Daily Record (Rochester, NY) articles from June 2008

Daily Record (Rochester, NY) archives from June 2008

Case Digests.
June 3, 2008... U.S. Court of Appeals for the Second Circuit First Amendment School Officials Doninger v. Niehoff 07-3885-cv Appealed from the District of Connecticut Background: The plaintiff was a junior in high school when certain comments she...

The Daily Record News Summaries: June 3, 2008.
June 3, 2008... Byline: Daily Record Staff & Wire Reports Proposed law to protect kids in state care Gov. David A. Paterson on Monday proposed new legislation to protect children in residential facilities and programs. The bill would broaden existing...

Landmark Society of Western New York features Highland Park neighborhood on home tour.
June 3, 2008... Byline: Danielle Derringer The Landmark Society of Western New York will feature the Highland Park neighborhood for the first time during the 38th annual House and Garden Tour. Formerly known as the Ellwanger Barry neighborhood, 12...

Social Security Administration: More ALJs are on the way to Buffalo office.
June 3, 2008... Byline: Elizabeth Stull The Social Security Administration (SSA) will finally assign its Buffalo office some new personnel to address lengthy processing delays. Earlier this year the SSA announced the appointment of more than 130 new...

U.S. Court of Appeals for the Second Circuit Case Summaries: June 3, 2008.(Case overview)
June 3, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit First Amendment School Officials Doninger v. Niehoff 07-3885-cv Appealed from the District of Connecticut Background: The plaintiff was a...

U.S. District Court, Western District of New York Case Summaries: June 3, 2008.(Case overview)
June 3, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Summary Judgment 'Pro Se' Motion Practice Reville v. Niagara Frontier Transportation Authority 04-CV-258A Judge Arcara Background: In this...

U.S. Bankruptcy Court, Western District of New York Case Summaries: June 3, 2008.(Case overview)
June 3, 2008... Byline: Daily Record Staff & Wire Reports U.S. Bankruptcy Court, Western District of New York Bankruptcy Trustee Fiduciary Duty In Re Jackson 01-11217 B Judge Bucki Background: The Chapter 7 trustee filed a final report asking the...

Case Digests.
June 4, 2008... U.S. Court of Appeals for the Second Circuit Immigration 'Res Judicata' Channer v. Department of Homeland Security 06-0120-pr Appealed from the District of Connecticut Background: The petitioner, a native of Jamaica, contends the...

Commentary: AAA three-year fixed income investment.
June 4, 2008... Byline: George Karpus The recent credit crunch has created an unusual opportunity wherein an astute investor can invest a small portion of a fixed income portfolio in AAA-rated fixed income securities that potentially could generate a 7...

Commentary: Do you really know your homeowner's insurance?
June 4, 2008... Byline: Michael Swanson When it comes time to insure your home, did you know there are two different types of homeowner's insurance products you can purchase? While the price may vary significantly, so does the level of coverage. Knowing...

Commentary: A remarkable month for gays.
June 4, 2008... Byline: Scott Forsyth May was a good month legally for gays and lesbians. The California Supreme Court held that same-sex couples could marry in California. Gov. David A. Paterson ordered all state agencies to recognize the same-sex...

The Daily Record News Summaries: June 4, 2008.
June 4, 2008... Byline: Daily Record Staff & Wire Reports Aug. 20 only day for election appeals The Appellate Division, Fourth Department announced that Aug. 20 is the only day scheduled for hearing appeals in proceedings concerning the September primary...

Home sales in New York State slow in first quarter of 2008.
June 4, 2008... Byline: Danielle Derringer Sales of existing single-family homes in New York State in the first quarter of 2008 slowed significantly compared to the first three months of 2007, according to new sales data released by the New York State...

Xerox notes 'false sense of security'.
June 4, 2008... Byline: Elizabeth Stull A recent survey of 203 legal professionals found 95 percent of repondents felt confident their firm or company could locate all of the electronic records related to an investigation or lawsuit, but 82 percent noted...

U.S. Court of Appeals for the Second Circuit Case Summaries: June 4, 2008.(Case overview)
June 4, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Immigration 'Res Judicata' Channer v. Department of Homeland Security 06-0120-pr Appealed from the District of Connecticut Background: The...

U.S. District Court, Western District of New York Case Summaries: June 4, 2008.(Case overview)
June 4, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York 'Habeas Corpus' Confronting Witnesses Campbell v. Poole 04-CV-6261 Judge Bianchini Background: The petitioner was convicted by a jury of...

Tax relief proposed, New York Governor Paterson pushes its benefits on the road.
June 5, 2008... Byline: Elizabeth Stull Proposed state legislation to cap school property taxes was not universally welcomed this week, even as local tax rates spiral higher and further out of proportion to personal income. Some educators question how...

The Daily Record News Summaries: June 5, 2008.
June 5, 2008... Byline: Daily Record Staff & Wire Reports Nicandri nominated to Power Authority Gov. David A. Paterson nominated Judge Eugene L. Nicandri to serve on the board of trustees of the New York Power Authority. Judge Nicandri presided in St....

Commentary: What if your life was on fire?
June 5, 2008... Byline: Robert L. Brenna Jr. The fact that life is so fragile often escapes us. There is a great line in a Paul Simon song that says,...someone could walk into this room and say your life is on fire. It's all over the evening news, all...

Commentary: Big Brother has long been watching.
June 5, 2008... Byline: James S. Wolford Unquestionably, the terrorist attacks of Sept. 11, 2001 changed our country. Under the auspices of securing the safety of its citizens, our government has initiated a number of policies and procedures that curtail...

Case Digests.
June 5, 2008... u.s. district Court, wdny Arbitration Discrimination Claim Brown v. St. Paul Travelers Companies 06-CV-688C Judge Curtin Background: The plaintiff brought action alleging the defendant terminated her employment and discriminated...

New York Gov. Paterson's tax relief proposal.
June 5, 2008... Byline: Elizabeth Stull The bill submitted generally mirrors the property tax cap proposal recommended by the commission. In particular, the bill: * Establishes a cap on school property tax levy increases of 4 percent or 120 percent of...

U.S. District Court, Western District of New York Case Summaries: June 5, 2008.(Case overview)
June 5, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Arbitration Discrimination Claim Brown v. St. Paul Travelers Companies 06-CV-688C Judge Curtin Background: The plaintiff brought action...

New York State Court of Appeals Case Summaries: June 5, 2008.(Case overview)
June 5, 2008... Byline: Daily Record Staff & Wire Reports New York State Court of Appeals Double Jeopardy Reversal -- Legal Insufficiency In Re Suarez v. Hon. John Byrne 1 No. 77 Appealed from the Appellate Division Background: The appellant was...

New York conservatives fight Gov. Paterson's same-sex order.
June 6, 2008... Byline: Elizabeth Stull A hearing date has been set for a lawsuit challenging Gov. David A. Paterson's directive that state agencies must recognize same-sex marriages performed out of state. His executive order followed the Appellate...

Nonresidential construction spending strong.
June 6, 2008... Byline: Danielle Derringer Nonresidential construction spending has risen nearly 12 percent over the past year and was up 0.7 percent in April, according to the June 2 U.S. Department of Commerce construction spending report. Total...

The Daily Record News Briefs: June 6, 2008.
June 6, 2008... Byline: The Daily Record Staff Gundersen resigns Dan Gundersen resigned as the Commissioner of the Department of Economic Development and as the Chairman of Upstate ESDC, Gov. David A. Paterson announced in a release Thursday. Dan Gundersen...

Commentary: Inside the Food, Conservation and Energy Act of 2008.
June 6, 2008... Byline: Mary M. Paul The Food, Conservation and Energy Act of 2008 (H.R. 2419), also know as the Farm Bill, has finally been enacted into law. On May 22, the U.S. Senate overrode President George W. Bush's May 21 veto of the bill by a...

U.S. District Court, WDNY Case Summaries: June 6, 2008.(Case overview)
June 6, 2008... Byline: The Daily Record Staff U.S. District Court, WDNY Attorneys Fees Social Security Garner v. Astrue 06-CV-769C Judge Curtin Background: In July 2007, the plaintiff received a favorable ruling from the district court remanding...

New York State Court of Appeals Case Summaries: June 6, 2008.(Case overview)
June 6, 2008... Byline: The Daily Record Staff New York State Court of Appeals Insurance Terrorist Acts TAG 380 LLC v. ComMet 380 Inc. 1 No. 79 Appealed from the Appellate Division Background: The facts giving rise to this suit included...

New York State Court of Appeals Case Summaries: June 9, 2008.(Case overview)
June 9, 2008... Byline: Daily Record Staff Negligence Assumption of Risk Roberts v. Boys and Girls Republic Inc. 1 No. 134 Appealed from the Appellate Division Background: While at a ballpark, the plaintiff suffered injuries when a baseball...

Case Digests.
June 9, 2008... U.S. DISTRICT COURT, WDNY SOCIAL SECURITY Disability McGee v. Barnhart 06-CV-0037-T Judge Telesca Background: The plaintiff brought suit for review of a Social Security determination denying his application for disability insurance benefits. He...

Proposed tax relief good for residential market in N.Y.
June 9, 2008... Byline: Danielle Derringer Gov. David A. Paterson's proposal last week to cap school property taxes could bring added benefits to the state's residential real estate market, several real estate agents agreed. We have to do something...

The Daily Record News Briefs: June 9, 2008.
June 9, 2008... Byline: Daily Record Staff Paterson nominates Wilmers Gov. David A. Paterson on Thursday announced his nomination of Robert G. Wilmers, chairman and CEO of M&T Bank Corp., to serve as chairman of New York State's economic development...

U.S. District Court, Western District of N.Y. Case Summaries: June 9, 2008.(Case overview)
June 9, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. SOCIAL SECURITY Disability McGee v. Barnhart 06-CV-0037-T Judge Telesca Background: The plaintiff brought suit for review of a Social Security determination...

U.S. District Court, Western District of N.Y. Case Summaries: June 9, 2008.(Case overview)
June 9, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. SOCIAL SECURITY Disability McGee v. Barnhart 06-CV-0037-T Judge Telesca Background: The plaintiff brought suit for review of a Social Security determination...

N.Y. State Court of Appeals Case Summaries: June 9, 2008.(Case overview)
June 9, 2008... Byline: Daily Record Staff New York State Court of Appeals Negligence Assumption of Risk Roberts v. Boys and Girls Republic Inc. 1 No. 134 Appealed from the Appellate Division Background: While at a ballpark, the plaintiff...

U.S. District Court Western District of New York Case Summaries: June 10, 2008.(Case overview)
June 9, 2008... Byline: Daily Record Staff Social Security Disability McGee v. Barnhart 06-CV-0037-T Judge Telesca Background: The plaintiff brought suit for review of a Social Security determination denying his application for disability...

Western New Yorkers on the Move: June 10, 2008.
June 10, 2008... Byline: Danielle Derringer EPIC Advisors Inc. announced Robert Newton, a business manager with the company, was awarded the Accredited Investment Fiduciary Analyst (AIFA[R]) designation from Fiduciary 360. The designation signifies the...

Case Digests.
June 10, 2008... U.S. Court of Appeals for the Second Circuit Railway Labor Act Notice Ollman v. Special Board of Adjustment No. 1063 05-1706-cv Appealed from the Western District of New York Background: The appeal is from an order by Judge Siragusa...

Commentary: A judge's discretion in making rulings.
June 10, 2008... Byline: Gary Muldoon In applying the law, a judge often is not confined to a binary yes/no decision, but rather has a range of alternatives to consider. A judge often has discretion, also, in determining whether to apply a legal principle...

The Daily Record News Summaries: June 10, 2008.
June 10, 2008... Byline: Daily Record Staff & Wire Reports Community design workshop announced City of Rochester Mayor Robert J. Duffy announced Monday that the Department of Community Development will host a Community Design Workshop from 9 a.m. to 1 p.m....

Nonresidential employment down nationally, not in Rochester, New York.
June 10, 2008... Byline: Danielle Derringer Nonresidential building construction suffered additional job losses in May as employment declined natinally by 5,900 jobs on a seasonally-adjusted basis, according to the June 6 employment report by the U.S....

U.S. Court of Appeals for the Second Circuit Case Summaries: June 10, 2008.(Case overview)
June 10, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Railway Labor Act Notice Ollman v. Special Board of Adjustment No. 1063 05-1706-cv Appealed from the Western District of New York Background:...

U.S. District Court, Western District of New York Case Summaries: June 10, 2008.(Case overview)
June 10, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Adoption Consent In Re Seasia D. 2 No. 136 Appealed from the Appellate Division Background: In this contested adoption proceeding, Mr. and Mrs....

New York State Court of Claims Case Summaries: June 10, 2008.(Case overview)
June 10, 2008... Byline: Daily Record Staff & Wire Reports New York State Court of Claims Insurance Serious Injury Gilmore v. State of New York 2008-037-021 Judge Moriarty Background: The claimant was rear-ended by a vehicle driven by an employee...

Appellate Division, Fourth Department Case Summaries: June 10, 2008.(Case overview)
June 10, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Hayward KA 06-02173 Appealed from Ontario County Court Background: The defendant was...

Case Digests.
June 11, 2008... U.S. Supreme Court Equal Protection Public Employment Engquist v. Oregon Department of Agriculture No. 07-474 Appealed from the Ninth Circuit Background: The petitioner, who is an Oregon public employee, filed suit against her...

U.S. Supreme Court Case Summaries: June 11, 2008.(Case overview)
June 11, 2008... Byline: Daily Record Staff & Wire Reports U.S. Supreme Court Equal Protection Public Employment Engquist v. Oregon Department of Agriculture No. 07-474 Appealed from the Ninth Circuit Background: The petitioner, who is an Oregon...

U.S. Court of Appeals for the Second Circuit Case Summaries: June 11, 2008.(Case overview)
June 11, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Title VII Test Scores Ricci v. Destefano 06-4996-cv Appealed from the District of Connecticut Background: The district court granted the...

U.S. District Court, Western District of New York Case Summaries: June 11, 2008.(Case overview)
June 11, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Professional Responsibility Conflict of Interest U.S. v. Benacquista 08-CR-94A Judge Scott Background: Before Judge Scott is the...

Appellate Division, Third Department Case Summaries: June 11, 2008.(Case overview)
June 11, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Third Department Ineffective Assistance Jurisdictional Defect People v. Antoniou 100062 Judge Moriarty Background: The defendant filed a motion for a writ of error...

Appellate Division, Fourth Department Case Summaries: June 11, 2008.(Case overview)
June 11, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Fourth Department Prosecutorial Misconduct Hearsay People v. Ballerstein KA 07-00546 Appealed from Wyoming County Court Background: In a child sex offense trial, the...

Housing Council of Rochester event attempts to curb foreclosures locally.
June 11, 2008... Byline: Danielle Derringer The City of Rochester, along with much of the rest of the country, is facing damaging numbers of foreclosures due to subprime and other predatory loan types. This Saturday, The Housing Council of Rochester will...

The Daily Record News Summaries: June 11, 2008.
June 11, 2008... Byline: Daily Record Staff & Wire Reports New administration officials announced Gov. David A. Paterson on Tuesday announced several appointments to state boards and commissions. Elizabeth B. Hubbard was appointed to the Commission on...

Commentary: A close call for municipal bond investors.
June 11, 2008... Byline: Brett Gardner Despite the numerous problems facing the financial marketplace, one controversial issue has been resolved regarding the taxability of the $2.5 trillion municipal bond market. Department of Revenue of Kentucky v....

Case Digests.
June 12, 2008... U.S. Court of Appeals for the Second Circuit Due Process Sentencing U.S. v. Brumer 07-0715-cr Appealed from the Southern Background: The defendant pleaded guilty to mail fraud and other fraud charges and on appeal he argues he was...

The Daily Record News Summaries: June 12, 2008.
June 12, 2008... Byline: Daily Record Staff & Wire Reports City requests release of housing funds The City of Rochester is submitting a request to the U.S. Department of Housing and Urban Development for the release of Community Development Block Grant...

Community development work in Rochester honored.
June 12, 2008... Byline: Danielle Derringer Last week, NeighborWorks Rochester held the sixth annual Standing Together Achieving Results (STAR) Awards, honoring winners in a variety of efforts towards community development in Rochester. Shane Bartholf was...

U.S. Court of Appeals for the Second Circuit Case Summaries: June 12, 2008.(Case overview)
June 12, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Due Process Sentencing U.S. v. Brumer 07-0715-cr Appealed from the Southern Background: The defendant pleaded guilty to mail fraud and other...

U.S. District Court, Western District of New York Case Summaries: June 12, 2008.(Case overview)
June 12, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Failure to Prosecute Civil Rights Skinner v. Chapman 06-CV-6119L Judge Payson Background: The plaintiff brought suit alleging the...

New York State Court of Appeals Case Summaries: June 12, 2008.(Case overview)
June 12, 2008... Byline: Daily Record Staff & Wire Reports New York State Court of Appeals Labor Law Wages Pachter v. Bernard Hodes Group Inc. No. 86 Certified Questions from Second Circuit Background: The Second Circuit certified two questions...

Appellate Division, Fourth Department Case Summaries: June 12, 2008.(Case overview)
June 12, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Fourth Department Insurance Law Serious Injury Lux v. Jakson CA 07-02716 Appealed from Supreme Court, Erie County Background: The plaintiff injured her back in an...

Rochester real estate shaping up for second half.
June 13, 2008... Byline: Danielle Derringer A gain in the level of home sales is foreshadowing an improvement for the second half of the year, according to the latest market health forecast from the National Association of Realtors (NAR). The Pending Home...

The Daily Record News Briefs: June 13, 2008.
June 13, 2008... Byline: The Daily Record Staff Xerox simplifying loan process In a move to help the mortgage industry process loans faster and enhance customer service, Xerox Mortgage Services recently added e-signature, a secure way to complete...

Commentary: Using GPS to navigate a financial path.
June 13, 2008... Byline: Kenneth J. Burke I'm Lost. Have you been lost and wished you better prepared with maps, directions or even the full blown GPS system? The consequences of driving around believing that eventually you'll find your way based on your...

U.S. Court of Appeals, Second Circuit Case Summaries: June 13, 2008.(Case overview)
June 13, 2008... Byline: The Daily Record Staff U.S. Court of Appeals for the Second Circuit Securities Fraud -- Sentencing U.S. v. Leonard 05-5523-cr Appealed from the Eastern District of New York Background: For the purposes of sentencing in...

Appellate Division, Fourth Department Case Summaries: June 13, 2008.(Case overview)
June 13, 2008... Byline: The Daily Record Staff Appellate Division, Fourth Department Illegal Sentence Post-Release Supervision People v. Brown KA 07-01017 Appealed from Niagara County Court Background: The defendant was convicted of a class D...

New York State Court of Appeals Case Summaries: June 13, 2008.(Case overview)
June 13, 2008... Byline: The Daily Record Staff New York State Court of Appeals Election Law Party Nominations Conroy v. State Committee of the Independence Party of New York 2 No. 90 Appealed from the Appellate Division Background: In June 2007,...

U.S. District Court, WDNY Case Summaries: June 13, 2008.(Case overview)
June 13, 2008... Byline: The Daily Record Staff U.S. District Court, WDNY Social Security Disability Poliniak v. Barnhart 06-CV-0196T Judge Telesca Background: The plaintiff brought suit challenging the denial of his application for disability...

New York State Court of Appeals rules prosecutor's failure is a Brady violation.
June 16, 2008... Byline: Daily Record Staff People v. Hunter, 3 No. 92, New York State Court of Appeals, opinion by Judge Robert S. Smith Is it a Brady violation when a prosecutor fails to disclose to the defendant that the alleged victim subsequently...

Commentary: Surviving Mr. Market Volatility's wild ride.
June 16, 2008... Byline: Aiden P. Hannan What a wild ride it has been so far in 2008. We experienced one of the worst first quarters in the stock market in a generation -- not the best way to start the year! Since then, the markets have stabilized...

The Daily Record News Briefs: June 16, 2008.
June 16, 2008... Byline: Daily Record,Staff New partnership in housing initiative The Realtors Charitable Foundation and NeighborWorks Rochester announced a new partnership last week to benefit a neighborhood of about 150 houses in the City of Rochester,...

New York State Court of Appeals unlikely inferences do not a felony make.
June 16, 2008... Byline: Nicole Black Last week the New York State Court of Appeals handed down its decision in People v. Finley, 2008 WL 2338613. At issue was whether small amounts of marijuana smuggled into New York correctional facilities by inmates...

Appellate Division, Fourth Department Case Summaries: June 16, 2008.(Case overview)
June 16, 2008... Byline: Daily Record Staff Appellate Division, Fourth Department Sex Offense Duplicitous Counts People v. Bennett KA 06-02133 Appealed from Niagara County Court Background: The defendant was convicted of eight sex offense...

New York State Court of Appeals Case Summaries: June 16, 2008.(Case overview)
June 16, 2008... Byline: Daily Record Staff New York State Court of Appeals Property Valuation -- Lease Terms 936 Second Ave. LP v. Second Corporate Development Co. 1 No. 94 Appealed from the Appellate Division Background: At issue in this lease...

New York law guardians provide a voice to the voiceless.
June 17, 2008... Byline: Eric Walter Over the course of their duties, attorneys like Katherine Gladstone and Kevin Taylor deal regularly with cases involving child protective services, custody and visitation, juvenile delinquency and more. Frequently they...

Home sales in Rochester warming up for early summer.
June 17, 2008... Byline: Danielle Derringer Existing single-family home sales are up by 10.7 percent compared to last month, according statistics released last week by the Genesee Region Real Estate Information Service (GENRIS), the information subsidiary...

The Daily Record News Summaries: June 17, 2008.
June 17, 2008... Byline: Daily Record Staff & Wire Reports New teen centers announced City of Rochester Mayor Robert J. Duffy and others on Monday announced the opening of new Teen Centers and the expansion of youth programs at the Lyell (956 Lyell Ave.)...

Commentary: CPA Talks.
June 17, 2008... Byline: Francis G. Marchese Frustrated by employee absenteeism and the negative impact it has on your operations, customer support, and profit level? Are you looking for ways to improve the attendance and productivity of your workers?...

Commentary: Critical Thinking.
June 17, 2008... Byline: David J. Kozlowski If you research any of the topics covered in previous Critical Thinking columns, invariably you'll come across information promoting both the credulous and the skeptical points of view. For every Web site...

Case Digests.
June 17, 2008... U.S. Court of Appeals for the Second Circuit Immigration Asylum Li v. Mukasey 04-3985-ag Appealed from the Board of Immigration Appeals Background: The petitioner is a native of China who claims to have been persecuted in that country...

U.S. Court of Appeals for the Second Circuit Case Summaries: June 17, 2008.(Case overview)
June 17, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Immigration Asylum Li v. Mukasey 04-3985-ag Appealed from the Board of Immigration Appeals Background: The petitioner is a native of China who claims...

U.S. District Court, Western District of New York Case Summaries: June 17, 2008.(Case overview)
June 17, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Legal Ethics Party Communications Malta v. Slagle 05-CV-342S Judge Skretny Background: The Village of Celoron's Board of Trustees is a...