Daily Record (Rochester, NY) articles from April 2004

Daily Record (Rochester, NY) archives from April 2004

Speeding ticket tossed out for failure to file supporting deposition in timely manner.
April 1, 2004... Byline: Jill Miller Should the defendant's traffic ticket be dismissed on the grounds that the supporting deposition was not served within 30 days after the defendant requested it? Was the defendant's request for a supporting deposition...

Defendant's motion to suppress evidence denied.
April 1, 2004... Byline: Helen Nguyen Was there probable cause for the search of the defendant's apartment? Was there sufficient justification for a "no-knock" provision in a search warrant that allowed police officers to enter the apartment without...

Third Judicial Department amends Rules of Practice.
April 1, 2004... Byline: Staff Effective July 14, 2003, section 800.23 of the Rules of Practice of the Appellate Division, Third Judicial Department (22 NYCRR 800.23) are amended to read as follows: 800.23 Fees Of The Clerk Of The Court (a) Fee...

Rochester law firm relocates offices to Brighton, adds to staff.
April 1, 2004... Byline: Staff Kaman, Berlove, Marafioti, Jacobstein & Goldman, LLP has moved its offices from downtown Rochester to Corporate Woods in Brighton. In addition, the firm has added a new partner, Jennifer Fazio. "We are especially...

NY State Court of Appeals lists filings from Jan. 30-Feb. 5, 2004.
April 1, 2004... Byline: 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 reach decision on...

Rochester Legal Briefs April 1, 2004.
April 1, 2004... Byline: Staff In Appellate Division, Fourth Department civil decisions, the court addressed issues involving summary judgment in a slip and fall case, and whether speeding was a proximate cause of a pedestrian's death. CIVIL DECISIONS...

Errors lead to remand of disability benefits case.
April 2, 2004... Byline: Helen Nguyen Where the plaintiff claimed that she was disabled due to neck and back pain, fibromyalgia, heart problems, depression and myotonic dystrophy, was there substantial evidence to support the administrative law judge's...

District Court denies parties' motions seeking leave to amend answer, reargue summary judgment.
April 2, 2004... Byline: Nora A. Jones Where the defendants waited more than two years to file a motion seeking leave to amend their answer and to add two counterclaims, should the court grant the motion? Where plaintiff filed a Rule 60(b)(6) motion to...

Two local attys. to present at American Bankruptcy Institute's annual spring meeting.
April 2, 2004... Byline: Staff Two local attorneys will participate in a panel presentation during the American Bankruptcy Institute's annual spring meeting. William S. Thomas, a partner at Nixon Peabody, and John R. "Jack" Weider, a partner at Harter,...

Rochester office of Cellino and Barnes ads new partner to staff.
April 2, 2004... Byline: Staff Gregory J. Huether, a former Monroe County Special Assistant District Attorney, has joined the Rochester office Cellino and Barnes as a partner. Huether will concentrate his practice on plaintiff's personal injury cases....

Rochester Legal Briefs April 2, 2004.
April 2, 2004... Byline: Staff In a Chautauqua County property dispute, the Fourth Department reviewed the proper construction of a restrictive covenant in a deed. CIVIL DECISION Real Estate - Restrictive Covenant The law favors free and...

Phillips Lytle LLP named one of United Way's Top 100 Companies.
April 2, 2004... Byline: Staff Phillips Lytle LLP has been named one of United Way's Top 100 companies for its support of the United Way Community Care Fund and the 2003 Annual United Way Community Campaign with donations totaling $90,000. The...

NY State Court of Appeals allows victim impact statements.
April 5, 2004... Byline: Jill Miller Do sentencing courts have the discretion to allow more than one person to make a victim impact statement at sentencing? This was the central issue on appeal before New York State's highest court in the People v....

U.S. District Court judge allows petitioner to amend petition in deportation case.
April 5, 2004... Byline: Helen Nguyen Where the petitioner is faced with the prospect of being deported from the United States, should the court allow him to file an amended petition based on his claim of ineffective assistance of counsel? Finding that...

Phillips Lytle LLP names Linda Prestegaard, Victoria Grady and William Keefer as partners.
April 5, 2004... Byline: Staff Phillips Lytle LLP has named Linda Prestegaard, Victoria Grady and William Keefer as partners effective Jan. 1, 2004. Prestegaard concentrates her practice in the area of labor and employment law and resides in the...

NY State Bar Assn. kicks off radio campaign.
April 5, 2004... Byline: Staff To help educate New Yorkers about the role lawyers play in protecting people's rights, the New York State Bar Association is launching a four-week, statewide radio campaign in cooperation with the 240-member stations of the...

Rochester Legal Briefs: April 5, 2004.
April 5, 2004... Byline: Staff The Appellate Division, Fourth Department's decisions in the area of criminal law reviewed an argument that a sex offense conviction violated the ex post facto clause of the U.S. Constitution. In a Monroe County case, the...

American Bar Assn. proposes amendments to Mandatory Continuing Legal Education rule.
April 5, 2004... Byline: Staff At the American Bar Association's recent midyear meeting in San Antonio, the association's House of Delegates amended the ABA Model Rule on Mandatory Continuing Legal Education to recommend that regulatory systems require...

Legal services attorney Diana Straube stays connected to her Irish roots.
April 5, 2004... Byline: Nora A. Jones Diana Straube started taking accordion lessons when she was 8 years old and continued until she was 17. Unfortunately, in 1967 an instructor shared that "there's no future for girls playing the accordion." ...

'In camera' inspection of documents ordered.
April 6, 2004... Byline: Nora A. Jones Are the materials claimant seeks to discover in a negligence action against a psychiatric facility protected by law from disclosure? Are the reports requested privileged and beyond the reach of claimant's discovery...

'Irreparable harm' not shown, preliminary injunction denied.
April 6, 2004... Byline: Helen Nguyen Where the plaintiff alleged that the defendants misappropriated trade secrets, should the court grant the plaintiff's motion for a preliminary injunction? In denying the plaintiff's motion in Konecranes, Inc. v....

Monroe County Bar Assn. president-elect to attend ABA Leadership Institute.
April 6, 2004... Byline: Staff Joining some 300 other emerging leaders of lawyer organizations from across the country at the American Bar Association's Bar Leadership Institute (BLI), March 11-13, was Michael R. Wolford president-elect of the Monroe...

Civil legal services lack funding to 'provide justice for all'.
April 6, 2004... Byline: Nora A. Jones While the demand for civil legal services continues to rise, sources of funding for local agencies dedicated to meeting those needs continues to dwindle. Referring specifically to Erie, Niagara, Orleans, Genesee...

State Supreme Court jury awards man $450,000 for broken leg.
April 6, 2004... Byline: Staff A New York State Supreme Court, Monroe County, jury awarded a local man $452,188 for injuries he received in a work related accident. Gary Hamill suffered a severely broken leg after falling from a ladder on Aug. 31,...

Rochester Legal Briefs April 6, 2004.
April 6, 2004... Byline: Staff The Appellate Division, Fourth Department's criminal law decisions included a review of denial of youthful offender status in Erie County and whether a Monroe County defendant was proven to have "constructively possessed"...

Error allowing expert testimony deemed harmless.
April 7, 2004... Byline: Jill Miller Did the trial court abuse its discretion when it allowed introduction of expert testimony regarding the money handling of street level drug sales when the evidence presented consisted of a single drug transaction...

Removal of action found to be timely by District Court.
April 7, 2004... Byline: Deborah Fauver When a case involves multiple defendants, served on multiple dates, which service date begins the 30-day removal period? The date on which the removing defendant was served begins the removal clock, held U.S....

CLE program offers tips to building happy, successful law career.
April 7, 2004... Byline: Jill Miller What does it take to be a happy and successful lawyer? This was one of the topics explored during the Monroe County Bar Association's "Presumed Competent 2004." Sponsored by the Young Lawyers Section, the all day...

Boylan Brown celebrates 30 year anniversary.
April 7, 2004... Byline: Staff Employees of Boylan, Brown, Code, Vigdor, & Wilson, LLP celebrated the firm's 30th anniversary with a reception on Thursday, April 1 at the Stone Street Grille. On April 1, 1974, six young attorneys left Harter, Secrest &...

Phillips Lytle attorneys present CLE on procedures for appointment of receiver.
April 7, 2004... Byline: Staff Alan J. Bozer and William P. Keefer, partners at Phillips Lytle LLP, presented at a continuing legal education seminar focused on the procedures for obtaining an appointment of a receiver in New York State court and the...

NY Court of Appeals lists February filings.
April 7, 2004... Byline: 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 reach decision on...

ADA, ADEA discrimination claims dismissed.
April 8, 2004... Byline: Helen Nguyen Where the plaintiff claimed that his former employer discriminated against him on the basis of his age and alleged disability, was there sufficient evidence to support his claims? In James D. Brewer v. Sears,...

Request to invalidate city ordinance is dismissed.
April 8, 2004... Byline: Jill Miller Must the court invalidate the City of Rochester's ordinance that requires owners of two family homes to obtain a certificate of occupancy for the unit? In Robert F. Kase v. City of Rochester, the plaintiff asked New...

New editor named at 'The Daily Record'.
April 8, 2004... Byline: Staff Kevin M. Momot, graduate of the University at Buffalo Law School, has joined The Daily Record as editor. Most recently, Momot was an associate in the Public Finance/Economic Development and Commercial Real Estate...

Cheryl Dinolfo appointed County Clerk of Monroe County.
April 8, 2004... Byline: Staff Cheryl Loria Dinolfo has been appointed County Clerk of Monroe County by Gov. George Pataki. Dinolfo replaces Maggie Brooks, who was elected Monroe County Executive last year. "Cheryl Loria Dinolfo's experience in dealing...

Town Hall Meeting with State Supreme Court Judges set for April 19.
April 8, 2004... Byline: Staff The Monroe County Bar Center for Education will hold its monthly Speaker's Forum from 12:15 to 1:45 p.m. on Monday, April 19. This month's forum is a "Town Meeting" with the Supreme Court Justices of the Seventh Judicial...

U.S. District Court judge dismisses prisoners' Eighth Amendment claim.
April 9, 2004... Byline: Helen Nguyen Where three prison inmates alleged that the conditions of their workplace violated certain safety and health standards, was there sufficient evidence to support their claim under the Eighth Amendment? In dismissing...

NY State judge finds for claimant in medical negligence case and awards him $750.
April 9, 2004... Byline: Nora A. Jones Where an inmate consented to extraction of one tooth, but the dentist removed a different tooth, what proof is needed to establish dental malpractice, failure to obtain informed consent or medical negligence? In...

NY State launches new crime fighting initiative in Rochester.
April 9, 2004... Byline: Staff New York State has launched the first full-scale Operation IMPACT - a new state crime fighting initiative in Rochester. Uniformed New York State Troopers have begun joint high visibility patrols with the Rochester Police...

Mengel, Metzger, Barr and Co. hosts benefit for Heart of Gold Children's Foundation.
April 9, 2004... Byline: Staff It was an afternoon filled with laughter as accountants from Mengel, Metzger, Barr and Co. (MMB) hosted their sixth annual "At Your Service" luncheon benefiting the Heart of Gold Children's Foundation on Thursday, April 1, at...

NY State Bar Assn. to present continuing education program about federal criminal practice.
April 9, 2004... Byline: Staff "Federal Criminal Practice: Demystifying the Process" is the focus on an upcoming continuing legal education program. Co-sponsored by the Criminal Justice Section and the Committee on Continuing Legal Education of the New...

Gender discrimination claim survives.
April 12, 2004... Byline: Deborah Fauver May a federal detention center employee bring a contracts claim against Tom Ridge, as the Secretary of the Department of Homeland Security, in federal district court? Not while the Contract Disputes Act vests...

Ineffective assistance of counsel causes decision to be reversed.
April 12, 2004... Byline: Jill Miller Should the defendant's drug conviction be reversed because his attorney testified against him during a Sirois hearing? This was the central issue before New York State's highest court in the People v. Anthony A....

Court deems defendant's statements voluntary.
April 13, 2004... Byline: Jill Miller Should the defendant's statements to police be suppressed? Was the showup procedure used by police to identify the defendant as a suspect in the crime unduly suggestive? These were the issues before acting Monroe...

NY State Bar Assn.'s House of Delegates approve Jury System proposals.
April 13, 2004... Byline: Staff The New York State Bar Association's House of Delegates has approved recommendations from its Committee on the Jury System in eight key areas relating to changes in New York's jury system. The following proposals are...

Rochester Legal Briefs April 13, 2004.
April 13, 2004... Byline: Jill Miller CRIMINAL DECISIONS Indictment Stands The evidence was legally sufficient to establish the offenses charged and a motion to reduce or dismiss the indictment is denied. The defendant is charged with six...

The courtroom and the darkroom are Judge Feldman's domains.
April 13, 2004... Byline: Helen Nguyen If you go into Jonathan Feldman's office at the U.S. Courthouse on State Street, you will automatically know what he does for work and for play. In a bookcase, there are over 100 law books that are ready to be...

Mothers may recover for emotional harm where medical malpractice causes miscarriage or stillbirth.
April 14, 2004... Byline: Jill Miller Absent a showing of independent physical injury, can a mother recover damages for emotional harm when medical malpractice causes a miscarriage or stillbirth? The New York State Court of Appeals reviewed this issue...

MCC Paralegal Studies Certificate Program graduates first class to have ABA approval.
April 14, 2004... Byline: Kevin M. Momot The Monroe Community College Paralegal Studies Certificate Program conducted its graduation ceremony on Thursday, April 8 for the newest class of certified paralegals. In total, 16 candidates were recognized during...

Rochester law partner to present at NY State Bar Assn. Seminar.
April 14, 2004... Byline: Staff Anthony Piazza, a partner in Hiscock & Barclay's Rochester office, will speak at a New York State Bar Association seminar on professional liability policies. The seminar, "Commercial Lines Insurance Coverage with...

Venue determined for passport fraud.
April 15, 2004... Byline: Deborah Fauver If defendant's fraudulent passport documents were produced in Florida, is the Western District of New York the proper venue? Because venue is proper in any area where a portion of the crime was committed, and...

Sentence enhancement upheld by District Court.
April 15, 2004... Byline: Helen Nguyen In a case where the defendant pleaded guilty to Unlawfully and Knowingly Possessing Stolen Firearms, was the assignment of a four-level enhancement to his offense level proper based on the fact that he committed...

Board of Law Examiners extends pilot program.
April 15, 2004... Byline: Staff The New York State Board of Law Examiners has extended its pilot program allowing applicants for the bar examination to use their personal laptop computers. Applicants sitting for the July 27-28 bar examination will be...

Third Department amends Section 800.17.
April 15, 2004... Byline: Staff Effective immediately, section 800.17 of the Rules of Practice of the Appellate Division, Third Judicial Department (22 NYCRR 800.17) is amended to read as follows: 800.17 Unemployment Insurance Appeals An appeal...

Employee termination ruled to be violation of company drug use policy, not race or retaliation.
April 16, 2004... Byline: Nora A. Jones Did the plaintiff provide sufficient evidence of racial discrimination or retaliation to counter defendant's motion for summary judgment? In a Title VII action against a former employer, the U.S. District Court...

Administrative claim for post petition rent denied.
April 16, 2004... Byline: Kevin M. Momot On a motion for partial summary judgment filed by Amplicon, Inc., the U.S. Bankruptcy Court for the Western District of New York reviewed whether a lease existed between Amplicon and CNB International, Inc., the...

NY State Attorney General sees 124% rise in financial recoveries for 2003.
April 16, 2004... Byline: Staff Financial recoveries made by the New York State Attorney General's office increased 124 percent in 2003, due in large part to settlements of Wall Street investigations. The office recovered a record $786 million in...

Cellino & Barnes establishes scholarship program.
April 16, 2004... Byline: Staff Cellino & Barnes has established an annual $100,000 Scholarship program. A $1,000 scholarship will be awarded in June to 100 high school seniors accepted into an accredited four year academic institution, with...

NY State Court of Appeals lists filings for February 19-24, 2004.
April 16, 2004... Byline: 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 reach decision on...

NY State Court of Appeals rules suppression of lineup identifications not warranted.
April 19, 2004... Byline: Jill Miller Does the state constitution prohibit the prosecution from introducing evidence of eyewitness lineup identifications, when the lineups were conducted after the police arrested the defendant at his home without a search...

U.S. District Court rules search warrant and eavesdropping warrant valid.
April 19, 2004... Byline: Kevin M. Momot Where the defendant brought motions seeking the suppression of evidence obtained pursuant to an eavesdropping warrant and a search warrant, U.S. District Court Judge Michael A. Telesca determined in United States v....

NY State Bar Assn. establishes committee to examine new civil legal services funding sources.
April 19, 2004... Byline: Staff New York State Bar Association President A. Thomas Levin has appointed a special committee to examine new methods of creating and securing additional funding streams for civil legal services. "Federal funding from the...

Police/Community relations program slated.
April 19, 2004... Byline: Staff The Center for Dispute Settlement is hosting a one-day conference titled, "Building Bridges: Improving Police/Community Relations" on Thursday, May 6 at the Crowne Plaza Hotel. The 8:30 a.m. to 4:30 p.m. program is open...

New York State Court of Appeals lists more appellate filings.
April 19, 2004... Byline: 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 reach decision on...

NY Supreme Court judges to speak at Monroe County Bar Center for Education forum.
April 19, 2004... Byline: Staff The Monroe County Bar Center for Education will hold its monthly Speaker's Forum from 12:15 to 1:45 p.m. today. This month's forum is a "Town Meeting" with the Supreme Court Justices of the Seventh Judicial District....

University of Buffalo Law School honors five at alumni dinner.
April 19, 2004... Byline: Staff Five graduates of the University at Buffalo Law School will receive Distinguished Alumni Awards for their contributions to the legal profession and community at the 42nd annual UB Law Alumni Association meeting and dinner to...

NY State Neighborhood Legal Services receives grant.
April 19, 2004... Byline: Staff Neighborhood Legal Services was one of six organizations across the New York State to receive funding to provide enhanced legal and supportive services to New Yorkers who are battling cancer. The organization will receive...

Summary judgment motion deemed timely.
April 20, 2004... Byline: Helen Nguyen Is service of a summary judgment motion completed on the date that it is mailed or on the date that it is received? Under Rule 5 of the Federal Rules of Civil Procedure, U.S. District Judge John T. Elfvin for the...

Inventory search of vehicle deemed unlawful, defendant's statements to police suppressed.
April 20, 2004... Byline: Kevin M. Momot In People v. Rhondell Miles, the defendant alleged that police conducted an illegal inventory search of the vehicle in which he was riding, and statements made to police after being taken into custody were...

Assn. for women attorneys hosts book drive in celebration of Law Day.
April 20, 2004... Byline: Staff The Greater Rochester Association for Women Attorneys is conducting a book drive to help celebrate Law Day. The organization is collecting new and gently used books to donate to the Clara Barton School (Rochester City...

Court of Appeals releases primary election appeals calendar for 2004.
April 20, 2004... Byline: 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 following dates...

Rochester area home sales rebound in March.
April 20, 2004... Byline: Jill Miller According to the Greater Rochester Association of Realtors, home sales jumped 15 percent in March as compared to February. A total of 784 homes were sold last month, compared to 682 in February and 681 in March...

Pedestrian's death blamed on NY State's negligence.
April 21, 2004... Byline: Nora A. Jones Where a pedestrian was killed crossing the Lake Ontario Parkway, did the decedent's administrator file a claim sufficient to withstand defendant's motion to dismiss for failure to state a cause of action? Upon...

Court denies disability benefits based on plaintiff's capacity to perform sedentary work.
April 21, 2004... Byline: Helen Nguyen Where the plaintiff claimed that he was disabled due to back pain, was there substantial evidence to support the administrative law judge's (ALJ) decision to deny disability benefits? In affirming the ALJ's denial...

Three Hiscock & Barclay attorneys present NY construction seminar.
April 21, 2004... Byline: Staff Three attorneys from the Rochester office of Hiscock & Barclay - Marc S. Brown, Scott Rogoff and C. Allan Reeve - recently spoke on legal and business issues pertaining to the construction industry. "New York...

Single parents allowed to challenge reductions in Medicaid, public assistance.
April 21, 2004... Byline: Staff A settlement approved by the U.S. District Court, Southern District of New York provides thousands of impoverished single parents with a method to challenge reductions in public assistance and Medicaid benefits. ...

FCC fines Clear Channel for indecent broadcast.
April 21, 2004... Byline: Staff In a "Notice of Apparent Liability for Forfeiture," the Federal Communications Commission proposed a $495,000 fine against Clear Channel Communications, Inc. for "willfully broadcasting indecent material in connection with...

Excommunication of church members deemed illegal.
April 21, 2004... Byline: Jill Miller Was the excommunication of the petitioners from the Cedar Grove Missionary Baptist Church illegal? Was the process to eliminate the board of deacons unlawful and if so, should petitioners be reinstated? These were...

Exemption of life insurance policies from bankruptcy approved.
April 22, 2004... Byline: Nora A. Jones In the Chapter 7 proceeding of In re Dennis Szewczyk and Michelle Szewczyk, the trustee objected to the debtors' claim that their reciprocal life insurance policies were exempt. U.S. Bankruptcy Court Judge Carl L....

Resignation defeats claim for severance benefits.
April 22, 2004... Byline: Deborah Fauver How much evidence does an ERISA plan administrator need in order to conclude that an employee voluntarily resigned, despite his testimony to the contrary? Statements from two supervisors were sufficient to...

State Supreme Court judges participate in speakers forum.
April 22, 2004... Byline: Jill Miller Mediation and the settlement process, juror note taking, the courtroom of the future, last minute submissions of motions and disputes during depositions were a few of the topics covered during a recent town meeting with...

Judge Sciolino to speak at 'Fine Food For Fine Cause' event.
April 22, 2004... Byline: Staff Monroe County Family Court Judge Anthony J. Sciolino, judge of the Juvenile Drug Treatment Court, is the guest speaker for the fourth annual "Fine Food for a Fine Cause" on Saturday, April 24. "Fine Food for a Fine Cause"...

ABA president says goals of 'Brown v. Board of Education' are work in progress.
April 22, 2004... Byline: Staff According to American Bar Association President Dennis W. Archer, the desegregation goals of the historic Brown v. Board of Education decision have not yet been realized in Boston or in other areas of the country. In...

Ineffective assistance of counsel claim denied.
April 23, 2004... Byline: Jill Miller Should the prosecution's request to sentence the defendant as a second felony offender be denied on the grounds that the defendant received ineffective assistance of counsel during a 1993 plea? This was the issue...