Governor Paterson Announces New State Website on Federal Health Care Reform and Implementation

New York Governor David A. Paterson announced on July 8, 2010, the launch of a new State website on Federal health care reform. Several reforms take effect this summer, including a temporary high risk pool for people with medical conditions that are expensive to treat, an early retiree reinsurance program that will help offset the cost of providing health insurance to retirees age 55 and over who are not eligible for Medicare, and the mailing of rebate checks to Medicare Part D enrollees who reach the “donut hole” coverage gap.

The website – – includes descriptions of health care … Read the rest

Governor Paterson Announces $150 Million Available for Long-Term Care Alternatives to Nursing Homes

The dreaded day when a family realizes that their loved one can no longer be cared for in their home, even with assistance, and must be confined to a nursing home will hopefully become less common and traumatic. Earlier this month Governor David A. Paterson announced that New York State will fund up to $150 million in projects to help communities develop alternatives to traditional nursing homes.

The primary goal of this procurement is to help communities organize, finance and develop care alternatives by coordinating a variety of licensed residential programs in the development of residential options. It is hoped … Read the rest

NHSTA Reminds Parents and Caregivers Never to Leave Children Alone in Cars

Hyperthermia (heat-stroke) is the leading cause of non-crash vehicle deaths for children under the age of fourteen. The National Highway Traffic Safety Administration (NHTSA) has found at least 27 documented deaths per year. NHTSA research shows the risk of a serious injury or death during hot weather is heightened for children left alone in vehicles. The hot summer weve been having makes more pertinent the Consumer Advisory the NHTSA issued to remind parents and caregivers that summer heat can make it especially dangerous to leave children in cars.

The Consumer Advisory contains safety tips from NHTSA to prevent hyperthermia. These … Read the rest

New York Continues to Pass New Laws to Assist in the Prosecution, Conviction and Punishment of Drunk Drivers

New legislation that will immediately permit the introduction into evidence blood drawn by certified nurse practioners and advance emergency medical technicians without direct physician supervision from motorists who are suspected of driving under the influence of drugs or alcohol was signed earlier this week by Governor David A. Paterson. Police officers will not be permitted to draw the blood themselves.

Under the prior law, if a police officer asked medical personnel to draw blood from a suspected drunk or impaired driver following a collision, and a physician did not directly supervise the procedure, the evidence was inadmissible. The prior law … Read the rest

Insurance Companies Attempt to Avoid Coverage for Mother of Murderer Fails

In August of 2006, Evan Marshall, who lived with his mother in a gated community in Glen Cove, New York, dismembered and decapitated his neighbor, Denice Fox, a retired schoolteacher who lived across the street. Marshall took her remains to his mothers home and dismembered them, stashing the body parts, along with two knives, in basement trash cans.

He was arrested the next day as he pulled into his mothers driveway. Mrs. Foxs head was later found in the trunk of that vehicle. Marshall pleaded guilty to murder, assault and other charges, saying he was in search of money for … Read the rest

NYC Building Code Does Not Make Landowner Absolutely Liable for Damage to Adjacent Structure Caused By Excavation

Earlier this year the New York City Department of Buildings had a No-Penalty Retaining Wall Inspection Program, in which homeowners could call 311 to request an inspection of their retaining wall without the penalty of violations.

Retaining walls are important because they are designed to hold back soil that would move to a more natural slope or incline if the wall was not in place. Were that to occur, damage could be sustained not only to the building’s foundation, but to the foundation of an adjacent property. Additionally, there is a potential for injury or even death where construction work … Read the rest

Should Google Be Held Responsible For Allegedly Giving Out Bad Directions To A Woman Who Was Hit By a Vehicle?

In the early days of our blog, one of our earliest posts concerned a man who (unsuccessfully) sued his dry cleaners for $54 million for supposed consumer abuse for losing his suit pants and attempting to replace them with a different, cheaper pair that did not belong to him. Now a woman is suing Google because, after using her Blackberry to Google walking directions for a trip in Park City, Utah, she claims she was led onto a busy highway, where she was struck by a vehicle.

She is suing the driver of the vehicle and Google for damages in … Read the rest

National Highway Traffic Safety Administration Issues Consumer Advisory for a Safe Summer Driving Season

Concerns about poor safety decisions behind the wheel and not paying attention to vehicle maintenance have prompted the National Highway Traffic Safety Administration (NHTSA) to issue a consumer advisory, including a list of the NHTSAS top safety tips for summer. The major concerns are distracted driving and improper tire inflation.

Distraction is such a big problem that there is a website devoted to it: The top tips are: Never leave children unattended in or near a vehicle, especially in hot weather when the temperatures inside a car can rapidly climb to deadly levels. Parents should make sure you know … Read the rest

NYC Buildings Commissioner Launches No-Penalty Deck And Porch Inspection Program

Every homeowner is required by law to maintain their decks and their properties in a safe condition at all times. To prevent accidents from occurring, on June 21, 2010 the New York City Buildings Department launched the No-Penalty Deck and Porch Inspection Program, an initiative to help property owners throughout the City ensure their decks and porches are structurally sound and in compliance with City regulations.

Under the program, there is no risk or violation for the initial visit by the Department. In the event that repairs are needed, or unsafe conditions that do not present an imminent danger are … Read the rest

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