Daily Record (Rochester, NY) articles from June 2009

Daily Record (Rochester, NY) archives from June 2009

High Falls brewery in Rochester: 'Turn that brewery around'.
June 5, 2009... Byline: Colleen M. Farrell North American Breweries announced Thursday that it will spend $10 million on the High Falls brewery in an effort to spruce up its brand image and sales. The investment will be split over the remainder of this...

Judicial pay issue could be heard at N.Y. Court of Appeals.
June 5, 2009... Byline: Elizabeth Stull The last of three cases challenging New York's longtime failure to give state judges a raise will be argued Tuesday. Justice Edward Lehner in New York City scheduled oral arguments in the case of Kaye v. Silver,...

Daily Record News Briefs: June 5, 2009.
June 5, 2009... Byline: Daily Record Staff Ren Square fundraising team formed Local business leaders on Thursday announced that they are teaming up to lead a three-year fundraising initiative to secure money to build a performing arts center at...

Commentary: Who is Gen Y, what do they want?
June 5, 2009... Byline: Katherine Welc Who is Generation Y, and what do they want? Generally, researchers consider those born in the late 1970s through the mid-1990s to be part of Generation Y. About 75 percent of its members had working mothers and 25...

Case Digests.
June 5, 2009... U.S. Court of Appeals for the Second Circuit Blue Sky Laws Holmes v. Grubman 06-5246-cv Appealed from the Southern District of New York Background: The appellants, William K. Holmes and entities under his control, appeal from an order of...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: June 5, 2009.(Case overview)
June 5, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Blue Sky Laws Holmes v. Grubman 06-5246-cv Appealed from the Southern District of New York Background: The appellants, William K. Holmes and entities under his...

U.S. Bankruptcy Court, Western District of N.Y. Case Summaries: June 5, 2009.(Case overview)
June 5, 2009... Byline: Daily Record Staff U.S. Bankruptcy Court, Western District of N.Y. Unsecured Creditors Undisclosed Assets -- Revocation of Confirmation In Re Richard Cram and Pamela Cram 04-21130 Judge Ninfo Background: The Crams filed a...

U.S. Bankruptcy Court, Northern District of N.Y. Case Summaries: June 5, 2009.(Case overview)
June 5, 2009... Byline: Daily Record Staff U.S. Bankruptcy Court, Northern District of N.Y. Social Security Batchelder v. Commissioner of Social Security 07-CV-354 Judge Kahn Background: Plaintiff Fred Batchelder, who suffers from neck and shoulder...

Case Digests.
June 8, 2009... New York State court of appeals Consent Decree Modification Callahan v. Carey No. 98 Appealed from the Appellate Division Background: On Oct. 2, 1979, plaintiff Robert Callahan and other homeless men living in New York City brought a...

Commentary: The whistleblowers among us.
June 8, 2009... Byline: Gina Bliss In the fraud arena, whistleblowers are heroes. Time magazine selected three whistleblowers as its People of the Year in 2002. Harry Markopolos recently became famous for trying, and trying, to blow the whistle on...

Commentary: Lawyers need to get a life.(Conference notes)
June 8, 2009... Byline: Nicole Black Last week I attended the Get a Life conference in Chicago. Its goal? Help attorneys discover how to run [their] practice without running [themselves] into the ground. It was a great conference -- really interesting...

Daily Record News Briefs: June 8, 2009.
June 8, 2009... Byline: Daily Record Staff Cellino & Barnes gives $1M to UB Law The University at Buffalo Law School received an unrestricted gift of $1 million from two alumni, Ross M. Cellino Jr. and Stephen E. Barnes, shareholders in the personal...

Rochester Neighborhood Focus: Plymouth-Exchange.
June 8, 2009... Byline: Colleen M. Farrell The place Dorothy Hall and her husband, Thomas, call home has changed a lot since 1967. Back then, most of the residents owned their homes, and a number had lived in the Plymouth-Exchange -- sometimes referred to...

Rochester real estate developer Larry Glazer honored.
June 8, 2009... Byline: Colleen M. Farrell Rochester real estate developer Larry Glazer on Friday was named Trustee of the Year by the New York State Association of Homes & Services for the Aging in recognition of his work with Jewish Senior Life. Jewish...

New York State Court of Appeals: Cram-downs questioned.
June 8, 2009... Byline: Elizabeth Stull A case that could have major implications for the auto finance industry and individuals in bankruptcy is now before the New York State Court of Appeals. Faith Ann Peaslee, of Addison, Steuben County, still owed...

N.Y. State Court of Appeals Case Summaries: June 8, 2009.(Case overview)
June 8, 2009... Byline: Daily Record Staff New York State Court of Appeals Consent Decree Modification Callahan v. Carey No. 98 Appealed from the Appellate Division Background: On Oct. 2, 1979, plaintiff Robert Callahan and other homeless men...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: June 8, 2009.(Case overview)
June 8, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Social Security Encarnacion v. Astrue 07-3550-cv Appealed from the Southern District of New York Background: The plaintiffs represent a putative class of children...

Case Digests.
June 9, 2009... U.S. Court of Appeals for the Second Circuit Class Actions Fee-Sharing Formula Emery Celli Brinckerhoff & Abady LLP v. Plaintiffs' Committee 06-4565-cv Appealed from the Eastern District of New York Background: The appeal is by Emery...

Commentary: Economic stimulus affects mortgages.
June 9, 2009... Byline: Matthew Schuler Amid much controversy and partisan positioning, the 2009 economic stimulus package was passed into law and is one of the first large pieces of legislation passed by the new Congress at the behest of President Obama....

Paralegal Association of Rochester Inc. name 2009-2010 officers.
June 9, 2009... Byline: Deborah King The Paralegal Association of Rochester Inc. held its annual meeting and election of officers May 20 at Agatina's Restaurant in Gates. After a marvelous dinner, the evening began with the naming of the 2009 Paralegal of...

Daily Record News Briefs: June 9, 2009.
June 9, 2009... Byline: Daily Record Staff Clean energy patents up Heslin Rothenberg Farley & Mesiti PC's first quarter Clean Energy Patent Growth Index, which has tracked trends in clean energy patent activity since 2002, showed increased activity over...

Rail plans in Rochester pick up steam.
June 9, 2009... Byline: Colleen M. Farrell Funding for a new bus terminal -- to the tune of $70 million -- is secured and ready to be spent on Downtown Rochester. About half a mile away, the Central Avenue train station's rail passengers could someday...

Rochester attorneys say requests for modifications of child support payments up.
June 9, 2009... Byline: Elizabeth Stull Matrimonial attorneys in Rochester are seeing a significant jump in the number of people trying to modify child support payments. People facing layoffs still must meet certain requirements to change their child...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: June 9, 2009.(Case overview)
June 9, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Class Actions Fee-Sharing Formula Emery Celli Brinckerhoff & Abady LLP v. Plaintiffs' Committee 06-4565-cv Appealed from the Eastern District of New York Background:...

U.S. District Court, Western District of N.Y. Case Summaries: June 9, 2009.(Case overview)
June 9, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Summary Judgment Defendant's Non-Appearance Disabled Patriots of America Inc. v. Niagara Groups Hotels LLC 07-CV-284 Judge Skretny Background: In August...

N.Y. State Court of Appeals Case Summaries: June 9, 2009.(Case overview)
June 9, 2009... Byline: Daily Record Staff New York State Court of Appeals Fiduciary Duty Legal Representation Eurycleia Partners LP v. Seward & Kissel LLP No. 88 Appealed from the Appellate Division Background: Following the collapse of a hedge...

Appellate Division, 4th Department Case Summaries: June 9, 2009.(Case overview)
June 9, 2009... Byline: Daily Record Staff Appellate Division, 4th Department Department Zoning Environmental Review Matter of Grasso v. Town of West Seneca 803 Appealed from Supreme Court, Erie County Background: Petitioners commenced a CPLR...

Case Digests.
June 11, 2009... U.S. Court of Appeals for the Second Circuit Fraud Hedge Funds Pension Committee of the University of Montreal Pension Plan v. CITCO Fund 07-3527-cv Appealed from the Southern District of New York Background: The plaintiff appeals from a...

Appellate Division, 4th Department: Voluntary resignations and decisions in disciplinary matters.
June 11, 2009... Byline: Daily Record Staff Matter of John B. Cosgrove, for reinstatement to the practice of law in the State of New York. -- Order entered terminating suspension and reinstating the petitioner to the practice of law. Present: Hurlbutt,...

Commentary: Absolutely nothing succeeds like success.
June 11, 2009... Byline: Linda Kostin As the old saying goes, if you want something done, ask a busy person to do it. Or better yet, ask two busy people. For the past two years, Joyce P. Haag, general counsel and senior vice president at Eastman Kodak,...

Commentary: GRAWA's 27th president installed.
June 11, 2009... Byline: Amy Schwartz The following is a modified version of the remarks I delivered upon being installed as GRAWA's newest president on May 21: I feel so honored to serve as GRAWA's 27th president. As I looked back on the list of...

Commentary: Sotomayor's journey to a new benchmark.
June 11, 2009... Byline: Fatimat O. Reid Corn can't expect justice from a court composed of chickens. -- African proverb An anonymous writer once opined that law is the only game in which the best players get to sit on the bench. Perhaps it is for this...

Commentary: Reflections on a presidency.
June 11, 2009... Byline: T. Andrew Brown On June 18, the Monroe County Bar Association will hold its annual Installation Dinner. Harold A. Kurland will be sworn in as the next president of the MCBA, and will assume the office July 1, which means I have...

Daily Record News Briefs: June 11, 2009.
June 11, 2009... Byline: Daily Record Staff Klein Steel expands Klein Steel Service Inc, which operates a network of warehouses Upstate, announced this week that it is expanding its service and distribution area to include Albany, beginning June 22. John...

Renaissance Square: A tale of two projects in Rochester.
June 11, 2009... Byline: Colleen M. Farrell After 11 years of talk, several plans and millions of dollars spent, Renaissance Square has become a tale of two projects. One group -- the project's most vocal supporters -- says plans that include a new public...

Rochester area scams detailed.
June 11, 2009... Byline: Elizabeth Stull When an elderly couple came into the Spencerport Federal Credit Union and nervously asked to withdraw an unusually large sum of cash, the teller suspected something was up. She knew the couple well, and their...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: June 11, 2009.(Case overview)
June 11, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Fraud Hedge Funds Pension Committee of the University of Montreal Pension Plan v. CITCO Fund 07-3527-cv Appealed from the Southern District of New York...

New York State Court of Appeals Case Summaries: June 11, 2009.(Case overview)
June 11, 2009... Byline: Daily Record Staff New York State Court of Appeals Negligence Sufficiency Lang v. Newman No. 103 Appealed from the Appellate Division Background: The plaintiff was transported to a hospital in January 2003 after waking up with...

Appellate Division, 4th Department Case Summaries: June 11, 2009.(Case overview)
June 11, 2009... Byline: Daily Record Staff Appellate Division, 4th Department Murder, Second Degree Depraved Indifference People v. Prindle KA 06-01061 Appealed from Supreme Court, Monroe County Background: The defendant challenged his...

Commentary: Be aware of state accounting law changes.
June 12, 2009... Byline: Raymond J. Jacobi In January of 2009, Gov. David A. Paterson signed into law, as Chapter 651 of the Laws of 2008, a bill that amended extensively the laws relating to the practice of public accounting. Lawmakers' intention was to...

Daily Record News Briefs: June 12, 2009.
June 12, 2009... Byline: Daily Record Staff Marks to address Veterans Business Council The Hon. Patricia D. Marks, Supervising Judge for the Seventh Judicial District and head of the recently launched Veterans Court, will address the Rochester Regional...

Fraud Enforcement and Recovery Act ups false claim enforcement.
June 12, 2009... Byline: Elizabeth Stull A new law that vastly expands the federal government's power to prosecute fraud will help the Justice Department uncover the truth faster, protect whistle-blowers and obtain better results for taxpayers, according...

Extending the tax credit!
June 12, 2009... Byline: Colleen M. Farrell A number of housing industry organizations are lobbying Congress to expand the homebuyer tax credit in hopes of spurring more housing activity. Supporters want the credit, through which eligible buyers can...

Neighborhood Focus: 19th Ward in Rochester.
June 13, 2009... Byline: Colleen M. Farrell Long before the City of Rochester was split into dozens of districts, the vibrant neighborhood now known as the 19th Ward housed nothing more than farmland and wilderness. In 1790, James and William Wadsworth...

Commentary: New rules for petroleum bulk storage.
June 15, 2009... Byline: George S. Van Nest The Petroleum Bulk Storage Program administered by the New York Depart-ment of Environmental Conservation addresses the storage, handling and dispensing of petroleum products. The law originally applied to all...

Commentary: Rochester youth curfew defeated again.
June 15, 2009... Byline: Nicole Black The Rochester youth curfew was defeated once again last week when the New York State Court of Appeals issued its decision in Jiovon Anonymous v. City of Rochester. At issue in the case was the legality of the youth...

Daily Record News Briefs: June 15, 2009.
June 15, 2009... Byline: Daily Record Staff Eyes on the Future 2009 summit planned Eyes on the Future 2009, a Greater Rochester Region Economic Summit, will be headlined by Richard Bendis, president and CEO of Innovation America. The third annual...

Western New Yorkers on the Move: June 16, 2009.
June 16, 2009... Byline: Daily Record Staff Jodie L. Ryan, an attorney with Phillips Lytle LLP, was appointed to a three-year term on the board of directors for the Fairport Baptist Homes Caring Ministries Foundation. Karpus Investment Management...

Case Digests.
June 16, 2009... U.S. Court of Appeals for the Second Circuit Scaffold Law Runner v. New York Stock Exchange 08-0653-cv Appealed from the Southern District of New York Background: The defendants in this case appeal a district court judgment in which the...

Commentary: Introduction to IP due diligence.
June 16, 2009... Byline: John W. Boger Are you buying or selling a patent, deciding whether to invest in a start-up technology company or contemplating entering into a license arrangement with another company? If so, you likely will be subject to an IP...

Commentary: Take time to reflect on Father's Day.
June 16, 2009... Byline: Hon. Robert J. Lunn If the new American father feels bewildered and even defeated, let him take comfort from the fact that whatever he does in any fathering situation has a fifty percent chance of being right. -- Bill Cosby...

Daily Record News Briefs: June 16, 2009.
June 16, 2009... Byline: Daily Record Staff Damelio receives NYSBA award Rochester attorney Joseph S. Damelio received an award from the New York State Bar Association for Outstanding Achievements in Promoting Standards of Excellence in Mandated...

Splain named Monroe County Conflict Defender.
June 16, 2009... Byline: Elizabeth Stull Attorney Kristin F. Splain was appointed as the new Monroe County Conflict Defender, County Executive Maggie Brooks announced Monday. Splain, 36, was nominated by Brooks and appointed by the county legislature after...

PAETEC still moving forward with plans to move to Midtown Paza in Rochester.
June 16, 2009... Byline: Colleen M. Farrell Plans are still on for PAETEC Holding Corp. to occupy the former site of Midtown Plaza, despite some recent talk of the contrary. As reported by the Rochester Business Journal, PAETEC CEO Arunas A. Chesonis told...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: June 16, 2009.(Case overview)
June 16, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Scaffold Law Runner v. New York Stock Exchange 08-0653-cv Appealed from the Southern District of New York Background: The defendants in this case appeal a district...

New York State Court of Appeals Case Summaries: June 16, 2009.(Case overview)
June 16, 2009... Byline: Daily Record Staff New York State Court of Appeals Criminal Intent Burden of Proof People v. Bailey No. 97 Appealed from the Appellate Division Background: The question before the court is whether the evidence was...

Appellate Division, 4th Department Case Summaries: June 16, 2009.(Case overview)
June 16, 2009... Byline: Daily Record Staff Appellate Division, 4th Department Harmless Error Lesser-Included Offense People v. Watkins KA 08-00433 Appealed from Wayne County Court Background: Convicted of Assault Second Degree, Assault Third...

Case Digests.
June 17, 2009... U.S. Court of Appeals for the Second Circuit RICO United States v. Ivezaj 06-3112-cr Appealed from the Southern District of New York Background: The defendants appeal from judgments in the district court for racketeering, RICO conspiracy,...

Commentary: A look at the economic cycle.
June 17, 2009... Byline: Marijoyce Ryan What is the economic cycle? When the economy is strong, most people who want to work are employed and earning income. This creates a higher demand for goods and services on many levels (individuals, businesses,...

Erie County Bar installs new elected officers.
June 17, 2009... Byline: Elizabeth Stull The Bar Association of Erie County installed its 103rd president and elected other officers and directors at the association's offices in Buffalo last Friday. Buffalo criminal defense attorney Robert N. Convissar...

Daily Record News Briefs: June 17, 2009.
June 17, 2009... Byline: Daily Record Staff LiDestri Foods to expand Food manufacturer LiDestri Foods Inc. plans to expand and is considering facilities in Greece and South Carolina. The company may purchase a 652,090 square-foot facility on 45 acres in...

Proposed jury study 'well received' by the Administrative Board of the Courts of New York.
June 17, 2009... Byline: Elizabeth Stull The idea of conducting a study to measure minority representation on juries was well received by the Administrative Board of the Courts of New York, according to Justice Henry J. Scudder, presiding justice of the...

Dillon Award in Rochester recognizes attorneys for children.
June 17, 2009... Byline: Elizabeth Stull Presiding Justice Henry J. Scudder of the Appellate Division, Fourth Department presented the Hon. Michael F. Dillon Law Guardian Award to six attorneys at a ceremony at the appellate court Tuesday morning. The...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: June 17, 2009.(Case overview)
June 17, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit RICO United States v. Ivezaj 06-3112-cr Appealed from the Southern District of New York Background: The defendants appeal from judgments in the district court for...

U.S. District Court, Western District of N.Y. Case Summaries: June 17, 2009.(Case overview)
June 17, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Olowosoyo v. City of Rochester 08-CV-6007 Judge Telesca Background: In this civil rights action, plaintiff claims that defendants Mueller and Mittiga knowingly made...

U.S. Court of Appeals Case Summaries: June 17, 2009.(Case overview)
June 17, 2009... Byline: Daily Record Staff U.S. Court of Appeals Due Process U.S. Court of Appeals Case Summariescess Pre-Indictment Delay People v. Decker No. 102 Appealed from the Appellate Division Background: On Dec. 3, 1987, the body of...

N.Y. State Court of Appeals for the 2nd Circuit Case Summaries: June 17, 2009.(Case overview)
June 17, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit RICO United States v. Ivezaj 06-3112-cr Appealed from the Southern District of New York Background: The defendants appeal from judgments in the district court for...

Appellate Division, 4th Department Case Summaries: June 17, 2009.(Case overview)
June 17, 2009... Byline: Daily Record Staff Appellate Division, 4th Department Attorney Discipline Matter of John C. Garas Background: Respondent was admitted to practice in 1986 and has an office in Williamsville, N.Y. He formed Resale Closing...

Appellate Division, 3rd Department Case Summaries: June 17, 2009.(Case overview)
June 17, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Jury Charge Fundamental Error People v. Rose 100353 Appealed from Supreme Court, Ulster County Background: The appeal is from a verdict convicting the defendant, a former...

Case Digests.
June 18, 2009... U.S. Court of Appeals for the Second Circuit Education Fuentes v. Board of Education of the City of New York 06-4715-pr Appealed from the Eastern District of New York Background: The plaintiff had appealed from an order of the district...

Commentary: Foreign jurisdictions: It pays to follow the rules.
June 18, 2009... Byline: Mary Jo S. Korona A recent trip to the Great Stupa of Dharmakaya, located in Red Feather Lakes, Colo., reminded me that advance planning and knowledge about the applicable rules and protocols is well advised before beginning any...

Commentary: Don't ignore inherent dangers of lightning.
June 18, 2009... Byline: Kevin Williams The month of June can be an idyllic month, sun-splashed and warm. It can also be a tempestuous month, the splash and flash of thunderstorms a risk. And the month has on occasion turned tragic, the result of the...

Commentary: Disorganized things.
June 18, 2009... Byline: Robert L. Brenna Jr I sat and stared at the computer screen last night until after midnight without writing one word. I got an e-mail from Tom Durkin at 11::45 p.m. and answered it within 30 seconds. We both work too much -- but...

Daily Record News Briefs: June 18, 2009.
June 18, 2009... Byline: Daily Record Staff NYSBA advocates for LSC funding In a letter to the New York Congressional delegation, New York State Bar Association President Michael E. Getnick called on lawmakers to support the appropriation of $440 million...

Hope floats: Lights, camera on ABA award winner.
June 18, 2009... Byline: Elizabeth Stull Hope Olsson, a second-career attorney at a small, two-attorney firm, is in some ways an unlikely person to practice pro bono. Nevertheless, the Rochester bankruptcy lawyer will be one of five recipients of the...

Housing, retail planned for South Wedge in Rochester.
June 18, 2009... Byline: Colleen M. Farrell When Konar Properties bought a building at the corner of South Avenue and Gregory Street, the company also purchased a vacant lot adjacent to it. The building now houses Mise En Place, a European-style market,...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: June 18, 2009.(Case overview)
June 18, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Second Circuit Education Fuentes v. Board of Education of the City of New York 06-4715-pr Appealed from the Eastern District of New York Background: The plaintiff...

New York State Court of Appeals Case Summaries: June 18, 2009.(Case overview)
June 18, 2009... Byline: Daily Record Staff New York State Court of Appeals Sentencing Sex Offenders -- Hearsay People v. Mingo People v. Balic Nos. 94/95 Appealed from the Appellate Division Background: In this pair of decisions, the court addresses...

Appellate Division 4th Department Case Summaries: June 18, 2009.(Case overview)
June 18, 2009... Byline: Daily Record Staff Appellate Division 4th Department Illegal Search and Seizure Suppression of Evidence People v. Francisco KA 07-02191 Appealed from Ontario County Court Background: Convicted, after nonjury trial, of...

Case Digests.
June 19, 2009... u.s. district Court, wdny Legal Fees Eastern Potato Dealers, Inc. v. TNC Packing Corp. 08-CV-6280 Judge Telesca Background: Dibble & Miller, PC move for reconsideration of the court's April 21, 2009 order denying the law firm's motion to...

Commentary: Is your exempt organization an IRS target?
June 19, 2009... Byline: Jackie Boone The IRS Exempt Organizations Unit (EO) recently released its FY 2009 work plan, which included some areas of focus for upcoming examinations. Now is the time to take advantage of this information to make sure your...

Daily Record News Briefs: June 19, 2009.
June 19, 2009... Byline: Daily Record Staff Richards honored by state bar The New York State Bar Association announced that Thomas S. Richards, counsel to the City of Rochester, will receive the 2009 Root/Stimson Award at its June 20 House of Delegates...

Report says alternative sentences reduce crime.
June 19, 2009... Byline: Elizabeth Stull A recent report on crime-fighting in New York and California concludes that New York's less rigid approach to sentencing has reduced crime rates -- and costs -- significantly. The study by Northwestern University...

Study ranks Rochester's economy in top 20.
June 19, 2009... Byline: Colleen M. Farrell Rochester's economy ranks among some of the best in the country. That's according to a report from the Brookings Institution, a Washington, D.C. nonprofit public policy organization. The study, released earlier...