Daily Record (Rochester, NY) back issues from May 2008:
March sales of single-family homes in New York State up from February, down from last year
May 01, 2008; ... Sales of existing single-family homes in New York State in Marchincreased by more than 10 percent compared to February, buy laggedbehind March 2007, according to preliminary single-family sales dataaccumulated by the New York State Association of Realtors (NYSAR). 5,035 existing ...
Erie County process server arrested
May 01, 2008 ... An Erie County process server was released on her ownrecognizance after her arraignment for allegedly filing falseaffidavits of service with the Cattaraugus County Clerk. Annette Forte, 34, of Broadway in Alden claimed that she servedpapers on individuals when she had not, ...
Commentary: A new Act to combat genetic discrimination
May 01, 2008; ... Enthusiasm over the scientific advancements in the area ofgenetic testing has been tempered by the prospect that informationconcerning a person's DNA will be used to deny health insurancecoverage. Despite the potential advantages of early identificationof disease through genetic testing, ...
Case Digests
May 01, 2008 ... U.S. Court of Appeals for the Second Circuit Labor Law FLSA -- Commuting Singh v. City of New York No. 06-2969-cv Appealed from the Southern District of New York Background: The plaintiffs are fire alarm inspectors employed bythe city. The ...
U.S. Court of Appeals for the Second Circuit Case Summaries: May 1, 2008
May 01, 2008 ... U.S. Court of Appeals for the Second Circuit Labor Law FLSA-- Commuting Singh v. City of New York No. 06-2969-cv Appealed from the Southern District of New York Background: The plaintiffs are fire alarm inspectors employed bythe city. The city ...
U.S. District Court, Western District of New York Case Summaries: May 1, 2008
May 01, 2008 ... U.S. District Court, Western District of New York Habeas Corpus Immigration -- Removal Kassama v. Department of Homeland Security 07-CV-6196 CJS Judge Siragusa Background: The petitioner is being detained pending a finalorder of removal under the ...
New York State Court of Appeals Case Summaries: May 1, 2008
May 01, 2008 ... New York State Court of Appeals Sentencing Post-Release Supervision Garner v. New York State Department of Correctional Services 3 No. 57 Background: The petitioner was sentenced for robbery in 2000.Attached to the conviction was a necessary five-year term ...
Appellate Division, Third Department Case Summaries: May 1, 2008
May 01, 2008 ... Appellate Division, Third Department Evidence Disciplinary Rule -- Sufficiency Alicea v. Smith 502205 Article 78 proceeding to review an administrative determination Background: The petitioner, a prison inmate, was found guiltyafter a disciplinary ...
New York AG Cuomo: Medicaid fraud recoveries doubled
May 01, 2008 ... The state attorney general reports that his medicaid fraud unitrecovered nearly twice as much money in 2007 as the year before. The 2007 Annual Report of the New York State Attorney General'sMedicaid Fraud Control Unit (MFCU), says the unit recovered $112.5million in court-ordered ...
Book about former New York Gov. Eliot Spitzer to be published
May 01, 2008 ... A book about the rise and stunning decline of former New YorkGov. Eliot Spitzer, co-authored by the makers of a book anddocumentary about the fall of Enron, is being published by PenguinGroup (USA), Penguin imprint Portfolio announced Wednesday. Peter Elkind, who helped write the ...
Some New York State judges avoid lawmaker cases
May 01, 2008 ... Some state judges are refusing to hear cases brought by the lawfirms of state legislators, who have failed to give them a raise for10 years. "Our chief judge has started a lawsuit, and I think when thejudiciary is suing the Legislature I think it's a conflict for anyjudge to sit ...
Commentary: Retirement and taxes: Some things never end
May 02, 2008; ... Income from various retirement sources may be subject todifferent tax rates and rules. The following summarizes some of thesources of retirement income and how it will be taxed. Defined benefit pension plans Payments you receive from an employer's defined benefit pensionplan ...
Case Digests
May 02, 2008 ... U.S. Court of Appeals for the Second Circuit Commerce Clause Firearms Manufacturers City of New York v. Beretta USA Corp. No. 05-6942-cv Appealed from the Eastern District of New York Background: The defendants are manufacturers and ...
News Briefs
May 02, 2008 ... Manufacturing report shows April squeeze NEW YORK (AP) -- A private trade group says its index ofmanufacturing activity was flat in April, stalled at its lowestlevel in five years, indicating that the economy continues tocontract. The reading of 48.6 Thursday from the ...
Turning a fixer-upper into a home takes a little TLC
May 02, 2008; ... Many homebuyers choose houses that are move-in ready, but a smallgroup goes against the norm to purchase houses that need work, bothcosmetically and structurally. Fixer-uppers can offer buyers a challenge they may welcome, butthey should be well prepared before they purchase ...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: May 2, 2008
May 02, 2008 ... U.S. Court of Appeals for the Second Circuit Commerce Clause Firearms Manufacturers City of New York v. Beretta USA Corp. No. 05-6942-cv Appealed from the Eastern District of New York Background: The defendants are manufacturers and ...
U.S. District Court, Western District of N.Y. Case Summaries: May 2, 2008
May 02, 2008 ... U.S. District Court, Western District of N.Y. Breach of Contract Lost Profit Diversified Construction of Western NY, Inc. v. Sheds USA, Inc. 04-CV-739S Judge Skretny Background: The defendant entered into a contract withDiversified whereby ...
Monroe County Bar Association honors community leaders
May 02, 2008; ... The Monroe County Bar Association celebrated the 50th Anniversaryof Law Day Thursday with a sold-out luncheon and award ceremonyhonoring leaders of the legal community. A record-setting 450 judges, lawyers and guests attended thisyear's event at the Rochester Riverside Convention ...
Appellate Division, 1st Department Case Summaries: May 2, 2008
May 02, 2008 ... Appellate Division, First Department Parental Rights Abandonment In Re Kairi Jazlyn F. v. Catholic Guardian Society 03981 Appealed from Family Court, New York County Background: Family court terminated respondent father's ...
Appellate Division, 3rd Department Case Summaries: May 2, 2008
May 02, 2008 ... Appellate Division, 3rd Department Unemployment Misconduct -- Insubordination Mills v. Miteq, Inc. 503392 Appealed from the Unemployment Insurance Appeal Board Background: The claimant appeals from a decision of the Boardruling that she ...
Rochester Education Briefs: May 2, 2008
May 02, 2008 ... Bryant & Stratton's new forensic library Bryant & Stratton College unveiled a new criminal justicelaboratory with a series of technology demonstrations Thursday. The lab is equipped with the same facial composite software usedby the FBI, CIA and police agencies around the ...
Rochester Government Briefs: May 2, 2008
May 02, 2008 ... DMV services for boat and watercraft owners Monroe County Clerk Cheryl Dinolfo will provide DMV services forwatercraft owners this Saturday, May 3 from 8:30 a.m. to 12:30 p.m.at Shumway Marina, according to a release from the county. "This time of year our staff sees an influx ...
Greater Rochester area invited to CEO Fellows information session
May 02, 2008 ... Chief executives from companies throughout the Greater Rochesterarea are invited to an information session on CEO Fellows -- aunique peer-to-peer learning group that will meet monthly in aneffort to make their companies high performing organizations thatattract and retain top talent and ...
N.Y. Gov. Paterson addresses the mortgage crisis
May 02, 2008 ... Gov. David A Paterson followed a meeting Thursday with thestate's Congressional Delegation by calling on both the FederalGovernment and the New York State Legislature to take additionalsteps to protect New Yorker's against losing their homes, accordingto a release from the ...
Case Digests
May 05, 2008 ... U.S. Court of Appeals for the Second Circuit First Amendment Civil Rights Suit -- Municipal Policymaking Vives v. The City of New York No. 05-1664 Appealed from the Southern District of New York Background: The plaintiff sent a New ...
N.Y. State Court of Appeals vacates criminal negligence sentence
May 05, 2008 ... People v. Cabrera, 3 No. 61, New York State Court of Appeals,opinion by Justice Read: Does the operation of a motor vehicle at a speed of 15-17 milesper hour over the limit on a twisting road resulting in an accidentand the death of several passengers constitute criminally ...
Commentary: Keep your 401(k) strong when the economy is not
May 05, 2008; ... The saying, "When the going gets tough, the tough get going,"attributed to Joseph P. Kennedy, father of President John F.Kennedy, could well become the mantra for 2008 for many Americans. Everything we see on the evening news, read in the paper and hearon the radio screams of ...
Commentary: It's for your own good
May 05, 2008; ... "Of all tyrannies, a tyranny exercised for the good of itsvictims may be the most oppressive. It may be better to live underrobber barons than under omnipotent moral busybodies. The robberbaron's cruelty may sometimes sleep, his cupidity may at some pointbe satiated; but those who ...
News Briefs
May 05, 2008 ... Commission to honor USCT officers The Rochester-Monroe County Freedom Trail Commission will honorthe 200,000 men of color and 7,000 white civil war officers whoconstituted the U.S. Colored Troops (USCT) during its fourth annualtribute, Sat., May 19 and Sun., May 20, according ...
Commentary: Hormone therapy case time barred
May 05, 2008; ... In a split 3-2 decision regarding hormone replacement therapy fora woman with a history of breast cancer, the Appellate Division,Fourth Department said her malpractice claims were time barredbecause the treatment was not for breast cancer. In the case of Kenneth H. Patten v ....
FDIC proposes loans to pay down mortgages
May 05, 2008; ... The Federal Deposit Insurance Corp. (FDIC) recently formulated aplan where homeowners could receive federal loans to pay down theirprincipal costs. According to the FDIC, they are proposing that Congress authorizethe Treasury Department to make loans to borrowers with ...
Rochester-Monroe County Freedom Trail Commission to honor USCT?officers
May 05, 2008 ... The Rochester-Monroe County Freedom Trail Commission will honorthe 200,000 men of color and 7,000 white civil war officers whoconstituted the U.S. Colored Troops (USCT) during its fourth annualtribute, Sat., May 19 and Sun., May 20, according to a release fromthe City. The event, ...
'Flower City Days' at Rochester's Public Market
May 05, 2008 ... "Flower City Days at the Market" are coming to Rochester's PublicMarket, Sundays, May 11 through June 8, and during Memorial Dayweekend, Friday, May 23 through Monday, May 26 from 8 a.m. to 2:00p.m. each day, according to a release from the city. The Flower City Days have become a ...
Rita Moreno at Rochester High Falls International Film Festival
May 05, 2008 ... Over the weekend, Rita Moreno, Oscar, Tony and Grammy-award-winning actress, singer and dancer star kicked off the annual"Children's Shorts from Around the World" film screening at theRochester High Falls International Film Festival (RHFIFF) with areading of a children's book selected in ...
Rochester Philharmonic Orchestra ends season on note of destiny
May 05, 2008 ... As the grand finale to its landmark 85th anniversary season, theRochester Philharmonic Orchestra (RPO), under music directorChristopher Seaman presents Carl Orff's spectacular Carmina Burana,whose text popularized the "wheel of fortune" centuries before VannaWhite, according to a release ...
State of New York to reduce local government costs
May 05, 2008 ... Gov. David A. Paterson announced the recipients of 67 grantstotaling $13.7 million that will help improve efficiency and lead tosavings for taxpayers through partnerships among local governments,according to a release from the state. The grants will be awardedunder the Shared Municipal ...
U.S. Court of Appeals for the Second Circuit Case Summaries: May 5, 2008
May 05, 2008 ... U.S. Court of Appeals for the Second Circuit First Amendment Civil Rights Suit -- Municipal Policymaking Vives v. The City of New York No. 05-1664 Appealed from the Southern District of New York Background: The plaintiff sent a New York City ...
Appellate Division, Third Department Case Summaries: May 5, 2008
May 05, 2008 ... Appellate Division, Third Department Burglary Doorway Assault People v. Prince 100908 Appealed from Supreme Court, Albany County Background: The defendant, who was 15 years old at the time ofthe offenses, was convicted of burglary and assault for ...
U.S. District Court, Western District of New York Case Summaries: May 5, 2008
May 05, 2008 ... U.S. District Court, Western District of New York Discrimination Sexual Harassment Ludwig v. Rochester Psychiatric Center 05-CV-6267L Judge Larimer Background: The plaintiff has brought this suit for illegaldiscrimination under Title VII against ...
Case Digests
May 06, 2008 ... U.S. Court of Appeals for the Second Circuit Federal Arbitration Act Interlocutory Orders Faiveley Transport Malmo AB v. Wabtec Corp. No. 07-5189-cv Appealed from the Southern District of New York Background: In 1993, Wabtec, ...
Prescription drugs account for $1B in upstate N.Y.
May 06, 2008 ... Prescription drugs account for $1 billion in upstate New York Out of more than 3,000 prescribed drugs in upstate New York lastyear, 10 brand-name drugs accounted for more than $1 billion inspending, or nearly 20 percent of the total amount spent onprescription medications, ...
Western New York On The Move
May 06, 2008; ... Hurwitz & Fine PC announced Ann E. Evanko as president of thefirm. Robert P. Fine continues as CEO and chair of the Board ofDirectors. Frontier announces the promotion of Trent Bridges to generalmanager, Rochester metro territory. Bridges will focus on developingworking ...
Monroe County Family Court grants grandmother visitation
May 06, 2008; ... A Monroe County Family Court recently granted a grandmothervisitation rights with her grandson, over the objections of bothparents. "He's the love of my life and I cherish every moment with him,"an emotional Dorothy Martorana told The Daily Record Monday. "Yousee life differently ...
Purchasing a historic home in Rochester
May 06, 2008; ... Rochester is home to many unique localities, such as the Susan B.Anthony neighborhood, East Avenue, Park Avenue and Corn Hill.Historic homes that line these streets are rich with detail andtheir owners take great pride in their dwellings. Potentialpurchasers of these homes should be ...
U.S. Court of Appeals for the Second Circuit Case Summaries: May 6, 2008
May 06, 2008 ... U.S. Court of Appeals for the Second Circuit Federal Arbitration Act Interlocutory Orders Faiveley Transport Malmo AB v. Wabtec Corp. No. 07-5189-cv Appealed from the Southern District of New York Background: In 1993, Wabtec, a designer and ...
New York State Court of Appeals Case Summaries: May 6, 2008
May 06, 2008 ... New York State Court of Appeals Insurance Duty to Defend Worth Construction Co. v. Farm Family Casualty Insurance Co. No. 52 Appealed from the Appellate Division Background: A developer retained plaintiff Worth ConstructionCo., Inc. as general ...
Appellate Division, Fourth Department Case Summaries: May 6, 2008
May 06, 2008 ... Appellate Division, Fourth Department Guilty Plea Sufficiency of Allocution People v. Hinckley KA 06-01443 Appeal from Ontario County Court Background: Defendant pleaded guilty to six different charges,including two counts of sale of drugs. She ...
Maryland law firms announce staffing changes: May 6, 2008
May 06, 2008; ... Hurwitz & Fine PC announced Ann E. Evanko as president of thefirm. Robert P. Fine continues as CEO and chair of the Board ofDirectors. Goldberg Segalla LLP announced Tamara C. Bigford was reappointedpresident of the Western New York Paralegal Association ...
Frontier Communications in Rochester promotes Bridges
May 06, 2008; ... Frontier announces the promotion of Trent Bridges to generalmanager, Rochester metro territory. Bridges will focus on ...
RochesterWorks!, Inc. appoints Pecor as executive director
May 06, 2008; ... RochesterWorks!, Inc. appointed Peter C. Pecor as executivedirector. RochesterWorks! is a not-for-profit organization thatadministers two career centers and funds for employment and trainingservices. Pecor served as the regional administrator for the NewYork State ...
Rochester Legal Briefs: May 6, 2008
May 06, 2008 ... Bob Brenna, a name partner of Brenna, Brenna & Boyce PLCC and acolumnist for The Daily Record, was sworn in last night as presidentof the New York State Academy of Trial Lawyers. New York State Attorney General Andrew Cuomo was expected tospeak at the installation ceremony, which ...
Rochester Hospitality Briefs: May 6, 2008
May 06, 2008 ... City calling all Iron Chef wanna-be's Chef's Days at the Rochester Public Market kicks off thisSaturday with a cooking contest whose winner will be a member of theWild Card Team at the New York Wine & Culinary Center for Slice,Dice and Spice NY, according to a release from the ...
Commentary: The effect of bankruptcy and foreclosure on credit
May 07, 2008; ... Most people believe bankruptcy affects your ability to get creditfor seven years. That is untrue. Most people may file two types. A Chapter 7 bankruptcy filing allows for full discharge ofliability of certain debts. In that scenario, the mortgage clockstarts ...
Commentary: Try to avoid the three big mistakes of investing
May 07, 2008; ... The past six months have been a scary time in the markets. October '07 marked five years of a bull market, according to mostWall Street research. The markets then sold off from October through March. That has happened only five other times since World War II, andthis ...
U.S. District Court, Western District Case Summaries: May 7, 2008
May 07, 2008 ... U.S. District Court, WDNY Eighth Amendment Medical Indifference Tafari v. Stein 01-CV-0841 Judge Scott Background: The plaintiff is a prisoner who had surgery to hisshoulder in 1984 while incarcerated. This surgery required theinsertion of a ...
New resource for Rochester nonprofits
May 07, 2008 ... Area nonprofit organizations have a new online resource with thelaunch of the Center for Community Engagement's new Web site. The site, www.cce-rochester.org, offers instant access toresources designed to help increase nonprofit effectiveness,including an online library of ...
Fourth Department says priest could owe fiduciary duty; diocese might be liable too
May 07, 2008; ... In a precedent-setting case, the Appellate Division of the FourthJudicial Department has found that a priest may owe a fiduciary dutyof care to an adult woman parishioner with whom he had an adulterousaffair while providing marriage counseling. The woman and her husband, identified ...
Commentary: Late at night, lost in the fog of law
May 07, 2008; ... Remember Tyshawn Caldwell, Frederick Lewis, and Devon Scott? Theywere three city kids who were tragically murdered in the spring andsummer of 2006. The community was outraged and demanded that ourleaders take action. What did the City of Rochester do? Among other things, on ...
Construction update: Rochester holds steady
May 07, 2008; ... Spending on nonresidential construction is rising in the UnitedStates, and home-building in Rochester is showing promise. Of the 16 U.S. nonresidential sectors, 14 produced year-over-year spending gains in March, with the largest growth in office(39.6 percent), manufacturing (30.8 ...
Rochester Institute of Technology finishes second in international competition
May 07, 2008 ... Rochester Institute of Technology's (RIT) Baja SAE team capturedsecond place at an international Baja competition on May 3,according to a release from RIT. Baja SAE is a student-design competition sponsored the Society ofAutomotive Engineers. Students build all-terrain vehicles ...
Appellate Division, Third Department Case Summaries: May 7, 2008
May 07, 2008 ... Appellate Division, Third Department Tax Assessments Arm's Length Sales Brooks Drugs, Inc. v. Board of Assessors 03964 Appealed from Supreme Court, Schenectady County Background: The petitioner, now owned by CVS, challenges taxassessments for the ...
Rochester Philharmonic Orchestra to help Veterans outreach center
May 07, 2008 ... On Wednesday, May 21, the Rochester Philharmonic Orchestra (RPO),with Bank of America and Veterans Outreach Center will celebrate therelease of the RPO's new recording, HONOR: Portraits of America,with a public CD release party from 5 to 7 p.m. at Veterans OutreachCenter, 459 South ...
Altered book workshop at Central Library of Rochester
May 07, 2008 ... The Central Library of Rochester and Monroe County will hostAltered Books Workshops on Saturday, May 17 and Tuesday, May 20, 2to 4 p.m. in the Kate Cleason Auditorium, 115 South Ave. Altered books is a newly revived art that transforms old,unwanted books into works of art. After a ...
Alzheimer's Association caregiver support group in Brockport moves to new location
May 07, 2008 ... The Alzheimer's Association caregiver support group in Brockporthas moved to a new location, according to a release from theAlzheimer's Association. Meetings will now be on the second Thursdayof each month from 7 to 8:30 p.m. at Lakeside Memorial Hospital, 156West Ave. Anyone ...
Appellate Division, Fourth Department Case Summaries: May 7, 2008
May 07, 2008 ... Appellate Division, Fourth Department Sex Offender Registration Act Acceptance of Responsibility Factor People v. Ireland KA 06-00425 Appeal from Oneida County Court Background: Defendant was convicted in 1987 of a sex crime.Pursuant to federal ...