Daily Record (Rochester, NY) back issues from January 2008:
'The Daily Record' celebrates 100 years of serving Western New York
Jan 01, 2008; ... It is the dawn of a new year in a still-new century, and cutting-edge technologies are changing the way we see ourselves and interactwith the world. The world is smaller than ever, and America is intent onexpanding its presence. U.S. President Theodore Roosevelt is bullishon ...
Commentary: Is it really an indicator, or historically similar?
Jan 01, 2008; ... I love this time of year -- the holidays, college bowl games, NFLplayoffs, the start of the PGA Tour -- and people prognosticatingwhat will happen in the markets in the upcoming year. I've even shared with the readers here how I've saved the variousannual research articles -- "who ...
Co-founder of Karpus Investment Management Jo Ann Van Degriff retires
Jan 01, 2008; ... After 40 years in the financial services business, Jo Ann VanDegriff, executive vice president and co-founder of KarpusInvestment Management, re-tired effective Dec. 31, 2007. She assumed the designation of ...
Commentary: Use of employer's e-mail in attorney-client communication raises privilege concerns
Jan 03, 2008; ... E-mail has transformed the way most people communicate. Huge amounts of data now travel from desktop to desktop at thespeed of light. Developing case law raises privilege concernsregarding e-mail communications between attorneys and their clients.Recent decisions indicate that the ...
The Community Indicators Project to begin by September
Jan 03, 2008; ... The Community Indicators Project, a joint venture between theRochester Area Community Foundation and the United Way of GreaterRochester, is now in the planning phase and officials expect it canbe launched by September. Community indicators are measures of the overall health of ...
New York single-family home sales slowed in November
Jan 03, 2008; ... Sales of existing single-family homes in New York State slowed inNovember, which is typical for the seasonal market, to a levelcharacteristic of the pre-boom market, according to the New YorkState Association of Realtors (NYSAR). The November 2007 sales total of 6,770 represents a ...
New York Division of Human Rights files complaint against Cheektowaga housing project
Jan 04, 2008; ... A $100 million student housing project in Cheektowaga likely willface additional financing problems after the state Division of HumanRights's recent filing of a complaint alleging discriminationagainst families and minorities. The proposed student housing previously was part of ...
Commentary: Public defender problems won't be fixed anytime soon
Jan 04, 2008; ... Edward J. Nowak has served as Monroe County Public Defender since1977. He retired as of Dec. 28, 2007. In his 30 years of service, wegrew accustomed to the attorneys of his office rendering, sometimesunder trying circumstances, a high level of assistance to the pooraccused of ...
Canandaigua National Bank & Trust shows growth
Jan 04, 2008; ... Canandaigua National Bank & Trust is showing signs of financialgrowth and market expansions, according to a recent release from thebank. CNB's third quarter net income was reported at a 13 percentincrease over last year's. CNB reported earnings per share of $6.88compared to last ...
Commentary: The tech GAAP: What we need to know
Jan 04, 2008; ... To attract more investment opportunities and stock listings toU.S. exchanges, this past summer the Securities and ExchangeCommission proposed allowing foreign companies to file financialresults using international financial reporting standards withoutreconciling the figures to U.S ....
International law firm of Nixon Peabody names new managing partner
Jan 09, 2008; ... The international law firm Nixon Peabody LLP this week namedRichard F. Langan Jr. to succeed Harry Trueheart as chief executiveofficer and managing partner. Langan started with Nixon Hargrave in 1980 as a first-yearassociate. For the past few years he has led the firm's Business ...
Commentary: Retirement income: Trends and concerns
Jan 09, 2008; ... When the baby boomers entered the workforce, retirement incomewas to come from three sources, often referred to as the three-legged stool: Social Security, a company pension plan and privatesavings. Two of these were in the form of annuities, typically monthlypayments. The ...
Commentary: Welcome to the new, more financially savvy, you
Jan 09, 2008; ... Another year is gone, as we look forward to what awaits us for2008. Now is the time to reflect on the past and plan for the future,and to make resolutions. Every year, we look back at the things wewould like to change, and then we tell ourselves this is the yearwe'll make the ...
Case Digests
Jan 09, 2008 ... U.S. Court of Appeals for the Second Circuit Habeas Corpus Sufficiency of Evidence Haouari v. United States Issue: Is petitioner's second habeas petition sufficient under 28U.S.C. [section]2244(b)(3)(A) where the petition lacks a prima facieshowing to the ...
U.S. Court of Appeals, Second Circuit Case Summaries: January 9, 2008
Jan 09, 2008 ... Habeas Corpus Sufficiency of Evidence Haouari v. United States Issue: Is petitioner's second habeas petition sufficient under 28U.S.C. [section]2244(b)(3)(A) where the petition lacks a prima facieshowing to the circuit court of "clear and convincing evidence thatno ...
N.Y. State Court of Appeals Case Summaries: January 9, 2008
Jan 09, 2008 ... Criminal Procedure Jury Trial -- Number of Jurors People v. Gajadhar Issue: Was the defendant's consent to a jury of less than 12 whena juror became ill during deliberations valid under the New YorkConstitution? Background: At the conclusion of the trial, ...
N.Y. Appellate Division, Fourth Department Case Summaries: January 9, 2008
Jan 09, 2008 ... Personal Injury Primary Assumption of Risk Lauricella v. Friol Issue: A personal injury action was brought after plaintiff fellinto an open pit that was eight- or nine-feet deep, inside abuilding owned by defendants. Background: The fact that the open ...
Commentary: Analog television is dead
Jan 14, 2008; ... A recent letter to the editor of a local paper concerned acomplaint about the impending switch from analog (aka "traditionalbroadcast") to digital television. Rules for the conversion, which require full-power televisionstations to cease broadcasting in analog format by Feb. 17, ...
U.S. Court of Appeals for the Second Circuit Case Summaries: January 14, 2008
Jan 14, 2008 ... U.S. Court of Appeals for the Second Circuit Equal Protection 'Batson' -- Peremptory Strikes Cousin v. Bennett 03-2837-pr Appealed from the Eastern District of New York Issue: Does a Batson challenge for a prosecutor's allegedlyracially ...
U.S. District Court, Western District of N.Y. Case Summaries: January 14, 2008
Jan 14, 2008 ... U.S. District Court, Western District of N.Y.Default Judgment Class Actions Discovery -- Case Management AJ.S. v. Attica Central Schools 00-CV-513S(F) Judge Foschio Issue: Should a defendant's education consultants be able ...
New York State Court of Appeals Case Summaries: January 14, 2008
Jan 14, 2008 ... New York State Court of Appeals Criminal Jurisdiction Particular Effect People v. Zimmerman No. 131 Appealed from the First Department Issue: Is the "particular effect" theory of geographicjurisdiction sufficient to confer jurisdiction to a ...
New York Attorney General Andrew Cuomo appointed as special prosecutor
Jan 15, 2008; ... Gov. Eliot Spitzer on Saturday announced the appointment ofAttorney General Andrew M. Cuomo as a special prosecutor toinvestigate the murders of Arlene and Seymour Tankleff. The appointment authorizes Cuomo to consider all of the evidencegathered so far, conduct his own ...
Commentary: Big Ox: Not quite a breath of fresh air
Jan 15, 2008; ... Do you believe in Bigfoot? Think crystals have mystical healing powers? Completely and blindly trust your health to anything with anAsian-sounding name based on "ancient tradition"? Then you'll love canned oxygen! Ever have one of those days where you'd really ...
Western New York Lawyers in the News: January 15, 2008
Jan 15, 2008 ... The Bonadio Group promoted Karl Hagen, Jeff Paille and AlanVitberg to principals in the firm. Hagen previously served as amanager in the management advisory services division. Paillepreviously served as a manager in the audit division, specializingin audits of tax-exempt organizations ....
Rochester Real Estate Spotlight: Michael Liess
Jan 15, 2008; ... Michael Liess graduated from the Rochester Institute ofTechnology with a degree in criminal justice, but got hooked on realestate after watching an infomercial during late night television. Liess began his career in real estate by rehabilitatingdistressed properties in the ...
Case Digests
Jan 15, 2008 ... U.S. Court of Appeals for the Second Circuit Immigration Asylum -- Persecution -- Changed Country Conditions Ogunwomoju v. United States 06-3734-pr Appealed from the Southern District of New York Issue: Did the district court have ...
U.S. Court of Appeals for the Second Circuit Case Summaries: January 15, 2008
Jan 15, 2008 ... U.S. Court of Appeals for the Second Circuit Immigration Asylum -- Persecution -- Changed Country Conditions Ogunwomoju v. United States 06-3734-pr Appealed from the Southern District of New York Issue: Did the district court have ...
U.S. District Court, Western District of N.Y. Case Summaries: January 15, 2008
Jan 15, 2008 ... U.S. District Court, Western District of N.Y. Due Process Corrections -- Misbehavior Lebron v. Artus 06-CV-0532(VEB) Judge Bianchini Issue: What are the due process requirements for a prisondisciplinary action on the issues of evidence, hearing ...
Appellate Division, Fourth Department Case Summaries: January 15, 2008
Jan 15, 2008 ... Appellate Division, Fourth Department Cooperation Particular Effect People v. Perez Issue: When the police lack probable cause to arrest, may aperson decline to cooperate? Background: Police officers in Oneida County were called to anapartment ...
Case Digests
Jan 16, 2008 ... U.S. Court of Appeals for the Second Circuit Default Judgment Damages -- Interest Silge v. Merz 06-0629-cv Appealed from the Southern District of New York Issue: May prejudgment interest not requested in the complaint'sad damnum ...
Commentary: Attorney may not use client funds trust as improper shield
Jan 16, 2008; ... The Code of Professional Responsibility bars commingling offunds, DR 9-102, 22 NYCRR 1200.46. The prohibition works two ways. Concern is not just ofcommingling client funds with attorney funds, but also ofcommingling attorney funds with client funds. When an attorney is ...
Commentary: The benefits to giving back to your alma mater
Jan 16, 2008; ... College was a place to learn and a time to grow. As the years pass, it becomes easier to realize what those yearsprovided and it's only natural to want to return the favor. Thereare many different ways to give back to the schools that did so muchto shape us. From creating ...
Commentary: Static fund structure is advantageous
Jan 16, 2008; ... Investors today have been swarmed with products and options tochoose from when constructing a portfolio. The past five years have seen a variety of investment mandatesemerge -- interest rate swaps, real-estate investment trusts,leveraged sector exchange traded funds, the growth of ...
Attorney certificates a family tradition in N.Y.
Jan 16, 2008; ... What is it about the delicately arching script that seems to swimdown the page in graceful waves of text, broken only by the boldmasts of a broad-penned name in Old English letters and a shiny goldseal? Is it the subtle visual allusion to historic documents like theU.S ....
U.S. District Court Case Summaries: January 16, 2008
Jan 16, 2008 ... U.S. District Court Bankruptcy Sale of Debtor Assets In Re L.J. Hutchins Automotive Supply Co. Inc. Brick, as Trustee v. Hutchins 03-17306 K Judge Kaplan Issue: Is summary judgment appropriate in favor of a purchaser ofdebtor's assets ...
U.S. Court of Appeals Second Circuit Case Summaries: January 16, 2008
Jan 16, 2008 ... U.S. Court of Appeals for the Second Circuit Default Judgment Damages -- Interest Silge v. Merz 06-0629-cv Appealed from the Southern District of New York Issue: May prejudgment interest not requested in the complaint'sad damnum clause be awarded ...
Case Digests
Jan 17, 2008 ... U.S. Supreme Court Right to Counsel Sentencing -- Mootness Arave v. Hoffman No. 07-110 Issue: What action is appropriate where the respondent hasabandoned the portion of his claim that forms the basis of theState's appeal of an unfavorable ruling ...
Commentary: Understanding the work of co-op weather observers
Jan 17, 2008; ... If every slip and fall accident occurred on the grounds of thelocal airport there would be far less work for people like me. After all, the local airport usually is home to a large city'sofficial weather station. If the slip and fall occurred at theairport, there would never be ...
Commentary: A look back at 2007
Jan 17, 2008; ... The year 2007 is over but it will never be forgotten. It is ayear that will be remembered for many things, both good and bad. Itwas a year that saw our legal community reach historic milestones,while others were set back by dissention, turmoil and strife. As we look ahead to the ...
Commentary: Representing clients through insurance coverage issues
Jan 17, 2008; ... Clients named in litigation must not only defend against the mainclaim, but often are forced to deal with issues of insurancecoverage. Will an insurance company pay defense costs? Can I select counselpaid for by the insurer? What about payment towards a possiblesettlement or ...
U.S. Supreme Court Case Summaries: January 17, 2008
Jan 17, 2008 ... U.S. Supreme Court Right to Counsel Sentencing -- Mootness Arave v. Hoffman No. 07-110 Issue: What action is appropriate where the respondent hasabandoned the portion of his claim that forms the basis of theState's appeal of an unfavorable ruling to the ...
U.S. Court of Appeals for the Second Circuit Case Summaries: January 17, 2008
Jan 17, 2008 ... U.S. Court of Appeals for the Second Circuit Sentencing Notice -- Bias United States v. Day 05-4285-cr Appealed from the Eastern District of New York Issue: Does a resentencing after remand require notice tocounsel, reasons for the sentence to be ...
U.S. District Court Case Summaries: January 17, 2008
Jan 17, 2008 ... U.S. District Court ADA Retaliation Caruso v. Camilleri 04-CV-167A Judge Arcara Issue: Will a claim of retaliation stand under the ADA where thedefendant offers legitimate reasons for its actions and theplaintiff offers no evidence that these ...
N.Y. State Court of Appeals Case Summaries: January 17, 2008
Jan 17, 2008 ... New York State Court of Appeals Civil Service Law Misconduct -- Demotion Torrance v. Stout No. 49 Appealed from the Second Department Issue: Does the Appellate Division have discretionary authorityin an Article 78 proceeding to review a penalty ...
Cornell University receives $2M for stem cell research
Jan 17, 2008; ... Cornell University, including the Ithaca and New York Citymedical college campuses, received nearly $2 million in grants toconduct stem cell research, according to a release from Gov. EliotSpitzer. Approved by the funding committee ...
Rochester gets $6M grant
Jan 17, 2008; ... Rochester Mayor Robert J. Duffy on Tuesday announced the city'sreceipt of two funding awards, totaling $6 million, through theEmpire State Development Corp.'s Restore New York CommunitiesInitiative. The program provides financial assistance to municipalities fordemolition, ...
New York State Court of Appeals suspends case tracking rule
Jan 17, 2008; ... The New York State Court of Appeals recently suspended Rule510.18, which requires data reports in capital cases to be collectedand compiled into a Capital Case Data Report. The rule's sole purpose was to review the proportionality ofdeath sentences. The data reports capture ...
Xerox awarded 584 patents in 2007
Jan 17, 2008; ... Xerox Corp. was granted 584 U.S. utility patents in 2007, andcompany leaders said many are already fueling new technologiesembedded in products and services Xerox brought to market within thelast year. Others will provide foundations for the company's next generationof products ...
Case Digests
Jan 19, 2008 ... U.S. Supreme Court Federal Claims Statute of Limitations John R. Sand & Gravel Co. v. United States No. 06-1164 Appealed from the Federal Circuit Issue: Must a court raise and consider on its own the issue oftimeliness in a Court ...
Western New York financial firms announce staffing changes: January 21, 2008
Jan 21, 2008 ... Empire Justice hired Rita Eygabroad, Candice A. Lucas, RebecahCorcoran and Tina Marie Harper. Eygabroad was hired as director ofthe C.A.S.H. coalition (creating assets, savings and hope), whichgives free assistance to low-income people in preparing income taxreturns and also offers ...
Bergmann Associates hires Kimberly Baptiste as a senior planner in company's Rochester office
Jan 21, 2008 ... Bergmann Associates hired Kimberly Baptiste as a senior plannerin the company's Rochester office. She will be responsible ...
Appellate Division, Third Department Case Summaries: January 21, 2008
Jan 21, 2008 ... Appellate Division, Third Department Neglect Minimal Degree of Care In the Matter of Aiden L. 501804 Issue: Was an adjudication of neglect based upon domesticviolence and a filthy, trash-filled home proper? Background: The appellant summoned the ...
U.S. Supreme Court Case Summaries: January 21, 2008
Jan 21, 2008 ... U.S. Supreme Court Federal Claims Statute of Limitations John R. Sand & Gravel Co. v. United States No. 06-1164 Appealed from the Federal Circuit Issue: Must a court raise and consider on its own the issue oftimeliness in a Court of ...
Western New York Laywers in the News: January 21, 2008
Jan 21, 2008 ... Hodgson Russ LLP announced the election of Eileen M. Martin,Lizabeth A. Martin, Kenneth D. Suzan, Jill L. Yonkers of the firm'sBuffalo office and Kenneth A. Wenzel as partners in the firm.Elizabeth Martin and Lizabeth Martin are members of the firm'simmigration practice group. Suzan is a ...
Monroe Ambulance sues Rochester City Council over contract issue
Jan 21, 2008; ... Monroe Ambulance has filed an Article 78 Petition against theCity of Rochester, City Council and Rural/Metro Medical Servicesclaiming irregularities and illegalities in the process thatresulted in the city council's decision to award an ambulancecontract to Rural/Metro Medical Services ...
Rochester Legal Briefs: January 21, 2008
Jan 21, 2008 ... Action Seeks Health Insurance for Children The Empire Justice Center has filed the first lawsuit in thenation that represents children affected by new federal restrictionson the State Children's Health Insurance Program (SCHIP). Three families are challenging the Bush ...
Monroe County home sales for December 2007
Jan 23, 2008; ... Existing single-family home sales in December 2007 were down by18.3 percent compared to November 2007, according to the GreaterRochester Association of Realtors (GRAR). The number of homes listed for sale decreased by 30.5 percentcompared to the month before, and decreased by 17.2 ...
Case Digests
Jan 23, 2008 ... u.s. district Court, wdny Interest on Award Date of Judgment McEachin v. McGinnis 02-CV-6005CJS(Fe) Judge Siragusa Issue: May the parties to a suit contract to alter the terms of28 U.S.C. [section]1961 and agree to a rate of interest ...
N.Y. Gov. Spitzer appoints Braveman to IOLA board
Jan 23, 2008; ... Nazareth College President Daan Braveman recently was appointedby Gov. Eliot Spitzer to serve on the board of trustees for theInterest on Lawyer Account (IOLA) Fund. He was named along with three other new trustees -- PeterSherwood, partner, Manatt, Phelps & Phillips LLP, New York ...
Commentary: Bargain closed-end municipal bonds funds
Jan 23, 2008; ... As baby boomers retire, they seek a steady income stream fromtheir investments. With current U.S. Treasury levels at 3.62 percent for a 10-yearmaturity, and only 4.28 percent for the 30-year maturity, how can anincome-oriented investor receive a hefty 5 percent current ...
U.S. District Court Case Summaries: January 23, 2008
Jan 23, 2008 ... U.S. District Court Interest on Award Date of Judgment McEachin v. McGinnis 02-CV-6005CJS(Fe) Judge Siragusa Issue: May the parties to a suit contract to alter the terms of28 U.S.C. [section]1961 and agree to a rate of interest differingfrom the ...
Appellate Division, Fourth Department Case Summaries: January 23, 2008
Jan 23, 2008 ... Appellate Division, Fourth Department Damages Negligence -- Jury Apportionment of Fault Ivezic v. Tully Construction Corp. 00335 Appealed from Supreme Court, Bronx County Issue: Is a court modification of a jury's verdict necessarywhere ...
Rochester Institute of Technology professor endows accounting scholarship
Jan 23, 2008; ... RIT Accounting Professor Daniel Tessoni and Irondequoit nativeand RIT alumnus James Salzano on Tuesday announced their co-sponsorship of the Daniel D. Tessoni Endowed Accounting Scholarshipin the Saunders College of Business. Details on the scholarship have yet to be determined, ...
Case Digests
Jan 25, 2008 ... U.S. Court of Appeals for the Second Circuit Education Accommodations -- Administrative Remedies Cave v. East Meadow Union Free School District 07-1120-cv Appealed from Eastern District of New York Issue: Does a district ...
Commentary: Small businesses must protect against fraud
Jan 25, 2008; ... Recently I have been working with an owner of a small businesshere in Rochester to establish some internal controls. His business has been growing rapidly, and he is no longer ableto oversee all financial processes. Instead, he hired additionalstaff, enabling his focus to remain ...