Daily Record (Rochester, NY) articles from March 2009

Daily Record (Rochester, NY) archives from March 2009

U.S. Court of Appeals for the 2nd Circuit Case Summaries: March 2, 2009.(Case overview)
March 2, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Libel Geiger v. Town of Greece Summary Order 07-4970-cv Appealed from the Western District of New York Background: Geiger appeals from a judgment denying his motion...

U.S. District Court, Western District of N.Y. Case Summaries: March 2, 2009.(Case overview)
March 2, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Civil Rights Property Rights Ludwig v. City of Jamestown 05-CV-353 Judge Arcara Background: The litigation arose from the decision of the Jamestown Board...

U.S. Bankruptcy Court, Western District of N.Y. Case Summaries: March 2, 2009.(Case overview)
March 2, 2009... Byline: Daily Record Staff U.S. Bankruptcy Court, Western District of N.Y. Chain of Title Bona Fide Purchaser In Re Badagliacca 06-22132 Judge Ninfo Background: The debtors filed a petition initiating a Chapter 13 case, and...

Case Digests.
March 2, 2009... U.S. Court of Appeals for the Second Circuit Libel Geiger v. Town of Greece Summary Order 07-4970-cv Appealed from the Western District of New York Background: Geiger appeals from a judgment denying his motion for reconsideration of the...

Commentary: American Bar Association 2009 Mid-year Meeting.
March 2, 2009... Byline: David M. Schraver The 2009 Midyear meeting of the ABA House of Delegates was held earlier this month in Boston and, for the first time, was broadcast live over the Web. At the outset of ABA President H. Thomas Wells's remarks, he...

Commentary: Is suspending a match the right thing to do?
March 2, 2009... Byline: James M. Genthner Eastman Kodak Suspends 401(k) Match was a top local headline in December, when the company announced its latest plan to cut its losses and restore profitability. It seems that every day we hear another...

Commentary: The long and short of it.
March 2, 2009... Byline: Nicole Black These days, my hair is long because that's how I like it. It wasn't always that way. Throughout my legal career I've struggled with the issue of how to style my hair and dress appropriately so as to maximize the...

Neighborhood Focus: Rochester's East Avenue.
March 2, 2009... Byline: Colleen M. Farrell Arguably Rochester's swankiest neighborhood -- the East Avenue corridor -- had much more humble beginnings. Originally an old Native American trail, East Avenue once was merely the dirt path that led to Pittsford...

Presiding Justice Henry J. Scudder details civil decisions from the 4th Dept.
March 2, 2009... Byline: Elizabeth Stull Fifty-five lawyers munched on pizza and wings with the presiding justice of the Appellate Division, Fourth Department on Friday afternoon at the Clarion/Riverside Hotel at 120 E. Main St. The Monroe County Bar...

Western New Yorkers On The Move: March 3, 2009.
March 3, 2009... Byline: Tara E. Buck The law firm of Harter Secrest & Emery LLP recently announced the addition of several new associates: Daniel W. Collins, Diana Clarkson Holl, Kathleen L. Cummins, William L. Law III, Michael E. Nicholson, Jessica Myers...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: March 3, 2009.(Case overview)
March 3, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Immigration Garcia-Padron v. Holder 08-1862-ag Appealed from the Board of Immigration Appeals Background: Petitioner Garcia-Padron is a citizen of the Dominican...

Commentary: Evaluating potential borrowers.
March 3, 2009... Byline: Brendon S. Crossing You cannot turn on the television or read the newspaper today without hearing more news about banks tightening their credit standards during these challenging economic times. One can argue that Rochester has...

The Daily Record News Briefs: March 3, 3009.
March 3, 2009... Byline: Daily Record Staff PAETEC doesn't want Midtown Tower PAETEC Holding Corp. has decided not to redevelop the Midtown Tower in Downtown Rochester. Instead, company officials said they remain committed to developing a new global...

Symposium in Rochester: Restructuring in uncertain times.
March 3, 2009... Byline: Elizabeth Stull As the global economic crisis deepens, companies large and small are setting aside long-range goals to address one immediate concern: Survival. A business restructuring symposium today at Nixon Peabody LLP aims to...

Commercial in Rochester at a crossroads.
March 3, 2009... Byline: Colleen M. Farrell The commercial real estate market is at a turning point in Rochester, and local real estate and lending experts are as yet unable or unwilling to place their bets on how the region will fare. A few years ago,...

U.S. District Court, Western District of N.Y. Case Summaries: March 3, 2009.(Case overview)
March 3, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Social Security Arena v. Astrue 07-CV-6218 Judge Telesca Background: The plaintiff seeks judicial review of the denial of his claim for SSI benefits. The claim...

Appellate Division, 3rd Department Case Summaries: March 3, 2009.(Case overview)
March 3, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Divorce Settlement Agreement Smith v. Smith 505455 Appealed from Supreme Court, Albany County Background: In a divorce action, the trial court granted the...

Case Digests.
March 4, 2009... U.S. Court of Appeals for the Second Circuit Prisoner Civil Rights Defendant Identification Espinal v. Goord 07-0612-pr Appealed from the Southern District of New York Background: Cesar Espinal, an inmate of the New York State...

Commentary: Navigating uncertain markets.
March 4, 2009... Byline: Richard J. Bucenec One of the most important components to a successful investment strategy is being prepared. A successful long-term investment plan, potential setbacks, investing in new opportunities and, of course, weathering...

The Daily Record News Briefs: March 4, 2009.
March 4, 2009... Byline: Daily Record,Staff Mario's expands sales in Northeast Mario's pasta sauces this week announced a deal with five supermarkets to sell its pasta sauces in 680 stores across the Northeast. Mario's, which al-ready sells its sauce...

Campaign recusal case to be heard by U.S. Supreme Court.
March 4, 2009... Byline: Elizabeth Stull Can campaign contributions tip the scales of justice, making it impossible for a judge to provide a fair trial? The U.S. Supreme Court heard arguments Tuesday on whether due process required a judge to recuse...

Two tower proposals in Rochester received.
March 4, 2009... Byline: Colleen M. Farrell One of Rochester's most significant buildings could find new life if two developers are successful in their plans to redevelop the Midtown Tower into a mix of office, retail and residential space. Two different...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: March 4, 2009.(Case overview)
March 4, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Civil Rights Defendant Identification Espinal v. Goord 07-0612-pr Appealed from the Southern District of New York Background: Cesar Espinal, an inmate of the New...

Appellate Division, 3rd Department Case Summaries: March 4, 2009.(Case overview)
March 4, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Case Summaries: March 3, 2009 Speedy trial People v. Lisi 101444 Appealed from County Court, Albany County Background: The appeal is from a verdict convicting the defendant...

Case Digests.
March 5, 2009... U.S. Court of Appeals for the Second Circuit Sentencing U.S. v. Friedberg 08-3763-cr Appealed from the Eastern District of New York Background: The appeal is from a judgment convicting the defendant, after a guilty plea, of five counts...

Commentary: New York attorneys' new rules.
March 5, 2009... Byline: Elizabeth A. Wolford Next month New York will follow the lead of 47 of the other 49 states in adopting the Rules of Professional Conduct based on the American Bar Association's Model Rules of Professional Conduct. The new rules...

Commentary: First, do no harm.
March 5, 2009... Byline: Robert L. Brenna Jr. Only doctors should profit from health care. In previous columns, and during some of my radio shows, I have made it known that I believe doctors must be compensated fairly and should not be made into pawns of...

The Daily Record News Briefs: March 5, 2009.
March 5, 2009... Byline: Daily Record Staff Insurance fraud report released The New York State Insurance Department made 171 arrests and recovered $9 million in 2008, according to its annual repor, released early this week. The money was recovered from...

4th Department moves up cigarette case.
March 5, 2009... Byline: Elizabeth Stull In a panel decision issued Tuesday, the Appellate Division, Fourth Department rejected the Cayuga Indian Nation's second application to continue selling tax-free cigarettes. The appellate court also moved up oral...

Zoning changes in Rochester could give city a facelift.
March 5, 2009... Byline: Colleen M. Farrell City of Rochester officials are closely studying the city's current zoning code in preparation for a report that could impact economic development and preservation efforts here for the next several years. The...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: March 5, 2009.(Case overview)
March 5, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Sentencing U.S. v. Friedberg 08-3763-cr Appealed from the Eastern District of New York Background: The appeal is from a judgment convicting the defendant, after a...

U.S. District Court, Northern District of N.Y. Case Summaries: March 5, 2009.(Case overview)
March 5, 2009... Byline: Daily Record Staff U.S. District Court, Northern District of N.Y. Fourth Amendment Chen v. City of Syracuse 06-CV-1143 Judge McCurn Background: The plaintiff seeks redress for alleged violations of civil rights secured to her...

U.S. District Court, Western District of N.Y. Case Summaries: March 5, 2009.(Case overview)
March 5, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Social Security Isaacs v. Astrue 07-CV-257 Judge Arcara Background: The plaintiff seeks judicial review of the denial of a claim for SSI benefits. He first filed...

Appellate Division, 3rd Department Case Summaries: March 5, 2009.(Case overview)
March 5, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Attorney Discipline Subordinate Attorneys Matter of Kimmel and Silverman D-06-09 Background: The respondents were admitted in New York in 1997. They founded and maintain the...

Case Digests.
March 6, 2009... U.S. Court of Appeals for the Second Circuit Administrative Discretion Conyers v. Rossides 07-4095-cv Appealed from the Eastern District of New York Background: The appeal is from an order dismissing the plaintiff's claims under the...

Commentary: Compensation and benefits tax update.
March 6, 2009... Byline: William G. Green Required minimum distribution payment suspended On Dec. 23, 2008, President Obama signed the Worker, Retiree and Employer Recovery Act into law, providing for a suspension of Required Minimum Distribution payments...

The Daily Record News Briefs: March 6, 2009.
March 6, 2009... Byline: Daily Record Staff Medicaid money for Monroe County Monroe County will receive $66 million in Medicaid reimbursements over the next two years as part of the American Reinvestment and Recovery Act. The Federal Medicaid Assistance...

Rochester-based Excellus Health Plan to pay consumer refunds.
March 6, 2009... Byline: Elizabeth Stull Rochester-based Excellus Health Plan, the area's lagest health insurer, and Capital District's Physician Health Plan agreed to reprocess out-of-network claims for the past six years to reimburse underpaid consumers,...

University of Rochester Medical Center's LIVV director receives Stoneman award.
March 6, 2009... Byline: Elizabeth Stull Catherine Kate Cerulli has worked with survivors of domestic violence since she was 18. Twenty-five years later, much remains to be done, she said Thursday. We can put a person on the moon, but we can't keep...

Realtors in U.S. decry interest, tax plan.
March 6, 2009... Byline: Colleen M. Farrell President Barack Obama's proposal to reduce some deductions on mortgage interest and taxes is drawing ire from many housing experts across the country. Locally, economists and Realtors say they are concerned the...

N.Y. Gov. Paterson reiterates support for Midtown.
March 6, 2009... Byline: Colleen M. Farrell Funds are officially secured to raze Midtown Plaza, a plan that city and state officials say will spur greater economic development in Rochester's center city for years to come. Gov. David A. Paterson and...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: March 6, 2009.(Case overview)
March 6, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Administrative Discretion Conyers v. Rossides 07-4095-cv Appealed from the Eastern District of New York Background: The appeal is from an order dismissing the...

U.S. District Court, Western District of N.Y. Case Summaries: March 6, 2009.(Case overview)
March 6, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Attorney's Fees Thompson v. Astrue 06-CV-237 Judge Arcara Background: Following her successful Social Security disability claim, plaintiff Dawn M. Thompson filed...

U.S. District Court, Northern District of N.Y. Case Summaries: March 6, 2009.(Case overview)
March 6, 2009... Byline: Daily Record Staff U.S. District Court, Northern District of N.Y. Bankruptcy Appeal Case v. U.S. 09-CV-58 Judge Mordue Background: The court notes that the appellant, the debtor in bankruptcy court, failed to file a brief in...

Appellate Division, 3rd Department Case Summaries: March 6, 2009.(Case overview)
March 6, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Easements Jordan v. Vogel 505721 Appealed from Supreme Court, Delaware County Background: The appeal is from an order that granted defendant Wallace's motion for summary...

Commentary: One victim details a real fraud.
March 9, 2009... Byline: Gina Bliss Owners of small businesses usually consider fraud as something that could happen -- to someone else. Recently, I interviewed a small business owner who is a victim of fraud. Q. Did you ever think your company would be...

New York's Industrial Development Agencies are under fire again.
March 9, 2009... Byline: Colleen M. Farrell New calls for reform of New York's Industrial Development Agencies have economic development officials on the defensive once again. IDA proponents in Rochester argue the changes would result in fewer companies...

Case Digests.
March 9, 2009... U.S. Court of Appeals for the Second Circuit Interstate Commerce Island Park LLC v. CSX Transportation 07-3125-cv Appealed from the Northern District of New York Background: The appeal is from an order of the district court granting...

News Briefs.
March 9, 2009... Nixon Peabody launches South Asia practice Nixon Peabody LLP on Friday announced the launch of its South Asia practice group. Led by Nixon Peabody Government Investigations and White Collar Defense partner Anjali Chaturvedi, the practice is...

Civil legal services in Rochester seek greater help.
March 9, 2009... Byline: Elizabeth Stull Only a fifth of the need for civil legal services is currently being met -- and the situation only will get worse without an infusion of funds, speakers told members of the legal community on Friday at the Monroe...

Sowing seeds in rocky soil on Ward Street in Rochester.
March 9, 2009... Byline: Elizabeth Stull Seven at night feels much later than seven on Ward Street in the City of Rochester. The road runs for two blocks just north of the train station and ends at Joseph Avenue, almost under the railroad tracks' overpass....

U.S. Court of Appeals for the 2nd Circuit Case Summaries: March 9, 2009.(Case overview)
March 9, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Interstate Commerce Island Park LLC v. CSX Transportation 07-3125-cv Appealed from the Northern District of New York Background: The appeal is from an order of the...

U.S. District Court, Western District of N.Y. Case Summaries: March 9, 2009.(Case overview)
March 9, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. 'Habeas Corpus' Drake v. Portuondo 99-CV-681 Judge Skretny Background: The U.S. Court of Appeals for the Second Circuit recently ordered that petitioner Drake's...

Appellate Division, 3rd Department Case Summaries: March 9, 2009.(Case overview)
March 9, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Guardian 'Ad litem' Mazzuca v. Wielt Trust 505457 Appealed from Supreme Court, Schenectady County Background: The appeal is from an order that granted the defendants'...

Case Digests.
March 10, 2009... U.S. Court of Appeals for the Second Circuit Assault U.S. v. Delis 08-0641-cr Appealed from the Eastern District of New York Background: The defendant appeals from an order affirming a judgment of conviction for simple assault as made...

Western New Yorkers on the Move: March 10, 2009.
March 10, 2009... Byline: Tara E. Buck The Buffalo-based law firm of Damon & Morey LLP announced that John T. Kolaga joined as special counsel. He will serve as chairman of the firm's Environmental Law Practice Group. Davidson Fink LLP recently elected as...

Commentary: NAIOP's priorities and Western New York.
March 10, 2009... Byline: Tom Thaney From Feb. 8 to 11 I was in Washing-ton, D.C., taking part in the National Legislative Retreat on Capitol Hill for NAIOP -- the Commercial Real Estate Development Association. I am the president of the Upstate New York...

Commentary: Is a bright line rule possible?
March 10, 2009... Byline: Hon. Robert J. Lunn There is no witness so terrible, no accuser so powerful as our conscience which dwells within us. -- Sophocles When I first accepted this assignment with The Daily Record, I am quite certain that my editor was...

The Daily Record News Briefs: March 10, 2009.
March 10, 2009... Byline: Daily Record Staff Pictometry wins patent dispute Rochester-based Pictometry Inter-national Corp. has announced a significant patent victory against Minnesota-based GEOSPAN Corp. GEOSPAN had instituted reexamination proceedings...

Hanging hopes on rail: N.Y.s plan to create high-speed rail service gets major boost.
March 10, 2009... Byline: Colleen M. Farrell The state's plan to create a high-speed rail service got a major boost Monday when Gov. David A. Paterson and other elected officials announced New York's first statewide rail plan in more than 20 years. The...

St. John Fisher College still looking into a law school in Rochester.
March 10, 2009... Byline: Elizabeth Stull St. John Fisher College's ability to leverage the funds to build a law school in Rochester may be hampered by the economic downturn. At the same time, the downturn may be pushing up the number of students applying...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: March 10, 2009.(Case overview)
March 10, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Assault U.S. v. Delis 08-0641-cr Appealed from the Eastern District of New York Background: The defendant appeals from an order affirming a judgment of conviction for...

U.S. District Court, Western District of N.Y Case Summaries: March 10, 2009.(Case overview)
March 10, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y Social Security Pritchett v. Astrue 07-CV-6588 Judge Telesca Background: The plaintiff's application for a period of disability benefits was denied and she seeks...

Appellate Division, 3rd Department Case Summaries: March 10, 2009.(Case overview)
March 10, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Disability Discrimination Matter of Harrison v. Chesnut Donuts Inc. 505203 Appealed from the State Division of Human Rights Background: The proceeding is brought pursuant...

Case Digests.
March 11, 2009... u.s. district Court, wdny Suppression U.S. v. Montalvo 08-CR-4 Judge Skretny Background: The defendant is charged with possession of a firearm while subject to an order of protection. The defendant moved to dismiss the indictment, alleging...

Commentary: It's your money, and your vote.
March 11, 2009... Byline: Brett Gardner If you invested your money in something, you likely spent a considerable amount of time researching the particular company, fund or management you entrusted with investing your money. In markets such as these, when...

Commentary: Faulty reasoning from the Alliance Fund.
March 11, 2009... Byline: Scott Forsyth In the summer of 2008, same sex couples achieved a first when the intermediate appellate court for our area held that Monroe Community College must provide health care benefits to the spouse of an employee married in...

The Daily Record News Briefs: March 11, 2009.
March 11, 2009... Byline: Daily Record Staff Judge Larimer takes senior status U.S. District Judge David G. Larimer has taken senior status, effective Tuesday. As a senior judge he will remain on the bench but may request a reduced caseload, and an active...

Freddie Mac unveils leasing initiative.
March 11, 2009... Byline: Colleen M. Farrell Freddie Mac has launched a new leasing initiative for tenants and owner-occupants whose properties are in foreclosure. Through it, qualifying owners and renters can lease their homes on a month-to-month basis....

Are local juries adequately diverse in Rochester?
March 11, 2009... Byline: Elizabeth Stull The deck is stacked against Rochester's defendants of color because juries here predominantly are white, and white juries are more likely to convict non-white defendants, Assistant Public Defender Erik Teifke told a...

U.S. District Court, Western District of N.Y. Case Summaries: March 11, 2009.(Case overview)
March 11, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Suppression U.S. v. Montalvo 08-CR-4 Judge Skretny Background: The defendant is charged with possession of a firearm while subject to an order of protection. The...

U.S. District Court, Northern District of N.Y. Case Summaries: March 11, 2009.(Case overview)
March 11, 2009... Byline: Daily Record Staff U.S. District Court, Northern District of N.Y. 'Habeas Corpus' Lewis v. Marshall 08-CV-339 Judge Singleton Background: The petitioner and state prisoner challenges a 2004 judgment of conviction entered...

Appellate Division, 3rd Department Case Summaries: March 11, 2009.(Case overview)
March 11, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Department Sufficiency of the Evidence People v. Stewart 101653 Appealed from County Court, Montgomery County Background: The defendant appeals from a verdict convicting him...

Case Digests.
March 12, 2009... U.S. Court of Appeals for the Second Circuit Appellate Review U.S. v. Owen 07-4966-cr Appealed from the Southern District of New York Background: The U.S. petitions the court for a panel rehearing on the issue of whether defendant Lance...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: March 12, 2009.(Case overview)
March 12, 2009... Byline: Daily Record Staff U.S. Court of Appeals for the 2nd Circuit Appellate Review U.S. v. Owen 07-4966-cr Appealed from the Southern District of New York Background: The U.S. petitions the court for a panel rehearing on the issue...

U.S. District Court, Western District of N.Y. Case Summaries: March 12, 2009.(Case overview)
March 12, 2009... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Social Security Manning v. Astrue 07-CV-327 Judge Curtin Background: The plaintiff seeks judicial review of the denial of his application for disability benefits...

Appellate Division, 3rd Department Case Summaries: March 12, 2009.(Case overview)
March 12, 2009... Byline: Daily Record Staff Appellate Division, 3rd Department Workers' Compensation Apportionment Matter of Webb v. Cooper Crouse Hinds Co. 504775 Appealed from the Workers' Compensation Board Background: The appeal is from a...

Appellate Division, 1st Department Case Summaries: March 12, 2009.(Case overview)
March 12, 2009... Byline: Daily Record Staff Appellate Division, 1st Department Estate Administration Speranza v. Repro Lab Inc. 01543 Appealed from Supreme Court, New York County Background: The plaintiff parents appeal from an order that denied their...

Commentary: Welcoming the state's newest lawyers.
March 12, 2009... Byline: Heidi Schult Gregory On Feb. 26, JoAnn M. Wahl, clerk of the Appellate Division, Fourth Department, administered the oath of office to 238 candidates for admission to the bar. The ceremony was held at Rochester's Hyatt Regency...

Commentary: Volunteering outside of the box.
March 12, 2009... Byline: Linda Kostin Attorneys who haven't volunteered in a while should consider easing back into the groove with a stint at one of Volunteer Legal Services Project's clinics. Be forewarned: VLSP clinics can be habit-forming. For the past...

Commentary: Help us to increase access to justice.
March 12, 2009... Byline: T. Andrew Brown On March 6, the Monroe County Bar Association convened the President's Civil Legal Services Funding Summit, which was well attended by attorneys, judges and others, including Assemblywoman Susan John, who are...

The Daily Record News Briefs: March 12, 2009.
March 12, 2009... Byline: Daily Record Staff Songbird Research open for business Beth Cross-Wilhelm, formerly a senior corporate paralegal at the Rochester law firm of Woods Oviatt Gilman LLP has launched a new company offering paralegal support services....

City of Rochester students earning college credit.
March 12, 2009... Byline: Elizabeth Stull More than 250 City of Rochester high school students have earned college credit with help from a scholarship offered by the law firm of Trevett, Cristo, Salzer & Andolina PC through the Monroe Community College...

New York Civil Liberties Union: Drug laws discriminate.
March 12, 2009... Byline: Elizabeth Stull A new report issued Wednesday by the New York Civil Liberties Union calls for a public health approach to drug policy and argues the state's Rockefeller Drug Laws continue to discriminate against African-Americans...