Daily Record (Rochester, NY) articles from July 2004

Daily Record (Rochester, NY) archives from July 2004

Death penalty provision unconstitutional.
July 1, 2004... Byline: Kevin M. Momot Where the defendant was found guilty of first degree murder in furtherance of first degree rape and sentenced to death, the New York State Court of Appeals upheld the conviction, but vacated the death sentence and...

Absentee and military ballots cast in Niagara County Legislature election reviewed on appeal.
July 1, 2004... Byline: Nora A. Jones Filing a proceeding under article 16 of the New York Election Law, Michael P. Carney asked the New York State Supreme Court to review certain ballots cast in the 2003 election for the Niagara County Legislature....

Certification of orders of protection to be completed at Hall of Justice.
July 1, 2004... Byline: Helen Nguyen Forty-eight hours - that's how long it typically took for victims of domestic violence to get their orders of protections certified and served on their abusive partners. Why that long? Because of what many women...

Lecture series proceeds benefit shelter for battered women.
July 1, 2004... Byline: Staff If you attended one or more of the HerStory programs presented by the Greater Rochester Association for Women Attorneys last spring, your small admission fee contributed to the $1,137 donation GRAWA recently handed over to...

Rochester Legal Briefs July 1, 2004.
July 1, 2004... Byline: Staff In Appellate Division, Fourth Department decisions, the court reviewed whether a series of attorneys' letters constituted an enforceable stipulation. The appeals court also reviewed breach of contract actions, including a...

Sharon P. Stiller elected to College of Labor and Employment Lawyers.
July 1, 2004... Byline: Staff Sharon P. Stiller of Underberg & Kessler LLP has been elected a Fellow of the College of Labor and Employment Lawyers. Election as a Fellow represents the recognition by colleagues that those elected have distinguished...

Defendant not a 'debt collector' under the Fair Debt Collection Practices Act.
July 2, 2004... Byline: Helen Nguyen A lawsuit against American Water Services, Inc., a company that manages the billing and collection operations for the Buffalo Water Board and Buffalo Sewer Authority, was dismissed by the U.S. District Court for the...

NY Senate passes bill to reform liability provisions in state's vehicle and traffic law.
July 2, 2004... Byline: Staff The New York State Senate passed legislation that would ensure that vehicle leasing remains an option for New York consumers. The bill would reform the vicarious liability provisions in the Vehicle and Traffic Law so...

Landmark reforms proposed for judicial election practices in New York.
July 2, 2004... Byline: Staff After over a year of analyzing the reasons for flagging public confidence in New York's judicial election process, a commission empanelled by the state's chief judge is proposing a package of major reforms to reaffirm public...

Hodgson Russ LLP announces new firm leadership roles.
July 2, 2004... Byline: Staff Hodgson Russ LLP announces new firm leadership roles effective July 1. Paul R. Comeau, state and local tax practice group, has been appointed chair of the firm. Comeau is taking over as chair of Hodgson Russ from Dianne...

Phillips Lytle partner elected president of Erie County Bar.
July 2, 2004... Byline: Staff Jeremiah J. McCarthy, partner at Phillips Lytle LLP, has recently been elected president of the Bar Association of Erie County. McCarthy will serve a one year term as vice president before he ascends to the presidency. He...

NY appellate court rules no duty of care owed to nonpatient plaintiff.
July 6, 2004... Byline: Kevin M. Momot Where the plaintiffs asserted a cause of action for negligent infliction of emotional distress against defendant nursing care providers as a result of the mother observing her daughter in an extended period of...

US Supreme Court upholds ban to censor Internet.
July 6, 2004... Byline: Staff In a recent ruling, the U.S. Supreme Court upheld a ban on an attempt to censor Internet content in Ashcroft v. American Civil Liberties Union, et al. (No. 03-218), stating content-based prohibitions of speech "have the...

Volunteer Legal Services conducts Wills Clinic.
July 6, 2004... Byline: Staff Low income families may not have big concerns about estate taxes, but they often care deeply about who will inherit the few assets they have, or where their children will end up. To that end, the Volunteer Legal Services...

Discharged attorney in matrimonial action collects fees from more-affluent spouse.
July 7, 2004... Byline: Kevin M. Momot Where an attorney was discharged without cause in a matrimonial action, the New York State Court of Appeals determined legal fees could be collected from the more-affluent spouse pursuant to Domestic Relations Law...

Motion to dismiss claims for cleanup costs denied.
July 7, 2004... Byline: Helen Nguyen The costs associated with the cleanup of an environmentally contaminated piece of land can be high. In a recent decision by the U.S. District Court for the Western District of New York, the court was asked to make a...

Bausch & Lomb, CIBA Vision reach settlement of patent litigation.
July 7, 2004... Byline: Staff Bausch & Lomb and CIBA Vision Corp., the eye care unit of Novartis AG, have reached a final settlement agreement that resolves disputes between the two companies in patent infringement lawsuits and associated patent...

Federal judges' compensation in decline compared to private sector wages.
July 7, 2004... Byline: Staff The National Commission on the Public Service (the Volcker Commission) has declared that "Judicial salaries are the most egregious example of the failure of federal compensation policies." The Volcker Commission found...

Laches defense not applicable in bankruptcy.
July 8, 2004... Byline: Kevin M. Momot On a motion by the debtor to avoid judgment liens under USC [sz]522(f), the U.S. Bankruptcy Court for the Western District of New York reviewed whether a defense of laches could be applied by the respondents. ...

Mother's petition for primary residence of son denied.
July 8, 2004... Byline: Jill Miller Finding a mother presents a risk of mental health, relationship and economic instability to her son, a Monroe County Family Court judge denied the mother's petition for primary physical residence of her son. In...

NYSBA seeks comments on proposed Committee on Standards of Atty. Conduct changes.
July 8, 2004... Byline: Staff The New York State Bar Association Committee on Standards of Attorney Conduct (COSAC) is continuing its review of the New York Code of Professional Responsibility. Earlier this year the committee circulated four proposed...

New Cortland County DA named.
July 8, 2004... Byline: Staff David S. Hartnett has been appointed Cortland County District Attorney. He replaced Robert T. Jewett, who resigned earlier this year. "After a review and evaluation of his impressive legal credentials, we have determined...

Judicial interpretation of attorneys' fee agreement provided on plaintiff's motion.
July 9, 2004... Byline: Nora A. Jones Ambiguous? Or unambiguous? That was the central debate regarding an attorneys' fee agreement as discussed in the latest proceeding in Stephen Babcock v. William Rezak, individually and as president of State University...

Court orders recalculation of contingency fee.
July 9, 2004... Byline: Jill Miller Finding a 50 percent contingency fee large enough to be unenforceable based on the circumstances of the case, Monroe County Surrogate's Court Judge Edmund Calvaruso recalculated the fee to be 33.3 percent of the...

UB Law School names awards recipients.
July 9, 2004... Byline: Staff The first Albert R. Mugel Award recognizing proficiency in future interests and estate-planning law was presented to Jennifer Marie Valvo McCann during the University at Buffalo Law School's recent commencement ceremony. ...

New bill to protect confidentiality of civil court victims signed into state law.
July 9, 2004... Byline: Staff Legislation has been signed into law that will protect the confidentiality of civil court participants - including victims of domestic violence - who could be at risk if their private, personal information was revealed during...

Rochester Legal Briefs July 9, 2004.
July 9, 2004... Byline: Staff The Appellate Division, Fourth Department decisions reviewed the propriety of enforcing a judgment based on a retaining lien before the underlying litigation was concluded. The court also found a party's admission that an...

Custody award to dad challenged, affirmed.
July 12, 2004... Byline: Nora A. Jones Focusing on the best interests of the children, the New York State Supreme Court, Appellate Division, Fourth Department, reviewed a custody determination in Matter of Loida B. v. Ronald B., affirming the trial court's...

Court Errs in suppressing videotape, new trial ordered.
July 12, 2004... Byline: Jill Miller Finding the defendant complied with his obligation to disclose a videotape in advance of trial when he delivered a complete copy of the tape to the plaintiff, the New York State Court of Appeals reversed the order of...

Program provides teachers with better understanding of the law.
July 12, 2004... Byline: Jill Miller Teachers from throughout Monroe County and New York State spent last week taking an indepth look at the law and the legal system during a summer training program hosted by the Monroe County Bar Association and sponsored...

Judge Irizarry appointment to federal bench confirmed by U.S. Senate.
July 12, 2004... Byline: Staff The United States Senate has confirmed the appointment of Dora Irizarry to the U.S. District Court for the Eastern District of New York bench. Judge Irizarry, a Republican who ran unsuccessfully for New York State...

Rochester Legal Briefs July 12, 2004.
July 12, 2004... Byline: Staff In decisions reviewing family law issues, the Appellate Division, Fourth Department awarded attorney's fees for nonpayment of child support in a case arising out of Erie County. In a child support appeal, the "proportionate...

Hodgson Russ partner appointed to NAFTA dispute resolution roster.
July 12, 2004... Byline: Staff Lauren D. Rachlin, a partner in Hodgson Russ LLP's corporate & securities and international/cross-border practice groups, has received a federal appointment making him eligible to serve on international dispute resolution...

Evidence insufficient to support claims of age, race discrimination or contract breach.
July 13, 2004... Byline: Nora A. Jones Where the evidence indicated plaintiff's termination was based on performance issues, the U.S. District Court for the Western District of New York granted the defendant's motion for summary judgment in Bahjat Beshty...

Indictment not duplicitous, murder charge stands.
July 13, 2004... Byline: Jill Miller Finding the indictment charging the defendant, a former local attorney, with Murder in the First Degree, not to be duplicitous, a Monroe County Court judge denied the defendant's motion to dismiss. In the People v....

ABA urges Senate to oppose federal marriage amendment.
July 13, 2004... Byline: Staff American Bar Association President Dennis W. Archer strongly opposed any amendment to the U.S. Constitution banning same-sex marriage as unnecessary policy that tramples on the traditional authority of states to establish...

One disbarred, two reinstated by Fourth Dept.
July 13, 2004... Byline: Staff The Appellate Division, Fourth Department handled the following disciplinary matters in its most recent round of decisions handed down on July 9: Matter Of Thomas J. Przybyla, For Reinstatement To The Practice Of Law -...

Rochester Legal Briefs July 13, 2004.
July 13, 2004... Byline: Staff In decisions of the Appellate Division, Fourth Department, the court addressed the appropriateness of punitive damages in the context of a medical malpractice/wrongful death action. The appeals court also found that a...

Kodak failed to give proper notice of infringement for certain patents.
July 14, 2004... Byline: Helen Nguyen The question of whether Eastman Kodak Co. provided actual notice of infringement to Agfa-Gevaert, N.V. and Agfa Corp. with regard to seven of its patents was the central issue the U.S. District Court for the Western...

Article 78 proceeding dismissed as time-barred.
July 14, 2004... Byline: Jill Miller Finding the petitioner failed to commence an Article 78 proceeding challenging three bonding resolutions, within the 20 day limitation period outlined in Local Finance Law s. 82.00, a New York State Supreme Court,...

NY State Bar Assn. receives ABA Partnership Award.
July 14, 2004... Byline: Staff The New York State Bar Association has been chosen to receive the 2004 American Bar Association Partnership Award which recognizes efforts of bar associations to increase diversity in the legal profession. NYSBA President...

New presiding judge of NY State Court of Claims named.
July 14, 2004... Byline: Staff Judge Richard E. Sise of the New York State Court of Claims has been named presiding judge of the court. The New York State Judicial Screening Committee found Judge Sise highly qualified to serve as presiding judge based...

Employment discrimination case dismissed.
July 15, 2004... Byline: Helen Nguyen Finding there was insufficient evidence that HSBC discriminated against the plaintiff, Thomas A. DiStefano, when it failed to rehire him, the U.S. District Court for the Western District of New York in T. DiStefano v....

Owner not liable for cable technician's injuries.
July 15, 2004... Byline: Jill Miller A building owner may not be held strictly liable under Labor Law s. 240(1) for the injuries a cable technician sustained while performing work on its property without its knowledge or consent. This was the finding...

A. Vincent Buzard presides over NYSBA House of Delegates.
July 15, 2004... Byline: Staff Harris Beach LLP partner A. Vincent Buzard, president-elect of the New York State Bar Association, presided over his first meeting of the NYSBA's 248-member House of Delegates on June 19 in Cooperstown. The House of...

Rochester bankruptcy filings increase for first half of 2004.
July 15, 2004... Byline: Staff Bankruptcy filings increased 7 percent for the first six months of 2004 compared to 2003. There were 2,830 bankruptcies filed in the first six months of 2004 compared to 2,644 in the first six months of 2003. These statistics...

MCBA's first summer SideBAR event set for July 22.
July 15, 2004... Byline: Staff No speeches; no agendas; just fun is the theme of the SideBAR events proposed by Monroe County Bar Association President Michael Wolford. "We have initiated a series of social events this year beginning with a Summer...

NY State Court of Appeals lists filings for June 4-10, 2004.
July 15, 2004... Byline: 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 reach decision on...

Defendant potentially responsible for negligent actions of permissive users of motor vehicle.
July 16, 2004... Byline: Kevin M. Momot Where the plaintiff brought an action to recover damages for injuries sustained in a motor vehicle accident, a negligence claim brought against the defendants based on a theory of res ipsa loquitor was not...

Monroe County judge decides liability for water damage from back-flow device.
July 16, 2004... Byline: Jill Miller Concluding the defendant's back-flow device caused excess water to run onto the plaintiffs' road and damaging it, a New York State Supreme Court, Monroe County, judge granted the plaintiffs' motion for summary judgment...

National Bar Association travels to South Africa and Botswana.
July 16, 2004... Byline: Kevin M. Momot As a member of the National Bar Association (NBA), Yohannes Assefa, an associate in the business and commercial litigation practice group at Harris Beach LLP, recently traveled to South Africa, Botswana and Zimbabwe...

Richardson begins term as president of Western NY Chapter of Women's Bar Assn.
July 16, 2004... Byline: Nora A. Jones Karen E. Richardson is proud to be the president of the Western New York Chapter of the Women's Bar Association for the State of New York and looks forward to this year's installation dinner slated for September. ...

Nixon Peabody adds to its technology & intellectual property group.
July 16, 2004... Byline: Staff Attorney Craig John Conte of Penfield has joined the technology and intellectual property group at Nixon Peabody LLP. Conte was previously with Underberg & Kessler LLP. He is a graduate of St. John's University School of Law...

Former UB students establish endowment fund to honor law professor Louis Del Cotto.
July 16, 2004... Byline: Staff Seven former students of Louis A. Del Cotto, a tax authority and professor emeritus at the University at Buffalo Law School, have established an endowment fund - kicking it off with $75,000 in gifts and pledges - to honor the...

Sentence enhancement upheld by NY District Court.
July 19, 2004... Byline: Helen Nguyen The assignment of a four-level enhancement to the offense level of the defendant, Lindsay Harrison, was found to be proper by the U.S. District Court for the Western District of New York in United States v. Lindsay...

Webster Town Court judge dismisses assault in third degree charge.
July 19, 2004... Byline: Jill Miller The prosecution failed to prove the defendant contemplated his actions which resulted in the victim's three broken fingers and as a result a Webster Town Court judge found the defendant not guilty of Assault in the...

American Bar Assn. research project to focus on minority women attorneys in work force.
July 19, 2004... Byline: Staff The American Bar Association Commission on Women in the Profession is conducting a first-of-its-kind research project to answer several questions relating to minority women in the work force, including what practices law...

Jaeckle Fleischmann & Mugel, LLP relocates Rochester office.
July 19, 2004... Byline: Staff Jaeckle Fleischmann & Mugel, LLP, is relocating its Rochester office to Linden Oaks Office Park. The move is being made in order to meet the requirements of the firm's expanding client base. The new office has 14,400 sq....

Rochester Legal Briefs: July 19, 2004.
July 19, 2004... Byline: Staff The Appellate Division, Fourth Department's July decisions included several civil law issues, including whether a note of issue was properly filed and the propriety of granting summary judgment. CIVIL DECISIONS ...

NY State Supreme Court Judge Arthur B. Curran passes away at 79.
July 19, 2004... Byline: Staff Retired New York State Supreme Court Judge Arthur B. Curran, 79, who served on the court for 14 years after winning election in 1979, has passed away on Monday, July 12. Mr. Curran appears to have become incapacitated while...

Lifetime love of horses keeps attorney Gerry Strauss in the saddle.
July 19, 2004... Byline: Nora A. Jones Despite a few broken bones, numerous sprains and countless bruises along the way, Gerard A. Strauss has never considered giving up riding horses. And he is grateful that his law partners are quite accommodating when...

NY District Court judge remands mental impairment disability claim for development of record.
July 20, 2004... Byline: Deborah Fauver A Social Security disability benefit claim of mental impairment cannot be rejected solely on the basis of the claimant's daily activities and the opinions of reviewing physicians, held the U.S. District Court Judge...

NY Court of Appeals rules defendant effectively waived right to counsel.
July 20, 2004... Byline: Jill Miller Concluding the defendant understood the dangers of self representation based on his performance during a suppression hearing and trial, the New York State Court of Appeals refused to overturn his conviction. In...

Western New York Bar Associations staffers meet to share ideas.
July 20, 2004... Byline: Jill Miller Sharing ideas and success stories along with issues and concerns were some of the things discussed during a recent meeting between staff members of three western New York bar associations. Staff members from the Bar...

Nat. Assn. for Law Placement survey shows decline in summer associate, lateral hirings.
July 20, 2004... Byline: Staff The market for entry-level associates at law firms has declined, according to a recent edition of Patterns & Practices: Measures of Law Firm Hiring, Leverage & Billable Hours, an annual publication from the National...

Rochester mortgage filings continue to rise.
July 20, 2004... Byline: Jill Miller The number of mortgages filed with the Monroe County Clerk's office continues to climb in the summer months. A total of 4,983 mortgages were filed in June, up from May when 4,007 mortgages were filed and April when...

Rochester Legal Briefs: July 20, 2004.
July 20, 2004... Byline: Staff The Appellate Division, Fourth Department criminal decisions included review of a Sex Offender Registration Act (SORA) determination and review of whether a defendant who pleaded guilty was mentally competent at the time. ...

US District Court finds collection letter did not violate Fair Debt Collections Practices Act.
July 21, 2004... Byline: Helen Nguyen Finding a collection letter sent by the Georgia-based law firm of Trauner, Cohen & Thomas, LLP (TC&T) to the plaintiff, Andrew Greco, was not unlawfully misleading or deceiving, the U.S. District Court for the Western...

Monroe County Family Court rules relative has standing to file custody petition.
July 21, 2004... Byline: Jill Miller Finding the petitioner, a blood relative of a child in foster care, had standing to file a petition for custody, a Monroe County Family Court judge denied the Department of Human and Health Services request to dismiss...

Seventh Judicial District holds annual golf tournament.
July 21, 2004... Byline: Kevin M. Momot Judges, attorneys, law clerks and legal staff gathered for the 22nd annual Seventh Judicial District Golf Gala held on Monday, July 12, at Conesus Golf Club. The best-ball scramble tournament provided an...

Continuing legal education program shatters myths of Internal Revenue Code.
July 21, 2004... Byline: Jill Miller A review of the four basic requirements of Internal Revenue Code s. 1031 and the common myths and misconceptions of the code were just a few of the topics covered during a recent continuing legal education program held...

Hodgson Russ attorneys prepare, prosecute patents for award-winning inventions.
July 21, 2004... Byline: Staff Hodgson Russ LLP attorneys prepared and prosecuted patents for three of the winning inventions honored at the 30th Annual Niagara Frontier Inventor of the Year Awards, presented by the Niagara Frontier Intellectual Property...

NY Court of Appeals finds medical board abused discretion in making dismissed charges public.
July 22, 2004... Byline: Jill Miller Disciplinary proceedings brought against physicians which are determined in a physician's favor are confidential and not available to the public. This was the finding of New York State's highest court in Anonymous...

NY appellate court finds 'emergency doctrine' did not absolve defendants from potential liability.
July 22, 2004... Byline: Kevin M. Momot Where the plaintiff brought an action to recover damages for injuries sustained in a multi-vehicle accident, the defendants argued they were confronted with an emergency situation due to inclement weather and were...

Monroe County Bar Assn. Trusts and Estates Section gathers for annual meeting.
July 22, 2004... Byline: Staff Some 70 members of the trusts and estates section of the Monroe County Bar Association gathered on June 17 at the Country Club of Rochester for their annual meeting. Christopher H. Corcoran, outgoing chair of the section,...

NY State Judicial Committee On Women unveils new website.
July 22, 2004... Byline: Staff The New York State Judicial Committee on Women in the Courts has unveiled its new website. Located at www.courts.state.ny.us/ ip/womeninthecourts/index.shtml, the website provides a wealth of information on the committee....

Rochester City Court judge recommends simplifying procedures for out-of-custody defendants.
July 23, 2004... Byline: Jill Miller A Rochester City Court judge called upon the legislature to make three statutory changes in order to ensure coherence and consistency in a local court's exercise of preliminary jurisdiction in felony matters. The judge...

US District Court dismisses postal worker's Title VII retaliation claim.
July 23, 2004... Byline: Helen Nguyen Finding insufficient evidence that the U.S. Postal Service discriminated against the plaintiff, Scott Sieber, when it fired him, the U.S. District Court for the Western District of New York granted summary judgment to...

Bar Assn. of Erie County rates Buffalo City Court judicial candidates.
July 23, 2004... Byline: Staff The Bar Association of Erie County has issued its ratings for Buffalo City Court judicial candidates for the Sept. 14 primary election. The association's ratings are: Judge Thomas P. Amodeo - outstanding; and ...

Eight states file global warming lawsuit against polluters.
July 23, 2004... Byline: Staff The states of California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin, along with the City of New York, filed suit against the five largest global warming polluters in the United States. ...

Luggage donations sought for Victim Resource Center of the Finger Lakes.
July 23, 2004... Byline: Staff Salmon Creek House Antique Co-operative is accepting donations of gently traveled luggage for women and children using the domestic shelter run by The Victim Resource Center of the Finger Lakes. Donations will be accepted...

Univ. at Buffalo Law Alumni Assn. elects officers and directors for 2004-2005.
July 23, 2004... Byline: Staff Terrance P. Flynn, a partner with the Buffalo law firm of Gibson, McAskill & Crosby, LLP, has been elected president of the University at Buffalo Law Alumni Association for 2004-2005. Flynn previously served as a...

New attorney joins fire protection/ EMS provider services practice group at Harris Beach LLP.
July 23, 2004... Byline: Staff Mark C. Butler has joined the Buffalo office of Harris Beach LLP where he will serve as leader of the fire protection/EMS provider services practice group. Butler has extensive experience representing fire departments,...

Junior Achievement of Western New York reelects Hodgson Russ attorney to board.
July 23, 2004... Byline: Staff Paul J. Vallone, a partner in Hodgson Russ LLP's corporate and securities practice group, was reelected to the board of directors of Junior Achievement of Western New York, Inc. Started in 1919 as a collection of small,...