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New York Governor Andrew Cuomo on September 25, 2012 directed the New York Department of Motor Vehicles (DMV) to enforce stricter drunken-driving sanctions for those convicted of driving while under the influence. The DMV estimates this will cause 20,000 drivers to have their licenses permanently revoked or delayed in 2012. The new penalties were adopted…
After one of her rescue dogs gave birth to nine puppies, which resulted in fifteen dogs and a cat living at her New York residence, Plaintiff tried unsuccessfully to find homes for the puppies. Upon seeing the dogs’ living conditions, many prospective buyers reported the Plaintiff to the authorities. According to these witnesses, some of…
A New York State Supreme Court judge has cut a homeowner’s mortgage principal nearly in half. The court, finding that the bank had deliberately acted in bad faith while prosecuting the foreclosure over 34 months, ordered it to pay $200,000 in damages to the homeowner. The award will be applied to the $493,219 principal owed…
I am chairman of the Clarence Rotary Porsche Raffle again this year. The Clarence Rotary Club Foundation will give away a 2013 Porsche Boxster, Porsche Cayenne or $40,000 cash on August 8, 2012. Ten $500 prizes will also be awarded. Only 3600 tickets will be sold. The raffle drawing gala will consist of a cruise…
New York landlords and those looking to become landlords can prevent costly mistakes by taking the following preventive measures: Attend landlord seminars at community education programs and property owners’ associations to learn your rights and responsibilities. Educate yourself about housing discrimination laws – ignorance is no excuse. Find an attorney who has experience with landlord/tenant…
Over the past year, you may have heard about New York Medicaid recovery against a deceased nursing home patient’s jointly held property, retained life estates and interests in trusts. In 2011, New York legislation, administrative directives and emergency regulations expanded the definition of the “estate” that was subject to recovery by Medicaid (EER). That law…
Yes. In addition to the ADA provisions about service dogs, there are separate provisions about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100…
No and in addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals. If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by…
If the dog is out of control and the handler does not take effective action to control it or the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the…
No. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, such as in a school classroom or at…