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*fn1,The opinion of the court was delivered by: Ruiz, Associate Judge,David Kissi, pro se.,DAVID KISSI, APPELLANT, v. HUGH G. HARDESTY, APPELLEE." />
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August 13, 2010 *fn1
DAVID KISSI, APPELLANT,v.HUGH G. HARDESTY, APPELLEE.
Appeal from the Superior Court of the District of Columbia (CA-6999-08) (Hon. Ronna L. Beck, Trial Judge) (Hon. Cheryl M. Long, Trial Judge).
Submitted June 9, 2010
Before RUIZ, FISHER, and THOMPSON, Associate Judges.
Appellant, David Kissi, challenges the Superior Court's grant of summary judgment dismissing his complaint for lack of personal jurisdiction over appellee. For the reasons that follow, we affirm.
I. Facts
Appellant, a District of Columbia resident, is proceeding pro se and was incarcerated in Lisbon, Ohio, during part of these proceedings. It is undisputed that on September 7, 2000, appellant's company, DK&R Company ("DK&R"), which is incorporated in Delaware, filed for bankruptcy in the United States Bankruptcy Court for the District of Maryland and that on September 23, 2003, two Maryland condominium units owned by DK&R were sold to Morgan Investments, L.L.C. ("Morgan Investments") as part of the bankruptcy proceedings. The condominium units are located in the Riggs Hill Condominium in Jessup, Maryland.
On September 27, 2008, appellant filed a complaint alleging that appellee, Hugh Hardesty, and the Riggs Hill Condominium Association converted his personal property at the Riggs Hill Condominium*fn2 in Maryland and filed a "false condo fee claim" against appellant. Appellant's complaint refers to appellee and Riggs Hill as a single "defendant" and states that they share the same address: "10630 Riggs Hill Rd., V&W, Jessup, MD 20794." The complaint asserts that the Superior Court "has jurisdiction because Plaintiff is a D.C. resident and also worked in D.C. prior to his incarceration. And members of the Riggs Hill Condo Association have D.C. ties. At least some do business in D.C. and have D.C. bank accounts."
Appellee filed a motion to dismiss asserting lack of subject matter and personal jurisdiction, statute of limitations bar, failure to state a claim, and failure to join necessary parties. In the motion, appellee states that he is "part-owner" of Morgan Investments, L.L.C., the entity that purchased appellant's Riggs Hill Condominium units from the bankruptcy trustee for DK&R.*fn3 Appellee also submitted an affidavit in which he asserts that he is a resident of Maryland, does not own property in the District, and that:
[He] work[s] for a corporation (which [he] own[s]) which is located in Maryland (not Washington, D.C.) and does business only infrequently in D.C. The contracting projects (for [his] business) which do occur from time to time in Washington, D.C. have absolutely nothing whatsoever to do with the Plaintiff in the above-captioned action, or his alleged personal property, or any alleged taking.
The affidavit also states that appellee is not an officer of the Riggs Hill Condominium Association.
Appellant filed an opposition to the motion to dismiss, requesting that the court "help [appellant] enforce Discovery and compel all the Defendants to respond to [appellant's] request for interrogatories so that [appellant] can demonstrate jurisdictional facts to prove this court is the proper forum." Appellant, however, did not file any interrogatories.
The trial judge (Judge Beck) denied appellee's motion without prejudice and gave appellant leave to reformulate and clarify his claims in an amended complaint. The Superior Court's order states, in relevant part:
The amended complaint shall set forth in greater detail the basis for Plaintiff's complaint and for this court's jurisdiction. For example, because there are multiple defendants, Plaintiff should not simply refer to actions by "Defendant" but instead should be clear about which Defendant did the specific actions set forth in his complaint. He also should describe where and when the activities about which he complains occurred. And he should describe with specificity why this court has personal jurisdiction over each of the Defendants, especially if the conduct about which Plaintiff complains occurred in Maryland. In addition Plaintiff shall set forth in the Complaint detailed information that will enable the court to assist with service of process on the Riggs Hill Condo Association.
(Emphasis added.)
Appellant subsequently filed an amended complaint claiming that, in addition to taking his personal property, the defendants "conspired to take" appellant's real property "without compensation." The amended complaint names nine additional defendants,*fn4 but does not clarify which defendant did the fraudulent actions alleged in the complaint or describe where and when the actions occurred. With regard to personal jurisdiction, the amended complaint states:
And if Hugh Hardesty, a Defendant, were to raise a Federal Rules of Civil Procedure (FRCVP) Rule 12(b) (1-7) jurisdictional issue that this claim doesn't belong in this courtroom, then this court should hold a FRCVP Rule 12(I) hearing to afford all the Defendants a chance to come to the court to contest whether this is the proper forum or not.
Thereafter, appellee filed a motion for summary judgment, with a supporting affidavit and other documentation, in which he renewed his challenge to the complaint based on lack of personal jurisdiction.*fn5 Appellant opposed the motion for summary judgment by filing an affidavit in which he asserted that members of Riggs Hill Condominium Association "do business in D.C., attend church, and have D.C. bank accounts and are also members of unions and trade organizations headquartered in D.C." There is no allegation in the affidavit that appellee, in his capacity as part owner of the entity that acquired the condominium units, is a member of the condominium association.
The trial judge (Judge Long) granted appellee's motion for summary judgment,*fn6 finding that appellant had failed to (1) clarify which defendants allegedly committed which actions, (2) present evidence to establish personal jurisdiction over the defendants, and (3) dispute that his claim was time-barred. Appellant's timely appeal followed.
II. Standard of Review for Summary Judgment
"Summary judgment is appropriate only when there are no material facts in issue and it is clear that the movant is entitled to judgment as a matter of law." Carter v. District of Columbia, 980 A.2d 1217, 1222 (D.C. 2009); see also Super. Ct. Civ. R. 56 (c). Courts "look to see if the moving party has met its burden of proving that no material fact remains in dispute, and... whether the party opposing the motion has offered 'competent evidence admissible at trial showing that there is a genuine issue as to a material fact.' " Hill v. White, 589 A.2d 918, 921 (D.C. 1991) (quoting Nader v. de Toledano, 408 A.2d 31, 48 (D.C. 1979)).
"This court must conduct an independent review of the record when reviewing a trial court's order granting summary judgment." Graff v. Malawer, 592 A.2d 1038, 1040 (D.C. 1991). "In so doing, we determine whether any relevant factual issues exist by examining and taking into account the pleadings, depositions, and admissions along with any affidavits on file, construing such material in the light most favorable to the party opposing the motion." Id. (internal citation omitted); see also Super. Ct. Civ. R. 56 (c).
III. Whether the Superior Court Has Personal Jurisdiction Over Appellee
A District of Columbia court may assert personal jurisdiction over a foreign defendant if jurisdiction is authorized by statute and the exercise of jurisdiction is consistent with the due process clause. See, e.g., Holder v. Haarmann & Reimer Corp., 779 A.2d 264, 269-71 (D.C. 2001). "The plaintiff bears the burden of proving that the court may establish personal jurisdiction over the defendant." Harris v. Omelon, 985 A.2d 1103, 1105 (D.C. 2009).
The District of Columbia's long-arm statute sets forth two requirements for personal jurisdiction over a foreign defendant: (1) the "defendant must have engaged" in one of the acts listed in section 13-423 (a); and (2) the "claim for relief [must] aris[e] from acts enumerated in the statute," per section 13-423 (b). Etchebarne-Bourdin v. Radice, 982 A.2d 752, 757 (D.C. 2009) (quotations omitted).*fn7
Here, appellant, a District of Columbia resident, claims injury resulting from appellee's alleged fraud and his conversion of appellant's real and personal property located in Maryland. The evidence of record is that appellee is a Maryland resident, does not own any D.C. property, and works for a Maryland corporation that he owns. While appellee admits in his affidavit that his Maryland company does projects "from time to time in Washington, D.C.," he asserts that his business activities in the District have "absolutely nothing whatsoever to do with the plaintiff in [this] action, or his alleged personal property, or any alleged taking." Appellant has not disputed appellee's factual assertions.
A. Subsections (a)(1) and (a)(2)
Appellee's admission that he does occasional business "projects" in the District does not justify the exercise of personal jurisdiction under subsections (a)(1) or (a)(2) of the District's long-arm statute because subsection (b) of the statute requires that appellant's claim for relief "aris[e] from" these jurisdictional activities. See Shoppers Food Warehouse v. Moreno, 746 A.2d 320, 335 (D.C. 2000) ("[F]or the Superior Court to have jurisdiction over [a plaintiff's] claim, the claim ha[s] to be related to or substantially connected with [the defendant's] activity in the District."). Appellant does not allege that his claims arise from or are related to appellee's business activities in the District. Nor has appellant contested appellee's assertion that his business activities in the District have "absolutely nothing whatsoever to do with [appellant]." Therefore, the facts of record do not justify the exercise of personal jurisdiction over appellee under either subsection (a)(1) or (a)(2) of the District's long-arm statute.
B. Subsection (a)(3)
Similarly, appellant's allegation that appellee fraudulently acquired his real property and converted his personal property -- all located in Maryland -- does not meet the requirements of subsection (a)(3), which allows the court to exercise personal jurisdiction over a foreign defendant who causes injury to a plaintiff in the District "by an act or omission in the District." See D.C. Code § 13-423 (a)(3) (2001).
C. Subsection (a)(4)
Subsection (a)(4) of the District's long-arm statute allows a court to exercise personal jurisdiction over a defendant who committed an act outside the District of Columbia that caused a "tortious injury in the District" if the defendant "regularly does or solicits business, engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed, or services rendered" in the District. D.C. Code § 13-423 (a)(4) (2001); see Etchebarne-Bourdin, 982 A.2d at 762-63 (holding that where plaintiff suffers injury in the District as a result of tortious conduct outside the forum, the required nexus is met and the in-forum conduct in the District required by statute is considered a "plus factor" and need not be related to the claim). Appellant's complaint alleges that appellee committed a tortious act outside of the District and the assertion in appellee's affidavit that his Maryland company undertakes projects in the District "from time to time" could be understood as "do[ing] business" in the District; we will assume so for present purposes. However, appellant's submissions do not contend that (much less explain how) the alleged conversion of his personal property and fraudulent taking of his real property in Maryland caused an injury in the District of Columbia. Appellant's bare assertion that he is a D.C. resident is not sufficient to establish that he suffered "tortious injury" in the District as a result of an alleged fraud or conversion that took place in Maryland. Without injury in the District, the Superior Court of the District of Columbia cannot exercise personal jurisdiction over appellee under subsection (a)(4). See Helmer v. Doletskaya, 364 U.S. App. D.C. 178, 186, 393 F.3d 201, 209 (2004) (finding no personal jurisdiction where the "original events that caused the alleged injury to [the plaintiff]... occurr[ed] outside the District of Columbia," but the plaintiff, a D.C. resident, failed to show that the resulting fraud also caused injury to him "in the District of Columbia").*fn8
Because appellant has failed either to assert necessary facts or to show that there is a disputed material fact relevant to personal jurisdiction under the District's long-arm statute, we conclude that summary judgment was properly granted.*fn9
D. Appellant's Discovery Requests
Appellant repeatedly requested discovery that might allow him to demonstrate that District of Columbia courts can exercise personal jurisdiction over appellee, and he appears to allege on appeal that the trial judge erred by not ordering such discovery. While this court has permitted reasonable discovery at the request of pro se plaintiffs whose claims face dismissal for lack of personal jurisdiction, at a minimum the plaintiff must allege some facts that would justify the exercise of jurisdiction. See Wilson v. Wilson, 785 A.2d 647, 650 (D.C. 2001) (granting relief where plaintiff's allegations "demonstrate[d] a sufficient nexus between [the defendant] and the District of Columbia to justify discovery on whether personal jurisdiction over [the defendant] would comport with basic fairness"). Here, other than saying he is a D.C. resident, appellant has not alleged a necessary fact -- injury suffered in the District of Columbia -- that is a prerequisite for the exercise of personal jurisdiction over appellee. Even though he asked for discovery, he did not in fact file interrogatories or request documents. Moreover, it is difficult to conceive why appellant would need discovery from appellee in order to put forth a prima facie case that appellant suffered injury in the District. We therefore find that the trial judge's failure to order discovery was not an abuse of discretion. See, e.g., Clampitt v. Am. Univ., 957 A.2d 23, 28 (D.C. 2008).
IV. Appellant's Status as a Pro Se Plaintiff
Finally, we note that appellant has repeatedly asserted, before this court and the Superior Court, that his claims should be "treat[ed] favorably" because he is a pro se litigant. It has long been recognized that pro se litigants can face considerable challenges in prosecuting their claims without legal assistance, see, e.g., Hudson v. Hardy, 134 U.S. App. D.C. 44, 47, 412 F.2d 1091, 1094 (1968),*fn10 and we are aware that appellant, in addition to representing himself, was incarcerated during some portion of these proceedings. In Hudson, the D.C. Circuit acknowledged that "the requirements of the summary judgment rule may not fairly be applied 'with strict literalness' to a prisoner unrepresented by counsel and subject to the 'handicaps... detention necessarily imposes upon a litigant.'" 134 U.S. App. D.C. at 47, 412 F.2d at 1094 (quoted in Macleod v. Georgetown Univ. Med. Ctr., 736 A.2d 977, 981 (D.C. 1999)); see also Padou v. District of Columbia, 998 A.2d 286, 292 (D.C. 2010) (noting that "we have followed the District of Columbia Circuit in requiring trial judges to exercise special care with a pro se litigant in special circumstances"). An incarcerated appellant "has neither the facilities nor has he had the opportunity to provide the documentary evidence that would have been necessary, by ordinary standards, to defeat appellees' motion for summary judgment." Hudson, 134 U.S. App. D.C. at 47, 412 F.2d at 1094. Therefore, before dismissing an appellant's claim under Rule 56 (b), "as a bare minimum" the trial court should provide the appellant "with fair notice of the requirements of the summary judgment rule." Id.
The record before us shows that appellant had a fair opportunity to present his claims to the court. Cf. Hudson, 134 U.S. App. D.C. at 47, 412 F.2d at 1094 (quoting Phillips v. United States Bd. of Parole, 122 U.S. App. D.C. 235, 238, 352 F.2d 711, 714 (1965)). The trial court gave appellant leave to plead a viable claim in an amended complaint and informed appellant that "he should describe with specificity why th[e] court has personal jurisdiction over each of the Defendants, especially if the conduct about which Plaintiff complains occurred in Maryland." Appellant did not include any further relevant information that established personal jurisdiction when he re-plead his claims. Moreover, when appellee opposed the amended complaint by filing a motion for summary judgment, appellant filed an opposition labeled, "A 28 U.S.C. § 1746 Affidavit in Contesting Hardesty's Affidavit Combined with Opposition to Defendant's 56 (a) Motion (Summary Judgment)." Appellant's opposition contains numerous attachments which, although irrelevant to the issue of the court's personal jurisdiction over appellee, do establish that he was apprised of the requirements of the summary judgment rule. Thus, this is not a case where a Rule 12 (b)(6) motion to dismiss was treated as a Rule 56 motion for summary judgment without notice to appellant, cf. Hudson, 134 U.S. App. D.C. at 46, 412 F.2d at 1093; Neal v. Kelly, 295 U.S. App. D.C. 350, 352, 963 F.2d 453, 455 (1992), or where summary judgment was granted after the plaintiff failed to respond to the opposing party's motion for summary judgment. Cf. Malik v. District of Columbia, 387 U.S. App. D.C. 420, 425, 574 F.3d 781, 786 (2009).
We think that the trial court showed proper consideration for appellant's lack of formal legal training and circumstances, and we reiterate that, "where a litigant is seeking a monetary award, we do not believe pro se status necessarily justifies special consideration... [and] he cannot generally be permitted to shift the burden of litigating his case to the courts...." MacLeod, 736 A.2d at 979 (quoting Dozier v. Ford Motor Co., 227 U.S. App. D.C. 1, 6, 702 F.2d 1189, 1194 (1983)).
The judgment of the Superior Court of the District of Columbia is hereby Affirmed.
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Books are reflective of where you are in your life and where you want to go.
V.25 No.20 | 05/19/2016
The Daily Word in politics, cultural appropriation and optical illusions
By Taylor Grabowsky [ Fri May 20 2016 4:18 PM ]
Can you feel the Bern, New Mexico?
Navajo Nation loses some ground against Urban Outfitters.
Way to take a thousand steps backwards, Oklahoma.
Surprise, surprise: NRA backs Trump.
V.25 No.20 | 5/19/2016
The Daily Word in Sinead O'Connor, Baseball and Burning Birth Certificates
By Desiree Garcia [ Mon May 16 2016 4:03 PM ]
Sinead O'Connor doesn't go missing.
When it doesn't work the first two times, I mean, it's obviously going to work the third time, right?
Take me out to the brrraaawl-game.
V.25 No.19 | 05/12/2016
The Daily Word in super humans, robot humans and synthetic humans
By Taylor Grabowsky [ Fri May 13 2016 4:31 PM ]
"A school must not treat a transgender student differently from the way it treats other students of the same gender identity." What a concept.
Native Americans face some of the highest rates of suicide, poverty and sexual assaults.
Pfizer drugs no longer allowed to be used in lethal injections.
Puerto Rican superhero? Yes, please.
What if your TA was a robot? Wonder no more.
Humans created with synthetic genome could become a reality.
What's up, Friday the 13th.
V.25 No.18 | 05/05/2016
The Daily Word in snake wine, wolf poaching and a feast for 5,000
By Renee Chavez [ Wed May 11 2016 12:30 PM ]
So, uh, stuff has happened in the past on this day.
Make sure to read the fine print in your most recent PNM bill.
Take a look at APD's new use of force policy.
Awwwoooo! Do you have a wolfie heart?
In NY, a feast for 5,000 people was made out of food that would have been thrown away.
New studies show that government culling of wolves increases poaching.
Is Earth really the only habitable planet?
Move over dudes. The salamanders don't need you anymore.
Rare seal pups need the ice that is melting.
Pro tip: Don't drink or make wine with tiger bones in it.
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)
November 22, 2011
IN RE D.R., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,v.D.R., DEFENDANT AND APPELLANT.
(Super. Ct. No. JV117746)
In re D.R.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
In June 2007, the minor D.R. was adjudged a ward of the juvenile court based on the finding he had committed misdemeanor vehicle theft (Veh. Code, § 10851, subd. (a)). The minor was continued as a ward of the court on seven separate occasions for possession of stolen property (Pen. Code, § 496, subd. (a)), three probation violations, felony possession of a firearm by a minor (Pen. Code, § 12101, subd. (a)(1)), attempted burglary (Pen. Code, §§ 664/459), unlawful intercourse with a minor (Pen. Code, § 261.5), and oral copulation with a minor (Pen. Code, § 288a, subd. (b)(1)).
In August 2010, the People filed a subsequent Welfare and Institutions Code section 602*fn1 petition alleging the minor committed assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). The People also filed a section 777 notice of motion regarding a probation violation, alleged the minor committed assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)), and battery (Pen. Code, § 242).
The minor admitted both allegations in the section 777 notice, and the juvenile court dismissed the subsequent section 602 petition in the interests of justice. The juvenile court committed the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF), for a term of two years. The minor was committed pursuant to a prior petition, sustained in May 2010, in which the minor admitted committing unlawful sexual intercourse with a minor (Pen. Code, § 261.5) and oral copulation of a minor (Pen. Code, § 288a, subd. (b)(1)), the latter offense of which the juvenile court found to be an offense described in section 707, subdivision (b).
The juvenile court amended the dispositional order nunc pro tunc, vacating the order that the minor register as a sex offender and the finding that Penal Code section 288a, subdivision (b)(1), was an offense described in section 707, subdivision (b).
On appeal, the minor contends his commitment to DJF must be reversed because his violation of Penal Code section 288a, subdivision (b)(1), did not render him eligible for commitment. We affirm.
We dispense with recitation of the underlying facts as they are unnecessary to the resolution of this appeal.
The minor was committed to DJF based on the sustained petition of May 2010, specifying Penal Code section 288a, subdivision (b)(1), as the DJF eligible offense.
Section 733 states that a minor is not eligible for commitment to DJF unless he or she has committed an offense listed in subdivision (b) of section 707, or in subdivision (c) of Penal Code section 290.008. (§ 733, subd. (c).) The minor's offenses are not among those listed in section 707, subdivision (b). (See § 707, subd. (b)(1)-(30).) Penal Code section 290.008, subdivision (a) states that a person who has been adjudicated a ward of the court because of the commission of an offense listed in subdivision (c) shall be required to register as a sex offender following his or her release from the Department of Corrections and Rehabilitation. Subdivision (c) lists the various offenses subject to sex offender registration, including Penal Code section 288a, subdivision (b)(1). (Pen. Code, § 290.008, subd. (c)(2).)
In 2006 the California Supreme Court held that the predecessor to Penal Code section 290.008, Penal Code section 290, violated equal protection by requiring juveniles who committed unlawful oral copulation (Pen. Code, § 288a, subdivision (b)(1)) to register as sex offenders while exempting from registration juveniles who committed unlawful intercourse with a minor (Pen. Code, § 261.5). (People v. Hofsheier (2006) 37 Cal.4th 1185, 1192-1193, 1206-1207 (Hofsheier).)
The minor argues Hofsheier and subsequent decisions applying its rationale to prevent registration under Penal Code section 290.008 (see In re J.P. (2009) 170 Cal.App.4th 1292, 1298-1299) preclude a finding that he is eligible for DJF commitment. He asserts the Legislature's intent in enacting section 733, subdivision (c) "is to include as DJF-eligible offenses only the specific class of sex offenses which legally require mandatory juvenile sex offender registration." Claiming the effect of the Hofsheier decision is to render Penal Code section 290.008's reference to Penal Code section 288a, subdivision (b)(1) "null and void," the minor concludes violations of this provision no longer render a minor eligible for DJF commitment.
The minor's contention is essentially a matter of statutory construction. He specifically disclaims any argument that DJF commitment for his offense violates the equal protection clause.
"It is well settled that the proper goal of statutory construction 'is to ascertain and effectuate legislative intent, giving the words of the statute their usual and ordinary meaning. When the statutory language is clear, we need go no further. If, however, the language supports more than one reasonable interpretation, we look to a variety of extrinsic aids, including the objects to be achieved, the evils to be remedied, legislative history, the statutory scheme of which the statute is a part, contemporaneous administrative construction, and questions of public policy. [Citation.]' [Citation.]" (People v. Ramirez (2009) 45 Cal.4th 980, 987.)
The minor's legislative intent argument founders on the timing of section 733. Section 733 was part of a package of legislation enacted in 2007, after Hofsheier was decided in 2006. (Stats. 2007, ch. 175, § 22.) Penal Code section 290.008 was part of a separate legislative package, also enacted in 2007, after Hofsheier. (Stats. 2007, ch. 579, § 16.) We presume the Legislature does not engage in idle acts or create superfluous provisions. (California Teachers Assn. v. Governing Bd. of Rialto Unified School Dist. (1997) 14 Cal.4th 627, 634.) Since the Legislature presumably knew about the Supreme Court's decision in Hofsheier but nonetheless included Penal Code section 288a, subdivision (b)(1), in Penal Code section 290.008, we conclude the Legislature intended to allow minors who violate Penal Code section 288a, subdivision (b)(1), to be placed in DJF.
The minor's other argument, that the Hofsheier decision "voids" the reference to Penal Code section 288a, subdivision (b)(1), in Penal Code section 290.008, misconstrues the effect of a statute being declared unconstitutional. A statute found unconstitutional is rendered unenforceable, but the finding does not erase the statute from the books. As our Supreme Court has stated, the argument that "a statute that has been labeled 'constitutionally invalid' is to be treated 'as though it had never been passed,' and hence as not susceptible to judicial reformation, Dombrowski v. Pfister [(1965)] 380 U.S. 479 [14 L.Ed.2d 22] and our own cases reject that view." (Kopp v. Fair Pol. Practices Com. (1995) 11 Cal.4th 607, 624.) If an unconstitutional statute remains on the books to be judicially reformed at a later date, then the Legislature also may rely on an unconstitutional statute for other purposes unrelated to its unconstitutionality.
Hofsheier simply prevented the enforcement of section 290.008's registration requirement, as applied to section 288a, subdivision (b)(1). The Supreme Court's decision did not prevent the Legislature from including section 288a, subdivision (b)(1), as one of the statutes listed in section 290.008 as eligible for DJF commitment. While section 733 refers to Penal Code section 290.008, it does not require the minor to register as a sex offender. Since the minor committed an offense listed in Penal Code section 290.008, subdivision (c), he was eligible for DJF commitment.
The order of the juvenile court is affirmed.
We concur: HULL , J. HOCH , J.
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|33 Avaliações
|Tipo de imóvel
|Estadia Mínima
|3 - 7 noites
Venha relaxar na tranquilidade da natureza neste única casa empoleirado na beira do pântano de sal no lado de trás do Wild Dunes. Dramático, arquitetura aberta, com varrendo vistas do pântano, olhando para o Dewees entrada. Tome café da manhã na varanda rockers, uma caminhada de 15 minutos para uma bela praia, quase desertas, fazer um passeio em torno da ilha em um de nossos 5 bicicletas, ou desfrutar de todo o golfe, ténis e natação que Wild Dunes tem para oferecer. Passe a tarde relaxar com um livro na rede ou em um dos assentos da janela confortáveis, ou tomar um copo de vinho para os roqueiros varanda e observar a tarde nuvens mover sobre o pântano. Quando a hora do jantar rola ao redor, criar o seu próprio LOWCOUNTRY em nossa cozinha totalmente equipada - ou aventurar-se para Charleston, Mount Pleasant ou ilha de Sullivan para um dos muitos restaurantes da área surpreendentes.
As características únicas desta casa incluem as 14 cadeiras de balanço, arquitetura pós-e-beam distintivo, cozinha gourmet, 3.000 sq. ft. piso plano aberto, elevador e 90 polegadas Mitsubishi projeção frontal HDTV (mas acima de tudo a vista!)
Perfeito para seis pessoas e vai trabalhar para oito (três quartos com camas queen-size, além de um "meio quarto 'extra com cama de casal de tamanho). Dois banheiros e uma grande sala de pó, além de chuveiro água quente ao ar livre. roupa de cama de alta qualidade. O quarto principal tem 32 polegadas Sony HDTV LCD e varanda privada com dois roqueiros. Acesso à Internet wireless de alta velocidade via modem a cabo sem nenhum custo.
Pisos de madeira por toda parte. Granito na cozinha e banheiros. Tetos de catedral no sotão e quarto principal. Cozinha totalmente equipada com dois fornos, Sub-Zero geladeira, livros de receitas, etc. alpendre tela com quatro roqueiros e sofá. Alpendre coberto com quatro roqueiros e jantar para para seis. Sala de estar com grande sofá e quatro rockers giratória, ideal para a visualização de pântano ou 90 polegadas HDTV de projeção frontal. Lavanderia com lavadora e secadora. Sports Card para o acesso ao Wild Dunes de fitness, golfe, natação e ténis (embora você pagar taxas de atividade).
Uma das características mais marcantes desta casa é a arquitetura. Desenhado por Peter Bohlin, destinatário do Instituto Americano de Arquitetos Medalha de Ouro 2010 e designer de loja da Apple na Quinta Avenida em Nova York, ele se sente espaçosa e expansiva, com ângulos dramáticos, golpeando características arquitetônicas - e enormes janelas que fazem você se sentir como se o seu está no meio da natureza, não olhando para ele. Fotos e palavras não fazem justiça - você apenas tem que experimentar!
locação semanal são aceitos em uma base domingo a domingo. Não é adequado para crianças com menos de oito anos de idade devido a abrir varandas, elevador, armários desbloqueados, etc. Nenhum animal de estimação, não há partidos, não fumar.
Palavras-chave: House, Marsh, Natureza, Isolado, Elevador
Seagrass Lane is perhaps the best location in Wild Dunes!
This home has privacy, and probably the most beautiful view of the marsh, that is available.
The view is great in the photo, however, it's a "wow" when you enter the home.
I found the home to be very clean, well stocked, and very relaxing for a group.
Our family enjoyed the central living space, that accommodates everyone to be together,
and the spacious porch.
The owners quickly respond to enquiries, and were most helpful.
We hope to return in the future.
The renting process was very smooth with the keys arriving 1 week prior. Detail instructions very helpful and accurate. The house is located at the back of Wild Dunes so you have a very quite and peaceful place to relax and WOW the views. We spent every morning and every evening into the night on that back porch. So very relaxing. The location and the views are the highlight of this vacation property!
The second floor features two bedrooms and a shared bath. The architecture of the home allows both bedrooms to open to the main floor which diminishes privacy on the second floor. The noise of the main floor (emptying the dishwasher or having the ball game on) seems to echo on the second floor so if you have teenagers that like to sleep in that might be an issue. We enjoy to cook and found the kitchen lacking of some essentials (platters, serving bowls, prep bowls, appetizer plates) but we understand that most people go on vacation not to cook! The towels are in need of upgrades. They are of a better quality but are faded. The couch had also seen it's better days. I know we rented at the end of a very busy season but all of the doors and door jams were in need of a very good clean. The bikes were functional to a minimum degree (the chain slips bad on one beach bike and the other one makes a clunking noise). There are two other bikes available (not for the beach) and one of them (white one) works beautifully but the blue one's gears are messing up. We also found it very inconvenient to take the trash to the dumpster the day you leave. I just don't understand why you can't leave it in the trash bins. Overall the property was a delight! We would rent again without taking the teenagers (that would elevate most of the problems we had with the property: Noise, cooking, bikes). Compare to most homes in this price point the house is very nice!
This house really was a great find for our family vacation.The owners was amazing to work with as well.We made some memories that will last a lifetime.It has plenty of space for two family's of four and peace,comfort and security while staying in the home.Thanks to the White's for opening there home to us....
This house really exceeded our expectations! It beautiful, comfortable and the views were amazing. I seldom rent the same house twice, but I would rent this house again.
Our family of 5, 2 adults and 3 children( ages 10-15), stayed here for a week after Christmas. The location is great, in the resort of Wild Dunes but about 25 minutes drive to Charleston.The house is spacious, clean, with lovely decor, the photos are accurate. It was very quiet at night and beds were comfortable.
We made use of the bikes provided and enjoyed the trails throughout the resort. We walked to the private beach a few times. One of the highlights of our trip was seeing some dolphins very close to the shore and my daughter finding a perfect sand dollar. We drove into the beautiful city of Charleston a few times and visited a plantation. We also enjoyed being close to Sullivan's Island for dinner at Salt and Poe's Tavern. We'd love to visit again when the weather is warmer to fully take advantage of the beach, the porches/deck around the house and the resort amenities.
The owners were easy to deal with and responded promptly to all inquiries.
We would highly recommend this property.
WOW!!! What a house!!! If you want quiet, gorgeous views (we even saw deer walking through the swamp at low tide),privacy and a phenomenal kitchen in which to prepare food.....this is the house for you! Beach access to an almost private beach is very convenient and provides one the ocean without the crowds! You would never believe you are in a crowded resort area; yet you have the ability to enjoy the resort amenities. It was for us the perfect balance of relaxation and activity. We are very sad that we are so far away!
Praia, caminhadas, golfe (2 Tom Fazio concebido cursos), Ténis (top resort de tênis 10), Marina, plantações e jardins, histórico de Charleston, South Carolina Aquarium, Fort Sumter, USS Yorktown
|Validade da Tarifa
|por noite
|Noite (fim de semana)
|por semana
|por mês
|Pacote ou Evento
nov 27 2016 - dez 22 2016
Estadia mínima: 3 noite(s)
dez 23 2016 - jan 2 2017
Estadia mínima: 4 noite(s)
jan 3 2017 - fev 25 2017
Estadia mínima: 3 noite(s)
Early Spring
fev 26 2017 - mar 18 2017
Estadia mínima: 3 noite(s)
Tarifa Básica
Estadia mínima: 7 noite(s)
We require a $500 security deposit which is due 30 days prior to the rental. Assuming no damage, it is refunded after the keys are returned.
Weekly rentals are from Sunday to Sunday. Minimum stay during the summer is one week.
Rates quoted include cleaning and are subject to change until the reservation is confirmed.
Long-term rates are available upon request.


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Liverpool flop Mario Balotelli has slammed former managers Brendan Rodgers and Jurgen Klopp.
The 26-year-old also believes that he could still win a Ballon d'Or, speaking before scoring twice during his debut for Nice on Sunday.
His goals helped the Ligue 1 side to defeat Marseille 3-2, and are one more than he scored in 20 Serie A games while on loan at AC Milan last season.The Italy international appears to blame his tough time at Anfield on the coaches he had at the club.
ALSO READ: Wawrinka Defeats Djokovic To Become Mens U.S Open Champion
'Apart from the fans, who were fantastic, and some players who I got on really well with, I didn't like the club,' the striker told Canal Plus.'I had two coaches, with Rodgers and Klopp for a short time, but neither their methods nor their personality left me with a good impression. I never really felt right there.'
He added on the possibility of a Ballon d'Or: 'Of course. It's not too late. I think I could have already won it by now, but by working hard in training I could still win it in the next two or three years.'
Balotelli hasn't scored over four goals in a season since the 2013-14 campaign.


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- Worldwide Rank #17,093,794
- Follower/Following Ratio 5.64
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Cumhur Koray Twitter Stats
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A Chat with Hairdo or Dye
What services does your business offer and what makes your business stand out from the competition?
Using top quality Redken hair color
What was the inspiration to start or run this business?
What do you love most about your job?
Making clients smile
What is the best reaction you've ever gotten from a customer?
The Best haircut and color I've ever had
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Hi Karla, sending "Happy Thoughts' your way and wish you well on Christmas Day. May your 2014 New Year be filled with Love, Laughter, Prosperity.
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on Dec 18, 2013 10:00 PM
* Thinking of You *
Stopping by to say 'Hello' on this special Father's Day. Just visited UR dad Paul & Brother Jeffrey, it has been a while since my last visit. Hope this finds you & yours doing well.
Have a great day Karla.
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on Jun 16, 2013 10:18 AM
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Bless you & yours on this joyous Xmas season with peace, good health and an abundance of joy & laughter. May the 2013 New Year bring you all that you wish for.
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on Dec 22, 2012 7:41 PM
Heather O
Hi Karla, I don't know if you have a facebook but my Mom said to look her up under Patty Banks O'Connor.She is alllways on! haha!-Heather
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on Jun 28, 2012 8:34 PM
Heather O
RE: Hi
Hello, I do remember you! My Mom is fine Thank you for asking.We are all doing well.I hope you are all doing well lso.Many blessings-Hether
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on Jun 28, 2012 8:27 PM
RE: PeeDoo
Hello Karla & I hope you had a terrific Xmas & will have a safe, fun & exciting 2012 New Year.
It has been my pleasure to visit PeeDoo. Memories keep flooding back of the very 1st dog I ever had, when I was around 5 or so. So sad that he was run over by a car & believe it or not, I still miss him.
Thanks for UR kind message & I always look forward in hearing from you. Take care & be happy.
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on Dec 28, 2011 6:56 AM
* Merry Christmas *
Wishing U every happiness on this joyous Xmas eve day, as we find time to reflect & rejoice in the true meaning of Christmas. May U have a great 2012 New Year, filled with LUV-LAUGHTER & an abundance of joy & prosperity.
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on Dec 24, 2011 3:11 PM
* PeeDoo Foster *
Hi there Karla, it was my pleasure to sponsor cutie-pie PeeDoo. I haven't been on Findagrave for a couple of months or E-Mails either. Just now getting caught up. I have been sending forwards to U lately, but I usually get a failure notice. I hope you're getting the good ones.
Have a good rest of the week and blessings to U & the family. xoxo & hugs.
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* My Sister DOT'S Memorial *
Hi Karla, what a pleasant surprise when I saw your tokens on my family's memorials today. Thanks for stopping by & nice to see you back.
My sister & brother were an important part of my up-bringing & I feel very close to them. They are partly responsible for my well-being & I miss them a lot. Blessed always.
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*Welcome Back To Findagrave*
Hello Karla, may everything be 'just right' in your corner of the World & don't fall off again. So nice hearing from you after such a long time.
Isn't it difficult being without a 'Puter'. When mine crashes I almost have a Panic Attack. What the world has came too, that technology has taken over our lives so much. But it definitely is better, than relying on a letter to be delivered.
It doesn't matter to me if I don't PERSONALLY know the people I leave flowers too. After reading their memorials I feel the closeness to that person & I leave something personal ~ just as if they are my family.
I have been connected to you for quite a while & that makes UR memorials close to me also. I don't do much E-Mailing anymore, but I do try to keep in touch with my FORWARDS cyberbuddies.
Keep in touch when U can. By the way ~ did you ever get a new Puppy?? May happiness, health & prosperity find it's way to you.
Talk attcha later, my friend, Ruth
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BROOKLYN - ? Police say they found a body floating in the water near the shore promenade in Bay Ridge on Wednesday morning.
Police say they pulled the badly decomposed body from the water and believe it to be a woman.
Police and the medical examiner are trying to piece together clues and determine the cause of death.


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"VIKTUALIENMARKT" Viktualienmarkt Tip by Helga67
Viktualienmarkt, Munich: 53 reviews and 96 photos
Viktualienmarkt is the city's main marketplace for the last two hundred years. Every day (except Sunday) you can buy delicious-looking fruit and vegetables, all kinds of cheeses, meats and other foodstuffs. Though not cheap, the quality is excellent. Right in the middle is a small beer garden.
Address: Victuals Market, Viktualienmarkt 3, 80331 M�nchen, Germany
Directions: South of Altes Rathaus and St. Peterskirche.
Phone: +49 89 89068205
Website: http://www.muenchen.de/rathaus/Stadtverwaltung/Kommunalreferat/markthallen/viktualienmarkt.html
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.NET HTTP Live Streaming Server
This project received 3 bids from talented freelancers with an average bid price of $501 USD.Get free quotes for a project like this
Project BudgetN/A
Total Bids3
Project Description
I need to stream video to both Android and iOS devices. I have read the best way to do this is using HTTP Live Streaming (HLS) which is supported by both browsers. This is for a windows .NET program that I need written to stream the video from a webcam. Audio included would be a bonus. So since it is streaming from the webcam the app needs to allow be to select from twain usb webcams connected to the computer. I will need to know the URL to this also when it is run. Right now I use an http server control and pass images which is slow and not streaming. So I need a solution of my own to do this. I do not want to use any outside controls unless you check with me first. It can be written in either [url removed, login to view] or C# .NET.
The streaming video will need to play in both Android and iPhone web browsers. I will need to know how to play this in the browser. I hope to just call a URL that connects to this program to view the streaming video. I already have both android and ipad device to test with. If there are any special limitations on how to play the video I will need to know them ahead of time. Otherwise I assume it will play straight in the browsers for both devices.
I do not need any fancy interface - I will be changing that myself. If this uses a port I would like to be able to change the port in a textbox before running. I need a way in the app to turn on and off the server.
Please let me know what you can do for me on this including the language you will use, length of time to completion and any other information you have. I also need to know your quote - one flat price for the project. If you have a demo to show that is compiled of this working that I can try out then you will get selected much faster.
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Lobby Exterior
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Why UK Hospitals Have Higher Death Rates On The Weekends
New findings suggest the death rates at hospitals in the United Kingdom increase over the weekend because fewer but sicker patients are admitted.By Melissa Prax | May 6, 2016
Patients admitted to the hospital on weekends in the U.K. suffer higher death rates than patients admitted on weekdays. But stick with us — there's a reason for that.
Researchers from Manchester University and York University wanted to find out if the higher death rates on weekends had anything to do with staffing numbers.
The study said while fewer patients are admitted in the emergency room on weekends, the people admitted are often sicker, which might explain a higher death rate.


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Total Time
Prep 4 mins
Cook 30 mins
Serve with warm tortillas and flaming hot salsa.
Ingredients Nutrition
- 8 eggs
- 2 tablespoons unsalted butter
- 1⁄4 white onion, diced
- 2 garlic cloves, minced
- 2 tablespoons salsa fresca
- 3⁄4 cup Fritos corn chips, crushed
- 1⁄2 cup cilantro, chopped
- 3⁄4 cup cheddar cheese, Italian blend or 3⁄4 cup other cheese, grated
- 1⁄2 lb skirt steak
- vegetable oil
- salt and pepper
- hot sauce
- Heat a cast iron skillet to high, coat lightly with oil.
- Season skirt steak liberally with salt and pepper.
- Saute about 2-3 minutes per side until rare - medium rare.
- Remove from pan and let rest on a cutting board.
- In a nonstick skillet, heat butter and saute onion and garlic until soft.
- While cooking onions cut meat very very thinly accross the grain into bite sized pieces.
- Add eggs to onion mixture and whisk continuously until almost completely cooked.
- Quickly fold in salsa, 3/4 of the cheese, Fritos and cilantro.
- Season with salt and pepper.
- Once heated through, put on plates, top with remaining cheese and reserved skirt steak.
- Serve with hot sauce or additional salsa.
Most Helpful
how did I forget to rate this? I tried this recipe shortly after Riff posted it, and it is wonderful. We love it with a dollop of guacamole and salsa, and hot buttered tortillas. And the Fritos are a MUST.....don't try to use other chips....it's just not as good.
Yum! Yum! Yum! I was starving when I came home for lunch and decided that this was just the thing for me to whip up. I downsized the recipe for only 1 serving and used 2 eggs. I fried a corn tortilla in the butter until browned and crispy before adding the onions and other ingredients. I also omitted the steak and topped this with guacamole and Canned Basic Salsa. The fresh cilantro adds an earthiness and the crunch of the crushed Fritos is great. I can imagine this as a great breakfast after a night out. ;) Thanks for posting.


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According to preliminary figures released yesterday by A.C. Nielsen, Curse of Oak Island brought in more than 2.6 million live plus same day viewers, while Search for the Lost Giants squandered nearly 40 percent of its lead in, bagging just under 1.6 million live plus same day viewers, fewer than the 8 PM rerun of Curse of Oak Island.
The new series' performance was so far below expectations that History chose not to mention the show in bragging about its Tuesday night ratings performance in a press release.
Among Search viewers, just 500,000 were in the coveted adults 18-49 bracket, meaning that two thirds of the program's viewers were over the age of 50 or under 18. (Very few are likely to be under 18.) By contrast, 1.1 million adults 18-49 watched Curse, an increase of 24% over last year.
Viewership for Search, and its stars, Jim and Bill Vieira, may have been impacted by History's decision to air the pilot episode opposite election night coverage, but since Curse actually gained 4% over its season one premiere while airing on the same night opposite the same coverage, this seems unlikely.
This hasn't stopped the media from using Search for the Lost Giants as an excuse to give conspiracy theorists free reign to rant about Smithsonian conspiracies and lost giants. The Huffington Post, for example, had the Vieiras on their webcast to discuss giants. But far worse: On the community blogs for South Milwaukee Now, Kristan T. Harris, a 2012 Republican platform committee member and libertarian activist, used the show as an excuse to rant about how the government is trying to suppress the truth about Bible giants—under the heading of "The Critical Thinker!" Apparently Harris has been publishing a series of articles on old newspaper accounts of giants on the community blog of South Milwaukee Now, and these attracted the attention of Search's Jim Vieira.
Harris praises Scott Wolter as a "trailblazer" and also delivers this masterpiece of journalistic research in condemning the Smithsonian for not endorsing Harris's belief in Bible giants:
The Smithsonian Institute seems to be a recurring theme in recent controversial discoveries. So why the "Giant Cover Up"? Federal whistle-blower Stew Webb claimed on The Rundown Live that fraternity and secret society Skull & Bones holds all the powerful positions of influence in the Smithsonian. He was married to one of the "Bushes".
If true, make it known that the Skull & Bones organization is a branch of the Illuminati, set into motion by one Adam Weishaupt, who was funded by House of Rothschild as published by Myron C. Fagan in his 1967 manuscript, "The Illuminati and the Council on Foreign Relations".
I am dumbfounded that Harris can be a libertarian and a member of the GOP platform committee and still think that the government is run by evil Jews and their secret Illuminati bloodline henchmen. So why does Harris work for them?
After watching the quest for giants descend into anti-Semitism, I think we need a bit of a palate cleanser to finish up today.
Usually when celebrities opine on their love of Ancient Aliens they say something really stupid about how deeply they believe everything Giorgio Tsoukalos says, like Megan Fox and Katy Perry have done. Fortunately, Daniel Radcliffe seems to live up to his Gothic near-namesake Ann Radcliffe by finding a skeptical explanation for the supreme silliness of Ancient Aliens, as he told People magazine last week:
I went through a heavy Ancient Aliens phase. It's so silly but brilliant. I was like, "How are they going to distort history to involve aliens in this one?" I feel like it has become the template for all other crazy History Channel shows.


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In Minnesota, the usual suspects continue to carry the Viking ship. Adrian Peterson's 372 rushing yards lead the league, Mike Zimmer's defense is holding teams to less than 20 points per game, and Anthony Barr is making spectacular plays on a weekly basis, both against the run and in coverage.
On Thursday, the Vikings Territory staff will answer Lindsey's Question of the Week and share our pick for the team's most impressive player through the first four games of the season. A few obvious choices — Peterson, Barr, Harrison Smith — stand out, while a number of newcomers like Linval Joseph and Terence Newman could potentially make the list.
Today, I want to ask fans a similar question. As spectators, we expect greatness from the Vikings' best players. It's a given that Peterson can score whenever he touches the ball, or, that Xavier Rhodes will likely shut down an opponent's number one receiver. But which players have exceeded expectations at the quarter mark of the season, and who is surprising you with their play?


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Moonfleet Cars Ltd, SwanageValley Road. Harmans Cross. Swanage. BH19 3DZ
Moonfleet Cars Ltd - MOT Test Centre.At motoring.co.uk, you can find all the information you require, including a selection of reviews and user experiences, on Moonfleet Cars Ltd based in Swanage.
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SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 15, 2012
DEREK PAYNE, PLAINTIFF-RESPONDENT,v.BUFFALO GENERAL HOSPITAL, STANLEY H. KIM, M.D., VINOD R. PATEL, M.D., HEIDI NARINS SUFFOLETTO, M.D., MEI YIM WONG, M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT. (APPEAL NO. 1.)
Appeals from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered December 21, 2010 in a medical malpractice action.
Decided on June 15, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
The order granted the oral application of plaintiff to compel defendants to accept his untimely medical expert affirmation.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this medical malpractice action seeking damages for injuries he sustained after suffering a stroke while under defendants' care. Defendants-appellants (defendants) moved for summary judgment dismissing the complaint against them, and plaintiff made an oral application to compel defendants to accept the untimely affirmation of his medical expert submitted in opposition to defendants' motions. In appeal No. 1, defendants appeal from an order granting plaintiff's application and, in appeal No. 2, they appeal from an order denying their motions for summary judgment dismissing the complaint against them.
With respect to appeal No. 1, we reject defendants' contention that Supreme Court erred in granting plaintiff's application and in thus considering plaintiff's untimely expert affirmation. "While a court can in its discretion accept late papers, CPLR 2214 and [CPLR] 2004 mandate that the delinquent party offer a valid excuse for the delay . . . Additional factors relevant when essentially extending the return day by accepting late papers include, among others, the length of the delay and any prejudice" (Mallards Dairy, LLC v E & M Engrs. & Surveyors, P.C., 71 AD3d 1415, 1416 [internal quotation marks omitted]; see generally Foitl v G.A.F. Corp., 64 NY2d 911, 912-913). Plaintiff's attorney offered a valid excuse for the delay (see Mallards Dairy, LLC, 71 AD3d at 1416; Associates First Capital v Crabill, 51 AD3d 1186, 1188, lv denied 11 NY3d 702; cf. Gagnon v St. Joseph's Hosp., 90 AD3d 1605, 1607), the delay of only several days was minimal (see Associates First Capital, 51 AD3d at 1188), and "any prejudice was alleviated when defendant[s were] permitted to submit . . . reply affidavit[s] in response to plaintiff's late submission" (Mallards Dairy, LLC, 71 AD3d at 1416).
With respect to appeal No. 2, we conclude that the court properly denied defendants' motions for summary judgment dismissing the complaint against them. At the outset, we reject the contention of defendants that plaintiff's expert failed to offer an adequate foundation for his qualifications in neurosurgery and emergency medicine. It is well recognized that a plaintiff's expert need not have practiced in the same specialty as the defendants (see Diel v Bryan, 57 AD3d 1493, 1494). The record includes the redacted affirmation of plaintiff's expert stating that the expert was a physician duly admitted to practice in New York, had been licensed and had practiced for over 20 years, had a specialty in neurology, and had practiced in emergency room settings in hospitals in Western New York. We conclude that the expert's affirmation was sufficient to demonstrate that the expert has "the requisite skill, training, education, knowledge or experience from which it can be assumed that [the expert's] opinion rendered [on the issues of negligence and proximate cause] is reliable" (Bickom v Bierwagen, 48 AD3d 1247, 1248 [internal quotation marks omitted]; see Chipley v Stephenson, 72 AD3d 1548, 1549; cf. Behar v Coren, 21 AD3d 1045, 1047, lv denied 6 NY3d 705).
Although we conclude that defendants Buffalo General Hospital, Heidi Narins Suffoletto, M.D. and Mei Yim Wong, M.D. met their initial burden on their motion of establishing their entitlement to judgment as a matter of law, we conclude that the affirmation of plaintiff's expert submitted in opposition to the motion of those defendants raised triable issues of fact sufficient to defeat the motion (see generally Zuckerman v City of New York, 49 NY2d 557, 562). With respect to the motion of defendants Stanley H. Kim, M.D. and Vinod R. Patel, M.D., we note that, as defendants in a medical malpractice case moving for summary judgment dismissing the complaint against them, they had " the initial burden of establishing the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby' " (Gagnon, 90 AD3d at 1605). The expert affidavits submitted by those defendants in support of their motion " fail[ed] to address each of the specific factual claims of negligence raised in plaintiff's bill of particulars, [and thus] th[ose] affidavit[s are] insufficient to support a motion for summary judgment as a matter of law' " (id.; see Humphrey v Gardner, 81 AD3d 1257, 1258).
Entered: June 15, 2012
Frances E. Cafarell Clerk of the Court
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Assistant Manager / Manager - Business Development ( 0 - 4 yrs)
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-Graduate / Mba (Marketing/International Business ) With 0 - 4 Years Of Corporate Sales Experience -Excellent Communication Skills -Ability To Engage And Influence Cxos -Excellent Relationship Management/Building Skills -Knowledge Of Rati...
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Assistant Sales Manager ( 1 - 2 yrs)
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The Assistant Sales Manager has to carry out all admin duties as required by the Director of Sales such as filing, typing or handling calls. His/her aim is to attain a business volume as high as possible and to heighten the sales. In order to combin...
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Key Skills : assistant sales manager,area sales manager,sales manager,sales


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WooCommerce Name Your Price – Allow user defined prices for WooCommerce products.
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- Yield
- 4 filets
- Active Time
- 15 minutes
- Total Time
- 25 minutes
- 4 cup(s) baby spinach
- 4 (6-oz) tilapia fillets
- 8 ounce(s) thin asparagus, cut into 2-in. pieces
- 4 teaspoon(s) capers
- 1 small shallot, finely chopped
- 2 teaspoon(s) fresh thyme leaves
- 8 teaspoon(s) olive oil Kosher salt and pepper
- 1 lemon, thinly sliced into 12 rounds
- Heat oven to 425ºF. Tear off four 12-in. squares of parchment paper or foil and arrange on 2 baking sheets. Divide the spinach between the squares and place the fish on top. Top the fish with the asparagus, capers, shallot and thyme on top. Drizzle with the olive oil and season each with 1/4 tsp salt and 1/8 tsp pepper, then top with the lemon slices. Top each fillet with another square of parchment or foil. Fold each edge up and over 3 times. Then fold each corner of the packet under itself to create a seal that will remain intact while packet is in the oven. Bake for 15 minutes. Transfer each packet to a plate. Just before serving, use a paring knife or scissors to cut an X in the center of the parchment. Fold back the triangles (be careful of the steam), gently tearing open the paper.
Nutritional Info
- Calories132
- Carbohydrates5 g(2%)
- Fat2 g(3%)
- Protein25 g(50%)
- Saturated Fat1 g(5%)
- Sodium2667 mg(111%)
- Polyunsaturated Fat0 g
- Fiber2 g(8%)
- Monounsaturated Fat0 g
- Cholesterol55 mg(18%)


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7th Cavalry Dry Goods Bob's Bowling Shirt
This customized vintage bowling shirt features a handcrafted ceramic button, bowling champ patches on the sleeves, and chain stitched with "Bob" on the chest. Pre-laundered and one of a kind.
Tag reads: 15- M -15.5
BEST FIT: Men's M
First introduced in 2014, 7th Cavalry Dry Goods is a line of hand selected vintage and military garments that have been revitalized and customized by Stonewear Button Co. in Los Angeles, CA. Through various techniques including handcrafted ceramic button replacements, Artist and Creative Director Tanner Trowbridge brings these pieces back to life. This process enables 7th Cavalry Dry Goods to repurpose otherwise forgotten clothing, preserve materials and become a catalyst for slow fashion. Every piece is truly one of a kind.


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ooo South Siskiwit Shores, Cornucopia WI 54827 $85,000
Features of ooo South Siskiwit Shores Cornucopia WI 54827
- Lots for Sale
- Status: Active
- Est. Acreage: 2
- Est. Acreage: >= 1, >= 1/2
- Subdivision: Siskiwit Shores
- School District: South Shore
- Body of Water: Siskiwit Lake
- County: Bayfield
- Property Taxes: $1,289
- Property Tax Year: 2015
- Listing Company: Apostle Islands Realty Inc
- Listing Agent: Pamela Bennett
Property Description for ooo South Siskiwit Shores Cornucopia WI 54827
ooo South Siskiwit Shores Cornucopia WI 54827 - Beautiful Lake Shore Parcel Tucked In On The South Shore Of Siskiwit Lake Located 5 Miles South Of Cornucopia. Siskiwit Lake Known For Its Excellent Pan Fishing And Serene Waters...a Peaceful Place Indeed! Priced To Sell...
Interior Features
- Water Waste: No Water Presently, None
Building and Construction
- Construction Type: E
Land Features
- Topography: Level, Wooded
- Zoning: Residential
- Waterfront/Access: N
|MLS Number
|New Status
|Previous Status
|Activity Date
|New List Price
|Previous List Price
|Sold Price
|Feb 12 2016 6:05AM
Estimated Monthly Payment
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Community Homes Near ooo South Siskiwit Shores
Buyer understands that the information which is contained on Data pages is obtained from a number of different sources and which has not been independently verified or confirmed by the various real estate brokers and agents who have been and are involved in this transaction. If any particular measurement or data element is important or material to buyer, Buyer assumes all responsibility and liability to research, verify and confirm said data element and measurement. REALTOR *MLS* Equal Housing Opportunity


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Ephraim (4Kids Entertainment version)
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Ephraim (4Kids Entertainment version) is a fan-fiction TV Show created by Pikachufreak.
- The show resolves on Ephraim (from The Grass Route) the main character. His buddy is Skippy (a Skiploom), his girlfriend is Sakura (from Trouble's Brewing and Espeon, Not Included), his best friend is Satchel (from You're A Star, Larvitar), his older brother is Brad Van Dran (from The Screen Actor's Guilt), his mother is Andrea (from The Corsola Caper) and Satchel's girlfriend is Callie Singer (from Callie For President). The series premiered on September 14, 2002 and is currently in its 10th Season.
- Ephraim
- Skippy
- Sakura
- Satchel
- Brad Van Darn
- Andrea
- Callie Singer


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Pistou of Spring Vegetables
|To Taste
|1⁄2 Pound, trimmed
|Fava beans
|1 1⁄2 Pound, blanched
|1 Cup (16 tbs), blanched
|1⁄4 Cup (4 tbs), chopped
|Flat leaf parsley
|1 Teaspoon
|Basil leaves
|3 Cup (48 tbs), blanched
|Extra virgin olive oil
|1 Cup (16 tbs)
|1 Large, minced
|Vegetable stock
|2 Cup (32 tbs)
|Ground pepper
|To Taste
|Mint leaves/Basil
|1 Teaspoon, thinly sliced (for garnish)
|Creme fraiche
|1 Tablespoon
In a bowl, combine the asparagus, fava beans, peas and chopped herbs. Transfer half of the vegetable mixture to a blender and add the basil. Slowly add the 1 cup olive oil, pureeing until the mixture is smooth. Reserve the remaining vegetables.
In a large pot over medium heat, warm the 2 Tbs. oil. Add the shallot and cook until translucent, 2 to 3 minutes. Add the reserved vegetables, the pureed vegetables and enough stock to reach the desired consistency. Heat the soup, stirring occasionally, until warm, about 10 minutes. Season with salt and pepper.
Ladle the soup into warmed bowls and garnish with mint and crème fraîche. Serves 8.
Adapted from a recipe by Dan Barber, chef of Blue Hill at Stone Barns, Pocantico Hills, NY.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size
Calories 571 Calories from Fat 264
% Daily Value*
Total Fat 29 g44%
Saturated Fat 2.2 g10.8%
Trans Fat 0 g
Cholesterol 0 mg
Sodium 177.8 mg7.4%
Total Carbohydrates 55 g18.3%
Dietary Fiber 23.5 g93.9%
Sugars 6.4 g
Protein 24 g48.8%
Vitamin A 22.2% Vitamin C 22.6%
Calcium 12.1% Iron 39.2%
*Based on a 2000 Calorie diet