Daily Record (Rochester, NY) articles from November 2005

Daily Record (Rochester, NY) archives from November 2005

N.Y. State Supreme Court rules murder suspect's statements admissible.
November 1, 2005... Byline: Sarah M. Feingold Where the defendant was accused of two counts of murder and one count of assault, he moved to suppress various statements made to the police and a caseworker. Reviewing the facts in People v. David M. Zacher,...

Monroe County Bar Assn.'s Fall SideBAR event brings attorneys together.
November 1, 2005... Byline: Nora A. Jones Giuseppe Scungili & The Screamin' Seagull Review was the featured entertainment at the Oct. 26 SideBAR event hosted by the Monroe County Bar Association. The nine-piece band covered a wide range of tunes including...

U.S. Court of Appeals, Second Circuit adopts interim rules relating to briefs in digital format.
November 1, 2005... Byline: Daily Record Staff The U.S. Court of Appeals for the Second Circuit adopted interim local rules requiring the use of digital briefs in counseled cases and limiting paper filing to one unbound copy. The rules will take effect on...

U.S. District Court for Western District of NY denies petitioner's motion for resentencing.
November 2, 2005... Byline: Helen Nguyen In a case where the petitioner pleaded guilty to a drug-related charge, the U.S. District Court for the Western District of New York denied the petitioner's motion to vacate or correct his sentence of 169 months of...

Rochester Drug Treatment Court holds graduation ceremony.
November 2, 2005... Byline: Sarah M. Feingold On Friday, Oct. 28, cheers erupted in courtroom number seven in the Hall of Justice. At the 24th Rochester Drug Treatment Court graduation ceremony, Rochester City Court Judge John R. Schwartz announced that...

Drafter of federal uniformed services employment act to speak at Monroe County Bar.
November 2, 2005... Byline: Daily Record Staff Captain Samuel Wright, who, with another attorney from the U.S. Dept. of Labor, was largely responsible for drafting the Uniformed Services Employment and Re-employment Rights Act (USERRA), will be in Rochester...

U.S. Bankruptcy Court, Western District of NY denies attorney's fees in bankruptcy case.
November 3, 2005... Byline: Sarah M. Feingold In a Chapter 13 proceeding, the trustee asked that attorney's fees be reduced. The debtor applied for additional fees. Reviewing the facts in In re Walter & Geneva Johnson, U.S. Bankruptcy Court, Western...

NY State Trial Lawyers Association affiliate honors Judge Evelyn Frazee.
November 3, 2005... Byline: Nora A. Jones With specific acknowledgement of "her compassion, dedication, and commitment to judicial administration," New York State Supreme Court Judge Evelyn Frazee was the recipient of the New York State Trial Lawyers...

Nazareth College president to speak at Monroe County Bar Assn.'s legal service awards luncheon.
November 3, 2005... Byline: Daily Record Staff The Monroe County Bar Association will host its second annual luncheon to honor dedicated legal service providers in the Greater Rochester community at noon on Wednesday, Nov. 9 at the Crowne Plaza Hotel....

New York State Court of Appeals lists filings for October 7-13, 2005.
November 3, 2005... 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...

Police roadblock found unconstitutional.
November 4, 2005... Byline: Sarah M. Feingold Where the defendant was arrested for Driving While Intoxicated after being stopped at a roadblock, he asserted that the stop was in violation of his constitutional rights. Reviewing the facts in People v....

Plaintiffs' motion for class certification denied.
November 4, 2005... Byline: Helen Nguyen In Diaz, et al. v. Electronics Boutique of America, Inc., the plaintiffs sought class certification for their state claims in which they alleged their former employer intentionally failed to pay its store employees...

McCall Staffing receives national ethics award.
November 4, 2005... Byline: Daily Record Staff The National Association of Personnel Services (NAPS) recently recognized Jennifer McCall-LaSalle, President of McCall Staffing Associates, Ltd., with the Norbert I.B. Fried Ethics Award at its National...

Rochester City Court finds DWI foundational documents admissible.
November 7, 2005... Byline: Helen Nguyen Since the U.S. Supreme Court's ruling in Crawford v. Washington, 541 US 36 (2004), courts have been required to determine whether an out-of-court statement or document is "testimonial" or "non-testimonial" when faced...

NY State Supreme Court, Monroe County judge denies area variance for adult bookstore.
November 7, 2005... Byline: Sarah M. Feingold Where a property owner requested an area variance in order to build an adult bookstore in a residential area, he sought an annulment of the zoning board's denial. The court examined whether the board's decision...

21st annual Campaign for Justice to support Monroe County free legal services kicks off.
November 7, 2005... Byline: Daily Record Staff The 21st annual Campaign for Justice, the legal community's fund drive to support Monroe County free legal services for the poor, will kick off on Nov. 15, 16 and 17. More than 100 volunteers will call lawyers...

Federal immigration attorney uses his legal and musical talent to make records.
November 7, 2005... Byline: Nora A. Jones In 1979, Steve Connelly became the drummer for the Western New York band "Switch," joining his brother John Connelly, who founded the group. His brother and friends had started the band a few years earlier, largely...

NY State Court of Appeals determines vehicle search went beyond scope of defendant's consent.
November 8, 2005... Byline: Helen Nguyen In a case where the police discovered seven bags of cocaine after searching the defendant's vehicle, the New York State Court of Appeals determined the police's search "exceeded the scope" of the general consent that...

Monroe County court grants in part a motion to suppress statements.
November 8, 2005... Byline: Sarah M. Feingold Where the defendant moved to suppress numerous statements, the court granted in part and otherwise denied this motion. Reviewing the facts in People v. Martin Padgett, Acting Monroe County Court Judge Stephen...

Great turnout for Monroe County Bar Assn. flu shot clinic.
November 8, 2005... Byline: Nora A. Jones Monroe County Bar Association members and staff kept two nurses from the Community Nursing Center busy during the annual flu shot clinic held at the MCBA office on Friday, Nov. 4. "We were delighted that 145...

New bankruptcy law ignores underlying causes of debt.
November 8, 2005... Byline: Daily Record Staff If we closed half of the hospitals in this country, would we say that there are fewer sick people, or that fewer people who are sick are being treated? The new Bankruptcy Abuse Prevention and Consumer...

Monroe County District Attorney challenges ruling of town court judge.
November 9, 2005... Byline: Sarah M. Feingold Where the Monroe County District Attorney sought declaratory relief from a judge's decision to preclude the use of certified breath documents in a DWI case, the issue was whether declaratory relief was...

U.S. Bankruptcy Court denies motion for dismissal of Chapter 7 cases.
November 9, 2005... Byline: Kevin M. Momot Where the debtors moved to dismiss their Chapter 7 cases in order to file new petitions in an attempt to take advantage of the enhanced homestead exemption, U.S. Bankruptcy Court Judge Carl L. Bucki denied their...

Seminar will review legal requirements for e-mail archiving and retrieval.
November 9, 2005... Byline: Nora A. Jones Free lunch and an opportunity to network with compliance officers and legal counsel are just two reasons to check your availability to attend a seminar on Wednesday, Nov. 16. The truly compelling reason to reserve a...

NY State Bar Association launches radio campaign.
November 9, 2005... Byline: Daily Record Staff The New York State Bar Association unveiled a new radio campaign to address three law-related issues: the misconception that more lawsuits are being filed than ever before; the importance of the constitution as a...

New exhibit celebrates the 40th Anniversary of the Voting Rights Act of 1965.
November 9, 2005... Byline: Daily Record Staff Over 40 years ago, President Lyndon Baines Johnson signed the Voting Rights Act of 1965. In commemoration of the 40th anniversary of the Voting Rights Act, The Center For the Study of Civil and Human Rights Laws...

Yates County Court judge rules defendant's taped statements were admissible.
November 10, 2005... Byline: Sarah M. Feingold Where an investigator contacted the defendant to answer specific questions, and conversation was recorded without the defendant's knowledge, the defendant moved to suppress the audio-taped statements. ...

Rochester's Campaign for Justice cabinet meets to launch 2005 fund drive.
November 10, 2005... Byline: Nora A. Jones When poverty makes day-to-day living a challenge, Rochester's poorest residents become extremely stressed when legal issues related to eviction, divorce, child custody, death or disability complicate their lives....

Plaintiff's breach of contract claim survives in U.S. District Court, Western District of NY.
November 14, 2005... Byline: Sarah M. Feingold Where the plaintiff's complaint alleged breach of contract, negligence, fraud and unjust enrichment, the court examined the complaint to see if there were facts to support each cause of action. Reviewing the...

Retaliation claims dismissed by U.S. District Court for Western District of NY.
November 14, 2005... Byline: Helen Nguyen In a case where the plaintiff alleged the defendants gave her negative evaluations in order to prevent her from obtaining other employment, the U.S. District Court for the Western District of New York determined there...

New York State Court of Appeals lists filings for Oct. 14-20, 2005.
November 14, 2005... 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...

Legal services luncheon recognizes Rochester's dedicated leaders and professionals.
November 15, 2005... Byline: Nora A. Jones James R. Boyle, Charles F. Crimi and William E. McKnight each contributed legendary talent and untiring commitment to the Rochester legal community. To help remember these local legends, the Monroe County Bar...

NBA legend Bill Walton headlines Compeer Sports Luncheon in Rochester.
November 15, 2005... Byline: Sarah M. Feingold Basketball legend Bill Walton was the special guest at the 16th annual Compeer Sports Luncheon on Wednesday, Nov. 9 at the Rochester Riverside Convention Center. Approximately 1,000 people attended the event...

American Bar Association issues new pro bono resource guide.
November 15, 2005... Byline: Daily Record Staff Most lawyers want to do more public service, as evidenced by the thousands volunteering to help victims of this year's hurricanes. Balancing work responsibilities with the desire to volunteer can be difficult,...

Greater Rochester Association of Realtors reports average home sales up since last October.
November 15, 2005... Byline: Sarah M. Feingold According to the Greater Rochester Association of Realtors, year-to-date existing single-family home sales are up 4.4 percent compared to 2004, and are down 6.6 percent compared to last month. The average sale...

Motion to add emotional distress claim denied.
November 16, 2005... Byline: Helen Nguyen In a case where a rock band used a video recording of the plaintiff in the band's promotional DVD, U.S. Magistrate Judge Marian Payson recommended that the plaintiff's motion to add a claim for intentional infliction...

N.Y.C. Civil Court, Kings County rules Service of Notice on Jewish holiday was insufficient.
November 16, 2005... Byline: Sarah M. Feingold Where the respondent observed Jewish holidays and the petitioner attempted to serve the respondent with a Notice of Termination on three separate occasions, each on a Jewish holiday, the respondent claimed the...

District Court holds naturalization ceremony, honors U.S. Marine Corps.
November 16, 2005... Byline: Helen Nguyen Nov. 10th was a special and memorable day for 46 individuals who became U.S. citizens at a special ceremony held at the Federal Building. The day also marked the 230th birthday of the Marine Corps. U.S. Bankruptcy...

N.Y. organizations offering free CLE credit to learn about pending sex offender legislation.
November 16, 2005... Byline: Daily Record Staff In New York State, there are bills currently pending in the Legislature to create post-sentence civil commitments for certain sex offenders under some circumstances. In addition, the proposed legislation seeks...

N.Y. State Bar Association opposes federal legislation.
November 16, 2005... Byline: Daily Record Staff The New York State Bar Association House of Delegates recently voted to oppose two pieces of legislation now pending before Congress: one focuses on lawsuit reduction and the other modifies or limits the writ of...

NY State Court of Appeals denies attorneys' fees in FOIL case.
November 17, 2005... Byline: Helen Nguyen In a recent decision by the New York State Court of Appeals, the state's highest court concluded the petitioners were not entitled to attorneys' fees for documents and records that they sought under the Freedom of...

Ontario County Court Judge James R. Harvey retires.
November 17, 2005... Byline: Sarah M. Feingold Ontario County Court Judge James R. Harvey decided to retire after 16 years on the bench. According to his secretary, the effective date of Harvey's retirement was Nov. 14. Ontario County Court Judge Craig J....

Rochester Legal Briefs: November 17, 2005.
November 17, 2005... Byline: Daily Record Staff In Appellate Division, Fourth Department decisions on criminal law released in November, the Fourth Department addressed issues such as challenges for cause in jury selection. CRIMINAL DECISIONS Jury...

Suspension of visitation in child's best interests.
November 18, 2005... Byline: Sarah M. Feingold Where the Monroe County Dept. of Human Services (DHS) requested it be excused from providing reasonable efforts to assist in the reunification of a mother and her child in foster care, the court examined whether...

Monroe County Bar Association unveils 'wall of presidents'.
November 18, 2005... Byline: Sarah M. Feingold On Monday, Nov. 14 the Monroe County Bar Association held its first Past Presidents Luncheon in the new board room since it moved from the fifth to the 10th floor. Over 20 MCBA past presidents attended the...

Rochester Legal Briefs: November 18, 2005.
November 18, 2005... Byline: Daily Record Staff The Appellate Division, Fourth Department's November decisions reviewed various issues relating to municipalities, including termination from employment and bingo. Police Employment - Special, Part-Time Or...

N.Y. State COA rules care provider required notice regarding Medicaid dispute.
November 21, 2005... Byline: Kevin M. Momot Where a home health care provider brought a CPLR article 78 proceeding challenging the New York State Dept. of Health's withholding of Medicaid funds, the issue was whether the provider was entitled to notice and an...

N.Y. State Supreme Court rules judge was not entitled to receive full pension.
November 21, 2005... Byline: Sarah M. Feingold The petitioner requested a waiver in order to permit him to simultaneously receive both his full pension and his judicial salary. His earnings were limited and once his earnings reached the specified limit, his...

Federal courts seek congressional action on additional judgements.
November 21, 2005... Byline: Daily Record Staff Federal courts, coping with caseloads that "increased fairly relentlessly" over the last 15 years, need 68 new judgeships so they can continue serving justice properly, according to the Federal Judiciary. ...

Over 10,000 take latest N.Y. State Bar Exam.
November 21, 2005... Byline: Daily Record Staff The New York State Board of Bar Examiners has completed grading the papers from the July Bar examination. Of note, 10,171 candidates sat for the Bar exam - the highest number of test takers to date. Pass...

Rochester Legal Briefs: November 21, 2005.
November 21, 2005... Byline: Daily Record Staff In decisions by the Appellate Division, Fourth Department, the issues addressed included attorney fees in a Monroe County divorce suit and whether summary judgment was proper in a legal malpractice lawsuit filed...

Rochester's Campaign for Justice fundraiser generates over $100,000 in pledges.
November 22, 2005... Byline: Nora A. Jones Although it is getting more and more difficult to reach people by telephone during the evening "phonathon" initiative, the Campaign for Justice volunteer callers tallied $63,507 in pledges the first night, Tuesday,...

Syracuse Law School clinic helps low-income taxpayers.
November 22, 2005... Byline: Sarah M. Feingold Syracuse University College of Law's Low Income Taxpayer Clinic (LITC) offers legal assistance to low income taxpayers who have controversies with the Internal Revenue Service. In this program, Syracuse...

Rochester Legal Briefs: November 22, 2005.
November 22, 2005... Byline: Daily Record Staff The Appellate Division, Fourth Department's decisions in the area of criminal law reviewed issues such as pre-indictment discovery, probable cause and effective assistance of counsel. CRIMINAL DECISIONS ...

National Adoption Day celebration was held November 18th at the Hall of Justice in Rochester.
November 23, 2005... Byline: Nora A. Jones Seven local families were joined by relatives, friends, case workers, attorneys and judges in a National Adoption Day celebration at the Hall of Justice on Friday, Nov. 18. Ten children ranging in age from 2 to 13...

Monroe County submits 2006 budget to lawmakers.
November 23, 2005... Byline: Sarah M. Feingold In October, Monroe County Executive Maggie Brooks submitted the 2006 proposed Monroe County budget to lawmakers, following an address to the Monroe County Legislature. According to the budget, which is posted...

N.Y. State Consumer Protection Board announces Top 10 holiday scams.
November 23, 2005... Byline: Daily Record Staff The New York State Consumer Protection Board and other consumer protection agencies released the Top Ten Consumer Turkeys -- a list of widespread scams hurting consumers today. The Top Ten Turkeys are: ...

N.Y. State Court of Appeals lists more October, 2005 filings.
November 23, 2005... 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...

N.Y. State Court of Claims dismisses case against state for flood damges.
November 23, 2005... Byline: Kevin M. Momot Where the claimant argued the state's negligence in the design and maintenance of a culvert resulted in flood damage, the court determined maintenance of the culvert was not "causally related" to the flooding of the...

Allegany County's amended solid waste rules did not violate contractual, constitutional rights.
November 28, 2005... Byline: Sarah M. Feingold Where a county amended its solid waste rules and regulations, the plaintiffs claimed the county's actions were arbitrary, capricious and violated contractual and constitutional rights. Reviewing the facts...

NY State Bar Assn. task force to study eminent domain.
November 28, 2005... Byline: Daily Record Staff In the midst of a political firestorm set off by the U.S. Supreme Court decision on eminent domain in Kelo v. New London, and calls by Congress to withhold federal funding from localities that use eminent domain...

Electronic case filing system in federal courts reaches milestone.
November 28, 2005... Byline: Daily Record Staff The federal courts' Case Management/Electronic Case Filing (CM/ECF) system turns 10 years old this month, after processing more than 24 million federal court cases and serving hundreds of thousands of attorneys...

Rochester Legal Briefs: November 28, 2005.
November 28, 2005... Byline: Daily Record Staff Personal injury issues involving municipalities were the focus of a number of Appellate Division, Fourth Department decisions issued in November. These included whether a road was properly maintained by a town...

Monroe County judge rules photographic array, identification procedure not unduly suggestive.
November 29, 2005... Byline: Sarah M. Feingold Where the defendant moved to suppress the identification testimony claiming it violated his right to due process, the court examined whether the photographic array was unduly suggestive. Reviewing the facts in...

Four local attorneys receive 'Forty Under 40' award from Rochester Business Journal.
November 29, 2005... Byline: Daily Record Staff On Friday, Nov. 18, the Rochester Business Journal held its 11th annual "Forty Under 40" luncheon at the Rochester Riverside Convention Center. Approximately 900 people attended this event, which honored...

Notice of amended federal bankruptcy forms, revised rules effective Dec. 1.
November 29, 2005... Byline: Daily Record Staff The following is a synopsis of amendments to the Federal Rules of Bankruptcy Procedure: Rule 1007 is amended to require the debtor in a voluntary case to submit with the petition a list of entities to which...

Rochester Legal Briefs: November 29, 2005.
November 29, 2005... Byline: Daily Record Staff Appellate Division, Fourth Department decisions in November reviewed a number of commercial cases, including contract interpretation and quantum meruit. Lease Two orthopedic surgeons entered into an...

N.Y. State Court of Appeals rules theater owner not liable for patron's injury.
November 30, 2005... Byline: Kevin M. Momot Where the plaintiff brought an action against a theater owner for personal injuries sustained on the premises, the proposed duty of care to the plaintiff would have significantly enlarged the duty of theater owners...

N.Y. State Supreme Court evidence related to murder suspect admissible.
November 30, 2005... Byline: Sarah M. Feingold Where the defendant was accused of murder, he moved to suppress certain evidence, including identification testimony and oral/written statements. Reviewing the facts in People v. Douglas Donald Gross, New York...

Discovery requests in litigation reveal importance of e-mail archiving policies.
November 30, 2005... Byline: Nora A. Jones What is your company's e-mail archiving policy? Is it written down? Is it followed to the letter? How about storage of those archives? Is it on tapes? Is it only stored on premises? If you need to retrieve...

Bar Association of Erie County insurers offer new Medicare options.
November 30, 2005... Byline: Daily Record Staff With the implementation of the new Medicare Modernization Act, the Bar Association of Erie County is working with its health insurance carriers to provide bar members and their families with Medicare Part D...