Daily Record (Rochester, NY) articles from January 2007

Daily Record (Rochester, NY) archives from January 2007

Office operations manager for Phillips Lytle LLP's Rochester office called to active duty.
January 2, 2007... Byline: Tara E. Buck Rich Hirschmann, office operations manager for Phillips Lytle LLP's Rochester office, got married during the Christmas weekend. On Jan. 14, the Army reservist will head to Fort Jackson, S.C. to report for active duty,...

N.Y. State Court of Appeals: Court denies defendant's self-representation claim.
January 3, 2007... Byline: Helen Nguyen "If there is any truth to the old proverb that 'one who is his own lawyer has a fool for a client,' the court by its opinion... now bestows a constitutional right on one to make a fool of himself," former U.S. Supreme...

Rochester City schools defrauded.
January 3, 2007... Byline: Daily Record Staff The New York State Attorney General's office on Dec. 29 brought suit against several consultants who, along with a former district official, defrauded the Rochester City School District, according to the suit....

NYS Court of Appeals lists more November 2006 filings.
January 3, 2007... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

Rochester Legal Briefs: January 3, 2007.
January 3, 2007... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions, a number of appeals regarding SORA status were reviewed. Under Megan's Law, there are three risk levels of sex offenders. The level assigned to a convicted...

2006 Year-End Report on the Federal Judiciary: Chief Justice: Fed judges' pay constitutional crisis.
January 4, 2007... Byline: Daily Record In his 2006 year-end report, Chief Justice John Roberts Jr. noted the lagging pay of federal judges has "reached the level of a constitutional crisis that threatens to undermine the strength and independence of the...

N.Y.-based Allstate Life Insurance Co. fined $1.25M.
January 4, 2007... Byline: Daily Record Allstate Life Insurance Co. of New York has been fined $1.25 million for failing to comply with New York State Insurance Department regulations intended to protect consumers buying replacement life insurance policies...

Rochester Legal Briefs: January 4, 2006.
January 4, 2007... Byline: Daily Record Staff In family law decisions, the Appellate Division, Fourth Department addressed issues regarding termination of parental rights, Qualified Domestic Relations Orders, paternity, and grandparent visitation. FAMILY LAW...

N.Y State Senate announces $6B property tax relief plan.
January 5, 2007... Byline: Daily Record Staff The New York State Senate recently announced a three-part plan to expand the property tax relief rebate program to provide $2.6 billion in property tax relief this year and $3.4 billion in 2008. The plan would...

Kodak, Sony enter into cross-license agreements.
January 5, 2007... Byline: Daily Record Staff Eastman Kodak Co. has entered into a technology cross-license agreement with Sony Corp. allowing each company broader access to the other's patent portfolio. Kodak also announced it entered into a technology...

Rochester Legal Briefs: January 5, 2007.
January 5, 2007... Byline: Daily Record Staff In Appellate Division, Fourth Department personal injury decisions, the court reviewed issues involving summary jury trials and summary judgment, as well as municipal notice requirements. PERSONAL INJURY ...

Spitzer proffers many reforms for NY.
January 8, 2007... Byline: Tara E. Buck A strong tone of reform for Albany legislators and the need to move forward as "one New York" highlighted Gov. Eliot Spitzer's first State of the State address, delivered Wednesday within the Assembly. "The condition...

4th Department attorney discipline matters: January 8, 2007.
January 8, 2007... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter of William L. Goldman, an attorney, resignor -- Voluntary resignation accepted and...

Rochester Legal Briefs: January 8, 2007.
January 8, 2007... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions, among the employment-related issues addressed were the propriety of dismissing a police officer for misappropriating money and whether a "whistleblower" lawsuit...

New attorney advertising rules for NY state become effective Feb. 1.
January 9, 2007... Byline: Daily Record Staff Beginning Feb. 1, new attorney advertising regulations will be in place within the New York State Unified Court System's Code of Professional Responsibility. The New York State Bar Association announced last week...

N.Y. State Court of Appeals: City of Rochester panhandling law upheld.
January 10, 2007... Byline: Helen Nguyen An ordinance by the City of Rochester prohibiting the solicitation of motorists by panhandlers was found to be constitutional by a unanimous New York State Court of Appeals. In the People &c. v. Michael Barton, the...

Texas-based SCCI Health Services pay U.S. $75M.
January 10, 2007... Byline: Daily Record Staff Texas-based SCCI Health Services Corp. (SCCI) and its subsidiary, SCCI Hospital Ventures Inc., have paid the United States $7.5 million to settle allegations that the companies violated the Stark self-referral...

N.Y. law firm of Nixon Peabody LLP named a 'Best Place to Work'.
January 10, 2007... Byline: Daily Record Staff Nixon Peabody LLP was recently named to Fortune magazine's list of "100 Best Companies to Work For." The law firm finds itself on the list for the second consecutive year. It is also the second time the firm has...

N.Y. Senate unveils $1.3B small business assistance plan.
January 10, 2007... Byline: Daily Record Staff New York State Senate Majority Leader Joseph L. Bruno and members of the Senate Majority Conference unveiled a small business and manufacturing assistance plan that targets the biggest concerns that hold back...

Nominees in N.Y. sought for New Lawyer Referral Service Award.
January 10, 2007... Byline: Daily Record Staff The New York State Bar Association is seeking nominations for a new award, the Angelo T. Cometa Award, which will recognize extraordinary efforts in assisting the public through a lawyer referral service. The...

Rocherster's legal community announces $1.5M capital campaign.
January 11, 2007... Byline: Daily Record Staff The Partnership for Equal Justice campaign has already raised $1 million for The Hon. Michael A. Telesca Center for Justice, a downtown one-stop shop for the county's civil legal service providers. Last summer,...

Former Boylan Brown managing partner joins Woods Oviatt.
January 11, 2007... Byline: Daily Record Staff Woods Oviatt Gilman LLP announced today that Patrick M. Malgieri will join the law firm on Feb. 1. "We are pleased to have Pat join us," noted Woods Oviatt Managing Partner Jim McElheny. "Pat is an excellent...

Piper Schultz LLP formed by Rochester attorneys.
January 11, 2007... Byline: Daily Record Staff Rochester attorneys Scott D. Piper and Jill K. Schultz partnered to start Piper Schultz LLP at the beginning of December. The pair formed a boutique law office concentrating in labor and employment law and...

N.Y. Legal Briefs: January 11, 2007.
January 11, 2007... Byline: Daily Record Staff In Appellate Division, Fourth Department criminal decisions, among the issues addressed were specificity of the date of offenses in an indictment, and jury selection. The Appellate Division also reviewed the...

Second Circuit rules Blockbuster bears burden of proving federal jurisdiction.
January 12, 2007... Byline: Helen Nguyen When determining which party has the burden of proving whether a district court has federal jurisdiction in a case, the U.S. Court of Appeals for the Second Circuit referred to the proverb: "Heaven suits the back to...

Rochester Legal Briefs: January 12, 2007.
January 12, 2007... In Appellate Division, Fourth Department criminal decisions, issues involving weight of the evidence as well as suppression of a stop and of an identification were reviewed. The appeals court also reviewed post-release supervision. CRIMINAL...

Greater Rochester Association of Realtors: Jump in home sales compared to last December.
January 16, 2007... Byline: Daily Record Staff Year-to-date existing single-family home sales are down by 3.8 percent compared to 2005, and decreased by 9.5 percent compared to last month. According to the Greater Rochester Association of Realtors, the...

N.Y. State Court of Appeals: COA reviews unique dispute involving donated kidney.
January 17, 2007... Byline: Helen Nguyen In an unusual case in which the plaintiff alleged an organ donor agency wrongfully allocated a kidney to someone else, the New York State Court of Appeals noted that "[w]hen discussing body parts of deceased persons,...

Mayor Robert J. Duffy's meeting with House Speaker promotes change.
January 17, 2007... Byline: Daily Record Staff Mayor Robert J. Duffy and the leadership of The U.S. Conference of Mayors (USCM) met with newly-elected House Speaker Nancy Pelosi last week in a special strategy session on Capitol Hill. The purpose of the...

An interview with Joel Seligman, president of the University of Rochester.(Interview)
January 19, 2007... Byline: Tara E. Buck As leaders of the University of Rochester ponder the institution's future, President Joel Seligman said recently that much attention will be paid to how a fruitful relationship, benefitting both the university and the...

University at Buffalo Law Alumni lunch in NYC set for Jan. 26.
January 19, 2007... Byline: Daily Record Staff Law Professor James A. Gardner will be the featured speaker when the University at Buffalo Law School holds its annual New York City Alumni Luncheon at noon on Jan. 26 in the Union League Club, 37 East 38th St.,...

N.Y. State Comm. on Judicial Nomination announces nominations for vacancy on Court of Appeals.
January 19, 2007... Byline: Daily Record Staff The New York State Commission on Judicial Nomination this week announced nominations for an upcoming vacancy on the New York Court of Appeals bench. The vacancy is the result of the end of the term of Chief Judge...

Power of attorney controlling for inheritance to incapacitated person, rules Judge Barbara Howe.
January 19, 2007... Byline: Kevin Habberfield In the Matter of Teufel, Judge Barbara Howe held that the Surrogates Court Procedure Act (SCPA) 2220(1), which "provides that any bequest to an incapacitated person be paid to the guardian of such person," cannot...

Rochester Legal Briefs: January 19, 2007.
January 19, 2007... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions, among the issues addressed were the availability of records under the Freedom of Information Law from an agency connected with the Buffalo School District; the...

Appellate Division, Fourth Department marks historic first.
January 22, 2007... Byline: Tara E. Buck Last Thursday, the Appellate Division, Fourth Department marked an historic first as three women comprised part of the panel sitting in courtroom 2. The Fourth Department bench now boasts three female judges, Judge...

AG advocates pay raise for federal judges.
January 22, 2007... Byline: Daily Record Staff U.S. Attorney General Alberto R. Gonzales said he supports federal judges receiving a pay raise. His comments about judges' pay were among those made in a Jan. 17 speech about the federal judiciary. "I believe...

U.S. Court of Appeals for the Second Circuit: Attorney-client privilege focus of Erie County case.
January 22, 2007... Byline: Helen Nguyen E-mails between a government attorney and Erie County officials are protected by attorney-client privilege, according to the U.S. Court of Appeals for the Second Circuit. In, In re: the County of Erie, Pritchard, et...

NY Court of Appeals lists filing for December 1-7, 2006.
January 22, 2007... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

New York State Court of Appeals: MERS mortgages must be recorded by county clerk.
January 23, 2007... Byline: Helen Nguyen MERS (Mortgage Electronic Registration Systems, Inc.), a national electronic registration system, has significantly streamlined the process of filing mortgages for the secondary mortgage market -- a market in which...

NYSBA report: Aging lawyers should not be forced to retire, says state bar.
January 23, 2007... Byline: Daily Record Staff A report from the New York State Bar Association's Special Committee on "Gray" Lawyers was released last week and calls for an end to some firms' requirement of mandatory retirement for older attorneys. The...

Ross Cellino reinstated to the practice of law by 4th Dept.
January 23, 2007... Byline: Daily Record Staff Well-known attorney Ross Cellino was reinstated to the practice of law by the Appellate Division, Fourth Department last Thursday -- one and a half years after his suspension in connection with charges of...

Court of Appeals lists more filings for December 8-14, 2006.
January 23, 2007... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

Monroe County judge rules tip from unidentified informant did not justify a vehicle search.
January 24, 2007... Byline: Bruce Freeman A handgun seized by police after a search of the defendant's SUV was suppressed by Monroe County Court Judge Alex R. Renzi. After a hearing, Judge Renzi ruled police did not have enough reliable information to...

Upstate economic development czars tapped by Gov. Spitzer.
January 24, 2007... Byline: Daily Record Staff Gov. Eliot Spitzer and Lt. Gov. David Paterson on Monday officially named Daniel Gundersen as Upstate Chair of the Empire State Development Corp., and Ken Schoetz as COO of the Upstate Development Corp. The...

Failure to use available safety equipment results in dismissal of court case.
January 25, 2007... Byline: Bruce Freeman A worker was injured when he fell from the roof of a store. Failure to use available safety equipment required the dismissal of his Labor Law action against the store owner. The facts The worker, William Jordan, was...

U.S. District Court, Western District bars Buffalo company from preparing tax returns.
January 25, 2007... Byline: Daily Record Staff U.S. District Court, Western District of New York Judge William Skretny has permanently barred Brian Duffek, Patrick O'Connor, and their company, Hamburg-based Duffek, O'Connor & Associates, Inc. from preparing...

Commentary: Say what? How to dictate in noisy places.
January 25, 2007... Byline: Dana Abramson The effective use of speech recognition software is a skill that develops over time when used properly. Whether your speech recognition software has exceeded your expectations, met your expectations or fallen short,...

Honeoye Falls attorney George F. Harris, dies at 84.(Obituary)
January 25, 2007... Byline: Daily Record Staff Honeoye Falls attorney George F. Harris, died Sunday at the age of 84. Family members said Harris had an easygoing manner and "was genuinely liked by all who had the privilege of knowing him." Harris practiced...

U.S. Court of Appeals, Second Circuit: FIFA, MasterCard and Visa engaged in contract dispute.
January 26, 2007... Byline: Helen Nguyen It's no surprise that MasterCard and Visa want exclusive sponsorship rights to the World Cup tournament -- an event seen by billions of viewers from more than 200 countries around the world. In its lawsuit against...

Reform focuses on merit selection of judges in N.Y.
January 26, 2007... Byline: Daily Record Staf The New York State Bar Association has crafted a package of legislation that would amend the state Constitution to allow for merit-based selection of state judges. The proposed merit selection system is designed...

N.Y. State Court of Appeals lists more December 2006 filings.
January 26, 2007... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

Survey: Chief legal officers poised to increase use of outside counsel.
January 29, 2007... Byline: Daily Record Staff More than 25 percent of in- house law department leaders indicated that they will increase their use of outside counsel in the coming year, according to the Association of Corporate Counsel's 2006 Chief Legal...

University at Buffalo Law School students provide free tax prep for low-income residents.
January 29, 2007... Byline: Daily Record Staff From now until the April 17 tax deadline, University at Buffalo Law School students will help low-income residents do their taxes and apply for tax credits that can provide a needed boost in annual income. It's...

Compilation of new initiatives announced by federal agencies and legislative bodies.
January 30, 2007... Byline: Daily Record Staff The following is a compilation of new initiatives announced recently by the U.S. House of Representatives and Senate, along with the Internal Revenue Service and U.S. Citizenship and Immigration Services....

MBIA to pay $75M to state of New York to settle fraud investigation.
January 30, 2007... Byline: Daily Record Staff Bond insurer MBIA Inc. and MBIA Insurance Corp. recently concluded civil settlements with the Securities and Exchange Commission, the New York State Attorney General's Office and the New York State Insurance...

New York State Court of Appeals lists more filings for December 22 through 28, 2006.
January 30, 2007... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

N.Y. State Supreme Court: Slip-and-fall case moves forward.
January 31, 2007... Byline: Helen Nguyen A triable issue exists as to whether a church in Greece had constructive notice of ice on its parking lot before the plaintiff fell, ruled the New York State Supreme Court, Monroe County, in N. Green v. Lawson Road...

Simon School ranks in London's 'Financial Times'.
January 31, 2007... Byline: Daily Record Staff The Simon Graduate School of Business at the University of Rochester recently ranked 38th among the world's top 100 business schools, according to an annual survey conducted by London-based Financial Times. The...

N.Y. Gov. Eliot Spitzer names Rivera to state post.
January 31, 2007... Byline: Tara E. Buck Gov. Eliot Spitzer on Monday named Manuel Rivera to serve as the state's deputy secretary for education. Rivera had recently announced he would resign as superintendent of schools in Rochester to take a over as head...

N.Y. State Court of Appeals lists more filings.
January 31, 2007... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...