Daily Record (Rochester, NY) back issues from January 2009:
Commentary: Accounting for holiday gift cards
Jan 02, 2009; ... By now, the holiday presents probably have been opened. If you were one of the lucky recipients of a gift card, however,the shopping season continues. In recent years, gift cards havegrown rapidly in popularity, although their popularity did wane abit this year. Consumers ...
Commentary: Justice for all, including gays and lesbians
Jan 02, 2009; ... Courts today rightly strive to welcome and accommodate all whohave reason to be there. The history of our justice system, like that of our country, hasnot always been a proud one. Reformers had to overcome sometimesfierce resistance and unyielding roadblocks to achieve ...
Rochester pins hopes on Obama plan
Jan 02, 2009; ... The City of Rochester has a $51 million plan to pump money intothe local economy and put as many as 2,000 people to work. Officials will learn later this month how much of it will happen,if at all. The wish list of projects -- ranging from road improvements toupgrades at ...
New York's nonprofits losing funds to fundraising
Jan 02, 2009; ... In an economic season when every penny counts, charitable groupshave a big incentive to make sure they receive the maximum returnsfor their fundraising efforts. Earlier this week, the New York attorney general reported thatfor-profit telemarketers kept a large percentage -- often ...
The Daily Record News Briefs: January 2, 2009
Jan 02, 2009 ... Kodak acquires NuPro products Eastman Kodak Co. officials this week announced the acquisitionof certain products from NuPro Technologies Inc., a move they saidwill help to sustain the company's position as a leader inpackaging. North Carolina-based NuPro specializes in ...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: January 2, 2009
Jan 02, 2009 ... Standing The Coalition of Watershed Towns v. EPA 07-2449-ag Petition for Review; Environmental Protection Agency Background: The petitioners, a confederation of towns in theCatskill and Delaware watershed region of New York, seek review oftwo actions by the U.S ....
U.S. District Court, Western District of New York Case Summaries: January 2, 2009
Jan 02, 2009 ... Prisoner Civil Rights Goolsby v. City of Elmira 07-CV-631 Judge Arcara Background: The plaintiff, an inmate at the Collins CorrectionalFacility, named the City of Elmira and the Elmira Police Departmentas defendants in his complaint alleging his rights were ...
U.S. District Court, Northern District of New York Case Summaries: January 2, 2009
Jan 02, 2009 ... Venue Illinois National Insurance Co. v. Banc One Acceptance Corp. 05-CV-1260 Judge Mordue Background: Plaintiff Illinois National Insurance Co. commencedan action seeking judgment pursuant to 28 U.S.C. [section]2201declaring that, under the terms of the ...
U.S. Court of Appeals, 2nd Circuit Case Summaries: January 5, 2009
Jan 05, 2009 ... Witness Credibility U.S. v. Spinelli 99-1344-cr Appealed from the Eastern District of New York Background: In a case involving organized crime, the appeal isfrom defendant Spinelli's conviction following a jury trial in thedistrict court for conspiracy to commit ...
Commentary: Right of client to obtain file from attorney
Jan 05, 2009; ... What is the extent of an attorney's obligation to turn over afile to a former client, or to another attorney hired by the client? What is the obligation when fees are still owed? With an open file; or a closed file? Malpractice and disciplinary issues may be involved ....
Commentary: 403(b) relief, reward and repetition in '09
Jan 05, 2009; ... Employers that sponsor a 403(b) retirement plan for employeeswere to have adopted, per Internal Revenue Service regulations, awritten plan effective Jan. 1. Relief was provided on Dec. 11, 2008 when the IRS released Notice2009-3. Plan sponsors who took no action to comply with the ...
Commentary: Surviving and thriving in the midst of a recession
Jan 05, 2009; ... I've said it before and I'll say it again: The times they are a-changin' and lawyers aren't immune from the global economicrestructuring now underway. Average citizens are worried about losing their jobs, keepingtheir businesses above water and making mortgage and car ...
The Daily Record News Briefs: January 5, 2009
Jan 05, 2009 ... Outlook dim for shopping centers A national real estate research firm predicts the fourth-quartermall vacancy rate could be as much as 7 percent. Victor Calanog, director of research for Reis Inc., has saidthat's the highest rate since he began tracking the data almost ...
Personal injury action reinstated by Appellate Division, Fourth Department
Jan 05, 2009; ... A Monroe County judge's order setting aside the verdict in apersonal injury action was narrowly affirmed by the appellatedivision last week. The decision gives plaintiff Nathaniel Martinez another chance toconvince a jury that the driver who hit him is liable for ...
Neighborhood Focus: North Winton Village
Jan 05, 2009; ... When people new to the North Winton Village neighborhood askKevin Cole where he lives, they're told they'll find out, comeNovember. For the last 12 years, Cole, who lives on the corner of AtlanticAvenue and Amsterdam Road, has strung 100,000 lights, animateddisplays and holiday ...
Appellate Division, 4th Department Case Summaries: January 5, 2009
Jan 05, 2009 ... Judicial Advocacy Matter of Thomas B. 1529 Appealed from Family Court, Wayne County Background: In a proceeding under Family Court Act article 3, theappellant was placed in the custody of the commissioner of SocialServices of Wayne County. The appellant was on ...
Appellate Division, 3rd Department Case Summaries: January 5, 2009
Jan 05, 2009 ... Emergency Worker Negligence Ayers v. O'Brien 504961 Appealed from Supreme Court, Broome County Background: The plaintiff is a Broome County Deputy Sheriff.While attempting a U-turn to make a traffic stop, he struck thedefendants' vehicle due to his own ...
U.S. District Court, Northern District of New York Case Summaries: January 5, 2009
Jan 05, 2009 ... Job Discrimination Brown v. City of Syracuse 01-CV-1523 Judge Scullin Background: The plaintiff, a former Syracuse Police Departmentofficer, was suspended without pay on July 5, 2000, following entryof a guilty plea to one count of Endangering the Welfare of a ...
Rochester homeowners refinancing, taking advantage of lower rates
Jan 06, 2009; ... With mortgage rates dipping below 6 percent, now may be a goodtime for homeowners to refinance their mortgages, experts say. Over the past year, rates have come down a full percentage pointto the low-5 percent/high-4 percent range, according to localfinancers. Both ...
Be wary of 'debt settlement programs'
Jan 06, 2009; ... Mary Boykin, a 53-year-old certified nursing assistant, was notbehind on her credit card payments -- but she wasn't paying themdown, either. By the summer of 2005, she was juggling monthly payments on sixcards and owed almost $20,000. When American Debt Arbitration and ...
The Daily Record News Briefs: January 6, 2009
Jan 06, 2009 ... Perinton accepting town clerk applications Perinton Town Clerk Susan G. Roberts retired effective Dec. 31,2008. Deputy Town Clerk Carol Johnston will serve as interim townclerk until the Town Board appoints one. Roberts had served as town clerk since 1997 and previously ...
Director of Juvenile Justice Division at the Legal Aid Society dies
Jan 06, 2009; ... Edward "Ed" J. Orlando, director of the Juvenile Justice Divisionat the Legal Aid Society, died at his home in Irondequoit on Dec.20, 2008 at the age of 60. He is survived by his best friend, loving wife and travelcompanion of 26 years, Antionia; three children, Mark, Justin ...
Appellate Division, 4th Department Case Summaries: January 6, 2009
Jan 06, 2009 ... Neglect Matter of Lavountae A. 1282 Appealed from Family Court, Monroe County Background: The appellant mother appeals from an order thatadjudged that she neglected her children, placing them in the careand custody of the petitioner, Monroe County. The ...
Appellate Division, 3rd Department Case Summaries: January 6, 2009
Jan 06, 2009 ... Privity of Contract Walker v. Chiauzzi 505231 Appealed from Supreme Court, Schoharie County Background: The appeal is from the supreme court's order grantingthe defendant's motion for summary judgment dismissing the amendedcomplaint against him. A land dispute ...
Commentary: There may be benefits to a warmer planet
Jan 06, 2009; ... Those who are familiar with my columns are well aware that I am askeptic of the theory of manmade global warming. The reasons for my skepticism are many. To begin with, the Earthstopped its miniscule warming in 1998 and has been cooling for atleast five years, that in the midst of ...
U.S. Attorney Flynn stepping down
Jan 07, 2009; ... U.S. Attorney Terrance Flynn announced Tuesday that he will leaveoffice at the end of next week to make room for an as yet unnamedsuccessor to be appointed by President-elect Barack Obama. "I have great respect for President Obama," Flynn told reportersassembled in a Rochester ...
Home buyer credit available
Jan 07, 2009; ... Homeowners who made their first home purchase may be eligible fora new federal tax credit. Part of the Housing and Economic Recovery Act passed in July, thecredit could be worth up to $7,500 and can be taken in a singleyear. The credit must be paid back, however, over 15 ...
Commentary: How did Bush's DOJ spell relief? N.S.L
Jan 07, 2009; ... One of President George W. Bush's legacies will be spelled "NSL,"as in national security letter. Bush did not dream up NSLs. Congress enacted the legislationcreating NSLs in 1986. What the president oversaw was an explosionin their use -- nearly 200,000 from 2003 to 2006 ....
Commentary: Pythia may have given clearer answers
Jan 07, 2009; ... The desire to know the future -- and to benefit from it -- hasbeen a compelling force in humans for thousands of years. In ancient times, those who were thought to have the gift ofprophesy typically were held in high esteem. In the days of the ancient Greeks, the Oracle at ...
U.S. Court of Appeals 2nd Circuit Case Summaries: January 7, 2009
Jan 07, 2009 ... Relevance U.S. v. Kelley 06-5536-cr Appealed from the Southern District of New York Background: Defendant Kelley appeals from a district courtjudgment of conviction on four counts of securities fraud and threecounts of wire fraud. He operated Acorn Research & ...
Appellate Division, 3rd Department Case Summaries: January 7, 2009
Jan 07, 2009 ... Workers' compensation Matter of Bonner v. Brownell Steel Inc. 503245 Appealed from the Workers' Compensation Board Background: The appeal is from a decision of the board that heldthe claimant did not sustain a further causally related disability.The claimant ...
Appellate Division, 4th Department Case Summaries: January 7, 2009
Jan 07, 2009 ... Trespass Benderson v. Ulrich/ 34 Chesnut St. LLC 1444 Appealed from Supreme Court, Niagara County Background: Plaintiff trustees entered into an agreement to sellproperty owned by the trust to Ulrich/34 Chestnut St. LLC. Pursuantto the agreement, the ...
U.S. District Court, Western District of New York Case Summaries: January 7, 2009
Jan 07, 2009 ... Social Security Carter v. Commissioner of Social Security 07-CV-219 Judge Arcara Background: The plaintiff filed an application for disability andSSI benefits and it was denied; the plaintiff seeks judicial reviewof the denial. She asserts she became disabled on ...
Rochester attorney Dana Campbell specializes in prosecuting animal cruelty cases
Jan 08, 2009; ... Attorney Dana Campbell prepared for one of the biggest cases ofher legal career by pulling on a pair of rubber boots and somethrift store clothing that she could throw when she finallyfinished. As a senior attorney for the Animal Legal Defense Fund (ALDF),Campbell is one of only ...
New York federal Judge John T. Elfvin dies at 91
Jan 08, 2009; ... Federal Judge John T. Elfvin, a retired judge with a long andsometimes controversial career on the bench, died Tuesday afternoonin Lancaster after an illness. He was 91. Elfvin, appointed by President Gerald Ford, served for nearly 33years as a judge in the Western District of New ...
The Daily Record News Briefs: January 8, 2009
Jan 08, 2009 ... Brockport's BodyWise recognized The State University of New York recently recognized theBrockport college with its Outstanding Student Affairs Program Awardfor the school's student health initiative, BodyWise. Karen Logsdon, assistant to the vice president of the Division ...
Commentary: Resolve greater involvement in 2009
Jan 08, 2009; ... The new year is here, and the topic of many conversations seemsto be resolutions. Now is the time when we look back over the past year and lookahead to what we want to do differently in the upcoming year -- loseweight, eat healthy, spend more time with our families ....
Commentary: GRAWA committed to diversity in our legal community
Jan 08, 2009; ... What does diversity mean to you? What does diversity mean in the Rochester legal community? Is Rochester doing enough to attract a diverse legal workforce? Those questions and more will be addressed during a paneldiscussion at from noon to 2 p.m. on Jan. 15 -- Dr ....
Commentary: Resolve to make a difference in the new year
Jan 08, 2009; ... Do you still need a New Year's resolution? Have you made one you've already broken? Here's a chance for a second bite of the apple: Resolve to helpat least one poor person with his or her civil legal needs in 2009. The Seventh Judicial District's Pro Bono Action Now ...
Court Digest
Jan 08, 2009 ... U.S. Court of Appeals for the Second Circuit Indispensable Party CP Solutions PTE Ltd. v. General Electric Co. 07-3444-cv Appealed from the District of Connecticut Background: The plaintiff appeals the dismissal of its complaintfor lack of ...
U.S. Court of Appeals for 2nd Circuit Case Summaries: January 8, 2009
Jan 08, 2009 ... U.S. Court of Appeals for the 2nd Circuit Indispensable Party CP Solutions PTE Ltd. v. General Electric Co. 07-3444-cv Appealed from the District of Connecticut Background: The plaintiff appeals the dismissal of its complaintfor lack of diversity ...
U.S. District Court, Western District of New York Case Summaries: January 8, 2009
Jan 08, 2009 ... U.S. District Court, Western District of New York Suppression U.S. v. Anderson 06-CR-6229 Judge Siragusa Background: In the prosecution of defendant Anderson forconspiracy to manufacture and possess narcotics, the defendant movedto suppress certain ...
Appellate Division, 4th Department Case Summaries: January 8, 2009
Jan 08, 2009 ... Appellate Division, 4th DepartmentLegal Malpractice Ginther v. Rosenhoch 1438 Appealed from Supreme Court, Erie County Background: In a legal malpractice action, the appeal is from anorder that granted the defendants' motion for summary judgment ....
U.S. Court of Appeals, 2nd Circuit Case Summaries: January 9, 2009
Jan 09, 2009 ... Sentencing Guidelines U.S. v. Lewis 08-1065-cr Appealed from the Northern District of New York Background: The defendant appeals from a denial of a motionseeking a reduced sentence following the amendment to the sentencingguidelines applicable to crack cocaine ...
Voluntary resignations and decisions in attorney discipline matters
Jan 09, 2009 ... Matter of John M. Bailey, an attorney, respondent. A certifiedcopy of a certificate of conviction having been filed showing thatBailey was convicted of felony driving while intoxicated, he isdisbarred and his name is stricken from the roll of attorneys.Present: Hurlbutt, J.P., Smith, ...
Commentary: Opportunity for greater use of net operating losses
Jan 09, 2009; ... The Internal Revenue Service recently issued a favorable notice -- Notice 2008-78: Capital contributions made within two years priorto an ownership change -- regarding the annual limitation on the useof net operating loss carryforwards after an ownership change. The IRS provides ...
The Daily Record News Briefs: January 9, 2009
Jan 09, 2009 ... North Winton couple recognized Rochester Mayor Robert J. Duffy will recognize city employeeDebbie Cole and her husband Kevin during an all-staff meeting atCity Hall this morning. The Coles have spread Christmas cheer in their North WintonVillage neighborhood for the past 15 ...
Rochester judge admonished
Jan 09, 2009; ... A Rochester City Court judge has been cited for improperlyseeking political support from an attorney in her courtroom. The state Commission on Judicial Conduct announced Thursday thatJudge Ellen Yacknin, a longtime member of the Rochester legalcommunity, should be admonished for ...
Rochester business forecast 2009: Challenges ahead
Jan 09, 2009; ... Local economic experts say the Rochester region's forecast for2009 won't change much from 2008. The area could see more job losses, less investments and astagnant economy, according to several of the experts. One key determining factor, they agreed, will be the statebudget's ...
Appellate Division, 4th Department Case Summaries: January 9, 2009
Jan 09, 2009 ... Contractor Liability Jackson v. Guardsmark Inc. 1417 Appealed from Supreme Court, Monroe County Background: The plaintiffs allegedly were injured as the resultof a chemical emission that occurred on the premises of theiremployer, Eastman Kodak Co. They commenced ...
U.S. District Court, Northern District of New York Case Summaries: January 9, 2009
Jan 09, 2009 ... Ineffective Assistance U.S. v. Pierce 05-CR-322 Judge Mordue Background: Defendant Pierce, also known as "Bird," "Styles" and"Streets," was charged with numerous racketeering charges related tonarcotics and murder. Before the court is the defendant's ...
U.S. District Court, Western District of New York Case Summaries: January 9, 2009
Jan 09, 2009 ... Social Security Green v. Astrue 07-CV-231 Judge Telesca Background: The plaintiff's application for disability or SSIbenefits was denied and an action was filed to obtain judicialreview of the denial. The parties have cross-moved for judgment onthe pleadings ....
Veterans project clashes with industrial zoning
Jan 09, 2009; ... Brian Read says Milwaukee should not let the Center for VeteransIssues build apartments on an industrial property neighboring hismanufacturing operation. Read, president of Southwind Marine LLC, said the industrialproperties the city has left should remain available ...
Case Digests
Jan 12, 2009 ... U.S. Court of Appeals for the Second Circuit Standing The Coalition of Watershed Towns v. EPA 07-2449-ag Petition for Review; Environmental Protection Agency Background: The petitioners, a confederation of towns in theCatskill and Delaware ...
Appellate Division, 3rd Department Case Summaries: January 12, 2009
Jan 12, 2009 ... Tax Matter of Emigrant Bancorp Inc. v. Commissioner of Taxation and Finance 503625 Article 78 proceeding; Tax Appeals Tribunal Background: A determination of respondent Tax Appeals Tribunal,which sustained a notice of deficiency against the ...
U.S. District Court, Western District of New York Case Summaries: January 12, 2009
Jan 12, 2009 ... Long Arm Jurisdiction Duke, Holzman, Photiadis & Gresens LLP v. Cosentino 08-CV-437 Judge Telesca Background: The defendant moved to dismiss the complaint on thegrounds that the court lacks personal jurisdiction and the complaintwas not properly served on him ....
U.S. Court of Appeals 2nd Circuit Case Summaries: January 12, 2009
Jan 12, 2009 ... Traffic Stop -- Passengers U.S. v. Stewart 07-3003-cr Appealed from the Southern District of New York Background: The prosecution appeals from an order granting thedefendant's motion to suppress evidence seized pursuant to a trafficstop. The ...
Commentary: Technology (already) invades the courtroom
Jan 12, 2009; ... Technological advancements are affecting courtrooms across thecountry, much to the consternation of many in the legal professionwho staunchly resist technological change. Two recent events -- a decision from Appellate Division, FirstDepartment and live reporting of a trial via ...
Private construction inches up
Jan 12, 2009 ... Private nonresidential construction spending increased just under1 percent in November 2008, according to a Jan. 5 report by the U.S.Census Bureau. Through 2008, spending increased 10.3 ...
Commentary: Bernard Madoff's scheme the biggest fraud ever?
Jan 12, 2009; ... Bernard Madoff was arrested last month, stunning news to most inthe financial community. Madoff was very respected in the securities industry, a formerchairman of NASDAQ and a well-known philanthropist. His fraud is being touted as the largest investor fraud evercommitted by ...
Forecast 2009: What's new for law firms?
Jan 12, 2009; ... It's all about the economy. Not even the changing federal administration will affect thelegal profession this year as much as the national economicdownturn, according to several top lawyers at some prominentRochester firms. "It's going to impact the substantive practice of ...
Rochester's Renaissance Square 'the only game in town'
Jan 12, 2009; ... Edward Wurtz has a strong interest in Downtown Rochester. His grandfather, a stone mason, helped to build the Times Squarebuilding. Wurtz, an attorney, worksdowntown at the law firm of Gallo& Iacovangelo LLP. But he's cognizant of the center city's needs and ...
U.S. Court of Appeals, 2nd Circuit Case Summaries: January 13, 2009
Jan 13, 2009 ... 'Batson' Challenge U.S. v. White 07-1180-cr Appealed from the Western District of New York Background: The defendant appeals from an order of the districtcourt that sentenced him to 84 months' imprisonment, after a jurytrial, for being a felon in possession of a ...
Commentary: Reverse mortgage the new pension plan?
Jan 13, 2009; ... With the downturn in the financial markets, many seniors arerethinking their retirement plans. One method of securing cash that may be a wise decision is areverse mortgage, which has been around for more than 20 years buthas never been very well received as an estate planning ...
Commentary: What's the difference between sanction and cost?
Jan 13, 2009; ... For engaging in frivolous conduct, Part 130 of the Rules of Courtauthorizes two remedies: The court may grant an award of costs orimpose sanctions. What is the difference?Costs are paid to another party Costs, as set forth in 22 NYCRR [section]130-1.1(a), are "in ...