Daily Record (Rochester, NY) articles from March 2006

Daily Record (Rochester, NY) archives from March 2006

NY State Supreme Court, Monroe County judge rules defendant's statements admissible.
March 1, 2006... Byline: Sarah M. Feingold Where the defendant made various statements at the scene of a crime which were subsequently admitted into evidence, the court examined whether the statements were obtained in violation of the defendant's...

GRAWA/Monroe County Bar Assn.'s Family and Careers Committee seeks 2006 nominations.
March 1, 2006... Byline: Daily Record Staff The Greater Rochester Association for Women Attorneys, in conjunction with the Monroe County Bar Association, is accepting nominations for the 2006 GRAWA/MCBA "Family Friendly Employer Award." The Family...

Biking tours are just one of Univ. of Buffalo School of Law professor's off-campus passions.
March 1, 2006... Byline: Nora A. Jones After spending nine weeks on a cross-country bicycle tour last summer, Suzanne E. Tomkins enjoys going back through her photos and reliving a remarkable experience. "I never really saw the Pacific Northwest...

N.Y. State Supreme Court rules child support to be recalculated due to overpayment.
March 2, 2006... Byline: Sarah M. Feingold Where the parties entered into a separation agreement that calculated the amount of child support, the agreement failed to prorate child care expenses and uncovered medical expenses. Reviewing the facts in...

New supervising judge of Ontario County Court appointed.
March 2, 2006... Byline: Daily Record Staff Ontario County Court Judge Craig Doran has been appointed Supervising Judge of Family Courts in the Seventh Judicial District. The appointment, effective as of March 1, was made after discussions with Jan...

Rochester Legal Briefs: March 2, 2006.
March 2, 2006... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions, the appellate court addressed whether arbitration could go forward where there was an inconsistency between state law and a collective bargaining agreement. ...

Defendant assessed as level one sex offender due to inadequate notice.
March 3, 2006... Byline: Sarah M. Feingold Where the defendant pleaded guilty to Rape in the Third Degree, he moved to preclude the People from offering evidence on the ground that the People failed to provide adequate notice of the applicable risk level...

Plaintiff's Social Security disability claim denied.
March 3, 2006... Byline: Helen Nguyen In a disability case where the plaintiff was diagnosed with Charcot Marie Tooth Disease, a neuropathic disease that affects the legs and feet, the U.S. District Court for the Western District of New York concluded...

Frontier's bundled Internet and phone services promotions under scrutiny.
March 3, 2006... Byline: Daily Record Staff Attorney General Eliot Spitzer announced that his office has reached an agreement with a leading upstate telecommunications company to change the way it advertises for Internet and phone services. Frontier...

NY State Court of Appeals lists filings for Jan. 27-Feb. 2, 2006.
March 3, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

Appellate Division, Fourth Department in Buffalo for session, admission ceremony.
March 3, 2006... Byline: Sarah M. Feingold On Friday, Feb. 24, the Appellate Division, Fourth Department held a session of court in Buffalo. Five justices of the Fourth Department, Presiding Judge Eugene F. Pigott, Jr., along with Judges Henry J....

52 New Lawyers Take Oath In Seventh Judicial District of N.Y.
March 6, 2006... Byline: Nora A. Jones The New York State Supreme Court, Appellate Division, Fourth Department convened for a special session on Feb. 27 at the George Eastman House to recognize and swear in 52 new attorneys. Presiding Judge Eugene F....

N.Y. State Supreme Court granted expanded discovery for defendant with amnesia.
March 6, 2006... Byline: Sarah M. Feingold Where the defendant was accused of two counts of Murder in the First Degree and one count of Assault in the First Degree and both sides' psychiatric experts determined he suffered from amnesia, the court examined...

U.S. District Court for the Western District of NY dismisses disability insurance claim.
March 7, 2006... Byline: Helen Nguyen In a dispute involving a disability insurance policy, the U.S. District Court for the Western District of New York concluded the plaintiff's claims must be dismissed based on the doctrine of res judicata. In...

NY Supreme Court, Monroe County judge deems police search of automobile lawful.
March 7, 2006... Byline: Sarah M. Feingold Where the defendant was a passenger in a car that was searched by the police, he argued evidence from the search was obtained in violation of his constitutional rights. Reviewing the facts in People v. Hubert...

U.S. Justice Department sues State of NY over voting rights.
March 7, 2006... Byline: Daily Record Staff The U.S. Justice Dept. announced this month that it has filed suit against the State of New York alleging violations of the Help America Vote Act of 2002 (HAVA). The lawsuit was filed in the U.S. District Court...

NY governor calls for death penalty for anyone convicted murdering police officer.
March 7, 2006... Byline: Daily Record Staff Gov. George E. Pataki announced that he will advance legislation that will call for the death penalty for anyone who is convicted of murdering a police officer in New York State. "Over the past few days,...

Commentary: Does this April 3 deadline apply to you?
March 7, 2006... Byline: Francis G.Marchese If you reached age 70.5 last year, April 3 could be an important deadline. That's the last day you can take your 2005 required minimum distribution (RMD) from your traditional IRAs. If you miss that deadline, the...

N.Y. State Supreme Court rules racial epithets was not made to a public servant.
March 8, 2006... Byline: Sarah M. Feingold Where the defendant made racially motivated epithets and an off-duty investigator heard them, the defendant moved to suppress the statements based on his argument that he did not receive adequate notice.Reviewing...

U.S. District Court, Western District N.Y. upholds drug conviction.
March 8, 2006... Byline: Helen Nguyen In a case where the defendant was convicted on drug-related charges, the U.S. District Court for the Western District of New York denied the defendant's petition to vacate the conviction.In United States v. Franklin...

N.Y. State Bar Announces 2006 legislative recommendations.
March 8, 2006... Byline: Daily Record Staff New York State Bar Association President A. Vincent Buzard outlined several priorities for the 2006 legislative session. Legislative reforms proposed by the NYSBA include: a pay raise for state judges; giving...

Monroe County Bar Assn. hosts farewell party for Janet Montante.
March 9, 2006... Byline: Nora A. Jones Various members of the Monroe County Bar Association, MCBA staff and Foundation of the Bar Board Members gathered on Feb. 27 to thank Janet Montante for her years of service to the MCBA and to wish her well in her new...

Right to privacy for citizens of Rochester, NY, at issue in several recent court decisions.
March 9, 2006... Byline: Sarah M. Feingold The constitutional right to privacy for citizens of the City of Rochester was at issue in several recent court decisions.First, on July 27, 2005 New York State Supreme Court, Monroe County Judge Thomas A. Stander...

Notice regarding Monroe County Bar Association judicial evaluations.
March 9, 2006... Byline: Daily Record Staff The Monroe County Bar Association will once again be evaluating judicial candidates for the November elections and will be conducting the evaluations online from March 20 through 31. We will be evaluating eight...

NY commission requests reform of court procedure to assist solo practitioners, small firm lawyers.
March 10, 2006... Byline: Sarah M. Feingold In February, the Commission to Examine Solo and Small Firm Practice published a new report calling for substantial reform in court procedures that could make life easier and less costly for solo practitioners and...

NY State Supreme Court, NY County rules law firm entitled to lease office space from defendant.
March 10, 2006... Byline: Helen Nguyen Where the plaintiff asserted it was entitled to lease certain office space from the defendant based on its "right of first refusal" under an agreement between the two parties, the New York State Supreme Court, New York...

American Bar Assn. addresses waiver of attorney-client privilege.
March 10, 2006... Byline: Daily Record Staff The American Bar Association urged Congress to exercise stronger oversight of federal law enforcement and regulatory agencies to stem what it describes as a "culture of waiver" that has weakened the...

Rochester Legal Briefs: March 10, 2006.
March 10, 2006... Byline: Daily Record Staff In civil decisions by the Appellate Division, Fourth Department, issues involving conversion of assets, and liability of a real property owner for personal injuries were addressed. The propriety of a jury...

Eight teams reduced to four in the Annual Sydney Rubin Mock Trial in Rochester.
March 13, 2006... Byline: Nora A. Jones Our Lady of Mercy High School had a successful day on March 7 - the Mock Trial team won the privilege of moving on in the competition, and the school received the first installment of a $3 million donation from local...

U.S. District Court, Western District of N.Y. rules federal court lacked jurisdiction over plaintiff.
March 13, 2006... Byline: Helen Nguyen Where the plaintiff's alleged the defendant wrongfully denied them medical, severance and pension benefits, the U.S. District Court for the Western District of New York concluded it did not have jurisdiction over the...

Rochester's Jaeckle Fleischmann & Mugel holds seminar for human resource professionals.
March 13, 2006... Byline: Helen Nguyen Deferred compensation, Roth 401ks and health insurance plans are just some of the major issues that many companies are struggling with today with regard to their employees.On Feb. 28, these employment law issues were...

New York State Court of Appeals lists most recent filings.
March 13, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week.Some of these filed appeals may never reach decision on the merits because of dismissal on motion,...

NY State Supreme Court, Livingston County judge rules special condition of parole was violated.
March 14, 2006... Byline: Sarah M. Feingold Where the petitioner was released to parole supervision with a special condition requiring him to attend sex offender treatment, which was not completed, he was served with a notice of a parole violation.Reviewing...

U.S. District Court for Western District of NY dismisses employment discrimination claims.
March 14, 2006... Byline: Helen Nguyen Concluding there was insufficient evidence that the plaintiff, a Caucasian female, was subjected to a hostile working environment and was terminated on account of her race, the U.S. District Court for the Western...

Monroe County Bar Assn. panel discusses electronic recording of custodial interrogations.
March 14, 2006... Byline: Sarah M. Feingold On Thursday, March 9, over 50 people attended a forum hosted by the Monroe County Bar Association's Criminal Justice Section. The program provided dialogue between the MCBA, law enforcement and members of the...

Disability case remanded due to administrative law judge's error.
March 15, 2006... Byline: Helen Nguyen In a disability case in which the plaintiff claimed she could not work because she had a bipolar mental illness, was blind in one eye and had carpal tunnel syndrome, the U.S. District Court for the Western District of...

Monroe County Court rules show-up identification procedures were proper.
March 15, 2006... Byline: Sarah M. Feingold Where two alleged victims were asked to identify the defendant from a police car and the defendant was 25 feet away, the defendant argued this show-up identification procedure was not conducted properly by the...

Federal court rules physician not considered hospital 'employee'.
March 16, 2006... Byline: Helen Nguyen Concluding a doctor was not an "employee" of the defendant hospital, the U.S. District Court for the Western District of New York dismissed all of the doctor's claims.In Barbara E. Salamon, M.D. v. Our Lady of Victory...

NY State Supreme Court denied defendant's motion to re-sentence.
March 16, 2006... Byline: Sarah M. Feingold Where the defendant was convicted of an A-II felony, he moved for re-sentencing. Reviewing the facts in People v. Douglas Worth, New York State Supreme Court, Monroe County Judge Joseph D. Valentino determined...

Nora Jones named executive director of BOA Editions, Ltd. in Rochester.
March 16, 2006... Byline: Daily Record Staff The Daily Record Correspondent Nora Jones has been named executive director of BOA Editions, Ltd. (BOA), a local publishing house founded in 1976 by Brockport professor and poet A. Poulin, Jr. For the past two...

Influences on federal court caseload in 2005.
March 16, 2006... Byline: Daily Record Staff In fiscal year 2005, the workload of the federal judiciary was affected in part by U.S. Supreme Court decisions, new legislation and forces of nature. Filings of appeals reached record highs, while civil and...

District Court awards $270,000 in attorney's fees.
March 17, 2006... Byline: Helen Nguyen Concluding the plaintiff's claims were meritless and that the plaintiff acted in "bad faith" in initiating his employment discrimination lawsuit against the defendants, the U.S. District Court for the Western District...

Monroe County Court judge says spontaneous identification testimony was admissible.
March 17, 2006... Byline: Sarah M. Feingold Where a witness "spontaneously identified" the defendant within minutes of the crime and a few houses from the scene of the crime, the defendant moved to suppress the identification testimony.Reviewing the facts...

Next Herstory Lecture in Rochester is March 29.
March 17, 2006... Byline: Daily Record Staff What was it like for Dr. Ruth Lawrence to attend medical school in the late 1940s when it was assumed that a woman interested in medicine should become a nurse? What inspired Dr. Wende Logan-Young to focus on...

Notice to all bankruptcy petitioners.
March 17, 2006... Byline: Daily Record Staff Re: Foreign language interpreters at 341 meetings of creditorsEffective immediately, the U.S. Trustee will no longer be paying for or coordinating foreign language interpreters at 341 meeting of creditors. If...

Rochester Legal Briefs: March 17, 2006.
March 17, 2006... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions, issues regarding civil discovery were addressed.CIVIL DECISIONS Discovery - Subsequent Repairs A motor vehicle accident occurred just past the tollbooths at a...

NY State Court of Appeals rules anonymous tip did not justify police action.
March 20, 2006... Byline: Helen Nguyen Concluding the police were not justified in stopping the defendant based on an anonymous tip, the New York State Court of Appeals granted the defendant's motion to suppress the gun that the police seized from him.In...

Monroe County Court judge rules search was conducted without probable cause.
March 20, 2006... Byline: Sarah M. Feingold Where parole officers entered a house looking for a parolee and discovered contraband, the two defendants moved to have the evidence suppressed.Reviewing the facts in People v. Yvette C. Solomon and Lanard Davis,...

Monroe County Bar Association seeks nominations for Raymond J. Pauley Award.
March 20, 2006... Byline: Daily Record Staff Back 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...

Monroe County Court judge rules evidence sufficient to show DWI offense.
March 21, 2006... Byline: Sarah M. Feingold Where the defendant was found slumped over his steering wheel, failed sobriety tests and smelled of alcohol, he was charged with Driving While Intoxicated. The defendant moved to suppress any tangible...

U.S. District Court for the Western District of NY upholds denial of disability benefits.
March 21, 2006... Byline: Helen Nguyen In a disability case where the plaintiff claimed he could no longer work due to chronic back pain, the U.S. District Court for the Western District of New York concluded substantial evidence existed to support the...

NY State Attorney General's Office sues H&R Block for alleged fraudulent marketing of IRAs.
March 21, 2006... Byline: Daily Record Staff The New York State Attorney General's Office recently announced its lawsuit against the nation's largest tax preparation company for fraudulent marketing of individual retirement accounts (IRAs).The suit alleges...

Greater Rochester Association of Realtors: New residential listings up in February.
March 21, 2006... Byline: Sarah M. Feingold According to the Greater Rochester Association of Realtors, year-to-date existing single-family home sales are down 1.9 percent compared to 2005, and are up 3.1 percent compared to last month. The average sale...

NY State Court of Appeals lists filings for Feb. 3 through Feb. 9, 2006.
March 21, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals.Some of these filed appeals may never reach...

Rochester Legal Briefs: March 21, 2006.
March 21, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department decisions addressed issues in the area of criminal law. A civil lawsuit involved whether there was a cause of action for false arrest or malicious prosecution. Another...

Mock Trial in Rochester narrows to just two teams.
March 22, 2006... Byline: Nora A. Jones Monroe County Family Court Judge Joan S. Kohout presided over the Mock Trial competition between Pittsford-Mendon High School and Brighton High School in the March 14 round of the county tournament."I wish I had a...

New York State Comptroller rules gift certificates deemed abandoned property.
March 22, 2006... Byline: Sarah M. Feingold Where the New York State Comptroller determined the petitioner was required to report as abandoned property and pay over the entire unclaimed amount of the expired gift certificate, the petitioner challenged the...

NYSBA Elder Law Section offers award for law students.
March 22, 2006... Byline: Daily Record Staff The Elder Law Section of the New York State Bar Association wants to reward law students who are taking the initiative to help the indigent and underserved elderly with an award and membership in the section. The...

Defendant's conviction upheld despite perjury committed by expert witness.
March 23, 2006... Byline: Helen Nguyen Perjury by an expert witness of the prosecution was the central issue addressed by the U.S. District Court for the Western District of New York in Robie Drake v. L.A. Portuondo, Superintendent, Shawangunk Correctional...

Delay period found excludable by Monroe County Court.
March 23, 2006... Byline: Sarah M. Feingold Where the defendant asserted that the People were not ready for trial within six-months of the commencement of the criminal action, he moved to dismiss the action.Reviewing the facts in People v. Shawn Martinez,...

Monroe County Court rules eavesdropping on gang member was proper.
March 24, 2006... Byline: Sarah M. Feingold Where the police eavesdropped on a gang member's communications, he moved to suppress the electronically intercepted conversations.Reviewing the facts in People v. Tim Jones, Monroe County Court Judge Elma A....

Eavesdropping On Gang Member Was Proper.
March 24, 2006... Byline: Sarah M. Feingold

Clemency for death row inmates to be examined.
March 24, 2006... Byline: Daily Record Staff Lawyers involved in four highly publicized death-row cases, including the clemency plea of Stanley "Tookie" Williams, will participate in a panel discussion on "Executive Clemency in Capital Cases," organized by...

Complaints against judges declined in 2005.
March 24, 2006... Byline: Daily Record Staff Federal law allows any person to file a complaint alleging that a federal circuit judge, district judge or magistrate judge did something prejudicial to the effective and expeditious administration of the...

Rochester Legal Briefs: March 24, 2006.
March 24, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department decisions addressed issues in the area of criminal law. One appeal concerned whether a first offender should receive "Youthful Offender" status for a felony. A civil...

N.Y. State Court of Claims rules additional fees to be awarded in eminent domain case.
March 27, 2006... Byline: Sarah M. Feingold Where the state took possession of property owned by the claimants, a trial court awarded damages in the amount of $560,000. The claimant moved for additional allowances for attorney's fees, appraisal expenses...

Our Lady of Mercy Mock Trial Team wins Monroe County Championship.
March 28, 2006... Byline: Nora A. Jones New York State Supreme Court Judge Evelyn Frazee presided over the final round of the Monroe County Mock Trial tournament on March 21, ultimately declaring the students from Our Lady of Mercy as the winner over their...

New York State Court of Appeals rules illegal immigrants entitled to sue for lost earnings.
March 28, 2006... Byline: Helen Nguyen Despite their illegal immigration status, aliens who enter the United States and obtain jobs may sue their employers for lost wages under New York State's Labor Law if they become injured while on the job, ruled the...

N.Y. State Supreme Court modifies marital maintenance payment.
March 29, 2006... Byline: Sarah M. Feingold Where the defendant was terminated from his job, he sought a suspension of his maintenance and life insurance payments to the plaintiff.Reviewing the facts in Bonita Simmons v. Arthur Simmons, Acting New York...

Health plan errors and denials top consumer complaints in N.Y.
March 29, 2006... Byline: Daily Record Staff New York State Attorney General Eliot Spitzer released a report outlining the top consumer complaints concerning health care in New York State. The single most frequently reported complaint involved errors by...

New York State Court of Appeals lists more February 2006 filings.
March 29, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals.Some of these filed appeals may never reach...

District Court says evidence failed to support FMLA claim.
March 30, 2006... Byline: Helen Nguyen In a case where the plaintiff suffered from depression and bipolar disorder, and claimed that his employer violated his rights under the Family and Medical Leave Act (FMLA), the U.S. District Court for the Western...

Motion to vacate arson conviction denied by Monroe County Court judge.
March 30, 2006... Byline: Sarah M. Feingold Where the defendant was serving a term of imprisonment for Arson in the Third Degree, he moved to vacate the judgment based on "newly discovered" evidence.Reviewing the facts in People v. Rikki Adams, Monroe...

Judge Griffith named co-chair of the NYS Family Violence Task Force.
March 30, 2006... Byline: Daily Record Staff Chief Judge Judith S. Kay announced the appointment of Judge Michael F. Griffith as co-chair of the Family Violence Task Force. The statewide task force was appointed in 1994 to educate and train judges regarding...

NY State Court of Appeals lists filings for February 10-16, 2006.
March 30, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals.Some of these filed appeals may never reach...

Cancer survivors model for Gilda's Club fashion show.
March 30, 2006... Byline: Sarah M. Feingold On Sunday, March 26, around 70 cancer survivors walked the catwalk during the annual Surviving in Style with Grace and Glamour Fashion Show to benefit the adult program at Gilda's Club Rochester. The event...

Chapter 11 petition dismissed for cause.
March 31, 2006... Byline: Sarah M. Feingold Where the debtor filed a Chapter 11 petition in order to stop the City of Rochester from completing its In Rem real estate tax foreclosure sale of certain properties, the court examined whether to grant the...

Court denies plaintiff's claim for disability benefits.
March 31, 2006... Byline: Helen Nguyen In a case where the plaintiff applied for disability benefits due to carpal tunnel syndrome, diabetes, arthritis and other medical conditions, the U.S. District Court for the Western District of New York concluded...

New judge named for summary jury trials in New York.
March 31, 2006... Byline: Daily Record Staff Chief Administrative Judge Jonathan Lippman announced the designation of Judge Lucindo Suarez as the Statewide Coordinating Judge for Summary Jury Trials. In this newly created position, Judge Suarez will oversee...

Rochester Legal Briefs: March 31, 2006.
March 31, 2006... Byline: Daily Record Staff In civil decisions of the Appellate Division, the Fourth Department addressed issues of "piercing the corporate veil," summary judgment and breach of an employment contract. CIVIL DECISIONS Wrongful Death -...

New York State Court of Appeals lists filings for February 17-23, 2006.
March 31, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals.Some of these filed appeals may never reach...