Daily Record (Rochester, NY) articles from January 2002

Daily Record (Rochester, NY) archives from January 2002

Social Security disability claim denied by court.
January 2, 2002... Byline: Nora Jones Did the plaintiff establish a compensable disability from a back injury? Reviewing pages of medical reports and multiple doctors diagnoses, U.S. District Court Judge Michael A. Telesca upheld the Social Security...

Defendant's motion to vacate conviction is denied.
January 2, 2002... Byline: Jill Miller Did a prosecutor knowingly present false testimony at trial? Did the prosecutor withhold Rosario and Brady material from the defendant?These were just two of the many issues New York State Supreme Court Justice Donald...

Micro-cap growth one of best bets for 2002.
January 2, 2002... Byline: George Karpus For the last two years my best bets for the calendar years were not stocks. They were bonds.My best bets for 2000 produced +16.27 percent and +15.18 percent returns respectively. For 2001 (as of December 28, 2001)...

Rochester Legal Briefs January 2, 2002.
January 2, 2002... Byline: Jill Miller Sentences in Attempted Robbery cases were found to be too harsh by the Appellate Division, Fourth Department in decisions recently released, and a jury charge in a weapons case was ruled improper. CRIMINAL DECISIONS...

Nat. Federation of Paralegal Assns. releases 2001 compensation, benefits survey.
January 2, 2002... Byline: Daily Record Staff The National Federation of Paralegal Associations has released the results of its 2001 Compensation and Benefits Survey. The survey, conducted by NFPA on alternate years, has long been recognized as a...

Commentary: Cutting through the hype - the best films of 2001.
January 3, 2002... Byline: David Oliveiri For those who don't have time to see a lot of films, the annual Ten Best lists must be more frustrating than helpful. What if there aren't "Ten" films of true merit? What makes a film "Best?" Similarly, at this...

Defendant's sentence for bank fraud affirmed.
January 3, 2002... Byline: Jill Miller Should a defendants conduct in relation to an offense charged in one count enhance a concurrent sentence on a second count even if the sentence exceeds the maximum statutory sentence for the first count?This was the...

Lease or financing agreement? court decides.
January 3, 2002... Byline: Nora Jones Was the debtor able to establish that its lease agreement with Penske Truck Leasing Co. was a financing agreement for the purchase of six tractors and three trailers, rather than a true lease? Under relevant sections of...

Court finds no violation of False Claims Act.
January 3, 2002... Byline: Jill Miller Did the plaintiffs former employers violate the False Claims Act, 31 U.S.C. s. 3729? This was just one of the questions the U.S. Court of Appeals for the Second Circuit was asked to decide in Patricia S. Mikes v. Marc...

Courts reject efforts to limit their review.
January 3, 2002... Byline: Michael Rosenhouse In past columns we have noted the ability of appellate courts to restrain themselves when they think they lack authority to do something they want to do.Conversely, this month two recent cases afford an...

Monroe County Bar Assn. retains membership and seat in ABA House of Delegates.
January 3, 2002... Byline: Daily Record Staff Executive Director of the Monroe County Bar Association, Mary Corbitt, was pleased to inform the American Bar Association that the local organization's membership was at 2,080 as of December 31, 2001. "We...

Rochester Legal Briefs January 3, 2002.
January 3, 2002... Byline: Jill Miller Two decisions by the Appellate Division, Fourth Department discussed the sufficiency of probable cause in criminal appeals, while another case ruled on the defendant's request to reargue a motion to review the grand...

Disability issue reviewed, revisited, affirmed.
January 4, 2002... Byline: Nora Jones Was there sufficient medical evidence to conclude that the plaintiff's mental and physical conditions met the definition of a disability under 42 U.S.C. s. 423(d)(1)(A)? Was the Social Security Commissioner's review...

New city court judge position authorized by state.
January 4, 2002... Byline: Nora Jones Gov. George Pataki signed into law a bill to amend the judiciary law, the public officers law, and the uniform city court act in relation to judges of the city courts of New York. Locally, the law authorizes Rochester to...

IRS allows small businesses to use cash accounting.
January 4, 2002... Byline: Thomas Chiavetta In December 2001, the Internal Revenue Service issued Notice 2001-76 (the Notice) that, in general, allows qualifying small businesses with gross receipts of up to $10 million or less to use the cash method of...

Rochester citizens recognized for community services.
January 4, 2002... Byline: Scott Perkins Here are some more Sneaker Awards. Platinum Sneaker To William Sostre for being named Employee of the Year for 2001 by the Association for the Blind and Visually Impaired (ABVI) Goodwill Industries of Greater...

Rochester Legal Briefs January 4, 2002.
January 4, 2002... Byline: Daily Record Staff In criminal appeals decided by the Appellate Division, Fourth Department, the court found no error in allowing an additional person to be present at the grand jury hearing, and found admission of hearsay to be...

Surge in local and national 2001 bankruptcy filings linked to rise in consumer debt.
January 4, 2002... Byline: Daily Record Staff As Congress renewed efforts to overhaul the nation's bankruptcy laws in 2001, the number of local bankruptcy filings approached previous records set in 1998, according to Jeffrey Freedman, Esq. senior partner of...

Law department expenditures decrease according to survey.
January 4, 2002... Byline: Daily Record Staff The just-released Altman Weil 2002 Law Department Performance Metrics Survey reports that average total law department spending as a percentage of sales revenue dropped from .4375 percent reported in the 2001...

NY State Court of Appeals lists filings for December 7-13, 2001.
January 4, 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...

Stephen Lindley appointed to Rochester City Court bench.
January 7, 2002... Byline: Daily Record Staff Stephen K. Lindley, a special assistant district attorney in the Monroe County District Attorney's office, has been appointed to the Rochester City Court bench. Lindley will fill the vacancy created by the...

Rochester Legal Briefs January 7, 2002.
January 7, 2002... Byline: Daily Record Staff The trial decision's determination of price gouging was upheld by the Appellate Division, Fourth Department while a lower court's ruling regarding a sale of a business was found not to involve a non-compete...

New business book, 'First Among Equals' due in April.
January 7, 2002... Byline: Daily Record Staff Aimed at managers and leaders of peer-to-peer professional groups and professional firms, First Among Equals, How to Manage a Group of Professionals, by Patrick McKenna and David Maister ($26 US, 288 pages, The...

Deadbeat Parents Punishment Act is constitutional.
January 8, 2002... Byline: Jill Miller Is the Deadbeat Parents Punishment Act of 1998, an amendment to the Child Support Recovery Act of 1992, unconstitutional? This was the central question before the U.S. Court of Appeals for the Second Circuit in USA...

Monroe County atty. to win state level civil rights award.
January 8, 2002... Byline: Nora Jones The Fourth Annual Haywood Burns Memorial Award will be presented to Ellen Yacknin, Esq. at the New York State Bar Association's Annual Meeting on January 22, 2002. Yacknin was nominated for the civil rights honor by the...

Entertainment atty. tries his hand at movie script.
January 8, 2002... Byline: Nora Jones A native of Rome, NY, Mark Costello, Esq., partner at Boylan Brown, Code, Vigdor, & Wilson, had published a number of humor columns in the Rome Observer over the years, but never tackled something as big as writing a...

Tax deadlines: Mark your 2002 calendar.
January 8, 2002... Byline: Francis Marchese Mark these dates as red letter days on your 2002 calendar if any of the following upcoming tax deadlines apply to you or your business. * January 15 Due date for the fourth and final installment of 2001...

NY State Court of Appeals lists filings for December 14-20, 2001.
January 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...

Rochester Legal Briefs January 8, 2002.
January 8, 2002... Byline: Jill Miller In the Appellate Division, Fourth Department, recent civil appeals affirmed the lower court's decision in a custody case and clarified the meaning of the article "a." Also, in an Erie County suit over insurance...

NY State Appellate Division suspends four attorneys.
January 8, 2002... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following disciplinary matters in its recent round of decisions. Matter Of David A. Gaesser, An Attorney, Respondent. Grievance Committee Of The Seventh...

Xerox claims 3Com's PalmPilot infringes on patent.
January 9, 2002... Byline: Nora Jones Does the 3Com PalmPilot's use of the Graffiti system of symbol recognition infringe on the Xerox patented system for computer interpretation of handwritten symbols called unistrokes? On remand from the U.S. Court of...

Hospital denied limited fund class action filing.
January 9, 2002... Byline: Jill Miller A New York State Supreme Court judge denied a motion filed by Genesee Hospital asking the court to maintain as a limited fund class action, the holders of unsecured claims against the hospital and to certify that class....

Judge chosen to oversee Juvenile Delinquent Court.
January 9, 2002... Byline: Jill Miller In an effort to ease the caseload in the Monroe County Family Court System, County Court Judge Elma Bellini will supervise a New Family Court Juvenile Delinquent Court Part. The New Family Court Juvenile Delinquent...

Commentary: Junk bonds play part in economic recovery.
January 9, 2002... Byline: JoAnn Van Degriff There is growing evidence that the weakness in the U.S. economy is starting to ease. The latest data on improvements in consumer confidence, durable good orders and industrial activity suggest that the recession...

Mentoring non-profit organization, Compeer, needs volunteers.
January 9, 2002... Byline: Daily Record Staff More than 30 years ago, Bernice "Bunny" Skirboll experienced a life-changing moment a nearly fatal car accident that put her in intensive care for two months. During her long rehabilitation, she learned the...

Rochester Legal Briefs January 9, 2002.
January 9, 2002... Byline: Jill Miller The insurance company's claimed exclusion was not established in a recent Appellate Division, Fourth Department action, allowing the homeowner to recover for damages from a collapsed room. In a personal injury action,...

Family mediators in Rochester/Monroe County provide valuable services.
January 10, 2002... Byline: Roberta Miller Rochester/Monroe County has a surprising distinction in the world of family mediation. This area is known nationally as a "hotbed" of mediation activity due both to the length of time this area has supported private...

Agenda for January's NY State Bar meeting.
January 10, 2002... Byline: C. Lawrence As Vice President for the Seventh Judicial District, and in keeping with our goal of communicating with members of the 7th Judicial District about matters of importance, the New York State Bar Association has provided...

Benefits of joining a women's bar association.
January 10, 2002... Byline: Catherine Callery Why join a womens bar association? In the midst of our final membership push this month, we are frequently asked this question. There are probably as many answers as there are members of Greater Rochester...

U.S. Supreme Court issues ruling on disability law.
January 10, 2002... Byline: Jill Miller A woman who suffered from bilateral carpal tunnel syndrome and bilateral tendinitis may not be considered disabled within the meaning of the Americans with Disabilities Act of 1990.This was the unanimous finding of the...

Panelists provide tech tips for small biz owners.(Panel Discussion)
January 10, 2002... Byline: Nora Jones What kind of hardware and software do you need for your one or two person office? When do you need to take the leap into local area network versus just a couple of independent PCs?These were among the questions...

Strategy differences are not ineffective counsel.
January 10, 2002... Byline: Jill Miller When does an attorneys strategy constitute ineffective assistance of counsel?This was the central theme in People v. Robert McCullough. The defendant asked New York State Supreme Court Judge Donald Mark to set aside his...

Briefs: Warrant application ordered unsealed+.
January 10, 2002... Byline: Jill Miller Warrant UnsealedA sealed warrant application will be unsealed for the limited purpose of an in camera inspection to determine whether the warrant application should be turned over to the defendants attorney. People v....

Rochester Legal Briefs January 10, 2002.
January 10, 2002... Byline: Jill Miller Reviewing a personal injury decision from Onondaga County, the Appellate Division, Fourth Department held that the complaint sounded in negligence and was within the statute of limitations. The court also reviewed a...

United Way of Greater Rochester's Partner Breakfast slated for January 29.
January 10, 2002... Byline: Daily Record Staff United Way of Greater Rochester is reaching out to the legal community in anticipation of the 2002 fund raising campaign, by hosting a Partner Breakfast from 7:45 to 8:45 a.m. on Tuesday, Jan. 29. The law...

Four Rochester law firms merge.
January 10, 2002... Byline: Daily Record Staff Focused on serving small and mid-sized businesses, four local law firms have combined into one firm, Adair, Kaul, Murphy, Axelrod & Santoro, LLP. Located in offices at 300 Linden Oaks, the 13 lawyer firm is also...

Gift tax exclusion adjusted for 2002.
January 11, 2002... Byline: Jonatha Caimano One of the most effective techniques available for providing long-term tax savings is the annual gift tax exclusion. It not only lowers current taxes, but can be used to move assets out of a taxable estate on a...

The Oneida Indian Nation - a local success story.
January 11, 2002... Byline: Scott Perkins The Oneida Indian Nation is a federally recognized Indian nation in Central New York. It is a member of the Haudenosaunee, known in English as the Six Nations of Iroquois Confederacy. The Oneida Nation has stated...

Defendant sanctioned for violating discovery rules.
January 11, 2002... Byline: Nora Jones Did the defendant comply with Federal Rule of Civil Procedure 45 during discovery? Was notice properly given to plaintiff regarding third-party subpoenas? In an employment discrimination action where plaintiff...

NY Chief Administrative Judge to speak at Univ. of Buffalo law lunch.
January 11, 2002... Byline: Daily Record Staff Speaking about the many changes in the state's court system since the September 11th terrorist attack, Chief Administrative Judge of the New York Unified Court System, Jonathan Lippman, will provide the keynote...

U.S. level of mergers & acquisitions drops dramatically during 2001.
January 11, 2002... Byline: Daily Record Staff Bah Humbug! Only Ebenezer Scrooge could have loved a year like 2001. U.S. mergers and acquisitions fell 16.4 percent off last year's pace to 8,224 transactions, the largest percentage year-over-year drop in...

NY State Court of Appeals lists filings for December 21-27, 2001.
January 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...

Commentary: Performing annual life insurance checkup is wise.
January 14, 2002... Byline: Francis Marchese Performing a periodic life insurance checkup can be as important to a family's financial health as a medical checkup is to one's physical health. Here are some things you should be concerned with in performing...

Drilling barge accident evokes jurisdiction review.
January 14, 2002... Byline: Nora Jones Where does one set of regulations end and another begin? What is the scope of jurisdiction of the Occupational Safety and Health Administration as compared to the Coast Guard in regulating the working conditions aboard...

NY Supreme Court Justice admonished for misconduct.
January 14, 2002... Byline: Jill Miller A New York State Supreme Court Judge from Erie County has been admonished by the New York State Commission on Judicial Conduct. The Commission found that Judge Robert E. Whelan "engaged in misconduct by involving...

Rochester Legal Briefs: January 14, 2002.
January 14, 2002... Byline: Jill Miller Conviction Stands A motion to vacate defendant's conviction pursuant to CPL s. 440.10 and s. 440.20 is denied. Defendant was convicted of two counts of Depraved Indifference Murder in the Second Degree....

American Bar Assn. Task Force on Terrorism finds military commissions justified.
January 14, 2002... Byline: Daily Record Staff The American Bar Association Task Force on Terrorism and the Law has found that the September 11 attacks were arguably violations of the law of war that would justify the use of military commissions to prosecute...

Cancer Action Walk for Wellness scheduled.
January 14, 2002... Byline: Daily Record Staff The fourth annual Cancer Action Walk for Wellness will be held at Greece Ridge Mall on Sunday, Feb. 24. The 2-mile indoor walk can be completed anytime between 9 a.m. and noon. Proceeds from the walk are...

NY State Court of Appeals Lists Filings for December 21-27, 2001.
January 14, 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...

Ownership of foreclosed property challenged.
January 15, 2002... Byline: Nora Jones Did the debtor in a Chapter 13 proceeding have equity in a single-family residence that had been auctioned for unpaid taxes a couple of weeks before she filed for bankruptcy where the deed to the tax foreclosed property...

Rochester Legal Briefs: January 15, 2002.
January 15, 2002... Byline: Jill Miller Motion Granted A motion to reduce or dismiss the indictment against the defendant on the grounds that the evidence was not legally sufficient to support the charges is granted. "Taken as a whole, this improper...

Rochester woman opts to be writer after law school.
January 15, 2002... Byline: Nora Jones Despite a sincere interest in criminal law and a strong belief in the concept of innocent until proven guilty, you won't find Judy Zelin, Esq. defending criminals in local court. However, don't underestimate her...

A new tax year means new tax rules.
January 15, 2002... Byline: Francis Marchese Take these tax law changes and new cost-of-living adjustments into account as you begin your 2002 tax planning. * The standard mileage rating for business driving increased from 34.5 cents to 36.5 cents per...

Insurance policy must cover return of legal fees.
January 15, 2002... Byline: Jill Miller Is an insurance company estopped from disclaiming coverage it issued to a law firm and its partners? This was the question before the U.S. Court of Appeals for the Second Circuit in Bluestein & Sander v. Chicago...

Overall commercial real estate picture is positive.
January 15, 2002... Byline: John Piper Nationwide, the economy was off balance throughout most of 2001. Enhanced factory data showed tech orders and production struggled as businesses reigned in spending in an effort to preserve their shrinking profits....

Rochester-area home sales rise slightly in December.
January 15, 2002... Byline: Jill Miller The local real estate market ended 2001 on a high note. According to the Greater Rochester Association of Realtors, sales of existing single family homes was up slightly in December as compared to November. ...

Attorney volunteers needed for local Army Reserves wills project.
January 15, 2002... Byline: Daily Record Staff The commander of the 2nd Battalion, 390th Regiment, of the Army Reserves at 515 Ridge Rd. in Webster has asked for assistance to ensure that the 70-some members of the unit and their families are prepared in the...

Rochester Legal Briefs: January 16, 2002.
January 16, 2002... Byline: Jill Miller Motion Denied A motion to reduce or dismiss the indictment against the defendant on the grounds that the evidence presented to the Grand Jury was legally insufficient to support the charges is denied. "The...

Youthful offender conviction can be considered.
January 16, 2002... Byline: Jill Miller Can the court consider a prior conviction that was adjudicated as a youthful offender when calculating a defendants criminal history under the U.S. Sentencing Guidelines?This was the central issue before the U.S. Court...

NY Bar's Outstanding Young Lawyer Award announced.
January 16, 2002... Byline: Nora Jones And the winner for the 2002 Outstanding Young Lawyer is... Bradley P. Kammholz, Esq. Faraci and Lange, LLP associate and past chair of the Monroe County Bar Associations Young Lawyers Section, Kammholz was delighted...

State bar recognizes county bar's young lawyers.
January 16, 2002... Byline: Nora Jones Tom Anderson, Esq. an associate at Harter Secrest & Emery, will travel to New York City next week to accept the 2001 Award of Merit on behalf of the Monroe County Bar Associations Young Lawyers Section for their Donate...

Market strategists aren't much help.
January 16, 2002... Byline: Dana Consler They are Wall Streets seers, its stock market soothsayers. They have the lofty title of Chief Market Strategist or the like and the six or seven figure salary to go with it. Their thankless job as each new year...

Supreme Court's ADA ruling sets new guidelines.
January 16, 2002... Byline: Cindy Lapoff Determining the threshold question of coverage under the Americans with Disabilities Act has always been a complex analysis, and many cases have been dismissed on the finding that the plaintiff was not sufficiently...

How to safeguard remote PC access.
January 16, 2002... Byline: Joseph Oster Greetings!I was particularly thrilled when recently asked to do a weekly advice column for The Daily Record. Our offices (Structured Technologies, Inc.) are right across the street from the newspaper, lots of our...

President Bush signs Brownfields Reform Act into law.
January 16, 2002... Byline: Daily Record Staff President George Bush signed into law legislation passed by the House and Senate late last week. The new law (H.R. 2869) combines two previously introduced bills the Brownfields Reform Act (S. 350) passed by the...

Charles Relin, longtime Rochester attorney, passes away.
January 16, 2002... Byline: Daily Record Staff One of the legal community's long time members passed away on Monday, Jan 14, 2001. Charles Relin, father of Monroe County District Attorney Howard Relin, died of a heart attack at the age of 99 at the Jewish...

When filings appeals, motion practice is important.
January 17, 2002... Byline: Gary Muldoon Criminal appeals are largely concerned with filing briefs and records and oral argument. In addition to these main tasks, counsel may find it necessary to utilize motion practice.1 Types Of MotionsA number of...

US Supreme Court rules Chicago park ordinance does not violate 1st Amendment rights.
January 17, 2002... Byline: Nora Jones Does a Chicago Park District ordinance, which requires advance applications and permits for groups larger than 50 people, infringe on the public's First Amendment rights by restricting the use of public places? ...

NY State Supreme Court rules defendant's statement voluntary in school burglary case.
January 17, 2002... Byline: Jill Miller Did the police have probable cause to arrest the defendant in connection with a burglary at Paddy Hill Elementary School in Greece? Should the defendant's written statement to police be suppressed? These were a few...

Highlights from State of Judiciary Address by Chief Judge of NY State.
January 17, 2002... Byline: Jill Miller Chief Judge of New York State, Judge Judith S. Kaye gave her State of the Judiciary Address on Monday, Jan. 14. Judge Kaye discussed a number of initiatives including, renovation of the Court of Appeals building,...

Rochester Legal Briefs January 17, 2002.
January 17, 2002... Byline: Jill Miller CRIMINAL DECISIONS Evidence Supports Charge The evidence presented to the Grand Jury was legally sufficient to support the charges established in the indictment and hence, a motion to reduce or dismiss the...

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

Commentary: Vocabulary builder: what is cramming?
January 17, 2002... Byline: Nora Jones Anyone who has an Internet account has become familiar with the modern use of the term spam, to describe the receipt of unsolicited e-mails attempting to sell or promote products and services. For myself, spamming has...

Evidence seized from defendant suppressed.
January 18, 2002... Byline: Jill Miller A motion to suppress evidence, consisting of money, keys and papers, seized from the defendant has been granted by a Monroe County Court judge. In People v. Stephen Campbell, Judge John Connell granted the...