Daily Record (Rochester, NY) articles from August 2008

Daily Record (Rochester, NY) archives from August 2008

Case Digests.
August 1, 2008... U.S. Court of Appeals for the Second Circuit Sentencing Number of Victims U.S. v. Abiodun 06-5335-cr Appealed from the Southern District of New York Background: The appellants, following their guilty pleas to various charges of fraud,...

Commentary: Internal controls in employee benefit plans.
August 1, 2008... Byline: Jackie Boone Does your organization maintain a 401(k) or other employee benefit plan? Are you responsible for the administration or assets of the plan? If so, you are considered a fiduciary under ERISA, which creates certain...

The Daily Record News Briefs: August 1, 2008.
August 1, 2008... Byline: Daily Record Staff & Wire Reports SUNY system to host Chinese students Officials this week announced that 22 campuses of the State University of New York system as well as other community colleges will host 150 Chinese...

NYC investor wants in on Midtown Rochester Rising project.
August 1, 2008... Byline: Eric Walter A New York City businessman who has met great success in transforming downtown Buffalo's real estate market said Thursday he would like to try to do the same in Rochester. First, people have to come back downtown, said...

Fair access to New York's family courts long time coming.
August 1, 2008... Byline: Eric Walter Catherine Mazzotta doesn't know exactly what tipped the balance, but she's grateful it did. For whatever reason, this year was a good year, said the director of Rochester-based Alternatives for Battered Women, a...

U.S. Court of Appeals for the Second Circuit Case Summaries: August 1, 2008.(Case overview)
August 1, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Sentencing Number of Victims U.S. v. Abiodun 06-5335-cr Appealed from the Southern District of New York Background: The appellants, following...

U.S. District Court, Western District of New York Case Summaries: August 1, 2008.(Case overview)
August 1, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Failure to Prosecute 'Pro Se' Plaintiffs Odom v. Dixion 04-CV-889 Judge Foschio Background: In this prisoner civil rights claim, the...

U.S. District Court, Northern District of New York Case Summaries: August 1, 2008.(Case overview)
August 1, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Northern District of New York Social Security Disability Thornton v. Astrue 05-CV-827 Judge Kahn Background: The plaintiff filed applications for disability...

Appellate Division, Fourth Department Case Summaries: August 1, 2008.(Case overview)
August 1, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Fourth Department Guardianship Incapacitated Person In the Matter of the Application of Goldstein 08-01449 Appealed from Supreme Court, Monroe County Background:...

Case Digests.
August 4, 2008... u.s. district Court, wdny Education Law Basis of Claim J.S. v. Attica Central Schools 00-CV-513 Judge Foschio Background: In this class action alleging systemic violations of federal and state special education laws and...

Commentary: Preparing for the question of 'Where should I invest?'.
August 4, 2008... Byline: Shaune Oppelt As a plan sponsor, you probably have been, or will be, asked the following top two questions by plan participants regarding to their retirement money: How much should I invest? and Where should I invest? They are two...

Commentary: Wannabe lawyers gamble on the New York bar exam.
August 4, 2008... Byline: Nicole Black You only get one chance to roll the dice of life, make your bet wisely. -- Nathan Detroit, Guys and Dolls Just last week, aspiring lawyers across the state endured the anxiety-ridden hazing ritual of sitting for the...

The Daily Record News Briefs: August 4, 2008.
August 4, 2008... Byline: Daily Record Staff Democrats call for Lift Line Changes Democrats in the Monroe County Legislature have called on the Rochester Regional Transit Authority to hold a second public hearing on proposed changes to Lift Line passenger...

Brighton considers high-end housing.
August 4, 2008... Byline: Eric Walter If developer Anthony Costello gets his way, Brighton could get something that many believe the town lacks -- new places to live. There's been a pent up need for something like this in Brighton, said Costello. To that...

U.S. District Court, Western District of N.Y. Case Summaries: August 4, 2008.(Case overview)
August 4, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Education Law Basis of Claim J.S. v. Attica Central Schools 00-CV-513 Judge Foschio Background: In this class action alleging systemic violations of...

U.S District Court, Northern District of N.Y. Case Summaries: August 4, 2008.(Case overview)
August 4, 2008... Byline: Daily Record Staff U.S District Court, Northern District of N.Y. Federal Jurisdiction Diversity Thaler v. CSX Transportation, Inc. 08-CV-00524 Judge McCurn Background: This lawsuit arose out of an accident involving a...

New York State Court of Claims Case Summaries: August 4, 2008.(Case overview)
August 4, 2008... Byline: Daily Record Staff New York State Court of Claims Late Claim Meritorious Claim Murchison v. State of New York 2008-032-108 Judge Hard Background: In this claim against the state for negligence, the claimant moves for...

Western New Yorkers On The Move: August 5, 2008.
August 5, 2008... Byline: Tara E. Buck Harris Beach PLLC recently expanded its Canadian cross-border services to clients in New York State, Ontario and Quebec with the addition of attorney Joy Goodman, the former director of legal services for A&P Canada,...

U.S. Court of Appeals for the Second Circuit Case Digests: August 5, 2008.
August 5, 2008... Byline: The Daily Record Staff U.S. Court of Appeals for the Second Circuit Fifth Amendment Damages Arar v. Ashcroft 06-4216-cv Appealed from the Eastern District of New York Background: The plaintiff, a dual citizen of Syria and...

The Daily Record News Briefs: August 5, 2008.
August 5, 2008... Byline: The Daily Record Staff Legal foundation to study judicial pay Officials with the Atlantic Legal Foundation this week announced the launch of a study on judicial compensation in New York. The foundation will examine whether the...

New York State environmental regs questioned.
August 5, 2008... Byline: Eric Walter Environmental groups released a new survey Monday suggesting New York State has weaker soil cleanup standards than a number of other states when it comes to hazardous chemicals such as lead, arsenic and vinyl chloride....

U.S. District Court, Western District of NY Case Summaries: August 5, 2008.(Case overview)
August 5, 2008... Byline: The Daily Record Staff U.S. District Court, WDNY Fair Trial Disclosure U.S.v. Bryant 07-CR-6047 Judge Siragusa Background: On March 10, a jury found the defendant guilty of possession with intent to distribute cocaine...

U.S. Court of Appeals for the Second Circuit Case Summaries: August 6, 2008.(Case overview)
August 6, 2008... Byline: The Daily Record Staff Fourth Amendment Warrantless Search U.S. v. Klump 06-0339-cr Appealed from the Western District of New York Background: The defendant appeals from a conviction that followed a jury trial under Judge...

Commentary: Financial industry rescue from the SEC and Treasury.
August 6, 2008... Byline: James Quackenbush If you have been watching the U.S. stock markets or looking through quarterly statements from your local investment firm, you've probably observed that the markets are down significantly and your investment...

The Daily Record News Briefs: August 6, 2008.
August 6, 2008... Byline: The Daily Record Staff State passes subprime reform Gov. David A. Paterson on Tuesday signed into law legislation intended to address the effects of the subprime mortgage crisis in New York. The bill was passed by the Legislature...

Appellate Division, Third Department Case Summaries: August 6, 2008.(Case overview)
August 6, 2008... Byline: The Daily Record Staff Taxpayer Standing Arbitrary Expenditure In the Matter of Humane Society of the United States v. Empire State Development Corp. 504252 Appealed from Supreme Court, Albany County Background: The...

U.S. District Court, Northern District of New York Case Summaries: August 6, 2008.(Case overview)
August 6, 2008... Byline: The Daily Record Staff 'Habeas Corpus' Commitment Order Reed v. Alexander 05-CV-00236 Judge Singleton Background: The petitioner is a prisoner at the Altona Correctional Facility. He was convicted of rape in Niagara County...

U.S. District Court, Western District of New York Case Summaries: August 6, 2008.(Case overview)
August 6, 2008... Byline: The Daily Record Staff Alternative Dispute Settlement Debt Collection Curto v. Palisades Collection LLC 07-CV-5295 Judge Scott Background: In this action under the Fair Debt Collection Act, the dispute was put into the...

Case Digests.
August 7, 2008... U.S. Court of Appeals for the Second Circuit Fourth Amendment Attenuation U.S. v. Valentine 06-5648-cr Appealed from the Eastern District of New York Background: The appeal is from an order of the district court denying the...

Commentary: Destroyed e-evidence results in sanctions.
August 7, 2008... Byline: Christopher D. Lindquist Last year, amendments to the Federal Rules of Civil Procedure relating to electronically-stored information (ESI) provoked much discussion about what was required with respect to preserving and producing...

Commentary: Doctors must be allowed to be doctors again.
August 7, 2008... Byline: Robert L. Brenna Jr. The practice of law, occasionally, is stressful. I have friends in the profession who might claim the first sentence of this column is the greatest understatement they've ever read. I am fortunate in that I...

The Daily Record News Briefs: August 7, 2008.
August 7, 2008... Byline: Daily Record Staff & Wire Reports PR firm opens Rochester office Public relations, event planning, social media and graphic design agency HJMT Communications LLC announced the opening of a new office in Rochester. The firm was...

Second Costello project in Brighton causing friction.
August 7, 2008... Byline: Eric Walter Plans for an 82-acre office and retail complex in central Brighton has sparked opposition, a petition drive and a planned rally by some residents. Brighton has a friendly, small town feel, said Matthew Lenoe, town...

U.S. Court of Appeals for the Second Circuit Case Summaries: August 7, 2008.(Case overview)
August 7, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Fourth Amendment Attenuation U.S. v. Valentine 06-5648-cr Appealed from the Eastern District of New York Background: The appeal is from an order...

U.S. District Court, Western District of New York Case Summaries: August 7, 2008.(Case overview)
August 7, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York 'Habeas Corpus' Ineffective Assistance Bennett v. Poole 04-CV-0014 Judge Bianchini Background: The petitioner filed a habeas petition...

U.S. District Court, Northern District of New York Case Summaries: August 7, 2008.(Case overview)
August 7, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Northern District of New York Social Security Extreme Limitations Brown v. Barnhart 05-CV-0985 Judge Mordue Background: The plaintiff brought action on behalf of...

U.S. Court of Appeals, 2nd Circuit Case Summaries: August 8, 2008.(Case overview)
August 8, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Fair Trial Exclusion of Family Rodriguez v. Miller 04-6665-pr Appealed from the Eastern District of New York Background: The petitioner appeals from a denial...

Commentary: Business tax changes for 2008 state returns.
August 8, 2008... Byline: Jim Schnell The New York State Department of Taxation and Finance's Office of Tax Policy Analysis released a Summary of Tax Provisions in SFY 2008-09 Tax Provisions in April. While some of the provisions already took effect this...

Commentary: Failure to re-register basis for suspension.
August 8, 2008... Byline: Gary Muldoon The Fourth Department recently issued an order in which a large number of attorneys admitted to practice in the Fourth Department were suspended. Some 143 attorneys saw their licenses to practice law in New York State...

The Daily Record News Briefs: August 8, 2008.
August 8, 2008... Byline: Daily Record Staff SentrySafe buys Schwab Rochester-based safe and security storage container SentrySafe on Thursday announced the purchase of Lafayette, Ind.-based Schwab Corp., a manufacturer of high-end security and fire...

Group challenging state grants in N.Y.
August 8, 2008... Byline: Eric Walter If James Ostrowski had his druthers, this year's state budget would be clear of line items like $25 million for Delphi Harrison, a Lockport-based heating and cooling manufacturer. The problem, as he sees it, is that...

Social Security numbers of Monroe County citizens on display at county site.
August 8, 2008... Byline: Eric Walter A political sparring match erupted Wednesday when it was revealed that the Social Security numbers of hundreds, possibly thousands, of former and current Monroe County citizens are available online at the Monroe County...

U.S. District Court, Western District of New York Case Summaries: August 8, 2008.(Case overview)
August 8, 2008... Byline: Daily Record Staff U.S. District Court, Western District of New York Social Security SSI Reyes v. Astrue 05-CV-562 Judge Curtin Background: The plaintiff is a minor whose parent brought action to review the denial of...

U.S. District Court, Northern District of New York Case Summaries: August 8, 2008.(Case overview)
August 8, 2008... Byline: Daily Record Staff U.S. District Court, Northern District of New York Sanctions Frivolous Claims Nash v. Gentile 08-CV-006 Judge Kahn Background: In December 2007, the U.S. Bankruptcy Court for the Northern District of...

Case Digests.
August 11, 2008... u.s. district Court, wdny Social Security SSI Hyland v. Astrue 06-CV-6571 Judge Telesca Background: The plaintiff is challenging the denial of his claim for SSI benefits. Litigation began in 1996 when his mother filed the claim on his...

Commentary: 403(b) plan sponsors, are you ready?
August 11, 2008... Byline: Manuel Marques and Patrick Burke Change has arrived for employers sponsoring 403(b) plans (the popular 401(k) retirement plan's cousin). More importantly, the effective date for the change is less than six months away. In July...

The Daily Record News Briefs: August 11, 2008.
August 11, 2008... Byline: Daily Record Staff GRAR hires new CEO The Greater Roch-ester Association of Realtors on Friday announced the hiring of CEO Ryan Tucholski, which filled a vacancy that had been open since January. Tucholski will assist GRAR in...

Commentary: War on terrorism collides with attorney-client privilege.
August 11, 2008... Byline: Nicole Black In an effort to combat the somewhat nebulous concept of terrorism, laptops and other digital devices are currently subject to warrantless inspections at the border. On July 16, in response to demands from civil...

N.Y.'s housing market down, but solid.
August 11, 2008... Byline: Eric Walter Sales of existing single family homes remained solid in New York State in the first half of the year, despite an overall drop from the year before, according to preliminary sales data released last week by the New York...

U.S. District Court, Western District of N.Y. Case Summaries: August 11, 2008.(Case overview)
August 11, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Social Security SSI Hyland v. Astrue 06-CV-6571 Judge Telesca Background: The plaintiff is challenging the denial of his claim for SSI benefits. Litigation...

U.S. District Court, Northern District of N.Y. Case Summaries: August 11, 2008.(Case overview)
August 11, 2008... Byline: Daily Record Staff U.S. District Court, Northern District of N.Y. Equal Protection Zoning Lamar Advertising of Penn. LLC v. Pitman 05-CV-375 Judge Mordue Background: The plaintiff, a company engaged in outdoor...

Western New Yorkers on the Move: August 12, 2008.
August 12, 2008... Byline: Tara E. Buck Harris Beach PLLC recently expanded its commercial real estate practice with the addition of Stephen J. Schop as partner in the firm's Buffalo office. Schop was a named partner of Schop & Pleskow LLP. Associate...

Case Digests.
August 12, 2008... U.S. Court of Appeals for the Second Circuit Social Security Disability Burgess v. Astrue 05-4327-cv Appealed from the Eastern District of New York Background: The Social Security applicant appeals the district court's judgment...

The Daily Record News Briefs: August 12, 2008.
August 12, 2008... Byline: Daily Record Staff State Senate passes property tax cap bill The New York State Senate on Friday passed a bill that would cap property taxes at 4 percnet or the rate of inflation, whichever is less. The state Assembly is unlikely...

U.S. Court of Appeals for the Second Circuit Case Summaries: August 12, 2008.(Case overview)
August 12, 2008... Byline: Daily Record Staff Social Security - Disability Burgess v. Astrue 05-4327-cv Appealed from the Eastern District of New York Background: The Social Security applicant appeals the district court's judgment upholding the denial of...

U.S. District Court, Western District of New York Case Summaries: August 12, 2008.(Case overview)
August 12, 2008... Byline: Daily Record Staff Job Discrimination - Individual Liabilty Britton v. The Gleason Works 07-CV-6506 Judge Telesca Background: The plaintiff, a former employee of Gleason Works, brought action claiming the defendants...

U.S. Court of Appeals for the Second Circuit Case Summaries: August 13, 2008.(Case overview)
August 13, 2008... Byline: The Daily Record Staff Fair Labor Standards Act Overtime Barfield v. New York City Health and Hospitals Corp. 06-4137-cv Appealed from the Eastern District of New York Background: In an action for overtime pay under the...

Commentary: Developments in the world of auction-rate preferred securities.
August 13, 2008... Byline: Joseph G. Mowrer III The ongoing credit crunch continues to provide tremendous opportunities in Auction Rate Preferred Securities (ARPS) for patient investors. ARPS are senior securities issued by closed-end funds, with interest...

Commentary: Surveillance without limit, part two.
August 13, 2008... Byline: Scott Forsyth Both houses of Congress and President George W. Bush recently signed off on revisions to the Foreign Intelligence Surveillance Act, which minimally increase oversight but leave all past practices -- legal or not --...

The Daily Record News Briefs: August 13, 2008.
August 13, 2008... Byline: The Daily Record Staff Reserve at Brighton proposal drops gate Officials with Anthony J. Costello & Son Development recently dropped plans to make the proposed 63-acre, 350-unit Reserve at Brighton housing complex a gated...

Forfeited funds benefiting the Rochester community.
August 13, 2008... Byline: Eric Walter Boys and Girls Club of Rochester Executive Director Dwayne Mahoney said recently that without aid from the Monroe County District Attorney's Office, hundreds of city youths might not have a safe, constructive place to...

U.S. District Court for the Western Dist. of NY Case Summaries: August 12, 2008.(Case overview)
August 13, 2008... Byline: The Daily Record Staff ADA Dismissal -- Deposition Branford v. The Research Foundation of SUNY 05-CV-0344 Judge Skretny Background: The plaintiff filed action in 2005 pursuant to the Americans with Disabilities Act...

Case Digests.
August 14, 2008... U.S. Court of Appeals for the Second Circuit Civil Procedure Pseudonyms-Dismissal Sealed Plaintiff v. Sealed Defendant 06-1590-cv Appealed from the Northern District of New York Background: The district court dismissed sua sponte the...

Commentary: Reminiscing about J. Coyne O'Brien.
August 14, 2008... Byline: Hon. David O. Boehm Of this world the loveliest and the best Has smiled and said 'Good Night' and gone to rest. -- Hilaire Belloc James Coyne O'Brien, among the very loveliest in his 92 years, has gone to rest. In his time, he...

Commentary: Summer is the time to regain balance.
August 14, 2008... Byline: Heidi Schult Gregory I love summer, and I love summer in Rochester. Summer, with its longer, lighter days, has a certain flow, a more relaxed feel. It is a season known for barbeques, outdoor fun, relaxation and vacations. During...

Commentary: MCBA receives ABA's Harrison Tweed Award.
August 14, 2008... Byline: T. Andrew Brown The Harrison Tweed Award is a prestigious award given annually by the American Bar Association's Standing Committee on Legal Aid and Indigent Defendants and the National Legal Aid and Defender Association in...

The Daily Record News Briefs: August 14, 2008.
August 14, 2008... Byline: Daily Record Staff & Wire Reports Harris Beach ranks in associate satisfaction For the second year in a row, Harris Beach PLLC was ranked first among Rochester firms on the issue of mid-level associate satisfaction in a survey...

Opponents blast New York Senate's property tax cap proposal.
August 14, 2008... Byline: Eric Walter The latest shot in the battle over a proposed 4 percent cap on property taxes was fired Wednesday by the Working Families Party and the Alliance for Quality Education. In a conference call Wednesday morning,...

U.S. Court of Appeals for the Second Circuit Case Summaries: August 14, 2008.(Case overview)
August 14, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Civil Procedure Pseudonyms-Dismissal Sealed Plaintiff v. Sealed Defendant 06-1590-cv Appealed from the Northern District of New York...

U.S. District Court, Western District of New York Case Summaries: August 14, 2008.(Case overview)
August 14, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Legal Fees Motion to Compel Carovski v. Jordan 07-CV-284 Judge Scott Background: The defendants moved for an award of costs regarding...

U.S. District Court, Northern District of New York Case Summaries: August 14, 2008.(Case overview)
August 14, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Northern District of New York Social Security Legal Fees Dixie v. Commissioner of Social Security 05-CV-345 Judge Mordue Background: The plaintiff challenged the...

Appellate Division, Third Department Case Summaries: August 14, 2008.(Case overview)
August 14, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Third Department Attorney Discipline Conversion In the Matter of Tessitore D-48-08 Background: The respondent was admitted to practice in 1991 and maintained an...

Case Digests.
August 15, 2008... U.S. Court of Appeals for the Second Circuit Copyright License -- Termination Penguin Group Inc. v. Steinbeck 06-3226-cv Appealed from the Southern District of New York Background: The appeal is from a district court order granting...

Commentary: FASB issues staff position FAS 117-1.
August 15, 2008... Byline: Jeannine M. Sheehan The Financial Accounting Standards Board (FASB) last week issued FASB Staff Position (FSP) FAS 117-1, Endowments of Not-for-Profit Organizations: Net Asset Classification of Funds Subject to an Enacted Version...

Commentary: New and higher surcharges for crimes, traffic charges.
August 15, 2008... Byline: Gary Muldoon When a criminal defendant or motorist is convicted of an offense, a variety of penalties may be imposed. Aside from punishment such as incarceration or probation, there is a burgeoning list of financial sanctions....

The Daily Record News Briefs: August 15, 2008.
August 15, 2008... Byline: Daily Record Staff Renaissance Executive Forums expands Pittsford-based consultant Bruce Peters recently purchased the Rochester, Buffalo and Syracuse franchises of Renais-sance Executive Forums, a professional development firm...

U.S. Court of Appeals for the Second Circuit Case Summaries: August 15, 2008.(Case overview)
August 15, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Copyright License -- Termination Penguin Group Inc. v. Steinbeck 06-3226-cv Appealed from the Southern District of New York Background: The appeal is from...

U.S. District Court, Western District of New York Case Summaries: August 15, 2008.(Case overview)
August 15, 2008... Byline: Daily Record Staff U.S. District Court, Western District of New York 'Habeas Corpus' Time Limitations Stauffer v. McGinnis 03-CV-6510 Judge Siragusa Background: The petitioner filed a habeas petition challenging his 1996...

U.S. District Court, Norhern District of New York Case Summaries: August 15, 2008.(Case overview)
August 15, 2008... Byline: Daily Record Staff U.S. District Court, Norhern District of New York Conspiracy Disability -- Constitutional Rights Brady v. Dammer 04-CV-1126 Judge Kahn Background: The plaintiff's lawsuit arises out of her employment...

Appellate Division, Third Department Case Summaries: August 15, 2008.(Case overview)
August 15, 2008... Byline: Daily Record Staff Appellate Division, Third Department Tax Assessments Valuation Method In the Matter of General Electric Company v. Assessor of the Town of Rotterdam 504145 Appealed from Supreme Court, Schenectady...

U.S. Court of Appeals for the Second Circuit Case Summaries: August 18, 2008.(Case overview)
August 18, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Bankruptcy Bankruptcy Estate Chartschlaa v. Nationwide Mutual Insurance Co. 05-5988-cv Appealed from the District of Connecticut Background: The...

Commentary: Do we really understand our 401(k)?
August 18, 2008... Byline: Robert C. Newton Whenever advisors or business owners talk about the retirement plans in their charge, the discussion at some point always turns to employee education. Everyone involved says they take care of employees'...

Commentary: Help for telecommunications managers.
August 18, 2008... Byline: Martha Buyer It's summer, and for the first two weeks of August, the phone wasn't ringing as frantically as it usually does. That means that, at least when the Olympics weren't on, I actually had time to dig into the pile of...

Commentary: Does security require the loss of liberty?
August 18, 2008... Byline: Nicole Black Men fight for liberty and win it with hard knocks. Their children, brought up easy, let it slip away again, poor fools. And their grandchildren are once more slaves. -- D.H. Lawrence, Classical American Literature,...