Daily Record (Rochester, NY) articles from March 2008

Daily Record (Rochester, NY) archives from March 2008

Case Digests.
March 3, 2008... U.S. Court of Appeals for the Second Circuit Immigration Waiver -- Removal Walcott v. Chertoff 06-5516-ag Appealed from the Board of Immigration Appeals Background: The petitioner became a lawful permanent resident of the United States in...

Commentary: The 401(k) debit card, or debt building card? Part 2.
March 3, 2008... Byline: Robert C. Newton A couple of weeks ago, I began discussing a new service offered to 401(k) plan sponsors, a 401(k) debit card. The service is being promoted as a way for plan sponsors to eliminate the administrative burden of plan...

Commentary: Indicting ham sandwiches.
March 3, 2008... Byline: Nicole Black "The grand jury... charges that... Felix Vinluan, with the intent that the defendant nurses engage in conduct constituting the crimes of Endangering the Welfare of a Child... requested and otherwise attempted to...

U.S. Court of Appeals, 2nd Circuit Case Summaries: March 3, 2008.(Case overview)
March 3, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Immigration Waiver -- Removal Walcott v. Chertoff 06-5516-ag Appealed from the Board of Immigration Appeals Background: The petitioner became a lawful permanent...

Appellate Division 3rd Department Case Summaries: March 3, 2008.(Case overview)
March 3, 2008... Byline: Daily Record Staff Appellate Division, Third Department Negligence Notice Lapin v. Atlantic Realty Apts. Co. 01624 Appealed from Supreme Court, New York County Background: The plaintiff's dog leash slipped into the two-inch...

U.S. Court of Appeals 2nd Circuit Case Summaries: March 3, 2008.(Case overview)
March 4, 2008... Byline: The Daily Record Staff U.S. Court of Appeals for the Second Circuit Federal Tort Claims Equitable Tolling Valdez v. United States 06-1333-cv Appealed from the Southern District of New York Background: The plaintiff's...

EPIC Advisors Inc. CPA receives Certified Pension Consultant designation.
March 4, 2008... Byline: Danielle Derringer EPIC Advisors Inc. announced Jean M. Dailey, CPA, QPFC, senior manager of plan services, received the Certified Pension Consultant (CPC) professional certification designation from the American Society of Pension...

Rochester mayor announces plan to fight graffiti.
March 4, 2008... Byline: The Daily Record Staff Mayor Robert J.?Duffy and Rochester Police Chief David Moore joined with City Councilmember Lovely Warren, Neighborhood Empowerment Team Director Molly Clifford and Department of Environmental Services...

New York State housing market slows in January.
March 4, 2008... Byline: Danielle Derringer Sales of existing single-family homes decreased in January by more than 25 percent compared to December 2007, according to the New York State Association of Realtors (NYSAR). The January 2008 sales total of 4,997...

Commentary: Welcome to the newly-admitted attorneys of 2008.
March 4, 2008... Byline: Langston D. McFadden On Feb. 21, hundreds of new attorneys were sworn in to the New York State Bar. With each oath taken, a new attorney was welcomed into this fraternity/ sorority we call the practice of law. But I wonder if each...

Edward M. O'Brien appointed to The Brockport College Council.
March 4, 2008... Byline: Danielle Derringer Harris, Chesworth, O'Brien, Johnson Welch & Leone LLP announced Edward M. O'Brien was appointed to The Brockport College Council by Gov. Eliot Spitzer. O'Brien's term will run for seven years, through June 30,...

Rochester's Richard A. Kroll Law Offices hires two.
March 4, 2008... Byline: Danielle Derringer Richard A. Kroll Law Offices hired Carolyn A. Reardon, Esq. and Marcus W. Kroll J.D., M.A. Reardon is a former senior attorney with Monroe County Legal Assistance Corporation. She concentrates on elder law,...

The Greater Niagara Frontier Council of the Boy Scouts of America names chief development officer.
March 4, 2008... Byline: Danielle Derringer The Greater Niagara Frontier Council of the Boy Scouts of America announced Joseph J. Abdallah was named chief development officer. Abdallah has dedicated most of his career to leadership development and...

Hiscock & Barclay LLP names new partner in Buffalo office's corporate practice area.
March 4, 2008... Byline: Danielle Derringer Hiscock & Barclay LLP announced Herbert J. Glose as a partner in the Buffalo office's corporate practice area. Glose has more than 20 years of legal experience, focusing his practice on business law through...

NY's CABHQ LLC adds two to staff.
March 4, 2008... Byline: Danielle Derringer CABHQ LLC hired Mary Coombs and Derek Vanderline. Coombs was hired as chief operating officer and is responsible for overseeing the day-to-day operations of the business and all marketing initiatives. Vanderline...

Goldberg Segalla LLP adds two to Buffalo office.
March 4, 2008... Byline: Danielle Derringer Goldberg Segalla LLP hired Joseph J. Welter and Toni L. Frain. Welter was hired as a partner in the Buffalo office. His practice includes the representation of local, national and international insurance...

Phillips Lytle LLP partner re-elected to Leadership Buffalo Board.
March 4, 2008... Byline: Danielle Derringer Phillips Lytle LLP announced partner John G. Schmidt Jr. was re-elected to the Leadership Buffalo Board and the Greater Niagara Frontier Council of the Boy Scouts; and David L. Edmunds Jr., special counsel, was...

Coldwell Banker Prime Properties adds associate in Greece office.
March 4, 2008... Byline: Danielle Derringer Coldwell Banker Prime Properties hired John Panzer as an associate in the Greece office. He specializes in new and existing residential property throughout the Rochester area.

New York Supreme Court Case Summaries: March 4, 2008.(Case overview)
March 4, 2008... Byline: The Daily Record Staff New York Supreme Court New York County Divorce Same-Sex Marriage -- Custody Beth R. v. Donna M. 350284/07 Laura E. Drager, Judicial Referee Background: The same-sex couple in this matter was married...

New York Appellate Division, 3rd Department Case Summaries: March 4, 2008.(Case overview)
March 4, 2008... Byline: The Daily Record Staff Appellate Division, Third Department Due Process Jury Instructions People v. Karika 101307 Appealed from Tioga County Court Background: The defendant appeals his conviction for sexual abuse and a...

U.S. District Court Western District Case Summaries: March 3, 2008.(Case overview)
March 4, 2008... Byline: The Daily Record Staff U.S. District Court, WDNY Eighth Amendment Official Capacity -- 11th Amendment Rodriguez v. Department of Corrections 05-CV-6215 CJS Judge Siragusa Background: The plaintiff prisoner brought an...

Rochester Institute of Technology to host Pollution Prevention Institute.
March 4, 2008... Byline: The Daily Record Staff The Rochester Institute of Technology (RIT) recently was selected to host the Pollution Prevention Institute, a research and development center that will design and test "green" manufacturing methods and...

City employee arrested for altering time cards.
March 4, 2008... Byline: The Daily Record Staff A city employee was arrested last week for altering time cards and unlawfully receiving overtime payments in excess of $1,000. Deborah B. Murray, of Walworth, was arraigned in city court Friday on felony...

U.S. Supreme Court Case Summaries: March 5, 2004.(Case overview)
March 5, 2008... Byline: The Daily Record Staff U.S. Supreme Court Tax Evasion Deficiency -- Stock Distribution Boulware v. United States 06-1509 Appealed from the Ninth Circuit Background: The defendant was charged with criminal tax evasion for...

Commentary: When should you buy or sell?
March 5, 2008... Byline: Michael Swanson News articles from throughout the country are reporting that property values are dropping and markets are in bad shape. Some parts of the country, like Upstate New York, have weathered the storm of property...

Finger Lakes Community College launches green initiative.
March 5, 2008... Byline: The Daily Record Staff Finger Lakes Community College President Barbara G. Risser on Wednesday signed the American College and University Presidents' Climate Commitment, according to a release from the college. The event marked the...

Commentary: Muni bonds offer opportunity of a lifetime.
March 5, 2008... Byline: Sharon L. Thornton Relaxed lending standards of financial institutions created today's financial chaos. The imprudent use of leverage in buying a house with no money down and interest-only loans with virtually no collateral for...

Appellate Division, 3rd Department Case Summaries: March 5, 2008.(Case overview)
March 5, 2008... Byline: The Daily Record Staff Appellate Division, Third Department Jury Instructions Justification People v. Zindle 100725 Appealed from County Court, Otsego County Background: The defendant was convicted of assault and now...

U.S. District Court Western District Case Summaries: March 5, 2008.(Case overview)
March 5, 2008... Byline: The Daily Record Staff U.S. District Court, WDNY Debt Collection Abuse of Process Bowens v. Mel S. Harris and Associates LLC 07-CV-459S Judge Skretny Background: The plaintiff alleges violations of the Fair Debt...

U.S. Court of Appeals 2nd Circuit Case Summaries: March 5, 2008.(Case overview)
March 5, 2008... Byline: The Daily Record Staff U.S. Court of Appeals for the Second Circuit Negligence Failure to Warn In Re M/V DG Harmony 05-6116-cv Appealed from the Southern District of New York Background: The defendant shipped calhypo, an...

New York State Author and State Poet named.
March 5, 2008... Byline: The Daily Record Staff The new New York State Author is Mary Gordon and State Poet is Jean Valentine, Gov. Eliot Spitzer announced earlier this week. Gordon and Valentine received Citations of Merit at the State Capitol on Monday....

Mayor of Rochester invites public to discuss budget.
March 5, 2008... Byline: The Daily Record Staff Mayor Robert J. Duffy recently held the first of two "City Hall on the Road" meetings to discuss the upcoming 2008-2009 city budget. The community's input is being sought while the budget is being formulated....

U.S. District Court, Western District of N.Y. Case Summaries: March 6, 2008.(Case overview)
March 5, 2008... Byline: Daily Recods Staff U.S. District Court, Western District of N.Y. ADA Statute of Limitations Baker v. CSX Transportation Inc. 05-CV-6559T Judge Telesca Background: The plaintiff was an operations manager for CSX who alleges...

U.S. Court of Appeals 2nd Circuit Case Summaries: March 7, 2008.(Case overview)
March 7, 2008... Byline: The Daily Record Staff U.S. Court of Appeals for the Second Circuit Real Property Subdivision Restriction O'Mara v. Town of Wappinger 06-0078-cr Appealed from the Southern District of New York Background: The plaintiffs...

Monroe County courts receive grants.
March 7, 2008... Byline: The Daily Record Staff Sixteen town and village courts throughout Monroe County have been awarded funds totaling $141,732.67 to renovate and purchase equipment to improve operations and secure their facilities. The funds were...

Commentary: Rentals, real estate sales and gifts.
March 7, 2008... Byline: Shelby L. Cates Year-end tax review: Rental real estate For real estate professionals, losses from rental real estate activities are not subject to the passive loss rules if, during a tax year: * More than 50 percent of the...

Sub-prime shakeout on Rochester's low-income and minority communities.
March 7, 2008... Byline: Elizabeth Stull A new report on the impact of subprime loans shows that local lower-income and minority communities will suffer the brunt of the mortgage lending crisis, even though Rochester has fared better than several other...

Appellate Division, 3rd Department Case Summaries: March 7, 2008.(Case overview)
March 7, 2008... Byline: The Daily Record Staff Appellate Division, Third Department Strict Liability Penal Law -- Jury Charge People v. Haddock 100699 Appealed from County Court, Albany County Background: The defendant was convicted of a sex...

Appellate Division, 1st Department Case Summaries: March 7, 2008.(Case overview)
March 7, 2008... Byline: The Daily Record Staff Appellate Division, First Department Mortgages Equitable Loan M & B Joint Venture v. Laurus Master Fund 01835 Appealed from Supreme Court, New York County Background: The plaintiff claims an...

U.S. District Court Western District Case Summaries: March 7, 2008.(Case overview)
March 7, 2008... Byline: The Daily Record Staff U.S. District Court, WDNY Prisoner Civil Rights Medical Care Walker v. McGinnis 05-CV-0418F Judge Foschio Background: Motions for summary judgment are before the court. The plaintiff claims the...

Volunteers needed for Flower City Habitat for Humanity program.
March 7, 2008... Byline: The Daily Record Staff Flower City Habitat for Humanity (FCHH) is seeking several dozen volunteers to assist with moving inventory from its current ReStore to a newly-refurbished location on Culver Road near East Main Street,...

Decision of Interest: Does purchaser assume tort liabilities of seller?
March 10, 2008... Byline: Daily Record Staff Report Brinkman v. Bondex International Inc., et al., Oswego County Supreme Court In an asbestos-exposure case, did the purchaser of a car dealership assume the tort liabilities of the seller? No. The Asset...

A closer look at LEED.
March 10, 2008... Byline: Danielle Derringer The Leadership in Energy and Environmental Design (LEED) Green Building Rating System is the nationally accepted benchmark for the design, construction and operation of high performance green buildings. According...

Commentary: Proposed changes to state's Brownfield Cleanup Program.
March 10, 2008... Byline: George S. Van Nest The Brownfield Cleanup Program (BCP) is about to undergo substantial changes. Statutorily enacted in 2003, the program encourages the redevelopment and reuse of brownfield sites by providing liability relief...

Commentary: It's not too late! Review your 403(b) plan today.
March 10, 2008... Byline: Jean M. Dailey As the Jan. 1, 2009 deadline for changes resulting from the Final 403(b) Regulations approaches, the time to act is now. Employers that can sponsor a 403(b) Plan are limited to public schools, including colleges and...

Muzzling minor dissent.
March 10, 2008... Byline: Nicole Black "How come Andrew gets to get up? If he gets up, we'll all get up, it'll be anarchy!" -- "The Breakfast Club" (1985) It is the thorn in the side of every school administrator: organized student dissent, which...

New Yorkers support anti-discrimination laws.
March 10, 2008... Byline: Daily Record Staff Report A statewide poll found that 78 percent of New Yorkers support passing a law to protect transgender people from discrimination in employment, housing, public accommodations and other areas. The poll was...

The business of green in Rochester.
March 10, 2008... Byline: Danielle Derringer In recent years, the push toward greater energy efficency in the United States has grown exponentially. In politics and business, with even Hollywood stars endorsing the latest hybrid cars, becoming greener in...

Rochester native Rick Staropoli: One lawyer's creative journey.
March 10, 2008... Byline: Elizabeth Stull Rick Staropoli retired from the law at age 33, and now spends his days on movie sets and sound stages. Some might say he's living the dream -- but he said recently that he had to survive a nightmare to get there....

New York's governor announes grants for affordable housing.
March 10, 2008... Byline: Daily Record Staff & Wire Reports Gov. Eliot Spitzer announced $4.175 million in grants to build and preserve 169 units of affordable housing throughout New York State, according to a release from Spitzer's office. The grants, which...

Applications available for phase three of housing project in Rochester.
March 10, 2008... Byline: Daily Record Staff Report Providence Housing Development Corp. will accept rental applications for Olean Heights, the third phase of the Olean-Kennedy Revitalization Project, from March 14 through, April 11. The project includes 32...

New company harnesses Wayne County contractor.
March 10, 2008... Byline: Daily Record Staff & Wire Reports The owner of Jiminy Peak Mountain Resort in Hancock, Mass., announced the formation of a new renewable energy venture at the ski resort. The new company, EOS Ventures LLC, will use Sustainable...

U.S. District Court, Western District of New York Case Summaries: March 10, 2008.(Case overview)
March 10, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Suppression Wiretap U.S. v. Deponceau 05-CR-6124L Judge Larimer Background: Following a recommendation and report from Judge Payson, Judge...

Appellate Division, Third Department Case Summaries: March 10, 2008.(Case overview)
March 10, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Third Department Medical Malpractice Informed Consent Snyder v. Simon 99666 Appealed from Supreme Court, Albany County Background: The plaintiff's eye surgery to...

New York Court of Claims Case Summaries: March 10, 2008.(Case overview)
March 10, 2008... Byline: Daily Record Staff & Wire Reports NY Court of Claims Malicious Prosecution Negligent Supervision Kinge v. State of New York 88273 Judge Midey Background: The claimant seeks damages from the state for her prosecution,...

Western New York Lawyers in the News: March 11, 2008.
March 11, 2008... Byline: Danielle Derringer Phillips Lytle LLP announced Chandy Z. Kemp, an attorney with the firm, was appointed to the board of directors of Mercy Residential Services for a three-year term. She also was appointed leader of Brownie Troop...

New York State Court of Appeals Case Digests: March 11, 2008.
March 11, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Immigration Fraudulent Application Corovic v. Mukasey 07-0156-ag Appealed from the Board of Immigration Appeals Background: The petitioner seeks review of an order...

Commentary: Planning for technology changes.
March 11, 2008... Byline: Martha Buyer A couple of weeks ago a close friend of mine called in a panic. An office move was pending and there was some sort of crisis about telephone service and equipment. "Could you please come in and help right away?" she...

News Briefs.
March 11, 2008... City Councilmembers Lobby Washington Several Rochester City Councilmem-bers are participating in the National League of Cities' (NLC) Congressional City Conference in Washington, D.C., which started Saturday. Congress will consider several key...

Home Rochester boosts city homeownership.
March 11, 2008... Byline: Danielle Derringer The Home Rochester program brings together years of trial and error from a variety of affordable housing initiatives in the City of Rochester. Home Rochester was formed out of a group called the Housing Occupancy...

Rochester City Councilmembers lobby Washington.
March 11, 2008... Byline: Daily Record s Several Rochester City Councilmembers are participating in the National League of Cities' (NLC) Congressional City Conference in Washington, D.C., which started Saturday. Congress will consider several key issues...

City Councilmembers Lobby Washington.
March 11, 2008... Byline: Daily Record Staff Several Rochester City Council members are participating in the National League of Cities' (NLC) Congressional City Conference in Washington, D.C., which started Saturday. Congress will consider several key...

New York State sees record support collections.
March 11, 2008... Byline: Daily Record Staff The Office of Temporary and Disability Assistance, which manages support collections, recently reported that more children are receiving health insurance and payments due to increased enforcement and...

Rochester company helps tornado-struck counties.
March 11, 2008... Byline: Daily Record Staff Rochester-based Pictometry International Corp., a leading provider of geo-referenced aerial image libraries, has captured new images of tornado-stricken areas in the South as part of its program to help counties...

Buffalo-based Ontario Specialty Contracting Inc. receives major equity investment.(Company overview)
March 11, 2008... Byline: Daily Record Staff Trillium Group, a private equity firm based in Rochester, Jasco Tools, also of Rochester, and the New York State Common Retirement Fund announced a multimillion-dollar equity investment in Ontario Specialty...

U.S. Court of Appeals for the Second Circuit Case Summaries: March 11, 2008.(Case overview)
March 11, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Immigration Fraudulent Application Corovic v. Mukasey 07-0156-ag Appealed from the Board of Immigration Appeals Background: The petitioner seeks...

U.S. Court of Claims Case Summaries: March 11, 2008.(Case overview)
March 11, 2008... Byline: Daily Journal of Commerce Staff Report U.S. Court of Claims Subject Matter Jurisdiction Siler v. United States 08-099C Judge Firestone Background: The plaintiff claims to be the owner of the trademark to the phrase "StanTheMan"...

U.S. District Court, Western District of New York Case Summaries: March 11, 2008.(Case overview)
March 11, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York ERISA Oral Modification Colon v. Unum Life Insurance Co. 06-CV-6527T Judge Telesca Background: The plaintiff's husband modified his life...

Appellate Division, First Department Case Summaries: March 11, 2008.(Case overview)
March 11, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, First Department Negligence Proximate Cause Ridolfi v. Williams 02000 Appealed from Supreme Court, New York County Background: The plaintiff appeals the grant of summary...

Appellate Division, Third Department Case Summaries: March 11, 2008.(Case overview)
March 11, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Third Department Sentencing Plea Agreement -- Breach People v. Favor 100489 Appealed from County Court, Broome County Background: The defendant was convicted after...

Rochester Area Community Foundation hires one and announces new board members.
March 11, 2008... Byline: Daily Record Staff Report Rochester Area Community Foundation hired Dana K. Miller and announced Ted Boucher, Susan E. Acker, Nancy E. Catarisano, CPA and Michael G. Kane to the board of directors. Miller was hired as vice...

Rochester-based SWBR Architects board of directors announces promotions.
March 11, 2008... Byline: Daily Record Staff Report SWBR Architects board of directors promoted E. Joseph Gibbons AIA, LEED AP, CCS, CDT; Robert Simonetti AIA, LEED AP and Peter DeBraal AIA, CSI, LEED AP as senior associates within the firm. Gibbons is a...

Rochester-based Bonadio Group hires seven assistant accountants.
March 11, 2008... Byline: Daily Record Staff & Wire Reports The Bonadio Group hired Mario Nucci, Stephen Zukoski, Brian C. DeFrees, Angela S. Norris, Adam D. Nemchick, Christopher Whipple and Kellen P. Leone as assistant accountants with the company.

E.J. Del Monte Corporation hires Kelly Chase and promotes Maureen Malec.
March 11, 2008... Byline: Daily Record Staff Report The E.J. Del Monte Corporation hired Kelly Chase and promoted Maureen Malec at the Marriott Airport in Greece. Chase was hired as director of human resources and is responsible for all policies,...

Bausch & Lomb hires Paul H. Sartori, Ph.D.
March 11, 2008... Byline: Daily Record Staff & Wire Reports Bausch & Lomb hired Paul H. Sartori, Ph.D., as corporate vice president and chief human resources officer. Sartori has more than two decades of experience in the healthcare, pharmaceutical and...

University of Buffalo athletic director receives "Forty Under 40" award.
March 11, 2008... Byline: Daily Record Staff & Wire Reports University at Buffalo announced Warde J. Manuel, director of athletics was honored in Street and Smith Sports Business Journal among the national "Forty Under 40" award winners -- a designation...

Case Digests.
March 12, 2008... U.S. Court of Appeals for the Second Circuit Criminal Jury Instructions Permissible Inference U.S. v. Tran 05-5644-cr Appealed from Western District of New York Background: The defendant was convicted of knowingly transporting...

Commentary: Money Management.
March 12, 2008... Byline: Kevin B. Murray In recent months we have seen a variety of economic experts discuss the probability of the United States economy going into a recession. A year ago, the odds for a 2007-2008 recession were often given as "below...

Commentary: The county Legislature's fightin' words.
March 12, 2008... Byline: Scott Forsyth On Feb. 12, the Monroe County Legislature selected our next public defender at a raucus meeting. Unspecified threats of violence prompted the Republican leadership to take extraordinary security measures, which...

SWBR Architects in Rochester wins award.
March 12, 2008... Byline: Daily Record Staff Report SWBR Architects recently announced Tim Zigarowicz and Heather Smith won third place in the Habitat for Humanity -- Green Can Be Affordable design competition. As third place winners, Zigarowicz and Smith...

Station 55 in Rochester open for living, art.
March 12, 2008... Byline: Danielle Derringer Station 55, a vendor market with loft apartments and storage facilities, recently held its grand opening, allowing the public a glance at the latest renovation project in town. Located at 55 Railroad St. in the...

New York to help spur economic growth in blighted areas.
March 12, 2008... Byline: Daily Record Staff & Wire Reports Gov. Eliot Spitzer, Assembly Speaker Sheldon Silver and Senate Majority Leader Joseph L. Bruno on Friday announced the signing of an agreement to help rebuild blighted areas and spur economic...

Rochester-to-Toronto ferry service planned.
March 12, 2008... Byline: Daily Record Staff & Wire Reports Mayor Robert J. Duffy and the Toronto Port Authority (TPA) last week announced plans to jointly issue a request for qualifications (FRQ) soliciting a privately funded and operated ferry service for...

Class action filed in federal court in New York over naturalization delays.
March 12, 2008... Byline: Daily Record Staff & Wire Reports A class-action lawsuit was filed on behalf of immigrants challenging unlawful delays in the processing and adjudication of their naturalization papers by U.S. Citizenship and Immigration Services...