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Paralegal Profiles: Lorraine Nier.
October 2, 2006... Byline: Tara E. Buck
Lorraine Nier has come a long way from waiting tables in Texas, where she and some friends ventured upon graduation from high school. "I just couldn't' be waiting tables for the rest of my life," she said, and after...
Government Accounting Office report shows decline in judicial earning power.
October 3, 2006... Byline: Daily Record Staff
Reprinted from The Third Branch (Vol. 38, No. 9 -- September 2006), the newsletter of the federal courts, with permission from the Administrative Office of the U.S. Courts. First the good news: the basic pay...
PayPal settlement with 28 U.S. Attorneys General adds customer protections.
October 3, 2006... Byline: Daily Record Staff
PayPal, Inc. has signed an agreement with 28 U.S. Attorneys General that resolves concerns about the company's business practices. The agreement provides that PayPal will, among other things, shorten and...
Title insurance practices in N.Y. focus of public hearing.
October 4, 2006... Byline: Daily Record
The New York State Insurance Department will conduct a public hearing on the state's title insurance industry practices next month in its New York City office. "Title insurance protects homeowners from future claims...
Rochester Legal Briefs: October 4, 2006.
October 4, 2006... Byline: Daily Record
In Appellate Division, Fourth Department decisions, the issues raised included whether the right of confrontation applied to a probation violation hearing, whether a viewing by two witnesses of a defendant was unduly...
N.Y. State Court of Appeals lists more September filings.
October 4, 2006... Byline: Daily Record
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...
Task Force on the Future of Probation seeking comment.
October 5, 2006... Byline: Daily Record Staff
The Task Force on the Future of Probation, appointed by Court of Appeals Chief Judge Judith S. Kaye, will hold a series of public hearings in October to address the issue of strengthening probation in the state....
Three senators say judge's decision may hurt churches.
October 5, 2006... Byline: Daily Record Staff
Three senators have asked U.S. Attorney General Alberto Gonzales to correct a ruling made by a judge in U.S. Bankruptcy Court, Northern District of New York that they say misinterprets the new bankruptcy law....
Current Communications $10M expansion in Henrietta.
October 5, 2006... Byline: Daily Record Staff
Current Communications recently expanded its operations in Monroe County, moving into a 52,000 sq. ft. facility in Henrietta. A ribbon-cutting ceremony including County Executive Maggie Brooks and Current...
Rochester Legal Briefs: October 5, 2006.
October 5, 2006... Byline: Daily Record Staff
In Appellate Division, Fourth Department decisions, the court addressed criminal law issues, including sufficiency of the evidence, an illegal sentence, and admissibility of hearsay at trial. CRIMINAL DECISIONS...
Beyond The Office: Attorney Sarah Feingold's jewelry is one of a kind.
October 5, 2006... Byline: Helen Nguyen
Attorney, former reporter for The Daily Record, and now Sarah Feingold can add "Winner of the Ugliest Necklace in America contest" to her resume. This summer, the 26-year-old entered a national contest sponsored by...
Eminent domain limited in New York State.
October 5, 2006... Byline: Tara E. Buck
Legislation was signed Tuesday limiting the use of eminent domain by electric and gas companies in New York. "We must ensure that the legal power to take lands for public benefit is used appropriately," Gov. George...
US District Court for W. District of NY dismisses negligence claims against Harley-Davidson.
October 6, 2006... Byline: Helen Nguyen
There was insufficient evidence that the plaintiff's injuries from a motorcycle accident were the result of Harley-Davidson's negligence in the manufacturing or the design of the motorcycle, ruled the U.S. District...
Concert to benefit Buffalo Public Interest Law Program.
October 6, 2006... Byline: Daily Record Staff
Two University at Buffalo Law School professors and two second-year law students will be among the featured performers at a benefit concert to raise scholarship funds for students pursuing internships and careers...
Dept. of Justice grants $125M for DNA Initiative.
October 6, 2006... Byline: Daily Record Staff
The Department of Justice (DOJ) awarded more than $125 million in grants nationwide as part of President George W. Bush's DNA Initiative, Advancing Justice Through DNA Technology, and for other crime-solving...
Keeping Your Balance: A look at year-end tax planning strategies.
October 6, 2006... Byline: Kevin McPherson
Individual income taxes are probably one of your largest annual expenditures. So, just as you would shop around for the best price for a car, you should consider opportunities to reduce or defer your annual tax...
Latest disciplinary rulings from the Appellate Division, Fourth Dept.
October 6, 2006... Byline: Daily Record Staff
The following disciplinary matters were handed down by the Appellate Division, Fourth Department in decisions filed Sept. 29. Matter of M. Helene Hamlin, an attorney, respondent. Grievance Committee of the Fifth...
A fresh look at outsourcing.
October 10, 2006... Byline: Tara E. Buck
Attorney A. Vincent Buzard, head of the Harris Beach PLLC appellate practice group, believes there are many reasons attorneys should outsource their appellate work. Not the least of those reasons is giving a case "a...
Literacy Volunteers of Rochester 's Brain Game 2006.
October 10, 2006... Byline: Daily Record
Teams of attorneys squared off against teams of accountants and financial firm representatives on the evening of Oct. 5 for the sixth annual Brain Game, held at the Clarion Riverside Hotel. Sponsored by the Literacy...
Onondaga County judge joins Fourth Department bench.
October 11, 2006... Byline: Tara E. Buck
Gov. George Pataki on Oct. 6 appointed Judge John V. Centra of Fayetteville, Onondaga County, as a justice on the Appellate Division, Fourth Department bench. Judge Centra, 49, was elected in November 1999 to a...
U.S. District Court, Western District of N.Y. rules Delaware proper venue for employment dispute.
October 11, 2006... Byline: Helen Nguyen
The District of Delaware was the proper venue for an employment dispute where the plaintiff asserted claims for unlawful termination, breach of contract and breach of fiduciary duty. In C. Henrich v. J. Field, et al.,...
Campaign for Justice 2006 celebrating 21st year.
October 11, 2006... Byline: Daily Record
Campaign for Justice 2006 is in its 21st year and is one of the most successful civil legal service fund-raising campaigns in the country. Last year, the campaign raised $230,250 and distributed the money to three...
MD Court of Appeals lists more September filings.
October 11, 2006... Byline: Daily Record
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...
Latest disciplinary rulings from the MD Appellate Division, Fourth Dept.
October 11, 2006... Byline: The Daily Record
The following disciplinary matter was handed down by the Appellate Division, Fourth Department in decisions filed Sept. 29: Matter of David Antonucci, an attorney, respondent. Grievance Committee of the Fifth...
Letter to the Editor.(Letter to the editor)
October 12, 2006... The following comments relate to an article entitled Bankruptcy Reform Act Adding Insult to the Injured, which appeared in the Sept. 6 edition of Long Island Business News, a sister publication to The Daily Record. The original article,...
Air pollution suit targets Rochester Gas & Electric Co.
October 13, 2006... Byline: Daily Record Staff
The state Attorney General's Office and the Department of Environmental Conservation (DEC) announced plans to sue Rochester Gas & Electric Co. for alleged longstanding violations of clean air laws at one of the...
Oracle Corp. to pay $98.5M for alleged false pricing info.
October 13, 2006... Byline: Daily Record Staff
Oracle Corp. has agreed to pay the United States government $98.5 million to settle its liability for defective pricing disclosures made by PeopleSoft Inc. during the negotiation of a contract under the General...
Nominations sought for Bar Association of Erie County leaders.
October 13, 2006... Byline: Daily Record Staff
The Bar Association of Erie County is seeking active, involved leaders to run for officer and director positions for the 2007-08 year. The Nominating Committee chaired by President Stephen R. Lamantia is now...
Rochester seeks aid in line with Buffalo, Syracuse.
October 16, 2006... Byline: Tara E. Buck
Rochester is no longer the economic oasis upstate it once used to be and will require more state aid to stave off job losses and increaes in crime, Mayor Robert J. Duffy said Wednesday. The mayor and City Council...
State of New York requires $451M cleanup of Onondaga Lake.
October 16, 2006... Byline: Daily Record Staff
The state has reached an agreement with Honeywell International Inc. requiring the company to implement a $451 million remediation plan to address hazardous waste contamination in the Syracuse-area lake. The...
Xerox CEO receives Luminary Award.
October 16, 2006... Byline: Daily Record Staff
The Committee of 200, an organization of the world's top women business owners and corporate leaders, honored Xerox Corp. CEO Anne Mulcahy with the Corporate Innovator Luminary Award on Friday during its annual...
Rochester Legal Briefs: October 16, 2006.
October 16, 2006... Byline: Daily Record Staff
In Appellate Division, Fourth Department civil decisions, among the issues addressed were the application of Workers' Compensation Law to a negligence and products liability suit, and the assumption of risk in a...
New York State Court of Appeals Chief Judge recalls jury system modernization.
October 17, 2006... Byline: Daily Record Staff
The pending retirement of Chief Judge Judith S. Kaye from the New York State Court of Appeals has prompted her to speak more frequently on the issues that have shaped her tenure, and in the cover article of the...
Average sale prices of existing single-family homes up in September.
October 17, 2006... Byline: Kevin M. Momot
Year-to-date existing single-family home sales are down slightly by 2.2 percent compared to 2005, and have decreased by 24.5 percent compared to last month. According to the Greater Rochester Association of...
Rochester Legal Briefs: October 17, 2006.
October 17, 2006... Byline: Daily Record Staff
In recent Appellate Division, Fourth Department decisions, issues raised included the sufficiency of evidence at Grand Jury and the propriety of denying a suppression motion without a hearing. In an appeal from...
Second Circuit upholds wage freeze against Buffalo school district employees.
October 18, 2006... Byline: Helen Nguyen
A wage freeze enacted against teachers, principals, bus drivers and other employees of the City of Buffalo's school district is constitutional, ruled the U.S. Court of Appeals for the Second Circuit. In Buffalo...
Woonsocket, R.I.-based CVS Corp. pays fine for sweepstakes violation.
October 18, 2006... The CVS Corp. has agreed to pay $152,000 in civil penalties after violating a previous settlement related to sweepstakes offers. CVS settled allegations that its sweepstakes failed to provide an in-store method of entering the sweepstakes for...
Rochester Legal Briefs: October 18, 2006.
October 18, 2006... Byline: Daily Record Staff
In civil decisions, the Appellate Divison, Fourth Department addressed whether a will was a forgery. In a Monroe County appeal, the appeals court held that the county was not liable for a delay in identifying a...
Rochester Judge King called to serve.
October 19, 2006... Byline: Tara E. Buck
Rochester City Court Judge Roy Wheatley King was born in 1936 on Cat Island in the Bahamas to a seamstress and a carpenter. He came to Brooklyn with his mother and three sisters the day after he graduated from St....
Rochester Legal Briefs: October 19, 2006.
October 19, 2006... Byline: Daily Record Staff
In Family Court appeals, the Appellate Division, Fourth Department addressed the proposed out-of-state relocation of a parent with children; and in another appeal, whether a mother willfully violated a father's...
Class Action Fairness Act spurred hike in federal cases.
October 20, 2006... Byline: Daily Record Staff
Federal courts have experienced a substantial increase in the number of class action cases since the Class Action Fairness Act of 2005 (CAFA) was enacted, a study shows. The Federal Judicial Center is conducting...
Summary judgment granted to defendants in defective design claim.
October 20, 2006... Byline: Helen Nguyen
In a case where the plaintiff was injured after receiving an electrical shock from a machine, the U.S. District Court for the Western District of New York in Jeffrey T. and Denise LaBarge v. Joslyn Clark Controls, Inc....
Monroe County Bar Assn. evaluates additional judicial candidates.
October 20, 2006... Byline: Daily Record Staff
The Monroe County Bar Association released its ratings of three candidates who recently announced their intent to seek election as justice of New York State Supreme Court and Rochester City Court. The MCBA has a...
CBS Radio settles payola allegations with N.Y. State Attorney General's office.
October 21, 2006... Byline: Daily Record Staff
In an investigation by the New York State Attorney General's office, certain stations owned by CBS Radio, Inc. allegedly solicited illegal financial benefits, vacation packages, gift cards and other items from...
US District Court, Western District of N.Y. Judge Telesca to receive Jaeckle Award.
October 21, 2006... Byline: Daily Record Staff
U.S. District Court, Western District of New York Judge Michael A. Telesca, whose career on the bench has encompassed county, state and federal judgeships, will receive the 2006 Edwin F. Jaeckle Award from...
N.Y. State Court of Appeals list more September filings.
October 23, 2006... Byline: Daily Record Staff
A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...
Rochester Drug Treatment Court continues to make a difference.
October 24, 2006... Byline: Helen Nguyen
The courtroom is typically a place where cases are won and lost, and where individuals are charged and sentenced. Last Friday, however, courtroom 7 at the Hall of Justice was a place of celebration and joy for the more...
'Daily Record' in Rochester announces Nathaniel Award nominees.
October 25, 2006... Byline: Daily Record Staff
The nominees for the 11th annual Nathaniel Awards luncheon were announced live on WHAM 1180 Brenna & Brenna Law Forum this past Sunday. If you missed the radio broadcast, here's a recap. Being recognized this...
GRAWA's latest judicial candidate evaluations announced.
October 26, 2006... Byline: Daily Record Staff
The Judicial Evaluation Committee (JEC) of the Greater Rochester Association for Women Attorneys (GRAWA) reconvened recently to review the qualifications of Rochester City Court candidate Paul D. Irving. In...
Volunteers of American of Western NY receives accreditation for community corrections work.
October 26, 2006... Byline: Tara E. Buck
Volunteers of America (VOA) of Western New York was recently awarded national accreditation by the American Correctional Association (ACA) for its Community Corrections Center in Rochester. The center has been open...
Former Enron CEO sentenced to 24 years.
October 26, 2006... Byline: Daily Record Staff
Former Enron Chief Executive Officer Jeffrey K. Skilling has been sentenced to 24 years and four months in prison on conspiracy, securities fraud and other charges related to the collapse of Enron Corp. In...
New York State Court of Appeals lists September 22-28 filings.
October 26, 2006... Byline: Daily Record Staff
A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...
NY bar associations to hold forums entitled "Is Our Legal Community Family-Friendly Enough?".
October 27, 2006... Byline: Daily Record Staff
Last year, the Greater Rochester Association for Women Attorneys, in conjunction with the Monroe County Bar Association and The Daily Record, conducted a survey to assess maternity/child care/family leave...
Mental Health Treatment Court to open in Lackawanna, NY.
October 27, 2006... Byline: Daily Record Staff
The Lackawanna City Court, under the direction of Presiding Judge Frederic J. Marrano, will hold a grand opening of its Mental Health Treatment Court at 4 p.m. on Nov. 2 at Ridge Road in Lackawanna. Through court...
NY State Unified Court System publishes guide to judicial candidates.
October 27, 2006... Byline: Daily Record Staff
For the 2006 general election, the New York State Unified Court System has published an online voter guide for the public with nonpartisan information about candidates for elective judicial office. For candidates...
21st annual Campaign for Justice to support Monroe County free legal services scheduled for Nov.
October 27, 2006... Byline: Daily Record Staff
The legal community's fund drive to support Monroe County free legal services for the poor, will be held on Nov. 14, 15, and 28. More than 100 volunteers will call lawyers and local businesses to raise money for...
Monroe County Integrated Domestic Violence Court selected for study.
October 30, 2006... Byline: Daily Record Staff
The Monroe County Integrated Domestic Violence (IDV) Court has been selected as the site for more extensive testing of the impact of judicial monitoring on recidivism of domestic violence offenders, a release...
Call for nominations: NYSBA's Outstanding Young Lawyer Award.
October 31, 2006... Byline: Daily Record Staff
The Young Lawyers Section of the New York State Bar Association is seeking nominations for its 2007 Outstanding Young Lawyer Award. Each year, the award recognizes an attorney who has actively practiced less than...
Federal Court Dinner for the Western District of New York holds dinner in Batavia.
October 31, 2006... Byline: Daily Record Staff
The annual Federal Court Dinner for the Western District of New York was held at the Terry Hills Golf Course in Batavia on the evening of Oct. 26. The crowd was one of the largest drawn for the dinner, U.S....
New York Court of Appeals lists filings for Oct. 6 through 12, 2006.
October 31, 2006... Byline: Daily Record Staff
A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week. Some of these filed appeals may never reach decision on the merits because of dismissal on...