"To think is easy. To act is hard. But the hardest thing in the world is to act in accordance with your thinking." Goethe

BRIEF RELIEF MATTERS IN PROGRESS

1. N.Y. opposition to motion to dismiss based on res judicata and prior federal dismissal.
2. N.Y. grounds for divorce and case law.
3. Rights of N.Y. attorney representing N.Y. purchaser of real estate in New York.
4. Cases regarding vehicular manslaughter and possible seat belt defense.
5. Copies of articles on Field Sobriety Test.
6. General information on generation skipping trusts.
7. Memo on possible suit against U.S. Forest Service for failure to issue permits and tort claim issues.
8. Obtaining Federal Tort Claim forms for claim against U.S. Postal Service.
9. Cases on enforcement of rights of homeless in New York.
10. Cases on rights of incarcerated parent/spouse for failure to pay support-options to be released.
11. Issues as to binding nature of auction sales in New York.

MATTERS OF INTEREST

SUPREME COURT
Status is inconsistent with the Act
PGA Tour, Inc. v. Martin, Americans with Disabilities Act, Title III (Title III) applies to the PGA Tour (PGA). Because the PGA is open to the general public it must comply with Title III.

Kyllo v. United States, (No. 99-8508), searches of private property with infared sensing devices require warrant under the Fourth Amendment. The Court reasoned that infared sensing went beyond permissible "naked eye" surveillance.

NY COURT OF APPEALS
Lynn v. Hugo, (1 No. 93, N.Y. June 7, 2001), Plaintiff's conclusory assertions do not raise triable issues of fact where defendant makes a prima facie showing by testimonial and documentary evidence that plaintiff gave informed consent to surgery, physician informed plaintiff of surgical risks, and signed consent forms showing she understanding those risks.

Elliott v. City of New York, (N.Y.2d March 27, 2001), violation, even of specific ordinances, is just some evidence of negligence, not the negligence per se that a violation of a statute constitutes.

NY COURT
Oberly v. Bangs Ambulance Inc. (N.Y.2d, May 3, 2001), arm injury is not "serious" to support fault suit under "permanent loss" standard unless loss of arm's use is "total".

2nd CIRCUIT
Civil Procedure, Ethics & Professional Responsibility
Sequa Corp. v. Gelmin, (No. 00-7025 2d Cir. May 24, 2001), Under Fed. R. Civ. P. 24 (a), a discharged lawyer, who has a charging lien against his former client that he believes is in jeopardy by ongoing litigation, lacks an interest justifying intervention as of right in the litigation.

Criminal Law & Procedure
US v. Sewell, (No. 00-1604 2d Cir. June 11, 2001), Voluntary intoxication does not negate the intent element of a crime of general intent such as bank robbery under 18 USC 2113 (a).

Criminal Law & Procedure
Cruz v. Miller, (No. 00-2005, 2d Cir. June 22, 2001), A state court's determination that pointing a gun at a suspect and saying "Police! Don't move! Put your hands up!" is not custody for Miranda purposes is a reasonable application of clearly established Supreme Court law.

Wisconsin Supreme Court
MD Maintenance
Meyer v. Meyer, 232 Wis. 2d 191, 606 N.W.2d 184 (2000), in what it describes as "university degree-divorce decree" cases, Court upholds maintenance award of $1700 per month for eight years after four-year marriage because wife worked, did laundry, kept house and even typed papers for husband while be finished medical school and completed residency.

PUBLICATIONS OF INTEREST

"International Child Custody Jurisdiction and the Uniform Child and Custody Jurisdiction and Enforcement Act," New York University Journal of International Law & Policies, vol. 33, no. 1, Fall 2000.

Eyewitness Testimony Faces Increasing Criticism: Studies showing the ease with which witness memories can be manipulated, The National Law Journal

Secured Transactions: The Advent of Revised UCC Article 9: A Practical Guide, Christenfeld and Melzer, New York Law Journal

Decades of the Death Penalty: How the Supreme Court Failed, Lazarus, Findlaw.com

"In David McCullough's telling, the second president is reminiscent of the 33rd (Harry Truman)," John Adams, By: McCullough

"Gandy Dancers on the Web: How the Internet Has Raised the Bar on Lawyers' Professional Responsibility to Research and Know the Law," The Georgetown Journal of Legal Ethics, Vol. 13, No. 4, Summer 2000.

"Cruise Lines and Consumers: Troubled Waters," American Business Law Journal, Vol. 37, No. 4, Summer 2000.