Daily Record (Rochester, NY) articles from June 2004

Daily Record (Rochester, NY) archives from June 2004

Federal discovery deadline strictly enforced.
June 1, 2004... Byline: Deborah Fauver Where Title VII plaintiffs sought to amend their complaint to add new defendants and compel discovery from the existing defendant by motions filed on the date of the established discovery deadline, the U.S. District...

Counsel interference leads to second deposition.
June 1, 2004... Byline: Jill Miller Finding defense counsel's instructions to a witness during deposition caused excessive interference and were inappropriate, a New York State Supreme Court judge granted the plaintiffs' request for a second deposition of...

Neighborhood Housing Services of Rochester to present STAR awards honoring community development.
June 1, 2004... Byline: Staff Neighborhood Housing Services of Rochester (NHSR) will present its second annual Standing Together, Achieving Results (STAR) Awards at a luncheon at noon on June 9 at the Crowne Plaza Hotel, 70 State St. The STAR Awards...

NY State Bar Assn. names vice president.
June 1, 2004... Byline: Staff David M. Schraver, managing partner of the Rochester office of Nixon Peabody, has been named a vice president of the New York State Bar Association, representing the Seventh Judicial District. Schraver focuses his...

Commentary: The Daily Reporter general manager visits the U.S.S. John F. Kennedy.
June 1, 2004... Byline: Staff My name is Daniel Whaley and I am the general manager of The Daily Record. This is my first hand account of my trip to the U.S.S. John F. Kennedy. My trip to the U.S.S. John F. Kennedy was a once in a lifetime...

Deposition testimony not allowed by court.
June 2, 2004... Byline: Kevin M. Momot Where the plaintiffs initially sought damages for personal injuries sustained in an automobile accident, the complaint was amended to add a negligence action based on a theory of vicarious liability. In...

Debtor's income from promissory note not viewed as exempt in Chapter 7 proceeding.
June 2, 2004... Byline: Nora A. Jones U.S. Bankruptcy Judge Michael J. Kaplan reviewed the facts and law in In re Sidney C. Cranston, Jr. when asked to determine whether the proceeds from a buy-out agreement constituted an exempt asset or property of the...

NY State atty. general discusses accountability during bar assn. speakers forum.
June 2, 2004... Byline: Jill Miller Accountability and the erosion of society's moral fibers was just one of the many topics New York State Attorney General Eliot Spitzer discussed during the Monroe County Bar Association's recent Speakers Forum. ...

Monroe County Bar Association hosts 'Have Gavel' dinner for Bench and Bar.
June 2, 2004... Byline: Nora A. Jones The newest member of the Appellate Division, Fourth Department bench - Justice Salvatore R. Martoche - was on hand for the "Have Gavel Will Travel" dinner on Wednesday, May 26 as the Monroe County Bar Association...

Jaeckle Fleischmann names two partners.
June 2, 2004... Byline: Staff Daniel W. Gerber and Charles D. Grieco have been named partners at Jaeckle Fleischmann. Gerber received his B.A. from St. Bonaventure University magna cum laude and his J.D. from University at Buffalo School of Law. He is...

Woods Oviatt Gilman announces recipient of 2004 Berman Award.
June 2, 2004... Byline: Staff Woods Oviatt Gilman LLP announced the recipient of the 2004 John H. Berman Memorial Scholarship Award. The award was established by Woods Oviatt Gilman in 1986 after the death of John H. Berman, and was developed to benefit...

Former Erie County company's Website shut down due to persistent consumer fraud.
June 2, 2004... Byline: Staff The New York State Attorney General's office has obtained a court order to shut down the website of an online home furnishing business recently held in contempt for its persistent consumer fraud. New York State Supreme...

Niagara Hydropower to support expansion of companies in Niagara and Erie Counties.
June 2, 2004... Byline: Staff New York State has allocated low-cost hydropower to two companies in Niagara and Erie counties that will help create nearly 140 new jobs for the region. "We're doing everything we can to encourage private investment and...

Intentional tort claim not barred because plaintiff received workers' comp. benefits.
June 3, 2004... Byline: Jill Miller Finding a plaintiff can bring an action for intentional tort against a co-worker who placed a video camera in the locker room, even though she received workers' compensation benefits based on the incident, the New York...

Supreme Court to review sale of wine on Internet.
June 3, 2004... Byline: Nora A. Jones The 21st Amendment grants authority to the states to regulate intrastate sales of alcohol. The U.S. Constitution's Commerce Clause reserves congressional power "to regulate commerce... among the several states." For...

Appellate Division holds session in Legislative Chambers.
June 3, 2004... Byline: Kevin M. Momot On May 27, the Appellate Division, Fourth Department held another in its series of "Have Gavel, Will Travel" sessions, relocating from its present courthouse at 50 East Ave. to its original home on the fourth floor...

Judge David Egan named to Co-Op Hall Of Fame.
June 3, 2004... Byline: Staff New York State Supreme Court Judge David Egan has been named to the Co-Op Hall of Fame by the National Commission for Cooperative Education. A 1962 graduate of the College of Business at Rochester Institute of Technology,...

Determination of disability by treating physician outweighs opinion of non-treating physician.
June 4, 2004... Byline: Deborah Fauver In determining the weight accorded to the work-related disability finding of a treating physician, where the physician is a specialist and his opinion is buttressed by a similar opinion from a second treating...

Newfane Town Court judge censured for abuse of judicial power.
June 4, 2004... Byline: Jill Miller A Newfane Town Court, Niagara County, judge has been censured by the New York State Commission on Judicial Conduct after it determined the judge abused his judicial power by issuing an order directing the surrender of...

Nixon Peabody attorney receives Women's Bar Assn. of the State of NY New Lawyer Award.
June 4, 2004... Byline: Staff Ann-Marie Luciano, a litigation associate of Nixon Peabody LLP, received the Doris S. Hoffman Outstanding New Lawyer Award from the Women's Bar Association of the State of New York at the 25th annual convention May 20-23 in...

NY State Bar Foundation to offer free legal services to nonprofit organizations.
June 4, 2004... Byline: Staff The New York Bar Foundation, the charitable and philanthropic arm of the New York State Bar Association, will now offer free legal services to the nonprofit law-related organizations that it helps fund. "We believe that...

NY State Court of Appeals lists filings for May 7-13, 2004.
June 4, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Hats off to Harry Brand as he finishes a notable career.
June 4, 2004... Byline: Nora A. Jones A few weeks shy of his 66th birthday, Harold J. Brand, Jr. is refocusing his unending energy on family and tennis, having given his retirement notice to the State of New York. For 34 years, Brand served as the...

NY State Supreme Court judge rules co-worker not a safety device under labor law.
June 7, 2004... Byline: Jill Miller Finding a co-worker who served as a spotter is not a safety device as defined under Labor Law s. 240(1), a New York State Supreme Court, Erie County judge granted the plaintiff's motion for partial summary judgment. ...

Statewide task force in New York hopes to fix flaws in divorce process.
June 7, 2004... Byline: Staff A new Matrimonial Commission has been created to examine every facet of the divorce process in New York and recommend reforms to correct existing problems. Chaired by Associate Justice Sondra Miller, of the Appellate...

Nine attorneys join Hiscock & Barclay's Rochester office.
June 7, 2004... Byline: Staff Nine attorneys have joined the Hiscock & Barclay's 20-plus lawyer Rochester office, building an enhanced 160-attorney, regional law firm with offices in Syracuse, Buffalo, Rochester, Albany and New York City. A patent...

Deborah A. Haendiges sworn in as Erie County family court judge.
June 7, 2004... Byline: Staff Deborah A. Haendiges was sworn in on May 26 as Erie County's newest family court judge. Former family court judge and current State Supreme Court Justice Sharon S. Townsend administered the oath of office to Judge Haendiges...

Niagara Falls tank cleaning company pleads guilty to dumping industrial waste in sewers.
June 7, 2004... Byline: Staff A Niagara Falls tank cleaning business and four of its employees have pleaded guilty to dumping industrial waste into the city's sewer system. Philip Services Corp. (PSC), a rail and truck tank cleaning business located...

ADHD diagnosis does not qualify as disability for Social Security benefits.
June 8, 2004... Byline: Kevin M. Momot Where the plaintiff brought an action on behalf of her minor child, Roshard Williams, seeking reversal or remand of the defendant's final decision denying her application for Social Security benefits, U.S. District...

Respondent faces falsifying business records charge after tampering with DNA test.
June 8, 2004... Byline: Jill Miller Because the respondent sent his cousin to take a DNA test in his place, an Onondaga County Family Court judge ordered a second DNA test in order to determine the paternity of the child in question. Based on the results...

Kenneth G. Standard takes helm of NY State Bar Assn.
June 8, 2004... Byline: Staff Kenneth G. Standard, special counsel in the labor and employment law practice group at the Manhattan office of the international law firm of Morgan, Lewis & Bockius, took office on June 1 as president of the New York State...

Major pharmaceutical firm concealed drug information.
June 8, 2004... Byline: Staff The New York State Attorney General's Office recently filed a lawsuit against a pharmaceutical company for allegedly concealing information about the safety and efficacy of an anti-depressant drug. The lawsuit, filed in...

Attorney's disapproval of real estate contract renders it unenforceable.
June 9, 2004... Byline: Kevin M. Momot Where the plaintiff-buyer and defendant-sellers entered into a residential real estate purchase and sale contract and buyer waived the attorney approval contingency, the buyer claimed the refusal by sellers'...

Medical records disclosure obligation analyzed.
June 9, 2004... Byline: Jill Miller In a personal injury action, where neither a demand for an examination or a notice of availability have been served, a New York State Supreme Court judge concluded the plaintiff may rely on medical records alone....

Identity theft, Brownfields explored at annual banking law CLE.
June 9, 2004... Byline: Jill Miller Identity theft, Brownfields, bankruptcy, credit unions and perfection issues under the Uniform Commercial Code were among the topics explored during the Monroe County Bar Association's 30th Annual Banking Law Seminar....

Phillips Lytle partner appointed to NY State Supreme Court bench.
June 9, 2004... Byline: Staff John M. Curran, a partner at Phillips Lytle, has been appointed to fill a vacancy in the Eighth Judicial District of the New York State Supreme Court. The seat was vacated when Judge Barbara Howe became Surrogate Court...

Buffalo defense atty. honored by Bar Association of Erie County tonight.
June 9, 2004... Byline: Staff Buffalo criminal defense lawyer Joel L. Daniels will receive the 2004 Lawyer of the Year Award at the Bar Association of Erie County's 117th annual dinner and awards program this evening at the Hyatt Regency Buffalo. ...

Rightful possession of 2002 Lexus challenged by secured lienholder and judgment creditor.
June 10, 2004... Byline: Nora A. Jones Priority of possession of property between a lienholder and a judgment creditor was the central issue in Toyota Motor Credit Corp. v. Monroe County Sheriff, ABBEC Manufacturing, Inc. and 100 Burnwood (sic) Avenue...

Vehicle stop in high crime area not justified.
June 10, 2004... Byline: Kevin M. Momot Where a police officer performed an "informational stop" of the defendant's vehicle in a high crime area with no reason to believe any violation of law had been committed, the stop was determined to be unlawful and...

Mike Wolford to become 109th Monroe County Bar Assn. president.
June 10, 2004... Byline: Nora A. Jones Those attending the Monroe County Bar Association's Annual Installation Dinner this evening will hear first-hand some of Michael Wolford's aspirations for the upcoming year as he is sworn in as the 109th MCBA...

'New York Main Street' Program to renovate downtown areas.
June 10, 2004... Byline: Staff A new $20 million "New York Main Street Program" - designed to stimulate downtown revitalization in communities across the state by providing funding for building renovations, streetscape enhancements, and downtown business...

'Legal Ethics & E-Technology' continuing legal ed. program to be held June 14.
June 10, 2004... Byline: Staff With technology advancing often more quickly than the Code of Professional Responsibility can keep up, it becomes the responsibility of legal practitioners to self-monitor and raise issues when using technology in the course...

NY State Supreme Court denies wrongful death settlement applications.
June 11, 2004... Byline: Nora A. Jones Where plaintiffs alleged personal injury and wrongful death causes of action on behalf of their deceased husbands, the New York State Supreme Court was asked to approve applications for settlement the plaintiffs...

NY State Supreme Court judge rules New Paltz mayor cannot marry same-sex couples.
June 11, 2004... Byline: Jill Miller A New York State Supreme Court judge has granted a request to bar the mayor of New Paltz from performing marriage ceremonies for same sex couples who have not been issued a valid marriage license by New York State. ...

Rockefeller drug law reform urged by former New York prosecutors, judges.
June 11, 2004... Byline: Staff With discussions to reform the Rockefeller drug laws at an apparent impasse in the joint legislative conference committee, the New York State Bar Association has released a statement endorsed by former prosecutors and judges...

Monroe County Bar sponsors continuing legal education program about serving on non-profit boards.
June 11, 2004... Byline: Staff Last month, New York State Attorney General Eliot Spitzer sued the former CEO of the New York Stock Exchange, citing violations of New York's Not-for-Profit Corporation Law in the award of an excessive compensation package....

University of Buffalo Law School hosts summer lecture series for senior citizens.
June 11, 2004... Byline: Staff An evening lecture series offering presentations on a variety of topics of interest to senior citizens, including the new Medicare prescription drug law, paying for long-term care and planning for death or disability, will be...

Federal judge denies venue transfer due to absence of clear and convincing evidence.
June 14, 2004... Byline: Deborah Fauver A New Jersey defendant who is authorized to do business in New York, and who signed a credit application specifying Erie County as the venue, needs to argue something more than fine print or mere convenience in order...

NY State Court of Appeals rules formal grand jury vote is necessary to dismiss.
June 14, 2004... Byline: Jill Miller Finding a formal vote of 12 grand jurors is necessary to dismiss a case, New York State's highest court affirmed the order of the Appellate Division, First Department reinstating the charges against the defendant. ...

World's three major intellectual property offices streamline trademark registration process.
June 14, 2004... Byline: Staff The Department of Commerce's United States Patent and Trademark Office (USPTO), the European Office for the Harmonization in the Internal Market (OHIM) and the Japan Patent Office (JPO) recently reached agreement on a list of...

American Bar Assn. files brief with U.S. Supreme Court in case of Kowalski v. Tesmer.
June 14, 2004... Byline: Staff The American Bar Association has filed an amicus curiae brief with the U.S. Supreme Court in the case of Kowalski v. Tesmer. In the brief the ABA argues under the 14th Amendment criminal defendants have a right to...

Corporate Board Member magazine names top five law firms in Rochester.
June 14, 2004... Byline: Staff In its 'Special Legal Issue 2004,' Corporate Board Member magazine released the fourth annual ranking of "America's Best Corporate Lawyers." Harter, Secrest & Emery LLP and Nixon Peabody LLP tied for first as the best...

Phillips Lytle partner participates in civil litigation continuing legal education program.
June 14, 2004... Byline: Staff Alan Wishnoff, partner at Phillips Lytle LLP, presented at a continuing legal education seminar that was specifically designed for attorneys preparing to try their first civil case, or for civil litigators who wish to have a...

Defendant denied chance to testify before grand jury leads to dismissal of charges.
June 15, 2004... Byline: Jill Miller Finding the defendant was not accorded a reasonable amount of time to exercise his right to testify before a grand jury vote was taken, an acting Monroe County Court judge dismissed the indictment filed against the...

Monroe County Bar Assn. installs new officers, honors 50-year admittees.
June 15, 2004... Byline: Nora A. Jones "I am very honored to serve as the 109th MCBA president," said Michael R. Wolford after reciting the oath of office at the June 10 installation dinner. "I hope I will live up to the trust you've bestowed upon me." ...

NY State Bar Assn. elects chair of Real Property Law Section.
June 15, 2004... Byline: Staff Dorothy Ferguson, of the law firm of D.H. Ferguson, Attorney PLLC, has been elected chair of the New York State Bar Association's Real Property Law Section. Active in the NYSBA, she has co-chaired the Real Property Law...

Rochester home sales remain steady.
June 15, 2004... Byline: Jill Miller The number of homes for sale jumped 15.9 percent in May compared to April. According to the Greater Rochester Association for Realtors, 2,278 homes were listed for sale in May compared to 1,966 in April. Home...

Exceeding scope of corporate authority by signing check does not constitute forgery.
June 16, 2004... Byline: Jill Miller Even though the defendant exceeded his authority by signing his own name to a corporate check, his conduct does not constitute forgery, held New York State's highest court. In People v. Gregory P. Cunningham, the...

Defendant's double jeopardy claim dismissed.
June 16, 2004... Byline: Helen Nguyen In a case where the defendant, Joseph Medley, was found guilty of drug-related charges, the U.S. District Court for the Western District of New York found his double jeopardy rights were not violated despite his...

Monroe County Family Court orders two parents not to have any more children.
June 16, 2004... Byline: Staff Periodically, The Daily Record will include the full text of decisions significant to the legal community. As first reported by The Daily Record and followed up by other local media, the Monroe County Family Court decision of...

Paralegal managers, specialists earn top dollar.
June 16, 2004... Byline: Staff According to the 2004 Annual Compensation Survey for Legal Assistants/Paralegals and Managers, there is a significant divergence between compensation for paralegal managers and specialists and other paralegals. The...

NY State Court of Appeals rules guilty plea forfeits appeal argument.
June 17, 2004... Byline: Jill Miller Asserting an order of protection issued in an underlying criminal contempt charge is invalid under CPL 530.13 because it was issued to a person who was not a victim or witness to the relating charge, the defendant asked...

NY State Supreme Court judge denies product liability and breach of warranty claims.
June 17, 2004... Byline: Kevin M. Momot In causes of action for breach of warranty and strict product liability, where the plaintiff provided evidence the use of a girdle manufactured and sold by the defendants caused specific injuries, a New York State...

Buckeye Terminals guarantees property value of Westfield residents affected by oil spill.
June 17, 2004... Byline: Staff Neighbors impacted by petroleum contamination from a 50,000 gallon gasoline spill at the Buckeye Terminals, LLC terminal have resolved their dispute. Pursuant to a property value protection plan negotiated by local...

NY State Bar Assn. names Denison Ray award recipients.
June 17, 2004... Byline: Staff The New York State Bar Association's Department of Pro Bono Affairs has named the recipients of the Denison Ray awards, presented biennially to legal services staff attorneys who have distinguished themselves in providing...

NY Court of Appeals lists filings from May 14- 20, 2004.
June 17, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Rochester Legal Briefs: June 17, 2004.
June 17, 2004... Byline: Staff The Appellate Division, Fourth Department's personal injury decisions included issues involving the proper amount of damages, and a statute of limitations for sexual abuse case. CIVIL DECISIONS Damage Award Two...

Additional evidence from plaintiff not admissible in disability benefits claim.
June 18, 2004... Byline: Helen Nguyen Finding the plaintiff, Karin E. Kaus-Rogers, failed to provide a reasonable explanation for why she did not submit certain evidence in support of her claim for long-term disability benefits, the U.S. District Court for...

Hindering prosecution indictment stands.
June 18, 2004... Byline: Jill Miller Finding a single count in the instant indictment is not duplicitous, an Ontario County Court judge denied the defendant's motion to dismiss a charge of hindering prosecution. In the People v. Brian P. DeBeer, the...

Continuing legal ed program examines legal ethics, e-technology.
June 18, 2004... Byline: Kevin M. Momot With technology advancing often more quickly than the Code of Professional Responsibility can keep up, it is the responsibility of legal practitioners to self-monitor and raise issues when using technology in the...

Bar Association of Erie County announces election results.
June 18, 2004... Byline: Staff James M. Shaw was sworn in as president of the Bar Association of Erie County at the 117th annual meeting and election held on Friday, June 11. Jeremiah J. McCarthy a partner at Phillips Lytle LLP was elected vice...

Rochester Legal Briefs June 18, 2004.
June 18, 2004... Byline: Staff The Appellate Division, Fourth Department's decisions included the interpretation of state insurance law regarding a tax imposed on fire insurance premiums. In another decision, the Appellate Division ruled a party seeking...

Projection of charges was not prejudicial.
June 21, 2004... Byline: Kevin M. Momot Where criminal charges brought against the defendant were projected on a wall simultaneously with charges presented to the jury, the defendant failed to demonstrate the potential for prejudice arising from the...

Nursing home reports immune from discovery.
June 21, 2004... Byline: Jill Miller Reports and documents prepared by a nursing home's quality assurance committee are not discoverable and as a result, the plaintiff's motion for discovery is denied. In Sheryl S. Bielewicz, as administrator of the...

Serving on not-for-profit boards focus of continuing legal ed. program.
June 21, 2004... Byline: Kevin M. Momot Over 100 attorneys and accountants gathered at the Country Club of Rochester on Tuesday, June 15 to learn more about the responsibilities and potential liabilities associated with serving on the board of directors...

Latest Attorney disciplinary matters released by Appellate Division, Fourth Department.
June 21, 2004... Byline: Staff The Appellate Division, Fourth Department handled the following disciplinary matters in its most recent round of decisions handed down on June 14: Matter Of Ronald Arlo Case, An Attorney, Resignor. - Voluntary...

Rochester Legal Briefs June 21, 2004.
June 21, 2004... Byline: Staff In tort suits, summary judgment orders were reviewed where the causes of action were based on allegations of slip and fall, participation in sports activities, false arrest and stealing trade secrets. CIVIL DECISIONS ...

Defense attorney's experience, compassion authenticate new book.
June 21, 2004... Byline: Nora A. Jones Last June, John V. Elmore decided he wanted to write a book that would help African-Americans better understand the criminal justice system. Less than a year later, he has conducted numerous book signings, been...

Clean Water Act and Resource Conservation and Recovery Act claims denied.
June 22, 2004... Byline: Kevin M. Momot Where the defendants deposited fill to build up an embankment along a roadway in danger of collapse, the plaintiff failed to provide evidence to establish an ongoing violation of either the Clean Water Act (CWA) or...

Court of Appeals addresses summary judgment motions violation.
June 22, 2004... Byline: Jill Miller Summary judgment motions filed after the 120 day time limit outlined in CPLR 3212(a) and without "good cause" were at the heart of a recent New York State Court of Appeals decision. In Ona Brill, et al. v. City of...

Court system launches second phase of jury reform.
June 22, 2004... Byline: Staff The second phase of jury reform in New York has been launched and includes a series of operational changes aimed at more effectively utilizing juror time. The new program follows a study that revealed 82 percent of New...

NYSBA Corporate Counsel Section publishes legal guide for businesses.
June 22, 2004... Byline: Staff The Corporate Counsel Section of the New York State Bar Association has released a new publication, How Companies Can Prevent Legal Problems and Save Legal Expenses, a practical guide designed to help businesses navigate...

Rochester Legal Briefs June 22, 2004.
June 22, 2004... Byline: Staff In Appellate Division, Fourth Department criminal law decisions, issues of a person representing himself and the length of an order of protection were reviewed. CRIMINAL DECISIONS Order Of Protection In a Monroe...

Beechwood nursing home lawsuit dismissed.
June 23, 2004... Byline: Helen Nguyen In July 1999, the closing of Beechwood Restorative Care Center on Culver Road was a big news story in the Rochester community. The story didn't end there though. Following the nursing home's closure, the owners,...