Daily Record (Rochester, NY) articles from January 2009

Daily Record (Rochester, NY) archives from January 2009

Commentary: Accounting for holiday gift cards.
January 2, 2009... Byline: Jeannine M. Sheehan By now, the holiday presents probably have been opened. If you were one of the lucky recipients of a gift card, however, the shopping season continues. In recent years, gift cards have grown rapidly in...

Commentary: Justice for all, including gays and lesbians.
January 2, 2009... Byline: Karen Morris Courts today rightly strive to welcome and accommodate all who have reason to be there. The history of our justice system, like that of our country, has not always been a proud one. Reformers had to overcome sometimes...

Rochester pins hopes on Obama plan.
January 2, 2009... Byline: Colleen M. Farrell The City of Rochester has a $51 million plan to pump money into the local economy and put as many as 2,000 people to work. Officials will learn later this month how much of it will happen, if at all. The wish...

New York's nonprofits losing funds to fundraising.
January 2, 2009... Byline: Elizabeth Stull In an economic season when every penny counts, charitable groups have a big incentive to make sure they receive the maximum returns for their fundraising efforts. Earlier this week, the New York attorney general...

The Daily Record News Briefs: January 2, 2009.
January 2, 2009... Byline: Daily Record Staff Kodak acquires NuPro products Eastman Kodak Co. officials this week announced the acquisition of certain products from NuPro Technologies Inc., a move they said will help to sustain the company's position as a...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: January 2, 2009.(Case overview)
January 2, 2009... Byline: Daily Record Staff Standing The Coalition of Watershed Towns v. EPA 07-2449-ag Petition for Review; Environmental Protection Agency Background: The petitioners, a confederation of towns in the Catskill and Delaware...

U.S. District Court, Western District of New York Case Summaries: January 2, 2009.(Case overview)
January 2, 2009... Byline: Daily Record Staff Prisoner Civil Rights Goolsby v. City of Elmira 07-CV-631 Judge Arcara Background: The plaintiff, an inmate at the Collins Correctional Facility, named the City of Elmira and the Elmira Police Department...

U.S. District Court, Northern District of New York Case Summaries: January 2, 2009.(Case overview)
January 2, 2009... Byline: Daily Record Staff Venue Illinois National Insurance Co. v. Banc One Acceptance Corp. 05-CV-1260 Judge Mordue Background: Plaintiff Illinois National Insurance Co. commenced an action seeking judgment pursuant to 28 U.S.C....

U.S. Court of Appeals, 2nd Circuit Case Summaries: January 5, 2009.(Case overview)
January 5, 2009... Byline: The Daily Record Staff Witness Credibility U.S. v. Spinelli 99-1344-cr Appealed from the Eastern District of New York Background: In a case involving organized crime, the appeal is from defendant Spinelli's conviction following...

Commentary: Right of client to obtain file from attorney.
January 5, 2009... Byline: Gary Muldoon What is the extent of an attorney's obligation to turn over a file to a former client, or to another attorney hired by the client? What is the obligation when fees are still owed? With an open file; or a closed file?...

Commentary: 403(b) relief, reward and repetition in '09.
January 5, 2009... Byline: Patrick M. Burke Jr. Employers that sponsor a 403(b) retirement plan for employees were to have adopted, per Internal Revenue Service regulations, a written plan effective Jan. 1. Relief was provided on Dec. 11, 2008 when the IRS...

Commentary: Surviving and thriving in the midst of a recession.
January 5, 2009... Byline: Nicole Black I've said it before and I'll say it again: The times they are a-changin' and lawyers aren't immune from the global economic restructuring now underway. Average citizens are worried about losing their jobs, keeping...

The Daily Record News Briefs: January 5, 2009.
January 5, 2009... Byline: The Daily Record Staff Outlook dim for shopping centers A national real estate research firm predicts the fourth-quarter mall vacancy rate could be as much as 7 percent. Victor Calanog, director of research for Reis Inc., has said...

Personal injury action reinstated by Appellate Division, Fourth Department.
January 5, 2009... Byline: Elizabeth Stull A Monroe County judge's order setting aside the verdict in a personal injury action was narrowly affirmed by the appellate division last week. The decision gives plaintiff Nathaniel Martinez another chance to...

Neighborhood Focus: North Winton Village.
January 5, 2009... Byline: Colleen M. Farrell When people new to the North Winton Village neighborhood ask Kevin Cole where he lives, they're told they'll find out, come November. For the last 12 years, Cole, who lives on the corner of Atlantic Avenue and...

Appellate Division, 4th Department Case Summaries: January 5, 2009.(Case overview)
January 5, 2009... Byline: The Daily Record Staff Judicial Advocacy Matter of Thomas B. 1529 Appealed from Family Court, Wayne County Background: In a proceeding under Family Court Act article 3, the appellant was placed in the custody of the...

Appellate Division, 3rd Department Case Summaries: January 5, 2009.(Case overview)
January 5, 2009... Byline: The Daily Record Staff Emergency Worker Negligence Ayers v. O'Brien 504961 Appealed from Supreme Court, Broome County Background: The plaintiff is a Broome County Deputy Sheriff. While attempting a U-turn to make a traffic...

U.S. District Court, Northern District of New York Case Summaries: January 5, 2009.(Case overview)
January 5, 2009... Byline: The Daily Record Staff Job Discrimination Brown v. City of Syracuse 01-CV-1523 Judge Scullin Background: The plaintiff, a former Syracuse Police Department officer, was suspended without pay on July 5, 2000, following entry of...

Rochester homeowners refinancing, taking advantage of lower rates.
January 6, 2009... Byline: Colleen Farrell With mortgage rates dipping below 6 percent, now may be a good time for homeowners to refinance their mortgages, experts say. Over the past year, rates have come down a full percentage point to the low-5...

Be wary of 'debt settlement programs'.
January 6, 2009... Byline: Elizabeth Stull Mary Boykin, a 53-year-old certified nursing assistant, was not behind on her credit card payments -- but she wasn't paying them down, either. By the summer of 2005, she was juggling monthly payments on six cards...

The Daily Record News Briefs: January 6, 2009.
January 6, 2009... Byline: The Daily Record Staff Perinton accepting town clerk applications Perinton Town Clerk Susan G. Roberts retired effective Dec. 31, 2008. Deputy Town Clerk Carol Johnston will serve as interim town clerk until the Town Board appoints...

Director of Juvenile Justice Division at the Legal Aid Society dies.
January 6, 2009... Byline: Robert W. Woodward Edward Ed J. Orlando, director of the Juvenile Justice Division at the Legal Aid Society, died at his home in Irondequoit on Dec. 20, 2008 at the age of 60. He is survived by his best friend, loving wife and...

Appellate Division, 4th Department Case Summaries: January 6, 2009.
January 6, 2009... Byline: The Daily Record Staff Neglect Matter of Lavountae A. 1282 Appealed from Family Court, Monroe County Background: The appellant mother appeals from an order that adjudged that she neglected her children, placing...

Appellate Division, 3rd Department Case Summaries: January 6, 2009.
January 6, 2009... Byline: The Daily Record Staff Privity of Contract Walker v. Chiauzzi 505231 Appealed from Supreme Court, Schoharie County Background: The appeal is from the supreme court's order granting the defendant's motion for...

Commentary: There may be benefits to a warmer planet.
January 6, 2009... Byline: Kevin Williams Those who are familiar with my columns are well aware that I am a skeptic of the theory of manmade global warming. The reasons for my skepticism are many. To begin with, the Earth stopped its miniscule warming in...

U.S. Attorney Flynn stepping down.
January 7, 2009... Byline: Elizabeth Stull U.S. Attorney Terrance Flynn announced Tuesday that he will leave office at the end of next week to make room for an as yet unnamed successor to be appointed by President-elect Barack Obama. I have great respect for...

Home buyer credit available.
January 7, 2009... Byline: Colleen M. Farrell Homeowners who made their first home purchase may be eligible for a new federal tax credit. Part of the Housing and Economic Recovery Act passed in July, the credit could be worth up to $7,500 and can be taken in...

Commentary: How did Bush's DOJ spell relief? N.S.L.
January 7, 2009... Byline: Scott Forsyth One of President George W. Bush's legacies will be spelled NSL, as in national security letter. Bush did not dream up NSLs. Congress enacted the legislation creating NSLs in 1986. What the president oversaw was an...

Commentary: Pythia may have given clearer answers.
January 7, 2009... Byline: Azanda L. Donaldson The desire to know the future -- and to benefit from it -- has been a compelling force in humans for thousands of years. In ancient times, those who were thought to have the gift of prophesy typically were held...

U.S. Court of Appeals 2nd Circuit Case Summaries: January 7, 2009.(Case overview)
January 7, 2009... Byline: The Daily Record Staff Relevance U.S. v. Kelley 06-5536-cr Appealed from the Southern District of New York Background: Defendant Kelley appeals from a district court judgment of conviction on four counts of securities fraud and...

Appellate Division, 3rd Department Case Summaries: January 7, 2009.(Case overview)
January 7, 2009... Byline: The Daily Record Staff Workers' compensation Matter of Bonner v. Brownell Steel Inc. 503245 Appealed from the Workers' Compensation Board Background: The appeal is from a decision of the board that held the claimant did not sustain...

Appellate Division, 4th Department Case Summaries: January 7, 2009.(Case overview)
January 7, 2009... Byline: The Daily Record Staff Trespass Benderson v. Ulrich/ 34 Chesnut St. LLC 1444 Appealed from Supreme Court, Niagara County Background: Plaintiff trustees entered into an agreement to sell property owned by the trust to Ulrich/34...

U.S. District Court, Western District of New York Case Summaries: January 7, 2009.(Case overview)
January 7, 2009... Byline: The Daily Record Staff Social Security Carter v. Commissioner of Social Security 07-CV-219 Judge Arcara Background: The plaintiff filed an application for disability and SSI benefits and it was denied; the plaintiff seeks judicial...

Rochester attorney Dana Campbell specializes in prosecuting animal cruelty cases.
January 8, 2009... Byline: Elizabeth Stull Attorney Dana Campbell prepared for one of the biggest cases of her legal career by pulling on a pair of rubber boots and some thrift store clothing that she could throw when she finally finished. As a senior...

New York federal Judge John T. Elfvin dies at 91.(Obituary)
January 8, 2009... Byline: Elizabeth Stull Federal Judge John T. Elfvin, a retired judge with a long and sometimes controversial career on the bench, died Tuesday afternoon in Lancaster after an illness. He was 91. Elfvin, appointed by President Gerald Ford,...

The Daily Record News Briefs: January 8, 2009.
January 8, 2009... Byline: Daily Record Staff Report Brockport's BodyWise recognized The State University of New York recently recognized the Brockport college with its Outstanding Student Affairs Program Award for the school's student health initiative,...

Commentary: Resolve greater involvement in 2009.
January 8, 2009... Byline: T. Andrew Brown The new year is here, and the topic of many conversations seems to be resolutions. Now is the time when we look back over the past year and look ahead to what we want to do differently in the upcoming year -- lose...

Commentary: GRAWA committed to diversity in our legal community.
January 8, 2009... Byline: Heidi Schult Gregory What does diversity mean to you? What does diversity mean in the Rochester legal community? Is Rochester doing enough to attract a diverse legal workforce? Those questions and more will be addressed during a...

Commentary: Resolve to make a difference in the new year.
January 8, 2009... Byline: Linda Kostin Do you still need a New Year's resolution? Have you made one you've already broken? Here's a chance for a second bite of the apple: Resolve to help at least one poor person with his or her civil legal needs in 2009....

Court Digest.
January 8, 2009... U.S. Court of Appeals for the Second Circuit Indispensable Party CP Solutions PTE Ltd. v. General Electric Co. 07-3444-cv Appealed from the District of Connecticut Background: The plaintiff appeals the dismissal of its complaint for lack of...

U.S. Court of Appeals for 2nd Circuit Case Summaries: January 8, 2009.(Case overview)
January 8, 2009... Byline: Daily Record Staff Report U.S. Court of Appeals for the 2nd Circuit Indispensable Party CP Solutions PTE Ltd. v. General Electric Co. 07-3444-cv Appealed from the District of Connecticut Background: The plaintiff appeals the...

U.S. District Court, Western District of New York Case Summaries: January 8, 2009.(Case overview)
January 8, 2009... Byline: Daily Record Staff Report U.S. District Court, Western District of New York Suppression U.S. v. Anderson 06-CR-6229 Judge Siragusa Background: In the prosecution of defendant Anderson for conspiracy to manufacture and possess...

Appellate Division, 4th Department Case Summaries: January 8, 2009.(Case overview)
January 8, 2009... Byline: Daily Record Staff Report Appellate Division, 4th Department Legal Malpractice Ginther v. Rosenhoch 1438 Appealed from Supreme Court, Erie County Background: In a legal malpractice action, the appeal is from an order that granted...

U.S. Court of Appeals, 2nd Circuit Case Summaries: January 9, 2009.(Case overview)
January 9, 2009... Byline: The Daily Record Staff Sentencing Guidelines U.S. v. Lewis 08-1065-cr Appealed from the Northern District of New York Background: The defendant appeals from a denial of a motion seeking a reduced sentence following the...

Voluntary resignations and decisions in attorney discipline matters.
January 9, 2009... Byline: The Daily Record Staff Matter of John M. Bailey, an attorney, respondent. A certified copy of a certificate of conviction having been filed showing that Bailey was convicted of felony driving while intoxicated, he is disbarred and...

Commentary: Opportunity for greater use of net operating losses.
January 9, 2009... Byline: Thomas L. Wolf The Internal Revenue Service recently issued a favorable notice -- Notice 2008-78: Capital contributions made within two years prior to an ownership change -- regarding the annual limitation on the use of net...

The Daily Record News Briefs: January 9, 2009.
January 9, 2009... Byline: The Daily Record Staff North Winton couple recognized Rochester Mayor Robert J. Duffy will recognize city employee Debbie Cole and her husband Kevin during an all-staff meeting at City Hall this morning. The Coles have spread...

Rochester judge admonished.
January 9, 2009... Byline: Elizabeth Stull A Rochester City Court judge has been cited for improperly seeking political support from an attorney in her courtroom. The state Commission on Judicial Conduct announced Thursday that Judge Ellen Yacknin, a...

Rochester business forecast 2009: Challenges ahead.
January 9, 2009... Byline: Colleen M. Farrell Local economic experts say the Rochester region's forecast for 2009 won't change much from 2008. The area could see more job losses, less investments and a stagnant economy, according to several of the experts....

Appellate Division, 4th Department Case Summaries: January 9, 2009.(Case overview)
January 9, 2009... Byline: The Daily Record Staff Contractor Liability Jackson v. Guardsmark Inc. 1417 Appealed from Supreme Court, Monroe County Background: The plaintiffs allegedly were injured as the result of a chemical emission that occurred on the...

U.S. District Court, Northern District of New York Case Summaries: January 9, 2009.(Case overview)
January 9, 2009... Byline: The Daily Record Staff Ineffective Assistance U.S. v. Pierce 05-CR-322 Judge Mordue Background: Defendant Pierce, also known as Bird, Styles and Streets, was charged with numerous racketeering charges related to narcotics and...

U.S. District Court, Western District of New York Case Summaries: January 9, 2009.(Case overview)
January 9, 2009... Byline: The Daily Record Staff Social Security Green v. Astrue 07-CV-231 Judge Telesca Background: The plaintiff's application for disability or SSI benefits was denied and an action was filed to obtain judicial review of the denial....

Veterans project clashes with industrial zoning.
January 9, 2009... Byline: Sean Ryan Brian Read says Milwaukee should not let the Center for Veterans Issues build apartments on an industrial property neighboring his manufacturing operation. Read, president of Southwind Marine LLC, said the industrial...

Case Digests.
January 12, 2009... U.S. Court of Appeals for the Second Circuit Standing The Coalition of Watershed Towns v. EPA 07-2449-ag Petition for Review; Environmental Protection Agency Background: The petitioners, a confederation of towns in the Catskill and Delaware...

Appellate Division, 3rd Department Case Summaries: January 12, 2009.(Case overview)
January 12, 2009... Byline: The Daily Record Staff Tax Matter of Emigrant Bancorp Inc. v. Commissioner of Taxation and Finance 503625 Article 78 proceeding; Tax Appeals Tribunal Background: A determination of respondent Tax Appeals Tribunal, which...

U.S. District Court, Western District of New York Case Summaries: January 12, 2009.(Case overview)
January 12, 2009... Byline: The Daily Record Staff Long Arm Jurisdiction Duke, Holzman, Photiadis & Gresens LLP v. Cosentino 08-CV-437 Judge Telesca Background: The defendant moved to dismiss the complaint on the grounds that the court lacks personal...

U.S. Court of Appeals 2nd Circuit Case Summaries: January 12, 2009.(Case overview)
January 12, 2009... Byline: The Daily Record Staff Traffic Stop -- Passengers U.S. v. Stewart 07-3003-cr Appealed from the Southern District of New York Background: The prosecution appeals from an order granting the defendant's motion to suppress...

Commentary: Bernard Madoff's scheme the biggest fraud ever?
January 12, 2009... Byline: Gina Bliss Bernard Madoff was arrested last month, stunning news to most in the financial community. Madoff was very respected in the securities industry, a former chairman of NASDAQ and a well-known philanthropist. His fraud is...

Commentary: Technology (already) invades the courtroom.
January 12, 2009... Byline: Nicole Black Technological advancements are affecting courtrooms across the country, much to the consternation of many in the legal profession who staunchly resist technological change. Two recent events -- a decision from...

Private construction inches up.
January 12, 2009... Byline: The Daily Record Staff Private nonresidential construction spending increased just under 1 percent in November 2008, according to a Jan. 5 report by the U.S. Census Bureau. Through 2008, spending increased 10.3 percent and stood at...

Forecast 2009: What's new for law firms?
January 12, 2009... Byline: Elizabeth Stull It's all about the economy. Not even the changing federal administration will affect the legal profession this year as much as the national economic downturn, according to several top lawyers at some prominent...

Rochester's Renaissance Square 'the only game in town'.
January 12, 2009... Byline: Colleen M. Farrell Edward Wurtz has a strong interest in Downtown Rochester. His grandfather, a stone mason, helped to build the Times Square building. Wurtz, an attorney, worksdowntown at the law firm of Gallo & Iacovangelo LLP....

U.S. Court of Appeals, 2nd Circuit Case Summaries: January 13, 2009.(Case overview)
January 13, 2009... Byline: The Daily Record Staff 'Batson' Challenge U.S. v. White 07-1180-cr Appealed from the Western District of New York Background: The defendant appeals from an order of the district court that sentenced him to 84 months'...

Commentary: Reverse mortgage the new pension plan?
January 13, 2009... Byline: Tom Cali With the downturn in the financial markets, many seniors are rethinking their retirement plans. One method of securing cash that may be a wise decision is a reverse mortgage, which has been around for more than 20 years...

Commentary: What's the difference between sanction and cost?
January 13, 2009... Byline: Gary Muldoon For engaging in frivolous conduct, Part 130 of the Rules of Court authorizes two remedies: The court may grant an award of costs or impose sanctions. What is the difference? Costs are paid to another party Costs, as...

Commentary: Everything old is new again.
January 13, 2009... Byline: Hon. Robert J. Lunn We make a living by what we get, we make a life by what we give. -- Sir Winston Churchill First, let me extend a warm greeting and Happy New Year to the many readers of The Daily Record. From time to time, I...

The Daily Record News Briefs: January 13, 2009.
January 13, 2009... Byline: The Daily Record Staff Centennial: US-Canada waters treaty Sunday marked the 100th anniversary of the signing of the Canada-U.S. Boundary Waters Treaty, which created the International Joint Commission (IJC) to prevent and resolve...

Unique, smaller firms in Rochester taking chances.
January 13, 2009... Byline: Elizabeth Stull Chilly economic conditions put a freeze on many new business formations -- but have not stopped some entrepreneurial attorneys in the Rochester area from recently forming new firms. Three attorneys who formerly...

Renaissance Square plan B proposed for Rochester.
January 13, 2009... Byline: Colleen M. Farrell A local real estate developer promises his plan for a key downtown Rochester parcel is a better option than the $230 million Renaissance Square. Neil Bauman publicly announced his plans for the site Monday...

Appellate Division, 4th Department Case Summaries: January 13, 2009.(Case overview)
January 13, 2009... Byline: The Daily Record Staff Attorney's Conflict of Interest Snyder v. Snyder 1710 Appealed from Supreme Court, Erie County Background: The appeal is from an order that denied the plaintiff's motion seeking to disqualify the law...

U.S. District Court, Western District of New York Case Summaries: January 13, 2009.(Case overview)
January 13, 2009... Byline: The Daily Record Staff Social Security Calabrese v. Astrue 07-CV-6634 Judge Larimer Background: The plaintiff brought action for judicial review of the denial of her claim for disability and SSI benefits. The plaintiff is 47...

Forecast 2009: Rochester real estate.
January 14, 2009... Byline: Colleen M. Farrell Rochester's real estate market in the coming months will look much like the previous year's market, local experts say. Though property sales in the region have been stagnant, Greater Rochester Association of...

N.Y. Court of Appeals hears two Rochester cases.
January 14, 2009... Byline: Elizabeth Stull The New York State Court of Appeals will hear oral arguments today and Thursday in two criminal cases that originated in Rochester. The first involves Andrew Small, who was convicted of selling drugs after the...

News Briefs.
January 14, 2009... NYPA-Alcoa contract to keep, create jobs Gov. David A. Paterson this week approved a new contract between the New York Power Authority (NYPA) and Alcoa Inc., intended to ensure the North Country's largest private employer will remain in St....

Special resolve required in 2009.
January 14, 2009... Byline: John Kominicki Buddhist monks celebrate the new year by banging a gong 108 times, with each bang driving away one of the 108 forms of human weakness. By the end of it, they've created No. 109: gong elbow. The Buddhist ceremony is...

Commentary: Don't miss the bull market of 2009.
January 14, 2009... Byline: Kevin B. Murray While it did not come as a surprise to anyone, the National Bureau of Economic Research last month officially told us we have been in a recession since December 2007. So it would seem like a good time to see how...

Court Digest.
January 14, 2009... U.S. Court of Appeals for the Second Circuit Immigration Ruiz v. Mukasey 07-5727-ag Appealed from the Board of Immigration Appeals Background: The respondents move to dismiss for lack of jurisdiction petitioners' petition for review of a Board...

New York Power Authority-Alcoa contract to keep, create jobs.
January 14, 2009... Byline: Daily Record Staff Gov. David A. Paterson this week approved a new contract between the New York Power Authority (NYPA) and Alcoa Inc., intended to ensure the North Country's largest private employer will remain in St. Lawrence...

Upstate caucus meets in Albany for first time.
January 14, 2009... Byline: Daily Record Staff Democratic and Republican state senators met in Albany on Monday for the first time as the Upstate Legislative Caucus. Discussions focused on the formation of the caucus and issues including the State University...

Brockport students, professor in film.
January 14, 2009... Byline: Daily Record Staff Kenneth Herrmann, associate professor of social work, and students in the Vietnam study abroad program at the State University of New York College at Brockport are featured in the film Making Peace With Vietnam,...

Business sale prices fall in Rochester.
January 14, 2009... Byline: Daily Record Staff The median asking price for businesses in the Rochester area is $275,000, down from $304,000 at the end of 2007, according to BizBuySell.com, which is a marketplace for small businesses. The site's fourth quarter...

Cornell University's programs receive acclaim.
January 14, 2009... Byline: Daily Record Staff Cornell University's undergraduate College of Architecture, Art and Planning received top ranking in the annual survey conducted by DesignIntelligence (DI). The 2009 list marks the fourth time in the past five...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: January 14, 2009.(Case overview)
January 14, 2009... Byline: Daily Record Staff Immigration Ruiz v. Mukasey 07-5727-ag Appealed from the Board of Immigration Appeals Background: The respondents move to dismiss for lack of jurisdiction petitioners' petition for review of a Board of...

U.S. District Court, Northern District of New York, Case Summaries: January 14, 2009.(Case overview)
January 14, 2009... Byline: Daily Record Staff Breach of Contract Kehoe v. Travelers Insurance Co. 08-CV-566 Judge Sharpe Background: The plaintiff seeks recovery under a flood insurance policy issued to him by The Standard Fire Insurance Co. Standard...