Daily Record (Rochester, NY) articles from January 2006

Daily Record (Rochester, NY) archives from January 2006

U.S. Bankruptcy Court, Western District, N.Y. rules paralegal compensation was not reasonable.
January 3, 2006... Byline: Sarah M. Feingold Where a paralegal completed work for a law firm and the firm sought compensation, the trustee objected to the portion of the application which sought payment for services completed by the paralegal. Reviewing...

Clean Water Act claims dismissed by U.S. Dist. Court, Western Dist., N.Y. for lack of specificity.
January 3, 2006... Byline: Helen Nguyen Allegations that the defendants violated the Clean Water Act (CWA) with regard to the construction of a retail shopping area were at the center of a lawsuit initiated by members of a group known as CARS (Citizens...

Monroe County Bar Assn. now accepting nominations for 2006-07.
January 3, 2006... Byline: Daily Record Staff The Monroe County Bar Association Nominating Committee is seeking suggestions from association members on possible nominees for president-elect, secretary and five trustees, to take office July 1. The Nominating...

Appellate Division, Fourth Department rules police response to domestic dispute was proper.
January 4, 2006... Byline: Kevin M. Momot In a personal injury action, the plaintiff sought damages from the defendant municipality for injuries sustained from gunshot wounds inflicted by the plaintiff's husband, following an alleged negligent police...

Ithaca City Court judge rules leash laws did not extend to 'navigable waters'.
January 4, 2006... Byline: Sarah M. Feingold Where the defendant was issued a ticket for failing to restrain his dog when he allowed it to swim in a lake adjacent to a state park, the court examined whether the statute applied to dogs swimming in that...

Appellate Division, Fourth Department handles attorney discipline matters.
January 4, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions: Matter Of Jeffrey A. Lazroe, An Attorney, Respondent. Grievance Committee Of The Eighth...

Rochester Legal Briefs: January 4, 2006.
January 4, 2006... Byline: Daily Record Staff In December 2005 decisions released by the Appellate Division, Fourth Department, numerous criminal law issues were addressed. The issues include "specific performance" after a guilty plea, and whether the...

New York State Court of Appeals lists filings for November 11-17, 2005.
January 4, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

U.S. District Court orders evidence from eavesdropping warrant suppressed.
January 5, 2006... Byline: Helen Nguyen Concluding the police failed to follow the terms of an eavesdropping warrant when they failed to record onto a tape or wire the information they intercepted from a digital pager, the U.S. District Court for the Western...

Defendant's motion to set aside verdict denied.
January 5, 2006... Byline: Sarah M. Feingold Where the defendant was charged with assault, he moved to set aside the verdict on the ground of newly discovered evidence. The defendant argued new evidence, an admission by another individual, had been...

Commercial Division adopts uniform rules statewide.
January 5, 2006... Byline: Daily Record Staff For the first time since the Commercial Division was created in New York in 1995, the Administrative Board of the Courts has established statewide uniform rules governing the jurisdiction and procedures. ...

Justice Roberts' year-end report on federal judiciary.
January 5, 2006... Byline: Daily Record Staff The following is U.S. Supreme Court Chief Justice John Roberts' year-end report on the federal judiciary: New Year's Day in America means football, parades, and, of course, the year-end report on the federal...

U.S. District Court denies claim for disability benefits.
January 6, 2006... Byline: Helen Nguyen In a case where the plaintiff applied for disability benefits due to back pain, the U.S. District Court for the Western District of New York concluded there was substantial evidence to support the Social Security...

Judge says plaintiff's legal malpractice action without merit.
January 6, 2006... Byline: Sarah M. Feingold Where the defendant attorney represented an estate and he gave advice to a beneficiary, the beneficiary alleged legal malpractice. Reviewing the facts in Teresa Reyes v. Joseph L. Leuzzi, New York State...

Tonawanda pharmacy pays NY State $2 million in Medicaid probe.
January 6, 2006... Byline: Daily Record Staff A Tonawanda pharmacy has agreed to pay over $2 million in a settlement that resolves a probe into billing irregularities. Parkview Health Services, Inc. will pay a total of $2,050,000 to resolve allegations...

Rochester Legal Briefs: January 6, 2005.
January 6, 2006... Byline: Daily Record Staff In its December 2005 decisions, the Appellate Division, Fourth Department addressed issues such as probable cause and guilty pleas. In a parole revocation appeal, the appellate court held that possessing an...

Monroe County Court judge rules defendant high-risk sex offender.
January 9, 2006... Byline: Sarah M. Feingold Where the defendant was convicted of sexual assault and assessed as a Risk Level 3 Offender, he argued that a reduction of points was proper and he should be classified as a Risk Level 2 Offender. Reviewing...

U.S. District Court for NY grants plaintiff's motion to amend complaint in severance pay dispute.
January 9, 2006... Byline: Helen Nguyen In an employment dispute under the Employee Retirement Income Security Act (ERISA), the plaintiff filed a motion to amend her complaint to add new claims related to her allegations that her former employer failed to...

Seventh Judicial District implements Commercial Tax Certiorari Program.
January 9, 2006... Byline: Daily Record Staff The Seventh Judicial District Commercial Division, has implemented a Pilot Commercial Tax Certiorari Program. The pilot program, which focuses on tax certiorari proceedings involving commercial real property...

NYSBA Task Force to review attorney-client privilege waiver.
January 9, 2006... Byline: Daily Record Staff A new task force was created by the New York State Bar Association to review and make recommendations regarding the recent practice by state and federal prosecutors of asking clients to waive the attorney-client...

Bar Association of Erie County holds judicial welcoming ceremony.
January 9, 2006... Byline: Sarah M. Feingold The Bar Association of Erie County recognized newly elected, re-elected and appointed members of the judiciary at the Judicial Welcoming Ceremony on Jan. 4 at the Erie County Hall. Both Appellate Division,...

U.S. District Court for W. District of NY dismisses inmate's claims against Attica prison doctors.
January 10, 2006... Byline: Helen Nguyen Whether an inmate received inadequate medical treatment from doctors at a prison correctional facility with regard to his diabetes was the central issue that the U.S. District Court for the Western District of New York...

Monroe County Court judge denies motion to vacate manslaughter judgment.
January 10, 2006... Byline: Sarah M. Feingold Where the defendant was convicted of manslaughter, he moved to vacate judgment based on grounds that new evidence existed and he did not receive effective assistance of counsel. Reviewing the facts in People...

Monroe County Bar Assn. seeks nominations for Adolph J. Rodenbeck Award.
January 10, 2006... Byline: Daily Record Staff The Monroe County Bar Association is currently seeking nominations for the Adolph J. Rodenbeck Award. The award is presented annually at the Law Day Luncheon to a recipient who exemplifies the attributes of...

NY appellate court rules law barring marriage licenses for same-sex couples constitutional.
January 10, 2006... Byline: Daily Record Staff A New York state law denying marriage licenses to same-sex couples is, in fact, constitutional. This was the determination of the Appellate Division, First Department in Hernandez v. Robles, which last month...

NY Court of Appeals lists filings for Nov. 25-Dec. 1, 2005.
January 10, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Charges against Rochester-area nursing homes allege patient neglect.
January 10, 2006... Byline: Daily Record Staff New York State Attorney General Eliot Spitzer announced the arrest of 19 employees at two separate nursing homes in Rochester and Cortland where hidden cameras revealed evidence of patient neglect. In...

Rochester Legal Briefs: January 10, 2006.
January 10, 2006... Byline: Daily Record Staff Civil decisions by the Appellate Division, Fourth Department addressed issues involving breach of contract and long-arm jurisdiction. A suit for malicious prosecution in Erie County was dismissed due to no...

Court of Appeals examines 'Depraved Indifference Murder'.
January 11, 2006... Byline: Kevin M. Momot In two separate cases, the defendants were found guilty of depraved indifference murder, which the Appellate Division affirmed. However, the New York State Court of Appeals determined the evidence in each case was...

Motion to set aside assault conviction denied.
January 11, 2006... Byline: Sarah M. Feingold Where the defendant was convicted, based on his guilty plea, of assault and was sentenced to nine years in prison, he moved to vacate the judgment. The defendant claimed that the sentence was harsh and excessive,...

NY State Assembly advances plan to keep sex predators registered.
January 11, 2006... Byline: Daily Record Staff On Monday, Jan. 9, the New York State Assembly acted on legislation (A.9082) that would stop sex offenders from being removed from the state registry. However, measures winding their way through U.S. Congress...

U.S. District Court says insurance binder was an enforceable contract.
January 12, 2006... Byline: Helen Nguyen In an insurance dispute involving the construction of an underground salt mine, the U.S. District Court for the Western District of New York ruled that an insurance binder that the defendant insurance broker issued to...

Statements obtained from defendants admissible.
January 12, 2006... Byline: Sarah M. Feingold Where three defendants were charged with robbery, the defendants argued the statements were obtained in violation of their constitutional rights, the identification procedure was not constitutionally permissible...

Myrna Felder to be featured in first Herstory lecture Of 2006.
January 12, 2006... Byline: Nora A. Jones Myrna Felder has had two careers - so far. She was a singer and dancer on and off Broadway before she married well-known matrimonial attorney Raoul Lionel Felder and decided to go to law school. All indications...

Nixon Peabody named to 'FORTUNE' Top 100 companies.
January 12, 2006... Byline: Daily Record Staff Nixon Peabody LLP has been named one of the "100 Best Companies To Work For" by FORTUNE magazine. Nixon Peabody is one of only six law firms to be named to the 2006 list, and the only local firm to be included....

N.Y. State Court of Appeals rules rights under Confrontation Clause violated.
January 13, 2006... Byline: Helen Nguyen The New York State Court of Appeals recently ordered a new trial be given to a defendant, who claimed he was mentally insane when he killed a woman by pushing her into the path of an approaching subway train. In...

Kings County Civil Court rules dismissal not proper where plaintiff failed to file certificate of me.
January 13, 2006... Byline: Sarah M. Feingold Where the plaintiff was allegedly injured as a result of a fall at his doctors' office, he argued that the defendants were negligent and violated medical practices. The defendants argued the complaint sounded in...

Rochester Legal Briefs: January 13, 2006.
January 13, 2006... Byline: Daily Record Staff In Appellate Division decisions, the Fourth Department reviewed issues involving governmental liability, including notice of claim, liability for an accident occurring at a park, and the allegedly negligent...

Rochester City Court judge rules disability benefits exempt from creditors.
January 17, 2006... Byline: Sarah M. Feingold Where the debtors did not challenge the plaintiff's assertions regarding her debt, one debtor moved for a protective order as her only financial resources came from limited Social Security disability benefits. ...

NY State Court of Appeals upholds ruling despite non-lawyer participation.
January 17, 2006... Byline: Kevin M. Momot In a criminal case where the defendant was represented by an admitted attorney and an individual holding herself out as an attorney, the issue was whether the defendant's conviction of grand larceny should be...

Greater Rochester Assn. of Realtors: Home sale volume breaks all-time record in 2005.
January 17, 2006... Byline: Sarah M. Feingold According to the Greater Rochester Association of Realtors, year-to-date existing single-family home sales in 2005 reached an all-time record at 13,312. Closings are up 4.3 percent compared to 2004, and are...

U.S. Bankruptcy Court rules Submission of payment advices was required.
January 18, 2006... Byline: Kevin M. Momot In a bankruptcy case, the debtor filed an application to waive submission of payment advices (i.e. pay stubs) he received during the 60 days prior to bankruptcy filing. U.S. Bankruptcy Court Judge Carl L. Bucki...

N.Y. State Supreme Court rules cigarette wholesaler's agreement with tax dept. upheld.
January 18, 2006... Byline: Sarah M. Feingold Where the plaintiff sought various remedies in connection with a pending license suspension proceeding, the defendant moved to dismiss the action. Reviewing the facts in Harold Levinson Associates, Inc., v....

U.S. District Court implements pilot Alternative Dispute Resolution program.
January 18, 2006... Byline: Sarah M. Feingold As of Jan. 1, the U.S. district court judges for the Western District of New York have authorized the implementation of a pilot Alternative Dispute Resolution (ADR) program which will operate through Dec. 31....

N.Y. Gov. Pataki unveils $1.1B job-creating tax cut package.
January 18, 2006... Byline: Daily Record Staff Gov. George E. Pataki announced that his 2006-07 Executive Budget, which was unveiled yesterday, includes a new $1.1 billion job-creating tax cut package. Details of the plan include: Eliminating the...

Divorce judgment did not bar plaintiff's personal injury action against husband.
January 19, 2006... Byline: Kevin M. Momot Where the plaintiff commenced a personal injury action after stipulation of settlement in a matrimonial case, res judicata did not require that the divorce and tort actions be tried together. In Xiao Yang Chen...

Trial readiness declared within statutory period.
January 19, 2006... Byline: Sarah M. Feingold Charged with three counts of robbery and two counts of assault, the defendant moved to dismiss the indictment on the ground that he was denied his right to a speedy trial pursuant to CPL 30.30. Reviewing the...

Justice Dept. files lawsuit against American Airlines.
January 19, 2006... Byline: Daily Record Staff The U.S. Dept. of Justice has filed a lawsuit against American Airlines, Inc., alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit represents the...

National survey shows increased satisfaction with outside counsel.
January 19, 2006... Byline: Daily Record Staff A survey of chief legal officers in U.S. corporations shows that law firms hired as outside legal counsel have been doing something right in the past year. The 2005 Chief Legal Officer Survey, conducted by...

Robert B. Wegman provides $8M to St. John Fisher for School of Nursing.
January 19, 2006... Byline: Daily Record Staff Dr. Donald E. Bain, president of St. John Fisher College, announced that Robert B. Wegman has made a gift of $8 million to the college, which will be used to fund a school of nursing. This is the largest gift in...

New York State Court of Appeals lists December 2005 filings.
January 19, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

District court says ADHD child entitled to disability benefits.
January 20, 2006... Byline: Helen Nguyen An 11-year-old boy, who was diagnosed with attention deficit hyperactivity disorder (ADHD), was found to be disabled and entitled to benefits by the U.S. District Court for the Western District of New York in White on...

Defendant's motion for resentencing was granted.
January 20, 2006... Byline: Sarah M. Feingold Where the defendant was convicted of two A-1 felonies and one B felony, served nearly 10 years of his sentence and had an excellent prison record, he moved to be resentenced. Reviewing the facts in People v....

CLE planned for non-patent attorneys.
January 20, 2006... Byline: Daily Record Staff Non-patent attorneys, including corporate counsel, are often the first lawyers contacted by clients who need patent protection, who want to grant or take a patent license and who are sued or want to sue on a...

NY State Court of Appeals lists filings for December 2-8, 2005.
January 20, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

U.S. District Court, Western District of N.Y. upholds drug conspiracy convictions.
January 23, 2006... Byline: Helen Nguyen Concluding there was sufficient evidence that the defendants were members of a conspiracy to possess and distribute cocaine, the U.S. District Court for the Western District of New York denied the defendants' motions...

Cortland County, N.Y. Surrogate's Court rules father disqualified from sharing in son's estate.
January 23, 2006... Byline: Sarah M. Feingold Where the father of a decedent son had no contact since the age of 15, the mother argued that the father was ineligible to be a distributive beneficiary under the decedent's estate. Reviewing the facts in...

N.Y. State Attorney General Spitzer's legislative proposal focuses on Medicaid fraud.
January 23, 2006... Byline: Daily Record Staff New York State Attorney General Eliot Spitzer is proposing new Medicaid fraud legislation modeled after the statute used to bring reform to the financial industry. Spitzer's proposal, dubbed the "Martin Act...

Assn. of Corporate Counsel holds continuing legal education seminar in Rochester.
January 23, 2006... Byline: Sarah M. Feingold On Wednesday, Jan. 18 the Association of Corporate Counsel (ACC) held a continuing legal education seminar event titled "Managing Intellectual Property Assets" at the law offices of Nixon Peabody LLP....

U.S. District Court for W. District of NY dismisses employee's age discrimination claims.
January 24, 2006... Byline: Helen Nguyen Whether the employer discriminated against the plaintiff based on his age when it selected a younger employee for a job position was the issue the U.S. District Court for the Western District of New York addressed in...

Monroe County Bar Association's DEAFund honored with award of merit.
January 24, 2006... Byline: Daily Record Staff The New York State Conference of Bar Leaders has announced the winners of its 2005 Awards of Merit for local bar associations. The awards honor such organizations for their "innovative, creative professional and...

NY State Supreme Court, Monroe County judge grants motion for resentencing.
January 24, 2006... Byline: Sarah M. Feingold Where the defendant was convicted of Criminal Sale of a Controlled Substance in the First Degree, Criminal Possession of a Controlled Substance in the Second Degree and Criminal Possession of Controlled Substance...

New York State Court of Appeals lists filings for December 9-15, 2005.
January 24, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

U.S. District Court, Western District, N.Y. rules TSO was warranted in trademark dispute.
January 25, 2006... Byline: Helen Nguyen In a trademark infringement dispute between two television networks, the U.S. District Court for the Western District of New York granted the plaintiff's motion for a temporary restraining order which prevents the...

Donald M. Thompson receives N.Y. State Bar Assn.'s Criminal Justice Section award.
January 25, 2006... Byline: Sarah M. Feingold The New York State Bar Association's Criminal Justice Section will present annual awards for outstanding achievement during its annual meeting in New York City this week. Among those being honored by the NYSBA...

Ameriquest Mortgage Co. to pay $325M in multistate settlement agreement.
January 25, 2006... Byline: Daily Record Staff A $325 million settlement agreement was recently reached with the nation's largest subprime mortgage lender to overhaul its existing sales, appraisal and closing practices. Under the agreement, Ameriquest...

N.Y. State Court Of Appeals lists more December 2005 filings.
January 25, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Buffalo City Court dismisses complaint due to inadequate service.
January 25, 2006... Byline: Sarah M. Feingold In Marita Car Rentals, Inc. d/b/a Budget Rent A Car v. Ahmed Ishtiaq and Nani Casses the plaintiff served process on the Secretary of State in their New York City office. Buffalo City Court Judge James A.W....

Breach of contract claim dismissed in case involving homeowner's insurance.
January 26, 2006... Byline: Helen Nguyen The appraisal clause of a homeowner's insurance policy was at the center of a case in which the plaintiffs sought more than $540,897 for their home when it was destroyed by a propane gas explosion. In Woodworth et...

Trustee not held to be 'bona fide purchaser'.
January 26, 2006... Byline: Sarah M. Feingold In a Chapter 13 case, where a mortgage contained a typographical error, the trustee moved for summary judgment to avoid the mortgage. The court determined the trustee was not a "bona fide purchaser for value" and...

ABA calls on Syracuse University legal experts for review of Supreme Court nominee.
January 26, 2006... Byline: Daily Record Staff Syracuse University College of Law provided one of the two academic reading groups that evaluated Judge Samuel Alito's written work as part of the American Bar Association's evaluation of his qualifications for...

Monroe County Bar Assn. displays paintings by local artist.
January 26, 2006... Byline: Sarah M. Feingold The Monroe County Bar Association has recently acquired 10 works by local watercolor artist Christine Waara. Each piece of art is on display on the 10th floor of the newly re-modeled MCBA offices. As the...

U.S. District Court for the Western District of NY rules child no longer disabled.
January 27, 2006... Byline: Helen Nguyen Finding that a child's condition had significantly improved since he was first diagnosed with mental retardation, the U.S. District Court for the Western District of New York affirmed the Social Security...

Acting Monroe County Court judge rules photo array of suspect not unduly suggestive.
January 27, 2006... Byline: Sarah M. Feingold Where two witnesses were shown photo arrays and both selected the defendant, the defendant contended that the identification testimony should be suppressed because the arrays were unduly suggestive and the...

Greater Rochester Association for Women Attorneys hosts Myrna Felder for Feb. 9 event.
January 27, 2006... Byline: Daily Record Staff Have you been meaning to plan a lunch outing with a colleague or mentor? How about taking action on that plan and making reservations to hear Myrna Felder speak at a lunchtime event hosted by the Greater...

NY's Commercial Courts Division receives Fuld Award from NY State Bar.
January 27, 2006... Byline: Daily Record Staff In recognition of the 10th anniversary of the creation of New York's Commercial Courts Division, the New York State Bar Association's Commercial and Federal Litigation Section presented its annual Stanley H. Fuld...

American Bar Assn. addresses public policy issues.
January 27, 2006... Byline: Daily Record Staff The American Bar Association House of Delegates, the association's policy-making body, will meet on Monday, Feb. 13, to decide association policy on a number of urgent legal and public policy issues. Among the...

NY State Supreme Court, Yates County judge rules husband entitled to $125,000 credit.
January 30, 2006... Byline: Sarah M. Feingold In a divorce proceeding, where the husband used $125,000 of the funds he inherited from his mother to pay off the purchase money mortgage on the couple's marital residence, the court examined whether he was...

U.S. District Court for the Western District of NY denies defendants' abstention motion.
January 30, 2006... Byline: Helen Nguyen Where the plaintiff filed state and federal actions against his employers, the U.S. District Court for the Western District of New York concluded abstention was not warranted since the issues in the state action were...

Monroe County Bar Assn. sponsors CLE seminar on "Patent Law for Non-Patent Attorneys".
January 30, 2006... Byline: Sarah M. Feingold On Wednesday, Jan. 25, the Intellectual Property Committee and Business Law Section of the Monroe County Bar Association sponsored a continuing legal education seminar titled "Patent Law for Non-Patent Attorneys."...

Attorneys General reach agreement on Internet cigarette sales.
January 30, 2006... Byline: Daily Record Staff Philip Morris has agreed to incorporate protocols aimed at combating the illegal sale of the company's cigarettes over the Internet and through the mails. The protocols are being adopted voluntarily by Philip...

Legal community remembers longtime Rochester attorney John Abram Buyck.
January 31, 2006... Byline: Sarah M. Feingold John Abram Buyck, a longtime Rochester attorney who practiced locally for 35 years, passed away earlier this month. After graduating from Albany Law School in 1948, Buyck joined what would eventually become...

NY State Court of Appeals lists filings for Dec. 30, 2005 through Jan. 7, 2006.
January 31, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...