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It's unusual to see students camping out at the College of Mount Saint Vincent and, not surprisingly, the nylon tent pitched in front of Founders Hall on the school's broad lawn has attracted a … more
By Lisa Herndon | 11/23/16 | 1 comment
Children dressed as Superman, Wonder Woman, a sumo wrestler and Elsa from the Disney animated film Frozen gathered at the Manhattan College campus last week for an annual "Safe Halloween" party. … more
By Lisa Herndon | 10/26/16
Jada Hutchinson, a senior at Lehman College, manned the voter registration table at the Music Building on campus. She was one of the volunteers who had joined a campus-wide effort to register voters … more
By Lisa Herndon | 10/20/16
Add your input to New York's Common Core revisions The deadline for giving feedback on New York's draft learning standards for P12 English Language Arts and Mathematics has been extended to … more
By Lisa Herndon | 10/20/16
A summer time trend of nefarious pranksters dressing up as clowns to frighten passersby has come to Riverdale, with one confirmed sighting of the so-called "creepy clowns" on W. 238th Street and … more
By Lisa Herndon and Anthony Capote | 10/13/16
Solar panels at CMSV The College of Mount Saint Vincent has installed 1,400 solar panels at its largest parking lot, in the latest among its environmental projects that are expected to save the … more
By Lisa Herndon | 10/6/16
Big plans can come from humble beginnings. Outlining his hopes for his administration, new Lehman College President José Luis Cruz began his address at a convocation on Sept. 21 with a story of his … more
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By Anna Dolgov | 9/21/16 | 1 comment
Last week, U.N. Secretary General Ban Ki-moon came to Lehman College with an upbeat message, exhorting young audience members to believe in the power of their voices. more
By Shant Shahrigian | 3/23/16

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Jorge Masvidal talks to the media about his TUF 24 Finale win over Jake Ellenberger, the strange ending and having more heart than anyone in the division. read news >>
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Orientation (mental)
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Assessment |
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Orientation is a function of the mind involving awareness of three dimensions: time, place and person. Problems with orientation lead to disorientation, and can be due to various conditions, from delirium to intoxication. Typically, disorientation is first in time, then in place and finally in person.
The exact cerebral region involved in orientation is uncertain, but lesions of the brain stem and the cerebral hemispheres have been reported to cause disorientation, suggesting that they act together in maintaining awareness and its subfunction of orientation.
Disorientation is the divergence of the normal time and space feeling. It is one of the symptoms of neurologic disorders such as Alzheimer's disease.de:Orientierung (mental)
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Appeal from the Circuit Court of Hardin county; the Hon.
CASWELL J. CREBS, Judge, presiding. Judgment affirmed.
The facts set up in the reply do not indicate any mutual mistake, nor that the release was obtained by misrepresentation, overreaching, or other fraud. Plaintiff relies entirely on a state of facts which, at best, could only be a unilateral mistake. The precedents cited from this state are: Clancy v. Pacenti, 15 Ill. App.2d 171; Fraser v. Glass, 311 Ill. App. 336; Munnis v. Northern Hotel Co., 237 Ill. App. 50.
In these cited cases there was present the admitted fact that a physician representing defendant had examined plaintiff and advised him his injuries were not serious. This is regularly held to be a mutual mistake, when the injuries later turn out to be much more serious, even though the advice was given in good faith. 45 Am. Jur. Release, Sec. 20. It is true the Illinois cases contain dicta that in some cases a release may be set aside because of a unilateral mistake, but no explanation is given of the type of case in which such a principle would be applied. It is a rule which has been stated by some writers, but it is not in accordance with the weight of authority. "The great weight of authority supports the doctrine that a release of a claim for personal injuries cannot be avoided merely because the injuries have proved more serious than the releasor, at the time of executing the release, believed them to be, or because the releasor made a bad bargain on account of a wrong estimate of the damages which would accrue." 45 Am. Jur. Release, Sec. 19.
In the Clancy case, supra, the plaintiff had been examined by his own physician, and also by one representing the defendant, both advised the injuries were in the nature of bruises, neither serious nor permanent. It was later discovered that there were severe injuries to the spine, requiring more than one surgical operation, and with permanent detriment. This is the type of case commonly regarded as a mutual mistake, although the opinion does cite a text writer on the question of unilateral mistake. The opinion also states: "It is important to preserve a field of free action within which parties may compromise their differences with substantial assurance that the matter will not arise again."
The release in the present case applied to injuries known and unknown, those existing and those which might thereafter develop as a result of the accident. To avoid this complete release, plaintiff alleged that he had previously suffered from ulcers, which he knew, but he did not know or have reason to believe that his condition had been aggravated by trauma in the collision, that he learned this after executing the release and receiving the consideration. He further states that, at the date of the release, neither he nor the defendant knew or had reason to believe his disease had been so aggravated, and that he had not received any report from his own physician on the subject.
In Gumberts v. Greenberg (Ind. 1953) 115 N.E.2d 504, it was held that a release which included unknown injuries was effective, in the absence of mutual mistake, fraud or overreaching, and the fact that neither party knew of the true extent of the injuries when the release was given, was immaterial, in view of the expressed intent to release any claim therefor.
In McIsaac v. McMurray, 77 N.H. 466, 93 A. 115, it was held the fact the parties were justifiably ignorant of the extent of the injuries when the release was given, standing alone, does not show the mistake was in respect to a material matter. Other cases hold that, if the release is given with conscious ignorance of the actual condition, it should not be classed as a "mistake" in the legal sense. 76 C.J.S. Release, Sec. 25.
It has always been the policy of the law to favor compromise and settlement, and it is especially important to sustain that principle in this age of voluminous litigation, particularly in traffic cases. It must be remembered that the question of liability, besides the extent of the injuries, may well be in the minds of the parties. If a release, completely effective in the form in which it is executed, is to be lightly disregarded, then the peaceful settlement of claims out of court becomes practically impossible. How may prospective litigants negotiate a settlement if the law will not give effect to their signed adjustment, with consideration paid? This is a problem which would confront lawyers every day in this state.
It is our conclusion that the attempt to avoid the release on the facts in this case, must be discouraged as a matter of necessary public policy. Accordingly, this court holds that the mere lack of knowledge of some condition on the part of releasor, is not sufficient to avoid the bar of a release which expressly applies to unknown conditions, in the absence of mutual mistake, fraud or overreaching. The trial court ruled correctly and the judgment is affirmed.
Judgment affirmed.
BARDENS, P.J. and CULBERTSON, J., concur.
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I am a PhD student at NEU SecLab, Northeastern University, College of Computer & Information Science in Boston, where I get to work with smart and all-around great people everyday.
My research interests span a wide array of systems and Internet security topics with a recent focus on operating systems security. I particularly enjoy low-level hacking.
Previously I was a visiting researcher at iSecLab, Eurecom in Sophia Antipolis, France. I hold MS and BS degrees in Computer Engineering from Bilkent University, Ankara, Turkey.


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Shooting Illustrated, some blogger wrote a review of the Ruger 9E bargain-priced SR9 variant. You should go buy the magazine because that would be awesome of you.
Monday, January 12, 2015
Labels: Boomsticks, writing
Books. Bikes. Boomsticks. "Democracy is the theory that the common people know what they want, and deserve to get it good and hard."


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decided: October 20, 1978.
COMMONWEALTH OF PENNSYLVANIAv.LARRY HOWARD, APPELLANT
NO. 1924 OCTOBER TERM, 1976, Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County at Nos. 804, 805 and 807 June Sessions, 1972.
Marilyn J. Gelb, Philadelphia, for appellant.
Steven H. Goldblatt and Deborah E. Glass, Assistant District Attorneys, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, submitted a brief for Com., appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 258 Pa. Super. Page 443]
The appellant Larry Howard, was indicted in Philadelphia County on the following charges:
No. 804 June Sessions 1972 -- assault and battery, aggravated assault and battery and assault with intent to kill;
No. 805 June Sessions 1972 -- assault and battery upon a police officer;
No. 806 June Sessions 1972 -- receiving stolen goods; and
No. 807 June Sessions 1972 -- carrying a firearm upon a public street without a license.
The charges arose out of an incident involving the shooting of a Philadelphia police officer on the evening of May 30, 1972.
Prior to his trial on the charges, defendant, represented by privately retained counsel, filed a motion to suppress identification and physical evidence, as well as statements made to police during interrogations. After hearings on the motion, only certain line-up identification evidence was suppressed. Appellant was tried on the charges and a jury found him
[ 258 Pa. Super. Page 444]
guilty of assault with intent to kill, aggravated assault and battery on a police officer, and the weapons charge. Subsequently, pro forma post-trial motions were filed, challenging the sufficiency of the evidence and propriety of the sentence. At trial and on post-trial motions, appellant was represented by the same privately retained attorney who had represented him on pre-trial motions. Following the denial of post-trial motions, appellant was sentenced.
No direct appeal was ever filed. Subsequently, appellant filed a pro se appeal under the Post Conviction Hearing Act (PCHA),*fn1 alleging several claims of ineffective representation by counsel, including counsel's failure to appeal from the judgment of sentence. New counsel was appointed to assist appellant and a hearing was held on the petition. The PCHA court found that appellant had been denied his right of direct appeal and granted him the right to file such an appeal nunc pro tunc. Other issues, in such circumstances were not resolved by the PCHA court. See Commonwealth v. Drummond, 238 Pa. Super. 311, 357 A.2d 600 (1976).
On appeal, several claims of trial court error are raised. Each is coupled with an argument that trial counsel was not effective as a result of his failure to include such arguments in post-trial motions. While the failure to include an issue in post-trial motions would ordinarily operate as a waiver of such issue for purposes of appellate review,*fn2 the claim that counsel was not effective in not raising such issue in the lower court may vitiate the waiver. In situations like the instant one, our scope of review has been clearly established. In Commonwealth v. Hubbard, 472 Pa. 259, 372 A.2d 687 (1977), our Supreme Court stated:
The initial factor which must be considered . . . is whether the claim which post-trial counsel is charged with not pursuing had some reasonable basis. [We have noted that] "a finding of ineffectiveness could never be made
[ 258 Pa. Super. Page 445]
unless we concluded that the alternatives not chosen offered a potential for success substantially greater than the tactics actually utilized." Because counsel does not forego an alternative which offers a substantially greater potential for success when he fails to assert a baseless claim, counsel cannot be found to have been ineffective for failing to make such an assertion. It is only when the claim which was foregone was of arguable merit that we must make an inquiry into the basis for the post-trial counsel's decision not to pursue the matter. Thus the starting point of our inquiry is whether there were reasonable grounds upon which to advance the two claims which were not advanced in the motion for a new trial.
We emphasize that our analysis of the abandoned claim is undertaken solely for the purpose of resolving questions of ineffective representation. Not having been raised in post-trial motions, the claim itself has not been properly preserved for appellate review. Rather, once we conclude that the omitted contention is of arguable merit, our inquiry into the substance of the claim ceases and shifts to an analysis of post-trial counsel's basis for decision. If it cannot be determined from the record whether a satisfactory basis for the omission exists then a remand for an evidentiary hearing on that question is proper. If, on the other hand, we can determine from the record that counsel was ineffective then the appropriate remedy would be to grant appellant the right to file post-trial motions nunc pro tunc. We do not decide the issue which counsel was ineffective in failing to preserve. 472 Pa. at 277-279, 372 A.2d at 695-696 (Citations omitted)
Thus, as an initial step in the instant case, we must now proceed to determine whether the substantive issues raised by appellant are of arguable merit.
I. Suppression of Statements Given to Police.
Appellant raises several arguments relative to the use at trial of pretrial statements which he furnished to police during a period of interrogation which began shortly
[ 258 Pa. Super. Page 446]
after his arrest. Trial counsel unsuccessfully moved to suppress these statements prior to trial, but did not renew defense efforts against these statements in post-trial motions. An analysis of appellant's argument, in this regard, requires a review of the record facts available to the lower court concerning the inculpatory statements obtained by authorities from appellant following his arrest.*fn3
The record discloses the following facts: Following the shooting of a Philadelphia police officer on the evening of May 30, 1972, police cordoned off portions of the surrounding area and began a massive hunt for the individuals purportedly involved in the attack. At 7:20 A.M. on May 31, 1972, appellant was taken into custody as he waited at a bus stop in the area. He had been reported to police by a person at a nearby industrial facility who had seen him try to enter the rear of the facility. The appellant fit the description of one of the assailants, was covered with mud and had a cut on his hand. He was placed under arrest and transported to the Police Administration Building, where he arrived at about 8:00 A.M.
Appellant was taken to a small interrogation room in the building which contained a chair, bolted to the floor. The chair was equipped with handcuffs. The room also contained a table and seating for officers. At 8:30 A.M., appellant was advised of his rights (Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)) and waived his right to counsel. He was interrogated by two officers and later by a third officer until 9:55 A.M., except for an 8 minute interval during which appellant was taken out of the room for fingerprinting, and another interval of 14 minutes when he was photographed and given a drink. During this initial period of interrogation, appellant gave an exculpatory statement.
From 9:55 A.M. until 11:00 A.M., appellant was left alone in the room and was provided with food. Interrogation was
[ 258 Pa. Super. Page 447]
resumed by two officers from 11:00 A.M. until 11:40 A.M., and at the latter time appellant's clothing was taken for chemical analysis and he was issued another shirt, pants, and shoes. Appellant was left alone from 11:53 A.M. until 12:15 P.M., when interrogation began again, by two officers. As interrogation continued, at approximately 1:15 P.M. appellant began to narrate another statement in which he admitted being in the area on the prior evening when the officer was shot, and further related his efforts to avoid apprehension by police. This statement was written by officers, but not read to or by appellant, nor signed by him. The interrogation continued until 2:50 P.M. After being left alone for twenty (20) minutes, interrogation was begun again at 3:10 P.M. by two officers. Such questioning continued until about 4:45 P.M., with substitutions among officers at different times. No additional admissions were made by appellant. At 4:45 P.M., pursuant to a warrant, officers obtained hair and nail scraping samples from the appellant, and he was given ten minutes to eat some food which was brought to him.
At 5:00 P.M., interrogation resumed and continued for 5 3/4 hours until 10:45 P.M. During this time, questioning was interrupted for only two brief periods for food and appellant's use of bathroom facilities. Such matters consumed a total of twenty (20) minutes. During this period of interrogation, at approximately 9:00 P.M., appellant began to change his story. None of the three officers present had been in the room the previous morning, so they again advised appellant of his Miranda rights, and they were again waived by appellant. At this time (about 9:10 P.M.) he admitting hiding weapons near the scene of the shooting, traveling in the area with another person (whom police told him had given statements implicating him and another in the shooting), hearing the shots which struck the officer, and hiding in foliage to avoid police. Appellant read a statement of these admissions, prepared by one of the interviewing officers, and signed his name to it.
No interrogation took place between 10:45 P.M. and 11:10 P.M., but at the latter time questioning was resumed until
[ 258 Pa. Super. Page 44812]
:05 A.M. on June 1, 1972. The appellant was then left alone for forty (40) minutes, when he was again questioned from 12:45 A.M. until 1:00 A.M. Further questioning occurred from 1:35 A.M. to 2:00 A.M., and was halted to permit further photographing of appellant. Subsequent periods of questioning took place from 2:40 A.M. to 3:00 A.M., from 4:00 A.M. to 4:40 A.M., from 6:15 A.M. to 7:00 A.M., and finally from 8:30 A.M. to 9:30 A.M. During this time from 5:40 A.M. to 6:15 A.M. food was furnished to appellant and he was permitted to use the bathroom. Also, throughout these periods, appellant signed a written copy of one of the interviews and signed a handwriting exemplar for the officers. No further questioning took place before appellant was "slated", at 10:10 A.M. and was given a preliminary arraignment shortly after that time.
On appeal, it is claimed that the statements by appellant were coerced, and further that they were improperly admitted in violation of former Rule of Criminal Procedure 118*fn4 (presently Rule 130) and the exclusionary rule enunciated in Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972). We are constrained to find arguable merit in such contentions, in view of the length and circumstances of the interrogations involved as well as the delay between arrest and arraignment.
While we do not hold that the appellant's statements were coerced in the instant case, we cannot ignore the decisions in past cases, such as Commonwealth v. Riggins, 451 Pa. 519, 304 A.2d 473 (1973), Commonwealth v. Eiland, 450 Pa. 566, 301 A.2d 651 (1973), where somewhat analogous periods of interrogation were held to have created coercive circumstances vitiating the admission of confessions at trial. The analogy of such cases to the instant case creates the initial conclusion that appellant's arguments on coerced confession were of arguable merit. We reach the same conclusion with
[ 258 Pa. Super. Page 449]
respect to contentions of excessive delay between arrest and arraignment. In Commonwealth v. Futch, supra, the Pennsylvania Supreme Court decided for the first time in our Commonwealth that all evidence obtained during an unnecessary delay between arrest and arraignment, except that evidence unrelated to the delay, would be inadmissible in a subsequent criminal trial. The Futch rule, based upon then Criminal Rule 118, has been held applicable to cases tried before the date of its decision. Commonwealth v. Mitchell, 464 Pa. 117, 346 A.2d 48 (1975).*fn5 Both the Futch case and it progeny*fn6 give us cause to find arguable merit in appellant's excessive delay claims.
The reasons for counsel's decision not to pursue these issues are not clear in the record before us so we must remand for an evidentiary hearing on the question of whether counsel was ineffective in failing to raise such claims in post-trial motions. The lower court's field of inquiry, in this regard, as well as the standards for review,*fn7 are clearly set forth in Commonwealth v. Hubbard, supra, and repetition of them here for guidance is not necessary.
II. Failure to Object to Testimony on Defendant's Statement.
During the course of the trial, a police officer testified to the statements made by appellant during the course of interrogation. Inter alia, he related the following questions and answers:
[ 258 Pa. Super. Page 450]
Q. (Officer): "Why was (sic) you running from the car that the police stopped?"
A. (Appellant): "I don't want to tell you that".
Q.: "Who was with you in the car when police stopped you?"
A.: "I don't want to incriminate anyone else."
Defense counsel made no objection to this testimony and did not include it as an issue in post-trial motions. Appellant now contends that counsel was ineffective in not preserving what appellant claims constituted a clear violation of his rights under Miranda v. Arizona, supra.*fn8 We cannot agree.
The Miranda decision, and subsequent decisions have clearly established that the exercise of one's right to remain silent during police interrogation may not be used against him in a subsequent criminal proceeding. Commonwealth v. Haideman, 449 Pa. 367, 296 A.2d 765 (1972). The harm which we seek to prevent is that some adverse inference may arise in the minds of triers of fact if they know that an accused remained mute in the face of accusatory questioning. Most lay persons would view silence, in such a setting, as an admission of guilt. Commonwealth v. Haideman, 449 Pa. at 371, 296 A.2d at 767. Quite simply, in the instant circumstances, we see no possibility of such prejudice to the appellant from the two questions and responses related above. The appellant answered many police questions and his inculpatory responses were made known to the jury. These statements and all of the other evidence against the appellant established a strong case for the prosecution. There was no question at all about appellant being at the scene of the shooting with other persons involved in the incident, and fleeing the scene at the time of the shots. His refusal to say either why he ran from the scene and who he was with, in response to the questions stated above, did not materially assist the prosecution against him, or create any
[ 258 Pa. Super. Page 451]
possible inference in the minds of the jurors beyond the scope of what had already been abundantly shown by other evidence.
Appellant points out that the right not to have one's silence used against him does not depend upon whether the right is asserted at the beginning of interrogation or later on. See Commonwealth v. Dulaney, 449 Pa. 45, 295 A.2d 328 (1972); Commonwealth v. Greco, 227 Pa. Super. 19, 323 A.2d 132 (1974). While this is correct, and while we recognize that a waiver of the right to remain silent may be withdrawn, and the right asserted (See Miranda, supra, Commonwealth v. Dulaney, supra), in the limited circumstances of the instant case, where appellant, at most, engaged in a highly "selective" exercise of his right to not answer two questions on which other evidence was presented, we can discern no violation of such principles, nor prejudice to appellant.
In view of our conclusion that this contention of appellant is lacking in merit, it is evident that counsel was not ineffective in failing to preserve the issue in post-trial motions. Of course, a claim of ineffectiveness may not be supported on the ground that counsel failed to pursue a fruitless effort. See Commonwealth v. Hubbard, supra; Commonwealth v. Mack, 451 Pa. 319, 304 A.2d 93 (1973). Thus, there is no basis to find that trial and post-trial counsel was ineffective in failing to raise the Miranda argument.
III. Illegal Sentences
The appellant also contends that the imposition of consecutive sentences of seven (7) years on Bill No. 804 and five (5) years on Bill No. 805 constituted double punishment for the same offense in violation of the constitutional provision against double jeopardy. He also argues that post-trial counsel was ineffective in not raising this claim in the lower court. At the outset, we note that the sentencing in this case, as was proper, took place after the consideration of post-trial motions. Also, at the date of sentencing in the instant case, in 1973, no requirement existed that an illegal
[ 258 Pa. Super. Page 452]
sentence claim be initially raised before the lower court. See Commonwealth v. Brunner, 243 Pa. Super. 55, 364 A.2d 446 (1976). Thus, we find no basis for concluding that counsel was ineffective in the instant case for failing to raise such a challenge after sentencing in 1973. Under present procedure, however, the appropriate initial challenge to the legality of a sentence is by petition to the sentencing court, asking that sentence be vacated and a legal sentence be imposed. Commonwealth v. Brunner, supra. As this case is to be remanded to the lower court for other reasons (see discussion under Section I above), it is both preferable and expedient to allow that court to also, in the same proceeding, initially review the appellant's sentence claims. Such a disposition will comport with the established policy of having our lower courts consider such matters prior to appellate review. Commonwealth v. Brunner, supra. Thus, in the circumstances of the instant case, we will remand the appellant's sentence claims for initial consideration before the lower court.
Judgment of sentence vacated and case remanded for proceedings consistent with this Opinion.
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SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
April 5, 2011
JOHN CHONG, RESPONDENT,-AND- OK JIN CHONG,PLAINTIFF,v.SANG SU KIM AND IN SOON KIM,APPELLANTS.
Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered June 24, 2009.
Decided on April 5, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT:PESCE, P.J., WESTON and RIOS, JJ
The order denied defendants' motion for summary judgment dismissing the first cause of action.
ORDERED that the order is reversed, without costs, and defendants' motion for summary judgment dismissing the first cause of action is granted.
Insofar as is relevant to this appeal, the complaint, as a first cause of action, seeks to recover for personal injuries allegedly sustained by plaintiff John Chong (respondent) in a motor vehicle accident on or about November 13, 2006. Defendants moved, pursuant to CPLR 3126, for an order dismissing this cause of action or, in the alternative, precluding respondent from offering evidence at trial with respect to his alleged injuries on the grounds that he had failed to submit to a physical examination and had failed to provide requested discovery. In opposition to the motion, respondent submitted a response to defendants' demand for discovery. In an order entered August 4, 2008, the Civil Court noted the submission and directed respondent to comply with all outstanding discovery requests within 60 days of the entry of the order or be precluded from offering testimony at trial with respect to his injuries, as set forth in the verified bill of particulars.
Defendants subsequently moved, pursuant to CPLR 3126 and 3212 (a), for summary judgment dismissing the first cause of action on the ground that respondent would be unable to prove a prima facie case at trial under Insurance Law § 5102 (d), since he was precluded from testifying with respect to his alleged injuries, inasmuch as he had failed to comply with discovery demands. Respondent opposed the motion. He argued that all discovery had been completed, annexing a document, denominated "Response to Order," and dated "February 30, 2008" [sic], to which he attached the demanded discovery items, and stated that he had appeared for independent medical examinations. The affidavit of service for the "Response to Order" stated that the document had been served by mail on "February 30, 2008" [sic] on defendants' attorneys. By order entered June 24, 2009, the Civil Court denied defendants' motion to dismiss the first cause of action, finding that respondent had submitted evidence that the outstanding discovery had been provided. This appeal by defendants ensued.
The dismissal of an action or any part thereof pursuant to CPLR 3126 (3) for failure to comply with court-ordered disclosure is a drastic remedy, and a motion seeking such dismissal should be granted only where the conduct of the nonmoving party is shown to be willful, contumacious, or in bad faith (see A.F.C. Enters., Inc. v New York City School Constr. Auth., 33 AD3d 737 [2006]; Byrne v City of New York, 301 AD2d 489 [2003]). In the present case, contrary to the determination of the Civil Court, there is no evidence that respondent timely provided the ordered discovery. Defendants' ability to defend against respondent's claims was prejudiced by respondent's failure to timely produce the requested documents (see Collins v Guerra, 234 AD2d 411 [1996]). Under the circumstances, dismissal of the first cause of action of the complaint pursuant to CPLR 3126 (3) is warranted (see Kaplan v Elkind, 208 AD2d 683 [1994]). Accordingly, the order is reversed and defendants' motion for summary judgment dismissing the first cause of action is granted.
Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: April 05, 2011
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By Amishi Kumar, Green Purchasing Intern As my stint as an Indiana University Office of Sustainability Intern comes to a finish this summer, I can't help but reflect about how great this summer has been. In the past few weeks I've really gotten to know my fellow interns and realized this group of students are … Continue reading See you at the symposium…
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General Black (Character)
from Fail-Safe (1964)
Alternate Names:
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- Fail Safe (2000) (TV) Played by Harvey Keitel (as Brig. Gen. Warren Black)
- Fail-Safe (1964) Played by Dan O'Herlihy
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Prof. Groeteschele: Excuse me. Every minute we wait works against us. Now, Mr. Secretary, now is when we must send in a first strike.
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David Cohen is a senior practitioner in the firm's Toronto office, practising corporate and commercial financing, restructuring and insolvency law in a domestic and cross-border context. He is an executive member of the National Financial Services Industry Group and practice coordinator for the Distressed M&A Practice at Gowlings LLP.
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David has chaired the Canadian Institute's annual insolvency super conference for eleven years up to January 2011. He has also spoken at and written for other conferences including for the TMA, CAIRP, and the Canadian Institute on a broad range of lending, restructuring and insolvency law topics.


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text: Anyone who has suffered from depression and has sought any help or done any research will know that 'positive thinking' is often touted as the most effective way to get better, either on its own or in conjunction with medication and other treatment. You are often in essence told that it is your fault in part, that you have to THINK BETTER. You are in control of your thoughts and that you must change these! And voila, there you will be on the path to a better life. I disagree. I believe positive thinking and being aware of your thoughts is good for general self-awareness and to grow your mind and get more in tune with your spirit even. But I don't see this as the holy grail or cure all. "Perspective" cannot fill a hungry belly if you are hungry and starving. Also, you cannot be stranded out in the freezing cold with frost bite, and "think" yourself better or think yourself warm. My point is that while this is admirable and we should all (not just mentally ill persons) try to be conscious of our thoughts, just changing this is not really a solution in many cases. It is not even a start. You may say ok, well if you are stranded in the cold, at least you can think positively and keep hope alive that help is on its way, and try to use that hope to keep you going, one more day, then another and another. But....in reality, there comes a point where even hope is a burden too overbearing. Having hope can make it all worse. That drop you get from disappointment after igniting that flicker of hope, is worse than if you had not expected or hoped for anything at all. As Nietzsche said: Hope in reality is the worst of all evils because it prolongs the torments of man. There are times when you literally NEED a change in circumstance that is often entirely out of your control. A miracle or divine intervention even. Something "needs to give"...but there you are with nothing "giving" yet battling yourself to think positively. Aside from being woefully insufficient at times, when does positive thinking cross over into delusion? I wanted to add something about endogenous versus situational as well, but I think I will end here, as I already don't even know what the point of this post is exactly, except I guess that it all feels rather pointless, and a waste of energy that is in such limited (near depleted) supply.


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We give a tutorial introduction to the *modern* Minimum Description Length (MDL) Principle, taking into account the many refinements and developments that have taken place in the 1990s. These do not seem to be widely known outside the information theory community. We will especially emphasize the use of MDL in classification. We also consider the connections between MDL, Bayesian inference, maximum entropy inference and structural risk minimization.
Author: Peter Grünwald, National Research Institute For Mathematics And Computer Science


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Protective Case
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Agastya Corps
CEOs, Scientists & Educators
Agastya trustees and advisers include educators, teachers, scientists, CEOs, bankers, entrepreneurs and philanthropists with significant knowledge, expertise and experience in education, and leading and managing Indian and global organizations.
- Ms. M. Ajmera, Philanthropist
- Ayachit, BVB College of Engineering
- Balurgi, Teacher Trainer
- J. Coates, Cambridge University
- D. Deshpande, Chairman, Sparta Group, LLC
- P. Datta, MD, Synopsys
- R. Hukku, Chairman, I-flex Solutions
- B.H. Jain, Chairman, Jain Irrigation
- S. Kaul, Synopsys
- Mrs. Girija Kaza, Teacher Trainer
- R. Krishnan, Educator
- Ms. N.S. Leela, Ex-Prof, MES College
- Mrs. Nandini, Bangalore University
- K.G. Narayanan, Research Head
- S. Parthan, Educator
- Prakash, Entrepreneur & Model Maker
- Mrs. S. Ramdorai, TIFR
- M.A. Ramaswamy, Educator
- S.R.S. Rao, Shishu Griha School
- Y. Reddy, Former Environmental Secretary
- S. Regunathan, National Knowledge Commission
- M. Shivkumar, Designer
- S.V. Subramanyam, Educator
- P. Talwar, Titatium Capital
- T. Tokeida, Cambridge University
- V. Valluri, Chairman, Ingersoll Rand, India
- Vanchinathan, Chennai Mathematical Institute
- V.K. Aatre, Former Scientific Adviser to the Minister of Defence, Government of India
- V. Cantol, Investment Adviser
- K. Ganesh, Investment Banker
- M. Gupta**, RARE Enterprises
- P.K. Iyengar**, Padma Bhushan, Former Chairman, Indian Atomic Energy Commission
- B.H. Jain, Chairman, Jain Irrigation Systems Limited
- R. Jhunjhunwala**, Stock Market Investor
- R. Krishnan, Distinguished Scientist (Former), Ministry of Defence
- F. Mahavir Kumar**, Managing Trustee, Agastya International Foundation
- M. Narasimhan, Former Executive Director IMF, and Governor Reserve Bank of India
- K.G. Narayanan, Former Director, Aeronautical Development Establishment
- H. Parameswaran, Chairman, Dynam Corporation
- M.V. Prasad, Former Board Member Central Board of Secondary Education
- Ramji Raghavan**, Chairman, Agastya International Foundation
- M.A. Ramaswamy, Former Scientist, NAL and Professor, Indian Institute of Science
- P. Rao**, Private Investor
- K. Ramchand, Former Director, Centre for Airborne Systems
- Y. Reddy, Former Environment Secretary, Government of Karnataka
- A. Sethi**, Director, Ploy Fluoro Limited
- Dhirendra Singh, Ex-Union Home Secretary, Government of India
- M. Shivkumar, Former Chief Designer, Hindustan Machine Tools
- H.N. Srihari**, Consultant and former General Manager, ICI Limited
- M.G. Subramaniam, Former Senior Executive, HP and Reliance
- Prof. S.V. Subramanyam, Former Professor, Indian Institute of Science
- P. Talwar, Director, Titanium Capital
- P. Balachandran Warrier, CEO, Manipal Foundation
- V. Krishnakumar, Chairman, Citibank Berhad, Malaysia.
- Gopi Warrier, Chairman Ayurveda Holdings
- Alok Oberoi**, Co-founder, ACP Partners
- V. S. Arunachalam, Professor, Carnegie Mellon University
- Venu Myneni, President and CEO, Radiant Systems Inc.
- Dr. Arjun Oberoi, MD, Pfizer
- Peter Patch, The Summit Group
- Guru Ramakrishnan, President, Meru Capital
- Ahobala Rao, Private Investor
- Ravi Reddy, Chairman and CEO, Quest Industries LLC
- Jasmine Srivastava
- Pramod Srivastava, Director, Center for Immunotherapy and Cancer, University of Connecticut
- Ravi Suria, Managing Director, Valmiki Capital
- Sandeep Tungare, CEO, Vistaar Group
** Trustee
Executive Management
- Chairman - Ramji Raghavan
- Managing Trustee - Mahavir Kumar
- Chief Operating Officer - Thiagarajan K
- Chief Programs Executive - Ajith Basu


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Listing Courtesy of Baird & Warner
Listing information
- Beds: 3
- Total Rooms: 8
- Parking Type Description: Attached 2 cars
- Total Square Footage: 2,679 ($147.41 per sq. foot)
- Estimated Annual Taxes: $11,093
- High School: Metea Valley High School
- Subdivision: Stonebridge
- Style: 2-Story
- Baths: 4 (Full: 2 3/4: 0 1/2: 2 Other: 0)
- Stories: 0
- New Construction: No
- Lot Area: 0.25
- Association Fee: $140
- Middle School: Granger Middle School
- Year Built: 1994
- Status: Active with Contingency
- Fireplaces: 1
- Foreclosure: No
- Lot Size: 66X116X37X123X44X58
- County: Du Page
- Elementary School: Brooks Elementary School
Additional Rooms Recreation Room
Age 21-25 Years
Air Conditioning Central Air
Appliances All Stainless Steel Kitchen Appliances, Dishwasher, Disposal, Dryer, Microwave, Oven/Range, Refrigerator, Washer
Area Aurora / Eola
Area Amenities Curbs/Gutters, Park/Playground, Pond/Lake, Sidewalks, Street Lights
Assessment Includes Common Insurance, Lawn Care, Security, Snow Removal
Basement Full
Basement Bathrooms (Y/N) Yes
Basement Description Finished
Bath Amenities Double Sink, Separate Shower, Whirlpool
Built Before 1978 (Y/N) No
Contingency Flag Attorney/Inspection
Dining Room Separate
Disability Access and/or Equipped No
Driveway Concrete
Equipment Ceiling Fan, CO Detectors, Sprinkler-Lawn, Sump Pump
Exterior Building Type Brick, Cedar
Exterior Property Features Balcony, Brick Paver Patio, Deck
Fireplace Details Gas Starter
Fireplace Location Family Room
Foundation Concrete
Garage Details Garage Door Opener(s), Transmitter(s)
Garage On-Site Yes
Garage Ownership Owned
Garage Type Attached
General Information School Bus Service
Heat/Fuel Forced Air, Gas
Interior Property Features 1st Floor Laundry, Bar-Wet, Hardwood Floors, Skylight(s), Vaulted/Cathedral Ceilings
Kitchen Type Eating Area-Table Space, Island, Pantry-Closet
Lot Description Corner, Cul-de-sac, Landscaped Professionally, Pond, Water View
Lot Size Less Than .25 Acre
Master Association Fee Yes
Master Bedroom Bath Full
Other Bedrooms (Below Grade) - 0, Master Association Fee($) - 215, Special Service Area - N, Tax Year - 2015, Total Full/Half Baths - 2.2, Township - Naperville
Ownership Fee Simple w/ HO Assn.
Parking Garage
Possession Closing, Immediate, Negotiable
Property Type Detached Single
Recent Rehab (Y/N) No
Roof Type Asphalt/Glass (Shingles)
Sale Terms Conventional, FHA, VA
Sewer Sewer-Public
Special Assessments N
Tax Exemptions Homeowner
Type Detached 2 Stories
Virtual Tour None
Water Public
Waterfront (Y/N) Yes
Dining Room Main Level 14X12
Family Room Main Level 19X18
Kitchen Main Level 24X17
Laundry Room Main Level 10X8
Living Room Main Level 12X12
Recreation Rm Basement 30X27
Bedroom 2 2nd Level 16X12
Bedroom 3 2nd Level 13X12
Master Bedroom 2nd Level 17X16
Listing Courtesy of Baird & Warner


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It's not up to government
The reportedly black leaders such as Jesse Jackson and Al Sharpton need to encourage black men to spend time raising their children to be good citizens and accept responsibility for the result.
We, the taxpayers in America, have spent trillions of dollars to relieve black poverty, and it has not worked. The U.S. government cannot raise your children no matter the good intentions. It takes the individual effort by the parents of those children. I have a hard time supporting a black kid who marches with a sign that says, "Why should I go to jail for robbing a store?"
My church has spent more than $10 million for sup ... continue reading »


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El Indio: "Best Fresh Corn and Flour Tortillas" El Indio Mexican Restaurant Tip by Straggler
El Indio Mexican Restaurant, San Diego: 5 reviews and 1 photos
Dress is casual and bring the kids.
Back in the late 50s my Mom took me to this great place. They fed the employees of world largest aircraft manufacturing plant during World War Two. It is a family owned restaurant since 1940. They cook and grind corn to make their (fresh great aroma) corn tortillas. Coined the word "taquito" for the rolled taco. All food is made from scratch. No animal lard is used. All food is made when ordered and is abundant and of high quality. Dining indoors and outdoors. Beer and wine is available for consumption indoors. El Indio has shipped its famous tortilla chips to many countries in the world. Three U.S. presidents have ordered food to be sent to Washington D.C. Taquitos, chicken burritos and meatless items are very popular. Combination plates are all served with refried pinto beans and Mexican rice. Visa and Mastercard are accepted. Open seven days a week and closed only on New Year's Day, Easter, Thanksgiving and Christmas Day. It is worth waiting in line.
Favorite Dish: Favorite Dish: That?s a tough one. Taquitos are for quick and lite appetite. If I?m really hungry? A Beef and Bean Burrito. I very seldom get the combination plates because of the extra cost. Plus I stay away from the Tortilla Chips because of the calories. But then I always take home Corn Tortillas, Chile Relleno and Tamales. OOPS
Address: 3695 India St. San Diego, CA
Price Comparison: about average
Directions: Located off I-5 at Washington St. go east to India St. to 3695 India St, San Diego, CA 92103
Phone: 619-299-0333
Price: less than US$10
Rating: 0
Theme: Mexican
Website: http://www.elindio.net/
More Reviews (8)
Local Customs (1)San Diego/Del Mar County Fair
Hotels (1)Cheep and close to the beach
Off The Beaten Path (2)See All A protective sanctuary for exotic birds.
General (1)Phone Booths
Straggler's Related Pages
Straggler Lives Here!
"Lets Play"
- Member Rank:
- 0 7 0 0 2
- 22 Reviews
- 39 Photos
- Add Friend
- Follow
- Send Message
Have you been to San Diego?Share Your Travels


text:
House for Sale
- About this property
- Explore Blackbutt
Renovated Home on 2 Titles…Property ID 1549158Perfect for Investor or first home buyer...On entering the home you find a large room which could be utilised as living or entertaining area and the new renovated bathroom can be found off this large open area. New kitchen cabinetry with a new electric stove and separate dining/living room. 2 large bedrooms lead onto a large room at the rear of the home which could be craft room or separate lounge area for the kids. New floor coverings flow through the entire home, the lower level takes you to the laundry area with a utility room and leads through a door into the double car accom. Located on a corner position 2,024m2 in 2 titles, hold both or on sell one title now...


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Chris Davison
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My magic shows are designed for large groups of children and youngsters. All content is age-appropriate and the children can even get involved in helping me get the magic to work! I'm fully CRB checked with my certificate available for viewing. My wedding entertainment would be for the children attending the wedding. The most often requested time for this is during the speeches. Christenings are very much family occasions and where there are families there are children. My magic show will keep the little ones amused while the grownups chat. My shows are tailored to the age group of your guests, suitable for the youngest to the oldest, and your specific requirements. Get in touch, and find out how you can tailor-make your magic show to ensure your guests are fully entertained at your special occasion.
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Full of vibrant culture, dining and more, in-the-know travelers choose Oakland. Explore Oakland today!
To make reservations by phone, call 1-800-228-9290 in the USA and Canada (or any of our worldwide reservation telephone numbers).
Topping nationwide lists of "must-visit" locations, Oakland, CA. has transformed into an epicenter of coolness. Oakland is home to a booming local food scene, unique music venues and local arts. Excited to explore the greater Bay Area? Guests of Oakland Marriott City Center are positioned in the heart of downtown with close proximity to local recreation, dining and other attractions. Oracle Arena, Wine Country and Silicon Valley are all nearby. Our hotel is accessible from major freeways and just steps from the rail system, BART for a 12-minute ride to Downtown San Francisco. Discover the charm and vibrancy of Chinatown, Lake Merritt and Jack London Square Waterfront. Our premier property features a full-service restaurant, upgraded concierge lounge and over 90,000 square feet of stylish event space, perfect for conferences, weddings, receptions and parties. Whether you're traveling for business or pleasure, Oakland Marriott City Center places you in the heart of it all!
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Dinner Only:
Tue-Sat: 6-10:30pm
Sun: 5pm-9pm
Mon: Closed
Home - Menu - Contact Us
The Lemon Grass
Thai Restaurant
1-2 Tower Street, Rye, East Sussex TN31 7AT
Tel: 01797 222327
Quality cuisine joins with gracious service
for a memorable dining experience ...
Situated in the heart of Rye, this elegant and stylish Thai
restaurant is housed within one of the most historic buildings in the town. The
restaurant is located next to the Landgate; a famous tourist attraction in Rye.
Established in 1999 and still carefully run by its owner, the Restaurant offers
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atmosphere that will recall wonderful memories of the Thai culture.
© 2004 - 2016 The Lemon Grass
Site Developed and Hosted by Webtec Design


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HSBC/Paris22 Dec 2009
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HSBC in €400m sale-and-lease-back deal for Paris properties
HSBC on Monday declared a €400m ($571.7m) sale-and-lease-back deal for two of its Paris properties with real-estate asset manager French Properties Management.
The divestiture of the 103 avenue des Champs Elysees and 15 rue Vernet properties, which represents the last two major corporate buildings auctioned by the UK lender in recent months, is expected to close in the first quarter of next year.


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WaterWipes at Walgreens + Giveaway!
This post was sponsored by WaterWipes as part of an Influencer Activation for Influence Central and all opinions expressed in my post are my own.
Going out and buying baby products is exhausting. There are so many products on the shelves. If you're a first time mom, you may feel overwhelmed. If you're a second time mom, you may already have a product in mind. We want what's safe for our little ones. Products that we can trust. Brands that keep us coming back for more. With my oldest, I only bought hospital recommended products. But, as she grew older, funds grew tighter. So, I just went with whatever I could. But, Dray is a bit of a different story.
Dray has suffered with sensitive skin since he was born. Almost every laundry detergent, baby wipe, and diaper causes irritation. So, buying necessities for him come off a little bit tougher. They have to be safe for sensitive skin. There would be so much regret if I purchased a product with a lot of extra chemicals in it.
Do you know if your little ones are suffering from sensitive skin? There are sure fire signs that will reveal if your baby has sensitive skin. The signs are easy to look for.
Sensitive Skin Symptoms in Babies
- A recurrent rash
- Redness on baby's bottom (diaper rash)
- Itchy skin
- Skin redness
- Pinkish-red bumps that are small
- Dry skin
- Flaky skin
Sensitive Skin Causes in Babies
- Bug Bites
- Food Allergies
- Detergent
- Environmental Allergies (smoke, pollen, etc.)
- Medications
- Diapers
- Wipes
- Lotions
- Body Washes
- Shampoos & Conditioners
If you notice your baby has sensitive skin, you should consult with your pediatrician. But, to make sure that you protect your baby, you can make some changes at home. These small changes will help keep your baby free from irritated skin.
Helping Ease Sensitive Skin in Babies
- Use fragrance-free products
- Avoid antibacterial soaps
- Use product that are truly "hypoallergenic"
- For babies clothing, chose fabrics that are truly "natural"
- Use detergent that is for sensitive skin
- Change soiled diapers often
- Use diapers that are for sensitive skin
- Chose wipes that are natural and hypoallergenic
- Use shampoos, conditioners, baby wash, and lotions that are hypoallergenic
There is one product that has won my family over. That product is WaterWipes. They were introduced to me at just the right time. Dray's already sensitive skin had just begun becoming irritated due to his wipes. So, we needed to find a natural product for him fast. Allergies are not fun. Especially not for babies with sensitive skin.
Thankfully our local Walgreens carries WaterWipes. It's convenient having a Walgreens so close. They just built one about 5 miles from my house. They carry a lot of products I need. Plus, they're open 24/7, 365 days a week. Which is great for those late night family needs. Picking up a few packages of WaterWipes at Walgreens was a breeze.
WaterWipes Features
- Chemical free
- Contain only two ingredients: pure Irish water & grapefruit seed extract
- Contacts 99.9% pure Irish water & 0.1% grapefruit seed extract
- Durable
- Effective
- Safe to use on sensitive skin (even the face!)
There are a few things you should know before using WaterWipes.
- Only 20% of WaterWipes are biodegradable.
- WaterWipes are not flushable.
We've been using WaterWipes for a few days now. So far so good. They are durable and seem effective. The best part is, Dray hasn't experienced any skin irritation with them. I guess that has a lot to do with the safe, natural ingredients in WaterWipes.
So, if you're a mom that has a baby who experiences sensitive skin, give WaterWipes a try. You have more important things to do than spend hours scanning shelves for the right product. Go ahead and pick up a pack of WaterWipes for babies sensitive bum. You won't be disappointed!
Win 1 of 5 $100 Walgreens Gift Cards
It's your turn to experience WaterWipes. Enter below for your chance to win 1 of 5 $100 Walgreens gift cards!
Prize: 1 of 5 $100 Walgreens gift cards
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Dray struggles with skin irritants on a daily basis. We are always looking for products to help ease his sensitive skin. Has your little one ever fought with sensitive skin? What products did you use to help comfort them?