Introduction to Article 81

Guardianship[1] is the court proceeding by which one person (the guardian) is appointed to make decisions for another person (the ward) regarding personal, medical, and/or financial matters. In New York, the governing law is Article 81 of the New York Mental Hygiene Law (MHL), entitled “Proceedings for the Appointment of a Guardian for Personal Needs or Property Management”, which went into effect April 1, 1993. It provides a mechanism[2] for the court to assist a person to meet his or her personal and/or financial needs, while at the same time limiting such assistance to the least intrusive means necessary.

The standard for appointment of a guardian under the statute focuses on the decision-making capacity and functional limitations of the person for whom the guardian is sought — not any particular mental or physical medical condition. MHL § 81.02. In fact, New York courts have extended the scope of Article 81 beyond mental conditions such as dementia, mental illness, or mental impairment, to include other forms of impairment, such as blindness and other physical infirmity, drug or alcohol problems, and even gambling addiction.

Common scenarios where a guardianship can help

The following are situations where New York courts have appointed a guardian:

1. Where people seek to make decisions for their aging parent;

2. Where parents seek to make financial and personal decisions for their adult special needs or disabled child;

3. Where a guardian is needed to make decisions for someone who is unable to make responsible decisions because of cognitive impairment;

4. Where emergency medical decisions must be made for an incapacitated patient who does not have advance directives in place;

5. Where an elder is being unlawfully detained by a nursing home or other institution against his or her will, or is being abused or exploited, and emergency powers need to be given to a temporary guardian to act right away.

In one interesting example, a woman had recently won a great deal of money in the lottery and found that she could not help giving her money away to anyone who had a hard-luck story. For instance, she was talking to a friend that said she could really use a new car, so the woman bought her a new car. Although she could not resist this tendency, still the woman realized she needed help controlling the money she had just won.

This story highlights the difference between someone who is an Alleged Incapacitated Person (AIP), as opposed to a Person in Need of Guardian (PING). A person who is in a coma or otherwise allegedly incapacitated would be considered an AIP. Here, the woman who won the lottery was considered a PING — that is, a person who is not incapacitated per se, but who nonetheless needs a guardian. She could actually self-petition to ask the court for the appointment of a property guardian (i.e., someone to make financial decisions only, and not personal or medical decisions) narrowly tailored to control her access to and use of the lottery proceeds.

The “Nuts-and-Bolts” of a Typical Proceeding

A guardianship proceeding begins with the filing of a petition which contains the required pertinent information about the proposed ward (i.e., the person for whom the guardian is sought), his or her assets and income, the proposed ward’s family members and others who are entitled to notice of the proceeding, whether there is a Will and other advance directives, and other information about the circumstances. MHL §81.08.

The specific powers sought are set forth in considerable detail. In the event that this is an emergency, or some other circumstances warrant having immediate intervention, an Order to Show Cause asking for the appointment of a temporary guardian with particular immediate powers would be included. MHL §81.23.

A good example of this would be where an immediate decision has to be made as to whether or not surgery or some other urgent medical procedure should be performed on a comatose patient where no health care proxy is in place. This would be particularly true where the family members disagree on how to proceed. The guardianship court would appoint a temporary or special guardian who would investigate, talk to the doctors, and report to the court with a recommendation.

While it would appear to the layperson that the test for an Article 81 guardianship would require a medical diagnosis, actually the test is a functional one: The court must determine (1) if the person has functional limitations, and (2) whether he or she can understand the nature and consequences of those limitations, and (3) whether it is likely that the person will suffer harm if a guardian is not appointed. In other words, the observation of erratic or questionable behavior is more to the point in these proceedings than a medical diagnosis.

The court will often appoint a Court Evaluator to act as the “eyes and ears of the court” — to investigate the circumstances, interview people, and report to the court. MHL §81.09.

The matter proceeds to a hearing at which testimony is taken. MHL §81.11. These proceedings can also be contested, with family members disagreeing as to who should be the guardian and what steps should actually be taken. The person for whom the guardianship is brought can even object to the appointment of a guardian, and can be represented by an attorney (court-appointed or of their own choosing). MHL §81.10.

Seeking The Least Restrictive Means

In enacting Article 81 of the Mental Hygiene Law, the intent of the legislature was to create a means of protecting individuals using the least restrictive means possible. In addition, the law gives the court the authority to tailor a guardianship to the ward’s needs. Article 81 requires the court to consider alternatives to the appointment of a guardian, such as visiting nurses, home health aides, adult day care, and trusts, and allows the court to fashion remedies that may or may not include appointment of a guardian. See, e.g. MHL §81.01.

Conclusion

Article 81 is a versatile remedy that can provide useful or even life-saving solutions to a wide variety of situations. Because it is a complex proceeding with serious implications, and it requires a court hearing, it is imperative for anyone considering a guardianship to consult with an experienced elder law attorney knowledgeable in this area of the law.

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[1] In some states, the proceeding is called conservatorship.

[2] In addition to Article 81 of the Mental Hygiene Law, which has arguably the broadest application and flexibility in such matters, other mechanisms exist. The main example is Article 17-A of the Surrogates Court Procedure Act. Originally designed for mentally retarded individuals who were newly discharged from mental institutions and needed a safety net, the law was later amended to include developmentally disabled individuals, and specifically those with cerebral palsy, autism, epilepsy, traumatic head injury and other neurological disorders. The disability must have originated before the age of 22 (except that no such age of origination applies to traumatic head injury). By contrast with Article 81, Article 17-A expressly requires that the mental retardation or developmental disability must be medically certified. Also, in the more extreme cases where a person may be a danger of harm to himself or others, a proceeding exists under Article 9 of the Mental Hygiene Law for involuntary commitment of the individual.

Some things are worth paying for, and a luxury New York holiday says you’re worth it. Once out of sight on the price, luxury New York holidays are now more affordable than you may think. There’s a secret to getting the best and getting it for less when you want to luxuriate your mind and body in the Big Apple.

New York City all inclusive holidays cut the price down to size with industry rock bottom rates on the finest hotels in Manhattan. Choose classic landmark hotels that have entertained royalty and dignitaries for a century or bask in the newer hip and happening hotels in the New York Skyline. Luxury and deluxe accommodation have a feel that’s all their own, and taking your own slice of urban paradise is easy to book and offered at a fair price.

New York deluxe hotels are committed to their guest services with premium concierge and connections to the best dinner and theatre reservations in town. Wine and dine until the sun comes up at New York’s finest hotel restaurants operated by ward-winning chefs, or slip into the wellness spa for a total body makeover. Pampering comes at a price, however, the all-inclusive way to play and stay offers best bargain travel options and a steal of a deal.

The New York City all inclusive luxury holiday plan provides round trip international airfare, sumptuous dining options, choice of luxurious accommodation situated in the best parts of town, airport transfers from JFK airport and tickets for select events and attractions. Point and click to take care of everything in advance for a carefree departure without financial surprises. The all-inclusive holiday plan has taken first place for savvy travelers that know how to have a good time and keep their money in their wallet.

New York City does not have a slow season, but rather beckons the world twelve months a year. Early reservations for the popular all inclusive New York luxury holiday packages are strongly recommended to secure your first choice of accommodation and convenient departure dates. In addition, early bookings are ripe with seasonal sales and consumer incentives to make the travel deal even sweeter. However, late travel to New York City can bring you all the luxury you deserve at the price you want to pay when you find the deal of the day to get you to the Brooklyn Bridge in a New York Minute.

While pre-season expectations of the New York Jets had them predicted to win 3-4 games this season, they went on to finish 10-6 and made it to the playoffs. Last season you couldn’t give away New York Jets merchandise with the dismal 4-12 finish but this season everyone was wearing green and white as the resurgent New York Jets under new head coach Eric Mangini surprised everyone.

New York Jets hats, jerseys, jackets, socks, t-shirts, bumper stickers, helmets, curtains, rugs, pillows, blankets, flags, posters, photos, footballs etc. were sold out before Christmas leaving nothing left by the time the playoffs arrived.

Many retail stores in New Jersey and New York reported Jets merchandise sales weren’t even this strong in 1998 when the New York Jets went to the AFC Championship game vs. Denver. Online reports showed that New York Jets merchandise was atop the best sellers of any NFL team merchandise this season. You can attribute that to the surprising outcome of this current season and of course they are in the New York market, which never hurts.

In other Jets news many fans are buzzing about whether the team will be changing their team colors, uniform or logo in 2009. This is the year the New York Jets and New York Giants will be sharing a stadium together. While there has not been anything mentioned on what the new stadium will be called as of yet, there have been rumors the Jets will perhaps change their team logo and uniform. This isn’t unusual for teams to do this when entering a new stadium. Most recently the Arizona Cardinals changed their uniforms and wore a commerative patch to celebrate their new stadium. I think a change in uniform will only help merchandise sales for any team, especially in the New York market. If you have noticed, for decades NFL teams didn’t change uniforms or logos until the late 90’s when several teams moved into a new direction with colors, logos, etc. which really spiked marketing and merchandise sales for the respective teams. Since 2000, fourteen NFL teams either completely changed their team colors and uniforms or changed some aspect of their uniform in some way. I think it’s a safe bet to assume the New York Jets will do the same with the opportunity to make a huge bang within the NFL merchandising side of it in 2009.

If you are a true New York Jets fan who bleeds green then you better buy your NY Jets merchandise early next season as the Jets are predicted to make a run at the Super Bowl in 2007. Don’t be left out next season when the playoffs arrive and once again all New York Jets merchandise is sold out. “Gang Green” will be a team to be reckoned with in 2007. J-E-T-S… Jets! Jets! Jets!

Photography in New York State is actually two states of mind. You can immerse yourself totally in the hustle, bustle and excitement of New York City. Then again, you and your camera might prefer the natural beauty, peaceful vacation spots and attractive landscapes of the Upstate counties. Both regions offer a diversity of photographic subjects. You’ll discover many great opportunities to record you and your family and friends enjoying everything New York.

Every reason to visit New York City is the best reason to have your camera ready to photograph your experience in one of the true capitals of the world. Whatever means of transportation take you into the Big Apple, the amazing skyline fills your vision; and it’s just begging you to take a picture. Then, move closer to shoot some of the world’s most recognized architecture: The Empire State Building, Chrysler Building, Guggenheim Museum, Brooklyn Bridge, Statue of Liberty and Ellis Island.

If America is a melting pot, then the people of New York City occupy the space where the mixture is perfectly blended. People from virtually every country in the world come to New York City. You could take pictures for days of the many faces that represent this amazing ethnic richness. Not only will you find a treasure of unique personal portraits to photograph, but also the communities where the people of New York City live. What is called “community tourism” is very popular in the city. Once you’ve had enough of the bright lights and glitz, use your camera to make a connection with the people and their cultures.

That other New York photographic state of mind is not lit by a million city lights, but a million stars in a clear sky. It’s the wide, open spaces of Upstate, where the city folk escape for some rest and relaxation, and vacationers, such as you and your family, seek outdoor fun. Of course, New York boasts one of the world’s great natural wonders: Niagara Falls. Photographed an uncountable number of times, Niagara Falls is certain to be a centerpiece of your vacation pictures.

Even though it is one of the most populous states, Upstate New York has an abundance of wilderness areas. They provide the perfect views of eastern mountains and picturesque valleys, and photographing the colorful fall foliage is a must. A great way to experience and photograph the Upstate scenery is to take a boat tour of the Hudson River Valley, Lake Champlain or the Finger Lakes region. You can take pictures of the Hudson River estates of Dutch origin, the historic Revolutionary War sites on Lake Champlain and the spectacular Finger Lakes vistas. You’ll also want many happy images of your family enjoying all the outdoor activities of Upstate New York: swimming, boating, camping and hiking.

New York State loves to be photographed, which means it’s not afraid of the lights, camera and action, and giving you the best memories in pictures.

The most common type of moving violation is speeding. Because a New York motorist can get 3 to 11 points for committing such an infraction, it is important to know how to fight such a ticket. This information is particularly useful at the Traffic Violations Bureau because this venue does not allow for any type of deal-making of plea bargaining. This article will provide a basic framework to help you fight a New York speeding ticket at the Traffic Violations Bureau.

The first step is to compute how many points are involved with the New York State speeding ticket you have been given.

The following chart will help you figure this out:

1 – 10 mph over speed limit – 3 points

11 – 20 mph over speed limit – 4 points

21 – 30 mph over speed limit – 6 points

31 – 40 mph over speed limit (possible suspension) – 8 points

More than 40 mph over speed limit (possible suspension) – 11 points

Points are measured from the date of offense (even if you are convicted years later). So when adding the possible points for a newly issued speeding ticket. you must go back 18 months from the date of the new ticket and determine how many other points you have on your record. Also, three speeding convictions within 18 months will result in an automatic revocation in your driving privileges for 6 months.

The next step is to determine whether your case is returnable at a Traffic Violations Bureau (TVB) court or not. There are two, very different traffic court systems in New York State and, therefore, this determination is important for you to understand what you can and cannot do. If you are not within the TVB, then usually you can resolve the case by a plea deal.

The TVB courts cover any New York traffic ticket issued in New York City (Manhattan, Bronx, Brooklyn, Queens and Staten Island), western Suffolk, Buffalo and Rochester. A New York speeding ticket issued in any other place within New York State will not be a TVB court.

The reason this is an important inquiry is that TVB courts generally do not allow any type of deal-making or plea bargaining. Rather, you must either plead guilty or not guilty and, if you plead not guilty, you are given a hearing where you will either win or lose. In this “all or nothing” court, it really pays to retain an New York traffic lawyer to fight your case. That is, a New York traffic attorney who is experienced and knowledgeable in fighting speeding tickets at the TVB. Putting aside the emotions involved with fighting your own case, most motorists do not know how to listen carefully or cross examine. Rather, they basically ignore the officer’s testimony, fail to ask any questions and, instead, just tell the judge their story. This incomplete approach is not recommended and is clearly not effective.

If you do fight your own TVB speeding ticket, listen carefully to the officer’s testimony and even take notes. If the officer omits critical testimony (ex., date, time, location, direction, your ID information), then point this out to the judge after the officer rests. Similarly, if the officer gives testimony which is inconsistent with his other testimony or the information on the ticket, then likewise point this out to the judge.

For instance, I once was fighting a NYC speeding ticket when the officer testified that the motorist was proceeding east bound on the Long Island Expressway. The ticket, however, indicated W/B (i.e., west bound). After the officer rested, I showed the ticket to the judge who promptly dismissed the case.

Even without an omission or inconsistency, you should still ask thoughtful questions of the officer. For example, if your defense is that the officer pulled over the wrong car, then ask him where was he when he first saw your car, did he have to pass any other cars to apprehend your car, and how long did it take him or apprehend you. These types of questions build on your defense.

Also, ask to the see the officer’s notes. Read them and determine whether his notes are consistent with his testimony. Any discrepancy should be pointed out to the judge. Also, do not be afraid to ask the officer to decipher illegible portions of his notes.

After your cross examination of the officer, it is time for you to offer your defense. Speak slowly and clearly. Hand up any evidence supporting your defense such as photos, witness statements or diagrams. Keep in mind that the judge hears many, many such cases and, therefore, you should not be repetitive or rambling about irrelevant information.

One last tip. Prior to fighting your case, watch the judge and how he handles other cases. Does he listen and take notes? Does he seem impatient or distracted? If you are concerned about whether you will get a fair hearing, ask for a new date. It is unlikely that you will get the same TVB judge on the next assigned date.

I hope this article has been helpful in getting you prepared to fight your own NY speeding ticket when returnable at the TVB.

New York City is a superb travel destination for families with children. There are many attractions and activities for kids. However, like most families travelling with children, a hotel with a pool is a major priority. As every parent knows, a nice swimming pool is not only great fun for the kids but it also serves an important benefit for parents as well… like stealing a few moments of peace. Of course, when it comes to New York City, finding New York hotels with pools is a bit more challenging, because there are surprisingly few hotels with pools. This may seem odd given the immense number of hotels in the Big Apple, but New York real estate is so expensive few do and in some cases they are literally small lap pools. Nonetheless, there are a few good choices. Below, we have listed some good family friendly New York City hotels with pools that are worth considering.

New York Hotels with Pools:

• Sheraton Manhattan Hotel – Best Family Friendly New York Hotel– 790 7th Ave & 51st St, New York, N.Y. This New York Hotel is the best choice for families by far based on overall value, location and its pool. The Sheraton Manhattan Hotel offers a 4 lane, 50 foot pool which is the largest true hotel owned pool in New York City, even if it is diminutive by normal standards. For parents looking to relax, there is a good pool deck lounging are to steal a few moments of relaxation. The Sheraton Manhattan also claims the benefit of being relatively close to Broadway and Times Square.
• Crown Plaza Time Square Hotel – 1605 Broadway & 49th Street, New York, N.Y. – Located in the heart of Times Square, the Crown Plaza Hotel in Times Square offers 4 lane, 55 foot pool in association with the New York Sports club. The seating and lounge deck area is limited but usable. Usually, 2 lanes are reserved for lap swimming and the others for leisure swimming, which reduces the usable size of the pool. But, this New York hotel is a good alternative choice for families that are vacationing in New York City and want to be right in the Broadway/Times Square area. Also, the Crown Plaza is a good choice for those on tighter budgets.
• Le Parker Meridien Hotel– 119 W. 56th Street, New York, N.Y. – This midtown Manhattan Hotel offers a 45 foot, 3 lane pool with a very attractive and relaxing pool seating area. The views from the pool look out on to Central Park. This New York Hotel pool is small and sometimes it can get crowded, but it will do the trick. It is a good choice for families looking for an upscale family friendly New York Hotel.
• Mandarin Oriental New York– 80 Columbus Circle at 60th Street, New York, N.Y. – The Mandarin Oriental is a luxury New York hotel and its pool facilities are equally sumptuous. The Mandarin Oriental probably offers the best New York City Hotel pools in terms of luxurious atmosphere. Expansive floor-to-ceiling windows provide superb views of New York City. The pool lounge area is at the Mandarin is impeccable and elegant with plush lounge chairs. Despite being the best in town, it may not be the best for a family with very “active” kids.
• The Peninsula Hotel New York– 700 Fifth Avenue at 55th street, New York, N.Y. The Peninsula New York is another luxury New York Hotel with pool facilities that rival the Mandarin Oriental’s. Located on the 23rd floor of the hotel, there is a glass enclosed pool area with a chic décor that is calming and quite relaxing. At night, excellent views of the city provide an enchanting atmosphere. The pool with serve the kids well, but the parents will certainly appreciate the fine lounging area.
• Millennium UN Plaza Hotel– One United Nations Plaza, New York, N.Y. – Located in the United Nations Plaza area, this New York Hotel has a 3 lane, 44 foot pool. The Millennium Plaza Hotel is a deluxe level New York Hotel located right near the United Nations Building on the east side of Midtown Manhattan. The Hotel’s pool is located on the 27th floor and provides impressive views of New York. The pool’s lounge area is a bit a little on the tight side, and is not one the more relaxing pool lounges areas available.

For those seeking more information on New York Hotels with pools, including pictures, locations, prices and real up to the minute hotel availability, a link to a web information page specific to New York Hotels with Pools is listed in the Resource section following this article.

Family Friendly New York City Attractions:

Beyond finding a family friendly New York Hotel with a pool, there are some excellent activities for kids in New York City. Rather than suffering through endless pages of listings in travel guides with questionable value and accuracy, we suggest these sure to please recommended friendly New York City attractions.

• America Girl Shop -For little girls who love dolls, the American Girl store is a pure fantasy land. Resembling a high-end boutique with the latest American Girl clothes fashions, it is a shopping paradise. The American Girl Store sports a Beauty Salon for American Girl dolls with real hair stylists, salon chairs and beauty stations with the works. Upstairs, there is a Doll Hospital where you can take your Doll for any repairs or other “procedures” which might be necessary. Finally, the American Doll Store offers its own tea and dining room which is very popular for young girls celebrating their birthday in style with friends and family. The American Girl Store also used to have live theater productions themed around the American girl stories. Sadly, this closed thanks to some corporate weenie with green eye-shade. But, all in all, we think this is one of the best experience based kid stores in New York City (sorry boys, although the NBA store is probably a close second.
• The Bronx Zoo – Bronx River Parkway and Boston Road, Bronx, N.Y. 10460 – {Looking for one of the world’s best zoos? Look no further than the Bronz Zoo. This New York zoo has an outstanding collection of exotic animals from around the world, including elephants, gorillas, giraffes, bears, rhinos and leopards. Getting to the Bronx Zoo from downtown Manhattan) is easy. Trains from Grand Central Station on the Metro North Line stop at the Zoo. There are also express buses that make stops along Madison Avenue which go right to the Bronx Zoo. Look for the BXM11 Buses on Madison.
• The Central Park Carousel – Central Park, New York, N.Y. – The carousel in Central Park is a beautiful old fashion carousel. Continuing a tradition that remains ongoing since 1871, situated in Central Park is a beautiful 57 horse antique carousel. Ornate carved wooden horses await rides from youngsters within an old fashioned carousel building that warmly greets you on your approach. It offers a simple pleasure from times long since passed, and is a nice respite from the hustle and bustle of the day. While you are there, take advantage of the paths, garden areas and sculpted ponds inside the park. It is a wonderfully relaxing and expansive setting and leaves one wondering how such a serene pace can exist in one the largest cities in the world.
• Dylan’s Candy Store – 1011 Third Avenue, New York, NY – What Willy Wonka did for the imagination; Dylan’s Candy Store does in reality. It’s a veritable wonderland of candy which will have the kid’s wide-eyed and mouths wide open with awe. New York City candy store is an absolute must visit, and parents we apologize for the post candy sugar rush that follows.
• Ellen’s Stardust Dinner – 1650 Broadway, New York, N.Y. – Located in the Broadway Theater District, the Stardust Diner is a fun experience for kids and adults alike. The dinner is a retro 50’s drive-in theater theme, but the real treat is the singing wait staff. Comprised of aspiring Broadway actors, the staff will break out into a fully fledged Broadway style singing performance. The wait staff is incredibly fun and very friendly and willing to kibitz. The kids will eat it up.
• Empire State Building – 350 Fifth Avenue, 33rd & 34th Street, New York, N.Y. – Visit the Empire State building and go to the observatory level for a panoramic view of New York City. A Gorilla, ala King Kong, will greet you at the entrance line to the observatory. Even though the views and sheer height are sure to be an exciting experience, it also worth trying to take a picture of the entire building from street level…keep on backing up. For a really fun time, the night before your visit bring along a DVD of the original King Kong Movie for a family movie night and then bring the kids the following day. It adds to the fun and mystique.
• FAO Schwartz – 767 Fifth Avenue at 58th Street, New York, N.Y. – FAO Schwartz is the mother of all toy stores in New York’s City. Located across from Central Park, FAO Schwartz is a child’s dream come true. Offering the latest and greatest in toys, this store has something for everyone. But, perhaps the part we like the best is the extensive stuffed animal collection. A virtual Noah’s ark of stuffed animals of every kind sprawls across the main floor, including amazingly huge stuffed animals (although one wonders how you could ever transport them home). If you do venture into FAO Schwartz keep in mind you have zero likelihood of escaping without buying something and prices are not at a discount.
• Grand Slam – Times Square, Broadway between 46th and 47th Street, New York, NY. – Grand Slam is a cornucopia of New York souvenirs ranging from the popular FDNY tee shirts and caps to all things you can possibly imagine that can bear a New York Yankees logo. This store is aimed a tourists but is still loads of fun for sports minded kids.
• NBA Store – 666 Fifth Avenue at 52nd Street, New York, NY. – For the kid who loves basketball, this is your 3-story hops heaven. Authentic NBA merchandise is served up, including great NBA jerseys and basketball shorts. NBA players often make appearances at the NBA store and will sign autographs.
• Manhattan Children’s Theater – 52 White Street (380 Broadway), New York, NY. – The Manhattan Children’s playhouse is a children’s theater that puts on child appropriate productions based on popular fairytales and children’s stories such as Rapunzel, Little Red Riding Hood, and the Brothers Grimm stories. These are high quality productions for youngsters, and they will captivate them.
• Metropolitan Museum of Art – 1000 Fifth Avenue, New York, N.Y. – The Metropolitan Art Museum is one the world’s greatest art museums. With an extensive collection containing many of the most famous paintings and artworks ever produced, the Museum will captivate many children, especially those with an interest in painting and art. The Egyptian, Arms and Armor, Medieval and European Painting collections will be enjoyed by the kids.
• Museum of Natural History – Central Park West at 79th Street, New York, N.Y. -The Museum of Natural History is loaded with fun collections and interesting exhibits which will surely capture the fancy of any child, as well as the parents. From Egyptian mummies and sarcophagi, giant stuffed Elephants and wild beasts, dinosaur skeletons (including the now famous “Rexy” from the movie Night at the Museum which greets you at the front door), American Indian relics, totem poles and more. The Museum of Natural History is an outstanding attraction for families.
• SONY Wonder Technology Lab – 550 Madison Ave. & 56th Street, New York, N.Y. – The Sony Wonder technology Lab is a wonderful interactive computer exploration environment for kids. The exhibits include creative interactive applications with cutting edge technologies, such as virtual surgery stations, animation workstations, and nanotechnology and robots stations.
• Theaterworks – 121 Christopher St, New York, N.Y. – Located in Greenwich Village, Theaterworks is a highly acclaimed family oriented theater production company. Shows are available only on weekends, but the performances are top notch and highly acclaimed. Performances cover children’s classics such as Charlotte’s Web, the Lion, the Witch and the Wardrobe, and Seussical.
• The New Victory Theater – 209 West 42nd Street, New York, NY. – Located in the Broadway district, the New Victory Theater is a youth theater with a little more edge to it, and probably better suited to teens and more mature children. Performances run from the macabre to the more juvenile avant garde style. The interior of the theater is stunningly ornate and with just 500 seats viewing is spectacular.

The unclaimed money vault of New York continues to experience heavy influx of unclaimed money and is now considered to be one of the largest state treasuries in terms of unclaimed money. As of the last estimate, the state of New York is home to almost $10 billion of unclaimed funds. A majority of this abandoned money comes from the following sources: 25 million inactive bank, business, and government accounts unclaimed by their owners and in the care of the state controller’s office. While the New York State treasury is taking all the right steps to spread the awareness about unclaimed funds, the volume of incoming unclaimed funds keeps the deficit growing.

The process of reclaim and search for unclaimed money has been simplified to a great extent in the last couple of years. State treasury has taken very dynamic and innovative steps and created far reaching programs to convey this message. The results of this aggressive awareness campaign can be seen in the increasing number of claim inquiries and the number of refunds that the state treasury has made.

The state has launched a very informative and user-friendly website to help the state resident claim their lost funds. In addition to these efforts, New York State Comptroller’s Office of Unclaimed Funds (OUF) is also collaborating with the state treasury to return the unclaimed funds to its actual owners.

New York, being one of the most cosmopolitan states in the country, is also prone to a lot of inter-state and foreign worker migrations. It is home to one of the largest Diasporas of foreign work force. This ethnically complex landscape has a great influence on the volume of unaccounted funds and properties. Apart from being a multi-cultural state and a hub for foreign workers, New York is also a great attraction for retirees. With number of retirees increasing every year, the volume of unclaimed money is also getting larger.

The state of New York publishes an “Abandoned Property Supplement” of the New York State Register, which contains a list of abandoned property. This supplement is published by New York State Department of State, 162 Washington Avenue, Albany, NY 12231. The Department of State runs this list in hopes to reach out to the citizens and increase the number of claimants.

As a result of its highly proactive unclaimed funds policies, New York has also been one of the most successful states in reuniting the owners with their lost money. The outreach program of the state, along with the National Association of Unclaimed Property Administrators (NAUPA), a nonprofit organization affiliated with the National Association of State Treasurers, has simplified the process of reclaim and also been highly successful in creating unprecedented awareness about the unclaimed money pool lying with the state treasuries. So, if you have ever resided in New York, now is the time to search for your unclaimed funds.

Before you embark on your New York journey read about the hotels that will make your stay a memorable one.

The Library in Midtown Manhattan

The Library Hotel is more ‘literati’ than ‘glitterati’: more private club than hotel. Each of the ten guestrooms is dedicated to one of the ten major categories of the Dewey Decimal System: Social Sciences, Literature, Languages, History, Math & Science, General Knowledge, Technology, Philosophy, The Arts and Religion. Each of the sixty rooms is individually designed with a collection of art and books relevant to one distinctive topic within the category of floor it belongs to. Guests may request their room based on their personal interests. The Writer’s Den with its skyline views and the Poetry Garden, a sparkling green house, are perfect places to relax and absorb this culture.

Tips:

Access to the hotel’s video library of the American Film Institutes top 100 films — Monday through Saturday there’s a complimentary wine and cheese reception — For the night time players, magical nights await you at the Bookmarks Lounge on the 14th floor, which serve signature cocktails like the Great Gatsby and the Capote.

Sofitel New York in the Manhattan area

The contemporary 30-story Sofitel New York, represents the French art of living through its décor. Art work of old Paris and New York fill this space. Traditional French fare is served at the French brasserie, Gaby Restaurant and even the staff uniforms are designed by renowned designer Jean Charles de Castelbajac. Guests will enjoy the hotel’s evening turndown services, which include Evian water and a fresh cut rose. The Art Deco sitting room is the perfect place for some downtime as well as viewing the extensive collection of contemporary art that adorns the walls. The hotel’s award winning design surrounds a 30-story curved tower bordered by two 20-story wings, which overlooks the Chrysler Building and the Empire State Building.

Tips:

Don’t leave New York without sampling the inventive French cuisine with Asian influences, served up at the Art Deco inspired, Gaby Restaurant — The Petit Bijou gift shop is an exquisite emporium with items imported from France.

The Hudson Hotel in the Midtown area

The Hudson Hotel is a brand new offering from hotelier extraordinaire, Ian Schrager. It is said to be the hippest hotel on the block with stunning views across the Hudson River. Designer, Phillipe Starke has created a fantastical world where flawless design dances with daredevil technology in a perfect combination of light, sound and shape. There’s an exhibition kitchen restaurant, a lobby bar, and library bar with billiards, indoor and outdoor private park, and a ceiling fresco by renowned painter Francesco Clemente, 18.000 square feet of indoor/outdoor event space and a business centre. The design was inspired by ocean travel romance and the setting of a private cabin on an upscale yacht. Vogue Magazine describes the hotel as “surreal chic, brilliantly designed, and gorgeous.”

Tips:

Hudson Sky Terrace located on the 15th floor is a large private landscaped terrace where you can enjoy cocktails and sweeping city and Hudson River views — For your sleeping pleasure, Hudson beds have Egyptian cotton sheets with 300 thread count.

The Dream Hotel in the Midtown area

The Dream Hotel in New York was opened by socialite-hotelier Vikram Chatwal in 2004. The décor includes a copper statue of Catherine the Great, Neptune and Madonna with child, all surrounded by mismatched armchairs. The design theme is best described as haute couture meets Alice in Wonderland ‘whimsical’. This luxury playground has all the latest technology and three lounges each offering their own delights: Subconcious is subterranean lounge with a Labyrinth of Alcoves, the Epernay and Lobby Bar is a vibrant space designed by architect Mark Zeff and AVA, named after movie star Ava Gardner is the Dream Hotel’s penthouse lounge which offers cocktails and stunning views of Time Square.

Tips:

The Chopra Center which is devoted to Ayurveda, an ancient Indian healing science studied by founder Deepak Chopra is situated below ground. A glass elevator transports guests to this world of exclusive pampering – A feast of sublime Northern Italian cuisine awaits you at the Fellini-inspired restaurant, Serafina, designed by the Rockwell Group.

The 60 Thompson in the SoHo District

100 room luxury-driven lifestyle hotel by famed designer, Thomas

O’Brien is a favorite with the trendy downtown scene. The breathtaking rooftop “members” lounge, and Kittichai restaurant complement the modern and chic sensibility of 60 Thompson. This luxury hotel is set back from the street behind a courtyard of birch trees. The interior features photographs by Laura Resen and a roof garden that has a 360 degree view of Manhattan’s skyline. This hotel was selected as “One of the World’s Hottest Hotels” by Conde Nast Traveler and Entertainment Weekly named it the “It Hotel” for entertainment’s elite.

Tips:

Indulge your senses at chic Thai restaurant Kittichai on the ground floor with patio dining and a gold-suffused bar — Feel like a princess in swanky marble-swathed bathrooms with mosaic tile floors, and Philosophy bath products.

Trump International Hotel & Tower in the Manhattan area

Location, location… this hotel certainly is prime real estate: situated at the foot of Central Park, and just across Columbus Circle from the Time Warner Center. Opening in 1997, the contemporary 52-story tower hotel was designed by renowned architects Philip Johnson and Costas Kondylis. Today, Trump International Hotel & Tower is one of only four properties in North America to hold the prestigious Mobil five-star rating for both the hotel and its in-house restaurant, Jean Georges. With a host of unique innovations and complimentary amenities there is no doubt you’re residing in the world of the super-rich, Donald Trump. The rooms have ten-foot high ceilings with nine-foot floor-to-ceiling windows so guests can have the pleasure of all-round views of Manhattan.

Tips:

A 6,000-square-foot health club with 55-foot indoor lap pool and a full-service spa — For guests its business as usual at the 383 square feet Executive Boardroom with floor-to-ceiling windows that overlook Broadway and Lincoln Center — Each guest receives personalized stationery and business cards along with a cellular phone on request.

Hotel Plaza Athénée in the Manhattan area

Located on the fashionable Upper East Side of Manhattan, this hotel brings a bit of Europe to the finest streets of New York. Renovated in 2003, and a member of the Leading Hotels of the World, the Hotel Plaza Athénée is without a doubt one of New York’s finest hotels. This European-style boutique hotel with its 152 rooms is located on a tree-lined residential street that offers a peaceful and home-like atmosphere. All of the rooms and suites have French fabrics, period furniture, artwork, and rose aurora marble bathrooms and suites. Earth tones and smoking rooms bring back a bit of old-world charm.

Tips:

Serious shoppers paradise: walking distance to Madison Avenue with Georgio Armani, Louis Vuitton, Tiffany’s, Barney’s, Bloomingdales and Bergdorf Goodman Department stores – – Don’t leave New York without having a cocktail at the Seine and Arabelle Bars where Carrie Bradshaw sat and drank when they filmed Sex in the City.

The 70 Park Avenue Hotel in Midtown Manhattan

One of New York’s most revered midtown hotels is situated near Grand Central Station, right on famous Park Avenue. The 70 Park Avenue Hotel recently went through an extensive multi-million dollar renovation under the direction of renowned residential designer Jeffrey Bilhuber, who has worked with celebrities such as David Bowie, Iman and Hubert de Givenchy. The hotel is decorated in warm earth tones and rich dark woods and the lobby living room features a 14-foot limestone and sandstone fireplace. The 188 newly decorated guest rooms including 6 parlors and 3 penthouse suites are bright and spacious with stylish neo classical décor and luxurious comforts.

Tips:

Leisure guests will find convenience in the walking distance from Fifth Avenue boutiques; the city’s finest arts and cultural centers, which include the Museum of Modern Art, Empire State Building, United Nations, Broadway and Times Square – – The 2,000 square-foot Penthouse Suite with wrap-around balcony and great views from its 17th floor perch is ideal for swanky social events or parties.

The Benjamin in the Midtown area

Originally opened in 1927 as The Hotel Beverly it was considered one of world-renowned architect Emery Roth’s most successful creations. The hotel was purchased and renovated to its original grandeur in 1999 by Affinia Hospitality and named after its founder, Benjamin J. Denihan, Sr. Today, this sophisticated, boutique style hotel has lavish marble bathrooms, rich mahogany-finished furnishings and a personal well-equipped business area, attracting both business and leisure guests. The Benjamin is famous for its custom-made mattresses adorned with Frette linens and down filled duvets. It’s probably the only hotel in the world that offers a menu of ten different pillows! One block from Park Avenue businesses, near the Empire State Building, the United Nations, Rockefeller Center and Fifth Avenue shopping.

Tips:

One of only four Five-Globe ECOTEL, certified properties in the world, this eco-friendly hotel’s core philosophy, encompasses every aspect of hotel operation and guest service — The Affinia Wellness Spa is a holistic experience that will transform your mind, body and spirit.

The SoHo Grand Hotel in the SoHo area

Built in 1996 as the first hotel in SoHo in more than a century; the SoHo Grand Hotel was designed by Bill Sofield and architected by David Helpern. This 17-story hotel is a favorite of the fashion and entertainment industries. The Grand Bar & Lounge, also known as “SoHo’s living room”, has recently been redesigned by renowned designer, William Sofield. Famous guests Kevin Spacey, Spike Lee and Naomi Campbell have stayed here. Pets have stayed here too. In fact dogs are offered their own toothbrush and toothpaste. A total of 367 custom designed rooms, 16-foot windows draped with 900-pound velvet curtains and a ceiling fashioned out of handmade mercury mirror glass embedded with chicken wire all make it the most fantastical place on earth.

Tips:

Near chic galleries, theaters, restaurants and shops: you’ll definitely run into someone famous in the TriBeCa, Greenwich Village and meatpacking district —

Speaking of famous, the hotel’s Gallery and Grand Bar & Lounge features the new ‘out there’ American cuisine like Maple Barbecued Quail and chocolate-dipped homemade graham crackers with brûléed meringue. Welcome to America!

Home ownership is a relatively rare and peculiar thing in New York City. In a nation that consists mostly of homeowners, the city stands apart: More than two-thirds of its households are composed of those who rent, rather than own, their dwellings.

The differences are not limited to ownership rates, either. Like the rest of America, New York has its single-family homes and its row houses. It also has condominiums, in which individuals own their apartments while common areas are shared. But, to a degree unheard of in the rest of the country, New York’s housing stock also includes cooperatives.

Co-op buyers technically own no real estate at all. A co-op, which is almost always an apartment, consists of shares in a corporation that owns the apartment building, combined with a “proprietary lease” that allows the owner to occupy an apartment indefinitely as long as the owner complies with the co-op’s rules.

In many parts of America, rules that New Yorkers accept as a part of life in the big city would be seen as almost unbearably intrusive. You cannot buy or sell a co-op apartment without approval from the cooperative’s board of directors – who often withhold that approval, and who are not required to give any reason for doing so. During the housing downturn, some co-ops had an informal policy of blocking sales because they thought the prices were too low; board members who had paid higher prices during the boom years did not want to acknowledge that the value of their own homes had decreased. When a co-op approves a sale, it also often skims off some of the proceeds via a “flip tax” it imposes on the transaction.

Many co-op boards limit the amount of financing a buyer can use. Some, especially in Manhattan’s pricier buildings, permit only cash transactions. Some co-ops welcome the cachet that celebrity buyers can bring; others loathe the paparazzi and gawkers they might attract.

You might think the city would cut co-op owners a break, considering all the hassles that come with this peculiar New York institution. But you would be wrong. Actually, the structure of the New York state property tax system penalizes owners of co-ops and condominiums. Their property is taxed at a substantially higher fraction of its fair market value than are individual homes. (In most states, tax rates are based directly on fair market value, with potential differences in rates according to whether property is a primary residence, a second home, or some other type of real estate. New York’s system is – by the state’s own description – Byzantine, fragmented and inefficient, as well as one of the most expensive in America. (1))

For the past 15 years, the state has offered relief to co-op and condo owners, in the city as well as in its suburbs, where most of the rest of New York’s multi-family housing is concentrated. This relief came in the form of a tax abatement that directly reduced the tax bills for most condominium owners. Co-op owners could only benefit indirectly, because co-op property taxes are paid by the co-op corporation, rather than by unit owners. Most co-ops pocketed the abatement money, but since the abatement helped defray the buildings’ maintenance costs, the unit owners still benefited.

Now, however, the state has tightened the abatement eligibility rules in a way that will probably trick many ill-advised owners into paying state and city income taxes that will cost far more than the abatement is worth.

On the other hand, the new rules will likely mean more business for New York’s probate lawyers. Given the way New York’s Legislature operates – aggressively seeking maximum revenue while doling out favors to well-connected interest groups – these byproducts of the abatement reform are probably not mere coincidence.

As The New York Times reported, Gov. Andrew Cuomo signed legislation earlier this year that will restrict the co-op and condo abatements to owners who declare the units as their primary residence. (2) If you own a co-op apartment in, say, Manhattan as a second home, you will pay a higher tax rate than if you owned a private home of equal value in Riverdale or Jamaica Estates. Those stand-alone homes need not be primary residences to qualify for their favored tax treatment.

Owning a co-op or condo through a trust or a limited liability company won’t qualify, either, though the city may make allowances for trusts whose beneficiaries can show that they use the home as a principal residence.

A lot of second-home owners are likely to figure that filling out a form or making a telephone call is a small price to pay for a tax break that could be worth a few thousand dollars a year. It is a move that I am sure many will come to regret.

The property tax break can be changed or ended at any time. Under New York’s draconian income tax policies, however, membership in New York’s highly taxed club of “residents” is very difficult to resign. You may try to get out, but they pull you back in.

Suppose you have a home in Connecticut and an apartment in Manhattan. If you declare your apartment as your primary residence, New York state and New York City will deem you a resident, and you will pay income taxes to both on all your income. If you still spend most of your nights in Connecticut, that state will also treat you as a resident. At most, each state will give you credit for taxes you pay on wages earned in the other, but all your investment income will be taxed by both states, and by the city.

It gets worse. Suppose you move to Florida, selling the Connecticut house but keeping the New York apartment. Maybe you spend most of your time working from your new Florida home and only come to Manhattan occasionally for meetings or to visit friends. Having already declared New York to be your domicile, the Empire State will continue to treat you as a resident even if you are there just a handful of days each year. The state’s system of adjudicating tax disputes is heavily skewed in the tax collector’s favor. The only reliable way to get rid of that New York domicile will be to get rid of the New York dwelling.

Owning a condominium in your own name will ensure that your estate must go through New York’s probate process. Your will then becomes part of the public record. Many property owners put their holdings in trust or in limited liability companies to avoid the cost and public exposure of probate. The new property tax abatement rules will lure some unwary owners into the New York probate system. Moreover, owning real estate directly will suck some out-of-state owners into New York’s estate tax system, too.

Should you put in for the abatement under the new rules? Sure, if you are a dyed-in-the-wool New Yorker who could never envision living anywhere else. In that case, take what the law gives you.

Everyone else: beware. You may not want to look a gift horse in the mouth, but if the horse is made of wood and somebody leaves it outside your castle door, think very carefully before you bring it inside.

Sources:

1) The New York State Department of Taxation and Finance, “New York’s Property Tax System”

2) The New York Times, “Tax-Abatement Changes Affect Many Unit Owners”

Aggravated Unlicensed Operation, commonly known among New York traffic lawyers as AUO, is a crime here in New York State. The most commonly charged AUO offense is AUO 3rd, or Aggravated Unlicensed Operation in the third degree. This usually happens when someone is driving with a suspended license.

Typically, the defendant got a ticket somewhere and did not make sure the ticket was resolved. In most cases they simply ignored it. In others they did communicate with the Court to some extent, but did not follow up properly. If the Court decides that the defendant has failed to “appear” (by not responding at all or not showing up when you’re supposed to), or failed to pay the fine, the Court notifies the DMV of a “scofflaw”. The DMV sends out a suspension notice to the address it has for the defendant. The notice gives 30 days to correct the problem.

In some cases the defendant gets the notice and ignores it, leading to the suspension. In what seems like more cases, the defendant has moved, did not notify DMV of the new address, and did not put a forwarding order in with the post office. In these instances the defendant really did not get notified of the suspension, but that does not save you from the consequences. You have a duty to notify DMV of your address, and it’s really just common sense to make sure you have mail forwarded by the post office.

We are usually able to get these AUO charges reduced to lesser offenses. First we help our client get any suspensions cleared up. Then we talk to the prosecutor and the Court. Two common reductions are “Unlicensed Operator” and “Facilitating Aggravated Unlicensed Operation.” The latter is generally better, as it does not put you behind the wheel of the car and we think it’s better for insurance purposes, though it does carry a larger fine.

There are places where the judges or prosecutors will not agree to reductions, so it’s really best to make sure you follow up on your tickets.

There are higher level offenses, AUO 2nd and AUO 1st. These typically involve driving with many suspensions, or some connection with alcohol. They are treated more seriously by most courts and prosecutors. In our experience these cases are rare.