Daily Record (Rochester, NY) articles from November 2006

Daily Record (Rochester, NY) archives from November 2006

N.Y. police officer's 'bright' idea for a traffic stop darkened by suppression.
November 1, 2006... Byline: Kevin Habberfield In People of the State of New York v. Frederick, Brighton Town Court Judge Richard A. Dollinger granted the defendant's motion to suppress all evidence obtained in a traffic stop where there was no evidence that...

Bar Assn. of Erie County hosts legal delegations from England, France.
November 1, 2006... Byline: Daily Record Staff The Bar Association of Erie County will enter into an exchange program with England's Kent Law Society. Officials of both groups will sign an agreement today for the ongoing program in a ceremony on the 12th...

Epilepsy Foundation initiates Stephen A. Segar scholarship in Rochester.
November 1, 2006... Byline: Daily Record Staff Segar & Sciortino founding partner Stephen A. Segar did not let epilepsy stop him from achieving in college, law school and beyond, and now he wants to help others in the pursuit of their learning. Thanks to...

N.Y. Court of Appeals lists more October filings.
November 1, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

New York court rules suspension of pension benefits violates Employee Retirement Income Security Act.
November 2, 2006... Byline: Helen Nguyen An amendment that a pension fund retroactively applied to the plaintiff's retirement benefits resulting in the suspension of those benefits was found to violate the anti-cutback rule of the Employee Retirement Income...

American Bar Association proposes revisions to Model Judicial Code.
November 2, 2006... Byline: The New York Daily Record Staff An American Bar Association commission released its final proposal to revise the ABA Model Code of Judicial Conduct, addressing a host of issues relating to propriety in judicial conduct, among them...

Federal court jury delivers $585K verdict in sexual harassment lawsuit involving female teenagers.
November 2, 2006... Byline: The New York Daily Record Staff A federal court jury recently handed down a $585,000 verdict in a lawsuit in which 13 females -- the majority of them teenagers -- alleged that they were verbally and physically harassed by managers...

New York court plaintiff alleges leukemia was caused by exposure to gas fumes.
November 3, 2006... Byline: Helen Nguyen The issue of whether to admit the testimony of two expert witnesses in a case in which a former gas station attendant alleged he developed leukemia as a result of his exposure to benzene in the gasoline was recently...

The New York Empire State Counsel program honors over 90 lawyers in its first five months.
November 3, 2006... Byline: New York Daily Record Staff The Empire State Counsel program, instituted by New York State Bar Association President Mark H. Alcott, has honored more than 90 attorneys for their volunteer service in the first five months it has been...

Handling complaints against judges.
November 6, 2006... Byline: Daily Record Staff Reprinted from The Third Branch (Vol. 38, No. 10 -- October 2006), the newsletter of the federal courts, with permission from the Administrative Office of the U.S. Courts: The federal judiciary does well overall...

Nation's largest disability insurer reaches reforms agreement with NY State Attorney General.
November 6, 2006... Byline: Daily Record Staff The New York State Attorney General's office has reached an agreement with the nation's largest disability insurer to resolve an investigation of deceptive practices in its compensation of brokers and consultants...

Rochester's Campaign For Justice 2006 fund-raising event planned.
November 6, 2006... Byline: Daily Record Staff Campaign for Justice is in its 21st year and is one of the most successful civil legal service fund-raising campaigns in the country. Last year, the campaign raised $230,250 and distributed the money to three...

NY State Court of Appeals rules against nursing homes over Medicaid reimbursement.
November 7, 2006... Byline: Helen Nguyen The majority of nursing homes depend heavily on Medicaid to cover a large portion of the costs in taking care of their residents. This is true for 62 nursing homes in Western New York that lost a legal battle to force...

New York court dismisses personal injury claim against Wal-Mart.
November 8, 2006... Byline: Helen Nguyen Wal-Mart is not liable for injuries that occurred to a woman who slipped on a hanger that was on the floor of one of the company's stores, ruled the U.S. District Court for the Western District of New York. In Tracy...

UB Law School to hold legal preparedness seminar.
November 8, 2006... Byline: The New York Daily Record Staff In the event of an emergency or disaster -- be it a devastating hurricane, sudden infectious-disease outbreak, terrorist attack or rare October snowstorm -- an array of legal issues will arise...

New York State Commission accepts Appeals Court chief judge applications.
November 8, 2006... Byline: The New York Daily Record Staff The New York State Commission on Judicial Nomination is accepting recommendations and applications of individuals who are qualified to serve as chief judge of the New York State Court of Appeals. A...

Meet our 2006 Nathaniel Award recipients.
November 9, 2006... The Daily Record held its 11th annual Nathaniel Award celebration on Nov. 7 at the Hyatt Regency Rochester, honoring seven award nominees and three recipients who go above and beyond the call of duty in the name of justice. City Corporation...

Meet The Daily Record's 2006 Nathaniel Award recipients.
November 9, 2006... Byline: Daily Record Staff The Daily Record held its 11th annual Nathaniel Award celebration on Nov. 7 at the Hyatt Regency Rochester, honoring seven award nominees and three recipients who go above and beyond the call of duty in the name...

Justice Doyle to be honored posthumously.
November 10, 2006... Byline: Daily Record Staff The late State Supreme Court Justice Vincent E. Doyle, Jr. will be recognized posthumously at an upcoming reception sponsored by the Bar Association of Erie County. The BAEC will hold a reception for retiring...

Partnership elusive for minority women attorneys.
November 13, 2006... Byline: Daily Record Staff Minority women constitute 1.48 percent of partners in the nation's major law firms. This group is particularly underrepresented in the partnership ranks, even more so than minority men, who account for 3.53...

New York State Court of Appeals: Landlord had no duty to protect child from uncovered radiator.
November 14, 2006... Byline: Helen Nguyen A landlord is not liable for the injuries sustained by a three-year-old boy who burned himself on an uncovered radiator, ruled the New York State Court of Appeals in Aaron Rivera &c. et al. v. Nelson Realty, LLC, et...

City of Rochester considers Midtown purchase.
November 14, 2006... Byline: Tara E. Buck Rochester city officials are considering whether to purchase Midtown Plaza for about $6 million, or $5 per square foot, a price Mayor Robert Duffy said last week is well below the property's assessed value. Lawrence J....

U.S. Court of Appeals for the Second Circuit: Artist's rendering creates copyright controversy.
November 16, 2006... Byline: Helen Nguyen An artist's use of a photograph in his painting does not constitute copyright infringement, ruled the U.S. Court of Appeals for the Second Circuit. In A. Blanch v. J. Koons, et al., the Second Circuit determined the...

Rochester area attorneys to participate in production of 42nd Street.
November 16, 2006... Byline: Tara E. Buck Rochester area attorneys and business professionals will be found onstage this weekend in Pittsford Musicals' production of 42nd Street. David Stimson, who serves as Eastman Kodak Co.'s chief trademark counsel; Kim...

Report examines employment of lawyers with disabilities.
November 16, 2006... Byline: Daily Record Staff A new American Bar Association report focuses on the benefits of diversity in the workplace, why it pays to hire lawyers with disabilities and what the law requires of legal employers. Based on the proceedings of...

Court of Appeals lists filings for October 20-26, 2006.
November 16, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

Campaign for Justice in Rochester has record-breaking first night.
November 17, 2006... Byline: Daily Record Staff The 2006 Campaign for Justice is underway, and the first night of the campaign's phone-a-thon was a resounding success, according to Sheila Gaddis, executive director of the Volunteer Legal Services Project. As...

July 2006 New York state bar examination results released.
November 17, 2006... Byline: Daily Record Staff The New York State Board of Law Examiners has concluded grading the July 2006 bar examination held July 25 and 26. The board examined 10,448 candidates for admission to the bar, the most ever examined, according...

Young paralegal starts new business: Solutions in Litigation.
November 17, 2006... Byline: Tara E. Buck Susan Ippoliti, 31, has worked as a paralegal for about 10 years, but a recent change in jobs left her missing interactions with attorneys and the work she performed in the legal field. In September, she decided to...

NY State Court of Appeals: Prosecutor's 'deplorable' conduct results in new trial.
November 20, 2006... Byline: Helen Nguyen Despite finding a prosecutor's conduct "deplorable" during the defendant's trial, the New York State Court of Appeals determined the principle of double jeopardy did not apply to the defendant. In the Matter of Robert...

New York State Bar Association launches latest radio campaign.
November 20, 2006... Byline: Daily Record Staff The New York State Bar Association unveiled a new radio campaign, titled "That's What Lawyers Do," to address three law-related issues: the role lawyers play in people's everyday lives; the free services they...

Judge Scudder named presiding justice of Appellate Division, Fourth Department.
November 21, 2006... Byline: Daily Record Staff Judge Henry J. Scudder was appointed Nov. 17 as presiding justice of the Appellate Division, Fourth Department by Gov. George Pataki. "Justice Scudder is an outstanding jurist with a broad range of experience,...

Mengel, Metzger, Barr & Co. expands its offices in Rochester.
November 21, 2006... Byline: Daily Record Staff The accounting firm of Mengel, Metzger, Barr & Co. LLP held an open house Nov. 16 to reveal its recently-completed expansion within the HSBC Plaza. The firm took over the remaining 3,600 square feet on the...

Greater Rochester Association of Realtors: Average home sales price up in October.
November 21, 2006... Byline: Kevin M. Momot Year-to-date existing single-family home sales are down slightly by 2.6 percent compared to 2005, and have decreased by 3.1 percent compared to last month. According to the Greater Rochester Association of Realtors,...

Federal court proceedings feature many languages.
November 21, 2006... Byline: Daily Record Staff A total of 117 languages required interpretation in federal court proceedings in fiscal year 2006. The overwhelming majority -- 95 percent -- of the 205,550 language-interpreting events were in Spanish. Federal...

Rochester Legal Briefs: October 22, 2006.
November 22, 2006... Byline: Daily Record Staff In Appellate Division, Fourth Department personal injury decisions, among the issues reviewed were the Son of Sam Law, the Scaffold Law, and 42 USC s. 1983. PERSONAL INJURY Wrongful death -- Police conduct...

Syracuse Univ. College of Law serves as advocate for children's health.
November 22, 2006... Byline: Daily Record Staff Many government aid programs and laws are intended to assist low-income families with their children's health needs, but doctors and administrators are often unaware of these programs or do not have the resources...

Rochester-based Faraci Lange, LLP forms spin-off.
November 22, 2006... Byline: Daily Record Staff Personal injury law firm Faraci Lange, LLP has formed Moyer, Russi & Randall, LLP to take over the administration of legal service plan business (employee benefits paid by employers). The new firm will also...

Harris Beach PLLC partner to receive Neighborhood Legal Services Award.
November 22, 2006... Byline: Daily Record Staff Harris Beach PLLC partner A. Vincent Buzard will be recognized by Neighborhood Legal Services, Inc. (NLS) for the effort he expended as New York State Bar Association president to restore state funding of legal...

Presiding Judge Scudder gets ready for new role.
November 27, 2006... Byline: Tara E. Buck Had things gone the way he wanted in Tennessee, the newest Appellate Division, Fourth Department Presiding Judge Henry J. Scudder might not be here. "I wanted to be a country music star," Judge Scudder said from his...

Monroe County Family Court celebrates National Adoption Day.
November 27, 2006... Byline: Helen Nguyen The smallest of visitors, including a 5-month-old baby and a 3-year-old boy, came to the Hall of Justice on Nov. 17 for a special ceremony to celebrate National Adoption Day. These children, as well as three others who...

Action plan for New York state justice courts unveiled.
November 27, 2006... Byline: Tara E. Buck More than $10 million is being set aside in the 2007-2008 budget of the New York State Judiciary to support reforms and updates to the nearly 1,300 justice courts in towns and villages statewide, Chief Judge Judith S....

New York State Court of Appeals: Med mal claim alleged patient contracted hepatitis C from surgery.
November 28, 2006... Byline: Helen Nguyen In a medical malpractice case, a unanimous New York State Court of Appeals held that the plaintiff had enough information to prompt an investigation as to the possibility that he contracted hepatitis C during his...

Latest attorney discipline matters from the Appellate Division, Fourth Department.
November 28, 2006... Byline: Daily Record Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions. Matter of David B. Grossman, A Suspended Attorney, Respondent. Grievance Committee of the...

Volunteer Legal Services Project to present McKnight Awards Dec. 8 in Rochester.
November 29, 2006... Byline: Daily Record Staff The 2006 Volunteer Legal Services Project McKnight Awards will be given to four honorees at a luncheon on Dec. 8. Since 1986, the awards have been given annually to recognize volunteer attorneys or attorneys...

N.Y. Court of Appeals lists additional filings.
November 29, 2006... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...

New York State Supreme Court enforce zoning laws aimed at college students.
November 30, 2006... Byline: Helen Nguyen For nine months out of the year, thousands of SUNY Geneseo college students make the Village of Geneseo their home away from home. A lucrative rental housing industry has spawned as many students opt to live off...

Federal Rules of Civil Procedure involving electronically stored information subject to change.
November 30, 2006... Byline: The Daily Record Staff Reprinted from The Third Branch (Vol. 38, No. 11 -- November 2006), the newsletter of the federal courts, with permission from the Administrative Office of the U.S. Courts. On Dec. 1, amendments to Federal...

New York Appellate Division addresses family law issues.
November 30, 2006... Byline: The Daily Record Staff Among recent family law decisions by the Appellate Division, Fourth Department, issues involving joint custody, prison visitation, and payment for college expenses were addressed. FAMILY LAW College...