Daily Record (Rochester, NY) articles from October 2004

Daily Record (Rochester, NY) archives from October 2004

Action to invalidate easement owned by New York State barred by sovereign immunity.
October 1, 2004... Byline: Kevin M. Momot In an action to invalidate an easement granted by the plaintiffs to New York State and the New York State Thruway Authority, the state was a necessary and indispensable party to the action, and therefore the action...

Plaintiff's injury not deemed 'serious' by NY State Supreme Court, Monroe County.
October 1, 2004... Byline: Jill Miller A plaintiff's pain must be medically determined and meet the 90 out of 180 day rule outlined in Insurance Law s. 5102(d) in order to be considered a "serious injury." This was the finding of New York State Supreme...

Constitutionality of controversial family court order debated at Monroe County Bar Assn. forum.
October 1, 2004... Byline: Jill Miller A controversial decision handed down by a local family court judge ordering a couple not to conceive any more children until they can take custody of the four they already have was the topic of a recent debate at the...

Three-day diversity conference in Rochester focuses on inclusion.
October 1, 2004... Byline: Nora A. Jones Part One Of FiveYolanda King, daughter of the late Dr. Martin Luther King, Jr. and former U.S. Surgeon General Dr. David Satcher were among the nationally recognized keynote speakers who shared their comments at the...

Plaintiff's discrimination claim invalid.
October 4, 2004... Byline: Fred Petersen Where the plaintiff sued under Title VII of the Civil Rights Act of 1964, 42 USC s.2000 (Title VII), alleging she was fired for discriminatory reasons, U.S. District Court for the Western District of New York Judge...

Traverse hearing granted, gag order denied.
October 4, 2004... Byline: Jill Miller A New York State Supreme Court, Onondaga County judge has ordered a traverse hearing to determine whether a defendant was actually served with a summons and complaint in March 2003 as alleged by the plaintiff. In...

Rochester Black Bar Assn. celebrates 10 years.
October 4, 2004... Byline: Nora A. Jones Rochester City Court Judge Roy W. King, Appellate Division Justice Samuel L. Green and Eastman Kodak Co. patent attorney Clyde Bailey, Sr. were recognized by the Rochester Black Bar Association for their distinguished...

Literacy Volunteer's annual Brain Game set for Oct. 7.
October 4, 2004... Byline: Staff Teams of attorneys will compete against teams of accountants for first place in the annual Brain Game sponsored by Literacy Volunteers of Rochester. The fourth annual game will be held at 5 p.m. on Thursday, Oct. 7 in...

Atty. Lynn Edelman bicycles 3,630 miles from Oregon to New Hampshire.
October 4, 2004... Byline: Nora A. Jones At 4 years old, Lynn S. Edelman was the first kid on her block to learn to ride a bicycle. At age 50, she biked 3,630 miles across the United States in 50 days. "I always wanted to ride across the country," she...

Diversity Conference 2004 held in Rochester.
October 5, 2004... Byline: Nora A. Jones Is your organization proactive or reactive when it comes to diversity? Does your staff mirror your customer base? Mauricio Velasquez talked about critical success factors in a lively session titled "Diversity...

Third Department amends Section 806.4.
October 5, 2004... Byline: Staff Pursuant to the authority conferred upon this court by law, it is ordered, that, effective immediately, Section 806.4 of the Rules of the Supreme Court, Appellate Division, Third Judicial Department (22 NYCRR 806.4) is hereby...

Plaintiff failed to show lack of 'safe footing' pursuant to 12 NYCRR 23-3.3(1).
October 5, 2004... Byline: Kevin M. Momot Where the plaintiff, a demolition worker, brought a personal injury action relying on 12 NYCRR 23-3.3(1), which requires safe footing in demolition operations and prohibits a worker from having to use a pile of...

Town not responsible for personal injuries.
October 5, 2004... Byline: Jill Miller Where a plaintiff swerved her car and crashed it into a wooden post in order to avoid colliding with a horse and buggy, a New York State Supreme Court, Wayne County judge concluded the town had no duty to maintain the...

Bar exam pass rate will rise.
October 5, 2004... Byline: Staff The passing score on the New York State bar examination will be increased from 660 to 675 on a scale of 1,000. According to the Board of Law Examiners, the increase will be phased in over a three year period. The score...

Appellate Division, Fourth Department's most recent disciplinary decisions.
October 6, 2004... Byline: Staff The Appellate Division, Fourth Department handled the following attorney matters in its most recent round of decisions handed down on Oct. 1: Matter of Angelo A. Rinaldi, An Attorney, Respondent, Grievance Committee of...

Judge Ann T. Mikoll to receive 2004 Jaeckle Award.
October 6, 2004... Byline: Staff Former New York State Appellate Division, Third Department Judge Ann T. Mikoll, one of the first two women appointed to serve on a New York State appellate court (along with Judge M. Dolores Denman of the Fourth Department),...

Bruce S. Coleman joins Hodgson Russ as partner.
October 6, 2004... Byline: Staff Bruce S. Coleman has joined Hodgson Russ's Corporate & Securities Practice Group as a partner. He represents corporate clients ranging from small businesses to large publicly held companies. In addition to acting in a...

Review of release conditions premature.
October 6, 2004... Byline: Helen Nguyen In a case where the defendant was convicted of transporting child pornography through the use of a computer, the U.S. Court of Appeals for the Second Circuit ruled the defendant's challenges to conditions imposed on...

School crossing guards fall under police function.
October 6, 2004... Byline: Jill Miller Under General Municipal Law s. 208-a, crossing guards perform a police function and as a result a town has the discretion to fund the cost of employing the guards. This was the finding of New York State Supreme...

Monroe County Bar Assn. brings legal community together with fall 'SideBAR' event.
October 6, 2004... Byline: Nora A. Jones Monroe County Bar Association President Michael Wolford was pleased the weather cooperated for the Fall SideBAR event at the Crowne Plaza Hotel on Sept. 30. The second event of its kind, attorneys, judges and members...

Rochester Legal Briefs October 7, 2004.
October 7, 2004... Byline: Staff The Appellate Division, Fourth Department's decisions, released on Oct. 1, included several personal injury rulings on rear-end collisions and dog bites. CIVIL DECISIONS Automobile Accident - Rear-End Collision ...

Plaintiff's claims against jail dismissed.
October 7, 2004... Byline: Helen Nguyen Finding that the plaintiff, Matthew Dye, failed to file a grievance with the Wayne County Jail with regard to his allegations of abuse by correction officers, the U.S. District Court for the Western District of New...

Sentencing enhancement affirmed by court.
October 7, 2004... Byline: Jill Miller The defendant possessed firearms in connection with his drug dealing business and thus the U.S. District Court for the Western District of New York's decision to apply a four level enhancement to the defendant's...

Harter Secrest ranked top firm among mid-level associates.
October 7, 2004... Byline: Staff Harter, Secrest & Emery was named the number one firm to work for in a survey of mid-level associates (attorneys in their third and fourth years of practice at a law firm) in the latest issue of The American Lawyer magazine....

Harris Beach partner Hugh L. Carey to speak at NYC dinner.
October 8, 2004... Byline: Staff Hugh L. Carey, former governor of New York State and current partner in the New York City office of Harris Beach LLP, will be the featured guest speaker at this year's Alfred E. Smith Memorial Foundation Dinner, along with...

Pfalzgraf, Beinhauer & Menzies opens its doors.
October 8, 2004... Byline: Staff David R. Pfalzgraf, Charles W. Beinhauer and Laurie L. Menzies have formed a new law partnership with a combined 60 years of experience in elder law and estate planning and administration. Pfalzgraf, Beinhauer & Menzies...

'New evidence' insufficient to alter judgment.
October 8, 2004... Byline: Helen Nguyen In a case where the plaintiff, Richard Kern, a journalist and political activist in Buffalo, alleged that several attorneys at the Erie County District Attorney's Office wrongfully initiated several prosecutions...

False imprisonment, malicious prosecution and civil rights claims dismissed by court.
October 8, 2004... Byline: Jill Miller Even though the plaintiff is innocent of murder and attempted murder charges, his false imprisonment and malicious prosecution claims against the city and the investigating police officer must be dismissed. In Jose...

Continuing legal education program deals with drug, alcohol addiction.
October 8, 2004... Byline: Nora A. Jones The mind and the brain are two different things. Alcoholism and drug addiction are diseases of the mind that can impair the lives of the most intelligent human beings. Taking a look at this reality in the context...

Motion to disallow exemption for life insurance policy denied by U.S. Bankruptcy Court.
October 12, 2004... Byline: Kevin M. Momot Where a husband and wife filed separate bankruptcy petitions, U.S. Bankruptcy Court, Western District of New York Judge Carl L. Bucki allowed the debtor's claim of exemption for a life insurance policy despite the...

Western NY Paralegal Association hosts seminar Oct. 22.
October 12, 2004... Byline: Staff Creating a digital document repository and making the long term care system work for your family are among seven topics being offered by the Western New York Paralegal Association at its Oct. 22 seminar at Hilbert College,...

Peartree & Peartree LLP re-emerges as Rochester law firm.
October 12, 2004... Byline: Nora A. Jones David and Audrey Peartree first formed the firm Peartree & Peartree LLP in 1995, and later merged their practice with Barrett, Greisberger, Dollinger, Fletcher et al. Effective Oct. 1, the firm Peartree & Peartree LLP...

Monroe County Court Judge John Connell shares his passion for scuba diving.
October 12, 2004... Byline: Nora A. Jones "I can't think of anything more relaxing than the silence and weightlessness experienced on a dive," Monroe County Court Judge John Connell noted as he discussed his passion for scuba diving. "It is effortless to...

College faculty member can file grievance.
October 13, 2004... Byline: Helen Nguyen Where a St. John Fisher College faculty member was denied tenure, the New York Supreme Court, Appellate Division, Fourth Department determined the college erred when it failed to allow her to file a grievance. In...

Asset transfer is one transaction for tax purposes.
October 13, 2004... Byline: Fred Petersen Where Merrill Lynch & Co., Inc. appealed a tax court determination that Merrill had deficiencies in its 1997 and 1998 tax payments because it improperly claimed capital gains losses under s.301 of the Internal Revenue...

Diversity Conference 2004 addresses race issues.
October 13, 2004... Byline: Nora A. Jones Humans have approximately 30,000 genes. On average, how many genes separate all members of one race from all members of another race? (a) none; (b) 1; (c) 23; (d) scientific answer unknown. At the Diversity...

Approval of parking variance upheld.
October 14, 2004... Byline: Helen Nguyen Many of us have experienced the problem of finding a place to park. Parking and whether enough parking spots exist at a shopping plaza in Greece to justify the approval of a parking variance was the main issue...

Defendants not required to supervise construction.
October 14, 2004... Byline: Jill Miller The defendants established they were not responsible for coordinating and supervising a construction project at their mother's home and, as a result, their cross-motions to dismiss the plaintiff's personal injury...

NY State Bar Assn. establishes Committee on Balanced Lives in Law.
October 14, 2004... Byline: Staff The New York State Bar Association has formed the Special Committee on Balanced Lives in the Law, which will examine how attorneys in various work settings confront the ever-evolving dynamics of meeting professional, societal...

Nixon Peabody one of founding member of Greater Rochester Diversity Council.
October 14, 2004... Byline: Nora A. Jones Nixon Peabody LLP was one of the founding members of the Greater Rochester Diversity Council that organized the three-day Diversity Conference 2004. When GRDC was formed in 1996, the law firm was involved in the...

Rochester Legal Briefs October 14, 2004.
October 14, 2004... Byline: Staff Among the Appellate Division, Fourth Department decisions was one that reviewed the applicability of the statute of limitations defense in an action for conversion. In reviewing a Monroe County Surrogate Court proceeding,...

US District Court of NY denies habeas relief in conviction for stolen check and savings bond.
October 15, 2004... Byline: Helen Nguyen In a case where the petitioner was convicted of stealing a check and a U.S. savings bond, the U.S. District Court for the Western District of New York denied his request for habeas relief. In Jacob W. Bell v....

Ithaca City Court judge dismisses three charges against student protester.
October 15, 2004... Byline: Jill Miller A Cornell University student who held a protest in a tree on the school's campus did not create a hazardous or physically offensive condition nor was there evidence that she presented a public inconvenience and, as a...

NY State Supreme Court, Appellate Division, honors retiring Judge Donald J. Wisner.
October 15, 2004... Byline: Kevin M. Momot Many from the legal community were on hand to celebrate with New York State Supreme Court, Appellate Division, Fourth Department Judge Donald J. Wisner at the retirement party held in his honor earlier this month at...

Minority Bar of Western NY releases judicial candidates ratings.
October 15, 2004... Byline: Staff The Minority Bar Association of Western New York's Judicial Ratings Committee has issued its ratings for all 2004 judicial candidates for the November 2004 general election. The ratings are: Buffalo City Court ...

Plaintiffs' personal injury claims dismissed.
October 18, 2004... Byline: Helen Nguyen Finding the New York State Supreme Court, Erie County erred when it dismissed only portions of the plaintiffs' negligence and strict products liability claims involving an alleged defect in an "air-powered combination...

Reason for failing to answer complaint not valid.
October 18, 2004... Byline: Jill Miller Finding the defendant failed to demonstrate that a default was unintentional, a New York State Supreme Court judge rejected the defendant's motion to vacate a default judgment. In Gail T. Dunn and Robert L. Dunn v....

ChamberlainD'Amanda celebrates 125 years of service.
October 18, 2004... Byline: Staff This year marks the 125th anniversary of the law firm ChamberlainD'Amanda. The firm celebrated this momentous occasion on Oct. 15 at George Eastman House. The evening event honored clients and friends of the firm who have...

Rochester Legal Briefs October 18, 2004.
October 18, 2004... Byline: Staff Appellate Division, Fourth Department decisions released Oct. 1 reviewed admissibility of "habit" evidence in a criminal trial and the application of the "plain view" doctrine in a suppression hearing. CIVIL DECISIONS...

NY State Court of Appeals lists filings for September 17-23, 2004.
October 18, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Minority Bar Association of WNY holds awards dinner.
October 18, 2004... Byline: Fred Petersen Buffalo City Court Judge E. Jeanette Ogden, president of the Minority Bar Association of Western New York, presided over the 22nd annual scholarship dinner on Oct. 1 at the Buffalo Convention Center. Awards were...

Decision to allow late claim reversed.
October 19, 2004... Byline: Jill Miller A 14-year-old boy who was accused of sexually abusing his half sisters cannot be the subject of a report filed with the New York State Central Register of Child Abuse and Maltreatment because he is not a person who is...

James McElhaney to present at continuing legal ed. program in December.
October 19, 2004... Byline: Staff James W. McElhaney, a popular and sought-after continuing legal education lecturer, will return to Rochester on Wednesday, Dec. 1. McElhaney, an educator, legal columnist and acclaimed expert on U.S. trial techniques will...

Rochester home listings cool off In September.
October 19, 2004... Byline: Jill Miller The number of homes listed for sale dropped 9 percent in September compared to August. According to the Greater Rochester Association of Realtors, 1,835 homes were listed on the market compared to 2,016 in August....

Lawsuit against Attica School District goes forward.
October 20, 2004... Byline: Helen Nguyen In a lawsuit filed by a group of parents who alleged Attica Central Schools was not providing an "appropriate" education to their children - many of them who are disabled - the U.S. Court of Appeals, Second Circuit,...

Demand for videotaping deposition fails to meet time limit requirements outlined in CPLR 3107.
October 20, 2004... Byline: Jill Miller A notice demanding the videotaping of a deposition must meet the time limits outlined in CPLR 3107. Since the plaintiff's notice did not meet this requirement, a New York State Supreme Court, Monroe County, judge...

Judicial candidates square off at GRAWA luncheon.
October 20, 2004... Byline: Jill Miller Collegiality at the Hall of Justice, gender bias, judicial temperament and the Monroe County Bar Association's judicial candidates ratings, were just a few of the topics explored during the Greater Rochester Association...

New electronic case filing system continues to increase in federal courts.
October 20, 2004... Byline: Staff Implementation of the federal judiciary's Case Management/Electronic Case Files (CM/ECF) system continues to increase in district and bankruptcy courts across the country. CM/ECF replaces the courts' current electronic...

NY Supreme Court, Appellate Division, denies summary judgment in slip-and-fall case.
October 21, 2004... Byline: Helen Nguyen In a case where the plaintiff fell and injured herself at the defendants' store, the New York Supreme Court, Appellate Division, Fourth Department affirmed an order by State Supreme Court, Oneida County Judge Norman I....

NY State Court of Appeals upholds removal of city court judge.
October 21, 2004... Byline: Jill Miller A city court judge who often failed to advise defendants of their right to counsel, sentenced defendants in excess of the legal maximum, jailed some defendants when they could not meet the excessive bail the judge set...

Nixon Peabody team wins Literacy Volunteers of Rochester's 'Brain Game' trivia competition.
October 21, 2004... Byline: Kevin M. Momot The fourth annual "Brain Game" fundraising event hosted by Literacy Volunteers of Rochester featured eight teams of attorneys and four teams of accountants going head to head in a single elimination format,...

Legal Aid Society receives grant from New York State.
October 21, 2004... Byline: Staff The Legal Aid Society will receive $28,125 in funding to help combat violence against women and enhance its services. New York State has awarded more than $5.5 million in funding to nearly 120 organizations throughout the...

Personal bankruptcy filings rise In Rochester.
October 21, 2004... Byline: Staff The total number of personal bankruptcies filed in the administrative office of the U.S. courts, Rochester area of the Western District of New York increased 11.6 percent during the third quarter of 2004. Nationwide the...

Watertown's City Council decision to demolish historic buildings upheld.
October 22, 2004... Byline: Helen Nguyen In a case where the petitioner appealed a decision by Watertown's City Council to demolish three historic buildings, the New York Supreme Court, Appellate Division, Fourth Department unanimously affirmed the decision,...

Change in insanity acquittee's track status denied.
October 22, 2004... Byline: Jill Miller An insanity acquittee's track status established by an initial commitment order after finding the acquittee suffered from a "dangerous mental condition" cannot be changed pursuant to Criminal Procedure Law (CPL)...

'Have Gavel Will Travel' stops in Ontario County Oct. 28.
October 22, 2004... Byline: Staff The Appellate Division, Fourth Department will hold another in its series of "Have Gavel Will Travel" sessions in Ontario County on Oct. 28. The court will convene in Canandaigua for the first time in the court's 108...

Joan de R. O'Byrne talks to Rochester Women's Network about life's defining moments.
October 22, 2004... Byline: Nora A. Jones Rochester Women's Network periodically hosts lunchtime presentations by successful professionals. In September, local attorney Joan de R. O'Byrne shared her story in the latest edition of "Tales from the Age of...

Katherine Bifaro recognized for lawyer assistance efforts.
October 22, 2004... Byline: Staff Katherine Bifaro, executive director of the Bar Association of Erie County, was the recent recipient of the Sanford Kulick award, which is presented annually to an individual in Western New York who has made "a substantial...

Tax dispute resolution practice group formed at Hodgson Russ.
October 22, 2004... Byline: Staff Hodgson Russ LLP has established a new tax dispute resolution practice group to provide clients with a range of services, including broad tax analysis, response to Internal Revenue Service and state and local inquiries, audit...

Employment discrimination claims dismissed.
October 25, 2004... Byline: Helen Nguyen Where the plaintiff, Yaseen Sharif, a former employee of the Rochester City School District (RCSD), alleged a principal of the district discriminated against him based on his religion, the U.S. District Court for the...

Federal practitioners gather for Western District Court dinner to recognize 'pro bono' efforts.
October 25, 2004... Byline: Nora A. Jones One of the traditions of the annual Western District of New York dinner meeting is to honor local attorneys who have spent many pro bono hours on complex issues with often less-than-cooperative clients. This...

Proposed changes to Judicial Conduct Rules released.
October 25, 2004... Byline: Staff The American Bar Association Joint Commission to Evaluate the Model Code of Judicial Conduct released proposed code revisions governing gifts to judges and judicial attendance at expense-paid seminars. "The changes that...

Strict products liability judgment modified.
October 26, 2004... Byline: Kevin M. Momot Where the plaintiffs brought an action seeking damages for personal injuries based on claims of negligence, strict products liability and breach of implied warranties of fitness and merchantability, there were...

Unsigned settlement agreement not enforceable.
October 26, 2004... Byline: Jill Miller An out-of-court settlement which was not sufficiently reduced to writing or signed by the parties cannot be enforced under CPLR 2104. This was the finding of the New York State Court of Appeals in Tanya Bonnette &c....

Integrated Domestic Violence Court celebrates anniversary.
October 26, 2004... Byline: Jill Miller The Integrated Domestic Violence (IDV) Court opened its doors one year ago with a goal of devising a system to bring county-wide criminal cases involving domestic violence, filed in more than one court, under the arm of...

Reception salutes 2004 Nathaniel Award honorees.
October 26, 2004... Byline: Kevin M. Momot The Daily Record held a cocktail reception to honor past and present Nathaniel Award finalists on Oct. 18 at the Inn on Broadway. Since the Nathaniel Award's inception in 1996, many members of the legal...

NY State Court of Appeals lists filings for September 17-23, 2004.
October 26, 2004... Byline: Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never reach decision on...

Fraud claims survive motion to dismiss.
October 27, 2004... Byline: Helen Nguyen Where the plaintiff alleged the prescription drug Arava caused his wife's death, the U.S. District Court for the Western District of New York ruled the plaintiff's fraud claims were sufficiently pled to survive the...

Snowplow operator's actions did not show 'reckless disregard for the safety of others'.
October 27, 2004... Byline: Kevin M. Momot In Erie Insurance Co. a/s/o Schoen Place Auto, Inc. v. State of New York, New York State Court of Claims Judge Renee Forgensi Minarik concluded a snowplow operator did not act with "reckless disregard for the safety...

Annual Day Of Recollection set for 10 a.m. on Nov. 11.
October 27, 2004... Byline: Staff The Annual Day of Recollection, sponsored by the St. Thomas More Lawyers' Guild is set for 10 a.m. to 4 p.m on Nov. 11 at St. John Fisher College. The presenter will be Reverend Jack Healy, O.Carm, the spiritual advisor...

Arnold B. Gardner and Judge Ann T. Mikoll among annual Red Jacket Award recipients.
October 27, 2004... Byline: Fred Petersen On Tuesday, Oct. 12, the Buffalo and Erie County Historical Society hosted its 47th annual awards dinner in the Mary Seaton Room of Kleinhans Music Hall. Arnold B. Gardner, a senior partner with Kavinoky & Cook,...

Petitioner not entitled to attorney's fees.
October 28, 2004... Byline: Kevin M. Momot Where the petitioner sought attorney's fees relating to requests for documents from the respondent pursuant to the Freedom of Information Law (FOIL), the documents requested were not of "significant interest to the...

Depraved indifference murder conviction overturned.
October 28, 2004... Byline: Jill Miller A defendant who shot the victim at point-blank range and killed him did not commit depraved indifference murder. This was the finding of New York State's highest court in People v. Kenneth H. Payne. A jury acquitted...

Healthy children, soster care system focus of 'Babies Can't Wait' seminar.
October 28, 2004... Byline: Jill Miller Improving the lives of children in the foster care system was the topic of a day long continuing education program hosted by Monroe County Family Court. The program "Babies Can't Wait" focused on building...