Daily Record (Rochester, NY) articles from October 2003

Daily Record (Rochester, NY) archives from October 2003

Two part-time justices keep Darien Town Court's variable caseload under control.
October 1, 2003... Byline: Robbi Hess The Town of Darien boasts a year-round population of 2,900 but hosts a seasonal influx of up to 1.3 million transient visitors because of its proximity to Six Flags Darien Lake. And Justices Gary Graber and Beth A. Gold...

Stay of injunction examined pending appeal.
October 1, 2003... Byline: Nora A. Jones Should the district court grant defendant's motion for stay of the preliminary injunction pending appeal? Did the defendant meet its burden of proof to warrant a stay of the injunction?U.S. District Court Judge...

Personal injury case retains triable issue of fact.
October 1, 2003... Byline: Helen Nguyen In a case where the plaintiff was injured as a result of a construction accident, does Labor Law s. 240(1) apply to the plaintiff's liability claim? Does a triable issue of fact exist as to whether or not the plaintiff...

Attorneys' time records lack sufficient detail.
October 1, 2003... Byline: Nora A. Jones In New York, et al. v. Microsoft Corp., the U.S. District Court for the District of Columbia granted the State of Massachusetts $967,014.52 in attorneys' fees in a ruling handed down on Sept. 22, 2003. Responding to...

Gay and lesbian clients focus of new continuing legal ed. program.
October 2, 2003... Byline: Nora A. Jones Terrence C. Brown-Steiner, partner at Shapiro, Rosenbaum, Liebschutz & Nelson, LLP, called the Monroe County Bar Association one day with an idea: How about a continuing legal education program to clarify the legal...

Federal judge upholds limits on Medicare-covered therapy.
October 2, 2003... Byline: Staff Federal district court Judge Emmet G. Sullivan cleared the way for the Bush Administration to enforce a $1,590 annual Medicare therapy coverage cap despite its failure to provide notice to the 41 million Americans with...

Permanent resident alien requests relief from deportation despite criminal record.
October 2, 2003... Byline: Nora A. Jones Did the petitioner establish valid grounds to avoid deportation despite his admitted criminal history? Did the immigration judge and Board of Immigration Appeals err in denying petitioner relief from removal? These...

Religious discrimination claims of inmates to be reconsidered.
October 2, 2003... Byline: Jill Miller Were the appellants, incarcerated Shiite Muslims, denied the right to hold their own prayer services separate from the Sunni Muslim inmates in violation of their constitutional and federal statutory rights? Did the...

Rochester attorney to lead Cornell funding effort.
October 2, 2003... Byline: Staff Duncan W. O'Dwyer was recently appointed chair of the Cornell Law School Rochester Regional Committee for the 2003-2004 Annual Fund Solicitation Campaign. The goal is $2.5 million.In order to lower the staggering figure of...

NY State Court of Appeals lists filings from Aug. 29- Sept. 4, 2003.
October 3, 2003... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals.Some of these filed appeals may never reach decision on the...

Clarification needed in Social Security claim.
October 3, 2003... Byline: Robbi Hess Where the Commissioner of Social Security denied plaintiff's request for disability benefits, was plaintiff's obesity considered in conjunction with her back problems to assess her residual functional capacity? Did the...

Judicial, DA candidates speak to legal community.
October 3, 2003... Byline: Jill Miller Members of the Rochester legal community had an opportunity to learn more about the candidates for Monroe County Family Court, Rochester City Court, New York State Supreme Court and Monroe County District Attorney, at...

Advisory panel meets in Buffalo to discuss 'Up & Coming' nominees.
October 3, 2003... Byline: Nora A. Jones A lively conversation dominated the dinner meeting on Tuesday, Sept. 30, 2003 as a panel of attorneys and one judge compared notes and reviewed a packet of nominations for "Up & Coming Attorneys" in the Buffalo area,...

U.S. District Court for the W. District of NY rules race, gender discrimination not established.
October 6, 2003... Byline: Nora A. Jones Where plaintiff was terminated for mishandling money orders, did she establish that others who mishandled money orders were treated more favorably? In reviewing the magistrate's report and recommendation in the U.S....

U.S. Court of Appeals for Second Circuit upholds denial of asylum application.
October 6, 2003... Byline: Jill Miller Did the Board of Immigration Appeals err when it denied the petitioner's application for asylum based on an adverse credibility determination?This was the central issue on appeal before the U.S. Court of Appeals for the...

Magistrate Judge Payson to speak at annual Western District of NY Federal Court dinner.
October 6, 2003... Byline: Staff The Western District Federal Court's annual dinner will be held at 7 p.m. on Wednesday, Oct. 22, 2003 at the Holiday Inn in Batavia. A cash bar and light hors d'oeuvres will be available at 6 p.m.Recently appointed U.S....

New York State Attorney General's office reaches settlement with Yahoo!
October 6, 2003... Byline: Staff The New York State Attorney General's office has reached a settlement with Yahoo! Inc. that will protect consumers from unwanted e-mail and telemarketing campaigns and ensure that they understand and control marketing...

Rochester-based Harter, Secrest & Emery LLP partner, Lawrence R. Palvino, passes away.
October 6, 2003... Byline: Staff For Larry Palvino, every problem or dispute had a pragmatic solution. In his 40 years of practice, including 34 years as a partner in the Rochester law firm of Harter, Secrest & Emery LLP, Mr. Palvino made good use of his...

Rochester Women's Network hosts discussion on "Political Clout".
October 6, 2003... Byline: Staff The Rochester Women's Network will present "Political Clout - Women's Voices Making a Difference," from noon to 1 p.m. on Tuesday, Oct. 7, 2003 at the Rochester Museum and Science Center, Eisenhart Auditorium.Women have...

Getting to know staff at the Monroe County Bar Association.
October 6, 2003... Byline: Helen Nguyen The Monroe County Bar Association (MCBA) is made up of over 2,000 members and is also comprised of the Foundation of the Monroe County Bar and the Monroe County Bar Center for Education. Who handles the membership...

Monroe County Bar Assn. releases judicial candidates ratings.
October 7, 2003... Byline: Staff The Monroe County Bar Association (MCBA) has concluded its annual judicial evaluation process and has released the names of the candidates with prospective ratings of "recommended" or "not recommended." The candidates and the...

Long term disability ruling remains intact.
October 7, 2003... Byline: Nora A. Jones Is plaintiff entitled to long term disability benefits? Was the administrative determination that plaintiff's medical history did not establish a permanent disability based on arbitrary and capricious reasoning? In...

Request for appointment of special prosecutor denied.
October 7, 2003... Byline: Jill Miller Did a prosecutor breach the defendant's attorney-client privilege after he read two letters, written by the defendant to his attorney, that were sent to the district attorney's office in error?In the People v. Roy...

Attorney resignations, disciplinary actions released by 4th Department.
October 7, 2003... Byline: Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions released on Friday, Oct. 3, 2003.Matter Of Christina F. Rich, An Attorney, Resignor. - Voluntary...

American Bar Assn. Young Lawyers meets in Pittsburgh.
October 8, 2003... Byline: Staff Nearly 300 young lawyers from across the country are expected to attend the American Bar Association Young Lawyers Division Summit for Children and Fall National Public Service Conference, Oct. 9 to 12, 2003 at the Sheraton...

Monroe County run for the judiciary.
October 8, 2003... Byline: Staff 1. Name: Francis A. Affronti.2. Age: 62.3. Party affiliation: Republican.4. Current place of employment: New York State Supreme Court Justice, Seventh Judicial District.5. Professional background: Admitted New York State Bar,...

Time-share tenant seeks redress for injuries.
October 8, 2003... Byline: Nora A. Jones Did the time-share broker who arranged for the use of property in the British Virgin Islands have a responsibility to warn plaintiff of potential dangers in regard to the property? Was there an express or implied...

Child custody transfer affirmed.
October 8, 2003... Byline: Jill Miller Did State Supreme Court err when it transferred custody of a child, from the mother, a resident of Wyoming, to the father, a New York State resident, after the mother had been living in Wyoming for a number of years?New...

Harter, Secrest & Emery adds attorneys in Buffalo.
October 8, 2003... Byline: Staff Kenneth W. Africano and Robert C. Weissflach have joined Harter, Secrest & Emery as partners in the Buffalo office. Since June 2000 when Carol E. Heckman, a former U.S. Magistrate Judge in the Western District of New York,...

Continuing legal ed program asks: Can taxes be fun?
October 9, 2003... Byline: Staff This unlikely question in the context of a continuing legal education program will very likely evoke a few laughs and chuckles as L. Paul Hood, Jr. presents a full day program approved for CLE credit for attorneys and...

Monroe County Bar Assn. municipal attorneys come together for committee meeting.
October 9, 2003... Byline: Nora A. Jones Why would a landlord, who needs a certificate of occupancy to legally collect rent, decline to consent to an inspection of the premises at the same time he or she applies for a certificate of occupancy?Because it is a...

Rochester Legal Briefs October 9, 2003.
October 9, 2003... Byline: Staff In Appellate Division, Fourth Department civil decisions issued in October, the court decided such matters as the proper scope of expert opinion, "piercing the corporate veil," and the applicability of the Statute of Frauds....

Lawyers honored for helping during national mass disasters.
October 9, 2003... Byline: Staff On Sept. 25, 2003, the New York State Bar Association's Committee on Mass Disaster Response received "The Governor's Award to an Organization for Excellence in Emergency Management" from the director of the State Emergency...

Attorneys' disqualification in employment case deemed a 'close call' but necessary.
October 9, 2003... Byline: Nora A. Jones Should the court grant defendant's motion to disqualify plaintiffs' counsel? Where plaintiffs' attorneys previously worked at a law firm that represented the defendant in other employment matters, should the...

Five to receive Nathaniel Award on Oct. 23, 2003.
October 9, 2003... Byline: Jill Miller A retired lieutenant from the Monroe County Sheriff's Office and four respected members of the legal community are the 2003 Nathaniel Award recipients.Continuing in its tradition of honoring men, women and organizations...

Attracting good clients focus of upcoming continuing legal ed course.
October 9, 2003... Byline: Staff "Cold Calls: Separating the Gold From the Granite When Potential Clients Call You With Their Case-of-a-Lifetime" is the topic of a continuing legal education seminar set for November.Presented by the Greater Rochester...

Rochester to host National Bar Assn. meeting and symposium.
October 10, 2003... Byline: Staff In conjunction with the National Bar Association's annual meeting of the board of governors, the 15th Annual Wiley A. Branton Issues Symposium will take place in Rochester from Oct. 29 through Nov. 2, 2003. The purpose of the...

NY State Bar urges gov. to support tort reform bill.
October 10, 2003... Byline: Staff The New York State Bar Association Committee on the Tort System has issued a report urging Gov. Pataki to sign legislation (S.4404) that eliminates the pressure placed on plaintiffs to specify a dollar amount for damages at...

Drug abuse problems prevent plaintiff from qualifying for disability benefits.
October 10, 2003... Byline: Helen Nguyen Was there substantial evidence to show that the plaintiff was not entitled to Social Security disability benefits based on her drug abuse problems?Seeking a review of the Commissioner of Social Security's determination...

Search of computer files upheld on reargument.
October 10, 2003... Byline: Jill Miller Did New York State Supreme Court err when it denied the defendant's motion to suppress the evidence police seized during a warrantless search of his computer?In the People v. Richard Emerson, the defendant moved to...

Outdated 'notice of retainer' rule repealed by Fourth Department.
October 10, 2003... Byline: Nora A. Jones Earlier this year, the Fourth Department took a look at the "notice of retainer" and sounded the death knell for this antiquated rule that requires a retainer notice and closing statement in contingent fee personal...

U.S. District Court for the W. District of NY rules retaliation claim withstands motion to dismiss.
October 14, 2003... Byline: Helen Nguyen Did the plaintiff sufficiently state a prima facie case for retaliation against his former employer? In addition to asserting a claim of retaliation, the plaintiff also brought claims of hostile work environment and...

Monroe County Court reviews upward departure for level 2 offender.
October 14, 2003... Byline: Jill Miller Should the Board of Examiners' request for an upward departure of the defendant's level 2 offender status be granted?This was the issue before Monroe County Court Judge Frank P. Geraci, Jr. in the People v. Harry...

"Breaking the Silence" poetry performance program to benefit Crisis Nursery of Greater Rochester.
October 14, 2003... Byline: Staff Are you concerned about domestic violence but unsure how to help? Perhaps you should make reservations for a "performance poetry" program called "Breaking the Silence" that will be presented on Thursday, Oct. 23, 2003. This...

NY attorneys general ask HUD to reduce use of toxic pesticides.
October 14, 2003... Byline: Staff Eleven attorneys general petitioned the U.S. Department of Housing and Urban Development (HUD) to comply with federal law by improving its pest management in thousands of public housing developments across the nation. In the...

Wildlife photos just part of Monroe County attorney Jay Friedman's travel experiences.
October 14, 2003... Byline: Robbi Hess Lions and tigers and bears... oh my! Oh yes and let's not forget, charging rhinos, boa constrictors, leopards and attorney Jay Friedman's favorite wild animal - the majestic elephant."I've been traveling since I...

Western NY Paralegal Assn. offers myriad benefits.
October 15, 2003... Byline: Robbi Hess Because Catherine Lefko was never the type of person to attend a meeting and not become involved, she is now serving her second term as president of the Western New York Paralegal Association, Inc. (WNYPA)."It's the...

'Certificate of occupancy' found constitutional.
October 15, 2003... Byline: Nora A. Jones Where the plaintiffs challenged the City of Rochester's regulations that require a five-year renewal of a certificate of occupancy, did they establish a violation of due process or Fourth Amendment rights? Did the...

Contentious discovery requests resolved by court.
October 15, 2003... Byline: Helen Nguyen Should the court grant the defendants' discovery request to obtain two years worth of copies of the plaintiffs' checks and credit card statements? Should the court grant the plaintiffs' requests to extend the...

Professor Kenneth F. Joyce to receive 2003 Jaeckle Award.
October 15, 2003... Byline: Staff Professor Kenneth F. Joyce, one of the most popular and engaging faculty members to teach in the State University of New York at Buffalo School of Law, will receive the 2003 Jaeckle Award from UB Law School and the UB Law...

Sovereign immunity awarded to snowplow driver.
October 16, 2003... Byline: Nora A. Jones Where a Mohawk Nation member, working for the Seneca Nation in the Southern Tier, struck a vehicle with the snowplow he was operating, can the snowplow operator be held liable for injuries sustained in the...

Town Judge admonished for disparaging comments.
October 16, 2003... Byline: Jill Miller A Harford Town judge has been admonished based on inappropriate comments she made in court to an attorney who had previously represented her ex-husband. The admonishment was also based on the fact that the judge...

Boylan Brown team wins 2003 trivia championship.
October 16, 2003... Byline: Nora A. Jones Literacy Volunteers of Rochester Executive Director Robert Mahar was pleased with the level of enthusiasm for the third annual "Brain Game" - a fundraising event that this year included eight teams of lawyers and...

Compeer holds annual luncheon.
October 17, 2003... Byline: Helen Nguyen The name "compeer" means a "companion." Currently, more than 300 children and adults in the local area are waiting for "compeers" and below are just a couple of examples.* "Donny" is a 12-year-old boy who lives with...

Getting to know the staff at Monroe County Bar Association.
October 17, 2003... Byline: Helen Nguyen The Monroe County Bar Association (MCBA) not only provides more than 55 continuing legal education (CLEs) programs each year and health insurance benefits to its members but it also offers a lawyer referral service to...

Expense of removing environmental waste involves numerous prior property owners.
October 17, 2003... Byline: Nora A. Jones Who should bear the expense of removing environmental waste from a certain commercial property located on Lyell Avenue in Rochester? Are some of the named defendants improper parties to the plaintiffs' action seeking...

Escrow fund not available for attorney's fees.
October 17, 2003... Byline: Jill Miller Should the court grant an attorney's application for payment of her attorney's fees from an escrow account held by another attorney on behalf of the Knights of Columbus Council #178? Should the funds in the escrow...

Center for Dispute Settlement holds 30th anniversary dinner.
October 17, 2003... Byline: Staff On Sept. 24, 2003, Seventh Judicial District Administrative Judge Thomas VanStrydonck gave the following presentation to those attending the Center For Dispute Settlement's 30th Anniversary Dinner."On the morning of July 11,...

Liability for condominium fire at issue.
October 20, 2003... Byline: Jill Miller Is a condominium community's board of managers liable for a fire, which was allegedly set off due to the negligence of an unlicensed plumber, because an employee of the board allowed the plumber to work in one of the...

Court of Claims Act preserves child's rights.
October 20, 2003... Byline: Nora A. Jones Is a 12-year-old child subject to the same procedural rules as an adult in a Court of Claims action seeking damages for injuries sustained in a highway accident? Did the parent claimants demonstrate a meritorious...

Rules for file pick ups at Supreme, County Court Clerk's Office change.
October 20, 2003... Byline: Staff James Hendricks, chief clerk of the Monroe County Supreme and County Courts, has announced, effective Oct. 14, 2003 attorneys or their messengers must now pick up their files and sign out for them on their own.If attorneys...

Cell phone donation program runs through Oct. 31st.
October 20, 2003... Byline: Staff The Monroe County Bar Association's Young Lawyers Section is once again partnering with Verizon Wireless to collect wireless phones for the benefit of victims of domestic violence.The HopeLine program refurbishes and recycles...

Hospitality law addressed in textbook.
October 21, 2003... Byline: Nora A. Jones Having taught "Hotel and Restaurant Law" at Monroe Community College for a number of years, Karen Morris, Brighton Town Court Justice and practicing attorney, was disappointed with the selection of textbooks available...

Rochester home sales cool in September.
October 21, 2003... Byline: Jill Miller Sales of single family existing homes dropped 25.2 percent in September 2003 as compared to August 2003.According to the Greater Rochester Association for Realtors, 992 homes were sold last month compared to 1,327 in...

ABA State and Local Government Section meets in Albany.
October 21, 2003... Byline: Staff Albany's Mayor Gerald Jennings will address more than 200 lawyers in town for the joint fall meeting of the American Bar Association Section of State and Local Government Law and the New York State Bar Association Municipal...

Arrest warrant upheld by Court of Appeals.
October 21, 2003... Byline: Jill Miller Did the probation office exceed its statutory authority and violate the doctrine of separation of powers when it petitioned the court for an arrest warrant based on the defendant's violation of his supervision?This was...

Probable cause found for administrative search warrants where landlords refused inspections.
October 21, 2003... Byline: Nora A. Jones Does the Rochester City Court have authority to issue administrative search warrants to permit municipal employees to conduct property inspections required for issuing of certificates of occupancy?Where landlords...

Judicial nomination commission names candidates for Court of Appeals vacancy.
October 21, 2003... Byline: Staff The New York State Commission on Judicial Nomination has released the names of seven candidates who were found to be "well qualified" for the position of associate judge of the New York State Court of Appeals.The candidates...

Two long-time attorneys preside over Town of Aurora court system.
October 22, 2003... Byline: Robbi Hess Attorney Doug Marky was appointed in 1995 to fill a seat on the bench in the Town of Aurora because of the retirement of the former judge - and he has been there ever since. Judge George Hezel was elected to the Town of...

Pension benefit claim reconsidered, reversed.
October 22, 2003... Byline: Nora A. Jones Should the court's earlier decision be reconsidered in light of a change in the controlling law? What is the standard for reconsideration since the prior order did not dispose of all claims? These were among the...

Volunteer Lawyers Project celebrates 20 years of service.
October 22, 2003... Byline: Robbi Hess Twenty years ago, a collaboration between the Bar Association of Erie County and Neighborhood Legal Services sparked the creation of the Volunteer Lawyers Project (VLP). The project served as an organized means of...

Eighth Judicial District administrative order amended.
October 22, 2003... Byline: Staff Administrative Judge of the Eighth Judicial District, Sharon S. Townsend, has rescinded a portion of an administrative order dated Oct. 1, 1999.The prior administrative order required the inclusion of a decretal paragraph in...

Hodgson Russ LLP announces its government relations team.
October 23, 2003... Byline: Staff Hodgson Russ LLP has announced the formation of a new Government Relations team. Attorneys on the team have close, bipartisan relationships with contacts at all levels of government.Members of the Government Relations team -...

Independent Defense Commission recommended for farm workers.
October 23, 2003... Byline: Staff The New York State Defenders Association (NYSDA) released a preliminary report detailing the inadequacies of public defense services available to New York's migrant farm workers in Orleans, Monroe, and Genesee Counties, and...

Attorney's fees awarded in state court held 'nondischargeable' in bankruptcy proceeding.
October 23, 2003... Byline: Nora A. Jones Where state court matrimonial proceedings included two awards of attorney's fees, should those awards still owed by a Chapter 7 debtor be deemed nondischargeable? Can these awards be characterized as in the nature of...

Statements to Dept. of Labor investigators suppressed.
October 23, 2003... Byline: Jill Miller Should the statements defendant made to investigators from the New York State Department of Labor, during a deposition, as part of an investigation into the Rochester Association of Paraprofessionals financial affairs,...

Parents go back to school to ease trauma for children.
October 23, 2003... Byline: Staff In New York State, parents who divorce, separate or are involved in custody or visitation disputes will be directed to participate in education programs designed to provide information and tools on how to reduce the stress of...

July bar exam dates adjusted for Jewish holiday.
October 24, 2003... Byline: Staff The Board of Law Examiners has modified the schedule for the July 2004 bar examination for those candidates who require accommodation due to the conflict with the Jewish holiday of Tisha B'Av.Because one component of the New...

NY State Bar Assn. launches new public education radio campaign.
October 24, 2003... Byline: Staff To help educate New Yorkers about the vital role lawyers play in protecting people's rights, the New York State Bar Association (NYSBA) launched a four-week, statewide radio campaign in cooperation with the New York State...

Evidence not adequate to establish product design defect or negligence by manufacturer.
October 24, 2003... Byline: Nora A. Jones Could a reasonable jury conclude that a machine defect or lack of safety warnings were the proximate cause of plaintiff's injuries? Was an alternative design feasible? Would a design variation have prevented the...

Grand jury instructions found to be sufficient.
October 24, 2003... Byline: Jill Miller Should the indictment against the defendant be dismissed on the grounds that the prosecutor failed to instruct the grand jury as to the permissive nature of the statutory presumption outlined in Penal Law s. 265.15(4),...

Legal profession at center of awards ceremony.
October 24, 2003... Byline: Nora A. Jones Ten individuals and three organizations were recognized at this year's Nathaniel Awards luncheon held on Wednesday, Oct. 22, 2003. As a tribute to their commitment to community service and the justice system, all...

New Hampshire foster care facility placement is in child's best interests.
October 27, 2003... Byline: Jill Miller Is it in the best interests of a developmentally delayed girl to be placed in a special foster care home outside New York State away from her brother?Monroe County Family Court Judge Joan S. Kohout was asked to consider...

'Infliction of emotional distress' claim not sufficiently 'outrageous'.
October 27, 2003... Byline: Helen Nguyen Did the actions of the defendant's employees rise to a level sufficient to support the plaintiffs' claim for intentional infliction of emotional distress?In Sammie L. Dexter, Jr. and Douglas Johnson, v. Dots, Inc., the...