Daily Record (Rochester, NY) articles from February 2005

Daily Record (Rochester, NY) archives from February 2005

Plaintiff's labor law claims reinstated by Appellate Division, Fourth Dept.
February 1, 2005... Byline: Kevin M. Momot Where the plaintiff brought a cause of action under Labor Law s.s. 240(1) and 241(6) for injuries sustained when he was struck by a cable, there was a triable issue regarding whether one of the defendants was the...

NY State Supreme Court says defense allowed to interview treating physician.
February 1, 2005... Byline: Jill Miller In a medical malpractice action, a New York State Supreme Court judge granted the defendants request for an order compelling the plaintiff to sign and provide them with Health Insurance and Portability Accountability...

Health care directives, medicaid planning focus of upcoming Monroe County Bar Assn. CLEs.
February 1, 2005... Byline: Daily Record Staff Inevitably, clients, family and friends will assume that all attorneys can answer questions about long-term care planning. However, not every attorney is well-versed in the complex laws governing substituted...

Women's Bar Assn. of the State of NY speaks out against death penalty.
February 1, 2005... Byline: Daily Record Staff The Women's Bar Association of the State of New York (WBASNY) issued a statement last week reiterating its long standing opposition to reinstituting the death penalty in New York State. The statement was...

NY State Court of Appeals lists filings for January 7-13, 2005.
February 1, 2005... 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...

Roger Avery remembered as highly respected Rochester trial attorney.
February 1, 2005... Byline: Daily Record Staff Described by his colleagues as a well-known, highly regarded trial lawyer and devoted family man, the Rochester legal community was recently saddened by the loss of Roger W. Avery after his battle with cancer....

Maintenance award to defendant increased by NY Supreme Court, Appellate Division.
February 2, 2005... Byline: Helen Nguyen In a marital dispute between two ex-spouses over the distribution of property and the wife's weekly maintenance award, the New York Supreme Court, Appellate Division, Fourth Department unanimously modified an order by...

Onandage County Family Court finds reunification with parents not in child's best interests.
February 2, 2005... Byline: Jill Miller The mother and father of the subject child have failed to prove that it would be in the child's best interests to work at reunification. As a result, the department of social services' motion for an order that...

CIO of Rochester's Nixon Peabody honored by 'Computerworld' magazine.
February 2, 2005... Byline: Daily Record Staff Computerworld magazine, has recognized Barbara Kunkel, CIO of Nixon Peabody LLP, as one of the business world's "Premier 100 IT Leaders." The award honors executives who show exemplary technology leadership...

Guitar camp takes Rochester atty's bass playing into broader circles.
February 2, 2005... Byline: Nora A. Jones When Greg Franklin attended an instructional guitar camp at Jorma Kaukonen's Fur Peace Ranch in 1999, he enjoyed a weekend of camaraderie with fellow musicians, professional instruction and musical gratification. He...

NY-based American Electric to pay $30M to resolve criminal allegations.
February 2, 2005... Byline: Daily Record Staff The U.S. Department of Justice (department) has entered into an agreement with American Electric Power, Inc. (AEP), a New York corporation, and AEP's wholly-owned subsidiary, AEP Energy Services, Inc. (AEPES),...

Abandonment petition and termination of parental rights affirmed by Fourth Dept.
February 2, 2005... Byline: Kevin M. Momot Where the respondent mother appealed from an order determining her child was abandoned and terminating her parental rights, evidence of sporadic and insubstantial contacts did not defeat the abandonment petition....

NY State Court of Claims says Village of Springville responsible for sidewalk repair.
February 3, 2005... Byline: Kevin M. Momot Where the claimant brought a claim against the State of New York for injuries sustained in a slip and fall accident on a sidewalk in the Village of Springville, responsibility for repair and maintenance of the...

Motion to suppress identification testimony denied by Monroe County Court judge.
February 3, 2005... Byline: Jill Miller The observations made by police as they arrived at the scene of the crime along with the actions of the victim who pointed out the defendant as he attempted to flee the scene provided the police with enough cause to...

NY State Supreme Court judge to deliver keynote at Susan B. Anthony Dinner.
February 3, 2005... Byline: Daily Record Staff Laura E. Drager, acting judge of the New York State Supreme Court and a 1970 graduate of the University of Rochester, will be the keynote speaker at the annual Susan B. Anthony Legacy Dinner. Drager will...

Rochester Legal Briefs: February 3, 2005.
February 3, 2005... Byline: Jill Miller Criminal Decisions Request For Re-Sentencing Denied A defendant's request for re-sentencing pursuant to the new sentencing provisions of Penal Section 70.71 is denied. "This court has determined that this...

Niagara County judge rules evidence did not corroborate testimony, dismisses indictment.
February 4, 2005... Byline: Helen Nguyen In a case where the defendant was indicted for criminal possession of marihuana, Niagara County Court Judge Peter L. Broderick, Sr. granted the defendant's request to dismiss count one of the indictment. In People...

NY county court judge dismisses indictment after 15-month delay by prosecution.
February 4, 2005... Byline: Jill Miller Because the prosecution failed to offer an explanation as to why there was a 15-month delay between the defendant's alleged criminal conduct and his arraignment, a county court judge dismissed the indictment. In...

Federal trial courts urged to continue filing sentencing documents.
February 4, 2005... Byline: Staff In the wake of the Supreme Court decision in United States v. Booker on sentencing guidelines, all federal trial courts are being urged to continue submitting sentencing documents to the U.S. Sentencing Commission. In a...

American Bar Assn. issues new draft rules on political activity by judges and judicial candidates.
February 4, 2005... Byline: Staff The American Bar Association's joint commission proposing revisions to the Model Code of Judicial Conduct released new draft rules on political activity by judges and judicial candidates, covered in Canon 5 of the existing...

SNY State Senate-Assembly task force to reform legislative process.
February 4, 2005... Byline: Staff The New York State Senate passed legislation that would create a bipartisan Senate-Assembly task force to recommend changes to long-standing legislative procedures so that the process is more open and better serves the...

Rochester Legal Briefs: February 4, 2005.
February 4, 2005... Byline: Jill Miller Criminal Decisions Motion Denied A motion to inspect the grand jury minutes was granted. However, a motion to reduce or dismiss the indictment is denied. The defendant is charged with two counts of Murder...

Edmunds to serve on NY State Bar Assn.'s executive committee as diversity representative.
February 4, 2005... Byline: Staff David L. Edmunds, Jr., chief counsel to the Attorney Grievance Committee for the Fourth Judicial Department, has been elected to serve as a member at-large of the New York State Bar Association's Executive Committee. A...

U.S. District Court finds plaintiff not disabled under ADA standards.
February 7, 2005... Byline: Helen Nguyen Despite the fact the plaintiff could not return to his previous job of driving trucks for his former employer because of 20/200 vision in his right eye following a stroke, the U.S. District Court for the Western...

Trooper's identification of defendant deemed valid by Monroe County Court judge.
February 7, 2005... Byline: Jill Miller The identification of the defendant by an undercover trooper who had just purchased cocaine from the defendant was valid and proper. As a result, the defendant's motion to suppress this identification testimony was...

Rochester's Wills Clinic helps HIV/AIDS victims.
February 7, 2005... Byline: Nora A. Jones Despite a day of constant snowfall and single digit temperatures on Wednesday, Jan. 26, 13 clients braved the winter weather to attend a free Wills Clinic offered by Volunteer Legal Services Project. The clinic was...

Monroe County Magistrates Association elects new officers.
February 7, 2005... Byline: Daily Record Staff The Monroe County Magistrates Association held its annual dinner on Saturday, Jan. 29 at the Clarion Riverside Hotel. U.S. District Court for the Western District of New York Judge Charles Siragusa gave the...

Rule established to implement Justice For All Act of 2004.
February 7, 2005... Byline: Daily Record Staff An interim rule has been established to implement section 203(b) of the Justice for All Act of 2004, passed by Congress as Public Law 108-405 and signed into law by President Bush on Oct. 30, 2004. The rule will...

NY atty. Neil Garvey destined to combine legal vocation, theatrical avocation.
February 7, 2005... Byline: Nora A. Jones When asked why he chose a legal career, Neil Garvey claims, "The law chose me." And when you learn about his first performance with Shakespeare in Delaware Park, you have to wonder how much fate had to do with...

Unresolved equity rights in real property thwart motions in U.S. Bankruptcy Court.
February 8, 2005... Byline: Nora A. Jones In an adversary proceeding brought by a Chapter 7 trustee, the U.S. Bankruptcy Court for the Western District of New York heard arguments on various motions in Mark S. Wallach, Trustee v. William P. Brosnahan, Jr.;...

Inmate's Eighth Amendment claim dismissed by U.S. District Court for Western District of NY.
February 8, 2005... Byline: Helen Nguyen Finding there was insufficient evidence to support an inmate's claim that prison officials were deliberately indifferent to his medical needs, the U.S. District Court for the Western District of New York dismissed his...

NY Supreme Court rules ban on same-sex marriage unconstitutional.
February 8, 2005... Byline: Daily Record Staff On Friday, Feb. 4, State Supreme Court, New York County, Judge Doris Ling-Cohan declared a law banning same-sex marriage unconstitutional, ordering the New York City Clerk's Office to issue marriage licenses to...

Bar Assn. of Erie County receives Award of Merit.
February 8, 2005... Byline: Daily Record Staff The Bar Association of Erie County was one of four organizations that recieved the 2004 Award of Merit for local bar assocations from the New York State Conference of Bar Leaders (NYSCBL). The awards commend...

ACLU requests documents relating to abuse of detainees.
February 8, 2005... Byline: Daily Record Staff A federal judge rejected an attempt by the Central Intelligence Agency to indefinitely delay the processing and release of documents pertaining to the torture or abuse of detainees held by the U.S. government....

NY State Court of Appeals lists filings for January 7-13, 2005.
February 8, 2005... 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...

NY Supreme Court, Appellate Division orders new trial to determine culpability in car accident.
February 9, 2005... Byline: Helen Nguyen In a car accident involving an unusual set of circumstances where a father ran over his 15-year-old daughter with his pickup truck, the New York Supreme Court, Appellate Division, Fourth Department unanimously modified...

Trusts' adoption exclusion scrutinized by NY County Surrogate's Court judge.
February 9, 2005... Byline: Jill Miller The terms of a trust prohibiting recognition of adopted children does not apply to two of the settlor's grandchildren who were the product of a surrogacy arrangement. This was the finding of New York County...

Rochester/ Monroe County Domestic Violence Consortium unveils 2005 legislative agenda.
February 9, 2005... Byline: Jill Miller Community leaders, legislators, law makers, judges, attorneys and law enforcement personnel recently gathered to hear and discuss proposed legislation designed to assist victims of domestic violence on the road to...

Information on NY's Indigent Defense Services available online.
February 9, 2005... Byline: Daily Record Staff A new web page devoted to the Commission on the Future of Indigent Defense Services can be accessed through the New York State Unified Court System website at...

NY State Supreme Court says insurance carrier must defend, indemnify plaintiff in federal action.
February 10, 2005... Byline: Kevin M. Momot Where the plaintiffs contended its insurance carrier was required to provide defense and indemnification in a federal action alleging false advertising and misappropriation of trade secrets (among other claims),...

NY State Supreme Court judge grants motion to compel arbitration.
February 10, 2005... Byline: Jill Miller The plaintiffs, two disaffected members of an LLC, requested a preliminary injunction enjoining the LLC from making any money payments or other assets owned by it to any member of the LLC. The request was denied by a...

Judge Fisher details procedures for Commercial Division, Seventh Judicial District.
February 10, 2005... Byline: Jill Miller January 2005 marked the beginning of a New Year and the beginning of a new assignment for New York State Supreme Court Judge Kenneth Fisher. Judge Fisher took over as presiding judge of the Commercial Division on...

Techniques for coping with stress discussed at Greater Rochester Assn. for Women Attorneys program.
February 10, 2005... Byline: Nora A. Jones Law is a stressful profession. Sometimes extremely stressful. A two credit hour continuing legal education program titled "Stress and Ethics: Lawyers Who Lose It," focused on ways to cope with stress and suggested...

Monroe County Bar Assn. hosting continuing legal ed. program focusing on the "Lawyer as Employer".
February 10, 2005... Byline: Staff More and more attorneys are joining small firms or opening their own law offices. Practicing law can sometimes seem like a piece of cake when, in addition to baking the cake, the attorney needs to purchase the ingredients,...

Restitution deemed excessive by Second Circuit.
February 11, 2005... Byline: Helen Nguyen In a case where the defendant pleaded guilty to a misdemeanor charge of making fraudulent demands against the government, the U.S. Court of Appeals for the Second Circuit held the $237,000 in restitution that the U.S....

Absentee and affidavit ballots scrutinized by NY State Court of Appeals.
February 11, 2005... Byline: Jill Miller Electoral ballots must be counted in situations where the only dispute centered around the Board of Elections' ministerial errors. This was the finding of the state's highest court in the Matter of Rosemarie Panio...

U.S. Court of Appeals for the Second Circuit adopts interim rule on amicus curiae.
February 11, 2005... Byline: Staff On Feb. 7, the U.S. Court of Appeals for the Second Circuit amended its Local Rules on an interim basis by adopting Local Rule 29. The text of the rule states: Interim Local Rule 29 Brief of an Amicus Curiae The...

NYC civil court and service groups unveil homelessness prevention program.
February 11, 2005... Byline: Staff The Civil Court of the City of New York, United Way of New York City, Legal Services for New York City-Bronx, and Women in Need have implemented a new homelessness prevention program - the first of its kind in the nation -...

New York State Court of Appeals lists more January filings.
February 11, 2005... 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...

Bar Association of Erie County continues commitment to annual food drive effort.
February 11, 2005... Byline: Staff For the past 15 years, the Bar Association of Erie County has expressed its commitment to helping the hungry in the community through its "Have-A-Heart" food drive. In the past, the drive mobilized the legal community to...

Phillips Lytle Partner named incoming chairman of March of Dimes Upstate New York Chapter.
February 11, 2005... Byline: Staff William D. Christ, a partner in the Buffalo office of Phillips Lytle LLP, has been named incoming chairman for the March of Dimes Upstate New York Chapter. Christ has been involved with the March of Dimes for the past three...

Students' enthusiasm shines at round one of Sydney R. Rubin Mock Trial Competition.
February 14, 2005... Byline: Nora A. Jones Attorney-coaches, students, teacher-coaches, attorney-judges, parents and friends gathered at Brighton High School on Tuesday, Feb. 8 to kick-off the first round of the annual Statewide High School Mock Trial...

Summons and complaint are timely, NY State Supreme Court rules.
February 14, 2005... Byline: Helen Nguyen Despite a summons and complaint not being date-stamped by the county clerk's office until three days after the statute of limitations expired, the New York State Supreme Court, Appellate Division, Fourth Department...

Motion to dismiss complaint granted by Webster Town Court judge.
February 14, 2005... Byline: Jill Miller Concluding the defendant's threatening statements were the result of spontaneous anger and were not premeditated, a Webster Town Court judge granted the defendant's motion to dismiss the complaint. In People v....

Judge Kaye presents NY's State Of Judiciary Address.
February 14, 2005... Byline: Daily Record Staff Matrimonial and family court initiatives, criminal and civil justice issues, access to justice and jury reform were just a few of the topics New York State Chief Judge Judith Kaye explored in her 2005 State of...

Monroe County Bar Assn. hosts general counsel roundtable on Feb. 16.
February 14, 2005... Byline: Daily Record Staff How often do attorneys have the opportunity to hear what general counsel of major organizations have to say on various elements of in-house and outside legal representation? The Monroe County Bar Association...

Drug counselor should attend closed trial, NY State Court of Appeals finds.
February 15, 2005... Byline: Jill Miller Where a defendant has shown there is a special relationship between a proposed spectator and the defendant in that the spectator provides moral and emotional support that might be expected from a family member, the...

Public Employment Relations Board determination against City of Rochester annulled.
February 15, 2005... Byline: Helen Nguyen In annulling a determination made by the Public Employment Relations Board (PERB) against the City of Rochester, the New York State Supreme Court, Appellate Division, Fourth Department concluded PERB abused its...

Federal Reserve Board governor presents at Harris Beach's Pittsford seminar.
February 15, 2005... Byline: Kevin M. Momot On Monday, Feb. 7, approximately 50 attorneys, bankers and members of the business community attended an early morning seminar presented at Harris Beach LLP's Pittsford office. Titled "A View of the Economy...

NY State Bar Assn. honors two Rochester-area attorneys.
February 15, 2005... Byline: Daily Record Staff Two local attorneys were recently honored by the New York State Bar Association. Laurie Giordano, an attorney with Wolford and Leclair, LLP, received the Young Lawyer Award and Chair of the Year Award from...

NY State Court of Appeals Lists filings for January 21-27, 2005.
February 15, 2005... 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...

Rochester Legal Briefs: February 15, 2005.
February 15, 2005... Byline: Daily Record Staff The Appellate Division, Fourth Department's set of decisions handed down on Feb. 4 included several rulings that reviewed summary judgment motions. CIVIL DECISIONS Labor Law s. 200 - Partial Summary...

Police stop of defendant's vehicle justified, Dewitt Town Court judge says.
February 16, 2005... Byline: Jill Miller A police officer's decision to stop the defendant's vehicle based on a radio transmission from another officer was proper. As a result, the defendant's motion to dismiss was denied. In People v. Craig Humpleby, the...

Alternative incarceration program discontinued by Bureau of Prisons.
February 16, 2005... Byline: Nora A. Jones Without consulting federal judges or other members of the legal profession, the Bureau of Prisons decided to close down the Intensive Confinement Center (ICC) program - a shock treatment camp designed to rehabilitate...

Nat'l College for DUI Defense's The Journal names new editor.
February 16, 2005... Byline: Daily Record Staff DWI specialist Edward L. Fiandach has been named editor of The Journal, a publication for the National College for DUI Defense. The Journal, which is published twice annually, will contain scholarly articles...

NY-based The Center for Youth's exec. director receives leadership award.
February 16, 2005... Byline: Daily Record Staff Elaine Gallina Spaull, executive director of The Center for Youth was recently recognized for her leadership, dedication to area youth and her work with the Youth Services Quality Council. Spaull received the...

Hodgson Russ tops Buffalo law firms with most attorneys named to 'Best Lawyers in America'.
February 16, 2005... Byline: Daily Record Staff Thirty-one Hodgson Russ LLP attorneys were recently named in the 11th edition of The Best Lawyers in America. Twenty-nine of those attorneys are listed under the firm's Buffalo headquarters - making Hodgson Russ...

DNA evidence focus of habeas petition in U.S. District Court case.
February 17, 2005... Byline: Helen Nguyen Despite the trial court's error in precluding the petitioner from presenting DNA evidence which he contended would have proven he did not rape a woman, the U.S. District Court for the Western District of New York...

Ontario County Court judge allows test result for parole violation hearing.
February 17, 2005... Byline: Jill Miller Concluding a violation of probation is not a criminal prosecution, an Ontario County Court judge determined Crawford v. Washington was not applicable to the case at hand. As a result, the judge admitted into evidence a...

NY State Unified Court System's Quality Service Award recipient named.
February 17, 2005... Byline: Daily Record Staff Sheila Weir Schwanekamp, an associate court attorney in Erie County and 22 year employee of the Unified Court System, received the New York State Unified Court System's Quality Service Award for 2004, for the...

Rochester Legal Briefs: February 17, 2005.
February 17, 2005... Byline: Daily Record Staff In criminal decisions by the Fourth Department, one issue addressed was whether the husband-wife privilege was waived by the communication being revealed to third parties. The appeals court also reviewed whether...

NY State budget could drain $43.5M from Rochester-area health care providers.
February 17, 2005... Byline: Daily Record Staff Gov. George Pataki's proposed budget, which cuts reimbursement rates and raises taxes on health care providers, would cost Rochester-area nursing homes and hospitals $43.5 million annually, according to an...

Monroe County Family Court judge grants extension of child's placement.
February 18, 2005... Byline: Jill Miller A child's inability to control his temper and impulsive behavior along with his mental health issues led a Monroe County Family Court judge to extend the child's placement with the Office of Children and Family...

NY State Court of Claims rules negligence claim against state can proceed.
February 18, 2005... Byline: Helen Nguyen In a case where the claimant alleged she injured herself after falling at a road construction site, the New York State Court of Claims granted her motion to file a claim against the State of New York. Citing Court...

Monroe County Bar Assn. Law Day Committee finalizes plans for this year's events.
February 18, 2005... Byline: Nora A. Jones With the 2005 Law Day theme "The American Jury: We The People In Action" it is particularly appropriate that a county court judge is heading up the Monroe County Bar Association's Law Day Committee. Judge Frank...

New York State Bar Association comments on state budget.
February 18, 2005... Byline: Staff New York State Bar Association President Kenneth G. Standard urged lawmakers to approve the court's $2.1 billion budget request in testimony submitted to a joint legislative hearing on the proposed budget for the state's...

Rochester Legal Briefs: February 18, 2005.
February 18, 2005... Byline: Staff The Appellate Division, Fourth Department's recent decisions include issues relating to attorney's fees and legal malpractice. The appeals court addressed whether, in a contempt proceeding, attorney's fees expended on an...

U.S. Senate considers new liability standards for bankruptcy attorneys.
February 18, 2005... Byline: Staff A proposal now being considered by the U.S. Senate would impose new liability standards and regulations on debtors' attorneys in bankruptcy cases. If these standards become law, they could impact many debtors' bankruptcy...

NY State Court of Appeals rules Criminal Procedure Law authorizes filing of second information.
February 22, 2005... Byline: Jill Miller The People may file a new information that alleges additional facts or charges offenses that were not included in a previously filed information but stem from the same criminal transaction. This was the finding of...

New York State Supreme Court modifies patient's residency, guardianship.
February 22, 2005... Byline: Helen Nguyen In a dispute between two sisters over the appropriate treatment facility for their mother who is affected by Alzheimer's disease, the New York State Supreme Court, Appellate Division, Fourth Department unanimously...

Monroe County Bar Assn. CLE focuses on lawyers as employers.
February 22, 2005... Byline: Jill Miller Presumption of employment at will, record keeping requirements, the right way to discharge an employee and insurance coverage considerations are just a few of the things lawyers who serve as employers must consider as...

Rochester law firm of Underberg & Kessler relocates offices.
February 22, 2005... Byline: Staff Over the weekend, Underberg & Kessler, LLP moved from the space the law firm occupied for 30 years at Chase Square into the Bausch & Lomb Building. "The new facility is exceptionally well equipped and ideal for the...

Rochester home listings skyrocket in new year.
February 22, 2005... Byline: Jill Miller The number of homes listed for sale jumped 59.4 percent in January as compared to December. According to the Greater Rochester Association of Realtors, 1,581 homes were on the market last month compared to 992 in...

Rochester Legal Briefs: February 22, 2005.
February 22, 2005... Byline: Staff Appellate Division, Fourth Department decisions addressed various civil issues, including the "preemption" doctrine, and the interpretation of a general release signed by a man injured in a car accident. CIVIL DECISIONS...