Daily Record (Rochester, NY) articles from June 2006

Daily Record (Rochester, NY) archives from June 2006

Federal sentencing guidelines may be changing later this year.
June 1, 2006... Byline: Daily Record Staff The U.S. Sentencing Commission has approved a number of changes to the federal sentencing guidelines for drug offenses and terrorist acts, as well as a number of other amendments.Some of the revisions stem from...

New York State Court of Appeals lists filings for May 12-18, 2006.
June 1, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals.Some of these filed appeals may never reach...

Monroe County judge says vehicle stop based on a 'hunch' was not justified.
June 1, 2006... Byline: Sarah M. Feingold Where the defendant was driving below the speed limit, an officer pulled him over and he was charged with Driving While Intoxicated. The defendant moved to suppress the evidence.Reviewing the facts in People v....

U.S. District Court for the Western District of NY grants protective order in patent case.
June 2, 2006... Byline: Helen Nguyen In a recent patent infringement case before the U.S. District Court for the Western District of New York, the court concluded there was "good cause" to grant the defendant's motion for a protective order limiting the...

State of New York Commission of Investigation reports on gang violence, crime.
June 2, 2006... Byline: Dailly Record Staff Reports The State of New York Commission of Investigation (SIC) recently released a report titled "Combating Gang Activity in New York -- Suppression, Intervention, Prevention." The report is based on a...

Unassisted divorce process made easier for New Yorkers.
June 2, 2006... Byline: Dailly Record Staff Report With the Unified Court System's new Uncontested Divorce Packet, New Yorkers seeking an uncontested divorce without the assistance of an attorney will have a new tool to help them. The new packet,...

Rochester Legal Briefs: June 2, 2006.
June 2, 2006... Byline: Dailly Record Staff Report In civil decisions by the Appellate Division, Fourth Department, issues raised included a judgment setting aside the verdict after a "summary jury trial," application of collateral estoppel, and whether...

Rochester Legal Briefs: June 2, 2006.
June 2, 2006... Byline: Daily Record Staff In civil decisions by the Appellate Division, Fourth Department, issues raised included a judgment setting aside the verdict after a "summary jury trial," application of collateral estoppel, and whether injuries...

Unassisted divorce process made easier in New York.
June 2, 2006... Byline: Daily Record Staff With the Unified Court System's new Uncontested Divorce Packet, New Yorkers seeking an uncontested divorce without the assistance of an attorney will have a new tool to help them. The new packet, announced by...

State of NY Commission of Investigation reports on gang violence, crime.
June 2, 2006... Byline: Daily Record Staff Recommendations focus on expanding prevention and intervention programsThe State of New York Commission of Investigation (SIC) recently released a report titled "Combating Gang Activity in New York --...

Protective order granted in patent case.
June 2, 2006... Byline: Helen Nguyen In a recent patent infringement case before the U.S. District Court for the Western District of New York, the court concluded there was "good cause" to grant the defendant's motion for a protective order limiting the...

Intent was lacking regarding harassment claim, Webster Town Court judge holds.
June 5, 2006... Byline: Sarah M. Feingold Where the complainant alleged that the defendant was guilty of Harassment in the Second Degree, the defendant claimed he did not have the "intent" necessary to support the charge.Reviewing the facts in People v....

Mark H. Alcott takes office as president of New York State Bar Association.
June 5, 2006... Byline: Dailly Record Staff Report Mark H. Alcott, a senior litigation partner with the New York City office of Paul, Weiss, Rifkind, Wharton & Garrison, has assumed the office of president of the New York State Bar Association as of June...

Rochester Legal Briefs: June 5, 2006.
June 5, 2006... Byline: Daily Record Staff In family law appeals, the Appellate Division, Fourth Department addressed the sufficiency of a juvenile delinquency petition and also whether a trial judge properly informed a parent that custody could be...

Title insurance companies agree to major reforms, says NY state attorney general.
June 5, 2006... Byline: Dailly Record Staff Report Two title insurance companies agreed to resolve investigations related to illegal rebates and referral fees.Under first-of-their-kind agreements, Fidelity National Title Group, Inc. and First American...

Mark H. Alcott takes office as NYSBA president.
June 6, 2006... Mark H. Alcott, a senior litigation partner with the New York City office of Paul, Weiss, Rifkind, Wharton & Garrison, has assumed the office of president of the New York State Bar Association as of June 1.Alcott's first act as president was to...

Mark H. Alcott takes office as NYSBA president.
June 6, 2006... Byline: Daily Record Staff Mark H. Alcott, a senior litigation partner with the New York City office of Paul, Weiss, Rifkind, Wharton & Garrison, has assumed the office of president of the New York State Bar Association as of June...

GMC ordered to produce pension plan.
June 6, 2006... Byline: Helen Nguyen Where the plaintiff alleged that the defendants breached their fiduciary duties by failing to advise him that he was eligible for pension benefits, and by failing to provide him with certain pension plan documents, the...

U.S. District Court, Western District N.Y. orders GMC to produce pension plan.
June 6, 2006... Byline: Helen Nguyen Where the plaintiff alleged that the defendants breached their fiduciary duties by failing to advise him that he was eligible for pension benefits, and by failing to provide him with certain pension plan documents, the...

Rochester Legal Briefs: June 6, 2006.
June 6, 2006... Byline: Daily Record Staff In criminal law appeals, the Fourth Department addressed what proof was necessary to show drug possession when that drug was consumed and unavailable for analysis. The appeals court also addressed an appeal where...

U.S. District Court for the Western District of NY orders GMC to produce pension plan documents.
June 6, 2006... Byline: Helen Nguyen Where the plaintiff alleged that the defendants breached their fiduciary duties by failing to advise him that he was eligible for pension benefits, and by failing to provide him with certain pension plan documents, the...

Judge Townsend to receive NY State Bar Assn.'s Levine Award today.
June 6, 2006... Byline: Dailly Record Staff Report Two administrative judges with "strong interests in improving the family court system" have been recognized with the New York State Bar Association's 2006 Howard A. Levine Award for Excellence in Juvenile...

Monroe County bankruptcy filings down 75 percent for the quarter.
June 6, 2006... Byline: Dailly Record Staff Report During the first quarter of 2006, consumer bankruptcy filings nationwide dropped by approximately 70 percent to the lowest number since 1985. In the Rochester region, filings dipped 72 percent. In Monroe...

U.S. District Court rules existence of comprehensive statute precludes private lawsuit for same issu.
June 7, 2006... Byline: Helen Nguyen Does the existence of a comprehensive statute, such as Title VI of the Civil Rights Act, preclude a private lawsuit for the same issue under 42 USC s. 1983? Yes it does, held the U.S. District Court for the Western...

NY State Supreme Court orders release of petitioner, restoration to community-based parole supervisi.
June 7, 2006... Byline: Sarah M. Feingold In State of New York On Relation of Paul Ryniec v. Willard Drug Treatment Campus and the Chairman of the New York State Board of Parole, Acting New York State Supreme Court, Seneca County Judge W. Patrick Falvey...

N.Y. judicial candidates to undergo ethics training.
June 7, 2006... Byline: Daily Record Staff Starting this year, candidates in judicial elections in New York will be required to complete ethics training, according to a new rule approved by the New York State Administrative Board of the Courts. The rule...

U.S. District Court for Western District of NY rules partially executed contract was enforceable.
June 8, 2006... Byline: Helen Nguyen Concluding a partially executed contract that has not been signed by all parties can still be binding and enforceable, the U.S. District Court for the Western District of New York upheld a ruling by the bankruptcy...

City of Niagara Falls settles worker discrimination case.
June 8, 2006... Byline: Dailly Record Staff Report The City of Niagara Falls has reinstated a city maintenance worker who had been fired for complaining about workplace safety issues.Following an investigation by the State Dept. of Labor and the Satte...

U.S. Court, Western District of N.Y. rules ADHD child did not meet standard for disability.
June 9, 2006... Byline: Helen Nguyen Despite a 10-year-old's diagnosis of attention deficit hyperactivity disorder (ADHD), the U.S. Court for the Western District of New York did not find the child to be "disabled" under the Social Security Act.In...

N.Y. State Supreme Court examines infant fall in TJ Maxx case.
June 9, 2006... Byline: Sarah M. Feingold Where an infant fell in a store operated by the defendant, the mother moved to recover compensatory damages for personal injuries. The store moved for summary judgment on the ground that it neither created a...

Senate Judiciary Committee examines asbestos compensation bill.
June 9, 2006... Byline: Kevin M. Momot Earlier this week, the Senate Judiciary Committee held a hearing on the proposed Fairness in Asbestos Injury Resolution (FAIR) Act, renewing discussion of the legislation.The FAIR Act calls for a $140 billion fund...

U.S. District Court rules continuing violation doctrine does not apply to employment discrimination.
June 12, 2006... Byline: Helen Nguyen Concluding the continuing violation doctrine does not apply to the plaintiff's hostile working environment, race discrimination and retaliation claims against his former employers, the U.S. District Court for the...

Erie County company caught in telemarketing scheme.
June 12, 2006... Byline: Daily Record Staff A total of $110,000 in restitution and civil penalties has been secured from three Erie County individuals who targeted senior citizens through a telemarketing scam involving the sale of winning lottery...

Rochester mayor announces ferry sale to occur within eight business days from today.
June 12, 2006... Byline: Daily Record Staff Rochester Mayor Robert J. Duffy announced last week the anticipated completion of the purchase of the fast ferry to Euroferries Ltd. will occur within eight business days from today.In addition, Euroferries will...

Jill Schultz sworn in as new Monroe County Bar President -- Part One.
June 13, 2006... Byline: Nora A. Jones Jill K. Schultz, partner at Nixon Peabody, LLP, became the sixth woman to be installed as president of the Monroe County Bar Association. Sworn in by U.S. District Court Judge Michael A. Telesca on June 8, the...

Two Rochester area service workers face charges of Medicaid fraud.
June 13, 2006... Byline: Daily Record Staff Two Rochester area social service workers pleaded guilty to felony larceny charges. One defendant was convicted for fraudulently causing Medicaid to pay for services that were not provided and the other for...

New legislation in N.Y. helps to protect consumers against identity theft.
June 13, 2006... Byline: Daily Record Staff Late last week Gov. George E. Pataki signed three bills designed to protect consumers against identity theft:Security Freeze LawThe first piece of legislation, Security Freeze Law, allows consumers, who are...

Monroe County Bar Assn. celebrates law firms with 50 years in practice.
June 14, 2006... Byline: Nora A. Jones The Monroe County Bar Association's annual Installation Dinner has, for many years, included a special salute to members of the bar who have been in practice for 50 years. Those recognized from the "Class of 1956"...

Four Corners Building in Rochester is now the Telesca Center for Justice.
June 14, 2006... Byline: Daily Record Staff At the Monroe County Bar Association's annual dinner on Thursday, June 8, it was announced that the Four Corners Building, home of the MCBA and new home of the four civil legal service providers (The Legal Aid...

U.S. District Court, Western District N.Y. denies equitable relief in plaintiff's ERISA action.
June 14, 2006... Byline: Helen Nguyen Where the plaintiff sought equitable relief with regard to her former husband's pension plan, the U.S. District Court for the Western District of New York in Melvin v. U.A. Local 13 Pension Plan, et al., ruled the...

U.S. District Court, rules police search was admissible pursuant to "good faith" exception.
June 15, 2006... Byline: Helen Nguyen The defendant's motion to suppress cocaine, drug paraphernalia and a firearm seized from his home was granted in New York State Supreme Court. However, when his case went to the U.S. District Court for the Western...

Monroe County Court denies motion to open default judgment.
June 15, 2006... Byline: Kevin M. Momot Where the plaintiff argued his attorney was not given notice of an arbitration proceeding and a default judgment was awarded to the defendant dismissing the action, the plaintiff appealed the court's denial to open...

Stephen R. Lamantia assumes Erie County Bar presidency.
June 15, 2006... Byline: Daily Record Staff Attorney Stephen R. Lamantia was sworn in as president of the Bar Association of Erie County at its 119th Annual Meeting and Election held on Friday, June 9. Cheryl Smith Fisher was elected vice president in...

NY Court of Appeals lists more May 2006 filings.
June 15, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week.Some of these filed appeals may never reach decision on the merits because of dismissal on motion,...

Rochester Legal Briefs: June 15, 2006.
June 15, 2006... Byline: Daily Record Staff In family law decisions, the Appellate Division, Fourth Department reviewed issues of a litigious pro se filing lawsuits, relocation of a custodial parent, and the right to custody where neglect has been found...

U.S. District Court for the Western District of NY rules no infringement of 'Blizzard' trademark.
June 19, 2006... Byline: Helen Nguyen In an action where the plaintiffs and the defendant both use trademarks that contain the word "Blizzard," the U.S. District Court for the Western District of New York concluded that the defendant did not infringe on...

NY governor proposes increased sentence for crimes involving firearms.
June 19, 2006... Byline: Daily Record Staff Writer Gov. George E. Pataki proposed legislation that would amend the New York State Penal Law to require an additional and mandatory consecutive sentence for those who commit a violent felony offense or a drug...

Rochester Legal Briefs: June 19, 2006.
June 19, 2006... Byline: Daily Record Staff In personal injury appeals, the Appellate Division, Fourth Department addressed constitutional and common-law malice in the context of a defamation lawsuit. The appeals court also reviewed the amount of damages...

Fair housing agency recovers $25K settlement in U.S. district court discrimination case.
June 20, 2006... Byline: Daily Record Staff The Fair Housing Enforcement Project of the Monroe County Legal Assistance Center (MCLAC) received a favorable settlement in Aldridge v. M.M. Morris Assoc., Inc., et al., filed in the U.S. District Court, Western...

EMI Music North America agrees to settle payola allegations.
June 20, 2006... Byline: Daily Record Staff EMI Music North America has agreed to end its "pay-for-play" practices in the music industry. EMI -- which includes Virgin Records America, Capitol Records, EMI Christian Music Group and S Curve Records -- is one...

Existing single-family home sales in Rochester area rise 12 percent in May.
June 20, 2006... Byline: Kevin M. Momot, According to the Greater Rochester Association of Realtors, year-to-date existing single-family home sales are up by .8 percent compared to 2005, and by 12 percent compared to last month. The average sale price of...

Across The U.S.: Verdicts And Settlements.
June 20, 2006... Byline: Daily Record Staff Here's a quick glimpse of several noteworthy verdicts and settlements from various states, as compiled by Dolan Media Newswires:$3.2M settlement over used pillsA class-action lawsuit over pills allegedly recycled...

Rochester Legal Briefs: June 20, 2006.
June 20, 2006... Byline: Daily Record Staff In civil decisions by the Appellate Division, Fourth Department, issues involving defamation and statute of limitations were examined. CIVIL DECISIONS Notice of claim -- Class action -- Statute of limitations...

Strengthening the local justice courts in New York.
June 21, 2006... Byline: Daily Record Staff The New York State court system will develop and implement an action plan for improving the operations of the more than 1,300 town and village justice courts in the state, as presided over by approximately 2,000...

NYSBA urges Legislature to pass Family Health Care Decision Act.
June 21, 2006... Byline: Daily Record Staff With the New York State Legislature entering the last week of its legislative session, the state bar association renewed its call for both houses to reach agreement and pass the Family Health Care Decision Act...

New York State Court of Appeals lists most recent filings.
June 21, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach...

Plaintiff with history of mental illness may be entitled to 'trial work period'.
June 22, 2006... Byline: Helen Nguyen Concluding the administrative law judge failed to determine if the plaintiff was entitled to a "trial work period" of nine months, the U.S. District Court for the Western District of New York remanded the case back to...

Xerox to acquire e-discovery service provider.
June 22, 2006... Byline: The Daily Record Staff To expand its document management services business, Xerox Corp. has agreed to acquire privately-held Amici LLC for $174 million. Amici is a provider of electronic-discovery services, primarily supporting...

Management of pension plan funds disputed in U.S. District Court for W. District of NY.
June 23, 2006... Byline: Helen Nguyen In a case where the plaintiff sought to add counterclaims for professional malpractice, breach of contract and fraud, the U.S. District Court for the Western District of New York held that the counterclaims were...

New writer/reporter joins 'Daily Record' team.
June 23, 2006... Byline: Dailly Record Staff Report Tara E. Buck joined the reporting staff of The Daily Record this week. She most recently worked locally as an independent, freelance writer, contributing to local publications including the Rochester...

NY Senate agrees on criminal justice legislation.
June 23, 2006... Byline: Dailly Record Staff Report The New York State Senate reached an agreement this week on criminal justice legislation that will expand the state's DNA databank, eliminate the statute of limitations for rape victims and increase...

Rochester Legal Briefs: June 23, 2006.
June 23, 2006... Byline: Dailly Record Staff Report In Appellate Division, Fourth Department family law decisions, the court evaluated a divorce stipulation regarding college education expenses. FAMILY LAW College expenses The parties to a divorce...

Appellate Division, Fourth Dept. honors law guardians at awards ceremony.
June 26, 2006... Byline: Helen Nguyen Six law guardians from the Fifth, Seventh and Eighth Judicial Districts were presented with the Hon. Michael F. Dillon Law Guardian Award at a special ceremony held at the Appellate Division, Fourth Department on...

Nominations due for 'Up & Coming Attorneys' from the Seventh Judicial.
June 26, 2006... Byline: Daily Record Staff The Daily Record is once again spotlighting some of the "younger" attorneys in the Rochester area who have demonstrated a commitment to the legal profession early in their careers, distinguishing themselves from...

A review of publications for Labor & Employment Law attorneys.
June 26, 2006... Byline: Dailly Record Staff Report The following is a list of publications of interest to attorneys practicing in the area of Labor & Employment Law: Age Discrimination in Employment Law This book serves as a resource for counseling, and...

U.S. Supreme Court:: Clean Water Act case makes waves.
June 27, 2006... Byline: Tara E. Buck Debate is swirling about the U.S. Supreme Court's issuance of a split decision last week, which held that regulators may have misinterpreted the federal Clean Water Act (CWA) when they refused to allow two Michigan...

Rochester's Fast Ferry transfer delayed.
June 27, 2006... Byline: Tara E. Buck Rochester City Corporation Counsel Thomas S. Richards has been busy these last few weeks making last minute legal preparations to ensure the Fast Ferry's transfer to England. Recent legal dotting of i's and crossing of...

Can an unconscionable attorney's fee agreement be ratified?
June 28, 2006... Byline: Helen Nguyen The rock band Lynyrd Skynyrd made millions of dollars from songs such as "Sweet Home Alabama." An attorney representing a former band member received a total of $527,000 based on a contingency-fee agreement which...

American Bar Assn. endorses voluntary mediation in Med Mal cases.
June 28, 2006... Byline: Daily Record Staff For decades the ABA has supported the use of, and experimentation with, voluntary alternative dispute resolution techniques as welcome components of the justice system in the United States, provided the...

NY State Court of Appeals lists more June filings.
June 28, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach...

Rochester-area attorneys react to NY state's restrictions on advertising.
June 29, 2006... Byline: Tara E. Buck New York State's court system is cracking down on aggressive and misleading attorney advertising through a new set of restrictions that many area attorneys agree will be beneficial to their profession. The changes also...

Ability to 'ambulate' focus of disability case before U.S. District Court for W. District of NY.
June 29, 2006... Byline: Helen Nguyen In a recent Social Security disability case where the plaintiff claimed she was disabled due to back and shoulder problems, the U.S. District Court for the Western District of New York affirmed the Social Security...

N.Y. Court of Appeals opts for removal of judge.
June 30, 2006... Byline: Helen Nguyen In a unique case where a judge helped a defendant avoid being arrested, a 5 to 2 New York State Court of Appeals rejected the judge's contention that censure was the more appropriate remedy and instead ordered that the...

Klonick named vice-chairman of N.Y. State Commission on Judicial Conduct.
June 30, 2006... Byline: Tara E. Buck Thomas A. Klonick, a part-time judge for the Town of Perinton and a private practice attorney in Fairport, was recently elected to a two-year term as vice-chairman of the New York State Commission on Judicial Conduct....

N.Y. State Attorney General's office uncovers Niagara Falls cocaine trafficking operation.
June 30, 2006... Byline: Daily Record Staff A total of 19 people were charged in five separate indictments stemming from their participation in a large-scale cocaine trafficking operation and associated gang activity in Niagara Falls. One additional person...

U.S. Court of Appeals, Second Circuit of N.Y. is moving.
June 30, 2006... Byline: Daily Record Staff The Clerk's Office of the U.S. Court of Appeals for the Second Circuit will be moving from its present location at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007, to the...

N.Y. State Court of Appeals lists more June filings.
June 30, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach...