Daily Record (Rochester, NY) articles from October 2005

Daily Record (Rochester, NY) archives from October 2005

N.Y. State Supreme Court awards $80,000 for pain, suffering.
October 3, 2005... Byline: Sarah M. Feingold Where the jury awarded zero dollars in damages to the infant plaintiff after finding the defendant negligent in running the plaintiff over with her car, the plaintiff moved for an order to set aside the jury...

Default judgment granted in copyright case by U.S. District Court, Western District of N.Y.
October 3, 2005... Byline: Helen Nguyen In a case where the plaintiffs alleged that the defendants infringed on their copyrights, the U.S. District Court for the Western District of New York granted the plaintiffs' motion for default judgment. In...

State Civil LibertiesN.Y. Civil Liberties Union unveils campaign to defend students' rights.
October 3, 2005... Byline: Daily Record Staff The New York Civil Liberties Union (NYCLU) launched a campaign to arm students with tools to resist military recruitment on their school grounds and in their homes. According to the NYCLU, recruiters are...

Rochester branch of Jaeckle Fleischmann & Mugel, LLP holds open house and art exhibit.
October 4, 2005... Byline: Nora A. Jones It's been more than a year since the Rochester branch of Jaeckle Fleischmann & Mugel, LLP took up residency at Linden Oaks and from all reports attorneys and staff have enjoyed the wooded surroundings, ground level...

Seneca County Family Court judge finds father's visitation not in child's best interests.
October 4, 2005... Byline: Sarah M. Feingold The petitioner, who was incarcerated for causing the death of his infant daughter's half-brother, sought an order directing visitation with respect to his daughter. Reviewing the facts in The Matter of...

Continuing legal education seminar to focus on practice in NY State Court of Claims.
October 4, 2005... Byline: Daily Record Staff The New York State Court of Claims is the exclusive forum for civil litigation seeking damages against the State of New York or certain other state-related entities such as the New York State Thruway Authority...

Survey finds funding, staffing woes forcing federal courts to cut public hours.
October 4, 2005... Byline: Daily Record Staff Many federal courts across the nation have reduced the hours their offices are open to the public because of funding and staffing constraints, a recent survey conducted by the Administrative Office of the U.S....

Rochester Legal Briefs: October 4, 2005.
October 4, 2005... Byline: Daily Record Staff In the Appellate Division, Fourth Department's recent decisions released on Sept. 30, a number of tort decisions were issued. These included application of the doctrine of res ipsa loquitur to a surgical...

N.Y. law firm hosts Sarbanes-Oxley Act presentation by Senator Sarbanes.
October 5, 2005... Byline: Sarah M. Feingold On Monday, Oct. 3, Harris Beach PLLC hosted "A Discussion on the Sarbanes-Oxley Act" featuring U.S. Senator Paul S. Sarbanes. The event was hosted by Congressman John J. LaFalce. Over 100 members of both large...

Laptop computer makes Rochester-based Wills Clinic more efficient.
October 5, 2005... Byline: Daily Record Staff Last week, nearly a dozen volunteers were on hand to meet with clients at AIDS Rochester, Inc. (ARI) on University Avenue for yet another in the series of Wills Clinics coordinated by Volunteer Legal Services...

N.Y. State Supreme Court denies defendant's motion to vacate sentence.
October 5, 2005... Byline: Sarah M. Feingold Where the defendant was convicted of drug charges, he moved to vacate the conviction and set aside his sentence. Reviewing the facts in People v. Douglas Worth, New York State Supreme Court, Monroe County...

Chautauqua County awarded $2M for cleanup of steel site in Dunkirk.
October 5, 2005... Byline: Daily Record Staff Over $1.9 million was granted to Chautauqua County for the cleanup of environmental contamination at the former Roblin Steel site in the City of Dunkirk. The funding is provided under the 1996 Clean Water/Clean...

Minority Bar Assn. of Western N.Y. hosts scholarship and awards dinner.
October 5, 2005... Byline: Robbi Hess For the past 23 years, the Minority Bar Association of Western New York has been honoring the best and brightest law students and recognizing those who exemplify community leadership and service to the community. ...

U.S. District Court, Western District of N.Y. rules attorney's fees requested excessive.
October 6, 2005... Byline: Helen Nguyen Finding the plaintiffs' request for $545,883 in attorney's fees to be excessive, the U.S. District Court for the Western District of New York reduced that amount to $372,953. In D. Anderson v. Rochester-Genesee...

Barrister's Pub & Meeting Place in Rochester to close after 12 years in business.
October 6, 2005... Byline: Sarah M. Feingold Over a decade ago, when restaurant owners Maria and Tom Cook bought Barrister's Pub & Meeting Place, located at 36 West Main St., they thought it would be fun to fill the menu with political and family references....

Rochester Legal Briefs: October 6, 2005.
October 6, 2005... Byline: Daily Record Staff In recent Appellate Division, Fourth Department decisions, various issues relating to real estate law, contract law and employment law were addressed. The appeals court considered issues relating to employee...

U.S. Bankruptcy Court for W. District of NY rules insurance proceeds exempt in bankruptcy.
October 7, 2005... Byline: Helen Nguyen The U.S. Bankruptcy Court for the Western District of New York recently concluded that life insurance proceeds still retained their exempt status even after they are commingled with other funds in a bank account as...

Monroe County Bar Assn. extends deadline for Crimi Award nominations.
October 7, 2005... Byline: Daily Record Staff The Monroe County Bar Association has extended the deadline for nominations for the Charles F. Crimi Award that is presented annually at the Legal Services Awards Luncheon. The deadline is 5 p.m. on Friday, Oct....

Rochester Legal Briefs: October 7, 2005.
October 7, 2005... Byline: Daily Record Staff The Appellate Division, Fourth Department's decisions issued on Friday, Sept. 30, included a ruling on the sanctioning of an attorney. CIVIL DECISION Attorney Sanction - Frivolous Conduct An...

New York State Court of Appeals lists filings for September 9-15, 2005.
October 7, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

American Bar Assn. Criminal Justice Section to cover DNA evidence, witness intimidation.
October 7, 2005... Byline: Daily Record Staff DNA evidence is proving to be monumental in criminal case after criminal case, leading to the conviction of some, and the freeing of others, sometimes after they have spent years in jail. And what can be done...

U.S. District Court for the Western District of NY denies motion to disqualify AG's office.
October 11, 2005... Byline: Helen Nguyen In a recent case before the U.S. District Court for the Western District of New York, U.S. Magistrate Judge Marian Payson denied the plaintiff's motion to disqualify the New York State Attorney General's Office from...

NY Supreme Court upholds school superintendent's decision to suspend student.
October 11, 2005... Byline: Sarah M. Feingold Where a 17-year-old was suspended after a superintendent's hearing where he was unable to present evidence or witnesses, his father sought an order to reverse the decision and require immediate alternative...

U.S. Sentencing Commission reports on court response to 'Booker' and 'Fanfan'.
October 11, 2005... Byline: Daily Record Staff Federal courts continue to punish more than 60 percent of convicted criminals within guidelines set by the U.S. Sentencing Commission despite a U.S. Supreme Court decision that made the guidelines advisory,...

Monroe County Bar Association to hold annual Memorial Service.
October 11, 2005... Byline: Daily Record Staff The Monroe County Bar Association's Memorial Committee will hold its annual Memorial Service honoring those from the bench and bar who passed away in the last year. The service is scheduled for 12:30 p.m. on...

Broome County Grand Jury indicts seven in Binghamton drug distribution ring.
October 11, 2005... Byline: Daily Record Staff A Broome County Grand Jury indicted seven individuals on felony narcotics charges for allegedly participating in a crack cocaine distribution ring in the Binghamton area. The investigation was conducted by...

Woodworking skills of Livingston County judge on display in Geneseo, NY.
October 11, 2005... Byline: Nora A. Jones The Lockhart Gallery in Geneseo is currently featuring the work of a local artist who is often greeted as "Your Honor." That would be Livingston County Court Judge Gerard Alonzo and his "Works in Wood" display in the...

Personal relationship between attorney and client leads to multitude of claims.
October 12, 2005... Byline: Sarah M. Feingold Where the plaintiff client and the defendant attorney engaged in a consensual sexual relationship, the plaintiff asserted various claims, including battery, intentional infliction of mental distress and breach of...

CPAs surpass attorneys in 'brain game' challenge.
October 12, 2005... Byline: Nora A. Jones A prudent wager at the end of the championship round allowed the team from Mengel Metzger Barr & Co. to win first place in this year's Brain Game, after surviving three rounds of competition against various teams. All...

Rochester attorney Robert Kessler honored for his philanthropy.
October 12, 2005... Byline: Sarah M. Feingold Over 400 people attended the 14th annual Rochester Area Community Foundation Philanthropy Awards on Wednesday, Oct. 5. The Philanthropy Awards honor individuals, families and organizations whose gifts best...

NY State Bar Assn. seeks to increase television coverage of appellate courts.
October 12, 2005... Byline: Daily Record Staff New York State Bar Association President A. Vincent Buzard appointed a task force to find and implement ways to increase television coverage of proceedings in the appellate courts. "We regret that trials...

Annual Western District Federal Court Dinner held in Batavia.
October 13, 2005... Byline: Sarah M. Feingold The Annual Western District Federal Court Dinner was held on Thursday, Oct. 6 in Batavia. This dinner, sponsored by The Daily Record and Thomson-West, allowed judges and local attorneys to meet, network, eat...

Comprehensive and practical treatise for commercial litigator in New York is published.
October 13, 2005... Byline: Michael Wolford On Nov. 6, the Commercial Division of the New York State Supreme Court will celebrate its 10th anniversary. It is most appropriate that this milestone will be commemorated following the recent publication of the...

Rochester Black Bar Association to present achievement awards.
October 13, 2005... Byline: Daily Record Staff The Rochester Black Bar Association (RBBA) will celebrate the 40th anniversary of Voting Rights Act of 1965 and present its 2005 Lifetime Achievement, Pioneer and Community Service Awards to three recipients from...

Witness found not guilty on perjury charges by federal court.
October 14, 2005... Byline: Helen Nguyen Concluding there was insufficient evidence to support the perjury charges against the defendant in United States v. Asandrov, the U.S. District Court for the Western District of New York found the defendant not guilty...

Ex-employee's age, race discrimination claims dismissed by federal court.
October 14, 2005... Byline: Sarah M. Feingold Where the plaintiff alleged employment discrimination based on race and age and the defendant moved for summary judgment, the court reviewed the facts to determine whether the plaintiff made a case under either...

Attorney General Spitzer in Rochester to announce agreement with eBay.
October 14, 2005... Byline: Daily Record Staff Attorney General Eliot Spitzer was in Rochester on Tuesday, Oct. 11, to announce that the Attorney General's office has worked with eBay to help prevent shipments of stun guns and other illegal weapons in New...

NY State Conference of Bar Leaders seeks nominations for awards of merit.
October 14, 2005... Byline: Daily Record Staff The New York State Conference of Bar Leaders is seeking nominations from local bar associations throughout the state for its 2005 Awards of Merit. The awards honor local bar associations for their innovative and...

Rochester Court Watch Case Summaries: October 14, 2005.
October 14, 2005... Byline: Daily Record Staff In criminal law decisions, the Appellate Division, Fourth Department addressed issues including waiver of indictment, sufficiency of proof at trial and evidentiary issues. CRIMINAL DECISIONS Guilty Plea...

New York State Court of Appeals lists more filings for September 16-22, 2005.
October 14, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Rochester's Phillips Lytle LLP listed in Corporate Counsel and National Law Journal's annual survey.
October 14, 2005... Byline: Daily Record Staff Phillips Lytle LLP was recently listed in Corporate Counsel and the National Law Journal's annual "Who Represents America's Biggest Companies" survey. Phillips Lytle was acknowledged for its work with DuPont in...

Attorney's fees awarded in disability action.
October 17, 2005... Byline: Helen Nguyen In a disability case where the plaintiff prevailed, the U.S. District Court for the Western District of New York determined the plaintiff was entitled to attorney's fees in the amount of $38,116.50. In Richard...

Defendant did not have control over employee.
October 17, 2005... Byline: Sarah M. Feingold Where the decedent died as a result of a fall at work, the administrator of his estate brought an action alleging violations of Sections 200, 240 and 240 of the New York Labor Law. Reviewing the facts in...

Webster attorney Paloma Capanna to run for Congress in 2006.
October 17, 2005... Byline: Daily Record Staff Attorney Paloma A. Capanna recently announced her candidacy for the 25th Congressional District of New York. She will run on the Democratic ticket. "This is a moment I have worked towards since I was 10 years...

Rochester Legal Briefs October 17, 2005.
October 17, 2005... Byline: Daily Record Staff In Appellate Division decisions, the Fourth Department ruled on whether psychological evidence was needed in a proceeding brought to obtain visitation at a correctional facility. In another proceeding, the...

Amended administrative orders issued for Erie County courts.
October 17, 2005... Byline: Daily Record Staff The following is an amended administrative order relative to the filing of a Request for Judicial Intervention with respect to related cases in the courts of Erie County, effective immediately. The order amends...

U.S. Bankruptcy Court judge denies claim for loss on stock transaction.
October 18, 2005... Byline: Sarah M. Feingold Where the claimant instructed his securities brokerage to sell a stock and the broker failed to complete the desired transaction, the claimant transferred the custody of the stock to another broker and filed a...

Greater Rochester Assn. for Women Attorneys' Mentoring Program kicks off new year.
October 18, 2005... Byline: Nora A. Jones Audrey Peartree is chairing the Mentoring Program for the Greater Rochester Association for Women Attorneys this year, and she is seeking more mentors. On Thursday, Oct. 6 Peartree held an informal "group mentoring"...

Monroe County Bar Association sponsors annual trusts and estates program.
October 18, 2005... Byline: Daily Record Staff The Monroe County Bar Association and Estate Planning Council are bringing Louis Mezzullo to Rochester to speak at the program "Estate & Succession Planning with Family Limited Partnerships, LLCs and...

Rochester home sales up in September.
October 18, 2005... Byline: Sarah M. Feingold Year-to-date existing single-family home sales are up 4.6 percent compared to 2004, and are down 22.8 percent compared to last month, according to statistics released by the Greater Rochester Association of...

Rochester Black Bar holds Annual Awards Dinner.
October 19, 2005... Byline: Nora A. Jones Accepting the Lifetime Achievement Award at the Rochester Black Bar Association's Annual Awards & Scholarship Dinner, U.S. Magistrate Judge Hugh Scott acknowledged that he did not get where he is on his own. ...

N.Y. State Supreme Court rules inventory search of vehicle deemed proper.
October 19, 2005... Byline: Sarah M. Feingold Where the defendants' vehicle was legitimately stopped by the police for having no license plate on the front bumper, the police ran a search and found that the vehicle registration was suspended for no insurance....

Nathaniel Awards luncheon celebrates a decade.
October 19, 2005... Byline: Daily Record Staff The Daily Record established the Nathaniel Award in 1996 as a way to recognize individuals and organizations in the Rochester community who have gone above and beyond the call of duty in the name of justice. ...

Trademark infringement case remanded to district court.
October 20, 2005... Byline: Helen Nguyen Finding the district court erred in denying the plaintiff's motion for a preliminary injunction in a trademark infringement case, the U.S. Court of Appeals for the Second Circuit vacated the district court's decision...

Sexual abuse petition dismissed due to lack of evidence.
October 20, 2005... Byline: Sarah M. Feingold Where the caseworker filed a petition alleging that a minor's step-father sexually abused her, the court determined that the petitioner must prove by a preponderance of the evidence that the sexual abuse occurred....

VLSP's Debt Collection Advice Clinic and the new clinic coordinator.
October 20, 2005... Byline: Nora A. Jones The Volunteer Legal Services Project Debt Collection Advice Clinic is not new, but the person coordinating the clinic is new to VLSP and comes to the position with a unique history. Phuong (Fawn) Ta considers herself...

Plaintiff's defamation claim dismissed.
October 21, 2005... Byline: Sarah M. Feingold Where the plaintiff claimed that the headline of a news article was defamatory in nature, the court initially determined whether the headline was a "fair index of the article with which it appears." Reviewing...

Volunteer Legal Services Project's debt clinic and its coordinator Phuong Ta.
October 21, 2005... Byline: Nora A. Jones The Debt Collection Advice Clinic run by Monroe County's Volunteer Legal Services Project was featured in part one of this series. Today's focus is on the young woman coordinating the clinic. Phuong (Fawn) Ta...

The bewitching hour for middle class families fast approaching.
October 21, 2005... Byline: Daily Record Staff The bewitching hour is near for some middle class families. The powers that be have thrown all of the ingredients for a witch's economic brew into the cauldron and soon the spell will be cast. "If you think...

Rochester Legal Briefs: October 21, 2005.
October 21, 2005... Byline: Daily Record Staff In Appellate Division, Fourth Department civil decisions, the court reviewed issues where insurance companies were the plaintiffs. Also reviewed were issues involving the continuous treatment doctrine in a...

Summary judgment denied and reverter clause upheld.
October 21, 2005... Byline: Sarah M. Feingold Where a deed contained a reverter clause providing that property would revert to the City of Buffalo upon the discontinuance of a hospital for the care of mentally retarded patients, the court examined whether...

Celebrating a decade of The Daily Record's Nathaniel Award.
October 24, 2005... Byline: Kevin M. Momot Over 40 individuals and organizations in the legal community, representing The Daily Record's Nathaniel Award recipients from 1996 to 2004, were recognized at this year's awards luncheon held on Wednesday, Oct. 19...

Harris Beach law firm looks for historical anecdotes to celebrate its 150th anniversary.
October 24, 2005... Byline: Daily Record Staff To celebrate the firm's 150th anniversary, Harris Beach PLLC, originally known as Ives & Harris, is asking permission to borrow and reproduce any photographs and learn of any anecdotes or stories members of the...

New program pairs Rochester law students with attorneys for pro bono cases.
October 24, 2005... Byline: Helen Nguyen Many law students are looking for opportunities to apply what they learn in the classroom to the real world. At the same time, many attorneys are looking for opportunities to apply their legal knowledge and skills to...

NY State Court of Appeals lists filings for September 23-29, 2005.
October 24, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Employment discrimination, retaliation claims against Verizon focus of action in NY federal court.
October 25, 2005... Byline: Helen Nguyen In a case where three former employees of Verizon Wireless claimed they were subjected to a hostile work environment and that the company failed to properly address their claims of discrimination, the U.S. District...

Judicial candidates respond to questions at Greater Rochester Assn. for Women Attorneys program.
October 25, 2005... Byline: Nora A. Jones With Election Day just around the corner, the Greater Rochester Association for Women Attorneys hosted its 22nd annual Judicial Candidates' Luncheon on Oct. 20. Held at the Rochester Riverside Convention Center, close...

Monroe County Court judge rules inventory search of vehicle by police proper.
October 25, 2005... Byline: Sarah M. Feingold Where an officer stopped a vehicle for an expired registration and subsequently seized tangible evidence, the defendant moved to suppress the evidence and his statements to police. Reviewing the facts in...

New York Task Force on Court Security releases report.
October 25, 2005... Byline: Daily Record Staff The Task Force on Court Security, convened by New York State Chief Judge Judith S. Kaye and Chief Administrative Judge Jonathan Lippman in March to conduct-to-bottom analysis of New York's court security...

NY State Court of Appeals lists filings for September 23-29, 2005.
October 25, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

N.Y. State Supreme Court, Monroe County denies disclosure request from hospital.
October 26, 2005... Byline: Kevin M. Momot Where the plaintiff brought a motion for disclosure of reports made to a hospital's patient relations representative and requested the identity of the source of information set forth in a letter from the...

N.Y. State Lawyer Assistance Trust holds statewide conference.
October 26, 2005... Byline: Sarah M. Feingold The purpose of the New York State Lawyer Assistance Trust (LAT) is to provide statewide leadership and financial assistance to existing programs for the prevention and treatment of alcohol and substance dependency...

New bankruptcy law's require consumer credit counseling.
October 26, 2005... Byline: Daily Record Staff The saying "drowning in debt" is applied to people whose finances are out of control. For credit counseling agencies, there soon may be a new saying, "drowning in debtors." "With the new Bankruptcy Abuse...

U.S. District Court, W. District of NY examines personal liability for trademark infringement.
October 27, 2005... Byline: Sarah M. Feingold Where the plaintiff alleged trademark infringement by the defendant company and the three shareholders, the court examined whether the agency contract would cause the individuals to be held personally liable for...

Student advocates representing law schools nationwide gather in Buffalo, NY.
October 27, 2005... Byline: Daily Record Staff Thirty teams of student advocates representing 23 law schools from New York to California will be descending upon the courtrooms of downtown Buffalo today through Sunday, Oct. 30 as the University at Buffalo Law...

New York Unified Court System publishes voter guide on judicial candidates.
October 27, 2005... Byline: Daily Record Staff With the 2005 general election, the New York State Unified Court System will begin publishing an online voter guide for the public with nonpartisan information about candidates for judicial office. Increasing...

Staples pays United States $7.4 Million to resolve False Claims Act allegations.
October 27, 2005... Byline: Daily Record Staff Staples Contract and Commercial, a division of office products giant Staples, Inc., has paid the United States $7.4 million to settle allegations that it submitted false claims when it sold office supply products...

Rochester Legal Briefs: October 27, 2005.
October 27, 2005... Byline: Daily Record Staff The Appellate Division, Fourth Department criminal law decisions reviewed issues relating to sentencing, including waiver of the right of appeal and the length of sentences. The sufficiency of evidence in a...

New York State Court of Appeals lists filings for September 23-29, 2005.
October 27, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Special condition imposed on defendant's supervised release leads to resentencing.
October 28, 2005... Byline: Helen Nguyen In United States v. Duane Arthur Myers, the defendant, who pleaded guilty to receiving child pornography, contested a special condition that the U.S. District Court for the Western District of New York imposed on his...

NY State Supreme Court, Saratoga County rules candidate's nomination petition signature valid.
October 28, 2005... Byline: Sarah M. Feingold Where the petitioner filed an independent nominating petition containing 588 signatures and the Board of Elections invalidated 154 signatures, leaving the petitioner 46 short of the minimum needed, the board...

NY State Supreme Court, Onondaga County denies student's petition to play sports.
October 31, 2005... Byline: Sarah M. Feingold Where a 17-year-old high school student was prohibited from participating in sports, he filed a petition seeking an injunction to allow him to participate in all high school interscholastic sports. Reviewing...

Twenty-One Monroe County Mental Health Court graduates honored.
October 31, 2005... Byline: Dale Hall Two-and-a-half years after the Monroe County Mental Health Docket opened its doors, there is cause for celebration. Twenty-one former defendants in the specialty court for mentally ill defendants were recently honored...

NY State Bar seeks nominations for Outstanding Young Lawyer Award.
October 31, 2005... Byline: Daily Record Staff The Young Lawyers Section of the New York State Bar Association is seeking nominations for its 2006 Outstanding Young Lawyer Award. Each year, the award recognizes an attorney who has actively practiced less...