Daily Record (Rochester, NY) articles from December 2006

Daily Record (Rochester, NY) archives from December 2006

Anticipated six thousand cases will be filed in New York related to 9/11 wrongful death suits.
December 1, 2006... Byline: New York Daily Record Staff Reprinted from The Third Branch (Vol. 38, No. 11 -- November 2006), the newsletter of the federal courts, with permission from the Administrative Office of the U.S. Courts. "The terrorist attacks of...

New computers help New York family court litigants.
December 1, 2006... Byline: New York Daily Record Staff Two new public access computers have been installed in the Erie County Family Court to assist individuals seeking to file petitions in family court visitation proceedings. Part of a statewide pilot...

Virginia Legal Briefs: December 1, 2006.
December 1, 2006... Byline: New York Daily Record Staff In the Appellate Division, Fourth Department's recent decisions, among the criminal law issues raised were a confrontation clause, jury selection, and habeas corpus relief from a conviction for depraved...

Seven nominees announced for NY State Court of Appeals vacancy.
December 4, 2006... Byline: Daily Record Staff Seven nominees have been announced by the New York State Commission on Judicial Nomination to fill the vacancy to be left by retiring Judge Albert M. Rosenblatt. Rosenblatt faces mandatory retirement on Dec. 31...

Special Report: Agribusiness.
December 4, 2006... Byline: Tara E. Buck Part One of Four This year Dale Hemminger of Hemdale Farms and Greenhouses, Seneca Castle, shipped 12,000 tons of cabbages. His 1,500-acre vegetable and grain farm, in part, also serves as support for Hemdale's...

Reception for retiring judges set for Dec. 7.
December 4, 2006... Byline: Daily Record Staff The Bar Association of Erie County will host a reception from 5:30 to 7:30 p.m. on Dec. 7 at the Hyatt Regency Buffalo in honor of retiring Supreme Court Justice John P. Lane, Supervising Judge of the Civil...

New York State Court of Appeals: Did working conditions force resignation?
December 5, 2006... Byline: Helen Nguyen The constructive discharge test is the appropriate legal standard to use in cases in which an employer attempts to enforce a non-compete clause by denying a former employee benefits based on the employee choice...

Special Report: Agribusiness: New York's wineries gaining respect.
December 5, 2006... Byline: Tara E. Buck When Scott Osborn started Fox Run Vineyards in Penn Yan in 1993, there were about 14 wineries on Seneca Lake. Today there are 42 wineries in his area, and Fox Run saw 75,000 visitors come through its doors last year....

Special Report: Agribusiness.
December 6, 2006... Byline: Tara E. Buck Part 3 of 4 Peter Maslyn, immediate past president of the Ontario County Farm Bureau, grew up on a dairy farm. When he graduated from college, he worked at a neighbor's operation before he and his wife started...

New York State Court of Appeals: Transaction fee cannot be deducted from daily wages.
December 8, 2006... Byline: Helen Nguyen A unanimous New York State Court of Appeals held that Labor Ready, Inc., a temporary employment company, violated the state's Labor Law s. 193 through its policy of deducting a transaction fee from the daily wages of...

Federal court study collects array of data.
December 8, 2006... Byline: Daily Record Staff Nationwide, the federal Judiciary occupies more than 500 buildings that contain at least one courtroom. At Congress' request, the Judiciary will document how often those courtrooms are in use, and this month...

Volunteer Lawyers Project gathers to honor its own.
December 11, 2006... Byline: Robbi Hess Begun in 1984 as a joint project of the Bar Association of Erie County (BAEC) and Neighborhood Legal Services, the Volunteer Lawyers Project (VLP) celebrated its 14th annual volunteer recognition and reception on Nov....

U.S. Court of Appeals for the Second Circuit: Convictions against Buffalo police officers upheld.
December 12, 2006... Byline: Helen Nguyen Falsifying search warrants, planting drugs on suspects, and using violent and intimidating methods against drug dealers and informants are all methods the U.S. Court of Appeals for the Second Circuit described as the...

Rochester Legal Briefs: December 12, 2006.
December 12, 2006... Byline: Helen Nguyen The following cases were recently decided by the U.S. District Court for the Western District of New York: EDUCATION LAW IDEA -- Private school tuition The Penfield Central School District is not obligated to pay for...

2006 McKnight and Boyle Awards held in Rochester.
December 13, 2006... Byline: Tara E. Buck The Volunteer Legal Services Project, The Legal Aid Society and the Monroe County Legal Assistance Center held the third annual Legal Services Awards luncheon on Dec. 8, recognizing nine recipients with various honors....

Recent poll examines public opinion of court system.
December 13, 2006... Byline: Daily Record Staff Do you think elected officials should have more control over federal judges and the decisions they make in court cases? A majority of Americans say "no." In an October poll conducted for CNN by Opinion Research...

'Daily Record' names new publications director.
December 14, 2006... Kevin M. Momot was recently named publications director of The Daily Record, assuming the overall leadership responsibilities of the newspaper and its staff. Editor since 2004, Momot has been actively involved in the day-to-day operations of...

New York seeks to clarify West Valley cleanup responsibility.
December 14, 2006... Byline: Daily Record Staff Attorney General Eliot Spitzer recently announced a suit brought by the state against the U.S. Department of Energy (DOE) seeking clarification of the responsibility for cleanup of radioactive waste at a former...

New York State Court of Appeals lists filings for Nov. 10 through 16, 2006.
December 14, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

Appellate Division Law Library New Booklist -- Fall 2006.
December 14, 2006... Arc of Justice: A Saga of Race, Civil Rights, and Murder in the Jazz Age -- Kevin Boyle, Notable Trials Library, c2006, TRIALS KF 224.S94 N68, 2006. Basic Administrative Law For Paralegals -- Third ed. by Anne Adams, New York: Aspen...

Profiles in History: Monroe Title in Rochester withstands the test of time.
December 14, 2006... Byline: Daily Record Staff This series will run periodically and features the unique histories of area companies. Today's feature highlights Monroe Title Insurance Corp., which started in 1922. Founded in 1922 as Monroe Abstract Corp., the...

Bankruptcy filings in federal courts decline in 2006.
December 15, 2006... Byline: Daily Record Staff Bankruptcy cases filed in federal courts tumbled in fiscal year 2006. According to the Administrative Office of the U.S. Courts, filings fell 37.6 percent to 1.1 million from total filings of 1.8 million in 2005....

New York State Court of Appeals lists filings for November 10 through 16, 2006.
December 15, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

Rochester Legal Briefs: December 15, 2006.
December 15, 2006... Byline: Helen Nguyen The following Social Security disability cases were recently decided by the U.S. District Court for the Western District of New York: SOCIAL SECURITY DISABILITY LAW Attorney's fees awarded The district court granted...

U.S. Court of Appeals, Second Circuit: Murder convictions upheld.
December 18, 2006... Byline: Helen Nguyen Sometimes it takes a certain amount of luck to crack a case. This is true for two murders that took place in Rochester in 1994. In a bizarre and unique set of circumstances, the Rochester Police Department was able to...

Battle over state bar exam in N.Y. continues.
December 18, 2006... Byline: Tara E. Buck New York State Bar Association President Mark H. Alcott says the five-point increase in the passing score for the state bar examination is proving detrimental to minority test-takers. "There never was any good reason...

N.Y. State COA supports Lemon Law protections.
December 18, 2006... Byline: Daily Record Staff Consumer protections in the New Car Lemon Law were recently upheld by the New York State Court of Appeals. The court rejected a challenge last Thursday brought by automobile manufacturers DaimlerChrysler, General...

DWI test inadmissible absent 'Frye' hearing, rules Webster Town Court judge.
December 19, 2006... Byline: Bruce Freeman Can the results of a Horizontal Gaze Nystagmus (HGN) test be considered in determining whether the police had probable cause to arrest for Driving While Intoxicated? Can HGN test results be admitted as evidence of...

NYSBA releases ratings for NY Court of Appeals vacancy.
December 19, 2006... Byline: Daily Record Staff The New York State Bar Association announced its ratings for the seven candidates under consideration for associate judge of the New York Court of Appeals. Governor-Elect Eliot Spitzer must make his appointment...

Greater Rochester Association of Realtors: Home sales stats reflect seasonal swing.
December 19, 2006... Byline: Daily Record Staff Year-to-date existing single-family home sales are down slightly by 2.9 percent compared to 2005, and decreased by 5.2 percent compared to last month. According to the Greater Rochester Association of Realtors,...

Multi-faceted Rochester artist behind East End Parking Garage mural.
December 20, 2006... Byline: Tara E. Buck By the time it's complete, about 70,000 two-inch square tiles will comprise a new mural on the Main Street facade of the East End Parking Garage. The non-traditional mosaic will be done by Rochester artist Jill Gussow,...

New York joins federal lawsuit against EPA.
December 20, 2006... Byline: Daily Record Staff Attorney General Eliot Spitzer recently announced the state's participation in a multi-state lawsuit against the federal government for failure to mandate lower levels of disease-causing soot or particulate...

Harter Secrest's James Moore receives international acclaim.
December 21, 2006... Byline: Tara E. Buck Globalization of the world's economies is having, and will continue to have, a profound effect on the provision of legal services, according to James C. Moore, of counsel to Harter Secrest and Emery LLP. Moore recently...

Women's Bar Assn. of the State of New York rates candidates for Court of Appeals.
December 21, 2006... Byline: Daily Record Staff The Women's Bar Association of the State of New York (WBASNY) released its ratings of the seven candidates named by the New York State Commission on Judicial Nominations to fill the Jan. 1 associate justice...

Monroe County Clerk's office still experiencing computer problems.
December 21, 2006... Byline: Daily Record Staff The Monroe County Clerk's office continues to experience problems with its computerized records management system. However, the office remains open for business and is able to accept all types of documents for...

Rochester Legal Briefs: December 21, 2006.
December 21, 2006... Byline: Helen Nguyen The following cases were recently decided by the U.S. District Court for the Western District of New York: EMPLOYMENT DISCRIMINATION Allegations of supervisor harassment -- Retaliation claim From November 2003 to...

New York State Court of Appeals lists filings for November 24-30, 2006.
December 21, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

Inviting a federal judge to a seminar?
December 22, 2006... Byline: Daily Record Staff As of Jan. 2, many non-government providers of educational programs attended by federal judges must publicly disclose certain information about their programs and their sources of funding. Program providers are...

Monroe County judge determines business disagreement didn't justify dissolution.
December 22, 2006... Byline: Bruce Freeman When does a breakdown in the relationship between business principals justify a court-ordered dissolution of a closely-held corporation or a limited liability company? Monroe County Supreme Court Judge Kenneth R....

Excellus BlueCross BlueShield and Rochester physicians reach settlement.
December 22, 2006... Byline: Daily Record Staff Excellus BlueCross BlueShield and the Rochester Community Individual Practice Association (RCIPA) on Wednesday announced a final settlement was reached in a lawsuit brought by RCIPA in 1998. The settlement is...

U.S. Dist. Court for Western District of New York: Social Security disability cases: Dec. 22, 2006.
December 22, 2006... Byline: Helen Nguyen The following Social Security disability cases were recently decided by the U.S. District Court for the Western District of New York: SOCIAL SECURITY DISABILITY Psychiatrist's report -- Case remanded The plaintiff...

New York State Court of Appeals: COA reviews New Car Lemon Law.
December 26, 2006... Byline: Helen Nguyen The worst nightmare for an owner of a new car is to discover that he or she just bought a "lemon." To protect consumers, the New York State Legislature enacted the New Car Lemon Law, which requires auto manufacturers...

New York State Court of Appeals: Defendant's Confrontation Clause claim denied.
December 28, 2006... Byline: Helen Nguyen In a domestic violence case in which the victim did not testify against the defendant, the trial court did not err in admitting a statement the victim made to a police officer in which she said the defendant attacked...

NY State and Cardinal Health settle secondary market sales allegations.
December 28, 2006... Byline: Daily Record Staff New York State recently reached an agreement with Cardinal Health Inc. to improve the safety and security of practices in the trading of prescription pharmaceuticals among wholesalers, Attorney General Eliot...

New York State Bar Association outlines 2007 legislative priorities.
December 28, 2006... Byline: Daily Record Staff The New York State Bar Association (NYSBA) on Tuesday announced the organization's priorities for the 2007 legislative session. The agenda includes six priorities and focuses on reform in a number of areas,...

City of Rochester signs agreement with Parma, Italy.
December 29, 2006... Byline: Daily Record Staff The City of Rochester and the province of Parma, Italy, entered into an agreement this week for a possible "Made in Italy" shopping center in Midtown Plaza. The project would find the plaza featuring some 150...

NY, Entercom settle payola suit.
December 29, 2006... Byline: Daily Record Staff Attorney General Eliot Spitzer on Wednesday announced the state reached a $3.5 million settlement with Entercom Communications and six of its subsidiaries to resolve allegations of pay-for-play practices in the...

ArcWorks opens new campus center.
December 29, 2006... Byline: Daily Record Staff ArcWorks, The Arc of Monroe County's vocational education program, this week began a phased move to a newly-renovated facility on Lyell Avenue. It is the first time in the organization's history that three of its...