U.S. District Court, Western District of New York Case Summaries:

Daily Record (Rochester, NY), Aug 15, 2008

U.S. District Court, Western District of New York

'Habeas Corpus'

Time Limitations

Stauffer v. McGinnis

03-CV-6510

Judge Siragusa

Background: The petitioner filed a habeas petition challenging his 1996 conviction in Ontario County Court. The petitioner drove onto a lawn and passed out with a can of beer between his legs. He was convicted of aggravated unlicensed operation of a vehicle in the first degree and felony DWI. The petitioner had a lengthy DWI record and was sentenced, as a persistent felony offender, to 16 years to life. He contends he suffered inadequate legal representation.

Ruling: The court finds that since the petitioner's state Article 440 motion was final on March 5, 2002, more than a year before he filed his second 440 motion, his habeas corpus petition is time barred. The petition is dismissed.

John W. Stauffer, pro se, and R. Michael Tantillo, Ontario County District Attorney, for the respondent

Breach of Contract

Motion for Reconsideration

Crown Castle USA Inc. v. Fred A. Nudd Corp.

05-CV-6163

Judge Telesca

Background: The plaintiffs moved for reconsideration of an order granting, in part, the defendant's motion for summary judgment. Based on evidence revealed during discovery, Crown argues for reconsideration of the finding that Crown cannot invoke the doctrine of equitable estoppel to toll the statute of limitations, and that the fraud and misrepresentation claims should be dismissed as they relate to the 39 monopoles at issue in the litigation.

Ruling: Crown's motion is granted and the court's Jan. 16 order is modified. Summary judgment as it relates to the equitable estoppel, fraud and misrepresentation claims are denied since material issues of fact are in dispute. There are disputed questions of fact regarding, among other things, whether Nudd had superior knowledge concerning the alleged defective monopoles and whether Nudd misrepresented the condition of the monopoles to Crown when certain problems occurred with monopoles provided to other customers.

James V. Corbelli and Richard A. Palumbo for the plaintiff, and Amber E. Storr of Damon & Morey LLP for the defendant