Daily Record (Rochester, NY) articles from July 2006

Daily Record (Rochester, NY) archives from July 2006

U.S. District Court, Western District of N.Y. grants attorney's fees in SS disability case.
July 3, 2006... Byline: Helen Nguyen Concluding that a request for $14,049 in attorney's fees in a disability case was slightly excessive, the U.S. District Court for the Western District of New York reduced the amount by 5 percent for an award of...

Federal judiciary seeks Congressional help for complex civil cases.
July 3, 2006... Byline: Daily Record Staff The federal judiciary wants Congress' help to improve the handling of complex civil cases in which multiple trial courts confront the same questions of fact. U.S. District Judge William Terrell Hodges (Middle...

N.Y. State Bar Assn. holds annual meeting.
July 3, 2006... * Calls for end to government intrusion into right to counsel * Urges reforms in judicial nominating conventions * Supports changes in lawyer advertising Last month, the New York State Bar Association's House of Delegates met in...

New York's public defense system in crisis.
July 5, 2006... Byline: Tara E. Buck The state average for public defense expense is only $18.54 per defendant, and the state's public defenders are underpaid and overworked, according to a scathing report on New York's current public defense system. New...

U.S. COA, 2nd Circuit of N.Y. grants Utica College summary judgment in assault case.
July 6, 2006... Byline: Helen Nguyen In a case where a student was assaulted in her dorm room at Utica College, the U.S. Court of Appeals for the Second Circuit held that the college was entitled to summary judgment against the student's claims that the...

Greater Rochester Assn. for Women Attorneys mentors enjoy summer gathering.
July 6, 2006... Byline: Nora A. Jones Kate Callery hosted a mentor/mentee gathering for the Greater Rochester Association for Women Attorneys on Wednesday, June 28. GRAWA President Sara Ashcraft was among the mentors in attendance. "This is the third...

Attorney-parent not entitled to legal fees in IDEA case.
July 7, 2006... Byline: Helen Nguyen An attorney who represented his own child in a dispute with the Pittsford Central School District cannot receive attorney's fees, ruled the U.S. Court of Appeals for the Second Circuit. In S.N. by her parents and...

'Courtroom of the Future' implemented in Buffalo.
July 7, 2006... Byline: Daily Record Staff Eighth Judicial District Administrative Judges Sharon S. Townsend and John M. Curran, have announced the implementation of the district's fully-integrated "courtroom of the future." Judge Curran's courtroom, Part...

New York State Court of Appeals lists filings for June 16-22, 2006.
July 7, 2006... 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 reach...

A conversation with new Monroe County Bar Association President Jill Schultz.(Interview)
July 10, 2006... Byline: Tara E. Buck Jill K. Schultz officially assumed the duties of president of the Monroe County Bar Association on July 3. Her term marks only the sixth time in the association's 111-year history that a woman has held its top post....

New York State Court of Appeals upholds concession agreement between Snapple and NYC.
July 10, 2006... Byline: Helen Nguyen A concession agreement between Snapple and the City of New York, in which Snapple was given the exclusive rights to sell its iced tea and other drink products in vending machines on city property, was upheld by the New...

Louis Vuitton handbags focus of infringement action in 2nd Circuit.
July 11, 2006... Byline: Helen Nguyen What would a woman do without her handbag or purse? This is what the U.S. Court of Appeals for the Second Circuit noted in a trademark infringement case involving Louis Vuitton handbags when it wrote: "We cannot help...

N.Y. Court of Appeals leaves same-sex marriage issue to the Legislature.
July 12, 2006... Byline: Tara E. Buck The New York State Bar Association called on the state Legislature last week to "take comprehensive action to eliminate the inequities faced by same-sex couples," as a result of the state Court of Appeals' 4-2 decision...

Attorney Yohannes Assefa is going places.
July 13, 2006... Byline: Tara E. Buck Yohannes Assefa, an attorney with Harris Beach PLLC, recently returned from a two-week trip to Ethiopia for a National Bar Association International Affiliate Meeting. Assefa, 34, was born in Ethiopia, and said...

Artwork donations sought for 'Gallery VLSP'.
July 13, 2006... Byline: Nora A. Jones Canvas, wood, ceramics, fabric, metal and film are just some of the materials used to create a wide variety of artwork that is being considered for display at the Volunteer Legal Services Project, Inc. offices....

Chairman of Monroe County Bar Assn's. Ethics Committee says ethics affect everyone.
July 14, 2006... Byline: Tara E. Buck The Monroe County Bar Association's Ethics Committee is comprised of practicing attorneys from every aspect of a law practice, committee Chairman Eugene Welch said recently from his office at Harris, Chesworth,...

Monroe County Court admits declarations to police robot, officers disputed.
July 14, 2006... Byline: Kevin Habberfield In the case of People of the State of New York v. William K. Fragner, Monroe County Court Judge Alex R. Renzi admitted statements made by the defendant to officers via F.R.E.D., a robot deployed by the Brockport...

New practice group could aid N.Y.'s tech economy.
July 14, 2006... Byline: Tara E. Buck Phillips Lytle LLP recently formed a new "Capital and Innovation Group" within its practice, bringing together specialists in patent law and venture capital to serve the state's burgeoning technology community and...

Rochester Legal Briefs: July 14, 2006.
July 14, 2006... Byline: Daily Record Staff In Appellate Division, Fourth Department criminal law decisions, issues involving sufficiency of the evidence at trial and suppression were reviewed. CRIMINAL LAW Suppression hearing -- 'Crawford'...

Defendant argues counsel's assistance was ineffective.
July 17, 2006... Byline: Kevin Habberfield In the case of People of the State of New York v. Scott Jacob Klein, New York State Supreme Court, Monroe County Judge Joseph D. Valentino denied the defendant's claim of ineffective assistance of counsel because...

Strong National Museum of Play unveils $37M expansion in Rochester.
July 17, 2006... Byline: Tara E. Buck The newly-expanded, and re-named, Strong National Museum of Play opened its doors to the public on Friday. The museum showcases several new interactive exhibits for children, including the state's first indoor...

Monroe County Court judge rules police search was illegal, evidence suppressed.
July 18, 2006... Byline: Kevin Habberfield In the case of The People of the State of New York v. Gary Blagrove, Acting Monroe County Court Judge John R. Schwartz ruled that a handgun, marijuana, and statements made to investigators must be suppressed...

Batavia judge censured for posing threats of jail time.
July 19, 2006... Byline: Tara E. Buck A Town of Batavia judge has been censured by the New York State Commission on Judicial Conduct after he threatened a motor vehicle defendant with jail for having left a supposedly "nasty" message on the court's...

Latest attorney discipline matters from the Appellate Division, 4th Department.
July 19, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter of Timothy G. Bax, a suspended attorney, Respondent. Grievance Committee of the...

N.Y. State Court of Appeals lists additional June filings.
July 19, 2006... 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 reach...

Rochester Legal Briefs: July 19, 2006.
July 19, 2006... Byline: Daily Record Staff In Appellate Division, Fourth Department criminal law decisions, the court reviewed a case involving James Kopp, who was convicted of murdering Dr. Bernard Slepian. CRIMINAL LAW Conflict of interest --...

NY State Court of Appeals rules father-figure required to pay child support.
July 20, 2006... Byline: Helen Nguyen Despite the fact that a man was falsely told by a woman that he was the biological father of her child, the man must continue to pay child support, ruled a 5-2 New York State Court of Appeals. In the Matter of Shondel...

New commission to study New York's 'archaic' trial court system.
July 20, 2006... Byline: Tara E. Buck A new, special commission has been appointed by New York State Chief Judge Judith S. Kaye to study and perhaps ultimately redesign the state's "archaic" trial court structure, a release from Judge Kaye's office states....

Electronic filing of tort, commercial and tax certiorari cases available in Niagara County.
July 20, 2006... Byline: Daily Record Staff Effective July 11, all Niagara County Supreme Court tort, commercial and tax certiorari cases may be filed electronically through the Unified Court System's electronic filing (e-filing) program. Although e-filing...

U.S. Court of Appeals rules that a wood-finishing product did not contain the proper warning label.
July 21, 2006... Byline: Helen Nguyen U.S. Court of Appeals rules that a wood-finishing product did not contain the proper warning labelIn a case where the plaintiff claimed she became ill from the fumes of a wood-finishing product sold by Home Depot, the...

Fourth Department Presiding Justice Eugene F. Piggott, Jr. appoints three chairs.
July 21, 2006... Byline: Rochester Daily Record Staff Appellate Division, Fourth Department Presiding Justice Eugene F. Pigott, Jr. has appointed a new chair for each of the three Attorney Grievance Committees within the Fourth Department -- comprising the...

RBBA creates scholarship in honor Clyde E. Bailey.
July 21, 2006... Byline: Rochester Daily Record Staff The Clyde E. Bailey Sr. Legal Scholarship was created by the Executive Board of the Rochester Black Bar Association (RBBA) in honor and memory of the former distinguished National Bar Association...

Fourth Department of the Appellate Division criminal law addresses prosecutorial misconduct issues.
July 21, 2006... Byline: Rochester Daily Record Staff Appellate Division, Fourth Department criminal law decisions addressed issues including prosecutorial misconduct, and who was properly included in an order of protection. CRIMINAL LAW Reputation...

New York State Court of Appeals lists containing key issues are prepared and filed each week.
July 21, 2006... Byline: Rochester 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...

Buffalo program highlights legal history in Western New York.
July 24, 2006... Byline: Tara E. Buck The legal history of Western New York is just as rich and exciting as that of the rest of the state, according to Michael B. Powers, a litigator with Phillips Lytle LLP in Buffalo. Powers has been working as a trustee...

American Bar Association ethics opinion: Public defenders to refuse cases if workload is excessive.
July 24, 2006... Byline: Daily Record Staff Public defenders, lawyers who represent indigent criminal defendants, have an ethical duty to refuse new cases if they believe their workloads are so excessive they cannot competently represent their clients,...

NY Court of Appeals nominees announced.
July 25, 2006... Byline: Daily Record Staff The Commission on Judicial Nomination has recommended to Gov. George Pataki seven associate judge candidates for appointment to the New York State Court of Appeals. The commission recommended (in alphabetical...

Greater Rochester Association of Realtors: Single-family home sales jump in June.
July 25, 2006... Byline: Kevin M. Momot Year-to-date existing single-family home sales are up by 0.7 percent compared to 2005, and by 27.9 percent compared to last month. According to the Greater Rochester Association of Realtors, the average sale price of...

U.S. District Court, Western District of N.Y. rules moratorium for wind farm valid.
July 26, 2006... Byline: Helen Nguyen With the sudden rise in energy costs, there has been a sense of urgency to find alternative energy sources such as wind power. While some towns have welcomed and embraced the use of wind power, others have not. Instead...

ABA releases report on lawyers' technology usage.
July 26, 2006... Byline: Daily Record Staff In the year since hurricanes Katrina and Rita destroyed New Orleans and much of the Gulf Coast, lawyers throughout the country have become keenly aware of the need for a proactive disaster recovery plan. The...

Rochester Legal Briefs: July 26, 2006.
July 26, 2006... Byline: Daily Record Staff In reviewing criminal law appeals, the Appellate Division, Fourth Department reversed a Monroe County conviction based on the judge's improper evidentiary rulings. A Livingston County drug conviction was...

Interview with Ontario County Court Judge William F. Kocher.
July 27, 2006... Byline: Tara E. Buck Ontario County Court Judge William F. Kocher has seen the once rural county change in the last 15 years to more of a suburban landscape. Right along with that change, he said, caseloads for the village, town and county...

Court date confusion leads to judgment for plaintiff in Webster Town Court.
July 27, 2006... Byline: Kevin Habberfield In the case of Coons v. BFS Retail and Commercial Operations, LLC (a.k.a. Firestone Tire and Service Center), Webster Town Court Judge Thomas J. DiSalvo denied vacating the default judgment entered against BFS...

Rochester Legal Briefs: July 27, 2006.
July 27, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department family law decisions addressed issues including the language in a Qualified Domestic Relations Order and in a separation agreement, and right to counsel in a family court...

Arrest of unruly bar patron was lawful, rules Buffalo City Court judge.
July 31, 2006... Byline: Kevin Habberfield In the case of The People of the State of New York v. Robert Luckey, Buffalo City Court Judge James A.W. McLeod denied the defendant's motion to suppress evidence obtained from him because the officer had...

NALP survey: Market up for new law grads.
July 31, 2006... Byline: Daily Record Staff Writer The vast majority of class of 2005 law school graduates have found employment -- 89.6 percent of those for whom employment status was known, according to a recent NALP survey. In the last eight years the...

Rochester Legal Briefs: July 31, 2006.
July 31, 2006... Byline: Daily Record Staff Writer The Appellate Division, Fourth Department decisions addressed the rights of a biological father in an Erie County adoption proceeding. In an article 78 proceeding brought by a police officer, the Appellate...

NY State Court of Appeals lists filings for June 23 through June 29, 2006.
July 31, 2006... 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 reach...