Daily Record (Rochester, NY) articles from December 2008

Daily Record (Rochester, NY) archives from December 2008

N.Y. State Court of Appeals Case Summaries: December 1, 2008.(Case overview)
December 1, 2008... Byline: Daily Record Staff N.Y. State Court of Appeals Depraved Indifference People v. Jean-Baptiste 2 No. 174 Appealed from the Appellate Division Background: The main issue in the appeal is whether evidence introduced at trial...

Commentary: Would your business benefit from a retirement plan?
December 1, 2008... Byline: Kimberly DiMaria Has your business found it difficult to attract and retain skilled, quality employees? Offering a retirement plan could be a big help. Some of the more popular retirement plans available include: 401(k) plan...

Commentary: Sometimes you have to laugh at the law.
December 1, 2008... Byline: Nicole Black I hope you enjoyed the Thanksgiving holiday; now I offer you the following humorous tidbits, parsed from my Legal Antics blog at nylawbog.typepad.com/legalantics. I hope they'll tide you over until the December...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: December 1, 2008.(Case overview)
December 1, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Sentencing In Re Terrorist Bombings of U.S. Embassies in East Africa 01-1535-cr Appealed from the Southern District of New York Background: In May 2001, a jury...

Legal wit, a cappella: New York legal professionals perform parody songs at engagements.
December 1, 2008... Byline: Elizabeth Stull What do you get when you take four legal professionals who can sing, and put them together on stage? In Buffalo, you get The Acapellants, an a cappella quartet that has performed their repertoire of parody songs...

Country's two biggest home loan financing companies pause foreclosures.
December 1, 2008... Byline: Colleen M. Farrell Those on the brink of losing their homes will have some temporary relief this season. The country's two biggest home loan financing companies -- Fannie Mae and Freddie Mac -- announced last week that they will...

Government claim imposed for debt by City of Rochester.
December 1, 2008... Byline: Colleen M. Farrell Changes to how the City of Rochester handles tax liens could provide an economic boost and help city homeowners facing foreclosure at the same time. For the first time, the city will be selling tax liens....

Bush: 'I'm sorry'.
December 2, 2008... Byline: Deb Riechmann WASHINGTON, D.C. (AP) -- President George W. Bush expressed remorse that the global financial crisis has cost jobs and harmed retirement accounts and said he'll back more government intervention if needed to ease the...

AP: There were many warnings.
December 2, 2008... Byline: Matt Apuzzo WASHINGTON, D.C. -- The Bush administration backed off proposed crackdowns on no-money-down, interest-only mortgages years before the economy collapsed, buckling to pressure from some of the same banks that have now...

N.Y. Court of Appeals rules lawyers may void home sales.
December 2, 2008... Byline: Elizabeth Stull The Court of Appeals last week upheld a party's right to back out of a real estate contract for any or no reason, if a contingency clause commonly used in Upstate real estate contracts is invoked. Where a real...

The Daily Record News Briefs: December 2, 2008.
December 2, 2008... Byline: Daily Record Staff Pigott nominated for top judicial post The state Commission on Judicial Nomination announced seven nominees to head the state's court system as chief judge of the Court of Appeals, the state's highest court. In...

Commentary: Calling Doppler's reliability into question.
December 2, 2008... Byline: Kevin Williams The use of Doppler radar imagery not only has been a boon to delivering more accurate short term weather forecasts, but also has allowed for more precise analysis of historical precipitation patterns. Doppler weather...

Appellate Division, 3rd Department Case Summaries: December 2, 2008.(Case overview)
December 2, 2008... Byline: Daily Record Staff Appellate Division, Third Department Attorney Discipline In the Matter of Kriz D-65-08 Background:The respondent attorney was admitted in New York in 1992 and was previously admitted in Connecticut in...

Western New Yorkers On The Move: December 2, 2008.
December 2, 2008... Byline: Daily Record Staff Nixon Peabody LLP partner David Pieterse recently was selected to serve as co-chairman of the New York State Bar Association's Construction Law Committee. Jones Day partner Susanna Fodor will serve as the...

U.S. District Court, Western District of New York Case Summaries: December 2, 2008.(Case overview)
December 2, 2008... Byline: Daily Record Staff U.S. District Court, Western District of New York Equitable Tolling Rosinski v. DRS EW & Network Systems Inc. 08-CV-0005 Judge Skretny Background: The plaintiff alleges that her former employer...

U.S. District Court, Northern District of New York Case Summaries: December 2, 2008.(Case overview)
December 2, 2008... Byline: Daily Record Staff U.S. District Court, Northern District of New York Federal Employer's Liability Higgins v. Consolidated Rail Corp. 06-CV-689 Judge Sharpe Background: Plaintiff Higgins began employment with Conrail in 1990...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: December 3, 2008.(Case overview)
December 3, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Freedom of Information Associated Press v. Department of Justice 07-1384-cv Appealed from the Southern District of New York Background: The appeal is from an...

Commentary: An investment you can mortgage the house to buy.
December 3, 2008... Byline: George W. Karpus The credit crunch has created an investment opportunity that you can mortgage the house to buy, so that is exactly what I have just done! I have mortgaged my house (home equity loan, at essentially prime rate) to...

Commentary: Dancing on the perimeters of the First Amendment.
December 3, 2008... Byline: Scott Forsyth I have not visited the Klassy Cat on West Henrietta Road, but I am told that it features pole dancing. Ugh, you groan, pole dancing is strip tease by another name. You concede that it is expressive conduct protected...

The Daily Record News Briefs: December 3, 2008.
December 3, 2008... Byline: Daily Record Staff CAP collecting holiday gifts for children Children Awaiting Parents (CAP) is collecting holiday gifts to distribute to children in foster care awaiting families of their own. Founded 36 years ago to help find...

More than $1M verdict awarded by a jury in Wayne County.
December 3, 2008... Byline: Elizabeth Stull It could be the biggest verdict ever awarded in Wayne County. Two days before Thanksgiving a six-member jury there granted Christopher and Wendy Loren more than $1 million for their medical malpractice lawsuit. The...

Appellate Division, 3rd Department Case Summaries: December 3, 2008.(Case overview)
December 3, 2008... Byline: Daily Record Staff Appellate Division, 3rd Department Legal Malpractice Adamski v. Lama 503370 Appealed from Supreme Court, Tompkins County Background: The appeal is from an order of the supreme court that partially...

Lending tightens, but most Rochester projects are OK.
December 3, 2008... Byline: Colleen M. Farrell With nearly $800 million in development planned for downtown Rochester alone, some are cautious about how much will be built -- and when. Some developers have told the Rochester Downtown Development Corp. that...

Case Digests.
December 4, 2008... U.S. Court of Appeals for the Second Circuit 'Res Judicata' Giannone v. York Tape & Label Inc. 07-2673-cv Appealed from the Eastern District of New York Background: The plaintiff appeals from an order of the district court dismissing...

Commentary: Practitioners: Use caution when soliciting clients.
December 4, 2008... Byline: Michael T. Tomaino One of the more complex portions of the New York Code of Professional Responsibility relates to the regulation of advertising and solicitation. All New York lawyers are aware of DR 2-101 [22 NYCRR s. 1200.6],...

Commentary: If your wife is German, let her retire.
December 4, 2008... Byline: Robert L. Brenna Jr. Okay, so here's the deal: I married a German woman. In prior columns, I've explained that in reaction to my saying wonderful things about her, she bought me a ride in a fighter jet at a charity auction. I...

The Daily Record News Briefs: Decemeber 4, 2008.
December 4, 2008... Byline: Daily Record Staff EastView Mall to undergo $50M upgrade EastView Mall will get a two-phase, $53 to 57 million investment over the next five to seven years, officials with the Ontario County Industrial Development Agency (IDA) and...

N.Y. Gov. Paterson rejects chief judge nominees.
December 4, 2008... Byline: Elizabeth Stull Gov. David A. Paterson and state Attorney General Andrew Cuomo deplored the absence of a woman nominee to succeed Chief Judge Judith S. Kaye when she retires at the end of the year. We're outraged by what we see,...

Plans for Midtown Plaza in Rochester gain momentum.
December 4, 2008... Byline: Colleen M. Farrell Plans for redeveloping the site of the country's first indoor shopping mall seem to be picking up steam. A hearing held Tuesday night at City Hall enabled public comment on the project, which will demolish...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: December 4, 2008.(Case overview)
December 4, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit'Res Judicata' Giannone v. York Tape & Label Inc. 07-2673-cv Appealed from the Eastern District of New York Background: The plaintiff appeals from an order of the...

U.S. District Court, Western District of N.Y. Case Summaries: December 4, 2008.(Case overview)
December 4, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Social Security Salisbury v. Astrue 06-CV-6629 Judge Telesca Background: The plaintiff initiated the action after her claims for SSI and disability insurance...

New York State Court of Appeals Case Summaries: December 4, 2008.(Case overview)
December 4, 2008... Byline: Daily Record Staff New York State Court of Appeals Negligence Kopsachilis v. 130 East 18 Owners Corp. 1 No. 177 Appealed from the Appellate Division Background: Subdivision two of Multiple Dwelling Law s.37 requires...

Lending tightens, but most Rochester projects are OK.
December 4, 2008... Byline: Colleen M. Farrell With nearly $800 million in development planned for downtown Rochester alone, some are cautious about how much will be built -- and when. Some developers have told the Rochester Downtown Development Corp....

Case Digests.
December 5, 2008... U.S. Court of Appeals for the Second Circuit Securities W.R. Huff Asset Management Co. v. Deloitte & Touche LLP 06-1664-cv Appealed from the Southern District of New York Background: The plaintiff is an investment advisor for...

Commentary: It's time again for year-end tax planning.
December 5, 2008... Byline: Mary M. Paul Thanksgiving is over and the holiday season is upon us, so the time to make 2008 tax planning decisions is now. The following is a checklist that may help you save tax dollars if you act before year's end: * If too...

The Daily Record News Briefs: December 5, 2008.
December 5, 2008... Byline: Daily Record Staff State funds 30 housing units in Buffalo Earlier this week, the New York State Housing Finance Agency (HFA) and its subsidiary, the New York State Affordable Housing Corp. (AHC), approved $64.2 million in...

Midtown Plaza Tower building in Rochester could be saved.
December 5, 2008... Byline: Colleen M. Farrell City of Rochester officials are culling development ideas for one of Rochester's landmarks. Mayor Robert J. Duffy announced Thursday that the city has issued a Request for Proposals (RFP) for the potential sale...

Webster auto dealership sues Chrysler.
December 5, 2008... Byline: Elizabeth Stull A local car dealership has filed a federal lawsuit against Chrysler and its owners, claiming the Big Three automaker violated its franchise agreements and used illegal tactics in an attempt to close the franchise...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: December 5, 2008.(Case overview)
December 5, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Securities W.R. Huff Asset Management Co. v. Deloitte & Touche LLP 06-1664-cv Appealed from the Southern District of New York Background: The plaintiff is an...

New York State Court of Appeals Case Summaries: December 5, 2008.(Case overview)
December 5, 2008... Byline: Daily Record Staff New York State Court of Appeals Unconscionability Lawrence v. Miller 1 No. 76 Appealed from the Appellate Division Background: Plaintiff Law-rence retained the law firm of Graubard Miller on an hourly...

Appellate Division, 3rd Department Case Summaries: December 5, 2008.(Case overview)
December 5, 2008... Byline: Daily Record Staff Appellate Division, 3rd Department Statute of Limitations Cadlerock Joint Venture LP v. Remillard 504726 Appealed from Supreme Court, Saratoga County Background: The appeal is from an order that, among...

Appellate Division, 1st Department Case Summaries: December 9, 2008.(Case overview)
December 9, 2008... Byline: Daily Record Staff Appellate Division, 1st Department Suppression People v. Glover 09474 Appealed from Supreme Court, New York County Background: The defendant appeals from a judgment of conviction, following his plea of...

Five Star Bank honored by SBA for loan sales in Buffalo and Syracuse.
December 9, 2008... Byline: Daily Record Staff Five Star Bank announced on Monday that it received two awards from the Small Business Association (SBA) in recognition for loan sales in Buffalo and Syracuse. With an overall ranking of 50 for SBA Nationwide...

Western New Yorkers On The Move: December 9, 2008.
December 9, 2008... Byline: Tara E. Buck The law firm of Harter Secrest & Emery LLP announced that Lisa G. Pelta, William A. Santmyer and Lori J. Stone have joined the firm. Pelta joined the firm's employee benefits group as counsel and will focus her...

Commentary: Title industry losing jobs through 'offshoring'.
December 9, 2008... Byline: Alan P. Roides Wikipedia defines offshoring as the relocation of business processes from one country to another. That includes any business process such as production, manufacturing or services. My translation? Offshoring is a way...

Locke and the Dryden Theatre in Rochester shine spotlight on the human spirit.
December 9, 2008... Byline: Elizabeth Stull Attorney and George Eastman House trustee James Locke said recently he finds inspiration in the ways in which humanity strives to improve itself, and in the selfless actions of individuals to improve conditions for...

Appellate Division, 3rd Department Case Summaries: December 9, 2008.(Case overview)
December 9, 2008... Byline: Daily Record Staff Appellate Division, 3rd Department Workers' Compensation In the Matter of Beers v. Jump Start Advanced Academics 502153 Appealed from the Workers' Compensation Board Background: The board ruled that the...

New York State Supreme Court rules Bear Steans directors did not violate fiduciary duties.
December 10, 2008... Byline: Michael Giuliano In Re Bear Stearns Litigation, 600780/08; New York State Supreme Court, New York County; decision from Judge Herman Cahn Did the directors of Bear Stearns violate their fiduciary duty to the stockholders by...

Case Digests.
December 10, 2008... U.S. Court of Appeals for the Second Circuit 'Habeas Corpus' Carrion v. Smith 08-1394-pr Appealed from the Southern District of New York Background: The appeal is from a district court order granting the petition for habeas corpus...

Commentary: It's time to consider tax loss selling.
December 10, 2008... Byline: James Quackenbush As 2008 comes to an end, investors should be examining their investment portfolio carefully and consider taking advantage of tax strategies. With the stock market having one of its worst years since the Great...

Monroe County Executive Maggie Brooks and Rochester Mayor Robert J. Duffy: Rochester will survive.
December 10, 2008... Byline: Colleen M. Farrell While the Rochester region has its challenges, it will survive the economic downturn if the public and government work together. That was the message from Monroe County Executive Maggie Brooks and Rochester Mayor...

The Daily Record News Briefs: December 10, 2008.
December 10, 2008... Byline: Daily Record Staff First International Women's Day set for March Organizers are planning Rochester's first International Women's Day, which will be held in March. The planning committee will hold a kickoff meeting Dec. 12. The...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: December 10, 2008.(Case overview)
December 10, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit 'Habeas Corpus' Carrion v. Smith 08-1394-pr Appealed from the Southern District of New York Background: The appeal is from a district court order granting the...

Appellate Division, 3rd Department Case Summaries: December 10, 2008.(Case overview)
December 10, 2008... Byline: Daily Record Staff Appellate Division, 3rd Department Identification People v. Carter 100819 Appealed from Supreme Court, Albany County Background: The defendant appeals from a verdict convicting him of the crime of...

U.S District Court, Northern District of N.Y. Case Summaries: December 11, 2008.(Case overview)
December 10, 2008... Byline: Daily Record Staff U.S District Court, Northern District of New York Social Security Miles v. Commissioner of Social Security 06-CV-0391 Judge Kahn Background: The plaintiff applied for SSI benefits in 2003 due to asthma,...

Case Digests.
December 11, 2008... u.s. district Court, Ndny Social Security Miles v. Commissioner of Social Security 06-CV-0391 Judge Kahn Background: The plaintiff applied for SSI benefits in 2003 due to asthma, chronic obstructive pulmonary disease, arthritis in the...

Commentary: This holiday, GRAWA is giving back.
December 11, 2008... Byline: Heidi Schult Gregory The Greater Rochester Association for Women Attorneys (GRAWA) has a long history of advocating for and raising awareness of worthy charities. Every year, typically coinciding with its holiday party, GRAWA...

Commentary: VLSP vol embodies the spirit of the season.
December 11, 2008... Byline: Linda Kostin When it comes to volunteering to help low income clients with their civil legal needs, Eileen E. Buholtz has been in the holiday spirit since 1982, the year Volunteer Legal Services Project was established. Since then,...

Commentary: Fully funding legal services: A cost-saving measure.
December 11, 2008... Byline: T. Andrew Brown For quite some time, the downward economy has been the leading story in news articles and programs. The extent of the recession's impact on businesses and consumers has been the principle discussion. Every day,...

The Daily Record News Briefs: December 11, 2008.
December 11, 2008... Byline: Daily Record Staff Monroe County budget gets nod The Monroe County Legislature officially adopted County Executive Maggie brooks' $905,475,676 spending plan for 2009 on Wednesday. The budget keeps property taxes stable at $8.99 per...

N.Y. State Bar Association: In-house ethics counsel numbers up.
December 11, 2008... Byline: Elizabeth Stull A lawyer who thinks she has engaged in misconduct should not automatically expect to be rescued by her firm's ethical experts, according to a recent American Bar Association opinion. ABA Formal Opinion 08-453...

Block F's new lease on life in Rochester?
December 11, 2008... Byline: Colleen M. Farrell A prime piece of downtown real estate is closer to getting a facelift. The 1.5-acre site at the corner of East Main and Gibbs streets is being touted as very valuable by city officials because of its...

U.S. District Court, Northern District of N.Y. Case Summaries: December 11, 2008.(Case overview)
December 11, 2008... Byline: Daily Record Staff U.S District Court, Northern District of New York Social Security Miles v. Commissioner of Social Security 06-CV-0391 Judge Kahn Background: The plaintiff applied for SSI benefits in 2003 due to asthma,...

Appellate Division, 3rd Department Case Summaries: December 11, 2008.(Case overview)
December 11, 2008... Byline: Daily Record Staff Appellate Division, 3rd Department Speculative Evidence Tucker v. City of Albany Fire Emergency and Building Services 505073 Appealed from Supreme Court, Albany County Background: The appeal is from an...

Case Digests.
December 12, 2008... u.s. district Court, Ndny False Arrest Cramer v. The Village of Endicott 08-CV-1052 Judge McAvoy Background: The plaintiff asserts claims of false arrest and false imprisonment pursuant to 42 U.S.C. s.1983. He claims he was unlawfully...

Commentary: SFAS 160 basics: Non-controlling interests.
December 12, 2008... Byline: Kate Welc The purpose of SFAS 160 is to improve the relevance, comparability and transparency of information regarding non-controlling or minority interest (NCI), provided by a reporting entity in its consolidated financial...

Commentary: Election fraud is real, even here in the U.S.
December 12, 2008... Byline: Gina Bliss If you are anything like me, you are glad to have seen Election Day come and go. Don't get me wrong, we saw a very exciting and historic election. The constant bombardment of political advertisements did get a little...

News Briefs.
December 12, 2008... Unlikely bedfellows? Federal judges could benefit from the proposed $14 million bailout plan for U.S. automakers, which includes a cost of living adjustment (COLA) for jurists who have not received an actual raise since the early 1990s....

Commentary: Fannie, Freddie limit won't stop all investors.
December 12, 2008... Byline: Colleen M. Farrell Investors wary of the stock market may not be able to turn as easily to real estate to try to turn a profit next year thanks to a recent change by Fannie Mae and Freddie Mac that limits the number of loans a...

Rochester area bankruptcy attorneys busy.
December 12, 2008... Byline: Elizabeth Stull News that foreclosures declined slightly in November has not fooled anyone: Busy Rochester bankruptcy attorneys and national observers alike see the recent dip as a brief respite from a trend they expect to mushroom...

U.S. District Court, Northern District of New York Case Summaries: December 12, 2008.(Case overview)
December 12, 2008... Byline: Daily Record Staff False Arrest Cramer v. The Village of Endicott 08-CV-1052 Judge McAvoy Background: The plaintiff asserts claims of false arrest and false imprisonment pursuant to 42 U.S.C. s.1983. He claims he was unlawfully...

Appellate Division, 3rd Department Case Summaries: December 12, 2008.(Case overview)
December 12, 2008... Byline: Daily Record Staff Appellate Review In the Matter of LTI Inc. v. Commissioner of Labor 504850 Appealed from the Unemployment Insurance Appeal Board Background: The appeal is from a decision of the Unemployment Insurance Appeal...

Appellate Division, 2nd Department Case Summaries: December 12, 2008.(Case overview)
December 12, 2008... Byline: Daily Record Staff Causation Costantino v. Webel 09550 Appealed from Supreme Court, Suffolk County Background: In an action to recover damages for personal injuries, the plaithat granted the defendants' motion for summary...

Rochester-based Pike Co. turns food into art.
December 15, 2008... Byline: Colleen M. Farrell Rochester's Pike Co. recently unveiled a can-dozer at the Tops market on Mount Read Boulevard in Greece as part of the Tops Food For Families Drive. The can-dozer -- a bulldozer made entirely out of cans of food...

Case Digests.
December 15, 2008... U.S. Court of Appeals for the Second Circuit Immigration Aliyev v. Mukasey 07-1093-ag Appealed from the Board of Immigration Appeals Background: The case presents a petition for review of a decision by the Board of Immigration Appeals...

Commentary: How about a bailout for 401(k) investors?
December 15, 2008... Byline: Robert F. Judd As more and more companies line up at the trough looking for their fair share of the new American dream known as government bailouts, I can't help but wonder how it all will end, and who will be stuck with the bill...

Commentary: The legal profession and the recession.
December 15, 2008... Byline: Nicole Black It isn't so much that hard times are coming; the change observed is mostly soft times going. -- Groucho Marx What was once a fearful prediction is now a disturbing fact: Our country is in the middle of a...

The Daily Record News Briefs: December 15, 2008.
December 15, 2008... Byline: Daily Record Staff State's eco-friendly guidelines released Gov. David A. Paterson's goal of the state making eco-friendly purchases is moving forward. On Friday, the state's Department of Environmental Conservation (DEC)...

Rochester law firms expanding despite dire economic predictions.
December 15, 2008... Byline: Elizabeth Stull In the face of dire economic predictions and rising unemployment, some law firms are pursuing ambitious expansion plans. What does it take to grow a law firm in a shrinking market? Strategy, planning and optimism,...

House closings for Nov. '08 down 29 percent from Nov. '07 in Rochester region.
December 15, 2008... Byline: Colleen M. Farrell While housing sales fell in the Rochester region during the month of November, local experts said the region will turn the corner in the new year. For November, the number of closings decreased by 29 percent and...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: December 15, 2008.(Case overview)
December 15, 2008... Byline: Daily Record Staff Immigration Aliyev v. Mukasey 07-1093-ag Appealed from the Board of Immigration Appeals Background: The case presents a petition for review of a decision by the Board of Immigration Appeals denying asylum for...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: December 15, 2008.(Case overview)
December 15, 2008... Byline: Daily Record Staff Injunctions Yagan v. Syracuse City Court Judges Fifth Judicial District 08-CV-1176 Judge Hurd Background: It is the plaintiff's second attempt at bringing an ex parte temporary restraining order application....

Appellate Division, 3rd Department Case Summaries: December 15, 2008.(Case overview)
December 15, 2008... Byline: Daily Record Staff Suppression People v. Baggett 100096 Appealed from County Court, Ulster County Background: The appeal is from a judgment rendered upon a verdict convicting the defendant of the crimes of burglary and grand...

Upstate Mandate Relief Commission gives N.Y. governor recommendations on how to reduce state costs.
December 16, 2008... Byline: Colleen M. Farrell One day before the state budget was due out, three Upstate county executives gave some advice to Gov. David A. Paterson on how to reduce costs. The Upstate Mandate Relief Commission (UMRC) made five...