Daily Record (Rochester, NY) articles from April 2006

Daily Record (Rochester, NY) archives from April 2006

Onondaga County Family Court judge rules great-grandmother can pursue custody.
April 3, 2006... Byline: Sarah M. Feingold Where the subject child's great-grandmother filed a petition seeking modification of a visitation order, the court examined whether she had standing to pursue the custody petition. Reviewing the facts in In...

Bankruptcy filings drop 70 percent in WNY.
April 3, 2006... Byline: Daily Record Staff Three months into 2006 and bankruptcy filings remain down in the Rochester area but it is still not clear whether the new bankruptcy law that took effect in October 2005 is having the impact that Congress...

Nominations sought for associate judge of the NY Court of Appeals.
April 3, 2006... Byline: Daily Record Staff The New York State Commission on Judicial Nomination announced that the commission is seeking recommendations and applications of persons who may be qualified to serve as an associate judge of the New York Court...

NY Attorney General's financial recoveries shatter records.
April 3, 2006... Byline: Daily Record Staff New York State Attorney General Eliot Spitzer announced that financial recoveries obtained by the AG's office, jumped over 18 percent in 2005, resulting in over $770 million in deposits to the state treasury, and...

Rochester Legal Briefs: April 3, 2006.
April 3, 2006... Byline: Daily Record Staff In criminal decisions by the Appellate Division, Fourth Department, issues involving sentencing and suppression were reviewed. CRIMINAL DECISIONS Sentencing - Political Comments A defendant...

NY State Supreme Court, Appellate Division, rules emergency doctrine did not apply to car crash.
April 4, 2006... Byline: Helen Nguyen Concluding the defendant was not confronted with an "emergency" when she hit the plaintiff's car in order to avoid hitting a bird that she allegedly saw in the road, the New York State Supreme Court, Appellate...

Monroe County Court judge rules manslaughter prosecution violates Criminal Procedure Law s. 40.40.
April 4, 2006... Byline: Sarah M. Feingold Where the defendant was involved in a motor vehicle accident which resulted in a death, he was convicted of several misdemeanors. The defendant appealed the convictions and the matter was returned for a new trial....

Rochester Legal Briefs: April 4, 2006.
April 4, 2006... Byline: Daily Record Staff The Fourth Department issued rulings in a number of CPLR article 78 proceedings. These include pistol permit, revocation of driver's license and a writ of prohibition. Writ Of Prohibition - Double Jeopardy...

'Daily Record' presents Inaugural Leaders in Law Award in Buffalo.
April 5, 2006... Byline: Sarah M. Feingold The Daily Record is proud to recognize individuals within the Eighth Judicial District whose leadership... has made a positive impact," The Daily Record Editor Kevin Momot announced. Thus begun the inaugural...

N.Y. State Bar Assn. urges Legislature to examine eminent domain.
April 5, 2006... Byline: Daily Record Staff In testimony submitted Monday to the state Senate Judiciary Committee, New York State Bar Association President A. Vincent Buzard called on the Legislature to establish a commission to study all proposed...

Rochester office of Nixon Peabody's partner to train judges on media and the law.
April 5, 2006... Byline: Daily Record Staff Christopher Thomas, a partner with Nixon Peabody LLP's Rochester office, has been selected by the Federal Judicial Center to train federal magistrate judges on issues related to media, the law and the federal...

Unified Court System Family Violence Task Force seminar to be held in Buffalo.
April 5, 2006... Byline: Daily Record Staff The Unified Court System Family Violence Task Force will present a seminar for Seventh Judicial District justices and judges, including local town and village justices, from 9:30 a.m. to 3:30 p.m. on Friday, May...

N.Y. State Court of Appeals lists recent filings.
April 5, 2006... 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...

Attorney's fees of $330,000 was reasonable, Monroe County Surrogate's Court judge finds.(Obituary)
April 6, 2006... Byline: Sarah M. Feingold Where the attorney's fees on a $15.5 million estate were $330,000, the Attorney General contested the fees and argued that it was an unreasonable request, given that the time expended on the estate was minimal....

'Herstory' lecture program: Women in the medical field.
April 6, 2006... Byline: Nora A. Jones The audience asked Dr. Ruth Lawrence and Dr. Wende Logan-Young a number of questions in the dialogue portion of the March 29 Herstory lecture sponsored by the Greater Rochester Association for Women Attorneys....

Fraudulent claims handling center of insurance dispute.
April 6, 2006... Byline: Helen Nguyen Concluding there was insufficient evidence to support the plaintiffs' claims that the defendant insurance company engaged in fraudulent claims handling and deceptive practices, the U.S. District Court for the Western...

U.S. district court of New York denies motion over payment for watermelon shipments.
April 7, 2006... Byline: Helen Nguyen Whether the plaintiff was obligated to pay $38,328 to the defendant for 11 separate shipments of watermelons under the Perishable Agricultural Commodities Act of 1930 (PACA) was the central issue that the U.S. District...

New York attorney general challenges 'sypware' distributor for secretly installing pop-up ads.
April 7, 2006... Byline: Daily Record Staff New York State Attorney General Eliot Spitzer commenced a lawsuit against what he termed "one of the most elusive Internet spyware companies," alleging that the firm surreptitiously installed millions of pop-up...

Federal courts ask congress for extra funding to continue its progress.
April 7, 2006... Byline: Daily Record Staff The federal courts have asked Congress to provide funds for 2007 that are sufficient to build on the gains achieved in fiscal year 2006, or risk re-creating the funding problems of past years. "The federal...

Syracuse judge censured for 'rude and demeaning conduct' towards an assault victim.
April 7, 2006... Byline: Sarah M. Feingold In a determination dated March 15, the New York State Commission on Judicial Conduct censured Syracuse City Court Judge Karen M. Uplinger for making "rude and demeaning" statements to witnesses in two proceedings...

The appellate division addresses father's obligation to provide college education for his daughters.
April 7, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department decisions addressed family law issues, including the obligation to provide for college education. FAMILY LAW College Expenses - Stipulation A father brought...

N.Y. State Supreme Court rules payment of fine not required for appeal.
April 10, 2006... Byline: Sarah M. Feingold Where the petitioner was found guilty of an expired inspection and was imposed a penalty, he submitted an Article 78 application requesting the court to order the Bureau of Parking and Municipal Code Violations of...

Moretti chairs new Unauthorized Practice Of Law Committee, Monroe County.
April 10, 2006... Byline: Daily Record Staff Mark J. Moretti, a partner with Phillips Lytle LLP, was named chair of the newly formed Unauthorized Practice of Law Committee of the Monroe County Bar Association. He previously served as Chair of the Real...

New book examines psychologically intriguing legal cases.
April 10, 2006... Byline: Daily Record Staff From investigations into Lee Harvey Oswald's troubled adolescence to courtroom debates over Mike Tyson's violent tantrums, the 20 most psychologically intriguing legal cases of the past 50 years are chronicled in...

NY State Supreme Court, Erie County judge rules ID procedure for robbery suspects was proper.
April 11, 2006... Byline: Sarah M. Feingold Where three defendants were part of an identification procedure following a robbery, the defendants moved to suppress the identifications. Reviewing the facts in People v. Antwan LaPorte, KH, a Juvenile...

New York State Unified Court System unveils action plan for interpreting services.
April 11, 2006... Byline: Daily Record Staff The New York State Unified Court System unveiled an Action Plan on Court Interpreting Services -- a program designed to meet the language needs of litigants. In New York, 30 percent of residents - nearly five...

2nd Circuit's Criminal Justice Act/Pro Bono Committee seeks applications.
April 11, 2006... Byline: Daily Record Staff According to the Criminal Justice Act/Pro Bono Committee of the U.S. Court of Appeals for the Second Circuit, applications are now being accepted for service on the Pro Bono Panel. The deadline to file an...

U.S. District Court, Western Dist. N.Y. dismisses ex-police officer's claims of unlawful termination.
April 12, 2006... Byline: Helen Nguyen Based on the fact that the plaintiff, an ex-police officer, was convicted of various misdemeanors where she made false statements in her official capacity as an officer, the U.S. District Court for the Western District...

N.Y. State Supreme Court rules parolee illegally detained prior to treatment.
April 12, 2006... Byline: Sarah M. Feingold Where the petitioner was charged with petite larceny and was to participate in a drug treatment program, he violated his parole and argued that he was illegally detained. Reviewing the facts in People ex rel....

U.S. District Court judge rules city court judge was entitled to judicial immunity.
April 13, 2006... Byline: Helen Nguyen Was a noise in a courtroom the sound of a wristwatch alarm or a cell phone? In trying to determine this, a judge was accused by four plaintiffs, who were in the courtroom, of illegally detaining them and violating...

New York County judge rules contract was valid despite terror threat.
April 14, 2006... Byline: Sarah M. Feingold Where the plaintiff contracted to hold a conference at the defendant's hotel and cancelled the conference due to a raised terrorism threat level, the plaintiff sought a refund of the deposit. Reviewing the...

Contract Was Valid Despite Terror Threat.
April 14, 2006... Byline: Sarah M. Feingold

U.S. District Court for Western District of NY rules Wegmans not entitled to interpleader action.
April 14, 2006... Byline: Helen Nguyen The U.S. District Court for the Western District of New York recently addressed a motion by Wegmans Food Markets, Inc. to treat a dispute involving $330,705 as an interpleader action. In concluding that Wegmans was...

Monroe County Bar Assn. to offer program about advocacy in mediation of civil disputes.
April 14, 2006... Byline: Daily Record Staff On Tuesday, April 25, the Monroe County Bar Association will offer a new program about mediation entitled "Effective Advocacy in Mediation." The course will take place from 8:30 to 10:30 a.m. at the MCBA...

U.S. Bankruptcy Court increases filing fees.
April 14, 2006... Byline: Daily Record Staff It now costs more to file a bankruptcy petition in the U.S. Bankruptcy Court. The cost of filing for Chapter 7 bankruptcy protection went up $25 to $299. Included in this total is a $15 trustee fee, and a $39...

NYS Court of Appeals lists filings for Feb. 24 through March 2, 2006.
April 14, 2006... 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...

NY Supreme Court rules insurance co. not required to defend plaintiff in personal injury action.
April 17, 2006... Byline: Sarah M. Feingold Where an employee of the plaintiff was injured, the plaintiff moved for orders declaring that the defendant must defend and indemnify it in the action. Reviewing the facts in Benderson Development Co. v....

American Bar Assn.'s ethics opinion focuses on aggregate settlements.
April 17, 2006... Byline: Daily Record Staff In an ethics opinion issued earlier this month (Opinion 06-438), the American Bar Association Standing Committee on Ethics and Professional Responsibility provided guidance to help lawyers avoid conflicts of...

NY State Court of Appeals lists jurisdictional statement filings for Feb. 24-March 2, 2006.
April 17, 2006... 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...

Court Of Appeals Lists Recent Jurisdictional Statement Filings.
April 17, 2006... Byline: Daily Record Staff

Monroe County Court judge rules defendant was not deprived of fair trial.
April 18, 2006... Byline: Sarah M. Feingold Following conviction of Criminal Possession of a Weapon in the Third Degree, which was affirmed by the Fourth Department, the defendant moved to vacate the judgment based on his contention that he was deprived of...

U.S. District Court for Western District of NY grants class certification against school district.
April 18, 2006... Byline: Helen Nguyen Where the plaintiffs claimed that their school district failed to properly evaluate and provide appropriate educations for its disabled students as required by the Individuals with Disabilities Education Act (IDEA),...

'Buffalo Law Review' to honor alumni.
April 18, 2006... Byline: Daily Record Staff Denise E. O'Donnell, a partner with Hodgson Russ LLP, and Robert C. Schwenkel, a partner in the New York City-based law firm Fried Frank Harris Shriver and Jacobson, will be honored at the 17th annual Buffalo Law...

Rochester's spring real estate market increases.
April 18, 2006... Byline: Sarah M. Feingold According to the Greater Rochester Association of Realtors, year-to-date existing single-family home sales are down 3.1 percent compared to 2005, and are up 42.8 percent compared to last month. The average...

New Medicaid laws: early planning is the key.
April 18, 2006... Byline: Daily Record Staff Nearly 10 million Americans need service and support to assist them in life's daily activities. It's no secret that financing that care is becoming more challenging. Medicaid is the nation's major source of...

New York State Court of Appeals lists filings for March 3 through March 9, 2006.
April 18, 2006... 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...

NY court rules mother, homeowner not liable for stabbing at house party.
April 19, 2006... Byline: Sarah M. Feingold Where a party guest was beaten and stabbed at a house party, he sued the owner of the house and the mother of the person who hosted the party alleging they were careless, reckless and negligent. Reviewing the...

Mother, Homeowner Not Liable For Stabbing At House Party.
April 19, 2006... Byline: Sarah M. Feingold

Univ. of Buffalo Law Alumni Assn. to honor five at annual dinner.
April 19, 2006... Byline: Daily Record 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 44th annual UB Law Alumni Association meeting...

NY State Supreme Court, Onondaga County judge rules bar failed to comply with cigarette ban.
April 20, 2006... Byline: Sarah M. Feingold Where the health department observed patrons of the petitioner's bar smoking, in violation of New York's Clean Indoor Air Act, a hearing officer found that the bar violated the Act and directed it to pay a fine....

Radio documentary to focus on bankruptcy, Credit Abuse Resistance Education program.
April 20, 2006... Byline: Sarah M. Feingold U.S. Bankruptcy Court, Western District of New York Chief Judge John C. Ninfo, II, recently participated in a one hour radio documentary titled "Bankrupt: Maxed Out in America," which will broadcast at 1 p.m. on...

Lawyers from several firms running together in Chase Corporate Challenge in Rochester.
April 20, 2006... Byline: Daily Record Staff The annual Chase Corporate Challenge will take place on Thursday, June 1 at the Rochester Institute of Technology. To bring the legal community together, the Monroe County Bar Association sought firms,...

New York State Court of Appeals lists filings for March 10 through March 23, 2006.
April 20, 2006... 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...

DNA evidence from Zacher family admissible.
April 21, 2006... Byline: Sarah M. Feingold Where the defendant was accused of two counts of Murder in the First Degree and one count of Assault in the First Degree, he moved to preclude the DNA evidence taken from four individuals. Reviewing the facts...

DNA Evidence From Zacher Family Admissible.
April 21, 2006... Byline: Sarah M. Feingold

Immigration policy and crime control focus of conference at Univ. of Buffalo Baldy Center.
April 21, 2006... Byline: Daily Record Staff With the recent debates and protests over U.S. immigration policy as a backdrop, the University at Buffalo Baldy Center for Law and Social Policy will present the conference "Merging Immigration and Crime...

'New York State Bar Journal' seeks candidates for editorial board.
April 21, 2006... Byline: Daily Record Staff Are you interested in serving on the Board of Editors of the New York State Bar Journal? If so, New York State Bar Association members are asked to submit application information to: Daniel J. McMahon,...

New York State Court of Appeals Filings for March 24-30, 2006.
April 21, 2006... 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...

Plaintiff assumed risk with regard to hockey injury.
April 24, 2006... Byline: Sarah M. Feingold Where the plaintiff was injured in a hockey game, after the whistle had been blown by the referee, the defendant moved for summary judgment dismissing the action on the ground of assumption of risk. Reviewing...

Plaintiff Assumed Risk With Regard To Hockey Injury.
April 24, 2006... Byline: Sarah M. Feingold

State health department launches new health care initiatives.
April 24, 2006... Byline: Daily Record Staff The New York State Health Dept. announced the creation of six regional demonstration projects totaling $6.5 million in grant awards to help address the complex health care needs of Medicaid recipients with...

NY Court of Appeals lists more filings for March 24-30, 2006.
April 24, 2006... 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 Court judge rules photo ID of murder suspect was proper.
April 25, 2006... Byline: Sarah M. Feingold Where the defendant was charged with Murder in the Second Degree and Possession of a Weapon in the Second Degree, he moved to suppress the in-court identification by various witnesses on the ground that the...

Photo ID Of Murder Suspect Was Proper.
April 25, 2006... Byline: Sarah M. Feingold

New York legal community shows support for celebrity gala.
April 25, 2006... Byline: Daily Record Staff A number of individuals from the legal and business community were on hand to support 15th Annual 2006 New York State Sports & Entertainment Celebrity Gala, held on Thursday, April 13 at the Hyatt Regency...

NY State Bar Association plan will fund legal services for poor.
April 25, 2006... Byline: Daily Record Staff To help close the "justice gap" in New York, the State Bar Association is pursuing a creative way to secure more money to help fund legal services to the poor. Under a legal doctrine known as cy pres comme...

New York State Court of Appeals lists filings for March 24 through March 30, 2006.
April 25, 2006... 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...

N.Y. State Supreme Court grants defendant's motion to dismiss complaint.
April 26, 2006... Byline: Sarah M. Feingold Where the plaintiff soccer coach was terminated and argued breach of contract, the defendant moved to dismiss the complaint. The defendant also alleged that the action was inappropriate due to an arbitration...

Soccer Coach Claims Breach Of Contract.
April 26, 2006... Byline: Sarah M. Feingold

Greater Rochester Assn. for Women Attorneys 's Law Day effort to benefit campaign for justice.
April 26, 2006... Byline: Nora A. Jones In conjunction with the Law Day luncheon organized by the Monroe County Bar Association, the Greater Rochester Association for Women Attorneys traditionally spearheads a charitable effort to benefit some segment of...

New director named to Administrative Office of U.S. Courts.
April 26, 2006... Byline: Daily Record Staff U.S. Supreme Court Chief Justice John G. Roberts, Jr. recently announced the appointment of James C. Duff as the director of the Administrative Office of the U.S. Courts. Duff, who has over 30 years of...

N.Y. State Court of Appeals lists additional filings.
April 26, 2006... 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...

Onondaga County Family Court rules denies objection to child support order.
April 27, 2006... Byline: Sara Stout Ashcraft Where the petitioner filed an objection in connection with a child support order, the court examined the petitioner's excuse for his default. Reviewing the facts in Matter of J.S. v. R.A.S., Onondaga County...

Objection To Child Support Order Denied.
April 27, 2006... Byline: Sara Stout Ashcraft

N.Y. State Senate examines DWI legislation.
April 27, 2006... Byline: Daily Record Staff A package of DWI legislation was introduced in the New York State Senate that will keep repeat DWI offenders off the streets and increase the penalties for drunk driving, especially drunk drivers that severely...

U.S. District Court for Western District of NY rules on union's ERISA action against employer.
April 28, 2006... Byline: Helen Nguyen Where the defendant moved to dismiss the plaintiffs' claim seeking employee benefit contributions, the U.S. District Court for the Western District of New York concluded that genuine issues of fact existed which...

Union Brings ERISA Action Against Employer.
April 28, 2006... Byline: Helen Nguyen

NY State Attorney General Spitzer sues to recover additional tobacco funds.
April 28, 2006... Byline: Daily Record Staff New York State Attorney General Eliot Spitzer announced this week that a total of $738 million was paid to the state, New York City and individual counties under a tobacco Master Settlement Agreement (MSA). ...

Entry-level hiring at law firms strengthens.
April 28, 2006... Byline: Daily Record Staff The market for entry-level associates at law firms has strengthened somewhat, according to the most recent edition of Patterns & Practices: Measures of Law Firm Hiring, Leverage & Billable Hours, an annual...

Letter To The Editor.(Letter to the editor)
April 28, 2006... Byline: Daily Record Staff David M. Schraver is managing partner of the Rochester Office of Nixon Peabody LLP and is a member-at-large of the Executive Committee of the New York State Bar Association.

American Bar Foundation Publications to release "Eminent Domain Use and Abuse: Kelo in Context".
April 28, 2006... Byline: Daily Record Staff This book provides an analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the question of when eminent domain may constitutionally be used to take property for projects that...

NY State Court of Appeals lists filings for April 7 through 13, 2006.
April 28, 2006... 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...

NY State Bar Association offers summer institute for teachers.
April 28, 2006... Byline: Daily Record Staff The New York State Bar Association's Law Youth and Citizenship Program will hold its fourth annual "We the People: The Citizen and the Constitution" summer institute at Skidmore College Aug. 6 through 12. ...