Daily Record (Rochester, NY) articles from April 2003

Daily Record (Rochester, NY) archives from April 2003

Intoxication insufficient to negate 'intent'.
April 1, 2003... Byline: Helen Nguyen Was the evidence sufficient to support the petitioner's convictions for assault and resisting arrest? Should habeas corpus relief be granted on the grounds that the petitioner's intoxication negated proof of intent?...

USA Patriot Act subject of continuing legal ed. course on April 11.
April 1, 2003... Byline: Daily Record Staff On Friday, April 11, 2003, area attorneys can get in-depth information on the new Patriot Act and Constitutional issues in wartime. The Rochester Chapter of the University at Buffalo Law Alumni Association is...

Rochester Legal Briefs April 1, 2003.
April 1, 2003... Byline: Daily Record Staff In the March 21, 2003 decisions handed down by the Appellate Division, Fourth Department, several accident cases were resolved, including procedural issues relating to an incident where a town snowplow hit a...

West explains legal publishing to Russian visitors.
April 1, 2003... Byline: Nora Jones Fundamental to the American legal system is the principle of stare decisis -- that judicial decisions should stand as precedents in the resolution of future legal issues. Thus, it is difficult to explain the importance...

U of Buffalo alumni gather to welcome new admittees to Rochester.
April 1, 2003... Byline: Nora Jones Of all the law schools represented by lawyers and judges in Rochester, the State University of New York at Buffalo School of Law is the most prominent alma mater. Following a tradition set many years ago, the...

NY State legislature prohibits smoking in virtually all public places.
April 1, 2003... Byline: Daily Record Staff Amending the New York Clean Indoor Air Act of 1989, the New York State legislature has agreed to prohibit smoking in virtually all workplaces and public places, including restaurants, schools, daycare centers,...

Federal district court finds jurisdiction over London-based insurer.
April 2, 2003... Byline: Deborah Fauver May a London-based insurer avoid suit in New York federal district court by claiming lack of personal jurisdiction? Not if company representatives came to New York three or four times to work out the details, and/...

Suppression of statement not warranted based on arraignment delay.
April 2, 2003... Byline: Jill Miller Was a delay in the defendant's arraignment intentional in an effort to undermine his right to counsel, thus, making his statements to police involuntary? This was just one of the issues before New York State Supreme...

Niagara County honors late Angelo DelSignore.
April 2, 2003... Byline: Daily Record Staff The Niagara County Civic Building was renamed the Angelo A. DelSignore Civic Building in a special ceremony on March 21, 2003. DelSignore was appointed the chief clerk of the Niagara Falls City Court in 1972...

Colorful legal history nets $4,300 for Foundation of the Monroe County Bar.
April 2, 2003... Byline: Daily Record Staff As a result of a fundraising collaboration engineered by J. Coyne O'Brien, the Foundation of the Monroe County Bar has received $4,300 from sales of Reminiscing, a book recounting interesting personalities and...

NY State Court of Appeals lists filings for Feb 28-March 6, 2003.
April 2, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

U of Buffalo Law alumni to honor six at annual dinner.
April 3, 2003... Byline: Daily Record Staff Five graduates of the University at Buffalo Law School will receive Distinguished Alumni Awards for their valuable contributions to the legal profession and community at the 41st annual UB Law Alumni Association...

Court looks at three-year look-back rule on income tax payments.
April 3, 2003... Byline: Nora Jones Where debtor's liabilities included delinquent 1998 income tax payments, does the three-year look-back rule save the debtor from forfeiting his 2001 income tax refund to offset that tax debt? Reviewing both the...

NYPD settles homeless arrest case.
April 3, 2003... Byline: Daily Record Staff In a settlement submitted to a federal judge for approval, the NYPD has adopted and agreed to maintain strict written policies prohibiting police officers from singling out the homeless for arrest. The settlement...

Plaintiff's work activities fall within Labor Law [section] 240(1).
April 3, 2003... Byline: Jill Miller Was the plaintiff engaged in work activities that constitute an alteration of a building as defined in Labor Law u 240(1)? In Andrew W. Panek, et al. v. County of Albany, et al. the plaintiff appealed an order of...

Mengel Metzger Barr & Co. hosts 'Heart of Gold' fundraiser.
April 3, 2003... Byline: Nora Jones For the fifth consecutive year, Mengel Metzger Barr & Co. organized a fundraising lunch for the Heart of Gold Children's Foundation. And for the fifth year in a row, the partners of the accounting firm were part of the...

Pony's 'vicious propensities' not sufficiently established.
April 4, 2003... Byline: Jill Miller In a case where a child is injured by a domestic animal brought to a picnic, did the defendant fail to take adequate precautions to ensure that children would not be injured by the animal? Is the defendant liable based...

NY Court of Appeals lists filings for Feb. 28-March 6.
April 4, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Monroe County holds tribute to court deputies.
April 4, 2003... Byline: Nora Jones In an on-going effort to recognize the valuable service provided by the Monroe County officers who ensure safety and security at the Rochester Hall of Justice, members of the judiciary gathered on Friday, March 21, 2003...

Negligence of NY State not established in construction site accident.
April 4, 2003... Byline: Nora Jones Did the claimant establish negligence on the part of the defendant and a causal connection between the fatal accident and the State of New York's construction site operations? The New York Court of Claims reviewed...

U of Rochester to compete in national mock trial tourney.
April 4, 2003... Byline: Daily Record Staff In just its fourth year of renewed existence, the Mock Trial Organization at the University of Rochester is headed to a national championship tournament. Students will travel to Eastern Kentucky University to...

Judge to be removed for misappropriating funds.
April 7, 2003... Byline: Jill Miller Should a town judge be removed from office even though his misconduct related to his practice of law and not his position on the bench? The New York State Court of Appeals was called upon to review a determination...

Monroe County district atty. announces his retirement.
April 7, 2003... Byline: Helen Nguyen As the longest serving district attorney in the 182-year history of Monroe County, Howard Relin announced that he will not seek a sixth term as district attorney. "After a great deal of care and a great deal of...

Hostile work environment claim time-barred.
April 7, 2003... Byline: Helen Nguyen Is the plaintiff's claim of hostile work environment sexual harassment time-barred or does it meet the exception for "continuous practice and policy of discrimination"? Upon the defendants' motion to dismiss the...

NY State bar to consider overhaul of ethics rules.
April 7, 2003... Byline: Daily Record Staff Work has begun to overhaul and modernize rules governing the daily ethical and business behavior of New York's 137,000 lawyers by the New York State Bar Association's (NYSBA) 23-member Committee on Standards of...

Disciplinary bias against small law firms?
April 7, 2003... Byline: Daily Record Staff Are solo and small firm lawyers more susceptible to having a client file a complaint against them than big-firm lawyers? Do minority lawyers face an inherent disciplinary bias? In this month's American Bar...

Rochester Legal Briefs April 7, 2003.
April 7, 2003... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions, the panels were not always unanimous in their conclusions. In a criminal appeal, the issue was whether the defense attorney at trial had sufficiently preserved...

Banking law doesn't annul common law.
April 8, 2003... Byline: Jill Miller Does the 1978 amendment to Banking Law u 576 repeal the common law rule that cancellation of an insurance contract becomes effective when it is received by the insurance company? The New York State Court of Appeals...

Commentary: Doctors' lobby day won't resolve malpractice insurance issues.
April 8, 2003... Byline: Lorraine Power Tharp Physicians from across the state have now had their day in Albany to plead with legislators for systemic change in our malpractice tort laws. In reviewing the physicians' laundry list of supposed inequities, I...

Women's Bar hosts reception for Administrative Judge Sharon Townsend.
April 8, 2003... Byline: Nora Jones In honor of Judge Sharon Townsend's appointment as the Administrative Judge of the Eighth Judicial District, the Women's Bar Association for the State of New York, Western New York Chapter held a reception at The Mansion...

NY atty. spends vacation trips as photographer.
April 8, 2003... Byline: Nora Jones With a long-standing goal to help people, Jeffrey M. Freedman often donates his photographic achievements to various not-for-profit organizations to help them raise funds through silent auctions and sales. Anyone who has...

Rochester Legal Briefs April 8, 2003.
April 8, 2003... Byline: Daily Record Staff The Fourth Department's decisions released on March 21, 2003, included several split decisions. In a personal injury appeal, the issue concerned the proper disclosure and authentication of a surveillance...

Bankruptcy: Fraud settlement claim may be nondischargeable.
April 8, 2003... Byline: Deborah Fauver May a bankruptcy court look behind a settlement agreement executed by state court litigants to determine whether the settlement money promised was "obtained by fraud" and therefore nondischargeable in bankruptcy?...

ABA calls for changes in asbestos related lawsuits.
April 8, 2003... Byline: Daily Record Staff The American Bar Association called on Congress to establish a clear and objective medical standard that claimants would be required to meet before filing an asbestos-related lawsuit and to adjust statutes of...

Cheating students would pay big fines.
April 8, 2003... Byline: Daily Record Staff Another new area of legislation spawned by the age of technology was the subject of a recent bill passed in the New York State Senate. Sponsored by Sen. Kenneth LaValle, Senate Bill 298 would prohibit the sale of...

Matthew Fusco to teach labor studies program for Cornell.
April 9, 2003... Byline: N.Y. Daily Record Staff Matthew J. Fusco of Chamberlain D'Amanda Oppenheimer & Greenfield will be teaching "The Law in the Workplace" at Cornell University School of Industrial and Labor Relations (ILR) at the ILR extension in...

Jurisdiction for habeas corpus relief lacking.
April 9, 2003... Byline: Nora Jones Does the U.S. District Court for the Western District of New York have jurisdiction over the petitioner's habeas corpus request? In Anthony Whitter v. Charles Mule, Director Buffalo Federal Detention Facility, U.S....

NY State's single publication rule applies to Internet.
April 9, 2003... Byline: Jill Miller Does New York State's single publication rule apply to Internet publications? Were the statements in an article defamatory to the plaintiff? These were the central questions before the U.S. Court of Appeals for the...

Buffalo: ABA's president-elect to speak on diversity.
April 9, 2003... Byline: Daily Record Staff Dennis W. Archer, former Mayor of Detroit and president-elect of the American Bar Association, will be the keynote speaker at the Bar Association of Erie County's Law Day Luncheon scheduled for Monday, April 28...

NY State Court of Appeals lists filings for March 7-13.
April 9, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Matthew Fusco to teach labor studies program for Cornell Univ.
April 9, 2003... Byline: Daily Record Staff Matthew J. Fusco of Chamberlain D'Amanda Oppenheimer & Greenfield will be teaching "The Law in the Workplace" at Cornell University School of Industrial and Labor Relations (ILR) at the ILR extension in...

Guardian, fiduciary services website now available.
April 10, 2003... Byline: N.Y. Daily Record Staff The New York State Unified Court System's Office of Guardian and Fiduciary Services has announced the creation of a new web page with guardian and fiduciary services information, located at...

Suppression of statement denial upheld.
April 10, 2003... Byline: Jill Miller Should the defendant's statements be suppressed on the ground the radio transmissions the police received were insufficient to justify the stop of his vehicle? Can the defendant raise this argument on appeal even though...

Consultants group presents seminar.
April 10, 2003... Byline: Nora Jones Keynote speaker Sandra Beckwith, of Beckwith Communications, was among the presenters for the all-day seminar on Tuesday, April 8, 2003, held at the Radisson Hotel in Rochester. "Starting and Developing Your...

Rochester Legal Briefs April 10, 2003.
April 10, 2003... Byline: Jevona Gilmore Motion Denied The motion to dismiss the indictment against the defendant is denied. Sufficient evidence was presented to support the indictment. People v. Natasha Snow, Ind. No. 734/02, New York State...

New legal theory still barred by res judicata.
April 10, 2003... Byline: Nora Jones Where the plaintiff asserts a new legal theory in a federal court, does the doctrine of res judicata preclude him from proceeding against the same defendants that he sued in a prior state court action? Should...

ABA objects to suggested changes to federal sentencing guidelines.
April 10, 2003... Byline: Daily Record Staff The American Bar Association has urged Congress to reject legislation that would radically alter federal sentencing guidelines and gravely undermine the ability of federal judges to use their discretion in...

New election results for Columbus Home Association stand.
April 11, 2003... Byline: Jill Miller The results of a new election held by members of the Columbus Home Association of Rochester will stand. In Merton Huck, individually, as Grand Knight of Council #178, as member of the Columbus Home Association of...

NY Court of Appeals lists filings for March 7-13, 2003.
April 11, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

'Insanity' tolling provisions do not apply to plaintiff's mental illness, court rules.
April 11, 2003... Byline: Helen Nguyen Where the plaintiff has a diagnosed mental illness and failed to file his complaint within the statutory time period, should the plaintiff's claim go forward pursuant to the "insanity" tolling provisions of NY CPLR u...

Chief Judge Kaye forms panel charged with improve jury service.
April 11, 2003... Byline: Daily Record Staff Chief Judge Judith S. Kaye has formed a Commission on the Jury -- a special panel charged with finding ways to better utilize the time of citizens who report for jury service -- following a study revealing that...

Continuing legal ed. program focuses on intellectual property.
April 11, 2003... Byline: Nora Jones The Business Law Section and the Intellectual Property Committee teamed up to present a three credit-hour continuing legal education program on Wednesday, April 9, 2003 at the Monroe County Bar Center for Education. ...

Geneva General Hospital loses bid for higher dialysis medicare reimbursement.
April 14, 2003... Byline: Deborah Fauver Can a hospital on the edge of the Rochester Metropolitan Statistical Area (MSA), and within 45 miles of seven other Rochester-area facilities, be considered an Isolated Essential Facility (IEF) under the Medicare...

Too soon to dismiss claims against Cheektowaga officials.
April 14, 2003... Byline: Nora Jones Where the plaintiff alleges infringement of his civil rights due to town officials altering court documents, has he pleaded enough specific details to withstand defendants' motion to dismiss? U.S. Magistrate Judge...

Greater Rochester Assn. for Women Attorneys elects officers.
April 14, 2003... Byline: Nora Jones Marian Payson, current president of the Greater Rochester Association for Women Attorneys, led the April 9, 2003 meeting that included the election of GRAWA officers and a vote on the officers proposed for the Women's...

N.Y. State Bar Association presents 2003 legislative program.
April 14, 2003... Byline: Daily Record Staff Mindful of a fiscal climate that may provide for a record state budget deficit, New York State Bar Association (NYSBA) President Lorraine Power Tharp unveiled the 2003 legislative agenda for the 70,000-member...

Lawyers for Learning program celebrates 10th anniversary.
April 14, 2003... Byline: Jill Miller Members of the legal community turned out in full force to help the Monroe County Bar Association celebrate the 10 year anniversary of the Lawyers for Learning Program. The MCBA hosted a reception to thank...

Brighton residents lack standing in 'back door' attempt to close abortion clinic.
April 15, 2003... Byline: Nora Jones Does the petitioner have standing to bring this proceeding, seeking to annul administrative approval of construction of a berm on property located in the Town of Brighton? The New York State Supreme Court, Appellate...

Eighth Amendment claim not established.
April 15, 2003... Byline: Helen Nguyen Where the plaintiff alleged that he was "assaulted" by officers, did the plaintiff provide sufficient evidence to support his claim that his constitutional rights under the Eighth Amendment were violated? In...

Erie County panel shares experience of prosecuting first Violence Against Women Act case.
April 15, 2003... Byline: Jill Miller Monroe County Family Court and the U.S. Attorney's Office held a joint all day conference last week to explore "Advanced Issues in Enforcement and Issuance of Orders of Protection." The program, held on Thursday,...

Annual sports gala benefits Dimitri House.
April 15, 2003... Byline: Nora Jones Dimitri House, Inc. was the designated beneficiary of the 2003 New York State Sports & Entertainment Celebrity Gala which was held on Thursday, April 10, 2003. A silent auction, live auction and dinner were all...

Home sales rebound in March, reports The Realtors.
April 15, 2003... Byline: Jill Miller Home sales jumped 13.1 percent in March compared to February. According to the Genesee Region Real Estate Information Service, the information division of The Realtors, 681 homes were sold last month compared to 602 in...

Failure to segregate inventory becomes contentious issue in bankruptcy action.
April 16, 2003... Byline: Nora Jones Are officers of the debtor company liable for contempt where the debtor did not properly segregate inventory pursuant to a court order? If contempt is established, what sanctions should be imposed and how should...

Buffalo, Rochester attorneys write criminal law dictionary.
April 16, 2003... Byline: Daily Record Staff An attorney from Erie County and one from Monroe County have joined together to compile a book of criminal law expressions. Criminal Law Slanguage Of New York was published in April 2003 by Gould...

New York legislature endorses Office of Court Administration proposals.
April 16, 2003... Byline: Nora Jones The New York State Office of Court Administration (OCA) proposed legislation that would expand the equity jurisdiction of city and district courts and would amend the Surrogate's Court Procedure Act. Both bills cleared...

Motion for partial summary judgment granted.
April 16, 2003... Byline: Jill Miller Does a tank which was being disassembled constitute a structure within the meaning of Labor Law u 240? Should the plaintiff's motion for partial summary judgment be granted? In Ronald L. Wright and Gail M. Wright v....

NY State Court of Appeals lists filings for March 7-20.
April 16, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Plea to disorderly conduct charge stands.
April 17, 2003... Byline: Jill Miller Did the criminal court lack jurisdiction to convict the defendant on his plea of Disorderly Conduct because the charge was not listed in the complaint nor was it included as a lesser included offense for purposes of...

Rochester atty. named fellow of American College of Civil Trial Mediators.
April 17, 2003... Byline: Daily Record Staff James E. Morris has been named a fellow in The American College of Civil Trial Mediators, joining an elite nationwide group of mediators and dispute resolution professionals known for their experience, skill,...

Continuing legal ed. program discusses USA Patriot Act.
April 17, 2003... Byline: Nora Jones The Rochester chapter of the University at Buffalo Law School Alumni Association sponsored a continuing legal education program on Friday, April 11, 2003, providing an in-depth discussion of the new USA Patriot Act and...

Marijuana charges are based on illegal search.
April 17, 2003... Byline: Nora Jones Did the police have probable cause to arrest the defendant? Was the warrantless search of the apartment legal under the circumstances? Did the defendant have standing to challenge the evidence obtained in the case? ...

NY Court of Appeals lists filings for March 14-20.
April 17, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Police had probable cause to stop defendant's car.
April 18, 2003... Byline: Jill Miller Was the evidence used against the defendant unlawfully obtained by police? Should this evidence be suppressed? These were the central issues before Monroe County Court Judge Richard A. Keenan in The People v. Mark...

U.S. District Court for the Western District of NY swears in new magistrate.
April 18, 2003... Byline: Daily Record Staff On the morning of April 14, 2003 Marian W. Payson was sworn in as the new U.S. Magistrate Judge in the U.S. District Court for the Western District of New York. With Judge David G. Larimer reading the oath, her...

NY Court of Appeals lists filings for March 21-27.
April 18, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Discriminatory animus not established in Fourteenth Amendment and ADA claims.
April 18, 2003... Byline: Helen Nguyen Did the plaintiff provide sufficient evidence to establish that the defendants violated his rights under the Americans with Disabilities Act (ADA) and the Fourteenth Amendment? This was the central issue that the...

Court of Appeals releases joint scheduling announcement.
April 18, 2003... Byline: Daily Record Staff The Clerk of the Court of Appeals and the Clerks of the four Appellate Division Departments have released the following joint scheduling announcement: The Departments have scheduled and reserved only the...

ABA comments on proposed lawyer conduct rules under Sarbanes-Oxley Act.
April 18, 2003... Byline: Daily Record Staff The American Bar Association continues to oppose a proposed Securities and Exchange Commission rule requiring either corporate lawyers or the companies they represent to report company activities to the SEC in a...

Commission formed to foster public confidence in electoral process.
April 21, 2003... Byline: Daily Record Staff Seeking to foster public trust and confidence in the state's judiciary and address concerns that judicial elections are being conducted in ways that threaten the independence and impartiality of judges, Chief...

Attorney's fees at issue in Chapter 7 case.
April 21, 2003... Byline: Nora Jones Where the debtor's attorney requested compensation for legal services, is he entitled to a portion of the sum to be paid from the debtor's estate because the services benefited the estate? In a Chapter 7 asset case,...

Litigation trends - Mold as the latest toxic tort.
April 21, 2003... Byline: Michael Perkins While the asbestos well has gone mostly dry, and specific exclusions for lead poisoning have already taken effect, mold contamination is moving to the forefront of toxic tort and premises liability litigation. ...

NY Court of Appeals lists filings for March 21-27.
April 21, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Bizarre accident not supported by Labor Law.
April 21, 2003... Byline: Jill Miller Is the plaintiff entitled to recover under Labor Law Sections 200(1), 240(1) and 241(6) after he was injured in a bizarre accident in which he was propelled into the air and over a truck by a jet of water from a power...

Interstate wine shipments under scrutiny.
April 21, 2003... Byline: Nora Jones In Beskind v. Easley, the U.S. Court of Appeals for the Fourth Circuit held that North Carolina's ban on direct shipment of wine from out-of-state wineries to North Carolina residents violates the Commerce Clause. This...