Connors & Corcoran PLLC

Yam Gratin

Eileen Buholtz — Tue, 10 May 2011 20:56:24 +0000

(bake in 350-degree oven; total baking time about 1&3/4 hours)

1 onion finely sliced and sautéed in olive oil until transparent 2 cups evaporated milk or heavy cream 1 tsp kosher salt or ½ tsp regular salt 3 lbs yams, peeled and sliced ¼” thick 1 ½ cups grated cheese (cheddar, Monterey jack or Swiss, or a combination thereof)

1. Spray large (3-quart) casserole dish with nonstick spray (important; don’t skip this step).
2. Stir together evaporated milk (or heavy cream) and salt in large bowl. Add sliced yams to bowl, coating with milk/cream as you add them; make sure they are all coated.
3. Layer 1/3 of yams slices in baking dish. Sprinkle with half of the cheese. Repeat with another 1/3 of yams and remainder of cheese. Top with remaining yams. Pour any remaining milk/cream over top.
4. Place uncovered casserole on center rack of oven (bottom third of oven works OK if you need to bake something else on the top third) on a baking sheet (very important) to catch boil-overs.
5. Bake 30 min.
6. Remove from oven and press fork or spatula carefully against top layer to allow liquid to flow over “crust”. Replace pan in oven.
7. Bake 30 minutes more. Remove from oven a second time.
8. Press top layer to allow liquid to flow over top a second time, and replace pan in oven.
9. Bake another 40-45 minutes or until yams are tender.
10. Remove from oven and let rest 15 minutes before serving.

Fluffy Butterscotch Pudding

Eileen Buholtz — Tue, 10 May 2011 20:52:13 +0000

1 package fat-free sugar-free Jello butterscotch pudding mix
1 can evaporated milk + enough juice from canned pineapple that was packed in its own juice) to make 2 cups.

Mix together and beat with hand rotary beater several minutes. Spoon into three or four individual serving dishes and garnish with canned pineapple (optional).

Brown-sugar Brandy Rhubarb

Eileen Buholtz — Tue, 10 May 2011 20:51:06 +0000

4 c. sliced rhubarb
½ c. or more brown sugar
4 Tbsp. tapioca
¼ or more brandy

Mix all in top of double boiler. Place 2 inches of water in bottom of double boiler and place top pan on top of bottom pan. Heat water in bottom of double boiler until steam comes out from between the two pots. (Tapioca and fruit will have a chance to sit for enough time while water heats up before tapioca and fruit start to cook.) Turn down heat and simmer for 20-30 minutes. You can stir before serving but if you don’t stir, the rhubarb stays in distinct pieces.

Civil War Mac and Cheese

Eileen Buholtz — Tue, 10 May 2011 20:44:14 +0000

3 c. milk
11/2 c. elbow macaroni
3 Tbsp butter (optional)
½ lb grated cheddar cheese (approx. 2 cups packed)
Freshly ground black pepper
Grated nutmeg
Bread crumbs (or buttered bread cubes)

1. Heat milk in large sauce pan being careful that milk doesn’t scorch on bottom of pay. Stir in the dry macaroni. Simmer for 15 minutes or until done. Macaroni will absorb most but not all of milk.
2. Either melt butter in another sauce pan and stir in black pepper, nutmeg and cheese and stir cheese until melted or stir cheese and seasonings directly into macaroni and milk and skip the butter (it is rich enough without the butter).
3. Place mac and cheese into baking dish. Sprinkle top with breadcrumbs or buttered bread cubes and bake in a 375-400 degree oven until top is lightly browned.

Administrative denial of firefighter’s claim for benefits upheld where firefighter changed story of how injury happened and administrative denial was supported by substantial evidence, under collective bargaining agreement and NY Admin. Proc. §306(1) (COA 4/5/2011)

Eileen Buholtz — Thu, 21 Apr 2011 17:20:52 +0000

Claimant firefighter changed his description of the cause of his back injury from his original version given to his supervisor in his initial report of injury ( which was a defective air suspension in his seat) to a different version (which was hitting a pothole that caused the air-suspension seat to elevate and then shoot downwards, which he claimed at the collective-bargaining-agreement hearing challenging the district’s denial of his claim for benefits for a work-related injury). After the firefighter’s initial report, the district had had the seat inspected by the district’s mechanic and the manufacturer’s representative neither of whom found anything wrong. In its denial, the district attributed the firefighter’s back complaints to his two prior back injuries. Claimant’s neurosurgeon testified at the hearing that he would not causally related the injury to a work-related injury if the injury did not occur as the firefighter had claimed.

The district’s denial of benefits was upheld because it was supported by “substantial evidence”. “Substantial evidence” is such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact, and is less than a preponderance of the evidence. Substantial evidence requires only that a given inference is reasonable and plausible, not necessarily the most probable. The firefighter had the burden under the collective bargaining agreement and under NY Admin. Proc. Act §306(1) to prove that the denial was not supported by substantial evidence. The hearing officer was required to give deference to the district’s determination. The fact that there was also substantial evidence supporting the firefighter’s position was irrelevant so long as there was substantial evidence supporting the district’s denial.

Matter of Ridge Road Fire District, v. Michael P. Schiano http://bit.ly/fsvwSN (Ct. App. April 5, 2011) (four to three decision).

Sour Cream Chicken Strata

Eileen Buholtz — Thu, 14 Apr 2011 03:13:25 +0000

2 Tbsp butter
1/2 lb. French bread cut into 3/4″ cubes
2 Tbsp olive oil
1 small onion thinly sliced
2 large boneless chicken breasts cut into 3/4″ cubes
1 can fat-free or healthy request cream of condensed celery soup (NOT
diluted)
2 eggs
3-4 Tbsp French onion soup mix (dry)
3/4 cup sour cream (regular; do NOT use low-fat or fat-free)
4 oz cheese (Monterey Jack or cheddar or whatever) grated (~1 cup)

In 12″-inch oven-proof skillet, melt butter until it foams. Add bread cubes
in one go and toast in skillet stirring occasionally. Remove bread cubes
from skillet. Add olive oil to skillet and heat until fragrant. Add sliced
onion and saute.

Pear salad

Eileen Buholtz — Thu, 14 Apr 2011 02:58:56 +0000

1/2 torn salad greens per person
1/2 sliced fresh ripe pear per person, sliced in even slices
1/4 toasted walnuts (heat in dry skillet for 3-4 minutes) per person
Good Seasons zesty vinaigrette made per package directions with 2 Tbsp
grated Kraft Parmesan cheese added to thicken dressing.

Arrange lettuce on salad plate. Arrange pear slices in pinwheel pattern on
lettuce. Sprinkle on walnuts. Drizzle on a bit of dressing. Serve.

Zesty orange broccoli

Eileen Buholtz — Thu, 14 Apr 2011 02:41:56 +0000

Serves 4

16 oz frozen broccoli florets
1 Tbsp butter
1 Tbsp grated orange zest (fresh or dried)
1 Tbsp lemon juice or orange juice concentrate
1 clove garlic minced
1-2 Tbsp Dijon mustard
1/4 c walnuts toasted in dry skillet over low heat 4-5 minutes

Defrost broccoli and heat gently in microwave. In 10″ skillet, melt butter,
sautee garlic and orange peel, add mustard and lemon juice or orange juice
concentrate. Add broccoli to skillet and stir to coat until hot. Stir in
nuts.

Victim’s murder was an “accident” for UM and no-fault coverage

Eileen Buholtz — Fri, 01 Apr 2011 21:01:23 +0000

Victim’s administrator sought UM and no-fault benefits for the victim for an occurrence in which the uninsured driver struck the victim with the admitted intent of killing him. The driver was convicted of second-degree murder. Held: the term “accident” in the UM and no-fault coverage included the subject occurrence because the occurrence must be viewed from the insured’s prospective. Although the policy excluded some types of events from the definition of “accident”, nothing expressly excluded intentional conduct. State Farm Mut. Auto. Ins. Co. v. Langan (COA 3/29/11)
http://bit.ly/i6m48r.

Eileen Buholtz — Thu, 31 Mar 2011 16:09:25 +0000

CPLR 302(a)(3)(ii): In copyright infringement case involving the uploading
of a copyrighted literary work onto the internet, the situs of injury for
long-arm jurisdictional purposes is the location of the copyright holder.
SDNY therefore had jurisdiction over suit since the principal place of
business of plaintiff-copyright holder was New York City. Defendant was an
Oregon not-for-profit corporation whose principal place of business was in
Arizona which had electronically copied and uploaded complete copies of four
of plaintiff’s copyrighted books onto defendant’s website in Oregon and/or
Arizona. The out-of-state location of the infringement was less important
where digital piracy is involved because of the works’ instate availability
to everyone in the country and the world. Penguin Group (USA) Inc., v.
American Buddha, (NY COA 3/24/11). http://bit.ly/eIPBoz.