Daily Record (Rochester, NY) articles from June 2003

Daily Record (Rochester, NY) archives from June 2003

Pre-bankruptcy judgment not dischargeable.
June 2, 2003... Byline: Nora Jones Seeking amendment of a March 6, 2003 ruling of nondischargeability, have the debtors established a basis for considering the pre-bankruptcy judgment by Greece Pediatric as already discharged? This was the issue...

Anti-abortion protestors' convictions stand.
June 2, 2003... Byline: Jill Miller Was the temporary restraining order issued against the appellants already expired when they participated at three anti-abortion protests? This was the central question before the U.S. Court of Appeals for the Second...

Giving back is focus of Women's Bar Assn. for the State of NY's convention.
June 2, 2003... Byline: Daily Record Staff When the Women's Bar Association for the State of New York met in Syracuse for their annual convention on May 2 to 4, 2003, many speakers covered a wide variety of topics in seminars and related programs. As...

NY State Bar Assn. forms committee to explore legal issues affecting same sex couples.
June 2, 2003... Byline: Daily Record Staff The New York State Bar Association (NYSBA) has formed the Special Committee on Legal Issues Affecting Same Sex Couples, following a recommendation by the House of Delegates. According to NYSBA President...

Thomson West enjoying new Rochester location.
June 2, 2003... Byline: Nora Jones Tina Sackett has moved among her company's Rochester locations more than 10 times in the 22 years since she started her career at Thomson West (formerly known as Lawyers Cooperative Publishing Co.). With the most recent...

Civil rights violation claims of malicious prosecution, false arrest rejected by court.
June 3, 2003... Byline: Deborah Fauver Does stopping to talk with a man who appears to be selling drugs give probable cause for a first-degree loitering arrest? It does, if the suspected dealer has just been observed making what appeared to be drug...

Second circuit reviews Social Security benefits for children.
June 3, 2003... Byline: Jill Miller Did the Commissioner of Social Security err in her interpretation of the Social Security Disability Benefits Reform Act when determining whether a child qualifies for Supplemental Security Income Disability benefits?...

Bar presidents issue report on pay for federal judiciary.
June 3, 2003... Byline: Daily Record Staff American Bar Association President Alfred P. Carlton Jr., and Federal Bar Association President Kent S. Hofmeister presented a new report on the dire threat to the independence of the federal judiciary posed by...

NY sales tax increase effective this month.
June 3, 2003... Byline: Daily Record Staff Yes. It's true. New York State sales tax has gone up effective this month. In counties where the sales tax was previously 8 percent (e.g., Monroe, Erie, Niagara) you are now being charged 8.25 percent....

Four companies expelled from the Better Business Bureau.
June 3, 2003... Byline: Daily Record Staff The Board of Directors of the Better Business Bureau, Inc. voted to revoke the membership of The Entertainment Connection of Kenmore, Erie Fence of Buffalo, M & W Windows & Doors of Scotia and Nickel City Home...

February 2003 Bar Exam results released for NY.
June 4, 2003... Byline: Daily Record Staff The State Board of Law Examiners completed grading the exams taken on February 25 and 26, 2003. Of the 3,293 applicants for admission that took the exam, 1,531 passed. Of the 1,286 applicants that took the exam...

Yates County shows off new courthouse.
June 4, 2003... Byline: Nora Jones Yates County Judge W. Patrick Falvey, Commissioner of Jurors Marian N. Mann and Security Supervisor Randy L. Schwingle were among the many tour guides on hand on Friday, May 30 and Saturday, May 31, 2003 to give tours...

Qualified immunity among issues on appeal.
June 4, 2003... Byline: Jill Miller Did prison officials violate the plaintiff's procedural due process rights during the course of a disciplinary proceeding? Are the defendants entitled to qualified immunity? These were the main issues before the...

Study finds merger and acquisition activity to increase.
June 4, 2003... Byline: Daily Record Staff A recent survey of owners and senior managers of privately held companies indicates that, despite the economic downturn, companies continue to plan for merger and acquisition activity, however their motivations...

Loan repayment assistance to encourage public service careers.
June 4, 2003... Byline: Daily Record Staff The need for public service lawyers is greater now than ever, but skyrocketing law school tuition costs -- and the $80,000-plus in loans that can be required to meet them -- mean that many of today's law school...

Loan repayment assistance to encourage public service careers.
June 4, 2003... Byline: N.Y. Daily Record Staff The need for public service lawyers is greater now than ever, but skyrocketing law school tuition costs and the $80,000-plus in loans that can be required to meet them mean that many of today's law school...

Motion for class certification granted.
June 5, 2003... Byline: Helen Nguyen Should the court grant the plaintiff's motion for class certification? In William Robinson v. Eastman Kodak Co., the plaintiff commenced an action in the U.S. District Court for the Western District of New York,...

Paralegal Assn. of Rochester names Paralegal of the Year.
June 5, 2003... Byline: Jill Miller Her passion, drive and dedication to the paralegal profession are just a few of the qualities that make Wendy Brewer one of the most respected paralegals in the Rochester community. Brewer's efforts to advance her...

Jury verdict not against weight of evidence.
June 5, 2003... Byline: Jill Miller In a personal injury case, should the jury's verdict in favor of the defendant be set aside pursuant to CPLR [section] 4404(a) on the ground that the verdict was contrary to the weight of the evidence? In Kevin M....

NY State Court of Appeals lists filings for May 9-15, 2003.
June 5, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

'Notice of retainer' rule repealed by 4th Dept.
June 6, 2003... Byline: Nora Jones In 1929, in response to serious concerns that attorneys were charging exorbitant contingency fees in personal injury and wrongful death actions, the state legislature contemplated restrictions on certain aspects of the...

Novelty teeth dispute evokes court review of copyright.
June 6, 2003... Byline: Nora Jones In Billy-Bob Teeth v. Novelty, a dispute over oversized, crooked and otherwise deformed phony costume teeth, the U.S. Court of Appeals for the Seventh Circuit addressed issues such as authorship, registration, erroneous...

Conflict of interest examined by court.
June 6, 2003... Byline: Jill Miller Did the U.S. District Court for the Western District of New York err when it declined to grant the Federal Public Defender's request to be relieved as defendant's counsel due to a conflict of interest? In USA v....

Arrested bystander's civil claims rejected.
June 9, 2003... Byline: Deborah Fauver When officers ask you to leave the scene of a dispute, how long can you linger? Not long at all, ruled U.S. District Court Judge John T. Elfvin, in Berger v. Kevin Schmitt, Jeff Heisler, Joseph Crean and Town of...

Professional malpractice claim dismissed as untimely.
June 9, 2003... Byline: Jill Miller When does the statute of limitations on a professional malpractice action begin, at the time of the alleged malpractice or when the alleged malpractice is discovered? This was the central question on appeal before...

NY State Bar Assn.'s new president takes office.
June 9, 2003... Byline: Daily Record Staff A. Thomas Levin, a shareholder and director in the Mineola law firm of Meyer, Suozzi, English & Klein, P.C., took office on June 1, 2003 as president of the New York State Bar Association. In addition,...

Former patient at NY State psychiatric facility settles damages suit.
June 9, 2003... Byline: Daily Record Staff A man who suffers from schizophrenia recently settled his lawsuit against a New York State psychiatric facility after the facility failed to "act reasonably" in preventing the man's attempted suicide. On May...

NY State Bar Assn. announces election of new president and president-elect.
June 9, 2003... Byline: N.Y. Daily Record Staff A. Thomas Levin, a shareholder and director in the Mineola law firm of Meyer, Suozzi, English & Klein, P.C., took office on June 1, 2003 as president of the New York State Bar Association. In addition,...

Was wife's transfer of marital property before starting her business fraudulent?
June 10, 2003... Byline: Nora Jones Is the transfer of one's interest in a marital home to the other spouse always indicative of a fraudulent transfer? Where the wife/ debtor transferred her interest in her marital residence to her husband prior to...

Rochester atty. has unique perspective on life.
June 10, 2003... Byline: Helen Nguyen Iowa, Texas, Louisiana, Oklahoma and New Mexico, are just a few of the places that Rochester attorney Donna Suchy has called "home." Not only has she lived in those places but she has traveled to almost every state in...

NY State Bar Assn. unveils plan to reform drug laws.
June 10, 2003... Byline: Daily Record Staff The New York State Bar Association has unveiled a "framework for reform" that it hopes will move forward negotiations among the Senate, Assembly and Gov. George Pataki aimed at changing the drug laws adopted in...

Stringent DNA sampling proposed to assist in fighting crime.
June 10, 2003... Byline: Daily Record Staff Comprehensive legislation is being proposed to further enhance the use of DNA technology to combat crime and ensure justice in New York State. Gov. George Pataki stated, "DNA is a powerful crimefighting tool...

Review of division of human rights order flawed.
June 10, 2003... Byline: Jill Miller Was the petitioner unlawfully terminated because she was pregnant? This was central issue on appeal before the New York State Court of Appeals in Rainer N. Mittl & c. v. New York State Division of Human Rights &c....

NY Court of Appeals lists filings from May 9-15, 2003.
June 10, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Commentary: If it is citable, does it have precedential value?
June 11, 2003... Byline: Nora Jones The question of citability and precedential value do not necessarily go hand in hand. But the Advisory Committee on Appellate Rules continues to pursue some uniform approach across the circuits. As a time-saving...

Fifth graders learn about law by arguing in mock appeal hearing.
June 11, 2003... Byline: Jill Miller Visitors to the Appellate Division, Fourth Department, last Friday, June 6, 2003, may not have been surprised to hear an appeal being argued in one of the courtrooms. However, they would have been surprised to see who...

Questions of fact exist as to whether defendant's condition is symptomatic.
June 11, 2003... Byline: Jill Miller Should the disability insurance policy the plaintiff issued to the defendant be declared void because the defendant failed to disclose the results of an MRI on his policy application? In First Unum Life Insurance...

Third Dept. amends rules governing attorneys' conduct.
June 11, 2003... Byline: Daily Record Staff In the Matter of the Amendment of the Rules Governing the Conduct of Attorneys of the Supreme Court, Appellate Division, Third Judicial Department. Pursuant to the authority conferred upon this Court by law,...

Monroe County Bar Assn. to install 108th president.
June 12, 2003... Byline: Nora Jones There are many aspects of June Castellano's installation (at a dinner event this evening) as the 108th president of the Monroe County Bar Association that are noteworthy. She is only the fifth woman to head the local bar...

Monroe County Bar Assn. to present awards.
June 12, 2003... Byline: Daily Record Staff The Monroe County Bar Association will recognize the achievements of several members of the bar at the MCBA annual installation dinner this evening at Rochester Riverside Convention Center. James S. Grossman,...

Landlord fights to collect rent involving section eight tenant, arbitration ordered.
June 12, 2003... Byline: Nora Jones When the Rochester Housing Authority terminated its contract with a local landlord, was the Section 8 tenant obligated to pay more than her previously stipulated portion of the rent? In seeking rent allegedly owed under...

Facts support second degree menacing charge.
June 12, 2003... Byline: Jill Miller Did the defendant point the gun he was holding at the complainant during an argument? If, not should the charge against the defendant be dismissed on the ground that it is jurisdictionally and facially insufficient as...

Bar Association of Erie County holds 116th annual dinner.
June 13, 2003... Byline: Nora Jones Having singled out the 50-year members of the Bar Association of Erie County to acknowledge their golden anniversary in the past, this year the BAEC also honored the 25-year members of the bar at their annual dinner...

NY judge gets Senate approval to fill U.S. Court of Appeals vacancy.
June 13, 2003... Byline: Nora Jones With a 96-0 vote by the U.S. Senate, Livingston County native Richard Wesley was approved for the open seat on the U.S. Court of Appeals for the Second Circuit. Congressman Tom Reynolds (R-Erie County) recommended Judge...

Court of Appeals censures Lockport City Court Judge.
June 13, 2003... Byline: Jill Miller The New York State Court of Appeals has determined that a Lockport City Court judge's misconduct warrants censure, not removal from the bench as the New York State Commission on Judicial Conduct concluded. In, In...

Officers installed, awards presented by Monroe County Bar Assn.
June 16, 2003... Byline: Nora Jones Along with recognizing the 50-year members of the Monroe County Bar Association, a special booklet titled "Reflections from the Class of 1953" was available to all those attending the annual installation dinner of the...

Court reviews structured Settlement Protection Act.
June 16, 2003... Byline: Jill Miller Does the Structured Settlement Protection Act allow the courts to approve a transfer that a settlement agreement forbids? In, In the Matter of the Application of Emerald Funding Corp., the petitioner asked New York...

Denial of Social Security benefits affirmed.
June 16, 2003... Byline: Helen Nguyen Was the Commissioner of Social Security's decision to deny the plaintiff disability benefits supported by substantial evidence? Seeking a review of the commissioner's decision, the plaintiff commenced the instant...

NYSBA supports repeal of law causing unintended high malpractice awards.
June 16, 2003... Byline: Daily Record Staff The New York State Bar Association is supporting legislation repealing current provisions of state law that have resulted in unintended high malpractice awards against hospitals. "The Legislature could not...

Court finds that jurisdiction not established in Freedom of Information Act case.
June 17, 2003... Byline: Helen Nguyen Did the plaintiff establish that the defendant improperly withheld documents under the Freedom of Information Act (FOIA) and the Privacy Act? In Francis X. Downey v. Richard L. Huff, the plaintiff commenced the...

Judge Renee F. Minarik named chair of NY State Bar Assn. Municipal Law Section.
June 17, 2003... Byline: Daily Record Staff New York State Court of Claims Judge Renee Forgensi Minarik has been named chair of the New York State Bar Association's Municipal Law Section. Judge Minarik presides over civil cases involving negligence,...

Rochester Legal Briefs June 17, 2003.
June 17, 2003... Byline: Jill Miller CRIMINAL DECISIONS Conviction Upheld A motion, pursuant to CPL 440.20 to set aside the defendant's sentence on the ground that he is not a second felony offender is denied. The defendant pleaded guilty to...

Appellate Division, 4th Dept. suspends one attorney, censures another.
June 17, 2003... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following disciplinary matters in its most recent round of decisions handed down on Friday, June 13, 2003. Matter Of Elizabeth A. Frank, An Attorney,...

Gov. Pataki appoints three to NY Court of Claims bench.
June 17, 2003... Byline: Daily Record Staff Michael E. Hudson, Philip M. Grella and Maxwell Wiley have been appointed judges of the New York State Court of Claims by Gov. George Pataki. The New York State Judicial Screening Committee found them highly...

Judge finds damages clause in City of Rochester law suit unenforceable.
June 17, 2003... Byline: Jill Miller Did the defendants breach their contract with the plaintiff, City of Rochester, when it failed to satisfy the requirements of the Minority and Women Business Enterprise Utilization Plan? Is the liquidated damages...

Rochester home sales continue to bloom.
June 17, 2003... Byline: Jill Miller Homes sales continued to shine in spring 2003. According to the Genesee Region Real Estate Information Service, the information division of The Realtors association, homes sales jumped 18 percent in May as compared to...

Hamlin woman settles lawsuit for $515,000.
June 18, 2003... Byline: Daily Record Staff A Hamlin woman has settled her lawsuit for injuries she sustained in an auto accident for $515,000 after one day of trial. Dawn Latina, 37, was injured on September 28, 2000 in the Town of Hamlin. She was...

Erie County Bar announces election results.
June 18, 2003... Byline: Daily Record Staff James M. Shaw, senior partner of Shaw & Shaw, defeated Susan Campanella Roney in the Bar Association for Erie County race for the position of vice president/ president-elect. Voting took place on Friday,...

Rochester Legal Briefs June 18, 2003.
June 18, 2003... Byline: Daily Record Staff In criminal law issues in the Appellate Division, Fourth Department's June set of decisions, the court reviewed the propriety of a sentence that included a term of "post-release supervision." In other rulings,...

Greater Rochester Assn. for Women Attys. project supports Sojourner House.
June 18, 2003... Byline: Daily Record Staff The Greater Rochester Association for Women Attorneys collected sheets, towels and other needed items to provide supplies to Sojourner House in accommodating women and children in need. These items were gathered...

Forum selection clause held valid, enforceable.
June 18, 2003... Byline: Robbi Hess Where a contract contains a forum selection clause directing that disputes be resolved in Illinois courts, can the plaintiff pursue a breach of contract claim in the U.S. District Court for the Western District of New...

NY Court of Appeals upholds sanctions against attorney, firm.
June 18, 2003... Byline: Jill Miller What is the appropriate process for an attorney to appeal a sanction? Must the attorney file a direct appeal or file a motion to vacate the sanction and then file an appeal if the motion to vacate is denied? An...

NYC Civil Court Rule amended.
June 19, 2003... Byline: Daily Record Staff Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend, effective immediately, section 208.42(i)(1) of the Uniform Rules for the New York...

Rochester Legal Briefs June 19, 2003.
June 19, 2003... Byline: Daily Record Staff Decisions released by the Appellate Division, Fourth Department on June 13, 2003 included a ruling regarding the chain of custody for evidence in a drug sale. Another case dealt with a defendant's reasonable...

Retired Nixon Peabody antitrust attorney John Stuart Smith dies.
June 19, 2003... Byline: Daily Record Staff On Friday, June 13, 2003 John Stuart Smith, formerly of Nixon Peabody LLP, died at his home in Sterling, Mass. He recently retired from the law firm as a partner. A native of Pittsford, Mr. Smith and his...

Bankruptcy Court launches first part of case mgmt./electronic case filing system.
June 19, 2003... Byline: Daily Record Staff On Friday, June 13, 2003, the U.S. Bankruptcy Court for the Western District of New York launched the new case management system. This is the first part of the case management/electronic case filing system. The...

Securities action narrowed, moving forward.
June 19, 2003... Byline: Deborah Fauver What must securities fraud plaintiffs show to convince a federal judge that a corporation has crossed the bounds of puffery and waded into the territory of material misrepresentation? Acting on the corporation's...

Amherst Industrial Agency's plan violates law.
June 19, 2003... Byline: Jill Miller Did the Town of Amherst Industrial Agency and Uniland Partnership violate General Municipal Law [section] 862(1) when it moved an accounting firm out of the City of Buffalo and into the Town of Amherst? This was the...

Law guardians receive recognition from 4th Dept.
June 19, 2003... Byline: Nora Jones Each year the Appellate Division, Fourth Judicial Department Law Guardian Departmental Advisory Committee selects two law guardians from each of the Fifth, Seventh and Eighth Judicial Districts to be recognized for their...

Jury instruction on adverse inference upheld on appeal.
June 20, 2003... Byline: Jill Miller Did the trial court err when it granted the prosecution's request for an adverse inference instruction after the defendant failed to produce his only witness to the crimes charged? In the People v. Carlos Savinon,...

Rochester Legal Briefs June 20, 2003.
June 20, 2003... Byline: Daily Record Staff The Appellate Division, Fourth Department released a number of decisions on June 13, 2003, including review of persistency status imposed by the trial court in regard to a repeat felon and a petitioner's request...

New president takes helm of Greater Rochester Assn. for Women Attys.
June 20, 2003... Byline: Jill Miller As a youth growing up in Fairport, Elizabeth Wolford loved to listen to her father, attorney Michael R. Wolford, talk about his day at work. This interest sparked a legal career that has led her to the presidency of the...

Wage difference not based on gender, court determines.
June 20, 2003... Byline: Robbi Hess Did the plaintiff establish a prima facie case of wage discrimination in her action against her employer? Was the pay difference between her and a male employee based solely on gender? These issues were discussed in...

Rochester Women's Network celebrates 25 years.
June 20, 2003... Byline: Nora Jones Rochester Women's Network celebrated 25 years since the "founding mothers" launched this organization that brings Rochester area professional women and female business owners together. Founded in 1978, RWN is the...

Permanent injunction granted by Federal District Court on plaintiffs' defamation claim.
June 23, 2003... Byline: Helen Nguyen In a case where the plaintiffs sued the defendant for its use of the plaintiffs' trademarks in several websites that the defendant created, are the plaintiffs entitled to default judgment? In Berlitz International,...

Monroe County judge grants motion to suppress statements in burglary arrest.
June 23, 2003... Byline: Jill Miller Should the defendant's statements to police be suppressed because they were the result of an unlawful acquisition of evidence? This was the issue before Monroe County Court Judge John Connell in the People v. Marvin...

Harter Secrest ranked top law firm in Rochester by Corporate Board Member magazine.
June 23, 2003... Byline: Daily Record Staff Corporate Board Member magazine, released its third annual ranking of "America's Best Corporate Lawyers." For the second year in a row, survey respondents named Harter, Secrest & Emery as the firm of choice...

Rochester's Volunteer Legal Services Project needs attorneys for 'pro bono' cases.
June 23, 2003... Byline: Daily Record Staff The Volunteer Legal Services Project, Inc. of Rochester is seeking qualified attorneys to handle the following cases. (Pro bono services can translate to continuing legal education credits.) * A single mother...

Funding issues remain for Crisis Nursery Project.
June 23, 2003... Byline: Nora Jones The board of directors of the Crisis Nursery of Greater Rochester, Inc. hosted an information meeting and social gathering on Tuesday, June 17, 2003, summarizing 18 months of research, community input and focus group...

Attorney registration fees increase.
June 23, 2003... Byline: Daily Record Staff Administrative Order of the Chief Administrative Judge of the Courts Pursuant to the authority vested in me, and in accordance with section 17 of a chapter of the Laws of 2003, I hereby amend, effective July...

De facto merger criteria not established.
June 24, 2003... Byline: Jill Miller Was there a de facto merger between two companies, after one company purchased the other company's major assets from a foreclosing creditor? This was the central question before New York State Supreme Court Judge...

Inadequate snow removal at center of claim.
June 24, 2003... Byline: Robbi Hess Was the State of New York liable for injuries the claimant sustained when the vehicle she was driving slid on snow-covered roads and went over an embankment, falling 60 feet? Was the Department of Transportation (DOT)...

State to enforce ban on Internet cigarette sales.
June 24, 2003... Byline: Daily Record Staff Effective June 18, 2003, cigarettes cannot be sold to New Yorkers via the Internet. In 2000 legislators and Gov. George Pataki agreed to ban cigarette sales made over the Internet, prohibiting private motor...

Tax scam targets potential recipients of Advance Child Tax Credit.
June 24, 2003... Byline: Daily Record Staff The Internal Revenue Service issued a consumer alert, warning taxpayers about a new scam targeting potential recipients of the Advance Child Tax Credit. Although there have only been isolated instances of...