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BPS Client Yonkers Raceway Prevails on Novel NLRB “Equitable Tolling” Issue

BPS client Yonkers Raceway prevailed before Region 2 of the NLRB on the novel issue of whether the Board should apply the doctrine of “equitable tolling” to an otherwise untimely filed representation petition under the Board’s “contract bar” rule that had previously been timely filed by LEEBA with the N.Y.S. Employment Relations Board (“SERB”) in June 2009. The issue arose after SERB decided to conduct a hearing in August 2009 concerning its continued jurisdiction over Yonkers Raceway’s newly expanded “racino” operations (i.e., combined casino and harness racing operations) based on 1997 NLRB precedent asserting jurisdiction over harness racing tracks that had been expanded to include casinos. After the hearing on the jurisdictional issue, SERB in October 2009 certified the issue for an advisory opinion from the NLRB in Washington, D.C. Yonkers Raceway and the incumbent union finalized a new three-year CBA in December 2009 through “good faith” bargaining after their prior agreement had expired on August 31, 2009.

After the NLRB rendered a May 2010 advisory opinion, 355 N.L.R.B. No. 35, that it would exercise jurisdiction over Yonkers Raceway’s new “racino” operations (which had been expanded to include a N.Y.S. Lottery “casino” in October 2006), LEEBA filed a representation petition with the NLRB in July 2010. At a jurisdictional hearing held before Region 2 of the NLRB in July 2010, BPS partner Joe DeGiuseppe successfully argued that the NLRB should not apply the doctrine of “equitable tolling” to LEEBA’s newly filed petition in that LEEBA’s “inexcusable ignorance” of the above-stated 1997 Board precedent on exercising jurisdiction over “racinos,” together with its knowledge gained from the August 2009 SERB hearing that Region 2 had previously exercised jurisdiction over Yonkers Raceway based on this 1997 precedent, did not warrant the application of this equitable doctrine. Region 2 therefore dismissed LEEBA’s representation petition under the NLRB’s “contract bar” doctrine based on the CBA finalized in December 2009 between Yonkers Raceway and the incumbent union.

Bleakley Platt Succeeds on Summary Judgment Motion on Duty to Defend Claim

John Diaconis and John Murphy of Bleakley Platt and Schmidt have been successful in obtaining a grant of partial summary judgment on the duty to defend under a Director’s and Officer’s Liability policy issued to the Town of Yorktown. The grant of partial summary judgment was issued by Hon. Richard Liebowitz, Supreme Court Justice in Westchester County in Town of Yorktown, et al., v. Landmark American Insurance Company, pending in Westchester Supreme Court. The Court rejected Landmark’s contention that coverage was barred by the regulatory takings exclusion contained in the Policy. The Court directed Landmark to defend the Town, and its individual Board Members, with respect to the Old St. George Winery action which is currently pending in Federal Court.

Electronic Voting: A New Type of Corporate Governance

Jim Glatthaar of Bleakley Platt & Schmidt presided over what may be the first meeting of its kind in New York: an annual shareholder’s meeting for a residential cooperative where the Board of Directors was elected by on-line voting. BPS has represented the Surrey Strathmore, a White Plains cooperative corporation, for over 13 years. Surrey Strathmore has not elected directors since 2006 since a quorum of shareholders, more than 50%, has not been present.

When struggling with ways to increase shareholder participation, one of the directors, Allison Keilman, devised the idea of on-line voting at the annual meeting. She presented her idea to Jim Glatthaar, who researched the relevant statutes and determined that electronic voting was consistent with the New York State Business Corporation law.

Together, Allison and Jim created a process which gave all candidates for the Board of Directors time to announce their candidacy, upload biographies and photos of themselves on line, and allow voting starting one week prior to the annual meeting. In addition, the on-line voting period was extended to 12:00 noon the day after the annual meeting. This process allowed any shareholder who attended the meeting to speak with the candidates and cast their ballots after meeting the various candidates.

On-line voting was a tremendous success. Seventy (70%) percent of the shareholders participated, either live or on-line, meaning that the Surrey Strathmore achieved a quorum and elected directors for the first time in years. Moreover, those shareholders who wish to participate, but were busy or turned off by the annoying personalities who sometimes dominate residential cooperative annual meetings, could read the candidate biographies, speak with the candidates and cast their votes from their desktop or laptop computer in their home or office. Finally, the meeting was efficient and was concluded within 25 minutes.

Habitat Magazine, a magazine geared toward cooperatives and condominiums, attended the meeting and will be reporting on electronic voting in a future issue.

Bleakley Platt Partner, John Diaconis, to Speak at ARIAS U.S. Conference

John S. Diaconis, a member of the Firm’s Insurance Practice Group, will speak at the AIDA Reinsurance & Insurance Arbitration Society (“ARIAS U.S.”) Spring Conference in Coronado, California on Friday, May 7, 2010. The Conference is entitled “Arbitration is A-Changin’: Learn About New Reforms or Be Left Behind,” and it will emphasize change and industry reforms to improve insurance and reinsurance arbitration. John will speak on “Mediation’s Role in Reform.”

ARIAS U.S.is a not-for-profit corporation that promotes improvements in the insurance and reinsurance arbitration process for both the domestic and international markets.

Bleakley Platt to Sponsor Yonkers Chamber of Commerce Networking Breakfast

Bleakley Platt is once again proud to sponsor The Yonkers Chamber of Commerce Networking Breakfast which will be held this year on Tuesday, February 23rd. This year’s event will feature keynote speaker Joseph Apicella, Executive Project Manager, Streuver Fidelco Cappelli LLC (SFC), who will discuss the $1.5 billion revitalization plan for the downtown area of the City of Yonkers, New York, which will be the largest development plan ever undertaken in Westchester County. The Yonkers downtown redevelopment plan currently envisions the construction of 1,436 housing units, a 6,500-seat baseball stadium, a 150-room hotel, a new municipal justice center, new headquarters for the Fire Department, a 150,000-square-foot office building and the “daylighting” of the Nepperhan River with a river walk, among other elements.

The Networking Breakfast will be held at The Royal Regency Hotel located at 165 Tuckahoe Road in Yonkers, New York, starting at 7:30 a.m. Reservations for this event can be made by contacting The Yonkers Chamber of Commerce at (914) 963-0332.

Bleakley Platt Partner, Joe DeGiuseppe, to Speak at SES Employment Law Seminar

Joe DeGiuseppe, the head of the Firm’s Immigration Law and Employment Law Practice Groups, will speak on February 23, 2010, at a CLE accredited seminar being sponsored by Sterling Education Services, Inc. (SES) on the “Fundamentals of Employment Law in New York.” Joe will give presentations on the topics of “Immigration Compliance Issues for Employers” and “Basic Labor Law.”

The SES seminar will be held at the Crowne Plaza Hotel Downtown in White Plains, New York, from 8:30 am to 5:00 p.m. Reservations for this seminar can be made by contacting SES at (715) 855-0498.

In Memoriam: William F. Harrington (1931-2010)

On January 23, 2010, our friend, colleague and Chairman, William F. Harrington, affectionately known as “BJ,” passed away at the age of 78. Born on December 3, 1931 in Yonkers, New York to William Patrick and Jane Harrington, he attended St. Joseph’s Grammar School and Gorton High School in Yonkers. He received a degree in accounting from Manhattan College in 1953 and his law degree from Fordham University School of Law in 1959. He joined the Firm in 1959 where he practiced law for 51 years and served as our Chairman and Managing Partner for 35 years. He was an accomplished attorney in trust and estate litigation and oversaw the growth of Bleakley Platt into one of the premier law firms in the region. He served as Legislative Council to Lt. Governor Malcolm Wilson between 1964 and 1973 and Town Attorney for the Town of Pound Ridge from 1980 to 1985 and Town Justice between 1985 and 1991.

A devout and dedicated Roman Catholic, BJ served his church and the Archdiocese of New York throughout his life. He was a Trustee of St. Joseph’s Seminary and St. Patrick’s Cathedral, a member of the Cardinal’s Committee of the Laity and the Archdiocese’s Inner City Scholarship Fund. He served as the Chairman of St. Agnes Hospital in White Plains, New York and as Vice Chairman of St. Joseph’s Medical Center’s Health Fund in Yonkers, New York. He was a proud member of the Friendly Sons of St. Patrick of Westchester County, serving as the Chairman of the Society’s Board of Stewards for over 25 years.

Mr. Harrington also served on the Board of Directors of his beloved Fordham Law School, where he was instrumental in the creation of the Cardinal John O’Connor Chair for Theological Studies. He also served as a founding member of the Boards of Directors of Pace Law School and The Ave Maria School of Law. He also served as a member of the Board of Directors of Sacred Heart High School, Iona Prepatory School and the School of The Holy Child. At the time of his death, BJ was the moving force behind the construction of the new Elizabeth Seton Pediatric Hospital in Yonkers, serving as the Hospitals Capital Campaign Chairman.

BJ was a Knight of Malta, Knight of the Order of St. Gregory the Great and humbly accepted various awards throughout his life including the St. Thomas Moore Award, The Fordham Law School Medal of Achievement, the Charles Carroll Award from the Catholic Guild of Lawyers, the Cardinal’s Committee of Laity Award, the Pro Eccelesia Et Pontifice Medal and the Humanitarian Award for Life. In addition BJ proudly served as Grand Marshall for the Yonkers St. Patrick’s Day Parade.

BJ is survived by his loving wife of 55 years, Audrey (Kazimir), his sons William (Carolyn) Harrington of Pound Ridge, New York; Brian (Elizabeth) Harrington of Pound Ridge, New York, Peter (Danielle) Harrington of Waccabuc, New York and daughters Mary Pat McCarthy and Mary Beth Harrington of Pound Ridge, New York and nine grandchildren Caitlyn, Meagan, Emily, Luke, William Finian, Caroline, Hanna, P.J. and Jill. He is also survived by his two loving sisters Mary Harrington and Jane Devlin.

Bleakley Platt Welcomes New Member to the Firm

Bleakley Platt is pleased to announce that Jonathan A. Murphy has become a member of the Firm. Jonathan is a graduate of Brooklyn Law School and is admitted to practice in New York. His practice areas include Environmental Law; Environmental Litigation and Regulatory Law; Toxic Torts; Property Loss; Construction Defects; Business Loss Litigation; Administrative Law; and Defense Litigation. Jonathan was a member of the firm of Lester Schwab Katz & Dwyer in New York City where he headed the environmental group as well as the construction defect and property loss practice. He resides with his family in Wilton, Connecticut.

Bleakley Platt Partners Appointed to Government Transition Teams

Bleakley Platt is pleased to announce that William P. Harrington has been appointed to the transition team of the incoming Westchester County Executive Rob Astorino. Mr. Astorino will be sworn in as County Executive on January 1, 2010, succeeding Andrew J. Spano who has served as Westchester County Executive since 1998.

The Firm is also pleased to announce that James W. Glatthaar has been appointed to the transition team of White Plains Mayor-elect Adam Bradley. Mr. Bradley, who was born and raised in White Plains, has served as an Assemblyman since 2003. He will be sworn in as Mayor on January 1, 2010 to replace Joseph M. Delfino, who retires from office on December 31, 2009.

The Firm proudly congratulates Bill and Jim on their respective appointments.

Bleakley Platt Sponsors 2009 Annual Event For Orange County Partnership

Bleakley Platt is pleased to have been one of the sponsors for the 23rd Annual Event of the Orange County Partnership (OCP) held on December 1, 2009 in New Windsor, New York. The OCP is a non-profit organization which is committed to the economic growth and development of Orange County. This year’s Annual Event featured Keynote Speaker Ric Edelman, the nationally syndicated radio host, best selling author and #1 rated Independent Financial Advisor. The firm congratulates the members and staff of the OCP on their dedication and tireless efforts to achieve for Orange County the highest level of excellence in economic development in New York State.

Bleakley Platt Recognized as 2009 “Go-To Law Firm”

Bleakley Platt is pleased to announce that it has been named a “Go-To Law Firm” for 2009 by The Guardian Life Insurance Company of America. In light of this recognition, the Firm will be featured in the Sixth Annual edition of In-House Law Departments at the Top 500 Companies, a legal reference guide distributed to over 20,000 General Counsel across the United States and Canada, including CEOs and General Counsels at the Fortune 1000 companies. The Firm greatly appreciates this recognition by one of our longstanding corporate clients.

Bleakley Platt Prevails in Case of First Impression on HEAL Grant Funding

On June 30, 2009, Bleakley Platt obtained a decision by the Appellate Division, Second Department, denying plaintiffs’ motion for preliminary injunctive (PI) relief and dismissing the complaint against our Firm’s client, Orange Regional Medical Center (ORMC) with respect to the issue of whether ORMC was required to pay prevailing wage rates for all electrical contracting work being performed on ORMC’s ongoing $306 million construction project. The project will replace ORMC’s two current hospitals with a brand new, state of the art medical facility in Wallkill, New York – the first new freestanding hospital to be built in New York State in more than 20 years.

The case raises an issue of first impression concerning whether ORMC’s receipt of a $24.6 million grant from the N.Y.S. Department of Health pursuant to the Healthcare Efficiency and Affordability Law for New Yorkers (“HEAL NY”) had the effect of requiring the entire $306 million of construction work on the new hospital to be performed at prevailing wage rates or whether only the construction work funded by the HEAL Grant had to be performed at prevailing wage. Reversing the lower court, the Second Department ruled in favor of ORMC’s position that only the work funded by the HEAL Grant needs to be performed at prevailing wage rates.

The June 30 decision allows ORMC to proceed with the new medical facility construction project. BPS Partners, William M. Murphy and William P. Harrington, represented ORMC in the case with the assistance of Susan Galvao and Robert Meade. Bill Murphy successfully argued the appeal.

Bleakley Platt Sponsors Harness Racing Museum and HOF Induction Dinner

Bleakley Platt is pleased to have sponsored the 2009 Harness Racing Museum and Hall of Fame Induction Ceremonies and Dinner on July 5, 2009 in Goshen, New York. Among this year’s HOF inductees was Timothy J. Rooney, President of Yonkers Racing Corporation. For more than 35 years, Tim has greatly influenced the Standardbred sport as President of one of Harness Racing’s most successful tracks, Yonkers Raceway, as well as being a prominent owner and horse breeder. The Firm warmly congratulates our long-time friend and client Tim Rooney on his well-deserved election to the Harness Racing Hall of Fame.

Bleakley Platt Announces Formation of Interest Recovery Practice Group

Bleakley Platt is pleased to announce the formation of its Interest Recovery Practice Group, effective July 1, 2009. The Interest Recovery Practice will help the Firm’s corporate clients address the problem of complex and difficult to identify IRS interest computation errors and omissions on taxes and refunds or credits. These errors regularly cost individual corporations millions of dollars, which often, due to the difficulty of identifying the potential recoveries, remain unclaimed.

The Firm is also pleased to announce that Joe Incorvaia and Tim Joyce have become Members of the Firm effective July 1, 2009, and will co-head the Interest Recovery Practice Group. With experience in complex corporate tax controversies and IRS interest computations dating back to 1979, Joe and Tim have a solid understanding of the specialized technologies in the field, fluency in the complex tax transcript data that IRS interest specialists use and an up-to-date knowledge of the rules, practices and procedures that underlie IRS interest computations. BPS congratulates and welcomes them as Members of the Firm!

Bleakley Platt Proudly Supports Orange Regional Medical Center Golf Classic

Bleakley Platt is proud to have been one of the primary sponsors for the 18th Annual Golf Classic hosted by our client Orange Regional Medical Center to benefit ORMC’s Comprehensive Cancer Care Program. ORMC’s oncology program provides a wide spectrum of care that includes cancer prevention, early detection and advanced treatment. The Annual Golf Classic helps make this care possible through the generosity of the Classic’s sponsors and players, and the support of the overall community. This year’s Classic was held on June 15, 2009, at the Otterkill Golf & Country Club in Campbell Hill, New York, and was attended by BPS Partners Bill Harrington, Matt Parisi, Bill Murphy and Joe Madden.

William F. Harrington to Receive Thomas J. Caramadre, Jr. Humanitarian Award

William F. Harrington, Chairman of our Firm’s Executive Committee, will receive the Thomas J. Caramadre, Jr. Humanitarian Award on March 25, 2009, at the 17th Annual Yonkers Women of Excellence Awards Luncheon sponsored by The Yonkers Chamber of Commerce Women in Business Committee. This Award (which was established in memory of the late Thomas J. Caramadre, Jr., former president of the Yonkers Chamber of Commerce) is presented to an individual who has spearheaded an initiative, project or program that has benefited both the business community and the community as a whole. The Firm warmly congratulates “BJ” Harrington on his receipt of the Thomas J. Caramadre, Jr. Humanitarian Award.

Bleakley Platt Partner, Brian E. Lorenz, Nominated For Prestigious “Independent Counsel of the Year Award”

Brian E. Lorenz, the head of the Firm’s Corporate Practice Group, has been nominated as one of the finalists for the “Independent Counsel of the Year Award” which is one of the awards to be issued as part of the 16^th Annual Mutual Fund Industry Awards on March 19, 2009. Brian was selected for this nomination based on his accomplishments during the past year on behalf of four separate Boards at the Franklin Templeton Funds. The Firm proudly congratulates Brian on his nomination for this prestigious award.

Two New Attorneys, Joe Incorvaia and John Murphy, Join the Firm

Bleakley Platt is pleased to announce that Joseph M. Incorvaia and John J. Murphy have recently joined our Firm in the respective positions of Counsel and Associate. 

Joe Incorvaia has more than 30 years’ experience in advising clients in the areas of corporate, partnership and individual business tax planning and resolution of controversies involving the calculation of interest on Federal tax obligations. He has been a guest speaker and panelist for the American Petroleum Institute Tax Section, the American Bar Association and the Tax Executives Institute. Joe received his L.L.M. degree in Taxation from the New York University School of Law and his J.D. degree from St. John’s Law School. He currently resides in Riverside, Connecticut. 

John Murphy has a broad litigation background with extensive pretrial and appellate experience. His trial background has included both civil and criminal litigation, including legal malpractice, family court and real property matters. Prior to joining the Firm, John worked on complex litigations at several large Manhattan firms, and privately litigating various civil matters from eminent domain to adverse possession. He received his J.D. degree from the Fordham University School of Law, and now resides in New City, New York.

Bleakley Platt to Sponsor Yonkers Chamber of Commerce Networking Breakfast

Bleakley Platt is once again proud to sponsor The Yonkers Chamber of Commerce Networking Breakfast which will be held this year on Tuesday, February 24th. This year’s event will feature a presentation on the recently re-opened Intrepid Sea, Air & Space Museum after a two-year renovation and restoration project. The interior of the ship has been completely renovated with new exhibits which allow visitors to see never before seen “behind the scenes” areas, like the Foc’sle and crew quarters, allowing a new perspective as to what life was really like aboard the Intrepid.

Built in 1943, the USS Intrepid and her crew have a distinguished history of service including tours of duty in both World War II and Vietnam. The Intrepid also served as NASA’s primary recovery vessel before being retired in 1974. In 1982, the Intrepid Museum was opened to the public and has now received more than 10 million visitors.

The Networking Breakfast will be held at The Royal Regency Hotel located at 165 Tuckahoe Road in Yonkers. Reservations for this event can be made by contacting The Yonkers Chamber of Commerce at (914) 963-0332.

Bleakley Platt Welcomes New T&E Attorneys to the Firm

Bleakley Platt is pleased to announce that Judy B. Brownstein and Jason G. Neroulias have recently joined our Trusts & Estates Practice Group in the respective positions of Counsel and Associate.

Ms. Brownstein has extensive experience in drafting of wills, trusts and other estate planning documents and in estate and trust administration and related tax issues. Prior to joining the Firm, she was a partner in a midsize Manhattan law firm and also was Of Counsel for many years to a Westchester law firm. Ms. Brownstein was the author of the 1985-1988 revision and supplement of Klipstein and Brownstein, “Drafting New York Wills,” published by Matthew Bender, Inc., and has lectured on estate planning and estate administration. She received her J.D. degree from Columbia University Law School.

Mr. Neroulias’ experience includes counseling clients on tax and estate planning issues, drafting wills and trusts, representing corporate and individual fiduciaries in trust and estate administration matters, and advising public charities and private foundations with respect to formation, operating procedures and compliance. He received his J.D. degree from New York Law School.

Bleakley Platt Partner, James W. Glatthaar, to Speak at “Evictions” Seminar

James W. Glatthaar, litigation partner in Bleakley Platt & Schmidt’s White Plains office, will speak on November 12, 2008 at a seminar on “Evictions: Residential and Commercial” sponsored by Lorman Education Services. Mr. Glatthaar will speak on the topics of “The Rental Process,” “The Litigation Process,” “Tenant’s Rights and Defenses,” “Yellowstone Injunctions,” “Building Security Issues,” “Mold, Bedbugs and Other Habitability Issues” and “Tenants’ Behavioral Problems and Options Available to Landlords.” The seminar will cover the process of renting commercial or residential premises, preliminary steps before litigation, how landlord-tenant cases are litigated, defenses available to tenants, ethical issues in evictions and current topics and issues in landlord-tenant law.

Bleakley Platt Attorneys Recognized as 2008 New York “Super Lawyers”

Bleakley Platt is pleased to announce that several of its attorneys have been recognized by New York Super Lawyers 2008 as being among the top attorneys in the New York-Metropolitan Area in their respective practice areas. Only 5 percent of the total lawyers in New York are selected for the prestigious Super Lawyers’ recognition.

The Bleakley Platt attorneys named as 2008 New York Super Lawyers are the following in the indicated practice areas: William P. Harrington, Environmental Litigation; Robert D. Meade, Insurance Coverage; and Mary Anne Wirth, Criminal Defense: White Collar. Bill Harrington and Mary Anne Wirth also received the same Super Lawyers’ recognition in 2007.

Bleakley Platt Partner, Jim Glatthaar, to Speak at “Housing Discrimination” Seminar

James W. Glatthaar, litigation partner in Bleakley Platt & Schmidt’s White Plains office, will speak on the topic of “Housing Discrimination” on October 16, 2008 at a seminar on “Discrimination & Fair Housing in Real Estate Management” at the NYARM Real Estate Expo. The seminar will be from 1:30 p.m. to 4:30 p.m. at the Hampshire Country Club in Mamaroneck, New York. For more information, please call (212) 216-0654.

Bleakley Platt Partner, Dan Morrison, Recognized as 2008 New York “Super Lawyer”

Bleakley Platt is pleased to announce that Daniel W. Morrison, the head of the Firm’s Insurance Practice Group, and a member of our Litigation and Environmental Practice Groups, has been recognized by Super Lawyers 2008 as among the top attorneys in New York State in the area of Civil Litigation Defense. Only the top 5 percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics, are selected for the prestigious Super Lawyers recognition in their practice area. In 2007, Mr. Morrison was recognized by Super Lawyers as among the top New York attorneys in the area of Environmental Law.

Bleakley Platt Partner, Joe DeGiuseppe, to Speak at WCBA Municipal Law Lecture Series

Joseph DeGiuseppe, Jr., the head of the Labor & Employment Practice Group of Bleakley Platt & Schmidt, will speak on September 16, 2008, at the first of a series of lectures sponsored by the Municipal Law Section of the Westchester County Bar Association on various employment and housing discrimination issues involving public officials, municipalities and school districts. Mr. DeGiuseppe will address the issue of the investigation and defense of sexual harassment claims against municipalities and public officials, including the development of effective sexual harassment policies and procedures, the implementation of comprehensive investigation measures, and the use of appropriate disciplinary actions, if necessary.

Bleakley Platt Partner, Peter N. Bassano, Involved in Newsweek HQs Relocation Transaction

Peter N. Bassano, the head of the Real Estate and Commercial Finance Practice Groups of Bleakley Platt & Schmidt, was recently involved in “one of the largest and most complex transactions completed in Manhattan this year” concerning the relocation of Newsweek’s corporate headquarters to 395 Hudson Street pursuant to a long-term lease agreement for approximately 163,000 square feet with the New York City District of Carpenters Pension Fund. Mr. Bassano acted on behalf of the Pension Fund. The full details of the transaction are set forth in the linked article from the May 14, 2008 edition of Real Estate Weekly.

Bleakley Platt Partner, John A. Risi, Named A “40 Under 40 Rising Star”

John A. Risi, a partner in the Firm’s Litigation, Insurance Law and Product Liability Practice Groups, has been named as one of Westchester County’s “40 Under 40 Rising Stars” by the Business Council of Westchester. John represents clients in a wide range of general civil litigations, trials and appeals, including land use, contract, corporate and negligence matters, and has represented Fortune 100 companies in the defense of significant products liability actions. Modeled after the national business recognition program “Forty Under Forty,” Rising Stars pays tribute to individuals who are making their mark in their chosen profession at a young age. The Business Council’s Rising Stars award recognizes young leaders in Westchester who surpass expectations, raise the bar and set new standards for success. This year’s winners include individuals from diverse industries, including education, health care, finance, publishing, advertising, information technology, real estate and not for profit. The Business Council of Westchester’s 2008 Rising Stars’ awards will be presented on Thursday, June 19th at MasterCard Worldwide in Purchase.

Bleakley Platt to Sponsor Orange County Chamber of Commerce Breakfast

Bleakley Platt is proud to sponsor the Orange County Chamber of Commerce General Membership Breakfast on June 17, 2008, featuring Keynote Speaker Jonathan Mogelever, Director of Development, Orange County Land Trust. Mr. Mogelever will talk about the Orange County Land Trust’s mission of preserving “the fields, forests, wetlands, ridgelines and river corridors in Orange County,” while still supporting responsible growth in the county. The Orange County Land Trust has been in existence since 1993 and has preserved 3,000 acres of land and water throughout the county through voluntary protection. The Trust is currently in the process of re-evaluating its mission, with a goal of creating a stronger presence for land conservation in Orange County, as well as to enhance public understanding of the Trust, including the fact that it is not anti-growth nor anti-development.

The General Membership Breakfast will be held at Kuhl’s Highland House located at 512 Highland Avenue Extension in Middletown. Reservations for this event can be made by contacting the Orange County Chamber of Commerce at (845) 457-9700.

Bleakley Platt Partner, Matthew G. Parisi, Moderates Young Professionals Workshop Series Panel

Matthew G. Parisi, a partner in the Firm’s environmental and general civil litigation departments, was the panel moderator for the inaugural Westchester County Association’s First Time Home Buyers Workshop Series event at Reid Castle at Manhattanville College in Purchase, New York on April 29. The panel discussion, entitled ” Mortgages in the New Economic Climate: Can Young Business Professionals Afford to Live in Westchester County,” is sponsored by the County Association’s Young Professionals Advisory Committee. It is the first in a special three part workshop series exploring the affordability of area housing for Westchester County’s young business professionals. The Advisory Committee was established by the Westchester County Association to create a platform for young professionals to develop professionally, build business relationships, and help contribute to the economic vitality of Westchester County businesses and the community. Mr. Parisi, a member of the Advisory Committee, moderated a discussion by two prominent real estate and mortgage professionals from area lending organizations.

William P. Harrington to be Inducted into Iona Prep Hall of Fame

William P. Harrington, the Chair of our Litigation Practice Group, will be inducted into the Iona Prep School Hall of Fame on May 8, 2008. The purpose of the Iona Prep Hall of Fame is to formally recognize and publicly honor those who have distinguished themselves in a variety of endeavors, those who have contributed significantly to the growth and spirit of the Prep, and whose lives continue to reflect the charism of Blessed Edmund Rice and the teachings of the Christian Brothers. As a 1975 graduate of Iona Prep, Bill and his family have been dedicated to supporting not-for-profit organizations which promote and protect those less fortunate in our society.

In May 2007 Bill was awarded the Ellis Island Medal of Honor for his exceptional humanitarian efforts and outstanding contributions to our country by the National Coalition of Ethnic Organizations (NECO). In 2005 Bill and his wife Carolyn were honored by DSFHS with the “Mother Mary Walsh Award” in recognition of their demonstrated belief in the dignity of each person, their dedication to family values and their reaching out to those in need. Bill’s other Leadership Awards include: 2001 Award from Iona Prep for Distinguished Service; 2002 Award from Holy Rosary School; 2002 Award from Food-PATCH for distinguished service to the hungry and homeless; 2003 Award from St. Bartholomew School; and the 2006 Leadership from the Cardinal’s Committee for Inner City Schools. Our Firm warmly congratulates Bill on his upcoming induction into the Iona Prep Hall of Fame.

Bleakley Platt Partner, James W. Glatthaar, to Speak at “Affordable Housing” Seminar

James W. Glatthaar, litigation partner in Bleakley Platt & Schmidt’s White Plains office, will speak on May 13, 2008 at a seminar on “Affordable Housing” sponsored by Lorman Education Services. Mr. Glatthaar will speak on the topics of “Operation & Management of Affordable Housing,” “Tenant’s Rights” and “Ownership Formats of Affordable Housing.” The seminar will cover the use of accounting tools and tax laws to make housing construction more affordable, problems which can arise with rented affordable housing units, zoning tools to encourage construction of affordable housing and how to target affordable housing units to the housing needs of specific communities.

Bleakley Platt to Sponsor Yonkers Chamber of Commerce Event

Bleakley Platt is proud to sponsor The Yonkers Chamber of Commerce Networking Breakfast on February 26, 2008, featuring Keynote Speaker Patricia A. Tursi, Chief Executive Officer of Elizabeth Seton Pediatric Center. Ms. Tursi joined the Elizabeth Seton Pediatric Center as its first Executive Director in 2001, charged with creating a new independent leadership structure that would support a continuum of care for medically fragile children. She is a licensed nursing home administrator with over 20 years of health care administrative experience.

The Elizabeth Seton Pediatric Center was established in 1988 by the Sisters of Charity as an affiliate of the New York Foundling to provide specialized residential and rehabilitative services to medically fragile children with complex clinical conditions and disabilities. Over time the Elizabeth Seton Pediatric Center has evolved into a healthcare system for children independently incorporated with its own distinct mission and leadership offering long-term care, special education and homecare services.

Ms. Tursi will speak at the Networking Breakfast on the “Relocation to Yonkers Project” of the Elizabeth Seton Pediatric Center. The Networking Breakfast will be held at The Royal Regency Hotel located at 165 Tuckahoe Road in Yonkers. Reservations for this event can be made by contacting The Yonkers Chamber of Commerce at (914) 963-0332.

Bleakley Platt Partner, John S. Diaconis, Speaks at Municipal Law Seminar

On January 9, 2008, John Diaconis gave a CLE lecture sponsored by the Municipal Law Section of the Westchester County Bar Association. The subject of the lecture was the operation of Town and Village Justice Courts in our County. The lecture was the third in a series of presentations by lawyers, Town Prosecutors, Town Justices and Assistant District Attorneys. The purpose of the series is to raise awareness and generate discussion on the operation of these important tribunals, which preside over two million cases per year in New York State. In addition to his municipal law and insurance practice, Mr. Diaconis serves as the Town Prosecutor in New Castle. He is Co-Chair of the Municipal Law Section of the Bar Association.

Bleakley Platt Welcomes Two New Members to the Firm

Bleakley Platt is pleased to announce that on January 7, 2008 John S. Diaconis and William M. Murphy will become members of our Firm.

Mr. Diaconis has over 25 years’ experience of counseling in the insurance and reinsurance industry and acting as defense counsel, mediator and arbitrator in the investigation and resolution of fidelity, commercial crime and financial institution bond claims. His experience includes his tenure as Vice President of Hartford Financial Services Group, and as a member of the firms of Peterson & Ross and Wilson, Elser, Moskowitz, Edelman & Dicker in New York City. Mr. Diaconis has served as a Councilman for the Town of New Castle for which he is currently the Town Prosecutor. Mr. Diaconis received his J.D. degree from Drake University Law School and his LL.M. degree from New York University School of Law. He is Co-Chair of the Municipal Law Section of the Westchester County Bar Association and resides in Chappaqua, New York .

Mr. Murphy is a graduate of Dartmouth College and Fordham Law School, and is admitted to practice in Connecticut and New York. He has an extensive business, commercial and securities litigation background that also includes client counseling on M&A and employment matters, and representation of corporations and individuals in regulatory investigations. Mr. Murphy was a founding member of the litigation boutique, Robinson Murphy & McDonald. Most recently, he was instrumental in establishing an East Coast presence for the San Francisco-based firm, Steefel, Levitt & Weiss. Mr. Murphy’s experience also includes his tenure with Cahill Gordon & Reindel in New York City. Mr. Murphy resides with his family in Old Greenwich, Connecticut.

Bleakley Platt Names Two New Partners

Bleakley Platt is pleased to announce that effective January 1, 2008 Nancy J. Rudolph and John A. Risi will become members of our Firm.

Ms. Rudolph will continue to practice in the area of trusts and estates, estate administration, estate tax, and guardianship in the Surrogate’s Court, Supreme Court, and before the United States Tax Court. Prior to joining our Firm in 2001, Ms. Rudolph 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 (Medicaid Fraud). She was also an Administrative Hearing Officer with the New York State Racing and Wagering Board from 1980 to 1984.

As a member of our Firm’s Litigation, Insurance Law and Product Liability Practice Groups, Mr. Risi represents clients in a wide range of general civil litigations, trials and appeals, including land use, corporate, negligence and contract matters. He is also experienced in State Environmental Quality Review Act and municipal planning issues relevant to landowners and municipalities, including negotiations with, and public hearings before, lead agencies. Prior to joining the Firm in July 2000, Mr. Risi was engaged in the defense of Fortune 100 companies and other corporations against product liability and catastrophic injury claims.

Bleakley Platt Welcomes New Partner Joseph N. Madden

Bleakley Platt is pleased to announce that on January 7, 2008 Joseph N. Madden will become a member of our Firm. Mr. Madden was the First Deputy Corporation Counsel for the City of Yonkers. He has extensive experience in municipal law, land use, zoning, planning, SEQRA and litigation. Mr. Madden is a graduate of Colgate University and Villanova Law School and resides in Yonkers.

Bleakley Platt Partner, James W. Glatthaar, to Speak at Housing Seminars

James W. Glatthaar, litigation partner in Bleakley Platt & Schmidt’s White Plains office, will speak at two upcoming seminars on housing issues sponsored by Lorman Education Services.

On November 27, 2007, Mr. Glatthaar will serve on the faculty for a seminar entitled “Fundamentals of Real Estate Closings.” At the seminar, he will discuss considerations for purchasers and sellers of real property, negotiating the contract of sale and due diligence for purchasers and sellers.

On December 5, 2007, Mr. Glatthaar will serve as Faculty Chairman for a seminar entitled “Governing and Legal Issues of Cooperative Apartments in New York.” Mr. Glatthaar will discuss state law requirements, responsibilities of the board of directors, litigation regarding enforcement of by-laws, leases, rules & regulations. Other attorneys and accountants will also serve on the faculty.

Both seminars will offer practical advice directed at, among others, property managers, real estate agents and brokers, attorneys and accountants.

Bleakley Platt Attorneys Recognized as 2007 New York “Super Lawyers”

Bleakley Platt is pleased to announce that several of its attorneys have been recognized by New York Super Lawyers 2007 as among the top attorneys in the New York-Metropolitan Area in their respective areas of concentration. Super Lawyers is a listing of outstanding lawyers with at least 5 years’ experience from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement. Super Lawyers are selected based on a multi-step process including, a region-wide survey, internal searches, an initial evaluation of candidates, peer evaluations by practice area and a final selection.

The Bleakley Platt attorneys named as 2007 New York Super Lawyers are the following in the indicated practice areas: William P. Harrington, Environmental Litigation; Daniel W. Morrison, Environmental Law; and Mary Anne Wirth, Criminal Defense: White Collar.

Bleakley Platt Welcomes New Counsel Sally A. Fitzsimmons

Bleakley Platt is pleased to announce that Sally A. Fitzsimmons has recently joined our Firm as Counsel and has become a member of our Commercial Finance and Real Estate Practice Groups. Ms. Fitzsimmons has a broad range of experience in real estate law and commercial finance including, commercial leasing, acquisitions and sales and secured financing. Her extensive experience greatly enhances our Firm’s capabilities in these important practice areas. Ms. Fitzsimmons currently resides in Bronxville where she had maintained a general real estate practice for more than 10 years.