Daily Record (Rochester, NY) articles from January 2003

Daily Record (Rochester, NY) archives from January 2003

Genesee Valley Water Authority honors five Rochester companies.
January 2, 2003... Byline: Daily Record Staff The Genesee Valley Chapter of the New York Water Environment Association recognized five local companies for their efforts to prevent pollution and protect the local water environment at an awards ceremony in...

Eight Judicial District appoints new Administrative Judge.
January 2, 2003... Byline: Daily Record Staff For several months many have been taking bets on who would earn the appointment as Administrative Judge for the Eighth Judicial District. Last Friday New York State's Administrative Judge Jonathan Lippman ended...

Waiver of attorney-client privilege cannot be implied.
January 2, 2003... Byline: Jill Miller What constitutes a waiver of the attorney-client privilege? Does the transfer of certain company assets, as part of a settlement agreement, include the transfer of attorney-client privilege? These were just a few of...

'Minimum contacts' jurisdiction not met in online newspaper case.
January 2, 2003... Byline: Nora Jones Two Connecticut newspapers were excused from a defamation action (Young v. New Haven Advocate) based on their minimum contacts with the State of Virginia where the defendant newspapers' only connection to Virginia was a...

Rochester City Court adds Judge Ellen Yacknin to bench.
January 2, 2003... Byline: Nora Jones Serving her first day on the Rochester City Court bench today, Judge Ellen M. Yacknin greeted friends and colleagues at her official swearing in ceremony last Friday. Rochester City Court's first female judge, Judge...

Long distance refunds coming for Rochester area Internet customers.
January 3, 2003... Byline: Daily Record Staff The New York State Attorney General's office has reached an agreement with America Online, Inc. (AOL) and Frontier Telephone Co. of Rochester, Inc. to provide $200,000 in refunds and credits to over 400...

Controversy arises over 8th District judicial selection process.
January 3, 2003... Byline: Daily Record Staff There are 29 Supreme Court Justices in the Eighth Judicial District. Patrick H. NeMoyer, serving as president of the district's Association of Supreme Court Justices, has scheduled a meeting for Tuesday, Jan. 7,...

Discrimination, retaliation not established in suit against Xerox.
January 3, 2003... Byline: Nora Jones Did the plaintiff establish a prima facie case of discrimination, harassment or retaliatory discharge to withstand defendant's motion for summary judgment? The U.S. District Court for the Western District of New York...

Accident victims to proceed with suit under Dram Shop Act.
January 3, 2003... Byline: Jill Miller If the plaintiffs establish a dram shop cause of action, will the individual defendant, the sole shareholder of a corporation, be individually liable? In Patricia Dromgoole and Thomas Dromgoole as husband of...

Resignations, disciplinary matters reported by Fourth Dept.
January 3, 2003... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions released on December 30, 2002. Matter Of Kimberley Propeack, An Attorney, Resignor. -...

Rochester Legal Briefs Jan. 7, 2003.
January 7, 2003... Byline: Daily Record Staff In the December 2002 decisions of the Appellate Division, Fourth Department, several personal injury cases were decided. Some of the issues that the Appellate Division addressed related to discovery and to...

Commentary: Nine states file lawsuit over weakening of Clean Air Act.
January 7, 2003... Byline: Daily Record Staff Nine states filed a lawsuit challenging new Bush Administration regulations that gut a key provision of the federal Clean Air Act. The administration's action represents the first major weakening of the...

Labor union arbitration to go forward 'on the merits'.
January 7, 2003... Byline: Nora Jones Should the court confirm the arbitration award and order arbitration on the merits? Is there evidence to support the petitioner's motion to vacate and modify the arbitration award? In Sevenson Environmental Serv....

Patent and trademark fees increase starting Jan. 1.
January 7, 2003... Byline: Daily Record Staff The U.S. Patent and Trademark Office adjusted patent and trademark fees, as authorized by 35 U.S.C. uu 41, 119, 120, 132(b) and 376 and other relevant code sections, effective January 1, 2003. Adjustments are...

Error in admitting certain testimony did not affect defendants' fight to fair trial.
January 7, 2003... Byline: Jill Miller Did the U.S. district court err when it admitted expert testimony explaining the meanings of certain "code words" used in a legally taped telephone conversation between to alleged drug dealers? This was the issue on...

Erie County Bar Assn. launches 14th annual 'Have-A-Heart' Food Drive.
January 8, 2003... Byline: Daily Record Staff The Bar Association of Erie County began its annual food drive to collect donations from lawyers, judges and other members of the legal community to benefit the Food Bank of Western New York. Contributions of...

Rochester Legal Briefs Jan. 8, 2003.
January 8, 2003... Byline: Daily Record Staff In Appellate Division, Fourth Department criminal law appeals, the issues decided included whether an indictment provided the defendant with adequate notice of the charge and the effects of a Sirois hearing. ...

Material misrepresentation on life insurance application not established.
January 8, 2003... Byline: Nora Jones At trial, did the defendants establish that the decedent made a material factual misrepresentation in his application for life insurance? Did the trial court err in denying defendants' motion for summary judgment? ...

Judge Susan P. Read to join NY State's highest court.
January 8, 2003... Byline: Daily Record Staff Pending confirmation by the New York State Senate, Court of Claims Presiding Judge Susan P. Read has been nominated to join the New York State Court of Appeals. Gov. George Pataki appointed Judge Read as an...

Town Board's rejection of motel project annulled, remanded.
January 8, 2003... Byline: Jill Miller Was the petitioner's plan to build a motel on an "irregularly shaped" piece of property incompatible with the location? Did the project lack harmony with the character of the neighborhood? Was the Town Board's decision...

Pre-existing condition did not justify apportionment of workers' compensation award.
January 9, 2003... Byline: Nora Jones Where the Workers' Compensation Board determined that claimant's award should be apportioned as 75 percent noncompensable and 25 percent compensable, did the record support this conclusion? Since claimant had been...

Rochester Legal Briefs Jan. 9, 2003.
January 9, 2003... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions, the court addressed the following issues: CRIMINAL DECISIONS Right To Counsel Co CyHybrid' Representation The defendant in an Erie County...

Niagara Falls health care dispute to proceed to arbitration.
January 9, 2003... Byline: Jill Miller Are certain employees of the City of Niagara Falls responsible for paying the increases in their health insurance rates under the terms of their collective bargaining agreements? Should the matter go to arbitration? ...

New rule for nursing home liability.
January 9, 2003... Byline: Gary Muldoon Did the lower court err in dismissing appellant's claims for negligence and breach of contract? Was it error to dismiss the cause of action under Public Health Law u 2801-d? Did appellant establish claims of strict...

Rochester Legal Briefs Jan. 10, 2003.
January 10, 2003... Byline: Daily Record Staff In civil decisions handed down by the Appellate Division, Fourth Department, among the issues raised was the application of the doctrine of "assumption of risk," as well as res judicata, and liability under the...

Judge to discuss interplay of matrimonial practice and bankruptcy law.
January 10, 2003... Byline: Daily Record Staff As a matrimonial attorney, have you been puzzled by the impact of a bankruptcy on a property settlement or child support payments? Then you might wish to mark you calendar for 12:30 p.m. on Friday, Jan. 17, 2003...

Declaratory relief from Qualified Domestic Relations Order denied.
January 10, 2003... Byline: Jill Miller Should the court reconsider the defendant's application for post judgment declaratory relief precluding the court from executing a Qualified Domestic Relations Order, in light of an Appellate Division, Fourth Department...

No grounds for habeas corpus relief found.
January 10, 2003... Byline: Helen Nguyen Did the petitioner establish that the trial court erred in denying her Batson motion and that the evidence was insufficient to support her convictions? Proceeding pro se, the petitioner in her habeas corpus...

NY State reaches tentative agreement in dispute over pharmaceuticals.
January 10, 2003... Byline: Daily Record Staff Agreements in principle have been reached with Bristol-Myers Squibb Co. to settle the damage claims in two federal antitrust lawsuits brought by New York and other states involving Bristol's drugs Co BuSpar, an...

Rochester Legal Briefs January 13, 2003.
January 13, 2003... Byline: Daily Record Staff In the Appellate Division, Fourth Department's recent civil decisions, issues arose concerning discovery and punitive damages. In a Niagara County construction company contract case, the issue of a signed release...

Lockport judge faces potential removal.
January 13, 2003... Byline: Jill Miller The New York State Commission on Judicial Conduct has determined that Lockport City Court Judge William Watson should be removed from office. Specifically the Commission found that during his 1999 campaign for...

Judicial welcoming ceremony celebrates new judges.
January 13, 2003... Byline: Nora Jones Erie County and Eighth Judicial District Judges who were sworn into office to start the new year were formally recognized at a special ceremony on Wednesday, Jan. 8, 2003 in the Supreme Court Ceremonial Courtroom at Erie...

Supporting deposition not timely served, speeding ticket dismissed.
January 13, 2003... Byline: Jill Miller Monroe County Court has thrown out a traffic ticket on the grounds that a police officer's supporting deposition was not served in a timely manner. In People v. Dana W. Tyler, the defendant challenged Webster Town...

Does Freedom of Info. Act apply to Office of Homeland Security?
January 13, 2003... Byline: Nora Jones Where the Freedom Of Information Act refers to federal agencies, does the Office of Homeland Security fall within that definition for purposes of compliance with a FOIA request? The U.S. District Court for the...

'How To' program regarding judicial elections on Saturday.
January 14, 2003... Byline: Daily Record Staff Tomorrow is the deadline to register for the January 18, 2003 program "From The Bar To The Bench: A How To Guide For Attorneys." With presentations by the presidents of the New York State Bar Association and...

Rochester Legal Briefs January 14, 2003.
January 14, 2003... Byline: Daily Record Staff In decisions handed down by the Appellate Division, Fourth Department on December 30, 2002, the court considered whether the trial court properly suppressed defendant's statements to an inmate and reviewed an...

NY Court of Appeals lists cases filed week of December 13th.
January 14, 2003... 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...

Employee claims discrimination at Kinko's.
January 14, 2003... Byline: Nora Jones Was the plaintiff's termination from employment solely based on non-discriminatory factors? Did the plaintiff meet his burden of establishing a prima facie case of discrimination and hostile work environment to survive...

Establishment of contract needed to claim breach.
January 14, 2003... Byline: Jill Miller Are the defendants in breach of a subscription contract with the plaintiff organization after they stopped paying monthly membership dues, even though a subscription contract was never executed between the two parties?...

Paralegal Assn. of Rochester seeks nominations for 'Paralegal Of Year' award.
January 14, 2003... Byline: Daily Record Staff The Paralegal Association of Rochester, Inc. ("PAR") is soliciting nominations for its 2003 Paralegal of the Year award. All paralegals that are members of PAR are eligible. A paralegal may be nominated by a...

Ethics commission issues 33 Notices of Delinquency for financial disclosure statements.
January 15, 2003... Byline: Daily Record Staff The Ethics Commission for the Unified Court System issued 33 Notices of Delinquency for failure to timely file financial disclosure statements for calendar year 2001, and six Notices of Delinquency for failure to...

NY State Court of Appeals Chief Judge to give State of the Judiciary 2003 address.
January 15, 2003... Byline: Nora Jones Celebrating her 20th year of service with the New York State Court of Appeals, this year also marks Judge Judith S. Kaye's 10th year as chief judge. She expressed both pride in the court's accomplishments and frustration...

'Conflict of interest' bars participation in federal case.
January 15, 2003... Byline: Nora Jones U.S. District Court Chief Judge Richard J. Arcara affirmed U.S. Magistrate Hugh B. Scott's November 27, 2002 ruling that barred attorney Bruce A. Barket from representing James C. Kopp in federal court. Kopp, 48,...

NY State Court of Appeals lists filings for Dec. 20-26, 2002.
January 15, 2003... 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...

Plaintiffs' negligence causes car accident.
January 15, 2003... Byline: Jill Miller Who was the negligent party in a car accident, the operator of a vehicle stopped in the right hand lane on 490 or the driver of the vehicle who hit the stopped car? In Malar and Rev. Sinnathamby Thevanesan, as...

FTC confuses consumers by arbitrarily applying privacy rule to lawyers, ABA contends.
January 15, 2003... Byline: Daily Record Staff The American Bar Association filed a memorandum arguing that the Federal Trade Commission arbitrarily and mistakenly applied to lawyers the privacy notice provisions of the Gramm-Leach-Bliley Act, contrary to the...

ABA names 2003 Spirit of Excellence Award recipients.
January 15, 2003... Byline: Daily Record Staff The American Bar Association Commission on Racial and Ethic Diversity in the Profession has selected two federal judges, three lawyers in private practice and a bar association affirmative action director as...

Rich products wins suit against insurer.
January 16, 2003... Byline: Daily Record Staff A verdict of $21.2 million was secured by Phillips, Lytle, Hitchcock, Blaine & Huber LLP on behalf of the firm's client, Rich Products Corp. Decided in New York State Supreme Court, the verdict was against...

Gold's Gym Must Comply With NY Law.
January 16, 2003... Byline: Daily Record Staff Performance bonds, required by state law, were not in place for many of the Gold's Gym sites across New York State. That non-compliance has been resolved through an agreement spearheaded by New York State...

Perfected security interest in debtor's property not established.
January 16, 2003... Byline: Nora Jones Was the evidence presented by Benton Foundry adequate to establish a perfected security interest in property of the debtor? Under New York UCC u 9-203(a)(3)(A) or Pennsylvania statute 13 Pa.C.S.A. u 9203, did Benton...

Eighth Amendment claim against NY DOC survives.
January 16, 2003... Byline: Jill Miller Were the defendants deliberately indifferent to the plaintiff's medical needs? Did the defendants refuse to treat the plaintiff, thus violating his Eighth Amendment rights? In Vincent A. Brock v. Lester Wright, T.G....

Two arraigned in connection with WNY investment scam.
January 16, 2003... Byline: Daily Record Staff A former Niagara County securities investment advisor and the president of a now bankrupt Florida land development company have been arraigned on grand larceny charges. The two are accused of bilking over 200...

Strategies for providing public education to homeless children.
January 17, 2003... Byline: Daily Record Staff More than 1.35 million American children and youth experience homelessness in a year. Nearly one quarter of these children do not attend school on a regular basis. Families account for approximately 40 percent...

Jaeckle Fleischmann forms Corporate Governance group.
January 17, 2003... Byline: Daily Record Staff Jaeckle Fleischmann & Mugel has formed a Corporate Governance group to assist directors of public companies in addressing the complex compliance challenges they face as a result of recent legal, regulatory and...

Clients tell what sets their lawyers apart.
January 17, 2003... Byline: Daily Record Staff Can a client be satisfied with his lawyer even if the case is lost? Or is a happy client just a myth? In this month's American Bar Association Journal, satisfied clients speak out about what sets their lawyers...

Bar admission 'for this occasion' denied.
January 17, 2003... Byline: Jill Miller ***** CORRECTION: An article published in the Friday, Jan. 17, 2003 edition of The Daily Record, entitled, "Bar Admission CyFor This Occasion' Denied" failed to mention that on January 16, 2001 the Statewide...

Assn. of Legal Administrators hosts three guest speakers.
January 17, 2003... Byline: Nora Jones The Rochester Chapter of the Association of Legal Administrators hosted three guest speakers from local technology companies at this month's meeting on Wednesday, Jan. 15, 2003. Joseph Oster of Structured...

Disciplinary regulations amended by Fourth Dept.
January 17, 2003... Byline: Daily Record Staff The Justices of the Appellate Division, Fourth Judicial Department, hereby amend 22 NYCRR 1022.19(d)(2), 1022.20(c) and (d), 1022.28(a)(2) and (d)(2), effective immediately. Additions in the text are indicated by...

Consumer rights to obtain emergency room care clarified.
January 21, 2003... Byline: Daily Record Staff As a direct result of emergency claim denials that occurred from April 1997 to June 2002, Blue Shield of Northeastern New York and Blue Cross/Blue Shield of Western New York changed the wording on member...

Retired atty. returned to Nixon Peabody, LLP.
January 21, 2003... Byline: Daily Record Staff Although Michael T. Tomaino retired from the legal staff of RGS Energy Group, Inc., Rochester Gas & Electric Corp.'s parent, in July 2002, he is not one to sit still, so he is back in the saddle as senior counsel...

Nursing home audits must be within 6 years.
January 21, 2003... Byline: Jill Miller When must an audit to determine Medicaid reimbursement rates for nursing homes be commenced, within six years as outlined in the regulations set by the Department of Social Services or at any time? This was the...

Rochester area home sales finish 2002 on positive note.
January 21, 2003... Byline: Jill Miller The year 2002 ended on a positive note as sales of existing single family homes rose slightly in December. According to the Genesee Region Real Estate Information Service, the information division of The Realtors...

Racial profile claim survives motion to dismiss.
January 21, 2003... Byline: Nora Jones Should plaintiff's u 1983 claim against various law enforcement officers be dismissed based upon defendants' Eleventh Amendment immunity? If the u 1983 claims are dismissed, does the federal court have jurisdiction over...

17th Annual ATHENA award honors Rochester area women.
January 21, 2003... Byline: Helen Nguyen With more than 1,100 people in attendance at the Rochester Riverside Convention Center, the Women's Council of the Rochester Business Alliance, Inc. hosted its 17th Annual ATHENA Award Luncheon on Thursday, Jan. 16,...

Law guardian program rules updated by Fourth Dept.
January 22, 2003... Byline: Daily Record Staff The Justices of the Appellate Division, Fourth Judicial Department, do hereby repeal section 1022.10 of the Rules of the Appellate Division, Fourth Department (22 NYCRR 1022.10) and further repeal Part 1032 in its...

Cheektowaga Town Court Judge censured.
January 22, 2003... Byline: Jill Miller The New York State Commission on Judicial Conduct has determined that a Cheektowaga Town Court Judge should be censured. The Commission censured Judge Thomas S. Kolbert after it determined that the judge "engaged...

'How to become a judge' focus of all day event.
January 22, 2003... Byline: Nora Jones In New York State's Fourth Judicial District, there are no female judges on the Supreme Court bench. This northeastern section of the state includes 11 counties and is geographically the largest judicial district in the...

Webster automotive shop fined for environmental pollution.
January 22, 2003... Byline: Daily Record Staff The owner of an auto body shop in Webster pled guilty to illegally dumping waste oil and gasoline on his Monroe County property. Arthur Wilbert, owner of Wilbert's Auto, Inc., appeared in Webster Town Court...

Court Watch January 23, 2003.
January 23, 2003... Byline: Jill Miller Motion Denied A motion to reduce or dismiss the charges against the defendant is denied. "This court has granted the motion to inspect the Grand Jury minutes and, after a review of said minutes, has determined...

Case remanded on 'individual capacity' issue.
January 23, 2003... Byline: Jill Miller Are the plaintiff speakers entitled to payment after they spoke at a event held at York College, despite the fact that the campus organizers failed to receive final approval for the speakers? Are the defendants,...

'End-of-life' care issues discussed by national expert.
January 23, 2003... Byline: Jill Miller Who determines how a terminally ill person will spend the last days of their life? Is this a decision that should be made by the courts, family members or doctors? Paul Drager, a national expert on end-of-life care,...

Job discrimination claims time-barred.
January 23, 2003... Byline: Nora Jones Did the plaintiff, a 54-year-old truck driver for a recycling company, establish a prima facie case of race and age discrimination? Was his termination in violation of his civil or contract rights? Reviewing the...

Online dispute resolution providers to get recommendations from ABA.
January 24, 2003... Byline: Daily Record Staff An American Bar Association task force has proposed a comprehensive set of "best practices" for preventing and resolving consumer disputes involving electronic commerce. The proposals came after two years of...

'Rogers' rule reviewed in suppression hearing.
January 24, 2003... Byline: Jill Miller Should the statements the defendant gave to police regarding different crimes, while serving time for an unrelated conviction be suppressed, pursuant to People v. Rogers? Should members of the media be granted copies of...

Electronic filing rules amended by Judge Lippman.
January 24, 2003... Byline: Daily Record Staff Part One Of Two New York State Chief Administrative Judge Jonathan Lippman amended the Uniform Civil Rules for Supreme and County Courts relative to electronic filing effective January 2, 2003 as noted below....

Rochester Legal Briefs Jan. 24, 2003.
January 24, 2003... Byline: Jill Miller Motion Denied The evidence submitted to the Grand Jury was legally sufficient to support the charges and thus, a motion to reduce or dismiss the indictment is denied. People v. Kenneth Newton, Ind. No....

Monroe County Bar Assn. to host federal court practice seminar.
January 27, 2003... Byline: Jill Miller Are you looking to brush up on the December 2000 Amendments of the Federal Rules of Civil Procedure or on the 2002 amendments to the Local Rules of practice for the Western District of New York? Or maybe you are...

Federal Trade Commission lists top consumer complaints.
January 27, 2003... Byline: Daily Record Staff Identity theft again topped the list in the Federal Trade Commission's annual report of consumer complaints. This is the third year running that identify theft came in first (43 percent of complaints lodged) on a...

'Equal benefit clause' viewed in new light.
January 27, 2003... Byline: Nora Jones Do African-American students who were attending the University of Rochester have an actionable claim against the university and its security officers for racially discriminatory actions? Did the district court err in...

Electronic filing rules amended by Judge Lippman: Part 2.
January 28, 2003... Byline: Daily Record Staff New York State Chief Administrative Judge Jonathan Lippman amended the Uniform Civil Rules for Supreme and County Courts relative to electronic filing effective January 2, 2003. These changes were reported in the...

Police had probable cause to arrest defendant.
January 28, 2003... Byline: Jill Miller Did police officers have probable cause to arrest the defendant? Was the evidence seized from the defendant the product of an illegal search? In the People v. Travis Marshall, the defendant asked New York State...

NY State Bar Assn. names 2003 slate of officers.
January 28, 2003... Byline: Daily Record Staff At the New York State Bar Association's 126th annual meeting in Manhattan last week, the organization announced the slate of officers that will be installed for a one year term beginning June 1, 2003. A....

Rochester Legal Briefs January 28, 2003.
January 28, 2003... Byline: Jill Miller Motion Denied A motion to reduce or dismiss the indictment against the defendant is denied. The defendant is charged with Attempted Rape in the Second Degree, three counts of Sexual Abuse in the Second Degree,...

Employee's age discrimination claim rejected.
January 28, 2003... Byline: Deborah Fauver How much evidence of pretext must a plaintiff present to resist summary judgment on her claim that her employer "had a plan" to replace older workers with a younger, more energetic population? In Rose Venti v....