Daily Record (Rochester, NY) articles from March 2005

Daily Record (Rochester, NY) archives from March 2005

NY State Supreme Court says physician-patient privilege not waived.
March 1, 2005... Byline: Helen Nguyen Finding the plaintiff's mother did not waive her rights with regard to her medical records under the "physician-patient privilege" rule, the New York State Supreme Court, Appellate Division, Fourth Department upheld an...

CPL 440.30(1-a) subject of two NY State Court of Appeals appeals.
March 1, 2005... Byline: Jill Miller New York State's highest court was called upon to answer two questions - does CPL 440.30(1-a) impose a due diligence requirement, limiting the time a defendant can bring a post conviction motion for DNA testing and does...

NY State puts info. on solo & small firm practice online.
March 1, 2005... Byline: Daily Record Staff A new web page devoted to the Commission to Examine Solo & Small Firm Practice can be accessed through the New York State Unified Court System website at www.courts.state.ny.us/ip/...

NY State Bar Assn. files amicus curiae brief in cameras in courtroom case.
March 1, 2005... Byline: Daily Record Staff The New York State Bar Association recently filed an amicus curiae brief in the New York State Court of Appeals, supporting Court TV in its lawsuit seeking to overturn a state law barring cameras from the...

NY State Court of Appeals lists filings for Jan. 28-Feb. 10, 2005.
March 1, 2005... 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...

Greater Rochester Assn. of Women Attys. strives to acknowledge women's role in history with lectures.
March 2, 2005... Byline: Nora A. Jones Monroe County Court Judge Marilyn O'Connor noted that history contains many stories about men. "But women have been a part of the great American fabric and we shouldn't lose sight of their contributions." To...

NY State Supreme Court judge grants summary judgment due to lack of signed, written lease.
March 2, 2005... Byline: Jill Miller The plaintiff is not entitled to collect unpaid rent, real estate taxes and assessments after the defendants vacated the property because the parties never signed or executed a written lease agreement. This was the...

NY State Court of Appeals rescinds 22 NYCRR part 500.
March 2, 2005... Byline: Daily Record Staff After a review of the public comments submitted on its proposed new Rules of Practice, the New York State Court of Appeals has rescinded in its entirety 22 NYCRR part 500 and approved a new Part 500, entitled...

Seventh Judicial District welcomes new attorneys.
March 3, 2005... Byline: Nora A. Jones In a special session by the New York State Supreme Court, Appellate Division, Fourth Judicial Department, 76 recent law school graduates officially became members of the New York bar. Along with Presiding Judge...

U.S. District Court grants summary judgment to employer in retirement benefits suit.
March 3, 2005... Byline: Helen Nguyen Finding the plaintiffs were not entitled to have their prior years of service with another company included in the calculation of their retirement benefits, the U.S. District Court for the Western District of New York...

State constitutional tort claim within statute of limitations, NY State Court of Claims judge finds.
March 3, 2005... Byline: Kevin M. Momot Where the claimant brought a cause of action against the state based on intentional tort, the filing of a misbehavior report and a state constitutional tort, all claims were denied except the state constitutional...

Personal injury cash advance firms agree to reforms.
March 3, 2005... Byline: Daily Record Staff The New York State Attorney General's office has obtained agreements with nine companies that will change the way cash advance companies do business with New Yorkers who have pending personal injury claims or...

NY State Court of Appeals rules amendment to Rule 127.2(b) valid.
March 4, 2005... Byline: Jill Miller The Chief Administrative judge of New York State acted within the authority granted to him by the New York State Constitution when he amended section 127.2(b) of the Rules of the Chief Administrator of the Courts to...

Monroe County Bar Assn. hosts reception for New York State Chief Judge.
March 4, 2005... Byline: Nora A. Jones With New York State Court of Appeals Chief Judge Judith S. Kaye in Rochester for several events last week, the Monroe County Bar Association pulled together a wine and cheese reception on Thursday, Feb. 24 to allow...

NY State Bar Assn. Environmental Law Section names fellowship recipients.
March 4, 2005... Byline: Staff The New York State Bar Association's Environmental Law Section announced that four minority law students have been selected to receive fellowships in environmental law for employment this summer. The 2005 fellowship...

NY state court denies defendant's resentencing request pursuant to Drug Reform Act.
March 4, 2005... Byline: Helen Nguyen The long sentences imposed on drug offenders under the Rockefeller Drug Laws, which were enacted in the 1970s, have been perceived to be unfair and harsh by many in the law enforcement and legal community. As a result,...

NY State Supreme Court rules that deputy's conduct not considered reckless.
March 7, 2005... Byline: Jill Miller The actions of a deputy sheriff who followed a man, suspected of robbing a beverage store and stealing a car, on a high speed car chase which ultimately led to a car accident between the suspect and the plaintiff, did...

U.S. Dist. Court of Appeals Second Circuit rules pension 'freeze' provision does not violate ERISA.
March 7, 2005... Byline: Helen Nguyen Determining a "freeze" provision in a pension plan did not violate the Employee Retirement Income Security Act (ERISA), the U.S. Court of Appeals for the Second Circuit affirmed a district court's decision to grant...

Summer jobs can provide life-changing experiences.
March 7, 2005... Byline: Kevin M. Momot Are there some routine tasks piling up? Were you thinking of hiring a temp for a few weeks? Before you call that temp agency or place a help wanted ad, consider hiring a student from John Marshall High School...

Rochester law firm Moran & Kufta launches scholarship program.
March 7, 2005... Byline: Daily Record Staff Moran & Kufta has launched its "Get Better" scholarship program for 2005. The "Get Better" initiative is part of the firm's community development program designed to help individuals within the greater...

Dean Drew's passion for flying helped create his legal niche.
March 7, 2005... Byline: Nora A. Jones A 30-minute introductory flying lesson in 1984 left Dean M. Drew wanting more. "I was hooked instantly," said Drew, who not only went on to earn his pilot's license but has incorporated aviation law into his...

NY appellate court rules plaintiffs are considered 'covered persons' under Insurance Law.
March 8, 2005... Byline: Kevin M. Momot Where the plaintiffs commenced an action to recover damages for personal injuries, they were considered "covered persons" within the meaning of Insurance Law s. 5102(j) and therefore required to meet the serious...

NY State Supreme Court judge denies ineffective assistance of counsel claim.
March 8, 2005... Byline: Jill Miller A defendant failed to meet his burden of establishing ineffective assistance of counsel and as a result, his motion to vacate his conviction was denied. This was the finding of acting New York State Supreme Court,...

Paralegal Association of Rochester seeks nominations for 2005 Paralegal of the Year.
March 8, 2005... Byline: Staff The Paralegal Association of Rochester, Inc. is seeking nominations for its 2005 Paralegal of the Year Award. The recipient will be announced at the PAR annual meeting in May 2005. Nominees must be a voting member in...

NY County Supreme Court approves settlement in lawsuit against NYC's Adult Protective Services.
March 8, 2005... Byline: Staff New York County Supreme Court Judge Faviola Soto approved a settlement of a class action lawsuit, Vega v. Eggleston, brought by the New York Legal Assistance Group (NYLAG) against the City of New York's Adult Protective...

NY attorney Leslie W. Kernan talks about his lifelong love of baseball.
March 8, 2005... Byline: Nora A. Jones When Leslie W. Kernan saw Mickey Mantle hit two home runs at Yankee Stadium in 1960, he had absolutely no idea that he would someday have the opportunity to participate in the Mickey Mantle/Whitey Ford Fantasy...

NY State Mock Trial continues at Hall of Justice.
March 9, 2005... Byline: Nora A. Jones Using actual courtrooms at the Hall of Justice, high school teams from eight Monroe County schools competed in round three of the 2005 New York State Mock Trial competition on Thursday, March 3. Parents, teachers,...

U.S. District Court for NY denies county's motion to dismiss plaintiff's First Amendment claim.
March 9, 2005... Byline: Helen Nguyen Finding there was a triable issue as to whether the plaintiff was terminated from his job with the County of Monroe for political reasons, the U.S. District Court for the Western District of New York denied the...

Monroe County Court judge grants motion to suppress evidence seized by police.
March 9, 2005... Byline: Jill Miller The suspension of the defendant's drivers license was in fact lifted as claimed by the defendant and as a result the defendant's motion to suppress certain evidence seized from his vehicle was granted. In People v....

U.S. Mint to issue John Marshall coin.
March 9, 2005... Byline: Staff John Marshall, the country's fourth chief justice, will receive an honor this spring and the New York State Bar Association helped make it happen. In late April, the U.S. Mint will issue 400,000 silver dollars bearing...

Monroe County Bar Assn. seeks nominations for Rodenbeck and Humanitarian Awards.
March 9, 2005... Byline: Staff The Monroe County Bar Association is currently seeking nominations for two awards presented annually at the Law Day luncheon: the Adolph J. Rodenbeck Award and the Foundation of the Monroe County Bar's Humanitarian Award....

U.S. Bankruptcy judge finds trustee lacks standing to pursue claims.
March 10, 2005... Byline: Nora A. Jones A chapter 7 bankruptcy trustee filed adversary proceedings against two defendants in Ilardo, as trustee in the bankruptcy of World Parts, LLC v. Al's Diesel and Ilardo, as trustee in the bankruptcy of World Parts, LLC...

President-elect of NY State Bar Assn. shares plans.
March 10, 2005... Byline: Jill Miller As president-elect of the New York State Bar Association, A. Vincent Buzard, a partner at Harris Beach, has spent a great deal of time meeting with attorneys throughout the state and listening to their concerns about...

Rochester-area nursing homes challenge NY's medicaid reimbursement rates.
March 10, 2005... Byline: Daily Record Staff More than 90 percent of the skilled nursing facilities in the Greater Rochester area have joined forces in a legal action against the State Health Department, challenging the legality of their 2005 Medicaid...

U.S. District Court of Western NY denies motions for summary judgment in housing discrimination suit.
March 11, 2005... Byline: Helen Nguyen Finding there was sufficient evidence to support the plaintiffs' allegation that they were prevented from renting an apartment on account of their race, the U.S. District Court for the Western District of New York...

Jury verdict regarding future damages set aside by NY State Supreme Court.
March 11, 2005... Byline: Jill Miller In a case where the plaintiff's proof of permanent injury and continuing pain was undisputed, a jury's failure to award any damages for future pain and suffering was contrary to the weight of the evidence and must be...

Sharon Stiller heads up Rochester's 2005 Women United effort.
March 11, 2005... Byline: Nora A. Jones Sharon Stiller, partner at Underberg & Kessler LLP, announced the Women United goal of $375,000 at the group's kick-off breakfast on March 8. She is serving as overall chair for the 2005 Women United effort, an...

U at Buffalo Law School helps individuals secure housing, independence.
March 11, 2005... Byline: Daily Record Staff In a run-down section of Niagara Falls - flanked by abandoned homes and across from a shuttered hospital - a dilapidated old dormitory for nurses is getting a new start as transitional housing for homeless women...

Monroe County Court judge rules defendant should be assessed as level three offender.
March 14, 2005... Byline: Jill Miller A Monroe County Court judge concluded a defendant should be assessed as a level three offender pursuant to the Sex Offender Registration Act. In People v. Orthniel Cruz, the defendant opposed the assessment of the...

Monroe County Bar Association reestablishes attorney mentoring program.
March 14, 2005... Byline: Jill Miller Graduating from law school, passing the bar examination and being admitted to the practice can be both exciting and overwhelming at the same time. Recent admittees who have questions about their new profession now have...

Greater Rochester Association for Women Attorneys to evaluate judicial candidates.
March 14, 2005... Byline: Staff The Greater Rochester Association for Women Attorneys will be evaluating candidates for Rochester City Court and New York State Supreme Court in the very near future. GRAWA rates candidates either "Highly Qualified,"...

NY State Supreme Court finds lack of safety devices lead to accident.
March 15, 2005... Byline: Jill Miller A New York State Supreme Court judge determined the lack of available safety devices was the proximate cause of the plaintiff's accident and as a result, granted the plaintiff's motion for partial summary judgment. ...

U.S. District Court for Western NY says triable issue exists in insurance dispute.
March 15, 2005... Byline: Helen Nguyen Despite the defendant's contention it provided timely notice of a claim to its insurer, the U.S. District Court for the Western District of New York determined a triable issue existed with regard to whether the...

Bar assn. calls for restored funding to Erie County Clerk's office.
March 15, 2005... Byline: Daily Record Staff The Bar Association of Erie County has passed a resolution calling for restored funding to the Erie County Clerk's office to enable it to comply with its state Constitutional mandates. Recent cuts resulting...

Reports find minorities are faring worse in legal profession.
March 15, 2005... Byline: KC Daily Record Staff Minorities are faring significantly worse in the legal profession than in other professions, minorities entry into law has slowed considerably since a growth period from the 1980s through the mid-1990s,...

NY State Supreme Court says Town of Mendon Property subject of CPLR 78 proceeding.
March 16, 2005... Byline: Jill Miller A builder's request to rezone a portion of its property in order to construct luxury patio homes in the Town of Mendon was at the center of a CPLR Article 78 proceeding. In Ryan Homes, Inc., et al. v. Town Board of...

U.S. District Court for Western District of NY does not have jurisdiction over hotel.
March 16, 2005... Byline: Helen Nguyen Despite a New York-based travel agency assisting a British Virgin Islands hotel with making reservations for prospective guests, the U.S. District Court for the Western District of New York concluded it did not have...

Matthew A. Rosenbaum nominated to NY State Supreme Court.
March 16, 2005... Byline: Daily Record Staff Matthew A. Rosenbaum has been nominated to serve as a judge of the Supreme Court in the Seventh Judicial District by Gov. George Pataki. The Fourth Department Judicial Screening Committee found him highly...

'Starting your own law firm' topic of Greater Rochester Assn. of Women Attorneys lunch discussion.
March 16, 2005... Byline: Nora A. Jones What are the pros and cons of opening your own legal practice? Sharon Kelly Sayers shared her thoughts on this and related questions about starting your own law firm in an informal discussion featured as a "brown...

Fourth Department admits new attorneys to Eighth Judicial District.
March 16, 2005... Byline: Fred Petersen The Appellate Division, Fourth Department, welcomed 127 new attorneys to the Eighth Judicial District at the bar admission ceremony on Thursday, March 3 at Slee Concert Hall, University at Buffalo Amherst campus....

'Escalation' clause deemed enforceable by U.S. Court of Appeals.
March 17, 2005... Byline: Helen Nguyen Finding an escalation clause in a contract was not vague even though it did not contain a specific price term, the U.S. Court of Appeals for the Second Circuit remanded the case to the district court. In Arbitron,...

Appellate Division, Fourth Dept. hears personal injury claim.
March 17, 2005... Byline: Kevin M. Momot Where the plaintiffs commenced an action to recover damages for personal injuries sustained in attempting to repair equipment used in the course of employment, a claim against the defendant for negligent repair or...

Rochester's legal employers among participants in trivia challenge.
March 17, 2005... Byline: Nora A. Jones Who was the first woman to win the Nobel Prize in literature? (a) Jane Addams; (b) Pearl S. Buck; (c) Selma Lagerlof; or (d) Toni Morrison. Members of a corporate team in the Susan Bee Challenge had 30 seconds to...

Ronald Mittleman opens Rochester office of Scolaro, Shulman.
March 17, 2005... Byline: Daily Record Staff Local attorney Ronald Mittleman has joined forces with Syracuse-based Scolaro, Shulman, Cohen, Fetter & Burstein, P.C. Mittleman, a former name partner for Lacy Katzen Ryen & Mittleman, L.P., has opened a...

NY State Court of Appeals lists filings for February 18-24, 2005.
March 17, 2005... 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...

Monroe County Mock Trial competition narrows to two teams.
March 18, 2005... Byline: Nora A. Jones New York State Supreme Court Judges Francis Affronti and John Ark clearly enjoyed hearing the arguments in the latest round of the Monroe County Mock Trial competition held on March 9 at the Hall of Justice. Giving...

NY State Supreme Court judge grants Snow Travelers' summary judgment motion.
March 18, 2005... Byline: Jill Miller The wife of a man killed in a snowmobile accident failed to prove the company who maintains the snowmobile trail acted in a willful or malicious manner when it redesigned the trail. As a result, the company's motion for...

Attorneys call for reform of NY state's criminal indigent defense system.
March 18, 2005... Byline: Jill Miller New York State's criminal indigent defense system is broken and must be reformed in order to ensure justice for the poor. This was the message attorneys from throughout Western New York shared with the New York...

Rochester legal organizations seek nominations for annual 'Family Friendly' Employer Award.
March 18, 2005... Byline: Staff The Greater Rochester Association for Women Attorneys, in conjunction with the Monroe County Bar Association, is accepting nominations for the 2005 GRAWA/MCBA "Family Friendly Employer Award." GRAWA, with the MCBA,...

Employment discrimination claims dismissed in U.S. District Court.
March 21, 2005... Byline: Helen Nguyen In a case where the plaintiff alleged his former employer discriminated against him based on his race, the U.S. District Court for the Western District of New York dismissed the plaintiff's disparate pay, constructive...

NY State Supreme Court denies defendant's motion to vacate sentence.
March 21, 2005... Byline: Jill Miller A defendant's motion to vacate her conviction on the grounds she received ineffective assistance of counsel and her due process rights were violated was denied by a New York State Supreme Court, Seneca County judge....

Gov. nominates four to NY State Court of Claims.
March 21, 2005... Byline: Staff Jill Konviser-Levine, Marcia P. Hirsch, Melvin L. Schweitzer and Jeremiah J. Moriarty III have all been nominated as judges of the New York State Court of Claims by Gov. George Pataki. Based on their intellect, judgment,...

Commentary: American jury system holds verdict on our democracy.
March 21, 2005... Byline: Staff by Robert J. Grey, jr., President, American Bar Association Recently, our televisions and newspapers have been flooded by high-profile trials. While coverage of these trials often is sensational, the trials themselves...

Harris remembered for legal accomplishments, community projects.
March 21, 2005... Byline: Staff Edward Harris, the grandson of the founder of Harris Beach PLLC, passed away on March 16. He was 92 years of age. Mr. Harris was a retired partner of the firm, but continued to come into the office and participate in firm...

New York State Court of Appeals lists Feb. and March filings.
March 21, 2005... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Erie County election, county laws focus of dispute.
March 21, 2005... Byline: Helen Nguyen Finding the authority to determine the number of election employees and their individual salaries belonged to the Erie County Board of Elections and not the Erie County Legislature, New York State Supreme Court, Erie...

Emergency doctrine applied to auto accident case before the Appellate Division, Fourth Dept.
March 22, 2005... Byline: Kevin M. Momot Where the plaintiffs commenced an action to recover damages for personal injuries sustained in an automobile accident, there was reasonable evidence the defendant was "confronted by a sudden and unforeseen...

Greater Rochester Assn. of Women Attorneys holds 'Herstory' event.
March 22, 2005... Byline: Nora A. Jones Kitty Van Bortel spoke about the obstacles she has encountered, triumphs she has mustered and provided some basic pointers for business success in the second "Herstory" event this year sponsored by the Greater...

Judge Thomas A. Klonick named to NY State Commission on Judicial Conduct.
March 22, 2005... Byline: Daily Record Staff Perinton Town Judge Thomas A. Klonick has been appointed to the New York State Commission on Judicial Conduct. He will join the Commission on April 1. The Commission on Judicial Conduct is an 11-member body...

Seventh Judicial District Commercial Division decisions now online.
March 22, 2005... Byline: Daily Record Staff Decisions from the Seventh Judicial District Commercial Division are now available online at the official website of the New York State Unified Court System. The decisions can be accessed at...

U.S. Bankruptcy Court for the Western District of NY finds evidence did not show collusive transfer.
March 23, 2005... Byline: Nora A. Jones Where a debtor's bankruptcy trustee filed an adversary proceeding against the debtor's matrimonial attorney, the U.S. Bankruptcy Court for the Western District of New York found no evidence that the divorce decree was...

U.S. Court of Appeals and U.S. District Court filings increase.
March 23, 2005... Byline: Daily Record Staff The Administrative Office of the U.S. Courts reported that overall case filings in the federal appellate and trial courts climbed in fiscal year 2004, adding up to a double digit percentage increase in workload...

NY State Bar Assn. rolls out new Website.
March 23, 2005... Byline: Daily Record Staff The New York State Bar Association has revamped its website and now provides its members with online access to substantive legal information that doesn't exist anywhere else on the world wide web. "This is...

Clergy malpractice action dismissed by Appellate Division, Fourth Department.
March 23, 2005... Byline: Jill Miller A romantic and sexual relationship between a pastor and a married woman was mutual and consensual. Thus, the court properly granted the pastor's motion for summary judgment. In W.C. and D.C. v. United Methodist...

Plaintiff entitled to summary judgment on issue of liability under labor law.
March 24, 2005... Byline: Kevin M. Momot In a personal injury action, the plaintiff established as a matter of law he was injured by a fall from an elevated work site. The defendant's nondelegable duty was not met merely by providing safety instructions or...

Mediator open for business at Rochester's Hall of Justice.
March 24, 2005... Byline: Nora A. Jones In 2004, Henry (Hank) L. Jesserer, III became a court mediator within the court system for the State of New York. Within four months, 30 personal injury cases in the Seventh Judicial District were referred for...

Monroe County Bar Assn. seeks nominations for Raymond Pauley Award.
March 24, 2005... Byline: Daily Record Staff In 1999, a resolution by the Board of Trustees of the Monroe County Bar Association created the Raymond J. Pauley Award to perpetuate his name and his commitment to the members of the legal profession. The...

NY State proposal calls for judicial pay increase.
March 24, 2005... Byline: Daily Record Staff The judiciary has submitted a proposal to the state legislature to increase judicial salaries and to adopt a mechanism for regular adjustments to the salaries of state judges. According to the proposal, "New...

NY State Senate passes legislation to amend death penalty law.
March 24, 2005... Byline: Daily Record Staff The New York State Senate recently passed legislation that would amend the state's death penalty law to fix a provision that was ruled invalid by the state Court of Appeals. In addition, the Senate has...

Gender discrimination claims dismissed by U.S. District Court for the Western District of NY.
March 25, 2005... Byline: Helen Nguyen In a case where the plaintiff alleged she was paid less than her male co-workers because of her gender, the U.S. District Court for the Western District of New York found there was insufficient evidence to support her...

Shield law, journalist privilege focus of appeal before NY State Court of Appeals.
March 25, 2005... Byline: Jill Miller The scope of a journalist's privilege in nonconfidential information with regard to criminal proceedings was at the center of an appeal before New York State's highest court. In People v. James Combest, the...

Susan G. Ippoliti named one of Top Paralegals in America.
March 25, 2005... Byline: Daily Record Staff Susan G. Ippoliti, a paralegal at Harter, Secrest & Emery, LLP was named one of the "15 Top Paralegal Experts in America by Thomson Delmar Learning author, Carole A. Bruno. The 15 paralegals will be...

NY State Court of Appeals lists filings for March 4-10, 2005.
March 25, 2005... 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...

Woods Oviatt Gilman LLP adds four new attorneys to Rochester staff.
March 25, 2005... Byline: Daily Record Staff Warren Rosenbaum and John Liebschutz formally of Shapiro, Rosenbaum, Liebschutz and Nelson will join Woods Oviatt Gilman LLP as partners and will be members of the Litigation and Trusts and Estates Practice...