Daily Record (Rochester, NY) articles from September 2004

Daily Record (Rochester, NY) archives from September 2004

Defendant's murder conviction affirmed.
September 1, 2004... Byline: Kevin M. Momot Where the defendant was convicted of second degree murder and subsequently challenged a warrantless police search of the building where the victim's body was found, the defendant failed to meet his burden of...

Mother required to pay child support.
September 1, 2004... Byline: Jill Miller Noting the fact a plaintiff mother is currently unemployed, a Monroe County attorney referee denied a defendant-father's request for child support but concluded she will be required to pay child support once she finds...

SEC proposes postponing deadline for 'accelerated filers'.
September 1, 2004... Byline: Staff The U.S. Securities and Exchange Commission approved issuance of a release proposing to temporarily postpone, for one year, the final phase-in period for acceleration of periodic report deadlines that apply to larger...

Diversity conference set for Sept. 13 to 15.
September 1, 2004... Byline: Staff Diversity 2004, one of the nation's most extensive conferences ever presented on workforce diversity, will be held in Rochester from Sept. 13 to 15 at the Rochester Riverside Convention Center. The three day event is...

Two join Rochester's Jaeckle Fleischmann office.
September 1, 2004... Byline: Staff Robert D. Lott and Norma A. Polizzi have joined the Rochester office of Jaeckle Fleischmann & Mugel, LLP as associates. Lott is a patent attorney in the firm's intellectual property practice group. He has over 25 years...

Damon & Morey founding partner dies at 91.
September 1, 2004... Byline: Staff Joseph H. Morey, Jr., a founding partner of Damon & Morey, died Tuesday in Buffalo General Hospital. He was 91. Beginning his career with his grandfather's law firm in 1937, Morey co-founded Damon, Morey, Sawyer & Moot in...

UB Law School Library authorized Passport Acceptance Facility.
September 1, 2004... Byline: Staff The University at Buffalo Law Library is now an authorized "Passport Acceptance Facility." The certified passport agents in the law library are authorized to distribute forms, accept completed paperwork, review required...

Inability to work in current occupation is insufficient to qualify for disability benefits.
September 2, 2004... Byline: Kevin M. Momot Where the plaintiff brought an action challenging the Commissioner of Social Security's determination that he was not disabled under the Social Security Act and was therefore not entitled to disability benefits,...

Defendant entitled to explanation in Spanish.
September 2, 2004... Byline: Jill Miller A Spanish speaking defendant is entitled to have the substance of an Anders brief explained to him in Spanish, however, it is unclear whether the defense attorney met this requirement. As a result, the U.S. Court of...

NY atty. attends Conference of Commissioners on Uniform State Laws.
September 2, 2004... Byline: Staff Justin L. Vigdor, senior counsel, Boylan Brown Code Vigdor & Wilson LLP, was among the 240 lawyers, judges, law professors, legislators and other state officials - all lawyers - participating in the 2004 Annual Meeting of the...

Rochester Legal Briefs September 2, 2004.
September 2, 2004... Byline: Jill Miller Charges Stand A motion to reduce or dismiss the indictment is denied. The defendant is charged with two counts of Robbery in the First Degree. "Dismissal of an indictment is an exceptional remedy and it is not...

Service by overnight mail not permitted.
September 3, 2004... Byline: Kevin M. Momot Where the respondent served a demand for arbitration by Federal Express overnight mail, with signature required, such service was determined to be jurisdictionally defective since it was not one of the permitted...

Applicability of Indian Child Welfare Act to private adoption explored by NYC family court.
September 3, 2004... Byline: Jill Miller Concluding the facts before the court were insufficient to determine whether an Indian tribe's motion to intervene in an adoption proceeding under the Indian Child Welfare Act has standing, a family court judge...

Protective order to prevent disclosure of witness granted.
September 3, 2004... Byline: Jill Miller A witness may be at risk of physical harm or intimidation if his or her identity is revealed, thus, a protective order to preclude disclosure of this information was granted by a New York State Supreme Court judge. ...

Survey shows profit increase for partners in U.S. law firms.
September 3, 2004... Byline: Staff The newly released Altman Weil Survey of Law Firm Economics, 2004 Edition reported equity partners in U.S. law firms earned an average $319,000 in 2003, a 6.6 percent increase from the previous year. "This is a...

U.S., Canadian intellectual property officials meet.
September 3, 2004... Byline: Staff Under Secretary of Commerce for Intellectual Property Jon Dudas led a delegation of U.S. Patent Trademark Office (USPTO) officials on a two-day trip to the Canadian Intellectual Property Office (CIPO). David Tobin,...

Painting and law are just some of the many talents of Buffalo atty.
September 3, 2004... Byline: Nora A. Jones "A person shouldn't be one dimensional," LeRoi Callwell Johnson stated. "And I believe if you are interested in learning something, you should jump in and study with the masters." And he speaks from experience,...

Lawsuit over Xerox pension plan dismissed.
September 7, 2004... Byline: Helen Nguyen Finding no merit to claims brought by former and current employees of Xerox that the method used to calculate the offset of their prior distributions from their pension plans was unlawful, the U.S. District Court for...

Oneida County bill for building repairs justified.
September 7, 2004... Byline: Jill Miller Oneida County demonstrated reasonable diligence to secure a contractor to perform repairs on a building classified as a public nuisance and thus the building's owner is responsible for paying the costs of the repairs....

Restitution ordered in Grand Larceny case.
September 7, 2004... Byline: Jill Miller A Monroe County Court judge has ordered a man to pay $34,890 in restitution after he admitted stealing pallets from his employer. In People v. Timothy Kelly, the defendant pleaded guilty to Grand Larceny in the...

ABA handbook helps lawyers assist victims of domestic violence.
September 7, 2004... Byline: Staff At some point in their careers, lawyers in most practice areas will have a client who is either a perpetrator or a victim of domestic violence, according to a new American Bar Association handbook on the issue, The Impact of...

Rochester Legal Briefs September 7, 2004.
September 7, 2004... Byline: Jill Miller Motion Granted The defendant's request for a copy of the presentence report prepared at the time of his conviction is granted. The Monroe County Probation Department is ordered to release a copy of the report to the...

Stop of defendant's vehicle unlawful despite avoidance of DWI checkpoint.
September 8, 2004... Byline: Kevin M. Momot The defendant appealed his conviction of Driving While Intoxicated, arguing the lower court should have granted his motion to suppress evidence since the stop of his vehicle was unlawful. Reviewing the facts and...

Claims for damages under Labor Law upheld.
September 8, 2004... Byline: Kevin M. Momot In the plaintiff's common law negligence and Labor Law action seeking damages for injuries sustained when he slipped and fell while performing asbestos abatement work, the defendant's motion for summary judgment was...

Poll finds employers likely to ask for employee benefit givebacks.
September 8, 2004... Byline: Staff Many New York State employers are likely to ask for employee benefit givebacks in an attempt to contain costs, according to a recent Labor Day Poll of CPAs in New York State. The New York State Society of Certified Public...

American Diabetes Assn. issues challenge to local law firms.
September 8, 2004... Byline: Staff The American Diabetes Association will once again hosted its annual walk for diabetes in October and Culley, Marks, Tanenbaum & Pezzulo has issued a challenge asking local law firms to put together a team to participate in...

VLSP seeks attorneys to assist with guardianship issues.
September 8, 2004... Byline: Staff Volunteer Legal Services Project is seeking representation for a number of cases. VLSP is an approved pro bono CLE provider and attorneys may earn CLE credit for performing eligible pro bono legal services. The following...

NY State Court of Appeals lists filings for Aug. 13-19, 2004.
September 8, 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...

Reporter's First Amendment claims against Gannett newspaper dismissed.
September 9, 2004... Byline: Helen Nguyen Finding there was insufficient evidence to support a former Democrat & Chronicle (D&C) reporter's claim that her First Amendment rights were violated when the newspaper refused to continue running certain articles of...

Evidence insufficient to support indictment.
September 9, 2004... Byline: Jill Miller The only witness to a car accident could not identify the defendant as the driver who caused the accident and, as a result, an acting Monroe County Court judge granted the defendant's motion to dismiss the indictment....

Monroe County Bar Assn. releases second round of judicial candidates ratings.
September 9, 2004... Byline: Staff The Monroe County Bar Association (MCBA) released the results of the second round of judicial evaluations for three candidates running for New York State Supreme Court, Seventh Judicial District. The MCBA has a three-tier...

Ninth Annual Nathaniel Award luncheon set for October 20.
September 9, 2004... Byline: Staff Seven individuals and one organization will be honored at the Ninth Annual Nathaniel Award luncheon. The luncheon is set for 11:45 a.m. on Wednesday, Oct. 20 at the Hyatt Regency Rochester. The finalists who will be...

Henry S. Stewart sworn in to bar of U.S. Supreme Court.
September 9, 2004... Byline: Staff Henry Scovel Stewart was sworn in as a member of the bar of the U.S. Supreme Court on June 21. The admission ceremony was held in the U.S. Supreme Court Chamber and was presided over by eight of the nine justices of the...

Judge orders Unum Insurance to pay after second review of 'self-inflicted injury' exclusion.
September 10, 2004... Byline: Nora A. Jones In an opinion authored by U.S. Second Circuit Senior Judge Ellsworth Van Graafeiland and reported at 340 F3d 130 (2003), First Unum Life Insurance Co. succeeded in convincing two out of three appellate judges that...

NY State Court of Claims judge rules inmate cannot file late personal property claim.
September 10, 2004... Byline: Jill Miller An inmate's request to file and serve a late personal property claim prompted a New York State Court of Claims judge to review the inconsistencies regarding the applicability of late claim remedies outlined in Court of...

Harris Beach LLP expands to Geneseo, adding law office of Jon H. Porter.
September 10, 2004... Byline: Staff Jon H. Porter has joined Harris Beach LLP as a new partner effective Sept. 1, expanding the firm's reach to Geneseo. Porter had been in his own private practice in Geneseo since 1968. He will operate the new Harris Beach...

States of NY and Conn. challenge EPA reversal on polluted runoff.
September 10, 2004... Byline: Staff The New York State Attorney General and the Connecticut Attorney General filed a federal lawsuit challenging the decision of the U.S. Environmental Protection Agency (EPA) not to issue national guidelines and standards for...

NY appellate division dismisses plaintiff's personal injury claims.
September 13, 2004... Byline: Kevin M. Momot Where a 78 year-old plaintiff suffering from preexisting osteoarthritis commenced an action to recover damages for injuries sustained when she was hit by a vehicle, there was a triable issue of fact as to whether...

US Court of Appeals affirms defendant must pay restitution to government.
September 13, 2004... Byline: Jill Miller The United States government can be considered a "victim" under the Mandatory Victims Restitution Act of 1996 (MVRA) and as a result, a district court's order of restitution was affirmed. In USA v. Emaeyek Ekanem,...

Western NY Chapter of Women's Bar Assn. of the State of NY rates judicial candidates.
September 13, 2004... Byline: Staff The Western New York Chapter of the Women's Bar Association of the State of New York (WBASNY) released its ratings candidates of New York State Supreme Court, Erie County Family Court and Buffalo City Court. WBASNY used...

Monroe County Bar Assn. Solo/Small Firm Committee unveils new initiatives.
September 13, 2004... Byline: Jill Miller In an effort to meet the needs of solo practitioners and attorneys practicing in small law firms, the Monroe County Bar Association's Solo/Small Firm Committee has unveiled a few new initiatives. The initiatives are...

Monroe County Bar Assn. to present CLE on handling medical records with HIPAA.
September 13, 2004... Byline: Staff The Health Insurance Portability and Accountability Act (HIPAA) represents protection of health information, but are attorneys following proper procedures that are conducive to the needs of the medical community? The...

Young Lawyers Section of Monroe County Bar Assn. meets to kick off year.
September 14, 2004... Byline: Helen Nguyen To kick off the new bar year, the Young Lawyers Section (YLS) of the Monroe County Bar Association held its first meeting on Tuesday, Sept. 7. The YLS consists of attorneys who are either admitted to the bar less...

Boylan Brown paralegal Allyn Van Dusen, accomplished singer and performer.
September 14, 2004... Byline: Kevin M. Momot Allyn Van Dusen has performed in many roles on and off the stage, as both an accomplished singer and a paralegal in the real estate practice group at Boylan, Brown, Code, Vigdor & Wilson, LLP. Having recently...

Court dismisses habeas corpus petition.
September 14, 2004... Byline: Kevin M. Momot Where the petitioner argued his conviction was invalid since he was not told at the time of sentencing that he would be subject to a period of supervision on parole following his release from prison, there was no...

NY State Assemblyman to face larceny charge.
September 14, 2004... Byline: Jill Miller A New York State Assemblyman who is also the chairman of the Executive Committee of the Kings County Democratic Party has moved to dismiss the indictment against him on the grounds it was defective and the evidence was...

High Tech Business Council holds its annual meeting.
September 14, 2004... Byline: Nora A. Jones County Executive Maggie Brooks, Rochester Business Alliance President Sandy Parker and Rochester Institute of Technology President Albert Simone addressed a well-attended meeting of the High Tech Business Council...

Lawyers for Learning Committee helps students start year off right.
September 15, 2004... Byline: Staff The Monroe County Bar Association's Lawyers for Learning Committee helped students at Rochester City School 29 start the new school year off right on Monday, Sept. 13. Volunteers from the program distributed backpacks to...

NYS Court of Appeals lists filings for Aug. 20-Aug. 26, 2004.
September 15, 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...

Designating petition deemed invalid by court.
September 15, 2004... Byline: Kevin M. Momot In a proceeding pursuant to Election Law s. 16-102, the lower court determined that a designating petition was valid where it over-designated the number of candidates eligible for judicial delegates and alternate...

Plaintiffs not entitled to refund of interest.
September 15, 2004... Byline: Jill Miller Based on the 10 year statute of limitations period outlined in 26 USC s. 6601(g) the Internal Revenue Service timely assessed the interest against the plaintiffs and thus the plaintiffs are not entitled to a refund of...

Rochester Black Bar Assn. celebrates 10th anniversary, presents Lifetime Achievement Awards.
September 15, 2004... Byline: Staff The Rochester Black Bar Association (RBBA) will present its 2004 Lifetime Achievement Awards to three area recipients at its annual banquet from 6 to 9 p.m. on Friday, Sept. 24 at the Rochester Hyatt Regency. The keynote...

Cornell's Rochester Committee exceeds annual fund goals.
September 16, 2004... Byline: Staff The Cornell Law School Rochester Regional Annual Fund Committee recently exceeded its annual fund goal, thanks in part to the generosity of Cornell lawyers in the Rochester area. According to Duncan O'Dwyer, chair of the...

NYSBA's lawyer referral service extends to military.
September 16, 2004... Byline: Staff Members of the military who have been deployed for Operation Enduring Freedom and their family members can find answers to their legal questions, free of charge, through the New York State Bar Association's Lawyer Referral...

Motion to dismiss murder charge denied.
September 16, 2004... Byline: Helen Nguyen Concluding the information and data retrieved from a vehicle's "black box" was reliable, Monroe County Court Judge Frank P. Geraci, Jr. denied the defendant's request for a Frye hearing to determine the reliability of...

Claimant's request to file, serve late claim granted.
September 16, 2004... Byline: Jill Miller A claimant's application to seek leave to file and serve a late claim based on General Municipal Law s. 50-e(5) and Public Authorities Law s. 3567(1) was granted by a New York State Court of Claims judge. In Gail...

Upstate regional meeting to address substance abuse in legal profession.
September 16, 2004... Byline: Staff The New York State Lawyer Assistance Trust (LAT) and the Lawyer Assistance Program of the New York State Bar Association are co-sponsoring a regional meeting to address the subject of substance abuse in the legal profession....

Upstate NY chapter of American Immigration Lawyers Assn. elects new chair.
September 17, 2004... Byline: Staff Frank A. Novak, an immigration attorney at Harter, Secrest & Emery LLP, has been elected chapter chair for the Upstate New York chapter of the American Immigration Lawyers Association (AILA). In his role as chapter chair,...

States sue HUD over pesticide use in public housing.
September 17, 2004... Byline: Staff Six state attorneys general filed a lawsuit against the U.S. Department of Housing and Urban Development (HUD) over the agency's failure to reduce use of pesticides in public housing as required by federal law. The...

NY State Court of Appeals lists filings for August 20-26, 2004.
September 17, 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...

Kodak's motion to disqualify attorneys denied.
September 17, 2004... Byline: Helen Nguyen In denying Eastman Kodak's motion to disqualify the plaintiffs' attorneys, the U.S. District Court for the Western District of New York concluded there was insufficient evidence the plaintiffs' attorneys would have an...

Nineteen month delay in case found reasonable.
September 17, 2004... Byline: Jill Miller The prosecution's explanation for a 19 month delay from the alleged incident to the arrest of the defendant was reasonable and thus the defendant's motion to dismiss the indictment was denied. In People v. Joseph...

Handling medical records with HIPAA focus of Monroe County Bar Assn. CLE.
September 17, 2004... Byline: Jill Miller Medical records and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was the topic of a continuing legal education program hosted by the Litigation Section of the Monroe County Bar Association....

Debtor's statute of limitations defense denied.
September 20, 2004... Byline: Kevin M. Momot Where the plaintiff commenced an adversary proceeding against the debtor objecting to his discharge pursuant to s.s. 523(a)(4) and 523(a)(6) of the Bankruptcy Code, Chief Bankruptcy Court Judge John C. Ninfo, II in...

Conflicting Utica City code declared invalid by court.
September 20, 2004... Byline: Jill Miller A New York State Supreme Court, Oneida County, judge has declared a Utica City Code that required a "three-fourths" vote of the common council to amend a city zoning law when the planning board issued an adverse...

Carol Heckman appointed to Judicial Conference Planning, Program Committee.
September 20, 2004... Byline: Staff The Judicial Conference of the Second Circuit of the U.S. Court of Appeals has appointed Carol E. Heckman, a partner at Harter, Secrest & Emery LLP, to serve on its Judicial Conference Planning and Program Committee. ...

Rochester Area Community Foundation names 2004 Philanthropy Award recipients.
September 20, 2004... Byline: Staff The Rochester Area Community Foundation has named the recipients of its 13th annual Philanthropy Awards and the Joe U. Posner Founders Award. The awards will be presented at the Community Foundation's Annual Report to...

Fix Spindelman partner appointed to Board of American College of Real Estate Lawyers.
September 20, 2004... Byline: Staff T. Mary McDonald, a partner at Fix Spindelman Brovitz & Goldman, P.C., has been appointed to serve a three-year term as a member of the board of governors of the American College of Real Estate Lawyers. McDonald is a member...

Cardinal Dulles to serve as celebrant of Red Mass.
September 21, 2004... Byline: Staff The annual Red Mass, sponsored by St. Thomas More's Lawyers Guild, will take place at 12:10 p.m. on Friday, Sept. 24 at Our Lady of Victory St. Joseph's Church. The special homilist and celebrant of the mass will be...

Rochester home sales jump 19 percent in August.
September 21, 2004... Byline: Jill Miller According to the Greater Rochester Association of Realtors, home sales jumped 19 percent in August compared to July. A total of 1,493 homes were sold last month compared to 1,255 in July. August sales were also up...

NY State Court of Appeals lists filings for Aug. 27-Sept. 2, 2004.
September 21, 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...

Disciplinary rule deemed constitutional.
September 21, 2004... Byline: Helen Nguyen In a case where an attorney challenged the constitutionality of Disciplinary Rule 2-105(C)(1) - a rule which governs statements made by attorneys that they are specialists in a particular area of law - the U.S....

Step-father can seek custody of step-daughter.
September 21, 2004... Byline: Jill Miller A step-father must prove he has standing to seek custody of his step-daughter after his wife and mother of the teenager in question was murdered. However, the circumstances of the case are sufficient to raise an issue...

Paralegal Assn. of Rochester holds annual Kickoff Dinner.
September 21, 2004... Byline: Kevin M. Momot The Paralegal Association of Rochester (PAR) held its third annual Kickoff Dinner on Wednesday, Sept. 15. PAR members discussed preparations for upcoming events, including scheduling for section and committee...

Rochester area companies expect pay increases in 2005.
September 22, 2004... Byline: Staff A Rochester Business Alliance (RBA) survey of 157 employers found that area companies expect pay increases for 2005 to hold steady. The results of the RBA's Wage and Salary Adjustment Survey represent employers in the...

Harter Secrest attorneys present at state civil litigation seminar.
September 22, 2004... Byline: Staff Kenneth W. Africano, John G. Horn and Karen R. Kaczmarski, attorneys with the Buffalo office of Harter, Secrest & Emery LLP, spoke at a recent seminar sponsored by Lorman Education Services titled "State Civil Litigation in...

Defendant's right to speedy trial violated.
September 22, 2004... Byline: Helen Nguyen Determining the defendant, William Torres, Jr., was denied his right to a speedy trial, New York State Supreme Court Judge Joseph D. Valentino granted Torres' motion to dismiss the indictment charging him with criminal...

Obstructing traffic charge dismissed by Watertown City Court.
September 22, 2004... Byline: Jill Miller A Watertown City Court judge has tossed out a charge of obstructing traffic at an intersection on the grounds the defendant was not stuck in traffic before he came to the intersection but got stuck after he entered it....

Mechanics of administrative hearings reviewed in CLE.
September 22, 2004... Byline: Nora A. Jones What is the standard of proof required in an administrative hearing? What is the appeal process from an administrative judge's decision? These and many more questions were answered in the context of "The Nuts and...

Nixon Peabody partner presents at Funders Alliance conference.
September 23, 2004... Byline: Kevin M. Momot Nixon Peabody LLP partner Michael J. Cooney was among the speakers at the "Change Beyond Charity" Funders Alliance of Upstate New York conference on Monday, Sept. 20 in Geneva. As part of the Funders Alliance...

Court denies motion to file late claim.
September 23, 2004... Byline: Kevin M. Momot Where the claimant brought a motion for permission to file a late claim, asserting causes of action for medical malpractice and negligence in Daniels v. State of New York, New York State Court of Claims Judge Renee...

No challenge to reliability of breathalyzer Test.
September 23, 2004... Byline: Jill Miller Because the defendant failed to submit any evidence challenging the reliability and accuracy of a Draeger breath test, a town court judge concluded there was no need or legal basis to hold a Frye hearing. In People...

NY Court of Appeals seeks comments on proposed changes to rules of practice.
September 23, 2004... Byline: Staff The New York State Court of Appeals released, for public comment, its proposed revision of the Rules of Practices of the Court of Appeals (22 NYCRR part 500). The Rules of Practice of the Court of Appeals apply to civil...

GRAWA Wills and Trusts Committee holds second wills clinic at VLSP.
September 24, 2004... Byline: Nora A. Jones The Trusts and Estates Committee of the Greater Rochester Association for Women Attorneys held its second free "Wills Clinic" at the Volunteer Legal Services Project offices on St. Paul Street on Sept. 21. Ten...