Daily Record (Rochester, NY) articles from May 2003

Daily Record (Rochester, NY) archives from May 2003

Rochester atty. receives award from Monroe County Bar Assn.
May 1, 2003... Byline: Jill Miller An accomplished attorney, respected colleague and cherished friend to many, James C. Moore has dedicated over 37 years of his life to the practice of law in the Rochester community. Moore's contributions to the...

Medical malpractice legislation, tort reform focus of upcoming discussion.
May 1, 2003... Byline: Daily Record Staff Medical malpractice legislation and other tort reform proposals will be the topic of a panel discussion hosted by the American Board of Trial Attorneys, the Monroe County Medical Society and the Monroe County Bar...

Erie County celebrates Law Day 2003 with keynote speaker Dennis Archer.
May 1, 2003... Byline: Nora Jones Personalizing his speech to a Buffalo audience, Dennis W. Archer addressed members of the legal community on Monday, April 28, 2003 as keynote speaker for the 2003 Law Day Awards luncheon hosted by the Bar Association of...

Circuit Court rules on civil liability for violation of Wiretap Act.
May 1, 2003... Byline: Daily Record Staff If someone intentionally intercepts a cordless telephone conversation and discloses the information in violation of 18 U.S.C. u 2510 et seq., can the person be held liable in a civil court? In Quigley v....

Liability for credit application unresolved.
May 2, 2003... Byline: Jill Miller Did the defendants' signatures on a credit line application give a personal guaranty on corporate debt? This was the central issue before New York State Supreme Court Judge Thomas Stander in Wells Fargo Bank v....

Danforth Co.'s planned relocation to Tonawanda did not violate law.
May 2, 2003... Byline: Nora Jones Did the Erie County Industrial Development Agency violate General Municipal Law [section] 862(1) in supporting and approving the relocation of Danforth Co. from the City of Buffalo to Tonawanda? Do petitioners, as owners...

Three Nixon Peabody attorneys recognized for 'pro bono' efforts.
May 2, 2003... Byline: Daily Record Staff Three Nixon Peabody LLP attorneys Margaret Clemens, Carolyn Nussbaum, and Anita Pelletier, were recognized for their pro bono activities in the Rochester community by three separate organizations. Clemens...

Law firm presents 'The Boy Who Cried Wolf' for Rochester students.
May 2, 2003... Byline: Daily Record Staff For the fourth year in a row, the trial lawyers and staff of Harter, Secrest & Emery entertained some Rochester City School students about the court system on Law Day, May 1, 2003 by presenting an original mock...

Delay in perfecting appeal warrants court's dismissal.
May 5, 2003... Byline: Jill Miller Did a defendant abandon his right to appeal when he failed to perfect his appeal over 14 years ago? This was the question before New York State's highest court in The People &c. v. Oliver Giola West, Jr. The...

Judge Frazee among finalists for 'W' Award.
May 5, 2003... Byline: Daily Record Staff The Rochester Women's Network has named the five finalists for the 2003 "W' Award. The "W" Award is presented annually by the RWN to a woman who works on behalf of women, who provides inspiration and...

Procedural defect in notice found insignificant.
May 5, 2003... Byline: Nora Jones Was plaintiff's notice of claim defective and if so, did it prejudice the defendant? Does General Municipal Law u 50-i pertain to a county water authority? These were among the issues that U.S. District Court Judge...

Notice to the bar: 'amicus curiae' motions deadline extended.
May 5, 2003... Byline: Daily Record Staff In People v. Robert Shulman, the date by which motions for amicus relief must be noticed to be heard has been extended to March 1, 2004 (this is an extension of the original date, August 25, 2003). The court...

NY State Court of Appeals lists filings for April 4-10.
May 5, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Removal of NY State Supreme Court judge upheld.
May 6, 2003... Byline: Jill Miller Did the New York State Commission on Judicial Conduct err when it determined that the petitioner, a New York State Supreme Court judge, should be removed from office after he misused his attorney escrow account? ...

NY State Court of Appeals lists filings for April 11-17.
May 6, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

U of Buffalo Law School Alumni dinner recognizes six.
May 6, 2003... Byline: Nora Jones At the 41st University at Buffalo Law School Alumni Association meeting and dinner five graduates and one legislator were recognized for their contributions to the profession and the community. Since 1995, the Alumni...

4th Dept. reports suspensions, censures and resignations.
May 6, 2003... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following attorney matters: Matter Of Marvin Kantor, An Attorney, Resignor. -- Voluntary resignation accepted and name removed from the roll of attorneys...

Indictment dismissed due to lack of evidence.
May 7, 2003... Byline: Jill Miller Was the evidence presented to the Grand Jury legally sufficient to support the charges? This was the central question before Monroe County Court Judge Richard A. Keenan in The People v. Timothy Jamar Johnson. The...

4th Dept. reports suspensions, censures and resignations.
May 7, 2003... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following attorney matters: Matter Of Angelo A. Rinaldi, An Attorney, Respondent. Grievance Committee Of The Fifth Judicial District, Petitioner. --...

N.Y. initiates NAFTA push to cut Ontario air pollution.
May 7, 2003... Byline: Daily Record Staff As part of a continuing effort to improve air quality in New York and the northeastern states, New York State Attorney General Eliot Spitzer filed a petition calling for sharp reductions in air pollution from...

Supreme Court rejects Second Circuit limit on ineffective assistance of counsel claims.
May 7, 2003... Byline: Deborah Fauver Ineffective assistance of counsel claims may be raised outside the direct appeal process without risking procedural default, the U.S. Supreme Court ruled recently [April 23, 2003], approving a trend already...

ABA report urges corporate responsibility.
May 7, 2003... Byline: Daily Record Staff The final report of the American Bar Association Task Force on Corporate Responsibility urges changes in corporate governance policies to create a new culture of corporate responsibility stressing constructive...

Rochester Legal Briefs May 7, 2003.
May 7, 2003... Byline: Daily Record Staff The Appellate Division, Fourth Department's decisions on May 2, 2003, included several tort law opinions. One decision that divided the court was whether the doctrine of res ipsa loquitur should apply against the...

NY State Court of Appeals lists more filings for April 11-17.
May 7, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Triable issue of fact as to cause of fire raised.
May 8, 2003... Byline: Jill Miller Did the plaintiffs raise a triable issue of fact as to whether a defective refrigerator caused a fire that resulted in the plaintiffs' injuries? This was the central question before New York State's highest court...

Monroe County legal community celebrates Law Day 2003.
May 8, 2003... Byline: Nora Jones James C. Moore received the 2003 Adolph J. Rodenbeck Award at the Monroe County Bar Association's Law Day celebration last week. In his remarks, Moore expressed his thanks and spoke about the importance of an...

Rochester Legal Briefs May 8, 2003.
May 8, 2003... Byline: Daily Record Staff On May 2, 2003, the Appellate Division, Fourth Department, released several decisions regarding libel suits and personal injuries. In a Monroe County appeal, the appeals court found that attorney fees should be...

Refusal to rehire not based on retaliation.
May 8, 2003... Byline: Nora Jones Did plaintiff establish a prima facie case of retaliation by the U.S. Postal Service where in his fight to avoid termination for ethical violations plaintiff asserted an EEO complaint charging age discrimination? Was...

Monroe County Bar Assn. seeks nominations for Crimi Memorial Award.
May 8, 2003... Byline: Daily Record Staff The 20th annual Charles F. Crimi Memorial Award will be presented at the Monroe County Bar Association's Installation dinner on June 12, 2003. Who will that be? This is your opportunity to have a say in the...

Federal tolling rule for state claims upheld.
May 9, 2003... Byline: Deborah Fauver Congress may indeed require that states toll their statutes of limitations while state law claims against their political subdivisions are pending in federal court, ruled a unanimous Supreme Court recently (April...

Medical testimony allowed to support 'res ipsa' claim.
May 9, 2003... Byline: Jill Miller Can expert medical testimony be used to educate a jury as to the likelihood that an injury would take place without negligence where a basis of common knowledge is missing? The doctrine of res ipsa loquitur was at...

Tort reform panel discussion slated for May 22.
May 9, 2003... Byline: Nora Jones Will the tort reform legislation introduced in both the New York State Legislature and the U.S. Congress provide the benefits alleged? Would you like to hear the views of some local attorneys and health care...

Assigned counsel, law guardian fees to increase.
May 9, 2003... Byline: Daily Record Staff The New York State Assembly and Senate have reached an agreement to increase rates for law guardians and 18B assigned counsel to $75 per hour, except in misdemeanor cases, where the rate is fixed at $60 per hour....

Rochester Legal Briefs May 9, 2003.
May 9, 2003... Byline: Daily Record Staff In criminal decisions issued by the Appellate Division, Fourth Department, one case involved whether an identification of the defendant was tainted by the victim viewing a videotape. Another decision involved...

Food stamp disqualification challenged.
May 12, 2003... Byline: Nora Jones Was the USDA justified in permanently disqualifying plaintiffs' mini market from accepting federal food stamps based on a series of violations? Did the USDA satisfy its burden under Fed. R. Civ. P. 56 by demonstrating...

Ex-wife did not give up right to Trotten funds under separation agreement.
May 12, 2003... Byline: Jill Miller Is the plaintiff entitled to the funds in a Trotten trust upon the death of her ex-husband? Did she waive her right to the funds under the terms of the separation agreement? The New York State Court of Appeals was...

Rochester Women's Network announces winner of 'W' Award.
May 12, 2003... Byline: Nora Jones The five Rochester Women's Network "W" Award finalists arrived at the May 8, 2003 25th Anniversary Gala Luncheon uncertain who would be called forward to receive this year's award. All successful professionals actively...

Two-hour program on ethics planned.
May 12, 2003... Byline: Daily Record Staff A two-hour program titled "When Opening Your Mouth Gets You In Trouble" will start at noon this Friday, May 16, 2003 featuring presentations by the Fourth Department's Attorney Grievance Committee Chief Counsel...

Rochester Legal Briefs May 12, 2003.
May 12, 2003... Byline: Daily Record Staff In family law issues before the Appellate Division, Fourth Department, the court considered whether the orders made after hearings were supportable. FAMILY LAW Sole Custody -- Best Interest Of The...

NY State Court of Appeals lists filings for April 11-17.
May 12, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Plaintiff establishes relationship between defendant's code violations and injuries.
May 13, 2003... Byline: Jill Miller Did the plaintiff show a "reasonable" connection between the defendant's code violations and the injuries the plaintiff sustained while fighting a fire? In Steven Giuffrida v. Citibank Corp., et. al., the plaintiff,...

U.S. Magistrate Judge Marian W. Payson is first female appointed to federal bench in Rochester.
May 13, 2003... Byline: Nora Jones Parents, partner, children, siblings, aunt and uncle of Marian W. Payson were among the special guests collected in the jury box Friday, May 9, 2003 to witness the swearing in ceremony that publicly conferred the...

Women attys. assn. releases latest judicial candidate ratings.
May 13, 2003... Byline: Daily Record Staff The Greater Rochester Association for Women Attorneys (GRAWA) has released its ratings for the judicial candidates for Rochester City Court and New York State Supreme Court, Seventh District. The results are: ...

Training required for guardian ad litem appointments.
May 13, 2003... Byline: Daily Record Staff On June 1, 2003, the New York Unified Court System will implement new rules which require certified training in addition to completion of a new application form. The new Part 36 rules, which affect...

Judge David J. Mahoney's cartoons show his lighter side.
May 13, 2003... Byline: Nora Jones His sense of humor is evident within seconds of a first introduction. And, many people know him from the cartoons that he has supplied to the Bar Association of Erie County's Bar Bulletin for over three decades. New...

Rochester Legal Briefs May 13, 2003.
May 13, 2003... Byline: Jevona Gilmore The motion to inspect the Grand Jury minutes has been granted and after a review it has been determined that the evidence submitted was sufficient to conclude that the defendant committed the offenses. "Contrary...

Two-thirds of spam messages contain false information, says FTC.
May 13, 2003... Byline: Nora Jones In a review of approximately 1,000 pieces of unsolicited commercial e-mail (UCE) commonly known as spam, the Federal Trade Commission's (FTC) Division of Marketing Practices determined that approximately two-thirds of...

Plaintiff's signed release precludes instant lawsuit.
May 14, 2003... Byline: Helen Nguyen In a case where the plaintiff alleged that the defendants deprived him of his constitutional rights based on his race, does a settlement agreement and release from a prior action preclude the plaintiff's current...

Upcoming trivia contest to focus on women's diverse achievements.
May 14, 2003... Byline: Nora Jones There's still time to sign up to participate in the first-ever "Susan Bee" trivia contest scheduled for May 20, 2003 as a fundraiser for the United Way. Teams already signed up include participants from Underberg &...

NY State Court of Appeals lists filings for April 11-17.
May 14, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Rochester Legal Briefs May 14, 2003.
May 14, 2003... Byline: Jevona Gilmore Evidence Sufficient Granting a motion to inspect the Grand Jury minutes, the court determined that there was sufficient evidence to establish the commission of the offenses charged. Therefore, a motion to dismiss...

Person in Need of Supervision petition complied with Family Court Act.
May 14, 2003... Byline: Jill Miller Was the evidence sufficient to support the allegation that the respondent left her placement at Hillside Children's Center Group Home without permission? Should a Person in Need of Supervision (PINS) petition be...

Changes in landlord and tenant procedures.
May 14, 2003... Byline: Daily Record Staff In order to insure proper recordation and timely printing of the court calendars for court, counsel, staff and insertion in The Daily Record, the following shall be instituted effective May 14, 2003. 1)...

New York AG recovers $350M in judgments during 2002.
May 15, 2003... Byline: Daily Record Staff The New York State Attorney General's office has secured a record level of financial recoveries on behalf of the state, its local governments and residents in 2002. The Department of Law recovered $244...

Status of doctors in medical corp. reviewed under ADA.
May 15, 2003... Byline: Deborah Fauver Doctors who are also shareholders in a professional corporation may or may not be employees of that corporation, held a divided U.S. Supreme Court recently (7-2), remanding the case for further factual findings. ...

Leave to amend complaint in proceeding against Chapter 7 debtor denied by court.
May 15, 2003... Byline: Nora Jones Should the court grant plaintiff's motion to amend her complaint in an adversary proceeding, and allow the new cause of action to relate back to the date of the timely filed original complaint? This was the question...

Commentary: ABA explores ways for U.S. lawyers to help rebuild Iraq.
May 15, 2003... Byline: Alfred Carlton, Jr The last several weeks have been historic and emotional for all Americans, as we -- like generations before us -- have watched our sons and daughters march forth to bring freedom to an oppressed people half a...

Rochester Legal Briefs May 15, 2003.
May 15, 2003... Byline: Jevona Gilmore Indictment Stands A motion to inspect the Grand Jury minutes is granted but upon review, the motion to dismiss or reduce the indictment is denied because sufficient evidence was found to establish that defendant...

State not liable for accident on slippery roads.
May 16, 2003... Byline: Nora Jones Was the defendant negligent in the construction, design, repair, inspection and maintenance of Route 92 between Cazenovia and Manlius on the date of claimant's accident? Was the defendant liable for the unsafe conditions...

Pilot project introduces wireless access in court.
May 16, 2003... Byline: Nora Jones At no cost to the court, Courtroom Connect is providing a new wireless service to the New York State Supreme Court in Monroe County along with others located in the Hall of Justice. This pilot project will help...

Fair housing rules at center of controversy.
May 16, 2003... Byline: Helen Nguyen Where the plaintiffs alleged that they were discriminated against by the defendants' enforcement of an apartment complex rule, are the defendants entitled to summary judgment? The rule at the center of the instant...

Erie County Clerk names Kathy Hochul to first deputy slot.
May 16, 2003... Byline: Daily Record Staff Kathleen Courtney Hochul has been selected to serve as first deputy, effective May 19, 2003, by Erie County Clerk David Swarts. Hochul has worked for the New York State Assembly and former congressional...

NY State Court of Appeals lists filings for April 18-24.
May 16, 2003... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Attempt to escape student loans fails.
May 19, 2003... Byline: Nora Jones Is the debtor entitled to discharge her student loans due to personal hardship? Did the debtor establish her right to avoid these loans even before they have become due? A student at the State University of New York...

Rochester Black Bar Assn. holds spring luncheon.
May 19, 2003... Byline: Nora Jones President of the Rochester Black Bar Association Alan D. Caine gave the opening remarks at the 17th annual Black Business Association's spring lunch on Thursday, May 15, 2003. This year's luncheon theme - "Advancing the...

Defendant's rights not violated in 'ex parte' hearings.
May 19, 2003... Byline: Jill Miller Was the defendant deprived of his right to confront and cross examine witnesses during various ex parte proceedings? Was he deprived of his right to assistance of counsel during these hearings? These were two issues...

Justice Rehnquist visits Western New York.
May 20, 2003... Byline: Nora Jones U.S. Supreme Court Chief Justice William H. Rehnquist traveled to Chautauqua County last week to speak at the dedication of the Robert H. Jackson Center, in honor of the man who served as his first boss and mentor out of...

Rochester Red Wings tickets among incentives for reading program.
May 20, 2003... Byline: Daily Record Staff Woods Oviatt Gilman LLP, in conjunction with the Monroe County Public Library System, is sponsoring a reading contest for kids in grades four through eight. "Take Me Out to the Ball Game" was the brainchild of...

Doctors owed no duty of care to friend of meningitis patient.
May 20, 2003... Byline: Jill Miller Did the doctors owe a duty of care to the plaintiff, a friend of a woman they treated for infectious meningitis, who eventually caught the disease? This was the central issue on appeal before New York State's...

Law library to unveil 'women in law' collection.
May 20, 2003... Byline: Daily Record Staff A unique collection of books, videos and artifacts reflecting the experiences, issues, concerns and history of women in the law is being officially dedicated at the Appellate Division, Fourth Department Law...

Rochester home sales continue to shine in spring.
May 20, 2003... Byline: Jill Miller Home sales continued to climb this spring. According to the Genesee Region Estate Information Service, the information division of The Realtors, sales of single family existing homes jumped 22.3 percent in April as...

'Buffalo spammer' charged with four felonies.
May 20, 2003... Byline: Daily Record Staff Cyber-crime does not pay. That's what Howard Carmack of Buffalo is learning after being arrested on charges relating to an e-mail scheme that allegedly used stolen identities. According to court papers filed...

Denial of severance benefits ruled valid.
May 21, 2003... Byline: Nora Jones Was the defendant's determination that a terminated employee was ineligible for separation benefits arbitrary and capricious? Where the plaintiff was not specifically identified as a transitional employee after a...

Bingo supply company caught in fraudulent scheme.
May 21, 2003... Byline: Daily Record Staff May O'Shei of Orchard Park created a company called International Global Inventions, Inc. (IGI) that promoted investments in its subsidiary companies, Tri-Crown Inc., D&D Enterprises, Inc. and The Fish Co. of...

Consolidation of asbestos cases granted in part.
May 21, 2003... Byline: Jill Miller Should two asbestos lawsuits be consolidated for the purposes of trial? This was the central issue before New York State Supreme Court Judge Raymond Cornelius in Constance Kiefer, personal representative of the...

Mike Green receives nod in Monroe County District Attorney race.
May 21, 2003... Byline: Daily Record Staff Michael Green has received the Monroe County Democratic Committee nomination for Monroe County District Attorney. Green, first assistant district attorney, will run in the November 2003 general election. He...

Rochester Jazz Festival adds two acts to line-up.
May 21, 2003... Byline: Daily Record Staff Hip hop star DJ Logic has been added to the line-up for the Rochester Jazz Festival that runs from June 5 through 14, 2003. DJ Logic will appear with Medeski Martin & Wood at 9 p.m. on Friday, June 13, 2003 at...

Adequacy of lighting debated in negligence case.
May 22, 2003... Byline: Jill Miller Did the defendants, owners of two buildings, have a general duty to adequately illuminate an unpaved lot? Did their negligence create a dangerous condition that caused the plaintiff's injury? In Addys Peralta v....

Managerial acts of executive committee suggest potential for individual liability.
May 22, 2003... Byline: Helen Nguyen Where the plaintiff alleged that five individual defendants discriminated against her by their decision to terminate her, can the individual defendants be held liable under the New York Human Rights Law (HRL)? ...

Personal jurisdiction issues not approved for review.
May 22, 2003... Byline: Nora Jones Before taking its May recess, the U.S. Supreme Court denied certiorari in a number of cases. Holding off on resolving the personal jurisdiction question in Internet/ defamation actions, the top court declined to...

U of Buffalo Law professor appointed to Distinguished Service status by SUNY.
May 22, 2003... Byline: Daily Record Staff University at Buffalo Law Professor Charles Patrick Ewing has been appointed to the rank of Distinguished Service Professor by the State University of New York Board of Trustees. The Distinguished Service...

Commentary: Lawyer's article contained many incorrect assumptions.
May 22, 2003... Byline: Daily Record Staff To the Editor: I recently read the article, "Effective Cross-Examination of an Economist" by Michael Wolford (The Daily Record, May 8, 2003). The article caught my eye because I had been cross-examined by Mr....

Convictions stand, habeas request denied.
May 23, 2003... Byline: Helen Nguyen Where a trial court judge ruled that the petitioner's prior convictions should not be disclosed to the jury, did the petitioner establish that he was denied effective assistance of counsel when his counsel disclosed...

Courts, state streamline, expedite adoption system.
May 23, 2003... Byline: Daily Record Staff New York's Chief Judge Judith S. Kaye, Gov. George E. Pataki, Mayor Michael R. Bloomberg, New York City Administration for Children's Services (ACS) Commissioner William C. Bell and Jim Morris, an adoptive...