Daily Record (Rochester, NY) articles from May 2004

Daily Record (Rochester, NY) archives from May 2004

Bailment claim by inmate found untimely, but request to file late claim is granted.
May 3, 2004... Byline: Nora A. Jones In Alfred C. Blanche v. State of New York, the Court of Claims considered whether the accrual date of a claim was the date an administrative remedy was issued, or the date the claimant was notified of the...

Summary judgment deemed premature, more evidence needed for discrimination claims.
May 3, 2004... Byline: Helen Nguyen In a case where the plaintiff asserted that HSBC Bank discriminated against him in violation of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act...

NY State comptroller proposes Empire Zones program reforms.
May 3, 2004... Byline: Staff State Comptroller Alan G. Hevesi has called for more comprehensive reporting of benefits provided to companies through the state's Empire Zones program, a stronger administrative role in the program for the State Department...

Nixon Peabody partner to receive NYSBA 'Pro Bono' Service Award.
May 3, 2004... Byline: Jill Miller In recognition of his dedication to providing pro bono legal services, John R. McQueen, a partner at Nixon Peabody, will receive the New York State Bar Association's President's Pro Bono Service Award today in Albany....

Attorney finds cooking a creative outlet.
May 3, 2004... Byline: Nora A. Jones Although cookbooks line 10 to 12 ft. of shelf space at his house, Joseph V. Sedita rarely follows a recipe. His friends, however, would rank his dinner parties as top notch. "I read cookbooks for ideas, but the...

Who's to blame for impact of outsourcing overseas?
May 3, 2004... Byline: Staff With "outsourcing" to overseas workers the focus of many job market critics, Senator Bill Frist (R-Tenn) gave his views on the topic in a recent session of Congress. "Critics contend that a company's effort to deliver a...

Case remanded for calculation of benefits.
May 4, 2004... Byline: Helen Nguyen Upon finding that substantial evidence did not exist to support the administrative law judge's (ALJ) ruling that the plaintiff was not entitled to disability benefits, the U.S. District Court for the Western District...

Assumption of risk argument fails in personal injury case.
May 4, 2004... Byline: Jill Miller Finding that the child plaintiff was not in a position to know that a particular gymnastics activity was one which required more foundational training and that she did not have the proper skill level to attempt it, a...

Distinguished Alumni Awards presented by the UB Law Alumni Association.
May 4, 2004... Byline: Kevin M. Momot Five graduates of the University at Buffalo Law School received Distinguished Alumni Awards for their contributions to the legal profession and community at the 42nd annual UB Law Alumni Association meeting and...

Center for Dispute Settlement holds conference on workplace conflict.
May 4, 2004... Byline: Helen Nguyen On Thursday, April 22, over 100 human resource managers, CEOs and business professionals attended a conference hosted by the Center for Dispute Settlement (CDS) at the Crowne Plaza in Rochester. Entitled "Managing...

Design defect claim survives motion for summary judgment.
May 5, 2004... Byline: Jill Miller Due to conflicting expert opinions a New York State Supreme Court, Erie County judge denied the defendants' motion to dismiss plaintiff's design defect claim in a case where the plaintiff crashed his snowmobile....

Propriety of default judgment deemed doubtful.
May 5, 2004... Byline: Nora A. Jones Violations of ERISA, the Labor-Management Relations Act and a collective bargaining agreement were alleged in plaintiffs' complaint in Donato A. Bianco, Steve Hammond, et al. as trustees of Laborers International...

Integrated Domestic Violence Court opens in Buffalo.
May 5, 2004... Byline: Kevin M. Momot A ceremony to mark the grand opening of the Erie County Integrated Domestic Violence (IDV) Court took place Monday, May 3, in the newly-renovated third floor courtroom at 25 Delaware Ave. in Buffalo. Erie...

Justice Pine to receive Howard A. Levine Award.
May 5, 2004... Byline: Staff The New York State Bar Association will present the Howard A. Levine Award for Excellence in Juvenile Justice and Child Welfare to Judge Elizabeth W. Pine and attorney John E. Carter, Jr. of Albany. The award recognizes...

Derivative liability at issue in environmental liability case.
May 6, 2004... Byline: Helen Nguyen In a recent case before the U.S. District Court for the Western District of New York, the federal court found evidence existed to support Rochester Gas & Electric's claim that FirstEnergy Corp. may be liable for costs...

Monroe County Bar Association celebrates Law Day.
May 6, 2004... Byline: Jill Miller Members of the local judiciary and bar gathered at the Rochester Riverside Convention Center on Friday, April 30 to celebrate our system of law at the Monroe County Bar Association's Annual Law Day Luncheon. This...

Hodgson Russ Chair Dianne Bennett recognized by several organizations.
May 6, 2004... Byline: Staff Dianne Bennett, chair of Hodgson Russ LLP, was recognized recently for her achievements and contributions by Business First and the University at Buffalo Law School Alumni Association. She will also be honored by Everywoman...

Steven Wechsler to speak on potential changes in attorney conduct standards.
May 6, 2004... Byline: Staff On Friday, May 7, Steven Wechsler, associate dean for academic affairs and professor of law at Syracuse University College of Law, will discuss whether New York will make changes to the Model Rules and what that will mean for...

Local students recognized at Law Day Awards Ceremony.
May 6, 2004... Byline: Nora A. Jones Monroe County Court Judge Frank P. Geraci, Jr. welcomed families, teachers, students and attorneys to the 2004 Law Day Awards Ceremony at the Hall of Justice last Wednesday evening. In his opening remarks he reviewed...

Legal organizations challenge proposed J.P. Morgan Chase merger.
May 6, 2004... Byline: Staff Nine New York consumer and community groups called on the Federal Reserve to deny J.P. Morgan Chase's application to merge with Chicago-based Bank One. The groups allege that Chase has fueled predatory lending practices...

New York State Bar wins lawsuit against FTC.
May 7, 2004... Byline: Staff A federal judge has ruled that lawyers are not required to send government mandated "privacy notices" to their clients, finding in favor of the New York State Bar Association, which sued the Federal Trade Commission to stop...

Mother failed to invoke counsel on behalf of son.
May 7, 2004... Byline: Jill Miller Despite finding that a mother can invoke a right to counsel on behalf of her 15 year old son, the New York State Court of Appeals, affirmed the defendant's robbery conviction, holding that his mother failed to invoke...

Two disbarred, four resignations accepted by Appellate Division, Fourth Department.
May 7, 2004... Byline: Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter Of Joi M. Cary, A Suspended Attorney, Respondent. Grievance Committee Of The Seventh Judicial...

Linguistic profiling explored at fair housing conference.
May 7, 2004... Byline: Jill Miller Linguistic profiling in the housing market was the subject of a presentation given by Dr. John Baugh, professor of education and linguistics at Stanford University School of Education on Friday, April 30. Baugh's...

Court of Appeals lists filings for March 19-25, 2004.
May 7, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Deputy Recognition Program hosted by Seventh Judicial District.
May 7, 2004... Byline: Staff The Seventh Judicial District hosted a Deputy Recognition Program at the Hall of Justice on Wednesday, April 28. New York State Supreme Court Justice Thomas A. Stander (chair of the event), Monroe County Court Supervising...

U at Buffalo Law School creates William Greiner Scholarship Fund.
May 7, 2004... Byline: Staff The William R. Greiner Scholarship Fund has been newly established in the University at Buffalo Law School to honor UB's 13th president, who retired as UB's chief executive officer at the end of last December. To date,...

Buffalo law partner to participate in two NY State Bar Assn. events.
May 7, 2004... Byline: Staff Carol E. Heckman, a partner in the Buffalo office of Harter Secrest & Emery, will serve as a panelist on the topic of electronic discovery at the spring meeting of the NYSBA's Commercial and Federal Litigation Section on May...

Fraud claim not established, conversion and tort claims dismissed as time-barred.
May 10, 2004... Byline: Kevin M. Momot Arguing that a "lock-up agreement" prevented the sale of certain shares of stock for the highest value, the plaintiff failed to show that the defendant's fraudulent inducement was the proximate cause of his...

Jurisdiction of child custody dispute argued.
May 10, 2004... Byline: Nora A. Jones In Diane H. v. Bernard H., the Erie County Family Court had to first determine if it had jurisdiction in a child custody dispute before setting a hearing date on a petition for modification of a custody order made in...

Annual Susan Bee Trivia Contest set for May 19.
May 10, 2004... Byline: Staff Do you know a lot about women's accomplishments and contributions or wish to learn more? Women United invites you to test your knowledge in the Susan Bee Challenge on Wednesday, May 19 at St. John Fisher College. ...

Attorney suspended by Appellate Division, Fourth Department.
May 10, 2004... Byline: Staff The Appellate Division, Fourth Department handled the following attorney matter in its most recent round of decisions. Matter Of James J. Shapiro, An Attorney, Respondent. Grievance Committee Of The Seventh Judicial...

New associate joins Buffalo Office of Harris Beach LLP.
May 10, 2004... Byline: Staff Robert G. Murray has joined Harris Beach's Buffalo office as an associate in the public finance/economic development and environmental law practice groups. Murray's practice includes assisting companies in obtaining tax...

New York State Court of Appeals lists filings for March 19-25.
May 10, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Attorneys' fees, expenses recovered in full.
May 11, 2004... Byline: Kevin M. Momot Where the plaintiff sought an award of $10,372.12 in attorneys' fees and litigation expenses incurred in a successful lawsuit to collect on a promissory note, the plaintiff claimed that she was entitled to the full...

Family court retains jurisdiction in probation issue despite respondent recently turning 18.
May 11, 2004... Byline: Jill Miller Finding the court does not lose jurisdiction over a respondent who is on juvenile probation once she turns 18 but before the orders of probation expire, Monroe County Family Court denied a law guardian's motion to...

Greater Rochester Assn. for Women Attorneys names award recipients.
May 11, 2004... Byline: Staff The Greater Rochester Association for Women Attorneys (GRAWA) has selected the recipients of its yearly awards. The awards will be presented at GRAWA's Annual Installation Dinner which is being held on May 12 at the Daisy...

National Federation of Paralegal Assns. names new VP.
May 11, 2004... Byline: Jill Miller Susan Ippoliti's enthusiasm and boundless energy will serve her well as she takes on her new role as Vice President and Director of Membership of the National Federation of Paralegal Associations (NFPA). Ippoliti, a...

NY Court of Appeals lists filings for March 26-April 1, 2004.
May 11, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Rochester Legal Briefs May 11, 2004.
May 11, 2004... Byline: Staff In criminal decisions handed down by the Appellate Division, Fourth Department, issues concerning identification, effective assistance of counsel, and proof of homicide were addressed. CRIMINAL DECISIONS ...

Police report not admissible as hearsay exception, negligence claim not established.
May 12, 2004... Byline: Jill Miller Finding the plaintiff failed to provide evidence to support its theory that the defendant caused a motor vehicle accident, a Rochester City Court judge dismissed the plaintiff's action to recover monetary damages. In...

Debtor not entitled to real estate proceeds.
May 12, 2004... Byline: Kevin M. Momot In an action to recover payment of proceeds from the sale of property that the debtor owed in common with his brothers and sister, the U.S. Bankruptcy Court for the Western District of New York reviewed several...

Monroe County Clerk's office unveils virtual private network.
May 12, 2004... Byline: Helen Nguyen The Virtual Private Network (VPN) service of the Monroe County Clerk's Office is just another example of how technology is changing the way we do business. The new program was unveiled by the clerk's office Wednesday,...

Greater Rochester Assn. for Women Attorneys installing new president.
May 12, 2004... Byline: Jill Miller With a goal of increasing membership to over 300, Audrey Peartree takes the helm of the Greater Rochester Association for Women Attorneys this evening. Peartree, a partner at Barrett Greisberger Dollinger Fletcher...

Erie County Health Commissioner's denial of smoking ban waiver reviewed by Court.
May 13, 2004... Byline: Nora A. Jones Where the Erie County Commissioner of Health denied petitioner's application for a waiver to the smoking ban, the New York State Supreme Court, Erie County, determined that the County Commissioner had expanded the...

Exclusionary rule applied to parole revocation.
May 13, 2004... Byline: Jill Miller Finding that no separate state constitutional rule has been created which calls for application of the exclusionary rule to parole revocation proceedings, a New York State Supreme Court judge concluded that Parole v....

'Ethics Update' program focuses on proposed code changes and multi-jurisdictional practice.
May 13, 2004... Byline: Kevin M. Momot Professor Steven Wechsler, associate dean for academic affairs and professor of law at Syracuse University College of Law, presented a two credit hour continuing legal education program titled "Ethics Update 2004...

Gov. Pataki appoints appellate division justices.
May 13, 2004... Byline: Staff Gov. George E. Pataki has designated Judges John W. Sweeny, Jr. and James M. Catterson as justices of the Appellate Division, First Department and Judge Robert Lifson as a justice of the Appellate Division, Second Department....

Crime prevention council to discuss sharing criminal records.
May 13, 2004... Byline: Staff On May 18 and 19, the Compact Council for the National Crime Prevention and Privacy Compact will meet in Minneapolis, according to a notice in the Federal Register, Vol. 69, No. 74, page 20,641. Thus far, the federal...

Canisius College's breach of contract claim against mutual fund company dismissed.
May 14, 2004... Byline: Helen Nguyen In a recent case where Canisius College filed a lawsuit against The Vanguard Group, the U.S. District Court for the Western District of New York found no merit to the college's claim that Vanguard failed to comply with...

Coercive instruction to jury leads to new trial.
May 14, 2004... Byline: Jill Miller Finding the trial court's supplemental instruction to a deadlocked jury was coercive and unbalanced, the New York State Court of Appeals affirmed an Appellate Division decision ordering a new trial. In the People v....

State Board of Elections to host campaign finance seminars.
May 14, 2004... Byline: Staff The New York State Board of Elections will host campaign finance seminars in Ithaca, Elmira, Rochester, Lockport and Syracuse on May 17, 18, 19, 20 and 21 respectively. Each seminar will include a presentation on...

Underberg & Kessler LLP to participate in Cornell's Entrepreneurship Legal Services Program.
May 14, 2004... Byline: Staff Underberg & Kessler will participate in Cornell University's Entrepreneurship Legal Services (ELS) program. Sponsored by the Johnson Graduate School of Management and Cornell Law School, the ELS program allows its...

Rochester Legal Briefs May 14, 2004.
May 14, 2004... Byline: Staff The Appellate Division, Fourth Department decisions included a review of negligence suits. Among the issues raised were what notice was required in a lawsuit against a municipality, and the propriety of a motion to set aside...

Hodgson Russ adds members to Toronto office.
May 14, 2004... Byline: Staff Kenneth N. Frankel has joined Hodgson Russ's Toronto office in the corporate and securities practice group and the international/cross-border practice group. In addition, Omer Ozden (corporate and securities practice...

U.S. District Court for W. District of NY rules motion to transfer lacks convincing proof.
May 17, 2004... Byline: Nora A. Jones In A&A Jewellers Limited and A&A Jewelers, Inc. v. Commemorative Brands, Inc., the U.S. District Court for the Western District of New York reviewed defendant's request for changing venue but determined that...

NY Court of Appeals holds defendant not liable for failure to warn of hazardous condition.
May 17, 2004... Byline: Jill Miller Finding the defendant did not have a duty to warn the plaintiff about the dangers posed by a leaning tree located on neighboring property, the New York State Court of Appeals affirmed the Appellate Division's order...

Hodgson Russ attorney receives Athena Award.
May 17, 2004... Byline: Staff Pamela Davis Heilman was honored with the 15th annual ATHENA Award at a luncheon presentation ceremony on April 29, at the Hyatt Regency, Buffalo. Heilman is the vice president of the business division of Hodgson Russ LLP....

NY State Bar Assn. forms committee to study student loans.
May 17, 2004... Byline: Staff As part of the second phase of its program to assist law school graduates with repaying loan debts, the New York State Bar Association has created a Special Committee to Study Student Loans. This new group will be chaired...

Bar Association of Erie County celebrates Law Day.
May 17, 2004... Byline: Jill Miller The Bar Association of Erie County celebrated Law Day in full style, handing out six awards while recognizing a number of local school children for their submissions in the annual poster contest and mock trial...

Governor Pataki fills two judicial vacancies.
May 17, 2004... Byline: Staff Gov. George E. Pataki has nominated John M. Curran as a justice of the Supreme Court in the Eighth Judicial District and Deborah A. Haendiges as a judge of the Erie County Family Court. On April 20, the Fourth Department...

Prison sentence deemed unduly harsh and severe, ineffective assistance of counsel claim denied.
May 18, 2004... Byline: Kevin M. Momot Where the defendant was convicted of robbery, kidnapping and criminal possession of a weapon and sentenced to 15 years in prison, the defendant claimed he was denied effective assistance of counsel and was denied...

Disability benefits case remanded for new hearing.
May 18, 2004... Byline: Helen Nguyen In a case where the plaintiff claimed that she could not work as a result of her chronic lymphoma, the U.S. District Court for the Western District of New York found that the administrative law judge (ALJ) committed...

Monroe County Bar Assn. rates Judge Taddeo not qualified for State Supreme Court seat.
May 18, 2004... Byline: Jill Miller Former Monroe County Family Court judge and current Republican candidate for New York State Supreme Court, Ann Marie Taddeo, has received a not qualified rating from the Monroe County Bar Association. The MCBA...

Rochester home sales bloom in April.
May 18, 2004... Byline: Jill Miller According to the Greater Rochester Association of Realtors, home closings jumped 18.5 percent in April as compared to March. A total of 929 homes closed last month compared to 784 in March. April closings are also...

NY State Court of Appeals lists filings for April 2-8, 2004.
May 18, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Government contracts costs, pricing covered by new West title.
May 18, 2004... Byline: Staff The government's procurement budget totals more than $240 billion each year, and there are specialized rules regarding contract negotiations, cost allowances and accounting requirements. To help professionals understand and...

Claims against insurance company dismissed.
May 19, 2004... Byline: Helen Nguyen In a case where the plaintiff was denied life insurance benefits from First Unum Life Insurance Co., the U.S. District Court for the Western District of New York ruled the plaintiff's claims against First Unum should...

Biological Father's consent to adoption petition deemed unnecessary by court.
May 19, 2004... Byline: Jill Miller Finding that a father failed to substantially communicate with his daughter for a period of six months and most of her life, Monroe County Surrogate's Court granted the petition of the mother's partner to adopt the girl...

UB Law Alumni Assn. hosts reception to welcome newly admitted attorneys.
May 19, 2004... Byline: Kevin M. Momot For more than 100 years the University at Buffalo Law Alumni Association has served alumni by sponsoring and assisting with events and programs that enhance the national reputation and visibility of the law school,...

Landlord Expo assisted by legal community.
May 19, 2004... Byline: Staff On Saturday, May 15, The Housing Council held its annual Landlord Expo with various members of the legal community supporting the efforts to educate landlords, realtors and property managers. The Lawyer Referral Service...

Three UB faculty members named Distinguished Teaching Professors by SUNY Board of Trustees.
May 19, 2004... Byline: Staff Three faculty members at the University at Buffalo have joined the ranks of distinguished professors appointed by the State University of New York Board of Trustees. Elizabeth Mensch, professor in the UB Law School, and...

Grandparents' visitation rights terminated.
May 20, 2004... Byline: Jill Miller Finding the strenuous relationship between the parents and grandparents continued to cause increased tension and anxiety, the New York State Court of Appeals affirmed an order terminating visitation between the...

Assn. of Legal Administrators recognizes students during annual dinner.
May 20, 2004... Byline: Staff The Rochester chapter of the Association of Legal Administrators held its annual meeting and dinner at the Strathallan Hotel last Wednesday, May 12. Monroe County Executive Maggie Brooks was the keynote speaker for the event....

Open dialogue discussion highlights 'Brown v. Board of Education' decision.
May 20, 2004... Byline: Kevin M. Momot Over 300 students from 11 Western New York high schools gathered in the Common Council Chambers at Buffalo City Hall last Friday, May 14, to help commemorate the 50th anniversary of the historic Brown v. Board of...

ABA seeks comments on Model of Judicial Conduct revisions.
May 20, 2004... Byline: Staff The American Bar Association Joint Commission to Evaluate the Model Code of Judicial Conduct has released, for comment, preliminary drafts of revised Canons 1 and 2 of the ABA Model Code of Judicial Conduct. Commission...

NY State Court of Appeals lists filings for April 9-15, 2004.
May 20, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Corporate attorney Edmund J. Russell joins Underberg & Kessler.
May 20, 2004... Byline: Staff Edmund J. Russell III has joined the law firm of Underberg & Kessler LLP as an associate in the firm's corporate department. Russell focuses his legal practice on banking, corporate and municipal law. He counsels...

Court finds mentally disabled worker eligible for Social Security benefits.
May 21, 2004... Byline: Helen Nguyen The question of whether the plaintiff would still be disabled and unable to work if she stopped abusing alcohol was the central issue addressed by the U.S. District Court for the Western District of New York in Amy...

Court dismisses eviction action for Ithaca Housing Association's failure to follow procedures.
May 21, 2004... Byline: Nora A. Jones In a summary proceeding for holdover, the Ithaca City Court looked to the terms of the lease in Mutual Housing Association of Tompkins County, Inc. v. Joe Hawes before concluding the landlord failed to follow the...

'Have Gavel Will Travel' stops in Monroe County.
May 21, 2004... Byline: Staff The Appellate Division, Fourth Department has scheduled another continuing legal education program in its "Have Gavel, Will Travel" series. The program will be held from 8:30 a.m. to 4 p.m. on Thursday, May 27 at the...

Rochester Inst. of Technology students create ad campaign for Volunteer Legal Svcs. Project.
May 21, 2004... Byline: Kevin M. Momot Students at the Rochester Institute of Technology conducted a presentation as part of the new media team project course for the School of Print Media, focusing on advertisement and website development for the...

NY State Court of Appeals lists filings from April 16-22, 2004.
May 21, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

NY State Court of Appeals affirms denial of motion to suppress and weapons possession conviction.
May 24, 2004... Byline: Jill Miller Finding the police had reason to believe the defendant could be armed and dangerous, the New York State Court of Appeals affirmed denial of defendant's motion to suppress, thus affirming his weapons possession...