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{ June/19/2013 }
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News & ArticlesJune/1/2013 Classified/Change of Scene/Bench and Bar in the News(From the June 2013 Newsletter) Attorney Wanted - Prisoners’ Legal Services (PLS) is seeking a highly qualified applicant for the position of Attorney with the Pro Bono Partnership Project. This position will report to the Pro Bono Coordinator and will be located in the Central Office (Albany, NY). Key responsibilities include case management, investigation, and referral; community outreach and education; assisting in the coordination of pro bono recognition efforts; expanding pro bono services; and maintaining the pro bono attorney referral panel. Applicants should possess experience in or a strong desire to work in the pro bono/public interest field; excellent organization skills; an ability to interact with a diverse population; and strong written and oral communication skills. Fluency in Spanish is desirable. Applicants must be admitted to practice in NYS or planning to take the 2013 summer bar. See www.plsny.org for more information. To apply, please send a cover letter, resume, writing sample and at least 3 references to pkane@plsny.org. Office Space - 61 Columbia Street, newly renovated building, incorporating historic elements and up to date technology, including elevator, zoned HVAC and computer/telephone wiring. Space is 1200 square feet and perfect space for 3 to 4 person office with associated secretarial space. Please call Patty at 449-5400. CHANGE OF SCENE Amanda K. Kuryluk has joined the firm of Maguire Cardona, P.C., 16 Sage Estates, Albany, NY 12204. Tel: 434-9807; Fax: 434-9826; Website: www.maguirecardona.com. Michael J. Tommaney relocated his practice to 421 New Karner Road, Suite 2, Albany, NY 12205. Tel: 608-6569; Fax¨689-6869; E-mail: mtommaneylaw@nycap.rr.com. Mr. Tommaney will focus his practice on estate planning and administration, real estate and general business and transactional matters. BENCH & BAR IN THE NEWS The Mills Law Firm, LLP is pleased to announce that Melissa M. Beojekian, Esq. joined the firm as an associate attorney. Ms. Beojekian is a native of Greene County. She graduated with a B.A. in Political Science from Russell Sage College and received her J.D. from Roger Williams University School of Law in Rhode Island in May of 2011. She is admitted to practice law in New York, Massachusetts and in the United States District Court for the Northern and Southern Districts of New York. Melissa is a member of the Saratoga County Bar Association, Capital District Trial Lawyers Association, New York State Bar Association and American Bar Association. Melissa will focus her practice on personal injury litigation, including cases involving school and municipal law, construction accidents, automobile accidents, medical malpractice and premises liability. Melissa may be contacted at (518) 373-9900 or at mbeojekian@millslawny.com The Times Union has recognized Carter Conboy as a “Top Workplace” in the Capital District for a second consecutive year. Carter Conboy, as well as other recipients of the award, was recognized at an Awards Presentation at The Desmond on April 18, 2013 and featured in a special editorial section of the newspaper on April 21, 2013. The Times Union and its Top Workplace project partner, Workplace Dynamics, invited 566 companies to participate and complete Top Workplace surveys. Nearly 8,000 surveys were completed by employees of those companies. Based on the survey results, the Top 5 large employers, Top 15 midsize employers, and Top 25 small employers were selected. Carter Conboy ranked 6 out of 25 small workplace recipients. On April 25, Hon. Peter G. Crummey, Colonie Town Justice, served as guest lecturer for Professor Vin Boneventre’s Criminal Procedure Law Class at Albany Law School. On April 26, Judge Crummey gave a Courtroom presentation to the Town of Colonie High School students during the Town’s Annual Students-in-Government Day program. On May 7, Judge Crummey was the guest speaker at the Rotterdam Elks Law Day luncheon for Mohanasen and Schalmont High School students. On May 16, Judge Crummey presided over a mock jury trial of People of the State of California v. Jesse Woodson at the Albany County Courthouse as part of the Shaker Junior High School Seventh Annual Law Day Program. Shaker Junior High Teacher Seth Harris, son of the late Judge Joseph Harris, coordinated the program which was also supported by County Court personnel. Also on May 16, Judge Crummey was presented with the Partners in Education Individual Award from the Capital District Council for the Social Studies at a dinner ceremony held at the NYS United Teachers Headquarters in Colonie, NY. The award is presented annually to a non-educator in the Capital District who has shared in the Council’s mission of education. Leonard J. (“L.J.”) D’Arrigo, a Partner with Whiteman Osterman & Hanna LLP, the Capital Region’s largest law firm, was honored with The Business Review’s 40 Under Forty Award at a reception at the Hilton Albany on May 9, 2013. Mr. D’Arrigo specializes in corporate and professional immigration involving employment-based immigrant and nonimmigrant petitions, labor certification, and family-based immigration. Mr. D’Arrigo assists a diverse group of U.S. and foreign employers, such as multi-national corporations, religious institutions, and universities to obtain temporary and permanent visas for skilled or professional foreign national employees. He has developed an expertise in assisting technology companies and research institutions in importing highly-skilled labor to fuel local growth in the technology and semiconductor industries. At the same time, Mr. D’Arrigo has developed an extensive agricultural practice, assisting farms and agricultural employers in navigating through the complex maze of government regulation. In addition to his business and legal contributions, Mr. D’Arrigo maintains a longstanding commitment to community and civic involvement. Mr. D’Arrigo is the Past President of the Board of Directors for Catholic Charities – Hispanic Outreach Services. He is also a member of the American Immigration Lawyers Association (AILA), the Capital Region Human Resources Association, New York Farm Bureau, Greater Capital Region Association of Realtors, Commercial and Industrial Real Estate Brokers, Inc. and is a New York State Licensed Real Estate Broker. Associate Judge Victoria Graffeo of the Court of Appeals was recently honored in Manhattan with the 48th annual Charles A. Rapallo Award. Judge Rapallo was the first Italian-American elected to the Court of Appeals — he was one of the first seven judges to serve on the court after the Constitutional Conventions of 1867 and 1868. Judge Rapallo served from July 4, 1870 until his death on Dec. 28, 1887. Judge Graffeo, who grew up in Guilderland, in 2000 became the first Italian-American woman to serve on the state's highest court. The award, given by the Columbian Lawyers Association of the Appellate Division's First Department, an Italian-American legal organization, puts Judge Graffeo in distinguished company. Previous award winners include former New York City Mayor Rudolph Giuliani, former Gov. Mario M. Cuomo and U.S. Supreme Court Justices Samuel Alito and Antonin Scalia. Former Chief Judge Judith Kaye presented the award to Graffeo in a ceremony in the Waldorf-Astoria hotel. Hon. David R. Homer and James E. Hacker recently spoke at a Continuing Legal Education seminar entitled The Highs and Lows of Arbitration and Mediation. The April 23, 2013 seminar was sponsored by the Capital District Trial Lawyers Association. David R. Homer is a mediator and arbitrator with Capital District ADR, LLC and is Of Counsel to Carter Conboy. He served for seventeen years as a United States Magistrate Judge in the Northern District of New York in Albany until 2012. In that position, he resolved over 1,000 cases in a variety of practice areas through mediation and arbitration, earning a reputation as a fair, impartial, and hard-working neutral. These cases have included class actions involving claims of anti-trust violations, employment discrimination, and civil rights violations; contract disputes, securities fraud claims, construction disputes; motor vehicle accidents, medical malpractice claims, and other tort actions; property disputes, environmental claims, tax matters, labor disputes, and others. Hinckley Allen continues the expansion of the firm’s Northeast presence, expanding its corporate, construction and real estate capabilities at its newest location in New York City. The addition of the office continues to build upon the firm’s successful corporate, construction and real estate practice the firm has established in the Northeast. Hinckley Allen provides a full range of legal services and pragmatic business advice to clients throughout the Northeast. With offices in Albany, Boston, Concord, Hartford , New York and Providence, the team of lawyers provide legal counsel and in-depth industry knowledge in practice areas such as corporate, construction, litigation, real estate, and trust and estates law. ACBA member Panagiota K. Hyde, attorney with Carter Conboy in Albany, NY, has been appointed by the Justices of the Appellate Division of the Supreme Court, in and for the Third Judicial District of the State of New York as a member of the Committee on Character and Fitness for a term of five years. New York’s Appellate Division is responsible for evaluating the character and fitness of persons seeking admission to the Bar. This duty is discharged by the Court’s Committee on Character and Fitness. Ms. Hyde is an associate attorney with the firm. She practices in the area of civil litigation defense, particularly professional liability, health care law and litigation, and insurance law. Towne, Ryan & Partners, P.C. is proud to announce firm principal Elena DeFio Kean has been appointed to two committees for the State of New York Supreme Court, Appellate Division Third Department. Ms. Kean was appointed by Justice Karen Peters to the Committee on Character and Fitness for the Third Judicial District, which interviews candidates prior to their admission to the New York State Bar. Ms. Kean was also appointed to a three-year term for the Advisory Committee for the Civil Appeals Settlement Program. The Civil Appeals Settlement Program looks to identify cases that can be settled rather than entering into litigation. Ms. Kean focuses her practice on labor and employment and municipal law matters. She provides extensive training across the state in preventing harassment in the workplace, conducting effective workplace investigations of discrimination and harassment complaints, preventing First Amendment retaliation claims, and other related employment issues. She also addresses and handles matters from First Amendment litigation, excessive force and wrongful arrest claims, FOIL issues and claims, training, Open Meetings Law issues, hiring committees, PILOT plans, sexual harassment and employment issues, Reduction in Force claims and general representation of Villages, Towns, Cities and Counties throughout the State of New York. Edward D. Laird, Jr. recently moderated a panel for ALFA International, the Global Legal Network at its Transportation Practice Group Seminar Welcome to the Wild Wild West: The New Frontier in Transportation Law. The seminar was held May 8-10, 2013 in Tucson, Arizona. Mr. Laird’s panel Preventability Versus Non-Preventability Determinations: Resolving the Tension Between Safety and Legal, focused on a recurring issue in commercial motor vehicle liability cases – the rocky road between preventable and non-preventable determinations. The panel addressed accompanying driver discipline, defense analysis, and strategy considerations, as well as factors creating tension between safety and claims/legal. The ALFA International panel consisted of seasoned litigators and experienced claims executives from across the United States who provided analysis and practical considerations to guide motor carriers from incident through trial. Edward D. Laird, Jr. is a senior director of the Carter Conboy law firm. Mr. Laird has an active trial practice in the New York and Federal courts with over 50 jury trials on behalf of defendants. He represents clients in matters relating to product liability, transportation, retail distribution, logistics, and professional malpractice. He is a graduate of Western New England University School of Law and has been recognized as a New York SuperLawyer®. Mr. Laird has been selected by his peers for inclusion in Best Lawyers® in AmericaJ in the fields of Commercial Litigation and Medical Malpractice Defense. He is a member of ALFA’s Transportation Practice Group Steering Committee and represents motor carriers in accident related matters throughout New York. Albany County court reporter David Mayo retired after 36 years. Mr. Mayo — who in addition to working some of the biggest cases in the capital city was elected in 2004 to the Albany County Legislature, in which he represents District 20 — will officially call it a career June 4. Mr. Mayo, of Latham, who has transcribed cases in the 3rd Judicial District since 1981, has taught court reporting courses, been a key member of the National Court Reporters Association and New York State Court Reporters Association and has chaired of the Speed Contest Committee of the statewide association. He has won at least three state speed championships in his profession. We wish David all the best! Jennifer L. McGrath, of Scotia, New York, joined the law firm of Napierski, VanDenburgh, Napierski & O'Connor, LLP as an associate attorney. She will concentrate her practice in the area of civil litigation. Jennifer earned her BA, Magna Cum Laude, from the University of Massachusetts at Amherst in 2005. She earned her J.D., from Albany Law School of Union University in 2011 and is admitted to practice law in New York State. Prior to joining the firm, Jennifer interned with the Honorable Lawrence E. Kahn in the United States District Court for the Northern District of New York and also interned with the League of Human Rights in the Czech Republic. Jennifer lives in Scotia, New York with her husband, Justin, and their dog Ezzy. On the 150th day of 2013, the Law Firm of McNamee, Lochner, Titus & Williams P.C. celebrated 150 years of continued legal service. Founded in 1863, McNamee, Lochner, Titus & Williams, P.C. is one of the Capital Region’s largest and most experienced law firms. Since its beginnings as Shepard & Stedman with offices in downtown Albany, the firm has been a stable and enduring legal presence in the shaping and growth of the Capital Region. Throughout its 150-year history, the firm has provided clients with practical, cost effective, advice and solutions to meet their evolving needs. Michael J. Murphy recently spoke at a continuing legal education seminar presented by ALFA International, the Global Legal Network. The seminar Ethics and Best Practices for Handling and Resolving Litigation was held February 7, 2013 in New York City. Mr. Murphy spoke on Key Factors to Determine Whether and When to File Substantive Motions. Michael J. Murphy is a partner at Albany’s Carter Conboy. Mr. Murphy is a trial attorney handling complex litigation with an emphasis on employment law. He maintains an active trial practice in state and federal courts as well as before the EEOC and the New York State Division for Human Rights. He is regularly retained by leaders in business, government and the professions to represent their interests in sensitive, high profile litigation and investigations. Mr. Murphy is a member of the Rules Committee for the United States District Court for the Northern District of New York. He has served as Chair of Merit Selection and Recertification Panels for United States Magistrate Judges. Mr. Murphy is currently Chair of ALFA International and Past President of the Northern District of New York Federal Court Bar Association. O’Connell and Aronowitz recently launched a new healthcare consulting service to assist clients in navigating the rapidly changing healthcare market. O’Connell and Aronowitz Healthcare Consulting Group will complement the firm’s wide array of legal services and offer financial, operational and planning services for healthcare service firms including hospitals, nursing homes, assisted living residences, home care, physician groups and other providers. Services will include consultation on: Managed Long Term Care Contract Negotiation, Responding to the Affordable Care Act, Medicare and Medicaid Reimbursement and Regulatory Compliance, Applications for New Services with Strategic Business Development, Consultation Services in Clinical Analysis and Census Development, Governance and Corporate Compliance and HIPAA Audits, Investigations and Training. On April 26, 2013, attorney James A. Resila was a featured speaker at the seminar Basics of Trial Practice – After the Verdict, sponsored by the New York State Bar Association in Albany. Mr. Resila spoke on the topic Challenging the Verdict of the Civil Jury. The program provided Continuing Legal Education (CLE) credits to attending attorneys. Mr. Resila is a partner and litigator with Carter Conboy, concentrating his practice in the defense of municipalities in federal civil rights cases, medical and dental malpractice defense, general negligence claims, defense of lending institutions in federal actions, and appellate law. Cheryl Sarjeant recently joined Cannon Heyman & Weiss, LLP, a boutique law firm specializing in affordable housing and community development, as an associate attorney. She concentrates her practice in affordable housing and community development law, involving public and private transactional finance, municipal finance, tax credit syndication and tax-exempt bond financing. Ms. Sarjeant previously worked at Nolan & Heller, LLP and Whiteman, Osterman & Hanna, LLP, practicing in the commercial real estate and land use practice groups. She graduated with a Bachelor of Arts degree from the State University of New York at Fredonia in 2001 and received her Juris Doctorate from Albany Law School in 2005. Ms. Sarjeant serves as a board member of the Hudson Valley Community College Foundation and as a member of the Albany-Colonie Regional Chamber of Commerce. Attorney Wanted: The Board of Managers of the 110 State Street Condominium is seeking the services of a law firm to address matters that come before the Board in its management and operation of the Condominium. The Board's expenditures for legal services have been approximately $4,000 a year. To be considered for this engagement, the firm must have 3 years experience in real estate or condominium law and 3 years experience in advising a condominium or commercial property manager. For further information regarding submission requirements contact Beth Bristol, Board Secretary at mbbristol@osc.state.ny.us. Proposals are due by June 5, 2013. Wanted – Solomon and Solomon, P.C. has an opening for a PT Litigation Attorney handling property damage and subrogation cases from discovery through trial. Candidate must be licensed in NY with at least 5 years of trial experience. This is a permanent position with flexible hours. Visit www.solomonpc.com to complete an application. Office Space - 61 Columbia Street, newly renovated building, incorporating historic elements and up to date technology, including elevator, zoned HVAC and computer/telephone wiring. Space is 1200 square feet and perfect space for 3 to 4 person office with associated secretarial space. Please call Patty at 449-5400. Office Building For Sale. Opportunity knocks! Often for the same rent you pay you can own. BENCH & BAR IN THE NEWS Seth J. Coffey of Slingerlands, New York joined the law firm of Maynard, O’Connor, Smith & Catalinotto as an associate attorney. He will concentrate his practice in the area of civil litigation. The firm, located at 6 Tower Place, Albany, New York, has additional offices in Saugerties and Johnstown. Seth graduated from Brandeis University in 2001 with a B.A. in History. After graduating from Albany Law School in 2006, Seth received his LL.M. degree in International Law from the University of Hull in England. He is admitted to practice in New York State. Prior to joining the firm, Seth worked as staff counsel for Allstate Insurance Company and Statewide Insurance Company, concentrating on the area of insurance defense law. Sarah I. Goldman, joined Donnellan & Knussman, PLLC in January, 2013. Attorney Goldman is a graduate of Albany Law School, class of 2008. She was admitted to practice in both the New York and U.S. District Court Northern District of New York bars in 2009. Attorney Goldman has appeared in local and state courts. She has handled family and matrimonial matters, personal injury matters, civil litigation matters, as well as criminal cases. Attorney Goldman has also engaged in appellate work and has successfully argued before the New York State Court of Appeals. Attorney Goldman is a member of the Saratoga County Bar Association, New York State Bar Association and the Order of Barristers. She is also involved in Leadership Saratoga, class of 2013. She coached the 2010 Shenendehowa High School Mock Trial Team (County Champions) and also volunteers at the Saratoga County Animal Shelter Annex. Attorney Goldman’s undergraduate degree is in Journalism from Lehigh University. She grew up in Middletown, New York and currently resides in Saratoga Springs, New York. Attorney Goldman will practice matrimonial law, family law, criminal and personal injury. Former New York State Supreme Court Justice Bernard J. Malone, Jr. has joined the Capital Region’s largest law firm, Whiteman Osterman & Hanna LLP, as Senior Counsel. Justice Malone served as a trial judge on the New York State Supreme Court in Albany for seven years, was a gubernatorial appointee to the Appellate Division in Manhattan for three years and then the Appellate Division in Albany for four years. He will practice in the areas of corporate compliance, arbitration and mediation. Prior to being elected a judge, he was an Assistant United States Attorney in Albany and Syracuse for fifteen years, where, according to one of his numerous federal, state and local commendations, he handled and tried “the most complex and high profile cases.” Previously, he was an assistant District Attorney in Albany. Justice Malone is a 1972 graduate of the Albany Law School where he was an assistant librarian and a member of the rugby team. He is also a graduate of Niagara University, class of 1965. He was on active duty in the U.S. Army from 1965-69, was a distinguished graduate of the Infantry Officer Candidate School and was awarded the Bronze Star and Army Commendation Medal for his service in Vietnam. Justice Malone serves as a senior trustee at the Albany Law School and was president of its National Alumni Association. He is the co-chairperson with former New York State Court of Appeals Chief Judge Judith S. Kaye of the New York State Bar Association’s Special Committee on Youth Courts and is a founding member of the Federal/New York State Judicial Advisory Council. Justice Malone has six children, five grandchildren and lives with his wife Paula in Delmar, New York. On May 9, Justice Malone’s portrait will be unveiled and hung in the gallery of former New York State Supreme Court Justices in the historic Albany County Courthouse. McNamee, Lochner, Titus & Williams P.C. attorney Scott C. Paton has been appointed to serve on the Advisory Committee for the Civil Appeals Settlement Program (CASP) of the State of New York Supreme Court Appellate Division, Third Department. The three year appointment runs through December 31, 2015. Environmental Attorney John Privitera provided pro-bono counsel for the St. Regis Mohawk Tribe in the recently announced $20.3 Million settlements for natural resource damage in the St. Lawrence River Area. The case took over 20 years to develop, involved multiple federal and state agencies, and for which John created the theory of cultural restoration that was the basis for a significant portion of the settlement. This theory is landmark in defining economic value for cultural loss due to injuries to natural resources. Almost four years after an elderly Rensselaer County man died, his wish to bring joy to children with life-threatening medical conditions is finally coming true, thanks to donated legal services that Tully Rinckey PLLC provided to Make-A-Wish Northeast New York. The full-service law firm devoted over $25,000 in free “pro bono” legal services to the nonprofit organization to help it secure a $106,600 bequest that had been challenged. With the chapter’s average wish costing approximately $10,000, the bequest could fund up to 10 wishes, plus two additional wishes covered by the savings in legal fees. Tully Rinckey PLLC Partner Jennifer J. Corcoran, who had previously been a long-time Board member of the local Make-A-Wish chapter, said that some wishes have already been fulfilled because of this new funding and more will be granted in the coming months. Ms. Corcoran successfully represented Make-A-Wish in a will contest proceeding in Rensselaer County Surrogate’s Court, which offered the will for probate in June 2010 with the approval of the New York State Attorney General’s Charities Bureau. Ms. Corcoran practices estate planning and family and matrimonial law. To speak to Ms. Corcoran, or for more information, please contact James Schlett at (518) 218-7100 or at jschlett@1888law4life.com. Jennifer Bacon Wojeski, of Gloversville, NY joined the law firm of Maynard, O’Connor, Smith & Catalinotto as an associate attorney. She will concentrate her practice in the area of civil litigation. The firm, located at 6 Tower Place, Albany, New York, has additional offices in Albany and Saugerties. Jennifer earned her B.S., magna cum laude, from the George Washington University in Washington, D.C in 2004. She then served as a surface warfare officer in the United States Navy, aboard three warships over two tours of duty. She earned her J.D., magna cum laude, from Albany Law School of Union University in 2012 and is admitted to practice law in New York State. Jennifer lives in Gloversville with her husband, Dr. Christopher Wojeski, and their daughter, Bryn. She is a member of the Board of Directors of the Miss Fulton County Pageant and a member of the Friends of the Gloversville Public Library. Carter Conboy’s William D. Yoquinto and associate Amanda L. Cluff were published in the Winter Edition of ALFA Product Liability Perspectives. Their article “In New York Federal Pre-Emption Does Not Bar Manufacturer Liability When a Tour Bus Rolls Over but the State is Immune From Suit When a Tour Boat Sinks” analyzes the Court’s decisions in Doomes v. Best Transit Corp., 17 N.Y.3d 594; 958 N.E.2d 188 (2001) and Metz v. State of New York, 2012 N.Y. LEXIS 35555; 2012 Slip Op 8172. Specifically, the article compared the results in Doomes and Metz, two New York Court of Appeals cases concerning catastrophic tour bus and tour boat accidents. In Doomes, a tour bus failed to install passenger seat belts, causing numerous injuries to passengers when the driver fell asleep, crashing the bus into the median strip and roll down an embankment. In Metz, twenty people were killed when the Ethan Allen tour boat capsized and sank in Lake George. Analysis of the cases indicate New York law provides that the pre-emption doctrine cannot be implied and a manufacturer can be liable under State |
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Albany County Bar Association
The Stedman House, 1 Lodge Street, 2nd Floor, Albany, NY 12207 } Tel: 518-445-7691 } Fax: 518-445-7511 Contact Us at: acba@albanycountybar.com Copyright © Albany County Bar Association, 2013. All rights reserved. Web Site Design by: Spiral Design Studio |