Former Fox News Anchor Ed Henry Files Defamation Lawsuit Against Network
|FILE - In this Dec. 12, 2018, file photo, attorney Michael Avenatti, speaks outside |
court in New York. (AP Photo/Julio Cortez, File) The Associated Press
|Then-Republican candidate Dave Yost gives his victory speech after winning the Ohio Attorney General race at the Ohio Republican Party's election night party at the Sheraton Capitol Square in Columbus, Ohio, on Nov. 6, 2018. (Justin Merriman/Getty Images)|
Plaintiffs neither sufficiently alleged they were discriminated against because of their disabilities, nor that they sought reasonable accommodations which were denied because of their disabilities. The court dismissed plaintiffs' disparate impact and reasonable accommodation claims under the ADA and RA. Plaintiffs lost their case because, the Court ruled, "...the plaintiffs’ contention that Title III or Section 504 requires QACC to provide different and additional services than it allegedly currently provides would not appear to be an issue that Title III or Section 504 was meant to regulate."
Schoengood v. Hofgur LLC
Disabled Assisted Living Residents Do Not State ADA, RA Claims Against Facility Over Covid
Case Digest Summary
Defendants operate the Queens Adult Care Center. Plaintiffs, disabled QACC residents, alleged defendants violated the Americans with Disabilities Act and Rehabilitation Act by not complying with regulations and guidelines issued by the Centers for Disease Control and Prevention and the Department of Health and Human Services Centers for Medicare and Medicaid Services, thus leading to a rapid increase in Covid-19 cases at QACC. They claimed defendants permitted substandard conditions at QACC during the pandemic. Plaintiffs neither sufficiently alleged they were discriminated against because of their disabilities, nor that they sought reasonable accommodations which were denied because of their disabilities. The court dismissed plaintiffs' disparate impact and reasonable accommodation claims under the ADA and RA. Finding amendment futile, it ordered plaintiffs' case closed. Plaintiffs did not show that defendants' facially neutral acts or practices caused significantly adverse or disproportionate impact to either residents in defendants' assisted living programs, or psychiatric residents.
|Speaker Carl Heastie and Gov. Andrew Cuomo|
In New York State, did anyone really believe that Governor Andrew Cuomo, son of former Gov. Mario Cuomo, would be held accountable for any of his actions, including sexual harassment of women who worked for him?Reporter who covered Cuomo for years recounts governor's 'checkered, bullying, spiteful' past
Editor, ADVOCATZ blog
Editor, New York Court Corruption
Editor, NYC Rubber Room Reporter
Editor, NYC Public Voice
Editor, National Public Voice
Editor, Inside 3020-a Teacher Trials
The charges against Gov. Andrew Cuomo won’t be real until Speaker Carl Heastie says they are.
Assemblyman Charles Lavine, who’s nominally in charge of the supposed Cuomo impeachment inquiry, admitted last week that there’s no end anywhere in sight. Nor will there be, until Speaker Carl Heastie decides he wants it.
At just the third Judiciary Committee meeting to even pretend to address the issue since the ball supposedly started rolling in March, Lavine merely announced that the $250,000 for outside lawyers at Davis Polk & Wardwell is just the start; the Assembly will spend as much “as needed” on its investigation.
Meanwhile, The Post’s Bernadette Hogan reported that Heastie dutifully played middleman when Gov. Andrew Cuomo wanted Assemblyman Ron Kim to walk back his truth-telling about the admission by top Cuomo aide Melissa DeRosa that Team Cuomo had intentionally kept legislators in the dark about the true COVID death toll in state nursing homes.
At the gov’s behest, Heastie had an aide “relay” Cuomo’s request that Kim deny what he’d already told the press. “I came to the conclusion that if I put out this statement, that I would be complicit in the coverup,” Kim told The Post.
And Heastie had his staff convey that invitation to help deceive the public, not the first time he’s had staff relay the gov’s threats.
So it stands to reason the Assembly’s impeachment probe won’t get very far until Cuomo tells Heastie it’s time to wrap it up. And, sadly, all Cuomo has to do in return is let the speaker have his way with public policy — the public interest be damned.
Pretty sordid, isn’t it, that even the effort to hold a governor to account for horrific abuse of his office is just grist for another corrupt bargain?
Recommendations from the Special Adviser on Equal Justice in the Courts
From: National Public Voice
By Rachel Vick, Queenseagle.com, May 17, 2021
Just six months after the release of a report outlining racism in the state’s court system, leaders shared an update on the steps they are taking to eliminate system-wide bias.
The dozen recommendations made by the Special Adviser on Equal Justice in the Courts, former U.S. Secretary of Homeland Security Jeh Johnson, were issued in October 2020 to mitigate pervasive racism within the courts by declaring a zero-tolerance policy and implementing bias training.
“There is no greater priority for the court system than the implementation of the Special Adviser's recommendations,” Chief Administrative Judge Marks said on Monday. “I am gratified by the significant progress made these past few months and look forward to further developments in our pursuit to combat racial and other bias systemwide.”
Marks described the task force’s ongoing efforts as a “critically-important undertaking” and “a wide-ranging endeavor that relies on the collaboration and support” from all parties involved.
To date, the courts have taken steps including improving high ranking court official’s outreach, mandatory training for all judges and nonjudicial staff on racial bias and implicit bias, mandatory name tags for court personnel, updating the court system’s juror orientation video to address juror bias, increasing visibility of the Franklin H. Williams Judicial Commission and Office of Diversity and Inclusion, increasing language access and the inclusion of diversity in a new Unified Court System mission statement.
“In the service of our mission, the UCS is committed to operating with integrity and transparency, and to ensuring that all who enter or serve in our courts are treated with respect, dignity, and professionalism,” the new statement reads. “We affirm our responsibility to promote a court system free from any and all forms of bias and discrimination, and to promote a judiciary and workforce that reflect the rich diversity of New York State.”
They are also working to increase awareness of the Inspector General’s office, including its Bias Matters Unit, where court system employees and court users can file complaints, and increase access through an intermediary.
Judge Edwina Mendelson, who is overseeing the overhaul, is launching a website to highlight the vision and ongoing work of the Equal Justice in the Court's Initiative in the coming weeks. She is also in the process of organizing court officer community outreach programs and a community affairs appointee in each courthouse to improve public trust.
“It is a professional and personal privilege for me to oversee implementation of the Special Adviser’s recommendations for eliminating racial bias in the courts and promoting meaningful diversity, equity, and inclusion at all levels,” Mendelssohn said. “I have deep faith in the strength of our commitment and a strong belief in our collective will to meet this moment – and to fulfill our obligation to provide equal justice in all our courts.”
|Judge Brian Dennis|