text:
29. April 2016 BPE / BPE AKTIV
Elisabeth Sabaditsch- Wolff berichtet über ihren Besuch in Dallas
Unser Mitglied im Bundesvorstand Elisabeth Sabaditsch- Wolff ist von ihrer Reise aus Amerika zurückgekehrt, nachdem sie in verschiedenen islamkritischen Gruppen ihre Vorträge hielt.
Vorerst ist dieser Beitrag nur in englischer Sprache verfügbar, die Übersetzung folgt in Kürze.
ESW in Dallas: "Europe is Careening Over the Multicultural Cliff"
Elisabeth Sabaditsch-Wolff has just returned to Austria after an extended visit to the United States, where she was invited to speak by various anti-Islamization groups in different cities.
On April 21 Elisabeth spoke in Dallas, Texas at an event sponsored by the Dallas chapter of ACT! For America. She was introduced at the event by Lt. Col. (ret.) Allen West. Below is the prepared text for her speech.
(L-R) Lt. Col. (ret.) Allen West, Elisabeth Sabaditsch-Wolff, Rabbi Jon Hausman, Dallas, April 21 2016
Ladies and Gentlemen,
Thank you for inviting me to speak to ACT! for America here in Dallas, Texas. These are perilous times we are living in. Advocates for freedom on both sides of the Atlantic need to stand together!
For the past nine months Austria and the rest of Western Europe have undergone a profound transformation, one that will inevitably change the face of Europe permanently. I refer, of course, to the migration crisis, which began in earnest last summer, and is continuing as I speak to you. As the weather warms up and spring gives way to summer, we may expect the crisis to intensify even further. More than a million immigrants arrived in Austria and Germany via the "Balkan route" last year, and at least as many are expected to come this year — probably significantly more.
These migrants are generally referred to by our political leaders and the media as "refugees", but this is hardly the case. Not only are most of them from countries where there is no war to flee from, but they are also overwhelmingly young Muslim men, of fighting age. In other words, the current crisis is actually an instance of Islamic hijra, or migration into infidel lands to advance the cause of Islam. The hijra goes hand in hand with jihad — once enough Muslim migrants have settled in the target country, violent jihad can begin.
It should be quite clear by now that the jihad phase has already begun in Western Europe. The most recent instances were the massacres in Paris and Brussels, which were acts of jihad carried out by Muslims. Some of the terrorists were in fact "refugees" who had pretended to be "Syrian" and came in with the migrant wave.
And all of them were fighting jihad in the way of Allah, as instructed by the Koran.
I could take up my entire time slot tonight talking about the European migration crisis, and never do more than scratch the surface. However, I'd like to discuss one aspect of the crisis that is very important: the manipulation by the mainstream media of the news about the migrants.
A single example from a beach in Turkey will help give you an idea of what is going on. The image that sparked Western interest in the crisis was the widely-publicized photograph of the dead toddler on the beach in Turkey. That photo is an example of media manipulation. Not about the fact of the baby's death, but what was done with his little body once he was dead. There is now ample evidence that the body was moved and arranged in place so that the most heart-wrenching photo could be taken. Furthermore, the father of the child was not a poor helpless refugee trying to escape to freedom, but an accomplice of the people smugglers who piloted the boat, who irresponsibly brought his family with him.
For journalists working for Der Spiegel or Le Figaro or The Guardian or CNN, the media narrative is more important than the truth. And the media narrative was (and is) that poor innocent refugees are drowning because they are left to die by evil Europeans.
Those facts about the incident never made it into public consciousness. Not like the image of the pitiful corpse at the edge of the waves — that's the kind of story that the Western media love to dish out, especially when it promotes the media narrative. It's also the kind of story that Western audiences love to lap up — it's what Gates of Vienna, the website I'm associated with, calls "Dead Baby Porn".
Dead Baby Porn tugs the heartstrings of well-meaning Westerners. It reinforces all their presuppositions about current events. It gives them a vicarious frisson about the poor, suffering child. And, in their response, it makes them feel morally superior when they join the clamor to open their country's borders to the unfortunate "refugees".
The media feed the public a steady stream of photos and videos that feature pitiful migrant women and children. We see them looking through the razor wire towards "freedom", weeping, cooking their food over a campfire, and being pushed back by border guards. Yet these images are so misleading that they constitute disinformation.
The ugly fact is that the overwhelming majority of the "refugees" are healthy young men who either have no wives and children, or left them behind to seize the opportunity for hijra into Europe. They come from Afghanistan, Morocco, Eritrea, and Pakistan, but they acquire forged or stolen Syrian passports so that they become "Syrian", and thus qualify for VIP status in the flood of refugees.
We are being deliberately manipulated. The Western public is being manipulated into supporting the migration of fighting-age Muslim men into Europe. They are being manipulated into joining the crowd of starry-eyed people holding up "Welcome Refugees" signs in European train stations. And they are being manipulated into paying for all of it through their donations to various NGOs whose mission is to aid the "refugees".
Yet their donations do not cover the entire cost. It's a very expensive proposition to send refugees from Anatolia to the Greek islands, and then through Macedonia, Serbia, Croatia, Slovenia, and Austria to Germany. It's not just the payment to the people-smugglers who take them across a few miles of the Aegean and dump them just off the beach on Lesbos, although that is expensive enough. From there they are carried by ferry to the mainland, housed, clothed, and fed. When they continue their journey, they ride on buses and trains almost the entire distance — they walk only a few hundred yards to cross each border, getting out of a bus in one country and boarding another one in the next.
This is yet another way in which you, the Western public, are being manipulated by the media. All those photos and videos of endless columns of refugees walking along dusty roads carrying their children and pathetic belongings — those are not representative of the migrants' journey. A typical shot would show hundreds of young men sitting on buses with air conditioning and upholstered seats. But you don't see many of those, do you?
Someone is paying the costs of all this. Public donations cover only a small portion of the billions of dollars paid out to transport migrants. The governments of the countries involved pay some of the cost. And the European Union pays some of it. And there are multiple indications that George Soros and his Open Society Foundations are bankrolling a lot of the process, including the printing of maps and helpful instructions for the "refugees" in multiple languages.
Make what you will of all of this. No matter what their motives are, the internationalists who push for global governance and a borderless world are expending vast amounts of money to fool the European public and move millions of Muslim immigrants into Western Europe. Europe will become more "diverse", whether it likes it or not.
And if, as a consequence, terror attacks have to kill hundreds or thousands of people, and women have to be gang-raped, why, those are just unfortunate side-effects.
You can't make an omelet without breaking eggs, you know. Especially white European eggs.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The migrant crisis is just the beginning of what might be called the "kinetic phase" of the deconstruction of European nation-states. Last summer's events were not a new crisis. They were simply a continuation of an ongoing long-term process.
The constant flow of migrants across the Mediterranean into Europe has been going on for at least a decade. It picked up speed after the "Arab Spring" began in 2011, and especially after Moammar Qaddafi was murdered. Then the flow of migrants accelerated greatly last summer because President Erdogan of Turkey stopped interfering with the boats of the people-smugglers.
And now the European Union has paid an enormous amount of protection money to Mr. Erdogan in return for his promise to do what he used to do for free — stop the traffickers' boats from crossing the Aegean to Greece.
There is no doubt whatsoever that the flow of migrants into Europe is an intentional process on the part of EU leaders. Many of them —especially German Chancellor Angela Merkel — are on record saying how important it is to invite all this "diversity" into Europe. The recent tsunami has obviously taken them by surprise, but it is exactly what they wanted — just not this fast.
They didn't want the immigrants entering this quickly because the indigenous people of Europe might become alarmed by the influx and take action to throw their leaders out of office. This would not do. Those leaders want native Europeans to remain asleep so that the process of population replacement can be completed before they realize it.
No, it wasn't supposed to happen this way. But now the European people are waking up, and change is in the air. It may be too little, too late — but awareness is finally dawning.
Population replacement is only one of the strategies employed by those who want to deconstruct the nation-states of Europe. In order to complete the process without a hitch, the native populace must be kept under control. Existing cultural institutions such as the Church and patriotic organizations must be discredited and weakened so that people are unable to form networks and organize against what is being done to them. Ideally, they would be unaware that such organizing is even possible. They must remain atomized, divided from one another, and under the full control of the state — the EU superstate, that is.
As the situation has worsened for the last decade or so, the European Union and its member states have cracked down on free speech. Bringing in so many migrants has accelerated the Islamization of Europe, which tends to be unpopular. Increased crime, more rape and harassment of women, the insistence that schools must serve halal foods and male students receiving permission to refrain from shaking their female teacher's hand — these are all things that citizens dislike. But from the point of view of EU leaders, there is no going back — the migration must proceed; it's a necessary part of the plan. Therefore, people must not be allowed to discuss these things nor urge their leaders to make changes. Instead, the criticism of Islam and Islamization must be forbidden. The Organization of Islamic Cooperation and the United Nations call it "defamation of religion", and it has now been criminalized all across Europe. The EU is for all practical purposes enforcing sharia law on its indigenous residents.
Ten years ago, when I first began this work, the number of political prosecutions for "hate speech" in Europe was very small — the cases could be counted on the fingers of one hand. But that number has been increasing steadily ever since, and is now rising exponentially. There are now hundreds, perhaps thousands of cases every year in which people are prosecuted for racism, incitement, and discrimination simply for criticizing Islam or mass immigration. Unfortunately, many of those prosecuted are being convicted and fined. And, horribly enough, some are being sent to prison.
There are many, many cases of people being prosecuted for speaking the truth about Islam. Far too many for me to tell you about them all. I'll discuss my own case in a few minutes, but first I'd like to say a few words about two friends of mine.
The first case is that of Geert Wilders, the leader of the Party for Freedom — the PVV — the most popular political party in the Netherlands. If an election were held today, the PVV would win at least twice as many seats in parliament as any other party. After the current government falls, Geert may very well become the next prime minister.
Yet the government is prosecuting him for what he said about Moroccan immigrants. His first court appearance was last month, but the trial was postponed until next fall.
He is being charged with "discrimination" for asking his supporters at a rally whether they wanted "more or fewer Moroccans in the Netherlands". The charges against him were brought after thousands of complaints had been filed with the police — on pre-printed forms that police themselves had handed out in Muslim neighborhoods, and that imams had distributed to their illiterate congregants, many of whom had no idea what they were signing.
In other words, Geert Wilders was set up. His outspoken opinions about Islam, immigration, and the EU are considered unacceptable by the Powers That Be, and he must be stopped at any cost and by any means. His trial is a travesty, a farrago of justice. To call it a "kangaroo court" would be an insult to the world's marsupials. A more fitting term would be "show trial", just like those ordered by Stalin in the 1930s against his political enemies.
This is not the first political trial that Geert Wilders has had to endure, nor is it the second. This is the third time that the Dutch state has prosecuted him for "hate speech". The first ended in a mistrial due to prosecutorial misconduct. In the second he was acquitted. But the establishment will not be satisfied until it has convicted him and ended his political career, so it is putting him on trial again.
Another friend who is being persecuted by the state is Tommy Robinson, who was one of the founders of the English Defence League and was its leader for five years. Tommy has been brought to court by the British government numerous times. All of those prosecutions — the "hate speech" charges and all the others — were trumped-up affairs carried out for political purposes.
Tommy's most recent conviction was for "mortgage fraud", a minor crime for which no one else has done jail time. In fact, members of parliament have done exactly the same thing, but were never even charged. Tommy, on the other hand, was sentenced to eighteen months in prison.
While Tommy was inside, he was locked up with hardened Muslim criminals who wanted to kill him. He was repeatedly attacked and beaten up, and ended up in the prison hospital more than once.
On one occasion he was locked in a cell with several Muslim prisoners. Tommy had learned beforehand that one of them was planning to throw a mixture of boiling water and sugar in his face. This nasty brew is called "napalm" by the criminals who use it, and it can cause horrible burns, much worse than those caused by simple boiling water. Tommy acted pre-emptively and beat up the man who intended to throw it on him.
It is this incident for which he was recently charged. Thanks to the efforts of a group of women who through crowd-funding raised more than enough money, Tommy was for the first time able to retain a top-notch lawyer. He was acquitted and is now a free man.
The real issue behind all these arrests is that Tommy speaks the truth about the danger to the British people posed by Islam. But he is no longer being prosecuted for "hate speech" offenses — the state does not want the substance of what he says to aired in an open courtroom and discussed in the national media. Therefore other types of infractions must be found and other charges brought. The current case against him is simply the latest example of the repressive tactics being employed by the totalitarian British state.
So here's the plan: Lock up the most charismatic leader the British Counterjihad has. Put him in with his most dangerous enemies — Muslim criminals who have promised to kill him. Make sure that the guards are absent or looking the other way when the trouble starts. Then, as far as the sharia-compliant British state is concerned, the problem has been solved.
The UK, like all the other enlightened governments of Western Europe, has abolished the death penalty. But there's more than one way to kill a political nuisance — you don't have to march him up the steps to the gibbet, put the noose around his neck, and open the trapdoor under him.
What is happening to Tommy Robinson is capital punishment by alternative means.
And now for my own case.
In early 2008 I began a series of seminars in Vienna, under the auspices of the FPÖ — the Austrian Freedom Party — explaining to members and other interested parties what Islam, the Qur'an and the hadith really teach, along with basic tenets of Islamic law. In my presentations I discussed the consequences for democracy, freedom and human rights today.
For the next year and a half the interest in my seminars grew, and attendance increased. The success of my lectures drew the attention of Austrian leftists, who are determined to discredit and destroy the work of those who criticize the tenets of Islamic doctrine. To them we are "racists", "fascists", and "Islamophobes". Unbeknownst to me, the left-wing magazine NEWS sent a reporter to one of my seminars to make a surreptitious recording of it.
As a result, in late November, 2009, a criminal complaint was filed against me for "hate speech" . From an Austrian left-wing point of view, my offense was compounded by the fact that my seminars were held under the auspices of the FPÖ. Despite its popularity with Austrian voters, the FPÖ is reviled as a "xenophobic" party by leftist media and politicians.
The complaint against me was not filed by the state, but rather by NEWS magazine, the publication whose reporter had infiltrated the seminar. For the next ten months the possibility of a formal charge was left hanging over my head, but I received no official word about what might happen to me. All I could do was retain legal counsel and wait.
In April 2010 I gave a deposition to the Office for the Protection of the Constitution and Prevention of Terrorism. After that there was nothing from the prosecutor's office. Finally, on September 15, I learned that a formal charge would be filed against me. A few days later I received official notice from the court: my trial date would be November 23, 2010.
During my trial the issue of pedophilia came up, in light of Muhammad's status as the perfect example for Muslims, as stated in Quran 33:21. I explained what the hadith collections are, and that they constitute an indispensable part of Islamic scripture. I emphasized that I had made up none of what I said, but simply quoted canonical Islamic scripture concerning Muhammad's conduct, including his marriage to a little girl named Aisha.
The trial was then adjourned until the following January. At the second hearing, excerpts from the seminar recordings were played back, demonstrating that the original charge of "incitement to hatred" was unjustified.
The judge then discussed my statement that the conduct of Muhammad is exemplary for Muslims, and took particular issue with the statement "What would this behavior be called today, if not pedophilia?" — which was a reference to the prophet's marriage to a six-year-old girl.
Evidently aware that the charge of "incitement to hatred" was never going to fly, the judge, at her own discretion, eventually announced a new charge: "Denigration of religious beliefs of a legally recognized religion." My defense was unprepared for this, and requested that the trial be adjourned.
When court reconvened in February, events moved swiftly to a close. The judge decided that the language used in my seminars did not incite hatred, but the utterances regarding Muhammad and pedophilia were punishable. In particular, the judge found that the use of "pedophilia" was factually incorrect, as this is a sexual preference solely or mainly directed towards children. The judge stated that this cannot apply to Muhammad, who was still married to Aisha when she attained the age of 18. Thus, I was found not guilty on the count of "incitement to hatred", but guilty on the charge of "denigration of religious beliefs of a legally recognized religion", to be punished with a €480 fine or 60 days in prison.
The charge on which I was convicted was ludicrous on the face of it. Not only did I never say that Muhammad's actions constituted "pedophilia", but Muhammad's actions — which were undisputed by the court — included having sex with a nine-year-old girl. If I had said what I was accused of, it would have been nothing more than the simple truth, and unremarkable to any normal, sane person.
I appealed my conviction to a higher court. In December, 2011, the verdict was upheld. Later the case was considered by the Austrian Supreme Court, which upheld the verdict in December, 2013.
I have exhausted my options for justice in Austria, so the case was put before the European Court of Human Rights. It was accepted, and has been pending now for several years.
Whichever way the court decides, the verdict will have implications for citizens throughout Europe, and not just for Austrians. If my conviction is overturned, it will set an important precedent for the freedom to criticize religions and religiously-sanctioned conduct.
If, on the other hand, my conviction is upheld, the situation will be dire indeed. To quote the words of British Foreign Secretary Sir Edward Grey, spoken on August 3, 1914: "The lamps are going out all over Europe; we shall not see them lit again in our life-time."
When taken together, the events I've described tonight paint a picture of a Europe that is careening over the multicultural cliff. The traditional cultures and nations of Europe are being deliberately deconstructed so that a borderless society with no national identities can be constructed on top of the ruins.
And a borderless Europe is simply a precursor to a borderless global society. This future entity is commonly referred to as the "New World Order" or "global governance", and it is intended to be an unaccountable worldwide system of management and control modeled on the United Nations. A totalitarian behemoth — to paraphrase what George Orwell said: "If you want a vision of the globalist future, imagine a boot stamping on a human face — forever."
However, recent reactions to the European migration crisis indicate that events may not in fact be unfolding as planned. The response of most of the member states of the European Union has been to tighten up their borders and reinstitute border controls. Just last week Austria began fortifying its border crossing with Italy on the Brenner Pass, in anticipation of a new surge of 300,000 immigrants that is expected to arrive in Italy this year. Immigrants don't want to stay in Italy or Greece — they want to move north to Austria, Germany, Britain, and Sweden, where the welfare benefits are the most generous. The Austrian government is well aware of the northward trajectory of the migrants, and is acting to forestall it, just as it did last winter when it closed the "Balkan route".
The successive closure of European borders is widely seen as the death-knell of the Schengen Agreement, under which all but two EU countries (plus four non-EU countries) had been effectively borderless for internal travel purposes. When EU political leaders meet to discuss the crisis, it is often with the stated intention of "saving Schengen". But Schengen is already dead — they just don't realize it.
Paradoxically, even as they close their borders to more immigrants, European countries are cracking down harder on domestic dissent on the topic of immigration and Islam. In Germany and Britain people are being arrested for posting messages that criticize immigrants or Islam on social media. Police in Berlin recently raided ten residences after their occupants had voiced anti-migrant sentiments on Facebook. A man in Belgium spoke negatively about Muslims who celebrated the Brussels massacre, and was immediately visited at his home by three policemen, who requested that he refrain from such criticism in future.
If European countries are now determined to keep out future migrants, why are they cracking down on citizens who criticize immigration?
The short answer is: there are millions of immigrants already here. Hence they must be placated. If criticizing them makes them angry and causes them to take to the streets in violent demonstrations, then criticism of them must be outlawed.
I don't need to tell you that most of these millions of immigrants are Muslims. That's why criticism of Islam must be vigorously suppressed. Notwithstanding the much-trumpeted status of Islam as a "religion of peace", Muslims in Europe are notoriously prone to violence, and are always ready to take to the streets at a moment's notice. They may begin with loud chanting and signs that say "behead those who insult the prophet", but they more than likely will escalate rapidly to throwing rocks, assaulting the police, burning cars, vandalizing property, and other forms of general mayhem.
No, it's better (and easier) to silence the critics of Islam, in the hope that mob violence may be postponed for a just little while longer.
Exceptions to the general repression may be found in EU member states of the former East Bloc. It seems that people who survived decades under communism are less susceptible to the tyranny of political correctness. An alliance known as the Visegrád Group was formed in Central Europe after the fall of the Iron Curtain and is currently led by Prime Minister Viktor Orbán of Hungary, President Miloš Zeman of the Czech Republic, and Prime Minister Robert Fico of Slovakia. Not only do these countries allow dissent on the issue of Islam, their political leaders are among the foremost Islam-critics — what they say into the microphones in their state broadcasting studios is the same thing that prompted the prosecution of Geert Wilders, Tommy Robinson, and myself.
Nowadays those former communist dictatorships host the freest speech in Europe.
And the Visegrád Group is also resisting the mandatory quotas of refugees that the European Union is trying to impose. Hungary, Slovakia, the Czech Republic, and Poland have all declined to take in any of Mrs. Merkel's "refugees". President Zeman and Prime Ministers Orbán and Fico have gone so far as to state that they specifically do not want any Muslim immigrants — that Islam is incompatible with a free democratic society.
In the most recent example of former East Bloc resistance, on Sunday April 10 Romanian citizens took to the streets to protest a mega-mosque planned for Bucharest. "We fought the Ottomans for eight hundred years — we don't want any mosques!" — such were the chants of the demonstrators on the streets of Bucharest.
The future of Europe may depend on these stalwart patriots behind what used to be the Iron Curtain. They are leading the way — showing the cowardly political leaders of Western Europe how these things could and should be done.
You may be asking yourselves, "Why should I care about what's happening in Europe? These things are thousands of miles and an ocean away from here — let the Europeans sort it out for themselves."
There are two practical reasons why what happens in Europe should be of concern to Americans. The first is that an Islamic ascendancy in Europe poses a security threat to the United States. Not only does Western Europe offer a springboard for the Great Jihad to jump the Atlantic, but there are also stockpiles of nuclear weapons and other advanced armaments in Europe. There are already far too many Muslims in the ranks of the military in France and Britain. What will happen when the tipping point is finally reached, and the sleeper cells are activated ?
The second reason is that your own government is attempting to replicate the European model right here in the United States. Under the so-called "Refugee Resettlement Program", thousands of Syrian "refugees" are being settled all across America. This is being done quietly, whenever possible without consulting local authorities. The U.S. government has acknowledged that it is impossible to vet these migrants properly. Based on what has been happening in Europe, a significant number of those resettled here will be Islamic State terrorists using forged identity documents.
Do you know whether any of these "Syrians" are being resettled near you?
Does your congressional representative have any idea what's going on? Better ask him!
Europe's present is America's future. The massacres in Paris and Brussels are coming here as soon as enough jihad sleeper cells are in place. The first dark cloud of the coming storm appeared last December over San Bernardino, California. When it breaks fully, it will be fierce indeed.
Those who plan a borderless world are just as intent on overwhelming the United States with third-world immigrants as they are France, Germany, and Britain. Undermining national sovereignty is the name of the game, throughout the entire Western world.
Your migration wave includes more Latin Americans than Muslims, but thousands of Muslims are indeed arriving. And an undetermined number of "Latin" migrants who walk across your southern border are in fact Muslims from the Middle East, who have acquired forged papers and learned a little bit of Spanish so that they can pass for Mexicans when they arrive in Laredo or San Diego.
Yes, the Great Jihad will arrive here all too soon.
I urge you to exercise your fundamental constitutional rights while you still can. Speak up and speak out against what is happening at every opportunity. And thank God for your First Amendment! We don't have that in Europe, and I wish we did — thanks to the Bill of Rights, prosecuting dissenters is much more difficult here in the USA.
And thank God for the Second Amendment! Most Europeans have no ready access to legal firearms. When the "refugees" assault them, invade their homes, and rape their women and children, they cannot defend themselves. The only thing they can do is to call the police — and, as you all know, "when seconds matter, the police are only minutes away."
So I implore you, as American citizens and patriots: Hang on to your hard-won rights! The Constitution is being taken away from you, bit by bit — take action while you still can. You are fortunate to live in the United States, but large forces are arrayed against you. Your enemies — many of whom are right here in America — make no bones about what they intend. They want to eradicate American exceptionalism and make the USA just like Europe — a subjugated state.
As for myself, I will continue to speak the truth, no matter what. I owe as much to my daughter, and her children and children's children. No matter the final outcome, I want her to be able to say: "My mother did everything she possibly could."
Europeans and Americans share a common heritage. We must hang together, or we will surely hang separately.
I urge you to stand with me!
NO SURRENDER!
Im Original erschienen auf: Gates of vienna von Baron Bodissey am 26.April.2016
DallasISIslamrefugeesSabaditsch-Wolff


text:
High DPP-4 concentrations in adolescents are associated with low intact GLP-1
Stenlid, Rasmus
Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Medical Cell Biology. Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Women's and Children's Health.
Manell, Hannes
Halldin, Maria
Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Women's and Children's Health, Research group (Dept. of women´s and children´s health), Paediatric Inflammation Research.
Kullberg, Joel
Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Surgical Sciences, Radiology. Antaros Med, SE-43183 Molndal, Sweden.
Ahlström, Håkan
Manukyan, Levon
Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Medical Cell Biology.
Weghuber, D
Paulmichl, K
Zsoldos, F
Bergsten, Peter
Forslund, Anders
Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Women's and Children's Health.ORCID iD: 0000-0001-9109-4556
2018 (English)In: Journal of Clinical Endocrinology and Metabolism, ISSN 0021-972X, E-ISSN 1945-7197, Vol. 103, no 8, p. 2958-2966Article in journal (Refereed) Published
Context: Dipeptidyl Peptidase-4 (DPP-4) metabolizes glucagon-like peptide-1 (GLP-1) and increased DPP4 levels are associated with obesity and visceral adiposity in adults.
Objective: Investigating DPP-4 levels in adolescents and association with, firstly, circulating intact GLP-1 levels and glucose tolerance, secondly, BMI, and, thirdly visceral, subcutaneous and liver fat compartments.
Design: Cross-sectional study, July 2012 to April 2015.
Setting: Pediatric obesity clinic, Uppsala University Hospital.
Patients and participants: Children and adolescents with obesity (n=59) and lean controls (n=21), age 8-18.
Main outcome measures: BMI SDS, fasting plasma concentrations of DPP-4, total and intact GLP-1, fasting and OGTT concentrations of glucose and visceral (VAT) and subcutaneous (SAT) adipose tissue volumes and liver fat fraction.
Results: Plasma DPP-4 decreased with age both in obese (41 ng/ml per year) and lean subjects (48 ng/ml per year). Plasma DPP-4 was higher in males both in the obesity and lean group. When adjusting for age and sex, plasma DPP-4 was negatively associated with intact GLP-1 at fasting, B=-12.3, 95% CI [-22.9, -1.8] and during OGTT, B=-12.1, 95% CI [-22.5, -1.7]. No associations were found between DPP-4 and plasma glucose measured at fasting or after a 2-hour OGTT. Plasma DPP-4 was 19% higher in the obese subjects. Among adipose tissue compartments the strongest association was with VAT, B=0.05, 95% CI [-0.02, 0.12].
Conclusions: In adolescents, high plasma DPP-4 concentrations are associated with low proportion of intact GLP-1, high BMI, young age and male sex. The observed associations are compatible with an increased metabolism of GLP-1 in childhood obesity.
Endocrine Society , 2018. Vol. 103, no 8, p. 2958-2966
URN: urn:nbn:se:uu:diva-354234DOI: 10.1210/jc.2018-00194ISI: 000442236900022PubMedID: 29850829OAI: oai:DiVA.org:uu-354234DiVA, id: diva2:1220949
EU, FP7, Seventh Framework Programme, 279153Swedish Diabetes Association, DIA 2016-146Ernfors Foundation, 160504Swedish Research Council, 2016-01040EXODIAB - Excellence of Diabetes Research in SwedenErik, Karin och Gösta Selanders FoundationAvailable from: 2018-06-19 Created: 2018-06-19 Last updated: 2019-03-28Bibliographically approved
1. Impaired Glucose Tolerance in Childhood Obesity: Contribution of Glucagon, GLP-1 and Inflammation
Open this publication in new window or tab >>Impaired Glucose Tolerance in Childhood Obesity: Contribution of Glucagon, GLP-1 and Inflammation
In the wake of increased obesity prevalence, impaired glucose tolerance (IGT) and type 2 diabetes (T2D) in childhood and adolescence is increasingly common. Given the negative impacts these conditions have on health over time, understanding the pathophysiology in those affected early in life is important. Both the proglucagon-derived peptides and low-grade inflammation have been implicated in the development of obesity-related complications. The aim of this thesis was to study across the glucose tolerance spectrum in children and adolescents with obesity 1) proglucagon-derived peptides glucagon, GLP-1 and glicentin, 2) dipeptidyl peptidase-4 (DPP-4) and its degradation of GLP-1 and 3) novel inflammatory markers. To this end, children and adolescents of the Uppsala Longitudinal Study of Childhood Obesity were studied.
Children and adolescents with obesity had higher fasting plasma glucagon concentrations than lean controls. In particular visceral adiposity, hyperinsulinemia, triglycerides and free fatty acids (FFAs) were associated with high plasma glucagon concentrations. In isolated islets elevated FFAs caused hypersecretion of glucagon. In children and adolescents with IGT or T2D, fasting plasma glucagon was further elevated and the GLP-1 and glicentin response to an oral glucose tolerance test (OGTT) was decreased. In T2D plasma glucagon increased during the first 15 minutes of OGTT. Plasma DPP-4 concentrations were elevated in obesity and associated with lower proportion of intact GLP-1 but not with IGT. Several pro-inflammatory markers were elevated in children and adolescents with obesity but not further elevated in IGT or T2D with the exception of low plasma Tumor necrosis factor-related weak inducer of apoptosis (TWEAK) levels, which were associated with IGT, hyperinsulinemia and hyperglucagonemia. High plasma hepatocyte growth factor (HGF) concentration was associated with increased risk of further weight gain in children and adolescents with obesity.
In conclusion, elevated glucagon concentration at fasting, a hyperglucagonemic response to OGTT and reduced GLP-1 and glicentin are characteristics of IGT and T2D development in childhood obesity reflecting altered usage of the proglucagon gene. DPP-4 concentrations are elevated in childhood obesity but not associated with IGT. Reduced circulating TWEAK was identified as a novel marker of IGT early in life. Children with obesity and high HGF are less likely to respond well to lifestyle intervention.
Uppsala: Acta Universitatis Upsaliensis, 2019. p. 49
Digital Comprehensive Summaries of Uppsala Dissertations from the Faculty of Medicine, ISSN 1651-6206 ; 1560
Childhood obesity, impaired glucose tolerance, type 2 diabetes, glucagon, glucagon-like peptide-1, dipeptidyl peptidase-4, inflammation, free fatty acids, insulin, visceral adiposity
Pediatrics Endocrinology and Diabetes Cell and Molecular Biology
urn:nbn:se:uu:diva-380318 (URN)978-91-513-0618-6 (ISBN)
2019-05-22, Room B21, BMC, Husargatan 3, Uppsala, 13:15 (English)
Juul Holst, Jens
University of Copenhagen, Department of Biomedical Sciences.
Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Medical Cell Biology. Uppsala University, Science for Life Laboratory, SciLifeLab. Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Women's and Children's Health, Research group (Dept. of women´s and children´s health), Paediatric Inflammation Research.
Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Medical Cell Biology. Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Medical Sciences. Uppsala University, Disciplinary Domain of Medicine and Pharmacy, Faculty of Medicine, Department of Women's and Children's Health, Research group (Dept. of women´s and children´s health), Paediatric Inflammation Research.
Manell, HannesHalldin, MariaKullberg, JoelAhlström, HåkanManukyan, LevonBergsten, PeterForslund, Anders
Department of Medical Cell BiologyDepartment of Women's and Children's HealthPaediatric Inflammation ResearchRadiology

redpajama_set_name: RedPajamaCommonCrawl


F4 Tech was involved from the beginning and brought Alabama Power from having virtually no data to a fully populated database with tools and processes to perform growth and yield analyses, forest inventory and harvest scheduling.
This ongoing project started in 2004 and F4 Tech originally performed a stand mapping and strata level forest inventory for the 150,000-acre land base. F4 also delivered a custom version of SilvAssist Toolbar for ArcGIS that includes Stand Events and Growth and Yield Tools through Forest Vegetation Simulator (FVS). Since that time, these systems have been upgraded to provide the latest innovations from the SilvAssist Suite including Inventory Manager, Events Manager and SilvAssist Mobile.
F4 provides annual maintenance for the tools provided, data management and updates, and training and modeling services for strategic level model. With Alabama Power, F4 has helped to bring the data and models from the strata to stand level. The current model is now at the stand level and supports operational planning.
Data processing and handling are now drastically simplified. Reported savings in this area of around 50 percent. The annual planning and budgeting process is much more streamlined and there is more confidence in the results, since it is data-driven.


text:
Georgia lawmakers reach deal to tighten internet sales tax collections
Board pins down draft of school lines
Forsyth County News
Jennifer Sami
Updated: Oct. 5, 2008, 5:03 a.m.
The Forsyth County Board of Education on Tuesday approved what could be the final change in the redistricting map for the 2009-10 school year.
The decision, approved by a 5-0 vote, will shift about 150 children who would otherwise attend Cumming Elementary to Mashburn Elementary.
In doing so, Mashburn will be at 85.4 percent capacity and Cumming will be at 94.4 percent capacity, according to school system projections.
Had the change not been made, Mashburn would have been at 65.1 percent capacity, and Cumming would have been overflowing, at 108.5 percent capacity.
The school system is currently redistricting for the next school year, when it plans to open five new schools, including one middle, one high and three elementary schools.
The potential overflow of students at Cumming Elementary would had to have been housed in portable buildings, which are funded through property taxes.
The 19 trailers that would have been would have each cost $10,200 annually. Utilities for trailers run about $1,200 a year, versus the $423 annually it costs in a classroom.
Between utilities and trailer rental, the decision to relieve Cumming Elementary will save the school system an excess of $208,000.
Nancy Roche, chairwoman of the school board, said parents affected by the decision will be receiving a "letter so they will get a heads up so they will know what's going on so they will have some time for input."
The school system Web site has offered an open forum throughout the redistricting process, allowing parents to comment on the changes.
The board has used the comments to make changes to each of the five previous drafts of the redistricting map. Three public forums have also been held through the redistricting process.
"We've taken feedback and incorporated it, if feasible, into the map, or we've responded as to why we can't incorporate that feedback," said Jennifer Caracciolo, school system spokeswoman.
"To put it in perspective, I have had more people give me feedback to name the new [elementary] school ... than for redistricting."
Over the process, fewer comments have been made. The first and second drafts of the map garnered 473 and 494 comments respectively.
The numbers for the fourth and fifth map dropped substantially, to 219 and 203. In the 24-hour span leading up to Tuesday's meeting, the district had received more than 300 responses on naming the new school.
The board will meet again in an Oct. 9 work session to review comments received through Oct. 3.
"We go through it. When we come back for our work session, we will be going through every single line item, all the concerns," Roche said. "We've done that three or four times now. We go through ever single one to make sure we do everything we can."
How local educators turned this elementary school into a winter wonderland
Lanier Tech director of curriculum awarded for development of online course
Dual-language program expanding to fourth Forsyth County elementary school
How these dogs helped lower UNG students' stress levels


It is okay to use only your back muscles when lifting an item from ground level.
When an issue with your equipment is noticed, when should it be locked/tagged out?
What should you do with your equipment when needing to evacuate?
When an incident is bound to happen, you should stay within the running lines at all times.
You should shuffle your feet and maintain small steps to reduce the risk of a slip/fall incident when walking in icy and/or snowy conditions.
Transportation Safety covers all types of vehicles, and includes both occupational and non-occupational hazards associated with them.
Regular maintenance is required to keep all equipment, machines and the work environment safe and reliable at all times in the warehouse. Dangerous situations, accidents and health problems can occur as a result of not conducting proper maintenance checks.
Make sure your vehicle is ready for driving in winter weather.


text: -12- now in litigation and involves several novel and debatable issues of both fact and law. Authorizations of above projects, however, except in case of Anderson Ranch (flood control), Palisades (flood control), Columbia Basin, and Hungry Horse, do not make any reference to navigation. Region 2 (which includes the Central Valley Project, in California, the Orland Project, California, and the Klamath Project, in California and Oregon) In Region 2, section 8 of the Reclamation Act of 1902 has been construed to include rights in navigable as well as non-navigable streams and that region has proceeded under section 7, where applicable, to acquire the rights necessary for the Central Valley Project until requested to cease at the request of the Department of Justice on November 10, 1949. In the latter part of 1945, the Department of Justice recommended to the Bureau that no further steps be taken toward purchasing water rights from owners of lands similarly situated to those then in litigation. The Bureau then ceased to acquire any water rights on the San Joaquin River similarly situated to certain lands then in litigation. Acquisitions of water rights along the San Joaquin River were started in 1939, negotiations having been in progress long before that time. Acquisitions were accomplished by contract and by appropriations under State law. The principal points on the San Joaquin River, with relation to which the United States has acquired water rights, are below Friant Dam. Those acquisitions were essential to the establishment of the legal privilege to operate Friant Reservoir, the Madera Canal, and the Friant-Kern Canal in the manner planned.


Bread Box Handcrafted Sandwiches brings fresh, artisan sandwiches to Universal CityWalk. Bread Box is one of the many great additions during the 2014 expansion of CityWalk and is one of the few unique quick service options available at the dining/nightlife complex. With some tweaks and adjustments since opening, Bread Box has become a great value. Don't miss out on their handmade milkshakes!


text:
Home > Topics > Desktop > News > PCI Express 3.0 details uncovered
PCI Express 3.0 details uncovered
June 13, 2008 by Chaz Reads (1,584)
ExtremeTech has obtained information about the PCI Express 3.0 standard, which will launch around 2010.
Details of the new standard were outlined at a PCI Express Special Interest Group (SIG) press conference on June 11. PCI Express 3.0 will double the bandwidth provided by the PCI Express 2.0 standard today. It will be backwards compatible with PCI Express 2.0 and therefore not require a new connector.
The details are still subject to change, as the specifications are not expected to be completed until the end of 2009; testing should start in the second half of 2010.
Full Story (ExtremeTech.com)


How many times have we railed against stupid "zero tolerance" policies in schools? About a million. Unfortunately, it doesn't appear to be making any difference because a five-year-old girl in Hoke County, NC has recently been suspended because of one of these policies.
Hoke County Schools will not tolerate assaults, threats or harassment from any student. Any student engaging in such behavior will be removed from the classroom or school environment for as long as is necessary to provide a safe and orderly environment for learning.
Are you f---ing serious? It was a stick, not a gun! The kids were just playing and using their imagination! Ridiculous.
Caitlin's mother is now asking that the school apologizes for her suspension, claiming that she has now been alienated from her friends and other students. We won't hold our break waiting for that apology.


Export Compliance Info for Encryptomatic LLC Software Products.
Encryptomatic LLC products utilizing strong encryption are classified as by the U.S. Deptartment of Commerce, Bureau of Industry and Security, as ECCN 5D992 and have been authorized for export or re-export as mass market encryption products under ERN R104882. OpenPGP addin is self classified as 5D002 because of the use of open source encryption source code.


This aromatherapy massage blends customised essential oil infusions with warm herbal steam towels, heated stones and skilful therapeutic techniques to deliver the ultimate massage experience. We prescribe Wood for Rejuvenation, Fire for Zest, Earth for Balance, Metal for Detoxifying or Water to Soothe. This treatment draws from both Eastern and Western massage and thermotherapy techniques to help balance both body and mind.


The final medals from the diving board will be decided this evening and four English athletes will be looking to finish the 2010 Commonwealth Games with a splash.
Yesterday's golden pair Tom Daley and Max Brick made it through to the final of the men's 10m platform at 17.30.
Daley led the field for much of the qualification session, eventually finishing second to Australian Matthew Mitcham with 502.55 after six dives.
"I started off pretty well," said the 16-year-old from Plymouth. "My first two dives were sharp, I hadn't scored tens on those two dives for a long time. However, I didn't go as well in my last three dives.
Max Brick, Daley's partner on their gold-winning 10m platform synchro performance yesterday, qualified for the final in fifth place on 443.25.
Members of the City of Leeds Diving Club will proudly note the appearance of two of their number in the women's 3m springboard final at 16.00. Thirteen-year-old Alicia Blagg and 26-year-old Rebecca Gallantree will dive in their third and fourth finals of these Games.


text:
Sweating your assets
How can local authorities get more from their assets without selling off the family silver? Owen Willcox explains.
Sustained pressure on local authority budgets has seen councils become increasingly adventurous in their discussions about how to generate income or savings to help them maintain services.
Outsourcing and spin-outs have been more prevalent but there may be more that councils can do to "sweat" their assets while maintaining full control by using operating vehicles to generate a better return for example making use of Teckal entities.
There are some key vires and procurement considerations for local authorities considering using Teckal entities for the delivery of public services. There may also be state aid, employment/pensions, taxation and other legal issues to be addressed. This article focuses on the powers given to local authorities and the procurement issues.
Power to establish a company
Section 1 of the Localism Act 2011 ("the 2011 Act") provides local authorities with a general power of competence to do anything that individuals generally can do. This power includes doing things for a "commercial purpose" which has been interpreted to include the power to make a profit. It is worth noting that Section 1 is subject to any relevant pre-existing legal restrictions.
Powers to trade
The 2011 Act gives local authorities the power to do things for a commercial purpose, which may include making a profit. Under these provisions, there is an obligation that trading must be done through a company or a community benefit society.
Local authorities also have the power to trade under section 95 of the 2003 Local Government Act, similar to the 2011 Act which requires local authorities to put together and approve a business case.
Although the power under the 2011 Act is much broader, it is best practice to put together a business case which contains:
the objectives of the business;
the investment and other resources required to achieve those objectives;
any risks the business might face and how significant those risks are; and
the expected financial results of the business, together with any other relevant outcomes the business is expected to achieve.
A detailed business plan building on the business case is also desirable to inform councillors of the input required from the council and the viability and potential risks of the company.
Power to charge
To deliver a shared services project, a Teckal entity could be established, and its services 'traded' with the partner councils using the powers described, but if the councils only require the Teckal entity to charge on a cost recovery basis then this is classed as "charging" and would be permitted using the general power of competence under section 1 the 2011 Act. This would, however, be subject to limits on charging which are detailed at section 3 of the 2011 Act. This section states that the service for which there is a charge must be one the council is not under a statutory obligation to provide to the person who is being charged; and the person must agree to the service being provided i.e. incurring the charge.
Power to purchase services
In circumstances where councils will purchase services from the Teckal entity, local authorities are enabled under section 111 of the 1972 Local Government Act to do anything which is intended to facilitate, or is conducive or incidental to, the discharge of any of their functions. This power enables a local authority to purchase services from the Teckal entity in order to discharge its related functions. This is, of course, subject to the public procurement regime.
The rationale behind the EU procurement rules and the implementing UK legislation (the Public Contracts Regulations 2015 (the "Regulations")) is to promote the European single market by opening up public procurement to EU-wide competition.
Where a procurement exercise is subject to the Regulations, the public body awarding the contract is required to follow specified procedures for selecting candidates, assessing tenders and awarding a contract.
Provision of services from the Teckal entity to councils
The Regulations now expressly permit local authorities to directly award contracts to Teckal entities if the following conditions are met:
the contracting authority exercises over the company a control which is similar to that it exercises over its own departments (i.e. the contracting authority must exercise a decisive influence over both strategic objectives and significant decisions of the company)
more than 80 % of the activities of the company are carried out in the performance of tasks entrusted to it by the controlling contracting authority; and
there is no private sector ownership of the company (with certain exceptions).
The Regulations make clear that the requisite level of control can be exercised jointly with other contracting authorities, meaning that the relevant councils taken together can jointly exercise sufficient control over the entity. For this to apply, it must be demonstrated that:
all the councils are represented on the board of directors;
those councils are able jointly to exert decisive influence over the strategic objectives and significant decisions of the company; and
the company does not pursue any interests which are contrary to those of the controlling contracting authorities.
Provision of services from the councils to the Teckal entity
Depending on the project in question, it may be decided that the controlling councils will provide essential services to the entity, for example IT and related services. Although the Regulations permit the direct award of contracts by Teckal bodies to their controlling contracting authorities the specific provisions permitting this are not drafted in a manner which permits this where more than one contracting authority controls the Teckal entity. This point should be borne in mind when the structural delivery arrangements are being considered.
Owen Willcox is a Partner in the London office of Geldards LLP's Public Services Group. He can be contacted on 020 7921 3986 or This email address is being protected from spambots. You need JavaScript enabled to view it..


text:
https://apnews.com/press-release/accesswire/business-4c0443b5194c854fb5790602c269e50b
Recruiter.com Releases Recruiting Predictions for 2022
Reports on Job Market, Hiring, and Business TrendsNEW YORK, NY / ACCESSWIRE / December 22, 2021 / Recruiter.com Group, Inc. (NASDAQ:RCRT)(NASDAQ:RCRTW) ("Recruiter.com"), a recruiting solutions platform, has released their recruiting predictions ...
Reports on Job Market, Hiring, and Business Trends
NEW YORK, NY / ACCESSWIRE / December 22, 2021 / Recruiter.com Group, Inc. (NASDAQ:RCRT)(NASDAQ:RCRTW) ("Recruiter.com"), a recruiting solutions platform, has released their recruiting predictions for 2022 as 2021 comes to a close after this year's unprecedented job market conditions.
The importance of talent will continue to grow in 2022 and employers will invest heavily in talent acquisition and retention. Recruiter.com has announced five overall predictions for the new year:
"We've been ahead of the curve when it comes to hiring and job market trends, thanks to our network of talent acquisition professionals who take part in our monthly Recruiter Index Survey," said CEO Evan Sohn. "Month after month, employee priorities have been shifting, and the overall value of talent continues to be a top priority for businesses of all sizes."
Capitol Siege: One Year Later
Judge denies access to rioter's community service records
QAnon follower who attacked police at Capitol gets prison
"It truly is a candidates' market, and I don't see that changing 2022," he continued. "Employers that recognize and invest in recruiting and retaining talent will be rewarded with greater efficiency and productivity."
A full breakdown of Recruiter.com's 2022 predictions can be found here.
About Recruiter.com Group, Inc.
Recruiter.com is a recruiting solutions platform that rapidly delivers the right talent to both small and large businesses. Recruiter.com provides on-tap talent solutions that flex with hiring needs with recruiting software and a network of on-demand recruiters. To learn more, visit https://www.recruiter.com.
For investor information, visit https://investors.recruiter.com
Please follow social media channels for additional updates:
LinkedIn Recruiter Network Group: https://www.linkedin.com/groups/42370/
LinkedIn Company Page: https://www.linkedin.com/company/1240434
Twitter Company Page: https://twitter.com/recruiterdotcom
Facebook Company Page: https://www.facebook.com/RecruiterDotCom
Nicole Gallina
investors@recruiter.com
Cautionary Note Regarding Forward-Looking Statements:
This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. The words "forecast" "believe," "may," "estimate," "continue," "anticipates," "intend," "should," "plan," "could," "target," "potential," "is likely," "will," "expect" and similar expressions, as they relate to us, are intended to identify forward-looking statements. We have based these forward-looking statements primarily on our current expectations and projections about future events and financial trends that we believe may affect our financial condition, results of operations, business strategy, and financial needs. Important factors that could cause actual results to differ from those in the forward-looking statements include continued demand for professional hiring, the accuracy of the Recruiter Index® survey, the impact of the COVID-19 pandemic on the job market and the economy as virus levels are again rising in many states, and the Risk Factors contained within our filings with the Securities and Exchange Commission, including our Annual Report on Form 10-K for the year ended December 31, 2020. Any forward-looking statement made by us herein speaks only as of the date on which it is made. Factors or events that could cause our actual results to differ may emerge from time to time, and it is not possible for us to predict all of them. We undertake no obligation to update any forward-looking statements publicly, whether as a result of new information, future developments, or otherwise, except as may be required by law.
SOURCE: Recruiter.com Group, Inc.
https://www.accesswire.com/679035/Recruitercom-Releases-Recruiting-Predictions-for-2022


"Interest tolled from day of default because of Bad Faith dealing. Too bad this isn't imposed on every bank every time they operate in bad faith!"
HSBC Bank USA, NATIONAL ASSOCIATION AS TRUSTEE FOR MORTGAGEIT SECURITIES CORP. MORTGAGE LOAN TRUST SERIES 2007-1 MORTGAGE PASS-THROUGH CERTIFICATES, Plaintiff, v John McKenna, Jr. A/K/A JOHN T. MCKENNA, JR., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR MORTGAGEIT, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, JOHN DOE (Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises.), Defendants.
THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION. THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE PRINTED OFFICIAL REPORTS.
COUNSEL: [***1] For Plaintiff: Allison J. Schoenthal, Esq. and Nicole E. Schiavo, Esq. of Hogan Lovells U.S. LLP.
For John McKenna, Defendant: John E. Petiton, Esq.
JUDGES: Jack M. Battaglia, Justice, Supreme Court.
[*887] [**748] Jack M. Battaglia, J.
-Letter of John E. Petition, Esq.
Plaintiff was represented by Allison J. Schoenthal, Esq. and Nicole E. Schiavo, Esq. of Hogan Lovells U.S. LLP. Defendant John McKenna was represented by John E. Petiton, Esq.
[*887contd] [**748contd] This action was commenced on March 11, 2009 to foreclose a mortgage on property located at 448 Decatur Street, [***2] Brooklyn. The subject Mortgage, dated March 27, 2007, was given to "MORTGAGEIT" as Lender to secure payment of an Adjustable Rate Note with the same date in the principal amount of $624,000, which note was also given to "MORTGAGEIT" as Lender. The Borrower designated in the note and mortgage is defendant John T. McKenna, Jr. The note shows an undated indorsement on behalf of "MortgageIt, Inc." to the order of Plaintiff, and an Assignment of Mortgage dated March 2, 2009 purports to assign the subject mortgage from Mortgage Electronic Registration Systems, Inc., designated in the Mortgage as "a nominee for Lender" and so-called "mortgagee of record," to Plaintiff.
This mortgage foreclosure action was referred to the Mandatory Foreclosure Conference Part, where it was first calendared for May 21, 2009. On May 25, 2011, after 18 further scheduled appearances, the action was referred to this Court.
A conference was held on June 27, 2011, at which time Special Referee Deborah L. Goldstein advised the Court that she was requesting a finding by the Court that Plaintiff had not complied with its obligations under CPLR 3408, and, upon such finding, imposing a suitable penalty. A schedule was agreed [***3] upon for Special Referee Goldstein to prepare a written report and recommendations, which she did with a Report and Recommendation [*888] dated July 8, 2011, and for Plaintiff and defendant/mortgagor John McKenna, Jr. to comment, which they each did.
The Report and Recommendation of Special Referee Goldstein seeks the imposition of a penalty on Plaintiff for failing to negotiate in good faith as required by CPLR 3408 (f). Although Special Referee Goldstein also refers to Part 130 of the Rules of the Chief Administrator (see 22 NYCRR §130.1 et seq.) and Judiciary Law §§753 and 754, the essential thrust of the report to this Court is the contention that Plaintiff acted in bad faith in refusing to agree to a "short sale" of the [**749] mortgaged property as proposed by [***4] defendant McKenna.
Plaintiff raised a threshold question, however, as to whether defendant McKenna is or has ever been "a resident of the property subject to foreclosure" (see CPLR 3408 [a]), so as to trigger Plaintiff's obligation to negotiate with him "in good faith to reach a mutually agreeable resolution" (see CPLR 3408 [f].) Plaintiff submitted copies of documents dated subsequent to the commencement of this action that show defendant McKenna's address to be different from the property subject to foreclosure; and the Report and Recommendation notes that, at least at one point, "the premises were vacant because it required repairs."
Since the July 2011 Report and Recommendation does not state that the Special Referee had made any finding as to Mr. McKenna's residency at the mortgaged property, with a Decision and Order dated October 3, 2011, the Court referred the matter back to Referee Goldstein with a direction that she "supplement her Report and Recommendation with a statement as to her finding that defendant McKenna was a resident of the mortgaged property when the action was commenced and through the settlement conference process; or, if she has not made such finding, she shall [***5] direct and schedule such proceedings, including such further appearances and submissions as she might deem appropriate, so that she might make a determination on the issue of residency."
[*889] A determination as to whether the mortgagor would be deemed "a resident of the property subject to foreclose" for purposes of CPLR 3408 (a) is crucial, however, to whether there is an obligation under CPLR 3408 (f) to negotiate "in good faith to reach a mutually [***6] agreeable resolution." No such obligation is imposed by uniform court rules or the local rule, assuming that it could be. The July 2011 Report and Recommendation cites to no other source of an express "good faith" obligation that would apply to conferences that are not mandated by CPLR 3408 (a).
Defendant submitted uncontroverted testimonial and documentary evidence proving that he resided at the Premises from January 2009 through December 2010, the two-year period during which he and his wife were separated. Based on the evidence, this Referee has determined [**750] that Defendant resided at the Premises at the time of commencement in March 2009 and throughout the majority of CPLR 3408 conferencing. Plaintiff failed to satisfy [***7] its burden of disproving Defendant's residence at the Premises."
While Defendant submitted affidavit testimony regarding his residence at the Brooklyn Premises from January 2009 through December 2010, Plaintiff failed to submit an affidavit for an exemption from CPLR 3408 and an affidavit of investigation regarding Defendant's residency, as explicitly required under the Kings County Local Rules, Part F (7)."
[*890] Plaintiff is judicially estopped from challenging application of the good faith requirement of CPLR 3408 (f). The doctrine of judicial estoppel' or estoppel against inconsistent positions' may be invoked to prevent a party from inequitably adopting a position directly contrary to or inconsistent with an earlier assumed position in the same proceeding' Maas v. Cornell Univ., 253 AD2d 1, 5, 683 N.Y.S.2d 634, affd. 94 NY2d 87, 721 N.E.2d 966, 699 N.Y.S.2d 716."
ORDERED that Referees Nuccio, Goldstein, Berson, Soto-Fier, and Amster mayso-order stipulations [*891] with the consent of both parties to a pending action; . . ."
Here, as noted above, the June 1, 2011 order of the Administrative Judge is designated an Order of Reference to Hear and Determine, and, as will appear again, the decretal paragraphs reflect that. The Order cites as authority CPLR 4301 (Powers of referee to determine), CPLR 4311 (Order of Reference), and CPLR 4312 (Number of referees; qualifications), but does not cite either of the statutory provisions that address the circumstances in which a reference to report (see CPLR 4212) or a reference to determine [***11] (see CPLR 4317) may be made.
Specifically, the referees assigned to the Residential Foreclosure Conference Part may "hear and determine whether a mutually agreeable resolution to the foreclosure proceeding pending before them can be reached at the mandatory conference stage"; "may conference, negotiate, settle, adjourn, and make procedural determinations regarding the qualifications of cases pending before them in the Residential Foreclosure Conference Part, as defined by the laws of New York State"; [*892] and "may so-order stipulations with the consent of both parties."
"ORDERED that upon the conclusion of a mandatory settlement conference, the presiding referee shall issue a Residential Foreclosure Conference Order, in the form annexed, to be filed with the County Clerk in and for the County of Kings, memorializing the results of the [***12] conference and setting forth those further proceedings that shall occur in the pending foreclosure action."
The annexed form includes direction to a judge for determination of any question as to the good faith participation of any party in settlement conference proceedings.
"[T]he scope of a referee's duties are defined by the order of [***13] reference" (First Data Merchant Servs. Corp. v One Solution Corp., 14 AD3d 534, 535, 789 N.Y.S.2d 198 [2d Dept 2005]; see also Hovhannessian v. Yetemian, 75 AD3d 623, 623-24, 904 N.Y.S.2d 671 [2d Dept 2010]); and "[a] referee has no power beyond that limited in the order of reference" (L. H. Feder Corp. v. Bozkurtian, 48 AD2d 701, 368 N.Y.S.2d 247 [2d Dept 1975]; see also Fernald v Vinci, 302 AD2d 354, 355, 754 N.Y.S.2d 668 [2d Dept 2003].) Although statute and caselaw address the functions and authority of referees at various stages of a mortgage [*893] foreclosure action (see RPAPL §§ 1321 , 1351 , 1361 ; 2-20 Bergman on New York Mortgage Foreclosures §20.03; Central Mtge. Co. v Acevedo, 34 Misc 3d 213, 220, 934 N.Y.S.2d 285 [Sup Ct, Kings County 2011]; Mortgage Elec. Registration Sys., Inc. v Maki, 9 Misc 3d 983, 984-85, 801 N.Y.S.2d 515 [Sup Ct, Seneca County 2005]), no statute and little caselaw deals with the settlement conference proceedings mandated by CPLR 3408 (a).
The questions then become, first, whether Special Referee Goldstein's finding that the settlement conference proceedings in this case were mandated by CPLR 3408 (a), so as [***17] to impose on the parties the obligation to negotiate "in good faith to reach a mutually agreeable resolution" (see CPLR 3408 [f]), should be confirmed or rejected; and, if confirmed, whether her finding that Plaintiff failed to participate in good faith should be confirmed or rejected, and, if confirmed, the appropriate remedy.
When CPLR 3408 (a) and RPAPL §1304 (5) (a) are read together, it appears that a settlement conference will be mandated where two "residency" requirements are met, one considered as of the time the subject mortgage is given, and one considered as of the time the foreclosure action is commenced. Under this reading, although the borrower need not reside at the property when the mortgage is given if the property "is or will be occupied by the borrower as the borrower's principal dwelling" (see RPAPL § 1304  [a] [iii]), a conference is only mandated where the borrower "is a resident of the property [*896] subject to foreclosure" (see CPLR 3408 [a]) when the foreclosure action is commenced.
At least two trial courts have rejected this reading of CPLR 3408 (a). (See One West Bank, FSB v Greenhut, 36 Misc 3d 1205[A], 2012 NY Slip Op 51197[U], *** 4 [Sup Ct, Westchester County 2012]; Accredited Home Lenders, Inc. v Hughes, 22 Misc 3d 323, 326-27, 866 N.Y.S.2d 860 [Sup Ct, Essex County 2008].) These courts rely upon the definition of "home loan" in RPAPL §1304, which necessarily is applied at the time the [***20] loan is obtained and necessarily speaks of intention and future occupancy, buttressed by an assumed legislative intent "to remove owners of investment properties or second homes from the ambit of the statute, not to require a homeowner to remain at the mortgaged premises even as a foreclosure action is being prepared or pending." (See One West Bank, FSB v Greenhut, 36 Misc 3d 1205[A], 2012 NY Slip Op 51197[U], *** 4; Accredited Home Lenders, Inc. v Hughes, 22 Misc 3d at 326-27.) The language of CPLR 3408 (a) itself is not examined.
"[T]he statutory text is the clearest indicator of legislative intent . . . If the terms of the statute are clear and unambiguous, the court should construe it so as to give effect to the plain meaning of the words used . . . The objective of the court in this regard is to discern and apply the will of the Legislature, not the court's own perception of what might be equitable." (Maraia v Orange Regional Med. Ctr., 63 AD3d 1113, 1116, 882 N.Y.S.2d 287 [2d Dept 2009] [internal quotation marks and citations omitted].)"
[*897] This Court can easily agree that the "plain language" of the definition of "home loan" found in RPAPL §1304, which requires that specified notices be given to the borrower prior to commencement of a foreclosure action, includes intention and future occupancy in the determination of residency. (See One West Bank, FSB v Greenhut, 36 Misc 3d 1205[A], 2012 NY Slip Op 51197[U], at *** 4 [***22] .) But the controlling language for present purposes is found in CPLR 3408, i.e., "in which the defendant is a resident of the property subject to foreclosure" (see CPLR 3408 [a] [emphasis added].) The quoted language qualifies the incorporated definition of "home loan," again determined at the time the mortgage is given, for purposes of a determination made after a foreclosure action is commenced as to whether a settlement conference should be mandated. The Legislature's presumed intent for that purpose might well be limited to attempting to keep people in their homes, which is not furthered by diverting limited resources to people who, for reasons unrelated to the foreclosure, are no longer, or perhaps never were, "a resident" of the property.
"Every affidavit for an exemption from a conference made pursuant to CPLR 3408 and RPAPL 1304 must specify the grounds for same and provide supporting documentation and affidavits from persons with direct knowledge. Where the claim is that the borrower is not living in the subject house, then an affidavit [***23] of investigation substantiating this allegation must be appended which states inter alia that the borrower is not living in the house and that no action by the mortgagee or its agents procured same. This affidavit shall be included in the motion for a Judgment of Foreclosure and Sale."
The words, "is not living in the subject house" does not appear to this Court to be in any way ambiguous, and is consistent with the statutory language, "is a resident of the property."
The meaning of "residency" for purposes of CPLR 3408 (a) must yet be determined. In this case, however, that determination would be unnecessary were the Court to accept Special Referee Goldstein's alternative contention that Plaintiff's failure to submit affidavits and [**756] documentation that would comply with the just-quoted rule in effect waived any claim that CPLR 3408 (f) [*898] does not apply; or that Plaintiff is judicially "estopped" from challenging the application of CPLR 3408 (f) by reason of Plaintiff's participation in foreclosure settlement conference proceedings.
The Court finds and concludes that the record is sufficient to support the finding of Special Referee Goldstein that a settlement [*899] conference was required in this action pursuant to CPLR 3408 (a), such that the parties were each under an obligation pursuant to CPLR 3408 (f) to "negotiate in good faith to reach a mutually agreeable [***26] resolution," whether the evidentiary burden on the issue is placed on the plaintiff/mortgagee, as other courts have done (see One West Bank, FSB v Greenhut, 36 Misc 3d 1205[A], 2012 NY Slip Op 51197[U], at *** 3), or upon the defendant/mortgagor, who might be in a better position to produce material evidence.
Defendant McKenna submitted his own affidavit, asserting that in March 2007, after separating from his wife, he purchased the mortgaged property at 448 Decatur Street in Brooklyn. He had lived with his wife at 65 Ontario Road in Bellerose. The Decatur Street property is a three-unit [***27] residential building, which Mr. McKenna purchased subject to existing tenancies in all units. He asserts that, although he "always intended to move into the first floor apartment" (see affidavit ¶ 4), he did not obtain possession of the apartment until December 2008. After making extensive necessary repairs, he moved into the first floor unit in January 2009, approximately three months prior to commencement of this action. From November 2009 through November 2010, he spent weekends with his wife at the Bellerose house, "with the goal of reconciling our differences," and moved back into the Bellerose house in December 2010. Mr. McKenna also submitted copies of his federal tax returns for 2009 and 2010, and his state tax return for 2010, each of which shows his address at the Decatur Street property.
Considering "residency" as a component of the definition of "home loan," there is no evidence in the record to contradict defendant McKenna that, at the time the loan was obtained, the mortgaged property was "intended to be used or occupied wholly or partly, as [his] home or residence . . . and [would] be occupied by [him] as [his] principal dwelling" (see RPAPL §1304  [a] [iii].) The tax returns and W-2 statements for 2007 and 2008 merely confirm what Mr. McKenna acknowledges, i.e., that he did not occupy the Decatur Street building until December 2008. There is no evidence to contradict Mr. McKenna's assertions in explanation about his inability to obtain possession [***29] from the tenants and the necessity of repairs. Special Referee Goldstein was entitled to accept Mr. McKenna's testimony on these matters.
Considering "residency" at the time of commencement of the action, the only evidence that would undermine defendant McKenna's assertions that he occupied the Decatur Street building from January 2009 until December 2010, except for weekends during the period November 2009 through November 2010, are the bank and earnings statements that show the Ontario Road address. Mr. McKenna offered an explanation [**758] that is plausible on its face, particularly in light of his weekend access to mail at that address, and Special Referee Goldstein was entitled to credit it.
Although evidence on these matters would be more available to defendant McKenna, and there was no formal disclosure during the settlement conference proceedings, Mr. McKenna provided documentation at Plaintiff's request. Plaintiff does not assert that it was in any way hindered in obtaining information on these matters from Mr. McKenna. If a mortgagee applies for an "exemption" from settlement conference proceedings on the ground that the mortgagor is "not living in the subject house," it is required [***30] to submit "an affidavit of investigation substantiating this allegation." (See Kings County Local [*901] Rules, Part F .) No less should be required here. The process server's conversation with a person at a neighboring address in Bellerose does not qualify.
May 2011. Special Referee Goldstein was given sufficient opportunity to assess Mr. McKenna's credibility.
The only remaining question on this point is whether Mr. McKenna's departure from the Decatur Street building in December 2010 to reconcile with his wife, which he readily acknowledges, affects the "good faith" obligation imposed by CPLR 3408 (f). The short answer would be that the determination of residency for purposes of CPLR 3408 (a) is made at the commencement of the action, and there is nothing in the statute to suggest that it is subject to re-determination. (See One West Bank, FSB v Greenhut, 36 Misc 3d 1205[A], 2012 NY Slip Op 51197[U], at *** 4; Accredited Home Lenders, Inc. v Hughes, 22 Misc 3d at 326-27.) [***31] In this case, moreover, the Special Referee's Report and Recommendation dated July 8, 2011 relies only on events prior to December 2010 as the basis for the Special Referee's determination that Plaintiff did not negotiate in good faith.
"During more than thirteen (13) settlement conferences, the Presumed Foreclosing Parties have failed to offer a reasonable explanation for their failure to accept the short sale offers and proceed with a reasonable alternative to foreclosure for all parties involved. In addition, the Presumed Foreclosing Parties' utter disregard for the Legislature's clear directive that in mandatory foreclosure settlement conferences [b]oth the plaintiff and defendant shall negotiate in good faith to reach a mutually agreeable resolution . . . if possible' should not be condoned. N.Y.C.P.L.R. §3408 (f)."
As Special Referee Goldstein explained elsewhere, the designation "Presumed Foreclosing Parties" reflects her uncertainty as to the real party in interest and the authority of [*902] the persons who appeared for Plaintiff during settlement conference proceedings. For present [***32] purposes, however, there is no contention that Plaintiff is not fully bound by the conduct of those who appeared on its behalf.
It appears that, from the beginning of the settlement [***33] conference proceedings, the only resolution seriously contemplated by the parties was a short sale. Defendant McKenna listed the property in the summer of 2009, with an asking price of $499,000. As stated by the Special Referee, in July Mr. McKenna accepted an all cash offer of $325,000, which was the best offer received. In September, Plaintiff obtained an appraisal of the property, which showed a "quick sale" value of the property at $315,000 and an "as is" market value of $350,000. The appraisal report noted that the real estate market in the area of Brooklyn in which the Decatur Street property is located was "oversaturrated and prices [were] falling sharply." Plaintiff rejected the $325,000 contract and counter-offered at $340,000.
In December 2009, defendant McKenna presented Plaintiff with a second short-sale contract, this one from a different prospective buyer, at the $340,000 price demanded by Plaintiff. In the interim, Mr. McKenna had made repairs to the property, including a new boiler, totaling $15,000. The review process that followed included a further appraisal of the property in June 2010, six months later, that appraised the property at $412,000.
Special Referee Goldstein's Report and Recommendation includes as exhibits copies of the September 2009, June 2010, and October 2010 appraisal reports. Other than the "directive" dated August 19, 2010, the appraisals are the only exhibits.
At a scheduled hearing before this Court, the parties were invited to respond to the findings and determinations of Special Referee Goldstein, and both parties did so. As will appear, however, to the extent that the parties' respective submissions include factual [***35] assertions or documents that are not included or addressed in the Report and Recommendation, the evidentiary significance is suspect.
Defendant McKenna responded with a letter from his counsel, John E. Petiton, Esq., that contains factual assertions that are not affirmed to be true (see CPLR 2106.) Of some note, Mr. Petiton states that in May 2011 a fourth appraisal of the subject property, obtained by Mr. McKenna, valued the property at $355,000. [**760] Plaintiff's counsel acknowledges having received a copy of that appraisal at a May 25, 2011 conference. Neither party submits a copy of the appraisal, which is not referred to in Special Referee Goldstein's Report and Recommendation. As noted above, the Special Referee's findings and determinations as to Plaintiff's lack of good faith are based upon conduct through December 2010.
It is also not clear whether the plaintiff/mortgagee or the defendant/mortgagor bears the evidentiary burden on the issue of good faith where it is required by CPLR 3408 (f). (See One West Bank, FSB v Greenhut, 36 Misc 3d 1205[A], 2012 NY Slip Op 51197[U], at *** 7] [defendant/mortgagor]; Deutsche Bank Trust Co. of Am. v Davis, 32 Misc 3d 1210[A], 2011 NY Slip Op 51238[U], at * 2 [plaintiff/mortgagee].) It appears to this Court, however, that, assuming fair access to material evidence on the issue, the burden should be placed on the party who seeks some judicial consequence from the determination, which in most cases would likely be the defendant/mortgagor.
as part of general court-ordered mediation programs, do not necessarily apply to limit the meaning of "good faith" where, as here, imposed to achieve a particular statutory purpose.
[*909] [**764] Here, is not disputed that in August 2009 defendant McKenna presented Plaintiff [***47] with the first of two proposed short-sale contracts. The Court notes that Plaintiff disputes the Special Referee's statement that the proposed purchase price was $325,000, and that the Residential Contract of Sale dated July 6, 2009 states a purchase price of $300,000; but also notes that a rider to that contract refers to a purchase price of $325,000. In any event, after appropriate deductions from the purchase price, Plaintiff would have received $249,600 of a $300,000 purchase price, which Plaintiff "deemed insufficient to yield Plaintiff a reasonable percentage of fair market value" (see affidavit of Jessica Jones ¶¶ 11, 13). The first proposal was promptly rejected.
"Plaintiff advised Defendant that a purchase amount of $340,000 would be needed to approve the sale of the Property at that time." (See id.) At a settlement conference on November 16, 2009, "Defendant's counsel advised Plaintiff's counsel that he had submitted a short sale offer for $340,000.00." (See affirmation of Michael Jablonski, Esq. ¶ 7.) This second short-sale proposal, with a different prospective purchaser, is reflected in a Residential Contract of Sale dated December 1, 2009, and was also an "all cash" transaction. By the end of 2009, therefore, defendant McKenna had in hand a contract for sale of the property at the amount demanded by Plaintiff, which was $25,000 more than the "quick sale" [***49] appraisal value and only $10,000 less that full appraised market value.
It is important to note at this point that defendant McKenna's procurement of a contract for purchase of the mortgaged [*910] property at the price demanded by Plaintiff obviates consideration of the facts that would otherwise be assessed and weighed in determining whether Plaintiff lacked good faith in refusing to approve a short sale. Those factors would include the amount of the outstanding indebtness, which here, according to Special Referee Goldstein, was $684,000 at the time of the first settlement conference; the likely movement of the market, which here, according to the September 2009 appraisal, was sharply declining; and the likelihood of a greater yield through a private short sale than through a public foreclosure auction, considering both the expense and time associated with each. Neither Special Referee Goldstein nor either of the parties addresses this last factor.
The Court has little difficulty concluding that, unless there is a good reason for the second proposed short-sale transaction not to have been formally approved by Plaintiff and consummated, there is sufficient support in the record to support [***50] Special [**765] Referee Goldstein's determination that Plaintiff did not "negotiate in good faith to reach a mutually agreeable resolution" (see CPLR 3408 [f].) Nor, given the circumstances existing at the end of 2009, does the Court hesitate in placing the burden on Plaintiff to come forward with evidence of a good reason.
There is no doubt that after submission on January 13, 2010 of the second proposed short sale contract "along with a financial package" (see affirmation of Michael Jablonski, Esq. ¶ 7), the review and approval process sputtered and stalled. Special Referee Goldstein acknowledges in her Report and Recommendation that some delay during the first six months of 2010 was attributable to the newly promulgated HAFA program, with requirements for "the homeowner's submission of additional paperwork on official Fannie Mae Treasury forms."
Nonetheless, Special Referee Goldstein describes a "prolonged," and "protracted short sale review," during which Plaintiff "demanded multiple submissions of documents from the defense, unnecessarily insisted on two additional appraisals over the course of months," and was "unable to support the basis for the delays in the extended review of the short [***51] sale contracts presented fro [sic] approval . . . and the basis of the increasing appraisals in the declining market in mid-2010." Plaintiff disclaims any responsibility for the delay, which it suggests belongs to defendant McKenna and Special Referee Goldstein.
The June 2010 appraisal assigned an "As Is Quick Sale" value to the property of $325,000, and an "As Is Market Value" of $412,000. The proposed "all cash" short-sale contract price of $340,000, [***52] therefore, exceeded the "quick sale" value, and was only $10,200 less than the amount obtained by applying Ms. Jones's 85% yield requirement to the $412,000 market value, i.e., $350,200. The Court also notes Special Referee Goldstein's finding that, after the September 2009 appraisal, defendant McKenna spent $15,000 in repairs to the property.
her August 19, 2010 "directive," Special Referee Goldstein states that Plaintiff "approved short sale w/ all cash buyer [at] price BPO quoted by bank representative, Justin Pagel," but Plaintiff "has failed to allow short sale to proceed since 6/10 approval by bank."
The October 2010 appraisal assessed the market value of the property at $520,000. Nothing in the record explains the more [*912] than 26% increase in appraised market value during the four months from June 2010, when the property was said to have an "As Is Market Value" of $412,000, particularly in light of the statement in the June 2010 appraisal report, "Property Value Trend, because of higher lending standards, prices has [sic] declined."
The Court finds no good reason in the record for Plaintiff's failure to approve the second proposed short-sale contract, calling for an "all cash" purchase price of $340,000, so as to result in a transfer of title no later than February 28, 2010. In consequence, the Court finds sufficient support in the record for Special Referee Goldstein's determination that Plaintiff failed to "negotiate in good faith" (see CPLR 3408 [f]) with respect to defendant McKenna's second proposed short sale in failing to promptly approve the sale, in unnecessarily prolonging and delaying the review and approval process, and in obtaining successive appraisals that became the basis for increased demands, all without any showing that its conduct was likely to yield a higher net return through a delayed foreclosure sale.
Remedy for Failure to Negotiate in "Good Faith"
"(a) barring Plaintiff from collecting from Defendant any attorney's fees or other legal costs incurred [***55] as a result of this action; (b) awarding Defendant reasonable attorney's fees and other legal costs and disbursements associated with its participation in foreclosure conferencing; and (c) barring Plaintiff from collecting from Defendant any interest accrued on the loan since September 2009."
In the absence of any notice to Plaintiff that any additional or different remedy might be imposed (see IndyMac, F.S.B. v Yano-Horoski, 78 AD3d at 896), and the novelty of the issues raised by the Special Referee's Report and Recommendation, the [*913] Court will limit its consideration of remedy to those recommended by the Special Referee.
[*914] It seems beyond argument that breach of a statutorily-imposed duty - -here, the duty to negotiate in good faith of CPLR 3408 (f), is wrongful conduct sufficient to affect the discretionary award of interest, as well as of a nature to warrant relieving a mortgagor of some consequence of default, although apparently not to the extent of cancellation of the loan and mortgage (see IndyMac Bank, F.S.B. v Yano-Horoski, 78 AD3d at 896.) [***58] Likewise, it would appear indisputable that discretion and equity require that the appropriateness of the remedy be determined by the nature and effect of the breach.
Where, as here, the mortgagee's lack of good faith consists of the failure to promptly approve and facilitate a short sale at the price demanded by the mortgagee, with the result that the sale is lost, a denial of interest from the date of the mortgagor's default fits the mortgagee's breach. Indeed, since the consummated short sale would have relieved the mortgagor of any further responsibility for the debt, even a denial of interest from the date of default does not fully compensate the mortgagor for the consequences of the mortgagee's breach.
Assuming that a reference may even be made for the purpose of Part 130, no such reference was made here. Although the Court may sanction frivolous conduct "upon the court's own initiative, after a reasonable opportunity to be heard" (see [**769] 22 NYCRR §130-1.1 [d]), the Court declines to do so here, where none of the conduct upon which a sanction order would be based took place before the Court. If so advised, defendant McKenna may move for the imposition of a Part 130 sanction.
In sum, the Court determines that in mandated settlement conference proceedings (see CPLR 3408 [a]) Plaintiff failed to negotiate "in good faith to reach a mutually agreeable resolution" (see CPLR 3408 [f]), and as a consequence Plaintiff may not recover interest on the subject note and mortgage from the date of the mortgagor's alleged default.


This bracelet is made from Sterling silver which has been reticulated to give it a textured surface. Reticulation is a method of producing a surface which is ridged and wavy and looks like the moons surface. It is made by a heat process which produces pieces that are one of a kind.
An Sterling silver extension chain closes this bracelet and a small daisy charm.


text:
import Ajv from 'ajv';
import defineKeywords = require('ajv-keywords');

let ajv = new Ajv();
ajv = defineKeywords(ajv);

redpajama_set_name: RedPajamaGithub