Daily Record (Rochester, NY) articles from April 2005

Daily Record (Rochester, NY) archives from April 2005

NY State Supreme Court rules code did not require group home to get variance when buying property.
April 1, 2005... Byline: Jill Miller The Irondequoit Zoning Board of Appeals properly concluded the town code did not require a group home to obtain a variance when purchasing property within the town. This was the finding of New York State Supreme...

U.S. District Court of NY rules jurisdiction does not exist because of agency status.
April 1, 2005... Byline: Helen Nguyen In a case where the plaintiff was based in New York and the defendants were based in North Carolina, the U.S. District Court for the Western District of New York found it did not have personal jurisdiction since any...

Monroe County District Attorney's Office releases its first-ever annual report.
April 1, 2005... Byline: Staff The Monroe County District Attorney's Office released its first-ever annual report. The 2004 report provides an overview of the work done by the various bureaus within the office, as well as statistics and program...

Tailored Lighting files patent infringement lawsuit in U.S. District Court of NY.
April 1, 2005... Byline: Staff In a patent infringement lawsuit filed in the United States District Court for the Western District of New York, Tailored Lighting, Inc. (TLI) is suing Osram Sylvania Products, Inc. (Sylvania) over the manufacture and sale of...

Maureen Lamb named acting president of Monroe Title Insurance Corp.
April 1, 2005... Byline: Staff The Board of Directors of Monroe Title Insurance Corp. appointed Maureen Pilato Lamb acting president of the title insurance and abstract services company. She succeeds Thomas P. Moonan, chairman and president of the company,...

Bridgestone/Firestone agrees to provide benefits to national guardsman.
April 1, 2005... Byline: Staff The U.S. Dept. of Justice signed a consent decree resolving a lawsuit against Bridgestone/Firestone North American Tire, LLC filed to protect the rights of a national guardsman returning from active duty. As part of the...

Governmental budget cuts force layoffs at Neighborhood Legal Services in Buffalo.
April 1, 2005... Byline: Staff Layoff notices were recently issued for 10 staff members at Neighborhood Legal Services (NLS) in Buffalo, according to Executive Director William Hawkes. NLS is a unionized, not-for-profit corporation, which receives a...

Western District of N.Y. Court rules against building owner and in favor of insurance company.
April 4, 2005... Byline: Helen Nguyen In a case where the plaintiff's building was found to be contaminated with mold, the U.S. District Court for the Western District of New York determined the insurance company was not obligated to indemnify the...

N.Y. State Court of Appeals rules representation of defendant deemed effective.
April 4, 2005... Byline: Jill Miller A defense attorney's disclosure to the court, which was an inference that his client intended to perjure himself on the stand, did not deprive the defendant of his right to a fair hearing or of his right to effective...

U.S. Court of Appeals upholds dismissal of securities fraud case against Corning Inc.
April 4, 2005... Byline: Staff The U.S. Court of Appeals for the Second Circuit upheld the dismissal of a proposed class action securities fraud complaint against Corning Inc. and several of its officers alleging violations of Sections 11 and 15 of the...

Matrimonial Commission to hold hearing in Buffalo on April 21.
April 4, 2005... Byline: Staff The Matrimonial Commission, appointed by New York State Chief Judge Judith Kaye to examine every facet of the divorce process in the state and recommend reforms, will hold a public hearing in Buffalo. The hearing is set...

New York State Legislature acts to strengthen Megan's Law.
April 4, 2005... Byline: Staff Senate Majority Leader Joseph L. Bruno and Deputy Majority Leader Dean G. Skelos announced changes to strengthen New York's Megan's Law by making it more difficult for sex offenders to escape detection in the community. ...

Musical talents of Ellen Simpson complement 'Acappellants'.
April 4, 2005... Byline: Nora A. Jones Let's Hang On (set to tune of Manhattan Transfer's song by same name) There ain't no good in legislating The tort reforms you're contemplating, we're hating Let's hang on to what we've got Don't...

NY State Court of Appeals rules defensive use of deadly force not justified.
April 5, 2005... Byline: Jill Miller The defendant, who was standing in the doorway between his apartment and the common hall at the time of an attack, had a duty under Penal Law s. 35.15 to retreat into his home before defensively using deadly physical...

U.S. District Court for W. District of NY dismisses employment, ADA discrimination claims.
April 5, 2005... Byline: Helen Nguyen Finding there was insufficient evidence the plaintiff's former employer wrongfully terminated her, the U.S. District Court for the Western District of New York granted the employer's motion for summary judgment and...

Pamela Davis Heilman inducted into Western New York Women's Hall of Fame.
April 5, 2005... Byline: Staff Pamela Davis Heilman, a partner at Hodgson Russ LLP and vice president of community relations, was recently inducted into the Western New York Women's Hall of Fame. She was one of five women honored this year for individual...

American Bar Assn. releases survey on lawyer discipline systems.
April 5, 2005... Byline: Staff A total of 3,725 lawyers were subject to public sanctions for professional misconduct during 2003, according to the Survey on Lawyer Discipline Systems published by the American Bar Association Standing Committee on...

Verizon Communications agrees to safeguards against 'cramming' for its NY customers.
April 5, 2005... Byline: Staff The New York State Attorney General's Office announced an agreement that will require one of the nation's largest telecommunications companies to give greater protections to consumers who have unauthorized third party charges...

Terms of supervised release focus on appeal in U.S. Court of Appeals.
April 6, 2005... Byline: Helen Nguyen In a case where the defendant contested the special conditions the district court imposed on him during his supervised release, the U.S. Court of Appeals for the Second Circuit affirmed one of the conditions but...

Five judge panel rules motorcycle accident in N.Y. raises proximate cause issues.
April 6, 2005... Byline: Kevin M. Momot Where the plaintiff brought a personal injury action seeking damages for injuries sustained when his motorcycle collided with a Federal Express delivery van, there were triable issues of fact concerning whether the...

Monroe County files suit over inflated drug costs.
April 6, 2005... Byline: The Daily Record Staff Monroe County has filed a lawsuit in federal court against 77 drug companies for falsely inflating the prices of prescription drugs purchased by Medicaid in Monroe County. "We have a responsibility to...

Harter, Secrest & Emery Offers Cornell Law School Diversity Scholarship.
April 6, 2005... Byline: Staff Harter, Secrest & Emery LLP has become the first firm to establish a diversity scholarship program specifically for a student of Cornell Law School. The Harter, Secrest & Emery LLP Diversity Scholarship Program provides a...

American Bar Assn. releases Law Office Procedures Manual for Solo and Small Firms.
April 6, 2005... Byline: Staff To achieve higher levels of quality and profitability, a law firm needs a focused, productive organization and an efficient operating environment. A newly revised edition of the Law Office Procedures Manual for Solos and...

Charitable organizations oppose $500 cap on donation deductions.
April 6, 2005... Byline: Staff ABVI-Goodwill Industries of Greater Rochester, Inc. has joined with other charities across the country to oppose recent federal recommendations to cap charitable deductions for clothing and household goods donations at $500...

Bar Assn. of Erie County to hold annual Law Day luncheon on April 26.
April 6, 2005... Byline: Staff The Bar Association of Erie County will hold its annual Law Day luncheon at noon on Tuesday, April 26 in the grand ballroom of the Hyatt Regency in Buffalo. Margaret Sullivan, executive editor of The Buffalo News, will be the...

Defendant failed to establish lack of actual or constructive notice of dangerous condition.
April 7, 2005... Byline: Kevin M. Momot Where the plaintiff brought a personal injury action alleging the defendant's negligence was a proximate cause of a slip and fall accident on a deck outside the apartment the plaintiff rented from the defendant,...

'Buffalo Law Review' to honor Hodgson Russ LLP president.
April 7, 2005... Byline: Daily Record Staff Robert B. Conklin will be honored by the students of the Buffalo Law Review at the 16th Annual Law Review dinner, in recognition of his service to the University at Buffalo Law School and the Western New York...

Nixon Peabody attorneys coach moot court teams to first, second place.
April 7, 2005... Byline: Daily Record Staff The Monroe County Bar Association's Law Explorers moot court competition took place on Saturday, March 19 at the Hall of Justice, where Nixon Peabody LLP attorneys Greg Mascitti and Steve Jones coached two teams...

NY Attorney Michael Steinberg publishes book.
April 7, 2005... Byline: Jill Miller As a teenager growing up in Delmar, NY a suburb of Albany, Michael Steinberg was fiddling around the family's kitchen table one day, humming a Rolling Stones tune, when his father turned to him and told him to stop...

Denise-Marie Santiago to speak at Greater Rochester Assn. for Women Attys. Herstory lecture April 12.
April 7, 2005... Byline: Daily Record Staff Denise-Marie Santiago from the editorial board of the Democrat and Chronicle will talk about her own journey as a journalist and the challenges of balancing personal needs with a professional life at the next...

New York State Senate passes 'Help America Vote Act' legislation.
April 7, 2005... Byline: Daily Record Staff The New York State Senate approved legislation to implement the federal Help America Vote Act (HAVA) of 2002. The Senate will act on three bills to implement a statewide voter registration list, establish an...

U.S. Bankruptcy Court finds claim against debtors unsubstantiated.
April 8, 2005... Byline: Nora A. Jones Based on a cross-claim as a creditor in a separate action, Richard Cordero asserted a claim in the Chapter 13 bankruptcy, In re: David G. DeLano and Mary Ann DeLano, in the U.S. Bankruptcy Court for the Western...

Defendant's motion to sever count granted by Monroe County Court judge.
April 8, 2005... Byline: Jill Miller A Monroe County Court judge has granted the defendant's motion for severance of count 12 of a 15 count indictment and for a separate trial. In People v. James Russell Cooper, the defendant asserted count 12 was...

Mediation at the appellate level continues to grow.
April 8, 2005... Byline: Daily Record Staff Mediation is being utilized increasingly on the appellate level, helping the courts of appeals cope with their ever-expanding caseloads. Lawyers known as conference attorneys, circuit mediators or settlement...

Harter Secrest attorney co-authors intellectual property handbook.
April 8, 2005... Byline: Daily Record Staff Harter, Secrest & Emery LLP intellectual property attorney Donna Suchy co-authored a book with Weston Anson titled Fundamentals of Intellectual Property Valuation: A Primer for Identifying and Determining Value,...

U.S. District Court for W. District of NY dismisses fraud and fiduciary duty claims.
April 11, 2005... Byline: Helen Nguyen In a case where the plaintiff claimed she gave money to the defendant for the purpose of buying stocks, the U.S. District Court for the Western District of New York determined there was insufficient evidence to support...

Onondaga County Family Court judge remands order of child support to magistrate.
April 11, 2005... Byline: Jill Miller The respondent's request to reverse a child support obligation of $25 per month based on the fact she is currently incarcerated and lives below the federal poverty level was granted by an Onondaga County Family Court...

Judicial Conference of the U.S. asks for help to protect federal judges.
April 11, 2005... Byline: Staff Federal judges and their families need greater protection away from the courthouse, and the U.S. Marshals Service needs help from Congress to provide it, according to federal judicial leaders. In a letter to the President...

Legislation pushes for changes in New York's foster care system.
April 11, 2005... Byline: Staff Legislation designed to benefit families, the courts and children by improving the placement of children in the foster care system into stable, permanent households has been submitted to the New York State Legislature. ...

Hearings in NYC and Buffalo to consider possible improvements to Kendra's Law.
April 11, 2005... Byline: Staff A series of public hearings are being conducted to consider the implementation, status and efficacy of Kendra's Law. One hearing took place on Friday, April 8, in New York City and a second is scheduled for Thursday, April...

U.S. government exposes scheme to defraud federal E-Rate program.
April 11, 2005... Byline: Staff A 22-count indictment was filed against six companies and five individuals on charges of fraud, collusion, aiding and abetting, and conspiracy in connection with E-Rate projects at schools in seven states - Arkansas,...

NY appellate court rules facts of case were insufficient in case involving separation agreement.
April 12, 2005... Byline: Kevin M. Momot Where the respondent appealed from a judgment granting a petition seeking to stay arbitration in an action involving a separation agreement, the facts of the case were insufficient to determine whether claims...

NY State Supreme Court rules reckless conduct not proven in ski collision.
April 12, 2005... Byline: Jill Miller The defendant met his initial burden by proving his actions did not amount to reckless, intentional or other risk-enhancing conduct when he collided with the plaintiff on a ski slope. This was the determination of...

Appellate Division, Third Department amends rules regarding discipline of attorneys.
April 12, 2005... Byline: Staff Pursuant to the authority conferred upon the Appellate Division of the Supreme Court, Third Judicial Department by law, it is ordered that, effective immediately, section 806.19 of the Rules of the Supreme Court, Appellate...

Center for Dispute Settlement names new executive director.
April 12, 2005... Byline: Staff The Center for Dispute Settlement (CDS) has named Sherry Walker-Cowart as its next executive director, effective May 16. Walker-Cowart assumes the position held by Andrew Thomas for the past 26 years. Thomas is retiring...

Environmental lawyer spends time designing, sewing quilts.
April 12, 2005... Byline: Nora A. Jones As a child, Jean McCreary was less than enthused about learning to sew. "My mother sewed a lot of my clothing and taught me to sew my own clothes after I complained about things she made me," McCreary explained....

Attorney's fee dispute process explored before a Rochester City Court judge.
April 13, 2005... Byline: Jill Miller The proper process to dispute a fee between a client and her former attorney was the subject of a recent case before a Rochester City Court judge. In Donna M. Borgus v. Donna Marianetti, Judge Ellen Yacknin was...

U.S. District Court, Western District of N.Y. dismisses plaintiff's ADA, constitutional claims.
April 13, 2005... Byline: Kevin M. Momot Where the plaintiff brought an action alleging defendant police officers violated his rights under the Americans With Disabilities Act and the U.S. Constitution by failing to provide a sign language interpreter to...

Communicating with deaf clients focus of Monroe County Bar Center for Education.
April 13, 2005... Byline: Helen Nguyen There are over 50,000 deaf people in the Rochester community, and from purchasing a house, making a will, going through a divorce or being a victim of an auto accident, at some point in time, many of them will need the...

Foundation of Monroe County Bar makes donation to Deaf Equal Access Fund.
April 13, 2005... Byline: Staff The Foundation of the Monroe County Bar recently awarded a $5,000 grant to the Monroe County Bar Association's Deaf Equal Access Fund (DEAFund). A new initiative of the MCBA, the DEAFund program will ensure the needs of...

State of New York settles investigation of national insurance broker.
April 13, 2005... Byline: Staff Attorney General Eliot Spitzer and Acting State Insurance Superintendent Howard Mills announced an agreement to resolve concerns about fraud and anti-competitive practices by the nation's third largest insurance broker. ...

U.S. District Court finds parent not entitled to attorney's fees.
April 14, 2005... Byline: Helen Nguyen In a case where a father appeared as the attorney of record for his child in an action against the New York State Department of Education, the U.S. District Court for the Western District of New York denied the...

NY attorney Margaret Burt to receive Juvenile Justice Award.
April 14, 2005... Byline: Nora A. Jones One New York attorney receives the Stephanie Kupferman Juvenile Justice Award each year from the Women's Bar Association of the State of New York. This year the honor goes to Margaret A. Burt, a founding member of...

New marketing consultant named at 'The Daily Record'.
April 14, 2005... Byline: Kevin M. Momot Joseph K. Pfrengle has been named the new marketing consultant in charge of advertising sales at The Daily Record. Originally employed by Greathead General Printing in Rochester, Pfrengle moved out of the area...

NY State Bar Assn. hosting concert, dinner to welcome Judge Fisher to Commercial Division.
April 14, 2005... Byline: Daily Record Staff To celebrate the appointment of Judge Kenneth R. Fisher to the Commercial Division of the Seventh Judicial District, the Commercial and Federal Litigation Section of the New York State Bar Association will...

Eastern Service Workers Assn. celebrates planned construction of Rochester office.
April 14, 2005... Byline: Daily Record Staff Eastern Service Workers Association (ESWA) celebrated the planned construction of its new "Office Central" on the corner of First Street and Bay Street in the City of Rochester with a ground breaking ceremony at...

U.S. District Court for W. District of NY upholds pretrial detention of defendant.
April 15, 2005... Byline: Helen Nguyen Where the defendant was charged with various drug-related crimes, the U.S. District Court for the Western District of New York found there were a number of significant reasons why he should be detained while he awaits...

NY State Court of Appeals rules second wife entitled to settlement payments.
April 15, 2005... Byline: Jill Miller In a divorce settlement, a wife's agreement to remove herself as the primary contingent beneficiary on an annuity payable to her husband, did not promote the couple's children named secondary contingent beneficiaries to...

Greater Rochester Assn. for Women Attorneys panel members speak during Fairport Career Night.
April 15, 2005... Byline: Nora A. Jones About 400 students and parents attended a "World of Career Choices" program at Fairport High School on April 11, where professionals from the community came in to talk about the requirements and responsibilities in 19...

Jaeckle Fleischmann & Mugel, LLP adds Emerging Company practice group.
April 15, 2005... Byline: Staff Jaeckle Fleischmann & Mugel, LLP has formed an Emerging Company practice group to assist clients in forming their business and protecting their assets. In addition, the group will assist companies in refining their...

New York State Court of Appeals lists filings for March 18-24, 2005.
April 15, 2005... 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...

U.S. Bankruptcy Court judge denies discharge of debt over failure to list ring among assets.
April 18, 2005... Byline: Nora A. Jones Diamonds may be "a girl's best friend," but the failure to list a diamond ring among the debtor's assets in In re: Marie Moscato Foxton, f/d/b/a Lakewood Natural Foods, and as an officer of Four Sisters Natural Foods,...

NY State Court of Appeals deems plaintiff's late notice unreasonable.
April 18, 2005... Byline: Jill Miller Based on the circumstances of the case, a primary insurer can disclaim coverage based solely on a late notice of the lawsuit without showing prejudice. This was the finding of the New York State Court of Appeals in...

Rochester legal groups sponsor Law Day fundraiser to help Will Clinics.
April 18, 2005... Byline: Nora A. Jones The Trusts and Estates Section of the Greater Rochester Association for Women Attorneys partners with Volunteer Legal Services Project, Inc. to sponsor several Wills Clinics each year - providing services for low...

NY State Bar Assn. resolutions prompt legislation from two state lawmakers.
April 18, 2005... Byline: Staff A resolution passed by the New York State Bar Association has prompted two state lawmakers to introduce legislation that would make any statements made during a "custodial interrogation" inadmissible unless they were...

NY State Court of Appeals lists filings for March 18-24, 2005.
April 18, 2005... 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...

Petitioner's FOIL request granted by Erie County District Attorney's office.
April 19, 2005... Byline: Kevin M. Momot Where the petitioner filed a FOIL request with the Erie County District Attorney's office seeking records concerning a criminal investigation, the request was granted with respect to autopsy photographs, videotaped...

N.Y. State Supreme Court grants motion to compel discovery.
April 19, 2005... Byline: Jill Miller The petitioner's motion to compel discovery in a shareholder oppression/derivative action was the primary issue before New York State Supreme Court, Monroe County, Judge Kenneth Fisher in Joseph P. Maxon v. Mirror Show...

Santiago shares insights at Greater Rochester Ass'n for Women Attorney's Herstory lecture.
April 19, 2005... Byline: Nora A. Jones A little shy about being on the other side of the podium, Denise-Marie Santiago, professional journalist with current connections to the Democrat and Chronicle, spoke on April 12 in this year's final lecture of the...

American Bar Association urges Congress to repeal Alternative Minimum Tax.
April 19, 2005... Byline: Staff The American Bar Association urged Congress to step up its efforts to simplify the nation's tax law by repealing the individual Alternative Minimum Tax (AMT). In testimony before a subcommittee of the House Committee on...

Median sale price of homes in Rochester climbs in March.
April 19, 2005... Byline: Jill Miller The number of homes listed for sale jumped 18.7 percent last month. According to the Greater Rochester Association for Realtors 1,812 homes were on the market in March, compared to 1,527 in February. Monthly...

N.Y. Judge receives M. Dolores Denman Lady Justice Award for Lifetime Achievement.
April 20, 2005... Byline: Nora A. Jones While many people were fretting over taxes being due on April 15, a large group of attorneys and judges gathered at Shanghai Red's Restaurant in Buffalo to visit with the entire bench of the New York Court of Appeals...

Allocution of defense costs explored by New York State Court of Appeals.
April 20, 2005... Byline: Jill Miller In a situation where two coincidental primary insurance policies existed and the excess carrier volunteered to defend the insured, an allocation of defense costs based on primary policy limits was appropriate. This...

Parrinello announces candidacy for mayor of the City of Rochester.
April 20, 2005... Byline: The Daily Record Staff John Parrinello, a criminal defense attorney, has officially announced his candidacy for mayor of the City of Rochester. "Thirty years of one party rule that has caused economic stagnation, rampant...

N.Y. State court system boosts online access to criminal case information for attorneys.
April 20, 2005... Byline: Staff The New York State court system has increased online access to criminal case information, expanding the amount of information available and providing new avenues of access for members of the bar, such as computer terminals in...

New York State Senate passes legislation to protect elderly and disabled.
April 20, 2005... Byline: The Daily Record Staff The New York State Senate passed two bills (S.1826, S.1827) that would protect the elderly and disabled by making it a crime to abandon the care of these vulnerable individuals or to financially exploit them....

U.S. Sentencing Commission addresses antitrust and identity theft issues.
April 20, 2005... Byline: The Daily Record Staff At its public meeting April 13, the U.S. Sentencing Commission voted unanimously to adopt sentencing guideline amendments that will increase penalties for antitrust offenses. The commission also voted...

U.S. District Court dismisses lawsuit due to insufficient evidence of discrimination.
April 21, 2005... Byline: Helen Nguyen In a unique case where a wife and husband worked at the same company and alleged the company discriminated against both of them, the U.S. District Court for the Western District of New York ruled their discrimination...

Judge dismisses petitioner's Article 78 proceeding.
April 21, 2005... Byline: Jill Miller Because the co-owners of the petitioner's property did not join the petitioner's application before the Zoning Board of Appeals, the co-owners should have been named as respondents in the petitioner's Article 78...

Monroe County Bar Assn. implements Minority Clerkship Program.
April 21, 2005... Byline: Daily Record Staff The Monroe County Bar Association, in cooperation with the Rochester Black Bar Association and the Greater Rochester Association for Women Attorneys, have selected eight first year law students from the...

Criminal justice conference at Roberts Wesleyan College campus.
April 21, 2005... Byline: Daily Record Staff Criminal justice professionals and community agency individuals who work with victims and offenders as they navigate through the justice system will gather for a conference from 9 a.m. to 4 p.m. today at Pearce...

Federal judiciary asks Congress to ease financial hardships of courts.
April 21, 2005... Byline: Daily Record Staff On April 12, the federal judiciary asked Congress to provide the courts with funding to help restore personnel cutbacks incurred in recent years. "At the present time, the judiciary is in a most difficult and...

Court of Appeals judges attend University at Buffalo Law Alumni Awards presentation.
April 22, 2005... Byline: Kevin M. Momot Chief Judge Judith Kaye and the six associate judges of the New York State Court of Appeals were honored guests of the University at Buffalo Law Alumni Association at its 43rd annual meeting and dinner on Thursday,...

Summary judgment granted to third party plaintiff by NY Court of Appeals.
April 22, 2005... Byline: Jill Miller The New York State Court of Appeals was called on to decide whether the "written contract" provision of Workers' Compensation Law s. 11 requires a signed agreement in a case involving an injured worker. In Moses...