Daily Record (Rochester, NY) articles from November 2003

Daily Record (Rochester, NY) archives from November 2003

Liability under Labor Law s. 240 reviewed.
November 3, 2003... Byline: Nora A. Jones Did the trial court err in granting plaintiff partial summary judgment on the issue of liability in an action seeking damages for injuries sustained in a construction accident? The New York State Supreme Court,...

Monroe County Bar Assn. hosts County Executive candidates debate.
November 3, 2003... Byline: Jill Miller The Monroe County Bar Association kicked off its Speaker's Forum Series by hosting a debate between the candidates for Monroe County Executive on Thursday, Oct. 30, 2003.Monroe County Clerk Maggie Brooks and Rochester...

ABA unveils initiative to reform death penalty system.
November 3, 2003... Byline: Staff American Bar Association President Dennis W. Archer and bar association leaders from across the country have unveiled a nationwide, state-by-state drive to reform defense systems in jurisdictions that employ the death...

Erie County attorneys enjoy mountain climbing together.
November 3, 2003... Byline: Robbi Hess In life it's nice to know you have someone to lean on or who will watch your back - in mountaineering it is an essential part of the process. And when it comes to a successful legal practice, Wayne Gradl and Lawrence...

Pay discrimination claimed against Town of Webster.
November 4, 2003... Byline: Nora A. Jones Is plaintiff's claim of discrimination and retaliation time-barred? Does Title VII pertain to plaintiff? Is plaintiff entitled to amend her complaint to assert claims under 42 USC s. 1983?U.S. District Court Judge...

Request to charge lesser included offense waives statute of limitations defense, conviction stands.
November 4, 2003... Byline: Jill Miller In a case where the defendant was convicted of a lesser included offense for a crime that took place 20 years earlier, should the verdict be set aside because the statute of limitations on the lesser offense...

MCH Hospital honors Dr. Williams with Lifetime Achievement Award.
November 4, 2003... Byline: Jill Miller In recognition of his dedication to Monroe Community Hospital and to the field of geriatric medicine, Dr. T. Franklin Williams received the Lifetime Achievement Award last week.Dr. Williams was the guest of honor at a...

Solo practitioners will benefit from 'cold call' continuing legal ed program.
November 4, 2003... Byline: Staff Which cases are worth pursuing? How do you control a difficult client? Although there is no magic formula to figure out which cases are winners or which clients will be cooperative, a seminar being offered this Friday (Nov....

Exhaustion of remedies well-documented.
November 5, 2003... Byline: Robbi Hess Did plaintiff exhaust his administrative remedies before commencing this action? Were the plaintiff's attempts to exhaust his administrative remedies ignored or otherwise thwarted by prison officials?These were among the...

Retired Kodak counsel among 'Branton' Award recipients.
November 5, 2003... Byline: Nora A. Jones Retired Eastman Kodak Co. Patent Attorney J. Richard Everett, was among the recipients of the Wiley A. Branton Award handed out at a National Bar Association luncheon on Friday, Oct. 31. A 1960 graduate of Morehouse...

Seminar discusses how exposure to violence impacts child development.
November 5, 2003... Byline: Nora A. Jones Participants in an all day program titled "The Role of the Legal System in Promoting the Safety and Well-Being of Children Exposed to Violence" included law enforcement officers, court staff, practicing attorneys and...

Newly renovated Buffalo Law Library boasts open spaces.
November 5, 2003... Byline: Robbi Hess What is now the reading room on the third floor of the newly renovated Buffalo Law Library was originally the size of the space allotted to the whole library, Director Jim Sahlem said.In addition to the library...

'Repair v. maintenance' analyzed in context of claim asserted under Labor Law s. 240(1).
November 6, 2003... Byline: Nora A. Jones Was the plaintiff engaged in a "protected activity" for purposes of Labor Law s. 240(1) when he fell from a ladder? Are defendants subject to strict liability because plaintiff fell from a ladder in the course of his...

Untimely disclosure by mortgage company voids application fees.
November 6, 2003... Byline: Jill Miller Did the plaintiff disclose its practice of disposing of most of its mortgages to the defendant who was looking to refinance her mortgage before the transaction was completed? Should the plaintiff's decision to...

Michael Green wins Monroe County DA's race.
November 6, 2003... Byline: Jill Miller Democrat Michael Green will return to the Monroe County District Attorney's Office with a new title in January 2004 - Monroe County District Attorney. The local district attorney's race was just one of a number of...

'Have Gavel Will Travel' program held in Niagara Falls.
November 6, 2003... Byline: Robbi Hess The Angelo A. DelSignore Civic Building in Niagara Falls was home to the New York State Supreme Court Appellate Division, Fourth Department on Thursday, Oct. 30 when the court brought its "Have Gavel Will Travel" program...

Susan Roney leads Nixon Peabody's Buffalo office.
November 6, 2003... Byline: Robbi Hess The attainment of the position of managing partner in the Buffalo office of Nixon Peabody, LLP has been one of the highlights of Susan Roney's career. It is also one she credits to hard work, perseverance and a love of...

Robert Smith nominated for NY Court of Appeals vacancy.
November 6, 2003... Byline: Staff Robert S. Smith has been nominated to serve as an associate judge of the New York State Court of Appeals. Smith will fill the vacancy created by President Bush's appointment of Judge Richard Wesley to serve on the U.S. Court...

Expert witnesses excluded from testifying in product liability case involving toaster.
November 7, 2003... Byline: Helen Nguyen In a product liability action, were the conclusions of the plaintiff's expert witnesses supported by reliable methods and sufficient facts? Should the court grant the defendants' motion to exclude the expert witnesses'...

Slide down roof covered under Labor Law s. 240(1).
November 7, 2003... Byline: Jill Miller Is the plaintiff's slide down a roof, not off it, a type of hazard covered under Labor Law s. 240(1)? This was the central issue on appeal before New York State's highest court in Robert Striegel v. Hillcrest Heights...

Free pamphlets to offer info. on personal injury law.
November 7, 2003... Byline: Staff Consumers can learn more about personal injury law through a new series of free educational pamphlets developed by the law firm of Faraci & Lange. The firm's "Legal Education for Everyone" series is designed to answer common...

Monroe County Bar Assn. holds flu shot clinic.
November 7, 2003... Byline: Nora A. Jones The Monroe County Bar Association once again hosted a flu shot clinic. Conveniently located within walking distance of many law firms, this year's clinic was overflowing with participants.The Community Nurse Service...

American Bar Association reports explore juvenile defense systems.
November 7, 2003... Byline: Staff The American Bar Association has released a series of reports identifying institutional problems that prevent six states' juvenile defense systems from providing indigent children with adequate defense representation. The...

Excise tax argument by federal government deemed unreasonable, attorneys' fees awarded.
November 10, 2003... Byline: Deborah Fauver If the IRS lost a tax case in the U.S. Court of Appeals for the Tenth Circuit, would it be substantially justified in bringing the same issue, with a different taxpayer, to the Second Circuit Court of Appeals?...

Irondequoit's negligence claims are time barred.
November 10, 2003... Byline: Jill Miller Did the defendants expose the plaintiff to liability for an injury to a third party after they failed to secure an insurance policy for an amusement park ride? Are the plaintiff's claims barred by the three year statute...

Intellectual property seminar to be held on Tuesday, Nov. 18.
November 10, 2003... Byline: Staff The Rochester Intellectual Property Law Association will hold its annual fall seminar on Tuesday, Nov. 18 at the Rochester Riverside Convention Center.The guest speakers include Steven Anzalone and Erik Puknys both of...

Kick-off meeting held for 2003 Campaign for Justice.
November 10, 2003... Byline: Nora A. Jones The letters are in the mail. That would be "the letters" seeking volunteers for the upcoming phon-a-thon and the letters seeking financial support for this year's Campaign for Justice.As president of the Volunteer...

Jaeckle Fleischmann expands Amherst office.
November 10, 2003... Byline: Staff Jaeckle Fleischmann & Mugel, LLP has relocated its staff to a larger office space across the street from their current Amherst office. As part of the firm's expansion, the office at 400 Essjay Rd., Suite 320 will accommodate...

Attempt to disavow paternity disallowed.
November 12, 2003... Byline: Jill Miller Has the petitioner's use of steroids rendered him infertile or is a congenital disease the reason for his alleged infertility? Could the petitioner be the father of the respondent's child?These were the issues before...

Western District of NY jurisdiction lacking in doctor's case against hospital.
November 12, 2003... Byline: Helen Nguyen Under New York's long-arm statute does the U.S. District Court for the Western District of New York have personal jurisdiction over the defendants? Or should the action be transferred to Massachusetts where the...

Buffalo's Supreme Court Library 'officially' opens.
November 12, 2003... Byline: Robbi Hess Amid the grandeur of the historic architecture of the former University at Buffalo School of Law, close to 100 people gathered for the official opening of the newly renovated Supreme Court Library at Buffalo. The opening...

Appellate practice seminar features experts from across New York State.
November 12, 2003... Byline: Nora A. Jones A course book as thick as a metro telephone directory was just one of the hand-outs at the Nov. 5, 2003 continuing legal education program on appellate practice that was sponsored by the New York State Bar Association...

West to publish Franchise and Distribution Litigation Reporter.
November 12, 2003... Byline: Staff West, a Thomson business has created the Franchise and Distribution Litigation Reporter, an Andrews publication. This monthly litigation reporter offers comprehensive current awareness coverage of significant litigation...

Discrimination, retaliation among complaints filed against employer by transsexual doctor.
November 13, 2003... Byline: Nora A. Jones Were the plaintiff's claims of discrimination and retaliation actionable under Title VII of the Civil Rights Act based on the sexual stereotyping by plaintiff's employer? Since the employer knew that the plaintiff was...

Prison sentence modification prohibited by CPL s. 430.10.
November 13, 2003... Byline: Jill Miller Does a trial court have the power to modify its sentence of imprisonment where the court did not specify whether the defendant's sentence was to run consecutively or concurrently to an undischarged term of imprisonment...

Court security officers to benefit from training initiative.
November 13, 2003... Byline: Staff In a joint venture between the courts of the Eighth Judicial District and the Erie County Sheriff's Department, court security officers will participate in a training program that will include CPR procedures.Sheriff Patrick...

Law guardians learn about children exposed to violence.
November 13, 2003... Byline: Nora A. Jones Law guardians from across the 22 counties of the New York State Fourth Judicial Department came together on Nov. 6, for a presentation on "Understanding Children Exposed to Community Violence."The University of...

Uniform Rules of Surrogate's Court, Family Court adoption proceedings amended.
November 13, 2003... Byline: Staff Upon the advice and consent of the Administrative Board of the Courts, Chief Administrative Judge of the Courts Jonathan Lippman hereby amends, effective immediately, section 205.53(b)(7) of the Uniform Rules for the Family...

Part-time City Court judge's failure to render timely decisions leads to removal.
November 14, 2003... Byline: Jill Miller The New York State Court of Appeals has determined that a part-time White Plains City Court Judge should be removed from office due to the judge's inability to handle the cases before her in an "efficient" or...

Deportation order stands based on 'aggravated felony' charges.
November 14, 2003... Byline: Helen Nguyen Did the immigration judge (IJ) err when he ruled that the petitioner was removable based on his determination that the petitioner's Grand Larceny in the Fourth Degree conviction constituted an "aggravated felony?" Is...

Drug courts reduce recidivism by 32 percent.
November 14, 2003... Byline: Staff The New York State court system has released one of the most comprehensive statewide analyses of drug treatment court efficacy ever published. The report, which was funded by the U.S. Department of Justice and produced...

Patriotic theme connects people, events at federal building.
November 14, 2003... Byline: Nora A. Jones Congresswoman Louise M. Slaughter was on hand Monday for the ribbon-cutting ceremony marking the official opening of the Veteran's Cafe in the lower lobby of the Kenneth B. Keating Federal Building and Courthouse in...

Request for remand to state court denied.
November 17, 2003... Byline: Nora A. Jones Where the plaintiff alleges injuries as a result of an apparent defect in a hip prosthesis, should the matter be heard in state or federal court? Although originally filed in state court, defendants have removed the...

Psychiatrist's opinion given substantial, not controlling weight in disability case.
November 17, 2003... Byline: Robbi Hess Did the administrative law judge give proper weight to the medical opinion of a treating physician? Was there evidence in the record to suggest that the plaintiff suffered from impairments that are the functional...

July 2003 Bar Exam results for NY AD 4th Department.
November 17, 2003... Byline: Staff The following names have been provided by the New York Board of Law Examiners as successful local participants of the July 2003 bar exam. The Appellate Division, Fourth Department will set a schedule for admission to the bar....

Buffalo Drug Court coordinator honored at NY State Bar Assn. meeting.
November 17, 2003... Byline: Staff At its meeting on Nov. 8 in Albany, the New York State Bar Association's House of Delegates, the Committee on Justice and the Community presented the 2003 Justice Award to Buffalo Drug Court Coordinator Henry G. Pirowski. ...

Minority Bar Assn. president is dedicated to making a difference.
November 17, 2003... Byline: Robbi Hess Although he says he is more comfortable working behind the scenes, Craig Hannah has been at the forefront of the Minority Bar Association since January 2002, serving as president. The Minority Bar Association is an...

Buffalo China employees fight to survive Oneida's decision.
November 17, 2003... Byline: Nora A. Jones Starting in 1901 as Buffalo Pottery, the current employees at the Buffalo China dinnerware factory and warehouse aren't yet willing to surrender to the closure planned by their parent company, Oneida, Ltd. Over...

NY State Court of Appeals lists filings for Sept. 19-25, 2003.
November 17, 2003... 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...

Complaint amended to add trespass claim.
November 18, 2003... Byline: Jill Miller Has an ongoing process of dewatering a gravel quarry depressed the water table under the plaintiffs' homes, causing their wells to go dry or forcing them to drill deeper wells? New York State Supreme Court Judge...

Summary judgment granted in Title VII action.
November 18, 2003... Byline: Helen Nguyen Was there sufficient evidence to support the plaintiff's claims of disparate treatment, retaliation and hostile work environment? Claiming that her employer violated her rights under Title VII of the Civil Rights...

Judge Ann Pfau appointed NYS Deputy Chief Administrative Judge.
November 18, 2003... Byline: Staff Chief Administrative Judge Jonathan Lippman has appointed Ann Pfau first deputy chief administrative judge, a position that will rank second highest administratively within the New York State judiciary. At the same time,...

Monroe County Surrogate's Court announces deadlines.
November 18, 2003... Byline: Staff All matters requiring a signed order or decree prior to the end of December 2003 for estate tax, income tax, or other reasons (including judicial settlement proceedings; petitions for discharge; petitions for advanced...

Home sales jump 17.6 percent in October.
November 18, 2003... Byline: Jill Miller The number of single family existing homes sold jumped 17.6 percent in October. According to the Greater Rochester Association for Realtors, 1,167 homes sold last month compared to September when 992 were sold....

Liability for waste clean-up questioned.
November 19, 2003... Byline: Deborah Fauver Must a hair products company pay for the clean up of hazardous waste dumped 50 years ago by a related company? Not without further factual findings, ruled U.S. District Court Judge William M. Skretny, reviewing and...

'Nunc pro tunc' extension of time for service granted.
November 19, 2003... Byline: Robbi Hess Should the court dismiss a complaint pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(5) based on the plaintiff's failure to serve the complaint timely? Did the plaintiff show good cause for the failure to...

U of Buffalo honors Ken Joyce for years of classroom success.
November 19, 2003... Byline: Nora A. Jones At a starting salary of $9,900 in 1964, Kenneth F. Joyce began a long affiliation with the State University of New York at Buffalo School of Law. Since that time, he has made an impression on more than 12,000 students...

Part 104 of the Rules of the Chief Administrator of the Courts amended.
November 19, 2003... Byline: Staff Upon consultation with the Administrative Board of the Courts, Chief Administrative Judge of the Courts Jonathan Lippman hereby amends, effective immediately, Part 104 of the Rules of the Chief Administrator of the Courts,...

Singing adds vitality to attorney's life, career.
November 19, 2003... Byline: Robbi Hess Principal Court Attorney Lynn Clarke is as comfortable behind a microphone belting out a tune as she is presiding over evidentiary hearings or holding settlement conferences. Combined Passions Clarke is living...

Sexual misconduct finding doesn't preclude defendant from contesting civil liability.
November 20, 2003... Byline: Jill Miller Should a finding of sexual misconduct by a Hearing Committee of the New York State Department of Health's Board of Professional Medical Misconduct preclude the defendant from contesting liability for assault and battery...

Contractual subrogation claim against tortfeasor not barred.
November 20, 2003... Byline: Nora A. Jones Where an injured party sues a tortfeasor after already receiving over $100,000 in medical benefits from his insurer, and the health insurer files a claim as a subrogee, does the tortfeasor have grounds to dismiss the...

Winning life's marathon is theme of Rochester Women's Network conference.
November 20, 2003... Byline: Nora A. Jones Entrepreneurs, lawyers, educators, health care professionals, leaders of not-for-profits, financial consultants and technology gurus were among the list of 25 women recognized by the Rochester Women's Network at the...

Looking ahead to Law Day 2004.
November 20, 2003... Byline: Staff To commemorate the 50th anniversary of the landmark U.S. Supreme Court decision, Brown v. Board of Education, the Robert H. Jackson Center in Jamestown will welcome Linda and Cheryl Brown (two names identified with this...

New York State Bar Association shares basics of intellectual property.
November 20, 2003... Byline: Staff A new informational pamphlet on intellectual property law is now available from the New York State Bar Association. The pamphlet entitled, Intellectual Property: Copyright, Trademark, Trade Secret, Patent & Internet Law, has...

B&L and Oasis Medical settle patent dispute over Lasik blades.
November 20, 2003... Byline: Staff Bausch & Lomb Inc. and Oasis Medical, Inc., have agreed to settle a lawsuit involving a patent relating to blades used in pivoting microkeratomes - instruments used in the LASIK refractive laser surgery procedure. The...

Federal racial redistricting claim rejected.
November 21, 2003... Byline: Deborah Fauver Did the City of Buffalo violate the Voting Rights Act when it downsized the city council and reapportioned several districts in 2002? Not without proof that these actions lessened the opportunity of minority voters...

District court erred in imposing two level sentence enhancement.
November 21, 2003... Byline: Jill Miller Did the U.S. District Court for the Southern District of New York err when it imposed a two level sentencing enhancement on the defendant based on her conviction for bank and identity fraud? This was the central...

Bar Assn. of Erie County hosts reception for retiring judges.
November 21, 2003... Byline: Staff The Bar Association of Erie County will host a reception to honor two judges who have reached the mandatory retirement age of 70. New York State Supreme Court Judge Joseph Gerace of Chautauqua County and Erie County...

Assn. of Legal Administrators hears speakers on hot topics.
November 21, 2003... Byline: Nora A. Jones Dana Abramson spoke about speech recognition software and Carol Maue talked about electronic document retention during the Nov. 19 meeting of the Rochester Chapter of the Association of Legal Administrators. "I...

Media's role in supporting homeland security outlined in report.
November 21, 2003... Byline: Staff The Aspen Institute Communications and Society Program posted a new report, "Journalism, Security and the Public Interest: Best Practices for Reporting in Unpredictable Times," online at www.aspeninstitute.org/c&s. Written by...

U.S. District Court for Western District of NY remands maritime claims to state court.
November 24, 2003... Byline: Helen Nguyen Are the plaintiff's state law maritime negligence claims preempted by s. 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA)? Did the defendants improperly remove the action to federal court? Should...

U.S. Court of Appeals allows plea to stand despite procedural question.
November 24, 2003... Byline: Jill Miller Did the U.S. district court comply with the requirements of Rule 11 of the Federal Rules of Criminal Procedure when it accepted the defendant's guilty plea? In USA v. Frank Mercado, the defendant appeals a judgment...

Heckman appointed to Merit Selection Panel for Federal Public Defender of W. District of NY.
November 24, 2003... Byline: Staff Carol E. Heckman, a partner in the Buffalo office of Harter, Secrest & Emery, has been appointed by U.S. Court of Appeals for the Second Circuit Chief Judge, John M. Walker, Jr., as a member of a Merit Selection Panel for the...

Legal secretary Dorene Peters celebrates 25 years at Underberg & Kessler.
November 24, 2003... Byline: Nora A. Jones Dorene Peters was completely surprised when the law firm of Underberg & Kessler presented her with a cake, flowers and balloons and serenaded her with an anniversary song. The celebration was organized to...

Thomson Corp. releases new version of practice management software.
November 24, 2003... Byline: Staff The Thomson Corp. will release version 9.5 of ProLaw, an integrated practice management suite for small and medium-sized firms, in December. The latest version of ProLaw includes feature enhancements throughout its Front...

Public relations dept. of Bar Assn. of Erie County produces monthly "Bulletin".
November 24, 2003... Byline: Robbi Hess In our continuing coverage of the individuals who work behind the scenes at the Bar Association of Erie County, this week we are focusing on the public relations department which is responsible for the monthly Bulletin....

Adoption officially completed on National Adoption Day.
November 25, 2003... Byline: Nora A. Jones ***** CORRECTION: In Tuesday's edition of The Daily Record, a front page story about National Adoption Day included a quote from Monroe County Family Court Judge Gail Donofrio. It is with sincere apology that we...

Special Investigations Unit saves Excellus premium dollars.
November 25, 2003... Byline: Staff Excellus BlueCross BlueShield, working with local regional and national law enforcement and regulatory agencies, has recovered more than $7.5 million on behalf of its members during the past 18 months through its fraud...

NY Court of Appeals lists September-October filings.
November 25, 2003... 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...

Arbitrator's award doesn't violate public policy.
November 25, 2003... Byline: Jill Miller Did an arbitrator err when she determined that the Board of Education of the City of New York arbitrarily selected teachers for an after-school program and ordered the board to provide a position to a qualified...

Employment discrimination claims ruled 'time barred'.
November 25, 2003... Byline: Robbi Hess Were the plaintiff's complaints of discrimination filed in a timely manner? This was the main question before the U.S. District Court of the Western District of New York in Walter Crenshaw v. Eastman Kodak Co. ...

Generosity shines in first days of legal fundraiser.
November 25, 2003... Byline: Nora A. Jones Surpassing expectations, the 2003 Campaign for Justice phon-a-thon wound up three nights of effort with approximately $116,000 in pledges logged against a $210,000 goal. "There's still lots of work ahead of us as...

Hodgson Russ partners active in Bar Assn. of Erie County committees.
November 26, 2003... Byline: Staff Garry Graber, Mary Catherine Malley and Jeffrey Stone - all three partners at Hodgson Russ - will serve as committee chairs for the 2003-04 Bar Association of Erie County membership year. Heading up the BAEC By-Laws...

New administrative judge of Suffolk County Courts named.
November 26, 2003... Byline: Staff Judge H. Patrick Leis, III has been named administrative judge of Suffolk County Courts. Judge Leis was elected to the Supreme Court in 1995 and has handled a variety of cases on that bench, including matrimonial and...