Daily Record (Rochester, NY) back issues from October 2008:
Is the LSAT's importance waning?
Oct 01, 2008; ... A new admissions program at the University of Michigan Law Schoolhas the blogs buzzing and other school admissions officersscratching their heads -- but not at the University at Buffalo LawSchool, where a similar program has already been in place for fouryears. Like Buffalo's ...
Rehab tax credit expansion legislation vetoed by New York governor
Oct 01, 2008; ... While legislation that would have made more areas in New Yorkeligible for historic rehabilitation tax breaks failed recently,preservationists are hopeful more state money will be freed up topreserve old buildings and find new uses for them. The legislation, vetoed by Gov. David A ....
The Daily Record News Briefs: October 1, 2008
Oct 01, 2008; ... Law firm opens Rochester office The law firm of Bond, Schoeneck & King PLLC this week formallyannounced the opening of an office in Rochester. The firm employs 190 lawyers in 12 offices in New York, Floridaand Kansas. The Rochester office officially opened in ...
Commentary: Taking a long-term approach to retirement savings
Oct 01, 2008; ... It has been more than a year since the first signs of troubleappeared in the capital markets appeared. Through the past year, with almost uncanny regularity,announcements of companies in further financial difficulty dominatedthe news, culminating in the events of the past week -- ...
Commentary: Paying the fee for the damage done: Student plaintiffs awarded attorney fees
Oct 01, 2008; ... In my last column, I told you how an obscure school districtoutside Pine Bluff, Ark., banned students from wearing blackarmbands to protest a new dress code policy. The district did not think the landmark decision on the subject,Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 ...
U.S. District Court for Northern New York Case Summaries: October 1, 2008
Oct 01, 2008; ... U.S. District Court, Northern New York Restraining Order Capital District Physicians' Health Plan v. Ryan 08-CV-979 Judge Kahn Background: The complaint in the case, alleging Ryan'smisappropriation of confidential, proprietary information anddocuments ...
Appellate Division, Third Department Case Summaries: October 1, 2008
Oct 01, 2008; ... Appellate Division, Third Department Attorney Discipline In the Matter of Scott D-54-08 Background: The respondent attorney was admitted to practice bythe Fourth Department in 2000 and maintains a law office in the Townof Franklin, Delaware County. In June, the ...
U.S. District Court for Western New York Case Summaries: October 1, 2008
Oct 01, 2008; ... U.S. District Court, Western New York Job Discrimination Braxton v. Erie County District Attorney 06-CV-311 Judge Arcara Background: The plaintiff has been employed by the Erie CountyDistrict Attorney's Office since 1993 and is now is a ...
Rochester-area communities challenged to reduce their energy use
Oct 02, 2008; ... The turnout has been a little disappointing so far, butorganizers remain optimistic that the "Low Carbon Diet Challenge"will take off in Rochester and on the region's college campuses. Based on David Gershon's book "Low Carbon Diet: A 30 Day Programto Lose 5000 Pounds," the ...
Affordable housing suffering crunch
Oct 02, 2008; ... Rochester's Cornerstone Group Ltd. closed on its Olean-Kennedyhousing addition in January, adding 32 units on the city's southwestside. Lawrence Jones, a development associate with the group, isgrateful for it. Now, two of his firm's affordable housing projectswill be delayed in ...
The Daily Record News Briefs: October 2, 2008
Oct 02, 2008; ... Bonadio Group expands into Albany The Bonadio Group's recently completed merger with Albany-basedDR Group, expands its markets Upstate New York to six, the firmannounced Tuesday. Now in the third of three years, the merger enables the Pittsford-based accounting, tax, ...
Commentary: On fate versus free will
Oct 02, 2008; ... At the end of the movie "Forrest Gump," the main character triesto resolve whether his mother's belief in divine intervention can besquared with Lt. Dan's earlier protestations to God that we're alljust being tossed around at random like feathers in the wind. Gump ultimately comes ...
Commentary: Attorneys not obliged to tell carriers of client misconduct
Oct 02, 2008; ... Do attorneys have an obligation to notify their professionalliability carriers of a client's misconduct when a claim ofprofessional malpractice against a law firm, based on the firm'srepresentation of that client, is likely? In Executive Risk Indem. Inc. v. Pepper Hamilton LLP, ...
U.S. Court of Appeals for the Second District Case Summaries: October 2, 2008
Oct 02, 2008; ... U.S. Court of Appeals for the Second Circuit 'Habeas Corpus' Rubin v. Garvin 06-1614-pr Appealed from the Northern District of New York Background: In 1999, petitioner Rubin was convicted in New YorkSupreme Court, Albany County, of one count of ...
U.S. Court of Federal Claims Case Summaries: October 2, 2008
Oct 02, 2008; ... U.S. Court of Federal Claims Section 8 Housing Pennsauken Senior Towers v. U.S. No. 07-174C Judge Lettow Background: The plaintiffs have contracts with the United States,acting through the Department of Housing and Urban Development,under the "Section 8" ...
U.S. District Court for Western New York Case Summaries: October 2, 2008
Oct 02, 2008; ... U.S. District Court, Western New York Civil Rights Williams v. County of Niagara 06-CV-291 Judge Arcara Background: Plaintiffs move for class certification in theaction, which alleges federal civil rights violations stemming fromNiagara County's alleged ...
Appellate Division, Second Department Case Summaries: October 2, 2008
Oct 02, 2008; ... Appellate Division, Second Department Medical Malpractice Bazakos v. Lewis 07081 Appealed from Supreme Court, Nassau County Background: At issue in the appeal is whether an injury caused bya physician conducting a medical examination, in the context of ...
Appellate Division, Third Department Case Summaries: October 2, 2008
Oct 02, 2008; ... Appellate Division, Third Department Plea Agreement People v. Faulkner 101247 Appealed from County Court, Albany County Background: The defendant appeals from an order convicting himupon his pleading guilty to the crime of second degree assault ....
Greece Central School District in New York prevails in 1990s contract dispute
Oct 03, 2008; ... The Greece Central School District recently won a court caserelated to a costly and troubled capital improvement project thatdates back to the late 1990s. Weeks after the newly constructed portions of eight schools wereforced to close for safety issues, the district won an ...
Xceed Financial expands to Pittsford
Oct 03, 2008 ... Xceed Financial Credit Union is opening a new financial center inPittsford, at 3330 Monroe Ave. Based in El Segundo, Calif., the credit union started asScientific Data Systems Credit Union before becoming Xerox ...
Commentary: Hidden issues in market rate renewal options
Oct 03, 2008; ... A renewal option in a commercial lease often is granted freely tothe tenant by the landlord, even though the option is one-sided --it will be exercised only if it is beneficial to the tenant. Even when the option is given in exchange for some concession bythe tenant, the landlord ...
U.S. Court of Appeals for the Second Circuit Case Summaries: October 3, 2008
Oct 03, 2008; ... U.S. Court of Appeals for the Second Circuit Medicare Estate of Landers v. Leavitt 06-4921-cv Appealed from the District of Connecticut Background: Medicare participants brought a class actionchallenging the denial of coverage for post-hospitalization care ...
U.S. District Court for Western New York Case Summaries: October 3, 2008
Oct 03, 2008; ... U.S. District Court, Western New York Job Discrimination Malcolm v. Honeoye Falls-Lima Central School District 08-CV-6300 Judge Larimer Background: In a Title VII action, the plaintiff, an African-American female, alleges job discrimination based on age, ...
U.S. District Court for Northern New York Case Summaries: October 3, 2008
Oct 03, 2008; ... U.S. District Court, Northern New York Civil Rights Kelly v. Dawson's Towing Inc. 06-CV-351 Judge Scullin Background: In his second amended complaint, the plaintiffasserts the State of New York ordered his vehicle to be impoundedand hired the defendant ...
Appellate Division, First Department Case Summaries: October 3, 2008
Oct 03, 2008; ... Appellate Division, First Department Attorney Discipline Matter of Campos-Galvan 07177 Background: The respondent attorney was admitted by the FirstDepartment in 2001 and submitted his resignation following theinstitution of disciplinary proceedings. The ...
Appellate Division, Second Department Case Summaries: October 3, 2008
Oct 03, 2008; ... Appellate Division, Second Department Contract Reformation Lieberman v. The Greens at Half Hollow LLC 07095 Appealed from Supreme Court, Suffolk County Background: In an action for reformation of a contract and torecover damages for fraud, the defendant ...
250south in Rochester (almost) ready for ribbon cutting
Oct 03, 2008; ... Christopher Lopez used to drive past 250 South Ave. and thinkabout what an awesome living space it could be. Tucked behind Geva Theatre, near the South Wedge and with easy I-490 access, Lopez thought the c. 1910 building had potential. Onceit was part of a bathhouse complex, but ...
PAETEC's plans pick up steam for its new global headquarters in downtown Rochester
Oct 06, 2008; ... PAETEC last week released the latest plans for its new globalheadquarters in downtown Rochester. The $100 million project will be built on the site of the formerMidtown Plaza. PAETEC officials said the building's size, between nine and 10stories, is a little smaller than ...
New law in New York aims to reduce offender concentrations
Oct 06, 2008; ... New York State is home to 16,177 sex offenders, or 886.4offenders per million New Yorkers, according to the private Web sitefamilywatchdog.us. And certain neighborhoods have more than their fair share ofoffenders living there, some elected leaders say. A new state law signed ...
The Daily Record News Briefs: October 6, 2008
Oct 06, 2008 ... State employee sentenced A former state Department of Education employee was sentenced totwo to six years in prison for stealing historic documents andartifacts from the New York State Library and Archives and sellingthem on eBay, Attorney General Andrew Cuomo said ...
Commentary: Technology, social media and the penal code
Oct 06, 2008; ... While working on the annual update for the West criminal lawtreatise that I co-author, "Criminal Law in New York," I noted withinterest the effect of the increasing use of social media andtechnology on New York's penal code and interpretive case law. Not surprisingly, the crime of ...
Commentary: How to get back to retirement basics
Oct 06, 2008; ... These are certainly crazy times in the investment world. I did not realize to what extent until dinner last week, when mybrother-in-law actually asked my advice -- a first. He wanted to know where to invest his retirement money. Icouldn't answer his question. Needless to say, ...
U.S. Court of Appeals for the Second Circuit Case Summaries: October 6, 2008
Oct 06, 2008 ... U.S. Court of Appeals for the Second Circuit Due Process Judicial Error U.S. v. Al-Moayad 05-4186-cr Appealed from the Eastern District of New York Background: The defendants were convicted of conspiring toprovide and attempting to provide material ...
Appellate Division Third Department Case Summaries: October 6, 2008
Oct 06, 2008 ... Appellate Division, Third Department Evidence Sufficiency People v. Richardson 100954 Appealed from Supreme Court, Albany County Background: The defendant was convicted of arson and insurancefraud following an insurance claim on a fire that started ...
Appellate Division, First Department Case Summaries: October 6, 2008
Oct 06, 2008 ... Appellate Division, First Department Real Property Sufficiency Brown v. Nelson 07198 Appealed from Supreme Court, New York County Background: The defendant's brick garage wall encroached onto theplaintiff's property, leading to litigation. After a ...
Western New Yorkers on the Move: October 7, 2008
Oct 07, 2008; ... The Rochester law firm of ChamberlainD'Amanda recently addedthree associates: Robert G. McCarthy joined the firm's labor andemployment group; Wynn L. Bowman joined the litigation group; andNatella N. Reinstein joined the firm's family law department.McCarthy litigates labor and ...
Case Digests
Oct 07, 2008 ... u.s. district Court, Wdny Fourth Amendment U.S. v. Williams 07-CR-6124 Judge Larimer Background: The defendant moved to dismiss the indictmentcharging firearms offenses, to suppress statements made at the timeof his arrest on April 13, 2007, and ...
The Daily Record News Briefs: October 7, 2008
Oct 07, 2008 ... Business Council officers named The Business Council of New York State's Board of Directorsrecently elected Kevin Burke, president and CEO of ConsolidatedEdison Inc. as chairman of the council's board for 2009. The board also re-elected Paul S. Speranza, vice chairman ...
N.Y. Gov. Paterson: Stop wasteful spending
Oct 07, 2008; ... Forecasting a potential $2 billion budget shortfall, the New YorkState legislature will tackle the state's budget earlier thanplanned in light of its financial troubles. While it's too early to tell where they'll be made, the messagefrom Albany officials is that cuts are coming ....
Mass. Appellate Division, Fourth Department applies presumption against suicide
Oct 07, 2008; ... In a split decision issued Friday, the Appellate Division, FourthDepartment annulled a medical examiner's determination of suicide inthe case of a former nun who died of a drug overdose on EasterSunday. In dissent, Presiding Justice Henry J. Scudder and Justice RobertG. Hurlbutt ...
U.S. District Court, Western District of N.Y. Case Summaries: October 7, 2008
Oct 07, 2008 ... U.S. District Court, Western District of N.Y. Fourth Amendment U.S. v. Williams 07-CR-6124 Judge Larimer Background: The defendant moved to dismiss the indictmentcharging firearms offenses, to suppress statements made at the timeof his arrest on April ...
U.S. District Court, Northern District of N.Y. Case Summaries: October 7, 2008
Oct 07, 2008 ... U.S. District Court, Northern District of N.Y. Competency U.S. v. Vejvoda 08-CR-240 Judge Scullin Background: In May, the government filed a motion for a hearingto determine the defendant's mental competency. The government basedits motion on the ...
Appellate Division, First Department Case Summaries: October 7, 2008
Oct 07, 2008 ... Appellate Division, First Department Neglect Matter of Mykle Andrew P. 07182 Appealed from Family Court, New York County Background: The child's father appeals from the family court'sfinding of permanent neglect and the order that committed the childto ...
Appellate Division, Second Department Case Summaries: October 7, 2008
Oct 07, 2008 ... Negligence Knizeski v. Settembres Limousine Inc. 07216 Appealed from Supreme Court, Richmond County Background: The plaintiffs, a father and daughter, were injuredin a motor vehicle accident while riding in a limousine en route tothe daughter's wedding. The ...
Appellate Division, 2nd Department Case Summaries: October 8, 2008
Oct 08, 2008 ... Appellate Division, Second Department Divorce Davidson v. Davidson 07206 Appealed from Supreme Court, Rockland County Background: In an action for divorce, the defendant, who lives inLondon, U.K., and who was imprisoned for more than three ...
U.S. Bankrupcty Court, Western District of N.Y. rules no debtor exemption for recovery under the ADA
Oct 08, 2008 ... Is a debtor's award in a separate action under the Americans withDisabilities Act exempt from inclusion within the bankruptcy estate? No. Prior to her filing for bankruptcy relief under Chapter 7, thedebtor initiated proceedings in the U.S. District Court to recoverdamages ...
Commentary: What should a plan fiduciary do now?
Oct 08, 2008; ... Turbulent markets, a shaky financial industry and the creditcrisis all have investors worried about their portfolios. Hewitt Associates just released a study indicating higher thannormal transfer activity -- in fact, about three times the normalrate. Significant assets moved from ...
The Daily Record News Briefs: October 8, 2008
Oct 08, 2008 ... Legal services awards announced Three Monroe County legal services attorneys received Denison RayAwards from the New York State Bar Association's Department of ProBono Affairs. Jason D. Hoge, lead counsel of the Monroe County Legal AssistanceCenter Re-Entry Program and James ...
Judge challenges 'pro bono' at first Federalist Society event in Rochester
Oct 08, 2008; ... The Federalist Society is sprouting a branch in Rochester. The nonprofit organization of conservatives and libertarians hasmember groups in nearly 65 cities and every accredited law school,according to its Web site, but never had a presence locally -- untilthis year. Attorney ...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: October 8, 2008
Oct 08, 2008 ... U.S. Court of Appeals for the Second Circuit Sixth Amendment U.S. v. Vasquez 05-2856-cr Appealed from the Eastern District of New York Background: The defendant was convicted of conspiracy to commitassaults with a dangerous weapon in aid of racketeering ...
Appellate Division, 1st Department Case Summaries: October 8, 2008
Oct 08, 2008 ... Appellate Division, First Department Murder Causation People v. Webb 07199 Appealed from Supreme Court, New York County Background: The defendant appeals from a conviction for seconddegree murder and robbery. The main issue raised by the ...
Case Digests
Oct 09, 2008 ... U.S. Court of Appeals for the Second Circuit Intramilitary Immunity Dibble v. Fenimore 06-3307-cv Appealed from the Northern District of New York Background: The secretary of the U.S. Air Force is a defendant inan action and appel from a ...
Commentary: GRAWA salutes the Rochester Black Bar Association
Oct 09, 2008; ... The Rochester Black Bar Association held its Sixth Annual Awardsand Scholarship Dinner Oct. 3 at the Rochester Riverside ConventionCenter. The evening's theme was "Project Education -- E[sup 3]: Enrichingand Empowering Our Community through Exposure." The RBBA, arealawyers and ...
Commentary: Responding to a generation at risk: Attorneys doing pro bono work
Oct 09, 2008; ... A 4-year-old boy is beaten for wetting his bed. An 8-year-old girl suffers when skin grows over sutures that hermother didn't bother to have removed. Many of us read such horror stories, feel bad for a moment andmove on with our everyday lives. We have things to do, places to ...
Commentary: The future of the Supreme Court
Oct 09, 2008; ... Coverage of the upcoming presidential election dominates our newsoutlets, yet we have heard relatively little about the U.S. SupremeCourt as it begins a new term. Five sitting justices are older than 70; the oldest is JusticeJohn Paul Stevens, who turned 88 this year. The next ...
The Daily Record News Briefs: October 9, 2008
Oct 09, 2008; ... GRAR endorses candidates The Greater Rochester Association of Realtors this week issuedits recommendations for Election Day. Its Issues Mobilization Fund -- Greater Rochester, a politicalaction committee, made the endorsements after interviewingcandidates. The PAC's primary ...
Reverse mortgage limit raised
Oct 09, 2008; ... A change in how reverse mortgages are handled could help morehomeowners having trouble paying their bills. The Department of Housing and Urban Development approved a singlenational loan limit of $417,000 for federally insured Home EquityConversion Mortgages (HECM) last week ....
Appellate Division, 4th Department: Sublease should address compliance concerns
Oct 09, 2008; ... A commercial sublease with a right of first refusal for adjacentspace does not necessarily provide that the adjacent space will becode compliant, according to a recent decision by the AppellateDivision, Fourth Department. Parties concerned about such issues should address them in ...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: October 9, 2008
Oct 09, 2008; ... U.S. Court of Appeals for the Second Circuit Intramilitary Immunity Dibble v. Fenimore 06-3307-cv Appealed from the Northern District of New York Background: The secretary of the U.S. Air Force is a defendant inan action and appel from a grant of ...
U.S. District Court, Western District of New York Case Summaries: October 9, 2008
Oct 09, 2008; ... U.S. District Court, Western District of New YorkRetaliation Public Benefits Hilfiger v. Alger 05-CV-6040 Judge Larimer Background: In a lawsuit against Steuben County Executive MarkAlger and other county defendants, the denial of child care ...
Appellate Division, 4th Department Case Summaries: October 9, 2008
Oct 09, 2008; ... Appellate Division, Fourth Department Administrative Determinations Permits In the Matter of 8-Ball Laundry Lounge Inc. v. Tobe 1026 Article 78; Supreme Court, Erie County Background: Richard M. Tobe, the commissioner of Buffalo'sDepartment of ...
Bankruptcy filings rising, Rochester area 'fortunate'
Oct 10, 2008; ... Belts and wallets will be worn tighter this winter, as the sayinggoes. People will be cooking more at home, and eating out less;spending more on gas and less on luxuries. "Driving a Tahoe and going out to eat seven days a week -- thosedays are over," said Judge John C. Ninfo ...
The Daily Record News Briefs: October 10, 2008
Oct 10, 2008; ... NYSBA panel on climate change formed The New York State Bar Association this week announced thecreation of a Task Force on Global Warming to address the impact ofclimate change on our natural environment and ecosystems. President Bernice K. Leber created the task force to ...
Commentary: The rules for private foundation dissolution
Oct 10, 2008; ... Many people who set up private foundations hope they willcontinue for generations. Yet a variety of factors conspire against that, ranging from thedeath of the original founder to a desire for greater privacy incharitable affairs. A popular solution is to dissolve the ...
Case Digests
Oct 10, 2008 ... U.S. Court of Appeals for the Second Circuit Criminal Restitution U.S. v. Ojeikere 07-1970-cr Appealed from the Southern District of New York Background: The defendant was convicted of wire fraud. Thecharges stemmed from his role in an advance ...