Daily Record (Rochester, NY) articles from January 2004

Daily Record (Rochester, NY) archives from January 2004

Suggested post holiday events to help brighten your January.
January 2, 2004... Byline: Staff As the holidays come to a close and three (plus) months of winter weather lie ahead, what's on your calendar that you are looking forward to? Below are a few area events that may help to brighten your January. * Ice...

Michael Green becomes Monroe County's new District Attorney.
January 2, 2004... Byline: Helen Nguyen Promising that he would do all that he could to bring justice to victims of crime, former First Assistant District Attorney Michael C. Green was sworn in as Monroe County District Attorney on Tuesday, Dec. 30. ...

Bar Assn. of Erie County's fee dispute and grievance dept. assistant enjoys job diversity.
January 2, 2004... Byline: Robbi Hess As part of our continuing series profiling the people who work behind the scenes at the Bar Association of Erie County, we recently talked with Leslie Housh, who like most of the employees at the BAEC, wears more than...

Buffalo State Teachers' Program continues accreditation by NCATE.
January 2, 2004... Byline: Staff The National Council for Accreditation of Teacher Education (NCATE) has continued the accreditation of Buffalo State College at the initial teacher preparation and advanced preparation levels. The accreditation is in effect...

Equal protection, malicious prosecution among property owner's claims against Town of Rush.
January 2, 2004... Byline: Nora A. Jones Did the trial court err in granting defendants' motion for summary judgment on certain claims the plaintiff property owner asserted against the Town of Rush and its officials? Reviewing a decision of the New York...

Court rules on whether request for attorneys fees is excessive.
January 2, 2004... Byline: Helen Nguyen Was the request for $31,064 in attorney's fees excessive? This was the central issue the U.S. District Court for the Western District of New York addressed in Marlene Elliott, on behalf of her son Henry Elliott v....

Chief Administrative Judge adds section to Uniform Rules for Courts Exercising Criminal Jurisdiction.
January 2, 2004... Byline: Staff With the advice and consent of the Administrative Board of the Courts, Chief Administrative Judge Jonathan Lippman has added, effective immediately, new section 200.25 of the Uniform Rules for Courts Exercising Criminal...

Decision to admit hearsay statement affirmed.
January 5, 2004... Byline: Jill Miller Was an out-of-court hearsay statement made by a victim improperly admitted at trial? This was the central issue on appeal before New York State's highest court in the People v. Robert Johnson. The defendant was...

'Late' claim held 'not prejudicial' in personal injury action filed in New York Court of Claims.
January 5, 2004... Byline: Nora A. Jones Where the claimant was injured when a road construction sign fell on her while she was jogging, should the court grant her motion for leave to file a late claim? Did the claimants provide the state sufficient notice...

Nominations sought for 'up & coming' attorneys.
January 5, 2004... Byline: Staff Is there an associate in your firm who goes above and beyond in day-to-day responsibilities? Have you been impressed by a recent law school graduate's enthusiasm and talent? If so, The Daily Record would like to know who...

Poll finds CPAs concerned about Western NY business conditions.
January 5, 2004... Byline: Staff A year-end CPA Poll by the New York State Society of Certified Public Accountants (NYSSCPA) found that four in ten (44.4 percent) CPAs in the Western region rate business conditions as poor. These CPAs said the largest...

Attorney blends music, law into satisfying career.
January 5, 2004... Byline: Robbi Hess Attorney by day, blues musician by night - that is the essence of William Savino. He has played the bass guitar with various bands since 1967 and has been a practicing attorney since his admission to the New York State...

Two experienced attorneys join Harris Beach LLP's Buffalo office.
January 5, 2004... Byline: Staff David H. Gossel and Richard P. Krieger have joined the Buffalo office of Harris Beach LLP. Gossel is a member of the Business & Commercial Litigation, Commercial Real Estate Development & Finance, and Personal Injury...

Resignations and suspensions listed by Fourth Department.
January 6, 2004... Byline: Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter Of Sallie A. Diamond, An Attorney, Resignor. - Voluntary resignation accepted and name removed...

Failure to object during cross examination not same as ineffective assistance of counsel.
January 6, 2004... Byline: Jill Miller Did defense counsel's failure to object to certain questions the prosecutor asked during cross examination of an alibi witness constitute ineffective assistance of counsel? In People v. Davon Taylor, the defendant...

Beanie Babies and Barbie among holiday litigants.
January 6, 2004... Byline: Nora A. Jones When do trademark terms become generic terms? The U.S. Court of Appeals for the Seventh Circuit spoke to this question in late December in Ty, Inc. v. Softbelly's, Inc., the appeal in a case where Ty, Inc., the maker...

Judge Sharon Townsend takes Supreme Court oath.
January 6, 2004... Byline: Robbi Hess Three courtrooms were filled to "standing room only" when New York State Appellate Division, Fourth Department's Presiding Justice Eugene F. Pigott, Jr., administered the oath of office to State Supreme Court Justice...

Attorney disciplinary actions listed by Fourth Department.
January 7, 2004... Byline: Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter Of Lawrence S. Lane, An Attorney, Respondent. Grievance Committee Of The Eighth Judicial...

Leonard Tilney sworn in as new Lockport Town Court Judge.
January 7, 2004... Byline: Robbi Hess While his wife, his sister and his mother held the family Bible, Leonard G. Tilney, Jr. was sworn in as Lockport Town Justice. The oath was administered by Niagara County Supreme Court Justice Amy Jo Fricano on Saturday,...

Postal employee fails to establish hostile environment, sex discrimination claims.
January 7, 2004... Byline: Nora A. Jones Alleging violation of Title VII of the Civil Rights Act of 1964, has the plaintiff established that her employer discriminated against her on the basis of her sex? When co-workers antagonized plaintiff through words...

Sobriety checkpoint site selection deemed proper.
January 7, 2004... Byline: Jill Miller Was the sobriety checkpoint, the location where the defendant was arrested for Driving While Intoxicated, properly selected? Must the location of the checkpoint be specifically authorized by the chief of police? ...

New Surrogate Court judge sworn in for Erie County.
January 7, 2004... Byline: Robbi Hess Life is what happens when you are making other plans," was the quote that Eighth Judicial District Administrative Judge Sharon M. Townsend used during her remarks at the swearing in ceremony for Erie County Surrogate...

Electronic discovery topic slated for February conference on civil rules.
January 8, 2004... Byline: Staff The Federal Judicial Conference Advisory Committee on Civil Rules has asked Carol E. Heckman, a partner in the Buffalo office of Harter, Secrest & Emery, to participate in a conference on electronic discovery on Feb. 20-21 at...

West now offering monthly litigation reporter dealing with expert, scientific evidence.
January 8, 2004... Byline: Staff Attorneys now have a single resource that examines the current state of the law regarding expert and scientific evidence. West, a Thomson business, now offers Andrews' Expert & Scientific Evidence Litigation Reporter. This...

Commentary: ABA publishes 640-page lawyer's Internet guide.
January 8, 2004... Byline: Staff With the World Wide Web providing some 2 to 3 billion content pages, it's not always easy for lawyers to find the information they need. Needed materials can be buried deep in a site or hidden on pages cluttered with links or...

Violation of Labor Law s.240 not established.
January 8, 2004... Byline: Jill Miller Can a plaintiff, who was injured while using a ladder, prevail in a Labor Law s. 240(1) even though a jury found that the ladder was not the cause of the plaintiff's injury and that the plaintiff was the sole cause of...

Administrative Law Judge's denial of Social Security benefits reversed and remanded.
January 8, 2004... Byline: Helen Nguyen Did the administrative law judge (ALJ) erroneously deny the plaintiff disability benefits? This was the central issue the U.S. District Court for the Western District of New York addressed in Michael Doyle v. Jo...

Grant keeps fair housing project in place.
January 8, 2004... Byline: Staff Rochester's Legal Assistance Corp. was successful in securing its fourth grant to help in the community's fight against illegal housing discrimination. The $206,489 Private Enforcement Grant will allow the Fair Housing...

Monroe County Bar Assn. IP Committee plans two continuing legal ed. programs.
January 9, 2004... Byline: Nora A. Jones The Intellectual Property Committee, in conjunction with the Business Law Section of the Monroe County Bar Association, is planning a three credit hour continuing legal education program on the basics of patent,...

Bar Association of Erie County hosts welcoming ceremony for new judges.
January 9, 2004... Byline: Robbi Hess From hosting a retirement party for retiring members of the judiciary to paying tribute to newly elected judges, the Bar Association of Erie County continues to strengthen its ties to the judiciary. "One of our...

'First of kind' Internet Fair Housing Action settles out of court.
January 9, 2004... Byline: Staff Was rental advertising posted on an Internet site discriminatory? Should the site owner be held responsible for the messages posted by others? Although the action filed against Spyder Web Enterprises, LLC (the proprietor...

'Public safety' rule applies to defendant's statements.
January 9, 2004... Byline: Jill Miller Were the defendant's statements taken in violation of his Miranda rights? Is the "public safety exception" to the Miranda rule applicable to the case at hand? These were the issues on appeal before the U.S. Court of...

Lease dispute involves tenant's use of electrical closets at HSBC Center.
January 9, 2004... Byline: Nora A. Jones Did HSBC breach its lease in the HSBC Center by placing certain computer network equipment within the building's "electrical" closets? Was the landlord's demand that the tenant remove his equipment justified under the...

Former Gov. Carey joins Harris Beach law firm.
January 9, 2004... Byline: Staff Former two-term New York state governor, Hugh L. Carey, has joined Harris Beach LLP as a senior partner and will practice out of the firm's New York City and Albany offices. A member of the Public Finance/Economic...

U.S. District Court dismisses defamation claim against police and county, lets 1983 claim go forward.
January 12, 2004... Byline: Helen Nguyen Did the plaintiff sufficiently plead a federal claim for defamation? Are the plaintiff's state claims time barred? Can the County of Orleans be held liable for malicious prosecution? In James R. Houghton v. Joseph...

U.S. Court of Appeals for the Second Circuit vacates district court's contempt order.
January 12, 2004... Byline: Jill Miller Should an attorney's conviction for criminal contempt be overturned because the court lacked a written record of the order alleged to have been violated? In United States v. David Cooper, the appellant appeals...

U.S. District Court for Massachusetts criticizes AT&T for its attitude.
January 12, 2004... Byline: Nora A. Jones Any fans of the earlier days of Saturday Night Live when Lily Tomlin did her telephone operator schtick? Well, if you remember, "Ernestine" used to tell her fictitious customers: "We don't care. We don't have to....

Displaced Holley homeowners file action against several NY insurance companies.
January 12, 2004... Byline: Staff Homeowners who have been displaced from their homes for two years and others who live in adjacent homes filed a lawsuit against their homeowner insurance companies on Jan. 2, 2004. The companies, which include Travelers,...

Rochester Legal Briefs: January 12, 2004.
January 12, 2004... Byline: Staff Among criminal appeals from Orleans, Erie and Wayne Counties, the Appellate Division, Fourth Department considered whether certain evidence was erroneously admitted at trial and criticized the district attorney for failure to...

Speech recognition user utilizes Achieve Results and Dragon NaturallySpeaking.
January 12, 2004... Byline: Staff James E. Szalados, MD, MBA, the former executive vice-chairman of the Department of Anesthesiology, co-director of Adult Critical Care, and the medical director of the Operating Rooms at the University of Rochester Medical...

Hodgson Russ team updates Taxation of Distribution From Qualified Plans 2003/2004.
January 12, 2004... Byline: Staff Eric R. Paley and Peter M. Bradley of Hodgson Russ's Buffalo office are among the attorneys who contributed to the updated edition of Taxation of Distributions From Qualified Plans 2003/2004 published by Warren, Gorham &...

Judge Richard Wesley to speak at U of Buffalo alumni luncheon in NYC.
January 13, 2004... Byline: Staff Judge Richard C. Wesley, U.S. Court of Appeals for the Second Circuit, will be the featured speaker when alumni and friends of University at Buffalo Law School hold their annual New York City Alumni Luncheon at noon on...

Rochester Legal Briefs: January 13, 2004.
January 13, 2004... Byline: Staff The Appellate Division, Fourth Department released decisions in numerous appeals on Dec. 31, 2003. Among the criminal appeals, the court considered the constitutionality of a warrant and the sufficiency of jury instructions....

Ex-spouse's request to modify qualified domestic relations order denied.
January 13, 2004... Byline: Nora A. Jones Was the decedent's ex-wife entitled to share in the pre-retirement death benefits payable pursuant to his pension plan? This was the central issue before New York State Supreme Court Judge Brian F. DeJoseph,...

IRAs subject to criminal forfeiture, court rules.
January 13, 2004... Byline: Jill Miller Are Individual Retirement Accounts (IRAs) protected from criminal forfeiture by 26 USC s. 408 or the Employee Retirement Income Security Act of 1974? This was the central issue on appeal before the U.S. Court of...

Monroe County Bar Assn. Executive Director Mary Corbitt - Two years of energetic dedication.
January 13, 2004... Byline: Helen Nguyen Over two years ago, MCBA Executive Director Mary Corbitt, walked through the doors of the Monroe County Bar Association on Exchange Street in downtown Rochester. And as the saying goes, she hasn't looked back. ...

'School security' featured in new book.
January 14, 2004... Byline: Staff Over the past decade there has been a steady escalation in school violence across the United States and throughout the world. For school administrators and officials, law enforcement personnel and others interested in school...

Commentary: Updates To Business book include many recent changes.
January 14, 2004... Byline: Staff In 2003, business litigation was at full throttle, focusing an intense spotlight on corporate America. To help lawyers understand and navigate developments that have taken place in business and commercial litigation, the...

Non-parent's consent to adoption not needed.
January 14, 2004... Byline: Jill Miller Is the respondent, an incarcerated inmate, the adjudicated father of a child he has never seen or spoken to? Is the respondent's consent to the adoption of this child required? These were the questions before...

Class action and settlement agreement approved.
January 14, 2004... Byline: Helen Nguyen In a wage dispute case, should the court approve class action certification and a settlement agreement? In Jennifer S. Schreier, on behalf of herself and all other employees similarly situated, v. DePaul Group,...

Non-partisan approach commended at Monroe County DA's retirement bash.
January 14, 2004... Byline: Nora A. Jones Family, friends, grateful citizens, former employees, lawyers, judges, city officials and law enforcement leaders were among the more than 850 guests who attended the Jan. 9 retirement party held in honor of Monroe...

Biotechnology seminar planned for Rochester, Buffalo.
January 15, 2004... Byline: Staff Underberg & Kessler LLP, Boston Healthcare Associates, Inc., Dover Medical Ventures, LP, High Tech Business Council and BuffLink, Inc. have teamed together to create a unique seminar discussing the legal, financial,...

New York State Bar Association to host 'diversity' celebration.
January 15, 2004... Byline: Staff At the 127th annual meeting of the New York State Bar Association later this month, a networking reception titled "Celebrating Diversity in the Bar" will be held at the Marriott Marquis Hotel in New York City. Current...

Rochester Legal Briefs: January 15, 2004.
January 15, 2004... Byline: Staff In criminal decisions by the Fourth Department, the court reviewed issues involving conflict of interest and theories of larceny. In an unusual decision, the court returned the criminal case back to a local court for...

Real property dispute order modified on appeal.
January 15, 2004... Byline: Nora A. Jones Where adjacent landowners disputed the location of the property line, was the evidence sufficient to sustain plaintiffs' claim of adverse possession? Did the trial court have adequate reason to deny defendants' motion...

Bankruptcy trustee deemed bona fide purchaser.
January 15, 2004... Byline: Helen Nguyen Does the Federal Aviation Administration (FAA) hold an equitable lien on property that the debtor acquired through a federal government grant? To answer this question, the U.S. Bankruptcy Court for the Western...

Harter Secrest completes 12 unique displays to honor clients, community.
January 15, 2004... Byline: Staff In the summer of 2001, when the 275 lawyers and employees of Harter, Secrest & Emery LLP moved to four upper floors in the Bausch & Lomb Building in downtown Rochester, the firm became the beneficiary of a state of the art...

Dibble & Miller changes name, adds new department.
January 16, 2004... Byline: Jill Miller Expanding its range of services and its office space, adding new associates along with a new partner and changing its name are just a few of the changes that have taken place at Dibble & Miller PC, now known as Dibble,...

Blueberry Hill Apartment owner pays $300,000 settlement.
January 16, 2004... Byline: Staff Blueberry Hill Apartments, built in 1994, located in the Town of Chili, will pay $300,000 to persons with disabilities for not making its new construction multi-family housing facility fully accessible under the Fair Housing...

Taped 911 call ruled inadmissible hearsay.
January 16, 2004... Byline: Jill Miller Was the petitioner's right to confrontation under the U.S. Constitution violated when the trial court admitted into evidence hearsay consisting of a tape recording of an anonymous 911 emergency telephone call? In...

University of Rochester not liable for student's injury.
January 16, 2004... Byline: Nora A. Jones At trial, did the plaintiff raise an issue of fact whether any negligence on the part of the defendant was the proximate cause of his injury from a gunshot wound? Reviewing an order by New York State Supreme Court...

Judicial conduct is focus of speakers forum Jan. 23.
January 16, 2004... Byline: Nora A. Jones In the aftermath of the Spargo decision (U.S. District Court for the Northern District of New York, 2002), in which attorneys for New York State Supreme Court Justice Thomas Spargo challenged the Rules of Judicial...

Monroe County Bar Assn. announces new protocol for continuing legal ed. approval.
January 20, 2004... Byline: Staff The Program Committee of the Monroe County Bar Association's Center for Education has developed a set of guidelines to help those who may be thinking of submitting seminar ideas. Monroe County Family Court Judge Gail...

Rochester home sales in 2003 end on positive note.
January 20, 2004... Byline: Jill Miller Sales of single family homes ended 2003 on a positive note. According to the Greater Rochester Association for Realtors, homes sales increased 7.9 percent in December as compared to November. Specifically, 1,104...

'Persistent refusal' not proven in DWI case.
January 20, 2004... Byline: Jill Miller Should the defendant's alleged refusal to submit to a chemical test be suppressed on the ground that the refusal was not persistent as outlined in Vehicle & Traffic Law 1194(2)(f)? Should the defendant's post-arrest,...

Orleans Correctional Facility not found liable for 'deliberate indifference' to medical needs.
January 20, 2004... Byline: Helen Nguyen Did a former prison inmate establish a claim for deliberate indifference to his medical needs in violation of his Eighth Amendment right? In Carlton Smith v. Sally Johnson et al., the plaintiff was affected with a...

Judge Stander seeks second term on NY State Supreme Court Bench.
January 20, 2004... Byline: Staff Judge Thomas A. Stander has announced his candidacy for re-election to the New York State Supreme Court bench. Seeking a second 14-year term, the judge plans to continue his role as the presiding judge of the Supreme...

Buffalo atty. to chair NY State Bar Assn. 'Torts Insurance' meeting.
January 21, 2004... Byline: Staff Daniel W. Gerber, partner with Jaeckle Fleischmann & Mugel LLP's Buffalo office, who practices in the firm's litigation practice group, will chair the joint annual meeting of the Torts Insurance Compensation Law and the Trial...

Bar assn.'s Young Lawyers Section plans 16-credit continuing legal ed. program.
January 21, 2004... Byline: Nora A. Jones At a lunchtime meeting of the Monroe County Bar Association's Young Lawyers Section, Amy Bogardus, section chair, reviewed the topics and tentative speakers for an upcoming continuing legal education program geared...

NY State Court of Appeals lists filings for Nov. 28-Dec. 4, 2003.
January 21, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Bar Assn. of Erie County's Bar Foundation Phone-a-thon raises $200K.
January 21, 2004... Byline: Robbi Hess While the members of the Bar Association of Erie County's Bar Foundation begin their annual Phone-a-thon without any fundraising goal in mind, this year they raised more than $200,000 in individual donations and pledges...

'Speedy trial' focus of motion to dismiss.
January 21, 2004... Byline: Helen Nguyen In a criminal case that has been pending for nearly four years, was the defendant's constitutional right to a speedy trial violated? In United States of America v. Tejbir Oberoi, the defendant was charged with 157...

Defendant owes $14K for Serapi rug.
January 21, 2004... Byline: Jill Miller Does the defendant owe the plaintiff $14,000 for an oriental rug that was entrusted to him in order to sell it on consignment in accordance with an agreement between the two parties? In Michael Hertzberg v. Ziaullah...

U.S. Atty. for Western District of NY appointed to Ashcroft advisory committee.
January 21, 2004... Byline: Robbi Hess Michael Battle, U.S. Attorney for the Western District of New York, is one of six U.S. Attorney's appointed to serve on the Attorney General's Advisory Committee of United States Attorneys. The appointment, made by...

Anthony Lee makes partner at Underberg & Kessler.
January 22, 2004... Byline: Staff Anthony T. Lee, who concentrates his practice in the areas of estate planning and estate and trust administration, has been elected a partner in the law firm of Underberg & Kessler LLP. A graduate of Albany Law School...

State's negligence under s. 241 upheld on appeal.
January 22, 2004... Byline: Nora A. Jones Was the trial court's finding of liability under Labor Law s. 241(b) based on legally sufficient evidence? Did the trial court err in concluding "no comparative fault" on the part of the claimant? The New York...

Drug convictions violate double jeopardy clause.
January 22, 2004... Byline: Jill Miller Did the prosecution violate the double jeopardy clause of the Constitution when it prosecuted the defendant for conspiracy to distribute marijuana in two different federal courts? In USA v. Andy E. Maslin, the...

State report recommends 'pro bono' system.
January 22, 2004... Byline: Staff A report released by the Unified Court System recommends instituting a statewide pro bono system to increase the amount of time New York attorneys spend rendering free legal services to the poor and to promote participation...

American Bar Assn. to hold its midyear meeting in San Antonio.
January 23, 2004... Byline: Staff The American Bar Association will hold its midyear meeting from Feb. 4 through 10, in San Antonio, Texas. Among the cutting-edge legal issues to be covered at the meeting are: * A commemoration of the golden...

New York State Court of Appeals lists more filings.
January 23, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Rochester law firm hosts program on how to turn health-care start-ups into real businesses.
January 23, 2004... Byline: Nora A. Jones Every start-up business has issues, but there are some extra hurdles standing in the way of a health care start-up. It was specifically those complications that sparked a group of attorneys and medical professionals...

A look at the Bar Assn. of Erie County's Lawyer Referral and Information Service.
January 23, 2004... Byline: Robbi Hess As part of our continuing behind the scenes look at the people who keep the Bar Association of Erie County running like a well-oiled machine, we now focus on the Lawyer Referral and Information Service component of the...

NY law firm Hodgson Russ announces its newly elected partners.
January 23, 2004... Byline: Staff Effective Jan. 1, 2004, Hodgson Russ elected Christine A. Bonaguide, Peter C. Godfrey, Kevin D. Szczepanski and Lynda M. Tarantino to the law firm's partnership within the Buffalo office. C.J. Erickson (New York City), and...

U.S. Court of Appeals rules NY State's anti-mask statute is constitutional.
January 23, 2004... Byline: Jill Miller Does New York State's anti-mask statute restrict the right to anonymous speech? Does it regulate symbolic speech? The U.S. Court of Appeals for the Second Circuit was called upon to answer these questions in Church...