Daily Record (Rochester, NY) articles from January 2005

Daily Record (Rochester, NY) archives from January 2005

U.S. District Court judge dismisses plaintiff's Eighth Amendment claim.
January 3, 2005... Byline: Kevin M. Momot Where the plaintiff, an inmate at a correctional facility, argued the defendants subjected him to cruel and unusual punishment and used excessive force in restraining him, there was insufficient evidence that force...

NY State Court of Appeals finds seniority a factor in teaching assistant layoffs.
January 3, 2005... Byline: Jill Miller Pursuant to Education Law s. 3013(2) teaching assistants must be laid off according to seniority status. Thus, a school district erred when it laid off five senior teaching assistants. In Matter of Madison-Oneida...

Nat. Assn. for Law Placement survey looks at women and minority attorneys in large firms.
January 3, 2005... Byline: Staff Recent research from the National Association for Law Placement (NALP) revealed that minority attorneys account for just over 4 percent of the partners in the nation's major law firms and women account for approximately 17...

Monroe County to receive federal funds for adoption services.
January 3, 2005... Byline: Staff New York State has received nearly $3.5 million from the U.S. Department of Health and Human Services' Adoption Incentive Award Program for its efforts to help place foster care children with permanent families. Locally,...

Bankruptcy filings down nearly 3 percent in fiscal year 2004.
January 3, 2005... Byline: Staff Business And Non-Business Filings For Fiscal Years 2000-2004 Fiscal Year Business Non-Business Total 2004 34,817 1,584,170 1,618,987 2003 36,183 1,625,813 1,661,996 2002 39,091 1,508,578 1,547,669 2001...

Scuba diving just one activity that helps NY attorney Hollis Hite stay in shape.
January 3, 2005... Byline: Nora A. Jones Hollis Hite was physically active in her youth - swimming, skiing, running, playing tennis, badminton, basketball, volleyball and softball, and training in Tae Kwon Do. She even taught physical education for a year...

Motion to transfer venue denied by U.S. District Court.
January 4, 2005... Byline: Helen Nguyen Despite the defendant being based in New Jersey, the U.S. District Court for the Western District of New York denied the defendant's request to transfer the case, determining New York was the more appropriate forum for...

Police had probable cause to seize evidence, appellate court rules.
January 4, 2005... Byline: Kevin M. Momot Where the defendant appealed his conviction of criminal possession of a controlled substance arguing evidence seized from his vehicle should have been suppressed, the circumstances of the case provided probable...

Public service becoming more viable for law school graduates.
January 4, 2005... Byline: Daily Record Staff Higher numbers of law school graduates are able to pursue public service jobs than previously because of the increasing availability of loan repayment assistance programs (LRAPs) and public interest scholarship...

Newstead Town Court judge admonished for endorsing town board candidates.
January 4, 2005... Byline: Jill Miller The New York State Commission on Judicial Conduct has admonished a town court judge for publicly endorsing two candidates for the town board. In the Matter of Richard Campbell, the respondent was served with a...

Modification to administrative procedures for filing, signing, verifying pleadings electronically.
January 4, 2005... Byline: Daily Record Staff The court's administrative procedures for filing, signing and verifying pleadings and papers by electronic means has been modified to clarify procedures relating to technical failures. X. Technical Failures...

Plaintiff's summary judgment motion granted in NY environmental action.
January 5, 2005... Byline: Nora A. Jones Where hazardous materials in a Western New York landfill resulted in extensive clean-up costs, the state sued several corporations under provisions of the Comprehensive Environmental Response Compensation and...

Employee's injury not recoverable under labor law, NY State Court of Appeals says.
January 5, 2005... Byline: Jill Miller In a case where an employer made sufficient safety devices available and an employee had been instructed to use the devices, this injured employee may not recover under Labor Law s. 240(1) for injuries he sustained...

NY appellate division suspends two attorneys, censures one.
January 5, 2005... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter Of Mitchell K. Friedman, An Attorney, Respondent. Grievance Committee Of The...

NY State Assembly to hold public hearing on the death penalty.
January 5, 2005... Byline: Daily Record Staff On Jan. 21, the New York State Assembly's Standing Committee on Codes, the Standing Committee on the Judiciary and the Standing Committee on Correction will hold a joint public hearing to examine the future of...

City of Niagara Falls required prior written notice of defect in personal injury lawsuit.
January 5, 2005... Byline: Kevin M. Momot Where the plaintiff brought a personal injury action against a municipality and abutting landowners after tripping and falling on a portion of a sidewalk that was raised by the roots of a nearby tree, the...

Law Day award nominations sought by Bar Association of Erie County.
January 5, 2005... Byline: Daily Record Staff Each year, bar associations across the country pause to pay tribute to the American system of law and justice on Law Day. Traditionally observed on or around May 1, Law Day is a focal point for many community...

Claimant, inmate at NY correctional facility, failed to show dangerous condition.
January 6, 2005... Byline: Kevin M. Momot Where the claimant, an inmate at a correctional facility, brought an action against the state for injuries sustained from a slip and fall on a gymnasium floor, the claimant failed to demonstrate existence of...

Petition raises life sustaining treatment decisions.
January 6, 2005... Byline: Jill Miller Concluding a mentally retarded person was incapable of making health care decisions on her own behalf, including decisions regarding life-sustaining treatment, the Surrogate's Court granted the petitioner-mother's...

NY attorney Kevin Bryant disbarred based on murder conviction.
January 6, 2005... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter Of Kevin C. Bryant, A Suspended Attorney, Respondent - A certified copy of a...

Lengthy jail sentences imposed for illegal asbestos removal activities.
January 6, 2005... Byline: Daily Record Staff The U.S. District Court for the Northern District of New York recently convicted Alex Salvagno and his father Raul Salvagno to 25 years and 19.5 years of imprisonment, respectively, following their convictions...

Monroe County Family Court orders mother to refrain from conceiving.
January 7, 2005... Byline: Jill Miller A Monroe County Family Court judge has ordered a respondent/mother to refrain from conceiving any more children in response to a third neglect petition filed against her. In the Matter of A.E, A Child Under the Age...

U.S. District Court for the Western District of New York dismisses marital discrimination case.
January 7, 2005... Byline: Nora A. Jones In Linda C. Smering v. FMC Corp., the plaintiff alleged she was treated less favorably than male employees based on her gender and that her superiors discriminated against her because she was married to a particular...

Administrative Office of the U.S. Courts increases case compensation limits for CJA attorneys.
January 7, 2005... Byline: Staff The Administrative Office of the U.S. Courts announced that the Omnibus Appropriations Act, fiscal year 2005, enacted on Dec. 8, 2004, amended the Criminal Justice Act (CJA), 18 USC s. 3006A, to raise the case compensation...

Consumers receive $7.8M in refunds and credits thanks to FCC.
January 7, 2005... Byline: Staff Consumers received refunds and credits totaling $7.8 million as a result of contacting the FCC during 2004. This figure includes more than $7 million returned to consumers as a result of informal complaints about phone...

Plaintiff's claims against bank dismissed by Appellate Division, Fourth Dept.
January 10, 2005... Byline: Kevin M. Momot Where the plaintiff sought compensatory and punitive damages and to rescind transactions made with her bank, based on allegations of fraudulent misrepresentation and concealment, forgery, breach of fiduciary duty,...

Ontario County Court judge denies defendant's motions to suppress statements.
January 10, 2005... Byline: Jill Miller An Ontario County Court judge denied the defendant's request to suppress certain statements he made to the police, specific evidence seized from his vehicle and identification testimony used to implicate him in an...

NY-based Harter, Secrest & Emery raises funds for relief effort in Southeastern Asia.
January 10, 2005... Byline: Daily Record Staff Harter, Secrest & Emery LLP (HS&E) conducted an internal fund drive to benefit the American Red Cross International Relief Fund effort in Southeastern Asia. On Friday, Dec. 30, 2004 the attorneys and staff at...

Commission concludes Junius Town Court judge should be removed from office.
January 10, 2005... Byline: Jill Miller The New York State Commission on Judicial Conduct concluded a Junius Town Court judge should be removed from office on the grounds he mishandled a small claims case. Specifically, the commission concluded the...

NY State Court of Appeals lists filings for December 10-16, 2005.
January 10, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

NY State Court of Appeals Judge Victoria A. Graffeo to speak at UB Law Alumni Luncheon.
January 10, 2005... Byline: Daily Record Staff New York State Court of Appeals Judge Victoria A. Graffeo will be the featured speaker when alumni and friends of the University at Buffalo Law School hold their annual New York City Alumni Luncheon at noon on...

Settlement approved in securities class action lawsuit against Bausch & Lomb.
January 11, 2005... Byline: Nora A. Jones Where certain shareholders of record alleged securities fraud in violation of 15 USC s.s. 78j(b), Rule 10b-5, the U.S. District Court for the Western District of New York reviewed the propriety of class certification...

Police had probable cause to arrest defendant, Monroe County Court judge decides.
January 11, 2005... Byline: Jill Miller Based on the information supplied by a police dispatch and neighbors, the police had probable cause to arrest the defendant on his front porch. In People v. James Williams, the defendant moved to suppress evidence...

Civil filing fee increase impacts Bankruptcy Court's fee schedule.
January 11, 2005... Byline: Daily Record Staff The fee to commence a civil action under 28 USC Section 1914(a) has increased from $150 to $250. There are two fees on the bankruptcy court "Miscellaneous Fee Schedule" issued in accordance with 28 USC...

Rochester's Jaeckle Fleischmann makes donation to medical research institute.
January 11, 2005... Byline: Daily Record Staff Jaeckle Fleischmann & Mugel, LLP has made a $50,000 contribution to the Hauptman-Woodward Medical Research Institute's (HWI) Cures Begin Here Capital Campaign to support HWI's new Structural Biology Research...

Rochester atty. says he went into law to support his writing habit.
January 11, 2005... Byline: Nora A. Jones Jere B. Fletcher's 'photo-poetry' was recently on display at Rochester City Hall in the Links Gallery, as part of the Artist Breakfast Group Exhibit titled 'awakenings.' The exhibit included paintings, sculpture,...

Defendant's suppression motion denied by Appellate Division, Fourth Dept.
January 12, 2005... Byline: Kevin M. Momot Where the defendant moved to suppress certain admissions he made to police on the grounds that no Miranda warnings were administered, there was no indication a reasonable person in the defendant's position would...

Law firm's tampering with retainer agreement violates rules of professional responsibility.
January 12, 2005... Byline: Jill Miller A law firm which crossed out a paragraph on the retainer agreement relating to the client's responsibility to pay for litigation expenses was not entitled to receive compensation for any services it performed on the...

NY's commission on minorities seeks nominations for diversity award.
January 12, 2005... Byline: Daily Record Staff The Franklin H. Williams Judicial Commission on Minorities will host its diversity awards program in May to honor judges and non-judicial personnel of the New York State Unified Court System, as well as...

NY State Bar Assn. president speaks at solo, small firm hearing.
January 12, 2005... Byline: Daily Record Staff Calling solo and small firm lawyers "the lifeblood of his 71,000-member organization," New York State Bar Association President Kenneth G. Standard provided testimony at a public hearing called to "examine the...

NY State Court of Appeals lists filings for December 17-23, 2005.
January 12, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

HealthSouth to pay $325M to resolve Medicare fraud allegations.
January 12, 2005... Byline: Daily Record Staff HealthSouth Corp., a provider of rehabilitative medicine services, has agreed to pay the United States $325 million to settle allegations it defrauded Medicare and other federal healthcare programs. The...

NY atty. Barbara Ellen Handschu named President of American Academy of Matrimonial Lawyers.
January 12, 2005... Byline: Daily Record Staff Barbara Ellen Handschu has been elected president of the American Academy of Matrimonial Lawyers, a national organization of 1,600 divorce and family law attorneys. Handschu is the first academy president from...

Albert R. Mugel National Tax Moot Court Competition registration deadline Jan. 15.
January 12, 2005... Byline: Daily Record Staff From March 31 to April 2, the Buffalo Moot Court Board of the University at Buffalo Law School will host the annual Albert R. Mugel National Tax Moot Court Competition. This competition features teams from...

Breath test operator's testimony stricken from record by Webster Town Court judge.
January 13, 2005... Byline: Jill Miller Even though the defense did not receive certain breath test documents until the day of the trial, the defendant's right to a speedy trial was not violated. However, the testimony of the breath test operator must be...

Lawyers for Learning program continues to make a difference.
January 13, 2005... Byline: Kevin M. Momot The Monroe County Bar Association's Lawyers for Learning (LFL) program continues to make a difference in the community by providing assistance to students in School 29, a kindergarten through sixth grade elementary...

J. Montieth Estes joins Rochester's Jaeckle Fleischmann & Mugel as partner.
January 13, 2005... Byline: Daily Record Staff J. Montieth Estes has joined Jaeckle Fleischmann & Mugel, LLP, as a partner. Estes ("Monty") is a member of the firm's business, corporate and intellectual property practice groups. He concentrates his...

Second Circuit Court of Appeals affirms Judge Skretny's reading of DNA Act.
January 14, 2005... Byline: Nora A. Jones In United States v. Lawrence Peterson, the government argued that the U.S. District Court for the Western District of New York should have required the defendant in a bank larceny case to submit to a DNA test pursuant...

Defendant's motion to suppress statements granted by Monroe County Court judge.
January 14, 2005... Byline: Jill Miller Because the defendant was under the influence of drugs or alcohol at the time he spoke with a police investigator, he was incapable of voluntarily, knowingly and intelligently waiving his rights. As a result, the...

Wojtaszek joins Harris Beach LLP, establishing office in Niagara County.
January 14, 2005... Byline: Staff Harris Beach LLP has expanded its offices into Niagara County with the addition of Henry F. Wojtaszek, who joined the firm as partner and a member of the governmental and quasi-governmental agencies industry team. This...

NY State AG to sue Canadian American Transportation Systems to obtain consumer refunds.
January 14, 2005... Byline: Staff The New York State Attorney General's office has notified the owners of the Canadian American Transportation Systems (CATS) of its intention to sue to obtain tens of thousands of dollars in refunds for consumers. CATS -...

Klein named contributing editor of '2005 Guidebook to New York Taxes'.
January 14, 2005... Byline: Staff Hodgson Russ LLP partner Mark S. Klein was selected by the editorial board of CCH Inc., a publisher of tax and business law information, to serve as the contributing editor of the 2005 Guidebook to New York Taxes. The...

Monroe County not obligated to provide health services to Rochester City Schools.
January 18, 2005... Byline: Kevin M. Momot Where Monroe County eliminated all funding for school health services other than those mandated by state law, the county was under no obligation to continue funding general health services for the Rochester City...

NY Supreme Court extends plaintiff's time to serve complaint due to the error of process serving co.
January 18, 2005... Byline: Jill Miller A process serving company's alleged fraudulent and unprofessional actions led a State Supreme Court judge to grant the plaintiff's motion to extend the time of service. In Janet Beardsley v. Mark J. Cohen, M.D....

Rochester law firm Nixon Peabody helps support Red Cross tsunami relief effort.
January 18, 2005... Byline: Daily Record Staff Nixon Peabody, LLP recently made a $30,000 contribution to provide assistance to the tsunami victims in Southeast Asia. The donation, which was made to the Red Cross International Disaster Relief Fund, was given...

NY State Bar Assn. unveils 2005 agenda.
January 18, 2005... Byline: Daily Record Staff The New York State Bar Association unveiled its 2005 legislative priorities agenda. "An available and responsive civil justice system, tort law protections, a dignified dissolution for irretrievably broken...

Rochester area home listings drop in December.
January 18, 2005... Byline: Jill Miller The number of homes listed for sale dropped sharply in December as compared to November. According to the Greater Rochester Association of Realtors, 992 homes were listed for sale last month, down 30 percent from...

NY State Court of Appeals lists filings for December 24- 30, 2004.
January 18, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Federal sentencing guidelines scrutinized after Supreme Court's decision.
January 19, 2005... Byline: Nora A. Jones When the U.S. Supreme Court decided Blakely v. Washington in June 2004 pertaining to state sentencing guidelines, many lower courts struggled to understand what impact this decision would have on the U.S. Sentencing...

Police had probable cause to arrest defendant, Monroe County Court judge finds.
January 19, 2005... Byline: Jill Miller A police officer was justified in detaining the defendant based on the information provided by the victim's sister and a police dispatch. This was the finding of acting Monroe County Court Judge John Schwartz in...

Commercial litigation topic of Monroe County Bar Assn. continuing legal ed. program.
January 19, 2005... Byline: Jill Miller Preparing for and avoiding commercial litigation was the subject of a recent continuing legal education program sponsored by the Business Law Section of the Monroe County Bar Association. Over 75 attorneys attended...

Rochester's 2005 Athena Awards recognize women in leadership roles.
January 19, 2005... Byline: Nora A. Jones The Athena Award is based on a leadership model that includes eight key elements: (1) fierce advocacy; (2) celebration and joy; (3) relationships; (4) courageous acts; (5) giving back; (6) collaboration; (7) authentic...

New York's oldest state employee celebrates 90 years young at Niagara County Courthouse.
January 19, 2005... Byline: Fred Petersen On Jan. 13, Josephine O'Brien celebrated her 90th birthday with friends and colleagues at the Niagara County courthouse, and was presented with a special plaque for her achievement. O'Brien began a career as a law...

NY Environmental Conservation provisions violate commerce clause.
January 20, 2005... Byline: Kevin M. Momot Where the plaintiff commenced an action seeking a declaration that New York Environmental Conservation Law (ECL) s. 27-0923 was facially discriminatory against interstate commerce, the section as applied by the...

Rochester City Court judge says administrative search warrant not appealable.
January 20, 2005... Byline: Jill Miller An administrative search warrant handed down by a Rochester City Court judge was not appealable because the warrant expired before the search of the property in question was executed. Thus, the issue of whether the...

Rochester small firm attorneys, solo practitioners testify before commission.
January 20, 2005... Byline: Jill Miller Cutting down on the "waiting around time" at the Hall of Justice was just one of the concerns raised by attorneys appearing before the Commission to Examine Solo and Small Firm Practice. The commission was in town...

Monroe County Bar Assn. task force on advertising considers options.
January 20, 2005... Byline: Nora A. Jones In a survey conducted on behalf of the Monroe County Bar Association last year, the membership indicated, from a list of various choices, that "public perception of attorneys" and "attorney advertising" were among the...

NY State Court of Appeals lists more filings for December 24-30, 2004.
January 20, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

NY State Supreme Court denies snowmobile club's request for summary judgement.
January 21, 2005... Byline: Kevin M. Momot Where the plaintiff brought an action against the defendant for wrongful death and personal injuries sustained in a snowmobile accident based on the defendant's negligence in designating an inappropriate bridge on a...

NY State Supreme Court dismisses complaint in asbestos liability case.
January 21, 2005... Byline: Jill Miller The defendant cannot be held liable for the previous company's sale of brake products which allegedly resulted in the decedent's exposure to asbestos. This was the finding of New York State Supreme Court Judge...

Second Circuit Court of Appeals to require law briefs in PDF format.
January 21, 2005... Byline: Staff The U.S. Court of Appeals for the Second Circuit proposed a change to its local rules requiring counseled parties to submit, in addition to the required number of paper copies, a brief in PDF format. The rule will not...

Buffalo lawyer David F. Pfalzgraf named to chair NY State Lawyer Assistance Trust.
January 21, 2005... Byline: Staff David R. Pfalzgraf, of the Buffalo law firm Pfalzgraf, Beinhauer & Menzies LLP, has been named by Chief Judge Judith S. Kaye as the new chair of the Board of Trustees of the New York State Lawyer Assistance Trust. The...

NY State Court of Appeals lists filings December 31-January 6, 2005.
January 21, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Bar Assn. of Niagara County elects new officers and board members for 2005.
January 21, 2005... Byline: Daily Record Staff Thomas W. Scirto, chief counsel for the Niagara County Department of Social Services, has been elected president of the Bar Association of Niagara County. Scirto also maintains a law office on Main Street in...

NY appellate court rules town not liable for employee's actions.
January 24, 2005... Byline: Kevin M. Momot Where the plaintiff property owners commenced an action against the defendant town to recover for damages caused by the allegedly negligent issuance of a building permit and certificate of occupancy, the town was...

Monroe County Court judge rules defendant's statements to police were voluntary.
January 24, 2005... Byline: Jill Miller The defendant's suspicious behavior at a home where a burglary alarm went off combined with the statements of the neighbors provided the police with enough probable cause to take the defendant into custody. In...

NY State Bar Assn. submits brief to federal court regarding Gramm-Leach-Bliley Act.
January 24, 2005... Byline: Staff The New York State Bar Association has submitted its brief in the U.S. Court of Appeals for the District of Columbia Circuit in opposition to the Federal Trade Commission's appeal from the May 2004 judgment that the privacy...

American Bar Assn. releases survey of state disability discrimination laws.
January 24, 2005... Byline: Staff The American Bar Association Commission on Mental and Physical Disability Law released a new survey of state disability discrimination laws. Written by John W. Parry, commission director, the Monograph on State...

Western District of NY judge says insurance policy provision inapplicable.
January 25, 2005... Byline: Kevin M. Momot Where the plaintiff brought an action challenging an insurance company's rescission of a disability insurance policy, the provision of the policy dismissing the claim as time-barred by a contractual three-year...

Defendant's request for DNA test granted by Monroe County Court judge.
January 25, 2005... Byline: Jill Miller A Monroe County Court judge has granted the defendant's request to conduct a DNA test of a hair found at the crime scene. However, the judge denied the defendant's request to test other items found at the scene. In...

Judge Eugene Pigott speaks with Monroe County Bar Assn.
January 25, 2005... Byline: Jill Miller Judge Eugene Pigott shared a brief overview of his job as presiding justice of the Appellate Division, Fourth Department before opening up the discussion to questions from the audience during an early morning continuing...

Laurie Lambrix to receive NY State Bar Assn.'s Haywood Burns Award.
January 25, 2005... Byline: Daily Record Staff One outstanding attorney is selected each year by the New York State Bar Association to receive the Haywood Burns Award. For 2005, Laurie Lambrix, who heads up the Fair Housing Enforcement Project of Monroe...

U.S. District Court upholds denial of insurance coverage.
January 26, 2005... Byline: Helen Nguyen Because the plaintiff was not operating his boat at the time of the accident as required by his insurance policy, the U.S. District Court for the Western District of New York held it was reasonable for the insurance...

Suffolk County Family Court removes atty. due to conflict of interest.
January 26, 2005... Byline: Jill Miller An attorney who was hired to represent the respondent, a juvenile accused of sexually abusing a sibling, must be removed from representation on the grounds the representation presented a conflict of interest. In...