Daily Record (Rochester, NY) articles from August 2006

Daily Record (Rochester, NY) archives from August 2006

Rochester City Court judge dismisses plaintiff's claim seeking repairs to auto.
August 1, 2006... Byline: Kevin Habberfield In the case of Jesus M. Ubiles v. Monroe County Sheriff's Department, Rochester City Court Judge Ellen Yacknin dismissed the plaintiff's claims seeking repairs to his automobile, damaged during the arrest of a...

Rochester Legal Briefs: August 1, 2006.
August 1, 2006... Byline: Daily Record Staff In criminal law appeals, the Appellate Division, Fourth Department held that a weapon should have been suppressed. CRIMINAL DECISIONS Probable cause -- Abandonment In a Monroe County appeal from a drug...

Monroe County Supreme Court race sees heated fundraising.
August 2, 2006... Byline: Tara E. Buck The hot temperatures this month have nothing on the heat of the race for Monroe County Supreme Court, which has seen its candidates raise more than $320,000. Three openings on the court are up for election. Rochester...

N.Y. State Court of Appeals rules insurance company cannot deny coverage to claimants.
August 2, 2006... Byline: Helen Nguyen Despite the fact that the claimants failed to submit "proof-of-claim" forms to the insurance company, a 5-2 New York State Court of Appeals held that the insurance company could not deny them coverage. In, In the...

Claims against Dick's Sporting Goods were limited.
August 3, 2006... Byline: Helen Nguyen In a case where the plaintiff alleged that Dick's Sporting Goods store misclassified golf professionals as "exempt" employees in order to avoid paying them overtime, the U.S. District Court for the Western District of...

Improving court operations and commercial practice.
August 3, 2006... Byline: Daily Record Staff The recommendations and findings of statewide focus groups created to examine the operations of the Commercial Division of the state Supreme Court were recently presented to New York State Chief Judge Judith S....

New York State Court of Appeals lists cases for June 23-29, 2006.
August 3, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach...

St. Thomas More Lawyers' Guild in Rochester presents Chancellor's Award.
August 4, 2006... Byline: Daily Record Staff and Wire Reports Christopher Ciaccio, president of the St. Thomas More Lawyers' Guild, presided over its annual meeting on July 26 in downtown Rochester. At the meeting, Ciaccio presented the Chancellor's Award...

New York State Court of Appeals lists filings for June 30 through July 6, 2006.
August 4, 2006... Byline: Daily Record Staff and Wire Reports 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...

NY State Advisory Committee on Judicial Ethics keeps judges on the straight and narrow.
August 7, 2006... Byline: Tara E. Buck Can a sitting judge lend his name to a fundraising campaign for charity? No. Can a judge pass the collection plate in church? Yes. These are some of the many inquiries fielded by the New York State Advisory Committee...

Bar Association of Erie County issues ratings for judicial candidates.
August 7, 2006... Byline: 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. 12 primary election and Nov. 7...

New York State Court of Appeals lists filings for July 7 through July 13, 2006.
August 7, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach...

New York State Bar Association releases ratings for Court of Appeals candidates.
August 8, 2006... Byline: Daily Record Staff The New York State Bar Association has released ratings for the seven candidates under consideration for associate judge of the New York Court of Appeals. The ratings have been submitted to Gov. George E. Pataki,...

Long-arm jurisdiction issues focus of airplane crash, rules New York U.S. District Court.
August 8, 2006... Byline: Helen Nguyen Long-arm jurisdiction may exist over a company that performed maintenance work on the plaintiff's airplane even though the defendant company is based in Wisconsin and the airplane crash occurred in New York, ruled the...

American Bar Association report opposes Inspector General for Judiciary.
August 8, 2006... Byline: Daily Record Staff The American Bar Association House of Delegates is currently considering a policy recommendation opposing pending legislation to create an inspector general for the federal judiciary answerable to Congress....

Rochester-based Harter Secrest & Emery LLP again ranks first in national survey.
August 9, 2006... Byline: Daily Record Staff For the third year in a row, Harter Secrest & Emery LLP has earned the top ranking nationally in a survey of mid-level associate satisfaction conducted by The American Lawyer. The 2006 survey of third, fourth and...

Guilty plea for former broker to Archdiocese of NY.
August 9, 2006... Byline: Daily Record Staff A former consultant for the central purchasing agent of the Archdiocese of New York pleaded guilty to eight fraud, tax and obstruction of justice charges, the Department of Justice announced. The former...

Rochester-based Realtime Reporting Service offers attorneys the latest in courtroom technology.
August 10, 2006... Byline: Tara E. Buck With more than 30 years' experience as a court reporter, Jo-Anne Galloway has seen the job change dramatically with each addition of new technology. Galloway, in fact, started an innovative business, Realtime Reporting...

Cost of bankruptcy filing fees may prevent debtors' day in court.
August 10, 2006... Byline: Daily Record Staff When the new bankruptcy law took effect on Oct. 17, 2005, the cost of the required credit counseling and increased documentation alone made it more expensive to file bankruptcy. In addition, Congress increased...

NY State Court of Appeals lists filings for July 7 through 13, 2006.
August 10, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach...

'Daily Record' honors 2006 Up & Coming Attorneys.
August 11, 2006... Byline: Daily Record Staff The Daily Record hosted a reception on Tuesday, Aug. 8 at the Inn on Broadway in honor of 2006 Up & Coming Attorney Award recipients from the Seventh Judicial District. The event was well attended, with more than...

Discrimination claim against AMF to survive says U.S. District Court, Western District of N.Y.
August 11, 2006... Byline: Helen Nguyen Concluding there were triable issues of fact as to whether AMF Terrace Garden Lanes discriminated against the plaintiff on the basis of his race, the U.S. District Court for the Western District of New York in Jerome...

Rochester office of Nixon Peabody plans downtown expansion.
August 11, 2006... Byline: Daily Record Staff Nixon Peabody LLP is expanding its downtown Rochester office to accommodate recent and anticipated firm growth. By the end of the year, Nixon Peabody will occupy an additional 12,000 square feet of office space...

N.Y. Court of Appeals lists more July, 2006 filings.
August 11, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach...

Warren wraps up successful Rochester Black Bar Assn. year.
August 14, 2006... Byline: Tara E. Buck Lovely Warren, 29, was born and raised in Rochester's 19th Ward. As president of the Rochester Black Bar Association (RBBA), she takes great pains to ensure the city's and the profession's success, and to remind the...

Lotto winner's luck runs out, forced to pay back taxes.
August 14, 2006... Byline: Kevin Habberfield In the case of In Re Thomas J. O'Rourke and Carol D. O'Rourke, U.S. Bankruptcy Court, Western District of New York Chief Judge John C. Ninfo II denied Thomas J. O'Rourke and Carol D. O'Rourke's Motion Objecting to...

Law students participate in Monroe County Bar Association Diversity Program.
August 15, 2006... Byline: Tara E. Buck While the Monroe County Bar Association's membership is strong -- counting about 2,200 members -- its minority representation is low. It's for this reason the MCBA last year began its diversity internship program,...

Debtors' first attempt at federal exemptions fail.
August 15, 2006... Byline: Kevin Habberfield In the case of In re Daniel L. Jewell and Melissa A. Jewell, U.S. Bankruptcy Court, Western District of New York Chief Judge John C. Ninfo, II allowed the Jewells to claim various federal exemptions and amend...

Second Circuit rules plaintiff cannot recover costs for contaminated landfill.
August 16, 2006... Byline: Helen Nguyen In a case involving a contaminated landfill, the U.S. Court of Appeals for the Second Circuit referred to the following excerpt by Delaware Gov. Ruth Ann Minner in her 2005 State of the State Address: "Benjamin...

Judicial candidates in N.Y. must file financial disclosure statements.
August 16, 2006... Byline: Daily Record Staff Chief Administrative Judge Jonathan Lippman issued an order that requires candidates for judicial office in New York to file financial disclosure statements with the Ethics Commission for the Unified Court...

New York State Court of Appeals lists recent July filings.
August 16, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach...

U.S. District Court rules statements not protected by attorney-client privilege.
August 17, 2006... Byline: Helen Nguyen In a case where the plaintiff alleged that his former employer wrongfully docked his pay and that of other employees who were paid on a salary basis, the U.S. District Court for the Western District of New York held...

Beware of bogus phone calls for jury service in N.Y.
August 17, 2006... Byline: Daily Record Staff Eighth Judicial District Administrative Judge Sharon S. Townsend and Erie County Commissioner of Jurors Mehrl F. King are warning the public of bogus phone calls concerning jury service. An unknown, unauthorized...

Monroe County Bar Assn. to hold forum on lawyer advertising reform.
August 17, 2006... Byline: Daily Record Staff The Monroe County Bar Association will hold a speakers forum at 12:15 p.m. today to discuss and debate the proposed amendments to the rules that govern lawyer advertising as proposed by the New York State Office...

Citation found to be adequate due process.
August 18, 2006... Byline: Kevin Habberfield In the case of In the Matter of the Estate of Thomas Plantone, Deceased, Monroe County Surrogate Court Judge Edmund A. Calvaruso denied a petition over the validity of language found in a 1997 decree because the...

Motion to transfer case to Colorado denied by U.S. District Court for Western District of NY.
August 21, 2006... Byline: Helen Nguyen In a personal injury action where the plaintiff was allegedly injured in Colorado, the U.S. District Court for the Western District of New York denied the defendant's motion to transfer the case to Colorado. In Blake...

NY State Bar Assn. seeks nominees for 2006 Ruth G. Schapiro Award.
August 21, 2006... Byline: Daily Record Staff The New York State Bar Association is seeking nominations for the 2006 Ruth G. Schapiro Memorial Award, which honors law professionals for their outstanding work on issues affecting women. The award honors a...

Federal court backs states in requiring dirty coal-fired power plants to install pollution controls.
August 21, 2006... Byline: Daily Record Staff A federal appeals court in Chicago agreed with New York and other states that the Clean Air Act requires dirty coal-fired power plants to install pollution controls when plant modifications result in increased...

New York State Court of Appeals lists filings for July 28 through Aug. 3, 2006.
August 21, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach...

Justice Pigott nominated to New York State Court of Appeals.
August 22, 2006... Byline: Daily Record Staff Appellate Division, Fourth Department Presiding Justice Eugene F. Pigott, Jr. was nominated by Gov. George Pataki to serve on the New York State Court of Appeals as an associate judge. Selected from seven...

Attorney delay doesn't cost client in case before U.S. Bankruptcy Court.
August 22, 2006... Byline: Kevin Habberfield In the case of In re Bradley D. Moser and Carolyn M. Moser, U.S. Bankruptcy Court Judge Carl L. Bucki denied the trustee's motion to dismiss the debtors' petition for relief under Chapter 7. Judge Bucki denied...

Greater Rochester Association of Realtors: Steady single-family home sales in July.
August 22, 2006... Byline: Kevin M. Momot Year-to-date existing single-family home sales are up by 0.4 percent compared to 2005, and by 0.1 percent compared to last month. According to the Greater Rochester Association of Realtors, the average sale price of...

Is your kid really ready for a credit card?
August 22, 2006... Byline: Daily Record Staff Many parents face the same dilemma this time of year. Especially those who are going through the college experience with a teenager for the first time. While you want your son or daughter to be prepared for...

Racial discrimination claim focuses on S. Africa employer.
August 23, 2006... Byline: Helen Nguyen Federal statute 42 USC s. 1981 does not apply to a plaintiff who alleged that his employer racially discriminated against him while he worked in South Africa when the company transferred him there, ruled the U.S. Court...

Monroe County Court denies motion to suppress statement based on 'Payton' violation.
August 23, 2006... Byline: Jill Miller The defendant's mother freely gave her consent to allow police officers to enter her home and, as a result, the defendant's motion to suppress her statement to the police based upon a Payton violation was denied. This...

Assigned appellate counsel training seminars to be held in Rochester.
August 23, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department will conduct two full-day assigned appellate counsel training seminars this fall. In order to be eligible to receive assignments by the court to represent indigent...

Attorney fees denied in dispute over farming of wetlands.
August 24, 2006... Byline: Helen Nguyen U.S. District Court, Western District of New York Judge John T. Elfvin ruled that the plaintiff was not entitled to attorneys' fees under the Equal Access to Justice Act (EAJA) and the Federal Tort Claims Act (FTCA)....

Drug possession charge survives.
August 24, 2006... Byline: Jill Miller Even though the accusatory instrument failed to expressly state that the exceptions to the presumption of possession do not exist with regard to criminal possession of a controlled substance case, the accusatory...

Call for nominations: NY State Court of Appeals.
August 24, 2006... Byline: Daily Record Staff The New York State Commission on Judicial Nominations is seeking recommendations and applications of individuals who may be qualified to serve as associate judge of the New York Court of Appeals. A vacancy will...

Nixon Peabody attorneys tee-off for tee-ball.
August 24, 2006... Byline: Daily Record Staff Nixon Peabody LLP attorneys joined forces on Aug. 17 with New York City Mayor Michael R. Bloomberg and Roberto Clemente, Jr., the President of the Roberto Clemente Sr. Foundation, for the first-ever Gracie...

NY-based RAK Industries charged in sexual harassment suit.
August 25, 2006... Byline: Daily Record Staff A local manufacturer and distributor of highway, safety, and industrial products allegedly violated federal law by creating and condoning a sexually hostile work environment for at least one female employee,...

NY State Supreme Court rules sale of settlement payment not beneficial to transferor.
August 25, 2006... Byline: Kevin Habberfield In the case of In the Matter of the Petition of 321 Henderson Receivables, LP, New York State Supreme Court, Erie County Judge John M. Curran ruled that the transfer of structured settlement payments were not in...

New York State Court of Appeals lists filings for July 21 through 27, 2006.
August 25, 2006... Byline: Dailly Record Staff Report 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 rules police failed to provide 'Miranda' warnings.
August 28, 2006... Byline: Jill Miller Because the defendant was not advised of his Miranda rights during a police interview at the Public Safety Building, a Monroe County Court judge granted the defendant's motion to suppress the statements in question....

City of Rochester has its work cut out for it to boost home ownership.
August 28, 2006... Byline: Tara E. Buck Home ownership is often regarded as one of the foundations of a stable neighborhood, however the home ownership rate for the City of Rochester is only 40.2 percent. The city is not faring much better than other upstate...

Is claim for the conversion of electronic data cognizable under New York law?
August 29, 2006... Byline: Helen Nguyen Is a claim for the conversion of electronic data cognizable under New York law? This was the question that the U.S. Court of Appeals for the Second Circuit certified to the New York State Court of Appeals in a case...

Part One of four-part series focusing on City of Rochester's housing market.
August 29, 2006... Byline: Tara E. Buck Editor's Note: The following is a four-part series focusing on the City of Rochester's housing market. Part 2 examines the Greater Rochester Association of Realtors' perception of market trends. As the country...

Total bankruptcy cases filed in federal courts fall to five-year low.
August 29, 2006... Byline: Dailly Record Staff Report Bankruptcy filings fell 9.3 percent during the 12-month period ending June 30. Bankruptcy cases filed in federal courts during that period totaled 1,484,570, down from the 1,637,254 bankruptcy cases filed...

Monroe Court says statements admitted as evidence despite 'subnormal intelligence' of accused.
August 30, 2006... Byline: Jill Miller Even though the defendant took special education classes in high school, he had a basic understanding of the police interview. Therefore, his motion to suppress the oral and written statements he gave to police was...

Rochester Real Estate Briefs: August 30, 2006.
August 30, 2006... Byline: Tara E. Buck What is to be done with a housing stock that for the most part is more than 50 years old, in a city that saw less drastic demolition than other areas during America's urban renewal years of the 1950s and 1960s? Many...

N.Y. State AG Spitzer announces Prudential Equity Group settles market-timing investigations.
August 30, 2006... Byline: Daily Record Staff New York State Attorney General Eliot Spitzer recently announced an agreement to resolve an investigation of market timing by a leading financial services firm. Under the agreement, Prudential Equity Group will...

N.Y. Supreme Court prosecution didn't state specific time for defendant to testify before Grand Jury.
August 31, 2006... Byline: Jill Miller Finding the prosecution failed to comply with the mandates of CPL 190.50(5)(c), a New York State Supreme Court, Monroe County, judge granted a defendant's motion to dismiss the indictment filed against him. In People v....

Rochester Real Estate Briefs: August 31, 2006.
August 31, 2006... Byline: Tara E. Buck Many groups and entities work to ensure a viable future for Rochester's housing market, but different kinds of people will always have different housing needs. Keeping area residents interested in living in the city,...