Daily Record (Rochester, NY) articles from December 2005

Daily Record (Rochester, NY) archives from December 2005

Police had probable cause to stop and search.
December 1, 2005... Byline: Sarah M. Feingold Where the police "ran" the defendant's license plate and the information received indicated that the license plate was for a different vehicle, the police stopped the car, searched the vehicle and arrested the...

Greater Rochester Assn. for Women Attorneys to assist 'Fairy Godmothers' program.
December 1, 2005... Byline: Nora A. Jones Fairy Godmothers of Greater Rochester provided 175 high school girls with the dresses and accessories they couldn't have otherwise afforded to experience a memorable evening at the prom last spring. The local...

Reminder: Digital filing requirements for Second Circuit take effect today.
December 1, 2005... Byline: Daily Record Staff Beginning today, the U.S. Court of Appeals for the Second Circuit will require parties in counseled cases (and will encourage, but not require, pro se litigants) to submit, in addition to the 10 copies of a paper...

Monroe County Bar insurers offer members new Medicare options.
December 1, 2005... Byline: Daily Record Staff With the implementation of the new Medicare Modernization Act, the Monroe County Bar Association is working with its health insurance carriers to provide bar members and their families with Medicare Part D...

Rochester Legal Briefs: December 1, 2005.
December 1, 2005... Byline: Daily Record Staff The Appellate Division, Fourth Department's November decisions included review of family law issues, such as custody modification, child support and neglect. FAMILY LAW Adoption Is an unmarried...

U.S. Bankruptcy judge rules Chapter 7 case constituted 'substantial abuse'.
December 2, 2005... Byline: Kevin M. Momot The debtors sought the discharge of nearly $60,000 in credit card debt for the sole purpose of preparing for large, anticipated discretionary expenses of college tuition for their two children. This constituted...

Monroe County Court judge grants defendant's motion to suppress evidence.
December 2, 2005... Byline: Sarah M. Feingold Where the police obtained evidence after a detention, and the People presented no evidence for the court to determine whether the detention was valid, the defendant moved to suppress the evidence stemming from the...

Discovery requests in litigation reveal importance of e-mail archiving policies.
December 2, 2005... Byline: Nora A. Jones "Managing Risks and Compliant Solutions for E-Mail Archiving and E-Discovery" was the title of a free seminar that featured several speakers experienced in the intricacies of regulatory requirements and strategic...

Rochester Legal Briefs: December 2, 2005.
December 2, 2005... Byline: Daily Record Staff In tort cases decided by the Appellate Division, Fourth Department, the appeals court reviewed Labor Law causes of action and defamation issues. Labor Law s. 240(1) Two construction workers were at a...

Monroe County Court rules defendant's right to a speedy trial was not violated.
December 5, 2005... Byline: Sarah M. Feingold The defendant was charged with an indictment and the People adjourned the case numerous times. The defendant moved to dismiss the indictment based on an alleged violation of his speedy trial rights. Reviewing...

N.Y. State Court System proposes judicial salary increase.
December 5, 2005... Byline: Daily Record Staff New York State Chief Judge Judith S. Kaye called on the legislature and Gov. George Pataki to act on the "crisis in judicial compensation." In support of her call for action, Chief Administrative Judge...

Post-sentence civil commitments in N.Y. focus of recent CLE.
December 5, 2005... Byline: Nora A. Jones In December 1996 when the U.S. Supreme Court heard arguments in Hendricks v. Kansas, 521 US 346, Dr. J. Richard Ciccone was present as the justices questioned counsel about the civil commitment procedures the State of...

University of Buffalo law professor recalls nominee Alito.
December 5, 2005... Byline: Daily Record Staff As a Yale University law student U.S. Supreme Court justice nominee Samuel Alito was "very reserved and very insightful," according to University at Buffalo Law School Professor Lee A. Albert, who was Alito's...

Rochester City Court Judge Pfeiffer's courage acknowledged during retirement celebration.
December 6, 2005... Byline: Nora A. Jones When Rochester City Court Judge Ann E. Pfeiffer heard her first case in 1986, Deputy Sheriff Joe Amorese was assigned to security for this "first female" judge on the local court. He stuck with her through her 20...

NY County judge denies summary judgment in discrimination case.
December 6, 2005... Byline: Sarah M. Feingold The plaintiff, an Israeli Jew, alleged that she was subjected to a hostile work environment, was discriminated against and was fired for her retaliation. The defendants moved for summary judgment. Reviewing...

Bankruptcy filings in federal courts hit new record.
December 6, 2005... Byline: Daily Record Staff Bankruptcy cases filed in federal courts grew 10 percent in fiscal year 2005, according to the Administrative Office of the U.S. Courts - rising to the highest number of bankruptcies ever filed. During the...

Judge Matthew A. Rosenbaum sworn in as Supreme Court justice for Seventh Judicial District.
December 6, 2005... Byline: Sarah M. Feingold Judge Matthew A. Rosenbaum was sworn in as a Supreme Court justice for the Seventh Judicial District last Friday at the Hall of Justice. During the ceremony, Ontario County Judge Craig Doran said that he was...

New York Court of Appeals lists filings for October 21-27, 2005.
December 6, 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...

NY Supreme Couirt rules defendant's statements were admissible despite allegations of mental illness.
December 7, 2005... Byline: Sarah M. Feingold Where the defendant was charged with assault, he moved to suppress his statement he made to police. The defendant claimed that due to a mental illness, he did not knowingly waive his Miranda rights. Reviewing...

2nd Circuit Court rules non-owner may be liable for discriminatory practices under Fair Housing Act.
December 7, 2005... Byline: Daily Record Staff A defendant who was not a property owner or its agent may still be held liable under the federal Fair Housing Act for stating a discriminatory preference with respect to a housing transaction, the Second Circuit...

Monroe County Bar Assn. holds 'war story' speakers forum.
December 7, 2005... Byline: Sarah M. Feingold On Friday, Dec. 2, the Monroe County Bar Association held a speakers forum titled "Those Were the Days: Amazing War Stories and True Tales About Local Lawyers & Lawyering (a few) Years Ago." Peter Blauvelt,...

Studies show link between casino gambling, bankruptcy filings.
December 7, 2005... Byline: Daily Record Staff Although the gambling industry continues to deny any link between legalized gambling and bankruptcy filings, studies show there is a connection. Researchers at Creighton University in Omaha, NE, took a...

Abstention motion focus of federal action.
December 8, 2005... Byline: Helen Nguyen In Charter One Auto Finance Corp. v. National Vehicle Imports, LLC, d/b/a National Vehicle Imports, the plaintiff filed a lawsuit against the defendant in the U.S. District Court for the Western District of New York....

Claimant reimbursed for counterfeit $50 bill.
December 8, 2005... Byline: Sarah M. Feingold Where the claimant received a counterfeit $50 as change from the defendants' store, the claimant commenced a small claims action to recover the money. Reviewing the facts in Julius E. Dixson, Jr., v. GNC Live...

Attorneys held exempt from privacy provisions of Gramm-Leach-Bliley Act.
December 8, 2005... Byline: Daily Record Staff As a result of a lawsuit filed by the American Bar Association and the New York State Bar Association against the Federal Trade Commission (FTC), the U.S. Court of Appeals for the D.C. Circuit ruled that...

Comparison, analysis of judicial salaries from state to state.
December 8, 2005... Byline: Sarah M. Feingold On Nov. 30, New York State Chief Judge Judith S. Kaye called on the Legislature and the governor to increase judicial compensation in the state. Chief Administrative Judge Jonathan Lippman submitted a budget...

Insurance carrier was not required to indemnify defendant following accident.
December 9, 2005... Byline: Sarah M. Feingold Where the defendant was involved in an automobile accident and failed to timely notify her insurance company, the insurance company issued a disclaimer letter to the defendant. Reviewing the facts in...

Litigation yields $35M for upstate nursing homes.
December 9, 2005... Byline: Daily Record Staff Roughly half of all nursing homes north of New York City will receive Medicaid reimbursement from the state totaling some $35 million. These payments constitute reimbursement which the Appellate Division, Third...

Criminal Justice Services to expand DNA databank.
December 9, 2005... Byline: Daily Record Staff Gov. George E. Pataki announced that he has directed the Division of Criminal Justice Services to, for the first time ever, gather DNA from the broadest range of convicted criminals permitted under current law....

Federal court rules collateral estoppel bars wrongful death suit.
December 12, 2005... Byline: Helen Nguyen In a unique case where the plaintiff claimed that the drug fluoxetine - commonly known as Prozac - was largely responsible for him stabbing his wife to death, the U.S. District Court for the Western District of New...

Court finds accusatory instrument sufficient on its face.
December 12, 2005... Byline: Sarah M. Feingold Where the police, upon execution of a search warrant, discovered marijuana in the defendant's bedroom, the defendant was charged with Criminal Possession of Marijuana in the Fifth Degree and she moved to dismiss...

Erie County judge cracks down on fraudulent Internet-based company.
December 12, 2005... Byline: Daily Record Staff Craig J. Schieder of Erie County defrauded scores of consumers through a series of Internet-based businesses that sold refurbished vending machines. New York State Supreme Court, Erie County Judge John P....

Record number of patent, trademark applications in 2005.
December 12, 2005... Byline: Daily Record Staff During fiscal year 2005, the U.S. Patent and Trademark Office (USPTO) received a record number of patent and trademark applications. The agency handled 406,302 patent applications and 323,501 applications for...

UB Governance Institute moves to law school.
December 12, 2005... Byline: Daily Record Staff The Institute for Local Governance and Regional Growth will be aligned with the University at Buffalo Law School, effective immediately, in a move designed to advance the institute's mission to become one of the...

U.S. District Court for W. District of NY rules ERISA does not allow for private damages.
December 13, 2005... Byline: Helen Nguyen In a case where the plaintiff sought to amend his complaint to add a claim for restitution under the Employee Retirement Income Security Act (ERISA), the U.S. District Court for the Western District of New York denied...

NY State Supreme Court, Queens County judge orders nursing home to pay attorney's fees.
December 13, 2005... Byline: Sarah M. Feingold Where a 94-year-old man was kept in a nursing home against his will, his daughter commenced a guardianship proceeding pursuant to Article 81 for the appointment of a guardian. Reviewing the facts in Matter of...

NY State Commission on Judicial Conduct censures Gates Town Court judge.
December 13, 2005... Byline: Daily Record Staff In a determination dated Nov. 18, the New York State Commission on Judicial Conduct disciplined Gates Town Court John J. Pisaturo in connection with the administration of excessive fines in hundreds of traffic...

Harris Poll reveals governmental knowledge of many Americans.
December 13, 2005... Byline: Daily Record Staff A Harris Poll recently conducted for the American Bar Association revealed that civic knowledge may not be the strong suit of many Americans. In response to the question, "What are the three branches of...

U.S. Court, N.Y., Western Dist. denies motion to suppress gun found during search of defendant's lug.
December 14, 2005... Byline: Helen Nguyen Concluding that the search of the defendant's luggage at the airport did not violate the defendant's rights under the Fourth Amendment, the U.S. District Court for the Western District of New York denied his motion to...

N.Y. State Continuing Legal Education Board revises regulations and guidelines.
December 14, 2005... Byline: Sarah M. Feingold Last month, the New York State Continuing Legal Education (CLE) Board revised its regulations and guidelines. The revisions include new regulations concerning applications for accreditation and CLE publication...

Greater Rochester Assn. for Women Attorneys holiday party includes charitable theme.
December 14, 2005... Byline: Nora A. Jones In conjunction with their Dec. 8 Holiday Party, members of the Greater Rochester Association for Women Attorneys donated formal dresses, evening bags, shoes and jewelry as part of a charitable project to benefit Fairy...

N.Y. State Supreme Court, N.Y. County rules defendants entitled to certain documents in patent dispu.
December 14, 2005... Byline: Sarah M. Feingold Where the plaintiffs settled a patent infringement case, the plaintiffs sought indemnification for costs incurred in defending and settling the case. The defendants requested the production of certain documents...

Retiring judges honored by Erie County Bar Association.
December 14, 2005... Byline: Robbi Hess The grand ballroom at Shanghai Red's was filled to overflowing in recognition of the upcoming retirement of Judges Mario J. Rossetti and Ronald H. Tills on Dec. 7. Both Judges Rossetti and Tills are serving as acting...

Plaintiff's request to rescind loan denied by bankruptcy court.
December 15, 2005... Byline: Sarah M. Feingold Where the debtors had two loans, they wanted to rescind their loans and commenced an adversary proceeding to enforce those rights of rescission. Reviewing the facts in In re Eugene T. & Doris J. Merriam v....

CLE requirements for newly admitted attorneys in New York.
December 15, 2005... Byline: Sarah M. Feingold According to the New York State Unified Court System, a "newly admitted attorney," an attorney admitted to the New York State Bar for two years or less, has specific continuing legal education (CLE) requirements....

NY State Assembly to act on sex offender legislation.
December 15, 2005... Byline: Daily Record Staff The New York State Assembly will act at the beginning of the new legislative session on The Child Safety and Sexual Predator Punishment and Confinement Strategy, designed to protect the public from sexual...

Satellite provider DirecTV settles multi-state investigation.
December 15, 2005... Byline: Daily Record Staff New York State Attorney General Eliot Spitzer announced that New York has joined 21 states to settle a multi-state investigation into DIRECTV's marketing and advertising practices. In settling the...

Monroe County Bar Assn.'s Family Law Section enjoys holiday party.
December 16, 2005... Byline: Nora A. Jones New York State Supreme Court Judge Raymond Cornelius was among the early arrivals for the Monroe County Bar Association's Family Law Section Holiday Party on Tuesday, Dec. 13. Judge Cornelius is the Supervising Judge...

NY State Supreme Court, NY County judge rules ex-prisoners deprived on due process rights.
December 16, 2005... Byline: Sarah M. Feingold Where 12 ex-prisoners were transferred to a psychiatric hospital at the conclusion of their terms of imprisonment, the petitioners argued that the transfer violated their due process rights. Reviewing the...

.S. Bankruptcy Code and Rules Booklet now available at Bar Assn. of Erie County.
December 16, 2005... Byline: Daily Record Staff The U.S. Bankruptcy Code & Rules Booklet, special edition, with the New Bankruptcy Code plus the New Interim Bankruptcy Rules in "black line" format, is available through the Bar Association of Erie County. ...

NY governor announces $16.6 million in technology, science awards.
December 16, 2005... Byline: Daily Record Staff Gov. George E. Pataki announced that New York State is providing more than $16.6 million in grants to 12 universities to enable the institutions to attract and retain world-class scientists to the state, as well...

Univ. of Buffalo's Research Institute on Addictions hopes to improve alcoholism treatment.
December 16, 2005... Byline: Daily Record Staff Early in 2006, researchers at the University at Buffalo's Research Institute on Addictions (RIA) will be going into the field with a study designed to translate alcoholism research findings into the "real world"...

Webster Town Court judge admits breath test foundation documents.
December 19, 2005... Byline: Sarah M. Feingold Where the defendant was charged with speeding and Driving While Intoxicated, the court admitted breath test foundation documents. The defendant argued that the admission of these documents violated his right to...

U.S. District court for W. District of NY dismisses plaintiffs' overtime FLSA claims.
December 19, 2005... Byline: Helen Nguyen In a case where the plaintiffs, who worked as newspaper district sales managers, asserted they were entitled to overtime pay, the U.S. District Court for the Western District of New York ruled to dismiss their Fair...

Proposed legislative reform of NY's matrimonial law sparks discussion during CLE seminar.
December 19, 2005... Byline: Nora A. Jones Jill Goodman, counsel for the New York State Judicial Committee on Women in the Courts, was the guest speaker at a continuing legal education program hosted by the Seventh Judicial District Gender Fairness Committee...

American Bar Association calls on Congress to reject current border control bill.
December 19, 2005... Byline: Daily Record Staff In a letter to members of the House of Representatives, the American Bar Association is warning that several provisions in an immigration bill expected to reach a House vote by week's end "may have serious, even...

NY State Supreme Court judge rules plaintiff's injuries were not 'casually related' to accident.
December 19, 2005... Byline: Kevin M. Momot Where the plaintiff commenced an action alleging that she sustained a "serious injury," under Insurance Law s. 5102(d), as a result of an automobile accident, evidence was not sufficient to prove the plaintiff's...

Microsoft Corp. names two Buffalo residents in piracy litigation.
December 19, 2005... Byline: Daily Record Staff Last week, Microsoft Corp. filed 10 lawsuits against companies for allegedly pirating software and against certain individuals for allegedly selling not-for-resale software to unsuspecting purchasers. Seven...

U.S. District Court for W. District of NY reduces attorneys' fees in ERISA action.
December 20, 2005... Byline: Helen Nguyen In an ERISA (Employee Retirement Income Security Act) case where the plaintiffs requested attorneys' fees in the amount of $10,332.50 based on the defendant's failure to make contributions to an employer benefit fund,...

Plattsburgh City Court judge rules landlord not entitled to past rent, late charges.
December 20, 2005... Byline: Sarah M. Feingold Where the defendants leased property from the plaintiff and the defendants remained in the apartment after the expiration of the lease, without paying, the plaintiff sued for past rent and late fees. Reviewing...

Monroe County Bar Assn.'s Trusts & Estates Section gathers for holidays.
December 20, 2005... Byline: Nora A. Jones Speeches were kept to a minimum at the annual holiday gathering of the Monroe County Bar Association's Trusts & Estates Section on Thursday, Dec. 15. The lunchtime event was held at The Inn On Broadway, and included...

Paralegal Assn. of Rochester luncheon provides opportunity to support troops.
December 20, 2005... Byline: Sarah M. Feingold On Thursday, Dec. 15, the Paralegal Association of Rochester (PAR) held its annual holiday luncheon at Pazzo Cucina. Approximately 15 people attended the event. At the luncheon, PAR accepted donations to be...

Greater Rochester Association of Realtors: Year-to-date average sale price up in November.
December 20, 2005... Byline: Sarah M. Feingold According to the Greater Rochester Association of Realtors, year-to-date existing single-family home sales are up 3.5 percent compared to 2004, and are down 5.9 percent compared to last month. The average sale...

Monroe County Bar Assn. Bench and Bar Party competes with winter storm.
December 21, 2005... Byline: Nora A. Jones Freezing rain and predictions of worse weather to come interfered with some people's plans to attend the annual Bench and Bar Holiday Party hosted by the Monroe County Bar Association on Thursday evening, Dec. 15....

N.Y. State Court of Appeals denies motion to vacate based on ineffective counsel.
December 21, 2005... Byline: Sarah M. Feingold Where the defendant was convicted of Murder in the Second Degree, Assault in the Second Degree and Attempted Robbery in the First Degree, he appealed this judgment and the Fourth Department affirmed. The...

News reporter's employment discrimination claims dismissed due to lack of evidence.
December 22, 2005... Byline: Helen Nguyen Concluding there was insufficient evidence to support a television news reporter's claims that the news station she worked for discriminated against her when it removed her from her anchor position, the U.S. District...

Police observations provide probable cause to arrest.
December 22, 2005... Byline: Sarah M. Feingold Where a police officer observed a moped driving at night without headlights, heard a gunshot and saw the moped speed off, the officer apprehended the defendants - the moped's driver and passenger. The defendants...

Judge Larimer hosts annual holiday celebration.
December 22, 2005... Byline: Sarah M. Feingold U.S. District Court Judge David G. Larimer hosted an annual holiday gathering in his courtroom on Friday, Dec. 16. Every year Judge Larimer uses this party to thank court staff, building security and attorneys...

New York State Court of Appeals lists filings for November 4-10, 2005.
December 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...

Statistics show New York State crime reduction.
December 22, 2005... Byline: Daily Record Staff Gov. George E. Pataki announced that in the first six months of 2005, crime continued to drop to historic lows in New York State. Preliminary crime statistics released by the Federal Bureau of Investigation,...

Claims against City of Rochester dismissed.
December 23, 2005... Byline: Helen Nguyen In Ersin Yaman v. Louis S. D'Angelo, et al., the plaintiff challenged the constitutionality of Chapter 96 of the City of Rochester Municipal Code, which requires a person dealing in secondhand jewelry to obtain a...

Bifurcation warranted in matrimonial action, subject to certain conditions.
December 23, 2005... Byline: Sarah M. Feingold Where the plaintiff commenced a matrimonial action with disputed issues concerning the distribution of marital property, the defendant opposed bifurcation. Reviewing the facts in Barbara Hannigan v. Thomas...

Nixon Peabody staff donates to Alternatives for Battered Women.
December 23, 2005... Byline: Kevin M. Momot Continuing in its tradition of helping those in need, the secretarial staff at Nixon Peabody recently presented Alternatives for Battered Women (ABW) with a supply of everyday items to be used by shelter residents....

Woods Oviatt presents annual holiday gifts to four local organizations.
December 23, 2005... Byline: Daily Record Staff In the spirit of the season, Woods Oviatt Gilman LLP recently presented its annual holiday donation of $2,500 each to four local organizations: Catholic Charities of Rochester; the Center for Youth; the Sojourner...

Clyde E. Bailey remembered by Rochester legal community.
December 23, 2005... Byline: Sarah M. Feingold On Monday, Dec. 12, former patent counsel for Eastman Kodak Co. and the National Bar Association's (NBA) 61st president, Clyde E. Bailey, passed away. Bailey worked toward increasing the representation of...

Defendants' DWI charges upheld by Rochester City Court judge.
December 27, 2005... Byline: Sarah M. Feingold Where the defendants were charged with Driving While Intoxicated (DWI) and the New York State Police issued computer generated simplified informations (e-tickets), rather than handwritten tickets, the defendants...

Recap of 7th Judicial District attorneys, judges featured in "Beyond the Office" this year.
December 27, 2005... Byline: Nora A. Jones From the Seventh Judicial District, several attorneys and two judges were featured in our "Beyond the Office" columns throughout the year. In profiles complete with pictures, we caught a glimpse of the many...

New York State Court of Appeals lists filings for November 4-10, 2005.
December 27, 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. District Court, N.Y. Western District dismisses church's claims under RLUIPA.
December 28, 2005... Byline: Helen Nguyen In Faith Temple Church v. Town of Brighton, et al., the church alleged that the town of Brighton violated its rights when the town initiated eminent domain proceedings with regard to certain property that the church...

N.Y. State Supreme Court denies summary judgment in breach of contract case.
December 28, 2005... Byline: Sarah M. Feingold Where the plaintiff purchased a used manufactured home and alleged that it was defective, she initiated numerous causes of action regarding breach of contract. The defendants sought summary judgment dismissing...

Monroe County Bar Assn.'s Bankruptcy Committeer relaxes during recent holiday lunch.
December 28, 2005... Byline: Nora A. Jones It's been a scramble this year as debtors attempted to beat the October deadline before amendments to the Bankruptcy Code were implemented, potentially affecting their chance of "starting over" financially. And, it...

Monroe County Bar president moves to Hiscock & Barclay, LLP.
December 28, 2005... Byline: Sarah M. Feingold On Dec. 15, Monroe County Bar Association President James S. Grossman moved from his solo practice to Hiscock & Barclay, LLP. Grossman has been practicing in the real property tax field since 1975. He decided...

N.Y. State Court of Appeals lists more November filings.
December 28, 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...

Erie County attorneys show talents in sports, on stage, and under water.
December 28, 2005... Byline: Nora A. Jones In 2005, nine Buffalo area attorneys shared their stories about the activities they enjoy beyond office hours. The range of talent is truly inspiring, especially when coupled with the achievements of these individuals...