Niazi's was first established in 1949 in Limassol Cyprus. It first comprised of two adjoining shops serving local people. Soon became famous and well known among British Forces personnel. In 1967 Niazi`s moved to its new building in Limassol and served there until 1974 where it became famous within the whole of the island. In 1974, it was relocated again to its present location in Kyrenia. Niazi's created the concept of charcoal grilled kebabs with accompanying mezes, the FULL KEBAB. To this date, the FULL KEBAB has become a trademark concept in Cyprus cuisine. Niazi's today is a restaurant with international reputation serving an extensive charcoal grill menu, but the FULL KEBAB is still the main attraction. Niazi's now operates four branches in Kyrenia and Nicosia.


text:
Bloomberg's Grid: When Lights Blow, He's Management
By Jason Horowitz • 07/31/06 12:00am
On Tuesday morning, Mayor Michael Bloomberg stepped to the podium in a brightly lit Long Island City building not far from the blacked-out areas in Queens to commiserate with an audience about the city's "tough week."
He did not pound the lectern. He did not raise his voice. And, despite outraged protests from residents, political officials and the media, he did not criticize Con Ed.
"Once again New Yorkers have shown what they're made of, and their resilience, and everybody is sad that it happened," said Mr. Bloomberg. "But I think we've come out of this as well as we could have."
Can the same be said of the Mayor's reputation?
Perhaps more than any other crisis he has faced in his tenure, the blackout is testing the limits of Mr. Bloomberg's often-exalted model of businesslike governance. For years now, efficiency has come before empathy, progress before politics. But it's one thing to withstand special interests and reinvest surpluses back into the budget; it's another entirely to side with an impersonal utility company that left New Yorkers to stew in their darkened apartments, some for more than a week.
And Mr. Bloomberg's persistent support of Con Ed in the face of bread lines, portable generators and tens of thousands of angry residents may cost him dearly in terms of political capital.
"It's certainly among the toughest weeks he's had," said political consultant Norman Adler. "A lot of citizens are unhappy, and they don't feel that he has done anything for them. Sometimes the Mayor is a politician, and sometimes he can't help himself and reverts back to being a businessman."
Rarely, for Mr. Bloomberg, has playing the role of a manager committed to results above petty politics had such a steep potential downside. Now, eight months since his 20-point re-election, some lawmakers and political observers have gone so far as to call this his John Lindsay moment, referring to the politically catastrophic inability of that ambitious Mayor to clear snow from the streets of Queens in 1969. And normally sympathetic politicians, who are jumping at the chance to kick the colossal utility while it is down, are professing their utter bewilderment at Mr. Bloomberg's defense of Con Ed.
"Do I share my good friend Mike Bloomberg's view about the C.E.O. of Con Ed?" said Attorney General Eliot Spitzer at a televised gubernatorial debate on Tuesday night. "Absolutely not. I was stunned that he said it."
Such feelings were most clearly on display this week as a number of Queens Democrats, standing behind the Mayor at a City Hall press conference, looked like they were sucking on lemons as Mr. Bloomberg talked about the debt that New Yorkers owed to their power company, and how Con Ed president Kevin Burke "deserves a thanks from the city."
About the only people not expressing disbelief at the Mayor's behavior were power-industry experts, who guessed that the term-limited Mayor was placing his working relationship with Con Ed above the voters' opinions.
"Politicians are trying to figure out what the partisan advantage is; there are no votes in being with Con Ed," said Steven Cohen, a professor of public administration at Columbia University who specializes in science policy and management. The explanation Mr. Cohen came up with was that, since Con Ed is a regulated utility and there is no alternative company for delivering the city's electricity, the city had no choice but to make the best of the situation. "If you are the Mayor, you have to work with the resources you have," Mr. Cohen said.
"I think the Mayor's office is very committed to working with Con Edison," said David Bomke, executive director of the nonprofit New York Energy Consumers Council, who served as a member of the city's Energy Policy Task Force, which worked on improving the city's energy efficiency, new clean-energy capacity and infrastructure planning.
On Tuesday, which Mr. Bloomberg said he hoped would be the day that power returned to the last blackout victims, the Mayor cast himself, not for the first time, as a fair-minded pragmatist, impervious to whatever political winds happened to be blowing at the time. "Going out and vilifying anybody when something happens to a network that was designed 20 years earlier doesn't seem to me to make any sense," he said to reporters after his event on Tuesday.
"I look back over the last week and I don't think you could have asked any more from any of our city agencies. And from what I can see as an outsider, I think Con Ed—given that they found themselves in a situation—responded the way we would want them to."
While it is too soon to tell how the public will react to his handling of the situation over the long term, the Mayor's performance has been severely scrutinized in the press—the New York Post mocked it as a minor version of the botched reaction to Hurricane Katrina, while The Times assigned four reporters to a story documenting negative reaction to the Mayor's defense of Con Ed.
(Contrast that with the glowing tone of a New York Times editorial on Mr. Bloomberg's handling of a blackout in 2003: "When New York City lost its power, Mayor Michael Bloomberg exercised his, leading the city relatively unscarred through a situation rife with potential disaster.")
And the Mayor's unexpected application of the Bloomberg doctrine provoked the ire of normally friendly officials, who seemed forced into expressing selective dismay over the Mayor's actions.
Councilman Eric Gioia of Queens professed to be "perplexed" by the Mayor's remarks and said he plans to hold Council hearings on Thursday.
Assemblyman Michael Gianaris, a Queens Democrat who lost power in his Queens home, has called on the borough's district attorney to investigate Con Ed for reckless endangerment. "Anyone who as been involved in this disaster over the course of the last week could not possibly say anything other than Con Ed has failed miserably," he said. "For the Mayor to say anything else, I don't know what he is thinking."
And Representative Joseph Crowley, a Democrat from Queens, added, "The Mayor doesn't want this to happen again. This isn't helping anyone politically. In this particular crisis, people were to some degree looking for more of a touch."
So far, the most obvious expression of the Mayor's displeasure with Con Ed—other than a comment that he was "annoyed" by the company's initial low estimates—has been to appoint Deputy Mayor Dan Doctoroff to oversee a commission investigating the blackout that will report to City Hall on Aug. 2. City Hall officials suggested that depending on the findings of that and subsequent reports, Mr. Burke may yet be held accountable for the blackout.
"[Mr. Bloomberg] looks at things from an empirical point of view. There is still no good data to explain what's going on, so why pile on here?" said David Hepinstall, executive director of the Association for Energy Affordability, which also contributed to the Energy Policy Task Force. "The jury is still out."
In the meantime, Con Ed workers continue to pull scorched wire and Mr. Bloomberg continues to stick to his line, even if it makes the residents of Queens cringe.
"You want to encourage people to do their best; criticizing them, particularly when you need them, is not a ways to incent people," he said on Tuesday morning in Queens. "And the politics are what the politics are; everybody should conduct themselves the way they think is right."
Filed Under: Home, Politics, Con Edison, Steven Cohen, Kevin Burke
SEE ALSO: Not Just Another Sushi Joint: Fresh and First-Rate at Nagomi

redpajama_set_name: RedPajamaCommonCrawl


I'm late to the SHF party! But when I saw the flower theme I couldn't resist putting something together, even at the last minute.
This is a rendition of one of Citizen Cake's signature desserts. Billed as the "pastry chef's restaurant", Citizen Cake has reigned in San Francisco for years as both an elegant full-service restaurant and a top-notch pâtisserie. Cakes, pastries, confections, and ice creams come out of Elizabeth Falkner's kitchen in a dizzying swirl, all classically based but with modern, playful twists: the popular Retro Tropical Shag is composed of layers of rum-soaked genoise filled with passionfruit mousse and vanilla buttercream and covered with coconut so it does, indeed, resemble those funky shag carpets. The charming Mocha Mi Su puts a spin on traditional tiramisu by mixing cocoa genoise with mocha mousse, chocolate ganache, and coffee buttercream.
Falkner's composed desserts really highlight her penchant for wordplay and kitchen-play – sophisticated combinations of flavors and textures, with a clever little in-jokes for names. For example, one of the their current desserts is named "Wagashi 2010", wagashi being traditional Japanese confections such as mochi, but Citizen Cake's rendition includes a dried persimmon mochi cake, crispy green tea soba, milk gelato, and a nori croquant. One of my favorite desserts the last time I went was the "Cha Cha Cha", composed of a tropical tamale with passionfruit crème brûlée and mojito paleta.
Falkner's rose petal crème brûlée is a staple on the menu; served with saffron-pistachio cookies, it's a delicate, floral air-kiss of dessert. Crème brûlée, like chocolate mousse, is another one of those desserts that can seem tired or overdone on menus, but done well in the hands of an expert, you remember exactly why it's so beloved.
As with all baked custards, the proof is in the baking – how you cook and supervise the custards will determine whether it achieves that delicate unctuous texture or it becomes tough and eggy. Custards need to bake evenly and slowly at a low temperature. This is why water baths are used – to help provide a gentle moist environment for the eggs in the custard to cook. I also place a towel on the bottom of the baking pan between the ramekins to further prevent any direct heat on the ramekins. Finally, if you want even more protection, you can always place a piece of aluminum foil over the top of the baking with some vent holes pierced in.
When the cooking time for the custards is done, check to see if the tops of the custards are set – they should shimmy slightly but the center should not move separately from the rest of the custard. You can also stick a thin knife into the custard (not in the center) and see if it comes out clean.
If they don't appear done, close the oven and bake for another 6-7 minutes. Resist the urge to constantly check on the custards; every time you open the oven more heat escapes, so given the low baking temperature you could end up with the custards never baking.
Of course, the best part of crème brûlées is the caramelizing of the sugar. I never thought I harbored any latent pyromania but there is a definite thrill in wielding a blowtorch and watching sugar bubble and brown beneath your eyes, forming that perfect crystalline surface just waiting for that Amélie-like tap-tap-tap.
Crème brûlées take very well to infusions of flavor, from teas to fruits to spices. I particularly enjoy this rose-scented one: sweet and springlike, the custard melts like silk on the tongue, leaving a whisper of rose and orange. The crystallized rose petals add a pretty dash of color; it is spring, after all, and the flowers are definitely in bloom!
Find a baking pan that will fit all of the ramekins you plan to use. The sides of the pan should be at least as high as the ramekins. Line the bottom of the baking pan with a towel.
Heat the cream and vanilla in a medium saucepan on medium heat until it comes to a boil. Remove from heat and let sit for about 10 minutes for the vanilla to infuse.
Whisk the eggs and sugar together in a bowl.
Slowly pour about a third of the hot cream into the eggs, whisking all the time to prevent the eggs from curdling.
Pour the tempered eggs back into the cream, whisking constantly until combined. Whisk gently to prevent bubbles from forming.
Strain the mixture into a clean bowl.
Add the Grand Marnier and rose water and let the custard cool slightly.
Arrange the ramekins in the baking pan on top of the towel. Using a ladle, carefully, pour the custard into the ramekins, filling just below the rim. Try to fill all of the ramekins to the same height so they will bake evenly.
Carefully pour hot water into the baking pan until it comes up about 2/3 of the way up the sides of the ramekins. Do not let the water get into the pan.
Carefully place the baking pan into the oven and bake for about 45 minutes to an hour until set. I checked at about half an hour and at 45 minutes, but don't open the oven door too often or you'll lose all the heat and the custards will not cook. You can check the progress of the custards by sticking a paring knife into the custard slightly away from the center. If it comes out covered in liquidy custard, it's not done yet. Also, if you lightly touch the center of the custard and your fingertip comes away covered in custard it is also not done.
When the custards are done, they should shimmy slightly when you move the pan (careful not to spill water!) but the center should not move separately. If, however, it has set like Jello and there are bubbles forming on the top it is becoming overcooked and you should remove the custards immediately. If the custards start rising at any point they have become overcooked.
After you remove the baking pan from the oven and the ramekins have cooled enough to handle, remove the ramekins, cover them, and chill in the refrigerator for at least 4 hours before serving.
When you are ready to serve the crème brûlées, take one ramekin at a time and sprinkle the top with sugar evenly over the top. Using a hand-held blowtorch, carefully caramelize the sugar. Keep the flame at least 2 inches from the sugar to prevent burning the sugar. You can also caramelize the sugar under a broiler.
Let the sugar cool for a couple of minutes before serving. Do not brûlée the custards more than 20 minutes before serving or the sugar may melt.
As always such a beautiful dessert. The composition … the photos … the writing … everything. It's beautiful!
These sound decadent and romantic. I love your detailed instructions on how to tell when the brulees are cooked enough (or too much).
Just lovely, lovely, lovely. I will never get tired of looking at creme brulee.
This looks great Anita! I like it when you break the crust and discover the creaminess inside. I never thought I had some pyromania in me either until I did my first bruleeing.
Lovely! I have just learnt how to make creme brulee at my apprenticeship and there we decor it with edible flowers that gave them a refreshing look! I shall propose a new look and perhaps create a variation to our menu to my chef with your version. Thanks! 🙂 Keep posting anita!
Thanks for participating ! Your Rosebud Crème Brûlée topped with crystallized rose petals looks simply gorgeous, wonderful way of jazzing it up!
You make it sound so easy too.
I love the squared dishes you used instead of the usual rounded..
Anita, this is so beautiful! I'm glad you posted it anyway!
This recipe sounds wonderful. Where does one find rose water? Thanks!
That sounds really lovely Anita. And the rose water and rose petal seem so perfect. Terrific ramekins, really love that shape and shallow shape!
Thus is beautiful! And sounds wonderful.
Hi Anita! Crème Brûlée makes such intriguing pictures… and all satiety is filled in the last photo with the spoon gently breaking the surface. Just gorgeous!
Wow – those are gorgeous! And I'll bet they're delicious too!
How gorgeous! I love the flavor combos. The contrast of the red against the creamy dush is just perfect!
those looks really really fantastic and more over i love the way u have explained each and every bit so well from if the custard rises..its overcooked to flame torching it…. i would never have the patience to explain in so much detail.Also love the candied rose petals.Beautiful photography as well .i give u a 10/10 !
Wow, this recipe is awesome. As a French, I sure love crèmes brulées, and the association with rose water must be very tasty !
beautiful post, anita!! and great job with the instructions. i applied for a scholarship with elizabeth falkner, so if by chance i win, we'll have to meet for a citizen cake experience!
Anita, every time I click on the saved link to your blog my heart starts beating fast because I know that it will be anotjher special reading. You have given a lesson in creme brulee making – thank you! I am a fan of CB. Once a very good friend sent me an email to say that she had tried her first CB and had not liked it, not liked the egg tasting dish. I knew straight away that she had been unlucky with the one she bought.As you well put 'done well in the hands of the expert' it is just special. AS for the recipe you used. how wonderful to have grand marnier and rose water. I have not yet tasted any of the unconventional ones – with infusions, so your recipe might become my first attempt.
The picture in this post looks gorgeous!
A beautiful site — and what gorgeous photos of your recipes. I've added you to my Typepad people and can't wait to try some of these things.
Anita, I'm a creme brulee addict. As old as it might be, it really is my favourite dessert. I love the way you've adapted it here. The only time I've ever really had rose-infused food was at a local Persian restaurant. What a great way to adapt the flavour.
Awww, thanks! I'm glad I came up with something nice for SHF!
Thanks! I used (and it still happens) get anxious about when my creme brulees were done – decided to write all the factors down!
Thank you! Creme brulee is a magical sort of dessert, isn't it?
It seems rich but I find the taste keeps it from getting too heavy. You can also make them in shallower dishes so you have less!
Thank you! Another secret pyromaniac:) I admit it was a great thrill when I finally got my own home blowtorch!
Edible flowers are a great touch for decorating! Glad you are exercising your creativity in school!
Thank you and thank you for hosting SHF, I was blown away by all the beautiful entries!
Well I wouldn't say easy – but after you do it several times you get better at knowing what to look for! I was looking for fluted dishes but the straight ones are nice too, aren't they?
I was too inspired by the theme not to participate. Thanks!
Thank you! Rosewater can be found in specialty food stores (like Whole Foods) or in Middle Eastern/Indian groceries. You can also get some online.
Thank you! It was a stroke of luck to find the dishes. I do like the shallow depth – you can enjoy the creme brulee but not feel like you're pigging out!
Thank you! I was pleased with how such a simple recipe turned out so nicely!
Thank you! It was delicious – the rosewater infused the cream very nicely!
Thank you! I was lucky to have a cloth in that shade of red to complement the rose petals!
Thank you! It was a pleasure to make and share, I'm glad you liked it!
Thank you! 10/10? I'm blushing. I've overcooked creme brulee before so wanted to write down how not to make that mistake again!
I must thank the French for having such a wonderful dessert! I found the rosewater a very nice addition to the flavor!
Thank you! Yes, you must let me know if you get that internship – or if you visit SF!
Thanks!:) Glad you enjoyed it!
Thank you for such a kind compliment! I love creme brulee and wanted to write how special I thought it was. I've added different flavors to the cream but I really like rosewater!
Thank you! I'm glad you enjoyed the post!
Thanks for visiting and for the add! I hope you continue to enjoy the page!
Thank you! One of my other favorite infusions into creme brulee was yuzu at a Japanese fusion restaurant. But the rosewater is one I found I really like!
The creme brulee looks delicious. I'm in search of the ramekins you used. I'm hosting a bridal shower, serving creme brulee, but I have one problem, I have everything square except the smooth edge square ramekins. I'm only able to find the scalloped edge square ones. Do you mind sharing where you purchased them? Thank you so much.
This look amazing. Where can I get rose water?
I love anything with rose! Must try this.
Could u pl let me know what is Grand Marina and Rose water if I am from Malaysia, South East Asia. Is there any substitution.


You can read more about the project here: Fifteen modifications later, he threw it into her fantasies - The Warren Ellis Gun Machine remix and here Notes on remixing Noon, generative text and Markov chains.
The text above is generated using the online fictional remixing engine v.0.1. using random extracts from the following novel by Warren Ellis. There will be bugs and encoding issues.
You can also find remixes of Jeff Noon books here.


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Worship / Mission / Outreach
News/Inspiration
Author: Christ Church
"The Need to Dream and A Chance to Heal"
On a chilly day in February of this year, I was enjoying a delightful time with one of my daughters, replacing the radiator on her hand-me-down, 240,000 mile vehicle. Changing the radiator in the middle of my southwest Baltimore street made for some unexpectedly wonderful encounters. There was our mail carrier who reintroduced himself after he and I had met at a neighborhood party. An older woman, impressed by my daughter's dirty hands, said to me, "You need to come and get my son off the couch. He won't do nothing." There was the neighbor who used to do his own car work and offered to loan tools should we need any, another neighbor who I learned refurbishes motorcycles ("I've been riding them since before I had a driver's license!") and the random stranger who drew out an 8" knife blade to help us remove a stuck hose. "Don't worry," he said somewhat reassuringly, "I won't stick you." I was reminded how, in the midst of so many challenges in our public life, most people in most places ..
July 1, 2020July 1, 2020by Christ Church
The US Southern Border: A Symbol of Unity or Isolation from the Continent?
In light of the recent Supreme Court Decision that prevented the Trump administration from revoking the Deferred Action for Childhood Arrival (DACA) policy due to failure to provide adequate justification, immigration is back on the top of everyone's mind. Questions of the border particularly the US Southern Border have come into sharper focus. Moreover, as we enter another intense season, it is clear that President Trump will aim to use immigration and the Southern Border as another wedge issue to encourage voters to support his re-election. This paper reflects on the United States' southern border and ponders its symbology and proposes a re-examination of how Christians should view the border in light of the gospel.
The border has unique symbolism and conjures thoughts of protection, filtration, separation, or insulation from danger. Borders are a critical part of the functional integrity of a country and allow for governments to track commerce, register individuals, and provide a l..
June 29, 2020June 29, 2020by Christ Church
Lazarus is Walking in Baltimore: A Resurrection Uprising
I. His eyes wouldn't stay shut.
They taped them shut,
and then they'd just pop open again …
Initially, it seemed like small talk on a typical Sunday afternoon. That, at least, is what I imagined when I sat down at a round table with Treshawna Williams, LaChelle Rice, and Phyllis Scott in Reid Chapel, just outside the main sanctuary of the First & Franklin Presbyterian Church, in the Mt. Vernon neighborhood of Baltimore. It was a little after 2 p.m. on March 24, 2019. Our church was preparing to host a community-wide concert to raise awareness about the violence in our city. So it was that Treshawna, Phyllis, and LaChelle were there, in Reid Chapel, preparing to speak in a traditionally white church. They were united by a story of loss: each had lost a child to the violence in Baltimore, Treshawna just a few months before.2
If the concert that followed was powerful (and it was), the testimonies of these three women were inexpressibly beautiful and to the same degree painful. Yet wha..
7 Ways White Jesus Perpetuates White Supremacy
For many white folk, the image of Christ as a white man is normal. Portraits by the famous artist, Warren Sallman, hang in many churches and households instilling the image of the white Jesus in the minds of many church members. When a Google search is conducted to find images of Christ, stock photos and webpages fill the search results with images of a whitewashed Christ that, again, perpetuates how we see the Savior of our world.
Jesus' depiction as a white man is not only false, but it is a sin. These false artistic depictions perpetuate, intentionally, the oppressive violence and power hungry motives of white supremacy. Here are just 7 Ways White Jesus Perpetuates White Supremacy:
White Jesus whitewashes the Brown Jesus. The whiteness of the falsely created white Jesus erases the Brownness of the actual Christ who dwelt among humanity. The humanity of Christ was lived out as a brown person with a certain culture and a certain time and space. As we believe in the incarnation, we..
Setting the Table, Moving Forward, and 'Not Going Anywhere'
HISTORICAL JOURNEY
The beginnings and journey of Knox Presbyterian Church reveal a church community with a defiant hope and a tenacious faith to overcome all odds to be followers of Jesus Christ.
Knox was started in 1926 as a mission to address the great Black migration from the south to the North. My own family moved from Chester, South Carolina to Baltimore in that migration.
My parents were products of Brainard Institute, a missionary effort started by Presbyterians in South Carolina. They and my grandparents settled in East Baltimore and were some of the first members of the fledgling missional Knox church.
At a time when Black Presbyterian ministers were primarily trained at the two Black Presbyterian seminaries, Johnson C Smith and Lincoln University, the church chose a young man of 26 years by the name of Herman Octavius Graham, relatively new to our shores from Jamaica.
He was chosen to start the effort with little to no resources and there was still much debate then abou..
LOOKING BACK ON 40 YEARS IN THE PCUSA: The Risks and Rewards of doing Sex and Gender Justice
This is a personal story about what it means to be part of a movement to change the attitudes of a denomination and our nation, particularly on matters of women's rights and human sexuality. I write to encourage people to consider serving on national committees, and to encourage the church to retain a strong Presbyterian system of social justice committees and the development of carefully prepared reports and policy. I mourn the vocations sacrificed in years of moral and theological clashes, and applaud the words spoken today (June 4, 2020) by the Rev. J. Herbert Nelson, Stated Clerk of the General Assembly of the PCUSA: "No longer can we hide behind not being controversial."
Forty years ago, 1980, I was elected by the United Presbyterian Church in the U.S.A. (UPCUSA) to serve on the relatively new Council on Women and the Church (COWAC). Fast forward to 2020. I'm saying goodbye to national service after four years as a member of the PCUSA Advisory Committee on Social Witness Policy (..
Setting the Inner Compass: June Column
Reading poetry is one of the ways some of us nourish our faith, a way we set or reset our inner compass and stay focused on the big picture, on the spiritual journey. I know that is true for me. The time that has passed since the May poetry column has been a season of overwhelming sadness, anger, and a call to action. The systemic racism in this country and our church has never been more apparent. The Langston Hughes poem, "Harlem", has echoed in my heart the past few weeks. It begins with a question: "What happens to a dream deferred?" It continues, "Does it dry up like a raisin in the sun? Or fester like a sore—And then run?" The poem concludes, "Or does it explode?" Yes, it explodes. We have work to do. Inner work and joining with others for social change.
Wendell Berry begins his "Peace of Wild Things" with the line: "When despair for the world grows in me." These lines resonate with the first half of 2020. There is much that causes us to feel despair. It is easy to feel overwhel..
5 Reasons for Racial Affinity Groups in Anti-Racism Work
Anti-racism work and training is by no means work that needs to be done in silos. But when it comes to dismantling white supremacy and racism, white people and people of color have different work to do. This means that white people need to do the work separate from their siblings of color before any type of reconciliation happens. Here are just 5 reasons why separating into race based affinity groups is important for anti-racist work.
People of color need spaces to grieve, lament, mourn, and share their emotions in community away from white people.
White people tend to take up excess space as well as center conversation around themselves. People of color, gathering together in their own spaces, may find more freedom and trust to do the work they need to do in processing.White people created white supremacy so white people need to do the work to dismantle it.
White supremacy is a white people's problem and it is going to take white people's intentional efforts to dismantle white supr..
I Can't Breathe: Systematic Police Brutality in the United States
Minneapolis, in full light of day, George Floyd, an African American man, age 46 was lynched by a police officer of European descent. His execution was transmitted live on Facebook and has led to a global movement fighting against police brutality and ongoing impacts of polices and laws designed to protect and support European descendants.
George Floyd was handcuffed and laid on the street with his head to one side. The police officer, Derek Chauvin, had his knee around his neck and two other officers were holding him by the waist and legs for over eight minutes. George Floyd's final words were "Please, please, please, I can't breathe. My stomach hurts. My neck hurts. Please, please. I can't breathe." The police officers continued to hold him until the ambulance arrived to verify his death. This murder comes amid multiple news reports of other African Americans who were also killed by police in the United States.
SAN JOSE, CA – MAY 29: A protester takes a knee in front of San Jose ..
CRISIS MINISTRY CAPACITY: Now is the time to build more of it.
"Don't just do something, stand there." The first thing to do in a crisis or even disaster is not to panic. This is not "fight, flight, or paralysis," but steadiness, rooted in the inner security of faith. A national or international crisis is something that it helps to have a denomination to address, and an ecumenical movement. More than a disaster, a crisis or multiple crises requires more than sending money. It means aligning with those who seek a solution, and it may mean standing-symbolically and actually—with protesters and whistle-blowers. It means analyzing the obstacles to social change, which usually has a long range dimension.
In the current police accountability crisis, for example, Presbyterians may be helped to know that the General Assembly has endorsed peaceful protest and civil disobedience when necessary, and has called for de-militarizing (though not de-funding) the police. It has also, in the resolution, Honest Patriotism, identified the slow-motion crisis of lies..
5 Reasons Christians Should Oppose the Death Penalty July 27, 2020
What are your Filters? July 26, 2020
Adjusting to the Pandemic: A Teacher's Story July 22, 2020
Practice Humility July 20, 2020
What are the Unclean Spirits? A Sermon for Now July 19, 2020
Deacons Ministry
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Choice Provisions has announced that Commander Video is up and running again in Runner3 for PlayStation 4. The title is already out for PC and Nintendo Switch, with a release for PS4 next week. At the same time of launch on PS4, the Switch and PC versions will receive a huge free update with loads of content. Much of the update is based on player feedback since the game's original release in May. Players can expect to see new changes in permanent bug fixes, new difficulties and more.
Players will now have the ability to toggle enemy density, add more checkpoints to levels, disable the bonk counter, turn off collectibles and turn on stair assists. A new self-bonk feature will help players trying to go for a perfect run or a collectible. Additionally, all character moves will be available from the get-go. Now is also a great time to grab the game since it will receive a permanent price drop from $29.99 to $19.99 with a 50% off discount in the first two weeks of the PS4 launch. Runner3 is available for PC and Switch, with the PlayStation 4 version launching on November 13.


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2000 AD Announces Summer Special, Promises The Return Of Outer-Space Trucking Action (Really)
Chris Sims Published: April 24, 2015
On June 24, 2000 AD is putting out the latest in their line of 48-page seasonal anthologies, and as you might expect, the Summer Special is set to feature all the usual suspects that you get in the weekly prog. There's a Judge Dredd story, of course and Rogue Trooper makes an appearance, and there are a couple of new offerings in there as well. Pretty standard stuff.
And then there's the return of the Ace Trucking Company, which features an interstellar alien truck driver and his zombie pal haulin' goods across the cosmos, complete with sci-fi CB language. So, you know, this is obviously something you're going to want.
Eddie Robson and Nick Dyer's "Star's Truck" will mark the first new Ace Trucking Co. story in almost thirty years. The serial, originally created by John Wagner, Alan Grant and Massimo Belardinelli, originally ran from 1981 to 1986, a golden age for comics about truckers that also included U.S. 1. Sadly, that beautiful era passed, but now, we can hope for a revival.
On the off chance that you're one of those few readers who prefers comics that don't revolve entirely around driving an eighteen-wheeler through outer space (and who are we kidding, such a reader simply does not exist), here's the full lineup for the Summer Special:
Judge Dredd: Let's Go To Work by Mike Carroll & Jake Lynch
Rogue Trooper: Death of a Demon by Guy Adams & Darren Douglas
Ace Trucking Co.: Star's Truck by Eddie Robson & Nick Dyer
Survival Geeks: Movie Night by Gordon Rennie, Emma Beeby & Neil Googe
Robo-Hunter: Iron Sam by Alec Worley & Mark Simmons
Future Shocks: Dust by Gary Blatchford & John Higgins
And just as a bonus, here are some pages from Survival Geeks and Robo-Hunter:
2000 AD Summer Special
Filed Under: 2000 AD Summer Special, Ace Trucking Company, Alec Worley, Darren Douglas, Eddie Robson, Emma Beeby, Gary Blatchford, Gordon Rennie, Guy Adams, Jake Lynch, john higgins, Mark Simmons, Mike Carroll, Neil Googe, Nick Dyer
Categories: 2000 AD
The Eye In Team: What Do We Lose When A Comic Doesn't Have Its Own Artist?
The Fourth Doctor Leaps Off The Screen Into Danger In 'Doctor Who: Gaze Of The Medusa' [Review]
2000 AD Immortalizes Harry Heston, Gorilla Judge, After Creator's Untimely Death
Corvo Hunts For An Apprentice In Rennie and Olimpieri's 'Dishonored' #1 [Preview]
The Enduring Influence Of 'Watchmen'
Titan Announces Four-Issue 'Dishonored' Comic For August
'Jacked' Comes To Its Cuss-Filed Conclusion In Next Week's #6 [Preview]
DC Rebirth: All The Teams and Announcements From WonderCon
Weekender: Philipp Meyer, 'The Invention of E.J. Whitaker', and Poo-Eating Rabbits


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BFA Curriculum
Midpoints
Workshop Dates & Times
Spring Show
+ New Media
The School of Web Design & New Media prepares students for cutting-edge careers in experiential design and digital media. We teach an integrated approach to New Media that is based on four key fundamentals: Design Thinking, Visual Communication, Technology, and User Experience. Web Design & New Media graduates are strategic thinkers, producers, and creative technologists poised to lead innovation on a global level.
Archive for 'April 2015'
WNM Grad turns internship into Dream Job at Optimizely (An interview with WNM Graduate Alumna Neha Saigal)
What does it take to turn an internship into a dream job? Recent AAU graduate Neha Saigal (MFA, Fall 2015) knows. This tenacious School of Web Design & New Media star combined a cutting-edge portfolio, research, and a customized communications approach into a recipe for success.
Neha started full-time at San Francisco tech start-up Optimizely in January. Last Fall, I sat down with Neha and quizzed her on her choices, challenges, and advice for students. The result is a lesson in the right way to kick off a career.
Original interview, September 17, 2014 with Neha Saigal by Ryan Medeiros.
Q: Why Opitmizely?
A: Optimizely is in a really interesting space. "A/B" user testing analytics is very cutting-edge, and technical. It's really challenging as a designer.
I also like the size. It's a mid-sized start-up -- when you work at a company that size, your chances to grow are much higher.
And Optimizely was rated one of the best first jobs in San Francisco, according to an article I found. I think it was the Huffington Post or SFGate.
Q: How many people now work at Optimizely?
A: At the beginning of 2014 there were 200, now there're 275.
Q: Wow, growing fast!
A: Yeah! And they actually just got $57 million in second-round funding -- so they're doing well.
Q: Impressive. What's the story of behind you getting the internship?
A: Actually, I did my first internship back in summer 2013 with a company called CloudOn in Palo Alto. I got it purely through a lot of online applications. I applied to like 40 places and I got the internship.
At CloudOn I developed a really good rapport with the lead designer there, Christian Crumlish. He's written a lot of books, and he is friends with Jared Spool -- so he's really well known in the industry. He has a lot of connections.
Q: That connection lead to the internship at Optimizely?
A: I kind of stayed in touch with him [ Christian ]. And earlier this year when I was looking, I emailed him, and I was like "I'm looking for jobs, internships, whatever - I'm graduating at the end of the year."
So Christian got in touch with this engineer at Optimizely, who he didn't know, but he just connected me with him. The engineer connected me to the technical recruiter, and then I went through the normal interview process.
But I got in through a referral. It's always better to do that. It was my first internship that got me my second internship, and now my job.
Q: So, going in to the internship, were there things in particular you were hoping to learn? Skills you wanted to master?
A: I would say that, if I talk about my internship from last summer, that was my first real industry experience. I needed quite a bit of hand-holding. I had been at school and done projects, but it's different in the real world. The pace is so much faster. It's shocking how little time you have to deliver sometimes. So, I got a lot of mentorship in my first internship.
At Optimizely the company culture is very much based on ownership. You can kind of drive your own projects. I worked on two teams over the summer, working on the analytics. I started doing coding in the beginning, but eventually I decided to stick with product design. In the long run, when I'm working there full-time, that's what I'll be doing -- and I'm going to try to get more into prototyping.
Q: Tell us more about your role as a "Product Designer"
A: The role that I was hired for, in January, is as a product designer. Which is basically a hybrid role. At Optimizely they have a UX research team, but my role now is product design. It's an engineering heavy environment. This is great because I didn't know that this role was what I was actually looking for.
Last year I worked as a user experience designer and research intern -- and you don't really see the product end-to-end. But as a product designer, you do everything. You work with the researcher, you observe, you talk to people within the company, and you do the interaction design all the way to the final.
We have a design critique every week and say, "Hey, this is what I'm doing." I was working with people who had really different skill-sets, which was really, really awesome.
Q: And who was your manager, again, or your supervisor?
A: Tommy Giglio, he's the design manager.
Q: What was your greatest challenge?
A: I think, in the beginning, I had to learn to understand the product. It's a very technical. It took me a few weeks. Another challenge was working in analytics. I was on the stats side of the product. It took some time to understand that really well so that I could communicate it.
Q: ...and In a short period of time.
A: Yeah. Projects moved really, really quickly. The workflow is Agile -- so every two weeks it's a sprint. At the beginning of every two weeks you have X number of tasks that you have to finish by the end of those two weeks.
Q: What was the interview process like?
A: I had three interviews, the first one was with the technical recruiter, which was a phone screen. Followed by the second one with my manager, which was a 30-minute general interview. The third one was on-site, which was six hours long!
I presented three portfolios. One was my Thesis, and then the work I did at my previous internship, and finally this other app I made in my Mobile Web Tech class with Andrea [ Pimentel, Assoc. Director WNM ]. All that was followed by four other interviews, and an on-the-spot app building brainstorm session.
Q: Wow! Did anything from school translate into helping you with the interview?
A: Midpoint presentation made me really good at presenting stuff, that's for sure.
And obviously, the portfolio. But I think the Thesis process is a great -- more than any other project. In the Thesis you work on every aspect of a product, and, if you do a good job, and you're actually doing everything, it's a really good reference point.
I've done all this research, and it really shows. That is what they [ Optimizely ] actually liked about my project. It showed a hybrid skill-set, because it was research and visual design -- and that's what my role is going to be.
Q: Okay, last question. Do you have any advice for students who are looking for an internship?
A: There's a lot of good sites for interviews. Simply Hired and InternMatch are good. But actually, when I was looking, I also just emailed some start-ups saying, "Hey, I really like what you're doing."
And then there's LinkedIn, of course, and Interaction Design Association, AIGA, they all have job postings.
Maybe, writing cover letters -- which are so annoying!
But it's really good to be able to write something specific about each company in a cover letter. Otherwise it looks generic, like you just changed the name and sent it.
I liked the portfolio presentation. I know not every interview has that, but depending on the role that you're looking for, you can often find the interview questions online.
Know your strengths, your weaknesses, what your process is. That comes up in every interview I've done. They always ask, "What's your design process?" That's something you really need to have down pat, and be able to talk about. So I think, just preparing. It's like the Midpoint presentation, you prepare enough and you're not nervous anymore.
Q: Well, thank you very much. This is really good insight. We really appreciate this and we congratulate you on your success in your new job.
Update: Neha is now working a Optimizely full-time and is fitting in great. I'm so proud of her and wish her the best of luck in her career. For a video of Neha's final Thesis presentation and other presenters checkout the Academy of Art University's Guest Speaker website (https://speakers.academyart.edu/) and choose "Web Design & New Media" from the "SCHOOLS" menu.
-- Ryan Medeiros
( Director, School of Web Design & New Media)
Online Students: Summer Expo 2015 is coming!
It's never too early to plan for Summer Expo. This year's Summer Expo will be held from June 20 to June 28. You should seriously think about visiting the school to enrich your experience as an Academy of Art University student.
You can meet your instructors in person, network and meet your classmates from not only from School of Web Design & New Media but from other departments as well.
Your Directors and Faculty will be providing demonstrations and will be available to help you with any challenges you are facing in your course work.
Come and enjoy San Francisco! While most of the country is baking in the Summer heat. The city is warm in the days and cool at night. Layering is key to enjoying a few days in San Francisco. We're excited to see you in June!
Here's a link with more information. http://www.academyart.edu/EXPO15
Ask Andie!
Your questions, answered! Submit your questions at tinyurl.com/askandie
Questions answered:
- How many BFA graduates get a job in their field immediately after graduation?
- If a student does not pass the Final Review what happens next?
- I failed my midpoint and I am trying to get some direction on where to go get help.
- Is that a pixelated Van Gogh in the background?
More videos at vimeo.com/askandie
79 New Montgomery St.
www.academyart.edu
© Academy of Art University, 2015


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Music is everything - from the collection of the best music on the planet to attending every concert imaginable!
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What's a summer without some hot dogs and brats? While we love a classic dog in a bun topped with tomato, mustard, relish, and onions, we've been known to show off with our hot dog recipes every now and then. If you feel like dressin' up some dogs along with us, we've got some great hot dog and bratwurst recipes for you to try. Now, tell us—do you prefer a classic hot dog or brat or a new twist?


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September Page II
Proximate Cause Can Not Be Based Upon Speculation/Many Possible Causes
In affirming the grant of summary judgment to the defendant, the Second Department explained that, although proximate cause can be established by circumstantial evidence, it cannot be based on speculation:
"Proximate cause may be established without direct evidence of causation, by inference from the circumstances of the accident; however, mere speculation as to the cause of an accident, when there could have been many possible causes, is fatal to a cause of action".. . Belousov v Warnock, 2013 NY Slip Op 05787, 2nd Dept 9-11-13
No Demonstrated Connection Between Stair-Related Code Violations and Injury
In affirming the grant of summary judgment to the defendant in a slip and fall case, the Second Department noted that there was evidence the step risers and tread did not meet code requirements, but there was insufficient evidence connecting the defect with the accident:
The defendants made a prima facie showing of entitlement to judgment as a matter of law by establishing that the plaintiff was unable to identify the cause of her fall … . In opposition, the plaintiff failed to raise a triable issue of fact. The plaintiff submitted expert evidence that the step risers and treads did not comply with various sections of, inter alia, the New York City Building Code. However, the plaintiff's assertion that these alleged stairway defects proximately caused her accident is based on sheer speculation …, and is, in fact, contradicted by the record. Humphrey v Merivil, 2013 NY Slip Op 05799, 2nd Dept 9-11-13
Question of Fact Raised About Whether Snow-Removal Contractor Created or Exacerbated the Dangerous Condition
The Second Department affirmed the denial of summary judgment to a snow-removal contractor (SCS) in a slip and fall case. The plaintiff fell on a mound of snow between the street and a sidewalk. The court explained:
A contractor may be held liable for injuries to a third party where, in undertaking to render services, the contractor entirely displaces the duty of the property owner to maintain the premises in a safe condition, the injured party relies on the contractor's continued performance under the agreement, or the contractor negligently creates or exacerbates a dangerous condition … . SCS demonstrated its prima facie entitlement to judgment as a matter of law dismissing the amended complaint insofar as asserted against it … by demonstrating that the injured plaintiff was not a party to the snow and ice removal contract, and that it did not owe a duty to him … . In opposition, however, the plaintiffs raised a triable issue of fact as to whether SCS's alleged negligence created or exacerbated the hazard which was a proximate cause of the accident… . LaGuarina v Metropolitan Trans Auth, 2013 NY slip Op 05800, 2nd Dept 9-11-13
Not Enough Time Passed to Invoke Constructive Notice of Icy Condition Under "Storm Progress Rule"
The Second Department reversed Supreme Court and granted summary judgment to the defendant in a slip and fall case. The court determined not enough time elapsed to invoke constructive notice of the icy condition under the "storm progress rule:"
"A defendant may be held liable for a dangerous condition on its premises caused by the accumulation of snow or ice upon a showing that it had actual or constructive notice of the condition, and that a reasonably sufficient time had lapsed since the cessation of the storm to take protective measures" … . "Under the storm in progress' rule, a property owner will not be held liable for accidents occurring as a result of the accumulation of snow or ice on its premises until an adequate period of time has passed following the cessation of the storm, within which time the owner has the opportunity to ameliorate the hazards caused by the storm" … . McCurdy v KYMA Holdings, LLC, 2013 NY Slip Op 05802, 2nd Dept 9-11-13
More than One Possible Cause of Icy Condition Required Grant of Summary Judgment to Defendant
The Second Department affirmed the grant of summary judgment to the defendant in a slip and fall case. The plaintiff alleged that the black ice which caused the fall was the result of water dripping from a gutter on defendant's property. It had been drizzling for several days prior to the fall and was drizzling on the day of the fall. The court determined the attempt to link the icy condition to the dripping gutter was too speculative to support the action:
A real property owner or a party in possession or control of real property will be held liable for injuries sustained in a slip-and-fall accident involving snow and ice on its property only if it created the dangerous condition or had actual or constructive notice of the condition … . "Where the facts proven show that there are several possible causes of an injury, for one or more of which the defendant was not responsible, and it is just as reasonable and probable that the injury was the result of one cause as the other, plaintiff cannot have a recovery, since he [or she] has failed to prove that the negligence of the defendant caused the injury" … . Morreale v Esposito, 2013 NY Slip Op 05803, 2nd Dept 9-11-13
Gaps in Treatment Precluded "Continuous Treatment Doctrine" in Medical Malpractice Suit---Action Time-Barred
The Second Department reversed Supreme Court and granted summary judgment to the defendant in a medical malpractice action finding the action was time-barred because the continuous treatment doctrine did not apply:
Although the plaintiffs contend that the statute of limitations was tolled by the continuous treatment doctrine, they failed to raise a triable issue of fact in that regard … . The plaintiffs' decedent received treatment from the defendant over a 17-year period for recurrent bladder tumors. After his initial diagnosis, in 1991, the decedent typically returned for treatment only when he was symptomatic, experiencing hematuria. Thus, between December 1999 and April 2003, and again, from December 2004 until October 2007, the decedent did not visit with the defendant. As a result of these temporal gaps, because the decedent did not continue to seek a course of treatment, any continuity in treatment that had existed was severed … . Accordingly, the Supreme Court should have granted that branch of the defendant's motion which was to dismiss, as time-barred, so much of the complaint as was based upon alleged acts of medical malpractice and lack of informed consent committed prior to December 22, 2006… . Peykarian v Yin Chu Chien, 2013 NY slip Op 05809, 2nd Dept 9-11-13
Summary Judgment Properly Granted to Snow-Removal
Contractor---"Espinal" Exceptions Explained
In affirming the grant of summary judgment to defendant snow-removal contractor (Lemp) in a slip and fall case, the Second Department clearly explained the applicable law, including the "Espinal" exceptions to the rule a contractor is not liable to third parties:
As a general rule, a limited contractual obligation to provide snow removal services does not render the contractor liable in tort for the personal injuries of third parties … . However, in Espinal v Melville Snow Contrs. (98 NY2d 136, 140), the Court of Appeals recognized that exceptions to this rule apply (1) where the contracting party, in failing to exercise reasonable care in the performance of his or her duties, launches a force or instrument of harm, (2) where the plaintiff detrimentally relies on the continued performance of the contracting party's duties, and (3) where the contracting party has entirely displaced another party's duty to maintain the premises safely.
Contrary to the plaintiffs' contentions, the defendant Lemp Landscapers, Inc. (hereinafter Lemp), made a prima facie showing of its entitlement to judgment as a matter of law by offering proof that the injured plaintiff was not a party to its snow removal contract with the defendant Woodland Pond Condominium Association (hereinafter Woodland), and that it thus owed no duty of care to the injured plaintiff … . Since the plaintiffs did not allege facts in their complaint or bill of particulars which would establish the possible applicability of any of the Espinal exceptions, Lemp, in establishing its prima facie entitlement to judgment as a matter of law, was not required to affirmatively demonstrate that these exceptions did not apply … .
In opposition to Lemp's prima facie showing, the plaintiffs offered no evidence to support their contentions that Lemp launched a force or instrument of harm by creating or exacerbating the icy condition that allegedly caused the plaintiff Ernest Rudloff's fall … . By merely plowing the snow in accordance with the contract and leaving some residual snow or ice on the plowed area, Lemp cannot be said to have created a dangerous condition and thereby launched a force or instrument of harm. Moreover, a claim that a contractor exacerbated an existing condition requires some showing that the contractor left the premises in a more dangerous condition than he or she found them … . Therefore, even if Lemp failed to sand or salt the roadway on which the injured plaintiff fell, the plaintiffs have offered nothing more than speculation that the failure to perform that duty rendered the property less safe than it was before Lemp started its work … . Rudloff v Woodland Pond Condominium Assn, 2013 NY Slip Op 05812, 2nd Dept 9-11-13
NEGLIGENCE/MUNICIPAL LAW
"Professional Judgment Rule" Did Not Preclude Lawsuit/Plaintiff Bitten by Police Dog While Assisting Police in a Search
The plaintiff was bitten by a police dog while assisting the police in a search. Supreme Court denied defendants' motion for summary judgment and the Second Department affirmed, explaining there was a question of fact about whether the "professional judgment rule" applied:
"The professional judgment rule insulates a municipality from liability for its employees' performance of their duties where the . . . conduct involves the exercise of professional judgment such as electing one among many acceptable methods of carrying out tasks, or making tactical decisions" … . However, "the immunity afforded a municipality for its employee's discretionary conduct does not extend to situations where the employee, a police officer, violates acceptable police practice" … .
Here, the defendants did not establish their prima facie entitlement to judgment as a matter of law. A question of fact with respect to whether the conduct of the dog's handler was consistent with acceptable police practice was presented by the defendants' evidentiary submissions … . Accordingly, summary judgment was properly denied … . Newsome v County of Suffolk, 2013 NY Slip Op 05805, 2nd Dept 9-11-13
NEGLIGENCE/LANDLORD-TENANT
Summary Judgment Properly Granted to Out-of-Possession Landlord---Injury Caused by Defect in Floor
The Second Department affirmed the grant of summary judgment to an out-of-possession landlord (Hudson). Plaintiff alleged a defect in a concrete floor caused his injury. The Second Department wrote:
An out-of-possession landlord is not liable for injuries caused by dangerous conditions on leased premises in the absence of a statute imposing liability, a contractual provision placing the duty to repair on the landlord, or a course of conduct by the landlord giving rise to a duty … .
Here, the Hudson defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the code provisions relied upon by the plaintiff do not constitute statutes imposing liability, that the lease placed the responsibility to repair the floor defect on Kawasaki, and that the Hudson defendants did not, through a course of conduct, assume any duty to repair the alleged defect in the floor… . Volpe v Hudson View Assoc, LLC, 2013 NY slip Op 05814, 2nd Dept 9-11-13
Teacher Had Not Acquired "Tenure by Estoppel"
In reversing Supreme Court, the Second Department determined a teacher had not acquired tenure by estoppel:
"In general, estoppel is a bar which precludes a party from denying [that] a certain fact or state of facts exists to the detriment of another party who was entitled to rely on such facts and had acted accordingly" … . "Tenure may be acquired by estoppel when a school board accepts the continued services of a teacher or administrator, but fails to take the action required by law to either grant or deny tenure prior to the expiration of the teacher's probationary term" … . Although Education Law § 3012(1) provides that certain teachers shall be appointed "for a probationary period of three years," it "does not contain a provision which would prevent a probationary teacher from knowingly and voluntarily waiving the three-year probationary period" … .
Here, as indicated by the petitioner's own letter to the principal, the petitioner agreed to extend his probationary period for an additional year. Consequently, the petitioner's probationary period had not expired when the School District terminated his employment and, thus, he had not acquired a tenured position by estoppel. Matter of Chishom v Hochman, 2013 NY slip Op 05818, 2nd Dept 9-11-13
APPEALS/CIVIL PROCEDURE
"Law of the Case" Doctrine at the Appellate Level Explained
The Second Department explained the "law of the case" doctrine at the appellate level in the context of a Family Court matter:
As a general rule, the law of the case doctrine precludes this Court from reexamining an issue which has been raised and decided against a party on a prior appeal where that party had a full and fair opportunity to address the issue … . Review of the mother's contention regarding the prohibition against telling the child that any man other than the father is the child's biological father is barred by the doctrine of law of the case, as this Court has already decided this exact issue on a prior appeal …, and there has been no showing of subsequent evidence or change of law … . Matter of Fulmer v Bisenbaum, 2013 NY slip Op 05819, 2nd Dept 9-11-13
Four-Year Statute of Limitations for Rent Overcharge Claim
The Second Department explained the four-year statute of limitations for a rent overcharge claim:
"A rent overcharge claim, whether made in a judicial or administrative forum, is subject to a four-year statute of limitations" (... see CPLR 213-a; Administrative Code of City of NY § 26-516[a][2]). "[T]he Rent Regulation [*2]Reform Act of 1997 (RRRA) (L 1997, ch 116) clarified and reinforced the four-year statute of limitations applicable to rent overcharge claims (see Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-516[a])" …, "preclud[ing] a court from examining the rental history of a housing accommodation prior to the four-year period preceding the filing of the rent overcharge complaint" …, except in situations where there are substantial indicia of fraud.
Here, the DHCR [NYS Division of Housing and Community Renewal] properly determined that July 17, 2005, was the "base date" of this proceeding, that is, the date four years prior to the filing of the relevant rent overcharge complaint. The DHCR properly refused to examine the rental history of the subject apartment prior to the "base date," since there is no merit to the petitioner's contention that there were substantial indicia of fraud in connection with the landlord's establishment of the amount of the initial legal registered rent… . Matter of Watson v New York State Div of Hous & Community Renewal…, 2013 NY Slip Op 05828, 2nd Dept 9-11-13
ARTICLE 78/EDUCATION LAW
Student Who Had Been Expelled Could Bring Plenary Complaint Against School, in Addition to an Article 78 Proceeding
In a full-fledged opinion by Justice Andrias, the First Department determined that a dental student who had been expelled in a disciplinary action could bring both an article 78 proceeding and a plenary action for damages against the school. The court went through each cause of action in the complaint and allowed a few, including sex discrimination claims, to go forward. (In a previous appeal the article 78 petition re: the expulsion had been granted, finding that expulsion was too severe a penalty.):
"Judicial review of an academic institution's disciplinary determinations is limited to whether it substantially adhered to its own published rules and guidelines and whether the determinations are based on a rational interpretation of the relevant evidence" … . Thus, to the extent plaintiff's causes of action are, in essence, a challenge to the determination to expel her, she was only entitled to article 78 review …, and the filing of the article 78 proceeding mandated the dismissal of the plenary action insofar as it raised such claims … . Conversely, to the extent the gravamen of plaintiff's causes of action is not a challenge to the decision to expel her and is not duplicative of the petition's allegations, she is not limited to article 78 review and may seek damages in a plenary action … . Kickertz v New York Univ, 2013 NY Slip Op 05781, 1st Dept 9-10-13
Criteria for Downward Departure in SORA Proceeding Explained
The Second Department explained the criteria for a downward departure in a SORA proceeding:
A court has the discretion to downwardly depart from the presumptive risk level in a proceeding pursuant to SORA (see Correction Law article 6-C) only when the defendant makes a twofold showing … . The defendant must first identify, as a matter of law, an appropriate mitigating factor, namely, a factor which "tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is otherwise not adequately taken into account by the [SORA] Guidelines" (…see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006 ed]). Next, the defendant must prove by a preponderance of the evidence the facts necessary to support the applicability of that mitigating factor … . In the absence of this twofold showing, the court lacks discretion to depart from the presumptive risk level … . Here, the defendant failed to make the requisite showings. Consequently, the Supreme Court did not have the discretion to depart from the presumptive risk level … . People v Ologbonjaiye, 2013 NY Slip Op 05807, 2nd Dept 9-11-13
Mitigating Factor (12 Years Since Release) Did Not Warrant Downward Departure in SORA Proceeding
The Second Department affirmed Supreme Court's refusal to depart downward in a SORA proceeding, even though the fact that defendant had not been convicted of any sex offenses in the 12 years following his release from prison was a mitigating factor not taken into account by the risk assessment guidelines:
… [T]he defendant requested that the Supreme Court downwardly depart from his designation as a presumptive risk level two sex offender. In that respect, the defendant demonstrated, by a preponderance of the evidence, that he had not been convicted of any sex offenses in the 12 years following his release from prison, which is a mitigating factor not adequately taken into account by the SORA Risk Assessment Guidelines … . Nevertheless, in light of the grievous nature of the defendant's offense and, thus, the danger he poses to society should he reoffend, the Supreme Court did not improvidently exercise its discretion in declining to downwardly depart from the presumptive risk level (…Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 2 [2006]). People v Rivera, 2013 NY Slip Op 05808, 2nd Dept 9-11-13
Obstructing Governmental Administration Conviction Reversed---Police Not Engaged in "Authorized Conduct"
The Second Department reversed defendant's conviction for obstructing governmental administration as against the weight of the evidence. The court determined there was not sufficient proof the police were engaged in authorized conduct at the time of the contact with the defendant:
"A person is guilty of obstructing governmental administration when he [or she] intentionally . . . prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference" (Penal Law § 195.05). Thus, a defendant may not be convicted of obstructing governmental administration unless it is established that the police were engaged in authorized conduct … . As determined by the Supreme Court, the initial chase of the defendant by the police was not supported by reasonable suspicion … . Further, in light of the defendant's acquittal by the jury on the charges of criminal possession of a weapon in the second degree and criminal possession of a weapon in the fourth degree, which we may consider in conducting a weight of the evidence review … , the evidence, when properly weighed, did not prove, beyond a reasonable doubt, that the officer was performing an official function authorized by law when he tried to disarm the defendant following the chase … . Thus, the record reflects that, when considering whether the People satisfied the "performing an official function" element of the crime of obstructing governmental administration in the second degree, the jury failed to give the weight properly due to its credibility finding that the defendant was not in possession of a weapon … . People v Small, 2013 NY slip Op 05842, 2nd Dept 9-11-13
Refusal to Comply with Discovery Demand Supported Sanction of Dismissal of the Complaint
The Second Department determined Supreme Court had properly dismissed the complaint in a medical malpractice action because the plaintiffs refused to identify the mohel who had performed the circumcision of infant plaintiff. In finding dismissal of the entire complaint an appropriate sanction, the court wrote:
"The Supreme Court has broad discretion in making determinations concerning matters of disclosure including the nature and degree of the penalty to be imposed under CPLR 3126" … . "The striking of a pleading may be appropriate where there is a clear showing that the failure to comply with discovery demands is willful or contumacious"… . Further, the court can infer that a party is acting willfully and contumaciously through his or her repeated failure to respond to demands or to comply with discovery orders … . Silberstein v Maimonides Med Ctr, 2013 NY Slip Op 05813, 2nd Dept 9-11-13
CIVIL PROCEDURE/TRIALS
In Personal Injury Case, Court Should Not Have Granted Mistrial When Objection Sustained, Lawyer Admonished and Curative Instruction Given
The Second Department reversed Supreme Court's grant of a mistrial in a slip and fall case. Plaintiff was injured playing basketball. Plaintiff objected to remarks made by defense counsel in summation which erroneously implied that the doctrine of primary assumption of risk applied. The trial judge sustained the objection, admonished the lawyer, and gave a curative instruction. After the verdict for the defendant, Supreme Court granted plaintiff's motion for a mistrial:
The Supreme Court erred in, in effect, granting the plaintiffs' application for a mistrial since the court had previously properly sustained objections to the subject summation comments, openly admonished counsel, and provided curative instructions, thereby correcting any possible prejudice resulting from the subject summation comments … . Richardson v City of New York, 2013 NY slip Op 05810, 2nd Dept 9-11-13
Maintenance Should Not Have Been Granted in
Absence of Proof of Standard of Living and Need for Maintenance
The Second Department determined Supreme Court abused its discretion by awarding maintenance in the absence of evidence of the parties' standard of living and the plaintiff's need for maintenance:
…[T]he Supreme Court's award of maintenance to the plaintiff was an improvident exercise of its discretion since the award was made in the absence of any evidence of the parties' standard of living during the marriage, and in the absence of evidence that the plaintiff, who is otherwise self-supporting, needs maintenance to sustain his pre-divorce standard of living. Additionally, the defendant's reasonable needs preclude an award of maintenance to the plaintiff. Under these circumstances, the plaintiff should not have been awarded maintenance… . Lucere v Lucere, 2013 NY Slip Op 05801, 2nd Dept 9-11-13
Grant of Custody to Maternal Grandparents
Rather than Parent Reversed
In reversing Family Court's grant of custody to maternal grandparents, the Second Department wrote:
"In a custody proceeding between a parent and a nonparent, the parent has the superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persisting neglect, unfitness, or other like extraordinary circumstances" … . "For a third-party nonparent to gain custody of a child, he or she must first prove that extraordinary circumstances exist such that a parent has relinquished his or her superior right to custody" … . "Where extraordinary circumstances are present, the court must then consider the best interests of the child in awarding custody" … . * * *
We agree with the Family Court that the petitioners, the maternal grandparents of the subject children, satisfied their burden of demonstrating the existence of "extraordinary circumstances," necessitating a determination as to the best interests of the children … . However, considering the totality of the circumstances in this case .., we find that the Family Court's determination awarding … custody … to the maternal grandparents is not supported by a sound and substantial basis in the record. The mother's testimony indicated that, at the time of the hearing, she had abstained from drug use for more than 2½ years. The mother's testimony also indicated that there were no recent incidents of domestic violence between her and Tardo [the father of one of the children]. Indeed, the Family Court noted in its order that the mother and Tardo are now "clean and sober," three years having passed between their last instances of drug use and the date of the order, and that "there have been no reports of aggression." The Family Court placed undue emphasis on the forensic evaluation, which was completed almost two years prior to the court's determination. Additionally, while the Family Court did acknowledge the nature of James's wishes, we conclude that the court failed to adequately consider those preferences … . We further note that the attorney for the children supports the mother's position on appeal, at least insofar as advocating for the mother to have joint custody of both children. Matter of Noonan v Noonan, 2013 NY slip Op 05824, 2nd Dept 9-11-13
Child Should Not Have Been Removed from
Foster Parents in Favor of Maternal Uncle
In reversing Family Court's determination the child should move to the home of her maternal uncle rather than remain with her foster parents for adoption, the Second Department wrote:
Once parental rights have been terminated, there is no presumption favoring the child's biological family … . Moreover, while the law expresses a preference for keeping siblings together, the rule is not absolute and may be overcome where the best interests of each child lie in residing apart … . Here, as the children never shared a household, the Family Court erred in concluding that this consideration outweighed the benefit to Orianne of remaining in her foster home, where she has resided since infancy … . The record clearly reflects that Orianne has bonded with her foster family, and is healthy, happy, and well provided for … . Accordingly, the Family Court erred in determining that it was in Oriane's best interests to move to the home of her maternal uncle rather than remain with her foster parents for the purpose of adoption, which, the record indicates, is the foster parents' intent… . Matter of Ender MZ-P…, 2013 NY slip Op 05829, 2nd Dept 9-11-13
Error to Exclude Petitioner from Arbitration Proceeding
Although the First Department determined the error was harmless, the court noted that petitioner should not have been excluded from an arbitration proceedings concerning the termination of her employment:
The arbitrator exceeded the scope of his authority by excluding petitioner from certain portions of the arbitration proceedings, over her objection, in violation of Rule 23 of the American Arbitration Association's Commercial Arbitration Rules (see CPLR 7511[b][iii]…).
The exclusion of petitioner from approximately 5% of the proceedings was, however, harmless error, since the result would have been the same had she been present. Petitioner's case rested on her argument that respondents' reasons for terminating her were merely a pretext to avoid paying her what she believed would be very high commissions. Since the evidence presented during petitioner's absences from the proceedings had no bearing on that issue, there is no basis for vacating the arbitrator's finding that petitioner was fired for her repeated, and severe, violations of the conflict of interest provisions of her contract, as well as for her threats against her employer… . Caruso v Viridian Network, LLC, 2013 NY Slip Op 05780, 1st Dept 9-10-13
ARBITRATION/EDUCATION LAW
Reinstatement of Charge Against Teacher After Dismissal of
Charge in Arbitration Proper/Interlocutory Ruling by Arbitrator was "Final" in Effect/Courts Can Impose Higher Level of Scrutiny when Arbitration Mandated by Statute
The Second Department affirmed Supreme Court's reinstatement of a charge against a teacher (Hogan) which had been dismissed by the arbitrator. The Second Department explained the criteria for court review of an interlocutory ruling of an arbitrator, noting that more scrutiny is appropriate in an arbitration mandated by statute:
Initially, we reject Hogan's contention that the petition should have been dismissed because courts do not have the authority to review an interlocutory award dismissing one of the charges in an arbitration proceeding brought pursuant to Education Law 3020-a. As a general rule, a court lacks authority to entertain a petition to review an interlocutory ruling of an arbitrator on a procedural matter … . Here, however, the award sought to be reviewed is not one which involves "only a very limited procedural question" … . Rather, the award dismissed the most serious disciplinary charge preferred against Hogan, and the only one of the three charges which alleged that he was guilty of misconduct. The award is final as to that charge, and, if allowed to stand, would prevent the District from adducing evidence in support of the alleged misconduct at the hearing. Under these circumstances, the award dismissing Charge No. 1 can be viewed as a final determination subject to review under CPLR 7511 … .
Furthermore, the Supreme Court properly granted the District's petition and reinstated Charge No. 1 against Hogan. Where, as here, the obligation to arbitrate arises through statutory mandate (see Education Law § 3020-a), the arbitrator's determination is subject to closer judicial scrutiny than it would receive had the arbitration been conducted voluntarily … . The award in a compulsory arbitration proceeding must have evidentiary support and cannot be arbitrary and capricious … . Matter of Board of Educ of Hauppauge Union Free Sch Dist v Hogan, 2013 NY Slip Op p05816, 2nd Dept 9-11-13


text:
Zemětřesení na Tchaj-wanu 2016 bylo zemětřesení, které zasáhlo Tchaj-wan brzy ráno 6. února 2016. Zemětřesení o síle 6,4 stupně momentové škály a hloubce 23 kilometrů zasáhlo jih Tchaj-wanu, ale nejvyšší škody utrpěl jihozápad země. Dohromady zemřelo 117 lidí a 550 lidí bylo zraněno.

Reference

Externí odkazy

Zemětřesení na Tchaj-wanu
Zemětřesení v Číně
Tchaj-wan
6. únor
Čína v roce 2016

redpajama_set_name: RedPajamaWikipedia


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