Daily Record (Rochester, NY) articles from March 2003

Daily Record (Rochester, NY) archives from March 2003

Rochester Legal Briefs March 3, 2003.
March 3, 2003... Byline: Daily Record Staff In decisions by the Appellate Division, Fourth Department, the court reviewed the presumption associated with a rear-end vehicular accident and the right to counsel in a DMV proceeding. TORT DECISIONS ...

Commentary: Surrogate's Court staffing shortage leads to delays.
March 3, 2003... Byline: Audrey Peartree I doubt that there isn't a Trusts & Estates practitioner in Rochester who hasn't recently been frustrated by the delay in obtaining decrees or citations from the Monroe County Surrogate's Court. The Surrogate's...

No support found for ineffective assistance of counsel claim.
March 3, 2003... Byline: Helen Nguyen Did the trial court err in denying a Batson motion during the selection of an alternate juror for the petitioner's trial? Did the petitioner establish that he received ineffective assistance from both his trial and...

Certain nursing home records are immune from disclosure.
March 3, 2003... Byline: Jill Miller Certain nursing home records are immune from disclosure in response to subpoenas issued by a Grand Jury conducting a Medicaid fraud investigation. This was the finding of New York State's highest court in a recent...

Jury waiver error violated rights, motion to vacate conviction granted.
March 3, 2003... Byline: Jill Miller Was the defendant denied his right to formally waive a trial by jury when he, on the advice of his attorney, signed a written jury waiver form in the hallway outside the courtroom, before the trial? In the People v....

Hall Of Justice Conference Room dedicated to Justice Bergin.
March 4, 2003... Byline: Nora Jones New York Supreme Court Justice Eugene W. Bergin is known for the professional-looking photographs he has taken over the years. Many of his photos, enlarged and framed, hang in parts of the Hall of Justice in Rochester,...

NY Court of Claims now accepts electronic filing.
March 4, 2003... Byline: Daily Record Staff Attorneys may now serve New York State and provide all legal papers electronically in tort cases heard in the Albany District of the New York State Court of Claims under a pilot program that began this month....

NY State Court of Appeals lists filings from Feb. 7-13.
March 4, 2003... 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...

Petitioner's request for attorneys' fees denied.
March 4, 2003... Byline: Jill Miller Is the petitioner entitled to an award of attorneys' fees after he prevailed in a lawsuit against New York State? The New York State Court of Appeals was called upon to answer this question in, In the Matter of...

Rochester Legal Briefs March 4, 2003.
March 4, 2003... Byline: Jill Miller Motion Denied A motion to dismiss the indictment against the defendant is granted. The defendant was charged with two counts of Criminal Sale of a Firearm in the Third Degree and Criminal Possession of a Weapon...

Traffic ticket vacated for improper procedures.
March 4, 2003... Byline: Nora Jones Was the defendant given notice of his right to counsel at any time in the proceedings in town court? Should the defendant's conviction for violation of failure to stop at a stop sign be reversed on appeal from the...

Rochester Legal Briefs: March 5, 2003.
March 5, 2003... Byline: N.Y. Daily Record Staff CRIMINAL DECISIONS Indictment Stands A motion to dismiss the indictment against the defendant is denied. "The Grand Jury proceeding was not defective." People v. Rickie Jackson, Ind. No....

Rochester Legal Briefs March 5, 2003.
March 5, 2003... Byline: Jill Miller Indictment Stands A motion to dismiss the indictment against the defendant is denied. "The Grand Jury proceeding was not defective." People v. Rickie Jackson, Ind. No. 648/02, New York State Supreme Court,...

Gov. calls for enactment of 'video voyeurism' legislation.
March 5, 2003... Byline: Daily Record Staff Gov. George E. Pataki reiterated his call for the enactment of "video voyeurism" legislation he first introduced in June of 2002. The proposal would create criminal penalties for those who would use a...

Racial discrimination not established, judge rules.
March 5, 2003... Byline: Helen Nguyen Where the plaintiff alleged that he was the victim of racial discrimination, did he provide sufficient evidence to support his hostile work environment and constructive discharge claims against his former employer? ...

Burglary conviction affirmed by Court of Appeals.
March 5, 2003... Byline: Jill Miller Was the evidence legally sufficient to show that the defendant unlawfully entered a home within the meaning of Penal Law u 140.25(2) when its sole occupant passed away three days earlier? Was the defendant entitled to...

Fees collected, business origination top determinants in partner compensation.
March 5, 2003... Byline: Daily Record Staff Personal fees collected and business origination are the two most important factors determining partner compensation in law firms according to the newly released Altman Weil 2003 Survey of Compensation Systems in...

Doctrine of 'assumption of risk' bars child's personal injury claim.
March 6, 2003... Byline: Nora Jones Should the court grant defendants' motion for summary judgment where the 11-year-old plaintiff had been playing in the defendants' above ground pool for several hours before she was injured? Does the doctrine of...

Entrepreneur of Year nominations sought.
March 6, 2003... Byline: Nora Jones The Pittsford office of Harris Beach LLP hosted the kick off meeting for the Ernest & Young Entrepreneur of the Year Award 2003 for Upstate New York. The law firm is a platinum level sponsor of this year's event, along...

Plaintiff's order to show cause renewed.
March 6, 2003... Byline: Jill Miller Should the plaintiff's motion for leave to reargue and renew its opposition to the defendants' order to show cause be granted based upon new facts? This was one of the many motions before New York State Supreme...

Secure passes ease attorney delays at Hall of Justice.
March 6, 2003... Byline: Michael Perkins "No attorney should have to bill a client for time spent standing in line." Gary Muldoon, attorney and partner - Muldoon & Getz With the implementation of New York State's Secure Pass, no attorney should...

NY Court of Appeals lists filings for February 14-20.
March 6, 2003... 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...

Rochester Legal Briefs March 7, 2003.
March 7, 2003... Byline: Jill Miller Evidence Deemed Sufficient The evidence presented to the Grand Jury was legally sufficient to support the indictment and hence, a motion to reduce or dismiss the indictment is denied. People v. Freddie Londrell...

NY offers incentives for environmental improvements.
March 7, 2003... Byline: Daily Record Staff Are you concerned about the environment but even more worried about the economy? Gov. George Pataki is committed to helping New York businesses improve the quality of the environment for New York citizens and...

Judgment against Chapter 7 debtor discharged.
March 7, 2003... Byline: Nora Jones ***** CORRECTION: The article about the adversary proceeding involving Voss v. Thompkins in The Daily Record on Friday, March 7, 2003 included misstatements in a couple different paragraphs. In discussing the...

Showup identification not found unduly suggestive.
March 7, 2003... Byline: Jill Miller Was a crime scene showup identification of the defendant unduly suggestive when the defendant, who was wearing tan shorts and no shirt, was asked to hold a pair of maroon shorts? This was the issue before New York...

'Women United' networks to benefit United Way.
March 7, 2003... Byline: Nora Jones Germaine Knapp and Lesia Telega were among hundreds of area professionals and business owners who gathered at Tonic on East Avenue on March 4, 2003 to enjoy a networking opportunity hosted by Digital Rochester. As...

Eighth judicial district admits 115 new attorneys.
March 10, 2003... Byline: Nora Jones The New York State Supreme Court Appellate Division, Fourth Department convened on the University at Buffalo North Campus last Thursday in a special ceremony to administer the oath of office to 115 individuals who...

Terminated St. Bonaventure security employee seeks discovery to support employment claims.
March 10, 2003... Byline: Nora Jones Are the plaintiff's interrogatories too vague, ambiguous or burdensome for the defendant to answer? Are other requested documents protected by the attorney-client privilege? These were among the pre-trial issues...

Residency requirement for police examination is invalid.
March 10, 2003... Byline: Jill Miller Can a local civil service commission establish a residency requirement for an examination for police officers by including the requirement in the notice for the exam? New York State's highest court was called upon...

Commentary: History of the Powers Building in Rochester.
March 10, 2003... Byline: Michael Perkins In 1865, the United States saw the end of this country's first domestic war, and Rochester saw the worst flood in its entire history. That year was of further note as the year that construction began on Rochester's...

Real estate attorney Bernard 'Buzzy' Frank passes away.
March 10, 2003... Byline: Jill Miller Bernard "Buzzy" Frank, a well known and widely respected attorney with Forsyth, Howe, O'Dwyer, Kalb & Murphy, passed away on Sunday, March 2, 2003. He was 72 years old. A native of Rochester, Mr. Frank concentrated...

Village of Penn Yan rezoning determination upheld.
March 11, 2003... Byline: Nora Jones In modifying the Village Zoning Law, did the Village of Penn Yan engage in impermissible spot zoning or ignore potential environmental concerns? Were the proceedings by the Board of Trustees irregular, or did the village...

Due process requirement satisfied in foreclosure.
March 11, 2003... Byline: Jill Miller Did the procedures used by a county to foreclose on a property after a tax delinquency satisfy constitutional due process even though the property owner never learned about the proceeding? In Ellen J. Kennedy v....

Appellate Court affirms decision in GE dishwasher recall case.
March 11, 2003... Byline: Daily Record Staff The Appellate Division, First Department, has upheld a New York State Supreme Court decision, ordering General Electric to pay restitution to thousands of customers who bought new dishwashers when a quick,...

Rochester Legal Briefs March 11, 2003.
March 11, 2003... Byline: Jill Miller Indictment Stands A motion to dismiss the indictment against the defendant is denied. "The court has granted the motion to inspect the Grand Jury minutes, and, after a review of said minutes, has determined that...

Rochester atty. wins Healthcare Financial Assn.'s Merit Award.
March 11, 2003... Byline: Daily Record Staff Richard T. Yarmel, a partner at Nixon Peabody LLP and member of the firm's Health Services Practice Group, was presented with the Healthcare Financial Management Association's Follmer Bronze Merit Award for...

Wine, Zydeco music and dancing are two passions of Rochester patent atty.
March 11, 2003... Byline: Helen Nguyen Cloud 17 and Zydeco -- What are these? With a love for wines, Bausch & Lomb patent attorney Bill Greener started his own vineyard and named it "Cloud 17." As for Greener's other "passion," Zydeco is a form of music and...

Reargument motion granted in contract case.
March 12, 2003... Byline: Jill Miller Did the court mistakenly apply the equitable doctrine of part performance as an exception to the Statute of Frauds to a contract covered by General Obligations Law u 5-701? Should the defendant's motion for leave to...

Monroe County Bar Assn. seeks nominations for Rodenbeck Award.
March 12, 2003... Byline: Daily Record Staff The Monroe County Bar Association's Rodenbeck Committee, chaired by Henry Ippolito, former president of the MCBA, is seeking nominations for consideration of the Rodenbeck Award. The Rodenbeck Committee will...

Ineffective assistance of counsel claim not established in habeas corpus petition.
March 12, 2003... Byline: Helen Nguyen In a case where the petitioner believed certain witnesses would testify that an armed robbery was committed by people other than himself, did the petitioner establish that he received ineffective assistance of counsel...

Second Annual Fair Housing Conference slated for April 15.
March 12, 2003... Byline: Daily Record Staff The Second Annual State of Fair Housing Conference is scheduled for Rochester's Four Points Sheraton on April 15, 2003. Keynote speaker this year will be Police Chief Charles Alexander Moose from the Montgomery...

Friedman's jewelry chain sued for racial discrimination.
March 12, 2003... Byline: Daily Record Staff In a lawsuit filed in U.S. District Court, four plaintiffs (three African American and one white) charged Friedman's jewelry chain with discriminating against African American employees and applicants. The case...

Nathaniel Award nomination process begins today.
March 13, 2003... Byline: Daily Record Staff Continuing its tradition of honoring professionals who have dedicated their lives to the administration of justice, The Daily Record has opened the nomination process for its eighth annual Nathaniel Award. ...

Paralegal Assn. of Rochester to hold general membership meeting.
March 13, 2003... Byline: Daily Record Staff The March general membership meeting of the Paralegal Association of Rochester will be held at noon on March 20, 2003 at the Four Points Sheraton. The guest speakers will be Wendy Brewer, PAR's NFPA primary...

Volunteer Legal Services Projects seeking representation for pro bono cases.
March 13, 2003... Byline: Daily Record Staff Volunteer Legal Services Project, Inc. is actively seeking representation for the following cases. If you are able and willing to take one of the following matters involving family law issues, contact Mary Beth...

Medical malpractice claim not substantiated.
March 13, 2003... Byline: Nora Jones Was the emergency room physician careless in treating a bus boy's cut finger? Was the laceration severe enough to indicate the need for more significant examination and treatment to prevent pain and stiffness? In...

Will Monroe County resolve budget deficits?
March 13, 2003... Byline: Daily Record Staff The Blue Ribbon Commission on Monroe County Finances, chaired by Thomas S. Richards, explored the underlying causes of the 2002 and 2003 budget deficits, reporting their findings, drawing conclusions and making...

Exclusion of three jurors deemed not prejudicial.
March 13, 2003... Byline: Jill Miller Did the prosecution move to excuse three potential jurors on account of their race? Did the trial court fail to follow the three step test for determining whether peremptory challenges were used to exclude potential...

NY Court of Appeals to hear challenge to validity of Regulation 68.
March 13, 2003... Byline: Daily Record Staff The New York Court of Appeals has agreed to hear the appeal of Medical Society of New York v. Serio, a case which challenges the validity of Regulation 68 which was promulgated by the State Insurance Division...

Social security disability case remanded.
March 14, 2003... Byline: Helen Nguyen Did the administrative law judge (ALJ) who denied the plaintiff's application for social security disability benefits err in its evaluation of certain medical evidence provided by the plaintiff's doctors? Seeking...

Trademark dilution defined by High Court.
March 14, 2003... Byline: Nora Jones Must there be actual loss of sales or profits in order to succeed on a dilution of trademark claim? This issue was at the core of the recent U.S. Supreme Court's review of Moseley v. Victoria's Secret, in which the...

ABA commission warns: State court systems at risk.
March 14, 2003... Byline: Daily Record Staff State judges should serve a single, lengthy term -- or until a specified age -- and not be eligible for retention or re-election, says an American Bar Association commission studying the future of state courts....

'Actual innocence' claim needs further analysis.
March 14, 2003... Byline: Jill Miller Can a U.S. district court dismiss a habeas corpus petition as untimely even though the petitioner made a claim of actual innocence? This was the central issue on appeal before the U.S. Court of Appeals for the...

Sanctions imposed for discovery abuses.
March 17, 2003... Byline: Deborah Fauver How much time must defense counsel spend on discovery requests when both parties have tried to contact each other about settlement? And how much effort must be put into settlement discussions before a court-ordered...

NY State Senate signs legislation prohibiting sale of laser pointers to minors.
March 17, 2003... Byline: Nora Jones Are you familiar with the high tech laser pointers often used in presentations? Maybe you have one of your own. Are you aware that these boardroom toys have become dangerous and disruptive in our classrooms? The New...

Court rules on ownership of company car.
March 17, 2003... Byline: Jill Miller Is an employee, who was provided with a company vehicle, considered a co-owner of the vehicle, and if so, can she maintain an action against her co-owners under Vehicle & Traffic Law u 388? These were the central...

Buffalo law firms settle workers' comp case.
March 17, 2003... Byline: Daily Record Staff John E. Ballow, of The Ballow Law Firm, P.C., settled a lawsuit, securing $1,975,000, plus the waiver of the Workers' Compensation Lien of $307,000 for their client residing in Corfu, just outside of Batavia. ...

New First Dept. Presiding Justice named.
March 17, 2003... Byline: Daily Record Staff Former Oneida County Court judge, Justice John T. Buckley has been selected as Presiding Justice of the Appellate Division, First Department. Most recently Justice Buckley served as an associate justice with the...

Poison Prevention Week Council issues safety tips.
March 17, 2003... Byline: Daily Record Staff With the belief that nearly every child poisoning could be prevented, the Chairman of the Poison Prevention Week Council, Peter Mayberry, emphasized the importance of parents and caregivers keeping medicines,...

Genesee Region home sales cool in February.
March 18, 2003... Byline: Jill Miller Sales of single family existing homes dropped significantly in February as compared to January. According to the Genesee Region Real Estate Information Services, the information division of The Realtors, a total of...

Pregnancy, child care policies often unclear at law firms.
March 18, 2003... Byline: Nora Jones What is your law firm's policy on pregnancy leave? What are your options if you need time off to be with a sick child? In the small to medium-sized law firm, these policies are rarely presented in writing and are...

U.S. Bankruptcy Court rules that carelessness won't excuse dental debt.
March 18, 2003... Byline: Nora Jones Where the U.S. Bankruptcy Court for the Western District of New York had already entered a discharge order in the debtors' converted Chapter 7 case, should the $625 judgment for dental services be deemed void and...

NY Supreme Court reverses decision concerning surveillance tapes.
March 18, 2003... Byline: Jill Miller In personal injury cases where surveillance tapes are made, does CPLR 3101(i) overrule DiMichel v. South Buffalo Railway Co., a New York State Court of Appeals decision? This was the central issue on appeal before...

NY State Atty General's office get nursing homes to revise policies.
March 18, 2003... Byline: Daily Record Staff The New York State Attorney General's office has reached agreements with six nursing homes to clarify admissions policies and strengthen consumer protections for residents and their families. Kirkhaven, one of...

American Bar Assn. warns that proposed bankruptcy provisions threaten courts and consumers.
March 19, 2003... Byline: Daily Record Staff The American Bar Association is warning Congress that several provisions in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003 (H.R. 975) would deny consumers access to legal representation,...

Federal Rule 19 saves personal injury case from dismissal.
March 19, 2003... Byline: Nora Jones Is the plaintiff required to include all potential tortfeasors in an action for personal injuries? Is failure to include certain parties as defendants grounds for dismissal? U.S. Magistrate Judge Jonathan W. Feldman...

Judge finds new facts warrant grant of motion to renew.
March 19, 2003... Byline: Jill Miller Did the defendant, the owner of retail space, give its consent to the tenant to have the property renovated by the plaintiff? Did the plaintiff's affidavits, which the court relied upon when granting its motion for...

Securities arbitration CLE to address possible recovery of investment losses.
March 19, 2003... Byline: Daily Record Staff The Monroe County Bar Association will sponsor a seminar for attorneys whose client asks: "Can I sue my broker?" With the stock market continuing to dwell in the area of Antarctica, many investors want to...

Court rules that U.S. government gets illegal gambling funds seized by customs.
March 20, 2003... Byline: Jill Miller Who is entitled to the money seized by U.S. Customs Service from the defendant -- the U.S. or the defendant? In U.S.A. v. Glenn H. Ripa and Benedetto Romano, the defendants appeal a decision handed down by the U.S....

Equitable jurisdiction, monetary limits reviewed in village court.
March 20, 2003... Byline: Nora Jones In a landlord-tenant dispute, does a village justice court have jurisdiction to determine equity claims? With a typical jurisdictional limit of $3,000, can a village court consider a counterclaim in excess of that...

Rochester attorney chairs panel discussion by Metro Bar Caucus at ABA meeting in Seattle.
March 20, 2003... Byline: Daily Record Staff President of the Metropolitan Bar Caucus, David M. Schraver (managing partner of the Rochester office of Nixon Peabody LLP) chaired a panel of bar leaders that discussed the organized bar's role in funding...

Pharmaceutical settlement will provide BuSpar reimbursements.
March 20, 2003... Byline: Daily Record Staff New Yorkers who overpaid for the anti-anxiety medication BuSpar will be compensated pursuant to a settlement agreement in an action New York and several other states brought against Bristol-Myers Squibb Co.,...

Appellate Division amends Section 1022.11(b).
March 20, 2003... Byline: Daily Record Staff The Justices of the Appellate Division, Fourth Department, have amended section 1022.11(b) of the Rules of the Appellate Division, Fourth Department (22 NYCRR 1022.11[b]) as follows, effective immediately...

Amer. Bar Assn. TECHSHOW 2003 slated for April 3 - 5.
March 20, 2003... Byline: Daily Record Staff Lawyers and technology experts will learn to make the most of technology tools in their organizations at the ABA TECHSHOW 2003, to be held April 3 to 5, 2003 at the Sheraton Chicago Hotel and Towers. ...

NY State Bar Assn. sees surge in 'pro bono' activity among lawyers.
March 21, 2003... Byline: Daily Record Staff There has been a surge of interest in pro bono activity by lawyers, reports the New York State Bar Association, which helps match volunteers with organizations seeking legal assistance. This increase marks a...

Second Circuit Court lifts sanctions against law firm.
March 21, 2003... Byline: Jill Miller Did the district court err when it imposed a sanction on a law firm for violating Rule 11(b)(3) of the Federal Rules of Civil Procedure, when one of its attorneys permitted a client to submit a false affidavit? In...

Lawyers for learning to celebrate 10th anniversary.
March 21, 2003... Byline: Daily Record Staff Have you wondered about a student you mentored at School 29 in the Lawyers for Learning program? Some of the former students will be in attendance at the Bausch & Lomb Wintergarden from 5:30 to 7:30 p.m. on...

Court finds no substance to most of plaintiff's claims of job discrimination.
March 21, 2003... Byline: Nora Jones Did the plaintiff substantiate claims of discrimination and retaliation against his former employer? With numerous allegations of disparate treatment and hostile work environment, was the evidence adequate to sustain...

Court finds testimony of expert witness unreliable.
March 24, 2003... Byline: Nora Jones Where the defendant filed a motion to exclude an expert witness proffered by the plaintiff, how should the court measure the expert's qualifications and reliability? U.S. District Court Judge William M. Skretny...

Lawyers' fund for client protection awards $1.2M in reimbursement.
March 24, 2003... Byline: Daily Record Staff The Lawyers' Fund for Client Protection recently awarded $1.2 million in reimbursement to 40 clients whose money had been dishonestly taken by their former attorneys. The 40 awards reimburse losses caused by...

Crowe to serve as chairman of McQuaid Jesuit High School's Board of Trustees.
March 24, 2003... Byline: Daily Record Staff John W. Crowe was recently elected as chairman, McQuaid Jesuit High School Board of Trustees. Crowe, whose appointment is effective July 1, 2003, succeeds Thomas N. Trevett, who completes his term as chairman on...

Fraud claim withstands motion to dismiss.
March 24, 2003... Byline: Helen Nguyen In a case where the plaintiff alleged that the defendant breached an oral employment contract with regard to the calculation of his retirement benefits and fraudulently induced him into signing a severance agreement,...

Book outlines ways to cope with finances when loved one passes away.
March 25, 2003... Byline: Daily Record Staff A young widower has published a book to help others cope with the array of financial decisions and the stress of estate management when a loved one passes. Mark Colgan, a certified financial planner, has written...