Daily Record (Rochester, NY) articles from December 2007

Daily Record (Rochester, NY) archives from December 2007

Suit against Town of Henrietta reinstated.
December 1, 2007... Byline: Elizabeth Stull A federal appeals court earlier this month reinstated a lawsuit against the Town of Henrietta after finding the decision to shut down a dance club there could have been based on "racial animus." Unless there is a...

Commentary: Feel free to stop and smell the roses.
December 1, 2007... Byline: Nicole Black Assistant public defenders across the state likely breathed a collective sigh of relief upon learning that police officers could no longer use Penal Law s. 240.20(5) to justify the stop and arrest of a citizen engaging...

RE/MAX agents form new company.
December 4, 2007... Byline: Danielle Derringer John Antetomaso, RE/MAX real estate agent and president of the Greater Rochester Association of Realtors has formed, with seven other partners, a new kind of real estate company that brings agents from different...

Rochester City Council breaks with mayor on ambulance service.
December 4, 2007... Byline: Elizabeth Stull For the first time in more than 20 years, the Rochester City Council has announced it will not support the mayor's recommendation for an ambulance company. The company is threatening to sue if it loses the...

Sentry Group hires Karen Dworaczyk as senior product manager at co.'s Rochester headquarters.
December 4, 2007... Byline: Daily Record Staff Report Sentry Group hired Karen Dworaczyk as senior product manager at the company's headquarters in Rochester. She is responsible for launching and supporting the new and existing gun and security safe product...

Western New York on the move.
December 4, 2007... Sentry Group hired Karen Dworaczyk as senior product manager at the company's headquarters in Rochester. She is responsible for launching and supporting the new and existing gun and security safe product lines. The Rivers Organization hired...

Rivers Organization hires two administrative assistants for associations.
December 4, 2007... Byline: Daily Record Staff The Rivers Organization hired Melissa Boufford and Kristin Nilsen-Rice as administrative assistants for associations. Boufford works primarily with Canal NY, Canal Conference, and building owners and managers....

Joan Greeno receives Sales Master Award for 2006-2007 from Greater Rochester Assn. of Realtors.
December 4, 2007... Byline: Daily Record Staff Nothnagle Realtors announced Joan Greeno was presented the Sales Master Award for 2006-2007 from the Greater Rochester Association of Realtors (GRAR) at their annual awards celebration. The award is given to...

Canandaigua National Bank and Trust hires Elliott Glover and promotes Adam Smith.
December 4, 2007... Byline: Daily Record Staff Canandaigua National Bank and Trust hired Elliott Glover and promoted Adam Smith. Glover was hired as a mortgage consultant. Smith was promoted to mortgage consultant.

Rochester Philharmonic Orchestra promotes Sara Niemeyer and Janice Hanson.
December 4, 2007... Byline: Daily Record Staff Philharmonic Orchestra promoted Sara Niemeyer and Janice Hanson. Niemeyer, manager of major gifts and donor relations was appointed to interim director of development during the search for a permanent replacement...

N.Y. State Insurance superintendent sends medical treatment guidelines to Workers' Comp. Board.
December 5, 2007... Byline: Daily Record Staff New York State Insurance Superintendent Eric sent the state's first ever medical treatment guidelines, drafted as a result of the 2007 Workers' Compensation Reform Act, to the Workers' Compensation Board this...

Commentary: A red tag sale on muni bond funds.(Company rankings)
December 5, 2007... Byline: George W. Karpus Municipal bond funds are ordinarily a rather boring asset class -- nice for those in the higher income tax brackets, but usually below average to average when ranked by performance to other asset classes. For a...

Commentary: Separating myth from fact: Credit scores' mystery explained.
December 5, 2007... Byline: Michael Swanson There are myths about credit scores that are not helping you as the consumer. A low credit score can effect how much you pay for credit and how much credit you can obtain. It is important to check your credit for...

Monroe County Family Court Judge O'Connor at a bend in the road.
December 6, 2007... Byline: Elizabeth Stull Monroe County Family Court Judge Marilyn O'Connor always forged her own path, and often goes out on a limb for what she thinks is right. The popular judge is semi-famous locally as the mother of Oscar-winner...

New York state's judiciary's budget request highlights salary freeze.
December 6, 2007... Byline: Elizabeth Stull The state's Chief Judge Judith S. Kaye recently announced a budget request of $2.27 billion for fiscal 2008-2009, which includes $143 million for a judicial salary increase retroactive to April 1, 2005. Chief...

Ringler joins New York-based HB Solutions Corporate Strategy Team.
December 6, 2007... Byline: Tara E. Buck Kenneth J. Ringler, former executive director of the Port Authority of New York and New Jersey and former commissioner of the New York State Office of General Services, recently joined the Corporate Strategy Team of HB...

Commentary: Did a father breach his fiduciary duty?
December 6, 2007... Byline: Heidi Feinberg In estates practice, establishing a testamentary trust for a minor child with a parent designated as trustee is common, if not an everyday occurrence. However, the New York State Court of Appeals recently held, in...

Rochester mayor speaks at NAWIC event.
December 7, 2007... Byline: Danielle Derringer Rochester Mayor Robert J. Duffy addressed the Greater Rochester chapter of the National Association of Women in Construction (NAWIC) on Wednesday night and said the key to the city's future success is renewing...

Laurence Glazer receives award from Rochester commercial realtors association.
December 7, 2007... Byline: Tara E. Buck Laurence C. Glazer, CEO of Buckingham Properties, recently received the Lifetime Achievement Award from the Rochester Area Chapter of the New York State Commercial Association of Realtors (RAC-NYSCAR). The award was...

Commentary: Investments: Thinking about timberland.
December 7, 2007... Byline: Shelby L. Cates Timberland is defined as land that can be used to grow timber of merchantable quality and quantity and where timber production is not barred by legal or regulatory rules. About two-thirds of the nation's forests --...

Commentary: Did the Fourth Dept. pile on attorney James Moran?
December 7, 2007... Byline: Scott Forsyth You are a savvy attorney who maintains a Web site. You devote a page to "Hot Topics." Your local newspaper publishes a front-page article revealing that a competing firm is being investigated for possible ethical...

University of Rochester announces aid for city school students.
December 7, 2007... Byline: Tara E. Buck Graduates of Rochester public high schools who enroll at the University of Rochester could receive up to $100,000 over four years to cover tuition costs under a new plan, unveiled this week, designed to expand higher...

Commentary: Let the bidding begin.
December 8, 2007... Byline: Martha Buyer Every once in a while, when a group of consumers yells loudly enough, an entity not only hears, but responds. That's exactly what has happened in the world of American wireless telephony in the past month. First,...

Commentary: I'll need to see your papers, ma'am.
December 8, 2007... Byline: Nicole Black "Once the exact identity or some demographics or other characteristics of the person have been determined, the person tracking unit relies on this information to track the person as the person moves through the roaming...

Commentary: Withdrawals from 401(k) plans shouldn't be so easy.
December 8, 2007... Byline: Manuel Marques With the expansion of 401(k) plans in recent years as the retirement savings vehicle of choice, the bulk of retirement planning and savings responsibility has shifted from employers to plan participants. This change...

Commentary: Is there a local solution to the global climate change problem?
December 8, 2007... Byline: Ronald G. Hull Regardless as to whether you accept the science that global warming is a consequence of human activity, there is no denying climate change has emerged as the preeminent environmental issue of the 21st century. What...

New York State Chief Judge Kaye speaks with Rochester radio host.
December 11, 2007... Byline: Elizabeth Stull New York State Chief Judge Judith S. Kaye is looking for one more holiday miracle. On Sunday morning she told Rochester attorney Bob Brenna Jr. on his WHAM 1180 radio show -- the Brenna & Brenna Law Forum -- she...

SWBR Architects announced Jennifer LaChance recently earned her architectural license from the State.
December 11, 2007... Byline: Daily Record Staff Report SWBR Architects announced Jennifer LaChance recently earned her architectural license from the State of New York. She will continue in her design responsibilities at the firm and moves to the position of...

New York-based EPIC Advisors, Inc. hires Smita Gupta and Zachary Brooks.
December 11, 2007... Byline: Daily Record Staff Report EPIC Advisors, Inc. hired Smita Gupta and Zachary Brooks. Gupta was hired in the company's information systems and technology department as a systems administrator. She is responsible for database design...

Steve Berardi appointed to N.Y. State Society of CPA's construction contractors committee.
December 11, 2007... Byline: Daily Record Staff Report Mengel, Metzger, Barr & Co. LLP announced Steve Berardi, senior manager in the assurance practice group, was appointed to the New York State Society of Certified Public Accountants' construction...

Providence Housing Development Corp. adds three to its board of directors.
December 11, 2007... Byline: Daily Record Staff Report Providence Housing Development Corp. announced the addition of Lloyd R. Theiss, Evan T. Green and Lisa M. Passero to the 2007-2008 board of directors.

St. James Mercy Health System hires Martha E. Tymeson, M.D. and Sukhwinder Singh, M.D.
December 11, 2007... Byline: Daily Record Staff Report St. James Mercy Health System hired Martha E. Tymeson, M.D. and Sukhwinder Singh, M.D. Tymeson was hired as chief of psychiatric services. Singh was hired as a medical staff member in the adult psychiatric...

ABVI-Goodwill Industries of Greater Rochester, Inc. hires Shane Bertou.
December 11, 2007... Byline: Daily Record Staff Report The Association for the Blind and Visually Impaired (ABVI)-Goodwill Industries of Greater Rochester, Inc. hired Shane Bertou to its marketing and community relations department. He is responsible for...

Xerox Corp. names Doug Lord president of Xerox's U.S. Solutions Group.
December 11, 2007... Byline: Daily Record Staff Report Xerox Corp. named Doug Lord president of Xerox's U.S. Solutions Group. Lord was previously head of Xerox Canada and has moved to the U.S. to lead Xerox's direct sales force, which markets and sells...

Miriam Sindoni awarded Graduate Realtor Institute designation by N.Y. State Realtor Institute.
December 11, 2007... Byline: Daily Record Staff Report Realty USA announced Miriam Sindoni was awarded the Graduate Realtor Institute (GRI) designation by the New York State Realtor Institute. Miriam received the honor after successfully completing 90 hours of...

ESL Federal Credit Union promotes Jennifer L. Brattain to Internet Center manager.
December 11, 2007... Byline: Daily Record Staff Report ESL Federal Credit Union promoted Jennifer L. Brattain to Internet Center manager. She will be responsible for managing and overseeing ESL's Online Member Service and Internet Help Desk. Her duties also...

Commentary: Understanding the NYSE makeover.
December 12, 2007... Byline: Mitchell Thomas The New York Stock Exchange is long on history and short on capturing business. About five years ago I suggested that the deterioration of the current system of processing trade executions was antiquated and labor...

News Briefs.
December 12, 2007... Byline: Tara E. Buck Judson Honored The Rochester Public Library presented its 2007 Harold Hacker Library Lifetime Achievement Award to Elisabeth W. Judson during the annual Publisher's Circle Thank You Dinner held on Nov. 13. Judson began...

Rochester Legal Briefs: December 12, 2007.
December 12, 2007... Byline: New York Daily Record Staff In Fourth Department decisions, among the issues raised were whether a defect in the waiver of indictment process was jurisdictionally defective and could be raised on appeal. The Appellate Division also...

Rochester Public Library awards Judson with its '07 Harold Hacker Library Lifetime Achievement Award.
December 12, 2007... Byline: Tara E. Buck The Rochester Public Library presented its 2007 Harold Hacker Library Lifetime Achievement Award to Elisabeth W. Judson during the annual Publisher's Circle Thank You Dinner held on Nov. 13. Judson began her service to...

New York Gov. Eliot Spitzer announces the creation of a Smart Growth Cabinet.
December 12, 2007... Byline: Tara E. Buck Gov. Eliot Spitzer recently announced the creation of a Smart Growth Cabinet, which will review state agency spending and policies to determine how best to discourage sprawl and promote smart land use policies. The...

New York community organizations receive $3M in grants to reduce home heating costs.
December 12, 2007... Byline: New York Daily Record Staff More than $3 million in energy conservation grants will be given to community organizations throughout New York State for weatherization projects designed to reduce heating costs for more than 1,400...

Rochester's public defender selection process criticized.
December 13, 2007... Byline: Elizabeth Stull As the Monroe County Legislature focused on passing the 2008 budget on Tuesday night, a quiet storm brewing over the selection process for the next public defender came to a head. Three weeks ago, legislative...

Reactions mixed on White House mortgage rate freeze.
December 13, 2007... Byline: Danielle Derringer Many area real estate experts are skeptical that President George W. Bush's widely lauded mortgage rate freeze will do much to help those in the most dire straits. The Bush administration announced late last week...

Commentary: 2007 year-end tax planning tips.
December 14, 2007... Byline: Kevin McPherson Income taxes are probably one of your largest annual expenditures. So, just as you shop around for the best price for a car, you should consider opportunities to reduce or defer the annual tax bill. Even though 2007...

New York Bar Foundation seeks minority fellowship applicants.
December 14, 2007... Byline: Tara E. Buck The New York Bar Foundation is now accepting applications for the 2008 Commercial and Federal Litigation Section Minority Fellowship. The $5,000 award will be presented to a first-year minority law student working in...

Rochester Legal Briefs: December 14, 2007.
December 14, 2007... Byline: Daily Record Staff Report Fourth Department decisions addressed the propriety of granting summary judgment. Summary judgment -- Discovery A Rochester corporation sued three of its former employees for diversion of a contract...

Class action suit raises labor law issues in New York.
December 15, 2007... Byline: Elizabeth Stull A federal class action lawsuit filed last week in the Western District of New York challenges the employment policies of a regional package delivery service that relies heavily on independent contractors. The...

Commentary: Lawyers behaving badly.
December 15, 2007... Byline: Nicole Black "It's important to remember that feminism is no longer a group of organizations or leaders. It's the expectations that parents have for their daughters, and their sons, too. It's the way we talk about and treat one...

Commentary: Many baby boomers caught short-handed in switch to 401(k).
December 15, 2007... Byline: Robert F. Judd It seems like only yesterday. Ronald Reagan was president. The Dow Jones Industrual Average was under 1,000. A first class stamp cost 15 cents (which grew to 20 cents before the end of the year) and the federal debt...

Real Estate Spotlight: Lisa Huson, broker/owner of Brightskye Associates Inc.
December 18, 2007... Byline: Danielle Derringer Lisa Huson, broker/owner of Brightskye Associates Inc. starts every day with a morning run, but is never without her cell phone in case clients need her. Husen has been involved in the real estate industry for...

Controversy continues over Monroe County Legislature's public defender selection process.
December 18, 2007... Byline: Elizabeth Stull Bar leaders said at a press conference Friday, "It's like deja vu all over again," as they explained why they withdrew support for the public defender selection process initiated by Monroe County Legislature...

Harris Beach law firm awards diversity scholarships.
December 18, 2007... Byline: Tara E. Buck Two second-year law students will receive diversity scholarships from Harris Beach PLLC, the law firm announced on Monday. Henderson O. Brathwaite II of Brooklyn, who is attending SUNY at Buffalo School of Law and...

Greater Rochester Association of Realtors: Home sales down in November, sale price increases.
December 18, 2007... Byline: Daily Record Staff Existing single-family home sales are down by 10.5 percent compared to last month, according to the Greater Rochester Association of Realtors (GRAR). The number of homes listed for sale decreased by 31.6 percent...

Commentary: Purchase 'your name here,' among the stars.
December 18, 2007... Byline: David J. Kozlowski Sandwiched between "Jingle Bell Rock" and "Deck the Halls," hidden within a block of commercials, an ad played for the International Star Registry. Playing on people's predilection for giving gifts, it advised...

Nixon Peabody partner named member of the year by Swedish-American Chamber of Commerce, N.Y.
December 18, 2007... Byline: Daily Record Staff Nixon Peabody announced Staffan Lundback, a partner at the firm, was named member of the year by the Swedish-American Chamber of Commerce, New York. Lundback was selected by the chamber's board of directors in...

Sentry Group Rochester promotes Michael Norris.
December 18, 2007... Byline: Daily Record Staff Sentry Group promoted Michael Norris to general counsel and vice president of human resources at the company's headquarters in Rochester effective Jan. 1. He presently serves as general counsel and, in his new...

SWBR Architects in Rochester hires Daniel Dwyer and Gregory Doskos.
December 18, 2007... Byline: Daily Record Staff SWBR Architects hired Daniel Dwyer and Gregory Doskos. Dwyer was appointed project manager and project architect. He is responsible for overall supervision of projects to assure design quality and successful...

Realty USA announces David D. Weitzel now a licensed associate broker in New York State.
December 18, 2007... Byline: Daily Record Staff Realty USA announced David D. Weitzel is now a licensed associate broker in New York State. He works out of the Amherst/Clarence office.

Cooper/Haims, Crouse and Yawman partner named to advisory customer council for Intuit Inc.
December 18, 2007... Byline: Daily Record Staff Cooper/Haims, Crouse and Yawman LLC announced Alan Crouse, CPA and managing partner, was named to the 17-member Accountant and Advisor Customer Council for Intuit Inc., a leading provider of business and...

Rochester's Olean/Kennedy revitalization project to start third phase.
December 19, 2007... Byline: Danielle Derringer After the success of the first two phases of the Olean/Kennedy revitalization project, Providence Housing Development Corp. is slated to break ground on a third phase in January. Although the first two phases had...

Commentary: 401K plans: Are you doing the right thing?
December 19, 2007... Byline: George W. Karpus Do you really care about the best interest of your employees? Is it important to increase the participation in your 401k plan? To cut plan cost (potentially) in half? To substantially increase the amount of monies...

News Briefs.
December 19, 2007... Byline: Tara E. Buck Wippman Heading To University Of Minnesota David Wippman, vice provost for international relations at Cornell University, will be leaving to accept a position as dean of the University of Minnesota Law School....

Commentary: Some help for researching law and religion issues.
December 19, 2007... Byline: Marie Calvaruso On any given day, news headlines illustrate the interaction of political and social issues with law and religion. We examine political candidates' faith, the refusal of medical treatment because of religious...

David Wippman to leave Cornell University for the University of Minnesota Law School.
December 19, 2007... Byline: Tara E. Buck David Wippman, vice provost for international relations at Cornell University, will be leaving to accept a position as dean of the University of Minnesota Law School. Wippman's appointment begins July 1, 2008, pending...

Albany-based Heslin Rothenberg Farley & Mesiti PC publishes first Clean Energy Patent Growth Index.
December 19, 2007... Byline: Tara E. Buck Heslin Rothenberg Farley & Mesiti PC, an intellectual property firm based in Albany, recently published the first Clean Energy Patent Growth Index by the firm's Cleantech Group. CEPGI is designed to track the granting...

Women and Baby Boomers take center stage at Rochester-based Allison Home Inc.
December 20, 2007... Byline: Danielle Derringer Allison Homes Inc. of Spencerport is forging a unique path in home building, gearing designs specifically toward the needs of women and baby boomer clients. Allison President Jack R. Hassall Jr. said recently...

Retroactive changes in crack sentences means more work for the courts.
December 20, 2007... Byline: Elizabeth Stull A recent decision handed down by the U.S. Sentencing Commission eases crack cocaine sentences retroactively, but also means some additional work for the courts. The decision and sentencing changes are unlikely to...

Buffalo gynecologist's license revoked.
December 20, 2007... Byline: Tara E. Buck The State Board for Professional Medical Conduct last week revoked the license of Buffalo-area gynecologist Ivan A. D'Souza, permanently prohibiting him from practicing medicine in New York State. The board determined...

Commentary: What a difference a year makes!
December 20, 2007... Byline: Kevin Williams Wow, what a difference a year makes! In the wake of Sunday's winter storm, which deposited more than a foot of snow in northern parts of Western New York, Rochester has now received 34 inches of snow this month....

Commentary: Considering the disinterested lawyer's perspective.
December 20, 2007... Byline: Mary Jo Korona Every lawyer in private practice strives for, and is engaged in, the quest for clients. Lawyers who succeed in the quest at some point will deal with conflict issues that are the by-product of representation of...

Commentary: Year-end tax review: Rentals, real estate sales and gifts.
December 21, 2007... Byline: Raymond J. Jacobi Rental real estate For real estate professionals, losses from rental real estate activities are not subject to the passive loss rules if, during a tax year, more than 50 percent of the taxpayer's personal services...

Harley School receives $10M?in tax exempt bond.
December 21, 2007... Byline: Tara E. Buck The County of Monroe Industrial Development Agency recently approved a slew of incentives for area economic development projects, including $10 million in tax exempt city facility bonds for The Harley School, a 501(c)3...

Commentary: Don't believe the hype.
December 22, 2007... Byline: Nicole Black "Two roads diverged in a wood, and I -- I took the one less traveled by, And that has made all the difference." -- Robert Frost, "The Road Not Taken" In a Dec. 13 Legal Times article entitled "Obama's Road Not...

Commentary: Is your complaint policy user friendly?
December 22, 2007... Byline: Lindy Korn A defendant in a sexual harassment case has the burden of proving it has established and implemented an effective complaint machinery, as it is an affirmative defense. Query: What is an effective complaint mechanism?...

Commentary: Child custody 101:?The conscientious attorney's role.
December 22, 2007... Byline: Lewis J. Heisman Whether it is a divorce action or a situation involving unwed parents, the outcome of a child custody dispute should be fair, practical, and comprehensive. The court's test in determining issues concerning...

Commentary: Retirement plan records retention -- Save what? For how long?
December 22, 2007... Byline: Jean M. Dailey The Employee Retirement Income Security Act (ERISA) has specific reporting and disclosure requirements for qualified retirement plans. ERISA also requires plans sponsors to retain records that support information...

Commentary: Lower value homes key to recession in 2008?
December 22, 2007... Byline: Kevin B. Murray Earlier this year, the key macro debate among economists concerned whether the United States economy would experience a soft or hard landing in 2008. A soft landing would indicate a gradual slowing of the rate of...

Minority Bar Assn. of Western N.Y. selects 2008 officers.
December 22, 2007... Byline: Daily Record Staff Minority Bar Assn. of Western N.Y. selects 2008 officers The Minority Bar Association of Western New York has announced the newly elected officers and directors of its 2008 Executive Board, whose terms will begin...

Rochester Government Briefs: December 24, 2007.
December 24, 2007... Byline: Daily Record Staff Spitzer announces financing for affordable housing Gov. Eliot Spitzer announced last week that more than 800 affordable housing units will be constructed or renovated across the state through the financing of...

Commentary: International custody disputes in family law.
December 27, 2007... Byline: Sara Stout Ashcraft As all family law practitioners know, custody disputes tend to be some of the most rancorous proceedings with which we are involved. Interstate custody matters are even more complicated as we deal with...

Rochester Government Briefs: December 27, 2007.
December 27, 2007... Byline: The Daily Record Staff City Council Reconsiders Ambulance Contract Mayor Robert J. Duffy has vetoed the City Council's decision rejecting his recommendation to award Monroe Ambulance the city's contract for emergency services. The...

A?look back at big cases of 2007.
December 28, 2007... Byline: Elizabeth Stull The U.S. Supreme Court took a few steps to the right during the 2006-2007 term, court watchers say. In decisions on a broad range of issues, the court's majority demonstrated politically conservative leanings....

Commentary: Anker's away: Court upholds informal physician interviews.
December 28, 2007... Byline: Michael A. Rosenhouse Since a personal injury plaintiff affirmatively puts his or her medical condition in issue, defense counsel may informally interview a plaintiff's treating physician at any time, and a plaintiff can't prevent...