Daily Record (Rochester, NY) articles from November 2004

Daily Record (Rochester, NY) archives from November 2004

Refusal to renew physician's contract not deemed a violation of Public Health Law.
November 1, 2004... Byline: Kevin M. Momot Where the plaintiff alleged the defendant violated Public Health Law (PHL) based on its refusal to renew his contract, PHL s. 4406-d(5)(b) was determined to be inapplicable, and the application of PHL s. 4406-d(2),...

Harassment and contempt charges dismissed.
November 1, 2004... Byline: Jill Miller A Webster Town Court judge concluded a complaint and supporting deposition failed to allege the defendant's telephone call to his ex-girlfriend lacked a legitimate purpose and the defendant's statements to his...

Greg Gumbel delivers humorous keynote at Compeer's luncheon.
November 1, 2004... Byline: Jill Miller Greg Gumbel, host of CBS' show The NFL Today shared a few observations and humorous stories from his 30 year career as a sports broadcaster during Compeer's annual luncheon on Tuesday, Oct. 26. Approximately 1,000...

Joseph Mistrett officially appointed as WNY Federal Public Defender.
November 1, 2004... Byline: Nora A. Jones About a year ago, Bill Clauss publicly acknowledged he would not seek reappointment as the Federal Public Defender in Western New York. Following that announcement, the government posted the position and put...

New York State Court of Appeals lists filings for Sept. 24-30, 2004.
November 1, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Bar Assn. of Erie County Volunteer Lawyers Project to hold annual reception.
November 1, 2004... Byline: Staff The Bar Association of Erie County Volunteer Lawyers Project (VLP) will hold its 12th Annual Volunteer Recognition Reception from 5 to 7:30 p.m. on Tuesday, Nov. 30 in the Georgian Room on the mezzanine level of the Statler...

False arrest, excessive force claims dismissed.
November 2, 2004... Byline: Helen Nguyen Finding the Town of Greece and the Greece Police Department were not directly liable for the actions of their police officers, the U.S. District Court for the Western District of New York granted summary judgment to...

Inmate allowed to divorce incarcerated husband.
November 2, 2004... Byline: Jill Miller The plaintiff's cause of action for divorce accrued on the date the defendant completed his third consecutive year in prison, however the statute of limitations does not begin to run until the date the defendant is...

Ontario County Bar entertains appellate judges, court staff.
November 2, 2004... Byline: Nora A. Jones For the first time in 108 years, the New York State Supreme Court, Appellate Division, Fourth Department was scheduled to hear cases in the Ontario County Courthouse in Canandaigua on Oct. 28. Members of the local bar...

Media exaggerates million dollar lawsuit awards.
November 2, 2004... Byline: Staff Media accounts of million-dollar awards in employment discrimination lawsuits have created an exaggerated perception of how often and how much plaintiffs win, according to a recently published American Bar Foundation study....

Rochester Legal Briefs November 2, 2004.
November 2, 2004... Byline: Jill Miller Motion Denied A motion to reduce or dismiss the indictment is denied. The defendant is charged with Robbery in the First Degree, Burglary in the First Degree and Criminal Mischief in the Third Degree. ...

Bankruptcy Court for Western District of NY denies confirmation of reorganization plan.
November 3, 2004... Byline: Nora A. Jones Upon careful review of the debtor's proposed Chapter 11 reorganization plan, the U.S. Bankruptcy Court for the Western District of New York determined the Equity Committee's objections to the plan in In re Bush...

Legal malpractice action survives summary judgment.
November 3, 2004... Byline: Jill Miller Concluding triable issues of fact surround the plaintiff's original lawsuit, a New York State Supreme Court judge denied the defendant's motion for summary judgment in a legal malpractice action. In Marjorie...

NY State chief administrative judge shares insights into issues affecting court system.
November 3, 2004... Byline: Jill Miller New York State Chief Administrative Judge Jonathan Lippman provided an overview on issues affecting the profession and the court system during the Monroe County Bar Association's recent Speakers Forum. Judge Lippman...

NY State Court of Appeals lists new filings for Oct. 1-14, 2004.
November 3, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Amendments made to Federal Rules of Bankruptcy Procedure.
November 3, 2004... Byline: Staff Synopsis of Amendments to the Federal Rules of Bankruptcy Procedure: Rule 1011 (Responsive pleading or motion in involuntary and ancillary cases) a technical amendment that deletes cross-reference to Bankruptcy Rule...

Motion for default judgment denied in collective bargaining agreement suit.
November 4, 2004... Byline: Helen Nguyen Finding the plaintiffs failed to provide sufficient evidence to support their claims that the defendant violated a collective bargaining agreement (CBA), the U.S. District Court for the Western District of New York...

Request to amend answer granted in part.
November 4, 2004... Byline: Jill Miller A New York State Supreme Court, Monroe County, judge has denied a police officer's request to amend an answer to assert a defense of governmental immunity. However, the judge granted a second defendant's request to...

Judge Ann Marie Taddeo elected to NY State Supreme Court bench.
November 4, 2004... Byline: Staff Despite receiving a "not qualified" rating from the Monroe County Bar Association, former Monroe County Family Court Judge Ann Marie Taddeo was elected to the New York State Supreme Court bench in Tuesday's general election....

Ontario County latest stop for 'Have Gavel, Will Travel' program.
November 4, 2004... Byline: Nora A. Jones Bringing both a continuing legal education program and one day's appellate calendar to Ontario County, the New York State Supreme Court, Appellate Division, Fourth Department completed its most recent stop on the...

Plaintiff's equal protection claim stays alive.
November 5, 2004... Byline: Helen Nguyen Where the plaintiff, Bruce Bullock, accused six New York State Department of Environmental Conservation (DEC) employees of violating his equal protection and due process rights, the U.S. District Court for the Western...

Judge grants motion to dismiss indictment on weapons charge.
November 5, 2004... Byline: Jill Miller A Monroe County Court judge has dismissed an indictment on the grounds the prosecution failed to offer proof that the type of weapon involved in the crime fell within the definition of an "assault weapon." In...

Monroe County Bar Assn. wants updated information for attorney, court directory.
November 5, 2004... Byline: Staff Have you changed your e-mail address since November 2003? Did your office relocate? Did you change employers? Has your law firm name or phone number changed? If you answered yes to any of the above questions, then you...

NY State Court of Appeals lists filings for October 8-14, 2004.
November 5, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Judge Ogden of Buffalo named Woman Lawyer of the Year.
November 5, 2004... Byline: Staff The Women Lawyers of Western New York have selected Buffalo City Court Judge E. Jeannette Ogden as the Woman Lawyer of the Year. Judge Ogden will be honored by the group at its annual holiday luncheon on Dec. 9 at the Hyatt...

Women's Bar Association of the State of NY to present '8 Minute Mentoring' session.
November 5, 2004... Byline: Staff The Women's Bar Association of the State of New York, Western New York Chapter, will present a program titled "8 Minute Mentoring" from 4 to 5:30 p.m. on Thursday, Nov. 11 at the University at Buffalo Law School Faculty...

Patent infringement claims focus of motion for voluntary dismissal of complaint in federal court.
November 8, 2004... Byline: Helen Nguyen In recommending that the plaintiff's motion for voluntary dismissal of the complaint be granted "without prejudice," U.S. District Court Magistrate Judge Marian Payson determined the plaintiff, who is suing for patent...

Medical malpractice action against two doctors survives in NY State Supreme Court.
November 8, 2004... Byline: Jill Miller In a medical malpractice action, a New York State Supreme Court judge granted summary judgment to defendant doctors who were not directly responsible for making treatment decisions for the plaintiff-defendant. However,...

Rochester law firm of Fix Spindelman holds reception to celebrate new headquarters.
November 8, 2004... Byline: Kevin M. Momot Fix Spindelman Brovitz & Goldman, P.C., Rochester's oldest law firm, has relocated its primary offices to the Woodcliff Office Park in Fairport. Although the move was effective as of May 24, a reception was held...

Malicious prosecution claim in murder case survives.
November 9, 2004... Byline: Helen Nguyen Finding a New York State police officer's fabrication of evidence in a murder case raised issues regarding whether the police had probable cause to arrest the claimant, Shirley Turner Kinge, the New York State Court of...

Defense cannot concede guilt without consent.
November 9, 2004... Byline: Jill Miller Defense counsel cannot concede guilt to a lesser charge without the defendant's consent. This was the finding of Rochester City Court Judge Stephen Lindley in People v. Jack Washington. The defendant was charged...

Judge Pigott Welcomes NY State Assn. of Disciplinary Attorneys to Fourth Department.
November 9, 2004... Byline: Staff On Friday, Oct. 22, New York State Supreme Court, Appellate Division, Fourth Department Presiding Judge Eugene F. Pigott, Jr. provided welcoming remarks at a luncheon for the annual meeting of the New York State Association...

NY-based Nixon Peabody nationally ranked among top law firms in Private Equity.
November 9, 2004... Byline: Staff Nixon Peabody LLP was ranked sixth by Private Equity Analyst among national law firms for the number of private equity and venture capital funds (103) negotiated or structured on behalf of general or limited partners in 2003....

Clerk's office has ability to provide.
November 9, 2004... Byline: Staff The implementation of CM/ECF gives the clerk's office the ability to provide registered e-filers with electronic notice through e-mail. The additional notice provided in paper through the Bankruptcy Noticing Center (BNC) is...

Labor Law s. 241(6) claim reinstated by appellate court.
November 10, 2004... Byline: Kevin M. Momot Where the plaintiff brought claims under Labor Law s.s. 200, 240(1) and 241(6) - in addition to a common-law negligence cause of action - for injuries sustained from a fall, there was a triable issue of fact...

Motion for summary judgment granted in part in right of first refusal suit.
November 10, 2004... Byline: Jill Miller In a case involving an alleged violation of a right of first refusal and claims of ownership by way of prescriptive easement, a New York State Supreme Court, Seneca County judge granted the defendants' motion for...

Monroe County Bar Assn. Legal Services Luncheon set for Nov. 15.
November 10, 2004... Byline: Jill Miller Attorneys who have dedicated their careers to representing the community's neediest members will be the guests of honor at the Legal Services Luncheon. The luncheon, hosted by the Monroe County Bar Association, is...

Merger of NY-based nonprofit legal groups driven by client service.
November 10, 2004... Byline: Nora A. Jones With the vision of providing better service and more far-reaching results, the non-profit legal groups known as Greater Upstate Law Project (GULP) and Public Interest Law Office Of Rochester (PILOR) have merged,...

Debtor's conveyance of real property deemed fraudulent.
November 12, 2004... Byline: Kevin M. Momot Where the debtor conveyed an interest in real property prior to initiating a chapter 7 bankruptcy proceeding, the conveyance was determined to be executed with actual intent to hinder, delay and defraud creditors in...

Parental neglect requires more than witnessing violence.
November 12, 2004... Byline: Jill Miller In a federal class action suit, the U.S. District Court called upon the New York State Court of Appeals to answer three questions centered on the state's statutory scheme for child protective proceedings in cases...

Monroe County District Attorney, law enforcement personnel run New York City Marathon.
November 12, 2004... Byline: Staff Monroe County District Attorney Michael Green won the Michael Boyle Memorial Trophy finishing first out of a group of Rochester law enforcement and fire personnel in the New York City Marathon, sponsored by the New York Apple...

New York District Court found to be proper forum for infringement case.
November 15, 2004... Byline: Helen Nguyen Where the plaintiffs instituted an action in the U.S. District Court for the Western District of New York for a declaratory judgment stating they were not infringing on any of the defendant's copyrights, the court...

Pre-Miranda statements deemed admissible.
November 15, 2004... Byline: Jill Miller The initial pre-Miranda warning questions posed to the defendant by an investigator were asked in order to establish the defendant's well being and to determine whether the defendant was a victim, witness or suspect....

Death penalty topic of book review by former DA.
November 15, 2004... Byline: Nora A. Jones Scott Turow is best known for the courtroom suspense generated by his best-selling novels such as Presumed Innocent, Guilty as Charged and Reversible Error. However, since Turow is a practicing attorney who served on...

NY State Bar Assn. launches radio campaign.
November 15, 2004... Byline: Staff The New York State Bar Association is launching the fifth in a series of statewide radio campaigns providing information designed to inform New Yorker's about their legal rights and how the law affects them in everyday...

Judge Ann T. Mikoll receives 2004 Jaeckle Award.
November 15, 2004... Byline: Fred Petersen Former New York State Supreme Court, Appellate Division, Third Department Judge Ann T. Mikoll was presented with the 2004 Edwin F. Jaeckle Award by the University at Buffalo Law School and the UB Law Alumni...

New law firm opens its doors in Rochester.
November 15, 2004... Byline: Staff David R. Pfalzgraf, Charles W. Beinhauer and Laurie L. Menzies formed a new law partnership with a combined 60 years of experience in elder law and estate planning and administration. Pfalzgraf, Beinhauer & Menzies LLP...

Nat'l Assn. for Law Placement releases survey of associate attorney compensation.
November 16, 2004... Byline: Staff The National Association for Law Placement has completed its 10th annual survey of associate compensation with the 2004 Associate Salary Survey report. Approximately 600 law offices provided salary information. With 18...

Rochester-area home sales continue to cool in Autumn.
November 16, 2004... Byline: Jill Miller Sales of existing single-family homes dropped 12 percent in October. According to the Greater Rochester Association for Realtors (GRAR) 1,147 homes were sold last month, down from 1,304 sold in September. October...

US District Court for W. District of NY rules Time-Warner not entitled to attorney's fees.
November 16, 2004... Byline: Helen Nguyen Despite an earlier ruling in which it granted Time-Warner Cable's motion for summary judgment in a dispute involving the collection of certain franchise fees from the City of Rochester and the towns of Gates,...

Watertown City Court judge denies motion to vacate satisfaction of judgment.
November 16, 2004... Byline: Jill Miller An attorney who mistakenly filed a satisfaction of judgment is not entitled to a vacation of that judgment on the grounds public policy requires a court to uphold the integrity and reliability of public records....

Monroe County Bar Center to host divorce education program.
November 16, 2004... Byline: Staff The Monroe County Bar Center for Education will present a program on divorce education for the public from 9 a.m. to 12:30 p.m. on Saturday, Dec. 4. This program will provide general information about divorce law and...

U.S. Court of Appeals for the Second Circuit upholds evidence found during search.
November 17, 2004... Byline: Fred Petersen Where the defendant was convicted of possession of cocaine with intent to distribute and possession of ammunition by a career criminal, the U.S. Court of Appeals for the Second Circuit held his conviction should be...

Respondents' conditions irrelevant to NY's State Environmental Quality Review Act process.
November 17, 2004... Byline: Jill Miller The petitioner's attempt to develop a parcel of land in the Town of Perinton once again found its way back into the court system and was the focus of a recent case before New York State Supreme Court Judge Andrew...

NY's Monroe Title Insurance declares dividend, releases third quarter results.
November 17, 2004... Byline: Staff Monroe Title Insurance Corp. declared a quarterly dividend of 5 cents per share payable to shareholders of record as of Nov. 4. Monroe also released its third quarter 2004 results. Revenues for the third quarter 2004...

NY's St. John Fisher College honors Thomas Trevett.
November 17, 2004... Byline: Staff At a reception this evening, St. John Fisher College will present its third annual Justinian Medal to Thomas Trevett. Trevett, a partner at Trevett, Lenweaver & Salzer, is a 1964 graduate of St. John Fisher College. The...

NY Supreme Court finds college student entitled to supplementary uninsured motorist coverage.
November 17, 2004... Byline: Helen Nguyen A college student's "residency" at his or her parent's home is not automatically given up just because the student lives off campus while at college. This was the finding of New York Supreme Court, Erie County...

Erie County Bar Assn. to present continuing legal ed. program on language of injury, medical tech.
November 17, 2004... Byline: Staff A new client comes into your office to discuss a back injury resulting from an auto accident. The client has already seen several medical specialists. He talks about the results from an orthopedic test performed by his care...

Monroe County Bar Assn. presenting program on stalking in the workplace.
November 17, 2004... Byline: Staff Stalking goes beyond criminal and family law and impacts the workplace more than most think. Corporate, labor and employment law attorneys must be able to advise clients on minimizing their liability. Injury, lost time and...

Evidence of prior drug sale 'harmless', NY court rules.
November 18, 2004... Byline: Helen Nguyen In a case where a jury found the petitioner, Douglas Little, guilty of criminal sale of a controlled substance, the U.S. District Court for the Western District of New York determined despite the trial court's error in...

Defendant challenges counselor testimony in NY Supreme Court hearing.
November 18, 2004... Byline: Jill Miller Where the defendant allegedly violated the terms of his probation, a counselor's testimony regarding the defendant's sex offender treatment information is not barred by HIPAA or CPLR s. 4504. In People v. Ryan...

Monroe County Bar Assn. recognizes legal service providers, volunteers.
November 18, 2004... Byline: Nora A. Jones Ideals of helping others and ambition to make a difference are frequently cited as key motivations in law school admission applications. Luckily, many law graduates not only act on those objectives, but make a...

Monroe County Family Court hosts National Adoption Day ceremony Friday.
November 18, 2004... Byline: Staff Monroe County Family Court is hosting a National Adoption Day 2004 Ceremony on Nov. 19. The event is set for 9:15 to 10:30 a.m. in courtroom 303 at the Hall of Justice. Judges Gail Donofrio and Marilyn O'Connor are the...

Plaintiff's request for documents from Clerk of the City of Niagara Falls denied.
November 19, 2004... Byline: Helen Nguyen In a case where the plaintiff requested documents from the Clerk of the City of Niagara Falls under New York's Freedom of Information Law (FOIL), the U.S. District Court for the Western District of New York determined...

NY doctor's aiding, abetting conviction stands.
November 19, 2004... Byline: Jill Miller A licensed physician can be prosecuted under Education Law s. 6512(1) for aiding and abetting an unauthorized individual in the unlawful practice of medicine. This was the finding of New York State's highest court...

Rochester's Campaign for Justice benefits three legal services programs.
November 19, 2004... Byline: Nora A. Jones The offices of Ward, Norris, Heller & Reidy, LLP were buzzing with activity three nights this week as dozens of volunteers spent their evenings telephoning colleagues in the legal community for pledges in the annual...

Rochester-area Attorneys included in 'The Best Lawyers in America'.
November 19, 2004... Byline: Staff Over 100 local attorneys were listed in the 2005-2006 edition of The Best Lawyers in America, a reference guide to the legal profession in the United States listing top attorneys as chosen by their peers. Published...

NY State Court of Appeals Lists filings for October 22-28, 2004.
November 19, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Plaintiff's personal injury claim reinstated by N.Y. Appellate Court.
November 22, 2004... Byline: Kevin M. Momot Where the plaintiff commenced an action seeking damages for injuries allegedly sustained from a slip and fall on ice outside a building owned and operated by the defendants, there was a triable issue of fact as to...

N.Y. Court of Appeals dismisses racial discrimination lawsuit.
November 22, 2004... Byline: Jill Miller Noting that not every dispute between people of difference races constitutes employment discrimination, the New York State Court of Appeals affirmed an order dismissing the plaintiff's discrimination lawsuit. In...

New York state bar exam results for July 2004 released.
November 22, 2004... Byline: New York Daily Record Staff The New York State Board of Law Examiners completed grading the bar examination taken on July 27 and 28. Of the 9,555 applicants that took the exam, 6,448 passed. Of the 7,859 applicants taking the...

Public hearing on solo, small firm practice set for Jan. 13.
November 22, 2004... Byline: New York Daily Record Staff The Commission to Examine Solo and Small Firm Practice will hold a public hearing in Rochester on Jan. 13, 2005. The hearing is set for 11 a.m. to 4:30 p.m. in Monroe County, Supreme Court, courtroom...

Federal court grants motion to vacate default judgment.
November 23, 2004... Byline: Helen Nguyen Even though a correctional officer failed to answer an inmate's complaint within the required time period, the U.S. District Court for the Western District of New York granted the officer's motion to vacate the default...

NY State Supreme Court judge grants petition to disqualify local law firm.
November 23, 2004... Byline: Jill Miller A New York State Supreme Court judge granted the petitioner's motion to disqualify a law firm from representing the respondents in an action the petitioner filed after he was terminated from his positions within the...

Appellate Division, Fourth Department suspends two.
November 23, 2004... Byline: Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter Of Douglas E. Rowe, A Suspended Attorney, Respondent. Grievance Committee Of The Seventh...

Settlement in Global Crossing 401(k) cases approved.
November 23, 2004... Byline: Staff A federal district judge has signed an order approving the settlement of the Global Crossing employee 401(k) cases and the Global Crossing severance case. Judge Gerald Lynch's order is a final decision in the settlement...

NY State Court of Appeals lists filings for Oct. 29-Nov. 4, 2004.
November 23, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

NY Supreme Court reinstates legal malpractice action.
November 24, 2004... Byline: Helen Nguyen Finding the plaintiff filed his legal malpractice action within the required three-year time period, the New York Supreme Court, Appellate Division, Fourth Department reversed a decision by Supreme Court, Erie County,...

Judgment against tortfeasor needed before suing insurance co.
November 24, 2004... Byline: Jill Miller An injured party cannot bring a declaratory judgment action against an insurance company before securing a judgment against the tortfeasor. This was the finding of the New York State Court of Appeals in David Lang...

Continuing legal ed. program provides insights into dealing with victims, stalkers.
November 24, 2004... Byline: Nora A. Jones In 80 percent of stalking cases, the victim is female. In 23 percent of stalking cases, the stalker is a stranger. Contemplating the flip side of those statistics, many are surprised to learn that 20 percent of...

Retirement party for NY State Supreme Court Judge Andrew V. Siracuse set for Dec. 6.
November 24, 2004... Byline: Staff The bar and public are invited to attend a dinner in celebration of the career of New York State Supreme Court Judge Andrew V. Siracuse. The reception begins at 6 p.m. on Monday, Dec. 6 at Midvale Golf and Country Club,...

Order of filiation and support upheld by Appellate Division, Fourth Department.
November 29, 2004... Byline: Kevin M. Momot Where the petitioner sought to vacate an order of filiation and support entered in 1994 based on alleged newly discovered evidence disputing paternity, the evidence was not sufficient to indicate there would have...

Preretirement death benefits not automatically included in judgment of divorce And QDRO.
November 29, 2004... Byline: Jill Miller According to the New York State Court of Appeals, a judgment of divorce and qualified domestic relations order awarding an interest in a husband's pension plan do not automatically include preretirement death benefits...

New executive assistant for Eighth Judicial District named.
November 29, 2004... Byline: Staff Andrew B. Isenberg has been appointed the executive assistant for the Eight Judicial District. He will assume the position in December, replacing Harry Brand, who retired this year after 36 years in the court system....