Daily Record (Rochester, NY) articles from November 2008

Daily Record (Rochester, NY) archives from November 2008

Case Digests.
November 3, 2008... u.s. district Court, Ndny Social Security Martin v. Commissioner of Social Security 06-CV-720 Judge Sharpe Background: The plaintiff brought suit challenging the denial of her application for disability benefits. In June 2002, Martin...

Commentary: What's a Boomer to do about falling 401(k) values?
November 3, 2008... Byline: James M. Genthner Baby Boomers -- those born between 1946 and 1964 -- are concerned and fearful (given the recent plunge in the stock market) that they will not have enough time to recoup 401(k) losses and adequately fund their...

Commentary: Twitter 101 for lawyers.
November 3, 2008... Byline: Nicole Black While I've often repeated my recommendation that lawyers ought to take advantage of the networking and micro-blogging service, Twitter, I've yet to explain how to do so. Not surprisingly, it is the how that matters...

Small business loans in Rochester region declined in 2008.
November 3, 2008... Byline: Colleen M. Farrell The number of U.S. Small Business Administration loans fell by 23 percent in the Rochester region this year -- a trend that appears to be happening nationwide. The SBA backed 443 loans worth $55,315,900 in...

Rocky Simmons' legacy on permanent display at Hall of Justice in Rochester.
November 3, 2008... Byline: Elizabeth Stull Rocky Simmons made history by becoming the first black court deputy in the Seventh Judicial District; but he is remembered for how he used his talents to help others. A permanent photo exhibit unveiled Thursday at...

U.S. District Court, Northern District of New York Case Summaries: November 3, 2008.(Case overview)
November 3, 2008... Byline: Daily Record Staff and Wire Reports U.S. District Court, Northern District of New York Social Security Martin v. Commissioner of Social Security 06-CV-720 Judge Sharpe Background: The plaintiff brought suit challenging the denial of...

Appellate Division, 4th Department Case Summaries: November 3, 2008.(Case overview)
November 3, 2008... Byline: Daily Record Staff and Wire Reports Appellate Division, 4th Department Election Law In the Matter of Mavromatis v. Town of West Seneca 1383.1 Appealed from Supreme Court, Erie County Background: The petitioner commenced a special...

Appellate Division, 3rd Department Case Summaries: November 3, 2008.(Case overview)
November 3, 2008... Byline: Daily Record Staff and Wire Reports Appellate Division, 3rd Department Tax In the Matter of Mulderig v. New York State Dept. of Taxation and Finance 500685 Appealed from the Tax Appeals Tribunal Background: In 1991, the IRS...

It's Election Day!
November 4, 2008... Byline: Elizabeth Stull On Tuesday, record numbers of New Yorkers will cast their votes in national and local elections, Gov. David A. Paterson said in a statement reminding voters of their rights on Election Day. There are 11.9 million...

It's Election Day!
November 4, 2008... Byline: Elizabeth Stull oOn Tuesday, record numbers of New Yorkers will cast their votes in national and local elections,o Gov. David A. Paterson said in a statement reminding voters of their rights on Election Day. There are 11.9 million...

Young start-ups share their stories at U of Rochester event.
November 4, 2008... Byline: Colleen M. Farrell Arel Moodie ended up starting a company and becoming an international motivational speaker before his 23rd birthday. Joanna Alberti left a good job for a hobby she loved and turned it into a career by the time...

Joe Lund honored by Rochester's Pluta Cancer society.
November 4, 2008... Byline: The Daily Record Staff The Pluta Cancer Center honored employee Joe Lund with the 2008 Angel Award at its ninth Annual Emerald Ball, at Oak Hill Country Club. The Angel Award is given yearly to an outstanding employee. The Emerald...

Annual Monroe County Bar Assn. memorial service set for Friday.
November 4, 2008... Byline: The Daily Record Staff The Memorial Committee of the Monroe County Bar Association will hold a memorial service Friday to honor those from the bench and bar who have died in the past year. The bar will honor 11 attorneys: David A....

New York State Commission on Property Tax to meet in Rochester.
November 4, 2008... Byline: The Daily Record Staff The New York State Commission on Property Tax relief will hold its second-to-last hearing at 1 p.m. Wednesday at Rochester City Hall, 30 Church St. The commission is expected to release its report in December....

New York State agencies report budgets.
November 4, 2008... Byline: The Daily Record Staff Gov. David A. Paterson this week released core mission budgeting reports from the state's executive agencies. The reports provide detailed budget information on individual state programs and will help...

U.S. Court of Appeals for the Second Circuit Case Summaries: November 4, 2008.(Case overview)
November 4, 2008... Byline: The Daily Record Staff Bonime v. Avaya Inc. 07-1136-cv Appealed from the Eastern District of New York Background: The appeal is from a judgment of the district court dismissing claims brought under the Telephone Consumer Protection...

Appellate division, third Department.
November 4, 2008... Voluntary Plea People v. Kaszubinski 100137 Appealed from County Court, Madison County Background: The appeal is from the defendant's conviction upon her guilty plea to the crime of murder in the second degree, and from the denial of the...

Appellate Division, Third Department Case Summaries: November 4, 2008.(Case overview)
November 4, 2008... Workers' Compensation In the Matter of Hansen v. Syracuse Home Association 503022 Appealed from the Workers' Compensation Board Background: The appeal is from a decision of the Workers' Compensation Board, which ruled the claimant did not...

Appellate Division, Third department.
November 4, 2008... Professional licensing In the Matter of Ahneman v. Board of Regents 503555 CPLR Article 78 proceeding; Board of Regents of the University of the State of New York Background: The action, pursuant to Education Law s.6510, seeks review of a...

Case Digests.
November 4, 2008... U.S. Court of Appeals for the Second Circuit Federal Jurisdiction Bonime v. Avaya Inc. 07-1136-cv Appealed from the Eastern District of New York Background: The appeal is from a judgment of the district court dismissing claims brought...

News Briefs.
November 4, 2008... Business privacy guidelines issued As part of New York State's Theft Awareness Week, the state Consumer Protection Board (CPB) issued its first Business Privacy Guide: How to Handle Personal Identifiable Information and Limit the Prospects of...

Commentary: The candidates' telecom policies and you.
November 4, 2008... Byline: Martha Buyer Like me, I suspect you have had just about enough of the misleading, slanted and just plain distorted rapid-fire television and print ads that have overpowered the usual rush of cleaning supplies and HUGE car sales...

Western New York On The Move: November 4, 2008.
November 4, 2008... Byline: Tara E. Buck The law firm of Harris Beach PLLC recently announced that Kate L. Hill has joined the firm as an associate with the Educational Institutions Team and Labor and Employment Law Practice Group. Hill practices from both...

U.S. Court of Appeals for the Second Circuit Case Summaries: November 5, 2008.(Case overview)
November 5, 2008... Byline: The Daily Record Staff Federal Jurisdiction Mathirampuzha v. Potter 06-4384-cv Appealed from the District of Connecticut Background: In an action against the Postmaster General and others, the district court granted summary...

Commentary: Considerations for those retiring into a bear market.
November 5, 2008... Byline: John Hamling The year has turned out to be a nasty one in which to retire, or at least contemplate retiring. When there are massive swings in the stock market, as we have experienced in the current bear market, investors are faced...

Commentary: Obtaining info from a child abuse investigation.
November 5, 2008... Byline: Gary Muldoon In the area of sexual conduct and criminal law, a variety of mechanisms restrict disclosure of information. Those include the rape-shield law, social worker privilege, restrictions on identifying the complainant and,...

The Daily Record News Briefs: November 5, 2008.
November 5, 2008... Byline: The Daily Record Staff NY accepting HEAP applications Gov. David A. Paterson announced that beginning this week, eligible New Yorkers can apply to the Home Energy Assistance Program (HEAP) for the winter season. Eligible...

Monroe County waterway improvement grants awarded.
November 5, 2008... Byline: Colleen M. Farrell Some of Monroe County's waterways will be getting improvements thanks to a number of state grants. Gov. David A. Paterson announced more than $23.3 million in funding for environmental protection projects across...

Rochester's Norman Palmiere, 'lawyer's lawyer,' dies.
November 5, 2008... Byline: Elizabeth Stull Norman Anthony Palmiere (1934-2008) was a lawyer's lawyer. His death on Sunday after a brief illness at age 74, ended a 45-year legal career and saddened the community. He had the respect of the whole legal...

Appellate Division, Third Department Case Summaries: November 5, 2008.(Case overview)
November 5, 2008... Byline: The Daily Record Staff Settlement Agreement Bell v. White 504701 Appealed from Supreme Court, Albany County Background: The appeal is from an order granting the defendants' request to order the plaintiff to comply with the...

U.S. District Court, Western District of New York Case Summaries: November 5, 2008.(Case overview)
November 5, 2008... Byline: The Daily Record Staff Civil Rights Oldfield v. Village of Dansville 06-CV-6487 Judge Larimer Background: Plaintiffs Michael and Amy Oldfield brought a s.1983 civil rights action against several municipalities including the...

U.S. Court of Appeals for the Second Circuit Case Summaries: November 6, 2008.(Case overview)
November 5, 2008... Byline: Daily Record Staff Class Arbitration Stolt-Nielsen S.A. v. Animalfeeds International Corp. 06-3474-cv Appealed from the Southern District of New York Background: The parties to the litigation also are parties to...

Case Digests.
November 6, 2008... U.S. Court of Appeals for the Second Circuit Class Arbitration Stolt-Nielsen S.A. v. Animalfeeds International Corp. 06-3474-cv Appealed from the Southern District of New York Background: The parties to the litigation also are parties to...

Commentary: Can teachers be banned from wearing campaign buttons.
November 6, 2008... Byline: Michael R. Wolford On Oct. 17, U.S. District Court Judge Lewis A. Kaplan, in Weingarten v. Board of Education of the City School District of the City of New York, 2008 WL 4620573 (S.D.N.Y.) answered in the affirmative. The court...

Commentary: Love is (not) all you need.
November 6, 2008... Byline: Robert L. Brenna Jr. Without regard to the obvious nutritional and materialistic needs we all must deal with, love is essential, but it is not in and of itself enough. Hope is what you need to survive in today's world and...

New York Appellate Court Judge Lunn defeated.
November 6, 2008... Byline: Elizabeth Stull The defeat of a highly regarded Appellate Division justice in Tuesday's election has left some observers once again questioning whether state Supreme Court judges should be elected or appointed. In a race with four...

Commentary: Fancy that! America's election process works!
November 6, 2008... Byline: Daily Record Staff On Wednesday morning, some of us awoke in shock, and in awe of the fact that President-Elect Barack Obama's victory came so swifly and decisively. Since 2000, some Americans have become downright skeptical when...

U.S. District Court Western District NY Case Summaries: November 6, 2008.(Case overview)
November 6, 2008... Byline: Daily Record Staff Administrative Claims Edwards v. U.S. Department of Agriculture 04-CV-6051 Judge Larimer Background: The plaintiff commenced suit against the U.S. Department of Agriculture and a number of USDA employees...

Appellate Division, Third Department Case Summaries: November 6, 2008.(Case overview)
November 6, 2008... Byline: Daily Record Staff Election Law Kryzan v. New York State Board of Elections 505674 Appealed from Supreme Court, Albany County Background: The Working Families Party named Alice Kryzan to fill the vacancy caused by Jon...

U.S. District Court Western District of N.Y. Case Summaries: November 7, 2008.(Case overview)
November 7, 2008... Byline: Daily Record Staff U.S. District Court Western District New York Civil Rights Chattley v. Bado 05-CV-6690 Judge Siragusa Background: The plaintiff is asserting claims against the defendant, a police officer, for false arrest...

Commentary: 'Holmanv. Commissioner': Sec. 2703 arguments brought back to life.
November 7, 2008... Byline: Thomas R. Chiavetta In the case of Holman v. Commissioner, a husband and wife formed a family limited partnership (FLP), and held both general and limited partnership interests. The only asset owned by the FLP was Dell Computer...

The Daily Record News Briefs: November 7, 2008.
November 7, 2008... Byline: Daily Record Staff Nixon announces massive hiring Nixon Peabody LLP voted Thursday to add a large team of attorneys from the San Francisco-based law firm Thelen LLP. Thelen partners voted on Tuesday to dissolve their 84-year-old...

To cap, or not to cap?: Rochester residents attend N.Y. State Comm.on Property Tax Relief.
November 7, 2008... Byline: Colleen M. Farrell This year's taxes on Daniel Buerkle's home in Irondequoit are one-and-a-half times the amount he paid for his first house. Over 28 years, the property taxes on his current home have increased from $800 to...

U.S. District Court Northern District of N.Y. Case Summaries: November 7, 2008.(Case overview)
November 7, 2008... Byline: Daily Record Staff U.S. District Court Northern District of New York Civil Rights Law Frazier v. Turning Stone Casino 02-CV-131 Judge Scullin Background: Before the court is the motion for summary judgment of remaining...

Appellate Division, Third Department Case Summaries: November 7, 2008.(Case overview)
November 7, 2008... Byline: Daily Record Staff Appellate Division, Third Department Negligence Marotta v. Hoy 504466 Appealed from Supreme Court, Schenectady County Background: The appeal is from an order that denied the defendants' cross motion for...

Case Digests.
November 10, 2008... U.S. Court of Appeals for the Second Circuit Immigration Mendez v. Mukasey 07-1114-ag Appealed from the Board of Immigration Appeals Background: The petitioner seeks review of an order of the Board of Immigration Appeals dismissing an...

Commentary: Congress expands protection for the disabled.
November 10, 2008... Byline: Jennifer A. Mereau On Sept. 25, President Bush signed the Americans with Disabilities Act Amend-ments Act of 2008 (ADA Amendments Act or Act), which takes effect Jan. 1. The amendments broaden the definition of disability, making...

Commentary: Happy 403(b) New Year, employers.
November 10, 2008... Byline: Patrick M. Burke Jr. In my Aug. 11 Daily Record column on 403(b) plans, I wrote about the changes pending for employers who sponsor 403(b) retirement plans. Those employers are facing a changing regulatory landscape that is leaving...

Commentary: Rochester needs a law school.
November 10, 2008... Byline: Nicole Black Within the last year, officials at both SUNY Binghamton and St. John Fisher College announced their educational institutions were considering the possibility of establishing new law schools. Lawyers across the state...

Angelo A. Costanza Community Center in Rochester dedicated.
November 10, 2008... Byline: Colleen M. Farrell Fernwood Park apartment complex has a new community center, its first. The Angelo A. Costanza Community Center was dedicated on Thursday. It's just one of many improvements being made to the complex, which...

The Daily Record News Briefs: November 10, 2008.
November 10, 2008... Byline: Daily Record Staff and Wire Reports Commission recommends censure The New York State Commission on Judicial Conduct has determined that Robert G. Dunlop, a justice of the Chazy Town Court, Clinton County, should be censured. In a...

Veterans' court in Rochester will hear cases soon.
November 10, 2008... Byline: Elizabeth Stull Armed with a new grant from the federal Bureau of Justice Administration, Rochester soon will convene a veterans court to help U.S. military veterans involved with the criminal justice system. Set to begin hearing...

Rochester's Neighborhood of the Arts binds together city neighborhoods.
November 10, 2008... Byline: Colleen M. Farrell Art, Paul Kramer says, really binds his city neighborhood. That could be an understatement -- it's obvious to most that the Neighborhood of the Arts has earned its moniker. Lampposts are dressed up with mosaic...

Appellate Division, 3rd Department Case Summaries: November 10, 2008.(Case overview)
November 10, 2008... Byline: Daily Record Staff and Wire Reports Appellate Division, Third Department Religious Freedom Commack Self-Service Kosher Meats Inc. v. Rudgers 504077 Appealed from the Court of Claims Background: The Court of Claims granted the...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: November 10, 2008.(Case overview)
November 10, 2008... Byline: Daily Record Staff and Wire Reports U.S. Court of Appeals for the Second Circuit Immigration Mendez v. Mukasey 07-1114-ag Appealed from the Board of Immigration Appeals Background: The petitioner seeks review of an order of the...

U.S. District Court, Western District of New York Case Summaries: November 10, 2008.(Case overview)
November 10, 2008... Byline: Daily Record Staff and Wire Reports U.S. District Court, Western District of New York Social Security Giles v. Astrue 06-CV-702 Judge Telesca Background: The plaintiff seeks judicial review of the denial of his claim for SSI...

U.S. District Court, Northern District of New York Case Summaries: November 10, 2008.(Case overview)
November 10, 2008... Byline: Daily Record Staff and Wire Reports U.S. District Court, Northern District of New York Bankruptcy Algonquin Power Income Fund v. Christine Falls of New York Inc. 07-CV-1258 Judge Hurd Background: Christine Falls of New York Inc. and...

Western New Yorkers on the Move: November 12, 2008.
November 12, 2008... Byline: Tara E. Buck The law firm of Hiscock & Barclay LLP announced that Maureen O. Helmer, former chairwoman of the New York State Public Service Commission (PSC), has joined the firm as a partner and co-chairwoman of the firm's...

Commentary: Fixed income: A wolf in sheep's clothing.
November 12, 2008... Byline: Cody B. Bartlett Jr. The events of the past few months have taught conservative investors a very painful but important lesson: Fixed income securities can be dangerous. This year several sectors of the fixed income market are down...

The Daily Record News Briefs: November 12, 2008.
November 12, 2008... Byline: The Daily Record Staff Canandaigua Treaty of 1794 honored Monroe County Executive Maggie Brookers and county Legislator Steve Eckel on Monday sought to honor the 214th anniversary of the signing of the Canandaigua Treaty of 1794 by...

Rochester city officials: Midtown redevelopment still on.
November 12, 2008... Byline: Colleen M. Farrell Midtown Plaza's redevelopment will happen, and PAETEC's new downtown headquarters will lead the way, city officials and other business advocates pledged Monday as they showed off designs for the nearly nine-acre...

Case Digests.
November 13, 2008... U.S. Court of Appeals for the Second Circuit Expert Testimony U.S. v. Lopez 06-3730-cr Appealed from the Southern District of New York Background: The defendant appeals from a judgment convicting him of possession of cocaine with intent to...

Greater Rochester Assn. for Women Attorneys honors Society for the Protection and Care of Children.
November 13, 2008... Byline: Heidi Schult Gregory The Greater Rochester Association for Women Attorneys (GRAWA) proudly nominated the Society for the Protection and Care of Children (SPCC) for The Daily Record's 2008 Nathaniel Award. The Nathaniel Award has...

Commentary: Hope Olsson -- Giving thanks by giving back.
November 13, 2008... Byline: Linda Kostin Thanksgiving is on its way, and you know what that means: It's time to count your blessings. With the economy in the tank and Aunt Tillie on her way, sometimes that's easier said than done. Not for bankruptcy attorney...

2008 Monroe County Bar Association Memorial Service honors colleagues, friends.
November 13, 2008... Byline: T. Andrew Brown The Monroe County Bar Association held its annual memorial service last week, paying tribute to 10 past members of our association. The MCBA, through its Memorial Committee, holds a service each year to honor those...

The Daily Record News Briefs: November 13, 2008.
November 13, 2008... Byline: Daily Record News Staff Piper Schultz LLP dissolves The two-year-old Rochester labor and employment law firm of Piper Schultz LLP has dissolved. Founding partner Scott Piper on Tuesday announced that he accepted a partnership...

Brooks Landing in Rochester is open for business.
November 13, 2008... Byline: Colleen M. Farrell Brooks Landing officially opened Monday, but city officials and neighbors say it's only the beginning of the southwest neighborhood's revitalization. The project, 25 years in the making and overseen by three...

22nd Campaign for Justice kicking off in Monroe County.
November 13, 2008... Byline: Elizabeth Stull An annual fundraiser for Rochester legal services groups takes on new significance this year as the agencies brace for state funding cuts. The 22-year-old Campaign for Justice (CFJ), one of the most successful legal...

U.S. Court of Appeals for the 2nd Circuit Case Summaries: November 13, 2008.(Case overview)
November 13, 2008... Byline: Daily Record Staff U.S. Court of Appeals for the Second Circuit Expert Testimony U.S. v. Lopez 06-3730-cr Appealed from the Southern District of New York Background: The defendant appeals from a judgment convicting him of...

U.S. District Court, Northern District of N.Y. Case Summaries: November 13, 2008.(Case overview)
November 13, 2008... Byline: Daily Record Staff U.S. District Court, Northern District of New York Prisoner Rights Perez v. Crook 08-CV-1153 Judge Sharpe Background: In his pro se complaint, the plaintiff prisoner alleges the defendant mis-prescribed a...

Appellate Division, 3rd Department Case Summaries: November 13, 2008.(Case overview)
November 13, 2008... Byline: Daily Record Staff Appellate Division, Third Department No-Fault Insurance Hammond v. GMAC Insurance Group 504758 Appealed from Supreme Court, Columbia County Background: The plaintiff was a passenger in a car driven by...

Appellate Division, 1st Department Case Summaries: November 13, 2008.(Case overview)
November 13, 2008... Byline: Daily Record Staff Appellate Division, First Department Attorney Discipline In the Matter of Fish 08433 Background: The respondent attorney was admitted to the bar in 1984. The petitioner seeks an order suspending...

Case Digests.
November 14, 2008... U.S. Court of Appeals for the Second Circuit Immigration Balachova v. Mukasey 07-2278-ag Appealed from the Board of Immigration Appeals Background: The petitioners, a wife and husband, seek review of an order of the Board of Immigration...

Commentary: Is your business ready to adopt IFRS?
November 14, 2008... Byline: Shelby L. Cates Most of the world's major global economies require, or have a future date certain to require, public companies to report under International Financial Reporting Standards (IFRS). The U.S. is the one major economy...

Daily Record News Briefs: November 14, 2008.
November 14, 2008... Byline: Daily Record Staff Monroe County budget proposed Monroe County Executive Maggie Brooks has proposed a $905,475,676 for next year. The budget holds the property tax rate at $8.99 per $1,000 of assessed value, the same as last year....

Life settlements soon could be regulated.
November 14, 2008... Byline: Elizabeth Stull Nancy Scott thought she was helping terminally ill people when she bought life settlements from a trusted financial advisor in Newark, Wayne County. It turns out the life insurance policyholders were not sick and...

Renaissance Square theater in Rochester needs $55M.
November 14, 2008... Byline: Colleen M. Farrell Renaissance Square project leaders are confident its proposed performing arts center will be built, despite the economic downturn and questions about funding. The Main & Clinton Local Development Corp., which...

U.S. Court of Appeals for the Second Circuit Case Summaries: November 14, 2008.(Case overview)
November 14, 2008... Byline: Daily Record Staff Immigration Balachova v. Mukasey 07-2278-ag Appealed from the Board of Immigration Appeals Background: The petitioners, a wife and husband, seek review of an order of the Board of Immigration Appeals...

U.S. District Court Western District Case Summaries: November 14, 2008.(Case overview)
November 14, 2008... Byline: Daily Record Staff Patent Infringement Bausch & Lomb Inc. v. Coopervision Inc. 04-CV-6485 Judge Telesca Background: According to the plaintiff, the defendant is infringing upon Bausch & Lomb's U.S. Patent No. 6,132,236 by...

U.S. District Court Northern District Case Summaries: November 14, 2008.(Case overview)
November 14, 2008... Byline: Daily Record Staff Venue Advanced Fiber Technologies Trust v. J&L Fiber Services Inc. 07-CV-1191 Judge Homer Background: The lawsuit alleges the defendant infringed AFT's screen cylinder patents. J&L moved for a change of...

Appellate Division, 1st Department Case Summaries: November 14, 2008.(Case overview)
November 14, 2008... Byline: Daily Record Staff Paternity Matter of Latricia M. v Edward M. 08424 Appealed from Family Court, New York County Background: The family court determined the respondent father's consent was not required for the adoption of the...

Appellate Division, 2nd Department Case Summaries: November 14, 2008.(Case overview)
November 14, 2008... Byline: Daily Record Staff Negligence Albinowski v. Hoffman 08434 Appealed from Supreme Court, Suffolk County Background: In an action to recover damages for personal injuries, the plaintiff appeals from an order of the supreme court...

Appellate Division, 3rd Department Case Summaries: November 14, 2008.(Case overview)
November 14, 2008... Byline: Daily Record Staff Sentencing People v. Birch 101169 Appealed from County Court, Columbia County Background: The defendant appeals from an order convicting her upon her plea of guilty of the crime of grand larceny in the second...

Commentary: Are Guaranteed Retirement Accounts guaranteed?
November 17, 2008... Byline: Bob Easterly Movement to Scrap 401(k)s Gains Traction. Dems Target 401(k) Plans. Leaders in the US House Discuss Confiscating 401(k)s and IRAs. Those are just a few of the headlines that grabbed attention in the 401(k) world in...