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APD 92717
This appeal arises under the Texas Workers' Compensation Act, TEX. REV. CIV. STAT. ANN. arts. 8308-1.01 through 11.10 (1989 Act) (Vernon Supp. 1993). A contested case hearing was held in (city), Texas, before (hearing officer), on November 2, 1992. Upon agreement of the parties, the issues to be considered were stated as follows:
1.Was Temporaries of Texas or Interstate Building Maintenance the employer on (date of injury), when claimant suffered a back injury?
2.Who is the correct carrier for the purpose of workers' compensation benefits that may be due and payable in this case?
The hearing officer essentially held that claimant's work activities were under the control and direction of Interstate Building Maintenance, which was the claimant's employer for the purpose of workers' compensation coverage on (date of injury). The hearing officer accordingly determined that (city) General Insurance Company, the insurance carrier for Interstate Building Maintenance, is the carrier responsible for claimant's workers' compensation claim, and he ordered that that carrier pay claimant medical and income benefits in accordance with the 1989 Act.
(City) General Insurance Company has appealed the decision of the hearing officer, objecting to certain of the findings of fact and conclusions of law stated therein. It also argues that principles of equity should have been given greater weight, in particular the doctrines of quasi-estoppel, equitable and judicial estoppel, and waiver.
The claimant has also filed a request for review, objecting to certain findings and conclusions, and she seeks a decision that both companies are her employer. However, because the claimant's request for review was not timely, we will not consider it. The 1989 Act requires that a party that desires to appeal the decision of the hearing officer shall file a written appeal with the Appeals Panel not later than the 15th day after the date on which the decision is received from the Division of Hearings. Article 8308-6.41(a). The record in this case shows the hearing officer's decision was distributed on December 11, 1992. Rules of the Texas Workers' Compensation Commission, Tex. W.C. Comm'n, 28 TEX. ADMIN. CODE § 102.5(h) (Rule 102.5(h)) provide that for purposes of determining the date of receipt for those notices and other written communications which require action by a date specific after receipt, the Commission shall deem the received date to be five days after the date mailed. In addition, Rule 143.3(c) provides that a request for review of the decision of the hearing officer shall be presumed to be timely filed if it is mailed on or before the 15th day after the date of receipt of the hearing officer's decision, and received by the Commission or other party not later than the 20th day after the date of receipt of the hearing officer's decision.
The claimant's request for review, which was dated January 11, 1993, was sent by overnight courier on January 14th and was received by the Commission January 15th. The claimant does not state when she received the hearing officer's decision. Applying the statute and the rules to these facts, the claimant's request was untimely. However, because (city) General's appeal was timely we will review the hearing officer's decision based on the arguments raised by that appeal.
Finding no error, we affirm the decision and order of the hearing officer.
For the sake of simplicity, we will refer to Temporaries of Texas as Company A and their carrier, U.S. Fire Insurance Company, as Carrier A. Likewise, Interstate Building Maintenance will be referred to as Company B and their carrier, (city) General Insurance Company, as Carrier B.
The claimant testified that her friend, (Mr. H), who was a custodian working for Company B at a Texas Instruments (TI) facility, had advised her of a job opening where he worked. On August 28, 1991, she went with Mr. H to Company A because he told her she had to go through Company A to get hired to work at the TI location. On that day, she filled out an application with Company A and was interviewed by a Company A employee, (Ms. DV). Claimant said she told Ms. DV that she specifically wanted to work for Company B at the TI plant. She also said she was not hired that day because Ms. DV said she needed to bring in a doctor's release regarding an earlier injury and undergo a drug test; however, she said Ms. DV sent her to TI to talk with (Ms. N), who worked for Company B, and to have her look over the paperwork and interview her. Claimant interviewed with Ms. N, but was not offered a job at that time. She said she mentioned to Ms. N that she needed to get the medical release requested by Company A.
A few days later, on a Sunday, Ms. N contacted claimant and told her to come to work that night. Claimant reported to work, where she received a badge from TI security, and went to work pursuant to Ms. N's instructions. (Claimant said the badge had Company B's name on the back of it, although Ms. N later testified that the badge said "Company A." However, it was uncontroverted that she filled out a time card with Company A's name on it.)
In the course of her work at the TI facility, claimant said Ms. N instructed her on a daily basis as to her job duties, and Company B furnished all her cleaning supplies, equipment, and uniforms. It was her understanding that Ms. N could fire her after she was written up three times. No one from Company A came to the work site or told her what to do, although she picked up from Company A's office both of the two paychecks she earned before she stopped working.
Claimant testified that even though Ms. DV told her she would not be eligible for hire until she presented a medical release, she was nevertheless given paperwork (a security clearance) to take to Ms. N. After Ms. N called her to come to work, she did not notify Company A immediately; however, when she went to Company A a few days later with Mr. H to pick up his check, she was told by Ms. DV "that I should have never gone to work there, that [Ms. N] had no right to call me because I had not had my medical release" and "that they were the ones that was supposed to call me to go to work at [TI]."
On the evening of (date of injury), claimant was assisting another worker put trash into a gondola when she slipped and fell, hitting her hip and back on a bench and landing on the floor. The other worker called Ms. N immediately, and claimant was taken by ambulance to a hospital. The next day she also notified Ms. DV at Company A of her injury. She testified that she had seen several doctors, and that at the time of the hearing she had been taken off work.
Ms. N testified that she supervises the cleaning crew at the TI facility for Company B. She said that she had put in a job order with Company A and that Company A had sent claimant to Company B. She said she called claimant to come to work because "all her paperworks (sic) were in from [Company A]. So she was in the system, ready to come to work . . . [s]he had been drug tested and she had an SOQ [security clearance], and it was signed by [Ms. DV] to come to work." She said she did not contact Company A after telling claimant to come to work. In her opinion, however, claimant was an employee of Company A because she was still a new employee, and all new employees worked for Company A first. After a probationary period, those individuals who are dependable and good employees are given an offer to work directly for Company B, and to end their relationship with Company A. Seven of the 22 people she supervises were Company B employees, although she said all 22 had been hired through Company A.
Ms. N said that all the cleaning crew works under her daily supervision and direction; no one from Company A ever comes out to the job site nor gives her any instructions. She said she had the authority to fire someone like claimant; however, on cross-examination she clarified that she had authority to sever the relationship between Company B and the individual (i.e., the assignment to TI) and not to terminate the relationship between the individual and Company A.
(Ms. S) testified she is the general manager of Company A. She said their procedure with regard to placing personnel with Company B is to have the person fill out a Company A application, an I-9, drug testing paperwork and an SOQ which she said is TI's security clearance documentation. (In claimant's case, since she had noted a prior injury, she was also told to get a doctor's release before she could be considered; because of the need for the release, claimant's urine specimen was also not sent to the lab for testing.) If there currently is no job for a position, the person's name is put on a "hot list" from which Company A contacts individuals when a job order comes in. At the time claimant interviewed, Ms. S said, there was no outstanding job order from Company B. She said because her office is next to that of Ms. DV and the doors were open, she heard Ms. DV tell claimant they would place her as soon as they had something and after she brought her doctor's release in. However, she said it would be customary for job applicants to leave
Company A with their SOQ, whether they had been hired or not, because "that is their personal information."
Ms. S said the standard procedure, when a job order comes in, is to contact a person from the "hot list," tell them to go out with their security clearance paperwork and interview with a Company B supervisor, and to call the supervisor to say the person was coming. Following that interview, if the supervisor approved of the person, he or she would call Company A to have them "put into the system," which formally occurs around 24 hours later (pending the results of the drug test). Until that point, she said, they do not become Company A's employee. She maintained that that had not happened in this case; that claimant was never sent to Company B and that Mr. H had later told her he had taken claimant to Company B because he knew of a job opening there. In her opinion, claimant had never been hired by Company A.
Ms. S said the first she knew of claimant's going to work at Company B was when a paycheck was issued for her. When claimant came in the next day to pick it up, Ms. S asked her why she was at Company B, and who had authorized her going to work there. She said claimant replied that she thought she had been okayed to go to work. Ms. S said she put in a call to Ms. N the same day. However, Company A issued claimant a second check thereafter because, Ms. S said, "[w]e felt like that we were obligated to pay her for working . . . and [Company B] wasn't taking responsibility for it."
Pursuant to a written contract between the two companies, Company A issued checks to employees such as claimant, and was reimbursed by Company B for their wages, plus 30 percent. Ms. S said the 30 percent was meant to include, among other things, premium for the workers' compensation insurance Company A had agreed to furnish its employees. Ms. S stated that she subsequently tried to return this money to Company B, but that they would not accept it.
(Ms. I), Company B's office manager, said her understanding of the hiring process was that when Company A sent someone out for an interview "the process had been done at their office . . . once they had been brought out for the interview, that the process had been cleared, and they were to be put in the system." However, she stated that the hiring decision doesn't come from Company B but rather that Company A, upon receiving positive feedback from Company B's supervisors, "initiates them to be put in."
The contract, executed July 13, 1990 by the two companies, provided that Company A would provide initial placement of Company A employees on a temporary-to-permanent basis and provide additional temporary personnel on request. It stated that all employees must have completed all of a list of documents and forms prior to placement. Company A agreed to pay social security taxes, withhold income tax, and "meets (sic) requirements for unemployment insurance and workers compensation." The contract further provided for the straight payment of 30 percent based on the employee's hourly rate times the number of hours worked. It also stated a policy that all personnel placed by Company A must work
60 calendar days before they could be considered for permanent placement with Company B. No part of the contract addressed which party had the right to control and direct the work of personnel. The contract also provided that it was to be effective for a 12-month period, until July 12, 1991, although Ms. S stated that the contract was in effect during the period of time covering claimant's injury.
In reaching his decision that claimant was an employee of Company B and that Carrier B thus is responsible for providing workers' compensation coverage for this claim, the hearing officer made certain findings of fact, including that Company A had no actual knowledge that claimant had begun work with Company B on September 2, 1991; that Company A had actual knowledge that claimant was employed under their placement arrangement with Company B on September 6; that claimant continued to work under the terms of the employee placement arrangement between Companies A and B; that Company B submitted time cards to Company A for claimant's services, and Company A paid claimant and billed Company B wages plus 30 percent; that the written agreement, although expired by its own terms, continued to be recognized as a valid placement arrangement by both Company A and Company B.
The hearing officer made other findings of fact as follows:
FINDINGS OF FACT
16.The written employee placement arrangement did not contain any provisions dealing with the control and direction of an individual employee after the employee began performing duties for [Company B].
17.Claimant's work activities were under the control and direction of [Company B]. 18.Claimant fell and injured her back while at work on (date of injury).
The hearing officer also made certain conclusions of law as follows:
CONCLUSIONS OF LAW
2.[Company B] had functional control over the claimant's work activities.
3.[Company B] was the employer of claimant for the purpose of workers' compensation coverage on (date of injury).
4.[Carrier B], the insurance carrier for [Company B], is the correct carrier responsible for the workers' compensation claim of claimant on (date of injury).
Carrier B contends that equity considerations should have been given greater weight in this case, and that Company A should be estopped from providing any evidence or defense which would be counter to a finding of fact or conclusion of law that claimant was an employee of Carrier A. In so arguing, Carrier B invokes the doctrines of quasi-estoppel, equitable estoppel, judicial estoppel, and waiver. Carrier B notes that Company A, after learning that claimant was working with Company B, proceeded to issue her a second check and send an invoice to Company B, payment of which it accepted. Company B, it maintains, was misled to its detriment by these actions; if it had not been misled, it could have sent claimant back to Company A and requested an employee hired through proper procedures. Such also demonstrates Company A's waiver of any right to assert claimant was not its employee. Carrier B also contends that Company A, through its representatives' testimony, demonstrated that it would have treated the situation differently had claimant not been injured. Further, it says, the great weight of the credible evidence shows that Company A in fact sent claimant to Company B.
Without going into the legal distinctions between the forms of equitable relief sought by Carrier B, we find that none of Carrier B's arguments causes us to reverse the hearing officer's decision. Whether the employer-employee relationship exists is a question of fact. Holsworth v. Czeschin, 632 S.W.2d 643 (Tex. Civ. App.-Corpus Christi 1982, no writ). The key issue in such cases is who possesses the right to control the details of the worker's performance. Texas Employers Insurance Co. v. Bewley, 560 S.W.2d 147 (Tex. Civ. App.- Houston 1977, no writ). Where two potential employers are not operating under a contract that expressly assigns right of control, a court must review the facts of the particular case to determine which entity had the right to control an employee's activities. Producers Chem. Co. v. McKay, 366 S.W.2d 220 (Tex. 1963). The intent of an entity, either express or implied by its actions, may have no bearing on this ultimate issue. See Texas Workers' Compensation Commission Appeal No. 91014, decided September 20, 1991.
The facts of the instant case are similar to those in Archem Co. v. Austin Industrial, Inc., 804 S.W.2d 268 (Civ. App.-Houston [1st Dist] 1991, no writ), which also involved a temporary labor company and its client company. The court, in reversing the lower court's summary judgment in favor of the temporary company, said the contract between the two was little more than a fee schedule, and that a real issue of fact existed regarding who actually exercised control over the employee's work. The court also said the temporary company's "gratuitous" providing of workers' compensation benefits was irrelevant.
As with the Archem case, this case presented a series of facts for the hearing officer to resolve and determine. These facts included those upon which Carrier B relies in making its equitable arguments. There is no indication that the hearing officer did not take such facts into consideration in reaching his decision. With regard to Company A's action in issuing claimant a second check and invoicing Company B, we observe the Archem court's determination that an employer's post-accident conduct is irrelevant to the issue of right of control. Id at 270. The same is true with regard to Carrier B's argument that Company A hypothetically would have handled the situation differently had claimant never reported an injury. While this case admittedly involved a series of miscues and misunderstandings that both potential employers would undoubtedly wish to correct in hindsight, that fact alone--nor any actions taken by Company A in conformance therewith--cannot override the basic fact that Company B controlled and directed the work of claimant.
In addition to its equitable arguments, Carrier B challenges the findings of fact and conclusions of law cited above. It objects to the characterization, contained in Findings of Fact Nos. 5 and 6, of Company B "hiring" new workers and claimant "applying for employment" with Company B. Likewise, it objects to Conclusions of Law Nos. 3, 4, and 5. Given the hearing officer's ultimate determination that claimant was the employee of Company B, these findings are not inconsistent and are supported by sufficient evidence in the record, based upon the hearing officer's determination of the right of control. With regard to the conflicting evidence about whether Company A had sent claimant to Company B, the hearing officer was entitled to believe one witness's testimony over another's. Garza v. Commercial Insurance Co. of Newark, N.J., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Carrier B also objects to Findings of Fact Nos. 16 and 17, which go to the issue of control and direction, on the grounds that equitable considerations were not considered. As noted earlier, Carrier B's equity arguments were based on facts in the record to which the hearing officer was entitled to give greater or lesser weight. While we do not hold that equitable considerations have no place in determining the employer- employee relationship, cf. Texas Workers' Compensation Commission Appeal No. 92035, decided March 12, 1992, we have reviewed the entire record in this case, and we accordingly hold that the hearing officer's findings are based on sufficient evidence.
Finally, Carrier B objects to Finding of Fact No. 18, regarding the circumstances and nature of claimant's injury, arguing that the question of injury was not an issue at the contested case hearing. We agree that, while the rephrased issue concerning the identity of claimant's employer mentioned a (date of injury) back injury, this was not tried as an issue before the hearing officer, either expressly or by consent. This finding thus was not necessary to the hearing officer's decision and, as it relates to a matter not in dispute, may be disregarded. See Texas Workers' Compensation Commission Appeal No. 92056, decided April 3, 1992, and citation therein.
In sum, we find that the hearing officer's decision was based on sufficient evidence. Unless the findings, conclusions, and decision of the hearing officer are so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust, there is no basis in law or fact to disturb that determination. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
We affirm the decision and order of the hearing officer.
Lynda H. Nesenholtz
Robert W. Potts


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Woman Flings Dog In The Air By His Leash And Slams Him Hard On Concrete Floor	Beagle Pup Wraps His Arm Around Cat Brother While They Bird-Watch Together
German Shepherd Challenges Her Mom To A Game Of Jenga & Goes For The Win
by waggingtonpost on November 22, 2020 in DOGS 0
Anya is a very good girl who helps her owner pass the time by playing board games. The games Anya plays aren't typical for dogs, as this German Shepherd plays against her mom in the popular Jenga game.
The famous game has been around for ages and involves players skillfully removing pieces of wood from the tower without knocking it over.
People have a lot of fun with it, but dogs generally don't get involved because they don't have hands.
Source: Metro Newspaper UK/YouTube
Anya couldn't care less that she has no hands. She doesn't even use her paws to play the game.
Brick by brick, she uses her teeth to gently slide the piece of wood out of the Jenga tower and place it ever so carefully on the floor.
Her mom takes a turn and then it's back to Anya. The adorable pooch tilts her head, watches as her owner takes a turn, and then she gets right back into it.
As the game continues, the German Shepherd appears to stare and smile at her owner. Perhaps she is trying to decide what her next play will be or maybe she's trying to outwit her opponent.
Either way, Anya is a determined and dedicated doggo who is both smart and beautiful.
Press play on the video below to see this intelligent pup in action.
Please 'SHARE' to pass on this story to a friend or family member
Stay for one more story, be sure to check out these Top Trending Stories below:
Story: Man's About To Return Shelter Dog When He Reads Previous Owner's Note
A man had finally settled into his new town, but something still felt missing from his life. He thought getting a companion in the form of a shelter dog might help. So he did just that. He went to the shelter where a black Lab named Reggie needed a home. But they didn't hit it off right away.
The man gave it two weeks (the amount of time the shelter said it may take for the dog to adjust to his new home), but it just wasn't working out. Maybe it was the fact he was also trying to adjust to a new situation. Maybe they were too much alike. But then the man started going through Reggie's stuff, and that's when he was reminded of a letter the previous owner had left with the dog. That's what would end up changing their lives dramatically.
What an amazingly beautiful story. It's all going to work out for Tank and his new owner. 🙂
You've read this far… you need to watch this short BEAUTIFUL video clip.. It will touch your HEART! Enjoy!
https://www.youtube.com/watch?v=8tiqOrytYpI
[h/t Tickld]
Reverse Sneezing In Dogs – What to do…
Does this sound familiar? Your dog suddenly starts making loud snorting sounds—over and over again, in quick succession.
Do you start wondering, did they swallow something they shouldn't have? Can they breathe?!
Chances are, you're experiencing the infamous "reverse sneeze."
Veterinarians often see dogs whose owners rushed them in for an emergency appointment after finding them standing with their elbows apart, head pulled back, and eyes bulging as they snort or gasp repeatedly.
Yet for the vast majority of these dogs, a vet visit was unnecessary.
Reverse sneezing looks and sounds scary the first time you encounter it. However, it's a fairly common and harmless respiratory event for dogs.
Read on to learn how to identify reverse sneezing, what causes it, and how to tell the difference between a harmless reverse sneeze and something else.
What is reverse sneezing?
A reverse sneeze is pretty much what it sounds like: a sneeze that happens in reverse! The above video is a good example of what it looks and sounds like.
In a regular sneeze, air is rapidly pushed out through the nose. In a reverse sneeze, air is rapidly, and noisily, pulled in through the nose.
It occurs in spasms lasting anywhere from a few seconds up to a minute and sounds like snorting, snuffling, and even gagging. See the above video for an example.
Because of the sounds their dogs make while reverse sneezing, many people mistakenly think their dog is choking. However, a reverse sneeze is almost as normal and harmless as a regular sneeze.
What causes reverse sneezing?
VIA FLICKR/FLEUR-DESIGN
There's no single cause for a reverse sneeze. Like regular sneezing, it's often triggered by an irritation or inflammation in the nose, throat, or sinuses.
It often occurs when dogs wake up from a nap, or after eating, when their breathing pattern may have rapidly changed. It's also caused by irritants in the airway—anything from dust to an inhaled hair!
Some dogs experience more frequent reverse sneezing in springtime when the air is full of pollen and other allergens.
Others reverse sneeze more in the winter, when sudden temperature changes between outdoors and indoors cause the nasal passages to contract.
Another common cause of reverse sneezing is pressure on the throat and neck. A too-tight collar, or straining against the leash, can irritate the throat and lead to a reverse sneeze. That's just one more reason to consider a harness for your dog.
Finally, some dogs reverse sneeze after exercise, or when they're overexcited. This is particularly common among brachycephalic, or short-nosed, breeds like pugs and bulldogs.
When they get worked up, they may inhale their elongated soft palates into the throat, triggering an episode of reverse sneezing.
How to end a reverse sneezing episode
VIA FLICKR/78428166@N00
Reverse sneezing is super-common, and it won't hurt your dog. However, some dogs become anxious during a reverse sneezing episode, and a lengthy episode may be uncomfortable.
You can help your dog recover from a reverse sneezing episode by remaining calm yourself. If you get anxious, your dog's anxiety will increase, too. So, stay calm, and show your dog there's nothing to panic about.
If your dog is experiencing a particularly long episode of reverse sneezing, you may be able to ease or end the episode by:
Gently massaging your dog's throat
Briefly covering their nostrils, which will cause them to swallow and potentially stop sneezing
Depressing their tongue with your hand to help open airways
Some vets suggest gently blowing in your dog's face
In the vast majority of cases, there's no need to intervene. Reverse sneezing doesn't last long, and your dog will be perfectly normal after it stops.
When you should go to the vet
https://www.instagram.com/p/BfoSLvBAsDL/?utm_source=ig_embed
As mentioned, reverse sneezing rarely requires veterinary treatment. As soon as the sneezing episode stops, the situation is resolved. However, if episodes increase in frequency or duration, you should call the vet just in case.
You should also seek treatment if your dog's reverse sneezing is accompanied by other respiratory symptoms or if they have any unusual discharge from their nose.
Occasionally, chronic reverse sneezing can be a symptom of more serious issues. These include nasal mites, foreign objects in the airway, respiratory infections, and tracheal collapse.
If you're concerned about the intensity of your dog's reverse sneezing, take a video to show the vet. They'll be able to determine potential causes.
Most dogs experience episodes of reverse sneezing at some point in their lives. For the vast majority of dogs, it's a common, temporary, harmless reaction with no lasting aftereffects.
Of course, it still sounds unsettling to our human ears! But now that you know what reverse sneezing is, you'll be less likely to make an unnecessary vet visit.
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Pit Bull Returned To City Shelter Twice Is Inconsolable And Just Wants A Home
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Psycho Animal Abuser Gets Caught Red-Handed Beating A Stray Dog Like A Savage
Wounded Stray Overlooked Till Sundown Thanks The Only Person Who Cared To Stop
Mama Dog Doesn't Understand How Come New Pups Aren't Able To Play Ball With Her
Rich Family Left Their Dog Hanging From Back Door & Starved Him For A Month
Her Days Were Numbered As She Helplessly Roamed Streets With Severely Swollen Face
Deranged Woman Gets Mad & Throws Her Helpless Dog Off Second Floor Balcony
Sickly Street Puppy Neared Woman, Pleaded To Be Rescued Then Was Gone
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October 28, 2017 Women's Cross Country: Raiders wrap up season at GNAC Championships The Women's XC team ran to a top ten finish at the 2017 GNAC Championships this afternoon.
October 13, 2017 Women's Cross Country: Pearsons leads Rivier WXC to dual meet victory Senior Anna Pearsons finished first as the Raiders defeated Pine Manor in a dual meet held at the Saints Invitational.
October 2, 2017 Pearsons, Federico named Riv Student-Athletes of the Month Senior Anna Pearsons and Freshman Mike Federico have been selected as the Rivier Student-Athletes of the Month for September 2017.
September 29, 2017 Women's Cross Country: Pearsons finishes second, leads WXC to team victory Senior Anna Pearsons guided the Women's Cross Country team to a first place finish in the Travis Fuller Invitational this afternoon.
September 23, 2017 Women's Cross Country: Raiders finish 7th overall at Pop Crowell Invite The Women's Cross Country team ran to a 7th place finish at the annual Pop Crowell Invitational.


Altvan is in Laramie County, in the Cheyenne metro area.
The latitude of Altvan is 41.123N. The longitude is -104.699W.
It is in the Mountain Standard time zone. Elevation is 5,915 feet.
Sections below provide additional information and links about Altvan travel and tourism, nearby airports, cemeteries, the Laramie County economy, education, environment, genealogy, government, historic sites, Cheyenne area jobs, libraries, maps, museums, newspapers and other media, nonprofit groups, real estate, recreation, religion, transportation, and weather.
Laramie County supported George W. Bush in the 2004 presidential election. For more information, see our Altvan political report.


text:
U.S. Virgin Islands Remove U.S. Virgin Islands filter
Ballast Water Discharges: Protecting New York's Waters from Invasive Species
Reprinted and provided by: Clear Waters Magazine (Fall 2011, Vol. 41, No. 3)
Biodiversity - Invasive Species
Lake Champlain Land Trust.
Biological Control: A Guide to Natural Enemies in North America
Cornell University. Agriculture and Life Sciences.
This guide provides photographs and descriptions of biological control (or biocontrol) agents of insect, disease, and weed pests in North America. It is also a tutorial on the concept and practice of biological control and integrated pest management (IPM). Whether you are an educator, a commercial grower, a student, a researcher, a land manager, or an extension or regulatory agent, we hope you will find this information useful.
Biology and Silvicultural Management of Sirex Woodwasp (2009) (PDF | 207 KB)
Cornell University Cooperative Extension. Department of Natural Resources.
See also: ForestConnect Fact Sheet Series for more factsheets.
Bird Flu (Avian Influenza) - Frequently Asked Questions About Bird Flu
Catskills Regional Invasive Species Partnership
Catskills Regional Invasive Species Partnership.
Chinese Mitten Crab in the Hudson River Estuary
Cornell Fruit Resources: Spotted Wing Drosophila (SWD)
Cornell University.
DEC and DAM Announce Confirmed Finding of Spotted Lanternfly in Albany and Yates Counties: State Agencies Encourage Public to Report Findings of Invasive Pest (Sep 11, 2018)
The New York State Departments of Environmental Conservation (DEC) and Agriculture and Markets (DAM) today confirmed that spotted lanternfly (SLF), an invasive pest from Asia, has been found in Albany and Yates counties. A single adult insect was discovered in a vehicle in the Capital District. In addition, a single adult insect was reported on a private Keuka Lake property in Penn Yan, Yates County. Anyone that suspects they have found SLF is encouraged to send a photo to spottedlanternfly@dec.ny.gov. Please note the location of where the insect was found, egg masses, and/or infestation signs. DEC and DAM also encourage the public to inspect outdoor items such as vehicles, furniture, and firewood for egg masses. Anyone that visits the Pennsylvania or New Jersey Quarantine Areas should thoroughly inspect their vehicle, luggage and gear for SLF and egg masses before leaving and scrape off all egg masses.
Division of Plant Industry
New York State Department of Agriculture and Markets.
Ecology and Management of Invasive Plants Program


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Lindsay's Whimsy is a personal mission. Cape Blends have been a recognized category only since 2003. With due respect to the pricier ones out there, I feel very strongly that this is a genre in which we as producers should be competing most aggressively and we need to make the consumer a part of the process before we start laying down the laws as to what should be in a Cape Blend.
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New York|Dean Skelos Is Sentenced to 5 Years in Prison in Corruption Case
Dean Skelos Is Sentenced to 5 Years in Prison in Corruption Case
Dean G. Skelos, the former State Senate majority leader, leaving court after his sentencing on Thursday.CreditCreditSeth Wenig/Associated Press
By Benjamin Weiser and Vivian Yee
Dean G. Skelos, the once powerful Republican majority leader of the New York State Senate who was convicted with his son in December on federal corruption charges, was sentenced on Thursday to five years in prison.
The sentencing of Mr. Skelos was the second instance in 10 days in which a former senior New York lawmaker was sent to prison for abusing his office. It concluded an extraordinary chapter during which two trials, held a block apart at almost the same time last year, exposed a culture of kickbacks, secret deals and nepotism in the State Capitol in Albany.
But while the crimes and the 12-year prison term of Sheldon Silver, the former Democratic speaker of the State Assembly, exceeded those of Mr. Skelos and his son, Adam B. Skelos, the Skeloses' trial stood out for the gritty, unvarnished look it offered of the personal and political dealings of a family immersed in Albany's back channels.
The evidence against the Skeloses, who were convicted of bribery, extortion and conspiracy, laid bare schemes that were remarkable for both their brazenness and their familial motivation: The father seemed willing to do anything for his son.
Before he was sentenced, Dean Skelos asked the judge in the case, Kimba M. Wood of Federal District Court in Manhattan, to show mercy to his son. "Somehow I let things go off the rails, and for that I apologize to Adam," Mr. Skelos said. "I love Adam and pray that we have better days together." Adam Skelos was sentenced to six and a half years in prison.
The former senator also expressed remorse for his actions. "Somewhere along the way," he said, "my judgment became clouded."
The sentencings of Mr. Skelos and Mr. Silver made them the latest in an almost unending parade of disgraced New York lawmakers — elected officials tempted by greed and brought down by prosecutors, most notably Preet Bharara, the United States attorney in Manhattan.
Adam Skelos before his sentencing on Thursday. Mr. Skelos and his father were convicted on federal corruption charges.CreditSpencer Platt/Getty Images
Mr. Bharara, whose office is one of several agencies investigating possible wrongdoing connected to the administrations of Mayor Bill de Blasio and Gov. Andrew M. Cuomo, released a statement on Thursday that took a barely veiled swipe at Mr. Cuomo's decision in 2014 to disband an anticorruption panel, the Moreland Commission, less than a year after he impaneled it.
The cases involving Mr. Skelos and Mr. Silver, Mr. Bharara said, "show — and history teaches — that the most effective corruption investigations are those that are truly independent and not in danger of either interference or premature shutdown." He added that while the men deserved their sentences, "the people of New York deserve better."
Before sentencing the Skeloses, Judge Wood scolded the former senator for violating his "unique position of power and trust."
The judge seemed to acknowledge the spate of graft scandals, saying she wanted "other politicians to learn from this sentence that public corruption will be punished." The prison term, however, was less than half of what prosecutors had asked for.
Judge Wood also imposed a $500,000 fine — the amount sought by the government — on the former senator, as well as a $334,120 forfeiture to be paid jointly by him and his son. Prosecutors had noted that Dean Skelos had built a net worth of more than $2 million during his nearly three decades in the Senate, and had also applied for a state pension of almost $96,000 a year.
While the judge cited some of Dean Skelos's accomplishments and service to his constituents, it was clear that she found few redemptive qualities in his son. She seemed appalled by wiretapped conversations that she said exposed his "bullying," "cynicism" and "extreme" physical threats — tactics, she said, "more usually associated with professional criminals."
"You appeared to have no moral compass," Judge Wood told Adam Skelos, 33. "I think you did everything you could to monetize your father's position for your personal benefit."
At trial, prosecutors presented evidence that the elder Mr. Skelos, 68, used his position as majority leader to pressure a real estate developer, an environmental technology company and a medical malpractice insurer — firms that depended on his support as senator for legislation that benefited their interests — to provide Adam Skelos with consulting work, a direct payment of $20,000 and a job that required him to do virtually no work.
Lawyers for the Skeloses had asked Judge Wood to spare them from prison and sentence them to probation and community service. But on Thursday, G. Robert Gage Jr., one of the former senator's lawyers, suggested instead that his client receive a short prison sentence.
Mr. Gage suggested that the underlying theme of the case was "this father-son emotional relationship."
"To his great credit as a person as well as a parent, Dean always stuck by Adam," Mr. Gage said, "perhaps to a fault."
Indeed, during the trial, witnesses told the jury that Adam Skelos essentially held a no-show job. On the rare occasions when he did go to work, his behavior was troublesome. When a supervisor confronted him, Mr. Skelos threatened to "smash" his head, and said that men like him "couldn't shine" Mr. Skelos's shoes.
Secretly recorded conversations played for the jury exposed other unsavory aspects of Adam Skelos's behavior. He could be heard on one recording speaking about how he concealed an extramarital affair from his wife. He said he planned to get a puppy for his wife because "she'll find it easier to say O.K." on the occasions when he stayed in a hotel after work, rather than returning home.
"The things I do to stay out," Adam Skelos could be heard saying. He also said that he used the FaceTime app to talk with his mistress because "FaceTime doesn't show up on a phone bill."
In court on Thursday, Christopher P. Conniff, a lawyer for Adam Skelos, cited his client's alcohol and drug dependency and noted that his wife, with whom he has two young sons with autism, had left him.
"The devastation that has been caused in part by his immaturity and at times arrogance," Mr. Conniff said, "is probably going to be a greater harm to him than frankly any sentence."
Highlights From the Trial of Dean and Adam Skelos
A daily timeline of events from the federal corruption trial of Dean G. Skelos, the former State Senate majority leader, and his son, Adam.
Adam Skelos was impassive until he rose to address the court. Then, his voice breaking at times, he did what his father had done minutes before: ask for leniency, but not for himself.
"It was hard for me to sit through this case and come face to face with the person I was a few years ago," Adam Skelos said, adding, "I've had my struggles in life, but now realize that I can't use them as an excuse for my conduct."
He closed, in part, by asking Judge Wood to "show leniency to my dad and not to me."
When Adam Skelos returned to his seat, his father threw an arm around him and squeezed him; he kissed his father on the cheek.
Both men left the courthouse without comment.
Mr. Bharara's office had sought much stiffer sentences, suggesting that an appropriate prison term for Dean Skelos would be about 12 to 15 years, and for Adam Skelos, about 10 to 12 years.
"You can't argue that you rob a bank repeatedly over the course of years and you did it for your family," a prosecutor, Jason A. Masimore, said on Thursday, adding that the evidence demonstrated that "Dean Skelos was strong-arming these victims and forcing them to pay."
Dean Skelos, who stepped down from his leadership position after his arrest last May, automatically lost his seat in the Legislature upon being convicted.
Mr. Cuomo, in a brief statement, said the sentences "show there is zero tolerance for those who use public service for private gain."
Judge Wood did not set a date for the two men to surrender to prison authorities, saying she would rule first on their lawyers' request that they be allowed to remain free pending their appeals.
Nate Schweber contributed reporting.
A version of this article appears in print on , Section A, Page 19 of the New York edition with the headline: Skelos Is Sentenced to 5-Year Prison Term in Father-Son Corruption Case. Order Reprints | Today's Paper | Subscribe
From Albany to Prison: Ex-Lawmakers on Life Behind Bars
Sheldon Silver, Ex-New York Assembly Speaker, Gets 12-Year Prison Sentence
Dean Skelos, Ex-New York Senate Leader, and His Son Are Convicted of Corruption


Everyone with a cat will be able to relate to these videos and I think they are spot on – well done Simon!
Love, love this. I haven't really had time to find much this week.
Actually my cats were like this with my work – they wanted to make sure they were the most important thing in my life – never mind what I was doing.