Couple Alleges Abusive Treatment of Daughter at Daycare

Recently, a Long Island couple has filed a notice of claims against several agencies due to the abuse their 21 month old daughter endured at a daycare facility.  The couple has notified the Southampton Town authorities, Suffolk County Child Protective Services, The New York State Office of Children and Family Services, and the New York State Board of Regents.  The complaint alleges that their child had been “yanked out” of a high chair, slammed into a crib, and forcibly fed until she vomited.  Two employees have since been terminated and arrested due to this and other instances of abuse that had gone unaddressed by the facility’s owner.

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Lawmakers Discuss Reforming New York City Bail Requirements

New York City has been discussing changes to bail requirements for low level offenders. Many non-felony offenders are held in custody due to their inability to post bail. In many cases they are unable to post a low bail of $500. According to statistics provided by Human Rights Watch, nine out of ten defendants in 2008 were unable to post bail set at $1,000 or less.

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Case Dismissed Based on “Auto-Brewery Syndrome” Defense

Having a dedicated and experienced attorney is essential to defending yourself against DWI charges. There are evidentiary tools and various defenses which can be asserted that an attorney can help identify.

One recent case in which an attorney’s experience and use of unique defense tools resulted in a dismissal is a case in Upstate New York. A woman, after driving erratically, was pulled over for drunk driving. Her blood alcohol content (BAC) was at .33, more than four times the legal limit of .08. She stated that she only drank three alcoholic beverages earlier in the day, which was not enough to equal her BAC.

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Small Plane Safety Risks

Many enjoy the thrill of riding in a small passenger plane. Others enjoy the convenience it brings and ease of travel. Some people even take classes and obtain their pilot licenses to be able to have the freedom to fly whenever they choose. However, if pilots do not exercise caution, accidents can occur. Recently, on Long Island, a single engine plane crashed killing the pilot and injuring the passenger.

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Tenant’s Rights Under the Warranty of Habitability

Every tenant has the right to live in a safe, sanitary and habitable dwelling.  It is the landlord’s responsibility to provide suitable conditions for habitation. The warranty of habitability is a law that makes the landlord or owner responsible for keeping your apartment and the building safe and livable at all times. If a landlord does not take care of the property, or make repairs when necessary, these failures may constitute a breach of the warranty of habitability.

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School District Slammed with $12 Million Lawsuit for Staph Infection to Wrestling Team

Recently, a Long Island High School was slammed with a $12 million lawsuit due to an outbreak of a staph infection that affected five students on the district’s wrestling team last January. The suit alleges negligence on the grounds that the wrestling mats used by the team had not been replaced in seven years, and were not disinfected properly to protect the students from illness.

Additionally, the suit alleges that parents of the wrestlers were not given proper notice regarding the infections. Although generally curable with antibiotics, staph infections can be fatal if not properly treated, depending on the strain. In this case, the bacterial strain was MRSA- an infection leading to 11,285 deaths a year, according to the Center for Disease Control.

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Are Landlords Required to Allow Service Animals?

Under federal law, landlords are required to provide “reasonable accommodations” based on an individual’s disability.  Disabilities can be mental, emotional, or physical in nature.  Landlords must comply with the Fair Housing Act, and regardless of a pet policy, a landlord may be required to permit a tenant to keep a service animal to accommodate an individual’s disability.

Service animals may assist with mental, emotional, or physical needs.  Additionally, a service animal could include any type of animal that qualifies.  Traditionally people consider service animals to be dogs, but they can also include cats, birds, rabbits, and any other animal that may assist with the person’s disability.  These animals are not considered pets, but working animals.

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Arts and Crafts Safety

Now that the school year is in full swing, many children will be participating in various arts and crafts projects both during and after school hours.  These projects are fun and educational for children, but it is important that parents stay vigilant about safety.

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Anchor It! Campaign Raises Awareness of Furniture Tip-Over Deaths and Injuries

According to national statistics, a person is injured by furniture that has tipped over every 15 minutes.  38,000 Americans visit the emergency room each year due to furniture or TVs that have fallen on them.  Children are especially at risk as they are likely to climb on furniture and use the home as a playground.  In fact, most of the injuries sustained by furniture tip-overs involve children, and can even result in death.  Sadly, every two weeks a child dies due to a furniture tip-over.  These accidents are entirely preventable by anchoring furniture in place. Continue reading “Anchor It! Campaign Raises Awareness of Furniture Tip-Over Deaths and Injuries”

Common Pre-Trial Hearings in a Criminal Case

On the way to trial, many pre-trial motions and hearings may be scheduled. Usually the defense will make an “Omnibus Motion” that will include all the legal motions they will be filing. A date will then be set for the prosecution to answer the motion, as well as a court date. The motions consist of arguments concerning whether certain evidence should be included or excluded at trial. Such evidence may relate to physical evidence, statements, or identification procedures.

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