Daily Record (Rochester, NY) articles from February 2006

Daily Record (Rochester, NY) archives from February 2006

Employment discrimination claims dismissed by district court.
February 1, 2006... Byline: Helen Nguyen In a discrimination case before the U.S. District Court for the Western District of New York, the court concluded there was insufficient evidence that Wal-Mart discriminated against the plaintiff, an African-American...

Monroe County Court denies defendant's motion seeking poor person status.
February 1, 2006... Byline: Sarah M. Feingold Where the defendant was serving 25 years to life in a New York State correctional facility and had no income or valuable property, he sought a free copy of the stenographic transcript of the proceedings. ...

Foundation of Monroe County Bar seeks Humanitarian Award nominations.
February 1, 2006... Byline: Daily Record Staff The Foundation of the Monroe County Bar is currently accepting nominations for this year's Humanitarian Award to be presented at the Law Day luncheon on May 1. The award recognizes individuals and organizations...

N.Y. Court of Appeals lists more January 2006 filings.
February 1, 2006... 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...

Commentary: Good old boys club may equal sex discrimination.
February 1, 2006... Byline: Lindy Korn A magazine employee's sex and age discrimination and retaliation claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and Connecticut state law may proceed, the U.S. District Court...

Disability case remanded due to administrative law judge's error.
February 2, 2006... Byline: Helen Nguyen Determining that the administrative law judge (ALJ) erred when evaluating the plaintiff's eligibility for disability benefits, the U.S. District Court for the Western District of New York remanded the case back for...

School psychologist entitled to tenure by estoppel.
February 2, 2006... Byline: Sarah M. Feingold Where the petitioner was employed as a school psychologist, she alleged entitlement to tenure by estoppel. Reviewing the facts in Kimberly Hacker v. Questar III, formerly known as Rensselaer- Columbia-Greene...

NY State Bar calls for enhanced regulation of lawyer advertising.
February 2, 2006... Byline: Daily Record Staff As part of a campaign under New York State Bar President A. Vincent Buzard to improve public understanding of the legal system and the role of lawyers in society, the association's House of Delegates has voted to...

New York State Court of Appeals lists filings for Dec. 30-Jan.7, 2005.
February 2, 2006... 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...

Board of education rule involving IEPs did not violate First Amendment rights.
February 3, 2006... Byline: Helen Nguyen Whether a rule which bars members of a school district's board of education from reading the individualized education programs (IEPs) of disabled students violates a board member's rights under the First Amendment was...

Inmate's medical malpractice claim dismissed by NY state court.
February 3, 2006... Byline: Sarah M. Feingold Where the claimant alleged the defendant's agents failed to provide him with adequate and timely medical care, and also alleged constitutional violations stemming from such failure, the defendant moved to dismiss...

Harris Beach PLLC presents 'Public Policies for Economic Growth'.
February 3, 2006... Byline: Sarah M. Feingold On Tuesday, Jan. 31, Harris Beach PLLC held a discussion concerning national public policies for economic growth. The event featured John J. Castellani, the president of the Business Roundtable and Congressman...

Fabric, yarn help NY State Supreme Court Justice Janice Rosa relax when away from work.
February 3, 2006... Byline: Nora A. Jones Although her mother taught her to sew and knit when she was in grade school (at a time when these were viewed as required life skills), in adulthood, New York State Supreme Court Justice Janice M. Rosa discovered...

Friedman named deputy director of University at Buffalo Institute.
February 6, 2006... Byline: Daily Record Staff Kathryn Bryk Friedman, an attorney with a background in public policy and international law and governance, was named the new deputy director of the University at Buffalo Institute for Local Governance and...

Monroe County Court rules defendant had standing to challenge police search of premises.
February 6, 2006... Byline: Sarah M. Feingold Where the police conducted a warrantless search of the residence belonging to the defendant's girlfriend, the defendant challenged the search. The People argued the defendant lacked standing. Reviewing the...

Greater Rochester Assn. for Women Attorneys' Mentoring Committee hosts evening event.
February 6, 2006... Byline: Nora A. Jones Diane Cecero opened her home for a meeting of mentors and mentees on Monday, Jan. 30. With no formal agenda, it was largely a social event, providing an opportunity for some newer GRAWA members to meet more...

Nat. Assn. of Law Placement Foundation study reveals conflicts in attorneys' personal lives.
February 6, 2006... Byline: Daily Record Staff Lack of time spent with their families and excessive work hours are driving qualified attorneys toward the exit door, according to a research report funded by the National Association of Law Placement Foundation....

NY Daily Record seeks 'Leaders in Law' nominations from Buffalo legal community.
February 6, 2006... Byline: Kevin M. Momot In March, The Daily Record will be honoring five members of the Buffalo legal community with the inaugural "Leaders in Law" Award. The award will recognize individuals within the Eighth Judicial District whose...

U.S. Bankruptcy Court discharges student loans.
February 7, 2006... Byline: Kevin M. Momot Contending that repayment of her student loan would impose an undue hardship, the debtor commenced an adversary proceeding to discharge the loan. The central issue of the case was whether a determination of hardship...

NY State Supreme Court, Kings County rules service by guardian ad litem was improper.
February 7, 2006... Byline: Sarah M. Feingold In a foreclosure action, a guardian attempted to contact the defendants and the plaintiff bank issued an order of publication. Reviewing the facts in First Union National Bank v. Estate of Robert L. Bailey,...

New York State Court of Appeals lists filings for Dec. 30, 2005 through Jan. 7, 2006.
February 7, 2006... 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...

Liability at issue following worker's injury.
February 8, 2006... Byline: Sarah M. Feingold Where an employee was injured on the job, he submitted a motion seeking partial summary judgment on the issue of liability. Reviewing the facts in Joseph K. Wonderling v. CSX Transportation, Inc., New York...

NY State Chief Judge Kaye delivers annual 'State of the Judiciary' address.
February 8, 2006... Byline: Daily Record Staff On Monday, Feb. 6, New York State Chief Judge Judith S. Kaye presented the annual "State of the Judiciary" address. Judicial Salaries and judicial elections were two areas examined, and the following exerpts from...

2006 Survey of Florida Law Update available at Monroe County Bar Assn.
February 8, 2006... Byline: Daily Record Staff Each year, the Monroe County Bar Center for Education (MCBCE) obtains the Survey of Florida Law Update audio tapes so that attorneys licensed in Florida can earn Florida continuing education credit more easily....

Judge Frazee announces candidacy for NY State Supreme Court.
February 8, 2006... Byline: Daily Record Staff As a service to our readers, during the upcoming campaign The Daily Record will periodically publish press releases relating to judicial elections up to one week prior to the election date. The Daily Record does...

NY State Court of Appeals list filings for January 6-12, 2006.
February 8, 2006... 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...

Sex offender's high risk assessment justified.
February 9, 2006... Byline: Sarah M. Feingold Where the defendant pled guilty to Rape in the First Degree relating to his sexual relationship with a minor, the board of examiners assessed him as a risk level two (moderate) offender and requested an upward...

Chief Judge Kaye reports on State of Judiciary.
February 9, 2006... Byline: Daily Record Staff On Monday, Feb. 6, New York State Chief Judge Judith S. Kaye presented the annual "State of the Judiciary" address. Family justice initiatives and criminal justice were two areas examined, and the following are...

Applications sought for GRAWA's next round of judicial evaluations.
February 9, 2006... Byline: Daily Record Staff Election day may seem too far down the road to think about - unless, of course, you are thinking of seeking election in 2006. The Greater Rochester Association for Women Attorneys is accepting the submission of...

Monroe County Family Court judge grants custody to out-of-state relative.
February 10, 2006... Byline: Sarah M. Feingold Where the child's father was incarcerated in Rochester and his mother was unable to care for him, the court examined whether to grant custody to the great-aunt who lives in North Carolina or to the woman who the...

Attorney general releases consumer complaint 'top ten' list.
February 10, 2006... Byline: Daily Record Staff In observance of National Consumer Protection Week, New York State Attorney General Eliot Spitzer issued an annual "top ten" list of consumer complaints to his office. For the first time, Internet problems...

New York State Court of Appeals lists filings for January 13-19, 2006.
February 10, 2006... 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...

New York State Court of Appeals affirms validity of forum selection clause.
February 13, 2006... Byline: Kevin M. Momot The plaintiffs challenged the validity of a forum selection clause in an employment contract. Where the plaintiffs' claims were time-barred under Minnesota law, they argued the employer improperly circumvented New...

Kings County judge rules three-year statute of limitations was applicable.
February 13, 2006... Byline: Sarah M. Feingold Where services were allegedly rendered by the plaintiff to its assignor from June 23, 1998 through Jan 20, 1999 and the action was commenced on Sept. 23, 2004, the defendant asserted that the action was filed...

NY State Chief Judge Kaye reports on "State of the Judiciary".
February 13, 2006... Byline: Daily Record Staff On Monday, Feb. 6, New York State Chief Judge Judith S. Kaye presented the annual "State of the Judiciary" address. Pro bono, jury reform and public understanding of the legal profession were some of the areas...

Student prosecutors have major burden in Monroe County's Mock Trial Tournament.
February 14, 2006... Byline: Nora A. Jones Round one of Monroe County's Annual Sydney R. Rubin Mock Trial Tournament proved to be very challenging for the high school teams assigned to prosecute an alleged manslaughter involving a teen driver in a case titled...

NY State Supreme Court, Monroe County rules hospital records exempt from disclosure.
February 14, 2006... Byline: Sarah M. Feingold Where the plaintiff sustained various injuries, he moved for an order directing the defendant hospital to produce the unredacted copies of four reports made to a patient relations representative. The plaintiff...

New bill in House of Representatives looks to provide rent relief for federal courts.
February 14, 2006... Byline: Daily Record Staff A bill aimed at bringing about savings in the judiciary's rent costs was introduced in the House of Representatives on Wednesday, Feb. 8. In introducing the bill, House Judiciary Committee Chair James...

Theater, scouts and mountain biking fill Rochester attorney's free time.
February 14, 2006... Byline: Nora A. Jones Peter Scribner believes his affinity for the performing arts may be hereditary; after all, his grandfather ran a burlesque circuit in the early 1900s, his father made motion pictures and his late brother, Sam, was a...

Rochester Drug Treatment Court recognizes 25th graduating class.
February 15, 2006... Byline: Sarah M. Feingold On Friday, Feb. 10, Rochester Drug Treatment Court celebrated its 25th graduation ceremony at the Hall of Justice. Twenty-three individuals graduated from the program at this ceremony. Rochester City Court...

'Caveat emptor' for residential real estate.
February 16, 2006... Byline: Sarah M. Feingold Where home buyers discovered water problems in their basement, they alleged breach of contract, negligence, fraudulent misrepresentation and punitive damages. Reviewing the facts in Daniel G. Renkas, Jr. and...

Contract dispute remanded to state court.
February 16, 2006... Byline: Helen Nguyen In a contract dispute where the plaintiffs alleged that their employer was negligent in choosing and supervising a company to manage a retirement investment plan, the U.S. District Court for the Western District of New...

Employment law update is topic of Assn. of Legal Administration meeting.
February 16, 2006... Byline: Nora A. Jones Featuring a presentation on employment law, the February meeting of the Rochester Chapter of the Association of Legal Administrators (ALA) was well attended. J. Beth Moscarelli from the Labor & Employment Department...

Eight teams left after 2nd round of Monroe County's Annual Sydney Rubin Mock Trial Tournament.
February 21, 2006... Byline: Nora A. Jones Lawyers are trained to see both sides of an issue and the students participating in the Annual Sydney Rubin Mock Trial Tournament practiced this skill at the second round of the competition where teams from 17 schools...

Rochester City Court rules plaintiffs lacked standing to sue for security deposits.
February 21, 2006... Byline: Sarah M. Feingold Where a third party paid apartment security deposits on behalf of the plaintiffs, the defendant refused to return a single deposit. Reviewing the facts in Kolako Kamara v. Jim Pavia and Amie Williams v. Jim...

Former Irondequoit dentist arrested for Medicaid fraud.
February 21, 2006... Byline: Daily Record Staff David Douglas Gardner, a pediatric dentist formerly employed by Small Smiles Dentistry of Rochester, Inc., has been arraigned in Irondequoit Town Court on charges that he defrauded the Medicaid program. The...

Commentary: New rules apply when you donate a vehicle.
February 21, 2006... Byline: Francis G.Marchese Donating your used car or truck to a charity has become popular in recent years. It's an easy way to support a good cause and get a tax deduction at the same time. Before 2005, it was up to each taxpayer to...

Average home sales price in Monroe County jumps in January.
February 21, 2006... Byline: Sarah M. Feingold Year-to-date existing single-family home sales are down 5.9 percent compared to 2005, and are down by 31.3 percent compared to last month. According to the Greater Rochester Association of Realtors, the average...

N.Y. State Court of Appeals lists more January 2006 filings.
February 21, 2006... 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...

2nd Circuit rules defendant's attorney is precluded from challenging fee-sharing agreement.
February 22, 2006... Byline: Kevin M. Momot The defendant attorney's four-year delay in challenging the validity of a fee-sharing agreement precluded him from arguing that the agreement should not be enforced, the U.S. Court of Appeals for the Second Circuit...

U.S. District Court for W. District of NY denies defendant's motion to suppress gun evidence.
February 22, 2006... Byline: Helen Nguyen Concluding a police officer had reasonable cause to stop and detain the defendant, the U.S. District Court for the Western District of New York denied the defendant's motion to suppress as evidence the gun found in his...

Monroe County Bar Association's 2006 Law Day Committee schedules luncheon.
February 22, 2006... Byline: Nora A. Jones The theme for Law Day 2006 is "Liberty Under Law: Separate Branches, Balanced Powers." The annual Law Day Luncheon sponsored by the Monroe County Bar Association in conjunction with the Greater Rochester Association...

NY State Senate passes legislation to amend judicial candidate selection process.
February 22, 2006... Byline: Daily Record Staff The New York State Senate recently passed legislation, sponsored by Senator John DeFrancisco (Syracuse) that would amend the way candidates for state supreme court justices are selected. The bill calls for the...

Rochester Legal Briefs: February 22, 2006.
February 22, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department's February decisions included review of two disputes between the district attorney in Onondaga County and Syracuse City Court judges. One lawsuit concerned the...

Petitioner's classification as 'adult care facility' at issue in NY State Supreme Court, Erie County.
February 22, 2006... Byline: Sarah M. Feingold Where the New York State Dept. of Health determined the petitioner was operating an adult care facility without appropriate certification, the petitioner sought a judgment annulling the determination. ...

Buffalo Public Interest Law Program auction scheduled for Feb. 23.
February 22, 2006... Byline: Daily Record Staff The Buffalo Public Interest Law Program (BPILP) will hold its 11th Annual Auction from 5:30 to 8:30 p.m. on Thursday, Feb. 23 at the Statler Towers Grand Ballroom, 107 Delaware Ave. This year Bill Savino, a...

NY State Supreme Court says public is entitled to insurance records.
February 23, 2006... Byline: Sarah M. Feingold Where New York State passed legislation making it illegal for insurance companies to engage in "redlining," the court examined whether the public has a right to the records filed by insurance companies concerning...

ADA claim dismissed in part by district court.
February 23, 2006... Byline: Helen Nguyen Concluding the employer did not know that the plaintiff was totally disabled when it terminated her, the U.S. District Court for the Western District of New York dismissed that part of the plaintiff's claim under the...

New York attorney campaigning for U.S. Congressional seat.
February 23, 2006... Byline: Nora A. Jones Focused on winning the U.S. Congressional seat for New York's 25th District in November, Paloma Capanna compares certain aspects of her federal campaign activities to being involved in litigation. "Just like a...

NY State Bar Assn. seeks nominations for community service award.
February 23, 2006... Byline: Daily Record Staff The New York State Bar Association is accepting nominations for its 2006 Root/Stimson Award. Administered by the Committee on Public Relations, the award recognizes lawyers who have demonstrated outstanding...

Debtors prevail on motion to dismiss s. 523 causes of action in bankruptcy.
February 24, 2006... Byline: Nora A. Jones In an adversary proceeding seeking to establish the nondischargeability of the debtors' obligations, the complaintant's assertions under s. 523(a)(4) and s. 523(a)(6) failed to state a claim upon which relief could be...

Sale proceeds must be turned over to trustee.
February 24, 2006... Byline: Helen Nguyen Concluding an ex-wife never had a right to the proceeds from the sale of property owned by her former husband, the U.S. District Court for the Western District of New York affirmed the bankruptcy court's decision which...

NY State Judge Green offers perspective on equality and role of courts.
February 24, 2006... Byline: Sarah M. Feingold On Tuesday, Feb. 21, in honor of black history month and juror appreciation week, the Seventh Judicial District presented "A Personal Perspective: Achieving Excellence on the Road to Justice and Equality."...

Claim for disability benefits remanded.
February 27, 2006... Byline: Helen Nguyen Finding the administrative law judge (ALJ) failed to properly assess the plaintiff's mental impairments when he denied the plaintiff disability benefits, the U.S. District Court for the Western District of New York in...

Preparation is one key to useful depositions.
February 27, 2006... Byline: Nora A. Jones In a continuing legal education program focused on taking depositions, the Greater Rochester Association for Women Attorneys provided a review of the deposition process. "Preparing for the deposition starts long...

Monroe County Bar Assn. Criminal Justice Section to hold legislative forum.
February 27, 2006... Byline: Daily Record Staff The Criminal Justice Section of the Monroe County Bar Association is holding a legislative forum from 9 to 10:30 a.m. on Thursday, March 9 at the Monroe County Bar Center for Education. The forum is an...

New York State Court of Appeals lists filings for Jan. 27-Feb. 2.
February 27, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

Judicial election update.
February 27, 2006... Byline: Daily Record Staff As a service to our readers, during the upcoming campaign The Daily Record will periodically publish press releases relating to judicial elections up to one week prior to the election date. The Daily Record does...

Employment discrimination and defamation claims sufficient.
February 27, 2006... Byline: Sarah M. Feingold Where the plaintiff was terminated from her employment as a police officer, she filed a complaint with the Equal Employment Opportunity Commission alleging sexual harassment and discrimination. The plaintiff also...

U.S. District Court for the Western District of NY denies remand in personal injury case.
February 28, 2006... Byline: Helen Nguyen In a recent personal injury case in which the defendant removed the action to federal court, the U.S. District Court for the Western District of New York concluded that it had jurisdiction and denied the plaintiff's...

Greater Rochester Association for Women Attorneys' past presidents hold second annual meeting.
February 28, 2006... Byline: Nora A. Jones Audrey Peartree, immediate past president of the Greater Rochester Association for Women Attorneys, recently hosted a dinner party for the organization's past presidents. Although the event was largely social,...

Rochester Legal Briefs: February 28, 2006.
February 28, 2006... Byline: Daily Record Staff In Appellate Division, Fourth Department tort decisions, the appellate court reviewed issues of municipal liability, employer liability and legal malpractice. TORT DECISIONS Legal Malpractice -...