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Thread: Ruth Breidenstein's Penny Save Ad

  1. #61
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    I do not claim to be know the difference between an opinion or decision. Judge Sirkins opinion was issued. It was not favorable to Piotrowski stating HIS failure to Supervise. Decision, Opinion the individual understood the answer and attempts to play games with the truth when he reads it, I do have the synonym for opinion


    4. (2) opinion, legal opinion, judgment, judgement

    (the legal document stating the reasons for a judicial decision; "opinions are usually written by a single judge")

  2. #62
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    Quote Originally Posted by SOMETHING SMELLS View Post
    I do not claim to be know the difference between an opinion or decision. Judge Sirkins opinion was issued. It was not favorable to Piotrowski stating HIS failure to Supervise. Decision, Opinion the individual understood the answer and attempts to play games with the truth when he reads it, I do have the synonym for opinion


    4. (2) opinion, legal opinion, judgment, judgement

    (the legal document stating the reasons for a judicial decision; "opinions are usually written by a single judge")
    What legal standing in reference to the question of removing elected officials in this case does the opinion carry at this point in the proceedings?

    I'm asking because I dont know, it seems since there has been no court decision on the case up or down it holds little if any unless validated by the court, and is currently being mis-interpreted as and actual decision with standing and used in a campaign....... I could be wrong

  3. #63
    Member dtwarren's Avatar
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    Quote Originally Posted by yokes View Post
    What legal standing in reference to the question of removing elected officials in this case does the opinion carry at this point in the proceedings?

    I'm asking because I dont know, it seems since there has been no court decision on the case up or down it holds little if any unless validated by the court, and is currently being mis-interpreted as and actuel decision with standing and used in a campaign....... I could be wrong
    The Referee's report is not binding upon the court, but is rendered "merely 'to inform the conscience of the court'" ( Matter of Gehr v Board of Educ. of City of Yonkers, 304 NY 436, 440), and the court remains untrammeled in its review and consideration of the record presented. The report of a referee should be confirmed if the findings therein are supported by the record. ( Matter of Holy Spirit Assn. v Tax Commn., 81 AD2d 64.) As the court declared in that case: "Generally, New York courts will look with favor upon a Referee's report, inasmuch as the Referee, as trier of fact, is considered to be in the best position to determine the issues presented." (Supra, at pp 70-71.)

    Currently there are motions and cross-motions to reject/confirm the report based on various arguments. At this point the weight each person gives it is based on their individual opinion of whether the evidence supports it or not. All the evidence is public including the transcript of the hearing. Unfortunately due to the gag order the merits of each sides' repective arguments on the motions and cross-motions cannot be discussed in public thereby depriving the public of the opporunity to weigh those positions.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  4. #64
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    Quote Originally Posted by SOMETHING SMELLS View Post
    I do not claim to be know the difference between an opinion or decision. Judge Sirkins opinion was issued. It was not favorable to Piotrowski stating HIS failure to Supervise. Decision, Opinion the individual understood the answer and attempts to play games with the truth when he reads it, I do have the synonym for opinion


    4. (2) opinion, legal opinion, judgment, judgement

    (the legal document stating the reasons for a judicial decision; "opinions are usually written by a single judge")
    Wow, THIS IS YOUR BRAIN ON DRUGS. Any questions?

  5. #65
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    see you at Tims

  6. #66
    Member TheLegendKiller's Avatar
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    Quote Originally Posted by dtwarren View Post
    Currently there are motions and cross-motions to reject/confirm the report based on various arguments. At this point the weight each person gives it is based on their individual opinion of whether the evidence supports it or not. All the evidence is public including the transcript of the hearing. Unfortunately due to the gag order the merits of each sides' repective arguments on the motions and cross-motions cannot be discussed in public thereby depriving the public of the opporunity to weigh those positions.
    So once the court rules on this motion everything will be unsealed? Any idea when this will happen?

  7. #67
    Member dtwarren's Avatar
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    Quote Originally Posted by TheLegendKiller View Post
    So once the court rules on this motion everything will be unsealed? Any idea when this will happen?
    It can happen at any time now.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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