Daily Record (Rochester, NY) articles from July 2008

Daily Record (Rochester, NY) archives from July 2008

Case Digests.
July 1, 2008... U.S. Court of Appeals for the Second Circuit Sentencing Drug Quality U.S. v. Jones 05-5879-cr Appealed from the Western District of New York Background: This appeal is from an order of Judge Larimer sentencing the defendant, Keith...

Commentary: The art of throwing people under the bus.
July 1, 2008... Byline: Langston D. McFadden Responsibility! The definition of the word is known by all of us in this profession, but it is very rare that you will hear anyone use it in the following: I take full responsibility for... It is an unfortunate...

The Daily Record News Summaries: July 1, 2008.
July 1, 2008... Byline: Daily Record Staff & Wire Reports Project Step-Up returns Monroe County District Attorney Michael C. Green and the Boys and Girls Club of Rochester recently announced the fourth annual launch of Project Step-Up, which promotes gang...

U.S. Court of Appeals for the Second Circuit Case Summaries: July 1, 2008.(Case overview)
July 1, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Sentencing Drug Quality U.S. v. Jones 05-5879-cr Appealed from the Western District of New York Background: This appeal is from an order of...

New York State Court of Appeals Case Summaries: July 1, 2008.(Case overview)
July 1, 2008... Byline: Daily Record Staff & Wire Reports New York State Court of Appeals Federal Preemption Consumer Credit Spitzer v. Applied Card Systems Inc. 3 No. 96 Appealed from the Appellate Division Background: This appeal arises out of a...

Case Digests.
July 2, 2008... U.S. Court of Appeals for the Second Circuit Public Utilities Federal Preemption Wheelabrator Lisbon Inc. v. Department of Public Utility Control 06-3632-cv Appealed from the District of Connecticut Background: The plaintiff filed...

Commentary: Using equities as hedge against inflation.
July 2, 2008... Byline: Cody B. Bartlett Jr. Inflationary forces are everywhere; from rising oil and commodity prices, the weak U.S dollar, to excessive government spending and increasing global demand for nearly all goods and resources. Inflation...

Commentary: Reverse mortgage myths debunked.
July 2, 2008... Byline: Michael Swanson As the baby boomer generation ages, more and more will be enter retirement. Those who did not plan properly will find it difficult to afford their monthly bills. This will become only more difficult as prices...

Commentary: Finally:The final billboard dispute decision.
July 2, 2008... Byline: Scott Forsyth In two previous columns I told you about a T-shirt ban at a mall outside Albany that mushroomed into a federal lawsuit. The lawsuit was not over the wearing of the T-shirt, but the posting of a billboard outside the...

The Daily Record News Briefs: July 2, 208.
July 2, 2008... Byline: Daily Record Staff NYSTAR grants for Rochester schools Officials with the New York State Foundation for Science, Technology and Innovation (NYSTAR) this week announced more than $1.4 million in faculty development awards to three...

Commentary: Will downtown projects spur economic growth?
July 2, 2008... Byline: Eric Walter If growth is coming, Jim Crary doesn't see it yet. We're already starting to see a slowdown thanks to fuel prices, said Crary, the owner of Tricom Communications on Dewey Avenue. As with many businesses, rising oil...

Local N.Y. builders in Washington for conference.(Conference news)
July 2, 2008... Byline: Danielle Derringer Representatives from the Empire State chapter of Associated Builders and Contractors Inc. (ABC) last month attended the group's annual legislative conference in Washington, D.C., pushing for the repeal of an...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: July 2, 208.(Case overview)
July 2, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Public Utilities Federal Preemption Wheelabrator Lisbon Inc. v. Department of Public Utility Control 06-3632-cv Appealed from the District of Connecticut...

U.S. District Court, Western District of N.Y. Case Summaries: July 2, 2008.(Case overview)
July 2, 2008... Byline: Daily Record Staff U.S. District Court, Western District of New York Public Corporations 11th Amendment Sulieman v. Roswell Park Cancer Institute 05-CV-0766A Judge Skretny Background: The plaintiff is a medical doctor...

New York State Court of Appeals Case Summaries: July 2, 2008.(Case overview)
July 2, 2008... Byline: Daily Record Staff New York State Court of Appeals Divorce Equitable Distribution -- Valuation?Date Mesholam v. Mesholam 2 No. 122 Appealed from the Appellate Division Background: At issue is whether the commencement...

Case Digests.
July 3, 2008... u.s. district Court, wdny Commerce Clause Indictment U.S. v. Soliman 06-CR-236A Judge Arcara Background: The defendant is a physician charged in a 64-count indictment with engaging in a scheme to defraud health care benefit programs....

Commentary: Burden on employer to establish defense under the ADEA.
July 3, 2008... Byline: Sarah Snyder Merkel In a June 19 decision that significantly impacts the vast majority of employers contemplating a reduction in force, the U.S. Supreme Court in Meacham v. Knolls Atomic Power Laboratory addressed the employer's...

Commentary: Newton's first law of constitutional economics?
July 3, 2008... Byline: Robert L. Brenna Jr. So we all know that every action has an equal and opposite reaction. How can this columnist possibly tie this fact into a discussion of economics and constitutional ramifications? In any event, who said...

The Daily Record News Briefs: July 3, 2008.
July 3, 2008... Byline: Daily Record Staff Holiday hours in effect Rochester City Hall, administrative offices and all NET offices will be closed Friday in observance of Independence Day. There also will be no refuse or recycling collection Friday....

Area presence on tax group strong in Rochester and Monroe County firms.
July 3, 2008... Byline: Eric Walter Both as a homeowner and small business person, the choice to join was simple for Daniel Buerkle. I worry that my grandkids are not going to be able to afford to live in this state, said Buerkle, the owner of The Rug...

Summer home sales rising in N.Y., nationally.
July 3, 2008... Byline: Danielle Derringer Existing-home sales increased in May due to buyers responding to lower home prices, according to the National Association of Realtors (NAR). Rochester sales also are holding steady, according to local agents. NAR...

U.S. District Court, Western District of N.Y. Case Summaries: July 3, 2008.(Case overview)
July 3, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Commerce Clause Indictment U.S. v. Soliman 06-CR-236A Judge Arcara Background: The defendant is a physician charged in a 64-count indictment with engaging in...

New York State Court of Appeals Case Summaries: July 3, 2008.(Case overview)
July 3, 2008... Byline: Daily Record Staff New York State Court of Appeals Religious Corporation Law Elections Venigalla v. Nori 2 No. 113 Appealed from the Appellate Division Background: The Hindu Temple Society of North America was incorporated...

Private nonresidential construction hits high in U.S.
July 7, 2008... Byline: Danielle Derringer Private nonresidential construction spending hit an all-time high in May, according to the July 1 construction spending report by the U.S. Department of Commerce. On a monthly, seasonally- adjusted basis,...

Commentary: Social media latest networking tool for lawyers.
July 7, 2008... Byline: Nicole Black Social media is an umbrella term that defines the various activities that integrate technology, social interaction, and the construction of words, pictures, videos and audio.... Social media or social networking (one...

Commentary: Two basic tools can educate employees.
July 7, 2008... Byline: Domonic Borrelli In 2006, Deloitte Touche Tohmatsu conducted a survey and listed the top three benchmarks 401(k) plan sponsors use to rate their plans' success. The trio includes high levels of participation, investment...

Commentary: State Brownfield Cleanup Program amendments passed.
July 7, 2008... Byline: George S. Van Nest The Brownfield Cleanup Program (BCP), enacted in 2003 to foster private development of former brownfield parcels, has been the subject of extensive discussion in the last few years regarding amendments to key...

Case Digests.
July 7, 2008... U.S. Court of Appeals for the Second Circuit Securities Fraud Teamsters Local 445 v. Dynex Capital Inc. 06-2902-cv Appealed from the Southern District of New York Background: The defendants appealed from a partial denial of a motion...

The Daily Record News Briefs: July 7, 2008.
July 7, 2008... Byline: Daily Record Staff & Wire Reports Paterson appoints Konar as MCC trustee Gov. David A. Paterson announced last week the appointment of Howard Konar as a member of the Monroe Community College Board of Trustees. Konar currently...

U.S. Court of Appeals for the Second Circuit Case Summaries: July 7, 2008.(Case overview)
July 7, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Securities Fraud Teamsters Local 445 v. Dynex Capital Inc. 06-2902-cv Appealed from the Southern District of New York Background: The...

U.S. District Court, Western District of New York Case Summaries: July 7, 2008.(Case overview)
July 7, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Social Security SSI King v. Barnhart 06-CV-0108A Judge Telesca Background: The plaintiff brought action following the denial of her claim...

U.S. Court of Appeals for the Second Circuit Case Summaries: July 8, 2008.(Case overview)
July 8, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Case Summaries Fifth Amendment Torture Victim Protection Act Arar v. Ashcroft 06-4216-cv Appealed from the Eastern District of New York Background: The...

U.S. District Court, Western District of N.Y. Case Summaries: July 8, 2008.(Case overview)
July 8, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Social Security Disability Ward v. Astrue 06-CV-374 Judge Telesca Background: The plaintiff brings this action following the denial of his claim for...

U.S. District Court, Northern District of N.Y. Case Summaries: July 8, 2008.(Case overview)
July 8, 2008... Byline: Daily Record Staff U.S. District Court, Northern District of N.Y. Job Discrimination Title VII Zhou v. State University of New York Institute of Technology 08-CV-444 Judge Hurd Background: The plaintiff alleges...

New York State Court of Appeals Case Summaries: July 8, 2008.(Case overview)
July 8, 2008... Byline: Daily Record Staff New York State Court of Appeals Breach of Contract Arbitration Clause Fiveco Inc. v. Haber 2 No. 126 Appealed from the Appellate Division Background: At issue in this appeal is whether an untimely...

Appellate Division, 4th Department Case Summaries: July 8, 2008.(Case overview)
July 8, 2008... Byline: Daily Record Staff Appellate Division, 4th Department Sex Offender Registration Act Delay in Hearing People v. Wilkes KA 07-00981 Appealed from Supreme Court, Erie County Background: SORA requires a risk classification...

Western New York On The Move July 8, 2008.
July 8, 2008... Byline: Danielle Derringer Maplewood Nursing and Rehabilitation hired Brenda Lindsay-Earle as a registered nurse evening supervisor. She is responsible for assisting with orientation and instruction of other nurses, including ongoing...

Case Digests.
July 8, 2008... U.S. Court of Appeals for the Second Circuit Fifth Amendment Torture Victim Protection?Act Arar v. Ashcroft 06-4216-cv Appealed from the Eastern District of New York Background: The plaintiff is a dual citizen of Syria and Canada who...

The Daily Record News Briefs: July 8, 2008.
July 8, 2008... Byline: Daily Record Staff Student trustee elected to MCC board Devin Lynch recently was elected as the new student member on the Monroe Community College Board of Trustees, according to a release from the college. Lynch is entering his...

U.S. Labor Department: Nonresidential construction jobs lost in June.
July 8, 2008... Byline: Danielle Derringer The nonresidential construction sector lost 5,600 jobs in June, on a seasonally-adjusted basis, according to the July 3 employment report from the U.S. Labor Department. The loss, however, was less than that...

Depression, stress and ethical issues of practice.
July 9, 2008... Byline: Eric Walter That depression is a huge, if often unacknowledged, problem in the legal field has been known for quite some time. A landmark and often cited 1990 medical survey by John Hopkins University that studied major depression...

The Daily Record News Briefs: July 9, 2008.
July 9, 2008... Byline: Daily Record Staff Midtown redevelopment meeting set The City of Rochester will conduct a public scoping meeting on the Midtown Rising Project at 6:30 p.m. July 29 in Council Chambers at CityHall, 30 Church St. Officials in...

Commentary: Federal Reserve facing a two-front battle.
July 9, 2008... Byline: Kevin B. Murray For the past year, the Federal Reserve Board has defined its role in keeping the U.S. economy and its financial markets from collapsing. In furtherance of this goal, the Fed has cut interest rates very aggressively...

Case Digests.
July 9, 2008... U.S. Court of Appeals for the Second Circuit Job Descrimination Collective Bargaining Richardson v. Commission on Human Rights & Opportunities 06-0474-cv Appealed from the District of Connecticut Background: The plaintiff is an...

U.S. Court of Appeals for the Second Circuit Case Summaries: July 9, 2008.(Case overview)
July 9, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Job Descrimination Collective Bargaining Richardson v. Commission on Human Rights & Opportunities 06-0474-cv Appealed from the District of Connecticut...

U.S. District Court, Northern District of N.Y. Case Summaries: July 9, 2008.(Case overview)
July 9, 2008... Byline: Daily Record Staff U.S. District Court, Northern District of N.Y. Preliminary Injunction Civil Rights Dzwonczyk v. Syracuse City Police Department 08-CV-00557 Judge McCurn Background: The plaintiff seeks a preliminary...

Appellate Division, 3rd Department Case Summaries: July 9, 2008.(Case overview)
July 9, 2008... Byline: Daily Record Staff Appellate Division, Third Department Negligence Liability for Animals Rigley v. Utter 504259 Appealed from Supreme Court, Schoharie County Background: The defendant's unleashed dog crossed the road...

Appellate Division, 4th Department Case Summaries: July 9, 2008.(Case overview)
July 9, 2008... Byline: Daily Record Staff Appellate Division, 4th Department Prosecutorial Misconduct Improper Statements People v. Fredrick KA 07-00388 Background: The defendant was convicted of felony drug sale. He contended on appeal...

U.S. District Court, Western District of N.Y. Case Summaries July 10, 2008.(Case overview)
July 10, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Administrative Procedure Act Indian Gaming Citizens Against Casino Gambling in Erie County v. National Indian Gaming Commission 07-CV-0451S Judge Skretny...

The Daily Record News Briefs: July 10, 2008.
July 10, 2008... Byline: Daily Record Staff 137 bills signed New York State legislative leaders and Gov. David A. Paterson this week signed more than 130 bills into law. Among them were improvements to the state's anti-identity theft law, which will be...

National Association of Realtors predicts existing home sales recovery.
July 10, 2008... Byline: Danielle Derringer Modest near-term movement is expected in existing-home sales, with a recovery in sales expected in the second half of the year, according to the latest forecast by the National Association of Realtors (NAR). The...

Restricting qualified professionals/non-residents in New York.
July 10, 2008... Byline: Eric Walter Does New York State have the right to restrict legal but non-permanent resident veterinarians, dentists and other professionals from practicing here? A recent decision handed down in the U.S. District Court for the...

U.S. Court of Appeals for the Second Circuit Case Summaries July 10, 2008.(Case overview)
July 10, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Commerce Clause Labor Law Local 377 v. 1864 Tenants Association 07-1155-cv Appealed from the Southern District of New York Background: This appeal is from a...

Case Digests.
July 11, 2008... U.S. Court of Appeals for the Second Circuit Drug Distribution Sentencing U.S. v. Wallace 05-1424-cr Appealed from the Western District of New York Background: Wallace appeals the judgment of conviction entered against him on drug...

Commentary: Contingent installment sales of real estate.
July 11, 2008... Byline: Raymond J. Jacobi Installment sales of real estate -- when a seller takes back a purchase money mortgage for all or part of the sales price -- become more important in markets such as our current one, when bid-offer spreads widen....

The Daily Record News Briefs: July 11, 2008.
July 11, 2008... Byline: Daily Record Staff & Wire Reports Alternatives to animal testing required Gov. David A. Paterson on Tuesday signed into law a bill requiring more humane, accurate and less expensive tests to assess product safety. By doing so, New...

Brown: Monroe County Bar Association should focus on strengths.
July 11, 2008... Byline: Eric Walter It's the oldest story in the world, said T. Andrew Brown: There's never enough time and always too much to do. From the very first day I began to realize time is running out, said the 49-year-old of his tenure so far as...

U.S. Court of Appeals for the Second Circuit Case Summaries: July 11, 2008.(Case overview)
July 11, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Drug Distribution Sentencing U.S. v. Wallace 05-1424-cr Appealed from the Western District of New York Background: Wallace appeals the judgment...

U.S. District Court, Western District of New York Case Summaries: July 11, 2008.(Case overview)
July 11, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York False Arrest Probable Cause Daniels v. D'Aurizio 05-CV-6058L Judge Larimer Background: The plaintiffs allege the defendants, acting in...

Appellate Division, Fourth Department Case Summaries: July 11, 2008.(Case overview)
July 11, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Fourth Department Voluntary Plea Previous Psychiatric Treatment People v. Nudd 0955 Appealed from County Court, Niagara County Background: The defendant was convicted...

Rochester Institute of Technology promoting new model for IP collaboration.
July 12, 2008... Byline: Eric Walter A 53-person committee from Rochester Institute of Technology that includes President William W. Destler and Board of Trustees Chairman Michael Morley visited the Silicon Valley last week for a series of meetings with...

Scrap prices fuel thefts in Rochester area.
July 12, 2008... Byline: Eric Walter When Rick Saltrelli first heard about the missing fencing along Charlotte's Boxart Street, he was thinking they were the result of run-of-the-mill vandals. Then he learned just how much was gone: About 250 feet of iron...

The Daily Record News Briefs: July 12, 2008.
July 12, 2008... Byline: Daily Record Staff & Wire Reports Sculpture unveiled at Corn Hill Landing Rochester Mayor Robert J. Duffy on Friday joined Economic Development Commissioner Carlos Carballada, Corn Hill Landing Developer Anthony DiMarzo and Donald...

Commentary: When private concerns become public domain.
July 12, 2008... Byline: Nicole Black Federal judge Louis L. Stanton caused an uproar among privacy advocates last week when he issued an order in Viacom v. YouTube Inc., 07 Civ. 2103, a closely watched case pending in the U.S. District Court for the...

Commentary: Form 5500 audit pain: Avoid the headache.
July 12, 2008... Byline: David Sanza The Form 5500 is the form used to report the status and activity of retirement plans to the IRS. It is used to determine whether a retirement plan is in compliance with all legal requirements. Any sponsor of an...

Commentary: AT&T and Verizon: Two summer telecom sizzlers.
July 12, 2008... Byline: Martha Buyer It's summer, which usually marks the time when things calm down in Washington, D.C. and elsewhere. Based on the importance and intensity of some high profile telecom issues, however, you'd never know it. That is,...

Case Digests.
July 12, 2008... u.s. district Court, wdny Job Discrimination Individual Liability Siddiqui v. United Financial Mortgage Corp. 06-CV-6225 Judge Telesca Background: The plaintiff brought suit under Title VII and the New York Human Rights Law...

Carrier liable when bill of lading ignored, rules Monroe County Supreme Court.
July 12, 2008... Byline: Daily Record Staff Report Musson v. R&L Carriers Inc., 2007-00926, Monroe County Supreme Court, Judge Kenneth R. Fisher Is a carrier liable for the value of a shipment when the shipment is not delivered to the correct person due to...

U.S. District Court, Western District of New York Case Summaries: July 14, 2008.(Case overview)
July 14, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Job Discrimination Individual Liability Siddiqui v. United Financial Mortgage Corp. 06-CV-6225 Judge Telesca Background: The plaintiff...

U.S. District Court, Northern District of New York Case Summaries: July 14, 2008.(Case overview)
July 14, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Northern District of New York Breach of Contract Unjust Enrichment J.C. Penney Corp. v. Carousel Center Co. 04-CV-1356 Judge Scullin Background: The plaintiff filed...

Appellate Division, Fourth Department Case Summaries: July 14, 2008.(Case overview)
July 14, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Fourth Department Child Protective Services Indicated Report Matter of Frederick G. and Alycia G. v. New York State Central Register TP 07-02699 Transferred from State...

Western New Yorkers on the Move: July 15, 2008.
July 15, 2008... Byline: Danielle Derringer Phillips Lytle LLP announced that Donna Hoelscher Suchan, an attorney with the firm, was presented with the 2008 St. Thomas More Award at the guild's annual luncheon. The award is given annually to an attorney...

Case Digests.
July 15, 2008... U.S. Court of Appeals for the Second Circuit Immigration Removal -- Aggravated Felony Nethagani v. Mukasey No. 05-3249-ag Appealed from the Board of Immigration Appeals Background: The immigration laws bar the granting of asylum or...

Commentary: We were lied to as children.
July 15, 2008... Byline: David J. Kozlowski On a recent vacation, a family member mentioned how the Great Wall of China is the only man-made structure visible from the Moon. Everyone at the table had heard this years before, as children, so it passed...

The Daily Record News Briefs: July 15, 2008.
July 15, 2008... Byline: Daily Record Staff Attorney censured Chautauqua County attorney Thomas McKelvey on Friday was censured by the Appellate Division, Fourth Department for representing the buyers and seller in a 1993 land deal without making proper...

143 attorneys suspended by Appellate Division, Fourth Department officials.
July 15, 2008... Byline: Eric Walter Officials with the Appellate Division, Fourth Department on Friday announced the suspensions of 143 attorneys due to non-payment of registration fees. According to Appellate Division Deputy Court Clerk Patricia Morgan,...

U.S. Court of Appeals for the Second Circuit Case Summaries: July 15, 2008.(Case overview)
July 15, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Immigration Removal -- Aggravated Felony Nethagani v. Mukasey No. 05-3249-ag Appealed from the Board of Immigration Appeals Background: The immigration laws...

U.S. District Court, Western District of N.Y. Case Summaries: July 15, 2008.(Case overview)
July 15, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Social Security Child's Disability Bellare v. Astrue 07-CV-6205T Judge Telesca Background: The plaintiff brings this action on behalf of her minor child...

U.S. District Court, Northern District of New York Case Summaries: July 15, 2008.(Case overview)
July 15, 2008... Byline: Daily Record Staff U.S. District Court, Northern District of New York Arbitration Interest Mastec North America v. MSE Power Systems 08-CV-168 Judge McAvoy Background: The plaintiff commenced action under the court's...

Appellate Division, Fourth Department Case Summaries: July 15, 2008.(Case overview)
July 15, 2008... Byline: Daily Record Staff Appellate Division, Fourth Department Wrongful Death Appellate Preservation Carlson v. Porter, et al. CA 07-00958 Appealed from Supreme Court, Niagara County Background: A number of issues were...

Case Digests.
July 16, 2008... U.S. Court of Appeals for the Second Circuit Negligence Proximate Cause In Re M/V DG Harmony No. 05-6116-cv Appealed from the Southern District of New York Background: This appeal is from an order finding the defendant, PPG Industries...

Commentary: Finding the best way to invest in municipal bonds.
July 16, 2008... Byline: Daniel Lippincott Many investors consider municipal bonds to be a safe and conservative way to earn a steady stream of tax-free income without having to constantly monitor the investment as if it is a stock. While this is mildly...

Commentary: Is police ignorance of the law an excuse?
July 16, 2008... Byline: Scott Forsyth On July 1, the New York State Court of Appeals affirmed the local case of People v. Estrella, NY Slip Op 05962 (facts are found in the decision of People v. Estrella, 48 A.D.3d 1283 [Fourth Dept. 2008]). The Rochester...

The Daily Record News Briefs: July 16, 2008.(Company overview)
July 16, 2008... Byline: Daily Record staff State: IBM to make investment Gov. David A. Paterson announced Tuesday significant new investments by IBM and New York State, accelerating New York's leadership in nanotechnology research and development and...