40 The Queens Courier • JUNE 4, 2015 FOR BREAKING NEWS VISIT www.queenscourier.com Legally Speaking By: Scott Baron, Attorney at Law Developmentally Appropriate Curriculum That Supports The COURTS MUST FOLLOW THE LAW Advertorial Common Core Learning Standards! Q: Thirteen months ago, my uncle fell onto the subway tracks. He was hit by a train. For the next seven weeks, my uncle lay in the hospital, immobile from surgical procedures, laced with painkillers, getting his customary methadone and writhing for a cigarette. In between that and my uncle’s usual severe depression, his attorney found it very difficult to move forward – although he did manage to serve a notice of claim on the MTA a few weeks after the fall. Now my uncle is being told that it is too late to start a personal injury action. A: So far as is applicable, section 1276(2) of New York’s Public Authorities Law provides that no action against the MTA founded on tort (except for wrongful death) may be commenced more than a year after the accident. However, under section 208 of New York’s Civil Practice Law and Rules, the deadline can get extended by a period of insanity. Our courts are very parsimonious in permitting this dispensation. They have ruled that the break for insanity does not encompass the temporary effects of medications administered in the treatment of physical injuries. Given that your uncle was able to retain an attorney, it is very difficult to contend that he was insane. When section 208 was enacted, a legislative committee considered the possibility of substituting the phrase mental illness for the term insanity, but rejected that possibility. The courts are not permitted to rewrite this law. They are obliged to follow it. Unless there are facts that you have failed to mention, I am apprehensive that your case can go no further. A Unique Learning Preschool Experience for Over 25 Years! • Small Group Size • Warm & Nurturing Preschool Environment • Reasonable Rates for Full Day and Half Day Programs • Individual Attention from NYS Early Childhood Certified Teachers • Enriched Summer Program • State of the Art Classrooms • Computer in Every Classroom • Outdoor Playground/Indoor Gym • Field Trips • Music & Art • Special Education Services Available* Integrated Seats Available The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 Rooftop Swimming Pool Free Full Day Universal Pre-K in Bayside & Rego Park Fall 2014 *To parents of preschool children who have or are suspected of having a disability pursuant to Section 4410 of Article 89 of the Education Law. Services are to be determined by the CPSE of the local school district. 1750 Central Park Avenue, Yonkers, NY 10710(718) 738-9800, (914) 337-9800, 1-866-927-4878 German for Children After School Program New York State Accredited Language Program Low Tuition Four convenient locations in the Greater New York area: Ridgewood, Queens (on Freshpond Rd.) Manhattan (NY), Franklin Square, Garden City. Minimum Age: 4 Years No Previous German Necessary Classes Meet Once a Week Playgroup Age 4-5 From 4:30-6:15 Kindergarten Age 5-6 Other Classes Ages 7-15 Classes Start Second Week in September For more information call: 212-787-7543 or see: www.German-American-School.org Outstanding Early Childhood Program Award Recipient NYS Education Department Developmentally Developmentally 98-02 62nd Drive,Appropriate Rego Park,Appropriate NY Curriculum Th at Supports Curriculum Th e Common 718-263-That 1587 Core Supports Learning Standards! The Visit us at ICCD.com Common Core Learning Standards! Licensed by NYS Educational Department. Meets all NYC Dept of Health/Division of Day Care Operating Requirements A Unique Learning Preschool Experience for Over 25 Years! A Unique Learning Preschool Experience for Over 25 Years! • Small Group Size • Warm & Nurturing Preschool Environment • Reasonable Rates for Full Day and Half Day Programs • Individual Attention from NYS Early Childhood Certified Teachers • Enriched Summer Program • State of the Art Classrooms • Computer in Every Classroom • Outdoor Playground/Indoor Gym • Field Trips • Music & Art • Special Education Services Available* • Small Group Size • Warm & Nurturing Preschool Environment • Reasonable Rates for Full Day and Half Day Programs • Individual Attention from NYS Early Childhood Certifi ed Teachers Integrated Seats Available Integrated Seats Available • Enriched Summer Program • State of the Art Classrooms • Computer in Every Classroom • Outdoor Playground/Indoor Gym • Field Trips • Music & Art • Special Education Services Available* Rooft op Rooftop Swimming Pool Swimming Pool Free Full Day Universal Pre-K in Bayside & Rego Park Fall 2015 Fall 2014 *To parents of preschool children who have or are suspected of having a disability pursuant to Section 4410 of *To parents of preschool children who have or are suspected of having a disability pursuant to Section 4410 of Article 89 of the Education Law. Services are to be determined by the CPSE of the local school district. Article 89 of the Education Law. Services are to be determined by the CPSE of the local school district. Outstanding Outstanding Early Childhood Early Program Childhood Award Program Recipient Award NYS Education Recipient Department NYS Education Department 98-02 62nd Drive, Rego Park, NY 718-263-1587 • Visit us at ICCD.com 98-02 62nd Drive, Rego Park, NY 718-263-1587 Visit us at ICCD.com Licensed by NYS Educational Department. Meets all NYC Dept of Health/Division of Day Care Operating Requirements Licensed by NYS Educational Department. Meets all NYC Dept of Health/Division of Day Care Operating Requirements
QC06042015
To see the actual publication please follow the link above