Archive for May, 2009

WHAT DOES A BUFFALO NEW YORK GRAND JURY DO?

Wednesday, May 27th, 2009

Buffalo, New York grand jury proceedings are secret and are not open to the public. The grand jury consists of sixteen to twenty-three people who listen to the evidence and determine whether there is enough evidence to put a criminal defendant on trial for a felony.

If they decide that there is enough evidence, they vote an indictment.

You have the right to testify before the grand jury. Your lawyer may go with you to the proceeding. However, your lawyer must remain silent during your testimony.

Your lawyer may not address the grand jury or object to the prosecutor’s questions. If you wish to speak with your lawyer before testifying, you may do so outside the grand jury room.

If you decide to testify before the grand jury, you will probably be cross-examined by the prosecutor. The prosecutor will ask any questions the grand jurors may have for you. You may ask that the grand jury hear witnesses willing to testify for you. But you are not allowed to be present in the grand jury room while they testify.

If the grand jury does not vote an indictment, you will be released from jail. If the grand jury votes an indictment, your case will be transferred from the local criminal court to Supreme Court or County Court for another arraignment. You will be formally charged with the crimes voted by the grand jury in the indictment. You must plead either guilty or not guilty. The conditions of your bail may also be reviewed and plea bargaining may take place.

Posted in Buffalo NY Criminal Law | No Comments »

RECENT LANDLORD/TENANT VERDICTS

Monday, May 18th, 2009

These recent verdicts for commercial and residential landlord/tenant disputes cover a no-pets policy which violated Fair Housing laws, a landlord who destroyed an auto shop owner’s equipment, sexual harassment and assault, false claims of child abuse and a landlord who delayed development of a golf course.

$3,162,900 Tenant’s 6-year-old daughter was sodomized by landlord’s teen son. Tenant claimed that the landlord knew his son had engaged in other inappropriate behavior of a sexual nature. (Middlesex Co., N.J.; Superior Court)
$985,000 Developer of golf course claimed that city landlord dumped dredged materials onto its property, delaying the project. (Martin Co., Fla.; Circuit Court)
$500,000 Landlord evicted tenant and filed a false claim of child abuse to combat his children’s allegedly noisy behavior. Landlord claimed that the tenant and his children kids broke the rules. (Queens Co., N.Y.; Supreme Court)
$272,000 Landlord impermissibly entered the tenant’s apartments and made threats and sexual advances.(Brazos County, Texas; District Court)
$120,000 Auto-repair shop’s owner sued landlord who trashed functional items during the cleanup of a fire that damaged the shop. The landlord claimed that the tenant was notified that items would be removed. (Atlantic Co., N.J.; Superior Court)
$102,000 Landlord would not allow the tenant’s daughter to keep her assistance dog. She needed the dog to help with her cerebral palsy, depression and seizure disorder. The landlord refused to make any exception to his no-pets policy and to renew her lease. He began eviction proceedings when she exercised her rights under the Fair Housing Act. (Connecticut U.S. District Court)

Posted in Buffalo NY Landlord/Tenant Law | No Comments »

FREE EMPLOYER PANDEMIC GUIDANCE

Monday, May 4th, 2009

If there is a swine flue pandemic, New York employers will play a key role in protecting employees’ health and safety as well as in limiting its impact on the economy and society. Employers will likely experience employee absences, changes in patterns of commerce and interrupted supply and delivery schedules.

Employers can  protect their employees and lessen the impact of a pandemic on society and the economy with proper planning.

New York employers should use OSHA’s free Guidance for Preparing Workplaces for an Influenza Pandemic http://www.osha.gov/Publications/OSHA3327pandemic.pdf to help identify risk levels in workplace settings and appropriate control measures that include good hygiene, cough etiquette, social distancing, the use of personal protective equipment and staying home from work when ill.

Up-to-date information and guidance is available on the http://www.pandemicflu.gov website.

A pandemic could affect as much as forty percent of the workforce during periods of peak influenza illness.  Employees could be absent because they are sick, must care for sick family members or for children if schools or day care centers are closed or are afraid to come to work, The Family Medical Leave Act (FMLA) gives employees up to 12 weeks of unpaid leave to care for themselves or a family member, regardless of how many employees are asking for time off.

Employees are eligible to take FMLA leave if they:

(a) have worked for their employer for at least 12 months;
(b) have worked for at least 1,250 hours over the previous 12 months;
(c) work at a location where at least 50 employees are employed by the employer within 75 miles.

New York employers should:

  • Stockpile face masks for employees who have high exposure to the public.
  • Provide flu shots and tetanus shots.
  • Revise attendance and leave policies in employment manuals so that employees are not penalized for taking time off.
  • Draft a disaster communications policy.

Posted in Buffalo and WNY Free Legal Resources | No Comments »