
Bleakley Platt & Schmidt Advances SUEZ Water New York to Site Development Plan Review
Bleakley Platt & Schmidt’s Lino Sciaretta represents SUEZ Water New York Inc. (SWNY) as land use counsel in connection with the relocation of its headquarters from 360 West Nyack Road, West Nyack, NY to 162 Old Mill Road in Rockland County. SWNY currently occupies 162 Old Mill Road as its operations center. The operations center houses construction, administration, management, and customer support staff. Further, the site accommodates customers and developers seeking to pay their bills, apply for service, or modify water services. Additional construction employees and materials are located at 360 West Nyack Road. SWNY is advancing this operations consolidation project to allow for greater efficiency in its daily operations by improving and optimizing the operations center to house all employees, vehicles, and standard infrastructure materials (piping, hydrants, valves, etc.) at the 162 Old Mill site. Sciaretta has appeared before the Town of Clarkstown Technical Advisory Committee and received approval to proceed to the Planning Board for site development plan review. To read Rockland County Business Journal’s full story on this project, click here.
Read More
Vincent Crowe Wins Appeal on Behalf of Commodore Maintenance Corp.
On February 4, 2021, Vincent W. Crowe prevailed on appeal following the lower Court’s denial of Summary Judgment to the firm’s longstanding client, Commodore Maintenance Corp. See Pastorino v. New York City, Commodore Maintenance, 2021 N.Y. Slip Op. 00634 (App. Div. 1st Dept.). In Pastorino, plaintiff, a dock builder working on the Broadway Bridge connecting Manhattan and the Bronx was injured while climbing from a tug onto a barge. Plaintiff asserted a Longshore and Harbor Workers’ Compensation Act (LHWCA) claim against Commodore and Labor Law claims against the City of New York.
The Appellate Division reversed the Supreme Court, New York County Decision and determined that Commodore Maintenance Corp. was not liable to plaintiff under the LHWCA (33 U.S.C. §905) as it did not qualify as a “bareboat” charterer. The Court determined that the charter agreement between Commodore and third-party defendant Ocean Marine did not provide for the complete and exclusive relinquishment of possession and control to Commodore of the tug involved in plaintiff’s accident. In addition, all crossclaims against the City of New York were dismissed under the “anti-subrogation” rule and third-party defendant Ocean Marine’s counterclaims were dismissed.
Read More
Diaconis and Rodriguez Successfully Defend Summary Judgment Attack – Paving Way for Multi Million Dollar Recovery, Including Attorneys Fees for Prosecution of Action
Partners John Diaconis and Adam Rodriguez successfully defended a summary judgment decision they procured on behalf of Westchester County against Unity Mechanical Corp., in a defense and indemnity case brought in Westchester County Supreme Court.
The lawsuit arose out of injuries sustained by a Unity employee on May 30, 2013. The Unity employee was injured while performing work in the Westchester County Courthouse under a boiler repair contract with the County. The employee was standing on an A-frame ladder and fell to the floor, causing him to sustain significant injuries.
Unity agreed in the boiler repair contract with the County to defend and indemnify the County for “all” liability arising out of the performance under the Contract.
However, after the Unity employee sued the County in 2013, Unity refused to honor its contractual commitments to defend the County in the underlying action. So, the County defended itself. Years later, after a finding of “strict” liability against the County under the N.Y. Labor Law.
Unity ignored the County’s repeated offers to participate in settlement discussions, and the underlying action ultimately settled for $2.875 million. Unity then refused to indemnify the County for the settlement amount, so the County initiated a lawsuit.
The Court granted the County’s motion for summary judgment and held that Unity breached its duties to defend and indemnify the County. The Court also held that the County was entitled to attorneys’ fees for defending the underlying action, as well as the action-in-chief to recover the settlement proceeds.
Unity moved for reargument, arguing that the Court: (1) misapprehended the scope of Unity’s duty to defend and indemnify the County; (2) failed to address whether the County’s alleged negligence should preclude contractual indemnification to the County; and (3) failed to address the County’s alleged spoliation of evidence.
On December 31, 2020, in a thorough decision, the Court rejected Unity’s arguments and sustained its prior holdings, paving the way to a potential recovery of over $3 million for the County.
Here is a link to the decision.
Read More
Partner Robert Meade Secures Litigation Win for William Penn Life Insurance Company
Our Partner, Robert D. Meade, secured a litigation win on appeal of a case he argued at trial for the firm’s long-standing client William Penn Life Insurance Company of New York. See, Bonem v. William Penn Life Ins. Co. of N.Y., 2021 NY Slip Op 00227 (App. Div. 1st Dept.) The Appellate Division, First Department vacated the judgment of the Supreme Court, New York County (Justice Arthur F. Engoron) entered on August 17, 2020 which had awarded plaintiff $1 million on a life insurance policy. The lower court decision was unanimously overturned, with the Appellate Division directing the Clerk to enter judgment for William Penn, finding that the plaintiff was not entitled to coverage under the subject insurance policy because it had lapsed before the insured’s death.
Read More
Bleakley Platt & Schmidt Continues Its Proud Support of the Children’s Health & Research Foundation
Bleakley Platt & Schmidt is proud to support the Children’s Health & Research Foundation (CHRF). Through financial, legal, administrative and other support, as well as board service, the Firm assists CHRF in realizing its mission to promote the health of children and families in New York’s Hudson Valley and surrounding regions.
Read More
Friends of Miller House/Washington’s Headquarters Announces New Leadership
White Plains, NY: Today, Friends of Miller House/Washington’s Headquarters announced that new leadership has been elected for the term commencing on January 1, 2021.
Former New Castle Town Board member and long-time advocate for Miller House, John S. Diaconis has been elected President. Adam Rodriguez has been elected Vice President. Mr. Diaconis and Mr. Rodriguez are partners in the law firm of Bleakley, Platt & Schmidt LLP. One of Westchester’s oldest firms, Bleakley Platt has a history of civic engagement in Westchester County. The founding member was William Bleakley, Westchester’s first County Executive.
Edward L. Woodyard was elected Vice President as well. Mr. Woodyard has been involved with the Friends since its inception, and he is active in community affairs. Mr. Woodyard is a former President of the organization. Leo Vircillo will be the new Treasurer.
Linda Fernburg has stepped down as President, but will remain on the board of directors. The Friends are appreciative of Linda’s past service and pleased she’ll stay on as board member.
Mr. Diaconis said: “We are grateful for County Executive Latimer’s leadership in preserving this historic landmark. The Elijah Miller House is an 18th century farm house used by General George Washington during the Revolutionary War as a headquarters command post. The house was home to Ann and Elijah Miller and their 7 children. Elijah Miller and two sons John and Elijah, Jr. all died as members of Westchester’s militia in 1776. A woman of great courage, Ann Miller then turned the house into a hospital for Continental soldiers. During the Battle of White Plains, soldiers took shelter under the shade of a 300 year old sycamore that’s preserved on the property.”
Mr. Rodriguez added: “George Washington’s leadership during and after the American Revolution set this great nation on a path that has endured for over two hundred years. The Friends are committed to sustaining Washington’s legacy. We’ll assist the County in programming and plan to educate citizens both young and old not only about Washington’s unprecedented achievements, but also his position and struggle with other controversial issues.”
Mr. Diaconis and Mr. Rodriguez both thanked Daughters of Liberty’s Legacy for their hard work in preserving the house.
The Friends are looking to fill board of director vacancies and for members. Those interested may contact Mr. Diaconis directly at jdiaconis@bpslaw.com.
Read MoreAttorney John Diaconis Featured in Successful Mediation & ADR Panel Discussion
John Diaconis, Esq., a member of Bleakley Platt & Schmidt’s Insurance and Employment practice groups, moderated a successful July 29 online panel discussion, Mediation & ADR Alternatives in Westchester County Supreme Court. Among the panel members were Hon. Linda S. Jamieson of the Supreme Court of State of New York and Hon. Gretchen Walsh of NYS Supreme Court, Westchester County.
The discussion addressed Westchester County’s Alternative Dispute Resolution (ADR) programs, with special attention paid to presumptive ADR and its application to commercial, civil, and matrimonial division mediations. The panel also gave an overview of Westchester County Supreme Court’s ADR rules and the process for utilizing ADR programs, including virtual meditations. Additionally, attendees learned topics to consider and discuss with clients.
Mr. Diaconis counsels clients in the insurance and reinsurance industry and acts as defense and coverage counsel, mediator and arbitrator in the investigation and resolution of fidelity, commercial crime and financial institution bond claims, insurance company errors and omissions, employment, insurance agents and brokers, specified medical professions and medical benefits claims, and directors’ and officers’ claims. He also serves as an arbitrator and mediator in insurance and reinsurance arbitrations and mediations. He can be reached at jdiaconis@bpslaw.com.
Read More
“Let Facts Be Submitted To A Candid World”
It’s time for a candid conversation.
Leadership is spawned from crisis and necessity. True leaders simply lead. They are selfless and courageous, empathic and humble. They acknowledge their flaws and solicit the wisdom of others. Their moral compass is the common good. They seek neither credit nor platitudes. Their reward is the success and well-being of those who have placed their trust in them.
Our country and our region are confronting two daunting challenges: The COVID-19 Pandemic has killed or sickened family and friends, crippled our local and national economies and plunged individuals and families into the chaos of fiscal uncertainty and pervasive fear. Horrific homicidal misconduct of certain police officers has exposed, yet again, the festering social wounds of racism in our country and the resultant plight and suffering of Americans of color. These are common enemies that we as Americans must fight and overcome together.
I emphasize “we” because our Nation’s founding documents are based upon inclusive pronouns that contemplate a collective effort to defend and honor one another and the God-given Constitutional rights of every American. Unfortunately, on both sides of the aisle our political discourse has devolved into the constant use of divisive personal and partisan invective. This pits Americans against each other. This is not leadership. It is self-serving, toxic rhetoric that has exacerbated our problems, fomented unnecessary and otherwise avoidable social discord, and accomplished nothing other than to tear at the fabric of our country.
This is a defining moment for our Nation; an opportunity for thoughtful dialogue and needed reform. I have great faith in our country. Americans believe in redemption. As Americans, we were born for this time, for these challenges, and for this defining moment of change. We have among us leaders in healthcare and the sciences, who will develop the COVID-19 vaccine and identify breakthroughs in treatment – oftentimes, while risking their own health and safety. We also have among us political, community and law enforcement leaders who will hazard forward fearlessly to identify injustice where it exists, build a consensus for change, and eradicate the infection of racism and ignorance. We will do it together. It will not be easy. Nothing worthwhile ever is. But it is our time to lead this country forward.
How? I offer for your consideration the words of the Declaration of Independence. As a prelude to identifying the colonists’ grievances against King George, Thomas Jefferson wrote that “…let facts be submitted to a candid world.” In that same hope, I offer what I believe what we all must do as leaders. We must listen to one another without bias, and sincerely attempt to understand differing perspectives, grievances and fears. We must be patient, agree to disagree without insult or the all too predictable dismissive allegations of ignorance, intolerance or bigotry. We must understand that inevitable disagreements are merely navigable rapids, not insurmountable impediments. We must respect the humanity and validity of every American voice. We must support every person’s right to pursue the hopes and dreams that only can be realized in America. We must reject the generic vilification of law enforcement or any other group and the wanton destruction of life, livelihoods and personal property. Such conduct generates only mistrust and social and political instability, antithetical to the interests of all Americans. America’s greatness can only be realized with the humble receptivity to the perspectives and experiences of all of our neighbors.
In the end, leadership, while difficult, is quite simple. Treat people the way you want to be treated. In the words of the Reverend Dr. Martin Luther King, Jr., “[t]he arc of the moral universe is long, but it bends toward justice.”
It is our time. Let’s lead.
William P. Harrington
Chairman
Bleakley Platt & Schmidt, LLP
One North Lexington Avenue
White Plains, NY 10601
(914) 949-2700
To view this article in Westchester County Business Journal, click here.
Read More
As Businesses Reopen, The Lawsuits Begin
SAVE THE DATE: June 16, 2020 at 1 p.m. EST, a NYSBA Dispute Resolution Section Zoom/Webinar.
As Businesses Reopen, The Lawsuits Begin: The Landscape for the Post-Covid Deluge of Lawsuits, the Intersection of Insurance and Using ADR for Expedited Resolution.
I look forward to moderating this program with an amazing panel consisting of AAA-ICDR Arbitrators Deborah Masucci, Mark Bunim, John Diaconis, Peter A. Halprin, FCIArb, FAiADR, and my AAA-ICDR colleague Svetlana Gitman.
See the following link to register:
Read More
DIACONIS & RODRIGUEZ WIN JUDGMENT FOR COUNTY OF WESTCHESTER POTENTIALLY WORTH OVER $4 MILLION
Partner John Diaconis and Counsel Adam Rodrigues successfully moved for summary judgment on behalf of Westchester County against the Netherlands Insurance Company and Unity Mechanical Corp., in a defense and indemnity case brought in Westchester County Supreme Court.
The lawsuit arose out of injuries sustained by a Unity employee on May 30, 2013. The Unity employee was injured while performing work in the Westchester County Courthouse under a boiler repair contract with the County. The employee was standing on an A-frame ladder and fell to the floor, causing him to sustain significant injuries.
Unity agreed in the boiler repair contract with the County to defend and indemnify the County for “all” liability arising out of the performance under the Contract. Unity also agreed in the Contract to obtain insurance coverage for the County to cover it against any losses arising during the performance of the Contract. And Unity in fact obtained an insurance policy from Netherlands that covered the County.
However, after the Unity employee sued the County in 2013, both Unity and Netherlands refused to honor their contractual commitments to defend the County in the underlying action. So, the County defended itself. Years later, after a finding of “strict” liability against the County under the N.Y. Labor Law, Netherlands disclaimed insurance coverage for the County. Unity and Netherlands also ignored the County’s repeated offers to participate in settlement discussions with Unity’s employee, and the underlying action ultimately settled for $2.875 million. Both Netherlands and Unity then refused to indemnify the County for the settlement amount, so the County sued them both.
After the close of discovery, the County moved for summary judgment. The Court granted the County’s motion and held that Netherlands and Unity both breached their duties to defend and indemnify the County. The Court also held that the County was entitled to attorneys’ fees for defending the underlying action, as well as the action-in-chief to recover the settlement proceeds.
Here is a link to the decision.
Read MoreClient Alert: Unique Estate Planning Opportunities Available Now
Certain aspects of the current economic environment allow for unique planning opportunities that are not available during more usual times. The following factors combine to present these unprecedented estate planning opportunities:
- Historically High Gift/Estate Tax Exemptions. Generally speaking, transfers to your loved ones (other than a spouse) during your life or at your death are subject to federal gift or estate taxes. All US citizens have an exemption from these taxes, which is now at an historically high $11,580,000. Importantly, this exemption amount is currently scheduled to be reduced by approximately half on January 1, 2026. However, a change in political control of the federal government prior to 2026 would also likely result in reductions of these historically high exemptions, or they may be reduced in order to raise revenue for the federal government. This means that making large gifts at this time may be desirable to use the current historically high exemption before it is no longer available.
- Historically Low Interest Rates. The Federal Reserve has reduced interest rates to essentially zero. Certain trusts work very well in low interest rate environments as discussed in more detail below.
- Reduced Asset Values. The value of many financial assets (such as marketable securities) have declined from their February 2020 highs. Because gifts of these assets are taxed on their values at the time of the transfer, it is now cheaper to transfer assets with a currently reduced value than it was before the pandemic.
In this Client Alert, we list ten estate planning techniques you may wish to consider during the current environment. Not every technique may be helpful for you. Our firm’s Trusts and Estates attorneys can review your and your family’s particular situation to see if you can benefit from these techniques, as well as others not listed here. Every estate plan we draft is custom-tailored to our clients’ unique needs and goals, which may have changed in light of the current pandemic.
The estate planning opportunities discussed below should be built upon a well-drafted basic estate plan, which includes a Will and/or a Revocable Trust, a Power of Attorney, Health Care Proxy and Living Will. A previous Client Alert, which can be found here, reviews the importance of a basic estate plan and how it can be implemented even while social distancing is required.
Ten Estate Planning Opportunities to Consider Now:
- Grantor Retained Annuity Trusts (“GRATs”). GRATs are structured so that the creator of the GRAT transfers assets to a trust and retains the right to receive payments back from the trust over the trust term. If the assets transferred to the trust appreciate in value beyond the amount of the payments back to the creator and an interest rate set by the IRS (the “hurdle rate”), this appreciation passes to your beneficiaries free of transfer tax. GRATs are particularly attractive now because in this low interest rate environment the hurdle rate is very low and the expected economic recovery may lead to significant appreciation of assets above their current values. There is currently political opposition to GRATs, which means that GRATs could be significantly curtailed in the future if there is a change in political control of the federal government. This suggests proceeding now if it makes sense for your current situation.
- Spousal Lifetime Access Trusts (“SLATs”). In this time of economic uncertainty, it is understandable that losing the ability to access gifted assets may be undesirable. For married clients, SLATs couple the advantages of making gifts at this time (i.e., using your gift tax exemption before it is reduced) while retaining the ability to indirectly access the assets transferred to the SLATs. SLATs accomplish this by providing that your spouse is the beneficiary of the SLAT and can receive assets from the SLAT during your lifetime. Your spouse can also create a SLAT for you, although the SLATs established by you and your spouse cannot have identical provisions.
- Domestic Asset Protection Trusts (“DAPTs”). Another way to take advantage of making gifts now without losing control of those assets is by creating a DAPT. DAPTs allow you to set up a trust for your own benefit, while protecting the assets in the trust from your creditors and taking advantage of gifting during this time. DAPTs must be established in one of the 19 states that currently allow them (New York is not one of these states), but DAPTs can be established by residents of other states. There are many variations of DAPTs that can be used to address your specific needs.
- Life Insurance Trusts. Life insurance is included in your estate for estate tax purposes at the face value of the policy. Creating a trust to own any life insurance you may have can remove this amount from your estate, which may be prudent planning at this time because the estate tax exemption amount will be coming down (as discussed above). It is preferable to transfer existing policies to such a trust as soon as possible because existing policies transferred to trusts are included in your estate for the three years following the transfer.
- Annual Exclusion Gifts. Current law allows you to make gifts of $15,000 ($30,000 if you are married and your spouse consents to the gifts) to as many people as you choose without reducing your lifetime gift/estate tax exemption. Making these gifts now will allow your beneficiaries to purchase assets with depressed asset values and receive the benefit of the appreciation of those assets going forward. You can also make gifts of assets with currently depressed values that you believe will appreciate.
- Gifts of Closely Held Businesses. If you own a closely held business that has recently experienced a decline in sales, this may be the right time to make gifts of ownership in that business, because the gifts are valued at the time of transfer and the value of your business may be significantly reduced at this time. Also, if there is a change in political control in Washington it is likely to bring about restrictions on planning opportunities for transfers of closely held businesses.
- Low Interest Loans. The tax code generally requires you to charge a minimum amount of interest on a loan. Because of the low interest rate environment, the minimum required interest rate on a loan is historically low. Therefore, it may be a great time to make a loan to a loved one, who could purchase investment or personal assets (such as a home) while prices are reduced. This technique also applies to “selling” assets to a trust in exchange for a promissory note. This technique usually involves a specialized trust called an Intentionally Defective Grantor Trust.
- Maximizing Use of the Current GST Tax Exemption. The current economic environment also offers planning opportunities with respect to the generation-skipping transfer tax (the “GST tax”). The GST tax is a federal wealth transfer tax in addition to the gift/estate tax on transfers to grandchildren or other persons more than one generation below you. Like the federal gift/estate tax, the current GST tax exemption is currently historically high and is slated to be reduced in 2026, if not before for the reasons mentioned above. If you currently have trusts set up, you may be able to use your GST tax exemption without transferring any additional assets. Accordingly, it is a good time to provide for your grandchildren by creating what is commonly known as a Dynasty Trust.
- Roth Conversions. Withdrawals from “traditional” retirement accounts are generally subject to income tax, while withdrawals from Roth retirement accounts are not. Converting “traditional” retirement accounts to Roth accounts will result in inclusion of the converted amount in your taxable income for the year of the conversion, but later withdrawals from the converted Roth account will be income tax free. Converting traditional retirement accounts to Roth accounts may be advantageous in the current environment because: (i) asset values are lower and conversions will be taxed on this lower amount; (ii) current income tax rates are historically low and are expected to rise in the future to meet the federal government’s revenue needs, and (iii) you may have reduced income in 2020. When reviewing your estate planning for your retirement accounts, it is also important to keep in mind the recent changes as a result of the SECURE Act, which we have addressed in a previous client update which can be found here.
- Charitable Donations. The recently passed CARES Act expands the availability of income tax deductions for charitable contributions in several ways. You may wish to consider making charitable contributions at this time, which can result in additional tax benefits to you while providing a helping hand during the current crisis. Clients with retirement accounts can also make Qualified Charitable Distributions directly from those accounts to charities, which can increase the tax benefits of doing so.
We look forward to assisting you with creating your estate plan or re-evaluating any estate planning you may have done. Please feel free contact any of our estate planning attorneys listed on our firm’s Trusts and Estates Department website to review your plan.
Read More
Bleakley Platt & Schmidt and Continuing Legal Education
Bleakley Platt & Schmidt, LLP is proud of it’s more than 80-year legacy of providing superior legal counsel to the residents and businesses of Westchester County and Greenwhich, CT. The firm is also dedicated, however, to helping foster the talent of up-and-coming lawyers and to the education of the legal community. For this reason, our attorneys, like partner Frances M. Pantaleo, frequently speak at Continuing Legal Education (CLE) courses – specialized professional education required for attorneys, following admission to the bar.
Ms. Pantaleo, head of the firm’s Elder Law and Special Needs Practice Group, for example, will speak at a CLE entitled “An Introduction to Elder Law and Special Needs Planning,” presented by the Westchester County Bar Association’s Trust & Estates and Elder Law committees, on Thursday, January 16.
Elder law is the area of legal practice providing counsel in matters concerning health care, long-term care planning, estate planning (including preparation of wills, trusts, and advance directives), asset preservation and protection, Medicaid applications, and guardianship. Under Ms. Pantaleo’s leadership, the Elder Law and Special Needs Practice Group works closely with clients’ family advisors, including family offices, financial advisors, CPAs, social workers, and healthcare professionals, in providing such services.
An educator, as well as an attorney, Ms. Pantaleo has taught law at the Benjamin N. Cardozo School of Law in New York City and Pace Law School in White Plains. She previously spoke at the New York State Bar Association’s “Basic Elder Law” CLE in November.
Other Bleakley Platt & Schmidt attorneys who have spoken at CLEs and similar programs include associate Brendan H. Buschman, who gave an overview on special needs estate planning at NYSBA’s “Special Education” CLE in October; associate Daniel P. Buckley, who, in October, presented on Estate Planning with Digital Assets at NYSBA’s “Intermediate Trusts and Estates” CLE, and partner Nancy J. Rudolph, who spoke about the Surrogate’s Court mediation program at the October meeting of the NYSBA Trusts & Estates and Elder Law & Special Needs Sections.
“An Introduction to Elder Law and Special Needs Planning” will be held on Thursday, January 16 from 5:30pm to 8:00pm, in the Ground Floor Conference Room at 2 Westchester Park Drive, White Plains, NY. Registration is required. To register, click here.
Read More
Bleakley Platt & Schmidt’s Frances M. Pantaleo to Speak at WCBA January CLE
Bleakley Platt & Schmidt partner and head of the firm’s Elder Law and Special Needs Practice Group, Frances M. Pantaleo, Esq. will speak at a Continuing Legal Education course entitled “An Introduction to Elder Law and Special Needs Planning,” presented by the Westchester County Bar Association’s Trust & Estates and Elder Law committees, on Thursday, January 16.
Elder law is the area of legal practice providing counsel in matters concerning health care, long-term care planning, estate planning (including preparation of wills, trusts, and advance directives), asset preservation and protection, Medicaid applications, and guardianship. Under Frances Pantaleo’s leadership, the Elder Law and Special Needs Practice Group works closely with clients’ family advisors, including family offices, financial advisors, CPAs, social workers, and healthcare professionals, in providing such services.
Ms. Pantaleo is a member of the National Academy of Elder Law Attorneys (NAELA) and previously served as Chair of the New York State Bar Association’s Elder Law and Special Needs Section. She was recently named Best Lawyers’ 2020 Lawyer of the Year in White Plains for the field of Elder Law. Additionally, the Thomson Reuters publication Super Lawyers Magazine has recognized her as one of the Top 25: 2019 Westchester County Super Lawyers, and the publication has also named her as one of the top 50 Women Lawyers in the Metro Area. She has also been honored with an award from the New York State Bar Association Elder Law & Special Needs Section for her work “in furtherance of the rights of the elderly and persons with disabilities.”
An educator, as well as an attorney, Ms. Pantaleo has taught law at the Benjamin N. Cardozo School of Law in New York City and Pace Law School in White Plains. She previously spoke at the New York State Bar Association’s “Basic Elder Law” CLE in November.
“An Introduction to Elder Law and Special Needs Planning” will be held on Thursday, January 16 from 5:30pm to 8:00pm, in the Ground Floor Conference Room at 2 Westchester Park Drive, White Plains, NY. Registration is required. To register, click here.
Bleakley Platt & Schmidt, LLP is Westchester’s preeminent law firm, with a more than 80-year legacy of providing superior legal counsel to the residents and businesses of Westchester County and Greenwhich, CT. To learn more about the firm’s services, visit https://www.bpslaw.com/, or contact its offices at (914) 949-2700. Click here to send an email and inquire about Frances Pantaleo, Esq’s team and practice areas.
Read More
The First Three Westchester County Executives
Both Judge Bleakley and Judge Hopkins were former BPS attorneys.
Click here for an accessible text only version of the flyer shown above.
McGOWAN ELECTED TO ROCKLAND COUNTY LEGISLATURE
In November 2019, John W. McGowan was elected to a 4-year term on the Rockland County Legislature. In his capacity as Legislator, Mr. McGowan, who took office on January 2, 2020, represents residents in District 15, that encompasses portions of Orangetown (Pearl River), Clarkstown (Nanuet, West Nyack), and Chestnut Ridge.
To read Mr. McGowan’s attorney profile, click here.

RODRIGUEZ APPOINTED TOWN ATTORNEY IN YORKTOWN
On January 7, 2020, the Yorktown Town Board unanimously appointed Adam Rodriguez to serve as its Town Attorney.
“We are very fortunate to be represented by Adam and Bleakley Platt & Schmidt,” said Town Supervisor Matthew J. Slater. “Going forward, it is reassuring to know that the Town can call on Adam’s expertise and the firm’s significant resources for legal assistance.”
“It’s an honor to have the confidence of Supervisor Slater and the Town Board,” Rodriguez said. “I’m excited for the opportunity to advise the Town and look forward to using my private and public sector experience to serve.”
As Town Attorney, Rodriguez will act as legal counsel to the Town, its elected officials, department heads, and its various boards. Rodriguez will also represent the Town in litigation and transactions, and monitor all the Town’s outside counsel who assist the Town with matters such as public finance.
Mr. Rodriguez focuses his practice in the areas of litigation, municipal law, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history. He has also served as a law clerk to two federal judges, and worked as a litigator at a large law firm in New York City.
To read Mr. Rodriguez’s attorney profile, click here.
Read MoreBleakley Platt & Schmidt’s John McGowan Begins First Term on County Legislature
Bleakley Platt & Schmidt, LLP associate John W. McGowan, Esq, was recently sworn in as Rockland County’s District 15 Legislator, joining the County Legislature, comprised of 17 representatives from throughout Rockland.
A lifelong resident of Rockland County, McGowan’s victory in District 15 was his first run for elected office and is the culmination of an extensive record of public service and community involvement. As an attorney at Bleakley Platt & Schmidt, McGowan, who is admitted to practice in both New York State and federal courts, is a member of the Litigation Practice Group, where he specializes in general liability defense, construction law, and criminal defense. He is a former Senior Assistant District Attorney of the Rockland County District Attorney’s Office, where he was assigned to the Special Victims’ Unit.
Appointed by Rockland County Executive Ed Day in 2018, McGowan is a board member of the Rockland County Solid Waste Management Authority. He is also president of the Rockland Ancient Order of Hibernians, as well a member of the Rockland Friendly Sons of St. Patrick, Pearl River Elks Lodge 2041, St. Dominic Knights of Columbus, and a volunteer with the Lourdes Kids of Rockland and Pearl River American Legion, Post 329. He is an adjunct professor at St. Thomas Aquinas College and a faculty instructor with the Orangetown Police Youth Court.
McGowan began his four-year term on January 2, 2020, replacing outgoing District 15 legislator, Patrick Moroney.
Bleakley Platt & Schmidt, LLP is Westchester’s preeminent law firm, with a more than 80-year legacy of providing superior legal counsel to the residents and businesses of Westchester County and Greenwhich, CT. To learn more about the firm’s services, visit https://www.bpslaw.com/, or contact its offices at (914) 949-2700. To learn more about John W. McGowan, his practice areas, and services offered, email him at jmcgowan@bpslaw.com.
Read MoreThe Need for an Elder Lawyer While Caring for a Loved One
Bleakley Platt & Schmidt partner Frances M. Pantaleo, Esq. and her team of elder law specialists understand that caring for an aging family member is a responsibility that tests the endurance of even the most devoted relatives. Fortunate families might find their loved one a room and specialized care at a retirement home or memory unit, but such a move brings its own stressors, like Medicare/Medicaid requirements and policies, on top of the inherent emotional strain. Few are prepared to navigate the intricacies of the system. Fortunately, Ms. Pantaleo leads the firm’s Elder Law and Special Needs Practice Group, dedicated to addressing the needs of the elderly, the differently abled, and their families.
A member of the National Academy of Elder Law Attorneys (NAELA) and Co-Chair of the New York State Bar Association’s Committee on the Elderly and Disabled, Frances Pantaleo, Esq. was recently named Best Lawyers’ 2020 Lawyer of the Year in White Plains for the field of Elder Law. Additionally, the Thomson Reuters publication Super Lawyers Magazine has recognized her as one of the Top 25: 2019 Westchester County Super Lawyers, and the publication has also named her as one of the top 50 Women Lawyers in the Metro Area. She has also been honored with an award from the New York State Bar Association Elder Law & Special Needs Section for her work “in furtherance of the rights of the elderly and persons with disabilities.” An educator, as well as an attorney, Ms. Pantaleo has taught law at the Benjamin N. Cardozo School of Law in New York City and Pace Law School in White Plains.
Under Frances Pantaleo’s leadership, the Elder Law and Special Needs Practice Group works closely with clients’ family advisors, including family offices, financial advisors, CPAs, social workers, and healthcare professionals, providing counsel in the areas of health care, long-term care planning, estate planning (including preparation of wills, trusts, and advance directives), asset preservation and protection, Medicaid applications, and guardianship.
If you or a loved on are in need of elder law services, don’t wait to find out how Bleakley Platt & Schmidt can help. Contact Frances Pantaleo, Esq. to begin fighting for the care you need and the security your family deserves.
Read MoreFrances Pantaleo, Esq. of Bleakley Platt & Schmidt, Named 2020 Lawyer of the Year
White Plains, NY – Bleakley Platt & Schmidt, LLP, Westchester County’s preeminent law firm, is pleased to announce that partner Frances Pantaleo, Esq. received several accolades in 2019, for her work in her practice area of elder law. She has been named as White Plains’ 2020 Lawyer of the Year in her field by Best Lawyers, regarded nationally as the most credible measure of legal integrity for more than three decades, and will be listed in the 26th Edition of The Best Lawyers in America.
Additionally, the Thomson Reuters publication Super Lawyers Magazine has once again recognized Ms. Pantaleo as one of the top 50 Women Lawyers in the Metro Area and once again as one of the Top 25: 2019 Westchester County Super Lawyers.
As partner, Pantaleo draws on her expertise in elder law, special needs planning, and guardianship proceedings to further the firm’s 80-year legacy of providing superior legal counsel to Westchester residents and businesses. A member of the National Academy of Elder Law Attorneys (NAELA), she heads the firm’s Elder Law and Special Needs Practice Group, a team dedicated to helping elderly individuals and their families handle the legalities of long-term care, estate planning (including preparation of wills, trusts and advance directives), asset preservation, Medicaid applications, guardianship, and other concerns that come with aging and disability.
Ms. Pantaleo is a graduate of New York University School of Law, and has taught elder law at the Benjamin N. Cardozo School of Law in New York City and Pace Law School.
Pantaleo has served as Chair of the New York State Bar Association’s Elder Law and Special Needs Section and is currently Co-Chair of the Committee on the Elderly and Disabled of its Trusts and Estates Section.
This breadth of knowledge and passion for her practice areas has earned Pantaleo numerous honors. Earlier this year, Pantaleo was presented with an award from the New York State Bar Association’s Elder Law & Special Needs Section for her work “in furtherance of the rights of the elderly and persons with disabilities.”
Read MoreJoin Us – NYS Employment Law Updates
Human Resources Network at Dutchess Community College
Join us for a review of the changes to New York State Employment law over the last year. See topics covered below.
- GENDA – the Gender Expression Non-Discrimination Act
- Discrimination based on Reproductive Health Decision
- Equal Pay / Salary History Ban
- Workplace Harassment Protections
- New York State Paid Family Leave Act
When: Thursday, December 12, 2019
Time: 9 am – 10:30 am
Where: The Council of Industry Office, Newburgh, NY
Free for Council of Industry Members
To register, click here to send an email to Alison Butler
Partner Jim Glatthaar to Speak at a Continuing Legal Education Seminar on Landlord-Tenant Law In New York: A New Paradigm – September 12, 2019
Bleakley Platt partner Jim Glatthaar will speak at a Continuing Legal Education Seminar sponsored by Judicial Title on Landlord-Tenant Law In New York: A New Paradigm on Thursday, September 12, 2019 at CV Rich Mansion, 305 Ridgeway, White Plains, NY. This seminar begins promptly at 6:00 and qualifies for 1 Professional Practice Credit and 1 Ethics Credit.
Mr. Glatthaar’s presentation will address the far-ranging legislation adopted in June 2019 which changed many long-standing rules of landlord-tenant law, including changes to rent increases in rent regulated apartments, new eviction notices, new time frames for eviction proceedings and post judgment relief available to tenants.
The program will also discuss ethical considerations in landlord tenant matters, including lease negotiation and litigation.
A member of the Litigation, Co-Operative and Condominium, Construction and Real Estate Practice Groups at Bleakley Platt, Mr. Glatthaar concentrates his practice in the areas of zoning and land use law and litigation, cooperative and condominium law, construction law and real estate litigation. He has represented landlords, tenants, developers, non-profit institutions, sellers, purchasers, realtors, cooperatives and condominiums in building, zoning, housing and disability-based discrimination claims, landlord-tenant and construction defect claims both in courts and before state and federal administrative agencies. He has also represented property owners and purchasers in complex real estate and financing transactions.
Learn more about Jim Glatthaar.
Read More
Rodriguez & Diaconis Broker Favorable Settlement for Philipstown in Cell Tower Standoff with Verizon Wireless
Counsel Adam Rodriguez and Partner John S. Diaconis have brokered a favorable settlement for the Town of Philipstown. The case involved a dispute over Verizon’s application to construct a 180-feet tall cell tower in the Town. Under the settlement, the tower will be 120 feet tall—60 feet shorter than Verizon’s first proposed facility. Verizon also waived its rights to raise the height of the tower.
Richard Shea, the Town Supervisor, applauded the deal, noting that “everything that’s been requested by the residents has been put in” the settlement.
In addition to the reduced tower height, the settlement also includes the following favorable terms:
- Verizon will provide $20,000 for property owners near the facility to install visual mitigation landscaping.
- Verizon will reimburse the Town for the expenses it incurred in reviewing Verizon’s permits applications in an amount of $21,260.70.
- Verizon will keep approximately 2,000 feet of access road clear and maintained.
- Local emergency services can maintain three antennas on the tower at no charge.
- A variety of measures to disguise the tower, including camouflaged design, an 8-foot cedar privacy fence, vegetative screening, and minimized light pollution.
“The Town’s rejection of the 180-feet tower was well founded,” said Mr. Rodriguez. “This settlement agreement recognizes that, mandates that the concerns of the residents of Philipstown will be addressed, and ensures that the tower will not be an eyesore.”
The Town originally denied Verizon’s request to build the tower because (1) Verizon had failed to prove that there was a sufficient gap in wireless coverage, (2) the tower would negatively impact the views in the community, and (3) the tower would diminish property values.
Verizon filed the lawsuit under the federal Telecommunications Act of 1996 back in February 2018, seeking monetary damages and injunctive relief. Verizon argued that the Town violated state and federal law when it rejected the mobile giant’s application to build the 180-foot tower.
The case is New York SMSA Limited Partnership d/b/a Verizon Wireless et al. v. Town of Philipstown et al., case number 7:18-cv-01534, in the U.S. District Court for the Southern District of New York.
To view the settlement agreement, click here.
Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history. He has also served as a law clerk to two federal judges, and worked as a litigator at a large law firm in New York City.
To read Mr. Rodriguez’s attorney profile, click here.
Mr. Diaconis focuses his practice on the insurance and reinsurance industry. He also serves as an arbitrator and mediator in insurance and reinsurance arbitrations and mediations. Mr. Diaconis received his formal mediation training at Harvard Law School, Program of Instruction for Lawyers and at the Westchester Mediation Center, in conjunction with New York State Office of Court Administration. He is appointed to the Roster of Neutrals for New York Supreme Court, Commercial Divisions, for both New York and Westchester Counties.
To read Mr. Diaconis’ attorney profile, click here.
Read MorePartner Joe DeGiuseppe Speaking at 91st Annual NYSAC Fall Conference
Bleakley Platt partner Joe DeGiuseppe, chair of the firm’s Employment and Immigration Law practices, will speak on Monday, September 16th at the 91st Annual Fall Conference of the NYS Cemetery Association on the topic of “Recent Developments in NYS Paid Family Leave Laws.” Mr. DeGiuseppe’s presentation will provide an overview of various leave issues under this NYS law and its interaction with similar federal, state and local employee leave laws, including FMLA, the NYS Human Rights Law and the NYC and Westchester County Earned Sick Leave Laws.
Mr. DeGiuseppe advises clients on all aspects of labor and employment law, including employment terminations and discipline, reductions-in-force, personnel policies and practices, employee benefit cases and collective bargaining negotiations. He has acted as lead counsel on significant employment discrimination law cases, wage and hour cases and collective actions, non-competition cases and arbitration proceedings. He also advises corporations, business executives, professional employees and individual clients with respect to immigrant visa (green cards) applications, U.S. citizenship applications, nonimmigrant work visa petitions, and employment verification and discrimination issues.
More information on the 91st Annual NYSAC Fall Conference can be found at the following link: http://nysac.com/upcoming-events/
Read More
Courts Can Now Use Google Maps: N.Y. Law Amended to Allow Courts to Take Judicial Notice of Information from Web-mapping Services
I often use Google Maps, the Westchester County Geographic Information Systems, and other web-based mapping services in my cases to find visual information about specific locations around the world that are relevant. Using those maps during depositions is easy. But getting those maps admitted into evidence at a trial or hearing would require an evidentiary certification from the custodian of the image that could be difficult and time consuming. Not anymore.
The New York State Legislature recently amended § 4511 of the Civil Law and Practice Rules (“C.P.L.R.”) to require courts to take “judicial notice” of digital mapping images and related information. Courts can take judicial notice of a fact when it is a well-known or indisputable, proven fact.
The new § 4511(c) reads:
“Every court shall take judicial notice of an image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool, when requested by a party to the action, subject to a rebuttable presumption that such image, map, location, distance, calculation, or other information fairly and accurately depicts the evidence presented. The presumption established by this subdivision shall be rebutted by credible and reliable evidence that the image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool does not fairly and accurately portray that which it is being offered to prove. A party intending to offer such image or information at a trial or hearing shall, at least thirty days before the trial or hearing, give notice of such intent, providing a copy or specifying the internet address at which such image or information may be inspected. No later than ten days before the trial or hearing, a party upon whom such notice is served may object to the request for judicial notice of such image or information, stating the grounds for the objection. Unless objection is made pursuant to this subdivision, or is made at trial based upon evidence which could not have been discovered by the exercise of due diligence prior to the time for objection otherwise required by this subdivision, the court shall take judicial notice of such image or information.”
So, § 4511(c) creates a rebuttable presumption. Any party can ask a court to take judicial notice of the web mapping service images or information. No evidentiary showing is required, but requesting parties must notify their adversaries at least thirty (30) days before a trial or hearing. The adversary must then object no later than ten days before the trial or hearing, stating the grounds for the objection, which must include “credible and reliable evidence” that the image or information “does not fairly and accurately portray that which it is being offered to prove.” If the adversary fails to make a timely objection (unless new facts are learned after the objection deadline), the court must take judicial notice of the image or information.
This is a very practical amendment to the C.P.L.R. that will promote efficiency by saving time. We all rely on these web mapping services in our everyday lives. There is no reason that the courts should be any different.
At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history. He has also served as a law clerk to two federal judges and worked as an intellectual property litigator at a large law firm in New York City.
Visit Mr. Rodriguez’s Facebook page “Trademark Tales,” Twitter feed, Instagram feed and LinkedIn for more thoughts on the law.
To read Mr. Rodriguez’s complete biography, click here.
Read MoreSupreme Court Strengthens Rights of Trademark Licensees: Holds that bankruptcy debtors cannot terminate trademark license agreements under section 365 of the U.S. Bankruptcy Code
In the United States, the Bankruptcy Code allows individuals and entities (“debtor”) who cannot repay their debts to seek relief from some or all of those debts.
One of the peculiar aspects of the Bankruptcy Code is that 11 U.S.C. § 365(a) enables a debtor to reject “executory contracts,” which are contracts that neither party has finished performing. Examples of executory contracts are a real estate lease and an intellectual property licensing agreement.
The question before the Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC., was whether the “rejection” of a trademark licensing agreement under § 365(a) also terminated the rights of the licensee to use the trademark.
The Court agreed to hear the case to resolve a split among the circuit courts. The Court of Appeals for the First Circuit held in In re Tempnology, LLC, 879 F. 3d 389 (2018) that a debtor’s rejection of trademark licensing agreement terminated the licensing agreement. The Seventh Circuit, however, had ruled the other way in Sunbeam Products, Inc. v. Chicago Am. Mfg., LLC, 686 F. 3d 372 (7th Cir. 2012).
The Supreme Court agreed with the Seventh Circuit, holding that a debtor’s rejection of trademark license under Section 365 of the Bankruptcy Code has the same effect as a breach of that license agreement outside bankruptcy. Rejection does not rescind rights that the contract previously granted.
“A rejection breaches a contract but does not rescind it. And that means all the rights that would ordinarily survive a contract breach, including those conveyed here, remain in place.” The debtor “can stop performing its remaining obligations under the agreement. But the debtor cannot rescind the license already conveyed. So the licensee can continue to do whatever the license authorizes.”
The Court’s holding is a victory for trademark licensees. It strengthens the rights of licensees by making clear that rejection of a trademark license during bankruptcy does not rescind the license. It will also give trademark licensees greater power and leverage during the bankruptcy reorganization process.
At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history. He has also served as a law clerk to two federal judges and worked as an intellectual property litigator at a large law firm in New York City.
Visit Mr. Rodriguez’s Facebook page “Trademark Tales,” Twitter feed, Instagram feed and LinkedIn for more thoughts on the law.
To read Mr. Rodriguez’s complete biography, click here.
Read MoreBrendan H. Buschman Presents a CLE Seminar on Supplemental Needs Trusts
Brendan H. Buschman, a member of the firm’s Elder Law and Special Needs Practice Group, will give a CLE seminar on Supplemental Needs Trusts for the Mamaroneck Harrison Larchmont Bar Association in conjunction with Benchmark Title on Friday, June 7, 2019 at Emilio’s Ristorante, Harrison, NY.
The presentation will review such topics as Self-Settled Supplemental Needs Trusts, Third Party and Trigger Supplemental Needs Trusts in Wills and/as Testamentary Substitutes, and ABLE Accounts.
Mr. Buschman has experience in elder law, special needs planning and guardianship proceedings under Article 81 of the Mental Health Hygiene Law and Article 17A of the Surrogate’s Court Procedure Act, drafting and administration of special needs trusts, estate planning, drafting of wills and trusts, and estate administration.
To read Mr. Buschman’s complete biography, click here.
Read MoreBleakley Platt attorneys, William P. Harrington and John W. McGowan, to sue New York State Parole Board over release of Judith Clark
On Monday, May 13th, Bleakley Platt attorneys William P. Harrington and John W. McGowan, in conjunction with co-counsel Mark Blanchard and Dennis Lynch of Blanchard and Wilson, commenced an action in New York State Supreme Court on behalf of clients Arthur G. Keenen Jr. and Michael Paige against the New York State Parole Board (the “Board”) and Commissioners Tana Agostini, Ellen Alexander, and William Smith Jr. based on the Board’s decision to grant parole to and release murderer, Judith Clark, who was convicted for her role in the infamous 1981 Brinks robbery which claimed the lives of three innocent men: Sgt. Edward O’Grady (Nyack Police Department); Officer Waverly “Chipper” Brown (Nyack Police Department); and Brinks Security Officer Peter Paige. Arthur Keenen is a retired Nyack Police Officer who was injured during the Brinks robbery and Michael Paige is the son of the late Peter Paige, slain during the robbery.
Through this action, our clients/plaintiffs contend that the Board acted improperly and failed to follow the statutory and regulatory guidelines in making its decision to grant parole to the convicted murderer Judith Clark. Ultimately, our clients seek a reversal of the Board’s decision and that Judith Clark be remanded back to state prison to serve the remainder of her sentence.
This matter garnered media coverage from many local outlets, including News12, the Journal News, Fios1 News, the New York Post, and 1010 WINS among others.
A link to an article covering the press conference and announcement of the suit: https://www.lohud.com/story/news/local/rockland/2019/05/13/brinks-victims-seek-new-parole-hearing-freed-judith-clark/1186735001/
Read MorePartner Jim Glatthaar & Counsel Adam Rodriguez Quoted by The Verge on Facebook Housing Discrimination Case
Bleakley Platt Partner Jim Glatthaar and Counsel Adam Rodriguez were key sources for a recent article in The Verge that examines the U.S. Department of Housing and Urban Development’s claim that Facebook violated the Fair Housing Act by letting ad buyers use Facebook algorithms to target audiences that included or excluded certain races, religions, or genders.
According to Mr. Glatthaar, the case is unusual for a variety of reasons. “Something like this is a national practice, whereas most housing discrimination is fairly local,” he says. “The federal government is one of the few entities that can handle something of this scope.”
According to Mr. Rodriguez, HUD doesn’t have to establish that these targeting algorithms are purposefully designed to avoid showing ads to certain protected classes. It just has to demonstrate that the system effectively makes housing less accessible to these people — a concept known as disparate impact. “If there is an algorithm that just happens to discriminate against racial minorities or gender minorities or whatever, I think it would still be problematic,” says Rodriguez. He compares the move to a zoning restriction whose text and intent is race-neutral but that directly results in fewer black residents, which would likely still be considered discriminatory.
To read the entire article, click here.
Mr. Glatthaar is a member of the Litigation, Co-Operative and Condominium, Construction and Real Estate Practice Groups at Bleakley Platt. He has represented landlords, tenants, developers, non-profit institutions, sellers, purchasers, realtors, cooperatives and condominiums in building, zoning, housing and disability-based discrimination claims, landlord-tenant and construction defect claims both in courts and before state and federal administrative agencies. He has also represented property owners and purchasers in complex real estate and financing transactions.
Click here to view his complete attorney profile.
At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history. He has also served as a law clerk to two federal judges, and worked as an intellectual property litigator at a large law firm in New York City.
To read Mr. Rodriguez’s attorney profile, click here.
Read MoreAttorneys for child abuse victim call for Court appointed Special Master to ensure records are protected
Attorneys for child abuse victim call for Court appointed Special Master to ensure records are protected.
New York’s new landmark child abuse act creates a long waiting period before victims can file.
This waiting period must not become an opportunity for new abuse.
Only a Court appointed neutral Special Master can protect the new rights granted to those who have waited decades for their day in Court.
Today, on behalf of our client, and at least one thousand young boys of first- and second-generation American families victimized and abused by Dr. Reginald Archibald of Rockefeller University Hospital, we have filed an action asking the Court to appoint a Special Master to ensure that the newly granted litigation rights of childhood sexual abuse victims are protected.
This neutral Special Master must direct that all records, photos, X-Rays, mail correspondence, and email, if any exists, be preserved. Further, the Special Master must also direct that the Hospital, its officers and employees, and its law firm cease contacting former patients of Dr. Archibald, and that any notes, transcriptions, letters, questionnaires or other materials gathered on behalf of the Hospital be preserved and made available to any patient who is preparing possible litigation under the new statute. In the case of the Victim we represent, these same orders should apply to Madison Square Boys Club, and any other organizations that may have been involved in the actions of Dr. Archibald.
John Corcoran, a retired NYPD Special Assignment Sergeant, was swept into Archibald’s abuse after a swim at Madison Boys Club. With a fake diagnosis, the prestige of Rockefeller University Hospital and the assistance of Madison Boys Club and others, the pre-adolescent Corcoran was exposed to Archibald’s sexual abuse, which Rockefeller University has admitted was “reprehensible.”
“The legislature may have had a very good reason for to delay the implementation of this law by 6 months after passage, but that time period must not become an opportunity to re-victimize our client,” said Barbara Hart of Lowey Dannenberg.
“We have seen how our client was contacted by the Hospital’s law firm and interviewed without informing him of the possibility that he could sue under the new law or that they were acting on behalf of the Hospital,” added William Harrington, of Bleakley Platt.
The new law grants victims, who were barred from pursuing their abusers by the statute of limitations, an opportunity to file legal cases for a period of one year. That year commences in August 2019, but no provision was made to preserve and protect possible evidence on the 6-month period before the law takes effect.
Today’s action seeks to remedy that for Mr. Corcoran and all other victims that may seek relief.
Read MoreRodriguez Article Five Trademark Issues Every Business Owner Needs To Know Published by Council of Industry
A recent edition of the Council of Industry’s Newsletter contains an article written by Bleakley Platt Counsel Adam Rodriguez. The article, entitled Five Trademark Issues Every Business Owner Needs To Know, addresses five things all business owners should know about their brands and intellectual property.
Some of the key topics in the article include:
- What is a Trademark?
- Trademark protection is not linked to your business name.
- Trademark registrations never expire.
- Trademarks are affordable.
- Ignoring Trademarks can be expensive.
At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez represented the County of Westchester in federal and state litigation and appeals. He has also served as a law clerk to two federal judges, and worked as an intellectual property litigator at a large law firm in New York City.
To read Mr. Rodriguez’s complete biography, click here.
Read MoreRodriguez Appointed by Chief Judge of S.D.N.Y. to U.S. Magistrate Judge Merit Selection Panel
On April 1, 2019, Mr. Rodriguez was appointed by Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York as a member of the U.S. Magistrate Judges Merit Selection Panel.
The appointment of a U.S. Magistrate Judge is an important process. The Merit Selection Panel is tasked with reviewing the selection, appointment, and reappointment of United States Magistrate Judges, in accordance with the Federal Magistrate Act of 1979.
In the case of the appointment of a new magistrate judge, the function of the Panel is to identify five members of the bar who are best qualified for appointment as magistrate judge. For a reappointment, the Panel appraises the performance of the incumbent magistrate judge and recommends to the court whether the judge should be reappointed to a new term.
Regulations require that scholarship, academic and professional achievement, civic engagement, legal experience, knowledge of the law and the federal courts, and the personal attributes of the candidates will be considered.
At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez represented the County of Westchester in federal and state litigation and appeals. He has also served as a law clerk to two federal judges, and worked as an intellectual property litigator at a large law firm in New York City.
To read Mr. Rodriguez’s complete biography, click here.
Read MoreWilliam P. Harrington to Serve as Chairman of Two Merged Organizations: Westchester County Association and Hudson Valley Economic Development Corporation
Bleakley Platt Chairman William P. Harrington, who currently serves as chairman of the Westchester County Association, will become chairman of a new regional organization created by the merger of the Westchester County Association and the Hudson Valley Economic Development Corporation.
News of the merger was reported on Westfair Online in an article titled “Going regional: Westchester County Association and HVEDC plan merger.”
A strategic partnership had been announced by the two organizations in October, which then led to discussions about a merger. Details of the merger are still in process, as is the name of the organization.
The combined organizations will have more power to advocate on behalf of businesses and build a stronger business climate throughout the region.
To read Mr. Harrington’s complete biography, click here.
Read MorePartner Jonathan A. Murphy Speaking on Interaction with the DEC for The Council of Industry – The Manufacturer’s Association of the Hudson Valley
Bleakley Platt partner Jonathan A. Murphy, co-chair of the firm’s Environmental practice and chair of its Construction practice, will speak on February 15 to the Environmental, Health and Safety (EHS) Network of The Council of Industry on topics of interest when dealing with the Department of Environmental Conservation (DEC).
Mr. Murphy’s program will provide an overview of New York administrative law principles, and will discuss DEC enforcement practices. His presentation will include:
- DEC Notices of Violation – The Process and What to Expect
- DEC Enforcement Process: Stipulations, Orders on Consent and Enforcement Hearings
- Peculiarities and Pitfalls in DEC Enforcement Policies and Expectations
Mr. Murphy handles environmental matters for both corporate and insurance clients, in litigated claims as well as direct administrative agency proceedings with federal, state, county and local environmental agencies. He counsels clients on environmental risks, enforcement implications and regulatory requirements in a variety of business and transactional settings. His substantive areas of practice include CERCLA/RCRA, TSCA, CWA, New York’s Navigation Law, and other environmental and regulatory enforcement exposures presented by federal, state and local environmental regulations.
Read Mr. Murphy’s complete biography here.
Learn more about The Council of Industry here.
Read MorePartner Jonathan A. Murphy Presents Continuing Education Program on Contractual and Environmental Issues for Engineers
Bleakley Platt partner Jonathan A. Murphy, co-chair of the firm’s Environmental practice and chair of its Construction practice, will present to engineers during a full day program titled “Engineering Law and Ethics,” a continuing education class for professional engineers.
Mr. Murphy will present on two topics, basic contract law for engineers and issues faced by engineers in the environmental arena.
The environmental segment will examine relevant and recurring practice issues encountered by engineers working on environmental issues in New York. Areas of discussion include requirements for licensed engineers certifying submissions to DEC, water quality compliance and enforcement update, stormwater permitting update and emerging issues concerning the New York City watershed. He will also explore ethical issues faced when representing clients who are facing regulatory enforcement.
The contract law primer segment will cover basic contract law principles, statutes of limitation in New York applicable to engineers, as well as conduct, acts and omissions that can constitute a breach of contract.
Mr. Murphy is an experienced and skilled advisor to clients on environmental and construction matters. In the construction arena, Mr. Murphy represents construction clients (owners, general contractors, subcontractors and design professionals) – both as claimants and respondents – in litigation, at trial, and in arbitrations on controversies ranging from construction defect claims to delay damages, wrongful termination and payment disputes. He also drafts and negotiates contracts for clients involved in private and government projects and provides legal guidance throughout a project’s life.
Read his complete biography here.
Read MorePartner Peter Bassano Represents Dominican Sisters of Hope on Creation of Mariandale Preservation Easement in Ossining
Bleakley Platt Partner Peter Bassano guided a recently-completed preservation effort for the Dominican Sisters of Hope that safeguards from development 34 acres of the Sisters’ 61-acre Mariandale property in Ossining, N.Y., through a conservation easement donated to the Westchester Land Trust.
The easement covers the undeveloped part of Mariandale and excludes the campus with the Sisters’ offices, chapel and the Mariandale Retreat and Conference Center, for which a renovation and redesign of buildings is planned. The Sisters will continue to own and manage the property.
“The goal of this easement is to protect this land in perpetuity, which is very important to the Sisters’ earthly mission,” said Mr. Bassano. “It took approximately three years for the Sisters’ vision of preservation to reach fruition,” Mr. Bassano noted.
“This land has been an oasis in the midst of development in Westchester County,” said Sister Lorelle Elcock, O.P., Prioress of the Dominican Sisters of Hope. “We have a responsibility to be in right relationship with Earth, not over it or owning it, but caring for it. We are protecting this land so that it will be a source of healing and refuge for both humans and wildlife.”
“We’re very appreciative of Peter’s work with us. He was very patient and really understood our values and what we were trying to achieve,” said Sister Lorelle, adding, “He’s worked with us on several things over the years. We’ve been very pleased with him.”
The protected property is adjacent to the Village of Ossining’s 30-acre Crawbuckie Nature Preserve. In addition to protecting significant ecological resources, the conservation easement means nearly one mile of Hudson River shoreline is now protected in perpetuity—honoring a priority in the 2016 New York State Open Space Conservation Plan.
“The conserved land consists of a variety of habitat types, including woodlands, meadow, wetlands, and a steep ravine through which flows a stream on its way to emptying into the Hudson River,” a press release on the easement said.
Lori Ensinger, president of the Land Trust, said in the release, “The preservation of this beautiful land holds special meaning for Westchester Land Trust. We have always known that this property is sacred to the Sisters, and we worked to ensure that they felt comfortable with their decision to preserve the property after they are gone. Every action they have taken demonstrates their clear stewardship ethic and a deep reverence for the land. This project has been one of the most inspirational we have ever been involved with.”
Peter Bassano is the Firm’s Managing Partner, a member of the firm’s Executive Committee and the head of the Real Estate and Commercial Finance Practice Groups. Mr. Bassano has more than 30 years’ experience in all aspects of commercial real estate.
More About The Dominican Sisters Of Hope
Read MoreFrances M. Pantaleo Addresses the NYS Bar Association Trusts and Estates Law Section
Partner Frances M. Pantaleo presented at the 2018 Fall Meeting of the Trusts and Estates Law Section of the New York State Bar Association on October 19. The two-day program focused on real property issues that frequently arise in elder law and estate planning practices.
Ms. Pantaleo’s presentation emphasized that a primary residence, however modest, is often a client’s most valuable asset and one that the client is generally motivated to protect and preserve for his or her heirs. She addressed income tax, capital gains tax, estate tax and Medicaid consequences of real property ownership and transfers, including transfers to irrevocable and revocable trusts, life estate deeds and outright transfers.
Ms. Pantaleo leads the Elder Law and Special Needs Practice Group at Bleakley Platt. She is a former Chair of the Elder Law and Special Needs Section of the New York State Bar Association and a member of the Trusts and Estates Section. Ms. Pantaleo is a member of the National Academy of Elder Law Attorneys (NAELA).
Ms. Pantaleo serves on the Board of Directors of Legal Services of the Hudson Valley and is a frequent presenter on Elder Law and Special Needs topics for consumers at the request of community and service organizations including AARP, UJA-Federation, Pace Women’s Justice Center, Alzheimer’s Association, Westchester Arc, Public/Private Partnership for Aging Services and Westchester County Department of Senior Programs and Services.
Read her complete biography here.
Read MorePartner Jim Glatthaar Speaking Again to Council of NYC Cooperatives & Condominium’s 38th Annual Housing Conference & Expo – November 11th
Bleakley Platt partner Jim Glatthaar has been asked to return to the Annual Housing Conference & Expo presented by the Council of New York City Cooperatives & Condominiums. Now in it’s 38th year, the conference is designed to offer help to coop and condo owners and board members, multi-family management companies and real estate agents improve their knowledge and skills in address legal, financial and HR issues, managing buildings and planning for the present and the future.
Mr. Glatthaar’s presentation, “When Dissidents Are Elected To The Board,” addresses what happens when board members who have their own agendas are elected to a board of directors, how boards can work productively with “rogue” board members, and how to effectively minimize the chances of a dissident being elected in the first place.
A member of the Litigation, Co-Operative and Condominium, Construction and Real Estate Practice Groups at Bleakley Platt, Mr. Glatthaar concentrates his practice in the areas of zoning and land use law and litigation, cooperative and condominium law, construction law and real estate litigation. He has represented landlords, tenants, developers, non-profit institutions, sellers, purchasers, realtors, cooperatives and condominiums in building, zoning, housing and disability-based discrimination claims, landlord-tenant and construction defect claims both in courts and before state and federal administrative agencies. He has also represented property owners and purchasers in complex real estate and financing transactions.
Learn more about the Council of NYC Cooperatives & Condominium and the conference.
Learn more about Jim Glatthaar.
Read MoreBleakley Platt Attorneys Named To New York Metro Super Lawyers 2018 and New York Metro Rising Stars 2018 Lists
Ten Bleakley Platt attorneys have been selected to the New York Metro Super Lawyers list as top New York Metro area lawyers for 2018, and one Counsel and three associates were named New York Metro Rising Stars.
Each year, no more than five percent of the lawyers in the New York metro area are selected by the research team at Super Lawyers to receive this honor.
The attorneys receiving this honor are:
Bleakley Platt Counsel Adam Rodriguez and associates Elizabeth C. Briand, Daniel P. Buckley and Justin M. Gardner were named to the 2018 New York Metro “Rising Star” List by Super Lawyers, an honor received by no more than 2.5 percent of lawyers in the state.
Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
Read MoreTHREE BLEAKLEY PLATT PARTNERS RECOGNIZED BY THE BEST LAWYERS IN AMERICA© 2019
Bleakley Platt is pleased to announce that three partners at the firm have been selected by their peers for inclusion in The Best Lawyers in America 2019:
- Joseph DeGiuseppe in the field of Labor and Employment Law
- Frances Pantaleo for Elder Law, for the fifth consecutive year
- Nancy Rudolph in the practice area of Trusts and Estates (Litigation)
Joseph DeGiuseppe leads the Labor and Employment and Immigration Practice Groups. He has over 35 years experience in representing and advising Fortune 500 companies and other corporate clients in labor, employment and immigration law, including 14 years of experience at Skadden and more than six years of experience at Jackson Lewis.
Mr. DeGiuseppe advises clients on all aspects of labor and employment law, including employment terminations and discipline, reductions-in-force, personnel policies and practices, employee benefit cases and collective bargaining negotiations. He has acted as lead counsel on significant employment discrimination law cases, wage and hour cases and collective actions, non-competition cases and arbitration proceedings.
He is rated an AV® Preeminent (5.0 out of 5) from Martindale-Hubbell and has been included in New York Metro Super Lawyers lists since 2013.
Frances M. Pantaleo is the head of the Elder Law Practice Group. She handles a broad range of matters with a particular emphasis on elder law, special needs planning, guardianship proceedings under Article 81 of the Mental Hygiene Law and Article 17A of the Surrogate’s Court Procedure Act, drafting and administration of special needs trusts, estate planning, drafting of wills and trusts, and estate administration.
Ms. Pantaleo is the former Chair of the Elder Law and Special Needs Section of the New York State Bar Association and a member of the Trusts and Estates Section. She is a member of the National Academy of Elder Law Attorneys (NAELA) and is a member and has served as past-chair of the Elder Law Committees of the Westchester Women’s Bar Association and the Westchester County Bar Association. She is co-author of a chapter on elder law in General Practice in New York, published by the West Publishing Company.
She is rated an AV® Preeminent (5.0 out of 5) from Martindale-Hubbell and has been included in New York Metro Super Lawyers lists since 2010.
Nancy J. Rudolph is a member of our Trusts and Estates and Real Estate Practice Groups. She has served in the public sector as an Assistant Attorney General in the New York State Office of the Special Prosecutor, handling white collar civil litigation related to Medicaid Fraud.
Ms. Rudolph concentrates her practice in the area of trusts and estates, estate administration, estate tax, and guardianship in the Surrogate’s Court, the Supreme Court, and before the United States Tax Court. Ms. Rudolph represents beneficiaries and fiduciaries, both individual and corporate, in judicial proceedings involving probate, administration, lost wills, construction, kinship, removal of fiduciaries, contested accountings, uncontested accountings, and in real estate transactions. Ms. Rudolph also represents individuals and corporate fiduciaries as trustees of supplemental or special needs trusts.
Ms. Rudolph has been included in the New York Metro Super Lawyers lists since 2013.
Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. 83,000 industry leading attorneys are eligible to vote (from around the world) and has received over 10 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2019 Edition of The Best Lawyers in America©, 7.8 million votes were analyzed, which resulted in more than 60,000 leading lawyers being included in the new edition. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
Read MoreAdam Rodriguez Featured in Fordham Lawyer
An alumnus of Fordham Law School, Adam Rodriguez was one of four alumni on the cover of the Spring 2018 issue of Fordham Lawyer. The article, “Courtside,” focuses on the clerkship program at Fordham Law that has “turned out a bevy of superstars.”
Mr. Rodriguez discusses his clerkships with the Hon. Ramon E. Reyes Jr., a magistrate judge with the U.S. District Court for the Eastern District of New York, and the Hon. Dora L. Irizarry, Chief Judge of the Eastern District.
“Clerking set the stage for the rest of my career,” Rodriguez says. Observing judges in court and speaking to them afterward proved “invaluable” … because it taught him what tools he needs—now that he’s on the other side of the bench—to provide to a judge that will help him receive a favorable ruling, as well as the importance of professionalism and practicality among attorneys.
Mr. Rodriguez focuses his practice in the areas of real estate, litigation and intellectual property. Previously, he was the Director of Real Estate for Westchester County, where he negotiated complex commercial real estate transactions, including leases for office space throughout the County and multi-million dollar hangar leases at the Westchester County Airport. Before that, he was an Associate County Attorney working on a number of high-profile cases, including the County’s affordable housing settlement agreement with the U.S. Department of Housing and Urban Development.
Read MoreBleakley Platt Featured In Special Section in Fortune, Bloomberg Business Week and Money Magazines
A profile of Bleakley Platt detailing the firm’s culture of excellence, history and commitment to the community appears in the June issues of Fortune, Bloomberg Business Week and Money magazines.
With six former members of the firm having served in the State Appellate Division or Supreme Court, Bleakley Platt is the only law firm in New York that can include two federal judges who simultaneously served as chief judges of the Southern and Eastern Districts of New York among its alumni.
The firm’s close proximity to the state and federal courthouses gives Bleakley Platt attorneys ready access to the local courthouses and a familiarity with jurists, further distinguishing the firm from its competitors.
Click here to read the article.
Read MoreFrances M. Pantaleo Speaks at Alzheimer’s Association’s Conference on Dementia
Bleakley Platt partner Frances M. Pantaleo spoke at the Alzheimer’s Association’s Fourth Annual Hudson Valley Regional Dementia Conference, “Meeting of the Minds,” on May 17th.
Her presentation, “After the diagnosis: Essential Legal Documents for Persons with Dementia” was well attended, with many questions from the audience about the important legal documents, such as powers of attorney, health care proxies, living wills, and medical records release forms, which facilitate financial and health care decision making for individuals with dementia. The presentation also focused on the importance of reviewing estate planning documents, asset titles and beneficiary designations when there is a diagnosis of a potentially life limiting medical condition.
Ms. Pantaleo leads the Elder Law and Special Needs Practice Group at Bleakley Platt. She is a former member of the Board of Directors of the Hudson Valley/Rockland/Westchester Chapter of the Alzheimer’s Association and makes many presentations on Elder Law and Special Needs topics for consumers at the request of community and service organizations including AARP, UJA- Federation, the Pace Women’s Justice Center, Westchester Arc, the Public/Private Partnership for Aging Services and the Westchester County Department of Senior Programs and Services.
A former Chair of the Elder Law and Special Needs Section of the New York State Bar Association and a member of the Trusts and Estates Section, Ms. Pantaleo is a member of the National Academy of Elder Law Attorneys (NAELA). She is a member and has served as past-chair of the Elder Law Committees of the Westchester Women’s Bar Association and the Westchester County Bar Association. She is co-author of a chapter on elder law in General Practice in New York, published by the West Publishing Company and a frequent lecturer at Continuing Legal Education programs which provide training to attorneys regarding elder law and special needs planning.
Bleakley Platt was pleased to be a premium exhibitor at the event.
Read MoreAdam Rodriguez Selected for Business Council of Westchester’s 2018 Rising Stars
Bleakley Platt & Schmidt, LLP is pleased to announce that Adam Rodriguez has been named by the Business Council of Westchester as one of its 2018 Rising Stars – 40 Under 40 honorees. Selected for their professional accomplishments, affiliations and leadership skills, Mr. Rodriguez and 39 other honorees will be celebrated at a reception held on June 21, 5:00 – 8:00 PM at The Atrium, 800 Westchester Avenue in Rye Brook.
Mr. Rodriguez focuses his practice in the areas of real estate, litigation and intellectual property. Prior to joining the firm, Mr. Rodriguez was the Director of Real Estate for Westchester County, where he negotiated complex commercial real estate transactions, including leases for office space throughout the County and multi-million dollar hangar leases at the Westchester County Airport. Prior, he was an Associate County Attorney working on a number of high-profile cases, including the County’s affordable housing settlement agreement with the U.S. Department of Housing and Urban Development. Before joining the County Attorney’s Office, Mr. Rodriguez clerked for Chief U.S. District Court Judge Dora L. Irizarry and U.S. Magistrate Judge Ramon E. Reyes, Jr., both of the Eastern District of New York.
Read MoreZachary Cohen Speaks at New York Medical College Program
Zachary Cohen, a member of the firm’s Health Care, Corporate and Intellectual Property Practice Groups, gave a presentation to more than one hundred fourth-year medical students at New York Medical College’s School of Medicine “Transition to Residency” program. The medical students, who will graduate later this year, are required to take a one-week course to facilitate their transition from medical school into specialized residency programs. In addition to specialty tracts focusing on procedural skills and case-based problem solving sessions, they also attend sessions that will enhance their professional development. Mr. Cohen was invited to prepare a presentation on Healthcare Law Fundamentals.
The presentation was a one-hour legal primer, reviewing such topics as the Federal Anti-Kickback Statute, Stark Law, Health Care Fraud, Billing, Coding and Documentation, OIG Exclusion authority and State Fraud and Abuse Laws. Mr. Cohen also delved into key employment agreement provisions that young doctors commonly encounter, including indemnification, terminations, restrictive covenants and professional liability insurance issues.
Zachary Cohen has been practicing law since 2007 and specializes in healthcare and corporate law. He has experience representing hospital systems, hospitals, nursing homes, medical practices, physicians, management companies and other health care clients. He advises these clients on a host of business, regulatory and transactional matters, including mergers and acquisitions, corporate formation, contract negotiations and corporate governance.
Read MoreElizabeth Briand Speaks on Medicaid Home Care CLE for NYSBA
Elizabeth Briand, an associate with the Elder Law practice group, gave a presentation for the New York State Bar Association on April 16 in New York City. Her presentation, on financial eligibility for Medicaid Home Care, was part of a 4.5 MCLE credit program titled “Home Care in New York State: Private Hiring of Aides, Managed Long Term Care Plan Options and Immediate Need for Medicaid.” The day-long CLE program was attended by 55 attorneys, including Elder Law attorneys and other attorneys.
Ms. Briand’s presentation covered topics including financial eligibility, spousal issues, the application process and the use of pooled income trusts to shelter income for Medicaid home care recipients.
Elizabeth Briand speaks frequently before consumer and professional groups on Elder Law topics. She represents clients in all matters relating to Elder Law, Estate Planning and Estate Administration, Medicare and Medicaid benefits, guardianship proceedings under Article 81 of the Mental Hygiene Law and Article 17A of the Surrogate’s Court Procedure Act and drafting and administration of Special Needs Trusts (SNTs).
Read MoreSix Bleakley Platt Women Attorneys Named to New York Metro 2017 Super Lawyers/The Top Women List
Six Bleakley Platt attorneys have been included on the New York Metro 2017 Super Lawyers/The Top Women list. The attorneys receiving this honor are Partners Susan E. Galvao, Mary Ellen Manley, Frances M. Pantaleo and Nancy J. Rudolph, and Mary Anne Wirth, Of Counsel and Elizabeth C. Briand, Associate, in the Rising Star category. The attorneys were named in a special supplement published by Thomson Reuters’ Super Lawyers and distributed throughout the New York metro area.
Susan E. Galvão, Partner, is a member of the Firm’s Executive Committee, co-chair of the Appellate practice group and a member of the Litigation practice group. Ms. Galvão has represented a variety of corporations, banks, insurance companies and individuals in litigation before federal and state trial and appellate courts. She has extensive experience in appellate practice, Surrogate’s Court practice, and trust and estate litigation, including kinship matters. She is also experienced with complex commercial litigation, including contract disputes, employment litigation, insurance coverage issues and class action defense. She has argued appeals in the state and federal courts on a broad spectrum of issues.
Mary Ellen Manley, Partner, leads the Firm’s Trusts and Estates practice group. Ms. Manley concentrates in the area of Surrogate’s Court practice. She has substantial trust and estate litigation experience, representing fiduciaries and beneficiaries in adversarial proceedings, including will contests, accountings, removal of fiduciaries, will construction or reformation proceedings, fee litigation, determination of right of election, kinship hearings, and validity of creditors’ claims. Ms. Manley is also experienced in all aspects of trust and estate administration.
Frances M. Pantaleo, Partner, is the head of the firm’s Elder Law practice group. Ms. Pantaleo handles a broad range of matters with a particular emphasis on Elder Law, special needs planning, guardianship proceedings under Article 81 of the Mental Hygiene Law and Article 17A of the Surrogate’s Court Procedure Act, drafting and administration of special needs trusts, estate planning, drafting of wills and trusts, and estate administration.
Nancy J. Rudolph, Partner, concentrates in the area of trusts and estates, estate administration, estate tax, guardianship, Surrogate’s Court practice and estate litigation. Ms. Rudolph litigates in Surrogate’s Court, Supreme Court and the United States Federal District Courts, representing heirs, beneficiaries and fiduciaries, both individual and corporate, in judicial proceedings involving probate, contested probate, administration, lost wills, construction, kinship, removal of fiduciaries, contested accountings, uncontested accountings, turn over, spousal right of election, and in real estate transactions. Ms. Rudolph also represents individuals and corporate fiduciaries as trustees of inter vivos trusts as well as supplemental or special needs trusts.
Mary Anne Wirth,Of Counsel, is the head of the Criminal Defense and Investigations Practice Group and concentrates in white collar criminal defense work and general civil litigation. She is also a member of the Litigation and Appellate Practice Groups. Ms. Wirth served as Associate Independent Counsel in the Office of the Independent Counsel Kenneth W. Starr, in Washington D.C. from 1997 to 1998. She was an Assistant United States Attorney in the Southern District of New York from 1983 to 1988, assigned to the Civil Division. She was also an Assistant District Attorney in the New York County District Attorney’s Office from 1988 to 1996. She has served as District Counsel for the New York District of the Immigration and Naturalization Service of the United States Department of Justice. Ms. Wirth has been an Adjunct Professor of Law at Fordham Law School in the Legal Writing Program since 1987.
Elizabeth Briand, Associate, is with the Elder Law and Trusts and Estates practice groups and handles all matters relating to Elder Law, estate planning and estate administration, Medicare and Medicaid benefits, guardianship proceedings under Article 81 of the Mental Hygiene Law and Article 17A of the Surrogate’s Court Procedure Act, drafting and administration of special needs trusts. Ms. Briand is Chair of the Sponsorship Committee of the New York State Bar Association Elder Law and Special Needs Section, and served as Program Co-Chair of the 2016 Annual Meeting. Ms. Briand is also a member of the National Academy of Elder Law Attorneys (NAELA) and a member of the Westchester Women’s Bar Association.
Read MorePartner Nancy J. Rudolph Honored by Westchester Visiting Nurse Services Group, Inc.
Nancy J. Rudolph, a Bleakley Platt partner in the Trusts and Estates practice group with an emphasis on Surrogate’s Court practice and estate litigation, will be presented with the Distinguished Service Award on May 16 by the Westchester Visiting Nurse Services Group, Inc. at its Annual Spring Benefit Gala.
The award is being presented in recognition of Ms. Rudolph’s six years of outstanding service as a valued Member and Treasurer of the Westchester Visiting Nurse Services Group, Inc.’s Board of Trustees.
In a letter to Ms. Rudolph, Joyce Infante, VNS Westchester, explained “During this era of dramatic changes in regulatory policies for agencies such as ours, your expertise and stewardship have helped VNSW to maintain our fiscal stability, enabling us to sustain and expand essential home healthcare services for the communities we serve. We are extremely grateful for your service and dedication.”
The VNSW Foundation, Inc. is a not-for-profit organization created to solely support the programs and services of VNS Westchester for residents of Westchester, the Bronx, Dutchess, Putnam and Rockland counties.
The gala takes place on Wednesday, May 16, 5:30 – 8:30 pm at the Willow Ridge Country Club, Harrison, NY and Ms. Rudolph’s fellow honorees are Vital Care Services, Community Leadership Award and Carolyn Rogers, RN, Outstanding Achievement in Nursing Award. For information on the gala, visit VNSW Foundation, Inc.
Read MoreBleakley Platt Welcomes Atty K. Bruggemann as Counsel to the Firm
Bleakley Platt is pleased to announce that Atty K. Bruggemann has become Of Counsel to the firm. Ms. Bruggemann is experienced in complex matrimonial cases involving high net worth individuals, professional athletes and celebrities. She is also experienced in child custody and support matters and in the drafting and negotiation of prenuptial, postnuptial, separation and settlement agreements.
Ms. Bruggemann’s entire legal career has been dedicated to the practice of Matrimonial and Family Law. She has been recognized by Top Women Attorneys in New York, as well as Super Lawyers Rising Stars (2014 – 2017) and has published articles in The New York Law Journal and New York Family Law Monthly.
Ms. Bruggemann received her J.D. from New York Law School (cum laude, 2009) and her B.A. from Emerson College (cum laude, 2001). She is admitted to practice in New York.
Read MoreBleakley Platt Executive Committee Chairman William P. Harrington Leads Schools and County Center to a Win
Relying as much on his diplomatic skills as his legal talents, Executive Committee Chairman William P. Harrington has resolved an ugly battle between numerous local girls and boys basketball coaches’ associations and Section 1, leading to an agreement that has returned high school basketball semi-finals and finals to the iconic Westchester County Center.
In Fall 2017, Section 1 leaders decided to remove championship basketball games from the Westchester County Center. The boy’s basketball games had been held in the arena since 1933, the girl’s games since 1999, and semi-finals and finals have been held there every year since, with the exception of 2005.
The coaches’ complaint accused Section 1 of hijacking the student-athlete’s dreams of playing in the County Center solely with profits in mind.
Represented by Bleakley Platt Executive Committee Chairman William P. Harrington, the coaches filed a lawsuit alleging that the decision to remove the games was illegal and should be nullified. The coaches believed there was a deliberate breakdown in the decision-making process that violated Section 1’s constitution, which mandates that the Athletic Council must give final approval for tournament and sponsor selections. The Athletic Council was not involved in making the decision to move the games.
A deal was brokered between the schools and the office of County Executive George Latimer. Athletic directors Henry Sassone (North Salem) and Roman Catalino (Somers) Chris Drosopoulos (Briarcliff) and Artie McCormack (Irvington) were key players in the deal.
The lawsuit will be dropped and the focus of the coaches and Section 1 can now return where it belongs: on the student-athletes and basketball.
Read MoreBleakley Platt Counsel Raymond M. Planell and Partner Matthew G. Parisi Article on Burial and Cemetery Issues Published in NYSBA’s Trust & Estate Section Newsletter
The Winter 2017 edition of the New York State Bar Association’s Trusts and Estates Law Section Newsletter contains an article written by Bleakley Platt Counsel Raymond M. Planell and Partner Matthew G. Parisi, “First Things First: Addressing Burial and Cemetery Issues.” The article addresses the laws, regulations and rulings regarding cemetery matters that often face trusts and estates attorneys. Mr. Planell and Mr. Parisi encourage trusts and estates attorneys to consider burial issues as part of their client’s estate planning.
Some of the key topics in the article include:
Control of the Disposition of the Decedent’s Remains
Control of the Memorial
Burial Rights and Control of the Place of Burial
Disinterment
Transfer of Burial Lots
Tax Impact of Payments to Cemeteries
Raymond M. Planell is a former member of the Firm’s Executive Committee, and former head of the Trusts & Estates Practice Group. His practice includes trust, estate, and tax matters and issues related to the organization and governance of charitable entities and not-for-profit corporations, particularly cemetery corporations.
Matthew G. Parisi is a member of the Firm’s Executive Committee, and is the co-chair of the Cemetery Law Practice Group and chair of the Environmental Practice Group. His practice includes the representation of area municipalities, corporations and individuals in a wide variety of environmental and zoning disputes.
Bleakley Platt has represented cemeteries throughout New York State for over 75 years. The Firm’s cost-efficient representation and knowledgeable attorneys make the firm a valued partner to its cemetery clients. Click here to learn more about the firm’s cemetery law practice.
Read More