Daily Record (Rochester, NY) articles from May 2008

Daily Record (Rochester, NY) archives from May 2008

March sales of single-family homes in New York State up from February, down from last year.
May 1, 2008... Byline: Danielle Derringer Sales of existing single-family homes in New York State in March increased by more than 10 percent compared to February, buy lagged behind March 2007, according to preliminary single-family sales data accumulated...

Erie County process server arrested.
May 1, 2008... Byline: Daily Record Staff & Wire Reports An Erie County process server was released on her own recognizance after her arraignment for allegedly filing false affidavits of service with the Cattaraugus County Clerk. Annette Forte, 34, of...

Commentary: A new Act to combat genetic discrimination.
May 1, 2008... Byline: Elizabeth Wolford Enthusiasm over the scientific advancements in the area of genetic testing has been tempered by the prospect that information concerning a person's DNA will be used to deny health insurance coverage. Despite the...

Case Digests.
May 1, 2008... U.S. Court of Appeals for the Second Circuit Labor Law FLSA -- Commuting Singh v. City of New York No. 06-2969-cv Appealed from the Southern District of New York Background: The plaintiffs are fire alarm inspectors employed by...

U.S. Court of Appeals for the Second Circuit Case Summaries: May 1, 2008.(Case overview)
May 1, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit Labor Law FLSA-- Commuting Singh v. City of New York No. 06-2969-cv Appealed from the Southern District of New York Background: The plaintiffs...

U.S. District Court, Western District of New York Case Summaries: May 1, 2008.(Case overview)
May 1, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Habeas Corpus Immigration -- Removal Kassama v. Department of Homeland Security 07-CV-6196 CJS Judge Siragusa Background: The...

New York State Court of Appeals Case Summaries: May 1, 2008.(Case overview)
May 1, 2008... Byline: Daily Record Staff & Wire Reports New York State Court of Appeals Sentencing Post-Release Supervision Garner v. New York State Department of Correctional Services 3 No. 57 Background: The petitioner was sentenced for...

Appellate Division, Third Department Case Summaries: May 1, 2008.(Case overview)
May 1, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Third Department Evidence Disciplinary Rule -- Sufficiency Alicea v. Smith 502205 Article 78 proceeding to review an administrative determination Background: The...

New York AG Cuomo: Medicaid fraud recoveries doubled.
May 1, 2008... Byline: Daily Record Staff & Wire Reports The state attorney general reports that his medicaid fraud unit recovered nearly twice as much money in 2007 as the year before. The 2007 Annual Report of the New York State Attorney General's...

Some New York State judges avoid lawmaker cases.
May 1, 2008... Byline: Daily Record Staff & Wire Reports Some state judges are refusing to hear cases brought by the law firms of state legislators, who have failed to give them a raise for 10 years. "Our chief judge has started a lawsuit, and I think...

Book about former New York Gov. Eliot Spitzer to be published.
May 1, 2008... Byline: Daily Record Staff & Wire Reports A book about the rise and stunning decline of former New York Gov. Eliot Spitzer, co-authored by the makers of a book and documentary about the fall of Enron, is being published by Penguin Group...

Case Digests.
May 2, 2008... U.S. Court of Appeals for the Second Circuit Commerce Clause Firearms Manufacturers City of New York v. Beretta USA Corp. No. 05-6942-cv Appealed from the Eastern District of New York Background: The defendants are manufacturers and...

Commentary: Retirement and taxes: Some things never end.
May 2, 2008... Byline: James H. Barr Income from various retirement sources may be subject to different tax rates and rules. The following summarizes some of the sources of retirement income and how it will be taxed. Defined benefit pension plans...

News Briefs.
May 2, 2008... Manufacturing report shows April squeeze NEW YORK (AP) -- A private trade group says its index of manufacturing activity was flat in April, stalled at its lowest level in five years, indicating that the economy continues to contract. The...

Turning a fixer-upper into a home takes a little TLC.
May 2, 2008... Byline: Danielle Derringer Many homebuyers choose houses that are move-in ready, but a small group goes against the norm to purchase houses that need work, both cosmetically and structurally. Fixer-uppers can offer buyers a challenge they...

Monroe County Bar Association honors community leaders.
May 2, 2008... Byline: Elizabeth Stull The Monroe County Bar Association celebrated the 50th Anniversary of Law Day Thursday with a sold-out luncheon and award ceremony honoring leaders of the legal community. A record-setting 450 judges, lawyers and...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: May 2, 2008.(Case overview)
May 2, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Commerce Clause Firearms Manufacturers City of New York v. Beretta USA Corp. No. 05-6942-cv Appealed from the Eastern District of New York Background: The...

U.S. District Court, Western District of N.Y. Case Summaries: May 2, 2008.(Case overview)
May 2, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Breach of Contract Lost Profit Diversified Construction of Western NY, Inc. v. Sheds USA, Inc. 04-CV-739S Judge Skretny Background: The defendant entered into...

Appellate Division, 1st Department Case Summaries: May 2, 2008.(Case overview)
May 2, 2008... Byline: Daily Record Staff Appellate Division, First Department Parental Rights Abandonment In Re Kairi Jazlyn F. v. Catholic Guardian Society 03981 Appealed from Family Court, New York County Background: Family court...

Appellate Division, 3rd Department Case Summaries: May 2, 2008.(Case overview)
May 2, 2008... Byline: Daily Record Staff Appellate Division, 3rd Department Unemployment Misconduct -- Insubordination Mills v. Miteq, Inc. 503392 Appealed from the Unemployment Insurance Appeal Board Background: The claimant appeals from a...

Rochester Education Briefs: May 2, 2008.
May 2, 2008... Byline: Daily Record Staff Bryant & Stratton's new forensic library Bryant & Stratton College unveiled a new criminal justice laboratory with a series of technology demonstrations Thursday. The lab is equipped with the same facial...

Rochester Government Briefs: May 2, 2008.
May 2, 2008... Byline: Daily Record Staff DMV services for boat and watercraft owners Monroe County Clerk Cheryl Dinolfo will provide DMV services for watercraft owners this Saturday, May 3 from 8:30 a.m. to 12:30 p.m. at Shumway Marina, according to a...

Greater Rochester area invited to CEO Fellows information session.
May 2, 2008... Byline: Daily Record Staff Chief executives from companies throughout the Greater Rochester area are invited to an information session on CEO Fellows -- a unique peer-to-peer learning group that will meet monthly in an effort to make their...

N.Y. Gov. Paterson addresses the mortgage crisis.
May 2, 2008... Byline: Daily Record Gov. David A Paterson followed a meeting Thursday with the state's Congressional Delegation by calling on both the Federal Government and the New York State Legislature to take additional steps to protect New Yorker's...

Rochester-Monroe County Freedom Trail Commission to honor USCT?officers.
May 5, 2008... Byline: Daily Record Staff Report The Rochester-Monroe County Freedom Trail Commission will honor the 200,000 men of color and 7,000 white civil war officers who constituted the U.S. Colored Troops (USCT) during its fourth annual tribute,...

'Flower City Days' at Rochester's Public Market.
May 5, 2008... Byline: Daily Record Staff & Wire Reports "Flower City Days at the Market" are coming to Rochester's Public Market, Sundays, May 11 through June 8, and during Memorial Day weekend, Friday, May 23 through Monday, May 26 from 8 a.m. to 2:00...

Rita Moreno at Rochester High Falls International Film Festival.
May 5, 2008... Byline: Daily Record Staff & Wire Reports Over the weekend, Rita Moreno, Oscar, Tony and Grammy-award-winning actress, singer and dancer star kicked off the annual "Children's Shorts from Around the World" film screening at the Rochester...

Rochester Philharmonic Orchestra ends season on note of destiny.
May 5, 2008... Byline: Daily Record Staff & Wire Reports As the grand finale to its landmark 85th anniversary season, the Rochester Philharmonic Orchestra (RPO), under music director Christopher Seaman presents Carl Orff's spectacular Carmina Burana,...

State of New York to reduce local government costs.
May 5, 2008... Byline: Daily Record Staff & Wire Reports Gov. David A. Paterson announced the recipients of 67 grants totaling $13.7 million that will help improve efficiency and lead to savings for taxpayers through partnerships among local governments,...

U.S. Court of Appeals for the Second Circuit Case Summaries: May 5, 2008.
May 5, 2008... Byline: Daily Record Staff & Wire Reports U.S. Court of Appeals for the Second Circuit First Amendment Civil Rights Suit -- Municipal Policymaking Vives v. The City of New York No. 05-1664 Appealed from the Southern District of...

U.S. District Court, Western District of New York Case Summaries: May 5, 2008.
May 5, 2008... Byline: Daily Record Staff & Wire Reports U.S. District Court, Western District of New York Discrimination Sexual Harassment Ludwig v. Rochester Psychiatric Center 05-CV-6267L Judge Larimer Background: The plaintiff has...

Appellate Division, Third Department Case Summaries: May 5, 2008.
May 5, 2008... Byline: Daily Record Staff & Wire Reports Appellate Division, Third Department Burglary Doorway Assault People v. Prince 100908 Appealed from Supreme Court, Albany County Background: The defendant, who was 15 years old at the time...

Case Digests.
May 5, 2008... U.S. Court of Appeals for the Second Circuit First Amendment Civil Rights Suit -- Municipal Policymaking Vives v. The City of New York No. 05-1664 Appealed from the Southern District of New York Background: The plaintiff sent a New...

N.Y. State Court of Appeals vacates criminal negligence sentence.
May 5, 2008... Byline: Daily Record Staff Report People v. Cabrera, 3 No. 61, New York State Court of Appeals, opinion by Justice Read: Does the operation of a motor vehicle at a speed of 15-17 miles per hour over the limit on a twisting road resulting...

Commentary: Keep your 401(k) strong when the economy is not.
May 5, 2008... Byline: Kimberly DiMaria The saying, "When the going gets tough, the tough get going," attributed to Joseph P. Kennedy, father of President John F. Kennedy, could well become the mantra for 2008 for many Americans. Everything we see on the...

Commentary: It's for your own good.
May 5, 2008... Byline: Nicole Black "Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may...

News Briefs.
May 5, 2008... Commission to honor USCT officers The Rochester-Monroe County Freedom Trail Commission will honor the 200,000 men of color and 7,000 white civil war officers who constituted the U.S. Colored Troops (USCT) during its fourth annual tribute,...

Commentary: Hormone therapy case time barred.
May 5, 2008... Byline: Elizabeth Stull In a split 3-2 decision regarding hormone replacement therapy for a woman with a history of breast cancer, the Appellate Division, Fourth Department said her malpractice claims were time barred because the treatment...

FDIC proposes loans to pay down mortgages.
May 5, 2008... Byline: Danielle Derringer The Federal Deposit Insurance Corp. (FDIC) recently formulated a plan where homeowners could receive federal loans to pay down their principal costs. According to the FDIC, they are proposing that Congress...

Western New York On The Move.
May 6, 2008... Byline: Danielle Derringer Hurwitz & Fine PC announced Ann E. Evanko as president of the firm. Robert P. Fine continues as CEO and chair of the Board of Directors. Frontier announces the promotion of Trent Bridges to general manager,...

Case Digests.
May 6, 2008... U.S. Court of Appeals for the Second Circuit Federal Arbitration Act Interlocutory Orders Faiveley Transport Malmo AB v. Wabtec Corp. No. 07-5189-cv Appealed from the Southern District of New York Background: In 1993, Wabtec, a...

Prescription drugs account for $1B in upstate N.Y.
May 6, 2008... Byline: Daily Record Staff Prescription drugs account for $1 billion in upstate New York Out of more than 3,000 prescribed drugs in upstate New York last year, 10 brand-name drugs accounted for more than $1 billion in spending, or nearly...

Monroe County Family Court grants grandmother visitation.
May 6, 2008... Byline: Elizabeth Stull A Monroe County Family Court recently granted a grandmother visitation rights with her grandson, over the objections of both parents. "He's the love of my life and I cherish every moment with him," an emotional...

Purchasing a historic home in Rochester.
May 6, 2008... Byline: Danielle Derringer Rochester is home to many unique localities, such as the Susan B. Anthony neighborhood, East Avenue, Park Avenue and Corn Hill. Historic homes that line these streets are rich with detail and their owners take...

U.S. Court of Appeals for the Second Circuit Case Summaries: May 6, 2008.
May 6, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Federal Arbitration Act Interlocutory Orders Faiveley Transport Malmo AB v. Wabtec Corp. No. 07-5189-cv Appealed from the Southern District of New York...

New York State Court of Appeals Case Summaries: May 6, 2008.
May 6, 2008... Byline: Daily Record Staff New York State Court of Appeals Insurance Duty to Defend Worth Construction Co. v. Farm Family Casualty Insurance Co. No. 52 Appealed from the Appellate Division Background: A developer retained...

Appellate Division, Fourth Department Case Summaries: May 6, 2008.
May 6, 2008... Byline: Daily Record Staff Appellate Division, Fourth Department Guilty Plea Sufficiency of Allocution People v. Hinckley KA 06-01443 Appeal from Ontario County Court Background: Defendant pleaded guilty to six different charges,...

Maryland law firms announce staffing changes: May 6, 2008.
May 6, 2008... Byline: Danielle Derringer Hurwitz & Fine PC announced Ann E. Evanko as president of the firm. Robert P. Fine continues as CEO and chair of the Board of Directors. Goldberg Segalla LLP announced Tamara C. Bigford was reappointed...

Frontier Communications in Rochester promotes Bridges.
May 6, 2008... Byline: Danielle Derringer Frontier announces the promotion of Trent Bridges to general manager, Rochester metro territory. Bridges will focus on developing working relationships with key business and community leaders as well as with the...

RochesterWorks!, Inc. appoints Pecor as executive director.
May 6, 2008... Byline: Danielle Derringer RochesterWorks!, Inc. appointed Peter C. Pecor as executive director. RochesterWorks! is a not-for-profit organization that administers two career centers and funds for employment and training services. Pecor...

Rochester Legal Briefs: May 6, 2008.
May 6, 2008... Byline: Daily Record Staff Bob Brenna, a name partner of Brenna, Brenna & Boyce PLCC and a columnist for The Daily Record, was sworn in last night as president of the New York State Academy of Trial Lawyers. New York State Attorney General...

Rochester Hospitality Briefs: May 6, 2008.
May 6, 2008... Byline: Daily Record Staff City calling all Iron Chef wanna-be's Chef's Days at the Rochester Public Market kicks off this Saturday with a cooking contest whose winner will be a member of the Wild Card Team at the New York Wine &...

U.S. District Court, Western District Case Summaries: May 7, 2008.(Case overview)
May 7, 2008... Byline: The Daily Record Staff U.S. District Court, WDNY Eighth Amendment Medical Indifference Tafari v. Stein 01-CV-0841 Judge Scott Background: The plaintiff is a prisoner who had surgery to his shoulder in 1984 while...

Commentary: Try to avoid the three big mistakes of investing.
May 7, 2008... Byline: Terry Diehl The past six months have been a scary time in the markets. October '07 marked five years of a bull market, according to most Wall Street research. The markets then sold off from October through March. That has happened...

Commentary: The effect of bankruptcy and foreclosure on credit.
May 7, 2008... Byline: Michael Swanson Most people believe bankruptcy affects your ability to get credit for seven years. That is untrue. Most people may file two types. A Chapter 7 bankruptcy filing allows for full discharge of liability of certain...

Commentary: Late at night, lost in the fog of law.
May 7, 2008... Byline: Scott Forsyth Remember Tyshawn Caldwell, Frederick Lewis, and Devon Scott? They were three city kids who were tragically murdered in the spring and summer of 2006. The community was outraged and demanded that our leaders take...

New resource for Rochester nonprofits.
May 7, 2008... Byline: The Daily Record Staff Area nonprofit organizations have a new online resource with the launch of the Center for Community Engagement's new Web site. The site, www.cce-rochester.org, offers instant access to resources designed to...

Fourth Department says priest could owe fiduciary duty; diocese might be liable too.
May 7, 2008... Byline: Elizabeth Stull In a precedent-setting case, the Appellate Division of the Fourth Judicial Department has found that a priest may owe a fiduciary duty of care to an adult woman parishioner with whom he had an adulterous affair...

Construction update: Rochester holds steady.
May 7, 2008... Byline: Danielle Derringer Spending on nonresidential construction is rising in the United States, and home-building in Rochester is showing promise. Of the 16 U.S. nonresidential sectors, 14 produced year-over-year spending gains in...

Appellate Division, Third Department Case Summaries: May 7, 2008.(Case overview)
May 7, 2008... Byline: The Daily Record Staff Appellate Division, Third Department Tax Assessments Arm's Length Sales Brooks Drugs, Inc. v. Board of Assessors 03964 Appealed from Supreme Court, Schenectady County Background: The petitioner, now...

Rochester Institute of Technology finishes second in international competition.
May 7, 2008... Byline: The Daily Record Staff Rochester Institute of Technology's (RIT) Baja SAE team captured second place at an international Baja competition on May 3, according to a release from RIT. Baja SAE is a student-design competition sponsored...

Rochester Philharmonic Orchestra to help Veterans outreach center.
May 7, 2008... Byline: The Daily Record Staff On Wednesday, May 21, the Rochester Philharmonic Orchestra (RPO), with Bank of America and Veterans Outreach Center will celebrate the release of the RPO's new recording, HONOR: Portraits of America, with a...

Altered book workshop at Central Library of Rochester.
May 7, 2008... Byline: The Daily Record Staff The Central Library of Rochester and Monroe County will host Altered Books Workshops on Saturday, May 17 and Tuesday, May 20, 2 to 4 p.m. in the Kate Cleason Auditorium, 115 South Ave. Altered books is a...

Alzheimer's Association caregiver support group in Brockport moves to new location.
May 7, 2008... Byline: The Daily Record Staff The Alzheimer's Association caregiver support group in Brockport has moved to a new location, according to a release from the Alzheimer's Association. Meetings will now be on the second Thursday of each month...

Slots open for Salvation Army's basic emergency disaster training course.
May 7, 2008... Byline: The Daily Record Staff There are still slots available for The Salvation Army's basic emergency disaster training on May 17, which is aimed at interested persons in the Finger Lakes and Western New York areas, including Caygua,...

Appellate Division, Fourth Department Case Summaries: May 7, 2008.(Case overview)
May 7, 2008... Byline: The Daily Record Staff Appellate Division, Fourth Department Sex Offender Registration Act Acceptance of Responsibility Factor People v. Ireland KA 06-00425 Appeal from Oneida County Court Background: Defendant was...

Case Digests.
May 8, 2008... u.s. district Court, wdny Fraudulent Misrepresentation Clear and Convincing Evidence Villani v. Fountain Powerboats 04-CV-00654JTC Judge Curtin Background: The plaintiff seeks money damages as a result of alleged fraudulent...

Rochester Events: May 8, 2008.
May 8, 2008... Byline: Daily Record Staff MusicFest returns to Rochester in June Western New York's long running R&B soul spectacular will keep the music temperature soaring immediately after the June 13 through 21 Rochester International Jazz Festival...

High-end condo living popular in Rochester.
May 8, 2008... Byline: Danielle Derringer A demographically unlikely blending of buyers is filling Rochester high-end condos, lofts and townhomes. The Sagamore on East, at 130 East Ave., is probably the most recognizable luxury condominium building in...

In pain, thousands wait for Social Security system in U.S.
May 8, 2008... Byline: Elizabeth Stull All of David Smith's medical woes weren't enough to speed up the Social Security system he thought he could rely on. Smith, 59, lives with his wife in a modest home on a quiet street in Brockport. He worked for 35...

U.S. District Court, Western District of N.Y. Case Summaries: May 8, 2008.(Case overview)
May 8, 2008... Byline: Daily Record Staff U.S. District Court, Western District of N.Y. Fraudulent Misrepresentation Clear and Convincing Evidence Villani v. Fountain Powerboats 04-CV-00654JTC Judge Curtin Background: The plaintiff seeks money...

Appellate Division, Third Department Case Summaries: May 8, 2008.(Case overview)
May 8, 2008... Byline: Daily Record Staff Appellate Division, Third Department Neglect Drug Use -- Parental Rights In the Matter of Gerald BB. 502698 Appealed from Family Court, Schenectady County Background: The children in this matter were...

Rochester Legal Briefs: May 8, 2008.
May 8, 2008... Byline: Daily Record Staff Local attorney recognized John Sciortino, a Rochester workers' compensation attorney, has received a Clara Lemlich Public Service Award for his outspoken efforts on behalf of the rights of injured workers in New...

Case Digests.
May 9, 2008... U.S. Court of Appeals for the Second Circuit Commerce Arson United States v. Iodice No. 06-2680-cr Appealed from the Eastern District of New York Background: The defendant was convicted of robbery, arson and fraud. Among his...

Commentary: When will you receive that stimulus payment?
May 9, 2008... Byline: Megan Broomfield The Internal Revenue Service has begun to transfer economic stimulus payments to millions of Americans, some of whom may have already seen payments in their bank accounts. The IRS will issue payments of up to $600...

News Briefs.
May 9, 2008... Farmers Market seeks summer-fall vendors The Green Brighton Task Force is coordinating a farmers market to be held on Sundays from 9 a.m. to 1 p.m. in the Brighton High School parking lot. The market will run from June 1 through Oct. 26, 2008....

Texas town hottest spot, followed by Rochester.
May 9, 2008... Byline: Danielle Derringer While a residental-sales free fall plagues most of the nation, a Texas border city and Rochester are topping the chart for expected home-cost appreciation. According to a Money Magazine report, Rochester ranked...

Univesity of Buffalo School of Law dean escaped, battled, rose to top.
May 9, 2008... Byline: Elizabeth Stull He is a law school dean now, but when Makau W. Mutua deals with a student who challenges authority, does something foolish or takes a risk, he will understand. His journey from fugitive in his native Kenya to...

U.S. Court of Appeals for the Second Circuit Case Summaries: May 9, 2008.(Case overview)
May 9, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Commerce Arson United States v. Iodice No. 06-2680-cr Appealed from the Eastern District of New York Background: The defendant was convicted of robbery, arson...

U.S. District Court, Western District of New York Case Summaries: May 9, 2008.(Case overview)
May 9, 2008... Byline: Daily Record Staff: May 9, 2008 U.S. District Court, Western District of New York Res Judicata Insurance Coverage -- Replacement Cost O & E Growers, Inc. v. Selective Insurance Company of America 07-CV-160JTC Judge...

Appellate Division, Third Department Case Summaries: May 9, 2008.(Case overview)
May 9, 2008... Byline: Daily Record Staff Appellate Division, Third Department Workers' Compensation Course of Employment Marotta v. Town and Country Electric, Inc. 503781 Appealed from the Workers' Compensation Board Background: The...

Farmers Market in Brighton seeks summer-fall vendors.
May 9, 2008... Byline: Daily Record Staff The Green Brighton Task Force is coordinating a farmers market to be held on Sundays from 9 a.m. to 1 p.m. in the Brighton High School parking lot. The market will run from June 1 through Oct. 26, 2008. The...

Monroe asthma care plan recognized.
May 9, 2008... Byline: Daily Record Staff The Monroe Plan for Medical Care has been selected to receive the U.S. Environmental Protection Agency's 2008 National Environmental Leadership Award in Asthma Management for its efforts to provide quality asthma...

Monroe asthma care plan recognized.
May 9, 2008... Byline: Daily Record Staff The Monroe Plan for Medical Care has been selected to receive the U.S. Environmental Protection Agency's 2008 National Environmental Leadership Award in Asthma Management for its efforts to provide quality asthma...