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Skip to comments.Poll: Voters not buying sales tax increase
Posted on 06/20/2006 10:37:27 AM PDT by bluerose1980
A Quinnipiac University poll found 60 percent of New Jersey voters oppose Gov. Jon Corzine's proposed 1 percent sales tax increase, which is seen by a number of Democrats as the only alternative to help close a $4.5 billion budget deficit.
How about cutting the budget.
Why isn't THAT an alternative?
Why doesn't Corzine simply impose a NJ state worth tax applied to all state level office holders with a net worth over say $20 million. It would be perfectly consistent with the RAT party platform position that the rich don't pay enough taxes. and it would be coupled with the fact most democrats say they want to pay higher taxes.
Heresey. Burn the infidel!
"How about cutting the budget"
Don't you know anything about RAT economics?
Taxes are the only way to balance budgets, tax your way to prosperity.
"Heresey. Burn the infidel!"
EEK! lol
Honestly, if there is going to be any tax increase, I would rather have a sales tax increase than either an income or property tax increase. In NJ, no sales tax is assessed on food or clothes. Plus, with a sales tax, we as taxpayers can choose to buy or not to buy those non-necessities which are subject to sales tax, while an income tax takes away our money before we even see it.
"Don't you know anything about RAT economics?
Taxes are the only way to balance budgets, tax your way to prosperity."
I'm sorry *hangs his head* I truly deserve a beating for that one :(
How about no tax increase? We already have high taxes. Cut the damn budget.
you kidding? that's like telling them "slit your yugular vein with a chainsaw."
If NJ laid off all their state workers they would not be able to close the $ 4.5 Billion dollar deficit (thanks to Kean, Whitman, Florio, McGreevey, Codey admin of taxcut and borrow or spend and borrow). The best way is to keep the budget growth to inflation or lower and hope the booming economy will generate revenue growths above the inflation rate, thus over time the deficit will gradually shrink. Problem is not tax cuts nor tax increases, but spending that exceeds the revenue and revenue growths.
"slit your yugular vein with a chainsaw."
Only RATS have yugular veins.
I agree.
All I'm saying is that an increase in the sales tax is probably the least of all evils among the various ways taxes could be increased.
Well I don't for a moment presume to now what the budget is in NJ.
But I do know that when I am faced with increased pricing, I have to cut something somewhere to make ends meet.
I can't simply walk into the bosses office and tell him that I'm charging him 15.00 an hour instead of 13.25.
Seems to me that governments need to do the same thing.
And the public employee and teachers YOON-YUNS had a Nuremberg -style rally broadcast on all of the local TV channels in support of Cor-slimes budget.
How about getting the teachers, state policemen, prison guards, and TRENTON BUREAUCRATS to CONTRIBUTE TO THEIR OWN retirement funds for a change!
Raise taxes?
RAT economics decree cuts can only be made in essential services like DMV, snow plowing, trash removal, law enforcement, etc.
Therefore the populace will gladly take the tax increases since other "services" will be cut that they cannot live without.
But the sacred cows of welfare, AFDC, free medical, etc. MUST NEVER be cut for that would spell doom for the recipients.
They would have to choose between McDonald's and cable TV.
Yah yah yah, 60% reject another tax increase. The same 60% who will go out and vote dem over and over and over again. Can you say, Senator Menendez?
I just moved to NJ 4 months ago, and I live in Camden County (not Camden City). Are you telling me that I don't pay sales tax on food, clothes, and even TP because I live in what may be considered an "enterprise" zone by extension of Camden? So, if I go to the shore, they do charge sales tax for those items? How is your sales tax lower?
Yeah, but what are they going to do about it?
I pay 3% on all non-food, non-clothing goods. This is lower than the state rate of 6%. Basically, if you live in certain urban areas of the state (as I do), you get an automatic 50% cut off of the state sales tax.
Not fair! I still pay the 6% on the taxable goods, even though where I live is pretty heavily populated and lower-middle class at best. I guess I would have to drive into Camden to save 50%.
Which will drive a greater proportion of buyers to shop in PA and DE the effect of which may be to actually lower sales revenues.
On the other hand, just increase sales tax 10%. Add a VAT tax too.
Because it's the government's money, serf! Get back to work, they need more!
You do not pay sales tax on those items anywhere in NJ. The enterprize zone has only 3% sales tax on all other items.
With elevated gas prices, the question comes "is it cheaper to drive farther to get something you need?".
The solution is "mail order" purchasing online.
While mail order used to take 4-8 weeks, now many retailers are able to respond in 1 day - 1 week (including delivery time). And NO sales tax for out of state orders.
Our state sales tax is 6.25% (Texas) and local areas are able to raise tax up to 2% more (which Houston does, raising it to 8.25%).
But we don't have a state income tax (yet).
Yes, I know.
Plus, gas is cheaper in NJ, and income taxes are lower than most states, at least at my income level. The only nasty tax in NJ is the Property tax.
So, the taxes levied on this lower middle class husband and father of two who doesn't own a house in NJ is pretty low compared to other places.
BTW, is it true that property taxes are levied on cars in NJ?
Which will drive a greater proportion of buyers to shop in PA and DE.
Exactly my point. Sales taxes are avoidable and we still have the choice to pay them to a certain degree. Income and Property taxes are unavoidable and leave us no choice.
Problem is the deficit is so large due to all the borrowing, that NJ is in trouble. The people of NJ should have done something ten years ago. The state reps keep forgetting that unlike the federal government, the state cannot print dollars to inflate their way out. We are a microcosm of what will happen to California and New York.
those parasites vote
And the idiot voters need to stop passing every bond issue for the latest multi million dollar supposed do-gooder cause in a corrupt state.
BTW for those not following this, even the NJ DEMOCRATS don't support Crazy Corzine's tax increases.
BUYING sales tax increases?
They'll be GIVEN to us, whether we want an increase or not.
Decrease, cut back, trim - these words to the Democrats are just like RECALL is to the Auto industry.
The state of NJ has a 6% sales tax statewide, except in UEZs, Urban Enterprise Zones, (Like inner Camden City), where sales tax is 50% of the current state sales tax (right now 3%, after Corzine rapes the rest of us to 7%, it'll be 3.5%)
Check out the Atco Raceway in Atco NJ this summer. Great drag racing on th weekends. http://www.atcorace.com/
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


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Apple Tax Ruling Puts Other Wealthy Companies In SpotlightThe order last week that Apple pay billions in back taxes highlights a worrisome divide among the world's biggest corporations.
Apple CEO Slams $14.5B EU Tax Order, Sets Billions Aside For US TaxesApple's chief executive says the company has put aside "several billion dollars" to pay tax liabilities in the United States as it repatriates some of its huge overseas earnings.
European Union Says Apple Owes $14.5 Billion In Back TaxesApple will have to pay up to 13 billion euros ($14.5 billion) plus interest in back taxes to Ireland after the European Union found Tuesday that the U.S. technology giant received illegal tax benefits over 11 years.
Global Markets Dive As Britain Votes To Leave EUBritain voted to leave the European Union after a bitterly divisive referendum campaign, toppling the prime minister Friday, sending global markets plunging .
Apple Agrees To Pay $350 Million In Italian Tax CaseApple has agreed to pay Italy 318 million euros (about $350 million) in taxes for several past years, prosecutors said Wednesday.
EU Files Antitrust Charges Against Google Over Dominance In Internet SearchesThe European Union's competition chief is filing an antitrust complaint alleging Google has been abusing its dominance in Internet searches and is opening a probe into its Android mobile system.
European Parliament Votes To Break Up GoogleEuropean Union institutions are piling pressure on Google to change the way it operates its business and applies EU rules. The European parliament on Thursday approved a non-binding resolution that calls for the unbundling of search engines from other services that internet companies offer, a practice that could in theory lead to the break-up of giant internet companies like Google.
Chlorine In U.S. Processed Chicken Holding Up Trade Deal With EuropeIt's called the Transatlantic Trade and Investment Partnership or T-TIP for short. The ambitious trade and investment agreement is now getting hammered out between the U.S. and the European Union. But it's hit a massive stumbling block - over how Americans process a favorite food: chicken.
Jump On Tomorrow: Oyster Farm Closing, Tech Privacy Meeting, Traffic AlertsGet a jump on what's happening tomorrow around the Bay.
Google Struggles To Implement European Demand To Hide Search InfoWikipedia founder Jimmy Wales, an outspoken critic of the ruling, called it a "technologically incompetent violation of human rights."
Landmark European Court Ruling Could Force Google, Yahoo, Bing To Scrub Online ReputationsEurope's highest court Tuesday gave people the means to scrub their reputations online, issuing a landmark ruling that experts say could force Google and other search engines to delete references to old debts, long-ago arrests and other unflattering episodes.
Google Submits Proposal To Avoid European Regulator ShowdownGoogle has submitted a proposal aimed at avoiding a showdown with European regulators threatening to crack down on the some of the Internet search leader's business practices.

subset: commoncrawl


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Hands-on with Fujifilm's New X-T1 (Singapore Price Announced)
The Fujifilm X-T1 continues the retro heritage of their X-series, carrying on in the tradition of the X100S and the X-Pro1, and we just got to try it out for the first time. Check out how the camera feels in the hands and how the large EVF works in real life. Also, we talk local prices with Fujifilm.
Hands-on with Olympus E-M10 - A New Addition to the OM-D Family (Price Update)
Olympus adds another member to the OM-D family, the EM-10. A smaller and more affordable version of the EM-5, will it be the camera to sway more shutterbugs to the Olympus camp? We give you our first impressions after spending some time with it.
Nikon Df Review - Df for Digital conFusion
I suspect there's very little I can do to sway your opinion about the Nikon Df. I've never seen such a polarizing camera before, and chances are that you already hate it or love it. Depending on which, you'll either hate or love this review.
5 Key Takeaways from CES 2014 (Plus Michael Bay)
Like every other year, this year's edition of CES is a massive deluge of news and product releases. If the avalanche of coverage is giving you a headache, or literally TL;DR, we've the solution. Just give us 5 minutes to tell you the five key things you should know from this year's show.
Hands-on: Samsung NX30 Interchangeable Lens Camera
We took the latest Samsung NX30 interchangeable lens digital camera for a quick hands-on test. All we can say for now is, Samsung's getting better at this.
Hands-on with the New Entry-Level Nikon D3300 DSLR (Price Update)
Nikon unveils its latest entry-level DSLR, the D3300. It comes with a new sensor and no optical low-pass filter. So what else is different from its 18-month-old predecessor, the D3200? Join us as we find out.
Panasonic Lumix GM1 Review - Compact, Classy & Competent
In the not too distant past, you had to choose between size or power for a digital camera. Now however, you can have your cake and eat it too. The Panasonic Lumix GM1 is a sterling example of a camera that can be compact, well-made and powerful at the same time.
15 in 15 - The Most Important Gadgets of the Last 15 Years
As HardwareZone celebrates its 15th year in operation, we take a look back at the last 15 years and discover the 15 most important, world-changing, game-busting gadgets to have been released by the hand of man. Love them or hate them, discover which ones made the cut right here.
Fujifilm X-E2 Review - A Camera for the Hands-On Enthusiast
Fujifilm keeps making a certain kind of camera for a certain kind of photographer, and they deserve kudos for it. The X-E2 is a continuation of that tradition, it's better but still kooky in places, yet still manages to charm. Check out the best and worst of Fujifilm's latest X-Trans mirrorless camera.
Sony A7R - The Outrageous 36MP Full-Frame Compact Mirrorless Camera
The Sony A7s are the culmination of a dream: full-frame mirrorless cameras in a compact frame. The Sony A7R takes that dream up a notch by including a 36MP sensor inside without an optical low-pass filter. I thought it wouldn't work, and here's how the A7R changed my mind.


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Copy Cat
Bank on it!
I want chicken
I want liver
Meow Mix Meow Mix
Please Deliver
(Morris the Cat)
I've heard of hissy fits but come on now Fokker--this is a family oriented community! Do you really think the Minyans wanna visualize a feline wilding first thing in the morning? I have one question and I'll let the subject rest--which cat got the tongue?
Speaking of nine lives and dead cat bounces, the Minx is open and ready for business and Freaky Friday is underway. Index options expired on the opening (individual equities have an afternoon settlement) and the ticks have already begun to flicker a bit slower. Typically, the meat of expiration related flow (and volatility) is seen in the days preceding the actual expiry. That might change today (as a function of the calendar) so stay on your toes as you eyeball the flows.
I'm keeping a keen eye on the financials today as the piggies are tickling their yearly highs. If (big if) the BKX can add a leg to its centipede greed, it'll obviously bode well for the broader tape. Breadth is a tad laggy, the semis remain under their 50-day and the NDX has that non-confirmation thing going. Still, Hoofy deserves the benefit of the doubt until he trips, slips, dips and flips.
There's something about the holidays that make us all feel like kids again. That must be why most adults are on Santa's sleigh and convinced that higher prices are coming to town. Sell hope and buy despair? That used to be my favorite trading saying but the momo flow has left tread marks on Boo's butt. Still, and from a broader perspective, we must recognize that the consensus is typically trapped at minxy cusps.
Watch the banks, Minyans, as they'll decide whether we dance on cat nip or sleep in the kitty litter. I hope you're all faring well on this winter Friday and enjoying the holiday season. So you're aware, for all the supporters of the Ruby Peck Foundation, we made distributions to our beneficiaries this week. I've cut a lot of checks this year but penning those put a smile on my puss. Thanks kindly for your continued support--Ruby is giving us all his patented wink.
Fare ye well.
Todd Harrison is the founder and Chief Executive Officer of Minyanville. Prior to his current role, Mr. Harrison was President and head trader at a $400 million dollar New York-based hedge fund. Todd welcomes your comments and/or feedback at firstname.lastname@example.com.
The information on this website solely reflects the analysis of or opinion about the performance of securities and financial markets by the writers whose articles appear on the site. The views expressed by the writers are not necessarily the views of Minyanville Media, Inc. or members of its management. Nothing contained on the website is intended to constitute a recommendation or advice addressed to an individual investor or category of investors to purchase, sell or hold any security, or to take any action with respect to the prospective movement of the securities markets or to solicit the purchase or sale of any security. Any investment decisions must be made by the reader either individually or in consultation with his or her investment professional. Minyanville writers and staff may trade or hold positions in securities that are discussed in articles appearing on the website. Writers of articles are required to disclose whether they have a position in any stock or fund discussed in an article, but are not permitted to disclose the size or direction of the position. Nothing on this website is intended to solicit business of any kind for a writer's business or fund. Minyanville management and staff as well as contributing writers will not respond to emails or other communications requesting investment advice.
Copyright 2011 Minyanville Media, Inc. All Rights Reserved.
Daily Recap Newsletter
entertainment, education and
smart market commentary.


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Scott is living his life's passion as a National Speaker, Executive Coach, Facilitator and Author. He has been a successful business leader for nearly three decades and truly understands challenges that can occur while engaging with the most important and expensive asset in business, human capital.
Scott is well regarded for being upbeat, positive and authentic. He offers straight talk with compassion, challenging his clients to make the changes that create a better life in business and helping the business to thrive from those changes. In 2011 Scott was recognized as the "New Business of the Year" by the Salem Area Chamber of Commerce for these reasons and more.
Having owned businesses that have employed large numbers of people, as well as consulting with small, medium and large firms; Scott offers a unique perspective to his clients. His focus is on the people in the business and believes that all problems in business ultimately have a communication solution.
He is a trusted advisor to Fortune 100 companies, and others, across the country, helping them deepen communication skills to "get to yes" in their daily leadership engagements. His ever expanding client list includes Dr. Marten's, S.A.I.F. Corporation, Meeting Professionals International, Liberty Mutual Insurance and Kimpton Hotels. He is also the Director of Workplace Programs for the Executive Coaching University, serving clients in 38 countries.
Scott is known to many of his clients as "The Millennial Mentor"™ helping them engage this dynamic generation in a positive and profitable way by reducing turnover and successfully transferring institutional knowledge in companies while honoring other generations beliefs and work ethics. His book "A Guide for Developing Successful Millennial Leaders" was published in October 2014.
Scott lives in the beautiful state of Oregon with his wife and best friend Ingrid, pit bull-lab mix Austin, Shepard-Chow mix Charlie and their wild cat Kimmy.
He loves the outdoors and is an experienced mountaineer, backpacker, and wilderness survival student. He enjoys meditation, traveling, experiencing different cultures, great food, wine, beer, movies, reading and spending time with friends and family. He is an active student of life.
- Memberships International Coach Federation Northwest Coaches Association Salem Chamber of Commerce Community Involvement Board Chair, Liberty House Child Abuse Assessment Center
- Inspire Foundation, Charter Board Member, Board Chair
- Red Cross, Disaster Action Team Director
- Lead Coordinator, Community Emergency Response Team, (Marion/Polk County C.E.R.T.)
- Leadership Youth, Chair
- By 2020, Millennials will represent 40% of the workforce across the globe. Is your organization ready? In this book, you will learn: - How Millennials (or Generation Y) think differently. - How to keep harmony in the workplace across generations. - How to embrace a collaborative leadership style for a more successful business. - What you don't know about Millennials and their outlook. - How to effectively and successfully lead a diverse group of people. - And more.... Leadership in the workplace can be challenging, especially if you lead people from different generations. Many Gen Y, aka Millennials, have specific character traits that make them different and unique. In this book, you will learn about some of these attributes so that you can be the best possible leader while utilizing their talents at the same time. It's a win-win!
- To be Successful in life we all need a detailed plan or set of instructions to guide us in getting from where we are to where we want to go. This detailed plan is our roadmap and it allows us to organize our thinking so we can do what is necessary to reach our goals.
- Scott Sadler Coaching Awarded New Business of the Year 2011, by the Salem Area Chamber of Commerce.


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Identify Signs That You Are Being Treated As a Real Girlfriend and Not Just Being Used
Edited by GodAMA, Anonymous
Questions and Answers
How do I know if he loves me an he is going to marry me?
How do I know if he loves me an he is going to marry me?
VisiHow QnA. This section is not written yet. Want to join in? Click EDIT to write this answer.
- If you have problems with any of these steps, ask a question for more help, or post in the comments section below.
Article Info
Categories : Relationships
Recent edits by: GodAMA


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2 houses for sale in WS12Did you mean?
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4 Bedroom Detached House For Sale
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Yes, it's true. Europeans enjoy videogames and they're playing more of them than ever. What's more, some gamers aren't even children anymore. These are the astonishing findings of the Interactive Software Federation of Europe, which has just published the results of a survey into the European games scene. It seems we now live in the second largest videogaming territory in the world, just behind Asia and in front of the US. From the press release:
The average age of an gamer in the UK is now 33 - the highest out of the territories surveyed. In Finland they are, on average 30 while in Spain they are 26. British parents are also regularly grabbing controllers to play games. Some 42 per cent of games players have children compared to 31 per cent in Finland and 23 per cent in Spain. Across Europe 81 per cent of parents say they enjoy playing games with their children. More than half of Europe's gaming parents monitor what their children are playing and 59 per cent keep a close eye on what games their children are playing.
Video games lead the way when it comes to other forms of entertainment. Of those polled a staggering 72 per cent see gaming as "a fun way to spend time", compared to cinema's and tv's 68 per cent. Some 57 per cent revealed that gaming "stimulates your imagination" (compared with 48 per cent for movies and 35 per cent for watching television) and 42 per cent of respondents stated that gaming keeps you fit mentally, compared with 25 per cent for movies, and 26 per cent for watching TV.
Videogames: officially a fun way to spend time.


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Two and a Half Men is an American television sitcom that was first broadcast on CBS on September 22, 2003. Starring Charlie Sheen, Jon Cryer, and Angus T. Jones, the show was originally about a hedonistic jingle writer, Charlie Harper; his uptight brother, Alan; and Alan's growing son, Jake. Charlie's free-wheeling life is complicated when his brother gets divorced and moves, along with his son, into Charlie's beach-front Malibu house. The series' premise was revamped in the ninth season, focusing on Alan moving on with his life after the death of Charlie with help from his new best friend and housemate, Walden Schmidt (Ashton Kutcher), who is also dealing with his own troubles following a bad divorce. Alan, Walden, and Jake eventually bond, becoming close friends, forming a surrogate family unit. In 2010, CBS and Warner Bros. Television reached a multi-year broadcast agreement for the series, renewing it through at least the 2011-12 season.
Contributions by 22.214.171.124, DanDud88, and 0555.


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Author: SAIT Technical
SAIT attended the SARS West Rand (Roodepoort, Randfontein & Krugersdorp) stakeholders meeting on 27 March 2014.
The matters discussed at this meeting are as
Would it be
possible to obtain an escalation list in West Rand?
The branch managers' details can be found in the
SARS branches should a taxpayer wish to
escalate a matter.
2. To which email
address must appointments be sent?
3. When will RFR's be
made available on eFiling?
This must be escalated to Head
Office. SAIT has already taken this up
with Head Office but it was
communicated that this is one of the agenda items
on the modernisation program. No final date for
completion of this request was
4. Power of attorneys
It was reiterated that two POAs are
needed when a client appoints a firm or the CEO and the clerks
then represent
the clients – one appointing the firm/CEO and another one issued by the
that appoints the clerk. SARS
states that these requirements are on a regular basis not met by
various tax
5. SARS training
A session was held yesterday in Roodepoort office. The dates and topics are on SARS' website
SARS urges all members (especially new graduates) to attend. This will greatly assist them to
ensure that
they do things correctly from the moment they enter practice.
2016/12/062016 Webinar: Tax Risk Management
2016/11/28When is an error a bona fide inadvertent error?
2016/11/28The price is not right: Advertising and the VAT Act
2016/11/25Sars accused of delaying VAT refunds
2016/03/24Can SARS limit legal professional privilege?
Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.
The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.


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Original price: $79.00 pretty vintage inspired dress with adjustable shoe string straps and frill detail on waistline. Bright floral pattern throughout with shiney effect. Polyester.


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Crowned as Top Gear For 2015 by Headfonics, these are no ordinary earphones.
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text:
Registered Nurse - PACU Salaries in Boston, MA
The average salary for Registered Nurse - PACU jobs near Boston, MA is $53,576*.
Similar Locations
Popular Companies
* Please note that all salary figures are approximations based upon third party submissions to Simply Hired. These figures are given to Simply Hired users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
Top Registered Nurse - PACU jobs near Boston, MA
Registered Nurse (RN) - PACU/Recovery Room
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Travel RN/Registered Nurse - PACU
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We have a great opportunity for a Pediatric PACU RN in Boston, Massachusetts. The ideal Travel RN for this position has at least one year experience, meets all...
Registered Nurse (RN) - All Specialties - 13 week contracts
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Jackson Nurse Professionals has immediate contract opportunities in the Boston area. ER, OR, ICU, CCU, Labor and Delivery (LD), Telemetry, Med Surg, CVOR, CVICU...
Registered Nurse
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Registered Nurse needed for various units Med/Surg, Tele, ICU/CCU, ED, Oncology, PACU, Psych. MA RN License, BLS, ACLS, Minimum of 2 years of experience in an...
Travel Registered Nurse RN Post Anesthesia Care Unit PACU
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OneStaff Medical has an assignment available for a Travel Registered Nurse RN Post Anesthesia Care Unit PACU....


text: Multifl0w Brings WebOS-Like Multitasking to Your Jailbroken iOS DeviceAdam Dachis1/19/11 11:30amFiled to: DownloadsiosiPhoneipadipod touchJailbreakMultitaskingWebOSCydiaexposeVideoClipsTop1273EditPromoteShare to KinjaToggle Conversation toolsGo to permalink iOS: If you like the elegant flow of flipping through apps as "cards" in WebOS, Multifl0w brings that ability to jailbroken iOS devices. Advertisement In addition to the card-like effects, Multifl0w can also switch through apps in the style of Mac OS X's Exposé. It takes real-time snapshots of apps, providing more information than iOS' existing multitasking features. It's available right now as a quick install from the Cydia store (direct link). Multifl0w ($5) | via ReadWriteWeb Advertisement You can contact Adam Dachis, the author of this post, at email@example.com. You can also follow him on Twitter and Facebook. Gear from Kinja DealsYour Dog Probably Deserves a Casper More than You DoBreville's Smart Grinder Pro is the Coffee Grinder You Should BuyYou Need This 128gB Micro SD Card for $16 Even If You Don't Need The SpaceReply127 repliesLeave a reply


text:
Kendrew BarracksKendrew Barracks, Oakham
Rutland County Museum And Visitor CentreCatmose Street, Oakham
English Heritage: Gainsthorpe Medieval VillageGainsthorpe Road, Hibaldstow
The Goldmark GalleryOrange Street, Uppingham
The Living Ironstone Museum: Rocks By RailAshwell Road, Oakham
The Lodge TrustThe Lodge Main Street, Oakham
Barnsdale GardensThe Avenue, Oakham
Greetham ValleyThe Old Mill Wood Lane, Oakham
It's here! We announce our annual top 100 cultural contributors in Scotland. Check out who made the cut


text:
Candlewood Suites Milwaukee Airport, Oak Creek
- Free WiFi and free parking
Main amenities
- 95 smoke-free apartments
- Breakfast available
- Free airport shuttle
- 24-hour fitness center
- 24-hour business center
- 24-hour front desk
- Coffee/tea in a common area
- Air conditioning
- Library
- Front desk safe
- Convenience store
- ATM/banking services
Feel at home
- Rollaway/extra beds (surcharge)
- Kitchenette
- Cookware, dishware, and utensils
- Stovetop
- Microwave
- Full-sized refrigerator/freezer
What's around
- Mitchell Gallery of Flight (3.1 mi / 4.9 km)
- Mitchell Park Horticultural Conservatory (9.3 mi / 14.9 km)
- South Milwaukee Performing Arts Center (4.2 mi / 6.8 km)
- Crystal Ridge (5.1 mi / 8.2 km)
- Chalk Bluff Park (5.5 mi / 8.8 km)
Candlewood Suites Milwaukee Airport, Oak Creek
Hotel Info: 866-539-8117from $86
- Room, Accessible
- Studio Suite, Accessible
- Studio Suite, 1 Queen Bed, Non Smoking
- Studio Suite, 2 Queen Beds, Non Smoking
- Deluxe Room, Accessible
- Studio Suite, Accessible
- Standard Suite
- Studio Suite, 1 King Bed, Non Smoking
- Suite, 1 King Bed, Non Smoking
More great choices
At a glance
Key facts
Hotel size
- This hotel has 95 rooms
- This hotel is arranged over 3 floors
- Check-in time starts at 3 PM
- Check-out time is noon
Required at check in
- Credit card deposit required
- Government-issued photo ID required
- Minimum check-in age is 21
Travelling with others
- Pets allowed (dogs and cats only) *
- 2 per room
- Free WiFi and wired Internet access in public areas
- Free WiFi and wired Internet access in rooms
- Free airport shuttle (available 24 hours)
- Free train station pickup
- Free self parking (limited)
- Extended parking *
- Free area shuttle within 3.0 mi
Other information
- Smoke-free property
Nearby Two Star Oak Creek hotels
In the hotel
- Breakfast (surcharge)
- Coffee/tea in a common area
- Barbecue grills
- 24-hour fitness facilities
- 24-hour business center
- 24-hour front desk
- Dry cleaning/laundry service
- Laundry facilities
- Free newspapers in lobby
- Number of buildings/towers - 1
- Year Built 2009
- Elevator/lift
- ATM/banking
- Safe-deposit box at front desk
- Picnic area
- Library
- Television in common areas
- Accessible bathroom
- In-room accessibility
- Roll-in shower
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Coffee/tea maker
- Iron/ironing board
- Blackout drapes/curtains
- Premium bedding
- Pillowtop mattress
- Private bathroom
- Shower/tub combination
- Free toiletries
- Hair dryer
- 27-inch flat-screen TV
- Premium TV channels
- DVD player
- Desk
- Free newspaper
- Free WiFi
- Free long-distance calls
- Full-sized refrigerator/freezer
- Microwave
- Kitchenette
- Stovetop
- Cookware, dishware, and utensils
- Dishwasher
- Weekly housekeeping provided
- Connecting/adjoining rooms available
Top Oak Creek hotels
Recently reviewed hotels in Oak Creek
- Milwaukee Athletic ClubFrom
"The staff are exceptionally friendly. The room was very spacious and the beds incredibly comfy. "Dec 5, 2016
- Baymont Inn & Suites WaukeshaFrom
"I enjoyed my stay at this hotel with my children, they enjoyed it as well pool was nice and clean"Dec 5, 2016
- Holiday Inn Express Racine Area / I-94 at Exit 333From
"Very nice stay. Clean, friendly. A few dollars more but well worth it. Best hotel in the area!"Dec 5, 2016
- Hyatt Regency MilwaukeeFrom
"The hotel staff were so helpful and friendly! I was in the Hotel Service industry for over ten years, so I have high expectations when I stay at another hotel. The Hyatt Milwaukee…"Dec 5, 2016
Nearby hotels
Also popular with travelers from the USA
Candlewood Suites Milwaukee Airport, Oak Creek's small print
Also known as
- Candlewood Milwaukee Airport
- Candlewood Suites Hotel Milwaukee Airport
- Candlewood Suites Milwaukee Airport
- Candlewood Suites Milwaukee Airport-Oak Creek Hotel Oak Creek
- Candlewood Suites Milwaukee Airport Aparthotel Oak Creek
- Candlewood Suites Milwaukee Airport Aparthotel
- Candlewood Suites Milwaukee Airport Oak Creek
The property has connecting/adjoining rooms, which are subject to availability and can be requested by contacting the property using the number on the booking confirmation.
Optional extras
Extended parking is available for an extra charge
Rollaway beds are available for USD 15.00 per night
Breakfast costs between USD 1.00 and USD 5.00 per person (approximately)
Pets are allowed for an extra charge of USD 35-85 per pet, per stay
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Excellent 4.1 /5 from 40 reviews
Everything was good, the only complaint is the internet was not good.
great free safe parking
I have seen cleaner hotel rooms in my travels. As an example, there were a few hairs on the sheets under the covers and in the bathroom upon arrival. Overall staff was helpful, only complaint was the cleanliness of the room.
Friendly staff, clean and comfortable
It was just a quick one night overnight. We were supporting an athlete in the triathlon in Racine and we also visited two Frank Lloyd Wright buildings.
Is the description of this hotel not correct? Tell us


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You purchased this item onView this order
Badger Company, Argan Botanical Hair Oil, Jojoba & Baobab, 2 fl oz (59.1 ml)
- You earn loyalty credit for every order you place at iHerb!
- Loyalty credit is equal to 10% of the value of your order, excluding shipping charges.
- Your loyalty credit will be applied towards your next order as soon as your current order has shipped.
- Your loyalty credits are valid for up to 60 days from the date of your last purchase.
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Expiration Date:?Aug 2018Expiration Date
The length of time for the expiration date or "best used before" date depends on the type of product, as well as the brand.
Perishable items (such as flax oils or certain probiotics) generally have shorter expiration dates. Although our warehouse is fully air-conditioned, these more fragile items are put in cold storage (freezer or refrigeration unit) for maximum freshness.
Our receiving department does its best to verify and then enter the correct expiration dates for all incoming products. However, discrepancies do occur from time to time. This being said, the exceptionally high turnover at iHerb ensures that our inventory is among the freshest in the industry.
Shipping Weight:?0.59 lbs (0.27 kg)Shipping WeightThe Shipping Weight includes the product, protective packaging material and the actual shipping box. In addition, the Shipping Weight may be adjusted for the Dimensional Weight (e.g. length, width & height) of a package. It is important to note that certain types of products (e.g. glass containers, liquids, fragile, refrigerated or ice packed) will often require protective packaging material. As such, these products will reflect a higher Shipping Weight compared to the unprotected product.
- Product Code: WSB-31001
- UPC Code: 634084310016
- Package Quantity: 2 fl oz (59.1 ml)
- Dimensions: 1.6 x 1.6 x 5.2 in, 0.35 lbs (0.16 kg)
|Combo Discount:
|- $3.00
- For Dry & Damaged Hair
- Daily Leave-In Conditioning
- USDA Organic
- Moisturize & Repair
- Healthy Body Care
- Certified Organic by NH Dept. or Agr., Mkts., & Food
The Elements Take a Toll...
Badger Pays It.
Each day our hair is exposed to the elements and it serves as one of the first indicators for environmental stressors. The small molecules of Argan Oil penetrate deeply into the hair shaft, moisturizing and protecting. Jojoba balances and restores health to dull hair, while Baobab strengthens the hair cuticle and improves hair elasticity.
Suggested Use
Daily Treatment
Step 1: Apply oil evenly and sparingly to damp, clean hair. Work from the tips to the roots, starting from the back of the head working forward. Amount will vary depending on hair type and length. Use a few drops to 1 pump for normal to thick hair, or a few drops to 2 pumps for thick, dry and damaged hair.
Step 2: Style as usual and enjoy beautifully soft, healthy, shiny hair.
For best results, use daily as a leave-in conditioning oil to maintain hair's vitality and luster.
Ingredients Declaration
*Simmondsia chinensis (jojoba) oil, *helianthus annuus (sunflower) oil, *argania spinosa (argan) oil, *adansonia digitata (baobab) oil, essential oils of *citrus aurantium dulcis (sicilian orange), *citrus aurantium bergamia (bergamot), *santalum album (sandalwood), *cananga odorata (ylang ylang), and tocopherol (sunflower vitamin E).
* = Certified Organic
If you like your hair clean and shiny - dont do it. I tried 3 drops, 1 drop, 1/2 drop - the result is just the same. Put your head into the pan where you fried potato - will look exactly the same. Makes hair look very oily and dirty.
I LOVE this hair oil! I don't agree that it makes Your hair too oily, for me and my thin, dry Scandinavian hair, it is perfect. One pump in towel dry hair. My hair is extra dry because of an accutane/isotretinoin cure, so I'm addicted to this oil. The smell is also really nice.
Too oily for normal nature hair
Posted by 5153548514728116570 on Nov 16, 2016
Even I apply a very small drop on my hair, it will make my hair looks greasy for a whole day. Not recommend to buy.
Best hair oil I've ever tried
Posted by Reviewer2258923 on May 14, 2015
I LOVE this hair oil! I don't agree that it makes Your hair too oily, for me and my thin, dry Scandinavian hair, it is perfect. One pump in towel dry hair. My hair is extra dry because of an accutane/isotretinoin cure, so I'm addicted to this oil. The smell is also really nice.
Excellent choice
Posted by 5092968092234786482 on May 05, 2015
I have been using this argan hair oil for over two years and I always get the same result: soft, silky hair. It is deeply nourishing and I quite often use it as a hair treatment. As for its fragrance, it's adorable! Plus, you know that you don't use those nasty chemicals on your hair. Highly recommended. Also, many thanks to iHerb for the quick and economic service of shipping to Greece!
Good hair oil
Posted by LovelyHoney on Jan 10, 2015
Be warned - this oil is for dry and damaged hair only! If you have normal or oily hair then stay away! I have a dry curly hair and one pump is enough. After washing my hair, I take only one pump of this oil and run it through hair ends and let it air dry. Hair feels amazingly nourished and healthy, and I don't need any more oil up until the next hair wash. If I take more than one pump I end up with weird oily hair, so be careful with that.
Posted by 5188781755127299532 on Nov 01, 2014
If you like your hair clean and shiny - dont do it. I tried 3 drops, 1 drop, 1/2 drop - the result is just the same. Put your head into the pan where you fried potato - will look exactly the same. Makes hair look very oily and dirty.


text:
Edgar takes on Aldo for the UFC interim featherweight belt at UFC 200 on July 9th. watch video >>
GSP attended UFC 196, which started a strong rumor that if Conor won that fight, GSP and Conor would fight at UFC 200. Diaz gave his thoughts on that. GSP is rumored to be returning to the UFC this y watch video >>
George Lockhart discussing some of the work he does with Conor McGregor, the fight at UFC 200 and 197, moving up and down from welterweight, lightweight, and featherweight. Also discusses the vegan d watch video >>
Miesha Tate will defend her women's bantamweight title against Amanda Nunes on July 9th at UFC 200. Most expected a rematch between Miesha and Holly to take place at UFC 200, but the UFC might be loo watch video >>
Cat Zingano will fihgt Julianna Pena at UFC 200 on July 9th. Zingano is 33, Pena is 26 Zingano is ranked #3, Pena ranked #5. Pena was arrested in December for allegedly kicking two guys in the groin. watch video >>
Cormier and Jones rematch at UFC 200 on July 9th in Las Vegas. watch video >>
Prediction for Mark Hunt vs Brock Lesnar at UFC 200 on July 9th. watch video >>
http://fightnetwork.com/ - Takanori Gomi speaks on facing Jim Miller at UFC 200, comparisons to larger PRIDE FC events, influences from Muhammad Ali or Antonio Inoki and more. For additional coverag watch video >>
http://fightnetwork.com/ - Jim Miller speaks on being able to fight at both UFC 100 and UFC 200; experience gained from the 18 fights between, speaking on what to take away from a loss, the legend he watch video >>
The UFC officially announced Conor McGregor and Nate Diaz will fight at UFC 202 on August 20th. Their first fight did about 1.5 million pay per views buys. Ariel Helwani thinks this rematch could do watch video >>


text:
About "Fridge Full of Cake" by tides
Birthday cake is appreciated by everyone, even the kitchen appliances. Another rework - hope you like it!
Design by tides
That's cool!
ha! cute!
I wish my fridge was full of cake! 5 :)
lol, I would totally get this card for someone
i do like cake, i wanna eat some now.
Very cute!
so sweeeet!
Cute! I want this :)
Awesome character, nice birthday wish.
Very cute:)


text:
The USDA has established that fiber is an essential part of a healthy diet. The best way to get your fiber is by eating a variety of fruits, vegetables and whole grains every day. If you 'fall short' in your fiber intake, Nature's Answer Liquid Fiber can help you meet your fiber goal.
Nature's Answer Liquid Fiber Supplement provides a healthy dose of daily fiber in a delicious lemon-lime liquid form that is pre-mixed for your convenience. You can take it as is, or add it to your favorite smoothie or beverage without any mixing or stirring.
Polydextrose - a form of fiber that can help you feel full, although it is very low in calories, It also helps to support the growth of beneficial intestinal flora.
FOS Inulin -(Fructo-Oligosaccharides) - a natural fiber extracted from Chicory that offers a delicious sweet flavor. FOS supports the growth of beneficial intestinal flora which promotes a healthy and efficient digestive system.
Citrus Bio-Pectin - A fiber found in all fruits and vegetables. Citrus fruits contain a special pectin that increases fiber intake while it supports the immune system.
As a dietary supplement take 1 oz (2 tablespoons) daily or as directed by a healthcare practitioner. Nature's Answer Liquid Fiber can be taken "as is" or added to any food or beverage. Always consume adequate amounts of water throughout the day when taking fiber products. Shake well before use. Refrigerate after opening.
View All Nature's AnswerView All Vitamins & Minerals > Condition-Specific > Digestive Health > Fiber
Other Ingredients
Purified water, polydextrose, inulin/FOS (from chicory), acacia gum, maltodextrin, potassium sorbate, natural flavors, citrus bio-pectin, citric acid, sodium citrate.
Warnings: Consult your healthcare practitioner before use with serious health conditions or it taking prescription medications. Do not use if pregnant or nursing. In case of intestinal discomfort during use, reduce amount or discontinue use of the product.


text:
The German ocean carrier's employees demonstrated Friday in Hamburg, seeking job protection in the wake of the announcement that the company will be acquired by Maersk Line.
American Shipper is gathering feedback from shippers, carriers, and others to better understand perspectives on how well the Federal Maritime Commission is doing as chief U.S. regulator of the shipping industry.
The shipping research and consulting firm attributed November's year-over-year increase in idled containership capacity to the Panama Canal's new locks, which made smaller containerships less attractive, along with Hanjin's bankruptcy.
Registration takes less than 1 minute.
The mid-Atlantic port is moving quickly to make large strategic investments in marine and inland terminals after years of relative neglect.
PortMiami's box volume for the fiscal year ended Sept. 30 was slightly below that handled at nearby Port Everglades.
The future size of feeder vessels will determine how much the legacy locks at the Panama Canal will be utilized by ocean carriers, compared to the new section for big ships.


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Groups of 25+ can request discounted tickets & concessions in advance of a regularly scheduled film.
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The joke will never be on you in these officially licensed Joker socks! Featuring the mad clown himself, these socks are perfect for casual wear, or for seeing the Suicide Squad movie.
(based on 1 review)
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Best socks ever
By Tiffany
from undisclosed
Comments about Spencer's Joker Suicide Squad DC Comics Crew Socks:
It was super hard to find the joker socks. I love them very much. I'm glad I was able to get them. They are perfect
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text:
Chicken With Cranberry-Hoisin Sauce
Total Time
Prep 0 mins
Cook 30 mins
From Light & Tasty Magazine Aug/Sept. 2007. Originally submitted by Mary Lou Foley of London, Ontario.
Ingredients Nutrition
- 1⁄4 cup all-purpose flour
- 1⁄2 teaspoon salt
- 1⁄4 teaspoon pepper
- 6 boneless skinless chicken breast halves (4 oz. each)
- 1 teaspoon canola oil
- 1 (14 ounce) can unsweetened pineapple tidbits
- 3 tablespoons hoisin sauce
- 2 tablespoons reduced sodium soy sauce
- 1 tablespoon honey
- 2 teaspoons rice wine vinegar
- 1 garlic clove, minced
- 1⁄2 teaspoon hot pepper sauce
- 1⁄4 cup dried cranberries
- In a large resealable bag combine the flour, salt, and pepper. Add chicken, one piece at a time, shake to coat.
- In a large nonstick skillet coated with nonstick cooking spray, cook chicken in oil over medium heat for 5-6 minutes on each side or until juices run clear. Remove and keep warm.
- Reserve 1/3 cup pineapple and 1/3 cup pineapple juice (save remainder for another use).
- In the skillet, combine the hoisin sauce, soy sauce, honey, vinegar, garlic, pepper sauce, and reserved pineapple juice.
- Stir in the cranberries and reserved pineapple. Cook and stir until mixture comes to a boil. Reduce heat; simmer, uncovered, for 2 minutes. Serve with chicken.
Most Helpful
Like TeresaS I scaled this recipe down to two and served it with bone in breasts as that is what I had on hand. I made the initial sauce with a bit of extra juice and used that to baste the chicken breasts and served the remaining sauce reduced as directed as an accompaniment. I think this work better with crushed pineapple. Thanks!
This is so yummy! I didn't have tidbits of pineapple so used chunks. Otherwise made as posted. I cut the recipe down to serve 2 and it worked great. I enjoyed the fruitiness of this dish while DH didn't. He's not crazy about having fruit with his meat. Thanks for posting. :)
Made for the *Pet Parade* event & I made my own hoisin sauce for it too using Recipe #312992 by Alskann. Chicken breasts here are lrg & thick, so I used my meat mallet to get them to cutlet thickness. I did use more oil than stated as I wanted the chicken crispy. Altho not in the recipe, I chopped the cranberries a bit & plumped them in the excess pineapple juice. The sauce is very thin & I decided at the end to mix 1/2 tsp cornstarch w/part of the liquid for a slight thickening effect & that worked well. All that said, this dish is so easy-to-fix & was a treat to eat w/fried rice. Thx for sharing your recipe w/us. :-)


text:
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Outstanding value for a private wash lot! This beautifully upgraded Nice model has it all. Centrally located in the community it is close to the rec center and backs up to the desert wash. With a neighbor to only one side you can enjoy privacy on the extended cobblestone patio while admiring the distant mountain views. Features of this home include a gas fire pit, built-in charcoal BBQ, wireless keypad deadbolt for keyless entry, upgraded SS appliances that include counter depth French door Refrigerator, under cabinet lighting, gas cooktop, granite countertop in kitchen, upgraded tile backsplashes/surrounds in kitchen/baths, clear glass shower enclosure at Master/Guest Baths, water softener, upgraded carpet/tile throughout, honeycomb blinds, FLEX space at utility & more. See documents ta


text:
I am grateful to A. R. Gillis, Hiromi Ishizawa, Tim F. Liao, Michael Long, Mary McKillip, Jennifer Ortman, Ilana Redstone Akresh, Gray Swicegood, and the journal reviewers for helpful comments in the preparation of this manuscript. This research was supported by NICHD grant HD047299-01.
The Age-Length-Onset Problem in Research on Second Language Acquisition Among Immigrants
Version of Record online: 3 NOV 2006
DOI: 10.1111/j.1467-9922.2006.00392.x
© 2006 Language Learning Research Club, University of Michigan
Language Learning
Volume 56, Issue 4, pages 671–692, December 2006
Additional Information
How to Cite
Stevens, G. (2006), The Age-Length-Onset Problem in Research on Second Language Acquisition Among Immigrants. Language Learning, 56: 671–692. doi: 10.1111/j.1467-9922.2006.00392.x
Publication History
- Issue online: 3 NOV 2006
- Version of Record online: 3 NOV 2006
- Revised version accepted 21 April 2006
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text:
Remote TSP
The Remote TSP (Remotesp.tsp) provides access to communications resources not local to the current computer, such as a PBX. When the Remote TSP is configured to point to a given server, resources appear to a local application as if they existed on the user's computer.
Tcmsetup is a command-line utility that enables configuration of a Remote TSP. For more information about this utility, see Windows Help or the Windows Resource Kit.
The Remote TSP is installed with Windows Server 2003 operating systems, Windows XP, Windows 2000, Windows NT, Windows Me, Windows 98, and Windows 95 operating systems.


text:
Disinfo.com readers will undoubtedly remember Monday's post about four Haitian children beaten to death during an exorcism. Here is a similar case, this time from Malaysia: A three year-old girl has suffocated during what is reported to be a 20 hour exorcism:
"Acting on a tip-off, police entered the house and broke down a bedroom door only to find eight people including a foreign maid covered with a blanket and with the victim pinned under them," he said.
"They were chanting in the room. Police believe they were involved in an exorcism ritual to drive away evil spirits."
The Star newspaper said the ritual had lasted 20 hours. Azman said the ritual had continued for many hours but could not confirm how many.
Latest posts by Disinformation (see all)
- Reconnecting with the Beauty of the Pure Black Night Sky in the Age of Light Pollution - Nov 29, 2016
- A Message for 'Disinfomedia' - Nov 27, 2016
- Explaining the Inexplicable - Nov 3, 2016


text:
Men's Los Altos pointed toe boots. Features genuine python skin a 13" leather upper with a comfortable 1 1.5" western heel. Available colors in Black, Rustic Brown, Brown & Natural.
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text:
Forest Mage
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|English name
|Video game debut
|Mage, Forest
The Forest Mage is one of the Mages in Yu-Gi-Oh! Forbidden Memories. He is located at the Forest Shrine. The Prince must defeat him before proceeding to High Mage Anubisius to duel for the Millennium Key.


text:
|All purpose flour
|1 1⁄2 Cup (24 tbs)
|Baking powder
|2 Teaspoon
|3⁄4 Teaspoon
|3 Tablespoon
|3⁄4 Cup (12 tbs)
Measure flour, baking powder and salt into bowl.
Cut in shortening thoroughly, until mixture looks like meal.
Stir in milk.
Drop dough by spoonfuls onto hot meat or vegetables in boiling stew.
Cook uncovered 10 minutes.
Cover; cook about 10 minutes longer or until dumplings are fluffy.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size
Calories 119 Calories from Fat 46
% Daily Value*
Total Fat 5 g8.1%
Saturated Fat 1.5 g7.3%
Trans Fat 0.6 g
Cholesterol 1.7 mg0.6%
Sodium 231.6 mg9.7%
Total Carbohydrates 15 g5.1%
Dietary Fiber 0.51 g2%
Sugars 0.9 g
Protein 2 g5%
Vitamin A 0.3% Vitamin C
Calcium 9.6% Iron 5.5%
*Based on a 2000 Calorie diet


text:
You have until Feb 1, 2017 to return or exchange items purchased between Nov 1, 2016 and Jan 1, 2017.
All other standard return policy conditions apply.
Now Viewing:
Product Highlights
You Pay: $9.99
Protect your Orbic Slim with the Orbic Slim Case in clear. This easy-to-install case protects your device against scratches, fingerprints, and bumps and features an ergonomic rubber grip.
|Orbic Slim
|Not specified by manufacturer
|Not specified by manufacturer
|Packaging Info
|Package Weight
|0.1 lb
|Box Dimensions (LxWxH)
|6.7 x 4.5 x 0.5"


text:
Dude, I dunno. Might be added to later.
Ambulance chasers following dusty paper trails...never gonna find anything.
Distorted, heartbreaking beats...heartbreaking hearts. Beating hearts demolished...shot dead. BOOM. Life.
Just about bulling
I can't even. God.
Kind of going through the relationship my brother and I had with my father from start to finish. Just what I wish I could say to him.
The only person you felt cared is gone. What now?
Rawr, poetry.


text:
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March 4, 2010
DONNA TSITSOULAS, PLAINTIFF-RESPONDENT,v.LAZAROS TSITSOULAS, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Morris County, Docket No. FM-14-260-96.
Submitted November 30, 2009
Before Judges Lisa and Alvarez.
Defendant Lazaros Tsitsoulas appeals from a January 16, 2009 order denying his application for enforcement of litigant's rights related to visitation with his children and denying relief as to certain financial issues. We hereby reverse and remand.
Some history is necessary to understand this appeal. Plaintiff Donna Tsitsoulas and defendant divorced on June 8, 2000, however, a final amended dual judgment of divorce was not entered until August 29, 2001. The parties were awarded joint legal custody of their two sons, although plaintiff has always been the children's primary caretaker.
Subsequent to the entry of the amended dual judgment of divorce, dozens of motions and cross-motions were filed, mainly by defendant, related to visitation. Suffice it to say that on May 1, 2006, an order was entered requiring defendant to attend a minimum of ten counseling sessions with a psychologist. The order further directed that the psychologist issue a written report for the court's consideration, including an evaluation of defendant's relationship with his sons and analysis of the effect that his conduct was having upon them. The 2006 order is not entirely clear as to the purpose of the report; it is clear that the court anticipated that father and sons would benefit from treatment.
The younger son, born in 1994, has refused to see his father since September 2004. The older child, born in 1992, had expressed some willingness to visit with defendant, but has not done so in approximately two years.
The most significant provision in the 2006 order was that defendant was barred from making "any application to the [c]court relating to resumption of parenting time visits with [the younger child] until after the [c]court receives the psychologist's report...." Defendant was granted limited visitation with the older son, whom he was required to pick up and return curbside at plaintiff's home.
The 2006 order was appealed by defendant on the grounds a plenary hearing should have been conducted prior to this major change in parenting time. We affirmed the 2006 order on December 7, 2007. Tsitsoulas v. Tsitsoulas, No. A-1823-06 (App. Div. Dec. 7, 2007). The appeal focused exclusively on visitation.
According to the certification defendant filed in support of the application resulting in the January 16, 2009 order now being appealed, plaintiff never cooperated with the evaluation process. The psychologist defendant contacted after entry of the 2006 order, wrote a letter advising him that it would cost between $8,000 and $10,000 to perform the necessary work, including the court-mandated review of prior court orders, letters, and extensive transcripts. The psychologist opined that it would be in the best interests of the children if he worked with the family as a therapist instead of an expert witness preparing a report. As he put it, he wanted to focus "on re-unification" immediately because it would be "easier on the children and much less costly" than the preparation and submission of the evaluation and report mandated by the 2006 order. The psychologist also opined that the inherent conflict between the role of therapist and expert witness made compliance with the order impossible. As a result, defendant returned to the psychologist he and plaintiff had consulted for treatment in prior years, and he continued in therapy intermittently until as recently as 2008. Neither the children nor plaintiff, of course, were involved in the treatment. Defendant perceived himself to be stymied in his compliance with the order.
Defendant has not seen his younger child in almost six years and has not seen his older son in about two years. Although the children have defendant's phone number, they do not call him. He claims he does not have a number to call them, although plaintiff claims in her undated and uncertified letter sent in opposition to his motion that defendant knows the children's phone number and merely chooses not to call. The older boy will be eighteen this fall. The younger will be sixteen this spring.
While defendant's appeal of the 2006 visitation order was pending, on June 29, 2007, the Morris County Probation Department created a fund in court "to secure" defendant's child support obligations. In 2007, as now, defendant paid $106.55 in weekly child support. He was not noticed in advance of the entry of the 2007 "sua sponte order" that created the account. Defendant had previously accumulated arrears of as much as $4000 on his child support account, although we cannot ascertain if he was in arrears when the "sua sponte" order was issued. There are no arrears at present. The fund consisted of approximately $98,090.59, the entire net proceeds defendant realized from the sale of some Pennsylvania real estate. The sua sponte order states:
2. Probation shall place and apply the entire amount of the net proceeds as a bond payment to secure the payment of defendant's obligations under New Jersey law to support his children, including without limitation, any contribution that defendant is required to make toward any higher education pursued by either child.
4. After both of the parties' children are emancipated, if there are any funds remaining in the bond account established by probation pursuant to this order, they shall be paid over to defendant without interest.
5. Once probation receives the net proceeds and establishes the bond account to secure defendant's obligations, it shall adjust the enforcement mechanisms that probation employs on defendant's account to reflect that probation has a source of funds to satisfy defendant's obligations if he fails to discharge them on a timely basis.
The cursory "statement of reasons" attached to the order indicates that the probation department "has requested this further order... implementing... the court's April 23, 2007 order." We do not have a copy of the April order.
The January 16, 2009 order again awarded defendant parenting time with the parties' older child and changed the pick-up and return point for visitation from plaintiff's home to the boy's school. Plaintiff was not in court when the January 16 hearing was held; her participation was limited to the letter previously referred to, in which she objected to all the relief sought by defendant. In his motion, defendant had sought parenting time with the parties' younger son in reunification therapy at a psychologist's office. Defendant also sought to have plaintiff sanctioned for her continued failure to honor prior court orders as to visitation with the older son. Additionally, defendant sought the release of a portion of the fund held by probation, $80,000 specifically, and reimbursement by plaintiff of $2150.43, representing one-half of the proceeds paid to the parties in a UBS Financial Services account close-out check pursuant to the divorce decree. According to defendant, plaintiff wrongfully retained the full $4300.86, even though the parties had agreed to divide the proceeds equally. Defendant's request for counsel fees was also denied.
In making her decision, the Family Part judge orally referenced a statement of reasons issued as to a May 20, 2008 order. We have neither a copy of the May 20, 2008 order nor a copy of the statement of reasons attached to the order. The judge made additional comments discussed below.
Setting aside this somewhat tortured history for the moment, the record establishes that when the motion judge issued the January 2009 order, she incorrectly believed that the creation of a child support "bond account" with probation was sanctioned by our prior decision on the appeal. It was not. The issue was not raised by defendant on that appeal.
We also note that no statute or court rule authorized the creation of this non-interest-bearing fund. Even if such authority was inherent in the Family Part's equitable powers, notice should have been provided and a hearing should have been conducted before entry of the order. No notice was provided. No hearing was conducted. Fundamental considerations of due process may have been ignored, although without the complete record of proceedings leading to the issuance of the "sua sponte" order, we are reluctant to draw that conclusion.
Nonetheless, the fund is many thousands of dollars greater than seems necessary and is not in an interest-bearing account. Therefore, we exercise original jurisdiction pursuant to R. 2:10-5 and order that the funds be immediately turned over to defendant. The matter is remanded for the entry of a judgment to that effect.
On appeal, counsel asserts that the UBS money was not addressed prior to this most recent application; this is unlikely. Many years have passed and many motions filed since the issuance of that May 10, 2005 check. Even defendant's attorney cannot be certain that this subject has not been previously addressed. Furthermore, given the extensive litigation between the parties, if defendant failed to previously raise the issue, his silence in our view is equivalent to a waiver of the right to seek enforcement of the order. See Belfer v. Merling, 322 N.J. Super. 124, 139 (App. Div. 1999) (the intentional relinquishment of a known right, or waiver, can be inferred from silent acquiescence to a particular set of circumstances over a period of time).
Judges of the Family Part are called upon daily to make difficult decisions that have an immediate impact on children and their parents. Abouzahr v. Matera-Abouzahr, 361 N.J. Super. 135, 157 (App. Div. 2003). We accord great deference to the factual findings made by Family Part judges and to the conclusions they derive from those findings. Ibid. We only accord that deference, however, when the judge's factual findings are "supported by adequate, substantial, credible evidence." Cesare v. Cesare, 154 N.J. 394, 411-12 (1998) (citing Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474, 484 (1974)). If "they are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice," or if a palpable abuse of discretion has occurred, they will not be sustained. Id. at 412 (internal quotations omitted). We reverse solely when legal "conclusions are so 'clearly mistaken' or 'wide of the mark'" that they deny justice to a litigant. N.J. Div. of Youth & Family Servs. v. E.P., 196 N.J. 88, 104 (2008) (quoting N.J. Div. of Youth & Family Servs. V. G.L., 191 N.J. 596, 605 (2007)).
During the January 16, 2009 hearing, the motion judge forbid defendant's counsel from addressing defendant's visitation with the younger child because the conditions found in the 2006 order and affirmed in the 2007 appeal, had not been met. In fact, the judge advised counsel that if he raised the subject again, without defendant having first complied with the order, she would impose sanctions. She stated, "if we're going to continue to re-litigate those matters that have been litigated before, I'm going to impose sanctions because there's a cost on this Court for addressing it." The record is unclear on this point but she may have been referring not only to visitation with the younger child, but to the funds held by probation. It is clear from the record that in the judge's view, the problems with visitation were "the defendant's own doing."
By adhering to an order issued four years ago and affirmed three years ago, the court has left defendant with no recourse as to visitation with his younger son. As to the older child, since plaintiff was not present and no plenary hearing was conducted, although the meeting point was changed, defendant gained no enforcement of prior visitation orders. Changing the meeting point had no effect on the status quo. A plenary hearing with plaintiff's participation, assuming it can be obtained, is necessary in order for the court to determine what relief, if any, should be granted.
Realistically, it may be too late for defendant's relationship with his children to ever improve as a result of judicial intervention. Plaintiff may refuse to participate in a plenary hearing as to visitation, and the children, who are now teenagers, may refuse any contact with their father. It is clear, however, that whatever difficulties the court may experience in dealing with these parties and their claims, it is the court's responsibility to at least attempt to adjudicate their legal issues.
It is one thing for plaintiff to take the view, as she did in her letter:
I ASK YOUR HONOR HOW MANY TIMES CAN DEFENDANT [DISAPPEAR] FOR YEARS AT A TIME WITHOUT ANY CONTACT WITH THE CHILDREN AND THEN BE ALLOWED TO RESURFACE OUT OF THE BLUE ASKING AGAIN FOR YET ANOTHER BITE IN THE APPLE, AS YOUR HONOR ALSO STATES IN YOUR ORDER???????????? (Da147)
The motion court, however, is charged with fostering the best interests of the children, no matter how frustrating the parents. The courtroom door is to be kept open, not slammed shut because a litigant cannot meet now-impossible conditions.
At this juncture, to compel defendant to hire a therapist to review past court documents, to meet with him at least ten times, to meet with the boys and possibly plaintiff, to issue a report analyzing the damage defendant's conduct may have inflicted on his children, etc., no longer serves a purpose. The circumstances have now changed and warrant another approach to the impasse, regardless of who is "to blame."
Accordingly, we reverse the motion judge's refusal to consider defendant's application because he did not comply with the prior order. It works an injustice upon father and sons not warranted by the credible proofs on the record. He is entitled on these limited facts given the passage of time, and the unintended dead-end created by the 2006 order, to try yet again to rectify the situation with regard to his children. Therefore, the court shall conduct a plenary hearing as to visitation in which both parents participate and shall attempt to fashion an order that affords some relief to this litigant. We deliberately avoid comment on the outcome, confident that "the family courts' special jurisdiction and expertise in family matters" will serve as a guide to a fair proceeding and reasonable result. Cesare, supra, 154 N.J. at 413.
We find the remainder of defendant's points on appeal so lacking in merit as to not warrant further discussion in a written opinion. R. 2:11-3(e)(1)(E).
Accordingly, the matter is remanded so that defendant's fund in court may be returned to him forthwith, and a judgment entered to that effect. The matter is also remanded for the court to conduct a plenary hearing intended to afford defendant some means whereby he can resume contact with his sons.
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May 16, 2011
JAMES W. ADEE,PLAINTIFF,v.JEFFREY BEARD , ET AL., DEFENDANTS
I. Background
Plaintiff James W. Adee ("Adee") filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 6, 2011. At the time, Adee was confined at the State Correctional Institution at Coal Township (SCI-Coal Township), Pennsylvania.*fn1 Along with the complaint Adee also filed a motion seeking the appointment of counsel in this matter (Doc. No. 4), and a motion for the issuance of a temporary restraining order (Doc. No. 5).*fn2 Named as Defendants in the complaint are various Pennsylvania Department of Corrections officials, as well as SCI-Coal Township officials and employees. Adee claims that Defendants violated his right to adequate medical care under the Eighth Amendment with respect to an ankle injury he sustained on August 16, 2010, while confined at SCI-Coal Township, and his requests for treatment thereafter. He also sets forth conspiracy and state law claims. Adee seeks compensatory, punitive and equitable relief. For the reasons that follow, the motion for counsel will be denied, without prejudice, and service of the complaint will be directed.
II. Discussion
In moving for the appointment of counsel Adee argues that: (1) he is not experienced in the law and is unable to compete with Defendants' counsel; (2) the appointment of counsel will expedite this matter; (3) an attorney is better equipped to prepare an amended complaint, if necessary; and (4) counsel is able to investigate his claims. (Doc. No. 4 at 1-2.)
The district court's authority to appoint counsel to represent an indigent litigant in a civil case derives from 28 U.S.C. § 1915(e)(1) which proves that the court may request an attorney to represent any person unable to afford counsel. Under this section the district court has broad discretionary power. Montgomery v. Pinchak, 294 F.3d 492, 499 (3d Cir. 2002)(citing Tabron v. Grace, 6 F.3d 147, 153 (3d Cir. 1993)); Ray v. Robinson, 640 F.2d 474, 477 (3d Cir. 1981). The United States Court of Appeals for the Third Circuit has stated that the appointment of counsel for an indigent litigant should be made when circumstances "indicate the likelihood of substantial prejudice to him resulting, for example, from his probable inability without such assistance to present the facts and legal issues to the court in a complex but arguably meritorious case." Smith-Bey v. Petsock, 741 F.2d 22, 26 (3d Cir. 1984).
The initial determination to be made by the court in evaluating the expenditure of the "precious commodity" of volunteer counsel is whether the plaintiff's case "has some arguable merit in fact and law." Montgomery, 294 F.3d at 499. For purposes of this motion, the Court will assume that Adee's case has arguable merit in law and the facts.
Next, upon successfully clearing the above hurdle, other factors to be examined are:
1. The plaintiff's ability to present his or her own case;
2. The difficulty of the particular legal issues;
3. The degree to which factual investigation will be necessary and the ability of the plaintiff to pursue investigation;
4. The plaintiff's capacity to retain counsel on his or her own behalf;
5. The extent to which a case is likely to turn on credibility determinations; and
6. Whether the case will require testimony from expert witnesses. Montgomery, 294 F.3d at 499 (citing Tabron, 6 F.3d at 155-57).
The pending motion fails to set forth any special circumstances or factors that would warrant the appointment of counsel at this time. Tabron, 6 F.3d at 155-56. The pleadings submitted thus far do not contain complicated legal issues. Adee is clearly able to litigate this action on his own as evidenced by the docket in this case. He has filed a very detailed complaint in this matter, as well as submitted motions that cite to relevant legal authority. This clearly implies that he has the ability to understand and present relevant legal authority. Further, to the extent that Adee argues in his motion that he is limited by his incarceration, he has since been released from prison and is now able to conduct any necessary investigation. For these reasons, it cannot be said, at least at this point, that Adee will suffer substantial prejudice if he is required to proceed with the prosecution of his case on his own. This Court's liberal construction of pro se pleadings, Haines v. Kerner, 404 U.S. 519 (1972), coupled with Adee's apparent ability to litigate this action, weigh against the appointment of counsel. His pending motion will be denied. If future proceedings demonstrate the need for counsel, the matter may be reconsidered either sua sponte or upon a properly filed motion. In addition, service of the complaint will be directed. An appropriate order is attached.
JAMES W. ADEE, Plaintiff, v. : JEFFREY BEARD, et al., Defendants
AND NOW, this 16th day of May, 2011, IT IS HEREBY ORDERED THAT:
(Chief Judge Kane)
1. Plaintiff's motions for leave to proceed in forma pauperis (Doc. Nos. 2, 10) are construed as motions to proceed without full prepayment of fees and costs, and the motions are granted.*fn3
2. Plaintiff's motion for counsel (Doc. No. 4) is denied without prejudice.
3. Plaintiff's motion for injunctive relief (Doc. No. 5) is denied as moot.
4. The Clerk of Court is directed to forward Plaintiff's complaint (Doc. No. 1), along with a copy of this order, to the United States Marshals Service for service upon the named defendants.
YVETTE KANE, Chief Judge Middle District of Pennsylvania
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Robin Leach and Steve Aoki - DJ/Producer Steve Aoki receives the "Brenden Celebrity Star" at Brenden Theatres Inside Palms Resort Hotel & Casino - Las Vegas, Nevada, United States - Saturday 7th March 2015
Robin Leach - Holly Madison hosts the 2014 Las Vegas Great Santa Run at Las Vegas Fremont Street Experience - Las Vegas, Nevada, United States - Saturday 6th December 2014
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We begin with Beth Naef, a Las Vegas real estate broker who herself is about to move into a luxurious home she will be unable to afford if interest rates rise. Cut to Robin Leach hanging out in the opulent Venetian Resort Hotel Casino talking about how no one would watch a show called Lifestyles of the Poor and Unknown. Americans want to have things whether they can afford them or not.
Continue reading: Maxed Out: Hard Times, Easy Credit And The Era Of Predatory Lenders Review
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Thesearethe proceedings ofthe Third IFIP WG 8.1 Working Conferenceonthe PracticeofEnterpriseModeling, heldinDelft (The Netherlands)onNovember9 and10, 2010.ItfollowedthesuccessofPoEM2008and2009(bothheldinSto- holm), which each attracted over 50 participants from all over the world, r- resenting both industry and academia. This indicates that enterprise modeling (EM) has gainedpopularity both in the academic community and among prac- tioners. The interactive format of the previous conferences sparked constructive interaction between researchand practice. PoEM2010 further strengthened this interaction. The PoEM conferences contribute to establishing a dedicated forum where theuseofEMinpracticeisaddressedbybringingtogetherresearchers, usersand practitioners. The main focus of PoEM is EM methods, approaches, and tools, and how they are used in practice. The goal of the conference was to further a better understanding of the practice of EM and improve the theory behind the practice, contributing to improvedEMpractice and to the sharingof knowledge. For this third edition, the founders of PoEM, Anne Perssonand Janis Stirna, passed the torch for the ?rst time; we hope we lived up to the high standards set by them and thank them for their initiative, commitment, and excellent work. PoEMwill return to Scandinavia next year, and will remain to do so everyotherAdapting UML Activity Diagrams for Mobile Work Process Modelling: Experimental Comparison of Two Notation Alternatives Sundar Gopalakrishnan, John Krogstie, and Guttorm Sindre Department of Computer and Information Scienceanbsp;...
|The Practice of Enterprise Modeling
|Patrick van Bommel, Stijn Hoppenbrouwers, Sietse Overbeek, Erik Proper, Joseph Barjis
|Springer Science & Business Media - 2010-10-29


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November 13, 1984
JOSEPH C. BARTOLOMIE, Plaintiff, v MARGARET M. HECKLER, Secretary of Health and Human Services, Defendant.
NEAL P. McCURN, D.J.
The above matter comes to me following a Report and Recommendation of Magistrate Ralph W. Smith, Jr., duly filed on the 24th day of April 1984. Following ten days from the service thereof the Clerk has sent me the entire file, including the objections filed by the plaintiff herein.
Magistrate Smith has recommended that the complaint be dismissed for lack of subject matter jurisdiction, the plaintiff having failed to comply with the jurisdictional time requirements set forth in 42 U.S.C. § 405(g).
This action was brought by the plaintiff under 42 U.S.C. 405(g) seeking a reversal of a decision by the Secretary of Health and Human Services (Secretary) finding plaintiff ineligible for disability benefits.
Plaintiff applied for disability insurance benefits for a period of disability beginning April 30, 1979. Plaintiff's claim was denied initially and on reconsideration, and on timely application was heard de novo before an Administrative Law Judge (ALJ) rendering a decision denying benefits on July 9, 1980. The plaintiff then retained the services of John S. Hogg, an attorney at law experienced in social security matters. The plaintiff by his attorney then timely filed a request for review with the Appeals Council. The decision of the Secretary was approved by the Appeals Council on September 25, 1980. On October 2, 1980 a certified letter, dated September 25, 1980, was mailed to the plaintiff at his home address and a copy allegedly mailed to Attorney Hogg. The letter informed the plaintiff that there was no basis for granting a request for review and that the hearing decision stands as the final decision of the Secretary. The letter further informed the plaintiff that he had 60 days in which to commence a civil action from the date of receipt of the letter and that it was presumed that the letter was received within 5 days after the date of the letter unless a reasonable showing was otherwise made. On October 6, 1980, the copy of the letter was allegedly received and signed for by plaintiff.
On December 29, 1980, Attorney Hogg wrote the Appeals Council inquiring as to the status of the claimant's case. On January 30, 1981 the Appeals Council responded to Attorney Hogg's letter enclosing a copy of its decision of September 25, 1980. This was received by Attorney Hogg on February 4, 1981 and the complaint in the instant action was filed on March 31, 1981. The defendant then moved to dismiss the complaint on the ground that the court lacked jurisdiction, the complaint having been filed more than 60 days after the claimant's mailing to him of the notice of adverse decision by the Secretary. 42 U.S.C. § 405(g). Despite plaintiff's objection that motion was granted by Howard G. Munson, Chief Judge, by Order filed August 5, 1981. Thereafter, upon application of the plaintiff, Chief Judge Munson's Order was vacated by Order of this court filed on December 3, 1981 and the defendant was directed to answer the complaint with permission to raise the same jurisdictional issue. Defendant then answered and filed a separate motion to dismiss which was opposed by plaintfiff.
It appeared upon the argument of that motion that plaintiff denied that he had in fact signed the postal receipt for delivery of the Appeals Council notice, as alleged, on October 6, 1980 and denied that he had ever received notice of same until response to his attorney's inquiry which was received on February 4, 1981. It was plaintiff's contention that therefore his complaint was filed timely and well within the 60 day requirement. This court then referred the matter to Magistrate Smith to hold an evidentiary hearing and make a determination of fact in regard thereto.
The court now has before it magistrate Smith's Report and Recommendation wherein he finds that the plaintiff did receive notice on October 6, 1980 based upon his finding that the signature on the October 6, 1980 delivery notice was that of plaintiff. The Magistrate further found that his representative and counsel of record, Mr. Hogg, did not receive the said notice, apparently as a result of the lack of a street address and proper zip code. The Magistrate then went on to recommend that the complaint be dismissed for lack of subject matter jurisdiction pursuant to the time requirement set forth in 42 U.S.C. § 405(g).
The plaintiff objects to the Magistrate's report on three grounds. First, he alleges that the complaint was filed within 60 days of the plaintiff's effective receipt of the determination of the Appeals Council. Second, he alleges that there was no evidence in the record that the document which was mailed to the claimant on October 2, 1980 was, in fact, a decision made by the Appeals Council. Third, he puts forth the proposition that when a claimant is represented by counsel limitation of time is measured from the date of receipt of notification by counsel.
The second contention of plaintiff, i.e., that the September 24 notice mailed October 2 was ineffective because of lack of proof that an Appeals Council member prepared or issued the document as a decision of the Appeals Council, is without merit.
As to the argument that the complaint was timely filed, the court notes that jurisdiction under 42 U.S.C. § 405(g) exists when the complaint is filed within 60 days of the receipt therefore rather than mailing, as set forth by Magistrate Smith. Receipt thereof is presumed to be 5 days after the date of such notice unless there is reasonable showing to the contrary. 20 C.F.R. § 422.210(c). The Magistrate's report errs when it states that the complaint must be filed within 65 days of mailing. It must be filed within 60 days of receipt. Matsibekker v. heckler, No. 83-6232, slip op. (2d Cir. June 26, 1984). There is a presumption that receipt occurred 5 days thereafter. Here, the Appeals Council notice of decision was dated September 25, 1980. The presumption that it was received 5 days thereafter has been rebutted by the Secretary's proof that it was not even mailed until october 2, 1980. This fact is of no moment, however, because suit was not commenced until March 31, 1980. Sixth days had elapsed in any event.
The decisive question revolves around the actual date of receipt. The Magistrate has found that it was received on October 6, 1980. The Magistrate based his decision primarily on Exhibit D which purportedly contained the signature of the plaintiff which the Magistrate found was a facsimile of and corresponded to other signatures of the plaintiff contained in the Secretary's file.
However, the court finds that the third basis for objection made by plaintiff to the Magistrate's report is well taken. The Magistrate found, and there is ample support in the record and I accept his finding, that notice was never served on or received by the plaintiff's attorney. The Secretary's regulations require that a representative of claimant shall be sent notice and a copy of any administrative action, determination, or decision.20 C.F.R. 404.1714(b).
Here it is undisputed that plaintiff was represented by an attorney and the Secretary was aware of same. Although the regulation does require notice of administrative action, determination, or decision to be sent to a representative (attorney), it does not provide that the failure to send such notice will negate notice to the claimant. Logic and elementary fairness, however, dictate otherwise. This principle has been adopted by the New York Court of Appeals in Bianca v. Frank, 43 N.Y.2d 168, 401 N.Y.S.2d 29, 371 N.E.2d 792, where the court observed:
. . .[F]undamental policy considerations . . . require that once counsel has appeared in a matter a Statute of Limitations or time requirement cannot begin to run unless that counsel is served with the determination or the order or judgment sought to be reviewed. . . .
Indeed, once a party chooses to be represented by counsel in an action or proceeding, whether administrative or judicial, the attorney is deemed to act as his agent in all respects relevant to the proceeding. Thus any documents, particularly those purporting to have legal effect on the proceeding, should be served on the attorney the party has chosen to handle the matter on this behalf.This is not simply a matter of courtesy and fairness; it is the traditional and accepted practice which has been all but universally codified. . . . Matter of Bianca v. Frank, 43 NY2d 168, 173, 401 N.Y.S.2d 29, 371 N.E.2d 792 .
Although examination of the federal case law reveals no decisions directly on point, support for the requirement for notice to an attorney of record can be found in Penner v. Schweiker, 701 F.2d 256 (3rd Cir. 1983); Chiaradonna v. Schweiker, 569 F. supp. 1471 (Ed. PA 1983).
Accordingly, the court finds that the plaintiff did not receive the notice required by 42 U.S.C. § 405(g) until February 4, 1981, and that the action herein was timely commenced within 60 days thereof. The court finds that subject matter jurisdiction is present here.
It is therefore,
ORDERED, that the matter is referred back to Magistrate Smith for consideration of whether the Secretary's filing of ineligibility of the plaintiff for disability benefits is supported by substantial evidence and for his Report and Recommendation to the court thereon.
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