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Posted by Adrienne on August 31, 2016
There's a man who stands outside the entrance to my building in downtown Manhattan almost every day with the same hawker's chant, in a tone like an auctioneer: "SHOErepairSHOErepairTENPERCENTOFFSHOEREPAIR". I wonder: How bored must this guy be saying the same thing over and over and over again? Does he do this all day long? Does he say other things for other businesses or just these same five words? Is he so used to saying it that it doesn't even register in his brain? Does he occasionally just break out into the chant at inappropriate times because it's second nature, in the same way you get into your car on a Saturday afternoon and suddenly find that you've driven to the office when you meant to go to the store?
I realized one morning that there was something about his chant that felt so familiar. It took me a few moments to work it out but suddenly it occurred to me that it is performed in the exact same intonation and cadence as my father used to do when he read outloud from one of my favorite childhood books about a man who hawks hats that are perched in a stack on top of his head: "CAPSforsaleCAPSforsaleFIFTYCENTSACAP". The only difference is that my father does not have a New York accent, which makes the shoe repair guy's chant sound like: "SHOErepaiahSHOErepaiahTENPERCENTOFFSHOEREPAIAH".
And I wonder if that guy made up the cadence of his chant, or maybe if his own dad read him that book when he was a kid, or if that is, since time eternal, just the chant one uses to hawks one's wares, be it caps or shoe repaiah.
Posted by Adrienne on August 15, 2013
My neighborhood is full of little churches. Walking straight east from my house to the Mississippi River, which is not quite a mile, I pass four little neighborhood churches. This is the one I can see from my house:
And here it is in 1920:
Ninety-three years ago, the church was being constructed. My house was built in the same year, so had the photographer turned a bit, he or she could have taken a photo of my house too. No such luck. The church was built by a Danish Lutheran congregation whose building in the nearby Seward neighborhood had burned down. That group has since moved on but the building serves the same purpose as it has since 1920 – as a small neighborhood church.
It isn't the changes to the building that I find intriguing, but seeing a landscape with which I am so familiar before it was completely encapsulated by concrete and tamed with turf grass. It reminds me that my neighborhood was once a "wild" place with soil and trees and animals. It's a similar feeling I get when I admire one of the many groves of stately oaks that are scattered throughout the neighborhood. While walking down a street, I sometimes happen to peek down an alley and am occasionally startled out of my thoughts by the sight of a half dozen ancient oaks stretching their branches like buttresses over homely garages and trash cans. I imagine the oaks were there first, providing shelter for deer and fox for centuries before the day that roads and streetcars and houses began to take their place. This is what this rephotograph reminds me: that while concrete may cover the landscape today and while we may have removed most traces of the former woodland or prairie, the seeds and soil are still under there somewhere, sleeping. Like a secret landscape beneath my feet.
Posted by Adrienne on May 16, 2013
So my secret passion is learning how urban landscapes have changed over time. I'm not sure when it started, but I got to immerse myself in it in my Masters of Landscape Architecture capstone project in 2010. I had fallen in love with a riverfront site in downtown Minneapolis that had changed dramatically since it was first developed for industrial water power in the 1840s. Part of my analysis of the site involved finding historic photographs of the site and then re-taking a photograph from the same spot (or as close as I could get to it).
I love the results and it really helped me get a better understanding of how the site had changed.
For the past month or so, I've been researching and writing about the history of a former industrial area just northeast of the University of Minnesota's Minneapolis campus – it's part of a much larger project that the Design Center has been working on for years. More about that later. As I've been researching historic photographs, I came across this really fascinating photograph of a different part of campus which shows the Mississippi River and an area historically known as Bohemian Flats.
If you aren't familiar with the history of Bohemian Flats, what you are seeing in the bottom righthand corner is a neighborhood that was once home to a large population of immigrants, who began settling along the river flats in the 1860s. The land here was cheap and the residents found work in the nearby breweries and mills. When the river would rise in the spring, the entire neighborhood would flood – residents took it in stride and accessed their homes by boat. The large building on the right is the Heinrich Brewery. Another brewery operated on the north side of Bohemian Flats, behind the photographer in this image. For more historic photographs, including some really amazing ones showing kids rowing boats through the flooded streets, search for "Bohemian Flats" on the Minnesota Historical Society's online collection.
I've gotten to do some historical research on this area before, for earlier phases in this project and so I've seen many images of Bohemian Flats, but this particular one really struck me because it's taken from a spot I frequently pass, so it's quite easy to grasp the extreme changes that have taken place. But I wanted to document it. So I went to the Washington Avenue Bridge and re-photographed it.
What was once a dense residential neighborhood is now park land. University buildings currently stand along both river bluffs, including near the former brewery. Far in the distance, Interstate 94 crosses the Mississippi River.
What happened between the two photographs? The two breweries joined forces in 1891 and left the area to build the Grain Belt Brewery in northeast Minneapolis. Around 1900, the city of Minneapolis chose Bohemian Flats as the site for a river terminal. Eviction notices were issued to some residents starting in 1915 and by the 1930s most of the houses were gone. The flats housed a barge terminal and coal storage yard until the 1940s, until the upper locks and dams and the Upper Harbor Terminal were built upstream in the 1960s. In the 1980s, all of the infrastructure associated with the terminal was removed and the West River Parkway was extended along the Flats.
I love the stories these photographs tell. Stories of big ideas like how our relationship with the river has evolved in the past 200 years. I love that seemingly boring everyday landscapes like a riverside park hide secret pasts of immigrant neighborhoods and flooded streets. Re-photographing allows me to understand these stories better, to fix them in my mind, and to share them with others. I hope to do more.
Posted by Adrienne on January 21, 2013
I've been spending the last few weeks designing a winter landscape for a neighborhood park in Minneapolis. Now I'm working on transforming that design into an eye-catching rendering. The vast majority of landscape renderings depict the landscape in the warmer months – most often summer, but sometimes spring and fall as well. While some designers will create perspectives of the landscape in winter, I was hard-pressed to find a plan (aerial) view. To get a feel for how to depict a winter landscape from above, I've been spending some time looking at aerial photographs. I'm especially interested in figuring out how to illustrate the shadows of objects on the snowy ground – which are not only extremely elongated but also seem to glow electric blue at certain times of the day. I found that some of the best images came from photographers doing Kite Aerial Photography (or KAP, as it's known), of which there are entire groups on Flickr. Came across these beauties in the process…
Posted by Adrienne on December 17, 2012
St. Paul, Minnesota, has hosted a Winter Carnival on and off for the past 126 years. In my quest to learn more about the history of this particular Carnival, I went in search of old newspapers for quotes or clippings about the earliest Carnivals, set in the 1880s. That's when I discovered –
– the Library of Congress.
So the Library of Congress has some really amazing collections – especially historic photographs, prints, maps, and newspapers. Their collections database is really easy to search, find, determine copyright, and download. American Memory has a whole slew of open source images that are copyright-free. Chronicling America, a collection of historic newspapers, is where I found some of the earliest newspaper articles about the St. Paul Winter Carnival. Here is a sample front page, this one from St. Paul Daily Globe in 1886.
Searching through the pages that mentioned the Carnival, I came across some fun/funny/strange/interesting articles. Here are some of my favorites.
This first one describes the many beautiful hats (toques) donned by ladies attending the St. Paul Winter Carnival in 1886. In these first Carnivals, it was fashionable to become a member of one (or more) of the many toboggan clubs, each which had its own uniform complete with colorful toque. The toboggan clubs tobogganed on the many enormous toboggan slides around the city, but were also social clubs for men, women, and children alike.
My favorite part of reading these old articles is the ridiculously flowery language of the newspaper reporters. For example, my favorite from this article: "With the feminine liking for something new in dress and the accompanying gift of beautifying whatever they touch, they have made a variety of neat, tasty, and bewitching headgear that quite captures the hearts of the gentlemen".
There is also a tendency in these articles to be free with assertions about what is socially proper, especially when it comes to women's behavior: "For to look beautiful in the eyes of man is a laudable ambition for any woman when it is done with becoming modesty". I wonder if the author was a man or a woman…
This next one captures this phenomenon nicely.
"Damn has been said to be the strongest word in the English language"! How journalism has changed.
And lastly, I'll leave you with this fine story, a reporter doing his damnest (!) to lay out the "facts" of why St. Paul, MN is indeed a goodly city.
I didn't want to include the entire article, as it is quite long, but I love love love the heading on this one. Here are some of the more promising/surprising of the 100 reasons listed:
"It has the electric light."
"It has the prettiest girls in the country."
"It has men of brains."
"It has honest aldermen."
"The moral tone is pure and virtue is protected."
"No class of foreigners predominate. All are American." (!)
"The people are liberal minded, and public sentiment is wholesome."
Ah yes, St. Paul is a goodly city!
Posted by Adrienne on November 29, 2012
During my quest to understand how cities can better embrace the winter season, I found that many cultures and communities survive those long winter months by gathering together and throwing themselves a party. Winter festivals in Northern Europe began with pagan-based rituals in the Middle Ages. While some still follow cultural traditions, many festivals today are commercial in nature. Some are large, attracting international crowds and generating a huge economic impact on the surrounding region; others are celebrated only by a small local community. Some festivals focus on the arts, while others have recreational competitions at their heart. Almost all festivals include some measure of music, food, drink, pageantry, beauty, and light. Each and every winter festival lends an air of community and festivity to an otherwise drab and lonely time of year.
Here are some of my favorites:
Up Helly Aa on Shetland Island, UK: Hundreds of people dressed as Vikings and carrying lighted torches form a procession through the darkened streets, singing Viking songs and following a Viking ship. After burning the ship in the harbor, they then spend the rest of the night singing, dancing, eating, and drinking. Everyone gets the next day off to recover.
Snow Light Path Festival(Yukiakarinomichi) in Otaru, Japan: This one looks particularly beautiful, celebrating the simple but breath-taking beauty of light and snow and ice. This historic city displays thousands of ice and snow lanterns on paths and streets – even floating in the canal – creating a "fantasy world after dark".
Rørosmartnan: In the World Heritage mining town of Røros, Norway, residents celebrate folk cultural traditions on the streets in February with a marketplace, concerts and dances, cultural crafts, storytelling and bonfires in backyards, and horse-drawn sleigh rides. This one sounds particularly fun to me. It just looks so simple and homey and all about having fun outside with your neighbors in winter – and people seem to dress up in a lot of fur. Be sure to check out more photos on the official website. And side note: check out the village's gorgeous building colors and green roofs in summer!
The last winter festival today is one of the weirder ones I came across…
Frozen Dead Guy Days: In the small mountain town of Nederland, Colorado, this crazy festival was inspired by the strange but true story of a Norwegian man ("Grandpa") who, when he died in 1989, was cryogenically frozen and shipped to Nederland, where he is still "cared for" (packed in dry ice) in a nearby shed. The festival consists of a series of rather creative competitions including coffin racing, polar plunging, frozen salmon tossing, a frozen t-shirt contest, snowy beach volleyball, and a Rocky Mountain oyster-eating contest. Supposedly some festival-goers even make a special visit to the shed each year to have a drink with Grandpa, (may he RIP).
Posted by Adrienne on November 25, 2012
Since I get most of my writing done at coffee shops, I can't resist writing a bit about them when I find a good one. Today I'm writing from a new (for me) coffee shop, Corner Coffee just north of downtown Minneapolis. It's located in Minneapolis' Warehouse District, a former industrial area listed on the National Register of Historic Places. The beautiful old brick warehouses, designed predominantly in the Chicago Commercial style, once functioned as wholesale and storage for milling and manufacturing in Minneapolis. It was closely tied to the nearby railroad network that connected Minneapolis to the rest of the country. Now these gorgeous 6-story structures house architecture firms, upscale condos, art studios, and nice restaurants. Corner Coffee is tucked into the first floor of one such building and offers a cozy and friendly atmosphere with lots of nooks in which to work, chat, or read. Today there's live music, an informal hootenanny with half a dozen musicians doing a decent rendition of "Take a Load Off Annie". I recommend it as an informal office-away-from-office, especially if you want to get away from the typical residential neighborhood coffee shops and see a beautiful example of adaptive reuse of a historic district.
Posted by Adrienne on November 7, 2012
I'm immersing myself in winter right now. Research for the second phase of the park project (mentioned in the last post) is exploring how the neighborhood can embrace winter in the park, activating it year-round to keep out crime. I've been looking at how other cities in winter climates embrace – or at least cope with – the season of cold and dark and snow. Do they design buildings/streets/open space differently? How do they plan their public transit or bike infrastructure? What cultural practices are a response to winter's negative aspects? How do they celebrate the positive aspects?
While reading about various towns in northern climates (and keeping Google maps handy to look up where they are) I came across some beautiful images of Kiruna, the northern-most city in Sweden. Kiruna is the epitome of a winter city. North of the Arctic Circle, the average daily high in January is 12 °F. To give you an idea of how cold that is, the average daily high in January in the Twin Cities is 21.9 °F.
Kiruna certainly knows how to design for winter. Their church, or kyrka, has long sloping roofs that are not only lovely, but also handle large amounts of snow quite easily.
Months and months of snow and ice mean a landscape of white and grey. While lovely in itself, color becomes an important factor. The warm colors used on the buildings in the city center of Kiruna become even more vibrant in winter.
Even Stockholm, at the southern end of Sweden, whose winters are not nearly as ruthless, emphasizes color in the city.
The texture and form of a simple stone wall can provide subtle beauty to the landscape, especially in winter.
More findings to come….
© Copyright 2006 Adrienne Bockheim.


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OU (B.Tech,M.Tech,MBA,MCA,B.Pharm) I II III IV Year 1st Sem Result 2015-16
Osmania University (OU) had recently conduct the Examination 2nd Year- 1st semester, 3rd Year- 1st Semester, 4th Year- 1st Semester for Under Graduation and Post Graduation Course (B.Tech M.Tech MBA MCA Pharmacy) for the academic year 2015-16 and the exam was scheduled in the month of November- Decemebr 2015, and after the conducting of examination appeared applicants will looking for OU Odd Sem Exam UG PG Result 2015 on it's official website. So appeared students visit the official website regularly for more latest updates.
Few Information regarding about Osmania University (OU) 2015-
The Osmania University (OU) which is located in Hyderabad (Telangana) is a public state university which is affiliating to many colleges or Institutions of Osmania State. The Osmania University offers the primarily focuses on UG PG Degree and Engineering programes. Most of the applicants are trying every year to get admission through entrance examination in the Osmania University. The University of Osmania (OU) will be conducting the semester exams (Odd & Even) twice in a year and releasing the results within two months after the examination. The even / summer semester exams will be scheduled on April, May, and June. In the case of Odd / Winter Semester exams could be scheduled in the month of November, December every year. Now the students are looking for the Osmania University Exam Result 2015 for the Nov/Dec which has been uploaded online for the students to download.
Procedure to download Osmania University BE Result 2015-
- Go to the official website of Osmania University @ www.osmania.ac.in
- Here navigate your courser on the Examination link and after that click on the Result link.
- Search your appropriate link and after that click on that.
- Enter all the details like as Roll no and DOB and click on submit.
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Click here to get Osmania University Odd Sem Exam UG PG Result 2015-


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The Waiting is the Hardest Part of College Admissions (for me)
While we wait to hear from my son's top-choice college, I've taken to a somewhat unconventional coping method.
While we wait to hear from my son's top-choice college, I've taken to a somewhat unconventional coping method.
A reader asks for help with a tricky situation: a best friend's child with developmental issues is bullying her own child.
Getting ready for your college freshman's first (or first longer) return to home? There's much for which to be thankful, starting with having a game plan.
A reader is considering taking her four kids overseas for part of the school year, and asks for some advice on homeschooling and other logistics.
As my youngest barrels through his senior year of high school right after my oldest, I'm reminded of what I love (and don't) about this time of life.
Today is National Coming Out Day, and so I have some words of wisdom for parents with the help of my oldest.
It may only be early October, but if you find holiday shopping for a teen a monumental task, read this and relax a little. It's okay!
Going out to explore the world with your teenagers, or Cameron, isn't always easy. But Ferris and I can tell you that without a doubt, it's always worth it.
When it's time for your special needs child to apply to college, should they disclose? I think you know which side of this debate I'm on.
A reader is transitioning her high school freshman from homeschooling to public school, and asks for some advice. I have a few thoughts.
Was the first college dorm drop-off the stuff of legends? Actually, it felt remarkably normal, even as everything is changing, now.
I thought getting my oldest off to college was the hardest transition, but now it's time for the last everything as her little brother heads into senior year.
We talk about cranky babies and unwieldy toddlers; why don't we talk more about struggling teens? We fear judgment, but that's just got to stop.
A reader with a new college freshman wants my take on those college care package services; I doubt my thoughts will come as much of a surprise.
While my time of "active parenting" with my kids is drawing to a close, I finally figured out how to make sure the tail end of their childhoods isn't lost.
Who knew that helping my pack rat kid dig out her room before college would actually make me laugh?
I've been focusing so much energy on getting ready to let go of my college freshman, I forgot I was going to have to do a trial run with her brother, first.
Is gardening really a decent metaphor for raising children? I think it is, in many ways. "You reap what you sow" is only kind of true… and that's okay.
In our high tech world, kids can FaceTime, text message, and constantly feel connected to their friends. But things get lonely when a best friend is tech free for the summer.
How do we switch gears from "child we provide for" to "young adult who must provide for herself" in a way that makes sense? In our case, slowly.


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United States District Court, E.D. New York
March 30, 2014
FANNIE MAE WILLIAMS by her guardian United Guardianship Services; MINDY BACKER by her guardian Gay Lee Freedman; and ANNIE L. KELLY by her guardian United Guardianship Services, on behalf of themselves and all others similarly situated, Plaintiffs,v.NIRAV R. SHAH, M.D., M.P.H., in his capacity as the Commissioner of the New York State Department of Health, Defendant.
ROSLYNN R. MAUSKOPF, District Judge.
This is a putative class action arising from an alleged policy of the New York State Department of Health that does not allow for the deduction of certain expenses from the payment obligations of Medicaid recipients entitled to nursing home care. ( See Am. Compl. (Doc. No. 16).) In particular, plaintiffs, incapacitated persons under New York law for whom guardians were appointed by state court order, challenge the Department of Health's decision not to deduct from their required Medicaid contribution the expenses that plaintiffs may be required to pay to their guardians. ( Id. ) Plaintiffs seek declaratory and injunctive relief pursuant to 42 U.S.C. § 1983, claiming that this policy violates the Medicaid Act, 42 U.S.C. §§ 1396 et seq.. Before the Court is defendant's fully-briefed motion to dismiss. (Doc. No. 17.) Oral argument on the motion was held on March 27, 2014. For the reasons that follow, defendant's motion to dismiss is granted.
The crux of this case is an alleged conflict between plaintiffs' financial obligations to their guardians and plaintiffs' financial obligations under Medicaid. Plaintiffs reside in nursing homes and their Medicaid benefits are administered by the New York City Human Resources Administration ("HRA").[2] Each plaintiff is eligible to receive Medicaid benefits. Each plaintiff was also found, pursuant to Article 81 of the New York Mental Hygiene Law, to be an "incapacitated person" and was appointed a guardian to oversee the management of her property and personal needs. See N.Y. Mental Hyg. Law §§ 81.02, 81.03 (McKinney's 2014).
Plaintiffs are required to pay for the benefits they are eligible to receive under Medicaid, and, under some circumstances, can be required to pay for expenses related to their court-appointed guardians as well. "Medicaid recipients who are admitted to nursing homes and who have income exceeding a specified level must pay for a portion of their care." Florence Nightingale Nursing Home v. Perales, 782 F.2d 26, 27 (2d Cir. 1986); see also 42 U.S.C. § 1396a(q)(1)(A). The administering agency must deduct certain sums from the individual's income when determining that contribution, see 42 C.F.R. § 435.832, and "New York refers to a Medicaid recipient's monthly income minus the applicable deductions as the individual's net available monthly income' or NAMI.'" Sai Kwan Wong v. Doar, 571 F.3d 247, 251-52 (2d Cir. 2009) (quoting New York Ass'n of Homes & Servs. for the Aging, Inc. v. Novello, 786 N.Y.S.2d 827, 829 (N.Y.App.Div. 2004)). The "NAMI represents the amount that a patient is required to contribute toward his or her care." Florence Nightingale Nursing Home, 782 F.2d at 28-29.
The NAMI is calculated by the local agency tasked with determining recipients' eligibility in accordance with policies established by the state Department of Health. New York requires that plaintiffs contribute all of their income - less necessary expenses, a "personal needs allowance, " and other deductions not relevant here - toward their care. N.Y. Comp. Codes R. & Regs., tit. 18, § 360-4.9; see also Sai Kwan Wong, 571 F.3d at 251. At the same time, a state court that appoints a guardian "shall establish, and may from time to time modify, a plan for the reasonable compensation of the guardian" that "take[s] into account the specific authority of the guardian... to provide for the personal needs and/or property management for the incapacitated person, and the services provided to the incapacitated person by such guardian." N.Y. Mental Hyg. Law § 81.28(a).
According to plaintiffs, the Department of Health does not permit the deduction of guardianship-related fees and expenses, except in certain limited circumstances. (Am. Compl. ¶¶ 34, 52-53.) Moreover, in In re Deanna W., 908 N.Y.S.2d 692 (N.Y.App.Div. 2010), the New York Supreme Court, Appellate Division, Second Department, found that "New York's regulations regarding the calculation of an individual's NAMI... includes no provision for disregarding an individual's expenses, " even "non-discretionary expenses related to the condition contributing to the individual's need for Medicaid assistance." Id. at 693-94. Thus, the Appellate Division held that the lower court had erred in "directing the [administering agency] to disregard expenses associated with [the plaintiff]'s guardianship in calculating her NAMI."[3] Id.
Plaintiffs allege that the "practical import" for individuals who do not have sufficient funds to pay both their NAMI and their guardian raises two possible scenarios. (Compl. ¶ 55.) First, failing to deduct guardianship-related expenses may prevent or undermine the appointment of a qualified guardian, as the ward may be unable to pay the reasonable compensation to which that guardian is entitled. Alternatively, a Medicaid recipient may incur liability for nursing home or hospital charges if the recipient uses funds allocated to the NAMI to pay guardianship-related expenses instead of remitting the entire NAMI as required. Plaintiffs maintain that this "zerosum game" contravenes the Medicaid Act.[4] ( Id. ¶ 7.) The Court disagrees for the reasons that follow.
I. Standing
As an initial matter, the Court must determine whether plaintiffs have standing to bring this suit, and concludes they do not. See Alliance For Envtl. Renewal, Inc. v. Pyramid Crossgates Co., 436 F.3d 82, 85 (2d Cir. 2006) (citing Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101 (1998)). "Article III standing is a fundamental constitutional requirement that prevents courts from unnecessarily reaching legal issues in situations where the party to the litigation has failed to allege an injury which triggers an actual case or controversy that needs resolution by the courts." Butler v. Obama, 814 F.Supp.2d 230, 235 (E.D.N.Y. 2011); see also Lujan v. Defenders of Wildlife, 504 U.S. 555, 559 (1992). Whether plaintiffs have standing is determined on the basis of the facts existing at the time the action was filed, see United States Parole Comm'n v. Geraghty, 445 U.S. 388, 397 (1980), and the Court "accept[s] as true all material allegations of the complaint" with respect to standing, "constru[ing] the complaint in favor of the complaining party." Warth v. Seldin, 422 U.S. 490, 501 (1975). To have standing, plaintiffs must show that (1) they have suffered an "injury in fact" that is both "concrete and particularized" and "actual and imminent, not conjectural or hypothetical"; (2) their injury is "fairly traceable" to defendant's actions; and (3) their injury would likely be redressed by a favorable decision. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 180 (2000) (citing Lujan, 504 U.S. at 560); Bryant v. New York State Educ. Dep't, 692 F.3d 202, 211 (2d Cir. 2012), cert. denied, 133 S.Ct. 2022 (2013).
The Court notes that the amended complaint does not allege several key facts that are arguably relevant in determining whether these particular plaintiffs suffered an injury in fact. For example, plaintiffs do not allege what, if anything, plaintiffs are required to pay their guardians, and whether plaintiffs' guardians have, in fact, paid themselves and not the NAMI; whether the HRA actually considered and declined to exclude plaintiffs' guardianship-related expenses from their NAMI calculation, and whether plaintiffs challenged their NAMI determination through any state administrative or judicial processes.[5] Indeed, at oral argument on the motion held on March 27, 2014, plaintiffs' counsel conceded that he did not know whether there was a fee fixed for any of the, or whether the guardians had even been appointed prior to the calculation of their NAMIs.[6] As such, it is unclear - both from the amended complaint and from oral argument - that the HRA policy challenged in this action has actually been applied to plaintiffs. But even assuming, arguendo, that plaintiffs have sufficiently alleged an injury-in-fact, they lack standing nonetheless, as any such injury cannot "reasonably... be said to have resulted, in any concretely demonstrable way, " from defendant's alleged violation of the Medicaid Act.[7] Warth, 422 U.S. at 504.
Plaintiffs allege that defendant's decision not to exclude guardianship-related expenses from their NAMI calculation injures them because the funds used to pay those expenses must then be drawn from assets allocated to the NAMI, rendering plaintiffs unable to contribute the full amount required toward their care and causing them to incur potential liability for nursing home charges. Defendants urge that by choosing to pay their guardians and forgo their required contribution under Medicaid, plaintiffs are the sole cause of their own injury.[8] Defendants are correct. "The traceability requirement for Article III standing means that the plaintiff must demonstrate a causal nexus between the defendant's conduct and the injury.'" Rothstein v. UBS AG, 708 F.3d 82, 91 (2d Cir. 2013) (quoting Heldman v. Sobol, 962 F.2d 148, 156 (2d Cir. 1992)). While "the fairly traceable' element... imposes a standard lower than proximate cause, " plaintiffs must still sufficiently allege that "in fact, the asserted injury was the consequence of the defendant['s] actions." Rothstein, 708 F.3d at 91-92 (quoting Simon v. E. Kentucky Welfare Rights Org., 426 U.S. 26, 45 (1976)). And although a party "does not lack standing merely because [his or] her injury is an indirect product of the defendant's conduct, " there is no standing if the party cannot "proffer facts establishing that all links in the causal chain are satisfied." Garelick v. Sullivan, 987 F.2d 913, 919 (2d Cir. 1993) (citing Allen v. Wright, 468 U.S. 737, 757-58 (1984)).
It bears repeating here that plaintiffs are in no danger of losing any benefits afforded them under the Medicaid Act. Plaintiffs nonetheless complain that not deducting guardian expenses causes an "incapacitated person" under state law to incur debts to their medical providers when he or she uses funds designated as part of the NAMI to instead pay his or her guardian. Assuming the truth of that assertion, any injury is born not of state action but of plaintiffs' own conduct, exercised through their guardians and for which they are responsible. While "[s]tanding is not defeated merely because [a] plaintiff in some sense contributed to his [or her] own injury, " it "has been denied where the injury appears solely attributable to the plaintiff." Engwiller v. Pine Plains Cent. Sch. Dist., 110 F.Supp.2d 236, 246-47 (S.D.N.Y. 2000) (quoting 13 Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3531.5, at 457 (2d ed. 1984)) (emphasis in original).
Here, plaintiffs' alleged injury is solely attributable to their own voluntary actions. In Garelick v. Sullivan the Second Circuit found that limited-income Medicare beneficiaries whose physician fees had originally been subsidized by higher rates charged to wealthier patients failed to demonstrate a causal nexus between their alleged injury, higher fees, and a federal statute that instituted fee caps effectively equalizing rates for wealthy and limited-income beneficiaries. See 987 F.2d at 920. The limited-income beneficiaries argued that their injury was "fairly traceable" to the statute because the fee caps caused physicians to charge all patients the same rate. Id. The court in Garelick disagreed, explaining that "[a]ny increases in the amounts charged to limited-income patients would be the product of independent choices by physicians from among a range of economic options...." Id.
The voluntary decisions in this case are similarly "independent choices." Plaintiffs will continue to receive Medicaid benefits without incurring debts to their medical providers so long as plaintiffs continue to pay their required contributions. Any financial liability to the nursing homes that plaintiffs may incur is a direct result of plaintiffs' decision, exercised through their guardians, to forgo paying the NAMI in favor of reimbursing their guardians. As such, plaintiffs' alleged injury is attributable solely to an independent economic choice and not to the Medicaid Act or the state's implementing regulations.
Plaintiffs argue with this conclusion, claiming that the HRA's policy puts them in an impossible financial position because their guardians have a right to be paid. If plaintiffs pay all of their income as part of the NAMI, then it is possible that sufficient funds will not remain to compensate their guardians. But, as plaintiffs' counsel conceded at oral argument, neither the Medicaid Act nor the state's implementing regulations establish any right to compensation on the part of a guardian. Any right to compensation by the guardians themselves, of course, is not plaintiffs' to assert and plaintiffs' guardians are not parties to this action. And moreover, New York law entitles a guardian only to "reasonable compensation, " which is determined by the state court appointing the guardian. N.Y. Mental Hyg. Law § 81.28(a) (McKinney's 2014). In fact, plaintiffs conceded at oral argument that "reasonable compensation" may in some cases be zero, as in the case of a pro bono guardian, discussed more fully below. Thus, plaintiffs' alleged obligation to pay their guardians flows purely from a state law provision separate and apart from the Medicaid Act.[9]
Moreover, to the extent that plaintiffs allege the HRA's policy may prevent or undermine the appointment of a qualified guardian, there appear to be ample avenues of redress under state law. In In re J.T., 42 Misc.3d 1202(A) (N.Y. Sup.Ct. 2013), for example, the New York Supreme Court, Bronx County, directly addressed the intersection of guardians' fees for an incapacitated person in need of nursing home care and the NAMI calculation. The court observed that, "[a]ccording to HRA policy, incapacitated individuals who only have assignable income, e.g., Social Security benefits, are not entitled to a deduction for ongoing guardianship fees since their income can be assigned directly to the nursing home."[10] Id. at 1202(A). That is, guardianship-related expenses are not deductible because the guardian is not required to ensure payment for care. On the other hand, the court noted that the "HRA may exclude such guardianship fees from the calculation of [the] NAMI" where incapacitated individuals receive "non-assignable income, e.g., a pension or an annuity, " for which a guardian may be required to "access the [recipient's] income and make it available for NAMI payments for the cost of their care." Id. [11] The court further observed that the HRA "may deduct fees associated with establishing the guardianship from the incapacitated person's NAMI if that individual lacks the resources to pay such fees." Id.
Alternatively, a state court may also appoint an individual pro bono or "a public agency, including a local department of social services, " to serve as a guardian. N.Y. Mental Hyg. Law § 81.03(a) (McKinney's 2014). That was precisely the situation in In re Family & Children's Association, 841 N.Y.S.2d 218 (N.Y. Sup.Ct. 2007), decided by the New York Supreme Court, Nassau County. In that case, the court faced what it termed "one of the most difficult situations that occurs in the guardianship arena, " namely
[A]n incapacitated person who all parties agree and that the evidence clearly establishes is in desperate need of a guardian, who has no family members available, and totally without money or assets... [whose] needs are so great, and the family unit so dysfunctional, that even the appointment of an individual as a [g]uardian on a pro bono basis would be insufficient....
Id. The court observed, however, that "[t]he legislature, in its wisdom, had the foresight to realize that there are those truly unfortunate members of our society" and thus "ha[d] given [state] courts the authority under the Mental Hygiene Law § 81.19(a)(2) to appoint a public agency to be the guardian." Id. Finally, state courts presumably can address situations in which guardianship-related expenses exceed an individual's ability to pay through their "discretion to adopt a compensation plan [for a guardian] [they] deem[] appropriate in a particular case." In re Lindsay, 715 N.Y.S.2d 395, 396 (N.Y.App.Div. 2000).
In sum, plaintiffs have failed to allege any injury "fairly traceable" to defendant's conduct or the provisions of the Medicaid Act. Any financial liabilities plaintiffs may incur as a result of not paying the NAMI are the result of an independent economic choice to pay their guardians instead, an obligation that is neither imposed by, nor attributable to, the Medicaid Act, the state's implementing regulations, or any other provision of federal law. And any hardship entailed by plaintiffs' need to compensate their guardian is not a product of state action that contravenes the Medicaid Act, but rather of plaintiffs' failure to seek redress readily available under the New York Mental Hygiene Law.[12] Accordingly, plaintiffs lack standing and the amended complaint must be dismissed.
II. Merits
Even assuming, arguendo, that plaintiffs have standing to bring this action, the amended complaint still must be dismissed.
A. Legal Standard
As required by Fed.R.Civ.P. 8(a)(2), plaintiffs' amended complaint must contain a "short and plain statement of the claim showing that the pleader is entitled to relief, " which "contain[s] sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 578 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). "A claim has facial plausibility when [a] plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 570). Plaintiffs' amended complaint need not contain "detailed factual allegations, '" but it must offer more than "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements." Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555). Determining whether the amended complaint satisfies these criteria is "a context-specific task" that draws on both "judicial experience and common sense." Iqbal, 556 U.S. at 679 (citing Iqbal v. Hasty, 490 F.3d 143, 157-58 (2d Cir. 2007)).
Plaintiffs allege that the failure to deduct their guardianship-related expenses violates substantive rights guaranteed by sections 1396a(a)(19), 1396d, and 1396a(q) of the Medicaid Act.[13] ( See Am. Compl. ¶¶ 76-85; Pls.' Mem. in Opp'n (Doc. No. 19) at 5.) However, plaintiffs fail to state a claim for which relief can be granted under each of these provisions.
B. Section 1396a(a)(19)
Plaintiffs first allege that defendant's conduct "constitutes a deprivation by New York State of rights and privileges... set forth in 42 U.S.C. § 1396a(a)(19), which provides that New York State's Medicaid plan must' provide such safeguards as may be necessary to assure that eligibility for care and services under the plan will be determined, and such care and services will be provided, in a manner consistent with simplicity of administration and the best interests of the recipients." (Am. Compl. ¶ 79 (emphasis omitted).) Other courts, however, have held that this provision "simply express[es] in vague and general form[] the overall goals of the [Medicaid] program, [which is] a patently insufficient base on which to ground a private enforcement action under [section] 1983." Graus v. Kaladjian, 2 F.Supp.2d 540, 544 (S.D.N.Y. 1998); accord Harris v. James, 127 F.3d 993, 1010 (11th Cir. 1997); Stewart v. Bernstein, 769 F.2d 1088, 1093 (5th Cir. 1985); Evelyn V. v. Kings Cnty. Hosp. Ctr., 819 F.Supp. 183, 196-97 (E.D.N.Y. 1993). This Court agrees.
Plaintiffs bring this suit pursuant to 42 U.S.C. § 1983, ( see Am. Compl. ¶ 17), but "[s]ection 1983 is only a grant of a right of action; the substantive right giving rise to the action must come from another source." Singer v. Fulton Cnty. Sheriff, 63 F.3d 110, 119 (2d Cir. 1995) (citing Adickes v. S. H. Kress & Co., 398 U.S. 144, 150 (1970)); Perez v. New York City Dep't of Corr., No. 10-CV-2697 (RRM) (RML), 2013 WL 3226752, at *2 n.2 (E.D.N.Y. June 25, 2013). It has long been settled that section 1983 provides a remedy for rights conferred by federal statutes. See Maine v. Thiboutot, 448 U.S. 1 (1980); Casillas v. Daines, 580 F.Supp.2d 235, 239 (S.D.N.Y. 2008). "In order to seek redress through [section] 1983, however, a plaintiff must assert the violation of a federal right, not merely a violation of federal law. " Blessing v. Freestone, 520 U.S. 329, 340 (1997) (emphases added); see also NextG Networks of NY, Inc. v. City of New York, 513 F.3d 49, 52 (2d Cir. 2008).
To determine whether a federal right exists under a given statutory provision, the Court asks if (1) Congress intended the provision in question to benefit plaintiffs; (2) the right protected by the statute is "so vague and amorphous that its enforcement would strain judicial competence"; and (3) the statute "unambiguously impose[s] a binding obligation on the States." Blessing, 520 U.S. at 340-41; see also Graus 2 F.Supp.2d at 542. "Once a plaintiff demonstrates that a statute confers an individual right, the right is presumptively enforceable by [section] 1983."[14] Gonzaga Univ. v. Doe, 536 U.S. 273, 284 (2002); Rabin, 362 F.3d at 200. "Not every rule creates a right, " Graus, 2 F.Supp.2d at 543, and this Court joins those that have found section 1396a(a)(19) to be an insufficient base on which to ground a private enforcement action under section 1983. Requiring safeguards that "may be necessary" to administer care and services "in a manner consistent with simplicity of administration and the best interests of the recipients, " 42 U.S.C. § 1396a(a)(19), is precisely the type of vague and amorphous obligation that would "strain judicial competence" to enforce. Blessing, 520 U.S. at 340-41; see also Graus, 2 F.Supp.2d at 543-44. Thus, plaintiffs do not have a private right of action under section 1396a(a)(19) and, to the extent that they allege violations of that provision, their claims must be dismissed.
C. Section 1396d
Next, plaintiffs allege that defendant's "conduct... constitutes a deprivation by New York State of rights and privileges... set forth in 42 U.S.C. § 1396d, which provides that certain classifications of persons... are entitled to receive Medicaid benefits if their income and resources are insufficient to meet all of [the] cost' of... care provided during the residency in a nursing home." (Am. Compl. ¶ 80.) Section 1396d is in fact quite extensive, and plaintiffs failed to specify the provision or provisions on which they rely. Arguably, however, plaintiffs are invoking section 1396d(a)(4), which explicitly references assistance in connection with "nursing facility services." 42 U.S.C. § 1396d(a)(4)(A).
It is unclear whether section 1396d(a)(4) contains a private right of action, but the Court need not decide that question because this claim fails to state a plausible basis for relief. Section 1396d(a) provides a definition of "medical assistance" that lists medical services - including certain "nursing facility services" - that are covered or partially covered under Medicaid.[15] See id. § 1396d(a)(4). Plaintiffs suggest that a guardianship-related expense qualifies as a covered service under the Medicaid Act because it is, "for someone in a long-term facility, an expense for nursing facility services.'" (Pls.' Mem. in Opp'n at 14.) The Medicaid Act, however, describes nursing facility services as "services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care...." 42 U.S.C. § 1396r(b)(2). While legal guardians may assist with securing nursing facility services, see, e.g., id. § 1396r(b)(2)(B), the Act gives no indication that guardians' services are themselves a component of that care. Id. § 1396d(a)(4)(A). Indeed, plaintiffs' own allegations indicate that guardianship-related expenses may sometimes be completely unrelated to receiving medical assistance. ( See Am. Compl. ¶¶ 45-49.) Plaintiffs provide no authority or reasoning for the proposition that nursing facility services encompass guardianship-related expenses, and rest solely on their conclusory assertion that such expenses are covered. As such, this claim does not state a plausible basis for relief.
D. Section 1396a(q)
Plaintiffs' claim under section 1396a(q) also fails. (See Am. Compl. ¶ 79.) Here, too, the Second Circuit has yet to decide whether a private right of action exists. Again, however, the Court need not decide the issue because plaintiffs' claim fails to state a plausible basis for relief. In essence, plaintiffs argue that the statutory "personal needs allowance, " which states are required to deduct under the Medicaid Act, must account for guardianship-related expenses. ( See Am. Compl. ¶ 43(i).) The relevant part of section 1396a(q) states that
The State plan must provide that, in the case of an institutionalized individual... in determining the amount of the individual's... income to be applied monthly to payment for the cost of care in an institution, there shall be deducted from the monthly income (in addition to other allowances otherwise provided under the State plan) a monthly personal needs allowance... which is reasonable in amount for clothing and other personal needs of the individual... while in an institution, and... which is not less (and may be greater) than the minimum monthly personal needs allowance....
42 U.S.C. § 1396a(q)(1)(A). The minimum monthly personal needs allowance under the Medicaid Act is "$30 for an institutionalized individual." Id. § 1396a(q)(2). New York law is slightly more generous, providing for "[a] personal needs allowance of $50... [for] an applicant/recipient who is a resident of a residential health care facility...." See N.Y. Comp. Codes R. & Regs., tit. 18, § 360-4.9.
New York does not include guardianship-related expenses in the personal needs allowance when it calculates the NAMI. New York is not alone in this determination. See, e.g., Dep't of Health & Mental Hygiene v. Campbell, 771 A.2d 1051, 1057 (Md. 2001) (holding that "guardianship commissions" are part of a beneficiary's "available income" and not part of the "personal needs allowance"); Rudow v. Comm'r of Div. of Med. Assistance, 707 N.E.2d 339, 347 (Mass. 1999) (finding that the Medicaid Act "does not contemplate the payment of medically necessary guardianship expenses as part of a Medicaid recipient's personal needs allowance"). That states take this approach is not surprising in light of the statutory text and purpose of this provision.
As always, the "starting point in statutory interpretation is the statute's plain meaning, if it has one." United States v. Dauray, 215 F.3d 257, 260 (2d Cir. 2000). The express language of section 1396a(q) does not require - or even mention - deducting guardianship expenses. Rather, section 1396a(q) mandates simply that New York deduct at least thirty dollars for a "personal needs allowance which is reasonable in amount for clothing and other personal needs of the individual" when determining a recipient's NAMI. 42 U.S.C. § 1396a(q)(1)-(2). The minimum deduction under New York law, fifty dollars, see N.Y. Comp. Codes R. & Regs., tit. 18, § 360-4.9(a)(1), exceeds the minimum federal deduction, see 42 U.S.C. § 1396a(q)(2), and plaintiffs do not allege that defendant deducted an allowance less than the state minimum.
Instead, plaintiffs maintain that the state deduction is insufficient because it excludes guardianship-related expenses, which must be considered part of a "recipient's personal needs' amounts" since they are "necessary for the personal needs of the recipient." (Am. Compl. ¶ 43(i).) Plaintiffs appear to suggest that the Medicaid Act not only provides for the deduction of the personal needs allowance, but also guarantees the beneficiary's receipt of that allowance - even if other parties later seek to collect from those funds.[16] Neither contention has merit.
The plain text of the Medicaid Act requires the deduction of an allowance that "is reasonable in amount for clothing and other personal needs, " 42 U.S.C. § 1396a(q)(1) (emphasis added), indicating that the allowance was intended to allow the purchase of small personal care items to improve patients' quality of life in nursing facilities. The small minimum of thirty dollars mandated by section 1396a(q)(2) is a clear indication that Congress did not contemplate the payment of significant expenses from the allowance - an observation born out by the legislative history of section 1396a(q), which evinces a congressional desire to "enable [patients] to purchase small comfort items not supplied by the[ir] institution, " not to provide funds for more substantial "subsistence needs." H.R. Rep. No. 92-231, at 150. The Second Circuit has similarly described the allowance as "modest, " explaining that "[t]he deduction is small... because, in Congress's judgment, most subsistence needs are met by the institution.'" Sai Kwan Wong, 571 F.3d at 261 (quoting H.R. Rep. No. 92-231 (1971), reprinted in 1972 U.S.C.C.A.N. 4989).
Neither the text nor the legislative history of section 1396a(q) supports plaintiffs' interpretation, and they cite no cases in which a court expanded the personal needs allowance to account for guardianship-related fees. Moreover, to the extent plaintiffs argue that the Medicaid Act guarantees their receipt of the allowance in addition to its deduction during the NAMI calculation, they again failed to adduce any authority supporting their position. Accordingly, New York's decision not to account for guardianship-related expenses under the personal needs allowance does not violate the Medicaid Act.
For the foregoing reasons, plaintiffs lack standing to bring this action and, in any event, fail to state any claims for which relief can be granted. Accordingly, defendant's motion to dismiss (Doc. No. 17) is granted in its entirety.
The Clerk of Court is directed to enter judgment accordingly, and close this case.
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Competition, rather than collaboration, can help drive the performance of a team, writes Andy Porter. Competition among team members can motivate workers to get better individually and thus lift the performance of the team as a whole, he writes. He advises leaders to encourage heated discussion and to hire people to challenge and compete with them.
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Control valves MB 3 / 45 Liter
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All metal construction wall mounted dispenser for quick and easy dispensing of absorbent roll in the event of a spillage.
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Lady Runcie
Lady Jacobs writes: My late mother, Jocelyn Cox, was a friend of Rosalind Runcie (obituary, Jan 16) and delighted in retelling an anecdote from shortly after the Runcies arrived in St Albans. Rosalind went shopping for a new winter coat. The sales assistant produced several for her to try on. Rosalind declined one in particular, saying: "Oh no, I can't have a red one because my husband wears an awful lot of purple." This elicited the admiring response from the assistant: "Ooh, how trendy."
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This garden was a great stop on our trip! The pond was beautiful and there is a small hut that you can navigate towards to get closer and see the coy fish. The trees in November...
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3 Days in Tokyo
Guide to Tokyo Outdoors
One Day in Tokyo
This garden was a great stop on our trip! The pond was beautiful and there is a small hut that you can navigate towards to get closer and see the coy fish. The trees in November make this sight absolutely stunning with their colors. It's not at all a wonder why so many people choose to get married in this...
Lovely smaller Japanese garden around a pond and quite beautiful! Also offers a traditional tea ceremony, which was interesting. Many weddings in this special garden!
We found here one of our favorites featuring bonsai that are hundreds of years-old, koi pond - beautiful, peaceful garden. Cute fish pond too.
Beautiful garden, took all of the pictures on my camera annoyingly so cannot upload off my phone. It's free to start off with which makes everything better.. Haha. But no it is beautiful, there's a great spot to sit in by the water edge and all of the fish come up to it. Has lots of Bansai trees too. Also...
Happoen Garden is near a train station, so you won't have to walk very far. The day I visited, there was a wedding going on and my friend and I thought we were at the wrong place. My friend and I must have looked puzzled because one of the very polite staff members came up to us and said to...
This place actually used to belong to my family (Shibusawa) and my grandfather sold it before WWII. I've been here several times and because of the family history I've gotten very nice tours of the house.
The garden is nothing short of spectacular which is why this place is always packed with special events such as weddings.
I had an event there and I also visited the gardens. I was impressed how well kept they are, is the perfect spot for an event.
This park is an excellent park to visit and see the bonsai trees and the Japanese carpe fish. Its has great greeneries and bonsai as old as 500 years.
I was staying at the Sheraton, which is very close. This was a short walk and very worth it. The garden is beautiful: lots of bonsai, a koi pond and lush grounds. It seems to be part of a resort and was a little confusing where you could or could not go. But I wandered around and enjoyed being there....
Attended a business conference in this venue popular for wedding ceremonies. It was a real treat to find this peaceful garden right on the doorstep. A very special place in the middle of a 40-million people city.
Hello, I want to book a tea ceremony reservation at Happoen Garden but I couldn't find the website to book it. Can you please help?
also, I am interested in staying at Happoen after the tea ceremony for dinner as well, Can you please let me know what restaurants are there in the garden? Thanks.
Elva Duong
Hello i want to book a traditional tea ceremony with my husband next year when we visit toyko between april 3 and april 8 2017. How far in advance do i need to book? Do we need to pay before we arrive? Does the cost include garden fee entry?
I am planning to make a reservation for the tea ceremony going through the concierge at our hotel he posed this question:
Also, please kindly choose the seating from;
1. Sitting on the chair - 2,160yen per person
2. Sitting on Tatami (traditional Japanese floor) - 5,400yen per person
We have only about 1-1/2 hrs to spend at Happoen. Can anyone tell me the difference between 1 and 2 above? Besides the price?
Would we miss out if we went for sitting on the chairs? We will have other Tatami experiences while in Japan elsewhere
I would like to know how long does a tea ceremony at happoen gardens take, and if there are any session between april 28th to may 2nd 2016?
If you could also mention the price, it would be great
Thank you
Do I have to call to make a reservation at Muan teahouse or is there any other method for reservation?
See all questions


text: Here are all the necessary files you have to put on your iPod touch 1G to boot up iDroid: http://www.speedyshare.com/files/22541775/openiboot.tar.gz !!! ATTENTION !!! IF THE TOUCHSCREEN DOESN'T WORK, PLEASE USE OPENIBOOT COMMIT b54f1ad! Download link available bellow. Copy ALL files to private/var and then SET the permissions to 0777 If you don't do that, iDroid will never boot. Update: If you want Backlight control, Android Market, YouTube, Messenger etc please download this file (system.img). Pay attention IS EXTREMELY BUGGY!!!: http://www.speedyshare.com/files/22548016/system.img.tar.gz OpeniBoot download commit b54f1ad: http://www.speedyshare.com/files/22544080/openiboot.img3 Now, I try to figure out how to implement the full Sense UI. I tried to put it on but with no luck. He crash after 2 seconds. I used the Sense UI extracted from "myHero" ROM. Quick FAQ: Q: What should I do when I'm stuck at "Multi-touch calibration" ? A: Verify if zImage file is not corrupted. Verify if system.img and android.img.gz has been correctly unmounted. Q: What should I do when the screen fades to white? A: Try to recompile zImage and system.img. If doesn't work, try another version of openiBoot Q: I cannot start Android. I'm getting stuck at "Welcome to openiBoot" A: Your android files are corrupted. Copy them again. Have fun!


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Canlis Salad
|Romaine heart head
|1 Large
|Green onion
|1⁄2 Cup (8 tbs)
|Romano cheese
|1 1⁄4 Cup (20 tbs), freshly grated (reserve 1/2 cup for garnish)
|1⁄2 Cup (8 tbs)
|1 Tablespoon, thinly sliced
|1⁄2 Cup (8 tbs), thinly sliced
|1⁄2 Cup (8 tbs)
|Cherry tomato
|12 Medium
|Kosher salt
|1 Pinch (as per taste)
|Ground pepper
|1 Pinch (as per taste)
|Olive oil
|1⁄2 Cup (8 tbs)
|Lemon juice
|1⁄4 Cup (4 tbs) (freshly squeezed)
|1 Medium, coddled
|1⁄4 Teaspoon, minced
|Black pepper
|1⁄4 Teaspoon, freshly ground
1. Cook bacon until crispy, drain and slice thinly.
2. Cut romaine hearts into 1 inch pieces.
3. Thinly slice green onions.
4. Grate Romano cheese.
5. Slice mint and oregano.
6. Thinly Slice cherry tomatoes in half.
7. To make dressing, put the oil, lemon juice, coddled egg, garlic, salt and pepper in a bowl and whisk vigorously.
8. In a large salad bowl, add romaine, green onions, ¾ cup of the cheese, bacon, oregano, and mint Pour desired amount of dressing into the salad and toss thoroughly.
9. Divide salad onto plates, top each with croutons, sprinkle remaining cheese, and add sliced tomatoes
10. Add salt and freshly ground pepper to taste.
11. Serve immediately.
For more recipes please visit The Brown Lounge Website
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size
Calories 299 Calories from Fat 220
% Daily Value*
Total Fat 25 g38.3%
Saturated Fat 6.4 g32.1%
Trans Fat 0 g
Cholesterol 52.8 mg17.6%
Sodium 376.1 mg15.7%
Total Carbohydrates 10 g3.3%
Dietary Fiber 3.1 g12.2%
Sugars 2.8 g
Protein 10 g19.5%
Vitamin A 150.7% Vitamin C 30.6%
Calcium 30.6% Iron 10.9%
*Based on a 2000 Calorie diet


text:
Play: Icebreaker
Related Games
Description: Icebreaker
Description: Play for free online the best high score games for free on brightestgames.com. Click to play now for free Icebreaker games on brightestgames.com. Ice Breaker is a free online skill game that you can play here on vitality. Use your mouse to click and make the man and hit the ice wall with your fist to brake the ice and go forward. Ice Breaker is another one of the many skill games that we offer. If you enjoyed this game and want to play similar games make sure to play Digger vs Meat Ball or Acid Panic.
Control: Use mouse
Tags: ice breaker 2, icebreaker, skill games, mouse games, click games, brake, high score, fun
New racing games, shooting games, car games, bike games and sport games are added weekly! Icebreaker Games


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Is this restaurant good for dining on a budget?
Does this restaurant have a TV?
Is this restaurant romantic?
Does this restaurant offer delivery?
Is this restaurant good for lunch?
Does this restaurant accept reservations?
Is this restaurant good for dinner?
Does this restaurant have a full bar?
Is this restaurant good for brunch?
Does this restaurant offer free wifi?
Thanks for helping!
Thanks to Robert and the chef, we had an amazing time here. Hot delicious food...we had spaghetti and the manicotti. Perfect.
We had a team meal again at Luciano's. Food was excellent and plenty of it. Thanks for your hospitality.
The trip was great, food was good at Old Hamlin and Luciano's. Our road trip was excellent even if there wasn't the color we expected.
The ambiance is very plain and the music was Frank Sinatra, which I found annoying. But the food was well prepared, with generous helpings and the service was good. Pizza and pasta especially.
This is a great, authentic Italian restaurant. The pizza never disappoints and the wait staff are wonderful.
We initially wanted to go to Thai Mango, but we could not find it. SO we changed plans and went to Luciano's. We were not disappointed! We started with the Eggplant Rollatini, which we recommend, shared the Sicilian pizza, and finished with a piece of cheesecake. Each dish was done well, had good flavor, and was moderately priced. We'd recommend...
No ambiance, plastic table covers. A place to fill you up when you are needing fed but nothing special. Food was ok.
The atmosphere and wait staff are very nice and efficient. The food and wine selection is excellent. I had the Chicken Cashew salad and my Dad had Ravioli with meat sauce. Portions were very generous, however they could offer complimentary bread when a salad is ordered.
I LOVE that the outdoor café section is dog-friendly, as soooo few places are...
My husband and I frequent this place at least once a week. The pizza is the best. We have ordered various appetizers' but not any of the other food. The service is usually great. We love Krista. Sometimes we have a different person and once they messed up the order but promptly fixed it. Nice relaxing atmosphere.
Our family looks forward to our annual visit to this pizza place. Great food excellent service. Something for everyone. Can accomodate large families.
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.


text:
References for "Second step treatments for adolescent depression"
Brent D, et al. "Switching to Another SSRI or to Venlafaxine with or without Cognitive Behavioral Therapy for Adolescents with SSRI-Resistant Depression: The TORDIA Randomized Controlled Trial," Journal of the American Medical Association (Feb. 27, 2008): Vol. 299, No. 8, pp. 901–13. www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&dopt=Citation&list_uids=18314433
Emslie GJ, et al. "Treatment of Resistant Depression in Adolescents (TORDIA): Week 24 Outcomes," American Journal of Psychiatry (July 2010): Vol. 167, No. 7, pp. 782–91. www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&dopt=Citation&list_uids=20478877
Goodyer IM, et al. "A Randomised Controlled Trial of Cognitive Behaviour Therapy in Adolescents with Major Depression Treated by Selective Serotonin Reuptake Inhibitors. The ADAPT Trial," Health Technology Assessment (May 2008): Vol. 12, No. 14, pp. iii–iv, ix–60. www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&dopt=Citation&list_uids=18462573


text:
Caravelle New YorkAdd to shopping bag
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Dog Walking in Fremont
Book a dog walker to give your dog a 30-minute walk around your neighborhood.
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Perrysburg, OH, 43551
Dog Boarding, Drop-In Visits, Doggy Day Care, Dog Walking
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Rover also offers dog walking in:
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text:
Sci fi/Fantasy image byEeva Rossi
Ok, I know it should rather be Elven lady in a red dress, could not resist a Matirix reference!^-^ Done last year, when I was starting to fiddle with ink and watercolour. Nothing much more to say about this, wish somehow it had more of a story behind it than that. Ah well... I still like it despite some pretty glaring anatomy errors... Summer/Early Autumn 2008, Media: watercolour, ink
Published More than a year ago
Category Anime/Manga
Be the first to favourite this image.


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Led by mechatronics engineers Stephen Lake, Matthew Bailey, and Aaron Grant, we're revolutionizing how we will interact with technology in the future.
Our visionary leadership team is pioneering ways of interacting with digital devices to build the future of human-computer interaction.
Stephen Lake
Co-founder, CEO
A natural-born entrepreneur, Stephen started his first company at age 12. Later, he focused on hardware during his time at the University of Waterloo where he studied as a Loran Scholar, and on robotics at the Swiss Federal Institute of Technology Zurich (ETH Zurich). He and his co-founders were named EY Ontario's Entrepreneur Of The Year in the Young Entrepreneur category in 2015.
Matthew Bailey
A leading mind in creating functional, beautiful, and simple wearable technology, and a visionary for the future of human-computer interaction, Matthew studied mechatronics engineering at the University of Waterloo and robotics at the Swiss Federal Institute of Technology Zurich (ETH Zurich).
Aaron Grant
With a passion for creating intuitive and delightful software experiences, Aaron leads the software engineering team at Thalmic Labs. He envisions a future in which software gets smarter, giving us the right information exactly when we need it. Aaron graduated at the top of his class in the mechatronics engineering program at the University of Waterloo.
Mike Galbraith
Mike holds a business degree from Wilfrid Laurier University and is a Chartered Professional Accountant and CPA (Illinois) from KPMG. He joined Thalmic Labs after leaving BlackBerry, where he served as Senior Vice President, Operations from 2000-2013.
Tara Kriese
Tara is a change agent skilled at developing disruptive market opportunities and emerging product category launches. She joins Thalmic from Samsung where she launched and led US marketing efforts for the virtual reality portfolio. She has held various marketing positions at Amazon, Microsoft and AOL.
David Perston
VP Manufacturing
David has decades of experience disrupting global technology. He started at BlackBerry in 1996 to oversee production of the first two-way pager devices, and continued to oversee new-product-introduction at BlackBerry manufacturing partners worldwide before joining Thalmic in 2013.
Stefan Alexander
VP Advanced R&D
Stefan is passionate about developing new technologies, as demonstrated by his time leading the creation of state-of-the-art display prototypes at IGNIS Innovation. He has a bachelors and masters degree in electrical engineering from the University of Waterloo, and has 7 patents and 16 technical publications.
Kelly Daly
VP of People
Kelly possesses 20 years of Human Resources experience, developing and implementing people practices that drive business outcomes in both early growth-stage and global environments. She holds a Bachelor of Business Administration from Wilfrid Laurier University and a Master of Industrial Relations from Queen's University.
Sameera Banduk
Marketing Director
Sameera is a marketing professional who was born and raised in Kitchener-Waterloo. After completing her business degree from Wilfrid Laurier University, she became the first marketing hire at Well.ca, which then grew to be one of the fastest growing companies in Canada.
We have big plans, and world class investors backing them.


text: Okay since some believ in ghosts and spirits and some do not, and since some have had encounters with ghosts and spirits i decided to put this thread out there. Now if you have had any kind of paranormal experience, rather it be seeing a ghost, seeing a spirit, seeing a UFO, being abducted, seeing things fly through the air, hearing footsteps that were not there, doors slamming shut, objects moving by themselves, or just anything that has happened to you that was strang, please share them and post them here for all of us to read and debate them on rather they were real, or our imagination. I have many stories but i want to hear from some of you first. the physical pain is hurting me hard tonight so i am going to lay down a bit but dont let that stop you from posting. so please post? thank you. White Dove


text:
Welcome to the Citroen C3 Picasso review page, as you can see this page provides you with all our user generated reviews of Citroen C3 Picasso cars. AA Cars provide our users with the best feedback on all car makes and models all across the uk to give you the best possible information, to help you make your decision when buying a new used car. We break each vehicle review down into five categories (preformance, running cost, comfort, reliability and space practicality) making it very easy to understand, giving you feedback directly form the vehicle owner. This provides you with all the information you need to make the decision of which car is perfect for you.Write Review
The Citroen C3 Picasso is aimed squarely at the smaller family unit who require the flexibility of occasional large load carrying capability without losing the capability of being able to seat four adults for reasonably long journeys. To this extent it succeeds well,the back seats provide reasonable leg room but also fold flat to give a spacious and fully accessible load carrying area. I've successfully loaded and transported a ten drawer A0 map chest, an impressive achievement for a mid sized car.
The electronic multifunction display is centrally mounted and very clear, I like it but it gets mixed responses.
Performance is solid but unspectacular with my fuel consumption on the diesel model averaging 54mpg across all types of driving on a 3 year old car.
Main areas of dissatisfaction are lack of body support in the rear passenger seats and in particular the car electronics. I've had to replace 4 light bulbs of various types, some more than once, and I've twice had incidents where the driver side electronic window would stop working for a couple of days and then start working again.
These issues apart I've found the car is a reliable and sold performer to date, with no other areas of concern. It wont turn heads but it hasn't let me down either.
First of all I must say I was not looking to buy this model of car. I was origninally interested in a Berlingo but when we looked at the newer models at the showroom they appeared to be a lot larger than the older ones. They were more like a Transit van. They had the C3 Picasso there which appeared to be more my size of car. Generally a good all round versatile car. Normal driving 56MPG is achieved. The car was registered in December 2010 and I bought it August 2012. So far I've paid for 1 service, cost £199 and a pair of wiperblades. Performance is not exceptional for town driving but performs well on the motorway; will stay at 70MPH all day. One has to keep the revs up for decent acceleration. Gear selection is a little bit loose but the steering is very light. The driving position is higher than normal cars and visibility is very good. Controls are very easy to use and and the instruments very clear. One could say the car is a bit "plasticy" and occasionally has a few vibration noises. Two things I think could be improved on are a parking light and a better performing heater for the size of car.On balance so far I am pleased with the purchase of this vehicle.
I have had this car since May and I am very happy with it.
The fuel consumption worried me initially as the on board computer said we are getting 47 mpg. However, calculating the mileage against fuel used the figure is nearer 55. (mostly town driving).The car is the exclusive version and is very comfortable, even in the rear which had adjustable seats.
Visibility is excellent and it seems much bigger inside than the exterior suggests. I find the digital speedo easy to read and the position is excellent, no need to glance down. The speed limiter is an excellent gadget and I feel contributes to the good fuel consumption. Being the 16 valve HDi90 engine there is no particulate filter so no problems there. It is quite nimble with plenty of low down torque as you would expect from a diesel. No need for constant down shifts!! This replaced a HDi90 Peugeot 307 which we really enjoyed for 5 years and we have not been disappointed.
My C3 Picasso was advertised as a supermini but it's more than that- it's a SUPER mini. It does all that I want from a car, except doing the washing-up! Economy is good for my (mainly local) use, with low car tax and relatively low insurance. I need a good wide door because of my physical imperfections and I can get in and out more easily than any other car I've driven (quite a few!. I can pick up awkward loads if I need to and even use the roof bars for light-weight carriage. Driving characteristics are OK for me but I no longer go rallying. Driving position is comfortable with clear, easy to read instrument display. Service costs are OK too. Even the colour I chose is just right! Best car I've ever owned!
I Have this car 6 years in Jan 2014 and have been totally satisfied with it as star ratings show. With no breakdowns
and minimal repairs( 2 shocks)it has been very reliable. Used mainly on long runs I get 50mpg regularly. Mine is the
Exclusive model with automatic and alternative manual with
paddle shifters. I have read several reviews which complained of jerky gear change but mine is as smooth as silk. In fact I rarely use the full automatic option and
when I change maybe in 2years time it will be paddle shifters again.
The plus points are very comfortable passenger and driving seats, good fuel economy, low cost tax band, and lots of room in the boot and when seats folded down. We also like the slightly higher driving position.
The main thing we don't like is the constant rattle from the central console on the dashboard, we had a new one fitted but it is just as bad especially when cold, don't know if other cars of this model have this problem. Also the suspension is very soft and you get thrown around a bit over bumpy roads and corners.
Having owned a Fiat Doblo for some seven years, I then changed to a Citroen for the first time in my life. It has probably been one of the best cars I have had, so far.
It averages 57-60mpg and is a very flexible motor. It handles well and the ride is excellent. It has now done 31,000 miles and so far has had one set of tyres, one set of pads at the front and one set of discs and pads at the rear and is serviced by the supplying dealer once a year as well as a free pre-winter check each year also.
It is a car I recommend.
We bought the Picasso last year basically because it was a diesel and we had heard good things about them.
We were very dubious at first not knowing anyone who owned one.
It has been a brilliant car, very reliable, and very good on diesel, returning around 60mpg.
For a big car, it is also quite nippy once you get to third gear.
Running costs are also low, new tyres, servicing etc.
All in all we felt we have made a very good choice buying the car, and it is also extremely handy for our business.
Having moved from a C1 to the big boy the difference is incredible. So much space and great torque from the engine. It is a wee bit gutsy (44mpg) but hey its a big car.
Very comfortable with loads of gadgets. Superb radio. Great heater and air con.
Very comfortable with supportive seats. Steering light to park but firms up when on your way.
Cavarnous boot with loads of cubby holes. Rear seats fold flat to provide huge loading area.
Can't speak highly enough about the Picasso.
The car is easy to get in and out and has a great driving position.
With the rear seats dropped there is a huge amount of internal space.
Performance is limited given the small engine but this does mean average m.p.g of 40+.It could do with a 6th gear to improve performance at higher speeds.
Insurance and road tax are also low.
Externally the car is quirky to look at and is more stylish than the opposition.
Found this great car online and contacted AZ Autos. From start to finish Stuart at AZ Autos was friendly, helpful and supportive, making the viewing & purchase an easy process. Great car, low mileage and great price compared to others of similar low mileage on the market. Plus, received 12 months free AA cover. Would definitely recommend AZ Autos - Thank you :-)
You get what you pay for. It's two years old and the only problem has been a squeak on the gear lever- which was rectified - it hadn't been lubricated apparently. Tyres seem quite expensive and the wheels seem particularly prone to minor damage. Very quit for a diesel and only £30 a year road tax.
the handling on this car is absolutely terrible,you get thrown all over the road, no give in suspension, very twitchy when going round bends have to keep checking the steering been back to main dealers twice no help at all . now running the car on reduced tyre pressures better but not much .
Nothing special when it comes to performance but reasonably economical an very comfortable. Good all-round vision.
Technology is reasonably up to date but lacking in 'start-stop' tech and no DAB radio option.
I've been very satisfied with my C3 Picasso.
Extremely with running costs - road tax, diesel mpg.
Information re change of gear on speedometer is inaccurate.
Storage space sections (esp driver & front passenger)are not as good as other cars.
Everything is just what I wanted.
It is reliable, a bit light on the road in snow and ice. Then there is hardly any traction or steering. Making driving it in those conditions tricky. The dash could utilise the space better to give extra compartments.
I find the vehicle very spacious and is just what I need for all my varied requirements. It has plenty of luggage space and carries 5 people in comfort.It is easily maintained and so far reliable.
Very pleased with this car. Nice comfortable drive, and as low running costs as possible these days. Spacious interior and adaptable space
a nippy and versatile small car,poor passenger legroom, ride made rough by low profile tyres,excellent for the city.
Eccentric in may ways but good all round family car. The road noise is a bit loud on roads with a rough tarmac.


text:
How to ruin your boyfriend's reputation [electronic resource]. Simone Elkeles.
Electronic resources
Record details
- ISBN: 9780738722818 (electronic bk)
- Physical Description: 1 online resource
- Publisher: Woodbury : Flux, 2010.
Content descriptions
|General Note:
| Title from eBook information screen..
|Summary, etc.:
| "A great read-alike for fans of Meg Cabot, Melissa Kantor, and Sarah Dessen."—VOYA Guess who's jetting off to the Holy Land this summer! Yes, it's me—Amy Nelson-Barak. I've volunteered for ten days of military training in Israel with my friends. The Sababa brochure said it would be a "fun" summer experience. Okay, so I didn't sign up to prove I'm not a princess…I did it to surprise my hot Israeli boyfriend stationed at the same base. Too bad nobody told me: - It's hot in the Negev desert…like, so hot your makeup melts off and you get under-boob sweat spots. - You can't sleep in until 11 a.m. - You shouldn't kill bees with your flatiron—don't ask. - Peeing in a hole isn't easy (when you're a girl)—double don't ask. When I find out our team leader is my boyfriend Avi, I'm totally psyched…until I learn he...
|Target Audience Note:
| Text Difficulty 8 - Text Difficulty 12
UG/Upper grades (9th-12)
750 Lexile.
4.6 ATOS Level
|System Details Note:
| Requires OverDrive Read (file size: N/A KB) or Adobe Digital Editions (file size: 257 KB) or Amazon Kindle (file size: N/A KB).
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