Daily Record (Rochester, NY) articles from August 2004

Daily Record (Rochester, NY) archives from August 2004

NY State Supreme Court judge upholds town's approval of ATM site plan.
August 2, 2004... Byline: Jill Miller The respondent's decision to issue a negative SEQRA declaration for a construction of an ESL ATM facility in Perinton Square Mall before receiving an internal traffic study detailing how the facility would impact...

NY State Bar Assn. proposes no-fault divorce in New York.
August 2, 2004... Byline: Staff The New York State Bar Association will ask the state legislature to amend the Domestic Relations Law to provide for no-fault divorce in New York State. Currently, New York is the only state that does not provide for...

Monroe County Bar Assn.'s Lawyers for Learning golf tournament a success despite rain.
August 2, 2004... Byline: Staff Despite the rainy conditions, golfers turned out in full force to participate in the Monroe County Bar Association's Lawyers For Learning Golf Tournament on Monday, July 26. Approximately 144 golfers took part in the...

Hodgson Russ LLP partner Rachlin appointed to federal Industry Trade Advisory Committee.
August 2, 2004... Byline: Staff Lauren D. Rachlin, a partner in Hodgson Russ LLP's Corporate & Securities Practice Group, has been appointed to the Department of Commerce and the U.S. Trade Representative's Industry Trade Advisory Committee on Customs...

Pierino joins Univ. at Buffalo Center For The Arts Advisory Council.
August 2, 2004... Byline: Staff Ellen R. Pierino, the director of library services for Damon & Morey LLP, has become a member of the advisory council to the University at Buffalo Center For The Arts. The Center For The Arts presents performing arts and...

Default judgment against defendant set aside.
August 3, 2004... Byline: Helen Nguyen In a lawsuit where DirecTV alleged the defendant, William Cambisi, purchased certain devices to intercept and decrypt its satellite transmissions, the U.S. District Court for the Western District of New York determined...

Judge admonished for improper political activity.
August 3, 2004... Byline: Jill Miller An Amherst Town Judge has been admonished by the New York State Commission on Judicial Conduct on the grounds he engaged in improper political activity during his 1999 campaign for State Supreme Court. In the Matter...

FCC, Verizon enter into $300,000 consent decree.
August 3, 2004... Byline: Staff The Federal Communications Commission entered into a consent decree with the Verizon Telephone Companies to resolve two commission investigations into whether Verizon violated certain accounting safeguards and...

CLE credit limited by revised NY approved jurisdiction policy.
August 3, 2004... Byline: Staff As of July 1, New York State's approved jurisdiction policy has limited continuing legal education credit for participation in accredited courses to: 1) live classroom-format courses; or 2) non-traditional format courses...

NY State Court of Appeals lists new filings.
August 3, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Plaintiff's false statements lead to dismissal.
August 4, 2004... Byline: Helen Nguyen Finding the plaintiff, Oni B. Cole, made several misrepresentations on his in forma pauperis (IFP) application, the U.S. District Court for the Western District of New York dismissed his employment discrimination...

Prosecution's amendment to bill of particulars did not result in undue prejudice to defendant.
August 4, 2004... Byline: Kevin M. Momot Where the defendant was convicted of conspiracy and criminal possession of a controlled substance, the prosecution was allowed to amend the bill of particulars to allege the defendant constructively possessed...

Election law expert explores impact of potential terrorist attack on presidential election.
August 4, 2004... Byline: Staff Though the law is somewhat ambiguous on the subject, the power to postpone November's presidential election as a result of terrorist threat or attack lies mostly with individual states, according to an election-law expert at...

ABA seeks comments on revisions to Canons 3, 4.
August 4, 2004... Byline: Staff The American Bar Association Joint Commission to Evaluate the Model Code of Judicial Conduct released partial draft revisions to canons of conduct related to personal and extra-judicial conduct, inviting comment no later than...

Buffalo State hockey player fails to prove accident was caused by dangerous condition.
August 4, 2004... Byline: Jill Miller Finding the claimant had no proof of a specific dangerous condition that caused his accident at the Buffalo State College hockey rink, a New York State Court of Claims judge dismissed his claim. In Vincent John...

Local law restricting right to hold Rochester City Council position deemed unconstitutional.
August 5, 2004... Byline: Helen Nguyen A controversial law that bars an employee of the Rochester City School District (RCSD) from serving as a member of the City Council was found to be unconstitutional by the U.S. District Court for the Western District...

Defendant owes no duty to warn of dog's vicious propensities.
August 5, 2004... Byline: Jill Miller A former dog owner does not have a duty to warn a man who received the dog in question from a third party, about the dog's known vicious propensities. This was the finding of New York State Supreme Court, Seneca...

Bausch & Lomb proposes settlement of class action suit.
August 5, 2004... Byline: Staff Bausch & Lomb has signed an agreement, subject to court approval, to settle a three-year old consolidated shareholder class action lawsuit now pending in the U.S. District Court for the Western District of New York. The...

NYSBA's Lawyer Referral Service seeks attorneys.
August 5, 2004... Byline: Staff The New York State Bar Association's Lawyer Referral and Information Service (LRIS) is looking to add to the number of practicing attorneys who serve on its more than 50 panels. According to David J. Pajak chair of the...

Area acute care hospitals to get boost in Medicare revenues.
August 5, 2004... Byline: Staff Acute care hospitals in New York are due to get a boost in Medicare revenues in fiscal year 2005 for the care they provide to Medicare beneficiaries during inpatient stays, according to the Centers for Medicare & Medicaid...

US District Court for NY rules no duty owed to maintain railroad tracks.
August 6, 2004... Byline: Helen Nguyen In a personal injury action where the plaintiff allegedly injured herself as she walked across railroad tracks, the U.S. District Court for the Western District of New York ruled that the defendants were not liable...

Court rules unrecorded credit line mortgage did got negate priority over docketed judgment.
August 6, 2004... Byline: Kevin M. Momot In a bankruptcy proceeding, the U.S. Bankruptcy Court for the Western District of New York determined whether an unrecorded credit line mortgage created an encumbrance on the debtor's property superior to a docketed...

Bar Assn. of Erie County releases its ratings for Family Court judicial candidates.
August 6, 2004... Byline: Staff The Bar Association of Erie County has issued its ratings for Erie County Family Court judicial candidates for the Sept. 14 primary election. The ratings include outstanding, well qualified, qualified and not...

Attorney network to provide legal assistance to local residents with epilepsy.
August 6, 2004... Byline: Staff The Epilepsy Foundation of Rochester-Syracuse-Binghamton is inviting local attorneys to join its new legal assistance service network to aid residents facing discrimination or injustice on the basis of epilepsy. The...

Indictment stands despite confusion over defendant's representation, says county court judge.
August 6, 2004... Byline: Jill Miller Confusion over who actually represented the defendant - a public defender who waived the defendant's CPL 30.30 rights and reviewed a proposed plea deal or a private attorney hired by the defendant - was just one of the...

Phillips Lytle recognized by Internet Marketing Attorney for Website design.
August 6, 2004... Byline: Staff Phillips Lytle's marketing efforts earned industry recognition in June. The firm's revamped website was selected by Internet Marketing Attorney (IMA) as one of 45 small, medium and large firms nationally to receive an IMA...

Claim against County of Allegany dismissed.
August 9, 2004... Byline: Helen Nguyen In a case where the plaintiff, Bruce Bowen, claimed he was denied adequate medical care by employees at the Allegany County Jail, Judge William M. Skretny for the U.S. District Court for the Western District of New...

'Solemnizing marriages without licenses' charges brought against two ordained ministers dropped.
August 9, 2004... Byline: Jill Miller A New Paltz Town Court judge has dismissed the indictments against two ordained ministers who performed marriages for 13 same sex couples even though the couples did not have marriage licenses. In People v....

Real property law generates most billable hours locally.
August 9, 2004... Byline: Staff Real property law generates more billable hours for Rochester law firms than any other practice area, according to a new reference guide published by the New York State Bar Association. Fifty-five percent of Rochester...

Legislative history content added to Westlaw StatutesPlus.
August 9, 2004... Byline: Staff New legislative history content has been added to Westlaw StatutesPlus for New York State codes, rules and regulations. This content is available for legislation in several other states as well, including California, Florida,...

Former U.S. District Court deputy clerk joins The Somerset Firm.
August 9, 2004... Byline: Staff Rachel Brody Bandych has joined The Somerset Firm, LLC after 14 years with the U.S. District Court, for the Western District of New York. In addition to its Canandaigua location, the firm has also opened a second office...

Planning board authorized to issue permit.
August 10, 2004... Byline: Kevin M. Momot Where the petitioner claimed the Town of Penfield Planning Board did not have the authority to issue a conditional use permit, New York State Supreme Court, Monroe County determined the board did have such...

Prior approval required by insurer to make repairs.
August 10, 2004... Byline: Jill Miller An insurance company is not required to reimburse a contractor for expenses the contractor incurred to repair damages caused by a subcontractor because the contractor failed to get its insurance company's consent to fix...

U.S. Court of Appeals for the Second Circuit implements several procedural changes.
August 10, 2004... Byline: Staff In order to deal more efficiently with pending appeals, the U.S. Court of Appeals, Second Circuit recently enacted the following procedural changes: Conferences in counseled immigration appeals will no longer be...

Judge appoints three referees to study NYC School System.
August 10, 2004... Byline: Staff A New York State Supreme Court judge has appointed three referees to hear and report recommendations on what measures New York State has taken to comply with the directives of the New York Court of Appeals ruling in Campaign...

Attorney Tom Smith has many 'beyond the office' hobbies, interests.
August 10, 2004... Byline: Helen Nguyen While most people have one or two hobbies, attorney Tom Smith of Harter, Secrest & Emery, LLP has a smorgasbord of interests. Basketball, baseball, tennis, writing, opera and collecting fine art and antiques are just a...

Pre-action disclosure allowed under CPLR 3102(c).
August 11, 2004... Byline: Kevin M. Momot Where the claimant sought pre-action disclosure under CPLR 3102(c) to preserve key evidence, specifically a hospital x-ray machine, discovery of information relating to the evidence was "material and necessary" to...

Child support modified despite residency status issue.
August 11, 2004... Byline: Jill Miller Because the respondent failed to mention his residency status issue during a hearing to determine a child support modification request, the respondent's objection to the upward modification is denied. In Charlene H....

ABA report calls for changes to immigration laws.
August 11, 2004... Byline: Staff Sweeping changes in immigration laws have eroded the due process protection afforded to immigrants, according to a new joint report by the American Bar Association and the Leadership Conference on Civil Rights Education Fund....

Bar Assn. of Erie County releases ratings for Supreme Court candidates.
August 11, 2004... Byline: Staff The Bar Association of Erie County has issued its ratings for New York State Supreme Court judicial candidates for the Nov. 2 general election. Ratings include outstanding, well qualified, qualified and not recommended....

NY State Court of Appeals lists filings for July 2-8, 2004.
August 11, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Agreement providing for distribution of marital property upheld in divorce action.
August 12, 2004... Byline: Kevin M. Momot Where an agreement stipulating the distribution of marital property was not executed before or during the marriage, the contract was enforceable since there was no requirement for the defendant to execute it before...

DHHS petition to terminate parental rights denied.
August 12, 2004... Byline: Jill Miller Concluding the Monroe County Department of Human and Health Services (DHHS) failed to prove it made diligent efforts to assist the respondent, a Spanish speaker, with her specific needs and problems, a Monroe County...

Eight Nathaniel Award finalists named.
August 12, 2004... 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 eight finalists for its annual Nathaniel Award. The...

Cardinal Dulles to serve as celebrant of Red Mass on Sept. 24.
August 12, 2004... Byline: Staff The special homilist and celebrant of the annual Red Mass will be Eminence Avery Cardinal Dulles, SJ. The event is set for 12:10 p.m. on Friday, Sept. 24 at Our Lady of Victory, St. Joseph's Church. The event is sponsored...

Harris Beach adds two new attorneys to Rochester office.
August 12, 2004... Byline: Staff Harris Beach LLP has added two new attorneys - Matthew J. Peck and Justin S. Miller. Peck is an associate in the firm and a member of the corporate practice group. He represents public and private companies in...

NY State Court of Appeals filings for July 2-8, 2004.
August 12, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

US District Court rules plaintiff not fired for retaliatory reasons.
August 13, 2004... Byline: Helen Nguyen Finding the plaintiff, Mary Aretha Laurey, failed to provide sufficient evidence that Chemung County Department of Social Services (DSS) discriminated against her when it fired her, the U.S. District Court for the...

NY State Supreme Court dismisses petition challenging language of ballot.
August 13, 2004... Byline: Jill Miller Concluding once an election is held, it is too late to lodge a complaint over the language of two propositions, a New York State Supreme Court, Chautauqua County, judge denied a request to re-file a petition in an...

Court of Appeals adopts procedural measures pending upcoming Supreme Court decisions.
August 13, 2004... Byline: Staff The U.S. Court of Appeals for the Second Circuit recently unveiled a set of procedural and administrative measures it is adopting pending the U.S. Supreme Court's decision in United States v. Booker, No. 04-104, and United...

Monroe County DA's Appeals Chief Lehmann receives national award.
August 13, 2004... Byline: Staff Wendy Lehmann, chief of appeals for the Monroe County District Attorney's Office, received the Appellate Award for outstanding advocacy in capital cases from the Association of Government Attorneys in Capital Litigation...

New York State Court of Appeals lists more July filings.
August 13, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Dismissal of employee was not disproportionate to charges of reckless and dangerous conduct.
August 13, 2004... Byline: Kevin M. Momot This CPLR article 78 proceeding was transferred to the Appellate Division, Fourth Department by order of New York State Supreme Court, Erie County Judge Christopher J. Burns to review a determination of the...

US District Court for W. District of NY rules Erie County executive must give deposition.
August 16, 2004... Byline: Helen Nguyen In ruling the defendant, Erie County Executive Joel A. Giambra, must provide deposition testimony, the U.S. District Court for the Western District of New York determined that if conducted under certain conditions, the...

Monroe County Court judge denies defendant's motion to suppress statements to police.
August 16, 2004... Byline: Jill Miller Finding the defendant never told police officers of his hearing disability, an acting Monroe County Court judge denied the defendant's motion to suppress both his oral and written statements to police. In People v....

New public opinion poll finds Americans believe in jury system.
August 16, 2004... Byline: Staff A new public opinion poll, released by the American Bar Association, revealed Americans have a profound belief and trust in the jury system and disproved the popular notion that Americans consider jury duty to be a burden to...

Nixon Peabody law firm sponsors Wacky Office Olympics to benefit youth services.
August 16, 2004... Byline: Jill Miller Laughter and cheers rimpled through the courtyard by the Clinton Square Office Building on Wednesday, Aug. 11 as the attorneys and administrative staff of Nixon Peabody watched six of their co-workers get dunked - all...

American Bar Association to tackle human trafficking in Ecuador.
August 16, 2004... Byline: Staff With a poverty rate of nearly 70 percent, as well as political and economic instability, Ecuador has been unable to respond to a desperate situation where poor families are increasingly susceptible to false promises of...

Real property, family law generate most billable hours in Buffalo, NY State Bar reports.
August 16, 2004... Byline: Staff Real property and family law generate more billable hours for Buffalo law firms than any other practice areas, according to a new reference guide published by the New York State Bar Association. Forty-two percent of...

State awards $17.2M for affordable housing in Western New York.
August 16, 2004... Byline: Staff Affordable housing projects in western New York will receive more than $17.2 million in New York State aid that will leverage in excess of $52.7 million in private equity and other sources. The aid will produce nearly 706...

Defendant's level offender status downgraded.
August 17, 2004... Byline: Jill Miller Because the current charges lodged against the defendant does not involve allegations of sexual misconduct nor does the defendant have any history of sexual offenses, a Monroe County Court judge granted a request for a...

Pittsford man will sue CBS for defamation.
August 17, 2004... Byline: Staff Asif Iqbal, a Pittsford software consultant, will file an action for defamation against CBS. The action is based on a recent television broadcast where CBS Evening News wrongly identified Iqbal as a former Guantanamo...

U.S. Patent and Trademark Office changing to electronic format.
August 17, 2004... Byline: Staff The U.S. Patent and Trademark Office (USPTO) is changing to an electronic format for the electronic certified copies it supplies of U.S. patent applications as filed, and U.S. patent-related file wrappers and contents. ...

Rochester area home listings cool in July.
August 17, 2004... Byline: Jill Miller The number of homes listed for sale dropped 14.7 percent in July as compared to June. According to the Greater Rochester Association of Realtors, 1,945 homes were on the market last month, down from 2,280 in June...

NY State Court of Appeals lists filings for July 9-15, 2004.
August 17, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Assembly candidates' election petitions valid despite failure to specify town of residence.
August 18, 2004... Byline: Helen Nguyen Finding the failure of certain candidates in the 134th and 135th Assembly Districts to specify their town residence on election petitions did not lead to "confusion" or "misidentification" by signers of the petitions,...

Removal of air conditioning unit a protected activity.
August 18, 2004... Byline: Kevin M. Momot Where the plaintiff alleged causes of action for negligence and the violation of Labor Law s.s. 200, 240 (1) and 241 (6) after falling from a commercial air conditioning unit removed from the roof of a building, the...

ABA And CDC partnership will focus on legal preparedness for public health emergencies.
August 18, 2004... Byline: Staff How can government agencies, for public health protection, restrict the movement of people who might have been exposed to smallpox while also safeguarding their civil liberties? Can someone's personal health information be...

FCC examines legal issues for Communications Assistance for Law Enforcement Act.
August 18, 2004... Byline: Staff The Federal Communications Commission has started an examination of the appropriate legal and policy framework for implementing the Communications Assistance for Law Enforcement Act (CALEA), particularly regarding broadband...

Petition challenging smoking ban dismissed.
August 18, 2004... Byline: Jill Miller The petitioner, a bar owner, was notified of the allegations patrons were smoking in his bar and was given a chance to refute them and thus he was not denied his due process rights. This was the finding of New York...

Knowledge of wrongful acts imputed to law firm despite severability clause.
August 19, 2004... Byline: Kevin M. Momot The severability clause of an insurance policy did not prevent imputation of knowledge to a law firm of the wrongful acts committed by its attorneys. In reviewing the decision of U.S. District Court for the...

Material issues of fact prevent summary judgment.
August 19, 2004... Byline: Jill Miller Concluding material issues of fact exist as to whether a snowplow was actually engaged in work at the time it was involved in an accident, a New York State Court of Claims judge denied the state's motions to dismiss the...

Monroe Title declares dividend, operating results for first half of 2004.
August 19, 2004... Byline: Staff Monroe Title Insurance Corp. announced a dividend of 5 cents per share, payable to shareholders of record on Aug. 12. Monroe Title also released its operating results for the first half of 2004. Revenues for the first...

NY State Supreme Court awards Sweeteners Plus, Inc. over $500,000.
August 19, 2004... Byline: Staff On Aug. 9 New York State Supreme Court ruled in favor of Sweeteners Plus, Inc. in a case involving two companies which sell liquid and treated salt deicing products used on highways and streets throughout New York State. ...

Phillips Lytle attorney publishes article in Municipal Finance Journal.
August 19, 2004... Byline: Staff Jeffrey A. Nemecek, special counsel at Phillips Lytle, LLP, published an article for inclusion in the recently released Fall 2003 edition of Municipal Finance Journal (MFJ). Nemecek, based in the firm's New York City...

Erie County appellate court upholds termination of parental rights.
August 20, 2004... Byline: Kevin M. Momot Where a mother's chronic substance abuse problem led to her child's removal from the home, the infant was found to be a permanently neglected child and guardianship and custody rights were transferred to Erie County...

Monroe County Court rules prosecutor ready for trial pursuant to CPL 30.30.
August 20, 2004... Byline: Jill Miller Concluding the prosecution could not have proceeded against the defendant without knowing whether actual charges had been brought against him, a Monroe County Court judge denied the defendant's motion to dismiss. ...

Study shows accounting-related securities litigation on the rise.
August 20, 2004... Byline: Staff The number of securities litigation cases with accounting allegations remains well above historical averages, according to a PricewaterhouseCoopers (PwC) study and a preliminary analysis of the first half of 2004. ...

Child Permanency Mediation Pilot Program off to good start but referrals needed.
August 20, 2004... Byline: Staff The Child Permanency Mediation Program of the Center for Dispute Settlement has successfully handled eight cases referred from Monroe County Family Court since it began accepting referrals in March 2004. The program...

New York State Court of Appeals lists more July filings.
August 20, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Plaintiff's disability claim remanded to consider disregarded medical evidence.
August 23, 2004... Byline: Kevin M. Momot The plaintiff brought this action before the U.S. District Court for the Western District of New York to review her denied application for disability benefits, alleging the administrative law judge (ALJ) improperly...

Police search of defendant's car deemed legal.
August 23, 2004... Byline: Jill Miller A police officer's search of the defendant's car was a valid inventory search and thus the defendant's motion to suppress any tangible or intangible evidence seized from the search is denied. In People v. Lavar...

Revised regulations for 'pro bono' CLE credit effective Sept. 1.
August 23, 2004... Byline: Staff A revised section 3(D)(11) of the New York State CLE Board Regulations and Guidelines, concerning pro bono continuing legal education credit, will become effective Sept. 1. Under the new guidelines, credit may be earned...

FCC takes steps to protect consumers from cell phone SPAM.
August 23, 2004... Byline: Staff The Federal Communications Commission has taken action to protect consumers from receiving unsolicited commercial messages on their wireless phones and pagers. The action implements the Controlling the Assault of...