Daily Record (Rochester, NY) articles from January 2008

Daily Record (Rochester, NY) archives from January 2008

'The Daily Record' celebrates 100 years of serving Western New York.
January 1, 2008... Byline: Elizabeth Stull It is the dawn of a new year in a still-new century, and cutting-edge technologies are changing the way we see ourselves and interact with the world. The world is smaller than ever, and America is intent on...

Commentary: Is it really an indicator, or historically similar?
January 1, 2008... Byline: Terry Diehl I love this time of year -- the holidays, college bowl games, NFL playoffs, the start of the PGA Tour -- and people prognosticating what will happen in the markets in the upcoming year. I've even shared with the...

Co-founder of Karpus Investment Management Jo Ann Van Degriff retires.
January 1, 2008... Byline: Tara E. Buck After 40 years in the financial services business, Jo Ann Van Degriff, executive vice president and co-founder of Karpus Investment Management, re-tired effective Dec. 31, 2007. She assumed the designation of "partner...

Commentary: Use of employer's e-mail in attorney-client communication raises privilege concerns.
January 3, 2008... Byline: Christopher D. Lindquist E-mail has transformed the way most people communicate. Huge amounts of data now travel from desktop to desktop at the speed of light. Developing case law raises privilege concerns regarding e-mail...

The Community Indicators Project to begin by September.
January 3, 2008... Byline: Tara E. Buck The Community Indicators Project, a joint venture between the Rochester Area Community Foundation and the United Way of Greater Rochester, is now in the planning phase and officials expect it can be launched by...

New York single-family home sales slowed in November.
January 3, 2008... Byline: Danielle Derringer Sales of existing single-family homes in New York State slowed in November, which is typical for the seasonal market, to a level characteristic of the pre-boom market, according to the New York State Association...

New York Division of Human Rights files complaint against Cheektowaga housing project.
January 4, 2008... Byline: Elizabeth Stull A $100 million student housing project in Cheektowaga likely will face additional financing problems after the state Division of Human Rights's recent filing of a complaint alleging discrimination against families...

Commentary: The tech GAAP: What we need to know.
January 4, 2008... Byline: Michelle M. Cain To attract more investment opportunities and stock listings to U.S. exchanges, this past summer the Securities and Exchange Commission proposed allowing foreign companies to file financial results using...

Canandaigua National Bank & Trust shows growth.
January 4, 2008... Byline: Tara E. Buck Canandaigua National Bank & Trust is showing signs of financial growth and market expansions, according to a recent release from the bank. CNB's third quarter net income was reported at a 13 percent increase over last...

Commentary: Public defender problems won't be fixed anytime soon.
January 4, 2008... Byline: Scott Forsyth Edward J. Nowak has served as Monroe County Public Defender since 1977. He retired as of Dec. 28, 2007. In his 30 years of service, we grew accustomed to the attorneys of his office rendering, sometimes under trying...

Commentary: Judge not, lest you be a judge.
January 7, 2008... Byline: Nicole Black With the dawn of a new year, two leading jurists once again brought the issue of judicial pay raises to the forefront of legislative concerns. U.S. Supreme Court Chief Justice John Roberts and New York State Court...

Commentary: Cash balance plan + 401(k) = huge.
January 7, 2008... Byline: James M. Genthner A few months ago I wrote about the demise of the traditional defined benefit (DB) pension plans. The Pension Protection Act of 2006 (PPA) put the final nail into the DB coffin. Since its passage, traditional DBs...

Rochester Legal Briefs: January 7, 2008.
January 7, 2008... Byline: Daily Record Staff Report In Fourth Department family law appeals, among the issues were paternity and parental rights issues. Criminal law decisions included whether a statement should be suppressed based on the right to counsel,...

A closer look at reverse mortgages.
January 8, 2008... Byline: Danielle Derringer Reverse mortgages -- special loans used to convert equity into cash -- are becoming a popular choice for American seniors across the country, according to the U.S. Department of Housing and Development (HUD) and...

Rochester-based CHA acquires Isbell Engineering Group.
January 8, 2008... Byline: Tara E. Buck Rochester-based engineering firm Clough Harbour & Associates recently announced an agreement to acquire Fort Worth, Texas-based Isbell Engineering Group. The acquisition will result in the addition of 85 staff members...

Crossfield Heating.
January 8, 2008... Crossfield Heating & Air Conditioning hired Bart DiProspero as a comfort consultant. He will create customized comfort systems for Crossfield customers, including the replacement of heating, cooling and indoor air quality systems. Tipping Point...

Case Digests.
January 8, 2008... U.S. Court of Appeals for the Second Circuit Immigration Asylum -- Persecution -- Changed Country Conditions Niang v. Mukasey Issue: Upon a petitioner's application for asylum, what must the Board of Immigration Appeals determine...

CNB/Genesee Valley Trust acquisition finalized.
January 8, 2008... Byline: Tara E. Buck Canandaigua National Corp. recently completed its agreement to acquire the Genesee Valley Trust Co., creating a combined entity with more than $1.6 billion in assets under management. Genesee Valley Trust will continue...

Lebowitz appointed Monroe County's new director of communications.
January 8, 2008... Byline: Tara E. Buck Monroe County Executive Maggie Brooks on Monday announced the appointment of Noah Lebowitz as the county's new director of communications and records access officer. In his new position, Lebowitz will serve as the...

Second Circuit rules petitioner for asylum was not persecuted.
January 8, 2008... Byline: Daily Record Staff Report U.S. Court of Appeals for the Second Circuit Immigration Asylum -- Persecution -- Changed Country Conditions Niang v. Mukasey Issue: Upon a petitioner's application for asylum, what must the...

Second Circuit rejects the petitioner's contentions, holds that the Sixth Amendment was not violated.
January 8, 2008... Byline: Daily Record Staff & Wire Reports Habeas Corpus Right to Counsel Clark v. Perez Issue: Is the right to counsel violated where a defendant knowingly and intelligently waives her right and proceeds pro se but where she...

U.S. District Court in New York dismisses age and disability claims, grants Title VII claims.
January 8, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Title VII Gender Discrimination -- Summary Judgment Standard Heinemann v. Howe and Rusling Issue: Is summary judgment appropriate in a...

N.Y. State Court of Appeals rules plaintiff's disability policy was not ambiguous.
January 8, 2008... Byline: Daily Record Staff & Wire Reports New York State Court of Appeals Insurance Law Disability Insurance -- Total Disability White v. Continental Casualty Co. Issue: Is the definition of total disability in the plaintiff's...

N.Y. appellate court rules Public Officers Law provides broad access to government records.
January 8, 2008... Byline: Daily Record Staff & Wire Reports Public Officers Law Freedom of Information Law -- Land Records Data Tree LLC v. Romaine Issue: Is a county clerk required to provide land records to a commercial provider of land record...

Corrections.
January 8, 2008... Byline: Daily Record Staff & Wire Reports Corrections Law s. 1983 Civil Rights Claims -- Supremacy Clause Haywood v. Drown Issue: Does Correction Law s. 24 violate the Supremacy Clause of the Constitution by excluding federal civil...

Appellate Division, Fourth Department Case Summaries: January 8, 2008.(Case overview)
January 8, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Fourth Department Accounting -- Conflict of Interest Clark v. Krug, Tiernan, et al Issue: Should a referee's prior "decisions and orders" be vacated? background: An...

New York State Court of Appeals Case Summaries: January 8, 2008.(Case overview)
January 8, 2008... Byline: Daily Record Staff & Wire Reports New York State Court of Appeals Insurance Law Disability Insurance -- Total Disability White v. Continental Casualty Co. Issue: Is the definition of total disability in the plaintiff's...

U.S. Court of Appeals for the Second Circuit Case Summaries: January 8, 2008.(Case overview)
January 8, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Immigration Asylum -- Persecution -- Changed Country Conditions Niang v. Mukasey Issue: Upon a petitioner's application for asylum, what...

U.S. District Court, Western District of New York Case Summaries: January 8, 2008.(Case overview)
January 8, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Title VII Gender Discrimination -- Summary Judgment Standard Heinemann v. Howe and Rusling Issue: Is summary judgment appropriate in a...

New York-based Crossfield Heating & Air Conditioning hires Bart DiProspero as a comfort consultant.
January 8, 2008... Byline: Daily Record Staff Crossfield Heating & Air Conditioning hired Bart DiProspero as a comfort consultant. He will create customized comfort systems for Crossfield customers, including the replacement of heating, cooling and indoor...

Tipping Point Media in Rochester hires Catherine Powers as director of account services.
January 8, 2008... Byline: Daily Record Staff Tipping Point Media hired Catherine Powers as director of account services. She will oversee the firm's account management team, develop grassroots media campaigns and work to enhance client satisfaction...

Unity Health System's Health Care Group appoints Faheem Masood to its board of directors.
January 8, 2008... Byline: Daily Record Staff Unity Health System's Health Care Group appointed Faheem Masood to its board of directors. Masood is senior vice president/marketplace manager at ESL Federal Credit Union. He resides in Fairport.

Rochester-area Better Contractors Bureau appoints Carmen Allenbrandt to its board of directors.
January 8, 2008... Byline: Daily Record Staff The Rochester area Better Contractors Bureau appointed Carmen Allenbrandt to its board of directors. Allenbrandt is manager of product development and product advertising at ESL Federal Credit Union.

ESL Federal Credit Union in Rochester announces new hires and promotion.
January 8, 2008... Byline: Daily Record Staff ESL Federal Credit Union hired Paul J. Duchyns and Maggie Ridge and promoted Alice M. Steele. Duchyns and Ridge were hired as financial consultants and will assist ESL members with achieving financial goals and...

Goldberg Segalla LLP associate Joseph M. Hanna named Outstanding Service Young Lawyer of the Year.
January 8, 2008... Byline: Daily Record Staff Goldberg Segalla LLP announced Joseph M. Hanna, an associate with the firm, recently was named the Defense Research Institute's (DRI) Outstanding Service Young Lawyer of the Year. Hanna was selected from more...

Hodgson Russ LLP hires Kevin R. Talbot to corporate and securities practice group in Buffalo office.
January 8, 2008... Byline: Daily Record Staff Hodgson Russ LLP hired Kevin R. Talbot to the corporate and securities practice group in the firm's Buffalo office. He will concentrate his practice in mergers and acquisitions, general corporate counseling,...

James Gray Agency hires Lorraine Hall as branch manager for the Mortimer Branch.
January 8, 2008... Byline: Dailly Record Staff Report The James Gray Agency hired Lorraine Hall as branch manager for the Mortimer Branch, inside Pitts Ford Mercury on Route 104 in Williamson. She is a licensed property and casualty insurance agent.

New York-based DocuLegal LLC announces Alan Shura named business development manager.
January 8, 2008... Byline: Dailly Record Staff Report DocuLegal LLC announced Alan Shura was named business development manager. He has more than 10 years of experience in account development and will work with new and existing clients to develop custom...

Elmwood Dental Group in Rochester hires Karon Johnson as director of practice development.
January 8, 2008... Byline: Daily Record Staff Elmwood Dental Group hired Karon Johnson as director of practice development. She is responsible for overseeing all marketing initiatives, new patient coordination, outside physician referrals, practice...

New York-based Harris Beach PLLC announces the election of three new attorneys.
January 8, 2008... Byline: Daily Record Staff Harris Beach PLLC announced the election of attorneys Tracie L. Lopardi, Justin S. Miller and Robert G. Murray as members of the firm. Lopardi practices in the Buffalo office in the Labor and Employment Law and...

Voice for Adoption announces Maryjane K. Link as new president of its board of directors.
January 8, 2008... Byline: Daily Record Staff Voice for Adoption announced Maryjane K. Link as the new president of its board of directors. She will bring 30 years of experience advocating for permanency for children awaiting adoption in foster care.

Clark Patterson Lee Design Professionals announces Todd M. Liebert elected president of board.
January 8, 2008... Byline: Daily Record Staff Clark Patterson Lee Design Professionals announced Todd M. Liebert, AIA, was elected president of the company's board of directors. As president, he will oversee a network of 12 offices and more than 200...

St. John Fisher College in Rochester names Victor Salerno as a member of the board of trustees.
January 8, 2008... Byline: Daily Record Staff St. John Fisher College named Victor Salerno as a member of the board of trustees. He is CEO of O'Connell Electric Co. in Rochester.

RE/MAX Plus in Rochester announces new hires.
January 8, 2008... Byline: Daily Record Staff RE/MAX Plus announced Val Guyotte, Barbara Bittlingmaier, Joyce Johnston, Tony Molinari and Joyce Miglioratti have joined the company. Guyotte joined as a buyer's agent for the Jeff Scofield Team. Bittlingmaier...

International law firm of Nixon Peabody names new managing partner.
January 9, 2008... Byline: Elizabeth Stull The international law firm Nixon Peabody LLP this week named Richard F. Langan Jr. to succeed Harry Trueheart as chief executive officer and managing partner. Langan started with Nixon Hargrave in 1980 as a...

Commentary: Retirement income: Trends and concerns.
January 9, 2008... Byline: Azanda L. Donaldson When the baby boomers entered the workforce, retirement income was to come from three sources, often referred to as the three-legged stool: Social Security, a company pension plan and private savings. Two of...

Commentary: Welcome to the new, more financially savvy, you.
January 9, 2008... Byline: Michael Swanson Another year is gone, as we look forward to what awaits us for 2008. Now is the time to reflect on the past and plan for the future, and to make resolutions. Every year, we look back at the things we would like to...

Case Digests.
January 9, 2008... U.S. Court of Appeals for the Second Circuit Habeas Corpus Sufficiency of Evidence Haouari v. United States Issue: Is petitioner's second habeas petition sufficient under 28 U.S.C. s.2244(b)(3)(A) where the petition lacks a prima facie...

U.S. Court of Appeals, Second Circuit Case Summaries: January 9, 2008.(Case overview)
January 9, 2008... Byline: Daily Record Staff Habeas Corpus Sufficiency of Evidence Haouari v. United States Issue: Is petitioner's second habeas petition sufficient under 28 U.S.C. s.2244(b)(3)(A) where the petition lacks a prima facie showing to...

N.Y. State Court of Appeals Case Summaries: January 9, 2008.(Case overview)
January 9, 2008... Byline: Daily Record Staff Criminal Procedure Jury Trial -- Number of Jurors People v. Gajadhar Issue: Was the defendant's consent to a jury of less than 12 when a juror became ill during deliberations valid under the New York...

N.Y. Appellate Division, Fourth Department Case Summaries: January 9, 2008.(Case overview)
January 9, 2008... Byline: Daily Record Staff Personal Injury Primary Assumption of Risk Lauricella v. Friol Issue: A personal injury action was brought after plaintiff fell into an open pit that was eight- or nine-feet deep, inside a building...

Funding cut for Fair Housing enforcement in Monroe County.
January 10, 2008... Byline: Elizabeth Stull The not-for-profit Monroe County Legal Assistance Center (MCLAC) had to scramble and shift its budget around to support its Fair Housing Enforcement Project this year, after the successful project --like many across...

Rochester Business Briefs: January 10, 2008.
January 10, 2008... Byline: Tara E. Buck Xerox Unveils New Brand, Logo Xerox Corp. this week unveiled a sweeping transformation of its corporate identity, a new brand designed to promote Xerox as a customer-centric company "built on a continuing history of...

Case Digests.
January 10, 2008... U.S. Court of Appeals for the Second Circuit Insurance Law Disability Insurance -- Waiting Period Benesowitz v. Metropolitan Life Insurance Co. Issue: Does NY Insurance Law s. 3234 (a)(2) establish that a policy may impose a 12-month...

U.S. Court of Appeals, 2nd Circuit Case Summaries: January 10, 2008.(Case overview)
January 10, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Insurance Law Disability Insurance -- Waiting Period Benesowitz v. Metropolitan Life Insurance Co. Issue: Does NY Insurance Law s. 3234 (a)(2) establish that a...

U.S. District Court Case Summaries: January 10, 2008.(Case overview)
January 10, 2008... Byline: Daily Record Staff Criminal Procedure Suppression -- Confidential Informants United States v. Harper Issue: Does the defendant's father's consent to search the father's home, where defendant resided, require the court to...

N.Y. State Court of Appeals Case Summaries: January 10, 2008.(Case overview)
January 10, 2008... Byline: Daily Record Staff Criminal Procedure Waiver of Indictment -- Jurisdiction -- Motion to Vacate People v. Cuadrado Issue: Must a motion to vacate the defendant's conviction be denied where the defendant failed to raise...

N.Y. Appellate Division, 4th Department Case Summaries: January 10, 2008.(Case overview)
January 10, 2008... Byline: Daily Record Staff Personal Injury Insurance Coverage -- Criminal Act Allstate Insurance Co. v Swanson et al. Issue: A defendant in a personal injury action had shot an arrow from a compound bow that struck a boy in...

Rochester builders discuss advantages of builder-direct sales.
January 11, 2008... Byline: Danielle Derringer Construction companies with builder-direct sales eliminate working with an outside Realtor and take sales responsibilities into their own hands, according to home builders. Several local builders recently...

Can Westlaw expenses be passed to clients?
January 11, 2008... Byline: Elizabeth Stull In an unusual suit filed in Monroe County, an attorney claims a prominent local law firm is illegally padding fees by charging clients for ordinary office expenses. Attorney Anthony LaDuca is attempting to bring a...

Commentary: Requesting relief for late S corporation and entity classification elections.
January 11, 2008... Byline: Thomas L. Wolf The IRS has provided a simplified method for requesting relief for late-filed S corporation elections, as well as late-filed corporate classification elections in conjunction with S elections. The new provisions...

Requesting relief for late S corporation and entity classification elections.
January 11, 2008... Byline: Thomas L. Wolf The IRS has provided a simplified method for requesting relief for late-filed S corporation elections, as well as late-filed corporate classification elections in conjunction with S elections. The new provisions...

Stantec acquires Rochester Signal Inc.
January 11, 2008... Byline: Tara E. Buck Stantec announced this week that it has acquired Rochester Signal Inc., a signal system design and program management firm that specializes in railway signal systems. Rochester Signal employs about 25 between its two...

Johnson & Johnson subsidiary to expand, add jobs in Rochester.
January 11, 2008... Byline: Daily Record Staff Report Ortho-Clinical Diagnostics, a subsidiary of New Jersey-based Johnson & Johnson on Thursday announced that it will invest $80 million in the Greater Rochester region through the next three years. Gov. Eliot...

Case Digests.
January 11, 2008... U.S. Court of Appeals for the Second Circuit Criminal Procedure Jury Charge -- Burden of Proof United States v. Shamsideen 05-5047-cr Appealed from the Southern District of New York Issue: Does a charge that instructs the jury to...

Rochester Philharmonic Orchestra shares highlights.
January 11, 2008... Byline: Tara E. Buck At its annual meeting on Tuesday, the Rochester Philharmonic Orchestra reported fiscal 2006-2007 results and proclaimed the year to be "successful and dynamic," while also one of "significant change," a release from...

U.S. Court of Appeals for the Second Circuit Case Summaries: January 11, 2008.(Case overview)
January 11, 2008... Byline: Daily Record Staff Report U.S. Court of Appeals for the Second Circuit Criminal Procedure Jury Charge -- Burden of Proof United States v. Shamsideen 05-5047-cr Appealed from the Southern District of New York Issue:...

U.S. District Court, Western District of New York Case Summaries: January 11, 2008.(Case overview)
January 11, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Default Judgement Willful Failure -- Meritorious Defense Allen v. Quality Hotel 06-CV-673A(F) Judge Foschio Issue: Does a defendant's...

New York State Court of Appeals Case Summaries: January 11, 2008.(Case overview)
January 11, 2008... Byline: Daily Record Staff & Wire Reports New York State Court of Appeals Corrections Law Corrections Law Res Judicata--Due Process Josey v. Goord, Commissioner of Correctional Services Issue: May an inmate's preliminary...

Appellate Division, Fourth Department Case Summaries: January 11, 2008.(Case overview)
January 11, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Fourth Department Personal Injury Employment-Related Injury -- Workers' Compensation Law Rice v. Univ. of Rochester Medical Center and Long Acre Farms LLC Issue: An...

Case Digests.
January 12, 2008... U.S. Court of Appeals for the Second Circuit Equal Protection 'Batson' -- Peremptory Strikes Cousin v. Bennett 03-2837-pr Appealed from the Eastern District of New York Issue: Does a Batson challenge for a prosecutor's allegedly...

Commentary: Self-directed 401(k) investment:You make the call.
January 12, 2008... Byline: Kimberly A. DiMaria Mutual funds typically are the investment option of choice within most 401(k) plans; however, the Employee Retirement Income Security Act (ERISA) also allows plan fiduciaries to add self-directed brokerage...

Lively forum on Monroe County's public defender selection.
January 12, 2008... Byline: Elizabeth Stull Nearly 100 people gathered last week at the Aenon Baptist Church on Genesee Street for a community forum on the selection process for the next Monroe County Public Defender. During the three-hour evening meeting,...

Commentary: Beyond these four walls.
January 12, 2008... Byline: Nicole Black "Resistance is futile. Your life as it has been is over." -- Locutus of Borg/Jean-Luc Picard, "Star Trek: The Next Generation," "The Best of Both Worlds" episode (1990). Businesses exist to make money and, as we...

Commentary: Analog television is dead.
January 14, 2008... Byline: Martha Buyer A recent letter to the editor of a local paper concerned a complaint about the impending switch from analog (aka "traditional broadcast") to digital television. Rules for the conversion, which require full-power...

U.S. Court of Appeals for the Second Circuit Case Summaries: January 14, 2008.(Case overview)
January 14, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Equal Protection 'Batson' -- Peremptory Strikes Cousin v. Bennett 03-2837-pr Appealed from the Eastern District of New York Issue: Does a...

U.S. District Court, Western District of N.Y. Case Summaries: January 14, 2008.(Case overview)
January 14, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of N.Y. Default Judgment Class Actions Discovery -- Case Management AJ.S. v. Attica Central Schools 00-CV-513S(F) Judge Foschio Issue: Should a...

New York State Court of Appeals Case Summaries: January 14, 2008.(Case overview)
January 14, 2008... Byline: Daily Record Staff & Wire Reports New York State Court of Appeals Criminal Jurisdiction Particular Effect People v. Zimmerman No. 131 Appealed from the First Department Issue: Is the "particular effect" theory of geographic...

Rochester Real Estate Spotlight: Michael Liess.
January 15, 2008... Byline: Danielle Derringer Michael Liess graduated from the Rochester Institute of Technology with a degree in criminal justice, but got hooked on real estate after watching an infomercial during late night television. Liess began his...

New York Attorney General Andrew Cuomo appointed as special prosecutor.
January 15, 2008... Byline: Tara E. Buck Gov. Eliot Spitzer on Saturday announced the appointment of Attorney General Andrew M. Cuomo as a special prosecutor to investigate the murders of Arlene and Seymour Tankleff. The appointment authorizes Cuomo to...

Commentary: Big Ox: Not quite a breath of fresh air.
January 15, 2008... Byline: David J. Kozlowski Do you believe in Bigfoot? Think crystals have mystical healing powers? Completely and blindly trust your health to anything with an Asian-sounding name based on "ancient tradition"? Then you'll love canned...

Western New York Lawyers in the News: January 15, 2008.
January 15, 2008... Byline: Daily Record Staff Report The Bonadio Group promoted Karl Hagen, Jeff Paille and Alan Vitberg to principals in the firm. Hagen previously served as a manager in the management advisory services division. Paille previously served as...

Case Digests.
January 15, 2008... U.S. Court of Appeals for the Second Circuit Immigration Asylum -- Persecution -- Changed Country Conditions Ogunwomoju v. United States 06-3734-pr Appealed from the Southern District of New York Issue: Did the district court...

U.S. Court of Appeals for the Second Circuit Case Summaries: January 15, 2008.(Case overview)
January 15, 2008... Byline: Daily Record Staff Report U.S. Court of Appeals for the Second Circuit Immigration Asylum -- Persecution -- Changed Country Conditions Ogunwomoju v. United States 06-3734-pr Appealed from the Southern District of New York...