Daily Record (Rochester, NY) articles from February 2004

Daily Record (Rochester, NY) archives from February 2004

U.S. District Court dismisses claim against insurer as untimely.
February 2, 2004... Byline: Nora A. Jones Where the plaintiff asserts breach of contract and fraudulent claim denial in an action against her disability insurer, was her complaint brought in a timely manner? Has the plaintiff established a viable cause of...

U.S. District Court finds supplier to be independent contractor.
February 2, 2004... Byline: Helen Nguyen Was the co-defendant an agent or an independent contractor of the defendant? Was there sufficient evidence to support counterclaims for breach of contract and intentional or negligent misrepresentation? Upon the...

NY State Supreme Court Judge Cornelius named to Continuing Legal Education Board.
February 2, 2004... Byline: Jill Miller New York State Supreme Court Judge Raymond Cornelius has been appointed to the New York State Continuing Legal Education Board. The appointment was made by Presiding Justice of the Appellate Division, Fourth...

NY State Bar Assn. publishes book detailing organization's evolution.
February 2, 2004... Byline: Staff In the 125 years since the founding of the New York State Bar Association, lawyers have played a nearly ubiquitous role in the events that have shaped the history of New York State and nation. A new book, Of Practical...

Westminster Dog Show one of Erie County Deputy District Attorney's unique experiences.
February 2, 2004... Byline: Nora A. Jones Serving as Erie County's Second Deputy District Attorney, Yvonne Vertlieb has had many unique experiences since she joined the DA's office 19 years ago. However, some of her latest challenges have come from her...

Monroe County Bar Assn. Senior Attorneys Committee assists older clients with health care issues.
February 3, 2004... Byline: Nora A. Jones Carolyn Reardon works primarily with clients over the age of 85. "I have many clients in their 90s and over 100 who still live on their own," she noted at a recent meeting of the Monroe County Bar Association's...

Rochester Legal Briefs: February 3, 2004.
February 3, 2004... Byline: Jill Miller Motion Denied A motion to dismiss an indictment on the ground that the evidence did not support the charges is denied. "The evidence presented to the grand jury alleged that the defendant, on three occasions,...

U.S. District Court lets stand prior ruling on a discrimination claim.
February 3, 2004... Byline: Helen Nguyen Should the court grant the plaintiff's motion for reconsideration of his claims of employment discrimination based on certain evidence that the court previously failed to consider? In Brian Winnie v. City of...

Monroe County Court rules upward departure of level offender status not warranted.
February 3, 2004... Byline: Jill Miller Should the Board of Law Examiners' request for an upward departure of the defendant's sex offender level status be granted? This was the central issue before Monroe County Court in the People v. Michael Lonobile....

Monroe County Court Judge Bellini takes over Integrated Domestic Violence Court.
February 3, 2004... Byline: Staff Monroe County Court Judge and Acting New York State Supreme Court Judge Elma Bellini has officially taken over the reigns of the Integrated Domestic Violence Court (IDV Court). In January 2001, New York State Chief Judge...

Town of Amherst receives Selective Traffic Enforcement Program Grant to investigate aggressive driving patterns.
February 4, 2004... Byline: Staff The Town of Amherst Police Department has been awarded a $10,000 STEP Enforcement Grant from the state's Traffic Safety Committee. STEP is an acroynym for "Selective Traffic Enforcement Program," which is aimed at lowering...

Jason Waters honored by NY State Bar Assn.
February 4, 2004... Byline: Staff Jason Waters, an associate at Hiscock & Barclay, LLP, received the Sheldon Hurwitz Young Lawyer award from the Torts, Insurance and Compensation Law section of the New York State Bar Association at its annual meeting on Jan....

Hodgson Russ LLP attorneys speak at health care seminar in NYC.
February 4, 2004... Byline: Staff Ellen V. Weissman and Denise E. O'Donnell, both partners at Hodgson Russ LLP, were guest speakers at the recent Health Care Financial Management Association (HFMA) seminar, held in New York City. HFMA is a membership...

Buffalo State College's art conservation department wins $995,000 Andrew W. Mellon Foundation Grant.
February 4, 2004... Byline: Staff Buffalo State College's Art Conservation Department - one of only three such accredited degree-granting graduate programs in the nation - has received $995,000 from the Andrew W. Mellon Foundation to enable it to...

Webster Town Court declares vehicular stop improper, DWI dismissed.
February 4, 2004... Byline: Jill Miller Did a police officer who wasn't involved in a sobriety checkpoint, have probable cause to stop a vehicle, after he observed what appeared to be the driver attempting to avoid the checkpoint? This was one of the...

Failure to answer complaint results in default judgement.
February 4, 2004... Byline: Helen Nguyen Should the court grant the plaintiff's motion for default against the defendant because the defendant failed to answer the plaintiff's amended complaint? In Samuel Jenkins v. Times Square Books/Video, Trans World...

Monroe County high school students assemble for Round One of 2004 High School Mock Trial Tournament.
February 4, 2004... Byline: Nora A. Jones Teams of Monroe County high school students with teacher advisors and attorney coaches assembled at Brighton High School on Thursday, Jan. 29 for the first round of the 2004 Statewide High School Mock Trial...

Monroe County Bar seeks nominations for Adolph J. Rodenbeck Award.
February 5, 2004... Byline: Staff The Monroe County Bar Association is soliciting nominations for its most prestigious award, the Adolph J. Rodenbeck Award. It will be presented on Friday, April 30 at the annual Law Day luncheon. The award is...

NY State Court of Appeals lists filings for Dec. 19-25, 2003.
February 5, 2004... Byline: 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 reach decision on...

CLE series compares Talmudic law to modern American legal system.
February 5, 2004... Byline: Staff The New York Legal Assistance Group (NYLAG), a not-for-profit law office that provides free civil legal services to low income New Yorkers, and Chabad Lubavitch of Midtown Manhattan have teamed up to present a seminar series...

Court rules gravel driveway constructed in violation of Adirondack Park Act must be removed.
February 5, 2004... Byline: Nora A. Jones Where a property owner constructed a driveway across state-protected wetlands without a proper permit, did the trial court err in granting after-the-fact permits to the current property owner and a neighbor? Was the...

Former Nazi's U.S. citizenship revoked based on conduct during WWII.
February 5, 2004... Byline: Jill Miller Must the defendant be stripped of his U.S. citizenship on the grounds that he assisted the Nazis during World War II? This was the central issue before the U.S. Court of Appeals for the Second Circuit in USA v. Jack...

FCC orders $5.3 million penalty for junk faxes.
February 5, 2004... Byline: Nora A. Jones The Federal Communications Commission imposed a $5,379,000 fine against Fax.com, Inc., a California-based company, for 489 separate violations of the Telephone Consumer Protection Act, 47 USC s. 227(b)(1)(C), and FCC...

Open season for Entrepreneur of Year nominations.
February 6, 2004... Byline: Staff Harris Beach LLP has agreed to continue its corporate sponsorship of the Ernst & Young 2004 upstate New York Entrepreneur of the Year Awards program. The Entrepreneur of the Year Awards were founded by Ernst & Young to...

Bar Association of Erie County committee investigates unauthorized practice of law.
February 6, 2004... Byline: Staff Two Bar Association of Erie County committees recently released their findings following a 15-month investigation of what appears to be the unauthorized practice of law. "Service settlement companies and other non-lawyers are...

'Deliberative process privilege' examined in action against Erie County officials.
February 6, 2004... Byline: Nora A. Jones What is the "deliberative process privilege" and does it protect certain documents of the Erie County government from discovery by the assistant district attorneys of Erie County? This was the underlying question...

Court finds that challenge to calculation of pension fund benefit untimely.
February 6, 2004... Byline: Helen Nguyen In an action where the plaintiff sought to recover additional pension benefits, did sufficient evidence exist to show that the plaintiff received notice of an amendment in the plan which required that legal action be...

Harter Secrest & Emery names new managing partner.
February 6, 2004... Byline: Staff Maureen T. Alston will lead Harter, Secrest & Emery as its new managing partner effective Feb. 1. Alston takes over from Eric Evans, who will be retiring from the firm in the spring. In selecting Alston to lead HS&E, her...

U.S. District Court judge rules on tax assessment dispute between town officials and property owner.
February 9, 2004... Byline: Deborah Fauver A disgruntled landowner's claims against a municipal tax assessor and a municipal judge don't belong in federal court, though claims against the local code officer and highway superintendent did survive an initial...

NY Supreme Court judge reviews deferred compensation funds regarding Genesee Hospital dissolution.
February 9, 2004... Byline: Jill Miller What effect do the terms of Deferred Compensation Agreements have on the distribution of deferred compensation account funds which are part of the dissolution proceeding of Genesee Hospital? New York State Supreme...

Rochester attorney to chair NY State Bar Assn.'s Banking Law Committee.
February 9, 2004... Byline: Staff Bruce J. Baker, a partner of Nixon Peabody LLP, has been appointed chair of the New York State Bar Association's Banking Law Committee. Baker has been a member of the committee for the past nine years. Baker's term will...

Women's steering committee of United Way of Greater Rochester meets for 2004.
February 9, 2004... Byline: Nora A. Jones With a goal of raising $250,000 "of new money" for the United Way of Greater Rochester, Women United Steering Committee members and event coordinators gathered at the Genesee Valley Club for breakfast on Feb. 5. ...

Rochester Legal Briefs: February 9, 2004.
February 9, 2004... Byline: Jill Miller CRIMINAL DECISIONS Motion Denied A motion to inspect the grand jury minutes is granted. However, a motion to dismiss the indictment due to lack of evidence is denied. "Upon review of the grand jury minutes...

Partial listing of new acquisitions at Appellate Division Library.
February 9, 2004... Byline: Staff Judges In Time - Trevor Goring, Montreal, Canada: JustArt International, c1997, 1 v. (unpaged), [10] leaves of plates: col., ill.; 20 cm. Transnational Litigation In A Nutshell - George A. Bermann, St. Paul, MN:...

Continuing legal education credit tracking service helps large law firms.
February 9, 2004... Byline: Staff Passing the New York bar examination is one thing; understanding continuing legal education (CLE) requirements in the state is quite another. Professional development directors in large law firms have the additional challenge...

Second Circuit Court finds plaintiff has standing to challenge Orchard Park's sign ordinance.
February 11, 2004... Byline: Jill Miller Is a local ordinance governing the erection and maintenance of signs in the Town of Orchard Park unconstitutional? This was the central issue before the U.S. Court of Appeals for the Second Circuit in Lamar...

U.S. District Court for W. District of NY remands social security disability case for new hearing.
February 11, 2004... Byline: Helen Nguyen Was the administrative law judge's (ALJ) decision denying the plaintiff disability benefits based on errors of law? Seeking a review of the ALJ's decision, the plaintiff brought the instant action before the U.S....

Three elected to Rochester-based Underberg & Kessler LLP Executive Committee.
February 11, 2004... Byline: Staff John W. Crowe, Patrick L. Cusato and Lewis J. Heisman have been elected to the executive committee of the law firm of Underberg & Kessler LLP. They join Anna E. Lynch, chairperson, who recently succeeded Crowe as managing...

Monroe County Bar Assn.'s Environmental Law Committee meets to discuss CLE plans.
February 11, 2004... Byline: Nora A. Jones Members of the Monroe County Bar Association's Environmental Law Committee met last week with colleagues Vincent Dick from the architectural, engineering and environmental consulting firm of Haley & Aldrick and past...

Boylan Brown law firm announces staff changes for February 11, 2004.
February 11, 2004... Byline: Staff Frank Pavia has been named a partner at Boylan, Brown, Code, Vigdor & Wilson. The firm also announced that Alan S. Lockwood has been named "of counsel." A 1992 graduate of Pace University School of Law, Pavia worked at...

Klein chosen as contributing editor of 2004 Guidebook to New York Taxes.
February 11, 2004... Byline: Staff Mark S. Klein was selected by the editorial board of CCH Inc. to serve as contributing editor of the 2004 Guidebook to New York Taxes. The book offers concise explanations of current legislative, regulatory, judicial, and...

NY Court of Claims rules bridge repainting construction work, not maintenance.
February 12, 2004... Byline: Nora A. Jones Where an object fell and injured claimant's hand while she was preparing a New York State Thruway overpass for repainting, did she establish valid claims under Labor Law s.s. 200, 240(1) or 241(6)? Was the nature of...

U.S. Second Circuit remands robbery conspiracy sentence.
February 12, 2004... Byline: Jill Miller Is a finding of a defendant's intention to steal a certain amount required in order to apply a loss adjustment under the substantive offense guideline of the U.S. Sentencing Guidelines? This was the central question...

Commission Project sponsors battle-of-the-bands benefit.
February 12, 2004... Byline: Staff The Commission Project, with a mission of fostering creatively through music education, is producing a special evening of music featuring bands that include lawyers and bands that include doctors. "The JDs v. MDs" is being...

Commentary: Have you considered joining The United Way's Young Leaders Club?
February 12, 2004... Byline: Staff Advancing your legal career as a young lawyer takes brains, hard work and something that is often even harder to come by - contacts. You may be the best lawyer in town, but without clients it is difficult to advance your...

Little Falls, N.J.-based Glasser LegalWorks acquired by Thomson's FindLaw.
February 12, 2004... Byline: Staff FindLaw, a Thomson business, has acquired Glasser LegalWorks, a producer of legal and law practice seminars, events and publications. The acquisition of Glasser LegalWorks accelerates FindLaw's strategy providing...

U.S. District Court considers liability for attorneys' fees.
February 13, 2004... Byline: Jill Miller Is the plaintiff entitled to attorneys' fees as the prevailing party under the National Historic Preservation Act? Can the plaintiff collect these fees from state agencies? These were the central issues on appeal...

U.S. District Court rules bad faith, fraud not factors in alleged breach of contract case.
February 13, 2004... Byline: Helen Nguyen Did the plaintiff establish that the defendant wrongfully terminated the contract? Is the action governed by New York or Texas law? These were just two of the issues considered by the U.S. District Court for the...

Lead poisoning case in Monroe County settles for $450,000.
February 13, 2004... Byline: Staff A local family has received $450,000 in a settlement for lead poisoning injuries. The family brought a claim against a landlord for injuries their daughter sustained while she was living in rental property in the City of...

Musical revue available as unique fundraiser idea.
February 13, 2004... Byline: Staff Need an escape for a couple of hours from the winter doldrums? Come and join us for a wonderful, uplifting Broadway musical revue that benefits a worthy cause every time it is performed. Each show of And the Beat Goes On,...

Time spent in Florida detention credited to petitioner's New York State conviction.
February 18, 2004... Byline: Jill Miller Should the petitioner, who is serving time in a New York State jail, be given credit for the time he served in a Florida jail, even though the New York charge was not the cause of his detention in Florida? This was...

Summary judgment precluded in age, gender discrimination action against Bausch & Lomb.
February 18, 2004... Byline: Helen Nguyen Do any triable issues of fact exist to preclude summary judgment on the plaintiff's discrimination and retaliation claims against his former employer? In David A. Windhauser v. Bausch & Lomb, Inc., the plaintiff...

Volunteer Lawyers Project recognizes attorneys and law firms at annual reception.
February 18, 2004... Byline: Nora A. Jones Most of the honorees at the 11th Annual Volunteer Recognition Reception knew in advance why they were invited to the Feb. 11 program in the Georgian Room of the Statler Towers - except for Appellate Division, Fourth...

Monroe County Court Judge John Connell announces bid for reelection.
February 18, 2004... Byline: Staff Monroe County Court Judge John Connell has announced his intention to seek reelection in November for a third 10 year term. First appointed in May 1984 by former Gov. Mario Cuomo, the judge was elected to the Monroe...

Legal community presents donation to Food Bank of Western New York.
February 18, 2004... Byline: Staff At a ceremony held in the Erie County Hall on Friday, Feb. 13, 4,626 pounds of food and $5,229 were turned over to Food Bank of Western New York as the culmination of this year's "Have-A-Heart" Food Drive. Bar Association of...

Auction to raise funds for Buffalo Public Interest Law fellowships.
February 18, 2004... Byline: Staff Want to feel good while snagging a bargain? Then attend the Buffalo Public Interest Law Program's 9th annual fundraising auction. This year, the live and silent auction will be held at the Rich Renaissance Niagara Conference...

Discussion on reconciling catholicism and feminism to be held at Niagara University.
February 18, 2004... Byline: Staff On Saturday, Feb. 28, Niagara University will host a panel discussion on a recently published book, Reconciling Catholicism and Feminism: Personal Reflections on Tradition and Change. The book is a collection of essays by 22...

New York Court of Appeals narrows education law's definition of residence.
February 19, 2004... Byline: Jill Miller Which school district is responsible for paying the educational costs for children who, immediately before their placement in foster care, lived in a homeless shelter with their mother? This was the issue before New...

Second Circuit's Judge Richard Wesley shares thoughts, commentary.
February 19, 2004... Byline: Jill Miller U.S. Court of Appeals for the Second Circuit Judge Richard Wesley was in town last week to share some thoughts and observations on the Second Circuit and his former bench, the New York State Court of Appeals. Judge...

Yates County sergeant receives award for 'Court Officer Of The Year'.
February 19, 2004... Byline: Nora A. Jones The Executive Committee of the New York State Sheriff's Association created a "Court Officer of the Year Award" to recognize deputy sheriffs and officers assigned to court security. The first such award was presented...

NY state task force to focus on issues of small firms and solo practitioners.
February 19, 2004... Byline: Staff June M. Castellano, current president of the Monroe County Bar Association, has been selected to head a state bar panel on solo and small firms. The "Solo and Small Firm Task Force" was recently announced by New York Chief...

NY appellate court considers parameters of the homeowner exemption within labor laws.
February 20, 2004... Byline: Nora A. Jones Did the trial court's ruling in a construction accident case properly consider the homeowner exemption within the meaning of Labor Law s.s. 240 and 241? Does the statutory exemption from strict liability offered to...

U.S. District Court denies Batson claim and dismisses habeas corpus petition.
February 20, 2004... Byline: Helen Nguyen Were the petitioner's constitutional rights violated under the Fourteenth Amendment when the trial court denied the petitioner's Batson motion? Did the trial court err when it denied the petitioner's motion to suppress...

Monroe County Domestic Violence Consortium holds annual legislative breakfast meeting.
February 20, 2004... Byline: Jill Miller In an effort to educate others on the realities of domestic violence, two survivors shared their stories of abuse and harassment with attendees of the Rochester/Monroe County Domestic Violence Consortium's Fifth Annual...

NY State Bar Assn. appoints committee to ensure quality representation of indigents.
February 20, 2004... Byline: Staff With many counties struggling to face the reality of increased assigned counsel rates, New York State Bar Association President A. Thomas Levin has appointed a special committee to ensure that the indigent, including criminal...

U.S. District Court rejects retiree's second attempt at lawsuit against company's retirement plan.
February 23, 2004... Byline: Deborah Fauver Should a Corning, Inc. retiree be given a second chance to argue that the company retirement plan was too heavily invested in company stock and otherwise mismanaged? Not without a showing of manifest injustice,...

NY State Court of Appeals rules defendant's tattoos support motive for committing hate crime.
February 23, 2004... Byline: Jill Miller Can the prosecution introduce photographs of the defendant's tattoos as evidence of the defendant's motive for committing a hate crime? In the People v. Christopher Slavin, the defendant asserts that the trial...

Bob Cook announces campaign to run for Monroe County Clerk.
February 23, 2004... Byline: Staff Vowing to reopen the downtown branch of the Department of Motor Vehicles, Bob Cook announced his candidacy for Monroe County Clerk at a news conference last week. In his role as counsel to the New York State Assembly...

Harris Beach adds partner to Rochester office.
February 23, 2004... Byline: Staff Michael J. Townsend has joined the Rochester office of Harris Beach as a partner in the Public Finance/Economic Development and Commercial Real Estate Development and Finance Practice Groups. His primary areas of practice...

Rochester Legal Briefs: February 23, 2004.
February 23, 2004... Byline: Staff In civil appeals by the Appellate Division, Fourth Department, personal injury decisions involving amount of damages and the extent of discovery were decided. CIVIL DECISIONS Discovery - Psychological Records ...

Oneida Ltd. finds buyer for Buffalo China's assets.
February 23, 2004... Byline: Staff Oneida Ltd. agreed to sell some assets of its Buffalo China dinnerware factory to BC Acquisition Co. LLC for $5.5 million cash. In October, Oneida announced that it was closing the 100-year-old Buffalo China plant and...

Magavern, Magavern & Grimm announces new female partners.
February 23, 2004... Byline: Staff Magavern, Magavern & Grimm, LLP announced last month that Aven Rennie and Jennie M. Muscarella have become partners. Both were previously associate attorneys at the firm. Rennie concentrates her practice in the area of...

New York State Court of Appeals lists recent appeals filed.
February 23, 2004... Byline: 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 reach decision on...

NY State court rules social services can bring severe abuse petition on behalf of deceased infant.
February 24, 2004... Byline: Jill Miller Can a deceased child be the subject of an abuse petition? This was the central question before New York State's highest court in In the Matter of Alijah C., et al., Alleged to be Abused and/or Neglected Children. A...

NY Chief Judge Judith Kaye's 'State of the Judiciary' Address for 2004.
February 24, 2004... Byline: Staff In early February, New York's Chief Judge Judith S. Kaye delivered the annual "State of the Judiciary" address. Family justice was one issue she addressed. Below are excerpts from this portion of her address. Other segments...

NY State Supreme Court judge presents continuing legal education program on attorney ethics.
February 24, 2004... Byline: Nora A. Jones Judge Raymond Cornelius, New York State Supreme Court, Monroe County, served as chair and moderator for a two credit hour continuing legal education program titled "Disciplinary Grievances Against Lawyers and How to...

March 31 deadline for law firm compensation reports.
February 24, 2004... Byline: Staff Law firms face a new filing requirement under Part 36 of the Rules of the Chief Judge. Whenever total part 36 compensation of members, associates and employees is $50,000 or more in any calendar year, a law firm must file...

Volunteers needed for America's Walk for Diabetes.
February 24, 2004... Byline: Staff Once again, Culley, Marks, Tanenbaum & Pezzulo has joined forces with the American Diabetes Association. Join the American Diabetes Association for their Interested Parties Meeting for America's Walk for Diabetes from...

Two CPAs at Nixon Peabody earn CFP designations.
February 24, 2004... Byline: Staff Thomas M. Farace and Richard T. Bentley, of Nixon Peabody, recently completed the requirements to become certified financial planners, earning the privilege to use the CFP and Certified Financial Planner registered marks....

Tax and benefits attorney joins Woods Oviatt Gilman.
February 24, 2004... Byline: Staff Tax and employee benefits attorney Robert W. Croessmann has joined Woods Oviatt Gilman LLP as a partner, according to the firm's managing partner James P. McElheny. Croessmann will become a member of Woods Oviatt's...

NY electronic security equipment retailer recalls imitation smoke detectors after investigation.
February 24, 2004... Byline: Staff A Western New York electronic security equipment retailer is recalling surveillance cameras designed to look like smoke detectors, according to New York State Attorney General Eliot Spitzer. Robert J. Crowley, the owner...

NY appellate court reviews personal injury case involving potential liability for serving alcohol.
February 25, 2004... Byline: Nora A. Jones Should the personal injury complaint against the Niagara Falls Country Club be dismissed where NFCC employees testified that they did not recall defendant Baron's visible intoxication on the date plaintiff's vehicle...

Paralegal's constitutional claims against Erie County correctional facility 'without merit'.
February 25, 2004... Byline: Helen Nguyen In a case where a corrections officer denied a paralegal's request to see an inmate, were the paralegal's and inmate's constitutional rights violated under the Sixth and Fourteenth Amendments? The U.S. District...

NY Chief Judge Judith S. Kaye's 'State Of The Judiciary' Address for 2004: Part II.
February 25, 2004... Byline: Judith S. Kaye In early February, New York's Chief Judge Judith S. Kaye delivered the annual "State of the Judiciary" address. Her opening comments focused on three words: pride, perseverance and optimism. From there she reviewed...