Daily Record (Rochester, NY) articles from July 2003

Daily Record (Rochester, NY) archives from July 2003

Social Security case remanded to administrative law judge.
July 1, 2003... Byline: Helen Nguyen Was the Commissioner of Social Security's decision to deny the plaintiff disability benefits supported by substantial evidence? In Carl Holcomb v. Jo Anne B. Barnhart, Commissioner of Social Security, the U.S....

Rochester Legal Briefs July 1, 2003.
July 1, 2003... Byline: Daily Record Staff In the Appellate Division, Fourth Department's civil decisions, the court addressed discovery issues in the context of several personal injury lawsuits. CIVIL DECISIONS Medical Reports -- Redaction ...

Dismissal of students' lawsuit against NY State affirmed by Court of Appeals.
July 1, 2003... Byline: Jill Miller Has New York State failed to provide City of Rochester school students the opportunity for a sound basic education as outlined in the Education Article of the State Constitution? This was the question before the New...

Commentary: Power of attorney law needs changes.
July 1, 2003... Byline: Howard Relin Ms. G. is an 83-year-old woman with no relatives in town. Her neighbor was worried when Ms. G. became forgetful about leaving food out to spoil and forgot to pay her bills, including her property taxes. The neighbor...

U of Buffalo dean praises Supreme Court's admissions case ruling.
July 1, 2003... Byline: Daily Record Staff The State University of New York only has one law school, and that is the one at the University at Buffalo. In conjunction with the recent U.S. Supreme Court ruling in Gratz v. Bollinger, the University of...

"Attorney On His Way" statement by father not enough for son's rights violation by police.
July 2, 2003... Byline: Jill Miller Was the defendant's constitutional right to counsel violated when the police continued to question and obtain statements from him after his father advised the police that an attorney was on the way to the police...

Right to speedy and fair trial is focus of habeas proceeding.
July 2, 2003... Byline: Helen Nguyen Did the petitioner establish that his constitutional rights to a speedy and fair trial were violated? Was the petitioner's sentence harsh and excessive? These were just a few of the issues that the petitioner...

Lyle named Paralegal Assn. of Rochester's new president.
July 2, 2003... Byline: Jill Miller Dedicated to advancing the paralegal profession in the Rochester community and abroad, Pamela Lyle took over the presidency of the Paralegal Association of Rochester, armed with a plate full of ideas and initiatives to...

Rochester Legal Briefs July 2, 2003.
July 2, 2003... Byline: Daily Record Staff Among the decisions handed down by the Appellate Division, Fourth Department on June 13, 2003 was a case involving injuries inflicted with a baseball bat. The appellate panel was split on the issue of liability...

New York implements tougher DWI laws.
July 2, 2003... Byline: Nora Jones In December 2002, Gov. George Pataki signed into law a measure adjusting the alcohol limit threshold for driving while intoxicated. Effective July 1, 2003, pursuant to Vehicle and Traffic Law u 1192(2), it is illegal for...

Retirement party for NY Court of Claims Judge Donald Corbett scheduled.
July 2, 2003... Byline: Nora Jones His judicial career began in 1975 when he was elected to Monroe County Family Court, but Judge Donald J. Corbett, Jr. is probably best known for the 20 years he sat on the bench at the New York Court of Claims in...

Court orders resentencing of cocaine smuggler.
July 3, 2003... Byline: Jill Miller Are the statements made by a co-conspirator at his plea allocution admissible at the defendant's trial? Was the jury's determination as to the quantity of cocaine attributed to the defendant's conspiracy supported by...

Court denies summary judgment in 'slip and fall' case.
July 3, 2003... Byline: Robbi Hess On a motion for summary judgment, did defendant J.C. Penney Co., Inc. establish that plaintiff's negligence claim should be dismissed? This was the issue before U.S. District Judge Charles J. Siragusa in Lawrence...

Rochester's new Asst. Attorney General is a true advocate.
July 3, 2003... Byline: Nora Jones It appears that Bobby Colon has always paid attention to opportunities around him and carefully considered his options. As manager of legal affairs at Paychex, Inc., he wasn't looking for a new position when 2003 rolled...

Big step forward in negotiations in Global Crossing cases.
July 3, 2003... Byline: Daily Record Staff "There has been a big step forward in the negotiations for a comprehensive settlement of all the Global Crossing cases," noted Matthew J. Fusco, a partner at Chamberlain D'Amanda Oppenheimer & Greenfield. ...

State Bar, Medical Society collaborate on Legal Manual for NY Physicians.
July 3, 2003... Byline: Daily Record Staff A historic partnership between the New York State Bar Association and the Medical Society of the State of New York has led to the creation of a much-needed resource for physicians, attorneys representing...

Rochester Legal Briefs July 3, 2003.
July 3, 2003... Byline: Jill Miller CRIMINAL DECISIONS Motion Denied A motion to reduce or dismiss the indictment is denied. "This court has granted the motion to inspect the Grand Jury minutes, and after a review of said minutes, has...

Survey finds employers prevail 94.5 percent of time in discrimination cases.
July 3, 2003... Byline: Daily Record Staff The sixth annual survey of employment discrimination cases brought under Title I of the Americans with Disabilities Act found that employers prevail 94.5 percent of the time in court and 78.1 percent of the time...

New York State Commission seeks judicial nominations for Court Of Appeals.
July 7, 2003... Byline: Daily Record Staff The New York State Commission on Judicial Nominations is seeking recommendations and applications of anyone who may be qualified to serve as an associate judge of the New York Court of Appeals. A vacancy...

Renovations of NY Eighth Judicial District will create much-needed space.
July 7, 2003... Byline: Nora Jones The building at 77 W. Eagle St. that used to house the University at Buffalo Law School will soon become the Supreme Court Law Library for Buffalo. With construction trailers lining W. Eagle Street for many months, the...

Rochester Legal Briefs July 7, 2003.
July 7, 2003... Byline: Jill Miller A motion to reduce or dismiss the indictment against the defendant is denied. "The court has granted the motion to inspect the Grand Jury minutes, and, after a review of said minutes, has determined that the...

NY State Court of Appeals rules amendment to DNA identification index is constitutional.
July 7, 2003... Byline: Jill Miller Is a 1999 amendment to the DNA identification index an unconstitutional ex post facto law? This was the central issue on appeal before the New York State Court of Appeals in Paul Kellogg v. Brion D. Travis, &c., et...

Fed. Trade Comm. and Dept. of Justice agree not to enforce Gramm-Leach-Bliley Act against lawyers.
July 7, 2003... Byline: Daily Record Staff The Federal Trade Commission and the U.S. Department of Justice have agreed, pending a court decision, not to take action against lawyers who do not take steps to notify clients of their privacy and information...

Employment discrimination claims against Kodak found untimely and non-specific.
July 8, 2003... Byline: Robbi Hess Did the employer, Eastman Kodak, discriminate against plaintiff, an African American male? Were plaintiff's claims of special treatment being afforded to other employees substantiated by the evidence presented? Were the...

Evidence supports issuance of search warrant.
July 8, 2003... Byline: Jill Miller Should the items seized from the defendant's apartment be suppressed on the grounds that the search warrant was issued without probable cause? This was one of the central issues before Monroe County Court in People...

Commentary: Scientific, expert testimony deterred by High Court ruling.
July 8, 2003... Byline: Daily Record Staff Ten years ago, the U.S. Supreme Court issued an opinion meant to assist federal judges in deciding whether to allow expert testimony into the courtroom (Daubert v. Merrell-Dow). But what started as a...

Attorney's culinary skills affirmed with publication of recipe in recent 'Gourmet' Magazine.
July 8, 2003... Byline: Nora Jones It was actually her 10-year-old son who suggested sending the recipe to Gourmet magazine the first time that Jessica Murray made her Kalamata Pesto sauce (recipe below). And it was somewhat of a shopping mistake that...

Sanction and attorney's fees granted for violation of temporary restraining order.
July 9, 2003... Byline: Helen Nguyen Where the defendant violated a temporary restraining order, should the court impose a sanction for contempt? Should the court award attorney's fees to the plaintiff? These were the central issues that the U.S....

Pre-trial motions reviewed in wrongful death action.
July 9, 2003... Byline: Nora Jones In a wrongful death action against Rockwell Automation (who supplied a switch used by decedent's employer, Buffalo China) the court in Debra J. Bifaro, individually and as Administrator of the Estate of Louis J. Bifaro,...

New York teachers attend Law Institute seminar in Rochester.
July 9, 2003... Byline: Daily Record Staff High school social studies teachers from across the state have been in Rochester this week to attend an annual Summer Law Institute program. This is the third year that the Monroe County Bar Association has hosted...

Fourth Department releases reinstatements, censures.
July 9, 2003... Byline: Daily Record Staff Part One of Two. The Appellate Division, Fourth Department handled the following decisions in disciplinary matters in its most recent round of decisions handed down on Thursday, July 3, 2003. Matter Of...

Rochester Legal Briefs July 9, 2003.
July 9, 2003... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions issued in July, the appeals court addressed issues in two cases that had not been preserved in the lower court. The Appellate Division ruled that the trial...

Ernst & Young names recipients of 'Entrepreneur Of Year' Award.
July 10, 2003... Byline: Nora Jones Among the numerous entries in the Ernst & Young Entrepreneur of the Year Award 2003, President and CEO of Karpus Investment Management George W. Karpus was honored as the recipient in the category "Financial Services."...

Fourth Department releases attorney discipline matters.
July 10, 2003... Byline: Daily Record Staff Part Two of Two. The Appellate Division, Fourth Department handled the following decisions in disciplinary matters in its most recent round of decisions handed down on Thursday, July 3, 2003. Matter Of Eric...

Commentary: U.S. Supreme Court expands privacy rights.
July 10, 2003... Byline: Deborah Fauver May a state criminalize private sexual acts between consenting adults? Not unless the state can justify the intrusion into its citizens' private lives, concluded a majority of the Supreme Court in Lawrence et al. v....

Motion to compel continuance of deposition granted.
July 10, 2003... Byline: Nora Jones Should the motion to compel continuation of a deposition be granted? Should plaintiff be required to reimburse the defendant for costs related to the continued deposition and for the costs of bringing the instant motion?...

NY Court of Appeals lists filings for May 23-29, 2003.
July 10, 2003... 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...

Bootleg movie maker pleads guilty.
July 10, 2003... Byline: Daily Record Staff Facing a maximum sentence of three years in prison and a fine of $250,000, a 25-year-old New Jersey man pled guilty to a felony charge of making an unauthorized digital copy of a copyrighted motion picture and...

Rochester Legal Briefs July 10, 2003.
July 10, 2003... Byline: Daily Record Staff The Appellate Division, Fourth Department's recent decisions reviewed several matters of civil procedure. These included the standard of review on a motion for a discretionary change of venue, and whether a...

Statutes limiting interstate wine sales under scrutiny.
July 11, 2003... Byline: Nora Jones In Dickerson v. Bailey, the U.S. Court of Appeals for the Fifth Circuit reviewed a constitutional challenge to Texas' ban on direct sale by out-of-state wine sellers. The law affects, among other things, Internet wine...

Racial discrimination claims streamlined.
July 11, 2003... Byline: Deborah Fauver Is summary judgment appropriate when the employer claims an employee was fired after a co-worker heard him threaten a supervisor, and the employee, who swears he made no such threats, asserts that the firing...

Real Estate Section of Monroe County Bar Assn. elects new chairman.
July 11, 2003... Byline: Daily Record Staff Charles (Chip) W. Russell, partner in the law firm of Boylan, Brown, Code, Vigdor & Wilson, was elected to served as chairman for the Real Estate Section of the Monroe County Bar Association at the annual meeting...

Property value established in eminent domain case.
July 11, 2003... Byline: Helen Nguyen Can the state include environmental clean up costs in its appraisal of the claimant's property? In Kermith K. Kossow v. The State of New York, a portion of the claimant's property was taken by the State of New York...

Rochester Legal Briefs July 11, 2003.
July 11, 2003... Byline: Daily Record Staff The Appellate Division, Fourth Department reviewed the propriety of a preliminary injunction in a Cayuga County employment lawsuit. In a will contest out of Oswego County, the appeals court found that the proof...

'Pond' motion evokes pleading requirements.
July 14, 2003... Byline: Nora Jones Did the debtors establish that their home valuation was insufficient to support a second mortgage, allowing avoidance of the second loan? Considering the debtors' valuation motion with testimony regarding the value...

No contract formed, enforcement precluded.
July 14, 2003... Byline: Helen Nguyen In a case where the plaintiff alleged sexual harassment, should the court grant the employer's motion to enforce a purported settlement agreement? In Rita L. Aderman v. Niagara Wheatfield Central School District,...

New civil filing fees - Implementation explanations.
July 14, 2003... Byline: Daily Record Staff The New York State Legislature recently enacted legislation, effective July 14, 2003, raising almost all civil fees, and creating some new fees, in the Supreme and County Courts, Chapter 62 of the Laws of 2003....

NY State Court of Appeals lists filings from June 6-12.
July 15, 2003... 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...

Rochester Legal Briefs July 15, 2003.
July 15, 2003... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions released on July 3, 2003, the court ruled on various tort claims, concluding in an Onondaga case that the plaintiff "assumed the risk" of injury when she went...

No grounds established for habeas corpus relief.
July 15, 2003... Byline: Robbi Hess Did the prosecution fail to disclose impeachment material creating grounds for petitioner's habeas corpus action? Was trial counsel ineffective? Was there insufficient evidence to convict the petitioner or did the trial...

Post-trial collateral sources hearing ordered.
July 15, 2003... Byline: Helen Nguyen In a personal injury action, are the defendants entitled to post-trial discovery and a collateral sources hearing? Does federal or state law govern the calculation of post-judgment interest? In Howard H. Underwood,...

Governor awards $1.7 million to aid in child abuse investigations.
July 15, 2003... Byline: Daily Record Staff The award of 19 grants totaling $1.7 million to improve the investigation of child abuse cases and help children and families who are victims of abuse will be distributed among 16 counties across the state. ...

Police had probable cause to seize, search defendant's computer, state court holds.
July 16, 2003... Byline: Jill Miller Did the police err when it seized and searched the defendant's computer without a search warrant? This was one of the many issues before New York State Supreme Court Judge Kenneth Fisher in People v. Richard...

Evidence supports verdict.
July 16, 2003... Byline: Robbi Hess Was the verdict against the weight of evidence? Should the prior verdict be set aside on the grounds of juror misconduct and misconduct on the part of plaintiff's counsel? Was there sufficient evidence to set aside...

Monroe County Bar Assn. hosts golf tourney.
July 16, 2003... Byline: Daily Record Staff Bright sunny skies greeted members of the legal community who turned out in full force to support the Monroe County Bar Association's Lawyers for Learning Program. Approximately 132 golfers participated in...

Rochester Legal Briefs July 16, 2003.
July 16, 2003... Byline: Daily Record Staff Appellate Division, Fourth Department decisions in July included personal injury and other tort law issues. A plaintiff's lawsuit based on a documentary in which his photograph was mistakenly included was...

Inmate's medical care was adequate, court rules.
July 17, 2003... Byline: Robbi Hess Did plaintiff receive proper medical treatment for his myriad alleged medical wrongs? Were medical experiments and unnecessary surgeries performed? Did defendants purposely over look and deprive him of adequate medical...

Heart of Gold Golf Benefit set for July 26, 27.
July 17, 2003... Byline: Daily Record Staff Amateur golfers are invited to participate in a hole-in-one shootout at the Golf Tee Family Fun-Tastic on Saturday, July 26, 2003 -- the first qualifying event that could lead to taking home a 2003 Toyota Camry...

Stop at police checkpoint violated rights.
July 17, 2003... Byline: Jill Miller Were the defendant's constitutional rights violated after he was stopped at a vehicle checkpoint? In the People v. Fabian V. Trotter, the defendant asked New York State Supreme Court Judge Francis Affronti to...

ABA sends letter to Congress opposing 'protection of legal commerce in arms'.
July 17, 2003... Byline: Daily Record Staff Last week, in a letter to U.S. Senators, American Bar Association President Alfred P. Carlton Jr. expressed the Association's strong opposition to S.659, the Protection of Legal Commerce in Arms Act. The...

Rochester Legal Briefs July 17, 2003.
July 17, 2003... Byline: Daily Record Staff In an opinion by Justice Robert G. Hurlbutt, the Appellate Division, Fourth Department reviewed the liability of a parent for injuries that occurred at a party that took place when the parent was absent. This was...

Case returned to Webster Town Court.
July 18, 2003... Byline: Jill Miller Does an order issued by Monroe County Court pursuant to CPL [section] 180.40 amend the felony charge of Criminal Contempt in the First Degree to a misdemeanor charge of Criminal Contempt in the Second Degree? Does the...

Monetary penalty determined in accounting fraud case.
July 18, 2003... Byline: Nora Jones How should market regulators and the courts respond when criminals use a public company to commit a massive fraud? "While the persons who perpetrated the fraud can be criminally prosecuted, the exposure of the fraud...

Buffalo hockey team to play in Rochester on November 12.
July 18, 2003... Byline: Daily Record Staff Any Buffalo Sabres fans out there? How would you like to see the Sabres play the New Jersey Devils who just won the Stanley Cup? That game is set for Wednesday, Nov. 12, 2003, according to Buffalo Sabres'...

Rochester Legal Briefs July 18, 2003.
July 18, 2003... Byline: Daily Record Staff No set of Appellate Division, Fourth Department decisions is complete without the scaffolding law being reviewed. In July 2003, the Appellate Division reviewed this and other personal injury issues, as well as...

NY State Bar Assn. forms committee to study New York's jury system.
July 18, 2003... Byline: Daily Record Staff New York State Bar Association (NYSBA) President A. Thomas Levin has formed a committee to review the functioning of the jury system in civil and criminal proceedings in New York. The 15-member committee will...

Children's Internet Protection Act does not violate adult patrons' First Amendment rights.
July 21, 2003... Byline: Deborah Fauver May federal funding of public library computer programs be conditioned on the use of filtering software? A plurality of the U.S. Supreme Court concluded, 6-3, that withholding federal funds from unfiltered libraries...

U.S. District Court for the Western District of NY denies resentencing motion.
July 21, 2003... Byline: Helen Nguyen Did the defendant establish that the retroactive application of the Bureau of Prison's (BOP) new sentencing policy violated the defendant's due process rights and the Ex Post Facto clause? In United States of...

Foundation of Monroe County Bar selects new officers.
July 21, 2003... Byline: Nora Jones Bradley P. Kammholz has been selected as the new president of the Foundation of the Monroe County Bar by the Foundation's nominating committee. Kammholz is a partner with Faraci & Lange LLP and focuses his legal practice...

NY State Bar Assn. endorses plan to allow out-of-state lawyers to practice in NY.
July 21, 2003... Byline: Daily Record Staff The New York State Bar Association (NYSBA) approved a plan allowing lawyers from other states to provide limited legal services, on a temporary basis, in New York. The plan, known as multi-jurisdictional...

Rochester Legal Briefs: July 21, 2003.
July 21, 2003... Byline: Daily Record Staff In recent Appellate Division, Fourth Department family law decisions, the issues raised included the sufficiency of evidence in an Erie County neglect proceeding and in an Onondaga County post-divorce custody...

Motion for appointment of arbitrators denied.
July 22, 2003... Byline: Helen Nguyen Where the defendants argued that a panel of arbitrators was unqualified, should the court grant the defendant's motion to appoint a new panel of arbitrators? This was the central issue that the U.S. District Court...

Family Court candidates rated by Bar Association of Erie County.
July 22, 2003... Byline: Daily Record Staff The Bar Association of Erie County has issued its ratings for Erie County Family Court judicial candidates for the general election in November. Ratings included: Outstanding, Well Qualified, Qualified and...

Rochester Legal Briefs July 22, 2003.
July 22, 2003... Byline: Daily Record Staff In Appellate Division, Fourth Department criminal law appeals, the court reviewed two separate appeals involving "Megan's Law" classifications of sex offenders. Several appeals involved questions of the propriety...

Relationship between receivership, estate explored.
July 22, 2003... Byline: Jill Miller Was a receivership, which was put into place when an elderly woman was moved from Rochester to Connecticut by her sister, terminated upon the her death? Who is entitled to the assets in the receivership, the probate...

Commentary: NY State Bar president responds to 'courtroom camera' ruling.
July 22, 2003... Byline: Nora Jones When a New York State Supreme Court upheld the 1952 legislation banning cameras in New York courtrooms last week, many people reacted. Among those speaking up in response to Manhattan Supreme Court Justice Shirley Werner...

EPA fines dry cleaners who fail to meet clean air requirements.
July 22, 2003... Byline: Daily Record Staff Despite efforts by the U.S. Environmental Protection Agency to help dry cleaners comply with federal environmental requirements, one more dry cleaner in New York and six more in New Jersey have been fined. ...

Collecting snow domes among Rochester atty's many interests.
July 22, 2003... Byline: Robbi Hess She wanted a fur... what she got was the Eiffel Tower and thus began attorney Dan D. Kohane's snow dome collection. "It was about 10 years ago when I went to Paris and the woman I was dating at that time asked me to...

Dept. of Environmental Conservation's Web-based service expands public participation.
July 22, 2003... Byline: Daily Record Staff The New York State Department of Environmental Conservation implemented an "environmental justice" policy that gives communities more opportunities to provide input on decisions that could impact the environment...

Builder did not breach contract with purchasers.
July 23, 2003... Byline: Jill Miller Did a builder breach its contract with the plaintiffs after it accepted a purchase offer from another buyer? This was the central issue before New York State Supreme Court Judge Thomas Stander in Kristin Sampson and...

ABA report suggests changes in ways legal services are provided to indigent.
July 23, 2003... Byline: Daily Record Staff The American Bar Association Standing Committee on the Delivery of Legal Services released its Report on the Public Hearing on Access to Justice, which suggests that the legal profession change the way it...

Judge Richard C. Wesley honored locally.
July 23, 2003... Byline: Nora Jones In a special session of the U.S. Court of Appeals for the Second Circuit, Chief Judge John M. Walker, Jr. administered the oath of office to Judge Richard C. Wesley for the benefit of a local audience comprised of...

Eighth Amendment claims of inmate to go forward.
July 23, 2003... Byline: Robbi Hess Did defendants fail to take proper measures to ensure plaintiff's safety? Were they indifferent to plaintiff's medical needs? Did defendants' motion for dismissal, based on lack of jurisdiction, have merit? These...

NY State Court of Appeals lists filings from June 13-26.
July 23, 2003... 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...