Daily Record (Rochester, NY) articles from September 2003

Daily Record (Rochester, NY) archives from September 2003

U.S. District Court for W. District of NY rules witness's testimony was within court's discretion.
September 2, 2003... Byline: Jill Miller Did the trial court err when it allowed a prosecution witness to testify as to a statement the petitioner allegedly made? Did a photograph of the victim's gunshot wound prejudice the petitioner's right to a fair...

"Discourteous conduct degrading to tribunal" gets Cleveland attorney a six-month suspension.
September 2, 2003... Byline: Nora A. Jones Do the Rules of Professional Conduct govern an attorney's statements made within the context of a motion? Can an attorney be disciplined for writing a passionate pleading that questions the court's impartiality?These...

Finger Lakes Community College's paralegal program receives American Bar Assn. approval.
September 2, 2003... Byline: Staff The associate in applied science paralegal degree program at Finger Lakes Community College recently became one of only four programs in Western/Central New York to earn approval from the American Bar Association. After a...

Changes in NY's tax law requires nonresidents to pay income tax on gain from sale of real property.
September 2, 2003... Byline: Staff Changes in New York's tax law now require nonresidents to pay an estimated personal income tax on any gain from the sale or transfer of fee simple interests in real property located in the state. Effective for transfers after...

NY State Court of Appeals lists filings for Aug. 8-14, 2003.
September 2, 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...

Bishop Henry Mansell to celebrate Red Mass.
September 3, 2003... Byline: Staff Bishop Henry Mansell will be the principal celebrant and homilist at the annual Red Mass to be held at 12:05 p.m. on Monday, Sept. 29, 2003 at St. Joseph's Cathedral in Buffalo. Honorable John Rogowski, judicial hearing...

Greater Rochester Assn. for Women Attys. releases Family Court candidates' ratings.
September 3, 2003... Byline: Staff The Greater Rochester Association for Women Attorneys has rated two additional candidates running for Monroe County Family Court. They are:Julie Gordon - Qualified.Dandrea L. Ruhlmann - Qualified.GRAWA's judicial rating...

'Up & coming' attorneys to be spotlighted.
September 3, 2003... Byline: Staff Is there an associate in your firm who deserves special recognition for going above and beyond in day-to-day legal assignments? Have you been impressed with the talent and dedication of a recent law graduate? Has one of your...

Supreme Court law library to close, relocate.
September 3, 2003... Byline: Staff The Supreme Court Library at Buffalo, which has resided at Old County Hall, 92 Franklin St., for well over a century, will move to 77 W. Eagle St. in September. The library will be closed for the move for two weeks, from the...

Successor insurance companies fail to prove they have no duty to defend injured party.
September 3, 2003... Byline: Jill Miller Do the plaintiff insurers have a duty to defend the defendant in an action by Jersey Dental Labs pending in the U.S. District Court for the District of Delaware?This was the central question before New York State...

Exhaustion of administrative remedies required.
September 3, 2003... Byline: Robbi Hess Did defense counsel's failure to file a dispositive motion by the deadline negate the plaintiff's failure to exhaust administrative remedies in an action seeking relief for violation of an inmate's Eighth Amendment...

Appellate Division, Fourth Department to hold court in Wayne County Sept. 11.
September 3, 2003... Byline: Staff The Appellate Division, Fourth Department is continuing its "Have Gavel Will Travel" sessions. The next session will convene in Lyons, Wayne County, on Thursday, Sept. 11, 2003 for the first time in the court's 107-year...

Civil discontinuance rules amended.
September 4, 2003... Byline: Staff Chief Administrative Judge Jonathan Lippman has amended, effective immediately, section 202.28 of the Uniform Civil Rules of the Supreme and County Courts, relating to discontinuance of civil actions, to read as follows:s....

NY State Court of Appeals lists filings from Aug. 15-21, 2003.
September 4, 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...

18-year-old charged with development, release of computer worm.
September 4, 2003... Byline: Staff In a complaint filed in Seattle, Jeffrey Lee Parson, age 18, was charged with intentionally causing and attempting to cause damage to a protected computer, in violation of 18 USC s.s. 1030(a)(5)(A)(i), 1030(a)(5)(B)(i),...

Virtual non-response to motion for bill of particulars leads to indictment's dismissal.
September 4, 2003... Byline: Jill Miller Should the indictment against the defendant be dismissed, or in the alternative the complainant's testimony precluded, because the prosecution failed to comply with a court order granting a motion for a bill of...

Bendix Corp. retirees establish valid contract claim.
September 4, 2003... Byline: Robbi Hess Did the defendant fail to honor its obligations under a 27-year-old guaranty? Was the language in the guaranty clear and unambiguous and should summary judgment be granted to the plaintiffs?These were the issues at bar...

Buffalo hearing to address judicial election campaigns.
September 4, 2003... Byline: Staff The Commission to Promote Public Confidence in Judicial Elections will conduct a public hearing in the City of Buffalo.The hearing is set for 11 a.m. to 5 p.m. on Tuesday, Sept. 23, 2003 in Old County Hall, 92 Franklin St.,...

Domestic violence clients focus of attorney training.
September 5, 2003... Byline: Nora A. Jones Did you become a lawyer to help others? Here's an opportunity you don't want to miss.Nicki's Hope, a collaborative effort of the Legal Aid Society, Greater Rochester Association for Women Attorneys and Volunteer...

Rochester Legal Briefs September 5, 2003.
September 5, 2003... Byline: Jill Miller Charges StandA motion to reduce or dismiss the indictment against the defendant is denied.The defendant is charged with two counts of Course of Sexual Conduct Against a Child in the First Degree."Dismissal of an...

Enforcement of cigarette sales regulations challenged by two at Seneca Indian Nation.
September 5, 2003... Byline: Nora A. Jones Does N.Y. Public Health Law s. 1399-II unconstitutionally infringe on plaintiffs' rights as Indians? Is the statute preempted by federal legislation that already governs common and contract carriers?In assessing...

'Harsh' sentence claim denied on habeas review.
September 5, 2003... Byline: Jill Miller Was the defendant's sentence harsh and excessive? Should his conviction be set aside?These were some of the issues before the U.S. District Court for the Western District of New York in Jerome Brown v. Victor Herbert,...

Hearing examiners to be called support magistrates.
September 5, 2003... Byline: Staff Chief Administrative Judge Jonathan Lippman has amended, effective immediately, sections 130-1.4 and 130-2.4 of the Rules of the Chief Administrator of the Courts, relating to the creation of the title of support magistrates,...

Employee release deemed void, unenforceable.
September 8, 2003... Byline: Helen Nguyen In a class action suit against Eastman Kodak, should the court grant the plaintiffs' motion to declare a release that they signed to be void and unenforceable?In William Robinson v. Eastman Kodak Co., the plaintiffs...

BARgain card is one more reason to join Monroe County Bar Assn.
September 8, 2003... Byline: Nora A. Jones When Mary Corbitt arrived as the new executive director of the Monroe County Bar Association - nearly two years ago - she was bubbling over with new ideas and enthused about listening to what local attorneys had to...

'Amicus' briefs sought in equitable distribution case.
September 9, 2003... Byline: Staff On Sept. 11, 2003, the Court of Appeals will hear oral argument in O'Connell v. Corcoran, a matter concerning the preclusive effect of a Vermont divorce judgment in a New York equitable distribution action, and Vernon v....

Rochester atty. turns passion for music into big band sound.
September 9, 2003... Byline: Robbi Hess When he was 53, attorney Anthony Amoroso decided there had to be more to life than work so he decided to take lessons and learn to play the alto saxophone. In the early stages of his lessons he told his instructor that...

Constitutionality of child pornography prohibition upheld.
September 9, 2003... Byline: Jill Miller Is 18 USC s. 2251(a) which prohibits the production of pornographic depictions involving a minor "using materials that have been mailed, shipped or transported in interstate or foreign commerce" an unconstitutional...

'Just Cause' Termination Debated In Employment Action.
September 9, 2003... Byline: Helen Nguyen Where the plaintiff claimed that his former employer breached an employment contract, is the plaintiff entitled to summary judgment?In Daniel Saperstone v. Airport Group International, Inc., the plaintiff sought to...

'Support magistrate' title implemented in Family Court rules.
September 9, 2003... Byline: Staff Chief Administrative Judge Jonathan Lippman has amended, effective immediately, sections 205.3, 205.32, 205.33, 205.34, 205.35, 205.36, 205.37 and 205.43 of the Uniform Rules for the Family Court, relating to the creation of...

Marie Nesbitt Promise Prize recipient named.
September 10, 2003... Byline: Staff Vikki L. Pryor, president and CEO of SBLI USA Mutual Life Insurance Co., Inc., will award the second annual Marie Nesbitt Promise Prize to Monique Blackwood, a second year law student at the University at Buffalo Law School....

Bar Association staff focuses efforts on CLEs.
September 10, 2003... Byline: Robbi Hess In every organization - for profit or non-profit - the people are the backbone of success. The Bar Association for Erie County is proud of the staff that makes this organization an effective component of Western New...

Atty. heads St. Thomas More Guild in Buffalo.
September 10, 2003... Byline: Robbi Hess The desire to strike a balance between a professional and a spiritual life is what may lead attorneys to participate in the fellowship provided by membership in the St. Thomas More Guild.David Mineo, the guild's...

Disability case lacks substantial evidence.
September 10, 2003... Byline: Jill Miller Did an administrative law judge err when he determined that the plaintiff was not entitled to Social Security disability benefits?This was the central issue before the U.S. District Court for the Western District of New...

Judge upholds murder indictment despite complications caused by grand jury scheduling.
September 10, 2003... Byline: Nora A. Jones Where the same defendant was scheduled to have two separate, non-joinable charges presented to the grand jury on the same day, was the defendant denied his CPL 190.50 right to testify before the grand jury regarding...

Western NY Chapter of Women's Bar Assn. of NY rates judicial candidates.
September 10, 2003... Byline: Staff The Western New York Chapter of the Women's Bar Association of the State of New York completed its ratings of this year's judicial candidates, with results noted below. All rated candidates completed a written questionnaire,...

Innovative jury trial practices.
September 11, 2003... Byline: Judge Joseph D. Valentino If any of you has a question to ask a witness or the court, please write the question on paper, and the court officer will deliver the question to me. For legal reasons, I must decide whether and how the...

Sculptor's artistic vision of legal profession honors award recipients.
September 11, 2003... Byline: Staff How can one portray the pursuit of justice, the system of law and excellence in an individual's chosen profession all into one?This was the question The Daily Record newspaper asked itself when looking for a way to honor...

Attorneys' fees recovered in out-of-state case.
September 11, 2003... Byline: Nora A. Jones Should the court grant defendant's request for recovery of costs incurred in a Massachusetts action where the plaintiff voluntarily dismissed the out-of-state case to seek resolution of the same matter in New York? Is...

Retaliation claim against employer dismissed.
September 11, 2003... Byline: Helen Nguyen In an employment discrimination action where the plaintiff alleged that her employer terminated her after she made complaints of sexual harassment, was there sufficient evidence to support the plaintiff's retaliation...

Rochester law firm uses digital case management system.
September 11, 2003... Byline: Jill Miller Gerald Dibble, a founding partner of Dibble & Miller, P.C., has not used a paper file in approximately two years, except of course when he is in court. In fact, document management is not the problem it once was for the...

New York State Bar Association to monitor judicial elections.
September 12, 2003... Byline: Staff As the 2003 campaign season approaches full bloom, the New York State Bar Association will continue to coordinate a statewide effort to ensure that both incumbent judges and candidates are conforming to the codes of Judicial...

Deaf person's lawsuit against AOL hiring practices moves forward in Tenth Circuit.
September 12, 2003... Byline: Nora A. Jones In Davidson v. AOL, the U.S. Court of Appeals for the Tenth Circuit reversed a district court's summary judgment that let America Online off the hook when a deaf person alleged discrimination when he was not selected...

Valuation of Chapter 7 estate muddled by question of avoidable fraudulent transfer.
September 12, 2003... Byline: Nora A. Jones Can an agreement to assume an indebtedness of a transferor be considered "fair consideration" in support of a valid transfer of property?In an adversary proceeding filed by a Chapter 7 debtor's trustee, the U.S....

Jurisdiction lacking in corporate contract action.
September 12, 2003... Byline: Jill Miller Does New York State Supreme Court have jurisdiction over a contract action between two foreign corporations?This was the central issue before New York State Supreme Court Judge Thomas Stander in DDR Real Estate...

Harris Beach attorney to edit employee benefits publication.
September 12, 2003... Byline: Staff Michael B. Snyder of Harris Beach LLP has been selected to serve as managing editor of the Journal of Compensation and Benefits.The Journal of Compensation and Benefits is published bi-monthly by West, a Thomson business, and...

U.S. District Court for Western District of NY upholds termination of prison visiting privileges.
September 15, 2003... Byline: Jill Miller Did the defendants revoke the plaintiff's visiting privileges at Wende Correctional Facility without due process? Does the plaintiff have a constitutional liberty interest in visiting the prison?These were the central...

U.S. District Court of W. District of NY rules jury's verdict not affected by newspaper articles.
September 15, 2003... Byline: Helen Nguyen Did the petitioner provide sufficient evidence to support his claim that he was denied a fair trial because the jury was allegedly influenced by "prejudicial" newspaper articles? Did the prosecutor knowingly allow a...

Monroe County Bar Assn. approves new family of logos.
September 15, 2003... Byline: Nora A. Jones The change may seem subtle to some. It may seem drastic to others. But like any change, there is certainly a level of excitement associated with this opportunity to create a more consistent identity among the various...

Rochester woman founds Compeer, a non-profit organization that links volunteers with mentally ill.
September 15, 2003... Byline: Nora A. Jones On page 227 of my Webster's New Collegiate Dictionary, I discovered that "compeer" is listed as a noun, defined as "companion or equal peer." Seven years of college, 25 years of work experience, and yet I had to watch...

Judge Edmund Calvaruso receives 2003 Madison Award.
September 16, 2003... Byline: Staff Monroe County Surrogate's Court Judge Edmund Calvaruso and Dr. Barry R. Culhane will receive the Madison Award from the Sullivan Policy Institute.They will receive the award tomorrow evening at the Fifth Annual Constitutional...

Rochester's median residential prices hit high note.
September 16, 2003... Byline: Jill Miller The Rochester housing market hit a high note last month. The cumulative median sale price of homes from January through August reached $100,950.According to the Greater Rochester Association of Realtors, over the last...

Contempt charges result in fines, jail time.
September 16, 2003... Byline: Jill Miller Is the respondent guilty of criminal and civil contempt of court after he failed to comply with an order from New York State Supreme Court directing him to pay attorneys' fees and sanctions resulting from a custody and...

Life insurance exemption reviewed in regard to non-spouse debtors.
September 16, 2003... Byline: Nora A. Jones Is the interest of an insurance beneficiary property of the beneficiary's estate when that interest is segregated from ownership rights that have become property of a separately administered bankruptcy estate?This...

HIPAA seminar discusses medical privacy laws.
September 16, 2003... Byline: Nora A. Jones No one is an expert yet on the new privacy rules enacted as part of the Health Information Portabiliy and Accountability Act of 1999 (HIPAA) that became effective April 14, 2003. Several attorneys and health care...

Bar Assn. of Erie County rates Supreme Court candidates.
September 17, 2003... Byline: Staff The Bar Association of Erie County has completed and issued ratings for New York State Supreme Court judicial candidates for the Nov. 4, 2003 general election, as follows:Judge Sharon Townsend - Well Qualified.Paul L....

Rochester atty. aims to conquer the Appalachian Trail.
September 17, 2003... Byline: Robbi Hess What began as a 14-year-old's way to get away from his parents has turned into an obsession to conquer the Appalachian Trail."I was looking for freedom and my friends and I just started hiking," attorney Kevin Lane said....

Van search not consistent with guidelines.
September 17, 2003... Byline: Jill Miller Was the search of defendant's van and seizure of evidence consistent with written police department guidelines? Should the evidence seized as a result of the search be suppressed? These were the central issues before...

Incompetence to stand trial not demonstrated.
September 17, 2003... Byline: Helen Nguyen Was the petitioner incompetent to stand trial? Did the petitioner demonstrate that he was denied his right to a fair trial? Was the petitioner denied effective assistance of counsel?Following his conviction for...

Wayne County attorneys host dinner for justices.
September 17, 2003... Byline: Nora A. Jones Justice L. Paul Kehoe of the Appellate Division, Fourth Department, was the driving force behind the Wayne County location for the most recent "Have Gavel Will Travel" installment. The Appellate Division has held...

Monroe County Bar Assn. memorial service set for Nov. 14.
September 18, 2003... Byline: 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 noon on Friday, Nov. 14, 2003,...

NY State Bar Assn. releases law guide for high school students.
September 18, 2003... Byline: Staff As thousands of senior high students start a new school year, parents and teachers are getting an education about the law courtesy of the New York State Bar Association.Now That You've Turned 18 is a resource for parents,...

Rochester Legal Briefs September 18, 2003.
September 18, 2003... Byline: Jill Miller Motion DeniedThe defendant's motion to dismiss is denied. The defendant is charged with two counts of Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs and Driver Without a Front Seat...

Exhaustion of Prison Litigation Reform Act remedies not established.
September 18, 2003... Byline: Helen Nguyen In a case where the plaintiff inmate claimed he was assaulted as a result of false rumors that a correctional officer allegedly spread about him, did the plaintiff exhaust his administrative remedies? Pursuant to 42...

Democratic Party supports Judge Francis A. Affronti.
September 18, 2003... Byline: Jill Miller Citing his long record of distinguished service, the Monroe County Democratic Party has decided to support New York State Supreme Court Judge Francis A. Affronti, a Republican, in his bid for reelection.The Democratic...

Representing victims of domestic violence.
September 18, 2003... Byline: Nora A. Jones When survivors of domestic abuse come forward for assistance, it can be difficult for legal counsel to accept a change of heart - the victim's decision to return to the abusive home. "But it is her choice," explained...

Paralegals Assn. of Rochester dinner kicks off new season.
September 19, 2003... Byline: Jill Miller Paralegals from throughout the legal community gathered to learn more about the Paralegal Association of Rochester on Tuesday, Sept. 16, 2003.PAR hosted its Second Annual Fall Kickoff Event at Sapore' Restaurant on Park...

Rochester Legal Briefs September 19, 2003.
September 19, 2003... Byline: Jill Miller Indictment StandsA motion to inspect the grand jury minutes is granted. However, a motion to reduce or dismiss the indictment is denied."The grand jury proceeding was not defective."People v. Jose Raul Noriega, Ind. No....

NY State Court of Appeals lists filings from August 15-21, 2003.
September 19, 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...

Drug conviction based on sufficient evidence.
September 19, 2003... Byline: Helen Nguyen Was there sufficient evidence to support the petitioner's conviction? Did the petitioner demonstrate that the jury's verdict was "ambiguous?" Was the petitioner's sentence harsh and excessive?Following his conviction...

Attorney's duty of care to defense witness questioned.
September 19, 2003... Byline: Jill Miller Did the petitioner's attorney fail to act as a zealous advocate on his behalf because she believed that she owed a duty of confidentiality to a potential defense witness?This was the issue before the U.S. Court of...

SpringBoard Rochester conducts free seminars.
September 19, 2003... Byline: Nora A. Jones About three dozen people attended the debut set of free workshops last Friday at the Rochester Institute of Technology campus, offered by SpringBoard Rochester. With plans to sponsor quarterly events driven by input...

Money laundering case remanded for resentencing.
September 22, 2003... Byline: Jill Miller Did the district court err when it calculated the defendant's sentence for making false statements to the U.S. Attorney's Office and the FBI?In USA v. William Genao, the government appealed a judgment from the U.S....

Scuba diver 'knowingly' signed liability releases.
September 22, 2003... Byline: Nora A. Jones Where the defendants knew that the plaintiff lacked scuba diving experience at the level of their advanced course, should defendants be held liable for plaintiff's death? Or are the defendants entitled to summary...

Monroe County Bar Center going digital with continuing legal ed courses.
September 22, 2003... Byline: Nora A. Jones Tamara Christie, chair of the Monroe County Bar Association Criminal Law Committee served as moderator for the recent "Criminal Justice Update" program which featured William Clauss and Edward Nowak as presenters....

Attorneys, accountants vie for top prize in annual Brain Game.
September 22, 2003... Byline: Staff Teams of Rochester area attorneys will go up against teams of local accountants for first place in the annual Brain Game, sponsored by Literacy Volunteers of Rochester.The third annual game is set for 5 p.m. on Thursday, Oct....

Commentary: Elder abuse awareness needs to be part of everyone's agenda.
September 23, 2003... Byline: Staff "When Mrs. D. was discharged from the hospital, her daughter, Sue, moved in to care for her. Unable to get to the bank, Mrs. D. gave Sue signed checks to withdraw money to pay the utilities, food and other bills. Sue abruptly...

Sixth Amendment rights not violated where dangers of self-representation not specified.
September 23, 2003... Byline: Jill Miller Did the state trial court fail to warn the petitioner of the dangers and disadvantages of self-representation before allowing him to proceed pro se for part of a suppression hearing?This was the central issue on appeal...

Habeas corpus relief not warranted, insufficient proof to establish claim of perjured testimony.
September 23, 2003... Byline: Helen Nguyen Should the petitioner's conviction be overturned based on his claim that a witness committed perjury? Was the petitioner incompetent to stand trial? Did the petitioner receive effective assistance of counsel during his...

March Madness subject to trademark protection.
September 23, 2003... Byline: Staff The U.S. District Court for the Northern District of Texas, Dallas Division, has ruled in favor of the National Collegiate Athletic Association (NCAA) and the Illinois High School Association (IHSA) in its lawsuit against...

Attorney 'knits' professional career, unique hobby.
September 24, 2003... Byline: Robbi Hess For more than a quarter of a century, attorney Sharon Stern Gerstman has been perfecting her skills in the craft of knitting. She has taken her hobby, for which she is passionate, beyond the knitting of socks and mittens...

Physical presence at hearing not required.
September 24, 2003... Byline: Helen Nguyen Were the plaintiff inmate's due process rights violated when he was ejected from his disciplinary hearing? Pursuant to 42 USC s. 1983, the plaintiff brought this issue before the U.S. District Court for the Western...

Women's Bar Assn. for NY State, Western NY Chapter, installs officers.
September 24, 2003... Byline: Nora A. Jones Orchard Park Town Justice John M. Curran introduced Melissa H. Nickson as the incoming president of the Western New York Chapter of the Women's Bar Association of the State of New York at the Sept. 17, 2003...

Commission on the Jury hears concerns at Buffalo public hearing.
September 24, 2003... Byline: Robbi Hess Jurors, potential jurors, judges and attorneys filled the Ceremonial Courtroom at the Erie County Courthouse for a Sept. 17 public hearing to discuss ways to enable the court system to better serve jurors. The Buffalo...