Daily Record (Rochester, NY) articles from May 2006

Daily Record (Rochester, NY) archives from May 2006

U.S. District Court, Western District of N.Y dismisses Fun Quest's lawsuit against town of Henrietta.
May 3, 2006... Byline: Helen Nguyen There was insufficient evidence that the Town Board of Henrietta was motivated by racial animus when it passed an amendment which prevented the plaintiff, Fun Quest, from holding teen dances at its recreation center,...

Fun Quest's Lawsuit Against Town Of Henrietta Dismissed By District Court.
May 3, 2006... Byline: Helen Nguyen

Monroe County Court denies defendant's motion to reargue.
May 3, 2006... Byline: Sarah M. Feingold The defendant moved to reargue the court's decision and order which denied his motion to dismiss the indictment after a hearing. Reviewing the facts in People v. Reggie D. Caswell, New York State Supreme...

N.Y. State Bar Assn.'s SLAPI program assists new lawyers with law school debt.
May 3, 2006... Byline: Daily Record Staff Because of huge law school loans and debt, many new lawyers who recently graduated from law school feel they have to obtain a job at a private law firm instead of working in the public law interest area since...

Monroe County Bar Assn. unveils 'How to Choose a Lawyer' website.
May 3, 2006... Byline: Daily Record Staff The Monroe County Bar Association's "How to Choose a Lawyer" website (www.mcba.org/howtochoose) hopes to serve as an unbiased resource to the public when the need arises to retain an attorney for different types...

Monroe County celebrates Law Day 2006.
May 4, 2006... Byline: Sarah M. Feingold On Monday, May 1 Monroe County celebrated Law Day, a nationally recognized day set aside to celebrate the rule of law. This year's Law Day theme was "Liberty Under Law: Separate Branches, Balanced Powers." ...

Monroe County Celebrates Law Day 2006.
May 4, 2006... Byline: Sarah M. Feingold

Personal injury suit involving Coca-Cola display moves forward.
May 4, 2006... Byline: Helen Nguyen Concluding that issues of fact existed as to whether an Eckerd store should have known about a potentially dangerous Coca-Cola display that caused injuries to the plaintiff, the U.S. District Court for the Western...

NY State Bar Association presents 'Pro Bono' Service Awards.
May 4, 2006... Byline: Daily Record Staff Immigrants seeking asylum, single mothers trying to navigate the complex landscape of personal bankruptcy, and a family trying to provide a safe home for their disabled child are just a few examples of low income...

N.Y. State Bar Assn.'s 'Pro Bono' Conference covers ethics, best practices.
May 5, 2006... Byline: Nora A. Jones The New York State Bar Association brought together leaders from across upstate New York to explore strategies for increasing pro bono service. The all day program was held in Rochester on April 27. NYSBA...

'Pro Bono' Conference Covers Ethics, Best Practices.
May 5, 2006... Byline: Nora A. Jones

N.Y. State Supreme Court examines $3M tax assessment increase.
May 5, 2006... Byline: Sarah M. Feingold Where the tax assessment on a property increased by over $3 million, the respondents claimed it was due to additional revenue from the property. Reviewing the facts in Aes Hickling, LLC and Aes Creative...

Claimants' attorneys doubt new Social Security Administration regulations.
May 5, 2006... Byline: Daily Record Staff The Social Security Administration (SSA) has released new regulations regarding the process of applying for Social Security Disability (SSD). Jo Anne B. Barnhart, commissioner of the SSA, says these regulations...

New York State Supreme Court rules Home Depot negligent in losing video tape.
May 8, 2006... Byline: Sarah M. Feingold Where the petitioner's fall in a Home Depot store was captured on surveillance video, the court ordered a copy of the video tape to be provided to the petitioner. Home Depot claimed the video was lost and the...

U.S. District Court, Western District rules agreement did not constitute a 'True Lease'.
May 8, 2006... Byline: Helen Nguyen Concluding the U.S. Bankruptcy Court did not err when it denied the plaintiff/appellant's administrative expense claim based on its finding that an agreement between the two parties was not a "true lease," the U.S....

February 2006 New York State Board of Law Examiners results.
May 8, 2006... Byline: Daily Record Staff The New York State Board of Law Examiners has completed grading the papers written by applicants for admission to the Bar at the examination held on Feb. 21 and 22. A total of 3,565 candidates sat for the...

Sale of Rochester Fast Ferry pending.
May 8, 2006... Byline: Daily Record Staff Rochester Mayor Robert J. Duffy and Rochester Ferry Company President, Benjamin Douglas announced an agreement with Euroferries Limited for the sale of the Fast Ferry for $29.8 million. Euroferries is a...

Rochester Legal Briefs: May 8, 2006.
May 8, 2006... Byline: Daily Record Staff In recent Appellate Division, Fourth Department decisions, among the issues reviewed were proper trial conduct in a mold case, a personal injury case and a summary judgment. Personal Injury A Mold Case...

USPS proposes 25 percent postage increase for newspapers.
May 8, 2006... Byline: Daily Record Staff Postal rates in May 2007 could rise nearly 25 percent for in-county newspapers if the U.S. Postal Service (USPS) has its way, and annual increases are in store for the foreseeable future. USPS announced that...

Greater Rochester Association for Women Attorneys dinner honors local educator.
May 9, 2006... Byline: Nora A. Jones A gifted teacher, an untiring administrator and an energetic influence on higher education in Rochester, Alice Holloway Young, Ed.D., was the recipient of the 2006 Directors' Award presented by the Greater Rochester...

GRAWA Dinner Honors Local Educator.
May 9, 2006... Byline: Nora A. Jones

U.S. District Court for W. District of NY rules insurance co. did not evaluate claim properly.
May 9, 2006... Byline: Helen Nguyen Concluding that the insurance company did not properly evaluate the plaintiff's disability claim, the U.S. District Court for the Western District of New York granted the plaintiff's motion for summary judgment. ...

New York State Supreme Court, Erie County precludes expert from testifying at trial.
May 9, 2006... Byline: Sarah M. Feingold Where a propane tank rolled off a truck and caused injury, the plaintiff served expert disclosure testimony regarding propane tanks. The defendant moved to disqualify the expert on the basis of a conflict of...

NY State Attorney General's suit against Liberty Mutual alleges a bid-rigging scheme.
May 9, 2006... Byline: Daily Record Staff A lawsuit initiated against Liberty Mutual alleged that the firm participated in a pervasive bid-rigging scheme. The civil complaint details how Liberty Mutual made payoffs to insurance brokers and...

Rochester Legal Briefs: May 9, 2006.
May 9, 2006... Byline: Daily Record Staff In Appellate Division, Fourth Department criminal law decisions, the court addressed issues of sex offender classification, violation of probation and prosecutorial misconduct at trial. CRIMINAL DECISIONS ...

U.S. District Court, Western Districtof N.Y. dismisses contribution claim for clean-up costs.
May 10, 2006... Byline: Helen Nguyen Concluding there was insufficient evidence that the defendant was responsible for the contamination at a landfill site, the U.S. District Court for the Western District of New York dismissed the plaintiff's claim for...

Contribution Claim For Clean-Up Costs Dismissed.
May 10, 2006... Byline: Helen Nguyen

Westchester County Justice Court rules venue at issue for misdemeanor on train.
May 10, 2006... Byline: Sarah M. Feingold Where the defendant was charged with public lewdness in the City of Yonkers while on a train, the court determined whether the Hastings-on-Hudson Justice Court was an appropriate venue for the prosecution of the...

Court authorized wiretap interceptions increase.
May 10, 2006... Byline: Daily Record Staff According to the federal judiciary, the number of orders authorizing or approving the interception of wire, oral or electronic communications by federal and state courts increased 4 percent last year, for a total...

NY State Supreme Court, Monroe County rules court made fair trial determination in 'Zacher'.
May 11, 2006... Byline: Sarah M. Feingold Where the defendant was convicted of two counts of Murder in the First Degree and one count of Assault in the First Degree, the defendant argued that his loss of memory deprived him of a fair trial and effective...

Court Made Fair Trial Determination In 'Zacher'.
May 11, 2006... Byline: Sarah M. Feingold

Highland Hospital and Strong Health to pay $200K to Hispanic employees.
May 11, 2006... Byline: Daily Record Staff The U.S. Equal Employment Opportunity Commission (EEOC) announced the settlement of a national origin discrimination lawsuit under Title VII of the 1964 Civil Rights Act against Highland Hospital and Strong...

N.Y. State Supreme Court rules cancellation of real estate contract was proper.
May 12, 2006... Byline: Sarah M. Feingold Where the parties entered into a sales contract for two parcels of real property, the sellers argued they cancelled the contract. Reviewing the facts in Thomas J. DeStefano, Kim M. DeStefano v. Anargiros...

Cancellation Of Real Estate Contract Was Proper.
May 12, 2006... Byline: Sarah M. Feingold

.S. District Court, Western District rules district court did not have long-arm jurisdiction.
May 12, 2006... Byline: Helen Nguyen In a case where the plaintiff was arrested on a fugitive warrant by the defendants who reside in Kentucky, the U.S. District Court for the Western District of New York ruled that it did not have long-arm jurisdiction...

Monroe County Bar Assn. releases judicial evaluation results.
May 12, 2006... Byline: Daily Record Staff The Monroe County Bar Association released its evaluation results of seven candidates seeking judgeships for New York State Supreme Court, Monroe County Family Court and Rochester City Court. The MCBA has a...

Rochester-based Piper Law opens doors to legal community.
May 12, 2006... Byline: Daily Record Staff "Counseling and representing employers in all labor and employment matters," is how Piper Law's website (www.laborlawatwork. com) describes the services offered by the newly established practice. Scott D....

Rochester Legal Briefs: May 12, 2006.
May 12, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department's recent tort decisions addressed defamation and construction law issues. CIVIL DECISIONS Defamation - Qualified Privilege A physical education teacher...

New York State Court of Appeals upholds exclusion of expert testimony.
May 15, 2006... Byline: Helen Nguyen In a case where a victim could only see the eyes of the robber who broke into her home because the robber wore a scarf over the lower part of his face, the New York State Court of Appeals concluded that the trial court...

Monroe County Court judge dismisses Grand Larceny indictment for lack of evidence.
May 15, 2006... Byline: Sarah M. Feingold Where the defendant allegedly forged a check, she was charged with one count of Forgery in the Second Degree, one count of Criminal Possession of a Forged Instrument in the Second Degree and one count of Grand...

New York State Court of Appeals lists filings for April 14 through 20, 2006.
May 15, 2006... 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.S. District Court for Western District of NY requires parties to engage in arbitration.
May 16, 2006... Byline: Helen Nguyen Did a temporary "agreement," or "term sheet" that the plaintiff and the defendant entered into require the parties to resolve their dispute through arbitration? This was the central issue that the U.S. District Court...

Parties required to engage in arbitration.
May 16, 2006... Byline: Helen Nguyen

Monroe County Court judge denies prisoner's motion to vacate rape judgment.
May 16, 2006... Byline: Sarah M. Feingold Where the defendant was convicted of rape, he moved to vacate his judgment based on the discovery of new evidence. Reviewing the facts in People v. Bernard Pitts, Monroe County Court Judge Frank P. Geraci, Jr....

Candidates passing February's New York State Bar exam.
May 16, 2006... Byline: Daily Record Staff The following is a list of candidates who have successfully completed the February installment of the New York State Bar examination. The list is categorized by Seventh, Eighth and Fifth Judicial Districts: ...

Greater Rochester Association of Realtors: Steady average home sale prices in April.
May 16, 2006... Byline: Sarah M. Feingold According to the Greater Rochester Association of Realtors, year-to-date existing single-family home sales are up by 2.3 percent compared to 2005, and slightly down by 0.6 percent compared to last month. The...

New York State Court of Appeals lists filings for April 21 through 27, 2006.
May 16, 2006... 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.S. District Court, Western Dist. of N.Y. rules ineffectiveness of appellate counsel claim dismisse.
May 17, 2006... Byline: Helen Nguyen In a case where the petitioner was convicted of attempted murder and assault, the U.S. District Court for the Western District of New York found no merit to his claim that he received ineffective assistance of counsel...

N.Y. State Supreme Court denies the defendant's motion of right to testify.
May 17, 2006... Byline: Sarah M. Feingold Where the defendant wrote a letter requesting to be provided with notice when the matter was presented to a Grand Jury, he moved for dismissal of the indictment for the People's failure to notify him and afford...

Rochester-based Bausch & Lomb removes MoistureLoc contact lens solution worldwide.
May 17, 2006... Byline: Daily Record Staff Bausch & Lomb announced earlier this week that it is permanently removing its ReNu with MoistureLoc contact lens solution from worldwide markets. Health authorities in the United States, Hong Kong and...

Rochester law firmto present at national diversity conference.
May 17, 2006... Byline: Daily Record Staff Attorneys and staff from Nixon Peabody LLP will share insights on implementing a successful diversity program at the 2006 Diversity Conference and Post-Conference Legal Symposium. The conference will take place...

U.S. District Court, Western District of N.Y. rules FedEx worker not disabled under ADA.
May 18, 2006... Byline: Helen Nguyen In an employment discrimination suit where the plaintiff alleged that her former employer violated her rights under the Americans with Disabilities Act (ADA), the U.S. District Court for the Western District of New...

FedEx worker not disabled under ADA.
May 18, 2006... Byline: Helen Nguyen

N.Y. State Supreme Court rules no obligation for owner to maintain building.
May 18, 2006... Byline: Sarah M. Feingold Where the plaintiff suffered an alleged injury on an elevator, he filed a lawsuit against the building owner, the commercial tenants who leased the building and the company who was responsible for maintaining the...

Revised Law Guardian Representation Standards now online.
May 18, 2006... Byline: Daily Record Staff The third edition of the Law Guardian Representation Standards, Volume II: Custody Cases has been approved by the Executive Committee of the New York State Bar Association and is now available on the...

Woman's Bar Assn. of the State of N.Y. to hold 27th annual convention.
May 18, 2006... Byline: Daily Record Staff The Woman's Bar Association of the State of New York (WBASNY) will hold its 27th annual convention and installation of officers for the 2006-07 term the weekend of May 19 through 21 at the Sagamore in Bolton...

Rochester Legal Briefs: May 18, 2006.
May 18, 2006... Byline: Daily Record Staff In civil appeals, the Appellate Division, Fourth Department reviewed personal injury rulings, including a number of summary judgment motions. CIVIL DECISIONS Slip and fall - Constructive notice A...

Child support payments considered 'property' of plaintiff.
May 19, 2006... Byline: Helen Nguyen In a case where an ex-husband and wife alleged that the Erie County Child Support Enforcement Unit (ECCSEU) failed to disburse child support payments to the ex-wife that the agency collected from the ex-husband, the...

Child support payments considered 'property' of plaintiff.
May 19, 2006... Byline: Helen Nguyen

NY State Supreme Court says journalist waived 'Shield Law' by disclosure.
May 19, 2006... Byline: Sarah M. Feingold Where the plaintiff served a journalist with a non-party judicial subpoena, the journalist refused to testify invoking his rights under New York State Civil Rights Law s. 79-h. Reviewing the facts in Constance...

NY State Bar Assn. urges adoption of national Shield Law.
May 19, 2006... Byline: Daily Record Staff The New York State Bar Association is calling on Congress to adopt a federal Shield Law closely modeled after state law (section 79-h of New York's Civil Rights Law). "New York State's law, which has been in...

Former Irondequoit dentist pleads guilty of bilking Medicaid.
May 19, 2006... Byline: Daily Record Staff A pediatric dentist who formerly practiced in Monroe County pleaded guilty to one count of Grand Larceny in the Third Degree, in county court, admitting that he defrauded the Medicaid program. The Superior...

Appellate Division Law Library new book list for spring 2006.
May 19, 2006... Byline: Daily Record Staff The Failure Of The Founding Fathers: Jefferson, Marshall, And The Rise Of The Presidential Democracy by Bruce A. Ackerman, Cambridge, MA : Belknap Press of Harvard University Press, c 2005, E 331 A25 2005. ...

St. John Fisher College in Rochester recognizes alumni in legal community.
May 22, 2006... Byline: Sarah M. Feingold On May 17, the Justinian Order of St. John Fisher College held its fifth annual luncheon for members of the judiciary, the bar, government, law enforcement and the business sector. Over 175 individuals attended...

St. John Fisher recognizes alumni in legal community.
May 22, 2006... Byline: Sarah M. Feingold

U.S. District Court, Western Dist. of N.Y. rules health insurer can recover for benefits already pai.
May 22, 2006... Byline: Helen Nguyen In a case where the plaintiff was seriously injured following a motorcycle accident, the U.S. District Court for the Western District of New York upheld the health insurance company's refusal to allow the plaintiff to...

N.Y. Court of Claims rules sledding spectator assumed risk.
May 22, 2006... Byline: Sarah M. Feingold Where the claimant failed to keep an eye on a group of sledders and was subsequently injured in a collision, she claimed the state was negligent in failing to secure the area where individuals could ride. The...

Area attorneys to discuss Intellectual Property in Rochester.
May 22, 2006... Byline: Daily Record Staff The Rochester Professional Consultants Network (RPCN) will hold two special events in June on Intellectual Property (patents, trademark, copyrights). They will be focused around the theme "What Consultants Need...

Onondaga County Family Court holds children to remain with father.
May 23, 2006... Byline: Sarah M. Feingold Where the court previously granted sole custody of three children to the father, the mother moved to modify a default custody order to gain custody. Reviewing the facts in Matter of T.T. v. R.F.T., Onondaga...

Children to remain with father, family court holds.
May 23, 2006... Byline: Sarah M. Feingold

Rochester mayor's budget an investment in 'One City'.
May 23, 2006... Byline: Daily Record Staff Last week, Mayor Robert Duffy submitted to City Council his 2006-07 budget proposal for Rochester. The budget is the action plan for the priorities of his administration, and despite closing a $11.2 million...

Monroe Community College teacher authors family law book.
May 23, 2006... Byline: Daily Record Staff A professor in the Paralegal Program at Monroe Community College has written a book on family law. Entitled Family Law for New York Paralegals, the book is published by LexisNexis. The author is Gary Muldoon, an...

New York State Court of Appeals lists appellate filings for April 28 through May 4, 2006.
May 23, 2006... 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...

New York State Court of Appeals lists recent appellate filings.
May 23, 2006... Byline: Daily Record Staff

A New York family court celebrates national foster care month with first ever appreciation ceremony.
May 24, 2006... Byline: Sarah M. Feingold On May 19, Monroe County Family Court celebrated National Foster Care Month with the first ever foster care appreciation ceremony. The event was attended by numerous individuals who are involved in the foster...

Family court celebrates national foster care month.
May 24, 2006... Byline: Sarah M. Feingold

New York court finds Pennsylvania law controls discovery material in medical malpractice case.
May 24, 2006... Byline: Helen Nguyen In a medical malpractice lawsuit, the U.S. District Court for the Western District of New York found that Pennsylvania law, not New York law, governed the discoverability of certain peer review material sought by the...

Buffalo attorney named Bar Association of Erie County Lawyer of the Year.
May 24, 2006... Byline: New York Daily Record staff Buffalo attorney Courtland R. LaVallee, Sr. will receive the 2006 Lawyer of the Year Award at the Bar Association of Erie County's 119th Annual Dinner to be held on Wednesday, June 7 at the Hyatt Regency...

New York court rules plaintiff's three prior internet infringement claims bars his current claims.
May 25, 2006... Byline: Helen Nguyen In an action where the plaintiff alleged that the defendants infringed on his Internet website domain name of "1800AsSeenOnTV.com," the U.S. District Court for the Western District of New York concluded the...

New York Children's Center receives donation.
May 25, 2006... Byline: Nora A. Jones Proceeds from two lectures hosted by the Greater Rochester Association for Women Attorneys were donated to the Children's Center at the Monroe County Family Court, housed on the third floor of the Hall of Justice. ...

New York court waives physician-patient privilege with regard to mental condition.
May 25, 2006... Byline: Sarah M. Feingold Where the plaintiff made a motion to renew and sought discovery of the defendant's records of mental illness, the court examined whether the defendant waived the physician-patient privilege. Reviewing the...

New York post-bankruptcy reform study challenges earlier findings.
May 25, 2006... Byline: Daily Record Staff Recent findings of The Institute for Financial Literacy (IFL) challenge earlier studies of those who file bankruptcy and the reasons for their financial distress. The IFL began analyzing bankruptcy filers after...

Monroe County Family Court judge rules relocation was in the best interest of the child.
May 26, 2006... Byline: Sarah M. Feingold Where the mother sought permission to relocate to Atlanta with her son, the father objected to the relocation.Reviewing the facts in Pamela H. v. Cordell W., Jr, Monroe County Family Court Judge Anthony J....

U.S., Japan's new initiative --Patent Prosecution Highway.
May 26, 2006... Byline: Dailly Record Staff Report In a joint effort, the U.S. Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) are launching a new trial cooperation initiative called the Patent Prosecution Highway, effective July 3....