Daily Record (Rochester, NY) articles from July 2005

Daily Record (Rochester, NY) archives from July 2005

Eighth Judicial District's 'up & coming' attorneys honored at recent reception.
July 1, 2005... Byline: Nora A. Jones For Alisa Lukasiewicz of Hurwitz & Fine, June 28 was a truly exceptional day: she went from a firm party recognizing her promotion to partner directly to a reception sponsored by The Daily Record, recognizing her...

NY State Supreme Court decision focuses on impact of moldy straw.
July 1, 2005... Byline: Jill Miller Concluding the defendants failed to prove they were not negligent or the straw they sold to the plaintiffs did not contain mold at the time of the purchase, a New York State Supreme Court, Onondaga County, judge denied...

U.S. Supreme Court ruling in 'Grokster' is both good and bad news, says UB copyright expert.
July 1, 2005... Byline: Daily Record Staff The U.S. Supreme Court's decision in MGM v. Grokster offers both good news and bad news for copyright law and followers of new technologies, like peer-to-peer (P2P), according to Shubha Ghosh, professor of law at...

U.S. District Court for W. District of NY dismisses action for failure to prosecute.
July 5, 2005... Byline: Helen Nguyen The case of Patricia Fairman v. William C. Hurley is just one of several actions filed by the parties in the past 17 years. The parties have been battling it out in various state and federal courtrooms, including the...

Monroe County Court judge rules evidence was sufficient to support indictment.
July 5, 2005... Byline: Jill Miller The evidence presented to the grand jury was legally sufficient and the grand jury proceedings were not defective. This was the finding of acting Monroe County Court Judge John Schwartz in People v. Theresa Larkins....

Rochester Area Community Foundation grants support legal aid society's domestic violence program.
July 5, 2005... Byline: Staff Earlier this year The Legal Aid Society of Rochester (LAS) received two grants from the Rochester Area Community Foundation (RACF) to support its Domestic Violence Program. The Domestic Violence Program has provided legal...

Five states file federal lawsuit against owners of three power plants in Pennsylvania.
July 5, 2005... Byline: Staff Pennsylvania, New York, Connecticut, Maryland and New Jersey recently filed a federal lawsuit, charging that the corporate owners of three large coal-fired power plants in Pennsylvania have violated the Clean Air Act. Some of...

U.S. Supreme Court Justice O'Connor retires.
July 6, 2005... Byline: Kevin M. Momot On Friday, July 1, U.S. Supreme Court Justice Sandra Day O'Connor announced her retirement from the bench, amid speculation that the court could soon have a vacancy. However, many thought such an announcement would...

Schroder, Joseph & Associates celebrates new partner.
July 6, 2005... Byline: Nora A. Jones Last June, the firm of Schroder, Joseph & Associates held an open house to celebrate its move to a historic building at 766 Ellicott St. and this June a similar celebration marked the promotion of M. Rogan Morton to...

NY State Court of Appeals deems hearsay statements of defendant's co-conspirators admissible.
July 6, 2005... Byline: Jill Miller The admissibility of hearsay statements of the defendant's co-conspirators was at the center of an appeal before New York State's highest court. In People v. Carlos Caban, the defendant challenged the admissibility...

Appellate Division, Fourth Department releases latest attorney matters.
July 6, 2005... Byline: Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter Of Samuel B. Dattilo, An Attorney, Resignor - Resignation accepted, name stricken from roll of...

NY State Surrogate's Court, Madison County finds attorney acted inappropriately as executor.
July 7, 2005... Byline: Helen Nguyen Finding an attorney, who acted as co-executor and financial advisor to the decedent's estate, engaged in various conduct that was inappropriate and which resulted in a substantial loss to the estate, New York State...

Plaintiffs' negligence in auto accident at issue in Appellate Division, Fourth Dept. hearing.
July 7, 2005... Byline: Kevin M. Momot In a personal injury action arising out of a motor vehicle accident, there were triable issues of fact as to whether the plaintiffs' alleged tailgating was a proximate cause of the accident. Reviewing the Nov....

Rochester Legal Briefs: July 7, 2005.
July 7, 2005... Byline: Rochester Daily Record Staff In decisions released July 1, the Appellate Division, Fourth Department addressed criminal law matters, including the violation of a sentencing agreement and two appeals where post release supervision...

Plaintiff's negligence, products liability and breach of warranty claims reinstated.
July 8, 2005... Byline: Kevin M. Momot Where the plaintiff, following a snowmobile accident, commenced an action alleging (1) negligence of the snowmobile manufacturer and wholesaler; (2) negligence of the retailer; and (3) strict products...

Persistent felony status upheld by NY State Court of Appeals.
July 8, 2005... Byline: Jill Miller Penal Law s. 70.10 and Criminal Procedure Law s. 400.20(5) are constitutional and hence, the sentencing court's determination that the defendant was a persistent felony offender and deserved a recidivism sentence was...

LexisNexis changes passwords for all law school customers.
July 8, 2005... Byline: Rochester Daily Record Staff LexisNexis has made some changes in their passwords for law school customers, mainly because of the recent identity thefts that have caused problems for the company and its associated companies. A...

Nixon Peabody attorney admitted to U.S. Supreme Court bar.
July 8, 2005... Byline: Rochester Daily Record Staff In a motion submitted on June 13, Noreen L. Connolly, senior associate with the Rochester office of Nixon Peabody LLP, was admitted to the U.S. Supreme Court bar. Chief Justice William Rehnquist...

Rochester Legal Briefs: July 7, 2005.
July 8, 2005... Byline: Rochester Daily Record Staff In civil decisions by the Appellate Division, Fourth Department, the appeals court addressed issues of summary judgment, punitive damages and a motion to reargue. The Appellate Division also addressed a...

Lifetime of dance lessons keeps immigration attorney on her toes.
July 8, 2005... Byline: Nora A. Jones Ever since Jill Apa started taking dance lessons at age 4, dancing has enhanced her self confidence, broadened her circle of friends, and educated her about taking care of her body. "When my mother signed me up...

N.Y. State Supreme Court grants defendant's challenge of qualified domestic relations order.
July 11, 2005... Byline: Jill Miller The defendant's order to show cause, challenging three provisions of a qualified domestic relations order was granted by a New York State Supreme Court judge. In JC v. MC, the defendant challenged three provisions...

University of Buffalo Law Professor comments on Justice O'Conner's legacy.
July 11, 2005... Byline: Daily Record Staff University at Buffalo School of Law Professor Lee A. Albert, a former U.S. Supreme Court clerk, commented on the recent announcement of Justice Sandra Day O'Connor's retirement. "[Justice] O'Connor brought a...

N.Y. Legal Briefs: July 11, 2005.
July 11, 2005... Byline: The Daily Record Staff In family law decisions, the Appellate Division, Fourth Department addressed issues involving grandparent visitation as well as whether attorney fees should be awarded in a custody proceeding. FAMILY LAW...

Appellate Division, Fourth Dept. dismisses Labor Law claims in part.
July 12, 2005... Byline: Kevin M. Momot Where the plaintiff commenced a Labor Law action seeking damages for injuries sustained in a work-related accident, there was a triable issue of fact concerning the Labor Law s. 240(1) claim. However, the...

Jaeckle Fleischmann & Mugel LLP welcomes new Rochester-based partner Sharon Stiller.
July 12, 2005... Byline: Nora A. Jones Describing her colleagues at the law firm of Jaeckle Fleischmann & Mugel, LLP, Sharon P. Stiller noted, "The attorneys here have so much passion for the profession." It is 30 years since Stiller graduated from...

Hodgson Russ adds Manhattan-based law firm.
July 12, 2005... Byline: Staff Twenty-one attorneys from Bondy & Schloss LLP, a Manhattan-based law firm, have joined Hodgson Russ LLP. The newly incorporated firm will continue to work out of its New York City office. Bondy & Schloss attorneys who...

Rochester criminal defense attorney to pedal 560 miles again for Empire State AIDS Ride.
July 12, 2005... Byline: Nora A. Jones One month from now, Peter J. Pullano will be gearing up for the 560-mile Empire State AIDS Ride. He knows he can do it, as he made the ride last year as part of a Rochester threesome representing AIDS Rochester, Inc....

U.S. Bankruptcy Court: Sales in ordinary course of business did not establish nondischargeable debt.
July 13, 2005... Byline: Nora A. Jones Asserting claims under 11 USC s. 523 for nondischargeability of debts and 11 USC s. 727 for denial of the debtors' discharge, the plaintiff in IBA, Inc. v. Gerald F. Hoyt did not prevail over the debtors' motion to...

DHS's efforts to reunite parent, child explored by Monroe County Family Court.
July 13, 2005... Byline: Jill Miller Reasonable efforts to assist a respondent may not be terminated based on the Family Court Act Section 1039-b(b)(6) unless the petitioning agency proves by clear and convincing evidence that the parental rights of the...

N.Y. State Judicial Campaign Ethics Center Information Now Available Online.
July 13, 2005... Byline: Daily Record Staff A new web page devoted to the Judicial Campaign Ethics Center (JCEC) can be accessed through the New York State Unified Court System website. Located at www.courts.state.ny. us/ip/jcec, the web page provides...

N.Y. State Bar Assn. recognized for access o legal services for the poor.
July 13, 2005... Byline: Daily Record Staff The New York State Bar Association will receive the American Bar Association's 2005 Harrison Tweed Award in recognition of its programs to increase access to legal services for the poor, including adults and...

Bar Assn. of Erie County issues rating for Erie County Court judicial candidate.
July 13, 2005... Byline: Daily Record Staff The Bar Association of Erie County has completed and issued a rating for Erie County Court judicial candidate Judge Sheila A. DiTullio for the Sept. 13 primary election. Ratings include "outstanding," "well...

Federal case barred by 'res judicata' doctrine, U.S. District Court rules.
July 14, 2005... Byline: Helen Nguyen Concluding a state court judgment barred the plaintiffs' federal discrimination claims against Kodak, the U.S. District Court for the Western District of New York dismissed the federal action. Specifically, U.S....

Monroe County Family Court judge finds non-relatives were not entitled to visitation.
July 14, 2005... Byline: Jill Miller A legal guardian's motion to vacate a settlement order which granted non-relatives visitation, by consent, with her nephew was granted by a Monroe County Family Court judge. In A.M. v. L.C., D.C., P.K., the...

Revisions to model code of judicial conduct now online.
July 14, 2005... Byline: Rochester Daily Record Staff A complete preliminary draft of revisions to the American Bar Association Model Code of Judicial Conduct was posted on the ABA website with an invitation for comment. "The code addresses issues of...

U.S. Trustee's office seeks credit counselors for bankruptcy filers.
July 14, 2005... Byline: Rochester Daily Record Staff The U.S. Trustee Program is now accepting applications for approval as a budget and credit counseling agency or provider of a financial management instructional course for bankruptcy filers, under the...

NY State Supreme Court judge denies motion to disqualify attorney and his law firm.
July 15, 2005... Byline: Jill Miller A New York State Supreme Court, Onondaga County judge was asked to decide whether an attorney and his law firm should be disqualified from representing the plaintiff in a breach of construction contract case. In Tom...

Western New York judges gather for seminar.
July 15, 2005... Byline: Nora A. Jones New York State Supreme Court Judge Raymond Cornelius was the moderator for one of the more than two dozen programs offered on July 11 and 12 at the Summer Judicial Seminar held in Rochester. He also spoke at another...

NY governor signs legislation to permit interstate wine shipments.
July 15, 2005... Byline: Staff Gov. George E. Pataki signed legislation into law that provides a boost to New York's wine industry by permitting the direct interstate shipment of wine in New York State. The new law opens up New York's wineries to the...

Ceremony today at Monroe County Family Court Children's Center.
July 15, 2005... Byline: Staff Seventh Judicial District Administrative Judge Thomas M. VanStrydonck, Seventh Judicial District Supervising Judge of Family Courts Raymond E. Cornelius and Dr. Eric Caine, chair of the Department of Psychiatry of the...

New York State Court of Appeals lists filings for June 3-16, 2005.
July 15, 2005... 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...

Book by UB Law School professor describes how state constitutions protect individual rights.
July 15, 2005... Byline: Staff Constitutional battles over civil liberties could intensify at the state level - continuing a more than two-decade-long trend - if the U.S. Supreme Court becomes more conservative under President George Bush with the...

EEOC files lawsuit against Rochester's Highland Hospital for alleged 'English-only' policy.
July 18, 2005... Byline: Helen Nguyen A rule by Highland Hospital which allegedly forbids housekeepers employed by the hospital to speak Spanish is at the center of a federal lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on July...

N.Y. State Supreme Court rules defendant negligent in head-on collision.
July 18, 2005... Byline: Kevin M. Momot Where the plaintiff brought an action for injuries sustained in an automobile accident when the defendant slid on an icy roadway resulting in a head-on collision, the plaintiff made out a prima facie case of...

American Bar Assn. looks to strengthen right to counsel in criminal cases.
July 18, 2005... Byline: Daily Record Staff The American Bar Association is urging Congress to strengthen the right to counsel in criminal cases, not make it harder for defendants to assert their rights and claim innocence. The ABA recently asked Congress...

When refinancing a home, be sure to protect your interests.
July 18, 2005... Byline: Daily Record Staff If you have refinanced in the past few years, it is possible that your mortgage officer told you that you could close the deal without legal representation. Some believe that a refinance is a simple transaction...

N.Y. Legal Briefs: July 18, 2005.
July 18, 2005... Byline: Kevin M. Momot Commerce Clause - Medical Marijuana Congress has the power to prohibit intrastate cultivation and possession of marijuana for medical purposes. Gonzales v. Raich (Stevens, J.) (Scalia, J., concurring in the...

N.Y. State Court of Appeals lists filings for June3-23, 2005.
July 18, 2005... 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...

U.S. District Court for W. District of NY denies summary judgment in employment retaliation claim.
July 19, 2005... Byline: Helen Nguyen In a case where the plaintiff claimed that her employer unlawfully fired her after it allegedly found out she was suing a previous employer for sexual harassment, the U.S. District Court for the Western District of New...

University of Rochester partners with Monroe County Family Court to run Children's Center.
July 19, 2005... Byline: Nora A. Jones When the Children's Center at the Monroe County Family Court first opened in 1995, it represented a great idea: providing a safe and comfortable environment for children while parents were in court for such matters as...

Monroe County Bar Assn. evaluates judicial candidates for Supreme, Rochester City Courts.
July 19, 2005... Byline: Staff The Monroe County Bar Association recently released its evaluation results of six candidates seeking judgeships for New York State Supreme Court or for Rochester City Court. The MCBA has a three-tier rating system...

Personal bankruptcy filings in Rochester increasing.
July 19, 2005... Byline: Staff The total number of personal bankruptcies filed in the Administrative Office of the U.S. Courts, Rochester Area of the Western District of New York, increased by 18 percent through the second quarter of 2005. In fact, almost...

Rochester-area home sales jump 22.2 percent in June.
July 19, 2005... Byline: Kevin M. Momot Sales of existing single family homes jumped 22.2 percent in June as compared to May. According to the Greater Rochester Association for Realtors, 1,342 homes were sold last month compared to 1,098 in May. On a...

New York State Court of Appeals lists filings for June 17-23, 2005.
July 19, 2005... 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...

Discrimination, retaliation claims dismissed by federal court.
July 20, 2005... Byline: Helen Nguyen Concluding the plaintiff's allegations that the defendant failed to hire him because of his race, age and gender were not supported by the evidence, the U.S. District Court for the Western District of New York granted...

Exposure to toxic mold basis of plaintiffs' action.
July 20, 2005... Byline: Kevin M. Momot Where the plaintiffs commenced an action seeking damages for injuries allegedly sustained from exposure to toxic molds growing in the basement of their office building, the defendants' motion to dismiss the...

NY Atty General's study shows felony convictions, prison sentences up dramatically.
July 20, 2005... Byline: Daily Record Staff District Attorney Michael Green released the results of a study showing positive results since the implementation of two initiatives - the near-elimination of preliminary hearings and restrictions on plea...

NY State Court of Appeals lists filings for June 24-30, 2005.
July 20, 2005... 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...

NY State Legislature establishes $12 million fund for victims of Attica prison riot.
July 21, 2005... Byline: Helen Nguyen After more than 33 years since the Attica prison riot, the New York State Legislature has established a victims' fund totaling approximately $12 million. In an order dated July 13, the U.S. District Court for the...

Request for defendant's DNA granted in Monroe County Court rape case.
July 21, 2005... Byline: Jill Miller Concluding the potential importance of the evidence outweighed the defendant's right to be free of bodily intrusion, a Monroe County Court judge granted the prosecution's motion for an order directing the defendant to...

U.S. Tax Court will disclose special trial judge reports.
July 21, 2005... Byline: Rochester Daily Record Staff The United States Tax Court will end its 20-year-old practice of not disclosing special trial judge's (STJ) reports to litigants. "This case came down to two simple principles - fairness and...

Rochester Legal Briefs: July 21, 2005.
July 21, 2005... Byline: Kevin M. Momot COPYRIGHT Infringement - File-To-File Sharing Peer-to-peer file sharing companies may be liable for the distribution of copyrighted material by their consumers. Metro-Goldwyn-Mayer Studios, Inc., et al....

Medical malpractice suit survives summary judgment.
July 22, 2005... Byline: Helen Nguyen In a medical malpractice suit where the defendant asserted it was not vicariously liable for the doctor's actions because the doctor was an "independent contractor," the U.S. District Court for the Western District of...

Discovery demands explored in Medicaid case.
July 22, 2005... Byline: Jill Miller Concluding Social Services Law s. 369(4) does not bar the court from directing the county to comply with a hospital's discovery demands, a New York State Supreme Court, Ontario County judge granted the hospital's...

Rochester atty. has met new U.S. Supreme Court nominee in the courtroom.
July 22, 2005... Byline: Nora A. Jones When Paul J. Yesawich, III met John Glover Roberts, Jr. in the U.S. Court of Appeals for the Second Circuit in 2000, he was very impressed with his courtroom style. "Roberts is one of the most accomplished...

ABA urges Congress to reject Streamlined Procedures Act.
July 22, 2005... Byline: Rochester Daily Record Staff The American Bar Association urged Congress to strengthen the right to counsel in criminal cases, not make it harder for defendants to assert their rights and claim innocence. The ABA asked Congress...

Defendant's rights under Confrontation Clause not violated rules Niagara County Court.
July 25, 2005... Byline: Helen Nguyen Concluding the defendant's rights under the Confrontation Clause of the U.S. Constitution were not violated, the State of New York, Niagara County Court denied the defendant's s. 440.10 motion. In People of the...

N.Y. State Supreme Court grants plaintiff's motion for summary judgment on issue of liability.
July 25, 2005... Byline: Jill Miller The defendant failed to raise a triable issue of fact with regard to liability under Labor Law s. 240 and as a result, the defendant's cross-motion for summary judgment dismissing this cause of action was denied. ...

Rochester-based company lends helping hand to Rochester women's legal organization.
July 25, 2005... Byline: Nora A. Jones Joseph Oster and Structured Technologies, Inc. have been welcomed into a number of law firms in Rochester over the years, demonstrating their expertise in information technology and data management. Now the...

NY State Supreme Court orders Frye hearing in wrongful death action involving asbestos exposure.
July 26, 2005... Byline: Nora A. Jones The role of judge as gatekeeper to determine whether or not the basis of expert opinion has gained sufficient general acceptance to be considered reliable was reviewed in the Wayne County wrongful death action titled...

Watertown City Court judge finds plaintiff not entitled to damages from car dealership.
July 26, 2005... Byline: Jill Miller Even though the defendant failed to tell the plaintiff that the information concerning why her "service engine soon" light was activated by the engine's computer could have been answered by a diagnostic scan, the...

Chapter 7 practice is topic of Monroe County Bar's latest CLE on bankruptcy amendments.
July 26, 2005... Byline: Nora A. Jones The 2005 amendments to the Bankruptcy Code are being reviewed in a five-part series of continuing legal education programs offered by the Monroe County Bar Center for Education. On July 22, approximately 100 people...

Monroe County Clerk's office partners with Harris Beach to offer workplace passport program.
July 26, 2005... Byline: Staff The Monroe County Clerk's Office recently partnered with Harris Beach, PLLC and Citibank to expand its new Workplace Passport Program by offering employees and their families a convenient way to obtain a U.S. passport. ...

Annuity payments of trust determined to be income not principal, NY State Supreme Ct. affirms order.
July 27, 2005... Byline: Helen Nguyen Concluding the annuity payments of a trust were correctly classified as income rather than principal by the bank/trustee, the New York State Supreme Court, Appellate Division, Fourth Department affirmed the order by...

N.Y. State Court of Appeals reverses decision to unseal petitioners' files.
July 27, 2005... Byline: Jill Miller Concluding CPL 160.50(1)(d)(ii) does not authorize a court to make sealed records available to a prosecutor in order to make sentencing recommendations, the New York State Court of Appeals reversed the order of the...

National Federation of Paralegal Associations, Inc. meets in Rochester.
July 27, 2005... Byline: Jill Miller Paralegals from throughout the country gathered in Rochester last week to discuss their profession during the National Federation of Paralegal Associations, Inc. (NFPA)'s board meeting. Held, July 22 to 24 at the...

Generosity of Rochester-area Cornell lawyers helps Cornell Law School exceed scholarship goal.
July 27, 2005... Byline: Daily Record Staff The Cornell Law School Rochester Regional Annual Fund Committee recently exceeded its annual fund goal, thanks in part to the generosity of Cornell lawyers in the Rochester area. According to Duncan W....

N.Y. State Court of Appeals lists filings for June 24-30, 2005.
July 27, 2005... 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...

U.S. District Court for the Western District of NY says plaintiff entitled to disability benefits.
July 28, 2005... Byline: Helen Nguyen Concluding the administrative law judge (ALJ) made several errors when evaluating the plaintiff's claim for disability benefits, the U.S. District Court for the Western District of New York ruled the plaintiff was...

Onondaga Family Court judge says substance abuse treatment relevant to neglect case.
July 28, 2005... Byline: Jill Miller Concluding the respondent's substance abuse records were relevant and necessary as evidence in a permanent neglect proceeding, an Onondaga Family Court judge granted a motion for disclosure of the records in question....

Lawyers for Learning Golf Tournament includes some 'firsts'.
July 28, 2005... Byline: Nora A. Jones Brad Kammholz is no stranger to the annual Lawyers for Learning Golf Tournament. In fact, some people refer to him as Mr. Lawyers for Learning - as he has been involved with the mentoring partnership with Rochester...

Stewart Title to buy Monroe Title.
July 28, 2005... Byline: Rochester Daily Record Staff Monroe Title Insurance Corp. and Stewart Title Insurance Co., an Information Services Corp. (NYSE-STC), have reached an agreement where Stewart Title Insurance Co. will acquire all of the common stock of...

NY State Supreme Court rules liability in underage drinking incident is question of fact for jury.
July 29, 2005... Byline: Nora A. Jones In Daniel Lipson v. Nicholas Mitchell, Daniel Noble, et al., where plaintiff was injured while present on private property, the court reviewed plaintiff's motion for partial summary judgment against the defendant who...

Monroe County Family Court reviews objections to willful violation confirmation cases.
July 29, 2005... Byline: Jill Miller A Monroe County Family Court judge was called upon to clear up the confusion surrounding whether the routine objection process applies to willful violation confirmation cases where incarceration was recommended. In...