Daily Record (Rochester, NY) articles from May 2005

Daily Record (Rochester, NY) archives from May 2005

NY Appellate Division, Fourth Dept., reinstates public nuisance cause of action.
May 2, 2005... Byline: Kevin M. Momot Where the plaintiffs brought an action seeking monetary damages and injunctive relief for alleged injuries sustained from the defendant's operation of a nearby quarry, a cause of action for public nuisance was...

NY State Supreme Court grants dismissal based on continued failure to comply with discovery demands.
May 2, 2005... Byline: Jill Miller Because the plaintiff failed to produce any information as to his economic records regarding his medical practice or the names of at least two treating physicians, even though two motions to compel and three court...

Monroe County Medical Society offers seminar to help address needs of hearing impaired.
May 2, 2005... Byline: Staff The Monroe County Medical Society (MCMS) is offering a program featuring Dr. Carolyn Stern, a deaf family physician in private practice, and Spencer Phillips, a deaf attorney with Greater Upstate Law Project/Public Interest...

Phillips Lytle partner honors retired NY State Court of Appeals Judge Matthew Jasen.
May 2, 2005... Byline: Staff Retired New York State Court of Appeals Judge Matthew J. Jasen was recently honored at a reception in Buffalo by the New York State Court of Appeals and other local judges and dignitaries for his distinguished career on the...

New York State Court of Appeals lists filings for April 1-7, 2005.
May 2, 2005... 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...

Bicycles and motorcycles help NY attorney relieve stress of practicing law.
May 2, 2005... Byline: Nora A. Jones Because law is a stressful profession, Adam W. Perry, partner at Hodgson Russ in Buffalo, has many interests that help him maintain a playful attitude outside of work. "Everyone needs some diversion," said Perry....

Appellate Division, Fourth Dept affirms dismissal of Labor Law claims.
May 3, 2005... Byline: Kevin M. Momot Where the claimant brought an action to recover damages for injuries sustained in the course of employment, she was not entitled to judgment under Labor Law s.s. 200 and 240(1). The claimant's injury did constitute...

US District Court for W. District of NY rules continuing violation doctrine does not apply.
May 3, 2005... Byline: Helen Nguyen In a case where the plaintiff alleged she was subjected to a hostile work environment and her employer discriminated against her based on her gender, the U.S. District Court for the Western District of New York ruled...

Upcoming Monroe County Bar Assn. CLE to focus on personal injury depositions.
May 3, 2005... Byline: Staff The Litigation Council of the Monroe County Bar Association has put together an enthusiastic cast to demonstrate personal injury depositions in an upcoming continuing legal education seminar. The CLE, titled "The Personal...

Court-authorized federal, state wiretaps increase 19 percent.
May 3, 2005... Byline: Staff According to the Administrative Office of the U.S. Courts, a total of 1,710 applications for wiretaps of wire, oral or electronic communications were authorized in 2004, an increase of 19 percent over 2003. Of those, 730...

New York State Court of Appeals lists filings for April 8-14, 2005.
May 3, 2005... 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...

Students recognized at Law Week Celebration.
May 4, 2005... Byline: Nora A. Jones Students, parents, attorneys, teachers and family friends gathered at the Hall of Justice on Wednesday, April 27 for a special Law Week Awards Ceremony sponsored by the Monroe County Bar Association. Monroe County...

NY Court of Appeals rules volunteer firefighters may direct, regulate traffic.
May 4, 2005... Byline: Jill Miller Vehicle and Traffic Law s. 1102 permits a fire chief to direct firefighters to regulate and direct traffic at the scene of a fire or accident. This was the finding of the New York State Court of Appeals in People...

Appellate Division releases disciplinary proceedings and attorney resignations.
May 4, 2005... Byline: Dailty Record Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter Of Lawrence Baker, An Attorney, Respondent. Grievance Committee Of The Seventh...

Monroe County Bar debates effects of plea bargaining.
May 4, 2005... Byline: Jill Miller Leaders from the legal community debated the effects of plea bargaining on the legal system during a recent Speakers Forum, hosted by the Monroe County Bar Center for Education on Wednesday, April 27. Specifically,...

NY State Bar Assn. recognizes local attorney, law firm.
May 4, 2005... Byline: Daily Record Staff A lawyer who represented a client in a ground-breaking constitutional case, a law firm that championed housing rights for the indigent, and a young lawyer who devoted 200 hours to an international custody case...

Eighth Judicial District holds Jury Appreciation Week.
May 4, 2005... Byline: Daily Record Staff The American Bar Association has selected the American Jury as its signature initiative throughout 2005 to strengthen the jury as a democratic institution and enhance the public's understanding of its role in the...

District court finds Internet Website does not establish personal jurisdiction over defendant.
May 5, 2005... Byline: Helen Nguyen Because of the Internet, courts are being confronted with the issue of whether they have personal jurisdiction over parties who reside outside the court's jurisdiction but who have websites on the Internet. In...

Summary judgment on liability granted to plaintiff by NY State Supreme Court.
May 5, 2005... Byline: Jill Miller Even though a bank mistakenly issued a 1099-c form indicating the defendants debt was cancelled, in reality, the debt was not cancelled because the requirements of UCC 3-605(2) were not met. As a result, the plaintiff...

Law Day lunch includes remarks by Judge Richard C. Wesley.
May 5, 2005... Byline: Nora A. Jones The Monroe County Bar Association, in association with the Rochester Black Bar Association and the Greater Rochester Association for Women Attorneys, hosted an annual lunch program on April 29 to celebrate Law Day....

Erie County wins 2005 Western New York Mock Trial tournament.
May 6, 2005... Byline: Nora A. Jones Throughout the day on April 30, judges used the expression "the best of the best" to describe the students participating in the regional mock trial competition in Batavia. With Charles L. Mancuso (Batavia attorney)...

Judge dismisses dog bite case due to lack of vicious propensity.
May 6, 2005... Byline: Jill Miller Because the plaintiff failed to prove the defendants' dog had ever bitten, attacked or harmed anyone before he bit the plaintiff, the defendant's motion to dismiss the plaintiff's personal injury action was granted. ...

WACK 1420AM to carry legal program hosted by Rochester attorneys.
May 6, 2005... Byline: Rochester Daily Record Staff WACK 1420AM radio will carry the award winning "Lawyers, Who Needs 'Em" radio program featuring hosts Randal A. Simonetti and James M. Hartman. The program originated on National Public Radio in...

Bar Assn. of Erie County presents awards during annual Law Day celebration.
May 6, 2005... Byline: Kevin M. Momot On Tuesday, April 26, the Bar Association of Erie County held its annual Law Day Luncheon, honoring local attorneys and non-attorneys who have distinguished themselves in service to the law. Liberty Bell Award...

Petition to terminate child support denied by Ontario County Family Court judge.
May 9, 2005... Byline: Jill Miller Because the petitioner failed to exercise his visitation rights to see his daughter over the last six years, an Ontario County Family Court judge denied a petition to terminate the petitioner's child support...

Monroe County celebrates Juror Appreciation Week.
May 9, 2005... Byline: Nora A. Jones Monroe County Jury Commissioner Charles Perreaud stood outside the Central Jury Room at the Rochester Hall of Justice on Monday, May 2, greeting area citizens who had been summoned to report for jury duty. Inside the...

Humpty Dumpty declared winner in Harter Secrest's mock trial play.
May 9, 2005... Byline: Helen Nguyen Humpty Dumpty sat on a wall. Humpty Dumpty had a great fall. All the king's horses, and all the king's men couldn't put Humpty together again. Did you ever wonder how Humpty Dumpty fell off the wall? Putting a...

New York State Court of Appeals lists more April filings.
May 9, 2005... 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...

2nd Circuit reconsiders denial of habeas relief.
May 10, 2005... Byline: Nora A. Jones Finding that the state court based its decision on an unreasonable determination of the facts and "unreasonably applied the governing federal law" and that such errors were not harmless, the U.S. Court of Appeals for...

NY State Supreme Court, Oneida County judge grants discover request in lead poisoning case.
May 10, 2005... Byline: Jill Miller Finding the defendants established the relevance of the educational, employment and psychological records of the parents of the infant plaintiffs in a lead poisoning case, a New York State Supreme Court, Oneida County...

Personal injury depositions focus of Monroe County Bar Assn. continuing legal education seminar.
May 10, 2005... Byline: Jill Miller Personal injury depositions were the topic of a recent continuing legal education program sponsored by the Litigation Section of the Monroe County Bar Association. Approximately 35 attorneys attended the Wednesday,...

Greater Rochester Assn. for Women Attorneys releases judicial ratings for city court candidates.
May 10, 2005... Byline: Staff The Greater Rochester Association for Women Attorneys released its ratings for the judicial candidates seeking election to Rochester City Court. The ratings were: Charles F. Crimi - highly qualified; Debra...

Rochester Legal Briefs: May 10, 2005.
May 10, 2005... Byline: Staff The Appellate Division, Fourth Department's civil decisions from April 29 included issues of discovery, trial practice and summary judgment. CIVIL DECISIONS Personal Injury - Retrial A Buffalo police officer was...

Attorney Jeffrey Wicks can't imagine life without music.
May 10, 2005... Byline: Nora A. Jones A television broadcast on Sunday, Feb. 9, 1964 had a significant influence on millions of people. That was the first appearance of The Beatles on The Ed Sullivan Show and Jeffrey Wicks remembers it well. "I was...

U.S. District Court in NY approves proposed settlement in overtime action involving Kodak.
May 11, 2005... Byline: Helen Nguyen In a case where the plaintiffs claimed Eastman Kodak Co. failed to pay them for the overtime hours they worked, the U.S. District Court for the Western District of New York approved the settlement agreement that the...

Denine Carr to become 2005-2006 president of Greater Rochester Assn. for Women Attorneys.
May 11, 2005... Byline: Nora A. Jones Denine K. Carr remembers reading a book about a female criminal lawyer that likely planted the seed for her legal career. "There were no lawyers in my family," she admitted. "But I knew I would go on for more than...

Public Interest Law Office of Rochester (PILOR) releases homeowners insurance report.
May 11, 2005... Byline: Jill Miller Where you live may dictate how much you pay for homeowner's insurance and what type of homeowner's insurance coverage you are offered. This was the major finding of a report recently released by the Public Interest...

NY law firm Hiscock & Barclay celebrates 150 years.
May 11, 2005... Byline: Staff Hiscock & Barclay, LLP opened its doors 150 years ago in Tully, NY when two brothers, L. Harris and Frank Hiscock, established the L.H. & F. Hiscock Law Office in Upstate New York. The two-man office has grown steadily,...

Monroe County Bar Center for Education, Thomson West present CLE on career of Clarence Darrow.
May 11, 2005... Byline: Staff The Monroe County Bar Center for Education, in partnership with Thomson West, will bring the Periaktos Productions program "Clarence Darrow: Crimes, Causes and the Courtroom" to Rochester in a continuing legal education...

Cause of plaintiff's injury was uncertain, NY State Supreme Court judge rules.
May 12, 2005... Byline: Jill Miller A New York State Supreme Court, Monroe County, judge denied the defendant's motion for summary judgment on the grounds there was a dispute as to whether the plaintiff's injury was caused by her own misstep or by the...

U.S. District Court says Inmate's Eighth Amendment claim time barred.
May 12, 2005... Byline: Helen Nguyen Where an inmate alleged he contracted hepatitis C because the correctional facility failed to provide adequate protection, the U.S. District Court for the Western District of New York ruled his claim was time barred...

Monroe County Bar Assn. tackles issue of lawyer advertising.
May 12, 2005... Byline: Jill Miller In an effort to ensure attorney advertising is truthful, fair and accurate, the Monroe County Bar Association has established a set of guidelines for lawyer advertising. The bar association will also establish a...

Monroe County Surrogate Court Judge Calvaruso talks to Greater Rochester Assn. for Women Attys.
May 12, 2005... Byline: Nora A. Jones Responding to a "perception" that guardian ad litem appointments may fall to a favored few, Monroe County Surrogate Court Judge Edmund Calvaruso scheduled a lunchtime meeting with the Greater Rochester Association for...

Appellate Division, Fourth Dept. rules skiing injury was part of inherent risk.
May 13, 2005... Byline: Kevin M. Momot Where the plaintiff brought an action to recover damages for injuries sustained in a downhill skiing accident on the defendant's premises, a fence was erected to serve as a warning to skiers and therefore the...

NY appellate court affirms law firm members cannot invoke right against compelled self-incrimination.
May 13, 2005... Byline: Jill Miller The issue of whether individual partners of a small law firm can invoke the privilege against compelled self-incrimination in response to a grand jury subpoena duces tecum was recently before New York State's highest...

Monroe County Bar Assn. to present its second annual multi-county legal program.
May 13, 2005... Byline: Staff Once again, the Monroe County Bar Association is reaching out to attorneys in Cayuga, Livingston, Ontario, Seneca, Steuben, Wayne and Yates counties to assist them in earning continuing legal education credit that is required...

Women's Bar Assn. of the State of New York to install new officers and present awards.
May 13, 2005... Byline: Staff The Women's Bar Association of the State of New York will celebrate the end of its 25th year as it holds its 26th annual convention this weekend in Cooperstown, NY. Andrea Phoenix, a private practitioner and of counsel to...

NY State Court of Appeals lists filings for April 15-21, 2005.
May 13, 2005... 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...

Town Hall Meeting held in Buffalo to discuss jury system.
May 13, 2005... Byline: Nora A. Jones Eighth Judicial District Administrative Judge Sharon Townsend welcomed students, judges, former jurors, attorneys and citizens to a 1.5 hour Town Hall Meeting as part of the Law Week celebration in Erie County during...

U.S. District Court, Western District rules inmates claim against prison enough to survive dismissal.
May 16, 2005... Byline: Helen Nguyen In a case where an inmate alleged correctional officers and other prison officials violated his constitutional rights by filing false misbehavior reports and conducting retaliatory searches of his cell, the U.S....

NY State Supreme Court, Monroe County denies plaintiff's motion for summary judgment denied.
May 16, 2005... Byline: Jill Miller Concluding the co-defendant raised an issue of fact on her eighth affirmative defense, a New York State Supreme Court, Monroe County, judge denied the plaintiff's motion for summary judgment. In ESL Federal Credit...

John H. Napier named Bar Association of Erie County's Lawyer of the Year.
May 16, 2005... Byline: The Daily Record Staff Longtime Buffalo trial lawyer John H. Napier will receive the 2005 Lawyer of the Year Award at the Bar Association of Erie County's 118th Annual Dinner on Wednesday, June 8 at the Hyatt Regency Buffalo. A...

Report examines 'pro se' process.
May 16, 2005... Byline: The Daily Record Staff How can policy-makers assist people who cannot afford full-service legal representation and instead represent themselves in court? How can policy-makers encourage private lawyers to help more people who need...

Judge Paul L. Friedman to deliver keynote at University at Buffalo Law School's commencement.
May 16, 2005... Byline: The Daily Record Staff U.S. District Court, District of Columbia, Judge Paul L. Friedman will give the keynote address at the University at Buffalo Law School's 116th commencement at 1 p.m. on May 21 in the Center for the Arts at...

U.S. Bankruptcy Court for the Western District of NY considers rulings on "first day motions".
May 17, 2005... Byline: Nora A. Jones Where a debtor sought the court's approval to carry out short-term operational tasks immediately after filing for Chapter 11, the U.S. Bankruptcy Court for the Western District of New York determined that many of the...

NY State Court of Appeals affirms termination of father's parental rights.
May 17, 2005... Byline: Jill Miller Concluding the evidence was legally sufficient to support family court's findings that a father abandoned his daughter, the New York State Court of Appeals affirmed an order from the Appellate Division, terminating the...

Greater Rochester Assn. for Women Attorneys rates judicial candidates for NY State Supreme Court.
May 17, 2005... Byline: Staff The Greater Rochester Association for Women Attorneys released its ratings for the judicial candidates seeking election to New York State Supreme Court for the Seventh Judicial District. The ratings were: Michael...

NY's Unified Court System to hold annual Family Violence Task Force Seminar May 19.
May 17, 2005... Byline: Staff The Unified Court System will hold its annual Family Violence Task Force Seminar from 10 a.m. to 3 p.m on Thursday, May 19 at the University of Rochester. This is a combined training program for the Fifth, Sixth, Seventh and...

Home sales in Rochester remain strong in spring.
May 17, 2005... Byline: Jill Miller The number of homes listed for sale in the Rochester area jumped 24.9 percent in April as compared to March. According to the Greater Rochester Association of Realtors, 2,263 homes were listed for sale in April,...

American Bar Assn. urges Congress to adopt first-inventor-to-file rule.
May 17, 2005... Byline: Staff The American Bar Association is urging Congress to adopt a first-inventor-to-file rule as it reviews proposals for reforms and improvements in U.S. patent laws. In making a case for awarding the right to patent to the...

Rochester Legal Briefs: May 17, 2005.
May 17, 2005... Byline: Staff In Appellate Division, Fourth Department decisions, the appeals court addressed issues involving personal injury claims. CIVIL DECISIONS Automobile Accident - Public Vehicle A man was injured when a snowplow...

'Best interests of child' must be considered in determining custody, Appellate Division finds.
May 19, 2005... Byline: Helen Nguyen Finding a family court judge failed to consider what was in the "best interests of the child" in a child custody case when the court granted sole custody to the child's parents, the New York Supreme Court, Appellate...

NY State Court of Appeals finds long-arm jurisdiction did not apply to plaintiff.
May 19, 2005... Byline: Jill Miller Long-arm jurisdiction does not exist over a nonresident holding a New York State driver's license and car registration for a tort claim arising from an out-of-state car accident. This was the finding of New York...

Appellate Division, Fourth Department sits in Orleans County today.
May 19, 2005... Byline: Rochester Daily Record Staff The Appellate Division, Fourth Department will hold another in its series of "Have Gavel Will Travel" sessions today in Orleans County. The court will convene in Albion for the first time in its...

PBS to air documentary on prison alternative program May 24.
May 19, 2005... Byline: Rochester Daily Record Staff PBS will feature a documentary focusing on an alternative to incarceration for criminal offenders. Titled Red Hook Justice, the program focuses on the Red Hook Community Justice Center, an experimental...

NY State Court of Appeals lists filings for April 22-28, 2005.
May 19, 2005... Byline: Rochester 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...

U.S. Bankruptcy Court outlines steps required for debtors to obtain repossessed vehicle.
May 20, 2005... Byline: Kevin M. Momot Where the debtors filed a contempt motion in response to repossession of their vehicle before a Chapter 13 bankruptcy petition was filed, the court outlined the steps required for debtors to obtain possession of a...

NY State Supreme Court denies motion to set aside defendant's sentence as persistent offender.
May 20, 2005... Byline: Jill Miller The defendant's motion to set aside his sentence on the grounds he was illegally sentenced as a persistent felony offender was denied by a New York State Supreme Court judge. In People v. Kevin J. Johnson, the...

Buffalo Law Review honors Robert T. Conklin, president of Hodgson Russ LLP.
May 20, 2005... Byline: Staff The University at Buffalo Law School's Buffalo Law Review held its 16th Annual Law Review Dinner on April 21 at The Buffalo Club. Robert T. Conklin, president of Hodgson Russ LLP, was honored for his service to the...

Ronald J. Axelrod establishes new law practice in Penfield, NY.
May 20, 2005... Byline: Staff Ronald J. Axelrod has established a new law practice, Ronald J. Axelrod & Associates, PC, located at 300 Linden Oaks in Penfield. Axelrod will concentrate his practice on estate/elder law and business law. Axelrod is a...

Claim for contribution of contaminated land dismissed by U.S. District Court Western District of NY.
May 23, 2005... Byline: Helen Nguyen Where the plaintiff sought compensation from the defendant with regard to an environmentally contaminated piece of land, the U.S. District Court for the Western District of New York ruled the plaintiff was not entitled...

New York State Court of Appeals affirms order setting aside murder conviction.
May 23, 2005... Byline: Jill Miller In a case where the trial judge set aside the defendant's verdict pursuant to Judiciary Law s. 2-b(3), CPL 450.20 does not allow the People to appeal the judge's sua sponte order. This was the finding of the New...

Addiction treatment, child custody focus of discussion in Rochester.
May 23, 2005... Byline: Nora A. Jones Over 74,000 people in Monroe County need drug treatment, reported Betty Mandly, director of residential programs for Rochester's Catholic Family Center. Sadly, only about 30 percent of them seek treatment. She...

U.S. Supreme Court strikes down ban on interstate wine sales.
May 23, 2005... Byline: The Daily Record Staff In a ruling that bolsters the U.S. Constitution and benefits consumers, the U.S. Supreme Court struck down state laws banning interstate wine sales. Old-economy regulations shield established industries...

New York State Court of Appeals notice to the bar.
May 23, 2005... Byline: The Daily Record Staff The New York State Court of Appeals welcomes motions for amicus curiae participation from qualified and interested parties with regard to People v. John Taylor - a capital appeal. Such motions must be noticed...

US Bankruptcy Court rules GMAC financing contract not an "executory contract" in Chapter 13 plan.
May 24, 2005... Byline: Nora A. Jones General Motors Acceptance Corp. (GMAC) asked the U.S. Bankruptcy Court for the Western District of New York to consider a retail installment contract as an "executory contract," in reviewing a Chapter 13 plan in In...

NY State Court of Appeals analyzes medical malpractice claims.
May 24, 2005... Byline: Jill Miller The New York State Court of Appeals was called upon to determine whether a pregnant woman can recover damages for emotional harm where the alleged malpractice causes injury to the fetus, subsequently born alive. ...

Foundation of Monroe County Bar awards annual grants.
May 24, 2005... Byline: Staff The Foundation of the Monroe County Bar recently announced its grants awarded for the 2005-2006 year. In total, the Foundation awarded six grants totaling $22,500 to organizations and projects which met its mission...

NY State Court of Appeals lists filings for April 29-May 5, 2005.
May 24, 2005... 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 Supreme Court grants application to force feed inmate.
May 25, 2005... Byline: Jill Miller An order allowing a correctional facility to force feed the respondent, an inmate at the institution, if he refuses to eat was granted by a New York State Supreme Court judge. In the Matter of Ronny Brown, the...

Jeffrey Freedman speaks on Social Security reform at conference.
May 25, 2005... Byline: Staff On May 13, Jeffrey Freedman spoke at the annual Social Security conference sponsored by the National Organization of Social Security Claimant's Representatives (NOSSCR). A sustaining member since 1980, Freedman spoke about...

NY State Bar Assn. president testifies against raising passing score on NY State bar exam.
May 25, 2005... Byline: Staff During a joint legislative hearing held on Monday, May 23 in Albany, New York State Bar Association President Kenneth G. Standard commented on the lack of studies linking lawyer competence to an increase in the passing score...

Monroe County District Attorney Green and Sheriff O'Flynn propose amendments to Megan's Law.
May 25, 2005... Byline: Staff Monroe County District Attorney Mike Green and Sheriff Patrick O'Flynn have announced their joint support for Gov. George Pataki's proposed amendments to the Sex Offender Registration Act, known as "Megan's Law." Among...

FCC requires enhanced 911 services for VoIP providers.
May 25, 2005... Byline: Staff The Federal Communications Commission is taking steps to protect consumers by requiring certain providers of voice over Internet protocol (VoIP) phone service supply enhanced 911 (E911) emergency calling capabilities to their...