Daily Record (Rochester, NY) articles from August 2005

Daily Record (Rochester, NY) archives from August 2005

U.S. Bankruptcy Court rules collateral estoppel does not bar adversary proceeding against debtor.
August 1, 2005... Byline: Nora A. Jones A non-final decision in state court will not prevent the assertion of claims in a bankruptcy proceeding, explained U.S. Bankruptcy Judge Carl L. Bucki in his decision in In re: John David Douds; Gibraltar Industries,...

N.Y. State Court of Appeals rules city not considered owner for purposes of liability.
August 1, 2005... Byline: Jill Miller Concluding a city was not an owner of a work site where an accident occurred for purposes of labor law liability, the New York State Court of Appeals reversed the order of the Appellate Division and remitted the...

N.Y. State Supreme Court judge admonished for acting on behalf of friend.
August 1, 2005... Byline: Jill Miller The New York State Commission on Judicial Conduct determined a supervising judge who contacted another judge on behalf of a long-time friend whose son had been arrested and was being held in jail, "lent the prestige of...

Chief Clerk for Erie Supreme, County Courts retires.
August 1, 2005... Byline: Daily Record Staff After serving 17 years as the chief clerk for Erie Supreme and County Courts, Nicholas Baich has retired to accept a position in Kosovo with the National Center for State Courts as part of a $14 million...

Skiing coach, ice skating judge among buyer's extracurricular duties for East Aurora lawyer.
August 1, 2005... Byline: Nora A. Jones Martha Buyer often uses a batch of brownies as the motivator to get her downhill ski racers to do their best. She estimates that she went through 30 pounds of chocolate last winter. "On weekends from Dec. 26 until...

U.S. District Court for W. District of NY upholds jurisdiction of magistrate judge.
August 2, 2005... Byline: Helen Nguyen In Courtney Davis, et al. v. Eastman Kodak Co., Kodak filed a motion to vacate a prior order of consent for magistrate judge jurisdiction. In denying Kodak's motion to vacate, Judge Charles J. Siragusa for the...

Erie County Surrogate's Court judge explores rights of common law marriage partners.
August 2, 2005... Byline: Jill Miller The rights given to common law partners under Ontario law and New York State law do not give the parties the title of husband and wife and thus, the petitioner cannot be deemed a surviving spouse for the purposes of...

Summer associates attend Monroe County Bar Assn.'s program on criminal law.
August 2, 2005... Byline: Nora A. Jones Rochester is a great place to practice law, and the Monroe County Bar Association hopes to communicate that fact to summer associates working in various assignments across town. The latest "Lunch & Learn Program"...

New York State Court of Appeals lists filings for July 1-7, 2005.
August 2, 2005... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

NY State Supreme Court dismisses claims in gas pipeline case.
August 3, 2005... Byline: Helen Nguyen In a case where the plaintiffs claimed they were injured following the explosion of a gas pipeline, the New York State Supreme Court, Cattaraugus County, concluded there was insufficient evidence that the defendants...

Partial summary judgment granted under labor law for construction fall.
August 3, 2005... Byline: Jill Miller The defendants' assertion that the plaintiff's fall was unwitnessed and thus created an issue of fact, was not enough to defeat the plaintiff's motion for partial summary judgment on liability upon Labor Law s. 240(1)....

Local attorney named dean of National College for DUI Defense.
August 3, 2005... Byline: Staff Edward Fiandach was recently appointed dean of the National College for DUI Defense. He was sworn in during a ceremony held on July 23 at Harvard Law School. Fiandach was New York State's first American Bar Association...

DirecTV's default judgment motion denied by U.S. District Court.
August 4, 2005... Byline: Helen Nguyen Despite the fact the defendants purchased pirate access devices and failed to answer DirecTV's complaint, the U.S. District Court for the Western District of New York denied DirecTV's motions for default judgment. ...

Watertown City Court judge says drug recognition expert report not necessary.
August 4, 2005... Byline: Jill Miller Disagreeing with the defendant's assertion that the accusatory instrument was defective because the arresting officer cannot allege the defendant was under the influence of marijuana since she was not a drug recognition...

Golf gala draws 26 foursomes from throughout Seventh Judicial District.
August 4, 2005... Byline: Nora A. Jones The weather was perfect for 18 holes of golf at the Victor Hills Golf Club on Friday, July 29. That was the location of this year's golf event for the Seventh Judicial District, which included court deputies, judges,...

ABA survey reveals 66 percent of attorneys do 'pro bono' work.
August 4, 2005... Byline: Rochester Daily Record Staff According to a new survey, 66 percent of lawyers gave free legal assistance to people of limited means and organizations serving the poor, volunteering an average of 39 hours of such work during a year....

Financing college becomes harder as tuition continues to increase.
August 4, 2005... Byline: Rochester Daily Record Staff Summer vacation is almost over for thousands of Rochester-area college students. With college right around the corner, many students and parents are looking for ways to relieve the burden of college...

Motion to add 14th Amendment claim denied by U.S. District Court.
August 5, 2005... Byline: Helen Nguyen Where the plaintiff alleged she was denied her right to a fair trial based on her claim that a police officer fabricated evidence, the U.S. District Court for the Western District of New York denied the plaintiff's...

Defendant's sentence deemed legal and proper by Monroe County Court judge.
August 5, 2005... Byline: Jill Miller Even though the sentencing court failed to advise the defendant of a mandatory period of post-release supervision, the defendant's sentence was still a legal and proper sentence. This was the finding of Monroe...

Open discussion with Commercial Division Judge Kenneth Fisher.
August 5, 2005... Byline: Kevin M. Momot "What can I do to help you?" This was the common theme expressed by Monroe County Supreme Court, Commercial Division Judge Kenneth Fisher in an informal discussion held on Monday, Aug. 1 at the Monroe County Bar...

NY State Bar Assn. task force to study electronic filing.
August 5, 2005... Byline: Rochester Daily Record Staff The president of the New York State Bar Association has appointed a task force to study ways to facilitate lawyers' use of electronic means to file court documents in the New York court system. ...

NY State Court of Appeals lists filings for July 8-14, 2005.
August 5, 2005... Byline: Rochester 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...

Bar Association of Erie County issues annual ratings for judicial candidates.
August 5, 2005... Byline: Rochester Daily Record Staff The Bar Association of Erie County has completed and issued its ratings for Buffalo City Court, Erie County Court and New York State Supreme Court judicial candidates for the Sept. 13 primary election...

Discharge in bankruptcy proceeding denied by U.S. Bankruptcy Court, Western District of N.Y.
August 8, 2005... Byline: Kevin M. Momot Where the trustee objected to the debtor's discharge in a bankruptcy proceeding under Chapter 7, evidence indicated the debtor failed to disclose that he was owed money on an outstanding promissory note. In...

N.Y. State Supreme Court judge recalculates drug conviction sentence.
August 8, 2005... Byline: Jill Miller Concluding the defendant, who was convicted of class A-1 felonies, qualified for resentencing in accordance with Penal Law 70.71, a New York State Supreme Court judge recalculated the defendant's sentence. In...

N.Y. Attorney authors chapters in new legal publication.
August 8, 2005... Byline: Daily Record Staff Harris Beach PLLC attorney Daniel J. Moore is among a group of labor and employment lawyers who authored chapters in a new publication, Dealing with Employee Lawsuits: Strategies for the Prevention & Defense of...

Nixon Peabody raises funds for Cystic Fibrosis Foundation.
August 9, 2005... Byline: Jill Miller Sunshine and cheers filled the Clinton Square Courtyard on Wednesday, Aug. 3 as employees at Nixon Peabody turned out in full force to take advantage of a rare opportunity to dunk their fellow co-workers. The firm...

Suppression of statements, ID evidence denied by Monroe County judge.
August 9, 2005... Byline: Jill Miller Asserting a delay in the filing of a felony complaint against him was designed to deprive him of his right to counsel, the defendant moved to suppress his statements to police. In People v. William Remillard the...

Proposed Social Security Disability regulations could make it tougher to receive benefits.
August 9, 2005... Byline: Rochester Daily Record Staff The Commissioner of Social Security, Jo Anne B. Barnhart, has proposed new regulations for people applying for Social Security Disability benefits. Barnhart stated the purpose of the proposed new...

N.Y. Supreme Court rules court has jurisdiction to hear action.
August 10, 2005... Byline: Jill Miller Concluding the plaintiffs' combined action and special proceeding challenging an area variance and negative declaration was proper, a New York State Supreme Court, Wyoming County judge denied the defendants' motion to...

Bipartisan backing for Fef sentencing reform.
August 10, 2005... Byline: Staff The federal sentencing system needs reform and simplification, current and former senior Justice Department officials said last month. Attorney General Alberto Gonzales told participants at a National Center for Victims...

Survey finds many U.S. adults believe their 2004 votes counted.
August 10, 2005... Byline: Staff Despite public debate over hanging chads, butterfly ballots, machine malfunctions and other alleged hazards of the voting booth, 78.2 percent of U.S. adults who voted in the 2004 elections were confident their votes had been...

NY State Court of Appeals lists filings for July 8-14, 2005.
August 10, 2005... 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...

Incriminating statements made to nurse are covered by doctor-patient privilege.
August 11, 2005... Byline: Jill Miller The doctor-patient privilege, outlined in CPLR s. 4504(a), barred a police officer from testifying about a conversation the officer overheard between the defendant and a triage nurse. This was the finding of Webster...

Inmate's Eighth Amendment claim dismissed by U.S. District Court.
August 11, 2005... Byline: Helen Nguyen Concluding there was insufficient evidence to support the inmate's Eighth Amendment claim that doctors were deliberately indifferent to his medical needs, the U.S. District Court for the Western District of New York...

Eight members appointed to attorney Grievance Committee.
August 11, 2005... Byline: Rochester Daily Record Staff Eight members of the Western New York legal and business community have been appointed to the Grievance Committee for the Seventh Judicial District. The appointments were made by Judge Eugene...

Non-argument calendar set in Second Circuit.(Calendar)
August 11, 2005... Byline: Rochester Daily Record Staff Beginning Oct. 3, the U.S. Court of Appeals for the Second Circuit will institute a non-argument calendar for all Immigration and Naturalization Service cases involving denial of an asylum claim. ...

NY State Court of Appeals lists filings for July 15-21, 2005.
August 11, 2005... Byline: Rochester 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...

NY State Supreme Court, Monroe County rules automobile can be repossessed by bank.
August 12, 2005... Byline: Helen Nguyen Finding the title to a vehicle was never transferred from the bank to the car dealer, New York State Supreme Court, Monroe County granted the bank's motion to seize the vehicle. In Genesee Regional Bank v. Kimberly...

Monroe County Court judge rules evidence fails to support endangerment charge.
August 12, 2005... Byline: Jill Miller Concluding the People failed to make a prima facie showing establishing every element of Reckless Endangerment in the Second Degree, an acting Monroe County Court judge granted the defendant's motion to dismiss in part....

NY State Court of Appeals lists filings for July 15-21, 2005.
August 12, 2005... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

N.Y. State Court of Claims rule state police not liable for car accident.
August 15, 2005... Byline: Helen Nguyen Determining there was insufficient evidence to support the claimant's argument that the failure of two state troopers to turn on their emergency lights and sirens caused her to get into an accident with another...

N.Y. State Supreme Court rules defendant's right to speedy trial violated.
August 15, 2005... Byline: Jill Miller Concluding the prosecution failed to announce its readiness for trial within the six month speedy trial period, a New York State Supreme Court, Monroe County, judge granted the defendant's motion to dismiss. In...

N.Y. State Chief Judge Kaye receives John Marshall Award.
August 15, 2005... Byline: Daily Record Staff New York State Chief Judge Judith S. Kaye received the John Marshall Award from the American Bar Association on Aug. 7. The award was bestowed on the judge during the ABA's annual dinner in honor of the...

U.S. District Court for the W. District of NY awards attorney's fees in ERISA action.
August 16, 2005... Byline: Helen Nguyen In a case where the plaintiff's summary judgment motion for benefits under the Employee Retirement Income Security Act (ERISA) was granted, the U.S. District Court for the Western District of New York determined the...

Monroe County Court judge rejects ineffective assistance of counsel claim.
August 16, 2005... Byline: Jill Miller Citing ineffective assistance of counsel, a jurisdictionally defective indictment, illegal pleas and a number of other allegations, a defendant moved to vacate a judgment of conviction entered after he pleaded guilty to...

NY state law requires prescription drug prices to be posted online.
August 16, 2005... Byline: Staff A bill that will require prescription drug prices to be posted online to give consumers access to the drug price list, allowing them to electronically comparison shop for prescription drugs on the Internet and help senior...

NY State Bar sets new goals for law practice management committee.
August 16, 2005... Byline: Staff A long-standing committee of the New York State Bar Association has been re-tooled and given a fresh set of goals by President A. Vincent Buzard. The NYSBA's Committee on Law Practice Management's charge is "to...

Rochester home sales hold steady in July.
August 16, 2005... Byline: Jill Miller The number of homes listed for sale on the market dropped 7.9 percent in July as compared to June. According to the Greater Rochester Association of Realtors, 2,156 homes were listed for sale last month, down from June...

Women's Bar Assn. of Western NY Chapter lists upcoming events.(Calendar)
August 16, 2005... Byline: Staff Aug. 16 - A joint continuing legal education program with the Minority Bar Association of Western New York titled "Making the Right Choices: Ethical Issues Confronting Attorneys in Everyday Practice" will be held from 12:15...

American Bar Assn. House of Delegates supports federal reporters shield law.
August 16, 2005... Byline: Staff The American Bar Association House of Delegates supported a federal reporters' shield law to protect the public's access to information and to promote the fair administration of justice. "Our action today acknowledges the...

N.Y. State Supreme Court rules property owner to be indemnified by injured plaintiff's employer.
August 17, 2005... Byline: Helen Nguyen In a personal injury action in which the owner of the property where the plaintiff injured himself agreed to pay the plaintiff $1.4 million as part of a settlement agreement, the New York State Supreme Court, Appellate...

Monroe County Court rules victim's unsworn statement satisfies CPL requirements.
August 17, 2005... Byline: Jill Miller Asserting an unsworn statement from the victim was insufficient to establish a prima facie case sufficient to support the indictment, the defendant moved to reduce or dismiss the charges. In People v. James McNair,...

Courts prepare for new bankruptcy rules, forms.
August 17, 2005... Byline: Daily Record Staff In preparation for implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) that takes effect Oct. 17, the Advisory Committee on Bankruptcy Rules has prepared Interim Rules...

N.Y. State Bar Assn. subcommittee to review N.Y. Franchise Act.
August 17, 2005... Byline: Daily Record Staff A subcommittee of the New York State Bar Association's Business Law section has been formed to review, analyze and possibly revise or rewrite the New York Franchise Act of 1981 to better reflect the current...

Former spouse seeks 'nondischargeable' ruling on debts reviewed in divorce case.
August 18, 2005... Byline: Nora A. Jones In an adversary proceeding brought by a former spouse, the U.S. Bankruptcy Court for the Western District of New York was asked to determine if certain debts, already analyzed in a state court divorce proceeding,...

Suppression of firearm, drug evidence denied.
August 18, 2005... Byline: Helen Nguyen Concluding the police were justified in stopping and searching the defendant, the U.S. District Court for the Western District of New York denied the defendant's motion to suppress evidence obtained during the police...

Calling all seasoned attorneys for Monroe County Bar Assn.'s mentoring program.
August 18, 2005... Byline: Daily Record Staff Now in its second year, the Monroe County Bar Association's mentoring program is gaining momentum as more younger attorneys, and attorneys entering a new practice area, are seeking to be paired with seasoned...

Harkenrider at Allegheny County Surrogate's Court receives employee recognition award.
August 18, 2005... Byline: Daily Record Staff Karen R. Harkenrider, a senior office assistant in the Allegany County Surrogate's Court was named the August recipient of the Joyce E. Starkweather Employee Recognition Award. The award given in memory of...

Victim's in-court ID of defendant upheld.
August 19, 2005... Byline: Kevin M. Momot In a case involving an alleged home invasion robbery, the People proved by clear and convincing evidence that the victim had an independent basis for her in-court identification of the defendant. Reviewing the...

Railroad engineer not wrongfully terminated.
August 19, 2005... Byline: Helen Nguyen Where the plaintiff alleged he was wrongfully terminated from his position as an engineer for a railroad company, the U.S. District Court for the Western District granted summary judgment to his employer and dismissed...

'The Daily Record' hires Feingold as reporter.
August 19, 2005... Byline: Daily Record Staff Sarah M. Feingold, a recent graduate of Syracuse University College of Law, has joined The Daily Record as a writer/reporter. Feingold received her bachelors degree in Sociology with minors in Business and...

Reception welcomes incoming Buffalo Law Univ. students.
August 19, 2005... Byline: Sarah M. Feingold On Tuesday Aug. 16, Seventh Judicial District Administrative Judge Thomas M. Van Strydonck hosted the University at Buffalo Law School's annual reception at the Hall of Justice. This event, which welcomes new...

New York State Court of Appeals Filings July 22-28, 2005.
August 19, 2005... 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...

U.S. Bankruptcy Court, W. District of NY rules debtor's bad faith filing is cause for dismissal.
August 22, 2005... Byline: Sarah M. Feingold Although the federal courts disagree on whether a bad faith filing is cause for dismissal under section 707(a), when Congress enacted Section 707(a) it intended for the bankruptcy courts to have the discretion to...

New NY Court of Appeals rules effective Sept. 1.
August 22, 2005... Byline: Daily Record Staff Revised Rules of Practice of the Court of Appeals (22 NYCRR part 500) will go into effect on Sept. 1. The new rules of practice, and all commentary on the rules, are available now on the court's website,...

Monroe County Bar Assn. to host mayoral candidates' debate Aug. 24.
August 22, 2005... Byline: Daily Record Staff The Monroe County Bar Association will host a mayoral candidates' debate from 12:15 to 1:45 p.m. on Wednesday, Aug. 24 at the bar center, located at 1 Exchange St., fifth floor. All five mayoral candidates:...

New York State Court of Appeals lists filings for July 22-28, 2005.
August 22, 2005... 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 police lacked probable cause to hold defendant.
August 23, 2005... Byline: Sarah M. Feingold Was the evidence presented to a Grand Jury a product of an illegal seizure of the defendant by police and a violation of the defendant's Fourth Amendment rights? This was the issue before Monroe County Court...

Appellate Division, Fourth Dept. reinstates indictment for drug possession.
August 23, 2005... Byline: Kevin M. Momot Where the People appealed from an order granting dismissal of the defendant's indictment for Criminal Possession of a Controlled Substance in the First Degree and Criminal Possession of a Controlled Substance in the...

Recognition ceremony for Monroe County sheriff's deputies to be held at Hall of Justice.
August 23, 2005... Byline: Daily Record Staff A ceremony honoring members of the Monroe County Sheriff's Department - Court Security and Transport Bureaus - will be held at noon on Wednesday, Sept. 14 in courtroom 202 of the Hall of Justice. This event...

Rochester Gas & Electric liable for dog bite its meter reader got from pit bull.
August 24, 2005... Byline: Sarah M. Feingold The plaintiff moved for summary judgment where RG&E had knowledge of the presence of pit bulls at a residence yet failed to warn the plaintiff, a meter reader, who was attacked by one of the dogs. In...

Attica prisoner's appeal denied with regard to habeas petition.
August 24, 2005... Byline: Helen Nguyen In a case where a trial attorney failed to file a notice of appeal for the petitioner, the U.S. Court of Appeals for the Second Circuit affirmed the district court's ruling which denied the government's motion to...

NY State Assembly committees to discuss tougher penalties for sex offenders.
August 24, 2005... Byline: Daily Record Staff Three New York State Assembly committees will convene a public hearing next month to consider strengthening state laws to better protect the public from sex offenders. Among the topics discussed will be the...

NY state consumer website offers tips to protect against Internet scams.
August 24, 2005... Byline: Sarah M. Feingold The New York State Consumer Protection Board website, at www.consumer.state.ny.us, provides helpful tips to protect yourself from Internet scams. There is a wide variety of Internet scams. Five common scams...

Conflict of interest focus of disqualification.
August 25, 2005... Byline: Helen Nguyen Finding a conflict of interest existed between an attorney and the two defendants he sought to represent, the U.S. District Court for the Western District of New York granted the government's motion to disqualify the...

Onandage County Family Court judge says equitable estoppel precludes paternity test.
August 25, 2005... Byline: Sarah M. Feingold In Matter of STW v LLJ, the petitioner filed a uniform support petition under the Uniform Interstate Family Support Act (UIFSA) seeking an order of child support and an order establishing paternity for the subject...

ABA survey examines legal malpractice claims.
August 25, 2005... Byline: Daily Record Staff The American Bar Association Standing Committee on Lawyers' Professional Liability released data on a cross-section of legal malpractice claims during the period of 2003-2005. The survey, "Profile of Legal...

Rochester Legal Briefs: August 25, 2005.
August 25, 2005... Byline: Sarah M. Feingold The Monroe County Court addressed issues involving Grand Jury proceeding instructions. Supreme Court, Monroe County examined issues involving re-sentencing. CRIMINAL DECISIONS Grand Jury Instructions ...

Attorney held liable for frivolous motion.
August 26, 2005... Byline: Sarah M. Feingold The plaintiff's former attorney was held liable for making a frivolous motion without merit which caused the defendant's attorneys to expend a number of hours in opposition of the motion. In reviewing the...

Spoliation, negligent impairment focus of Onondage County judge's decision.
August 26, 2005... Byline: Kevin M. Momot Where the plaintiff commenced an action seeking damages for injuries sustained in the course of employment, the issue before the court was whether it was proper to grant the plaintiff's motion for leave to amend the...

Warning: Bogus phone calls on jury service may lead to fraud.
August 26, 2005... Byline: Daily Record Staff In various parts of the United States, citizens are being targeted by phone calls and threatened with prosecution for failing to comply with jury service in federal or state courts. In the calls, the threat...

'Run Of The Mill' Music and Arts Festival set for Saturday.
August 26, 2005... Byline: Daily Record Staff Saturday's Run of the Mill Music and Arts Festival simply isn't. Before owner Ken Gernold and realtor Todd Schaeffer sell the landmark Avon mill estate, they will host a fund-raiser to benefit the James P. Wilmot...

NY State Court of Appeals lists filings for July 29-August 4, 2005.
August 26, 2005... 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...