Daily Record (Rochester, NY) articles from December 2004

Daily Record (Rochester, NY) archives from December 2004

Defamation lawsuit dismissed by federal court.
December 1, 2004... Byline: Helen Nguyen In a case where the plaintiff, Michael Lupinetti, alleged the defendant, Deborah Mellon, made defamatory statements against him, the U.S. District Court for the Western District of New York granted the U.S. Attorney's...

Removal order from criminal court to family court deemed jurisdictionally defective.
December 1, 2004... Byline: Jill Miller A removal order from criminal court to family court must be supported by nonhearsay factual allegations in order to establish every element of the crimes charged and the juvenile's role in the crimes. This was the...

Monroe County's Campaign for Justice moves into next phase.
December 1, 2004... Byline: Nora A. Jones Nearly 100 volunteers participated in the three nights of telephone calls that launched the 2004 Campaign for Justice to support Volunteer Legal Services Project, Inc., The Legal Aid Society of Rochester and Monroe...

Recent survey shows increased compensation for in-house attorneys.
December 1, 2004... Byline: Daily Record Staff According to the Altman Weil Law Department Compensation Benchmarking Survey of U.S. corporate law departments, published in partnership with the Association of Corporate Counsel (ACC), 2004 showed an increase in...

City of Buffalo's denial of use permit not 'arbitrary or capricious'.
December 1, 2004... Byline: Kevin M. Momot Where the petitioners commenced a proceeding to annul a determination denying a use permit to engage in rock, stone and concrete crushing operations, the respondent's denial was not deemed to be arbitrary or...

Technology transfer subject of Erie County bar seminar.
December 1, 2004... Byline: Daily Record Staff The Bar Association of Erie County will present a seminar entitled, "Technology Transfer: Buffalo's New Economic Engine" from 8:30 a.m. to 1 p.m. on Saturday, Dec. 4 at the Buffalo Niagara Medical Campus. ...

Undue hardship not established by debtor in attempt to discharge student loans.
December 2, 2004... Byline: Nora A. Jones Where the debtor, Mary H. DeRose, sought Chapter 7 relief to discharge her student loans totaling over $160,000, U.S. Bankruptcy Judge Michael Kaplan issued a memorandum of decision in late October, denying the...

Anonymous testimony violates Sixth Amendment, NY State Court of Appeals finds.
December 2, 2004... Byline: Jill Miller The trial court failed to follow the sequential steps in a case where the prosecution attempted to shield a witness's identity. As a result, the New York State Court of Appeals ordered a new trial. In People v. John...

National Adoption Day celebrated by Monroe County Family Court.
December 2, 2004... Byline: Nora A. Jones Monroe County Family Court Judge Gail Donofrio was instrumental in coordinating local participation in National Adoption Day on Friday, Nov. 19. She personally officiated over two of the adoptions finalized in a...

Phillips Lytle Counsel to present at Genesee Valley HR mgmt. society workshop.
December 2, 2004... Byline: Staff Jackie Phipps Polito, special counsel with Phillips Lytle LLP will present at The Society for Human Resource Management, Genesee Valley Chapter Dec. 8 workshop, titled "People Assessment Tools: Successfully Using Them for...

NY State Court of Appeals lists filings for November 12-18, 2004.
December 2, 2004... 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...

Rochester Legal Briefs: December 12, 2004.
December 2, 2004... Byline: Daily Record Staff The Nov. 19 Appellate Division, Fourth Department's decisions addressed several appeals in which arbitration issues emanated from Erie County. ARBITRATION Arbitration - Stay - Jury Trial In a...

Products liability, negligence claims dismissed by NY court.
December 3, 2004... Byline: Helen Nguyen Finding insufficient evidence to support the plaintiff's claims that the defendant's machine was defective and caused her injuries, the U.S. District Court for the Western District of New York dismissed the plaintiff's...

NY State Court of Appeals rules signature indicated knowledge of order's contents.
December 3, 2004... Byline: Jill Miller A defendant's signature on an order of protection adequately supports an allegation he read and knew of the order's contents. In People v. Peter Inserra, the defendant was convicted of criminal contempt. He...

NY State Comm. on Judicial Conduct censures LeRoy Town Court judge for misconduct.
December 3, 2004... Byline: Jill Miller A LeRoy Town Court judge has been censured because he entered an order that falsely stated a defendant had been convicted of trespass. In the Matter of Charles E. Dusen, the New York State Commission on Judicial...

Erie County's Volunteer Lawyers Project recognizes attorneys, law firms.
December 3, 2004... Byline: Kevin M. Momot On Tuesday, Nov. 30, the Bar Association of Erie County Volunteer Lawyers Project (VLP) held its 12th annual Volunteer Recognition Reception at the Statler Towers to honor local attorneys and law firms that have...

Seminar focuses on New York's paralegals and legal assistants.
December 3, 2004... Byline: Fred Petersen On Tuesday, Nov. 23, Lorman Education Services held a one-day seminar titled "Select Topics for Legal Staff in New York" for paralegals, legal assistants and attorneys at the Buffalo Conference Center. The day-long...

NY appellate court denies motion to set aside verdict; jury award for injuries not excessive.
December 6, 2004... Byline: Kevin M. Momot Where the plaintiff commenced an action seeking damages for injuries sustained in a work-related fall at the defendant's building, the jury's award of $65,000 to the plaintiff for past pain and suffering and...

NY State Court of Appeals rules election commissioner may challenge county actions.
December 6, 2004... Byline: Jill Miller A single election commissioner can challenge county actions that allegedly impaired the equal representation of the major political parties in the staffing of a local board of elections. This was the finding of the...

NY judicial referees release report and recommendations for improving NYC school system.
December 6, 2004... Byline: Staff The judicial referees have released their report and recommendations regarding Campaign for Fiscal Equity, Inc., et al. v. the State of New York, et al. The referees, John D. Feerick, E. Leo Milonas and William C....

U.S. District Court Chief Judge Arcara presents 'pro bono' awards for selfless service.
December 6, 2004... Byline: Fred Petersen On Tuesday, Nov. 30, U.S. District Court Chief Judge Richard J. Arcara presented Harry Forrest and Larry Kerman with pro bono awards at a ceremony held in the courtroom of the U.S. District Court, Western District of...

Rochester Legal Briefs: December 6, 2004.
December 6, 2004... Byline: Staff The November Appellate Division, Fourth Department's decisions included a family law issue relating to modification of child support and addressed several contract law issues, including attorney fees and a cause of action for...

Women, Jewish themes focus of plays by Buffalo attorney Rebecca Ritchie.
December 6, 2004... Byline: Nora A. Jones Rebecca Ritchie, general counsel of Univera Healthcare in Buffalo, knows how a diagnosis of breast cancer can change lives. She's the tenth member of her family to personally deal with the disease. She lost her mother...

Excessive force, deliberate indifference claims remanded by Court of Appeals.
December 7, 2004... Byline: Fred Petersen Where the defendant's motion for summary judgment was granted by the lower court with respect to the plaintiff's excessive force and deliberate indifference claims, the case was remanded for a hearing by a jury at...

Defendant not required for side-bar conference, NY State Court of Appeals finds.
December 7, 2004... Byline: Jill Miller A side-bar conference the defendant was excluded from focused only on a legal issue and thus the defendant's right to present at the hearing was not violated. In People v. Ederick Fabricio, the defendant claimed he...

ABA report focuses on fees in medical malpractice cases.
December 7, 2004... Byline: Daily Record Staff Lawyer contingent fees in medical malpractice cases are essential to preserving an individual's right to seek redress for injuries, according to a new report released by a special task force of the American Bar...

Rochester Legal Briefs: December 7, 2004.
December 7, 2004... Byline: Daily Record Staff The November Appellate Division, Fourth Department's decisions reviewed municipal determinations relating to land use, landmark status and employment. CIVIL DECISIONS Default - Vacatur The public...

Attorney's malicious prosecution, false arrest claims against town dismissed.
December 8, 2004... Byline: Helen Nguyen In a case where an attorney initiated a lawsuit against the Town of Farmington and four of its officials, the U.S. District Court for the Western District of New York dismissed the attorney's claims based on his...

Dispute does not fall within Watertown City Court jurisdiction.
December 8, 2004... Byline: Jill Miller The plaintiff cannot recover the funds he spent to pay various bills of the defendant's after the two ended their relationship in city court. This was the finding of Watertown City Court Judge James Harberson in...

Pittsford law firm merges with Rochester firm, Lacy Katzen.
December 8, 2004... Byline: Staff Rasmussen & Fjermedal LLP (R&F) has completed its merger with Lacy Katzen LLP. As a result of the merger, three attorneys and three new staff members have joined Lacy Katzen. David Rasmussen and Glenn Fjermedal have...

Parents obligated to pay college expenses, appellate court says.
December 9, 2004... Byline: Kevin M. Momot Where the defendant failed to pay portions of a maintenance and distributive award relating to a divorce judgment, a hearing was required before finding the defendant in contempt. Also, emancipation of the parties'...

Evidence seized during traffic stop must be suppressed, Sweden Town Court decides.
December 9, 2004... Byline: Jill Miller A police officer lacked probable cause to ask the defendant to exit his vehicle and search him. As a result, the defendant's motion to suppress certain evidence seized from his pockets was granted. In People v....

Greater Rochester Assn. for Women Attys. members gather for holiday festivities.
December 9, 2004... Byline: Nora A. Jones President of Greater Rochester Association for Women Attorneys, Audrey Peartree, opened her home to GRAWA members on Thursday, Dec. 2 for this year's holiday party. Although there was no charge for the event, it was...

Judge Nancy E. Smith appointed to Appellate Division, Fourth Department.
December 9, 2004... Byline: Daily Record Staff Judge Nancy E. Smith was appointed an associate justice of the Appellate Division, Fourth Department, by Gov. George Pataki on Nov. 23, after serving as an associate justice of the Appellate Division, Second...

US District Court for NY denies dismissal of forum selection action for improper venue.
December 10, 2004... Byline: Kevin M. Momot Where the plaintiff brought an action against the defendant for breach of contract and forum selection was at issue, the U.S. District Court for the Western District of New York denied the defendant's motion to...

NY Court of Appeals rules trial court error does not warrant reversal of conviction.
December 10, 2004... Byline: Jill Miller Even though the trial court erred when it allowed the prosecution to introduce an abandoned notice of alibi on its rebuttal case in an effort to discredit two defense witnesses, the error did not warrant a reversal of...

Monroe County real estate attorneys gather for CLE on unlawful practice of law.
December 10, 2004... Byline: Nora A. Jones The Monroe County Bar Center for Education was filled to capacity for the two credit hour program titled "Non-Lawyer Closing Agents and the Unlawful Practice of Law." Five attorneys from the Bar Association of Erie...

Two Phillips Lytle partners contribute to NY State Bar Assn. publication.
December 10, 2004... Byline: Staff Paul F. Jones and Joseph Ritzert, partners with the law firm of Phillips Lytle LLP are both contributing authors to a new publication from the New York State Bar Association, entitled Preparing For and Trying the Civil...

Jefferson County Court judge denies severance and suppression motions.
December 13, 2004... Byline: Kevin M. Momot Where the defendant was convicted of two counts of burglary, larceny and additional criminal and traffic offenses, the lower court's refusal to sever the two burglary counts was not an abuse of discretion. Denial of...

NY State Court of Appeals says claim against state not filed and served in timely manner.
December 13, 2004... Byline: Jill Miller Because a claimant's late filing and service plans placed him outside the confines of the two-year statute of limitations period detailed in Court of Claims Act s. 10, the state was entitled to dismissal of the claim on...

Second Circuit seeks applications to serve on 'pro bono' panel.
December 13, 2004... Byline: Daily Record Staff The Criminal Justice Act/Pro Bono Committee of the U.S. Court of Appeals for the Second Circuit is accepting applications for service on the court's newly-formed pro bono panel. Pro bono panel members will,...

NY State Bar Assn. forms new committee.
December 13, 2004... Byline: Daily Record Staff The New York State Bar Association has formed a new committee to study the side-effects faced by those charged with committing a criminal act. The Special Committee on Collateral Consequences of Criminal...

NY State Court of Appeals lists filings for Nov. 19-25, 2004.
December 13, 2004... 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 of Buffalo study finds increased security along U.S. border has health implications.
December 13, 2004... Byline: Daily Record Staff The North American Free Trade Agreement (NAFTA) and increased security concerns in the post-9/11 era have combined to produce an unanticipated health problem in communities situated along U.S. borders: an...

Erie County Court judge says no duty of care owed to patient's spouse.
December 14, 2004... Byline: Kevin M. Momot Where the plaintiff brought a derivative cause of action claiming as a result of the defendants' alleged negligence in treating his wife, he was required to undergo medical procedures and incur medical expenses, the...

Petitioner's application for poor person status will proceed despite late filing.
December 14, 2004... Byline: Jill Miller A petitioner whose application for poor person status and petition were refused by the clerk's office may proceed with his Article 78 proceeding even though it was filed after the four month statute of limitations ran...

NY's Ethics Commission for the Unified Court System issues 49 Notices of Delinquency.
December 14, 2004... Byline: Daily Record Staff The Ethics Commission for the Unified Court System issued 49 Notices of Delinquency for failure to timely file complete financial disclosure statements for calendar year 2003, and four Notices of Delinquency for...

Judges honored at 2004 Monroe County Bar Assn. holiday party.
December 14, 2004... Byline: Nora A. Jones The judiciary plays a major role in making the Monroe County Bar Association a quality organization and that fact was highlighted at this year's MCBA Holiday Party which honored federal, state and local judges who...

Rochester-area attorneys discuss their hobbies.
December 14, 2004... Byline: Nora A. Jones Music has always been an integral part of Steve Tranelli's life, and his ability to sing is a gift he has shared in many venues. From jazz, to inspirational, to rock-n-roll, Tranelli has performed before a wide...

Appellate Division, Fourth Department grants new trial on issue of damages.
December 15, 2004... Byline: Kevin M. Momot Where the plaintiff brought an action to recover for personal injuries and was awarded $100,000 for past and future pain and suffering, the plaintiff's failure to disclose documents admitted into evidence until just...

Multiple murders considered part of 'same criminal transaction' by Court of Appeals.
December 15, 2004... Byline: Jill Miller The evidence supported the prosecution's assertion that the defendant committed first degree murder by killing two victims during the "same criminal transaction." In People v. Simeon Duggins, the New York State...

ABA commission report addresses juries and trials.
December 15, 2004... Byline: Daily Record Staff At a recent news conference, American Bar Association President Robert J. Grey Jr. presented Supreme Court Justice Sandra Day O'Connor with the ABA American Jury Project's "Principles for Juries and Jury Trials,"...

NY State Board of Law Examiners extends laptop program.
December 15, 2004... Byline: Daily Record Staff The New York State Board of Law Examiners has extended its laptop program allowing applicants of the bar examination to use their personal laptop computers with special security software to write their answers to...

Year in Review: Rochester-area attorneys discuss their hobbies.
December 15, 2004... Byline: Nora A. Jones Many attorneys are passionate about the law. And, many attorneys have passions and pastimes that are unrelated to legal issues. In this space throughout the year, Western New York attorneys with a variety of talents...

U.S. Bankruptcy Court says mortgages remain with bankruptcy estate.
December 16, 2004... Byline: Nora A. Jones In an adversary proceeding by the Chapter 7 trustee, the U.S. Bankruptcy Court for the Western District of New York granted the trustee's motion for summary judgment, determining the eight disputed mortgages should...

NY State Supreme Court finds plaintiff lacks standing to challenge plaza lease.
December 16, 2004... Byline: Jill Miller The plaintiff did not have standing to challenge a defendant's decision to lease a portion of a shopping plaza to a Chinese restaurant on the grounds the lease will lead to a demand for parking that exceeds the number...

NY State Bar Assn. reaches out to minority legal community and public.
December 16, 2004... Byline: Daily Record Staff Officers of minority bar associations throughout the state met on Dec. 9 with leaders of the New York State Bar Association to discuss issues of mutual interest and to identify ways the organized bar can work...

Cobblestone Capital Advisors reps speak to Monroe County Bar Assn. Senior Attys. Committee.
December 16, 2004... Byline: Nora A. Jones How has technology changed the investment landscape? Two representatives of Cobblestone Capital Advisors, LLC, gave a brief presentation at the Monroe County Bar Association Senior Attorneys Committee meeting on...

Western NY bankruptcy filings continue to increase.
December 16, 2004... Byline: Daily Record Staff Western New York is still experiencing growth in the number of bankruptices filed, while figures are dropping on the national level. According to the U.S. Bankruptcy Court, Western District of New York, from...

Rochester Legal Briefs: December 16, 2004.
December 16, 2004... Byline: Daily Record Staff The Fourth Department's November 2004 decisions included a variety of personal injury issues, including summary judgment, discovery and negligent supervision cause of action in a school setting. PERSONAL...

US District Court, W. District of NY dismisses plaintiff's due process claim.
December 17, 2004... Byline: Kevin M. Momot Where the plaintiff brought an action alleging a violation of her due process rights based on a correctional facility's testing procedures in place for visitors to prevent drug trafficking, the motion for summary...

Family court judge rules father still responsible for son's college expenses despite job loss.
December 17, 2004... Byline: Jill Miller A father who lost his job due to misconduct and claimed he could not afford the cost of his son's college expenses was not entitled to a reduction of his child support obligation. In Allan T. v. Debra D., Oswego...

NY State Supreme Court Judge Andrew Siracuse retires.
December 17, 2004... Byline: Jill Miller A dedicated and passionate judge, Andrew Siracuse will miss the challenges serving as a New York State Supreme Court judge has presented. Judge Siracuse's 30 year career as a Supreme Court judge will come to an end...

Greater Rochester Assn. for Women Attorneys offers gift certificates to lecture series.
December 17, 2004... Byline: Staff Still wondering what to get friends and colleagues for holiday gifts? You don't want to get something that seems too personal, or could be interpreted as having a romantic implication. Of course gift certificates are always...

New York State Court of Appeals lists more filings.
December 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...

NY Appellate Division remits Article 78 proceeding to lower court.
December 20, 2004... Byline: Kevin M. Momot Where the petitioners brought a CPLR article 78 proceeding after being expelled from the respondent fire company for a policy violation, the petition was improperly transferred from the lower court to the Appellate...

NY State Court of Appeals dismisses doctor's breach of contract lawsuit.
December 20, 2004... Byline: Jill Miller A doctor cannot bring a breach of contract claim for damages based on a violation of medical staff by-laws unless clear language in the by-laws creates a right to this relief. This was the finding of the New York...

Rochester law firm continues tradition of giving to community.
December 20, 2004... Byline: Staff Maxine Grubbs, a GLC onsite employee at Harter, Secrest & Emery LLP, can remember a time when community programs similar to the Community Place of Rochester, made the holidays a reality for her family. "I remember living...

NY State Division of Military and Naval Affairs sued for discrimination.
December 20, 2004... Byline: Staff Ten current and former members of the U.S. military have filed a lawsuit alleging the head of the New York State Division of Military and Naval Affairs discriminated against them because of their military service. The...

NY State Supreme Court, Erie County judges to retire.
December 20, 2004... Byline: Staff New York State Supreme Court, Erie County Judges Nelson H. Cosgrove and David J. Mahoney will retire from the bench effective Dec. 31. While the Bar Association of Erie County began an annual tradition to publicly...

NY State Supreme Court finds law firm's retainer agreement does not entitle it to attorney's fees.
December 21, 2004... Byline: Helen Nguyen Finding it was improper for a law firm to cross out a certain provision in its retainer agreement that related to a client's responsibility for legal fees associated with her case, New York State Supreme Court,...

NY State Court of Appeals affirms manslaughter conviction despite trial court error.
December 21, 2004... Byline: Jill Miller Although the trial court erred when it refused to tell a jury that under Penal Law s. 35.15(2)(a)(i) a defendant owed no duty to retreat from the home he shared with his girlfriend when he was allegedly attacked by her,...

Monroe County Bar Assn.'s Family Law Section gathers for holiday socializing.
December 21, 2004... Byline: Nora A. Jones Steve Levitsky is this year's chair of the Monroe County Bar Association's Family Law Section. He joined many of his colleagues for conversation and hors'deuvres at The Stock Exchange on Dec. 15. The annual get...

Paralegal Association of Rochester makes donation to Sojourner House, Bethany House.
December 21, 2004... Byline: Jill Miller The Paralegal Association of Rochester has made the holiday season a little brighter for residents of the Sojourner House and Bethany House. Approximately 20 volunteers spent their lunch hour on Wednesday, Dec. 15...

Rochester real estate listings drop in November.
December 21, 2004... Byline: Jill Miller The number of homes listed for sale dropped 13.1 percent in November as compared to October. According to the Greater Rochester Association of Realtors, 1,417 homes were listed on the market in November compared to...

Funds not considered to be held in trust, NY appeals court finds.
December 22, 2004... Byline: Kevin M. Momot Where the plaintiff filed mechanics' liens for money remaining due under a construction subcontract and alleged that funds received by the defendant constituted trust funds pursuant to Lien Law s. 70 that should have...

NY State Court of Appeals bar breach of architectural contract claim.
December 22, 2004... Byline: Jill Miller A breach of a provision in an architectural contract requiring plans and specifications to comply with specific building codes was governed by the three year statute of limitations for malpractice claims. This was...

Change of assignment announced in NY Supreme Court's Commercial Division.
December 22, 2004... Byline: Daily Record Staff Seventh Judicial District Administrative Judge Thomas M. VanStrydonck has announced a change in assignment of the judge presiding over the Supreme Court's Commercial Division. State Supreme Court Judge Thomas...

Speakers forum features Monroe County Family Court judges.
December 22, 2004... Byline: Nora A. Jones Each month, the six Monroe County Family Court judges meet with Family Court Supervising Judge Raymond Cornelius to discuss substantive and procedural issues. On Thursday, Dec. 16, their meeting was conducted at the...

Rochester's Fix Spindelman firm joins in The Salvation Army's Red Kettle program.
December 22, 2004... Byline: Kevin M. Momot In the spirit of the holiday season, members of Fix Spindelman Brovitz & Goldman recently volunteered their time in support of The Salvation Army's Red Kettle program. From 5 to 9 p.m. on Dec. 6 and Dec. 13,...

Women Lawyers of Western NY names Judge Ogden Woman Lawyer of the Year.
December 22, 2004... Byline: Fred Petersen On Dec. 9, the Women Lawyers of Western New York (WLWNY) presented Buffalo City Court Judge E. Jeanette Ogden with the Woman Lawyer of the Year Award at the Hyatt Regency Buffalo. Over 150 people attended the event,...

Racial discrimination claim stays alive.
December 23, 2004... Byline: Helen Nguyen In a case where the plaintiff, an African-American, alleged his employer discriminated against him on the basis of his race, the U.S. District Court for the Western District of New York denied the employer's motion for...

Defendant not given time to consult with attorney, NY State Supreme Court judge says.
December 23, 2004... Byline: Jill Miller A defendant was not afforded reasonable time to consult with his attorney or to exercise his right to testify before the grand jury. As a result, the defendant's motion to dismiss was granted on the condition that if...

Monroe Community College graduates latest class from its paralegal program.
December 23, 2004... Byline: Kevin M. Momot The Monroe Community College Paralegal Studies Certificate Program conducted its graduation ceremony on Thursday, Dec. 16 for the newest class of certified paralegals. In total, 18 candidates were recognized during...