Bashian & Papantoniou, P.C.

New York’s Same Sex Marriage Law Stands | Marriage Equality Act

admin — Thu, 27 Dec 2012 15:36:25 +0000

New York’s highest court has dismissed a case challenging the administrative procedures that allows allow gay men and women to marry in New York State. The Marriage Equality Act was challenged on the basis that the NYS Senate violated New York’s Open Meetings Law because it held closed-door meetings before voting on the Act instead of allowing citizens to attend and observe the meetings. The purpose of the Open Meetings Law is to keep citizens informed of what their elected officials are deciding and their reasoning so as to “retain control over those who are their public servants.” Pub. Officers Law, Art. 7 § 100. Last year, an appeals court struck down the Open Meetings argument, and in or around October, 2012, the Court of Appeals declined to hear the challenge, thus allowing the Marriage Equality Act to stand in New York.

Changing the Third Year Law School Curriculum

admin — Thu, 27 Dec 2012 15:35:03 +0000

New York University Law School is the most recent school to bring a change into third year law school curriculum, citing the age-old mantra that in law school, “the first year they scare you to death, the second year they work you to death, and the third year they bore you to death.” By changing the curriculum, N.Y.U. is hoping to change the third year so that students gain experience in a specialty, through both instruction specific to that specialty and through internships around the country and the world.

Class Certified in Medicaid Home-Care Services Reduction Case

admin — Thu, 27 Dec 2012 15:33:43 +0000

The Southern District of New York certified a class for the class action suit against New York State’s Human Resources Administration based on the reduction of 24-hour home care services for people already receiving the service. The class consists of, among others, current Medicaid recipients who are in the continuous 24-hour home care program and who have experienced threats of reduction or actual reduction of the home care service. The certified class claims the evaluation process for home care was used as “a policy and practice of arbitrarily and irrationally reducing or discontinuing Plaintiff’s…home care services.”

Adderall Shortage Lawsuit | Adderall Shortage Attorneys

admin — Thu, 20 Dec 2012 22:12:36 +0000

Adderall XR Shortage

Effected by the unavailability of generic Adderall XR due to the shortage?

Were you forced to purchase Adderall XR brand product because drug manufacturers failed to manufacturer generic versions of the drug?

Have you paid inflated prices for the Adderall XR brand product and deprived of the benefits from less expensive generic versions of the medicine?

Do you suffer from Attention Deficit Hyperactivity Disorder (“ADHD”)?

Have you been unable to fill your generic Adderall XR prescription due to its unavailability?

Are you considering an Adderall shortage lawsuit?

Shire LLC and Shire U.S., Inc. (“Shire”) are pharmaceutical drug manufacturers that are alleged to have unlawfully excluded, impeded and restrained competition for a certain generic mixture of amphetamine salts that are sold as Adderall XR, which are commonly used in treating ADHD. It is being claimed that Shire monopolized the market for Adderall XR by falsely promising to provide generic manufacturers with the active pharmaceutical ingredients of Adderall XR for purposes of inducing the settlement of patent litigation and enabling them to sell competing Adderall XR products, while continuing to receive a royalty on such sales.

As of late 2010, it has been published that Shire deliberately defaulted on such agreements for the anti-competitive purpose of impeding generic rivals so that users of the medication would be forced to purchase the Adderall XR brand product at inflated prices. Thereby keeping cheaper generic versions of Adderall XR out of the market, decreasing competition and resulting in drastic increased in the price of prescription Adderall XR. It has been reported that generic Adderall XR is in such short supply that users of the medication are unable to fill their prescriptions. Many believe that an Adderall shortage lawsuit is impending.

The Adderall XR Shortage attorneys of Bashian & Papantoniou are currently investigating whether Shire has violated the laws by eliminating generic versions of Adderall XR from the marketplace. For more information or a free case evaluation on the Adderall shortage lawsuit, please contact our Adderall XR Shortage attorneys of Bashian & Papantoniou, P.C., by mail at 500 Old Country Road, Suite 302, Garden City, New York 11530 or by telephone at (516) 279-1554, or by email at contactbplaw@bashpaplaw.com, or visit our website at www.bashpaplaw.com

US Court of Appeals, 2nd Circuit Finds Possession of Child Pornography in Temporary Internet Files

admin — Thu, 05 Jul 2012 18:43:47 +0000

The 2^nd Circuit held that a defendant does not have to save Internet files containing child pornography to his hard drive to be criminally liable. The decision comes on the heels of the May 8^th New York Court of Appeals decision which held that viewers of free online pornography are not breaking the law if they just look but do not copy, purchase, or exercise “dominion and control” over the child pornography images. Governor Cuomo then quickly led a group of New York State legislators to prohibit the “knowing access with intent to view” sexual performances by a child. Here, the US Court of Appeals held that under the circumstances the evidence was sufficient to prove the defendant of knowingly receiving and possessing child pornography, as “an individual who views images on the internet accepts them onto his computer, and he can still exercise dominion and control over them, even though they are in cache files.”

Tweets in the Malcom Harris matter are Subject to Manhattan DA’s Subpoena

admin — Thu, 05 Jul 2012 18:42:21 +0000

Criminal Court Judge Matthew Sciarrino Jr. held in People v. Harris, 2011NY080152 that Twitter Inc. must produce tweets and user information in Wall Street protester case. The Judge reasoned that the defendant lacked standing, at the time, to quash the subpoena, as the defendant had “no proprietary interest” in his account’s user information. “If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy,” said Judge Sciarrino. On May 17, 2012, Twitter incorporated a newly added portion of terms was incorporated onto the site, which states “You Retain Your Right to Any Content You Submit, Post or Display on or Through the Service.”

Katie Holmes Seeks Split from Tom Cruise Under New York Law

admin — Thu, 05 Jul 2012 18:38:23 +0000

It appears a legal battle is waiting in the wings to determine the proper venue for the divorce suit between actors Katie Holmes and Tom Cruise, and custody over their daughter Suri. According to New York state law, a couple must satisfy one of the following residency requirements to be divorced in New York:

You or your spouse must have been living in New York State for a continuous period of at least two years immediately before the date you start your divorce action; OR
You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one year immediately before the date you start the divorce action, and at least one of the following must also be true:
1. Your marriage ceremony was performed in New York State; OR
2. You lived in New York State with your spouse as married persons; OR
3. You or your spouse must have been living in New York State for a continuous period of at least one year immediately before the date you start your divorce action and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce); OR
4. You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce).

Holmes is believed to have been renting an apartment in Manhattan just prior to her filing for divorce and also claims in her divorce papers that the former couple are residents of New York State.

Pro Bono Requirements for Newly Admitted New York Attorneys

admin — Thu, 31 May 2012 20:02:14 +0000

Chief Judge Jonathan Lippman is planning to require future New York attorneys to perform 50 hours of pro bono service before being admitted to practice law in New York. Pro bono is a Latin phrase generally used to describe professional work undertaken without payment or at a reduced fee, as a public service. Judge Lippman has said, the presiding justices of all four appellate divisions have endorsed the new pro bono plan and that the 50 hours could be performed during law school or any time before admission to the bar. The requirement is expected to help address the need for legal services for the poor, as well as, give law students practical experience before practicing in the profession.

UPDATE: Manhattan DA: Detroit Tiger Delmon Young Still Facing Charges

admin — Wed, 30 May 2012 23:59:06 +0000

The Manhattan DA is still pushing forward with its misdemeanor hate crime assault case against Detroit Tiger Delmon Young for his accused drunken anti-Semite tirade in which he is accused of yelling “F*cking Jews!” and attacking a male tourist in New York city. The DA’ office has apparently secured at least two eyewitnesses to sign sworn affidavits that support the allegations against Young. Young, who is in the midst of a 1-year deal worth more than $6.75 million, is facing a potential 1-year jail sentence if found guilty of the alleged charges.

New York Man Sentenced for Dressing Like His Dead Mother

admin — Wed, 30 May 2012 19:59:00 +0000

Thomas Parkin was convicted of charges including grand larceny and mortgage fraud during a 6 year stint in which he wore a blond wig, dress and large sunglasses, in order to deceive others into believing that he was his dead mother. When Parkin’s mother, Irene Prusik, died in 2003, at the age of 73, Parkin stepped into her clothes, cashed her Social Security checks (totaling more than $44,000), and kept her 2.2 million Park Slope, Brooklyn brownstone. Unfortunately, Parkin could not make the mortgage payments and the brownstone was eventually sold at a foreclosure auction. That’s when Parkin and a co-defendant sued the new owner under his mother’s name, claiming the auction was invalid because his mother was still alive. To further the fraud, Parkin modified his mother’s death certificate and crossed-dressed to impersonate his mother in an attempt to renew a New York driver’s license in her name. For 6 years, Parkin cashed more than $44,000 in Social Security checks. The jury found Parkin guilty at trial, after being shown footage of Parkin dressing like his mother in public and viewing photographs of his dead mother’s tombstone. Parker has been sentenced to 13 2/3 to 41 years in prison.