Daily Record (Rochester, NY) articles from August 2003

Daily Record (Rochester, NY) archives from August 2003

Second Circuit remands survivor benefits case.
August 1, 2003... Byline: Jill Miller Did Eastman Kodak Co. base its decision to deny the plaintiff survivor income benefits on a deficient Summary Plan Description?In Sally J. Burke v. Kodak Retirement Income Plan and Kodak, the plaintiff appeals a...

Racial discrimination and retaliation claims based on conclusory allegations, court finds.
August 1, 2003... Byline: Helen Nguyen Where the plaintiff was terminated by his employer, did the plaintiff provide sufficient evidence to establish a prima facie case of racial discrimination and retaliation?Upon the employer's motion for summary...

NYSBA provides consumers with updated legal information.
August 1, 2003... Byline: Staff Informational pamphlets on legal issues ranging from adoption to buying and selling a home in New York are now available from the New York State Bar Association (NYSBA). The brochures, which have been prepared by various...

Chrysler donates electric cars to reduce pollution, cut costs at UB.
August 1, 2003... Byline: Staff The University at Buffalo received a donation of 10 zero-emission electric cars that are expected to reduce pollution on campus, as well as cut operating costs. The Global Electric Motorcars are among 130 donated to the State...

Bishop Sheen Ecumenical Housing Foundation to hold annual dinner, auction.
August 1, 2003... Byline: Staff Bishop Sheen Ecumenical Housing Foundation (Sheen Housing) will hold its ninth annual gala dinner and auction, Building Hope on March 20, 2004 and planning is underway with the appointment of Lauren Dixon and Hollis Creek as...

Rochester Legal Briefs August 1, 2003.
August 1, 2003... Byline: Jill Miller Indictment StandsA motion to reduce or dismiss the indictment against the defendant is denied. "Defendant asks the court in paragraph 82 of his motion papers to 'determine whether the People presented legally...

Judge Eugene Bergin passes away.
August 1, 2003... Byline: Staff New York State Supreme Court Justice Eugene Bergin lost his battle with cancer earlier this week.Calling hours are set for 7 to 9 p.m. on Saturday, Aug. 2, 2003 and 2 to 4 p.m. on Sunday, Aug. 3, 2003 at the Livingston County...

NY State Supreme Court Judge rules individual defendant liable under lien law.
August 4, 2003... Byline: Jill Miller Is the defendant, former CEO of a defunct company, liable for trust funds that should have been used to pay the plaintiff for supplies used on different projects under the New York Lien Law? Should the plaintiff's...

NY U.S. District Court finds City of Buffalo's hiring practices the focus of Title VII action.
August 4, 2003... Byline: Helen Nguyen Where the City of Buffalo was found to have discriminated against minorities and women in its employment practices, is the city obligated to correct the "shortfall?" Or would the correction of the shortfall constitute...

NY State Supreme Court Justice Eugene W. Bergin passes away.
August 4, 2003... Byline: Jill Miller New York State Supreme Court Justice Eugene W. Bergin, a well respected, admired colleague and accomplished photographer, lost his battle with cancer on Wednesday, July 30, 2003. He was 71.Justice Bergin served as a New...

Rochester-based Harris Beach law firm announces new member of management committee.
August 4, 2003... Byline: Staff Michael J. Masino has been elected to the Harris Beach LLP Management Committee effective July 1, 2003.Masino is a partner in the Rochester office of Harris Beach and a member of the Business & Commercial Litigation, Mass...

Buffalo-based attorney/author Joshua Feinstein publishes book about history of East German cinema.
August 4, 2003... Byline: Robbi Hess An affinity for history, a love of cinema and a doctoral thesis all melded together to become the basis for attorney/author Joshua Feinstein's recently published book, The Triumph Of The Ordinary Depictions Of Daily Life...

Martha Henderson tapped to lead Buffalo Niagara Partnership's board of directors.
August 4, 2003... Byline: Staff Marsha Henderson, KeyBank Buffalo District president, was recently elected to a one-year term as chair of the Buffalo Niagara Partnership's board of directors. She is the first woman to chair the Partnership board.Henderson...

Niagara County Environment Fund awards 8 grants funded as part of Love Canal settlement.
August 4, 2003... Byline: Staff Grants totaling more than $36,355 have been awarded to eight Niagara County organizations. The grants were given from the Niagara County Environment Fund (NCEF) and will be administered by the New York State Center for...

Property interest protected from 'in rem' foreclosure due to bankruptcy action.
August 5, 2003... Byline: Nora A. Jones Where the City of Buffalo obtained a foreclosure judgment and auctioned off property based on delinquent real estate taxes, do the purported buyers have good title to the property since the original title owner filed...

Defendant's motion to suppress granted in part.
August 5, 2003... Byline: Jill Miller Should the identification testimony made by a witness be suppressed on the grounds that a police investigator, who showed the photo array to the witness, failed to show up at a suppression hearing?In the People v. Aaron...

Forum addresses legal services for farm workers.
August 5, 2003... Byline: Staff In its continuing effort to ensure the right to quality representation for the poor and under-served, the New York State Defenders Association (NYSDA) Client Advisory Board, in cooperation with the New York State League of...

Patent fees to increase Oct. 1.
August 5, 2003... Byline: Staff The U.S. Patent and Trademark Office is adjusting certain patent fee amounts to reflect fluctuation in the Consumer Price Index (CPI). "The director is authorized to adjust these fees annually in accordance with the CPI to...

NY State Court of Appeals lists filings for July 4-10, 2003.
August 5, 2003... 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 the...

Town Court judge orders hearing to determine if defendant resisted arrest.
August 6, 2003... Byline: Jill Miller Was the accusatory instrument charging the defendant with Disorderly Conduct legally and factually insufficient? Did a police officer have probable cause to arrest the defendant for Disorderly Conduct?In the People v....

Who should pay for electronic pre-trial discovery?
August 6, 2003... Byline: Nora A. Jones What happens when you actually need to find something on your tape backup system? Is it a simple "find and restore" or is it a bit more involved? At what point is it not prohibitive to track down that old information?...

Elementary school principal files lawsuit against Rochester.
August 6, 2003... Byline: Staff Tim Mains, an elementary school principal and Rochester City Council member filed a lawsuit against the City of Rochester, Mayor William Johnson and the City Council late last week.Mains asserts that Local Law No. 4, which...

Training program to focus on predatory mortgage lending.
August 6, 2003... Byline: Helen Nguyen "Predatory Mortgage Lending: Claims, Defenses and the Household Settlement," is the title of an upcoming training program that will be held in Monroe County on Tuesday, Aug. 12, 2003.The program will discuss the $484...

Failure to exhaust administrative remedies bars inmate from pursuing court relief.
August 7, 2003... Byline: Robbi Hess Were administrative remedies exhausted before plaintiff filed a complaint against defendants in which he alleged two violations of his Eighth Amendment rights? Should the defendants' motion for summary judgment be...

Attorney malpractice charge raises question of firm's duty to investigate for other potential claims.
August 7, 2003... Byline: Staff Does a malpractice claim against an attorney put the firm on notice that it must review all the attorney's files for potential claims? Perhaps, but that issue cannot be answered on the basis of summary judgment pleadings,...

Women's Bar Assn. of NY State elects new president.
August 7, 2003... Byline: Robbi Hess Melissa Nickson assumed the duties of president of the Western New York Chapter of the Women's Bar Association of New York State on June 1, 2003 - and it is not a position she takes lightly."I've been involved in the...

Brighton dentist admits to $90,000 fraud, practicing without a license.
August 7, 2003... Byline: Staff A former Brighton dentist who lost his dental license after being convicted earlier this year on federal health fraud charges has admitted to practicing dentistry without a license and stealing nearly $90,000 from taxpayers...

NY State Court of Appeals lists filings for July 11-17, 2003.
August 7, 2003... 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 the...

Hochstein School of Music & Dance to host open house.
August 7, 2003... Byline: Staff From 6 to 8 p.m. on Thursday, Aug. 14, Hochstein School of Music & Dance will open its doors for their Annual All-School Open House. This year, the school features programs and classes designed especially for pre-school to...

U.S. District Court for the Western District of NY grants motion for sanctions.
August 8, 2003... Byline: Helen Nguyen Should the court grant the plaintiff's motion for sanctions and to compel discovery? In Sharon B. Pollock v. Janet Reno et al., the plaintiff filed a sexual discrimination action against several defendants in the U.S....

NY State Supreme Court judge deems confidential informant reliable.
August 8, 2003... Byline: Jill Miller Was the information a confidential informant gave to police reliable? Was there probable cause to issue a search warrant?These were two of the issues before New York State Supreme Court Judge Kenneth Fisher in the...

Nominations being accepted for Women's Council of the Rochester Business Alliance's ATHENA Award.
August 8, 2003... Byline: Staff Nominations are now being accepted for the 18th Annual ATHENA Award, to be presented by the Women's Council of the Rochester Business Alliance (RBA) at a luncheon on Wednesday, Jan. 14, 2004. The ATHENA program recognizes...

Survey reports that U.S. law firm profits up despite uncertain economy.
August 8, 2003... Byline: Staff Profits per equity partner in U.S. law firms were up by 9.8 percent in 2002, according to a recently released "Survey of Law Firm Economics" conducted by Altman Weil."Overall the results were surprisingly good for law firms...

U.S. District Court judge rules town judge entitled to absolute immunity.
August 11, 2003... Byline: Helen Nguyen Did a judge act outside his judicial capacity and jurisdiction? Is the judge entitled to absolute immunity?In Bowers v. Spaulding et al., the plaintiff alleged that her Fourth Amendment rights were violated as a result...

U.S. District Court of NY allows claims of age and religious discrimination to proceed.
August 11, 2003... Byline: Robbi Hess Did plaintiff's failure to allege retaliation, racial, color or gender discrimination in her administrative complaint preclude her from raising these claims in federal court? Was the conduct alleged in the federal...

Deadline for applications for NY Court of Appeals vacancy announced.
August 11, 2003... Byline: Staff Sept. 9, 2003 is the deadline for receipt of questionnaires from persons interested in being considered for the current vacancy on the New York Court of Appeals.The vacancy, which exists due to the resignation of Associate...

Miss. Court of Appeals rules illegible postmark on workers' compensation claim requires hearing.
August 11, 2003... Byline: Erin Piel An illegible postmark date on an envelope to the Labor and Industrial Relations Commission containing an appeal for workers' compensation benefits requires an evidentiary hearing to determine when the envelope was placed...

Allegations found to be 'fantastic,' 'delusional'.
August 12, 2003... Byline: Helen Nguyen Did the plaintiff provide sufficient evidence to establish that the defendants engaged in a conspiracy to defame him and deny him employment? Pursuant to 28 USC s. 1915, the U.S. District Court for the Western District...

Court lacks jurisdiction to interpret tribal law claim.
August 12, 2003... Byline: Jill Miller Did the defendants, Councillors of the Seneca Nation, act beyond the scope of their authority when they implemented a gaming compact with New York State? Is the compact in violation of the Constitution of the Seneca...

Damon & Morey opens new office in Batavia.
August 12, 2003... Byline: Staff The law firm of Damon & Morey LLP has opened a new office in Batavia. The office, located at 36 Ellicott St., joins two other existing offices - its headquarters in Buffalo and a second office in Rochester."The continued...

Rochester atty. and wife receive Joe U. Posner Founders Award.
August 12, 2003... Byline: Staff Rochester Area Community Foundation named attorney C. Benn Forsyth and his wife Sally as recipients of the 2003 Joe U. Posner Founders Award, its highest honor. The award will be presented Sept. 19, 2003 at the...

NY State Court of Appeals lists filings for July 18-24, 2003.
August 12, 2003... 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 the...

Kodak patent attorney Nelson Blish has first novel published.
August 12, 2003... Byline: Robbi Hess Patent attorney Nelson Blish went from being a third grader who was in danger of failing because of his poor reading habits to being a published author whose book is now in the hands of the same New York agent who...

Defendants' alleged breach of agreement, plan of merger not supported by evidence.
August 13, 2003... Byline: Jill Miller Did the defendants breach an agreement and plan of merger with the plaintiffs? If so, should the plaintiffs' request for specific performance of the merger agreement with damages resulting from the delay in effecting...

Inmate family's constitutional rights violations claims rejected.
August 13, 2003... Byline: Robbi Hess Was the revocation of an inmate's visiting privileges cruel and unusual punishment? Did preventing the inmate's family from visiting violate their rights to free association and due process under the First and 14th...

Bar Assn. of Erie County installs 116th president.
August 13, 2003... Byline: Robbi Hess Michael Flaherty was elected the 116th president of the Bar Association of Erie County and took over the gavel on June 13, 2003. As policy dictates, Flaherty first served as vice president for a year before assuming the...

Harris Beach's Rochester office elects new managing partner.
August 13, 2003... Byline: Staff Patrick J. Dalton has been elected managing partner of Harris Beach's Rochester office.Dalton is the co-leader of the corporate practice group and focuses his practice on general corporate organization, acquisitions and...

Wheelchair company to pay $400,000 in settlement.
August 13, 2003... Byline: Staff Monroe Wheelchair, Inc., which formerly did business as Patient Services and Supply, Inc., has agreed to repay taxpayers $400,000 for Medicaid overpayments improperly paid to the company."The recovery of these tax dollars...

New York City Civil Court Rules amended.
August 13, 2003... Byline: Staff Chief Administrative Judge of the Courts Judge Jonathan Lippman has amended, effective September 1, 2003, sections 208.42(f)(2) and 208.43(d)(10)(iii) of the Uniform Rules for the New York City Civil Court relating to the...

Plaintiffs' action lacks antitrust standing.
August 14, 2003... Byline: Helen Nguyen Did the plaintiffs plead a cognizable antitrust injury sufficient to withstand the defendants' cross-motion to dismiss?In Gregory F. Daniel, M.D., et al. v. American Board of Emergency Medicine, et al., a group of...

Reconsideration motion found to be unwarranted.
August 14, 2003... Byline: Robbi Hess Did plaintiff's motion for reconsideration raise any "surprises, excusable neglect or newly discovered evidence" which could not have been discovered during the original lawsuit? Do plaintiff's motion and supporting...

13 finalists named for annual Nathaniel Award.
August 14, 2003... Byline: Staff Continuing in its tradition of honoring men, women and organizations who go above and beyond the call of duty in the name of justice, The Daily Record has named the 13 finalists for its annual Nathaniel Award.The finalists...

Dandrea Ruhlmann to run for Monroe County Family Court.
August 14, 2003... Byline: Staff Dandrea Ruhlmann, special matrimonial referee and counsel to New York State Supreme Court Judge David D. Egan has earned the Republican nomination for Monroe County Family Court judge.Ruhlmann has 16 years of legal...

Questions on ownership of copyright are governed by state law, finds Ninth Circuit.
August 15, 2003... Byline: Deborah Fauver Can a TV show producer and the broadcasting company that contracted to air the show bring to federal court their dispute over ownership of the show?Not without some particular question of federal copyright law,...

Search of defendant not justified, suppression granted.
August 15, 2003... Byline: Jill Miller Should the evidence seized from the defendant be suppressed because the defendant was searched prior to the time the police officer decided to make a full custodial arrest?This was the issue presented before New York...

Judge Michael Hudson appointed to NY State Court of Claims, Buffalo District.
August 15, 2003... Byline: Robbi Hess Michael E. Hudson, recently appointed judge of the New York State Court of Claims, Buffalo District is now responsible for a calendar of approximately 200 cases."I'll be handling mostly civil claims against the State of...

U.S. District Court for Western District of NY rules consent to search deemed as voluntary.
August 18, 2003... Byline: Helen Nguyen Did the evidence demonstrate that the consent to search the defendant's room was voluntarily given or was it a product of coercion? Following a remand by the U.S. Court of Appeals for the Second Circuit, the U.S....

U.S. District Judge for the District of Columbia denies FTC motion to dismiss lawsuit.
August 18, 2003... Byline: Staff Responding to a Federal Trade Commission motion to dismiss a lawsuit brought by the New York State Bar Association concerning enforcement of the Gramm Leach Bliley Act (GLBA), U.S. District Judge for the District of Columbia...

NY governor and attorney general propose elder abuse prevention measures.
August 18, 2003... Byline: Staff Gov. George E. Pataki and Attorney General Eliot Spitzer announced an historic initiative to further protect elderly New Yorkers by requiring non-licensed direct care nursing home and home care staff to undergo criminal...

Faraci & Lange team with 'Brockovich' firm to file environmental lawsuit.
August 19, 2003... Byline: Staff Faraci & Lange, LLP, is teaming up with a California law firm to represent residents of the Village of Endicott in a lawsuit against IBM.Steve Schwartz, a partner with Faraci & Lange, and Ed Masry and Erin Brockovich met...

Rochester area home sales sizzle in July.
August 19, 2003... Byline: Jill Miller Sales of single family existing home sizzled in July. According to the Genesee Region Real Estate Information Service, the information division of the Realtors, homes sales jumped 26 percent last month as compared to...

ALJs, social security commissioner not individually liable.
August 19, 2003... Byline: Helen Nguyen Can two administrative law judges (ALJs) and the Commissioner of Social Security be held liable for damages sounding in tort?After being denied disability benefits, the plaintiff sought damages against the defendants...

Allegations of civil rights violations dismissed.
August 19, 2003... Byline: Jill Miller Should a special master be appointed to oversee the Department of Corrections pursuant to the Prison Litigation Reform Act, 18 USC s. 3626? Should the plaintiffs', prison inmates, allegations of violence and abuse be...

Bar Assn. of Erie County issues Surrogate's Court, City Court ratings.
August 19, 2003... Byline: Staff The Bar Association of Erie County has issued its ratings for Erie County Surrogate's Court and Buffalo City Court judicial candidates for the Sept. 9, 2003 primary election.The association's ratings are as follows:Erie...

National Vacuum, Ascension Industries expand workforce.
August 20, 2003... Byline: Staff Two Niagara County businesses are moving forward with major expansion plans that will create 110 new jobs.National Vacuum Corp. has chosen Niagara Falls for an $825,000 expansion project that will create 60 new jobs and...

Campaign for Justice 2002-03 fundraiser a rousing success.
August 20, 2003... Byline: Staff The 2002-03 Campaign for Justice fundraising drive was "a stunning success," according to the Executive Director of Volunteer Legal Services Project Sheila Gaddis. "The extraordinary support the campaign received in this...

ABA publication explores same-sex couples adoption issues.
August 20, 2003... Byline: Staff As same-sex couples change the portrait of the American family, it is essential that family law ensure that both parents have a legal parent-child relationship with their children, according to Tiffany Palmer, legal director...

Rochester attorney enjoys freedom of the road.
August 20, 2003... Byline: Robbi Hess When the confines of the office and the courtroom get to be too much, attorney Kevin Stocker puts on his leathers, revs up his Harley Davidson and heads for the open road."I've had a bike for years and riding is such a...

Court exonerates boat owners from liability.
August 20, 2003... Byline: Nora A. Jones Where, unbeknownst to the boat's owners, a group of people boarded a private vessel and took a joy ride, should the boat owners be liable for injuries incurred during this unauthorized adventure? Are the boat owners...

Arbitrators' decision upheld, motion to seal denied.
August 20, 2003... Byline: Jill Miller Did the arbitrators exceed their powers? Was their award made in manifest disregard of the law? These were the central issues before the U.S. District Court for the Western District of New York in Compaq Computer Corp....

Class action settlement proposed.
August 20, 2003... Byline: Staff More than 40,000 people across New York State are receiving notices of the proposed settlement of a federal class action lawsuit, Thompson v. Wing, 98 Civ. 7628 (JMA).In Thompson, the people sued the New York State Office of...

Rochester atty. participates in conference on uniform laws.
August 21, 2003... Byline: Staff Justin L. Vigdor, a member of the law firm of Boylan, Brown, Code, Vigdor & Wilson LLP was among the 240 lawyers, judges, law professors, legislators and other state officials - all lawyers - participating in the 2003 Annual...

Sandra L. Townes nominated to bench in Eastern District of New York.
August 21, 2003... Byline: Staff New York State Supreme Court Appellate Division, Second Department Judge Sandra L. Townes has been nominated for an opening on the U.S. District Court for the Eastern District of New York.Before joining the appellate bench in...

Workers' compensation award held exempt from debtor's estate.
August 21, 2003... Byline: Nora A. Jones Does a settlement award of a workers' compensation claim qualify as an exempt disability benefit where the award was listed as an "undetermined amount" at the time a chapter 7 bankruptcy petition was filed? Was the...

Drug convictions upheld in Second Circuit review.
August 21, 2003... Byline: Jill Miller Did the defendants waive their rights to appeal a suppression ruling when they entered their guilty pleas?The U.S. Court of Appeals for the Second Circuit was asked to decide this question in USA v. Eddy Garcia and Juan...

Rochester teacher's claims of reverse discrimination not found convincing.
August 21, 2003... Byline: Deborah Fauver What must a white, male teacher show in order to get his reverse discrimination claims before a jury? Much more than a budget-induced transfer and vague allegations of system-wide discrimination, according to U.S....

Defendant's bribery conspiracy conviction reversed.
August 21, 2003... Byline: Jill Miller Did the defendant participate in a conspiracy to bribe a public official?This was the central issue on appeal before the U.S. Court of Appeals for the Second Circuit in USA v. Gabriel Ceballos. The defendant was...

Report proposes facelift for postal service.
August 21, 2003... Byline: Nora A. Jones Through rain, sleet, sun and snow, the U.S. Postal Service has continued to operate at a deficit in recent years. And, for the first time in 30 years, a detailed study of postal operations has been compiled by a...

NY State Court of Appeals lists filings from July 25-31, 2003.
August 22, 2003... 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 the...

Workers' compensation award held exempt from debtor's estate.
August 22, 2003... Byline: Nora A. Jones Does a settlement award of a workers' compensation claim qualify as an exempt disability benefit where the award was listed as an "undetermined amount" at the time a chapter 7 bankruptcy petition was filed? Was the...

Drug convictions upheld in Second Circuit review.
August 22, 2003... Byline: Jill Miller Did the defendants waive their rights to appeal a suppression ruling when they entered their guilty pleas?The U.S. Court of Appeals for the Second Circuit was asked to decide this question in USA v. Eddy Garcia and Juan...

Rochester atty. participates in conference on uniform laws.
August 22, 2003... Byline: Staff Justin L. Vigdor, a member of the law firm of Boylan, Brown, Code, Vigdor & Wilson LLP was among the 240 lawyers, judges, law professors, legislators and other state officials - all lawyers - participating in the 2003 Annual...

Case remanded to determine whether turbulence caused passenger's injuries.
August 25, 2003... Byline: Jill Miller Can the injuries the plaintiff sustained in the course of "light" to "moderate" turbulence during an airplane flight qualify as an accident under the Warsaw Convention?In John J. Magan v. Lufthansa German Airlines, the...

'Missing witness' instruction not necessary in Brighton case involving telephone harassment.
August 25, 2003... Byline: Nora A. Jones Were voicemail messages admissible in regard to an aggravated harassment charge? Should a "missing witness" instruction be granted where the complainant failed to appear?These were among the questions before the...