MLCommons/peoples_speech_v1.0 huggingface dataset:
probate exception deprives a federal court of jurisdiction step one is whether the property in dispute is estate property within the custody of the probate court and step two is if the plaintiff quire the federal court to assume jurisdiction of that property if the answer is yes to both then probate exception please let's look at step one of the marshall inquiry the r s department of treasury their state and give taxes title twenty six states as to any part there of or interest there in which the donor has so parted with the million and control as to leave him no power to change its disposition whether for his benefit or the benefit of another the gift is incomplete unquote please look it's complete i'm sorry it's complete please look at three fundamental pieces of evidence your honour's the petition for probate listed as its inventory and the executors deed the titian for probate that it shouldn't be and the probate court said that's let's worry about that no later proceeding that never happened and that's because i'm not so i maybe the state court should not have assumed custody in control but it wasn't d and others who may have participated in what you say is a fraud thousand was sworn to as truth under oath signed by doraine and all arise by mr memo on the list of assets inventory for lists my wife's aunt property as a probate  sixteen mr maimonides also ed it is name law firm address and phone number on that document and that is the court to please reference court district court document one exhibit b moving on honest the executors de falsely lists my father's estate as party of the st part and as the seller of my white stone property doreen is listed as the buyer and the seller of my whitestone property limone april twenty nine statement quote the specific issue of whether the whitestone property is an asset of the probate estate was never before the surrogate's court of queens county notice my judicial notice is showing the proper probate proceedings and showing the proper probate proceedings as followed in the law will case which include orders final counting affirmation legal services both of my claims the article yes well i thank you for your argument i think we we understand it and we will look back at the briefs and we have your your briefing so thank you very excellent argument thank you your own
year i'm just going to be a bad boy that's my only resolution i'm going to be a bad boy you but it's terrible way to st the new year but before we condemn our hero let us review the tragic events which were put him in this desperate frame of mind it all started with gildersleeve plans for summer fields annual costume ball when he got his costume he naturally wanted to this take my coat off it got to be getting right along home well go ahead and get the keys or i don't i don't think that would be fair gushy waited and never ask gosh i took it for granted that you and me i mean you and i and i took it for granted since i never heard from you that you didn't bite someone else right not another invitation to listen you sold me the tickets for this thing at a right to assume you're going with me would you tell me what you doing running around in my long underwear and the bass now look here young man what are you getting dressed up for anyway you're not going anyplace i'm not everybody else i'll be here with you my boy the only thing  up stairs and tell your sister to come down here where to land though i suppose that's your idea of a way to have a good time my idea of a way to spend new year's eve is just sitting quietly here by the radio laying plans for next year well ma and what you get for being a gentleman after all a nice thing to do for him all year and it chips are really down on his new year's eve what do you get left at home twiddling your thumbs while they're off cutting up somebody else you know well then here's some good news kraft helps to produce much more parquet this year of course some of the fine farm products from which parquet is made are still in short supply but the outlook is a lot brighter and as more of these wholesome farm products become available we'll be rushing parquet margarine to your dealer fresh country sweet and flavored the same fine quality as always so look for it in your favorite food store look first for the margarine of kraft this is months if you scuse me for a minute i have to go to the boys locker room sun if i can't even manage to be a bad boy plenty of milk and cream in it just add water a little trigger and phrase according to directions on the package france is made by an exclusive process that ripples of fresh cream flavor gives you ice cream that freezes smoothly flavor
let me give you me tell you what's troubling me about your case and see if you can help me take it out let's and we all agree that we deal with this is if because is if the federal government weren't involved in the sense that we're not dealing with sovereign i because of a prior judgment so google has served with it and the person's wages are garnished the person then moves to another state but google remains in california google remains his employer california if it has if it always money to the creditor or to the debtor must continue to pay under that water even if the debtor in effect flees the jurisdiction or go someplace else so i'm trying i'm trying to find in california law the wage order is invalid so so it seems to me unless i'm missing something my analogy is exactly the same somebody here somebody somebody who owed money to  shouldn't be should own longer be followed by the department because your client moved to another state and that boeing should no longer be able to collect money under that order and so i'm still having why why is that since the department of difference with the child in force with act is that under that act texas could force the california recall or you could force the california written texas without domestic yes i few want to work for the rangers yes so some guy said the whole purpose of his stand is to allow creditors to go to a single california that the garnishment could be enforced correct there was a period of time when he was still there
has first hand knowledge of how these procedures are done and the center unique position as an orthopedic surgeon to observe the body mechanics there it's same procedure that doesn't happen very often our practice  and the video showed a ninety pound elderly woman having the procedure or the testimony when you look at petitioners testimony she reports your supervisor because she's got burning pain because she's doing these echocardiograms and ultrasounds with her arm out and if you look at doctor emmanuel's testimony he firmly believes that she never gets to ninety degrees during these procedures and that's based upon the body i don't well the commission had all these you know various facts presented on either side and they because he didn't know that she was involved in running away but i mean you can argue that emmanuel relied on the video didn't adequately show what she did but they had all that and they went with a man i think it's more than  i think this is and we get right to the heart against the manifest weight and the heart of the matter is that you know by a position of sentimentality we have a specific breakdown that occurs whenever she can no longer do her job because of burning pain in the shoulder and i think that even looking at just that alone that was disregarded that was disregarded by the male disregarded by the commission i think going further beyond that i think there's testimony in the record that she sees the weight lifting that leads to more reasons to not only the man that he may know gave on cross examination as far as symptomatic pain during the procedure but also as to what his firsthand knowledge of her job  the significantly i spoke with her ability to perform hooked up the doctor made recommendations for changing how she performs a job specifically alternating hands now it is true she has been injured of course and our position is that there is no causal connection however we are not guaranteed the outcome the question of cost connection therefore we have to address any other potential issues know well and you and you tried to appeal that first decision however there was no jurisdiction because the circuit court remained of it to the commission correct that we and we did from the circuit court initially found here which was dismissed by those or as not timely
and the other was that you wanted present you obtained it knew what evidence following the the immigration hearing primarily the transcript underwater that was issued by the score with instructions for the board to determine whether or not the imprisonment the petitioner experience constituted torture under cat substantial evidence in the record supports the board decision that the treatment that the petitioner experienced did not rise to the level of torture the testimony and his asylum application indicated that he was in prison for a period of three months that he was held in an isolated cell he was however provided with food twice a day he was  held that torture has to rise to severe pain and suffering or some extreme form of cruel and inhuman treatment and in this particular case granted the petitioners time in the prison was not a pleasant experience it doesn't rise to the level of torture pursuant to the case law in this court he was found on a daily basis he was held in itself there's no evidence that he was tortured other than wasn't part of the record that was before the board when they originally heard the case and in addition he had been served with notice of when his brief was due and fail to file the brief in a timely manner  that somehow that the price seemed to alter as as time as the time for his brief to be filed became her however looking at the attorney's response to the letter that the petition able to find it i advise you to go to the ninth circuit to get a copy which which the petitioner did do he did receive a copy of of the administrative records from the ninth circuit and once the counsel received once the counsel found the administrative record he provide it to the petitioner and i'm not positive on this point but i do believe that it was prior to him filing his briefs the other claims were ineffective assistance of counsel or the basis for the claim is that that the attorney apparently told him the wrong due date for four when his brief was to be filed and the attorneys response to that was again i wasn't retained to represent you at that point we may have had it of a discussion about when generally don't count on what i'm saying to you right now because i don't know for sure what to do data is you need to find that out for yourself which is in the counsel's response that's that's what he said he did he made it clear to mr morris up that he was no longer representing him and that mr morrison was responsible  there was another basis for his motion to reopen which is pretty clear it was in his handwritten motion group and he refused to grant you that certain ground does not is not even mentioned in the v i i order well your honor it could be argued that and what do you make of this additional evidence well the third point is that it's clear that the additional evidence would not be considered new unavailable evidence it was that is that  correct your honor however that wasn't available at the time of his that transcript was not available at the time with his hearing i believe your honor that that the show though had aired at the time that the at the time that he i think we're familiar with
is there any medical evidence in the record from his or any expert testimony that would serve to discredit the employees of version of what happened here  we to do what is the commission to do in that circumstance they have the employee giving this recitation of what has occurred and if the memory is coming back over time they pined it to be reasonable in terms of well i think it goes beyond the medical evidence i think you look at his testimony here remember i tripped over this piece of wood and compared that to other non medical evidence to determine whether or not it's credible but what is the other non medical evidence that supports your claim that you're referring to with the history which is in the emergency room but i wouldn't call it that part of the history of his medical evidence in the first emergency room record he's there and he doesn't have any recollection of what happened his coworkers are there with him that's consistent with  front country but he couldn't it given that history because he didn't have any recollection right the people who didn't have a recollection in the people who were suffering from a trauma are the ones that gave that information and were they there were they i would know when they brought him to the hospital and i think it's if i want to get something that's useful i think it's a reasonable inference that since they were the ones that took him to the hospital and they say that they found him on concrete that they had that important that you know the answer and and i don't want to put you on the defensive but to me it's the six million ten million dollar question i might be more quiet in all to get into your credibility argument if you can answer this question was there any evidence presented  he didn't tell if either of the two doctors he treated with after a time he had before he remembered everything i think that's a typical burn from the overcome in saying that he he's credible that he was given a tru yes and there's there's a lack of cooperation in the other evidence so it's not just his testimony it's the emergency room record it's the failure to write history to the doctors after he claims he knew trips you these things combined together i think lead to the conclusion that he found a credible witness in the commission had had to make his own reasonable inferences or speculate to buy into his story  none of that no evidence in the record where somebody is disputing the mechanism of injury where i some of the some position of saying well assuming everything he says is true it could not have caused the kind of injuries that these medical conditions and the simple fact of the matter is the arbitrator decided in the commission agreed that he had short term memory loss he recovered his memory
with today every year throughout the united states hundred children both boys and girls have become victims of child molesters which i still refer to a strength that you can do to help yourselves from becoming victims first of all do not play a deserted place by yourself do not accept money candy or strangers do not play around or go into isolated restrooms  girl you better notify her parents and i'll stay  you have all seen the pictures and all that would have a happy ending remember this could have happened and is happening so let's be careful remember what you have seen and heard do not let your guard down for a minute thank you so much for your attention
plastic bag ban speaking a bag right the stock market dove five hundred points president trump has been reelected president of twitter and dried rocks are falling from the sky more on that later after we watch what's coming up this weekend on the belmont media center welcome to sports you're distracted me jeff oh and now it's time for sports now it's time for sports or what do i say tell me and now it's time for sports santa was there as were and and manny and mike tim in this segment edited by julie dissed decent stuff a no no no no no it didn't work what did i say wrong it just didn't come out right sorry multimedia journalist with the belmont citizen herald as well as work of local belmont and we have award winning senior multimedia journalist joanna jubilance of the citizen herald as well as wicked local belmont welcome to this week yet we're talking about yes or no or those this week about traffic and why is it so bad they've been they've been a controversy since they started sidewalks back in the eighteen eighties and that means change comes t duncans and donut recommendation by the superintendent's vocational education options working group that has an acronym yeah which we don't have enough time in right exactly and it was nice if you're a political junkie and i know there's a few out there in belmont this is christmas and new years put together i guess we can now call it weed wednesday is a traffic hell some days no matter how hard you try things don't walk out frankly in detail gives frankly detail gives us the t the clock is ticking on we can't fully count each minute we spent so show has to lasts less than thirty minutes and that could be tricky but i'm four minutes really disappears quickly yeah yeah sorry yeah where it almost six crap let's do it again i sound so demanding i need the clock moved about i think ok you know i thought you meant wrap it up
lot of those instances of discipline that you're referring to judge fletcher our attendance related and wasting time related but i think the single most significant predecessor disappoint is the fact he got a disciplinary suspension for sam and you know plus whatever else they have some of the things been fairly remote that they bring in that they're arguing given the whole picture circumstantial evidence creates a genuine issue let me turn to the promotion claims and deal with a couple of the points that council made all the planes are time barred it's not most of them it's all of them every one was more than three years later i have two arguments the first is i agree with that the one that the time runs when the decision is made and when it's when he he took the job he was sitting at the desk or standing at the machine performing the job and that was on the twenty second of august  that's when the time starts to run in more than three years thereafter went by before the complaint was filed and so i don't think the knowledge on the on the individual's part it matters but even if it did matter there's not any admissible evidence here counsel counsel made first as far as a silk hat declaration is concerned as a judge will point out that's years and years in the past but it has nothing at all to do first of all with the retaliation point there's not a word about retaliation in there but second it doesn't have anything to do with the rebound promotion claim because she was a long long gone before any decision even the cabinet decision which was the most recent one  regarding the evidence that mr prayed didn't know that it was plaintiffs who had complained about him and that is in mr hernandez's declaration where he states that pra speaking with the victim and directed him to go elsewhere and praise added to toward plaintiff became more hostile actually saw him talking with the victim would look at in hatefully whenever he saw pla it is true that he's got a situation where he's in countering in the workplace this woman and mr gray's supervisor gives him kind of a harsh direction get away from  stop talking to her and how does that i mean that that could mean hundreds of different things why does it mean that that means prey knows hernandez complained and the inference being taken in favor of the plaintiff in this case is that mr prey was on happy he saw him unhappy that plaintiff was talking to the victim who also was crying and  that from that the court can infer that mr prager was suspicious and angry did not want them talking about the sexual harassment and film based upon that
what led to these people mr higgins and others others are involved yes but mr higgins finally saying you know i've had enough of this repeated series of citations from the city and that's how i get the city had these photographs that were essentially taken by someone working for the city and they were photographs of the property and he had only was it at the bench i case really gets down to foreigners and it's only first people live in that city that are charged with code violations but they have a clear understanding of what's before the bench trial there was a motion to dismiss five in january twenty seventh that provides the specificity of the allegations in response that motion to dismiss the judge they should need to conduct discovery mr higgins received copies of all the photographs presented in connection and proof that evidence is never presented the party appoints the evidence must quote them jack the lack of proof tying the evidence introduced and later removing the objection and making a timely motion to strike that's simply not in the record that's a result of the fines your honor is over six thousand dollars the judge determined it was ten dollars per day for the first couple hundred twenty days before the actual trial and then twenty five dollars per day after the date he specifically instructed capacity the judge says she's she's missing and that would encompass she's tracy that's the basis for maybe city counsel that it would be proper for this court to reduce the amount of time by seventy five percent i would disagree with your letter especially in light of the trial court's determination of how he sat by you know we're not talking if you said there's only one violation ten dollars for that car that is out there up to some point and then twenty five dollars thereafter if you did that for the car you refuse trashing joe wouldn't you end up with
my film look at my buffalo
poll for the parking the other right there since we should provide good affordable transit for those that don't have those dollars let me rephrase the question to you and i think this is the question we should ask other people why in this day and
in the classified phone directory or perhaps you know him personally he'll arrange a test drive in a fifty ford test drive it for comfort but power for safety and for the quietness which is its mark of quality yes before you buy any low priced field and it's personal experience that counts and buying a car that's why the ford dealer is of america are issuing this special invitation to test drive this new fifty four boy yourself in the classified phone directory you'll find the detail of its fifty ways knew for certain but until you get behind the wheel you won't be able to believe how good it is that's the reason we want you to test drive the fifty ford classified phone directory will give you the name of the nearest ford dealer or perhaps you know
the distinction is that my client was not afforded a full and fair hearing the first time around and had no access to to just full review of that order of the time that which the order applied he was immigration judge was wrong about the state of the lot that time i think it was it was just mistaken about the law that there had been no pronouncement on whether a felony non injury d made for the portable removable offense at that time the immigration judge decided that it did and somebody mr guzman's position simply could not have constructed an argument against that and asserted his rights far there should be even more stringent requirements as we know in a criminal context you're required to stablish all various types of requirements before you can even attack an order in a criminal proceeding immigration order so here there is a detrimental reliance argument and i think a specific performance argument that arises because mr guzman nyc mr st cyr pleaded guilty and had should have been able from the from the conviction and never come it does not come to pass and in part it doesn't come to pass or it doesn't come to pass because there is no if you just review that's available to him as we went through in the first part of the argument he wouldn't have gotten me that somebody in the service mongst edition would not have gotten just judicial review and humans deported for an offense that is not deemed to be an aggravated felony and was never deemed to be and i created felony except by the immigration judge who initially should be removed from ord