Daily Record (Rochester, NY) articles from February 2002

Daily Record (Rochester, NY) archives from February 2002

Motion to suppress DWI evidence is denied.
February 1, 2002... Byline: Jill Miller Was a police officer's initial approach of the defendant's vehicle justified? Can a police officer keep the defendant's driver's license while he investigated the scene? In People v. Michael Tette, the defendant...

Third Dept. amends rules governing atty. conduct.
February 1, 2002... Byline: Anthony Cardona Pursuant to the authority conferred upon the Appellate Division, Third Department, by law, it is Ordered that, effective immediately, section 806.19 of the Rules Governing the Conduct of Attorneys of the Supreme...

Patents commissioner discusses postal backlog.
February 1, 2002... Byline: Nicholas Godici Dear Patent Practitioner:The U.S. Patent and Trademark Office and the patent community have experienced considerable difficulties since mid-October 2001 due to delays in the delivery of mail by the U.S. Postal...

Local attorney passes away unexpectedly.
February 1, 2002... Byline: Richard Marchese, Jr. James Archer Robinson, Esq., (Jim), whose All-American pedigree included ancestors who fought in the Revolutionary War, died unexpectedly on January 23, 2002. He had practiced law in Monroe County for about...

Briefs: Pro women golfers hampered by injuries+.
February 1, 2002... Byline: Scott Perkins So, you think the perfect life for a woman would be to join the Ladies Professional Golf Associations (LPGAs) Tour and play golf nearly every day.Well, it probably isnt a bad way to go, particularly if you are among...

Patent infringement claim settled with arbitration.
February 1, 2002... Byline: Nora Jones In 1993, final offer arbitration was introduced into the workers compensation decision process. The name baseball arbitration denotes the affiliation of this settlement process with baseball salary disputes. Under final...

Play-Doh's popularity preceded its patent.
February 1, 2002... Byline: Nora Jones The U.S. Patent and Trademark Office issued the official patent (No. 3,167,440) for Play-Doh in January 1965 some nine years after Noah W. McVicker and Joseph S. McVicker invented the soft, pliable modeling substance....

Truth in lending claim dismissed 'sua sponte'.
February 1, 2002... Byline: Nora Jones Did the plaintiffs handwritten, amended complaint alleging violations of 15 U.S.C. s.s. 1601 et. seq. cure the deficiencies of his original complaint which was dismissed last February? Despite his attempt to...

Tips for running a small biz during econ. downturn.
February 1, 2002... Byline: Thomas Wolf Running or managing a small business often leaves little time to keep track of national and even regional, economic indicators that might affect your industry and your specific operation. Yet conditions such as...

Rochester Legal Briefs February 1, 2002.
February 1, 2002... Byline: Jill Miller CRIMINAL DECISIONS Motion Denied A motion to reduce or dismiss the indictment against the defendant is denied. "Court review of Grand Jury proceedings is confined to legal sufficiency of the evidence, and...

Parents denied atty.'s fees in special ed. lawsuit.
February 4, 2002... Byline: Jill Miller Is a plaintiff entitled to summary judgment and attorneys fees pursuant to the Individuals with Disabilities Education Act, on the ground that he was a prevailing party under the catalyst theory of recovery?This was the...

Former employee sues for breach of contract damage.
February 4, 2002... Byline: Nora Jones Was the defendant justified in terminating the plaintiffs employment, thus eliminating the compensation promised under an employment agreement? Where a substantial bonus was to be based on achievements that the...

Amer. Bar Assn. task force cites problems in Victim Compensation Fund.
February 4, 2002... Byline: Daily Record Staff Interim Final Rules announced by the Special Master Kenneth Feinberg for the September 11th Victim Compensation Fund reflect significant time, effort and energy, and "good intentions shine through," said an...

Texas courts move towards filing briefs electronically.
February 4, 2002... Byline: Daily Record Staff On January 14, the justices of the Supreme Court of Texas approved a plan to make petitioners' briefs on the merits, respondents' briefs, petitioners' reply briefs and amicus briefs available online for all cases...

Cancer claims life of Hanna Cohn, exec. director of Volunteer Legal Services Project.
February 4, 2002... Byline: Daily Record Staff A respected colleague and cherished friend to many in the legal community lost her battle with cancer last week. Hanna Cohn, Esq., passed away on Thursday, Jan. 31. She was 50 years old. We at The Daily...

Shareholder's lawsuit against Xerox dismissed.
February 5, 2002... Byline: Jill Miller Did Xerox Corp. and its board of directors act in bad faith when it approved a compensation package for its former CEO? In James M. Hartman v. G. Richard Thoman, Paul A. Allaire, B.R. Inman, Antonia A. Johnson,...

Novel's litigation theme is panel discussion topic.
February 5, 2002... Byline: Nora Jones On February 25, a panel discussion on "The Lawyer in an Age of Litigation" will be held at the Appellate Division Court House at 50 East Ave. Sponsored by the Monroe County Bar Association in conjunction with Writers &...

Atty. disciplinary results issued for Feb. 1.
February 5, 2002... Byline: Daily Record Staff Along with litigation appeals, the Appellate Division, Fourth Department handled the following attorney disciplinary matters, issuing the results on Friday, February 1. Matter Of Robert W. Hysert, A Suspended...

Rochester Legal Briefs: February 5, 2002.
February 5, 2002... Byline: Daily Record Staff The Appellate Division, Fourth Department addressed malpractice issues in decisions handed down on February 1. In a decision by Justice Elizabeth Pine, the court ruled on whether a parent could bring a legal...

Commentary: Have you protected your family financially?
February 5, 2002... Byline: Francis Marchese Would your family be financially secure if tragedy struck? Before you answer, consider the following areas. * Insurance. Do you carry the right kinds or amounts of insurance, including life, disability, and...

Law partner enjoys competing in croquet tourneys.
February 5, 2002... Byline: Nora Jones What takes the skill of billiards, the strategy of chess, and requires the players to wear white? Richard Curtis, partner at Lacy, Katzen, Ryen & Mittleman can answer that without hesitation. Championship croquet. ...

Rochester Legal Briefs: February 5, 2002.
February 6, 2002... Byline: N.Y. Daily Record Staff The Appellate Division, Fourth Department addressed several cases involving attorney fees and attorney malpractice in the decisions handed down on Friday, February 1. ATTORNEYS' FEES Criminal Law...

Commentary: Fixed income strategy using closed-end funds.
February 6, 2002... Byline: George Karpus The last two calendar years our tax-sensitive fixed income management performance excelled compared to that of the Lipper Intermediate Municipal Bond Mutual Fund average. As a matter of fact, we have hit the top of...

Arbitration in employment law disputes.
February 6, 2002... Byline: Edward Steve Employers desiring to arbitrate employment law disputes were dealt a setback last month by the United States Supreme Court in Equal Employment Opportunity Commission v. Waffle House, 2002 U.S. LEXIS 489 (2002). In...

Rochester magazine is unique business resource.
February 6, 2002... Byline: Daily Record Staff As a business resource in Rochester, Business Strategies Magazine is unique. While it doesn't cover time-sensitive business news, it does provide invaluable information to be used, shared, saved, and even used...

Disclaimer of coverage equitably estopped.
February 6, 2002... Byline: Nora Jones What constitutes a reasonable timeframe for notifying a liability insurer of a potential claim? What must the insurer do to protect its right to disclaim coverage? In Adams v. Chicago Insurance Co. the U.S. District...

Insurance co. ordered to cover cancer treatment.
February 6, 2002... Byline: Jill Miller Was a district court's decision to remand a case rather than grant injunctive relief an abuse of discretion? Should an insurance company cover a form of cancer treatment? In Nickolas Zervos v. Verizon New York...

Incorrect advice by atty. opens door to appeal.
February 7, 2002... Byline: Jill Miller A man who pled guilty to conspiring to distribute and to possess with intent to distribute 100 grams of heroin will have an opportunity to appeal his sentence.In Bienvenido Garcia v. U.S. (decided January 28, 2002,...

Rochester Legal Briefs February 6, 2002.
February 7, 2002... Byline: Daily Record Staff Several decisions by the Appellate Division, Fourth Department addressed personal injury issues. In a decision by Henry J. Scudder, the court addressed liability under the Arts and Cultural Affairs Law. CIVIL...

New section added to NY Uniform Civil Rules.
February 7, 2002... Byline: Daily Record Staff Effective immediately, a new section 202.69 of the Uniform Civil Rules of the Supreme and County Courts, relating to coordination of related actions in more than one judicial district, reads as follows:Section...

ABA task force to study new federal policy.
February 7, 2002... Byline: Daily Record Staff The American Bar Association has created a task force to analyze the broad legal implications of efforts to thwart international money laundering, and the potential impact those efforts could produce on...

Change of venue request reviewed, denied.
February 7, 2002... Byline: Nora Jones Was a change of forum called for in Bailey v. Schneider National Carriers, Inc., where the defendants had already moved the suit from State Supreme Court to federal district court? U.S. Magistrate Judge William G. Bauer...

Ruling may lead courts to grant more continuances.
February 7, 2002... Byline: Michael Rosenhouse If the dissenters are to be believed, a recent U.S. Supreme Court decision has "inject[ed] troubling instability into the criminal justice system." Lee v. Kemna, 2002 U.S. LEXIS 494, *46, Dkt. No. 00-6933...

A lawyerly discussion on new legal movie.
February 7, 2002... Byline: David Oliveiri Two lawyers recently overheard while at lunch at a Four Corners eatery. To preserve anonymity, well just call them Ms. J and Mr. S.Mr. S: "Say, we just saw that new Sean Penn film, where he plays a mentally...

Interim director for Volunteer Legal Services Project named.
February 8, 2002... Byline: N.Y. Daily Record Staff The Board of Directors of Volunteer Legal Services Project, Inc. hired Steven L. Brown, Esq. as Interim Executive Director of VLSP effectively immediately to fill the void left by the recent death of Hanna...

Patents and antitrust law: friends or foes?
February 8, 2002... Byline: Nora Jones Director of the U.S. Patent and Trademark Office, James E. Rogan, spoke on February 6, 2002, at the Congressional Economic Leadership Institute during hearings on Competition and Intellectual Property Law and Policy....

Commentary: The real cost of home office tax deductions.
February 8, 2002... Byline: James Barr The expense of using a portion of your home exclusively for business purposes is, as everyone knows, tax deductible. Not too surprisingly, most taxpayers who qualify for a home office deduction usually take full...

Briefs: Horse trials voted area's best event+.
February 8, 2002... Byline: Scott Perkins Here are some different events taking place around town. Horse Trials The Stuart Horse Trials have, again, been voted The Best Event in Area I for 2001. This is the fifth time in 12 years the...

NY State Court of Appeals lists filings for January 11-17, 2002.
February 8, 2002... 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...

Harris Beach law firm's website wins awards.
February 8, 2002... Byline: Daily Record Staff In recognition of the Internet business development accomplishments of the country's top law firms, the website of Harris Beach LLP was recently recognized among the silver award winners in the 2002 IMA Awards....

Defects in titles lead to dealership liability.
February 8, 2002... Byline: Jill Miller Did a car dealership breach its warranty when it sold 15 vehicles with fraudulent titles to another dealership, even though it was not aware the titles were fraudulent? In Page One Auto Sales, Inc. v. Richard R....

Rochester Legal Briefs: February 8, 2002.
February 8, 2002... Byline: Daily Record Staff Several decisions by the Appellate Division, Fourth Department, addressed personal injury issues, including a question of liability for teenagers' injuries at an unsupervised party. CIVIL DECISIONS ...

Sealing requirement under CPL 160.50 clarified.
February 11, 2002... Byline: Gary Muldoon The term sealing is used in several areas of criminal law. Sealing of tapes occurs upon the return of a wiretap. An indictment that was not initially prosecuted as a felony complaint and is directly presented to the...

NY atty. disbarred for selling client information.
February 11, 2002... Byline: Nora Jones A Manhattan attorney who allegedly attempted to sell information about one of his clients was disbarred by the Supreme Court of New York, Appellate Division, First Department last week. A five-judge panel issued its...

Prosecutor may ask accused about prior guilty plea.
February 11, 2002... Byline: Jill Miller During cross-examination can a prosecutor ask the defendant about an unrelated crime he pled guilty to but had not yet been sentenced for?This was the central question before New York States highest court in the People...

Rochester Legal Briefs February 8, 2002.
February 11, 2002... Byline: Daily Record Staff Among the criminal law decisions by the Appellate Division, Fourth Department, the court upheld the constitutionality of a gambling statute that a lower court had invalidated. Two judges dissented. CRIMINAL...

NY State Court of Appeals lists filings for January 11-17, 2002.
February 11, 2002... 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...

Environmental liability act amended.
February 11, 2002... Byline: Terry Richman After two decades of rocky implementation and scores of Congressional hearings, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" or "Superfund") has finally been amended to...

Misunderstanding of sentence can impact appeal.
February 11, 2002... Byline: Gary Muldoon A trial court may rely upon a variety of factors in reaching the proper sentence. Normally, appellate courts defer to the sentencing courts discretion.But where the record shows that the lower court imposed a...

Rochester Legal Briefs: February 12, 2002.
February 12, 2002... Byline: Jill Miller Evidence Supports Indictment The evidence presented to the Grand Jury was legally sufficient to support the charges established in the indictment. A motion to reduce or dismiss the indictment is dismissed. ...

Tax payments are avoidable transfers in bankruptcy.
February 12, 2002... Byline: Nora Jones Did AAPEX, as a payroll service provider, have a true agency relationship with the defendant, making certain tax, penalty, and interest payments to the IRS unquestionably legitimate? Or were those payments avoidable...

Surety's rights superior to Labor Dept.'s claims.
February 12, 2002... Byline: Jill Miller Is the petitioners right to funds still in the possession of a project owner superior to a claim filed by the Department of Labor for unpaid wages on an unrelated project?This was the issue before the New York State...

Who must file a 2001 income tax return?
February 12, 2002... Byline: Francis Marchese Generally, you must file a 2001 federal income tax return only if your gross income exceeds these levels:u Married filing jointly $13,400u Single $7,450u Head of Household $9,550However, different limitations...

Models of 19th century innovations on display.
February 12, 2002... Byline: Daily Record Staff Planning a trip to Washington D.C. for cherry blossom season? Maybe you can include a stop in Arlington, Va. at the U.S. Patent and Trademark Office Museum where Patent Models: Icons of Innovation, will be on...

Atty. is new CEO of University Technology Partners.
February 12, 2002... Byline: Nora Jones Combining economic strategies with legal know-how, Mark Scheuerman, Esq., recently joined the University of Rochester Medical Center staff as President and CEO of the University Technology Partners, Inc. UTP, a...

Email doesn't satisfy written notice requirement.
February 12, 2002... Byline: Jill Miller Does an email message constitute proper written notice to satisfy the requirements of CPL s. 190.50[5][a]?This was the unique issue a Monroe County Court Judge faced in People v. Terrence Welch. The defense asked the...

High stakes litigation - a look back at 2001.
February 13, 2002... Byline: Nora Jones The $10.5 billion verdict in Texaco, Inc. v. Pennzoil Co., 729 SW2d 768, Tex App., Houston 1st Dist. (1987) stood as the largest award by a jury for several years, although a $145 billion verdict in a class action...

Senate confirms U.S. Attorney for Western District.
February 13, 2002... Byline: Daily Record Staff The nomination of Hon. Michael A. Battle to be U.S. Attorney for the Western District of New York, for a term of four years, has been confirmed by the United States Senate. Battle was nominated by President...

Taking advantage of retirement contributions.
February 13, 2002... Byline: Azanda Donaldson The Economic Growth and Tax Reform and Reconciliation Act of 2001 ("EGTRRA") has provided many American workers with the ability to increase tax deferred savings through qualified plans and IRAs. Maximum annual...

Rochester Legal Briefs: February 13, 2002.
February 13, 2002... Byline: Jill Miller Motion Denied A motion to reduce or dismiss the indictment against the defendant is denied. The defendant is charged with two counts of Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs,...

Commentary: Voice recognition software-cost saving or suicide?
February 13, 2002... Byline: Joseph Oster Q: Hey Joe, my firm bought, installed, and gave up on Voice Recognition software about a year ago. We still think it could save us lots of time and money, and I'm wondering if the technology has improved at all? ...

Defendant's prior convictions may be addressed.
February 13, 2002... Byline: Jill Miller The New York State Court of Appeals tackled another issue involving cross-examination of a defendant in a recent case before the court. In People &c. v. Percival F. Hayes, (decided February 7, 2002, 2002 NY Int. 5)...

Community mediation and alt. dispute resolution.
February 14, 2002... Byline: Andrew Thomas May 2001 marked 20 years since the passage of the Community Dispute Resolution Legislation in New York State, creating the Community Dispute Resolution Centers program (CDRCP). The passage of the legislation in 1981...

PatentHunter software eases patent research work.
February 14, 2002... Byline: Daily Record Staff Up until now, those seeking patent information or downloads of actual patents for their research had to rely on services that cost them an increasing amount of time and money. Now, a new software program call...

Judge says employees did not breach fiduciary duty.
February 14, 2002... Byline: Jill Miller Did two former employees of Jasco Tools Inc. misappropriate trade secrets and proprietary information belonging to the company? Did one former employee breach an Employment Termination, Consulting and Stock Purchasing...

Rochester legal community shares memorable stories.
February 14, 2002... Byline: J. O'Brien J. Paul Brennan tells the following story:Tom Kearney was Justice Robert Kennedys court attendant at one time. On his first day of duty and in a spanking new uniform with shiny brass, Tom was nervously practicing his...

Social worker complicates child custody.
February 14, 2002... Byline: Nora Jones Where children with special needs were the subject of a custody battle, what factors must the court consider? In Steele v. Rose, the Matrimonial Referee Philip B. Dattilo, Jr. set forth 64 pages of factual findings as a...

Deceased Rochester atty. is fondly remembered.(Obituary)
February 14, 2002... Byline: Catherine Callery Hanna Cohns death last month just two weeks after her 50th birthday has left innumerable voids in our community. GRAWA is one of many organizations that will miss her energy, wisdom and commitment. Hanna was the...

Split year election lowers debtors' tax liability.
February 15, 2002... Byline: Nora Jones Can the debtors minimize their state and federal income tax liability in the year they file Chapter 7, where they did not invoke a 26 U.S.C. s. 1398 split year election? The U.S. Bankruptcy Court for the Western...

Commentary: Tax implications of market decline on IRAs.
February 15, 2002... Byline: Kenneth Burke Losses On Investments In Traditional IRAs Unfortunately, losses on investments held in a traditional IRA are not recognized when the losses are incurred. Whether or not these losses will ever be recognized...

Briefs: Retired Family Court judge honored+.
February 15, 2002... Byline: Scott Perkins Here are some more Sneaker Awards Platinum Sneaker to Judge Michael J. Miller retired from Monroe County Family Court. Judge Miller was recently honored by Alternatives for Battered Women (ABW) for extraordinary...

Trial exhibit error not grounds for mistrial.
February 15, 2002... Byline: Jill Miller When a non-testifying statement of a witness is accidentally included on the back of a trial exhibit given to the jury, is this grounds for a mistrial? This was the central question before New York State's highest...

Work-family balance is topic of Feb. lecture.
February 15, 2002... Byline: Daily Record Staff Randi Minetor, author of Breadwinner Wives and the Men They Marry is slated to speak at an upcoming brown bag lunch sponsored by the Greater Rochester Association for Women Attorneys. The lecture topic is...

Rochester Legal Briefs: February 15, 2002.
February 15, 2002... Byline: Jill Miller Indictment Stands A motion to inspect the Grand Jury minutes is granted. However, a motion to reduce or dismiss the indictment against the defendant on the grounds that the evidence presented to the Grand Jury was...

Staples Inc. to host computer recycling event.
February 15, 2002... Byline: Nora Jones In a quandary about what to do with old, obsolete computer equipment? Staples, the office superstore, is hosting a computer recycling event Sunday, Feb. 17 and Monday, Feb. 18 in Staples stores nationwide. For the...

Rochester Legal Briefs: February 19, 2002.
February 19, 2002... Byline: N.Y. Daily Record Staff CRIMINAL DECISIONS Indictment Stands A motion to dismiss an indictment on the grounds that the evidence presented to the Grand Jury was legally insufficient to support the charges is denied. ...

Opposition to state-imposed immunization surfaces.
February 19, 2002... Byline: Nora Jones Does the school district policy requiring student vaccines interfere with plaintiff's First Amendment rights? Did the plaintiff in Curtis v. Hilton Central School District Board of Education demonstrate likely...

Vehicle lease not covered under warranty act.
February 19, 2002... Byline: Jill Miller Does the Magnuson-Moss Warranty Act, 15 U.S.C. s. 2301-2312, apply to an automobile lease? This was the central issue in a case where the plaintiff leased an automobile which turned out to be defective from the...

Commentary: Should you use software to do your tax returns?
February 19, 2002... Byline: Francis Marchese It's estimated that one out of every four taxpayers uses a computer software program to prepare their income tax return. Should you? Consider these factors: 1. How complicated is your tax situation? For Form...

Commentary: Death beneficiary designations require planning.
February 19, 2002... Byline: R. Gilman Life insurance and retirement benefits comprise the major portion of many clients' estates, and proper beneficiary designations are essential to proper estate planning. Example: Husband's estate totals $2 million,...

Home sales off to slow start in 2002.
February 19, 2002... Byline: Jill Miller Sales of existing single family homes in the Rochester area are off to a slow start in 2002. According to the Greater Rochester Association of Realtors closings dropped 11 percent in January compared to December. In...

Rochester group mails out salary survey.
February 19, 2002... Byline: Daily Record Staff To stay competitive, how much should you pay your administrative staff? In order to benchmark local salaries, the Rochester Chapter of the Association of Legal Administrators and the Monroe County Bar...

Summary judgment denied in discrimination suit.
February 20, 2002... Byline: Nora Jones Did the plaintiff establish sufficient evidence of employment discrimination to avoid the defendant's motion for summary judgment? Could the defendants' reasons for terminating the plaintiff be interpreted as a pretext...

Criminally negligent homicide indictment dismissed.
February 20, 2002... Byline: Jill Miller Did a trial court err when it refused to charge the jury on the justifiable use of deadly force in defense of a burglary where a victim was escorted out of a convenience store, due to violent behavior, and reentered the...