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July 8, 2011
On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. SVP-395-05.
Argued June 14, 2011
Before Judges Carchman and Parrillo.
R.J. appeals from the December 17, 2010 order of the Law Division, continuing his involuntary civil commitment to the Special Treatment Unit (STU) as a sexually violent predator pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. He argues that the State presented insufficient evidence to support his continued commitment. We have thoroughly reviewed the record and we find appellant's argument lacks merit. We are satisfied the judge's findings are amply supported by the record. Accordingly, we affirm.
R.J. is a twenty-six-year-old male. The predicate offense involves an adjudication of delinquency in 2002 for conduct which, if committed by an adult, would constitute first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(4). This charge stemmed from his performing fellatio on a sixteen-year-old boy while armed with a knife. At the time, R.J. was also sixteen years old. R.J. gave a statement to the police in the presence of Eric Messer, whom he falsely described as his "father." He admitted the allegations and stated that, while staying in a motel room with Mr. Messer:
[R.J.] did in fact invite a young white male to his hotel room. [R.J.] stated that [Messer] left the room early in the morning to go to church. [R.J.] stated that as soon as the victim entered his room he grabbed him by the throat and pushed him into the rear of the main door. [R.J.] advised that once the male's pants were removed he did in fact perform fellatio on him. [R.J.] stated that the male suspect tried to get away and he had to physically restrain him by using a headlock on him. [R.J.] advised that he threw the subject to the floor of [sic] once again performed fellatio on him. . . . [R.J.] advised that he let the white male subject leave. [R.J.] noted that before this subject departed from his motel room, he did show him a knife, and told him that he would kill him if he told anybody of what had happened.
R.J. was committed to the Juvenile Medium Security Facility for four years. As he approached his release date, in May 2005, the State filed a petition for R.J.'s commitment pursuant to the SVPA. R.J. was committed on November 10, 2005. On July 6, 2006, following a review hearing, the commitment was continued. We affirmed that decision on appeal. In re Commitment of R.J., No. A-5769-05 (App. Div. July 21, 2009) (slip op. at 16).
The instant proceeding, which is the subject of this appeal, occurred on October 20 and December 1, 2010. The State presented the testimony Dr. Jamie Canataro and Dr. Pogos Voskanian. R.J. produced the testimony of Dr. Uri Amit and Dr. Christopher Lorah.
Dr. Canataro diagnosed R.J. with the following psychiatric conditions: polysubstance dependence in a controlled setting; attention-deficit hyperactivity disorder; and antisocial personality disorder. R.J. was tested on Static-99, which is a measure of relative risk for sexual recidivism. On this test, R.J. scored a 6, which places him in the high risk category for sexual reoffending. R.J. was also subject to a sexual history polygraph, which indicated deception.
In his meeting with Dr. Canataro, R.J. admitted that he still struggles with deviant arousal and that he had last masturbated to a deviant fantasy approximately eight months before their meeting. Specifically, R.J. said that he masturbated to thoughts of holding someone down on the beach, and that he currently experiences pop-up thoughts of deviant fantasies. According to Dr. Canataro, these deviant thoughts, specifically those during masturbation, are indicative of the fact that the relapse prevention is not yet working. Although R.J. denied allegations of intimacy with a younger STU resident, he did admit to being in a previous sexual relationship with another individual in the facility about nine months ago.
Dr. Canataro noted that, more recently, R.J. has shown an increase in motivation for treatment, and encouraged him to continue on his positive treatment trajectory. In this regard, Dr. Canataro noted that R.J. was maintaining investment in treatment by going to groups, participating in floors, and being supportive to his other group members, along with participating in self-help groups. However, R.J. does not often talk about himself, which, according to Dr. Canataro, is an important part of his treatment.
Dr. Canataro also noted that R.J. needed to refrain from any behaviors that could be misinterpreted as sexual with other residents, and that he needed to identify other possible victims of his behavior as well as his own deviant arousal. Dr. Canataro also recommended that defendant join the Therapeutic Community, a more advanced "therapeutic milieu."
Ultimately, Dr. Canataro recommended that R.J. continue in Phase-3 of treatment, which the expert defined as "indicat[ing] that the resident is becoming aware of [his] core treatment issues and [is] actively engaged in treatment to work on [those] issues." Dr. Canataro opined that R.J. was not yet ready for Phase-4 because that phase "indicates that [R.J.] would have successfully explored all of his treatment goals and would be ready to be considered for discharge planning. [R.J.] is not at that level yet. [R.J. is] still exploring his core treatment issues."
The State's other expert, Dr. Voskanian, diagnosed R.J. with polysubstance dependence in a controlled environment; paraphilia NOS; and anti-social personality disorder. The expert's anti-social personality disorder diagnosis was based on R.J.'s conduct problems, which began at a young age and persisted into adulthood. According to Dr. Voskanian, the disorder leads to a tendency to deceive others, have disregard for other people's rights, and result in little or no empathy. The combination of these factors, according to Dr. Voskanian, contributes to his risk of sexually re-offending. Dr. Voskanian's diagnosis of paraphilia NOS was based on R.J.'s clear arousal to non-consensual sexual activity. On the basis of these diagnoses, Dr. Voskanian concluded that R.J. remains at high risk:
[R.J.] is immature, and by his own admission, impulsive[. R.J. has a] history of not sufficiently address[ing] substance dependence issues, [a] history of quite violent sexual offense[s], persistent fantasies, disregard for rules and regulations, continuous violation of rules and regulations, . . . multiple unaddressed issues related to his sexual offenses and sexual pathology, as well as emotional dis-control, irritability, and continuous cooptive behaviors.
Dr. Voskanian had spoken to R.J. about his sexual experiences with other individuals in treatment. This was significant to Dr. Voskanian because it indicates that R.J. remains sexually preoccupied and is violating the rules of the institution. Dr. Voskanian noted that "[R.J.] has [a] propensity of violating the . . . rules of the institution and rules that are imposed. And if someone violates the rules . . . while they are in a restricted environment, they are more likely to violate rules when they are not in restricted environment[s], rules or conditions." In fact, at the time of his interview with Dr. Voskanian, R.J. had been recently put on a modified activities program [MAP] placement because he was "somewhat provocative and pushy."
Dr. Voskanian also testified that [R.J.] had described an unusual pattern in his fantasies:
[R.J.] has some sort of sado-masochistic fantasy, which he keeps in the back of his head as [an] aversive type of fantasy. [R.J.] masturbates to what he calls consensual fantasy. [R.J.] says that the aversive thing, being beat up and being soaked with urine and being . . . in the back of the car, and [a] variety of fully aversive events, [R.J.] keeps it in the back of his mind, but he calls it subconscious, and he masturbates to consensual fantasy.
According to Dr. Voskanian, R.J. also minimizes his substance dependence issues. This is significant because it is likely to impair R.J.'s judgment and impulse control, which substantially increases the chances of him sexually acting out. Also significant was R.J.'s deception during the polygraph test because this behavior correlates with his other issues related to sexual offending and his own poor judgment in recognizing sexual misconduct.
Dr. Voskanian concluded that R.J. belongs in early Phase-3, where he is addressing some of his issues while trying to engage in treatment:
[T]he central pathology, [the] characterologic tendency of splitting identity issues, persistent violation of rules of the institution, co-optive behaviors, consistent or with the flavor of sadomasochistic traits, correlated with his overall make-up, unaddressed issues of his own molestation and abuse, unexplored aggression which has a strong correlation with [R.J.'s] sexual perceptions and . . . all the perceptions of himself as a sexual being, unaddressed and unclarified discrepancies in substance dependence history.
Dr. Amit, who testified on R.J.'s behalf and who had counseled him in group therapy until R.J. went into MAP, agreed with the State's experts that R.J. should remain in Phase-3 of treatment. As for R.J.'s progress in group therapy, Dr. Amit noted:
[I]nitially, he had difficulties, but [where] we stand [R.J.] has changed, and went to remain seated, . . . not leave the group, managed to contain himself, control his anger. After that, [R.J.] moved on to not only controlling his anger, but also expressing why he was getting angry.
Certainly [R.J.] has . . . always been on time for group, his attendance has been near perfect.
Lastly, Dr. Lorah also testified on R.J.'s behalf. Dr. Lorah did not diagnose R.J. with either paraphilia NOS or with a personality disorder. The expert further explained that the link between antisocial personality disorder and sexual misconduct in the absence of a paraphilia disorder is slight.
Dr. Lorah opined that R.J.'s risk level would be described clinically as low to moderate in terms of potential for future sexual aggression or sexually inappropriate/illegal behaviors. Further, Dr. Lorah noted that R.J.'s "current treatment needs can be adequately and effectively met in the community," and noted the effectiveness of Global Positioning Systems in cases such as R.J.'s.
At the close of evidence, the trial court found "by clear and convincing evidence that [R.J.] does, in fact, suffer from a mental abnormality in the form of a paraphilia, and a substance [dependence], and a personality disorder that predispose him to engage in acts of sexual violence." Finding that R.J. had not progressed far enough to consider conditional discharge, the court continued defendant's civil commitment and set the matter for review in one year.
This appeal follows in which, in addition to contesting the sufficiency of the evidence, R.J. challenges for the first time on oral argument the reliability of the Static-99 test results and the State's failure to call witnesses to testify about his MAP status.
I. An involuntary civil commitment can follow service of a sentence, or other criminal disposition, when the offender "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26(b). "[T]he State must prove that threat [to the health and safety of others because of the offender's likelihood of engaging in sexually violent acts] by demonstrating that the individual has serious difficulty in controlling sexually harmful behavior such that it is highly likely that he or she will not control his or her sexually violent behavior and will reoffend." In re Commitment of W.Z., 173 N.J. 109, 132 (2002). The court must address "his or her present serious difficulty with control over dangerous sexual behavior[,]" and the state must establish "that it is highly likely that" the committee will reoffend "by clear and convincing evidence." Id. at 132-133; see also In re Civil Commitment of J.H.M, 367 N.J. Super. 599, 610-611 (App. Div. 2003), certif. denied, 179 N.J. 312 (2004).
Once an individual has been committed under the SVPA, a court must conduct an annual review hearing to determine whether the committee will be released or remain in treatment. N.J.S.A. 30:4-27.35. The burden remains upon the State to prove by clear and convincing evidence that the committee continues to be a sexually violent predator, as defined in the SVPA and interpreted in W.Z., supra, 173 N.J. at 131-32. "[A]n individual should be released when a court is convinced that he or she will not have serious difficulty controlling sexually violent behavior and will be highly likely to comply with [a] plan for safe reintegration into the community." Id. at 130.
In reviewing a judgment for commitment under the SVPA, the scope of appellate review is "extremely narrow", and the trial court's decision should be given the "'utmost deference' and modified only where the record reveals a clear abuse of discretion." In re Commitment of J.P., 339 N.J. Super. 443, 459 (App. Div. 2001) (citing State v. Fields, 77 N.J. 282, 311 (1978)); see also In re Commitment of V.A., 357 N.J. Super. 55, 63 (App. Div.), certif. denied, 177 N.J. 490 (2003). "The appropriate inquiry is to canvass the . . . expert testimony in the record and determine whether the lower court['s] findings were clearly erroneous." In re D.C., 146 N.J. 31, 58-59 (1996) (citing Fields, supra, 77 N.J. at 311).
We are satisfied from our review of the record that the judge's findings are amply supported by substantial credible evidence. State v. Locurto, 157 N.J. 463, 470-71 (1999). We affirm substantially for the reasons stated by Judge Freedman in his oral opinion of December 13, 2010.
II. In contesting the admissibility of his Static-99 test results, R.J. relies exclusively on J.P., however, his reliance is misplaced as that case is distinguishable. In J.P., supra, the committee, who was fourteen and fifteen years of age when he committed two sexual assaults, was committed as a sexually violent predator based in part on his score of seven on a Static-99 test,*fn1 placing him in the high range for future sexual offenses. 339 N.J. Super. at 445-47, 451. On appeal, the committee challenged the admission of actuarial risk assessment instruments, including the Static-99, which the State's expert admitted caused "significant concern" when applied to juveniles younger than eighteen-years-old. Id. at 455. We agreed, finding that certain Static-99 questions showed no value for J.P. as an adolescent, which cast doubt on whether the instrument could serve as a reliable predictor of his future dangerousness.*fn2 Id. at 456-457. Because the State presented no evidence that "actuarials could be properly admissible against subjects whose offenses were committed while under age eighteen," we remanded the matter for an evidentiary hearing concerning the admissibility of actuarial instruments. Id. at 457.
J.P. is clearly distinguishable from the present matter. Most important, Dr. Voskanian, the expert who conducted the risk evaluation of R.J., neither relied on the Static-99 test results nor incorporated them into his analysis. Moreover, R.J.'s expert, Dr. Lorah, only mentions the Static-99 test to discount its usefulness in this case. Although Dr. Canataro mentioned the Static-99 test as did the committee's doctor in J.P., here, unlike J.P., the State presented evidence that the actuarials were reliable and therefore properly admissible. Specifically, Dr. Canataro testified to the reasons the Static-99 was appropriate:
The Static-99 is an instrument that's used to measure sexual re-offense on individuals who have committed a sexual offense. [I]t is appropriate for [R.J.] as he has committed a sexual offense. I know there's concern that it was at such a young age, but according to the Static-99 manual, it is appropriate to use for [R.J.] . . .
[R.J.] has adult-like qualities in that offense. [I]t is often cautioned not to use this . . . with some offenders. But [R.J.], he utilized a weapon, he offended against a stranger. [T]here is adult-like elements to that offense. [S]o it does seem appropriate to use it on [R.J.]. And I say that with the caution that there are additional elements because of the young age that are considered when using risk assessment.
Similarly, even Dr. Lorah, who testified on behalf of R.J., noted the Static-99's applicability to committees who commit offenses appearing "adult" in nature. Dr. Lorah quoted the Static-99 scoring manual:
It should be noted that there were people in the original STATIC-99 samples who had committed sexual offense as juveniles (under the age of 18 years) and who were released as adults. In some cases an assessment of STATIC-99 risk potential may be useful on an offender of this nature. If the juvenile offenses occurred when the offender was 16 or 17 and the offenses appear "adult" in nature (preferential sexual assault of a child, preferential rape type activities) -- the STATIC-99 score is more likely of some utility in assessing overall risk.
Unlike J.P., there was expert testimony as to the appropriateness of the Static-99 despite the fact that R.J. was an adolescent when he committed the crime. Even more significant, Dr. Voskanian did not rely on those test results in evaluating R.J.'s risk of reoffending.
III. Lastly, R.J.'s contention at oral argument implicating the propriety of his MAP status is totally without merit. In fact, at the December 1, 2010 hearing, R.J. expressly withdrew his application for the court to consider his MAP status. Specifically, R.J.'s counsel stated, "[R.J.] indicated to me that he believes he's been taken off MAP in a week or two and would like me to withdraw his motion for the court to consider his MAP status." The court asked R.J. if he was sure, to which he responded, "since I've been on MAP for so long, I don't think calling in the witnesses is going to change the fact that I've already been on it for two weeks or months." Again, the trial court asked R.J. if he understood the nature of his withdrawal request and R.J. responded, "Yes, Your Honor." Having explicitly waived any objection thereto, R.J. may not raise a treatment challenge now for the first time at oral argument.
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Yam And Apple Bake
Total Time
Prep 20 mins
Cook 30 mins
Yummy, especially with a pork entree.
Ingredients Nutrition
- 3 cups peeled sliced yams
- 3 cups peeled sliced tart apples
- 3⁄4 cup packed brown sugar
- 1 teaspoon cinnamon
- 1⁄2 teaspoon nutmeg
- 1⁄8 teaspoon allspice
- 1⁄4 teaspoon salt
- 1⁄8 teaspoon pepper
- 4 tablespoons butter
- In greased 2 qt casserole, layer half the yams and half the apples.
- Mix brown sugar and spices together.
- Sprinkle half over yams and apples.
- Dot with half the butter.
- Repeat layers.
- Cover and bake at 375* for 15 minutes.
- Uncover, baste with the juices,and bake 15 minutes more.
Most Helpful
This recipe was so super easy. Even my husband who doesn't particularly care for sweet potatoes enjoyed it. The apples gave it a really nice flavor. I did have to bake mine about 15 more minutes to get the sweet potatoes nice and tender. I served it along with a baked ham, green beans, and rolls. Thanks for a great recipe.
Absolutely delicious! I just made this with my braised balsamic chicken. The only thing I did different was I used coconut oil instead of butter Yumm


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Profile of 3M
The 3M Company is an American multinational conglomerate corporation based in Maplewood, Minnesota, United States. 3M has worldwide reach and on of the greatest international presences of any multi-industry company. It's operations span more than 60 countries. There are 29 international subsidiary companies with manufacturing operations, 35 international laboratories and distributors and retailers managing sales in nearly every country in the world with 63% of 3M's total revenue comes from outside the United States as of 2009. The company also makes many 3M products available online for purchase.
3M's over 80,000 employees produce more than 55,000 products sold in more than 200 countries. These products are broken into six business segments:
- Healthcare *medical products, dental products)
- Industrial & Transportation (adhesives, abrasives, laminates)
- Consumer & Office, (post it notes, tape)
- Display & Graphics (D&G) (optical films)
- Electro & Communications, (electronic materials, , electronic circuits)
- Safety, Security & Protection (passive fire protection, traffic signals, car care products such as sun films, polish, wax, car shampoo, treatment for the exterior, interior and the under chassis rust protection)
Innovation is the key to the company's success with up to a third of annual sales coming from new products.
3M trades on the NYSE as MMM. It is a DOW JONES INDUSTRIAL AVERAGE component and a member of the S&P 500.
History of 3M
The history of innovation that sees mistakes as opportunities started on June 13, 1902. Five men walked into John Dwan's office in Two Harbors Minnesota to sign the incorporation documents for Minnesota Mining and Manufacturing, later renamed 3M Company. They thought they were going to sell a valuable mineral called corundum to eastern manufacturers for grinding wheels.
What they actually had was worthless anorthosite and it made a lousy abrasive. They failed to make useful sand paper, but rather than give up, they persevered, turning to imported Spanish garnet, and building a good business.
The company's second serious problem came in 1914 with catastrophic product failure. Customer were complaining the garnet was falling off the sand paper. One worker noticed that the minerals left an oily residue when soaked in water.
It was uncovered that the garnet had been shipped with olive oil while travelling from Spain. Rough seas spilled the olive oil into the garnet. The oily garnet would not stick properly to the paper and cloth backings causing product failure.
But 3M couldn't chuck the garnet - it was vital inventory. Instead, they had to find a way to get the oil out. The garnet was too expensive to throw out, so they tried washing and baking the stone to remove the oil, and it worked.
It took years for 3M to restore its reputation, but 3M's early misadventures taught the company an important lesson: ingenuity and perseverance can overcome even potentially ruinous mistakes.The company started its own lab in the wake of the oiled garnet disaster which was a critical step in the development of a culture of innovation.
A glue that would not stick very well lead to the invention of Post-It Notes and R&D continues to be the key to 3M's growth.
History of the 3M Logo
The 3M logo is the key element of the company's corporate identity. The company has worked hard to develop the logo into a corporate asset that is a symbol for innovative, reliable products and services from a company people can trust. This information is summarized from 3M corporate site, where the logo images were borrowed from.
3M Corporate Gifts
Buying a 3M collectible is a great choice for current or former employees of 3M, investors that made a lot of money with 3M or others that use 3M products in their business.
Collectable Games
A line of 3M Bookshelf Games produced in the 1960s and 1970s has developed a collector following. Titles include Phlounder, Ploy, Oh Wah Ree, and High-Bid. Check eBay and collectible stores for these titles.
NASCAR'S Greg Biffle and 3M
3M, along with Ford Motor Company sponsors Greg Biffle and the No. 16 3M Ford Fusion. As a result, there are a number of NASCAR collectibles and clothing that bear the 3M brand.
Amazon Price: Buy Now
(price as of Dec 16, 2015)
3M Share Certificates
An interesting and unique gift for a 3M employee, supplier, or dedicated customer is a share of 3M stock. These are easy to order as a gift. They come with annual reports, the right to attend 3M's annual general meeting in St Paul and dividend checks.
As a registered stockholder you can also join 3M's shareholder plan to reinvest dividends and buy additional shares without needing a stock broker.


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Celebrities Rock the Vote
Barbara DeFranco
| November 6, 2012 - 2:53 pm
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We found 3 'wend' adverts for you in the UK and Ireland
This advert is located in and around
Ulverston, London
Oxfam Shop Ulverston horst wende and his accordion band perform 12 tunes, including Those Were the Days, Zorba's Dance, Quando m'innamoro, and Auf Wiederseh'n See Oxfam website for delivery information
This advert is located in and around
Carlisle, London
Oxfam Bookshop Carlisle Anyone can be the subject of an anecdote. No special skills are required; one merely has to be human. Like the eccentric West de Wend Fenton, for example, who was apt to summon...
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Oxfam Bookshop West Bridgford This is a two CD set featuring organist Jean-Baptiste Dupont. Tracks are listed as: Drei Choralfantasien, op. 52. Alle Menschen mussen sterben -- Drei Choralfantasien,...


text:
Thread: Wondering......
05-02-2004, 10:30 PM #1An Awesome Dude
- Join Date
- Oct 2002
- Posts
- 13,277
I have WIndows Media 9 (One of my media Players) and several audio streams i goto have a 2 hour time limit before they close my Media session......
I have discovered the timer IN THE MEDIA PLAYER responds to this......
Is there a way to disable the timer so it doesnt keep track of how long i've been listening to a stream????? If there is,i can listen to a stream non-stop as if there wasnt a time limit...........
One time i had a link with the end time right in it (&endtime=02:00:00) all i did was remove that part of the url and i had non stop audio,so there must be a way!!!!!!!
Thanx for your help,
The Dude
Tinyurl is the answer for posting long urls!!!
05-03-2004, 01:49 PM #2working on it
- Join Date
- Nov 2002
- Location
- paradise
- Posts
- 6,201
Cant you just switch stations or switch media players when the two hours is over ?
05-03-2004, 04:42 PM #3Web Hosting Master
- Join Date
- Aug 2000
- Location
- Posts
- 6,627
Re: Wondering......Originally posted by The Dude_
One time i had a link with the end time right in it (&endtime=02:00:00) all i did was remove that part of the url and i had non stop audio,so there must be a way!!!!!!!
This is basically like a hosting customer coming here and asking if there's a way to get around their host's bandwidth or transfer limits, isn't it? If they're cutting your feed after two hours, that's their policy and you're agreeing to it by using their service. You shouldn't be trying to defeat it, and no one here should be advising you on how to do so.
Last edited by JayC; 05-03-2004 at 04:47 PM.


text:
|2010-12-13, 09:05
|Link #1301
Joseph Defense Squad
Join Date: Nov 2009
Location: Mars
About the compilation volume- I'd like to know too if there will be differences/ eventual fixes
@MichaelKnight: CHILL. No one hates her here. Not even me. Seriously, chill. I criticized her. Get over it. It doesn't mean I hate her.
@wingzerosnuggles: yes, I know they are. That's why I can understand that Relena fans like you are on their toes because she gets bashed a lot, but apparently that means criticizing her can't be done without getting accused of being a "hater" and attacked ridiculously. that's both, too funny and too bad.
I repeat: I NEVER said I hate her, in fact she is the exact character type I usually LIKE (plus, I still kind of like her), but I have some issues with her. I also understand the reasoning behind some of her actions, which is why I stated that the only thing that REALLY bothered me about her was the way the writers and/or cast viewed her. Which is a problem of the way the writers chose to portray her sometimes and is easily fixed by overlooking that and dismissing it as a flaw of the time GW was made.
quick points:
marina: yes, she was useless xD She's another example though of a politician being carried by their name/ what they symbolize though, different from Relena she didn't do much, and Relena could totally kick her ass
I felt maybe Kihel didn't get the crazy attention from the cast, at least for the first half not. I have to rewatch what happened after.
(Outside of Gundam: the entire Geass cast minus Lulu, Sheryl in Macross F, or maybe Macross females minus Minmay in general come to mind spontaneously)
Anyway, enough of that I never said I hated Relena, I technically like her but ALSO criticize her, that's all.
@Elo: 'course heero is the main for the fandom and carries the show. Just couldn't remember if the terrorism issue had ever been brought up, because somehow it would've seemed fitting seeing the overall more serious tone of GW. Somehow it should've been conflicting with Relena's ideals (essentially working with/ supporting terrorists as sovereign of a neutral/pacifist nation) and her credibility to the outside world. But maybe that's why and where she actually did lose some public support, we don't know. It's not criticism, only a thought
@IkuzeMinna: Yes, a little hypocritical, but understandable. You can't really even be neutral without making enemies, let alone yell a controversial, annoying (for the rest of the world) ideology from a mountain and expect to be safe.
You don't need to have an army like Switzerland does, saying "we're neutral you got a problem? We kick your ass!" but at least be able to defend your people- they shouldn't have to potentially die because of your groundbreaking idealism. This is where King Peacecraft screwed up and Relena did well- despite being criticized a bit.
Thanks for understanding my viewpoint/ recognizing I'm only criticizing her :s
About the airhead- issue: It didn't seem like such a problem to me, since it was only directed at the way she seemed to be at school- extremely popular, bratty etc- then we get proven wrong about that impression. It's good- it's similar to Sheryl, or Fllay, and I loved both of their developments. So I didn't even mean it in a bad way
|2010-12-13, 09:41
|Link #1302
Senior Member
Join Date: Jan 2009
Peepz, you know what scrolling is for, right?
@SkullFaerie I believe Marina's "uselessness' was justified. She at least tried in S1. S2 derailed her character though. However, they bring in the explanation that Marina was a concert pianist who wasn't really suited for the job. Still, you have to give her credit. She tried. Ok, she failed. But hey, we can't all be suddenly thrust into the political sphere and take the world by storm. At the very least, she made up for it with philanthropy. She didn't just mope. She composed music to cheer the children up because:
1. That was her job before she was princess. She's good at it.
2. Beats doing nothing.
I vehemently disagree with her not using the gun to protect the kids though. Ok, you don't want to fight. Still, protect the damned kids. Playing piano isn't going to keep them from getting killed.
As for your critique of Relena, it was probably taken the wrong way because you did not sufficiently clarify what you meant. Also the terms you used may be classified as derogatory. Referring to her as a "dumb blonde" is an offensive stereotype and doesn't really have much to do with her characterization. Same goes for "airhead." These are playground terms that there should be no room for if you want to be taken seriously. It looks like name-calling. Please note that I'm not saying you're name-calling but it's easy to see why people would assume that with the usage of such terms. So really, I think you should just be more creative with your terminology to express yourself better. It may not be a big deal to you but it is a big deal to other people so please keep that in mind.
EDIT: And you can criticize her all you want. I've managed to discuss her faults with people before. She's not perfect. However, if I'm following your train of thought correctly, what you dislike is how she is perceived. That's not really within her control, is it? Going by that train of thought, the analogy would be you like the product but dislike how it is packaged. Also, you stated earlier that she was arrogant and "liked the attention." I'd appreciate it if you would substantiate your claims with more than just your honest opinion. Citing scenes and episodes lend an argument more credibility.
As for the creators having a preference for her, here's their "Ten Years Later" interview. Relena is only mentioned once and only in passing:
Last edited by wingzerosnuggles; 2010-12-13 at 10:40.
|2010-12-13, 13:15
|Link #1303
Mama there goes that man!
Join Date: Jun 2010
Location: UK
With regard to Relena's possible conflict of interest, I'll agree with you to an extent. The Gundams were still considered terrorists at the time. However, only three Gundams ever did fight for the Sanc Kingdom and they were defending the kingdom both times. If anyone was aware of the mobile suits in Sanc's "defense force", I think they'd likely be restricted to Romefeller military personnel and officials.
From we've seen, she garnered support worldwide and from most of the colonies too. The only major people/groups that didn't support we know of were the White Fang and other colony radicals.
|2010-12-13, 17:42
|Link #1304
Where's the monoeye?
Join Date: Dec 2008
Location: Hargenteen
Age: 27
|2010-12-13, 18:00
|Link #1305
Join Date: Nov 2010
Location: The land down under.
Funny how you tell me to get over it when I just said I'm done. Don't turn it around on me, love. Don't tell me to get over it. YOU get over ME.
And you weren't attacked. You're the one who offended, I only defended.
But hey if it helps, you win. I'll stop arguing with you. You can say whatever you want and I'll just swallow it. So you're happy. <3
|2010-12-13, 19:07
|Link #1307
Join Date: Jun 2010
Just a heads up-- my laptop died last night and is off being fixed so in tandem with finals and then going on a trip after New Year's, I'm gonna be MIA from here for a while.
I hope Tallgeese Ka gets a modelkit
|2010-12-13, 21:22
|Link #1308
Supreme Grocer
|2010-12-13, 21:40
|Link #1310
Mama there goes that man!
Join Date: Jun 2010
Location: UK
Well, it looks like the variants are coming in handy.
|2010-12-14, 01:07
|Link #1311
Senior Member
Join Date: Jan 2009
@Deacon May I have your permission to post your translated EW: GotD chapters to Tumblr? If you decline, I completely understand. Most translators want to control the downloads so it's easy to take down just in case the company sends a cease and desist.
|2010-12-14, 14:51
|Link #1314
Supreme Grocer
|2010-12-14, 22:13
|Link #1315
Join Date: Jun 2010
Just a cute little thing I found and wanted to share with everyone! It's in Japanese-- but I got a kick out of this. There's these RP bots on Twitter for the Wing cast, and I noticed today that there's a new Duo Jr one XD It mostly just repeats automated tweets and replies that seem to be lines from the novel or based on dialogue from the novel but it's still cute.
The account: http://twitter.com/Duo_Jr (check his lists for the other Wing bots)
And... the doodle I drew for it >.>;; http://twitpic.com/3fxqlk
(There was other stuff before that too but I'm not gonna bore you with my dumb tweets )
Clearly the most efficient use of my time is to draw MS Paint doodles to troll twitterbots... XDDD It even responded to me in English a few times, I was tickled
EDIT: Oh yes also, REI finished that 1xR piece she was working on:
Spoiler for 1xR under the spoiler:
and here's a seasonal 1xR pic via pixiv:
Spoiler for More 1xR:
|2010-12-15, 00:55
|Link #1317
Join Date: Dec 2010
Location: USA
Age: 28
Here's the RAW scans for the prologue chapter of Frozen Teardrop! Includes the Duo Maxwell W Archives pages and interview with Sumizawa about FT!
In the process of scanning more chapters right now! Will post ASAP.
Last edited by peacecraft; 2010-12-15 at 01:07.
|2010-12-15, 01:02
|Link #1318
Join Date: Nov 2010
Location: The land down under.
|gundam wing
|Thread Tools


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- 3 beds
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text: MainStoriesA Baseball Game for Special Olympics in New Jersey A Baseball Game for Special Olympics in New Jersey michael maregrum. aka big mike | Aug 03, 2013 | North America: New Jersey July 20th marked 45 years of involvement of the Special Olympics in Chicago. Well, 45 years later a new sport was introduced to Special Olympics in New Jersey. A baseball game was played between two teams of 15 on each team. New Jersey North and the team I happily play on, New Jersey South. It was a great day in Special Olympics history. Hopefully it continues around the world. Let's get some baseball teams, so we can play in 2014 in New Jersey at the USA National Games. About Me:athlete since 1995. played on team New Jersey softball traditional team in 1995 in Connecticut World Games. I play basketball flag football. softball and floor hockey. Read More Stories Remembering Billy Quick, Whose Name Said it AllChristy WeirRealising that the r-word is not a laughing matterAnonymousI never was someone who openly said the r-word in order to shame or insult another human being. But I would occasionally laugh or join in with a joke.I'm Proud To Still Be At School!Phetsile NgubeniAchieving Their Personal Best: A Coach's Story from SwazilandSabelo DlaminiMy friend Tony Alaina TorkelsonWhen I was a kid I used the r-word frequently even picking on kids that were different....that is until I met Tony.Traditional Leaders in Malawi Support Family Health ForumsRomi ReineckePablo Ulises Lázaro: Successes of a mother and her sonLeilani GonzalezHe no longer fears dentistsGenevieve JiangVisiting a dental clinic made Bhavya Jain very anxious. Special Olympics helped.From shy and isolated, to confident leaderGenevieve JiangBefore Punsara Dissanayake joined Special Olympics Serendib, she was reluctant to attend school as she feared being bullied.Medical help gave her winning edgeGenevieve JiangJohn Lucas: From Introvert to Spokesman in BrazilCaroline ChevatA Special Olympics athlete took part in the signing of an agreement between Special Olympics and the International Volleyball Federation.Do You Have A Story to Share?Share Your Story More Stories


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Soaker Hose, 1/2 In. x 50 Ft.
Use this soaker hose in your flower beds to help water the roots of your flowers. This soaker hose is constructed of vinyl and is clog resistant under soil, mulch or pine straw. This soaker hose works well in even uphill flower beds and provides a consistent soaking.
- Soaker hose
- Diameter: 1/2 in.
- Length: 50
- For use in flower beds
- Connections: brass
- Hose material: vinyl
- Clog resistant
- Soaks consistent even uphill
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Your satisfaction is our priority. If for any reason you are not satisfied with a purchase from Agri Supply, we will gladly refund your money, or exchange the item, or fix it should it break. A minimum one-year warranty applies to all non-perishable items, parts and service from Agri Supply, and all hand tools sold by Agri Supply have a lifetime warranty, regardless of the length of the manufacturer's warranty. See our Agri Supply Guarantee for more details.
To return an item... give us a call at 1-800-345-0169, or visit one of our 8 retail stores near you, and one of our friendly customer service representatives, or store employees, will be glad to assist you.
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The above shipping chart applies to UPS ground shipments to the 48 contiguous states only. Please call 1-800-345-0169 for timing on shipments to Alaska, Hawaii, and Puerto Rico, thank you!
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- Worldwide Rank #118,192,860
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Fabio Nunes Twitter Stats
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Eu sou um cara sincero , fiel, legal, divertido, engraçado, romântico e poeta......
passo fundo - rs
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Celebs React to Trump Winning Election!
StyleWire: Guide to '90s Fashion NOW!
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Selena Gomez & Miley Cyrus Both Pregnant With Justin Bieber's Baby!?
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Supreme Court, New York County
October 22, 2013
GAY DANNA and KUDMAN TRACHTEN ALOE LLP, Plaintiffs,v.HUGH SMYSER and ROBIN FORMAN, Defendants. Index No. 153561/13
Unpublished Opinion
DECISION and ORDER
This action arises out of a Contract of Sale entered into on June 8, 2012 between defendants Hugh Smyser ("Smyser") and Robin Forman ("Forman")(collectively, "Defendants"), as purchasers, and Gay Danna ("Danna"), as seller, for the sale of cooperative unit #1D located at 123 West 93rd Street, New York, NY ("Subject Unit").
Pursuant to the terms of the Contract, the purchase price of the Subject Unit was $1, 325, 000 and Defendants provided a down payment of $132, 500 which is being held in escrow by plaintiff Kudman Trachten Aloe LLP ("KTA"), Danna's attorneys in the transaction. Defendants' obligations under the Contract were subject to a mortgage financing contingency provision.
Plaintiffs filed this action on April 18, 2013 seeking a declaratory judgment directing KTA to release the Deposit to Danna on the basis that Defendants breached their contractual obligations under the Contract by failing to "complete an application for a 30-year fixed rate loan from First Meridian or any other 'Institutional Lender"' as defined in the Contract within 15 days. Defendants filed an Answer and Counterclaims on May 28, 2013. The first counterclaim is for a declaratory judgment declaring that Defendants are entitled to the return of their deposit. The second is for breach of contract. On June 17, 2013, Plaintiffs filed a reply to the Counterclaims.
Defendants now move, pursuant to CPLR §3212, for summary judgment on their first counterclaim for a declaratory relief that they are entitled to a return of their down payment in the amount of $132, 500 and accrued interest, pursuant to the terms of the Contract dated June 8, 2012, and on their second counterclaim for breach of Contract. Defendants also seek the costs and attorneys' fees incurred in this action.
Defendants contend summary judgment is warranted because they failed to obtain a valid commitment letter from a lender to finance the purchase of the Unit, KTA communicated to Defendants' counsel that they had the option of terminating the Contract or proceed with the purchase, Defendants thereafter terminated the Contract, but Plaintiffs refused to return their down payment. Defendants further contend that Plaintiffs waived any right to enforcement of the Loan Commitment Date and are estopped from denying extension of the Contingency Period.
In support of their motion, Defendants submit the affidavit of Hugh Smyser, which annexes the following: a copy of the Contract; a letter dated September 24, 2012 from Nathan Perilstein, Senior Loan Officer of First Meridian Mortgage, to Smyser, which states that "none of the banks [he] represents would provide a fixed-rate mortgage" to Smyser; a letter dated July 20, 2012 from First Republic Bank approving Defendants' application for a residential mortgage loan; a letter dated August 6, 2012 from Joseph Badalov to John Lego, of KTA, requesting an extension of the mortgage contingency through August 20, 2012; a August 24, 2012 email from Lego from Stanley P. Kupfer; a letter dated August 27, 2012 from Badalov to Lego; and the pleadings.
Plaintiff opposes, and submits the affidavit of Gay Danna and the attorney affirmation of Jeb L. Singer. Annexed to Danna's affidavit, among other documents, are copies of a August 29, 2012 letter from Lego to Badalov, a September 21, 2012 notice sent from KTA to Defendants, a letter dated October 7, 2012 from Nathan Perilstein, a Senior Loan Office at First Meridian Mortgage, that Defendants' counsel forwarded to Plaintiffs counsel.
Paragraph 14.2 state of the Contract states provides, "The Attorneys may extend in writing any of the time limitations stated in this Contract. Any other provision of this Contract may be changed or waived only in writing signed by the Party or Escrowee to be charged." Paragraph 4 of the Rider to the Contract of Sale provides, "The parties hereby authorize their respective counsel to agree in writing to any changes in dates and time periods provided for in the Contract."
Paragraph 1.20 of the Contract made Defendants' purchase of the Unit contingent on their procurement of a "Loan Commitment" Letter within 45 days of the "Delivery Date" as defined in the Contract. Pursuant to Paragraph 1.21, Defendants were to obtain a loan in the principal amount of $930, 000.00 for a term of thirty "fixed rate years." Defendants were entitled to an automatic two week extension of the Loan Commitment Deadline.
Paragraph 18.1.1 defines an Institutional Lender as a bank, savings bank, savings and loan association, trust company, credit union of which Purchaser is a member, mortgage banker, insurance company or government entity that is authorized under New York State Law or Federal Law. Paragraph 18.2.1 obligated the Purchasers to apply for a loan from an Institutional Lender within (15) business days of the Delivery Date ("Loan Application Deadline") by submitting "truthful and complete information, and submit such application together with such documents as the Institutional Lender requires, and pay such applicable fees and charges of the Institutional Lender." Paragraph 18.2.2 required the Purchasers to "promptly submit to the Institutional Lender such further references, data and documents requested by the Institutional Lender." Paragraph 18.3 allows the Purchaser to cancel the Contract, provided that Purchasers are in full compliance with their obligations under 18.2 and an Institutional Lender has denied the Purchaser's loan application by the Loan Commitment Date.
On or about June 23, 2012, Kupfer, Defendants' counsel, sent Lego, Plaintiffs' counsel, a letter requesting an extension of the Loan Commitment Deadline until August 7, 2012. On or about August 6, 2012, Kupfer sent Lego a letter requesting a second two week extension of their time to obtain a financing commitment through August 20, 2012, stating that Defendants had not been able to obtain a fixed rate loan. Defendants advised that they had received a loan commitment from First Republic Bank but that it did not meet the requirements of the Contract because it was a commitment for a variable interest rate loan. The letter requested Danna's Counsel to "[k]indly indicate your client's acceptance of said extension by your written confirmation."
On August 24, 2012, Lego sent Kupfer an email stating, "We had a good phone call earlier this week, but now I have not heard from you. From my perspective, Monday August 27th, Smysa [sic] is either in or out. If he is in, we expect a board application by the 30th [.] If out, I will return the check."
On or about August 27, 2012, Joseph Badalov, Esq, . Kupfer's colleague, wrote to Lego: "This letter shall confirm your conversation with Stanley Kupfer wherein he informed you that the purchaser has been unable to secure a fixed rate mortgage commitment within the mortgage contingency period and the permitted Extension period. Accordingly, cancellation of the contract is hereby requested along with the prompt return of the downpayment."
In response, on or about August 29, 2012, Lego sent a letter to Badalov, stating "Please take notice that the Purchaser hereby objects to the release of the down-payment by your office."
On or about September 21, 2012, Lego sent Badalov a notice stating: "We have not received a response to our August 29, 2012 letter wherein requested a copy of the Purchaser's loan application and any rejection letter issued by the Institutional Lender. As Purchaser has not been able to demonstrate compliance with the Contract ... Seller has now demanded that this office as Escrow Agent will release the deposit to Seller unless objection is received ten (10) days from the date hereof (October 5, 2012)."
In a letter dated September 28, 2012, Kupfer objected to the release of the Deposit. On or about October 7, 2012, Kupfer sent Lego a copy of a letter, dated September 24, 2012, from Nathan Perlstein, a Senior Loan Officer at First Meridian Mortgage, a licensed mortgage banker, stating that it had denied Defendants' application, dated July 5, 2012, for a 30-year fixed rate loan (the "First Meridian Letter").
On or about October 11, 2012, Lego sent a letter stating that the First Meridian Letter had deficiencies and that it did not sufficiently substantiate the Defendants' claimed compliance with their contractual obligations. Lego requested a copy of the Purchasers' loan application. Plaintiffs contend that despite their requests, Defendants did not provide a copy of a completed application to First Meridian at that time or at any time thereafter.
The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law. That party must produce sufficient evidence in admissible form to eliminate any material issue of fact from the case. Where the proponent makes such a showing, the burden shifts to the party opposing the motion to demonstrate by admissible evidence that a factual issue remains requiring the trier of fact to determine the issue. The affirmation of counsel alone is not sufficient to satisfy this requirement. (Zuckerman v. City of New York, 49 N.Y.2d 557 [1980]). In addition, bald, conclusory allegations, even if believable, are not enough. (Ehrlich v. American Moninger Greenhouse Mfg. Corp., 26 N.Y.2d 255 [1970]). (Edison Stone Corp. v. 42nd Street Development Corp., 145 A.D.2d 249, 251-252 [1st Dept. 1989]).
A purchaser seeking to refund their deposit due to an inability to obtain financing bears the burden of proving that they acted in good faith to secure mortgage financing. Summary judgment is inappropriate if the purchaser is unable to establish compliance with its obligations as a matter of law. See, e.g., Katz v. Simon, 216 A.D.2d 270, 271(1995) ("However, triable issues of fact exist, inter alia, with respect to whether the plaintiffs failed to act diligently and in good faith in applying for the mortgage.").
Here, there are issues of fact regarding Defendants' good faith efforts to obtain mortgage financing in that the First Meridian Letter does not establish such compliance conclusively and as a matter of law. Defendants' motion for summary judgment is denied.
Wherefore, it is hereby,
ORDERED that Defendants' motion for summary judgment is denied. This constitutes the decision and order of the court. All other relief requested is denied.
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Ate at the Taberna Baska after our hotel recommended it to us for seafood, and something different. I don't know if the owners are Basque, but the place certainly seemed more distinctive than "basque" restaurants I've eaten at in the US. We had a good salad which came with unusual broiled oysters. My wife had the salmon special of the... More
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EBRD To Double Lending In Russia In 2006
http://gdb.rferl.org/592C7807-4AC7-402C-A559-ED5247329C64_w203.jpg --> http://gdb.rferl.org/592C7807-4AC7-402C-A559-ED5247329C64_mw800_mh600.jpg The EBRD has postponed a decision to fund the Sakhalin-2 gas project (in picture) due to political uncertainties over the role of Shell. (ITAR-TASS) October 13, 2006 -- The European Bank for Reconstruction and Development says it will double lending to Russia to $2.5 billion dollars this year.
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Charter Films, NEX Performance merging
MILTON, WIS. (Dec. 21, 4:15 p.m. ET) — Film extruders NEX Performance Films Inc. and Charter Films Inc. have merged and will now do business as Charter NEX Films. Charter NEX will be led by members of both companies' management. Charter NEX plans to invest in additional extrusion capacity in the near future to serve growing demand.
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