Court reverses decision on property-tax penalty for Staten Island ...

STATEN ISLAND, N.Y. - A Staten Island judge overreached when he ordered two veteran builders to reimburse a pair of homebuyers who were ineligible for property-tax breaks, an appellate court has ruled.

Two years ago, Supervising Judge Philip S. Straniere of Richmond County Civil Court in West Brighton directed Victor Freudman and Nasser Yaghoobzadeh and their firm, the defunct Smyrna Building Corp., to shell out $12,651 to Joseph and Belle Miranda. They also were told to pay $10,993 to Steven and Chana Cilento.

Straniere ruled, after trial, that the builders had violated the General Business Law by telling the buyers they were eligible for property-tax abatements, when it turned out they were not.

However, the Appellate Division, Second Department, unanimously reversed Straniere's decision, ruling the buyers had not alleged General Business Law violations, and Straniere shouldn't have applied them.

The Mirandas and the Cilentos bought new homes in 1997 on Drumgoole Road West and Smyrna Avenue, respectively, on the Annadale-Eltingville border. They purchased the homes based on the builders' assurances they'd receive tax breaks.

Howard M. File, the builders' lawyer, previously told the Advance his clients received a certificate from the city Department of Housing Preservation and Development (HPD) several months after the closings, stating the properties were eligible for tax abatement. The cash break was to be phased in over eight years, but the city Finance Department refused to apply it.

"The city changed its position after the fact, unbeknownst to the builders," said File then.

Neither the buyers nor the builders produced documentation from HPD or Finance explaining why the abatements were denied, Straniere wrote in his original decision.

The properties, which originally comprised one tax lot, had been classified as commercial, according to court documents and John Z. Marangos, who represented the buyers at the Civil Court trial. An office building and parking area on the land were subsequently demolished in 1995.

To qualify for a residential tax abatement, the lot had to remain vacant for more than a year after the razing and be reclassified as vacant residential land. It was not.

Freudman and Yaghoobzadeh contended they were unaware of that rule when they sold the property to the Mirandas and Cilentos. They maintained they had followed through and filed for the abatements in good faith.

Straniere said the duo should have known better.

He said he was "shocked and dismayed" that two veteran builders with 30 years' experience in constructing and selling homes had tried to "stick" unsuspecting buyers. The judge said they should have offered to adjust the homes' purchase price or refund some money to the buyers.

Court papers said the Mirandas dished out $24,268 in property taxes between July 1, 1997, and June 30, 2005. They would have paid only $12,042, had the abatement been in effect, those documents stated.

The Cilentos paid $15,671 in real-estate taxes before selling their home in 2004. Straniere calculated their loss at $10,568, plus the $425 fee each couple paid Smyrna to file for the tax abatements.

The buyers alleged fraud and negligent representation, and Straniere ruled after trial that they failed to establish those charges, according to the appellate court. Nevertheless, he found "in the interest of just[ice]" that the builders had violated the General Business Law, according to the appellate court.

The higher court, however, said the buyers made no such claim, nor did they allege the builders had misrepresented "members of the public generally," a necessary element to bring a General Business Law claim.

File, the builders' lawyer, said last week the appellate court had "properly" dismissed the suit.

"The higher court found there was no fraud committed by these builders," said File.

The Mirandas' lawyer, Allyn J. Crawford, of Bloomfield, declined comment on the ruling.

The Cilentos' attorney, Ricardo R. Morel, of Queens, did not return a phone call seeking comment. ?

Source: http://www.silive.com/news/index.ssf/2012/10/court_reverses_decision_on_pro.html

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94% The Sessions

All Critics (68) | Top Critics (24) | Fresh (64) | Rotten (4)

The movie is so clammily sensitive and tame that it stifles any strong response.

A sentimental, feel-good romance about pity sex.

The Sessions is bracing. It's also one of the few movies to recognize that people with severe physical disabilities have sexual lives, too.

A sweet but minor fictional parable about the strange possibilities of love.

A movie like this is really built around a performance, and John Hawkes - so powerfully evil in "Winter's Bone" and "Martha Marcy May Marlene" - carries the film.

"The Sessions'' treats intimacy with an explicitness and honesty that's very rare in movies.

Another dynamite vehicle for John Hawkes, in which Lewin's affecting script overcomes his pedestrian direction.

Skilled direction, a talented cast and a simple but elegant story will garner a lot of sympathy from its targeted, more mature audience.

It offers a relatable depiction of the powers of a positive mental attitude and perseverance in spite of horrendously bad luck. And some Oscar-caliber acting, to boot.

An incredibly low-key and feel-good adult movie about sex that's much funnier than most people are probably expecting, highlighted by a pair of Oscar-caliber performances by its two leads.

A frank exploration of sex and disability, The Sessions compensates for a minor structural misstep with an acute ear for tone and stellar performances throughout.

The bottom line here is that yes, a movie about a physically disabled man makes for one of the sexiest date nights of the year. Unless you're allergic to over-20s.

With Ben Lewin's film The Sessions, Hawkes is given the biggest and juiciest leading role of his career, and he pulls it off with remarkable grace and humor.

Less dreary than uplifting, The Surrogate succeeds as a light romance with heavy material.

The movie methodically punts each time it comes across anything interesting.

The Sessions is a magnificent film. This tale of a profoundly disabled man's sexual awaking is not only a genuine crowd pleaser , but it also gives a cinematic voice to the marginalized.

Mature but deeply powerful look at sex and the disabled.

Award-worthy performances from John Hawkes, Helen Hunt and William H. Macy.

This warm, witty, sensuous and quite wonderful study of a disabled artist terrifically avoids any "triumph of the human spirit" sentimentality.

The core of the move -- specifically the sessions between Mark and Cheryl -- is quite good.

More Critic Reviews

Source: http://www.rottentomatoes.com/m/the_sessions/

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Berdych beats Tsonga in 3 sets to win in Stockholm - Herald Online

Czech Republic's Tomas Berdych celebrates after winning the ATP Stockholm Open tennis final match against France's Jo-Wilfried Tsonga at the Royal Tennis Hall in Stockholm, Sweden, Sunday, Oct. 21, 2012. (AP Photo/Scanpix Sweden, Soren Andersson) SWEDEN OUT

Soren Andersson ? AP

STOCKHOLM ? Tomas Berdych won his second ATP title this year by rallying to beat top-seeded Jo-Wilfried Tsonga of France 4-6, 6-4, 6-4 in the Stockholm Open final on Sunday.

The sixth-ranked Czech saved seven of nine break-point chances in the hard-fought match to improve to 3-1 against Tsonga and add to his win in February in Montpellier, France. Berdych now has eight career titles - including winning more than one in a season for the first time.

"It feels pretty good ... this season has been really solid," Berdych said.

He saved a break point to hold serve for 5-4 in the deciding set. In the following game, Tsonga then saved two match points by hitting an ace and a winner but ultimately lost on a double fault.

"I just tried to stay positive until the end and tried to take points one by one," Berdych said. "I'm happy to turn it (the match) around, it makes the win even more special."

Berdych is aiming to make it into next month's London Finals, after which he will be part of the team to take on Spain in the Davis Cup final.

"To qualify into London is special, this is the one where you have to play well all year to get into the tournament. I'm hoping to make it for the third year in a row."

In the first set, thanks to some patient baseline play, Tsonga forced the hard-hitting Berdych into making mistakes and eventually broke the Czech to 3-2 on his fourth break point.

With some powerful serving and aggressive play, Tsonga went on to clinch the opening set 6-4.

He proceeded to break Berdych in the opening game of the second set, and then held his serve until 4-3. Berdych gradually found his groove and finally broke back to 4-4, then reeled off the next two games to take the set.

In a tight deciding set, both players fought off several break points, with both managing to hold serves until the 10th game, where Tsonga's serving finally let him down.

"I feel bad," said a disappointed Tsonga, the stronger player for a set and a half. "I think we played a great match and I had many opportunities. I did some wrong things, but I gave my best tennis and I lost, so I have nothing to regret."

Source: http://www.heraldonline.com/2012/10/21/4352298/berdych-beats-tsonga-in-3-sets.html

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How to kill time without staring at your phone

8 hrs.

Harry Sawyers , Gizmodo

Once upon a time, standing around and waiting involved exactly that: Standing around, waiting, and not doing much else. Today, any free moment is spent facedown in a phone. Stop reading this on your own phone. Right now. Look around. At this moment, you should be the only person, anywhere in sight, not looking at a phone.

But staring at that phone isn't the only way to wait. You can do other stuff. In fact, there are exactly six things you can do instead.

Make eye contact
People used to do this all the time. You could recognize a neighbor or share a moment with an attractive stranger. It can still happen???but you have to be careful. You don't want to be caught staring right at the moment that person looks up from his (or especially her) phone. Wait until the fleeting few seconds when this person looks away from the phone for some reason, then casually lock eyes. Smile! It will seem a lot less weird that way. When you get back online, this kind of encounter is a great thing to put on Craigslist as a Missed Connection.

Talk about the weather
This is a classic. If you're new at it, try some established introductory phrases.

• "This is some rain!"
• "Hot enough for ya?"
• "They say it's gonna turn cold tomorrow!"

For this to work, you'll need a little luck, because you have to find someone else who is also not looking at a phone. Otherwise, there's a data-filled weather app just a tap away. Not to mention that look:?Why are you talking to me, can't you see I'm looking at my phone?

Observe your surroundings
If you look up from your phone for long enough, you can notice amazing things happening all around you. A pigeon pecking at a pizza crust. A man pushing a shopping cart piled higher than his head. A grown woman weeping hysterically. That's real life! And it is stunning. Once you get back on your phone, all of these observations will make excellent tweets.

Find unusual patterns
This one is a bit of a brain teaser. Look over at that odd brick wall, or the hexagonal tile on the floor, or that way the ice cubes collect at the bottom of your glass. Gaze into these shapes. Watch them form new shapes. See the shapes begin to arrange themselves, rotating, and falling into position. So chaotic, yet so organized. You know what? This calls for a quick game of "Tetris."

See what other people are looking at on their phones
This is an endlessly fascinating sociological exercise, and it can also give you fresh ideas about what you could be doing on your own phone. A scouting report from a recent bus ride:

• Shiny gold case. Hot pink case. iPhone 5, no case.
• Cracked white iPhone 4 with an incoming call from "Daddy."
• Bedazzled lady playing "Bedazzled."
• Woman urgently speaking Spanish into a white Nokia with gold trim.
• Girl on an HTC, reading Gawker, followed by "A Farmer's Market, Deep in China."

You could also just read a book
But then you're not even thinking about looking at your phone. You're looking at your Kindle.

This is what I do, anyway???how do you kill time phone-free?

More from Gizmodo:

Opening photo: Four guys who really know how to look at phones. From left:?Jesus Diaz,?Matt Buchanan,?Sam Biddle, and?Matt Hardigree. Shot by?John Mahoney.

Source: http://www.nbcnews.com/technology/gadgetbox/how-kill-time-without-staring-your-phone-1C6583331

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Analysis: Romney has path to victory, but Obama still has slight edge

WASHINGTON (Reuters) - Suddenly, Republican Mitt Romney has a viable path to victory in the tight battle for the White House.

Democratic President Barack Obama still appears to have the upper hand in the state-by-state fight to cobble together the 270 electoral votes needed to win the presidency in the November 6 election.

But Romney's recent surge in the polls after his strong performance in his first debate with Obama on October 3 has propelled the Republican into the lead or within striking distance in enough states to give him a reasonable chance of beating Obama to the finish line.

Ohio, long seen as the key to unlocking the White House, looms large in every victory scenario for either candidate - particularly Romney. Until the last two weeks, polls did not show Romney with enough support in other crucial states to give him a clear path even if he won Ohio.

But he has that now, as the campaign enters its final two weeks with eight states in play as toss-ups.

"Before the first debate the electoral math looked like a real reach for Romney. Today, it looks quite possible," said Peter Brown, a pollster at Quinnipiac University.

"Ohio is the big unknown, and it's Romney's biggest obstacle," Brown said. "If Romney can win Ohio, he's likely to win the election."

The changing map has led Romney to make some shifts in strategy.

He began moving some staff from North Carolina, a one-time battleground where he now has a solid lead, to other swing states this week. The former Massachusetts governor's campaign also bolstered its television advertising in Iowa and Wisconsin, where polls indicate Obama has slim leads.

The RealClearPolitics average of polls gives Obama a lead of at least four percentage points in states that account for 237 electoral votes, while Romney enters the final stretch with an edge of that size in states that represent 206 electoral votes.

That leaves a reduced battlefield of eight toss-up states and 95 electoral votes, all won by Obama in the 2008 election - Colorado (9 electoral votes), Florida (29), Iowa (6), Nevada (6), New Hampshire (4), Ohio (18), Virginia (13) and Wisconsin (10).

In the last two weeks Romney has moved into a small lead or a virtual tie with Obama in Florida, Colorado, New Hampshire and Virginia, which together account for 55 electoral votes. A sweep of all four still would leave Romney nine electoral votes short of victory - a big reason why the race is boiling down to the battle in Ohio.

A win in Ohio would put Romney over the top and give him some margin of error to lose other states that are still in play. If he does not win Ohio, either Wisconsin or a combination of Nevada and Iowa still could be enough to win, although Obama, in addition to having slim leads in Wisconsin and Iowa, also leads in Nevada.

"Things have moved consistently in Romney's direction, but he still hasn't unlocked the gates to enough places yet," said pollster Thomas Riehle of YouGov, a market research company that is conducting polling in swing states. "Romney needs more good news before he's a safe bet to win."

LOOKING A LOT LIKE 2000, AND 2004

The tightening race has created many different scenarios, including the possibility that the Electoral College winner will not capture the most votes nationwide - similar to what happened in 2000, when Republican George W. Bush got more electoral votes than Democrat Al Gore, who received more of the popular vote.

The prominence of Ohio also has invoked memories of 2004, when Bush won re-election over Democrat John Kerry in the early hours of the morning after Election Day by a margin of less than 120,000 votes in the Midwestern state.

Both candidates are pouring time and resources into Ohio, where Obama has held a steady lead for months and now has an average poll advantage of more than 2 percentage points, according to RealClearPolitics.

HOLDING ON IN THE MIDWEST?

Romney, a wealthy former private equity executive who opposed the Obama-backed federal bailout of the auto industry, has struggled to connect with blue-collar voters in Ohio, where one in eight jobs is tied to the auto industry and the state unemployment rate is lower than the national average of 7.8 percent.

Iowa and Wisconsin, where RealClearPolitics puts Obama's average lead at between two and three percentage points, also have lower state unemployment rates than nationally.

Along with Ohio, they could give the Obama campaign a Midwestern stronghold of 34 electoral votes that protects him against potential losses elsewhere.

"As you look across the country, you are seeing the president is continuing to be very strong in the Midwest in places like Ohio, Iowa, Wisconsin," Obama campaign manager Jim Messina said. "I think we've held our support in the Midwest."

If Obama wins the states where he currently has comfortable leads and adds just those three Midwestern states, he would have 271 electoral votes - enough to be re-elected.

"Until we see something that suggests other states are in play, these Wisconsin, Iowa and Ohio numbers mean it's still a reach for Romney to win," said Lee Miringoff, a Marist College pollster.

He released surveys on Thursday showing Obama with a lead of eight points in Iowa and six points in Wisconsin, although a survey by Public Policy Polling on Friday gave Romney a one-point edge in Iowa.

Romney campaign aides say they are confident that he has enough momentum in Ohio and other swing states to pull out a win, pointing to his growing crowds and improving poll numbers, including those from the campaign's own surveys.

"The dynamic has very much changed in the swing states," said a senior Romney adviser who spoke on condition of anonymity. "The underlying fundamentals in the swing states have changed dramatically in Romney's favor."

In states where Romney has made gains, they have been fueled in part by improvements in his personal favorability ratings, gains with independents and a reduction in Obama's large lead among unmarried women voters.

Romney advisers said the first debate eased the concerns of some voters in swing states who have been bombarded for months by attack ads portraying the Republican as an out-of-touch multimillionaire with little sympathy for the middle class.

"People are getting a lot of information and what they're seeing is very much at odds with the ads that have run," the Romney adviser said. "That has been the biggest impact."

The Obama campaign is counting on what polls show is strong support from the growing Hispanic community to make a difference in Nevada and Colorado, although the level of intensity and voter turnout among Hispanics will be a wild card.

Any gains for Obama among Hispanics could be offset, however, by what polls have found is decreased support among the young and first-time voters who helped sweep Obama to victory over Republican John McCain in 2008.

Most national polls show Obama and Romney deadlocked. A Reuters/Ipsos daily online tracking poll on Saturday gave Obama a 1-point national advantage. Ipsos projects the president will win 315 electoral votes.

In such a close race, any surprise development during the final two weeks could loom large.

Obama and Romney will have their final debate, on foreign policy, on Monday in Boca Raton, Florida, where Romney is once again likely to challenge the president on his handling of the deadly attack on the U.S. consulate in Benghazi, Libya.

The White House on Saturday denied a report by The New York Times that the Obama administration and Iran had agreed to hold one-on-one talks about Iran's nuclear program, another issue that could shape the narrative of the campaign's final days.

Meanwhile, Obama's handling of the struggling economy will again be the focus when the Department of Labor releases the unemployment figures for October on November 2, just four days before the election. The report for September gave Democrats a boost by showing that the nation's unemployment rate was 7.8 percent, down from 8.1 percent in August.

"It was always going to be a really close election," Ipsos pollster Julia Clark said. "But the electoral math still adds up in Obama's favor at the moment."

(Additional reporting by Steve Holland and Samuel P. Jacobs; Editing by David Lindsey and Paul Simao)

Source: http://news.yahoo.com/analysis-romney-path-victory-obama-still-slight-edge-050317218.html

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Video: Small business expert: ?You do not need a billion-dollar advertising budget?

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Source: http://video.today.msnbc.msn.com/today/49487223/

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Rodgers sharp, Packers beat Rams 30-20

Green Bay Packers wide receiver Randall Cobb, right, is pushed out of bounds by St. Louis Rams strong safety Craig Dahl after gaining 19-yards during the first quarter of an NFL football game against the St. Louis Rams Sunday, Oct. 21, 2012, in St. Louis. (AP Photo/Tom Gannam)

Green Bay Packers wide receiver Randall Cobb, right, is pushed out of bounds by St. Louis Rams strong safety Craig Dahl after gaining 19-yards during the first quarter of an NFL football game against the St. Louis Rams Sunday, Oct. 21, 2012, in St. Louis. (AP Photo/Tom Gannam)

Green Bay Packers quarterback Aaron Rodgers (12) is sacked for a four-yard loss by St. Louis Rams defensive tackle Michael Brockers (90) and free safety Quintin Mikell watches during the first quarter of an NFL football game Sunday, Oct. 21, 2012, in St. Louis. (AP Photo/Seth Perlman)

Green Bay Packers quarterback Aaron Rodgers (12) is sacked for an 11-yard loss by St. Louis Rams defensive tackle Kendall Langford during the first quarter of an NFL football game Sunday, Oct. 21, 2012, in St. Louis. (AP Photo/Seth Perlman)

Green Bay Packers quarterback Aaron Rodgers throws a 3-yard touchdown pass to wide receiver Jordy Nelson during the first quarter of an NFL football game against the St. Louis Rams Sunday, Oct. 21, 2012, in St. Louis. (AP Photo/Tom Gannam)

Green Bay Packers wide receiver Jordy Nelson, left, catches a 52-yard pass as St. Louis Rams cornerback Janoris Jenkins defends during the first quarter of an NFL football game Sunday, Oct. 21, 2012, in St. Louis. (AP Photo/Tom Gannam)

ST. LOUIS (AP) ? Aaron Rodgers and the Green Bay Packers made themselves right at home in St. Louis.

Backed by a huge contingent of cheeseheads who were every bit as loud as the real home fans, Rodgers passed for three touchdowns and Green Bay's depleted defense clamped down on the Rams in a 30-20 victory on Sunday.

Randall Cobb caught two touchdown passes and Jordy Nelson had eight receptions for a season-best 122 yards for the Packers (4-3). Rookie Casey Hayward made his first start in place of injured Sam Shields and intercepted his fourth pass in three games.

Green Bay ended the Texans' unbeaten start at Houston last week, but had alternated losses and wins the first six weeks. Rodgers was 30 for 37 for 342 yards in his fourth 300-yard game this season.

Steven Jackson ran for his first touchdown of the year, and just the Rams' 10th overall, to trim the deficit to a touchdown midway through the fourth quarter. But Rodgers made a terrific throw to Cobb for a 39-yard pass that put the Packers up by two scores with 3:06 to go.

The Rams (3-4) will surrender home-field advantage next week when they travel to London to play the Patriots.

Chris Givens had a 56-yard reception for St. Louis on a screen pass in the fourth quarter, his fourth straight game with a 50-yard plus reception. Fellow rookie Greg Zuerlein kicked a 50-yard field goal.

Rodgers' numbers were not nearly as flashy as last week, when he tied the franchise record with six touchdowns and no interceptions. But he was very efficient while leading an offense heavily tilted to the pass game and went 9 for 14 on third down.

The Rams were undefeated in the Edward Jones Dome. They opened the home schedule with victories over the Redskins, Seahawks and Cardinals, limiting opponents to 14.7 points per game.

Green Bay played without four defensive starters. Shields (shin, ankle), linebacker Nick Perry (knee) and tackle B.J. Raji (ankle) were inactive. Linebacker D.J. Smith was recently placed on injured reserve.

St. Louis quarterback Sam Bradford was 21 for 34 for 255 yards and an interception, and was sacked three times behind a patchwork line with just two starters left from the opener. Bradford threw a 3-yard touchdown pass to Austin Pettis with 3 seconds to go.

After dominating in time of possession in the first half, holding the ball for more than 18 minutes, the Rams ran just seven plays in the third quarter and were held to minus-7 yards while the Packers had 129 yards and 11:39 in time of possession.

Nelson wrapped up his second straight 100-yard game early in the third quarter, often picking on rookie cornerback Janoris Jenkins. Cobb threw a nice fake on Jenkins in the end zone on a 5-yard catch that put the Packers up 17-6 midway through the third.

Rodgers completed his first nine passes for 115 yards, including a 52-yarder to Nelson that set up a 3-yarder for Nelson's fourth score in two games. The first incompletion came with just over six minutes left in the half when Rodgers slightly overthrew James Jones on a sideline pattern, with Jones able to get just his fingertips on the ball.

The Packers' Jamari Lattimore recovered an onside kick at the Rams 49 after St. Louis' Trumaine Johnson was flipped on his head when he was just about to haul in the ball, setting up a 47-yard field goal by Mason Crosby for a 10-3 lead late in the first.

Zuerlein ended a string of three misses, the last a 66-yarder that had the distance but was wide left at the end of last week's 17-14 loss at Miami, with a 50-yarder that gave the Rams the early lead. Zuerlein is 5 for 7 from 50-plus.

Crosby was wide right and short on a line-drive 58-yard attempt, which would have matched his career best, on the final play of the half.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-10-21-Packers-Rams/id-b0daa058357b43eabb996f84fab9a37b

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