Daily Record (Rochester, NY) articles from June 2005

Daily Record (Rochester, NY) archives from June 2005

U.S. COA, Second Circuit rules to dismiss many of plaintiff's environmental compensation claims.
June 1, 2005... Byline: Helen Nguyen In a case where the plaintiff sought compensation from the defendants for the costs it incurred for the clean-up of hazardous substances, the U.S. Court of Appeals for the Second Circuit dismissed many of the...

Monroe County Bar holds Spring SideBAR event.
June 1, 2005... Byline: The Daily Record Staff On Thursday, May 26, the Monroe County Bar Association held its spring SideBAR event at the Crowne Plaza Hotel, bringing together members of the legal and business community. The fourth event of its kind,...

Kammholz Law Firm opens its doors to legal community in Rochester.
June 1, 2005... Byline: The Daily Record Staff Providing "legal solutions for individuals, businesses and severely injured clients," is how The Kammholz Law Firm describes the services offered by the newly established practice. The law firm,...

New York State Jury Trial Project releases final report.
June 1, 2005... Byline: The Daily Record Staff The final report of the Jury Trial Project established by Chief Judge Judith S. Kaye and Chief Administrative Judge Jonathan Lippman was released on Friday, May 27. The report, involving 51 judges from 16...

N.Y. Appellate Division Law Library new book list: Spring 2005.
June 1, 2005... Byline: The Daily Record Staff Presidential War Power - Louis Fisher, Lawrence, KS.: University Press of Kansas, 2004. KF 5060 F57, 2004. Military Tribunals and Presidential Power: American Revolution to the War on Terrorism - Louis...

Respondent's parental rights terminated by Monroe County Family Court judge.
June 2, 2005... Byline: Jill Miller Concluding the respondent violated the terms of an order suspending judgment in a neglect case, a Monroe County Family Court judge determined the respondent's parental rights must be terminated. In the Matter of J,...

Legal community joins Rochester City School 29 celebration of academic excellence.
June 2, 2005... Byline: Rochester Daily Record Staff Smiles, sun, giggles and glee filled the atmosphere outside Rochester City School 29 on Tuesday, May 31. The School 29 community celebrated the students' academic success by marching in a parade...

Several options you should consider for this year's tax refund.
June 2, 2005... Byline: Rochester Daily Record Staff The U.S. Treasury has returned more than $196 billion to taxpayers since January. If you were one of the many who waited to the last minute to file your tax return, you may be wondering what to do with...

NY State Court of Claims dismisses claim because of insufficient evidence that road was unsafe.
June 3, 2005... Byline: Helen Nguyen Finding there was insufficient evidence that a New York State road was unsafe and caused the accident and death of an 18-year-old girl, the New York State Court of Claims dismissed the liability claim brought by the...

NY State Supreme Court denies defendant's motion to dismiss sexual abuse indictment.
June 3, 2005... Byline: Jill Miller Concluding less than five years elapsed between the time the victim reported sexual abuse to the police and the time the indictment was filed, a New York State Supreme Court judge denied the defendant's motion to...

Buffalo Academy of the Sacred Heart takes second in NY Statewide Mock Trial Tournament.
June 3, 2005... Byline: Staff Students from the Buffalo Academy of the Sacred Heart were awarded second place in the 2005 Statewide Mock Trial Tournament co-sponsored by the New York State Bar Association and The New York Bar Foundation. The top two...

Recording Industry Association of America expands copyright infringement lawsuits.
June 3, 2005... Byline: Staff The Recording Industry Association of America (RIAA), on behalf of the major record companies, announced a second wave of copyright infringement lawsuits against abusers of the university computer network known as...

Attorney Richard A. Miller passes way at age 71.
June 3, 2005... Byline: Staff Attorney Richard A. Miller passed way on Wednesday, June 1 at age 71. A graduate of Howard University in 1965, Mr. Miller practiced as a defense attorney in his firm for over 35 years. He was previously employed at Xerox and...

Illinois-based OfficeMax to pay $9.8M to settle allegations that is submitted false claims.
June 3, 2005... Byline: Staff OfficeMax, Inc. will pay the United States $9.8 million to settle allegations that it submitted false claims when it sold office supply products manufactured in countries not permitted by the Trade Agreements Act to United...

NY State Supreme Court denies defendant's motion to vacate conviction.
June 3, 2005... Byline: Kevin M. Momot Where the defendant pled guilty to a lesser sentence, waived his right to appeal and subsequently brought a motion pursuant to Criminal Procedure Law s. 440 to vacate his conviction, the defendant could not attack...

Vince Buzard begins term as president of NY State Bar Association.
June 6, 2005... Byline: Nora A. Jones An ambitious agenda for his year as New York State Bar Association president was well-thought out before A. Vince Buzard took office on June 1. As president elect in 2004-2005, he traveled around the state and...

NY Court of Appeals affirms robbery conviction.
June 6, 2005... Byline: Jill Miller Concluding the trial court properly denied third-party culpability evidence that would have shown someone other than the defendant committed the robbery in question, New York State's highest court affirmed the...

American Bar Assn. revises its changes to rules on political activity.
June 6, 2005... Byline: Daily Record Staff The American Bar Association's Joint Commission to Evaluate the Model Code of Judicial Conduct has released a revised draft of its proposed new canon and rules addressing political activity, along with commentary...

Niagara Mohawk's Article 78 petition dismissed by NY court.
June 6, 2005... Byline: Kevin M. Momot Where the petitioner brought a CPLR article 78 proceeding challenging the determination that certain properties were subject to special garbage district ad valorem taxes, the properties could be developed in such a...

Bar Assn. of Eire County's installation dinner set for June 8.
June 6, 2005... Byline: Daily Record Staff The Bar Association of Erie County will hold its 118th Annual Dinner on Wednesday, June 8 at the Hyatt Regency Buffalo. Longtime Buffalo trial lawyer John H. Napier will receive the 2005 Lawyer of the Year...

US District Court for W. District of NY rules attorney provided ineffective counsel in plea bargain.
June 7, 2005... Byline: Helen Nguyen Where the defendant's attorney failed to tell the defendant the actual sentence he faced if he did not accept the plea bargain, the U.S. District Court for the Western District of New York determined the defendant's...

NY State Supreme Court judge denies summary judgment in sexual harassment claim.
June 7, 2005... Byline: Jill Miller Finding there were issues of fact as to whether the plaintiff was harassed because he was a male in a same-sex sexual harassment case, a New York State Supreme Court judge denied the defendant's motion for summary...

Staff members from Rochester legal groups provide Wills Clinic to help HIV/AIDS victims.
June 7, 2005... Byline: Nora A. Jones Staff members from Volunteer Legal Services Project, Inc. and several members of the Greater Rochester Association for Women Attorney's Trusts and Estates Committee committed several hours to another Wills Clinic,...

Harter, Secrest & Emery LLP to host identity theft seminar in downtown Buffalo, NY.
June 7, 2005... Byline: Staff Harter, Secrest & Emery LLP, in conjunction with the U.S. Secret Service, will present a seminar on Identity Theft from 8:30 to 10:30 a.m. on Tuesday, June 14 on the ninth floor of 12 Fountain Plaza (Bank of America Building)...

New York State Court of Appeals lists more May filings.
June 7, 2005... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Review by law placement assn. finds legal recruiting increasing modestly nationwide.
June 7, 2005... Byline: Staff The market for entry-level legal employment is continuing to expand, although slowly and with great regional variation, according to an annual review by the National Association for Law Placement (NALP) of selected aspects of...

NY State Supreme Court rules HIPAA does not require defense to interview plaintiff's doctors.
June 8, 2005... Byline: Helen Nguyen New York State Supreme Court, Niagara County court recently ruled the Health Insurance Portability and Accountability Act (HIPAA) did not require defense attorneys to obtain medical authorizations from the plaintiff...

Oswego County Family Court judge grants objection to child support obligation.
June 8, 2005... Byline: Jill Miller Finding the record was incomplete with regard to whether the child in question was conceived by "in vitro" fertilization or by another medical procedure, an Oswego County Family Court judge granted the department of...

Campaign for Justice raises $232,000 for Monroe County legal assistance groups.
June 8, 2005... Byline: Nora A. Jones Campaign for Justice co-chairs Angelo Faraci and Tom Richards were extremely pleased with the final tally for the 2004-2005 campaign - $232,000. "We exceeded our $220,000 goal, which again demonstrates the...

Yates County establishes Family Treatment Court for those affected by drugs/alcohol abuse.
June 8, 2005... Byline: Staff Yates County has established a Family Treatment Court. This effort continues the New York State Judiciary's undertaking of a new approach to drug addiction by providing intervention toward a safe, healthy and permanent...

Erie County projected budget gap set at $118.4M for 2005.
June 8, 2005... Byline: Staff Erie County faces a 2005 budget gap of $118.4 million and projected gaps in future years that grow from $131 million in 2006 to $279 million in 2010 and as a result is running out of cash to pay its bills, according to a...

Meet incoming Monroe County Bar Assn. President Jim Grossman.
June 9, 2005... Byline: Nora A. Jones Intelligent, humble, passionate, easy-going and clearly proud to be a lawyer, James S. Grossman looks forward to his term as president of the Monroe County Bar Association. He believes the local bar has launched many...

Monroe County Bar Foundation launches fundraising effort.
June 9, 2005... Byline: Kevin M. Momot The Foundation of the Monroe County Bar has a long history of supporting the charitable and educational purposes of the Monroe County Bar Association. Over the years, it has made grants totaling more than $860,000...

Best interests of children explored in Monroe County Family Court decision.
June 9, 2005... Byline: Jill Miller Determining the best interests of two children, one who has lived with a foster care family since birth and a second who is currently living in a residential children's center, was the focus of a recent decision handed...

Monroe County Bar Assn.'s annual installation dinner set for tonight.
June 9, 2005... Byline: Rochester Daily Record Staff The Monroe County Bar Association will install James S. Grossman, as the new MCBA president for the 2005-2006 bar year, as well as, pay tribute to current President Michael R. Wolford during its annual...

Personal injury action reinstated by Appellate Division, Fourth Dept.
June 10, 2005... Byline: Helen Nguyen Where the plaintiff was injured when a car accidentally drove into the pedestrian area of a restaurant, the New York State Supreme Court, Appellate Division, Fourth Department determined an issue of fact existed as to...

'Empire Justice Center' unveils new logo, tagline.
June 10, 2005... Byline: Nora A. Jones Although the Greater Upstate Law Project (GULP) and the Public Interest Law Office of Rochester (PILOR) combined forces and merged internally some 18 months ago, the organization's new name - Empire Justice Center -...

Dismissal of information affirmed by Court of Appeals.
June 10, 2005... Byline: Jill Miller An information and supporting deposition failed to allege facts establishing that the campus building the defendant entered was "fenced or otherwise enclosed in a manner designed to exclude intruders," (Penal Law s....

Bill proposes raises for NY judges.
June 10, 2005... Byline: Rochester Daily Record Staff A bill has been submitted to the Legislature that will provide salary increases for the judges and justices of New York's Unified Court System. The bill's passage would mark the first increase in...

Construction of Pittsford School focus of petitioner's N.Y. Environmental Quality Review Act dispute.
June 13, 2005... Byline: Helen Nguyen In a dispute involving the Pittsford Central School District's decision to construct a new middle school, New York State Supreme Court, Albany County determined the school district appropriately took into account the...

1.5-year delay in verdict deemed unnecessary by Monroe County Court.
June 13, 2005... Byline: Jill Miller A 1.5 year delay from the time the parties agreed to allow the hearing transcript to serve as the trial transcript to the time the trial court rendered its verdict was unreasonable. As a result, the defendant's motion...

Judge Pigott Receives NY State Bar Association Award.
June 13, 2005... Byline: The Daily Record Staff Judge Eugene F. Pigott, Jr. presiding justice of the Appellate Division, Fourth Department; and Janet R. Fink of New York, deputy counsel, New York State Unified Court System were recently honored by the New...

U.S. Court of Appeals Second Circuit releases notice regarding Real ID Act of 2005.
June 13, 2005... Byline: The Daily Record Staff The U.S. Court of Appeals released a notice to district courts within the Second Circuit outlining the preferred procedures for transferring cases from the district courts to the Court of Appeals pursuant to...

NY State Supreme Court orders plaintiff to authorize defendants to speak with plaintiff's physician.
June 13, 2005... Byline: Kevin M. Momot Where the defendants moved to compel the plaintiff to provide complaint authorizations under the Health Insurance Portability and Accountability Act (HIPAA), permitting an interview with the plaintiff's treating...

Appellate Division, Fourth Dept. orders disciplinary action against two attorneys.
June 14, 2005... Byline: Staff The latest release of attorney disciplinary matters by the Appellate Division, Fourth Department on Friday, June 10 included two decisions involving Cellino & Barnes P.C. attorneys Ross Cellino and Stephen Barnes. A...

Law Students in Action Project in upstate NY matches student volunteers to clients.
June 14, 2005... Byline: Nora A. Jones A grant from AmeriCorps and Equal Justice Works provided the money to operate a Law Students in Action Project in upstate New York, but Heidi A. White has put the energy into launching what appears to be a phenomenal...

MCBA names annual event after former Monroe Title president Thomas Moonan.
June 14, 2005... Byline: Staff During the Monroe County Bar Association's Annual Installation Dinner on Thursday, June 9, it was announced that the MCBA Real Estate Section Annual Meeting and Luncheon would be named after long-time MCBA member, Thomas P....

Eighth Judicial District unveils new website.
June 14, 2005... Byline: Staff The Eighth Judicial District has launched a newly designed Internet website at www.nycourts.gov/courts/8jd. The website contains general information for all City, County, Family, Surrogate's and Supreme Courts, as well as...

An avid runner, Brighton Town Justice Karen Morris is still racing 30 years later.
June 14, 2005... Byline: Nora A. Jones Anxiety over the New York bar exam played a key role in Karen Morris' decision to become a runner. Through college and law school, Morris had been a smoker - with a lot of discipline. While studying for the bar exam,...

U.S. District Court, Western District of NY grants plaintiffs' motion for a restraining order.
June 15, 2005... Byline: Helen Nguyen Where the plaintiffs alleged the defendant made false and defamatory statements, the U.S. District Court for the Western District of New York granted the plaintiffs' motion for a temporary restraining order. In...

NY State Supreme Court authorizes petitioner to remain at Rochester Psychiatric Center.
June 15, 2005... Byline: Jill Miller Because the petitioner suffers from chronic paranoid schizophrenia, has a mental illness within the meaning of Mental Hygiene Law s. 1.03, and poses a danger to himself and others, a New York State Supreme Court judge...

50-year honorees awarded as part of Monroe County Bar Assn. installation dinner.
June 15, 2005... Byline: Nora A. Jones Members and friends of the Monroe County Bar Association were already aware of the numerous initiatives Michael Wolford launched in his year as president of the association, so they all enjoyed a laugh when MCBA...

Wife's mistaken inclusion in bankruptcy petition doesn't preclude trustee's administrative fee.
June 16, 2005... Byline: Nora A. Jones Where a husband and wife filed a joint Chapter 7 petition and claimed a life insurance policy was exempt, the trustee's efforts to disallow this exemption were necessary to protect the estate while it appeared that...

NY State Court of Appeals determines sentence violates penal law.
June 16, 2005... Byline: Jill Miller Concluding the trial court violated Penal Law s. 70.25(2) when it ordered the defendant's weapon possession sentence to run consecutively with his sentence for manslaughter and assault, the New York State Court of...

Greater Rochester Assn. of Women Attys. rolls out legal community survey.
June 16, 2005... Byline: Rochester Daily Record Staff The Greater Rochester Association of Women Attorneys, with the support of the Monroe County Bar Association and The Daily Record, is surveying the entire legal community regarding maternity, child care...

NY State Bar Assn. launches radio campaign.
June 16, 2005... Byline: Rochester Daily Record Staff With the judiciary facing increasing criticism and political attacks - particularly in the wake of the Terry Schiavo case - the New York State Bar Association has launched a statewide radio campaign that...

Rochester Legal Briefs: June 16, 2005.
June 16, 2005... Byline: Rochester Daily Record Staff In family law decisions by the Appellate Division, Fourth Department, the court reviewed such issues as pro se representation after an attorney's withdrawal, the adequacy of a juvenile delinquency plea,...

New York State Court of Appeals lists filings for May 13-26, 2005.
June 16, 2005... 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...

2nd Circuit rules settlement agreement did not violate victims' rights to receive restitution.
June 17, 2005... Byline: Helen Nguyen In a case where the defendants were found guilty of securities fraud, the U.S. Court of Appeals for the Second Circuit found the settlement agreement, which would establish a $715 million victims compensation fund, did...

NY State Supreme Court denies plaintiff's preliminary injunction request.
June 17, 2005... Byline: Jill Miller Finding the plaintiff failed to show the defendant will "use unfair means to compete" by opening a pediatric practice in a neighboring town, a New York State Supreme Court judge denied a motion for a preliminary...

Bankruptcy filings in federal courts decrease.
June 17, 2005... Byline: Staff The number of bankruptcy cases filed in federal courts fell 3.9 percent over the past year, according to statistics released by the Administrative Office of the U.S. Courts. However, bankruptcy filings still remain above the...

Employees at Davidson, Fink raise money for charities with its "Dress Down Days" program.
June 17, 2005... Byline: Staff Over the last year staff and attorneys at Davidson, Fink, Cook, Kelly & Galbraith, LLP have raised almost $10,000 for charities. In addition to participating in annual events such as the American Cancer Society's Daffodil...

Jeremiah J. McCarthy assumes Bar Assn. of Erie County presidency.
June 17, 2005... Byline: Staff Jeremiah J. McCarthy was sworn in as president of the Bar Association of Erie County at its 118th Annual Meeting and Election held on Friday, June 10. McCarthy is a partner in the Buffalo office of Phillips Lytle LLP. In...

'Excusable neglect' not established on motion to vacate default judgment in Chapter 7 case.
June 20, 2005... Byline: Nora A. Jones In an adversary proceeding where the Chapter 7 trustee sought to avoid a lien held by the defendant, the defendant offered insufficient evidence to vacate a default judgment entered against it in In re: Paul M....

NY Court of Appeals grants request for documents under Freedom of Information Law.
June 20, 2005... Byline: Jill Miller Finding 23 USC s. 409 does not exempt certain traffic safety documents from disclosure under the Freedom of Information Law (FOIL), the New York State Court of Appeals affirmed an order granting a newspaper's petition...

American Bar Association task force looks to preserve attorney-client privilege.
June 20, 2005... Byline: Staff An American Bar Association task force report warns that government policies eroding the corporate attorney-client privilege reduce rather than increase the ability of corporations to cooperate with government. Pressures...

Rochester Legal Briefs: June 20, 2005.
June 20, 2005... Byline: Rochester Daily Record Staff Criminal decisions issued by the Appellate Division, Fourth Department on Friday, June 10, addressed topics such as lesser included offenses, photographic identification procedures and juror...

NY State Supreme Court, Fourth Dept. rules insurance co not obligated to indemnify.
June 21, 2005... Byline: Helen Nguyen In a personal injury case, the New York State Supreme Court, Appellate Division, Fourth Department concluded the insurance company was not obligated to defend or indemnify the defendants. In New York Mutual...

Webster Town Court judge rules evidence presented at trial insufficient.
June 21, 2005... Byline: Jill Miller Finding the testimony of the complainant and a witness to be less than credible and a lack of objective medical evidence, a Webster Town Court judge granted the defendant's motion for a trial order of dismissal. In...

Attorneys and public service interns participating in Americorps program gather at social event.
June 21, 2005... Byline: Nora A. Jones The project manager of the Americorps program at Equal Justice Works, Megan Blamble, visited upstate legal service agencies to connect with the law students devoting their summer to public interest law through the...

Foundation of the Monroe County Bar elects new officers, board.
June 21, 2005... Byline: Staff The Foundation of the Monroe County Bar recently elected Jill M. Cicero, of Jill M. Cicero & Associates, as president of the Foundation, succeeding Bradley P. Kammholz who will continue to serve as immediate-past president....

Rochester-area home listings jump in May, sales jump 17.3%.
June 21, 2005... Byline: Jill Miller Sales of existing single family homes jumped 17.3 percent in May as compared to April. According to the Greater Rochester Association for Realtors, 1,098 homes were sold last month compared to 936 in April. On a...

Monroe County Bar Association past presidents gather for annual meeting.
June 22, 2005... Byline: Nora A. Jones Spanning the years from 1962 (E. James Hickey) to 2005 (Michael Wolford), those who have served as president of the Monroe County Bar Association came together for an annual meeting on June 15. "The annual...

Rochester-based Dolin, Thomas & Solomon holds open house.
June 22, 2005... Byline: Daily Record Staff The law firm of Dolin, Thomas & Solomon LLP provided a look at its new office space during an open house on Thursday, June 16. The firm is now located in the historic Strong-Todd House on East Avenue. During...

Irondequoit lawyer named Root/Stimson Award recipient.
June 22, 2005... Byline: Daily Record Staff Michael P. Leone, whose "boundless energy" has benefited his own community and hundreds of people in Nigeria, is the 2005 recipient of the Root/Stimson Award for outstanding community service presented by the New...

Plea to New York Superior Court indictment affirmed.
June 22, 2005... Byline: Jill Miller Concluding the defendant's waiver of an indictment and guilty plea to a superior court information was legal, the state's highest court rejected the defendant's challenge of the waiver. In People v. Raul Lopez the...

N.Y. State Supreme Court, Erie County rules to dismiss defamation case against Buffalo newspaper.
June 22, 2005... Byline: Helen Nguyen Where the plaintiff claimed The Buffalo News made a defamatory statement about him in its newspaper, New York State Supreme Court, Erie County ruled the newspaper was entitled to summary judgment. Citing a...

Ban on cameras in courtroom upheld by NY State Court of Appeals.
June 23, 2005... Byline: Jill Miller Determining whether Civil Rights Law s. 52, which bans televised coverage of most trials, violates the federal or state Constitutions, the New York State Court of Appeals concluded there is no First Amendment or article...

U.S. Bankruptcy Court judge finds debtor's student loans were not dischargeable.
June 23, 2005... Byline: Kevin M. Momot In an adversary proceeding where the debtor sought to discharge her student loans on the basis that payment would "adversely impact her psychiatric health," U.S. Bankruptcy Court Judge Carl L. Bucki determined the...

Hanna Cohn Equal Justice Fellow to help Spanish speaking clients.
June 23, 2005... Byline: Rochester Daily Record Staff Michael Mule, a May graduate of Albany Law School of Union University, has been selected as the next Hanna S. Cohn Equal Justice Fellow. Mule will begin work in September at the Empire Justice...

Employment discrimination and retaliation claims against Eastman Kodak Co. dismissed.
June 24, 2005... Byline: Helen Nguyen Finding there was insufficient evidence that Kodak discriminated against the plaintiff because of his race and religion, the U.S. District Court for the Western District of New York granted summary judgment to Kodak....

Canandaigua Treaty of 1794 analyzed by NY State Court of Appeals.
June 24, 2005... Byline: Jill Miller The Treaty of Canandaigua of 1794 does not provide members of the Tuscarora Nation with off-reservation fishing rights on former Seneca Nation lands. This was the finding of the New York State Court of Appeals in...

Elaine Spaull, Center for Youth Services receive Howard Berman Prize.
June 24, 2005... Byline: Rochester Daily Record Staff Elaine Spaull, Ph.D. and The Center for Youth Services were honored with the 2005 Howard J. Berman Prize in recognition of the center's Street Outreach Health Program; which provides food, clothing,...

Federal courts seek rent relief.
June 24, 2005... Byline: Rochester Daily Record Staff Judiciary rental rates are almost double the rates charged tenants for comparable space, and include charges for space unfit for occupation and rent paid on buildings that have been fully amortized -...