Shannon Getzel and Jessica Chacha, Founders, Together We Can Community Resource Inc.
Together We Can volunteers
What:Together We Can Community Resource Center Inc. (TWC) will be kicking off this partnership withOresky & Associates, pllc at Flushing Meadows Corona Park at The Queens Museum, together with 20 volunteers. The volunteers will be “meeting” at this point to deliver groceries to families in Corona. No groceries will be distributed at the meeting point.
In an effort to assist the western Queens community of Corona, TWC recently announced that Oresky & Associates has joined in its battle to fight hunger and assist the Corona community through this difficult time by filling its food banks with groceries for those who are in need.
The food bank provides groceries for over 200 families that have been impacted by the virus. As an attorney, Mr. Oresky has represented many members of the Corona community for the past 25 years.
Directions: Long Island Expressway to Exit 22A for Grand Central Pkwy. W. Merge onto Grand Central Pkwy. Take Exit 9P toward Flushing Meadows Corona Park/Tennis Center. After 0.1 mile, make a sharp right onto Meridian Rd. (see signs for Tennis Centre). Museum will be on the left-hand side.
Photo Ops:Ms. Getzel and Ms. Chacha assisting volunteers in distributing food to families in the western Queens community of Corona.
With nursing homes and assisted living facilities being hit the hardest by the novel coronavirus pandemic, many family members have pulled their loved ones out of long-term care facilities. However, Daniel J. Reiter, Principal Attorney, Law Firm of Daniel J. Reiter, Esq., says that, sometimes, there may be legal obstacles in doing so if the resident is mentally incapacitated, for example, with severe dementia.
According to the New York State Department of Health, there were 2,983 nursing home deaths statewide, as of April 26 (the number includes residents who died at either a facility or a hospital). Some of them, according to the agency, resulted from presumed or confirmed cases of the coronavirus. In New Jersey, the state Health Department reported that nursing homes in The Garden State had 16,244 cases of the coronavirus, resulting in 2,981 deaths, as of April 27.
Before family members can move their loved one out of a nursing home, Mr. Reiter says they should speak with someone at the facility, or seek outside assistance from an appropriate professional, such as a geriatric care manager. “If you are the adult child of a resident who may have dementia or is mentally incapacitated, then you may need legal assistance,” he says. “Being the resident’s child, by itself, does not mean you can remove them from the nursing home.”
If the court has named a family member as a guardian, Mr. Reiter advises that the guardian check the Order and Judgment appointing them guardian. If there is a “place of abode” provision, they may not need to seek the court’s approval to remove their parent from the nursing home. However, in New York State, someone with a statutory short-form power of attorney without modifications, or a health care proxy, cannot authorize agents to move a resident out of a nursing home.
“Even if you want to move your loved one out of these facilities, more often than not, the resident has the last word,” Mr. Reiter says. “But if the resident does not have the mental capacity to make these decisions, you may require legal assistance. If you need help transferring your loved one out of a nursing home, contact an attorney immediately.”
MELVILLE, NEW YORK — With the growing number of reported domestic violence (DV) cases during the coronavirus lockdown, Russell I. Marnell of Marnell Law Group, P.C.says victims should call for help from both the police and legal counsel, and build a case against their abuser.
The National Domestic Violence Hotline reported a 25% increase in DV survivors calling the hotline between March 16 and April 5; the callers cited the coronavirus lockdown as “a condition of their experience.” Data from The Marshall Project showed that, in Suffolk County, there was an 18% increase in calls reporting domestic violence to the police, while Nassau County police received 10% more DV calls during the lockdown.
“As couples become isolated from the outside world, the abuse becomes more frequent,” Mr. Marnell says. “There are also external factors that contribute to the abuse — layoffs, loss of business, loss of income and the financial strain that comes with it.”
Children are not immune to domestic abuse, either. According to the National Domestic Violence Hotline, a child witnesses 22% of DV cases filed in state courts, and 30% to 60% of the perpetrators abuse children in the household. In addition. 40% of abused children report DV in the home.
“We have received several inquiries about orders of protection, threats of spousal violence and parenting issues during the COVID-19 crisis,” Mr. Marnell says. “The initial inquiry is whether or not there has been a family offense — such as harassment, assault, menacing, etc. — which is required to obtain an order of protection, then whether it would be appropriate to seek a stay away directive as part of the order.”
If there is a DV incident, Mr. Marnell strongly recommends calling the police and collecting as much evidence as possible against the abuser. “Secretly tape recording the perpetrator — and doing it legally — as well as taking pictures of injuries, weapons and damage to property would be helpful,” he says. “Victims should seek medical treatment for their injuries, which will help their claims of domestic violence.”
The New York State Unified Court System has deemed filing temporary orders of protection and emergency family offense petitions in Family Court as essential. Filing temporary orders of protection, including but not limited to matters involving domestic violence, in state Supreme Court is also considered essential. “If you are in an abusive situation and you are seeking protection, contact a divorce or family law attorney immediately,” Mr. Marnell says.
Marnell Law Group, P.C. concentrates its practice in divorce, custody, and all areas of family law. Its attorneys offer complex family law counseling and provide expertise in matrimonial law requiring settlement or litigation. The firm services Nassau County, Suffolk County, Queens, Westchester, Manhattan and Brooklyn. For more information, call (516) 542-9000 or visit www.nyfamilydivorcelawyer.com.
RIVERHEAD, NEW YORK — Katerina Grinko, Attorney, Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP, says the President’s proclamation suspending the entry of certain foreigners into the United States is yet another unfortunate outcome of the 2019 Novel Coronavirus.
Katerina Grinko
On April 22, President Donald J. Trump signed a Proclamation suspending the entry of foreign-born nationals on immigrant visas for 60 days, effective April 23. President Trump said the purpose of the temporary suspension is to ensure that out-of-work Americans regain employment opportunities that were lost during the coronavirus pandemic. He added that the restrictions can be modified or extended if necessary.
“It is no secret that the Trump administration has made it its top priority to keep as many immigrants as possible from entering the U.S.,” Ms. Grinko says. “The ongoing pandemic unfortunately provides room to further expand this political tactic.”
Despite the suspensions, there are some exceptions. Healthcare workers and their immediate family members will be allowed into the country, as well as spouses and minor children of U.S. citizens. The restrictions also do not apply to the following individuals:
those with a valid travel permit
those with already approved green cards
foreign investors
those with valid temporary nonimmigrant visas, such as tourist, student or temporary employment visas
those seeking asylum, refugee status, withholding of removal or protection under the Convention Against Torture
For those who are currently in the country and are awaiting interviews for asylum, adjustment of status, and naturalizations, as well as biometric appointments or oath ceremonies, these interviews have been cancelled and will be automatically rescheduled by the U.S. Citizenship and Immigration Services (USCIS). The USCIS field offices temporary suspended all in-person services through June 4. Further, all Immigration Court hearings for non-detained cases have been postponed until May 15.
“All applicants will be receiving new notices in the mail,” Ms. Grinko says. “It is important to closely monitor your mail within the next few weeks. If you do not receive a new notice from either USCIS or Immigration Court within the next two to four weeks, you should contact your immigration attorney so that he or she can follow up with the proper institution.”
Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 30 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.
Only Six Cases Reported, All Patients Have Recovered
Beaches Are Now Reopened
On September 6, 2017, the island of Saint Barth was hit by Hurricane Irma. With sustained winds of 185 miles per hour and gusts of up to 218 miles per hour, it devastated both the island and its economy. But, by the beginning of 2019, all traces of the natural disaster were gone, and Saint Barth provided an even more charming appeal than before. By the time it was Thanksgiving, Saint Barth’s most devoted visitors returned to the island.
This year, Saint Barth, like the rest of the world, was affected by the coronavirus. But, with residents following social distancing guidelines and a small number of cases, Emmanuel Jacques, Managing Attorney, Emmanuel Jacques Almosnino Law Firm (EJA), says the island is back in business.
“Beaches have reopened, and some businesses are returning to normal,” Mr. Jacques said. “Under those circumstances, the island is expecting the arrival of tests within the next few weeks to prove the population is in good health. This should allow a full reopening of all stores, restaurants and hotels.”
Saint Barth reported six cases of the coronavirus, five of whom were between the ages of 45 to 64, according to data from the Saint Barth government. Since then, they have recovered fully. Mr. Jacques said a number of factors contributed to the quick eradication of the disease.
“The island’s small size, the discipline shown by its inhabitants during the five weeks of lockdown, as well as its warm and sunny climate, make Saint Barth the perfect destination to be safe,” he said. “The island will continue to attract sea and beach lovers, who will be able to have peace of mind and enjoy their vacations this summer.”
With a predicted second wave of the disease expected to hit the U.S. again this winter, Mr. Jacques said the island will continue to provide an oasis of tranquility for its visitors. “Saint Barth will definitely become the place to spend next winter and to forget how the world was upside down in 2020,” he said. “The island has built a strong reputation for getting through times of crisis by offering a continuous improvement of its beauty and its art de vivre.”
Mr. Jacques is an attorney advising high-net worth clients on international business, finance, real estate and wealth management needs. For more information, visit www.eja-lawfirm.com.
With recent reports of nursing home residents dying from the novel coronavirus, many family members are looking to take their older loved ones out of these facilities. Daniel J. Reiter, Principal Attorney, Law Firm of Daniel J. Reiter, Esq., says that, while he understands that families are concerned about their elders’ health, if the nursing home resident cannot make decisions on their own — for example, if they have dementia — it may not be very simple to transfer their loved ones out of a nursing home, and legal guidance may be required.
According to Governor Andrew Cuomo, more than 3,300 nursing home residents statewide have died from the novel coronavirus. Mr. Reiter points out that nursing homes are “hot spots” for the novel coronavirus. “Because of their age and physical health, nursing home residents are extremely susceptible to this disease,” he says. “Also, they may be living in close quarters, with two or three to a room. One of them may be a carrier without the other roommates knowing it, so the disease can be easily transmitted.”
The disease may be spread not only by other residents, but by staff members as well. “Some of these nursing home employees are overwhelmed and see many residents at a time,” Mr. Reiter says. “The workers may not have the proper protective gear in this environment, thereby infecting the residents and other staff members inadvertently. In addition, many nursing home residents are bedbound, and workers have to make physical contact when turning the resident many times a day to avoid bed sores, which makes maintaining social distancing at six feet medically impossible.”
While he understands that many family members are looking to get their elders out of these facilities as quickly as possible, Mr. Reiter says it is not always as simple as walking in, signing them out and bringing them home. “Moving your loved one out of a nursing home is a decision that should be made in consultation with the appropriate professionals, such as a geriatric care manager,” he says. “However, the legality of moving your loved one from a nursing home if they are mentally incapacitated may require the assistance of a lawyer, or an application to the court on an ‘emergency’ basis. This applies to court-appointed guardians and agents under a power of attorney. Just because someone is named an agent in a health care proxy, or is the resident’s child, does not mean they have the right to remove their aging parent from the nursing home.”
He recommends that guardians check their Order of Judgment appointing them guardian. Some of these court documents — which name a family member as the guardian — do not require the court’s approval to transfer their ward from the facility so long as a “place in abode” provision is included in the Order and Judgment. Meanwhile, a standard New York State statutory short-form power of attorney that is not “modified” and health care proxies do not authorize agents to move residents out of nursing homes.
“Either the resident has the capacity to consent to being transferred from a nursing home, or the loved one will need a power of attorney with a provision in the modifications section of the power of attorney authorizing the transfer or to be appointed guardian,” Mr. Reiter says. “If you need help transferring your loved one from a nursing facility, contact an attorney immediately.”
RIVERHEAD, NEW YORK — Christopher Kelley, Senior Partner, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, says the coronavirus pandemic has had a tremendous impact on all aspects of the real estate market — from sales to closings to mortgage payments.
Christopher Kelley
One way the real estate industry has changed, Mr. Kelley says, is how showings and open houses are now handled. Recently, the Empire State Development Corporation deemed real estate agents as “essential” employees, but, under the new guidelines, agents will be prohibited from meeting with clients at the property in person; only prospective buyers may visit the home themselves, but with the seller’s permission.
But, Mr. Kelley says, the new way of doing business in real estate has affected other aspects of the transaction. Although New York State has allowed remote notarization of documents, the social distancing makes it more difficult to complete closings, home inspections and title searches. “This has negatively affected the transaction in the preparation and signing of documents,” he says. “It has become somewhat slower to arrange for inspections, water testing and such. Title companies have also been asking sellers to indemnify them against liens and judgments.”
Whereas many major markets have seen sales at virtually a complete standstill, the eastern Long Island market has seen glimpses of life. “Although, immediately after the stay-at-home order, the East End saw a flurry of emergency rental activity, that has slowed, as have new home sales,” Mr. Kelley says. “However, there are sales continuing to be made as buyers look ahead to the prospect of a more normal economy in the near future.”
Mr. Kelley also says there has been an increase in potential deals falling through or being delayed, especially among cash buyers. “Some purchasers who were counting on paying cash in a deal saw the need to seek mortgage financing, citing the volatility of the stock market,” he says. “This has led purchasers to seek extensions of time to close in order to obtain mortgage commitments and concessions from sellers to get to closing. There is no basis in most instances for cancelling a real estate contract or postponing a closing in an all-cash deal based on the COVID-19 pandemic and the challenges surrounding it.”
Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 30 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.
JAMAICA ESTATES, NEW YORK — Tanya Hobson-Williams, attorney at law at Hobson-Williams, P.C., says New York State’s new budget changes eligibility rules for home care services paid for by the Medicaid program in the State. The new law creates a “lookback” period that affects how the finances of ill and elderly people will be evaluated for their eligibility to receive Medicaid to pay for home care services. Ms. Hobson-Williams says the effect of this new law is that it will be more difficult for those who need financial assistance to obtain Medicaid for home care services.
Previously, there was no “lookback” period for the Medicaid home care program. However, on April 1, 2020, the state passed a bill that now includes a thirty (30) month lookback period for all home care service applications, effective October 1, 2020. Therefore, if a home care applicant applies for Medicaid home care, the local Department of Social Services will look at all financial transactions that occurred over the last 30 months from the date of application. If, within that 30-month period, the applicant made gifts or uncompensated transfers, then a Medicaid penalty will be assessed. A Medicaid penalty is a period of Medicaid ineligibility.
It is presumed that these penalties will be imposed for any transfers or gifts made during or after the lookback period and will be calculated the same way that penalties are calculated for nursing home Medicaid. Additionally, personal care services/home care will only be made available to those who require assistance for at least three daily activities of living (these include eating, bathing, and getting dressed, among others). Only those diagnosed with dementia and/or Alzheimer’s disease will receive care if they require assistance for only one activity of daily living.
Further, the New York State Department of Health will place a moratorium on processing and approving applications for managed long-term care plans from now until March 31, 2021. During the moratorium, the agency will have the authority to determine whether managed long-term care plans not affiliated with Medicare are necessary, and impose an enrollment cap for each managed long-term care plan.
“Starting in October 2020, if a home care applicant made any gifts or uncompensated transfers during the 30-month period prior to applying for Medicaid, then a Medicaid penalty will be assessed,” Ms. Hobson-Williams says. “We await regulations and guidance on how these transfer rules will be applied to home care cases.”
“These new laws were enacted to save New York State money, unfortunately, at the expense of those needing home care services,” Ms. Hobson-Williams continues. “As a result, fewer individuals will be eligible for home care services paid for by Medicaid.”
With offices located in Queens, Brooklyn and the Bronx, the law firm of Hobson-Williams P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the skilled attorneys at Hobson-Williams, P.C. are dedicated to protecting and serving their clients’ needs and legal interests, and are committed providing unparalleled client service. Her practice areas include elder law, business law, real estate closings, landlord-tenant disputes, Medicaid fraud defense, guardianships, reverse mortgage foreclosure defense and debt collections. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concern to families caring for the elderly. She is also contracted by the State of New York Employee Assistance Program to provide training to state employees on legal issues that affect state employees. For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.
RIVERHEAD, NEW YORK — Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP has announced that Joan Morgan McGivern has joined the firm as Of Counsel. Ms. McGivern concentrates her practice in real estate, zoning and land use, business and corporate law and civil litigation.
Joan Morgan McGivern
Ms. McGivern has been in private practice since 2014, with offices in New York City and East Hampton. She recently retired as General Counsel and Senior Vice President of ASCAP (The American Society of Composers, Authors and Publishers), and as Senior Legal Adviser to the ASCAP Foundation after 17 years with the organization. In her role with ASCAP, she negotiated Intellectual Property agreements in the global music industry, managed the legal department and supervised outside counsel.
Before working for ASCAP, Ms. McGivern spent 12 years as a Litigation Associate with White & Case, a law firm with locations in New York City and Washington, D.C. In her role, she handled complex commercial litigation, appellate matters and internal corporate investigations, including federal and state trials, U.S. administrative cases, arbitrations, bankruptcy proceedings, contested probate matters and trustee accountings. Prior to joining White & Case, she served as a Law Clerk to the Honorable Thomas Platt of the United States District Court, Eastern District of New York.
In addition to serving as Of Counsel, Ms. McGivern is a Member of the East Hampton Town Zoning Board of Appeals and the East Hampton Town Energy Sustainability & Resiliency Committee. She previously served as East Hampton Town Representative for the Suffolk County Planning Commission.
Ms. McGivern is admitted to practice in New York State and before the U.S. District Court, Eastern and Southern Districts of New York; the U.S. Court of Appeals, Second Circuit; and the U.S. Supreme Court. She earned her honors degree in Government from Dartmouth College with high distinction, a Master’s degree from the Columbia University School of International and Public Affairs and a law degree from Georgetown University, where she was Editor of the International Law Journal.
“I am pleased to join this firm and I look forward to working with the growing number of real estate and zoning and land use clients,” Ms. McGivern said.
“We welcome Ms. McGivern to the firm as we continue to expand our real estate and zoning and land use practices,” said Stephen B. Latham, Senior Partner, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP. “She also comes to us with an extensive knowledge of Intellectual Property law and involvement in local government. She will be a great asset to the firm.”
Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 25 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.
RIVERHEAD, NEW YORK — In response to the coronavirus outbreak and in an effort to ease people’s financial worries, U.S. Treasury Steve Mnuchin announced that the deadline to file income tax returns has been pushed back three months. Lorraine Paceleo, Attorney, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, says this will provide individuals and business owners the help they need as stores are shutting down and workers are either being furloughed or laid off.
Lorraine Paceleo
On March 20, Mr. Mnuchin said the deadline to file taxes has been pushed back to July 15 in order to give individuals and businesses additional time to pay their taxes without facing penalties or paying interest. This applies to individuals who owe less than $1 million or corporations owing less than $10 million. The delayed payment deadline includes payments due with the 2019 tax return filing, as well as any estimated payments payable for the 2020 tax year (due on April 15). New York Governor Andrew Cuomo announced on the same day that the state’s Tax Department will follow the new federal guidelines.
“By pushing back the payment deadline another three months, it will give the economy a chance to grow,” Ms. Paceleo says. “Plus, it will allow individuals and business owners to hold onto their money a little bit longer. However, if you are anticipating a refund this year, it is best to meet with a tax professional and file as soon as possible.”
Ms. Paceleo, who is also a Certified Public Accountant, concentrates her practice in tax preparation for estate and trust fiduciaries, fiduciary accountings, estate administration and estate planning. She is a member of the Suffolk County Bar Association and the American Institute of Certified Public Accountants.
Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff, with more than 25 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.
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