Daily Record (Rochester, NY) articles from April 2009

Daily Record (Rochester, NY) archives from April 2009

Case Digests.
April 1, 2009... u.s. district Court, Wdny Ripeness Acquest Wehrle LLC v. U.S. 06-CV-654 Judge Curtin Background: Plaintiff Acquest Wehrle LLC brought this action against the United States, the U.S. Environmental Protection Agency and the U.S. Army Corps...

Commentary: How can you prevent investment fraud?
April 1, 2009... Byline: John Hamling There are a few simple, nearly certain ways to prevent 99 percent of investment frauds we witnessed from the Madoff scandal, the Stanford Financial Group and others. First, when selecting a financial advisor firm to...

The Daily Record News Briefs: April 1, 2009.
April 1, 2009... Byline: Daily Record Staff Carestream Health to receive Shingo Award For the second consecutive year, Carestream Health Inc. was recognized with a Shingo Award for excellence in manufacturing. The company's Rochester manufacturing...

Weathering the storm in Rochester.
April 1, 2009... Byline: Colleen M. Farrell The Greater Rochester region is fairly insulated from the effects of the current recession, but some problems, such as manufacturing job losses, are being exacerbated by the downturn. That was the message driven...

New York State Court of Appeals rules 'substance over form' defines relief sought.
April 1, 2009... Byline: Elizabeth Stull A multi-billion dollar case that charged Morgan Stanley Dean Witter & Co. with misusing confidential business information was dismissed as time-barred by the New York State Court of Appeals. The decision clarifies...

Rochester-area retirees' claims mount.
April 1, 2009... Byline: Elizabeth Stull Dozens of people have come forward following a widely publicized settlement agreement reached by retirees of Eastman Kodak Co. and Xerox Corp. with Morgan Stanley Dean Witter & Co. The financial company will pay $7...

U.S. District Court, Western District of N.Y. Case Summaries: April 1, 2009.(Case overview)
April 1, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Ripeness Acquest Wehrle LLC v. U.S. 06-CV-654 Judge Curtin Background: Plaintiff Acquest Wehrle LLC brought this action against the United States, the U.S....

U.S. District Court, Northern District of N.Y. Case Summaries: April 1, 2009.(Case overview)
April 1, 2009... Byline: Daily Record Staff U.S. District Court, Northern District of N.Y. Fourth Amendment Airport Screening VanBrocklen v. U.S. 08-CV-312 Judge McAvoy Background: The plaintiff commenced action against the Transportation Security...

Appellate Division, 4th Department Case Summaries: April 1, 2009.(Case overview)
April 1, 2009... Byline: Daily Record Staff Appellate Division, 4th Department Consignments Perfection of Security Interest Vibo Corp. v. White 279 Appealed from Supreme Court, Erie County Background: The appeal is from an order, in an action for the...

Appellate Division, 3rd Department Case Summaries: April 1, 2009.(Case overview)
April 1, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Case Summaries: April 1, 2009 Attorney Discipline Matter of Mitchell D-08-09 Background: The respondent attorney was admitted to practice in New York in 1992 and maintained...

Case Digests.
April 2, 2009... U.S. Court of Appeals for the Second Circuit Equitable Remedies Clean Hands Motorola Credit Corporation v. Uzan 07-2076-cv Appealed from the Southern District of New York Background: This appeal is from an order denying a motion for...

Commentary: Attempted deceit supports treble damages.
April 2, 2009... Byline: James S. Wolford A recent decision from the New York State Court of Appeals in Amalfitano v. Rosenberg, 12 NY3d 8 (2009), held that treble damages will be awarded against an attorney for his attempted deceit in the course of...

Commentary: The day I heard my eulogy.
April 2, 2009... Byline: Robert L. Brenna Jr. I'm not positive what year it was, but my best guess is 2002. I do know that it was Dec. 21, because it was my birthday. Despite any jokes to the contrary, I learned that sometimes we forget to give those we...

The Daily Record News Briefs: April 2, 2009.
April 2, 2009... Byline: Daily Record Staff and Wire Reports New B&L Japan chairman named Mitsuo (Mike) Hirose has been named chairman of Bausch & Lomb Japan, effective immediately. Hirose has served on the subsidiary's board of directors since January....

Rochester's downtown riverfront project takes shape.
April 2, 2009... Byline: Colleen M. Farrell After five years of planning, a downtown riverfront housing project is moving forward. Demolition of the River Park Commons housing complex on Mount Hope Avenue near Gregory Street began Wednesday. The work will...

City Court, county jury: Efficiency v. demography.
April 2, 2009... Byline: Elizabeth Stull The jury pools for city and town courts are separate but equal, according to officials. Whereas town juries are selected from a pool of town residents, city court juries are selected from a countywide pool. A 2006...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: April 2, 2009.(Case overview)
April 2, 2009... Byline: Daily Record Staff and Wire Reports U.S. Court of Appeals for the 2nd Circuit Equitable Remedies Clean Hands Motorola Credit Corporation v. Uzan 07-2076-cv Appealed from the Southern District of New York Background: This appeal is...

U.S. District Court, Western District of New York Case Summaries: April 2, 2009.(Case overview)
April 2, 2009... Byline: Daily Record Staff and Wire Reports U.S. District Court, Western District of New York Prejudgment Interest T2 Solutions Inc. v. Allen Datagraph Systems Inc. 04-CV-170 Judge Arcara Background: Plaintiff T2 Solutions, Inc. brought...

Appellate Division, 3rd Department Case Summaries: April 2, 2009.(Case overview)
April 2, 2009... Byline: Daily Record Staff and Wire Reports Appellate Division, 3rd Department Insufficient Evidence People v. Vargas 100367 Appealed from County Court, Broome County Background: The defendant appeals upon a verdict convicting him of the...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: April 3, 2009.(Case overview)
April 3, 2009... Byline: The Daily Record Staff Immigration Voluntary Departure Mahmood v. Holder 07-5656-ag Appealed from the Board of Immigration Appeals Background: This is a petition for review of a decision by the Board of Immigration Appeals...

Commentary: Opening a window: The new Form 990.
April 3, 2009... Byline: Michelle M. Cain The Internal Revenue Service recently released the final 2008 Form 990 and instructions for the 2009 tax season. The revision is the result of a huge undertaking by the IRS to update the form to reflect the...

The Daily Record News Briefs: April 3, 2009.
April 3, 2009... Byline: The Daily Record Staff Local Realtor launches blog Mark Siwiec, a real estate agent with ReMax Realty Group in Pittsford, has launched what he is touting as Rochester's premier real estate blog. The new site features advice,...

Nat'l. Volunteer Week: Greece Special Police honored.
April 3, 2009... Byline: Elizabeth Stull Twenty-seven members of the Greece Special Police unit will receive presidential Volunteer Service Awards at the Greece Peace Officers Association's 2009 Annual Banquet Ceremony on the eve of National Volunteer...

What's old is new again: Former factories, schools, mansions in Rochester being transformed.
April 3, 2009... Byline: Colleen M. Farrell Stu Chait's architectural firm is on the second floor of a building that once housed a saw blade manufacturer in the High Falls district. Brightly-colored furniture and accessories adorn the circa-1800s space,...

New York Court of Appeals ruling moors 2009 regatta.
April 3, 2009... Byline: Elizabeth Stull The race is off - at least that of the previously planned, $2 billion multi-boat America's Cup sailing regatta originally scheduled for this summer in Valencia, Spain. That race sank Thursday with a Court of...

Appellate Division, 4th Department Case Summaries: April 3, 2009.(Case overview)
April 3, 2009... Byline: The Daily Record Staff Grand Juries Reports -- Redaction Tantillo v. Second Named Public Servant 141 Appealed from County Court, Seneca County Background: This appeal is from a court order that accepted Report Number 7 of the...

U.S. District Court, Northern District of New York Case Summaries: April 3, 2009.(Case overview)
April 3, 2009... Byline: The Daily Record Staff Social Security Mancuso v. Astrue 06-CV-627 Judge Treece Background: The plaintiff, now 39 years old, alleged disability due to neck and back pain as well as depression when filing her claim for SSI...

U.S. District Court, Western District of New York Case Summaries: April 3, 2009.(Case overview)
April 3, 2009... Byline: The Daily Record Staff Breach of Contract Territorial Agreement Basil Ford v. Ford Motor Company 06-CV-766 Judge Arcara Background: Plaintiff has been an authorized Ford dealer in the Buffalo area since April 1985. As defined in...

New York State Court of Appeals Case Summaries: April 6, 2009.(Case overview)
April 6, 2009... Byline: The Daily Record Staff Municipal Tort Liability McLean v. City of New York No. 46 Appealed from the Appellate Division Background: Patricia Theroulde had a business caring for young children at her home in Manhattan. The New...

Commentary: What it takes to be a fiduciary.
April 6, 2009... Byline: Shaune Oppelt The word fiduciary in the world of retirement plans always has had a clear definition. There always has been some ambiguity, however, surrounding just who is considered a fiduciary and what it takes to be a successful...

Commentary: It's not a perfect system, but it works.
April 6, 2009... Byline: Nicole Black Justice is the tolerable accommodation of the conflicting interests of society, and I don't believe there is any royal road to attain such accommodation concretely. -- Judge Learned Hand, Philip Hamburger's The Great...

The Daily Record News Briefs: April 6, 2009.
April 6, 2009... Byline: The Daily Record Staff Stimulus: Area projects net $7.1 million In addition to $3.8 million to expand ARTWalk, several area towns received a share of the federal stimulus funds through the Transportation Enhancement Program...

Rochester's ARTWalk 2: Growing in every direction.
April 6, 2009... Byline: Elizabeth Stull The City of Rochester will use designated federal stimulus funds to extend ARTWalk in every direction and improve University Avenue, Mayor Robert J. Duffy announced late last week. The permanent urban art trail...

Neighborhood Focus: Upper Monroe in Rochester.
April 6, 2009... Byline: Colleen M. Farrell The Upper Monroe neighborhood on the city's east side has plans to get back to its roots -- literally. One of its earliest settlers, C.F. Crosman, started his seed company at 901 Monroe Ave. in 1840. By 1890, it...

Racketeering charges allowed against Western New York monks.
April 6, 2009... Byline: Elizabeth Stull A young man who wanted to be a Benedictine monk turned over almost $1.4 million in cash and stocks to a Western New York monastery -- but he claims the religious group deceived him, and he wants his money back. Eric...

Appellate Division, 3rd Department Case Summaries: April 6, 2009.(Case overview)
April 6, 2009... Byline: The Daily Record Staff Unemployment Reprimands Matter of Bouton v. Commissioner of Labor 505192 Appealed from the Unemployment Insurance Appeal Board Background: This appeal is from an order following the board's...

Case Digests.
April 7, 2009... U.S. Court of Appeals for the Second Circuit Trademark Infringement Rescuecom Corp. v. Google Inc. 06-4881-cv Appealed from the Northern District of New York Background: The plaintiff appeals from a judgment dismissing its action against...

Commentary: Consumer lending: Then and now.
April 7, 2009... Byline: Robert G. Sheridan I have been in the consumer lending business for more than 35 years. One would think that, surely, I have seen it all -- amazing growth and dynamic change -- during that time. To be perfectly honest, my...

Commentary: Tighten your belt, New York.
April 7, 2009... Byline: Hon. Robert J. Lunn Absurdity is not a handicap in politics. -- Napoleon Bonaparte Mine is not a political column, nor has it ever aspired to be such. It was conceived, instead, by my editor as a place to share the reflections...

New resource on Sheriff Rochester.
April 7, 2009... Byline: Elizabeth Stull Before founding the City of Rochester, Nathaniel Rochester (1752-1831) was the sheriff of Washington County, Md., from 1804-1806. A previously unavailable collection of his jail and law enforcement records from that...

The Daily Record News Briefs: April 7, 2009.
April 7, 2009... Byline: Daily Record Staff Davidson Fink to expand The Rochester law firm of Davidson Fink LLP, one of the original tenants in Downtown's First Federal Plaza, will expand its offices. The full-service law firm occupies the entire 17th...

Rates low, refis up for Rochester mortgage lenders.
April 7, 2009... Byline: Colleen M. Farrell Area mortgage lenders have seen an increase in mortgage applications from both the number of people refinancing as well as homebuyers. It's a trend they say won't be ending anytime soon. The average rates for...

New York's Wicks Law fight takes to the courts.
April 7, 2009... Byline: Elizabeth Stull The Empire State Chapter of Associated Builders and Contractors Inc. (ABC) and a coalition of plaintiffs including Erie County have filed suit for an order declaring recent amendments to Wicks Law unconstitutional....

U.S. Court of Appeals for the 2nd Circuit Case Summaries: April 7, 2009.(Case overview)
April 7, 2009... Byline: Daily Record Staff Trademark Infringement Rescuecom Corp. v. Google Inc. 06-4881-cv Appealed from the Northern District of New York Background: The plaintiff appeals from a judgment dismissing its action against Google Inc....

New York State Court of Appeals Case Summaries: April 7, 2009.(Case overview)
April 7, 2009... Byline: Daily Record Staff Suppression People v. France No. 106 Appealed from the Appellate Division Background: The defendant contends he was entitled to a hearing on his suppression motion. Despite having sufficient information...

Appellate Division, 4th Department Case Summaries: April 7, 2009.(Case overview)
April 7, 2009... Byline: Daily Record Staff Sex Offender Registration Act People v. Busby KA 08-00594 Appealed from Erie County Court Background: In an appeal from a classificaiton proceeding under the Sex Offender Registratiaon Act, the defendant...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: April 8, 2009.(Case overview)
April 8, 2009... Byline: The Daily Record Staff Evidence Sufficiency U.S. v. Hertular 07-1453-cr Appealed from the Southern District of New York Background: The appeal is from a conviction in district court. Through counsel, the defendant challenges the...

Commentary: Is it time to invest in corporate bonds?
April 8, 2009... Byline: Christopher Raby With economic fears at all-time highs, investors have shed their positions in risky assets for the safety of U.S. Treasuries and cash. Corporate bonds have declined substantially in price as a result of speculation...

Commentary: The power of faith in the practice of law.
April 8, 2009... Byline: Langston D. McFadden Faith is defined as the belief in, devotion to, or trust in somebody or something, especially without logical proof. We all seem to understand faith when it comes to our religious beliefs, but we rarely...

Commentary: Overtaxing same-sex couples.
April 8, 2009... Byline: Scott Forsyth Four weeks ago I updated you on the status of three cases involving the recognition of marriages between persons of the same sex validly performed outside of New York. The first arose in Monroe County and featured an...

The Daily Record News Briefs: April 8, 2009.
April 8, 2009... Byline: The Daily Record Staff MCC grieves, moves forward with search Flags will fly at half-staff this week at Monroe Community College as the school grieves the loss of Richard Guon, who served as chairman of its board of trustees....

New York State Attorney General's office unveils revamped Web site.
April 8, 2009... Byline: Elizabeth Stull The New York State Attorney General's office on Tuesday unveiled Project Sunlight 2.0, a revamped Web site that provides expanded access to information about state and local officials, legislation, campaign finance...

Economy forces innovation in Greater Rochester region.
April 8, 2009... Byline: Colleen M. Farrell Despite high taxes, the Greater Rochester region has the basic ingredients to become a new Silicon Valley or Research Triangle. The key to moving forward successfully, according to IP attorney Andrew K....

Coming soon to the 7th District: E-filing.
April 8, 2009... Byline: Elizabeth Stull A new pilot program in Livingston County will allow lawyers to file certain cases in state court without leaving their offices. E-filing, long mandatory in the federal court system, is about to arrive in the...

Appellate Division, 3rd Department Case Summaries: April 8, 2009.(Case overview)
April 8, 2009... Byline: The Daily Record Staff Jury Charges Missing Witness People v. Demagall 102005 Appealed from County Court, Columbia County Background: The defendant appeals upon a verdict convicting him of the crime of murder in the second...

U.S. District Court, Western District New York Case Summaries: April 8, 2009.(Case overview)
April 8, 2009... Byline: The Daily Record Staff Job Discrimination Lunts v. Rochester City School District 07-CV-6272 Judge Telesca Background: The plaintiffs brought action pursuant to Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of...

Case Digests.
April 9, 2009... New York State court of appeals Equitable Liens M&B Joint Venture Inc. v. Laurus Master Fund Ltd. No. 44 Appealed from the Appellate Division Background: Penthouse International Inc., the owner of a New York City townhouse, entered into...

Commentary: Greater Rochester Association for Women Attorneys relevant in changing times.
April 9, 2009... Byline: Heidi Schult Gregory In order to thrive, the Greater Rochester Association for Women Attorneys and other organizations must find ways to adapt in changing times. When speaking with the GRAWA board and members about our uncertain...

Commentary: A legacy of community service.
April 9, 2009... Byline: Fatimat O. Reid It is nearly impossible to speak of the Rochester Black Bar Association without first offering a brief introduction to the National Bar Association, of which our organization is an affiliate. Founded in 1925, the...

Commentary: Portrait of the artist as a volunteer.
April 9, 2009... Byline: Linda Kostin Never let it be said that members of the legal profession lack creativity. A lot of art goes into the cross examination of an expert witness, for example. Of course, there are some members of the profession who are...

Commentary: Upholding a just society.
April 9, 2009... Byline: T. Andrew Brown Stories of wrongful convictions sadly are all too common. Their harm reaches well beyond the person who is wrongly convicted. Our entire system of justice is compromised. Locally, the occurrences of wrongful...

The Daily Record News Briefs: April 9, 2009.
April 9, 2009... Byline: Daily Record Staff and Wire Reports A Rochester law school? The prospect of a law school in Rochester will be discussed May 6 as part of the Speakers Forum at the Monroe County Bar Association. Four local attorneys will join St....

Rochester Area Business Ethics Foundation and Geva Comedy Improv put spotlight on ethics.
April 9, 2009... Byline: Colleen M. Farrell A CEO with a 10-gallon hat who swaggers a lot like former President George W. Bush, a product line of exploding pencils filled with fake lead known as fred and a scheme to move a company so that it will straddle...

New York State Bar Association task force: Wrongful convictions are preventable.
April 9, 2009... Byline: Elizabeth Stull Had police and prosecutors followed due process, a Rochester woman might have been spared 25 years in a state prison, according to a report adopted April 4 by the New York State Bar Association's House of Delegates....

New York State Court of Appeals Case Summaries: April 9, 2009.(Case overview)
April 9, 2009... Byline: Daily Record Staff and Wire Reports New York State Court of Appeals Equitable Liens M&B Joint Venture Inc. v. Laurus Master Fund Ltd. No. 44 Appealed from the Appellate Division Background: Penthouse International Inc., the owner...

Appellate Division, Third Department Case Summaries: April 9, 2009.(Case overview)
April 9, 2009... Byline: Daily Record Staff and Wire Reports Appellate Division, Third Department Premises Liability Basis for Liability-Control Silverberg v. Palmerino 504546 Appealed from Supreme Court, Albany County Background: Defendants Robert...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: April 10, 2009.(Case overview)
April 10, 2009... Byline: The Daily Record Staff Telecommunications Global Network Communications Inc. v. City of New York 07-5184-cv Appealed from the Southern District of New York Background: Plaintiff, Global Network Communications Inc. appeals from...

Commentary: New guidance for thrift stores.
April 10, 2009... Byline: Susan Lebbon Passed in August 2008, the Consumer Protection Safety Information Act (CPSIA) was an attempt by Congress to protect consumers from purchasing dangerous children's products being sold in the United States. Toys and...

The Daily Record News Briefs: April 10, 2009.
April 10, 2009... Byline: The Daily Record Staff Local judicial evaluation begins The Monroe County Bar Association planned to release through e-mail today its 2009 Judicial Candidates Evaluation. An invitation to participate should be distributed...

Appellate court in session at University at Buffalo Law School.
April 10, 2009... Byline: Elizabeth Stull Attorneys customarily come before the bench. But on Thursday, the bench came to the attorneys, or rather the law students, during a rare appellate court session at the University at Buffalo Law School. Voices echoed...

Stantec officials crossing their fingers for Rochester project.
April 10, 2009... Byline: Colleen M. Farrell Since the search for a new location began, moving to City of Rochester was at the top of Stantec's list, Jim Hofmann, principal and office leader of the Rochester office, said this week. Roughly two years later,...

Appellate Division, 3rd Department Case Summaries: April 10, 2009.(Case overview)
April 10, 2009... Byline: The Daily Record Staff Evidence Past Recollection Recorded People v. Brabant 101649 Appealed from County Court, St. Lawrence County Background: A brother and sister joint assault outside the Kozy Korner Tavern, where they beat...

U.S. Bankruptcy Court Western District New York Case Summaries: April 10, 2009.(Case overview)
April 10, 2009... Byline: The Daily Record Staff Bankruptcy Exemptions -- Earnings In Re Dziedzic 08-14061 Judge Bucki Background: The dispute involves the extent to which a self-employed individual may avail herself of the exemption that New York allows...

U.S. District Court, Western District New York Case Summaries: April 10, 2009.(Case overview)
April 10, 2009... Byline: The Daily Record Staff Social Security McFarland v. Astrue 08-CV-6160 Judge Telesca Background: The plaintiffs' claims for disability and SSI benefits were denied and action was brought to obtain judicial review of the denial....

U.S. Court of Appeals for the 2nd Circuit Case Summaries: April 13, 2009.(Case overview)
April 13, 2009... Byline: The Daily Record Staff Sentencing U.S. v. McCourty 07-3862-cr Appealed from the Eastern District of New York Background: The appeal is from a conviction, following a jury trial, of three counts of possession with intent to...

Commentary: Downturn revs up work-at-home scams.
April 13, 2009... Byline: Gina Bliss There have always been work-at-home scams, and they've always targeted certain groups. Stay-at-home mothers, the elderly, disabled and undereducated job seekers face difficulties navigating the traditional job market....

Commentary: The end of the profession as we know it?
April 13, 2009... Byline: Nicole Black It is from clients that we can glean probable trends in the legal market. It is client demand for new working practices and new efficiencies that will ultimately incline law firms to adopt new technologies. A few...

The Daily Record News Briefs: April 13, 2009.
April 13, 2009... Byline: The Daily Record Staff New site tracks spending and tax rates A new online database lets users now compare per-capita spending and tax rates for counties, towns, cities and villages. Developed by The Business Council's Public...

Rochester unsettled about economy.
April 13, 2009... Byline: Colleen M. Farrell Those in Rochester are reluctant to spend and are generally more worried about the economy compared to their New York State counterparts. That's according to Siena College Research Institute's most recent...

Display in Federal Building in Rochester highlights a 'local treasure'.
April 13, 2009... Byline: Elizabeth Stull Some U.S. courthouses, such as the one in Buffalo, display models of new construction projects. Others, such as the new federal courthouse in Brooklyn, display rotating exhibits of fine art. At the Federal Building...

Appellate Division, 3rd Department Case Summaries: April 13, 2009.(Case overview)
April 13, 2009... Byline: The Daily Record Staff Workers' Compensation Torrance v. Loretto Rest Nursing Home 503056 Appealed from the Workers' Compensation Board Background: The appeal is from an order that ruled that the claimant's discharge was not in...

Western New York Lawyers in the News: April 14, 2009.
April 14, 2009... Byline: Tara E. Buck Phillips Lytle LLP Buffalo office associates Patrick D. Crandell, Taylan Sen and Michael D. Sliger have been admitted to the New York State Bar. Crandell focuses his practice on general litigation matters. Sen...

U.S. District Court, Western District New York Case Summaries: April 14, 2009.(Case overview)
April 14, 2009... Byline: The Daily Record Staff Premises Liability Control Coyle v. GLS Leasco, Inc. 05-CV-754 Judge Arcara Background: On Nov. 4, 1986, GLS Leasco, Inc. purchased real property on Aero Drive in Cheektowaga from Terminal Rentals, Inc....

Commentary: Short sales: An alternative to foreclosure?
April 14, 2009... Byline: Alan Roides It seems like every time one opens the newspaper, surfs the Internet or turns on the news, we are reading/watching/hearing about the continued increase in unemployment numbers, falling property values and staggering...