Daily Record (Rochester, NY) back issues from July 2009:
Commentary: Asset class diversification and suitability
Jul 01, 2009; ... When you mention diversification, people normally imagine abasket of many different individual stocks in order to gainprotection from any one of them destroying the value of theirportfolio. Diversification also is extremely important in terms of sectorsand asset classes ....
Case Digests
Jul 01, 2009 ... U.S. Court of Appeals for the Second Circuit Constructive Eviction Reliastar Life Insurance Co. of New York v. Home Depot USA Inc. 06-3112-cr Appealed from the Eastern District of New York Background: Home Depot appeals from a ...
Commentary: Every attorney's career should be simple
Jul 01, 2009; ... I am often asked, "What goal do you have when you are writingyour 'In The Beginning' column?" The answer is simple and never changes: Share a small bit ofknowledge that I have gained in my six years of practice. At the endof each column I am hopeful that the message will help ...
The Daily Record News Briefs: July 1, 2009
Jul 01, 2009 ... Empire Zone deadline passes Dozens of area businesses are waiting in limbo to see whetherthey will lose their Empire Zone certification under program changesmade in the fiscal 2009-2010 state budget, or if they will receive areprieve through proposed legislation introduced in both ...
Northeast Rochester gets greener
Jul 01, 2009; ... The City of Rochester has a little more nature, thanks to therecent collaboration between city officials and some dedicatedvolunteers. Working with the city, Ibero-American Action League, and Group14621, the Genesee Land Trust developed an abandoned parking lotinto a pocket park ...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: July 1, 2009
Jul 01, 2009 ... U.S. Court of Appeals for the 2nd Circuit Constructive Eviction Reliastar Life Insurance Co. of New York v. Home Depot USA Inc. 06-3112-cr Appealed from the Eastern District of New York Background: Home Depot appeals from a judgment in favor ...
New York State Court of Appeals Case Summaries: July 1, 2009
Jul 01, 2009 ... New York State Court of Appeals Constitutional Powers Matter of New York Charter Schools Association Inc. v. DiNapoli No. 108 Appealed from the Appellate Division Background: The court is asked to determine whether theLegislature violated Article ...
Appellate Division, 3rd Department Case Summaries: July 1, 2009
Jul 01, 2009 ... Appellate Division, 3rd Department Contract Indefinite Terms Follender v. Prior 505654 Appealed from Supreme Court, Delaware County Background: The appeal is from an order that granted thedefendants' motion for summary judgment and dismissed the ...
New York State Chief Administrative Judge Ann Pfau issues new filing guidelines
Jul 02, 2009; ... New court filing guidelines were issued Wednesday in response tocomplaints that documents were being filed improperly or not at allin several upstate counties, including Monroe. New York State Chief Administrative Judge Ann Pfau issued thememos to clarify court filing procedures in ...
The Daily Record News Briefs: July 2, 2009
Jul 02, 2009 ... Rochester man wins $1 million on instant ticket James Hannah, a resident of Rochester's Northeast, recently won$1 million on the New York Lottery's "Stinkin' Rich" instant game. Lottery officials said Hannah purchased the ticket June 13 atTops Markets on East Ridge Road. He ...
Case Digests
Jul 02, 2009 ... U.S. Court of Appeals for the Second Circuit Trademark Infringement Zino Davidoff SA v. CVS Corp. 07-2872-cv Appealed from the Southern District of New York Background: Plaintiff Davidoff has been a well-regarded brand forhigh-end luxury ...
Commentary: Radical activism from the far left, or not?
Jul 02, 2009; ... When the U.S. Senate Judiciary Committee convenes July 13 toconsider the nomination of Second Circuit Court Judge, SoniaSotomayor to the U.S. Supreme Court bench, it is inevitable she willbe questioned regarding her decision in Ricci v. DeStafano, 264 F2d106 (Second Cir. 2008) ....
U.S. Court of Appeals for the 2nd Circuit Case Summaries: July 2, 2009
Jul 02, 2009 ... U.S. Court of Appeals for the 2nd Circuit Trademark Infringement Zino Davidoff SA v. CVS Corp. 07-2872-cv Appealed from the Southern District of New York Background: Plaintiff Davidoff has been a well-regarded brand forhigh-end luxury goods for personal ...
U.S. District Court, Northern District of New York Case Summaries: July 2, 2009
Jul 02, 2009 ... U.S. District Court, Northern District of New York Social Security Stephens v. Astrue 08-CV-400 Judge Lowe Background: The plaintiff seeks review of the denial of herclaims for disability and SSI benefits, and argues the ALJimproperly imposed her ...
New York State Court of Appeals Case Summaries: July 2, 2009
Jul 02, 2009 ... New York State Court of Appeals Inventory Searches People v. Gomez No. 119 Appealed from the Appellate Division Background: The issue before the court is a prosecutor's initialburden of establishing a valid inventory search. The defendant wasstopped for ...
U.S. District Court, Western District of New York Case Summaries: July 3, 2009
Jul 03, 2009 ... Municipal Liability Police Conduct -- Custom and Policy Perkins v. City of Rochester 06-CV-6585 Judge Larimer Background: The plaintiff, the guardian and parent of LashedicaMason, brings action against the City of Rochester. The plaintiffalleges ...
Decision of Interest: Double jeopardy
Jul 03, 2009 ... Monroe County Court Double Jeopardy Contempt Finding -- Similar Issues People v. Sudore 0934-2008 Judge Alex Renzi Issue: Does a previous finding of contempt on similar issues tothose implicated by later criminal charges foreclose the ...
Commentary: Proposed guidance on FIN 48
Jul 03, 2009; ... On May 18, the Financial Accounting Standards Board issued aproposed FASB Staff Position, FSP FIN 48-d, "Application Guidancefor Pass-through Entities and Tax-Exempt Not-for-Profit Entities andDisclosure Modifications for Nonpublic Entities." The proposal seeks to clarify, as an ...
The Daily Record News Briefs: July 3, 2009
Jul 03, 2009 ... Fifth 'Project Step-Up' kicks off A ceremony kicking off the fifth year of Project Step-Up, aprogram aimed at providing alternatives for at-risk youth, was heldThursday afternoon at the Boys and Girls Club of Rochester. Project Step-Up, a joint program with the Monroe County ...
Minority dealerships, including one in New York, challenging Chrysler
Jul 03, 2009; ... A local car dealer's federal lawsuit against Chrysler remainsstayed by the automaker's bankruptcy and resolution of his million-dollar case could be several years away. In the lawsuit filed late last year, Webster Chrysler Jeep Inc.and its owner, Randy Henderson, accused Chrysler ...
New designs unleashed at 2009 annual Homearama event in Victor
Jul 03, 2009; ... The 2009 annual Homearama event will take place in the SomersetHills community in Victor July 11 through 26. The Rochester Home Builders Association is co-sponsoring theevent with Genesee Regional Bank. All Homearama homes feature local suppliers, showrooms andinterior ...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: July 6, 2009
Jul 06, 2009 ... Antitrust Lafaro v. New York Cardiothoracic Group 08-4621-cv Appealed from the Southern District of New York Background: The appeal is from an order dismissing, based onstate action immunity, an antitrust suit brought by cardiothoracicsurgeons with ...
Commentary: It's time to focus on the 401(k) plan
Jul 06, 2009; ... While business owners and managers are busy dealing with theimpact of the financial crisis on their company bottom line, oftenit is easy to forget about the 401(k) and the impact the crisis hashad on many employees' personal bottom lines. There are a few areas to examine in your ...
Commentary: A supremely surprising case from the start
Jul 06, 2009; ... If you ask the average citizen whether a junior high schoolstudent should be subjected to a strip search by schooladministrators based on the suspicion that she possessed ibuprofen,I'm fairly confident the vast majority of people would reply with aresounding "No". It is, ...
The Daily Record News Briefs: July 6, 2009
Jul 06, 2009 ... Willard offers new program for parolees Willard Drug Treatment Campus in Seneca County is launching a newinitiative to help prepare parolees for community-based treatmentupon their release from prison, the New York State Department ofCorrectional Services announced last ...
Western District of New York assistant U.S. attorney helps Colombia find justice
Jul 06, 2009; ... Western District of New York Assistant U.S. Attorney Everardo"Andy" Rodriguez chose his words carefully when speaking recentlyabout his role in transforming that country's justice system. The country has progressed dramatically since left-wingguerrillas backed by feared drug lord ...
Appellate Division, 3rd Department Case Summaries: July 6, 2009
Jul 06, 2009 ... Prison Discipline Matter of Covington v. Smith 503601 Article 78 Proceeding; Supreme Court, Ulster County Background: The petitioner seeks a review of a determination ofthe respondent, who found the petitioner guilty of violating certainprison ...
New York's new rules of professional conduct highlight need for honesty, candor
Jul 07, 2009; ... In case it wasn't clear under the old rules, New York's new rulesof professional conduct highlight the need to be honest and candidto the court, a Rochester ethics expert said Monday. The new rule 22 NYCRR Rule 3.3 of Part 1200 of the Rules ofProfessional Conduct, (22 NYCRR Part ...
Appellate Division, 4th Department Case Summaries: July 7, 2009
Jul 07, 2009 ... Standard for Review Substantial Evidence Matter of Kinnie v. New York State Liquor Authority 769 Article 78 Proceeding; Supreme Court, Jefferson County Background: The action was brought to annul a determination ofthe respondent Authority, which found that ...
Daily Record News Briefs: July 7, 2009
Jul 07, 2009 ... Got MILC? U.S. Senator Kirsten Gillibrand, D-N.Y., introduced newlegislation to increase federal assistance to dairy farmers as theprice of milk continues to drop. New York is the nation's third largest dairy state, and dairyfarms generate more than half of the state's ...
Commentary: More customer-focused lending
Jul 07, 2009; ... I have been a community banker involved in various levels ofbranch management and marketing for the last 25 years. So, as you proceed to read this "Lessons in Lending" column, Ican safely say that you will get a much broader brush on the subjectthan from a traditional lender ....
U.S. Court of Appeals for the Second Circuit Case Summaries: July 7, 2009
Jul 07, 2009 ... Criminal Restitution U.S. v. Pearson 07-0142-cr Appealed from the Northern District of New York Background: The defendant appeals from a judgment convicting him,following his guilty plea to multiple counts of producing,transporting, receiving and possessing ...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: July 8, 2009
Jul 08, 2009 ... Maritime Law Property Damage Zerega Avenue Realty Corp. v. Hornbeck Offshore Transportation LLC 08-0639-cv Appealed from the Southern District of New York Background: The appeal concerns the proper application of thepresumption of fault, ...
Commentary: Is unemployment 9.5 percent, or 16.5?
Jul 08, 2009; ... Thursday, the U.S. Department of Labor's Bureau of LaborStatistics announced the unemployment rate for June rose from 9.4 to9.5 percent. The rate was 5.6 percent in June 2008. The BLS's employment report is issued early every month, andreceives wide coverage in the news media. The ...
The Daily Record News Briefs: July 8, 2009
Jul 08, 2009 ... COA examining leave to appeal in criminal cases New York State Chief Judge Jonathan Lipp-man appointed Court ofAppeals Associate Judge Robert S. Smith to address inquiries aboutthe processing and de-termination of applications for leave toappeal to the Court of Appeals in criminal ...
Appellate Division, 4th Department voluntary resignations and decisions in disciplinary matters
Jul 08, 2009 ... Matter of Edward M. Braiman, an attorney, resignor. -- Voluntaryresignation accepted and name removed from roll of attorneys.Present:?Hurlbutt, J.P., Smith, Centra, Peradotta and Gorski, J.J.Filed June 22. Matter of Kristina A. Graham, an attorney, resignor. -- ...
Harold A. Kurland outlines plans for the Monroe County Bar Association
Jul 08, 2009; ... When Ward Norris Heller & Reidy LLP attorney Harold A. Kurlandofficially became president of the Monroe County Bar Association onJuly 1, he pledged to continue advancing the priorities establishedby immediate past President T. Andrew Brown. Kurland, 57, has been a member of the ...
Suburban investment in Rochester: Clarion Fund enabling socially responsible investing
Jul 08, 2009; ... With the current state of the economy, some are finding it moredifficult to qualify for loans from financial institutions. Are there other options for individuals and companies that findthe doors to traditional loans closed? Jack Heister argued recently that there is hope for ...
Appellate Division, 4th Department Case Summaries: July 8, 2009
Jul 08, 2009 ... Restitution Hearing by Law Clerk People v. Williams KA 07-01088 Appealed from Genesee County Court Background: Convicted of burglary in the second degree, thedefendant contended that his restitution hearing was conducted bythe judge's law clerk and ...
U.S. District Court, Western District of New York Case Summaries: July 8, 2009
Jul 08, 2009 ... Job Discrimination Employment Status Aponte v. City of Buffalo Office of Telecommunications 08-CV-128 Judge Skretny Background: Plaintiff Ray Aponte alleges the City of BuffaloOffice of Telecommunications and the Wellness Institute of ...
Greater Rochester Association for Women Attorneys helping women, girls
Jul 09, 2009; ... GRAWA's annual Installation Dinner not only is an opportunity tosay farewell to our outgoing board of directors and welcome ourincoming board. The most touching and lovely part of the evening invariably comeswhen we recognize several deserving members and a communityorganization ...
Commentary: Local judicial evaluation process changing?
Jul 09, 2009; ... The U.S. Senate Judiciary Committee next week begins confirmationhearings on the nomination of Judge Sonia Sotomayor to the U.S.Supreme Court. The process provides a fascinating glimpse into the workings ofour constitutional system of government as it now operates forreview of ...
Circuit courts battling relevancy of National Labor Relations Board decisions
Jul 09, 2009; ... Hundreds of decisions issued by the National Labor RelationsBoard over the past 18 months were thrown into question by a federalD.C. Circuit ruling last month. The D.C. Circuit ruled that the board has no authority to renderdecisions or orders while only two of its five members are ...
Commentary: Attorney artists gearing up for VLSP's Art of Lawyering
Jul 09, 2009; ... Can you ever have too many friends? Volunteer Legal Services Project doesn't think so. That's why allmembers of the legal profession -- judges, attorneys, paralegals andlegal secretaries -- are invited to contribute their works of art tothe upcoming Art of Lawyering ...
The Daily Record News Briefs: July 9, 2009
Jul 09, 2009 ... Law firm mergers slow Seven new law firm combinations were announced in the UnitedStates in the second quarter of 2009, according to an announcementissued by the consulting firm Altman Weil Inc. It was the smallest number of deals reported in a quarter sinceAltman Weil began ...
Western District of New York assistant U.S. attorney dies
Jul 09, 2009; ... Christopher V. Taffe, an assistant U.S. attorney for the WesternDistrict of New York, died suddenly of a heart attack at his homelate Tuesday night. Taffe served the U.S Department of Justice government for 30years, beginning in a clerical position at the department'sheadquarters ...
Appellate Division, 4th Department: Voluntary resignations and decisions in disciplinary matters
Jul 09, 2009 ... Matter of Christopher Rodeman, an attorney, respondent. GrievanceCommittee of the Seventh Judicial District, petitioner. Order ofcensure entered. Per curiam opinion: The respondent was admitted to the practiceof law by the court on Feb. 18, 1998, and is employed as anassistant ...
Case Digests
Jul 10, 2009 ... U.S. Court of Appeals for the Second Circuit Immigration Removal Kulhawik v. Holder 08-4582-ag Appealed from the Board of Immigration Appeals Background: The U.S. Department of Homeland Security beganremoval proceedings against the ...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: July 10, 2009
Jul 10, 2009 ... Corporate Alter Ego Marine Attachment Transfield ER Cape Ltd. v. Industrial Carriers Inc. 09-1733-cv Appealed from the Southern District of New York Background: The plaintiff sought from the district court aprocess of maritime attachment and garnishment in ...
Commentary: FAS 141R-1 will impact mergers & acquisitions
Jul 10, 2009; ... Most businesses acquiring another entity or the assets of anotherentity must adhere to the provisions of FAS 141R, which beginning in2009 is effective for the treatment of the assets acquired andliabilities assumed. FAS 141R, Business Combinations, was issued by the FASB in ...
Monroe County Bar Association's diversity programs changing
Jul 10, 2009; ... The Monroe County Bar Association's summer Minority Clerkshipprogram contracted by almost 40 percent in 2009. The drop was attributed partly to the economy, but also to lawfirm initiatives to internalize diversity programs, organizers said. The MCBA's Minority Clerkship Program ...
The Daily Record News Briefs: July 10, 2009
Jul 10, 2009 ... County Dems: Help whistleblowers Citing the arrest of a supervisor in the Monroe County Departmentof Environmental Services and charges that contractors havedefrauded the county for four years, county Democrats this weekproposed a local law to strengthen whistleblower ...
U.S. District Court, Western District of New York Case Summaries: July 10, 2009
Jul 10, 2009 ... Sentencing U.S. v. Burton 08-CR-6054 Judge Larimer Background: The defendant was charged with knowingly andwillfully possessing with the intent to distribute, anddistributing, 100 or more kilograms of marijuana. He was sentencedto 18 months with three years of ...
Appellate Division, 3rd Department Case Summaries: July 10, 2009
Jul 10, 2009 ... Standing Use of Public Property Aiardo v. Town of East Greenbush 506122 Appealed from Supreme Court, Rensselaer County Background: The plaintiffs and defendant Stephanie Wacholder areneighbors who own real property across the street from one another.The ...
Appellate Division, 4th Department Case Summaries: July 10, 2009
Jul 10, 2009 ... Custody Suppression of Statement People v. Mejia KA 07-01558 Appealed from Erie County Court Background: The defendant was convicted after trial of severalfelonies, including first-degree murder. His suppression motionchallenged the taking his ...
U.S. District Court, Northern District of New York Case Summaries: July 10, 2009
Jul 10, 2009 ... Social Security Pardee v. Astrue 05-CV-1595 Judge Mordue Background: Plaintiff Brenda F. Pardee, who suffers from variousmedical ailments including migraine headaches and a conditionaffecting her right shoulder and neck, commenced the proceedingseeking ...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: July 13, 2009
Jul 13, 2009 ... ADA Harris v. Mills 07-2283-cv Appealed from the Southern District of New York Background: The district court granted the defendants'motion todismiss the plaintiff's pro se amended complaint. Plaintiff wasformerly licensed by the State of New York as a doctor ...
Commentary: Beware: Bounced checks are on the rise
Jul 13, 2009; ... Recently I met someone whose job is to collect on bad checks fora bank. If someone told you that at a party, you would probablythink "ho hum." I, on the other hand, was fascinated. I startedasking questions. It turns out that business is booming in this economy. There aremore ...
Commentary: Practicing law: There's an iPhone app for that
Jul 13, 2009; ... In June, the latest iPhone, the 3GS, was released. The newfeatures, including video capability, voice control, and increasedspeed make the iPhone all the more competitive with other smartphones. Third party applications have been available at Apple's App Storefor over a year now ....
Locals say state funding has yet to surface in Rochester
Jul 13, 2009; ... After having released a Statewide Affordable Housing Study inMay, the state Division of Housing and Community Renewal vowed totackle the problems, challenges and needs it uncovered. However,there seems to be a contradiction in upstate New York as to whetheror not that promise is being ...
Potential impact of U.S. Supreme Court's 'Forest Grove' ruling questioned by Rochester attorneys
Jul 13, 2009; ... A recent U.S. Supreme Court decision about the Individuals withDisabilities Education Act has some local attorneys scratching theirheads over why the nation's highest court accepted such an unusualcase. The 6-3 ruling authored by Justice John Paul Stevens states thatthe ...
The Daily Record News Briefs: July 13, 2009
Jul 13, 2009 ... County to participate in RCAMP The Rochester-Monroe County Youth Bureau is among the partnershipof agencies participating in the Rochester Community Asset MappingProject, Monroe County Executive Maggie Brooks announced Friday. RCAMP is an Internet-based application that ...
Appellate Division, 3rd Department Case Summaries: July 13, 2009
Jul 13, 2009 ... Plea Allocation Judicial Inquiry People v. Mead 101946 Appealed from County Court, Warren County Background: The appeal is from a judgment convicting thedefendant upon his plea of guilty of the crimes of robbery in thesecond degree and menacing in the ...
U.S. District Court, Western District of New York Case Summaries: July 13, 2009
Jul 13, 2009 ... Prisoner Civil Rights Coleman v. Beale 07-CV-6219 Judge Larimer Background: Plaintiff, an inmate in the custody of the New YorkState Department of Correctional Services, asserts claims thatinclude rights asserted under the First and 14th Amendments to ...
Western New Yorkers On the Move: July 14, 2009
Jul 14, 2009; ... The law firm of Harris Beach PLLC announced that Christopher A.Andreucci joined the firm as senior counsel in the Public Financeand Economic Development Practice Group. He is involved with tax-exempt bond financings, and has drafted primary financing documents,resolutions, closing ...