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Looking to own your dessert store in California?
One of the most unique ice cream flavor.
An independent ice cream parlor for sale.
At the lowest market price ever.
Do no miss this great offer seller has to offer.
Family owned for almost three years.
Business was built with love & passion.
Unique ice cream concept in town.
Profitable family business opportunity.
Fantastic location in a premier shopping mall.
Premier theater is in the mall.
Thousands of movie goings visiting the store every weekend.
Upmarket fancy steakhouse & bistros in the same mall.
Unlimited shopping experience with the new portion opens in 2015.
Thousands of offices units across the street.
Hotel is also across the street from this mall.
All equipment & fixture is included in this sale.
Seller spent a lot of money to open the store.
Top cabin equipment installed.
Shop is totally custom built out to cater ice cream lover.
All equipment is top of the line - the best.
Stainless steel mixer, machines, fridge great condition.
High tech security system installed in store.
Sophisticated website also included in this sale.
Must sell.
Financials (USD)
Asking Price $49,995
Sales Less than $100,000
Profit $33,500
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68 CSU student-athletes set to receive diplomas
List includes all 16 sports, 6 colleges
Swimming & diving recap: Rams finish 10th at Mountain West Championships
Despite finish, several individuals shine in four-day event
Swimming & diving preview: Rams look for redemption at Mountain West Championships
CSU expects to carry strong dual-meet season into Championships
Swimming & diving recap: Rams race past Falcons to post 2nd-consecutive winning season
CSU enters Mountain West Championships on 2-meet winning streak
Swimming & diving recap: Milone breaks school record in dominant win over Northern Colorado
Seniors come up big in final home meet
CSU swimming & diving vs. Northern Colorado
The Rams hosted their final meet of the 2014-15 season, beating the Bears and recognizing their five seniors. Photos by Dan Byers.
2013-14 (JUNIOR): Competed in the backstroke events, earning the team's third-fastest time of the season in the 200 Backstroke (2:03.81) and the fourth-best in the 100 Backstroke (57.89)... At the 2014 Mountain West Championships, finished 19th in the 200 Backstroke, 19th in the 100 Backstroke and 35th in the 100 Butterfly.
2012-13 (SOPHOMORE): Was one of the fastest backstrokers of the season for CSU... At the 2013 Mountain West Championships, she exceeded expectations in the 100 and 200 Backstroke, earning a lifetime-best time in the 200 Backstroke (2:00.24)... The time earned a 14th-place finish at the Championships and was the second-fastest of the season by a Ram, only trailing MW-record-holder Breann Fuller... Set a lifetime best in the 100 Backstroke (56.31), placing 18th at the Championships.
2011-12 (FRESHMAN): Held the Rams' third-fastest time of the season in the 100 (58.40) and 200 Backstroke events (2:05.47)... Both times were set at the 2012 Mountain West Championships.
HIGH SCHOOL: Is a 2011 graduate of A.J. Dimond High School in Anchorage, Alaska... Earned letters all four years of high school... Was a captain during her senior season... As a sophomore, was part of a school-record time in the 200 Medley Relay (1:48.97)... Earned her team's Most Valuable and Most Inspirational awards as a sophomore in 2009-10... Also participated with the Northern Lights Swim Club.
PERSONAL: Born in Anchorage, Alaska... Daughter of Mike and Karen Hawkins...Has two younger sisters, Megan and Makenzie...Majoring in biological science.
Download Schedules: Add to calendar
- Tickets
More Headlines
Nearly 80 CSU student-athletes take part in...
Students who participate in athletics at Colorado State University took part in the second annual...
Recap: CSU tops Idaho at home, 180-118
FORT COLLINS, Colo. – The Colorado State Rams defeated the Idaho Vandals at Moby Pool on...
Meet notes: CSU returns to Moby Pool to host...
The Colorado State Rams swimming & diving team will host the Idaho Vandals on Friday at 5 p.m. at...
Williams named MW Diver of the Week
COLORADO SPRINGS, Colo. – Senior diver Emily Williams was named Mountain West Diver of the ...
Recap: CSU swim & dive loses at Denver
DENVER - The Colorado State swimming & diving squad fell in its first road meet of the season at ...
Meet notes: CSU to visit Denver Saturday
The Colorado State Rams swimming & diving squad will visit Denver for its second dual meet of the...
Recap: CSU dominates in season-opening win over...
FORT COLLINS, Colo. – The Colorado State Rams swimming & diving squad got its 2016-17...
Meet notes: CSU to open 2016-17 against Omaha
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text:
Wastewater Treatment Agent Ferrous Sulphate - Chinaprice: contact company for price
Ferrous Sulfate, called black alum or green alum, is an
inorganic compound whose chemical formula is FeSO4. It is a
kind of aqua green or turquoise crystal. It is used as a
common flocculant agent in wastewater treatment. It can
remove most of the suspended substances and COD in
wastewater. Decolorizing ferrous sulphate anhydride is white
powder. If it meets water, it will become blue-green.
1. Reducing agents: It can restore the Cr6+ into Cr3+
instead of the expensive Sodium Sulfite, Sodium Bisulfite
and Sulfur Dioxide. It is cheaper and won't produce toxic
carcinogenic substance.
2. Flocculant agent: It is mostly used as a flocculation
agent, which has a lot advantage, such as fast sedimentation
speed, large sludge granules and good decoloring. It is
especially proper for textile wastewater treatment. As a
flocculant, it can be used instead of PAC, Basic Aluminum
Chloride , Polymerization Iron, Aluminum Sulfate and Ferric
Chloride, etc.
3. Precipitating agent: It can remove sulphides and
phosphates in wastewater.
4. It can adjust PH Value of alkaline water and it has
antiseptic effect.
5. Biological nutrients: it can improve the activity of
microbes in the system so that it can increase the
efficiency and stability of the system.
Package & Storage
1. Stored in a cool and ventilated warehouse.
2. Avoid solarization and rain
3. Toxics shouldn't be stored together with ferrous
Rescue Measure
Skin Exposure: Take the dirty clothing off and wash the skin
where is polluted.
Eye contact: Wash the eyes with flowing water or saline.
Inhalation: Leave for a place with fresh air. Provide oxygen
therapy if it is needed.
Ingestion: Rinse the mouth or drink milk and egg white.
Company Contact:
- Phone: 008613938586985
- Address: Nanhuan Road, Zhitian Town, Gongyi, Zhengzhou, Hen, zhengzhou, China
- Email:
- Website: http://www.songquanwater.com
Published date: December 29, 2013 -
- Business Description: Established in 1986, Henan Songshan Water Purifying Materials Co. Ltd is located in Gongyi, a place of Chinese purifier hometown in Henan province. Specialized in R&D, production and sales of water treatment agent, Songshan Company is a corporate enterprise that is engaged in R&D, application of domestic drinking water, industrial wastewater and sludge treatment technology.
For more than 20 years, Songshan company has been adhering to a policy Science and Development. In 2002, the company passed ISO9001 International Quality Management System certification. The enterprise and its product are awarded many honors by government, such as Honest Enterprise, Quality Brand, and Famous Brand in Gongyi and so on.
Quality First, Customer Utmostis the enterprise s principle. Based on the advanced production technology learnt from global companies, Songshan has been developing its technology and its production scale. At present, it has a decent annual production including 20,000T PAC, 20,000T PAFC, 30,000T PFS and 10,000T other water treatment agents. All of its product have achieved industrial and national standard and all indicators are of advanced level in domestic market of same product. Its products have a reliable performance so that they are applied by many Chinese companies. Besides, they are exported to many countries and regions including Latin America, Southeast Asia, Middle East and North Africa. What s more, the products are favored by the users.
Relying on local rich resources, convenient transportation, advanced technology, excellent product quality, perfect after sales service and sound prestige, Songshan will take all its efforts to establish long term friendship with old and new clients in order to promote the enterprise s development.
Welcome to our company.
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We've set your shipping destination to:
Prices vary based on delivery destination (it's a tax thing), so please change it if you're not shipping within United States as it might affect the price! (Why?)
If you are looking for the perfect gift for an acquaintance, or simply a great libation to ponder over, we have a superb selection; different regions, different styles and different ages, we have a whisky for every palate. We offer a great range of 40 year old whiskies. These are very well aged, and thus extremely rare. These are in limited supply and offer an outstanding amount of oaken maturity and complexity. These are collector's items. We have 40 year old Scotch whiskies. These are spirits with a massively broad flavour profile. It is surprising just how much variation there can in one country. If you're still undecided, then why not get in touch with us. We would be more than happy to point you in the right direction, we have a team of whisky zealots at the ready to recommend the perfect whisky for any occasion.
A very well aged blended whisky, this Glen Calder from Gordon and MacPhail was distilled in 1949, the birth year of George Foreman. More info
An extremely rare, limited edition 40 year old whisky from Glenglassaugh. This is truly a stunning single malt, bottled in February 2009 at cask strength, with a limited outturn of just 225 bottles,… More info
From Duncan Taylor's Legendary Peerless range, this 40 year old Glenlivet was distilled in 1970, and bttled at cask strength. Everything from the Peerless range is super-aged in either bourbon,… More info
From the stonkingly good Peerless range, this Tamdhu was aged for a whopping 40 years in cask 4103. It was bottled at cask strength (which was 40%, a complete coincidence - this hasn't been diluted!)… More info
A beautiful natural cask strength Glenrothes, aged for a whopping 40 years, this was bottled for Duncan Taylor's prestigious Lonach range. Very good indeed, and utterly astonishing value for money. More info
A single cask, 33 year old, cask strength Bunnahabhain distilled in 1976. Bottled for Murray McDavid's Mission range. Fantastic whisky, aged in fino sherry casks! More info
Black Bull 40 is a big bodied blend from Duncan Taylor. Contained in the blend are whiskies of around 40 to 44 years of age from Bunnahabhain, Glenlivet, Glenfarclas, Highland Park, Miltonduff,… More info
Part of a very limited release of just 600 bottles, a rare 40 year old from the Glenfiddich distillery. More info
A staggeringly rich 40 year old Bunnahabhain, bottled by Duncan Taylor for their Lonach range. More info
This very well aged Glen Grant was distilled on the 13th October 1969, and aged for 40 years in cask number 6234 before bottling on the 8th March 2010. A release of 125 individually numbered, cask… More info
An incredibly old Highland Park. This was aged for a whopping 40 years after distillation in 1968. It was aged in a single cask (number 3465) and was bottled as a release of just 177 numbered bottles… More info
A very rare and limited edition Tullibardine distilled in 1968. This was aged for a whopping 40 years before bottling as part of an outturn of just 252 bottles. More info
A 40 year old from the Strathisla distillery, superb value for money, particularly for a malt of this age. More info
This was distilled in 1970 and aged for the majority of its maturation in standard-sized casks, before being transferred into very small octave-sized casks for a finish. The result of this is an… More info
A rich and full bodied Dalmore from the Old Malt Cask range. This was distilled in December 1976, and aged in a rum finished hogshead (cask 6632) before bottling in October 2010. A release of just 98… More info
A very tasty 40 year old Glenrothes from Duncan Taylor. This was aged in standard-sized casks for the majority of its maturation, then it was finished in small octave casks to add extra pep and… More info
A 40 year old from the Macduff distillery, known for its easy drinking style. This was bottled for the Peerless range, a collection of truly outstanding whiskies, all of which are very well aged,… More info
40 year old Tamnavulin bottled by Speciality Drinks. This was specially bottled as part of their Anniversary Selection, and comes of an outturn of 649 bottles. Incredibly value for a 40 year old… More info
A 34 year old Inverleven, distilled in the Lowlands in November 1976, this was aged in a single bourbon barrel before bottling in January 2011. More info
This is a well aged Glen Grant from Duncan Taylor, distilled in 1970 and bottled at cask strength. It's a truly brilliant malt with loads of flavour and complexity. More info
A Knockando from the 1976 season, which is how the Speyside distillery refers to each year of production. This is a subtle, fruity single malt, which bears all the hallmarks of the finest Speysides. More info
A single cask, cask strength Glencraig. This was distilled in 1976, and bottled by Signatroy from hogshead 6782 in August 2010. A release of 184 bottles. More info
A premium 40 year old expression from Hankey Bannister. This is part of a limited release of 1,917 bottles. This was released to commemorate the 250th anniversary of the brand.
In fact, this was… More info
Aged for an incredible 40 years this is a serious whisky from Duncan Taylor. Distilled at the Bunnahabhain distillery in 1968 (the same year LL Cool J was born), this was bottled as part of the… More info
This was distilled in October of 1976 at the Imperial distillery in Speyside. It was aged for 35 years in a refill butt and bottled in October 2011 at higher-than-usual bottling strength. Delicious… More info


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Precision Strobe Tuner Lite 1.4 A General Purpose Musical Instrument Tuner App for the iPhone and iPad. The Precision Strobe Tuner App's main display ...
Precision Strobe Tuner Lite 1.4 A General Purpose Musical Instrument Tuner App for the iPhone and iPad. The Precision Strobe Tuner App's main display consists of a Strobe Display and Spectrum Dial. The outside Strobe Display works like a classic rotating disk strobe tuner. The pinwheel pattern rotates CCW when the input is flat, and CW when sharp. When the rotation is stopped, the note is in tune. The central Spectrum Dial displays the input spectrum wrapped around the Dial, with each octave shown in a separate color. The Dial is marked like a clock with the twelve notes of the Scale. All partials of the input are shown as peaks in the Spectrum Dial pointing towards the corresponding notes. Use the Spectrum Dial for coarse adjustment by tuning the fundamental to the center of the selected Note Indicator. As the input approaches the desired note, a two group pinwheel pattern becomes visible rotating in the Strobe Display. Fine tuning is accomplished by adjusting to stop rotation. The Strobe Display responds instantaneously to changes in pitch and is extremely sensitive. The first screen shot shows the display tuning a Guitar D string. The fundamental and second partials show as Yellow (Octave 3) and Green (Octave 4) peaks pointing towards the Note D Indicator. The third partial shows in blue (Octave 5) pointing toward the Note A Indicator. When Note Tracking Mode is enabled, the tuner Note Setting automatically tracks the fundamental of the incoming note. It can be disabled and the Note selected manually by tapping the desired Note Indicator. A Guitar Mode provides higher stability Note Tracking for the set of Standard Tuning Guitar strings. Bandpass Filter Mode creates a clear Strobe Display even when harmonics are present, as when a string is first plucked. Using the Bandpass filter, the fundamental and each partial of a string can also be measured separately, so the Inharmonicity of piano strings can be determined. The Bandpass Filter can be disabled by selecting Allpass Mode from the Settings Menu. The Precision Strobe Tuner tuning range covers all 88 notes of the piano keyboard, from A1 to C8. The Selected Note is displayed in the center. The selected Octave is also shown in the center, it's color corresponding to the color used for that Octave in the Spectrum Dial. Tap the Note Indicators to select the Note. Tap the top and bottom of the center ring to select the Octave. The Precision Strobe Tuner can be calibrated 60 cents sharp or flat with .1 cent resolution. The second screen shot shows the Calibration Adjustment Dial, slide it sharp or flat to calibrate and stop rotation. The Calibration Setting is shown in the lower right corner. This tuning fork is .7 cent flat at room temperature. The Temperament Mode provides separate calibration adjustments for each of the 88 Notes. This can be used to configure the PST to alternate temperaments, Piano tuning or special Guitar Intonation systems. The third screenshot shows the Temperament Bank Selection Page with the plot of the current Selected Bank data. The PST Lite provides the full basic tuner functionality of the PST after the Quick Start Demo runs except that the Temperament User Bank is not saved. NOTE: Requires at least a Generation 4 device running IOS 6.1 or later. The Lite version can be used to verify operation on your hardware before purchasing.
Version: 1.4
Size: 539.01 KB
Price: 0,00 €
Day of release: 0000-00-0
Music & Audio | iPhone, iPad
Productivity | iPhone, iPad
Music & Audio | iPhone, iPad
Music & Audio | iPhone, iPad
Entertainment | iPhone, iPad
Music & Audio | iPhone, iPad


text:
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text:
ERIC Number: ED188724
Record Type: RIE
Publication Date: 1980-Mar-30
Pages: 16
Abstractor: N/A
Reference Count: 0
Faculty Exchange Programs.
Terrell, Roland
After examining the foundation of Florida Junior College's (FJC's) Faculty Exchange Program, which involved gaining administrative support and making necessary contacts with other colleges, this descriptive report goes on to recount the experiences of the first three sets of instructors to be exchanged. First, the report describes the selection of a social science professor and two alternates from FJC and of a professor of literature and drama at Nelson and Colne College (N&CC) in England and then relates the acclimatization of each to different educational systems, climates, and houses. The report continues with a discussion of the unexpected difficulties which occurred prior to the second exchange of an FJC psychology professor and an N&CC engineering professor and the unplanned benefit of the establishment of a Women's Center at N&CC. Next, the exchange of a communications professor from Montreal's Dawson College with one from FJC is described. Suggestions for avoiding problems are then presented with regard to health insurance, inspection of the exchange college, personalities of the professors, finances, and the importance of having alternates. An enumeration of the benefits of the program precedes the final section which offers ten suggestions for starting a faculty exchange program. (AYC)
Publication Type: Speeches/Meeting Papers; Reports - Descriptive; Guides - Non-Classroom
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Florida Junior College at Jacksonville FL
Note: Paper presented at the International/Intercultural Consortium of the American Association of Community and Junior Colleges (2nd, San Francisco, CA, March 30-April 2, 1980)


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Photos from Super Class
The 24th edition of Bluegrass in Superclass kicked off January 10th at the Holiday Inn French Quarter in Perrysberg, Ohio.
Local band Deepwater Bluegrass started the show. They were followed by Harbourtown, Lorraine Jordan and Carolina Road, Tony Holt and the Wildwood Valley Boys, and The James King Band.
Lorraine brought some young folks from the Columbus area on stage during her second set. They did an excellent job playing with Carolina Road.
Bill Warren
Latest posts by Bill Warren (see all)
- More photos from Wide Open Bluegrass '16 - October 4, 2016
- Another Tuesday World of Bluegrass report - September 28, 2016
- More photos from Nothin' Fancy 2016 - September 26, 2016
Category: Bluegrass festival/concert news
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14:31 Sep. 13, 2016
A ceremony at the Powazki cemetery in Warsaw to mark the sixth anniversary of the crash of the Polish government plane in Smolensk, Russia (AP photo)
Warsaw re-launched investigation into the 2010 tragedy which killed country's president and top officials
Poland is about to exhume the remains of all the 96 victims of the presidential Tu-154 crash near Russia's Smolensk in 2010.
According to the Polish RMF 24, the corresponding decision was made by the special investigation committee headed by Poland's Deputy Prosecutor General Marek Pasionek.
The exception will be made only to those victims whose remains have already been examined in the course of the investigation.
The investigative team is planning to involve additional experts.
"We have contacted major European research centres to carry out additional probes and forensic tests," said Ewa Bialik, the spokesperson for the national prosecutor's office.
Further details on the exhumation are not revealed. According to unofficial information, four families of the victims have already been notified about the plans.
Read also New recording emerges in Smolensk crash case
Prosecutors insist on the exhumation of the remains for a thorough probe into the cause of death, as the previous investigation contained errors. In addition, it is known that some of the victims were buried under the wrong names.
At the same time, not all the relatives of the victims agree, saying it hurts their dignity.
Earlier Gazeta Polska reported that in September 2010 Russian authorities placed the remains of a different person in the coffin of the last Polish president in exile Ryszard Kaczorowski, who also died in the Smolensk crash.
Six years after the tragedy, Poland hopes the new investigative committee will be able to uncover the truth of what happened in Smolensk on April 10, 2010.


text:
KRMG Radio
Cox Media Group Inc.
- October 21, 2016
( 126)
Top Developer
Listen live to Tulsa's 24-Hour News, Weather and Traffic, FREE - 24 hours a day. Receive push notifications of Breaking News, Severe Weather Warnings and Red Alert Traffic. Wake-up with the KRMG Morning News with Dan Potter or set a drive time reminder for the KRMG Evening News with Dick Loftin with our alarm clock feature. Also, if you see breaking news, have traffic tips, or just really want to interact with our hosts, use our open mic feature to let your voice be heard! NEWS1023 & AM740 KRMG - also featuring talk specialists, Herman Cain, Rush Limbaugh, Sean Hannity, Clark Howard, Brian Kilmeade and Dana Loesch!
Push Notifications Setting ENHANCEMENT: User-specified selection to configure notification by (1) sound (pick ringtone, desired), (2) vibrate (en-/dis-able), (3) notification bar (en-/dis-able) graphic & (4) visual LED flash (en-/dis-able)
News and weather updates I like very much
Needs major overhaul. Constantly locking up my phone (LG V10). If I use the streaming feature, I sometimes have to completely reboot my phone to stop the audio. The look is terrible and the functionality is worse. I love KRMG, but this app is extremely disappointing.
Tacky design, Clunky Tacky design, 4 yr old tech, limited options
Stop the notifications! There is no option in the app to turn off push notifications.. Most annoying thing ever.
Works 10% of time
What's New
With this new update you can enjoy an optimized notification experience to stay connected with your favorite station
More from developer
Pittsburgh breaking news, severe weather and live video from WPXI-TV Channel 11.


text:
The Ames Straw Poll is a presidential straw poll taken by Iowa Republicans. It occurs in Ames, Iowa on the campus of Iowa State University, on a Saturday in August of years in an election cycle in which the Republican presidential nomination seems to be undecided (that is, in years without an incumbent Republican President running for re-election). Because it draws many voters from all over the state, the Ames Straw Poll is by far the most prominent of the several straw polls held in Iowa. Thus it is also commonly known as the Iowa Straw Poll. It was first held in 1979. The poll takes place among attendees of a fundraising dinner benefiting the Iowa Republican Party. Before the vote, each candidate is given a chance to make a short speech to the attendees. The poll has been described as a cross between a political convention and a county fair, where Iowa voters have a chance to mingle, eat barbecue and have a little fun. The party divides the venue into sections and auctions each to the candidates, who can then set up booths to present their case to the voters. The larger areas and those closest to the entrance often fetch the highest price. In 2011 bidding started at $15,000 and
Contributions by Lowellian, Muboshgu, and GageSkidmore.


text:
All - Tech Auto Repair Inc.
ReScore Reviews™ (2)
99% Would Recommend
Latest Review 7 days ago
Review for All - Tech Auto Repair Inc.
Julie A. on 06/08/2014
"They pick up my van & return it! "
Very nice people to deal with. Love the pick up and drop off service
Vehicle: Toyota Sienna
Service Date: 06/06/2014
Review Created: 06/08/2014 03:55 AM


text:
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decided: October 19, 1982.
REGINA NOLF, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT
Appeal from the Order of the Department of Public Welfare in the case of Appeal of Regina Nolf, No. L-513082-C.
Lucinda A. Bush, with her, Christine Luchok Fallon, Deirdre McDonald and Denise Niedzielski, for petitioner.
Carol A. Genduso, Assistant Attorney General, for respondent.
Judges Rogers, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Rogers.
[ 69 Pa. Commw. Page 399]
The petitioner,*fn1 a welfare client receiving Aid to Families with Dependent Children (AFDC), applied for two special allowances from the state welfare authorities consisting of the County Board of Assistance (CBA) and the Department of Public Welfare (DPW). Both applications were denied, and she has appealed DPW's final actions.
From June, 1975 through July, 1977, the petitioner attended and completed a basic beauty operator's course consisting of 1250 hours of training at the Pittsburgh Beauty Academy. The petitioner became an AFDC recipient on June 3, 1976 and remained so until September 2, 1977. After she completed this training DPW paid the costs attendant upon her taking the State Board Examination, which she passed.
The petitioner did not receive AFDC from September 2, 1977 until October 12, 1979. During this time she completed a teacher's course at the Pittsburgh Beauty Academy and obtained a teaching certificate.
The petitioner has been receiving AFDC since October 12, 1979. On December 11, 1979, she told her CBA that she would attend an electrolysis course at the Pittsburgh Beauty Academy, which started on December 17, 1979 and ended in February, 1980. In this connection she applied for (1) a nonrecurring grant of $75 for uniforms and (2) a recurring transportation allowance in the amount of $1.20 per day for about 50 days.
The CBA refused the petitioner's requests for the special allowances on the ground that she was "job ready" and that the electrolysis training was not part of her training plan. The petitioner filed a timely appeal; a hearing was held; and a DPW hearing examiner sustained the CBA's action. This was affirmed
[ 69 Pa. Commw. Page 400]
by the Director of the Hearing and Appeals Unit. We affirm.
The grant or refusal to approve the items applied for by the petitioner are matters referred to the discretion of the public assistance authorities. Transportation grants of the nature the petitioner sought are the subject of Department of Public Welfare Regulation, 55 Pa. Code § 175.23(c)(3)(i)(A), which provides:
(3) Recurring grants for expenses related to training. A recurring allowance may be included in the regular grant for either of the following items for a recipient who is in training as specified in this paragraph. There must be proof that the individual is participating in the designated training program. . . .
(i) . . . .
(A) A client who is enrolled in or participating in a non-WIN training program or a work experience program that is part of the training plan of the Department for the individual.
The nonrecurring one-time grant for clothing is authorized by Department of Public Welfare Regulation, 55 Pa. Code § 175.23(c)(2).
Nonrecurring one-time grant. A nonrecurring one-time grant may be authorized for an allowance to meet the actual minimum cost, subject to the specified maximum allowances, for any of the following items provided an individual shows that these items are needed in order to apply for or to accept employment or training which will result in decreasing or preventing his need for assistance. The individual must provide proof that he has an offer of a job, referral to a job or training program, . . . .
[ 69 Pa. Commw. Page 401]
With respect to DPW's exercise of discretion, it is well to be reminded occasionally of the narrow scope of review.
The establishment by an administrative agency of rules, regulations and standards, the administration by an agency of programs in its charge and the execution of administrative duties and functions all involve wide discretion. In none of these areas may the courts disturb the exercise of this discretion in the absence of proof of fraud, bad faith, manifest and flagrant abuse of discretion or a purely arbitrary execution of duty.
Budzinski v. Department of Public Welfare, 39 Pa. Commonwealth Ct. 176, 179, 394 A.2d 1333, 1335 (1978); see also Travis v. Department of Public Welfare, 2 Pa. Commonwealth Ct. 110, 115-116, 277 A.2d 171, 173-174 (1971).
There is no suggestion of fraud, bad faith or purely arbitrary exercise of discretion by CBA or DPW, which both concluded that the petitioner's achievement of her beauty operator's license followed by a teacher's certificate constituted a sufficient training program and we discern nothing arbitrary in this decision.
At the time of the hearing and decision below the petitioner's child had not yet attained the age of six years. The parent of a child this young is not required to register for or accept employment (55 Pa. Code § 165.23(b)(6)) and the petitioner was exercising her right not to work as a beauty operator because, as she testified, work would interfere with her caring for the child. In these circumstances, we can discern no error in the assistance authorities' finding that further training in electrolysis would not result in decreasing the claimant's need for assistance, the standard for
[ 69 Pa. Commw. Page 402]
the allowance of the nonrecurring clothing grant by 55 Pa. Code § 175.23(c)(2).
Order affirmed.
And Now, this 19th day of October, 1982, the order of the Hearing and Appeals Unit of the Department of Public Welfare dated March 28, 1980 in the above-captioned matter is hereby affirmed.
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Grant money has been awarded to the Nez Perce Tribe of Idaho to buy collars for bighorn sheep. The tribe's wildlife program received $200,000 from the U.S. Department of Fish and Wildlife. The number of bighorn sheep along the Snake River keep dropping lower, lambs are not making it to adulthood. The tribe's wildlife program will collar more ewes, hoping to find the lambing grounds. This will help find the lambs sooner after they die and help researchers determine the cause of death.
The U.S. Forest Service and Bureau of Land Management will then know if they need to change land management for domestic sheep. Bighorn sheep may contract pneumonia and other diseases from domestic sheep, if this is what is killing off the lambs there will need to be a bigger separation from the wild and domestic. Last year domestic sheep grazing was reduced by 70%. Bighorn sheep population is down 50% from 1990, from Deseret News [2].
[1] http://www.addtoany.com/share_save?linkurl=http%3A%2F%2Fwww.biggamehunt.net%2Fblogs%2Fbghjournal%2Fgrant-money-buy-bighorn-sheep-collars&linkname=Grant%20Money%20to%20Buy%20Bighorn%20Sheep%20Collars%20%7C%20Big%20Game%20Hunt
[2] http://www.deseretnews.com/article/700139991/Nez-Perce-Tribe-to-use-grant-for-bighorn-study.html
[3] http://www.biggamehunt.net/sections/Idaho
[4] http://www.biggamehunt.net/sections/Bighorn_Sheep


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
On the plus side, though, the research also showed that innovations in technology, both high- and low-tech, hold enormous promise for improving miner safety by providing early warnings of impending disasters and by providing rescuers with better techniques for locating and rescuing trapped miners. In the final analysis, the technology already exists to accomplish these improvements and it remains a matter of establishing the relevant priorities at the state and federal levels to ensure that all mines are equipped with these devices before disaster strikes, and that these technologies are available for rescue efforts when the inevitable does occur. Future studies should investigate how these technologies can be deployed more cost effectively for developing nations and what steps should be taken ahead of time to ensure that these devices provide the maximum amount of protection for the investments involved.
Cooper, S., Ryan, J., & Sinback, M. (2003). Employment-related crimes. American Criminal Law Review, 40(2), 367.
Kravitz, J.H., Kovac, J.G., & Duerr, W.H. (1994). Advances in mine emergency communications. Proceedings of the International Emergency Management and Engineering Conference, 23-26.
Mining disaster incidents and fatalities, 1900-2006. (2007). National Institute for Occupational Safety and Health. (2007). Retrieved October 2, 2007 at http://www.cdc.gov/niosh/mining/statistics/disasters.htm.
Peters, C. (2006,…
"Safety Innovations In Mine Safety" (2007, October 03) Retrieved December 2, 2016, from http://www.paperdue.com/essay/safety-innovations-in-mine-35410
"Safety Innovations In Mine Safety" 03 October 2007. Web.2 December. 2016. <http://www.paperdue.com/essay/safety-innovations-in-mine-35410>
"Safety Innovations In Mine Safety", 03 October 2007, Accessed.2 December. 2016, http://www.paperdue.com/essay/safety-innovations-in-mine-35410
It is essential for company managers, safety practitioners and manufacturing engineers to be informed of and gain sufficient knowledge about current research developments in this field and implement safety strategies as well as systems to minimize occupational health and safety risks. (Bier; Kunreuther; Phimister, 103); (Stellman, 17) Active and procedural risk management strategies are important elements in any manufacturing unit. Active risk management refers to implementing interlocks, alarms and mitigation
Activated Alumina is the latest type of polymer bead is infused with iron oxide in an attempt to develop a one-step coagulation process for arsenic removal in drinking water (American Chemical Society, 2006). This technology is still under development and will be available in the future, as a potential answer to the arsenic problem at the Deloro Mine. The primary technologies being used in arsenic removal rely on coagulation and
White Collar Crime and Coal Companies According to Black's Law Dictionary (1990), a "white collar crime" is the term "signifying various types of unlawful, nonviolent conduct committed by corporations and individuals including theft or fraud, and other violations of trust committed in the course of the offender's occupation" (p. 1596). The coal industry in the United States has been historically been characterized by such white collar crimes, many of which have
The start-up is a disaster for a boutique firm which has an "investment process that develops ideas and concepts" (Katz, L. et al., 2005). Beta would play a huge role in the marketing, distribution, and branding of this new firm, and even with "the recruitment of a management team with significant experience in the golf industry" (Katz, L. et al., 2005) the risk of misdirection and misallocation of capital are
Role of Technology in Corporate and Social Responsibility Insider trading. The insider trading case that has become most prominent is that against Raj Rajaratnam who ran the hedgefund Galleon Group, and was charged along with his co-defendant, Danielle Chiesi, a former consultant with New Castle Funds, LLC ("Insider Trading," 2010). Rajaratnam was convicted of 14 counts of insider trading, which makes this case the largest scheme concocted by a hedge fund
Err is Human: Summarize how informatics has assisted in improving health care safety in your organization and areas where growth is still needed. The 1999 report "To Err is Human" shocked the medical establishment with its reports of high levels of medical errors in hospitals throughout the country. Patients were worried about how fallible health providers could be, and the extent to which they often denied or ignored the fact
Threat of substitute products Given the dynamic retailing environment, the threat of substitute products is fairly intense. Customers normally shop at large corporate retailers, but their loyalty levels are often unstable. In such a context then, the retailers -- including Marks and Spencer -- have difficulties in retaining their customers and preventing competitive items from replacing their own products (Dalic, 2004). Competitive rivalry Last, in the environment that has already been described, the


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Ultra Music Festival's Russell Faibisch on WMC: There Was Never a Rift With Conference
Almost exactly one year ago, Ultra Music Festival and Winter Music Conference suffered a "deeply complicated and very public breakup" after 13 years of peaceful, symbiotic coexistence.
A few months later, just before Ultra 2011, we asked the fest's cofounder and CEO Russell Faibisch whether "there [is] a possibility we could see WMC and Ultra back on the same week in 2012?"
At the time, it seemed impossible. But the Ultra honcho replied, "Always a possibility. It would be really great if we can make it happen together next year."
And as we reported last month, it has actually happened: Winter Music Conference had expanded "to 10 days" for 2012 and "realigned with Ultra Music Festival ... Sort of."
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Now, while Crossfade has continued to make the assumption that WMC and UMF are engaged in a still-roiling, semi-silent feud stemming from last year's split, we recently spoke with Faibisch, seeking a status update on the relationship between the two parties. And he insists that it's all kosher.
"Like I've always said, things may have been perceived differently last year," Faibisch says. "But the reality is there was no issue."
"For 2011, we wanted to be on the same dates," he explains. "But we couldn't for reasons they had on their end.
"This year, they were able to get the dates that coincide with ours and we're very happy about that," Faibisch insists. "It's a win-win for everybody. And at the end of the day, it enhances the experience for the fans and the people that love electronic music.
"It's great for everyone all around."
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Previous Challenge Entry (Level 2 – Intermediate)
Topic: Hmph! (03/04/10)
TITLE: A Few Wrongs that Need Writing
By Troy Manning
I am not a fighter, and neither am I a lover. I am a writer. As such, my limitations are undeniably vast. Sometimes I have to go to the restroom. On one of these occasions, I entered as a man was exiting. Inside lay an irritable infant strapped to the changing table. I quickly stepped out and called to the man, "Hey, you forgot your baby." Whether or not he heard me, it was difficult to say.
Sometimes I have to go to the grocery store. One time, in the frozen foods section, a woman collapsed at my feet in an epileptic seizure. I had never seen anything quite like it before. I watched in astonishment as her eyes rolled back and she convulsed in the aisle near a display of navy beans. A boy in his early teens was drawn toward the commotion, and watched her with me as his mother rushed to notify a clerk. I told the boy I heard there's a risk of such victims swallowing their tongues and choking to death. The boy said he'd heard that too and put his fingers in her mouth to rescue her. His mother returned with assistance just at the time the woman bit down. The boy's mother shot me a dirty look after her son screamed out. I walked away as the clerk, who seemed to know much more First Aid than I did, knelt down to help.
As with anybody else's, writers' cars need gasoline. I remember fueling up my car and watching an elderly man exit the convenience store with an already wilting bouquet of flowers. He walked to the passenger-side of a car and handed them through the window to a delighted woman I assumed to be his wife. Afterward, he went around and climbed into the driver's seat. As he started the car, I saw the gasoline hose was still inserted in his gas tank. I then noticed on my pump that if I added just nineteen more cents, it would make the total an even twenty dollars. When I looked back over at the couple's car, it was already in progress. I started to say something but saw the woman's window was already rolled up. The hose tore from the pump and the man abruptly halted the car. He looked at me in disbelief as though I were somehow responsible. When I looked back to my pump, it read $20.28. I started to return to him a disbelieving look but then checked myself.
While my trips to department stores are rare, they do happen. Mallory's was somewhat busy last Tuesday evening and I was in a bit of a hurry. All three checkers were being held up by but two gunmen. The customers in the lines simply stood immobile. The store had recently installed self-service checkout machines, so I thought I might still be able to make a timely exit without resorting to thievery like these two ruffians. Apparently the beeping sound, as I scanned my items, drew the attention of one of them. She left her partner to cover all three checkers and approached with her weapon pointed in my direction. With only a pair of socks left to scan, I began to regret that I was more a man of ideas than a man of action. The machine beeped, the gun fired, and I fell. When the woman drew closer I recognized her as a fellow Faithwriter. "Hmph," I groaned. I guess being a writer doesn't necessarily exclude an active life.
During rehabilitation, I reflected on some of my misguided notions about authorial responsibility and maintaining a critical distance to life. My writing began to evidence a greater political awareness, and I adopted the baby in the bathroom. While my fighting and loving remain rather paltry, with God's help I now do what I can. And I somehow hope this little piece may be of help.
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Respite for the troubled economy seems nowhere in sight, as the monthly survey of the Statistics Department of the Central Bank of Nigeria (CBN) shows sustained decline in activities.
The latest survey, Purchasing Managers Index (PMI), again recorded declining levels of production, new orders, employment and raw material inventories, in the build up to the release of the second quarter Gross Domestic Product (GDP).
ALSO READ Roberto Martinez Appointed As Belgium's New Manager
Specifically, the manufacturing index, which rose marginally to 44.1 index points in July 2016, compared to 41.9 in June, is still below the basic level.
Meanwhile, the Federal Government has concluded plans to raise N245.18bn worth of Treasury Bills, with maturities ranging from three months to one year.
The Central Bank of Nigeria (CBN), which will act on behalf of government, is billed to issue N45.18bn for three-month debt; N80bn for six-month bill; and N120bn for one-year instrument. All will be through the Dutch auction system.
Already, indications show that the rates for the instrument might be 16 per cent for the three-month; 18 per cent, six months and 18.5 per cent, one-year bills.


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Disneyland tree honors author
ANAHEIM Among the hundreds of Halloween decorations at Disneyland sits a little-known tree dressed up for the holiday – and dedicated to Ray Bradbury.
The late author of "Fahrenheit 451" fame had a dream: He wanted a tree at Disneyland named after his 1972 novel "The Halloween Tree," according to Tony Baxter, a retired Disney Imagineer who befriended Bradbury. The park dedicated the oak tree in 2007, and Bradbury would visit it before he died in 2012.
The 25-foot-tall tree, on a path across from the Frontierland Shootin' Exposition, is dotted with pretend pumpkins and lights at this time of year. A plaque says, in part: "Realizing famed author Ray Bradbury's dream of having his symbol for the holiday become part of Disneyland."
Bradbury had a long relationship with the Disney company, and he helped design and write the story for Spaceship Earth, the iconic, massive sphere at Epcot.
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decided: August 2, 1979.
HERBERT H. BRINSER, APPELLANTv.CUMBERLAND-PERRY AREA VOCATIONAL-TECHNICAL SCHOOL JOINT-OPERATING COMMITTEE, APPELLEE
Appeal from the Order of the Court of Common Pleas of Cumberland County in case of Herbert H. Brinser v. Cumberland-Perry Area Vocational Technical School Joint-Operating Committee, No. 3764 Civil 1976.
Thomas W. Scott, with him Killian & Gephart, for appellant.
Robert E. Yetter, with him Metzger, Wickersham, Knauss & Erb, for appellee.
Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Blatt.
[ 44 Pa. Commw. Page 556]
Herbert H. Brinser (appellant) appeals here from an order of the Cumberland County Court of Common Pleas which affirmed his suspension from his position as auto-body teacher at the Cumberland-Perry Area Vocational-Technical School (School).
The appellant had served as the auto-body teacher at the School for five years from 1971 to 1976. Previously the auto-body course had been taught by a Mr. Kelley who was placed in an administrative position as Staff Assistant in 1971 and later removed from this administrative position in 1975 because he was not properly certified, then being placed in a full-time "itinerant" teaching position. In August of 1976, the Joint-Operating Committee (Committee) of the School abolished both Mr. Kelley's teaching position and the position he had previously held as Staff Assistant. At the same time, it voted to suspend the appellant from his position as auto-body teacher and appointed Mr. Kelley to replace him in that position. In November of 1976, the appellant filed a complaint in mandamus against the School requesting reinstatement as a professional employee, including payment of full back-pay and reimbursement for all lost benefits. The lower court ordered the School to provide the appellant a hearing, which was done. Then the Committee affirmed the suspension, and this was affirmed on appeal by the lower court. This appeal followed.
The appellant argues that, as a tenured professional employee, he was improperly suspended in the absence of one of the four reasons enumerated under Section 1124 of the Public School Code of 1949*fn1 (Code)
[ 44 Pa. Commw. Page 557]
wherefore he should be granted reinstatement with back-pay and benefits. The Committee maintains, however, that it acted properly under the Code.
We agree with the Committee that, if proper procedures are followed, positions occupied by professional employees may be abolished for financial or other proper reasons. Charleroi Area School District v. Secretary of Education, 18 Pa. Commonwealth Ct. 121, 334 A.2d 785 (1975). At issue here, however, is not the abolition of the position held by Mr. Kelley but rather the propriety of the suspension of the appellant from his position when he was replaced by Mr. Kelley. It is well recognized that school authorities "must be given broad discretionary powers to ensure a better education for . . . children . . . and any restrictions on the exercise of these powers must be strictly construed on the basis that the public interest predominates and private interests are subordinate thereto." Smith v. Darby School District, 388 Pa. 301, 314, 130 A.2d 661, 668-69 (1957). If it appears, however, that the action taken is based upon a misconception of the law, the courts will intervene to prevent an abuse of power adverse to the public welfare. Hibbs v. Arensberg, 276 Pa. 24, 26, 119 A. 727, 728 (1923). The law is clear that Section 1124 of the Code sets forth the only four statutory reasons for which a tenured employee may be suspended, Fatscher v. Board of School Directors, 28 Pa. Commonwealth Ct. 170, 367 A.2d 1130 (1977), which are as follows:
(1) Substantial decrease in pupil enrollment in the school district;
(2) Curtailment or alterations of the educational program on recommendation of the superintendent, concurred in by the board of school directors, approved by the Department of Public Instruction, as a result of substantial decline in class or course enrollments or to conform
[ 44 Pa. Commw. Page 558]
with standards of organization or educational activities required by law or recommended by the Department of Public Instruction;
(3) Consolidation of schools, whether within a single district, through a merger of districts, or as a result of joint board agreements, when such consolidation makes it unnecessary to retain the full staff of professional employes.
(4) When new school districts are established as the result of reorganization of school districts pursuant to Article II, subdivision (i) of this act, and when such reorganization makes it unnecessary to retain the full staff of professional employes.
Noting the Supreme Court's decision in Alberts v. Garofalo, 393 Pa. 212, 142 A.2d 280 (1958), this Court has recently held that the suspension of a tenured professional employee because of the abolition of his position in an effort to reduce a budget deficit was improper because it would not fall within one of these four statutorily-enumerated reasons for suspension. Theros v. Warwick Board of School Directors, 42 Pa. Commonwealth Ct. 296, 401 A.2d 575 (1979). See Bragg v. Swarthmore School District, 337 Pa. 363, 367-68, 11 A.2d 152, 155 (1940). In the Theros case, because of the abolition of one teaching position, the business education department had one excess teacher in that department. All the teachers in the department were certified only to teach business education and the teacher with the lowest rating was therefore suspended. We held there that the suspension was unlawful, and we believe that the facts in the case at issue are on all fours with those in Theros. Here, as the result of the abolition of the position which Mr. Kelley held, there were two tenured professional employees
[ 44 Pa. Commw. Page 559]
who were certified only to teach the auto-body course, and there was therefore one excess teacher. The appellant, who allegedly had the lower rating of the two, was consequently suspended, as was the teacher in Theros, supra. The abolition of a position as an economy measure here cannot be deemed to be for any of the causes for suspension enumerated in Section 1124 of the Public School Code, just as was true in Theros, supra.
The Committee argues here that, if Section 1124 forbids this suspension, the Section is in conflict with other sections of the Code as well as with the Pennsylvania Constitution because the Committee has the right and duty to maintain an efficient and economical school. It is clear, of course, that a school board has the right to abolish a position when, in the discretion of the board, that position is no longer necessary. Smith v. Darby School District, supra. It is also clear that a tenured professional employee whose position has been abolished is protected by the tenure provisions of the Code and therefore cannot be suspended except for one of the reasons enumerated therein. The school board then, or the Committee here, has several options in such circumstances, such as transferring the employee to another available position, Alberts v. Garofalo, supra, 393 Pa. at 215, 142 A.2d at 282, demoting the employee to an inferior position provided he is given a hearing, Alberts v. Garofalo, supra; Board of Public Education of the School District of Pittsburgh v. Thomas, 41 Pa. Commonwealth Ct. 490, 399 A.2d 1148 (1979), or realigning the staff, which in this case could have been done by granting Mr. Kelley the sabbatical leave he had requested and thus permitting the appellant to remain in his position. If, however, a school board believes that it must abolish a position for economic reasons such as a substantial decrease in pupil enrollment or a necessity for program
[ 44 Pa. Commw. Page 560]
curtailment, it can seek approval for curtailment of educational programs from the Department of Public Instruction in accordance with Section 1124 of the Code which would afford a statutorily-permissible cause. We do not believe therefore that Section 1124 of the Code is in conflict with a school board's right and duty to maintain an efficient and economical school. There are clearly alternative ways which can be employed to reach this goal while at the same time protecting the rights of tenured professional employees.
Accordingly, we must reverse the order of the court below and remand this case with instructions to reinstate the appellant as a tenured professional employe and to award him his lost salary together with any increments thereto to which he would have been entitled had he continued in his position without interruption.
And Now, this 2nd day of August, 1979, the order of the Court of Common Pleas of Cumberland County in the above-captioned matter is hereby reversed, and this case is hereby remanded for action consistent with this opinion.
Reversed and remanded.
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February 20, 1975
UNITED STATES of America ex rel. Alton CANNON, Petitioner,
Harold J. SMITH, Superintendent, Attica Correctional Facility, Attica, New York, Respondent
Curtin, Chief Judge.
CURTIN, Chief Judge.
This matter was initially before the late Chief Judge John O. Henderson. Petitioner submitted a pro se application for a writ of habeas corpus, alleging that his 1969 conviction for first degree rape in Monroe County Court was unconstitutionally obtained. In 1972 Judge Henderson denied the petitioner's application, without a hearing, on the merits. After timely notice was filed, an appeal was taken to the Second Circuit Court of Appeals.
In a decision and order of the Circuit Court, the matter was remanded for further proceedings. United States ex rel. Cannon v. Montanye, 486 F.2d 263 (2d Cir. 1973), cert. denied, 416 U.S. 962, 94 S. Ct. 1982, 40 L. Ed. 2d 313 (1974). The panel held, pursuant to 28 U.S.C. § 2254(d)(3), that the record of the state court proceedings lacked development of essential material facts regarding the in-court identifications of the petitioner. 486 F.2d at 268. The district court was directed to conduct or supervise an evidentiary hearing on the issues of unnecessary suggestiveness of the lineup and the likelihood of misidentification. 486 F.2d at 268.
The appellate tribunal was particularly concerned by the victim's inability to observe the rapist at the time of the attack, save for a glimpse of a green shirt. At the lineup, four days after the offense was committed, Cannon was wearing a green shirt and was selected by the victim. The testimony in the state court proceedings, however, failed to reveal details of how the other men in the array were clothed.
Furthermore, Cannon had been directed to wear a green shirt when he was arrested in his hotel room on the day of the lineup. The possible constitutional infirmity of the procedure was characterized by Judge Feinberg as follows:
If all were dressed in green the inference of undue suggestion would clearly fail. If one or two had on green shirts, the inference would weaken very considerably. . . . if the inference remained, it would acquire great importance . . . where the victim's "opportunity . . . to view the criminal at the time of the crime" was limited, . . . .
486 F.2d at 268.
On December 3, 1973 Judge John O. Henderson appointed William H. Gardner, Esq. to represent the petitioner and Frederick A. Provorny, Esq., the petitioner's appellate lawyer, was appointed co-counsel. Shortly thereafter, following Judge Henderson's decease, the matter came before me. At that point counsel for the petitioner commenced discovery proceedings to obtain matter deemed essential to prepare for the hearing. The bulk of the material sought, however, was either unavailable or not produced. After discovery reached an impasse, a hearing was scheduled and held in this court on July 12, 1974.
The only witness called by either party was William Mahoney, Chief of Detectives for the Monroe County Sheriff's Department in Rochester, New York. On September 5, 1968 Mahoney conducted the lineup in his capacity as a supervisor for the Rochester Police Department's Detective Bureau. Mahoney conducted numerous lineups during this period for the police department. Although he stated that he had reviewed his trial testimony, Mahoney claimed to have a vivid independent recollection of the 1968 lineup because of prior contacts he had had with Cannon.
According to Mahoney, Lieutenant George Reiss and Detective Daniel Funk were assisting him, and the complainant was present. In keeping with the practice then, the names and positions of the persons in the array were recorded, but no photographs were taken or descriptions noted. In response to questions from the State Attorney General, Mahoney testified as follows:
Q. They were all in civilian clothing?
A. That is correct.
Q. Does that include Alton Cannon?
A. Yes, sir.
Q. All five people in the lineup had civilian clothing?
Q. Were the heights of the five individuals varying?
A. It would probably be easier, sir, if I explained that the persons in the lineup involved the selection of four other persons who were selected for race, height and weight similar to that of the subject, Alton Cannon. I would say that everybody in the lineup was within the same age group, early twenties, they were within an inch or so above or below the height of Alton Cannon, they were also within I would say approximately ten pounds of the individual, Alton Cannon, and they were selected from approximately forty or fifty people, young males, that were in the jail at the time. Also one of the four individuals selected for the lineup was wearing a green sweater similar, in fact, almost identical, to the one that Alton Cannon wore.
Federal hearing Tr. at 10, 11.
The only other significant direct testimony advanced by Mahoney concerned the manner in which the victim identified Cannon:
THE COURT: Tell us what the lady said, please.
THE WITNESS: I went back to the other side of the lineup to ask her if she could identify anybody in that lineup. She said, "Number 5." I said, "How do you know?" She said, "I can recognize him by his face." She said, "I would also like to see a profile of him." I returned to the other room on the other side of the mirror and I had Cannon step forward. He showed her the right side of his face, the profile, and I returned him to the lineup, and went back and again spoke to Mrs. Ripple and asked her if she was sure of the same man. She said exactly, positively it was him.
Tr. at 12.
Cross-examination considerably weakened Mahoney's testimony. Although he steadfastly maintained that the green shirts worn by Cannon and one of the other men in the lineup were identical he was short on specifics. Mahoney could not recall if the shirts had long or short sleeves, were cardigan or pullover, dull or shiny, thick or thin, crew neck or button down, were worn inside or outside the trousers, or even if they were light or dark green.
In addition, Mahoney's reportedly "vivid" recollection of the lineup was considerably clouded when he failed to establish which fellow officers were in fact present at the time. It was also apparent that Mahoney's "standard" lineup practices were a source of some of his detail, albeit unconsciously, considering the passage of six years since the event.
At the conclusion of Mahoney's testimony the hearing came to an abrupt end. Neither the victim nor the other officers present at the lineup were called by the state to testify. Furthermore, the state did not indicate that these other witnesses were unavailable.
On the basis of the testimony adduced at the hearing, the inference of damaging suggestibility at the petitioner's lineup was not dispelled. Detective Mahoney's testimony can only be characterized as equivocal. But, an additional factor to be weighed against the state is the failure to produce critical witnesses to the events on the day of the lineup. The availability of the victim and the other officers in attendance at the lineup was not disputed. Under some circumstances, the state alone might not bear a burden for failing to produce them at the hearing. 2 Wigmore on Evidence, § 288 (3d Ed. 1940); United States v. Beekman, 155 F.2d 580 (2d Cir. 1946); United States v. Llamas, 280 F.2d 392 (2d Cir. 1960).
Here, however, members of the investigative team were not called although they testified in the state trial concerning the precise matters sought to be developed with greater particularity in this hearing. Even the victim, the person whose testimony and identification contributed more to Cannon's conviction than anything else, was not called. Under these circumstances, I sense that the state's failure to call these witnesses, particularly the victim, when they have sided with the state in the past, indicates that their testimony would have been unfavorable to the state. United States v. Johnson, 467 F.2d 804, at 809 (1st Cir. 1972), cert. denied, 410 U.S. 909, 93 S. Ct. 963, 35 L. Ed. 2d 270 (1973); see also United States v. Cotter, 60 F.2d 689 (2d Cir. 1932).
What emerges from a synthesis of the record in the state court and the hearing before me is a conclusion that the lineup was impermissibly suggestive. Cannon was directed by the arresting officer to wear a distinctive green shirt because that was an important lead in the investigation. But none of the other lineup participants was asked to wear that particular shirt and at least three or four, if not all of the other men in the lineup, were not wearing shirts anything like Cannon's. See Foster v. California, 394 U.S. 440, 89 S. Ct. 1127, 22 L. Ed. 2d 402 (1969).
At the time of the attack, the victim was unable to see the perpetrator's face. Her initial description to police officers was almost valueless.
In addition, the victim had been drinking just prior to the attack. Furthermore, the lineup in question did not occur until almost five days had passed. Under these circumstances, I am forced to conclude that the possibility of irreparable misidentification was so great that it was error to admit any testimony with regard to identification at all. Neil v. Biggers, 409 U.S. 188, 93 S. Ct. 375, 34 L. Ed. 2d 401 (1972); Simmons v. United States, 390 U.S. 377, 88 S. Ct. 967, 19 L. Ed. 2d 1247 (1968); United States ex rel. Bates v. Mancusi, 360 F. Supp. 1340 (W.D.N.Y.1973).
Finally, the admission of this identification testimony must be declared constitutionally harmful. Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 2d 705 (1967), because there was almost no other conclusive evidence introduced at the trial. This becomes more significant when corroboration requirements in effect at the time of the offense are considered.
Therefore, it is hereby ordered that the petitioner, Alton Cannon, is granted a writ of habeas corpus releasing him from custody unless the respondent commences proceedings within thirty days to afford the petitioner a new trial.
So ordered.
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SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 21, 2012
THE PEOPLE OF THE STATE OF NEW YORK,RESPONDENT,v.ALBERT SANTANA,DEFENDANT-APPELLANT.
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.
Released on December 21, 2012
Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Onondaga County Court (Joseph E. Fahey, J.), entered September 16, 2010.
The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of murder in the second degree, attempted robbery in the first degree (two counts), criminal possession of a weapon in the second degree (two counts) and criminal possession of a weapon in the third degree.
It is hereby ORDERED that the order so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from an order denying his CPL 440.10 motion to vacate the judgment of conviction after trial. Defendant moved to vacate the judgment on the ground that he was denied effective assistance of counsel because, inter alia, defense counsel did not properly advise defendant with respect to a plea offer. Although we agree with the People that "the motion papers do not contain sworn allegations substantiating or tending to substantiate' defendant's claims of ineffective assistance of counsel" (People v Vigliotti, 24 AD3d 1216, 1216; cf. People v Frazier, 87 AD3d 1350, 1351; People v Howard, 12 AD3d 1127, 1128; see generally People v Vaughan, 20 AD3d 940, 942, lv denied 5 NY3d 857), County Court did not decide that issue adversely to defendant, and thus we decline to affirm the order on that ground (see generally People v Concepcion, 17 NY3d 192, 197-198).
We conclude, however, that the court properly denied the motion without a hearing on the ground that the allegations in support of the motion are made solely by defendant, that those allegations are unsupported by other evidence and that, under all the circumstances, there is no reasonable possibility that such allegations are true (see CPL 440.30 [4] [d]). "Considering all of the circumstances, including that defendant's motion was decided by a judge who, having presided over defendant's trial, was familiar with the facts . . . , we cannot conclude that [the] [c]court abused its discretion in denying the motion without a hearing" (People v Hoffler, 74 AD3d 1632, 1635, lv denied 17 NY3d 859; see People v Smiley, 67 AD3d 713, 714, lv denied 13 NY3d 942; People v DeJesus, 39 AD3d 1196, 1197, lv denied 9 NY3d 874). Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court
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