News Archive | Page 19 of 20

James Michael Murphy Becomes Sixth Partner from MHMS to be Elected Chairman of the Nassau Suffolk Trial Lawyers Association

Law Firm Has a Long History with the Organization Which Can Be Traced Back to the Firm’s Founder

GARDEN CITY, NEW YORK — Montfort, Healy, McGuire & Salley LLP (MHMS) has announced that James Michael Murphy, the Firm’s Managing Partner, has been elected Chairman of the Nassau Suffolk Trial Lawyers Association. He is the sixth partner from the Firm to be elected to this position within the organization.

Montfort Healy has deep roots in the Nassau Suffolk Trial Lawyers Association. The association was founded in 1962 by Hy Herman, who served as its first Chairman, and Fredric Montfort, who founded the firm. The purpose of the organization has been to promote and foster collegiality between the judges and the attorneys who litigate cases in the Supreme Court of Nassau and Suffolk Counties. Since the organization’s founding, six partners from MHMS have served as Chairman of the group.

Mr. Murphy concentrates his practice in the defense of personal injury matters, including negligence, products liability, municipal liability and has handled a wide range of matters, such as police liability, employment discrimination, contract actions, claims involving public utilities and insurance matters. He has taught an accredited Continuing Legal Education program at Hofstra Law School entitled “Liability Issues in Automobile Cases.” In addition, he has frequently lectured before institutional clients and risk managers.

Mr. Murphy is admitted to practice in New York and Florida, and before the United States District Courts for the Southern, Eastern and Northern Districts of New York. He is a member of the New York State Bar Association, the Nassau County Bar Association and the Florida Bar. He is a graduate of the State University of New York at Oswego (cum laude) and Albany Law School of Union University (cum laude).

“It is an honor to be selected to lead an organization with such a long history of serving Long Island’s legal community,” Mr. Murphy said. “I look forward to working with my colleagues and members of the judiciary to support and fulfill its mission.”

For more information, call (516) 747-4082 or visit www.mhms-law.com.

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* Photo of Mr. Murphy is attached.

About Montfort, Healy, McGuire & Salley LLP

Based in Garden City, New York, Montfort, Healy, McGuire & Salley LLP provides businesses, hospitals, medical professionals, and insurance companies with knowledgeable legal advice about insurance defense, and personal injury issues. Since 1950, the firm has represented clients throughout New York City and Long Island in disputes related to hospital liability, medical malpractice, municipal law, premises liability, insurance coverage, motor vehicle claim defense, product liability and construction and industrial accident defense. The firm has received the AV Preeminent peer-review rating through Martindale-Hubbell and admission into the Martindale-Hubbell Bar Register of Preeminent Lawyers. For more information, call (516) 747-4082 or visit www.mhms-law.com.

Law Firm Changes its Name to Reflect the Promotion of One of Its Attorneys to Partner

Also Moves to a More Conveniently Located Office in Central Islip

CENTRAL ISLIP, NEW YORK — McGuire & Peláez PC has announced that the firm has changed its name to McGuire, Peláez & Bennett PC to reflect the recent promotion of one of its attorneys, Brett J. Bennett, to Partner.

Mr. Bennett concentrates his practice mainly in criminal law and vehicle and traffic law and also assists in family law and landlord-tenant matters. Before joining the firm, he was an Associate with Reynolds, Caronia, Gianelli & La Pinta, P.C., handling criminal and traffic law cases. He was also a staff attorney with the Legal Aid Society of Suffolk County, where he handled thousands of criminal and traffic cases, including arraignments, negotiated pleas, hearings, and trial work.

While attending law school, Mr. Bennett held various internships at the Albany County District Attorney’s Office, the Schenectady County District Attorney’s Office, the Suffolk County District Attorney’s Office, and Suffolk County Legal Aid Society.

Mr. Bennett is a member of the Suffolk County Criminal Bar Association, the Suffolk County Bar Association, and the New York State Defenders Association. He is admitted to practice law in New York State and before the District and County Courts of Nassau and Suffolk Counties; Criminal Courts in all five boroughs; U.S. District Court for the Eastern District of New York; and Suffolk and Nassau County Traffic Courts and Parking Violations Agencies.

He received a Bachelor’s degree in History from the State University of New York at Binghamton, and a Juris Doctor from SUNY-Albany Law School.

“We are proud to make Brett a Partner with the firm,” said Chris McGuire, Senior Partner, McGuire, Peláez & Bennett PC. “He has extensive experience in handling criminal law and traffic matters. He will be a true asset to the firm.”

In addition, the firm has relocated next door from its old address at 100 Carleton Avenue to a larger, fully renovated location at 98 Carleton Avenue in Central Islip. The new office is in the same convenient location, but with a rear entrance from an expanded parking lot. “This new location will be easier for our clients to access,” Mr. McGuire said. “What makes it more advantageous is that the office is in close proximity to the Suffolk County Courts.”

It also allows the firm to partner with other professionals as part of the Central Islip Law Center. “This means that a client who is looking to complete a real estate transaction, for example, can get a loan, title, homeowner’s insurance, surveyor, and real estate attorney, all in one convenient location,” Mr. McGuire said.

For more information, call (631) 348-1702 or visit www.central-islip-lawyer.com.

About McGuire, Peláez & Bennett PC

McGuire, Peláez & Bennett PC is a full-service law firm, with a special emphasis on handling criminal and traffic cases, personal injury matters, matrimonial and family cases, as well as real estate and landlord-tenant matters, in Central Islip and throughout Suffolk County. In addition, the firm handles personal injury cases, including motor vehicle accident claims, slip and falls, and construction accidents. Attorneys are available to speak in both English and Spanish. For more information, call (631) 348-1702 or visit www.central-islip-lawyer.com.

Leading Immigration Attorney Comments on Supreme Court’s Decision Not to Honor Notices to Appear That Do Not Specify the Date and Time of Any Removal Hearings

Kerry Bretz, Partner, Bretz & Coven, LLP

New York, New York — In a decision that can be considered a victory for non-citizens possibly facing removal, the U.S. Supreme Court recently ruled that, if a notice to appear does not indicate a date and time when the person is supposed to attend removal proceedings, then it is defective and, therefore, cannot stop time for the physical presence requirement. Kerry Bretz, Partner, Bretz & Coven, LLP, says that eligible non-citizens who have been living in the U.S. and have received an incomplete notice to appear can now apply for 10-year cancellation of removal.

In Pereira v. Sessions, the plaintiff, a non-citizen who came from Brazil, was ordered removed in absentia when he did not answer a notice to appear. In 2006, the Department of Homeland Security issued the plaintiff a notice to appear for his initial hearing, but it did not provide him a date and time; instead, it ordered him to appear at a date and time to be determined. In 2007, the immigration court sent a notice to appear with the date and time, but it was sent to the wrong address and the notice was returned as undeliverable. The plaintiff claimed that he never received the notice to appear and argued that he was eligible for cancellation of removal because he lived in the U.S. continuously for 10 years. The immigration court and the Bureau of Immigration Appeals rejected the plaintiff’s argument.

On June 21, 2018, the U.S. Supreme Court ruled 8-1 in favor of the plaintiff. “[A]n essential function of a ‘notice to appear’ is to provide non-citizens ‘notice’ of the information (i.e., the ‘time’ and ‘place’) that would enable them ‘to appear’ at the removal hearing in the first place,” the Court wrote. “Without conveying such information, the Government cannot reasonably expect non-citizens to appear for their removal proceedings.”

Under certain circumstances, non-citizens who have accumulated 10 years of continuous physical presence in the U.S. may be eligible to apply for 10-year cancellation of removal. However, once the government issues a notice to appear to the non-citizen, it triggers a “stop-time” rule and the individual is no longer able to accrue time towards the physical presence requirement. The Supreme Court’s recent decision allows non-citizens to continue to accumulate physical presence if the notice is considered to be defective because it does not provide a date and time for a hearing.

Mr. Bretz says the Pereira decision will be far-reaching beyond typical removal cases. He also noted the U.S. government admitted that almost none of the notices they sent out in the last three years provided a date and time for the hearing.

“This decision may impact a wide range of cases, including those who failed to appear in immigration court and were ordered removed and deported in absentia, those who have already been ordered removed and deported and those whose cases are pending or on appeal,” he says. “This is an indication that this Supreme Court — even with Trump appointees — is concerned about erosions of due process under the Trump administration.”

For more information, call (212) 267-2555.

Abrams Garfinkel Margolis Bergson, LLP Presents BEST Program for Real Estate Professionals

Provides Balance between Sales and Marketing and Compliance and Risk Mitigation

NEW YORK, NEW YORK — Abrams Garfinkel Margolis Bergson, LLP (AGMB) has announced that the firm is offering the BEST (Balance Equals Success for your Team) program, which is designed to foster the growth and success of real estate brokers and their agents, while also protecting commissions and avoiding lawsuits, intervention from regulators, and consumer complaints.

AGMB works with real estate brokerages (and their managers, in-house attorneys, and agents) in a collaborative fashion to create an all-encompassing program which focuses on balancing and integrating a real estate broker’s marketing and sales platforms with proven risk mitigation and compliance strategies and techniques.

As part of the program, AGMB will provide direct legal advice to the real estate brokerage and the company’s agents through AGMB Legal Hotline, available 24 hours a day, seven days a week. This is ideal for managers who are overwhelmed with the need to support their agents and answer many complicated, complex questions and scenarios.

As part of the BEST program, the firm offers continuing education classes through its AGMB Training Center, Ltd. These training sessions cover various topics, including the Fair Housing, regulations regarding advertising and marketing materials, code of ethics, 1031 exchanges, conducting due diligence and more.

One of the challenges real estate brokers and agents face is keeping up with changes in federal, state and local laws and regulations. In the case of fair housing laws, real estate agents may find themselves in violation of the law not because they intend to discriminate but because they are unaware of these regulations. Failure to stay abreast of laws and regulations may result in damaging legal action.

“The BEST program will help real estate brokers and their agents succeed by assisting them in closing more sales, while complying with the latest rules and regulations in the industry,” says Neil Garfinkel, Managing Partner, AGMB. “Our goal is to balance the compliance practice with the sales and marketing.”

For more information about the law firm, visit agmblaw.com.

Neil B. Garfinkel Appointed Member of the New York State Real Estate Board

NEW YORK, NEW YORK —Abrams Garfinkel Margolis Bergson, LLP (AGMB) has announced that Neil B. Garfinkel, the firm’s Managing Partner and the Partner in Charge of its Real Estate and Banking Practices, has been appointed to the New York State Real Estate Board by Governor Andrew M. Cuomo. The term is for two years.

The New York State Real Estate Board has the authority to promulgate rules and regulations affecting real estate brokers and salespersons as they relate to the Real Property Law. As part of its responsibilities, the board studies the operations of the laws and regulations affecting real estate brokers and makes recommendations on related pending or proposed legislation.

Mr. Garfinkel has dedicated his legal career to the representation of the real estate brokerage and mortgage industries. He proudly serves as Broker Counsel to the Real Estate Board of New York (REBNY), where he hosts the REBNY Legal Line and authors the REBNY Question of the Week. Additionally, he and AGMB serve as Counsel to the Empire State Mortgage Bankers Association and the New York State Mortgage Brokers Association. He maintains the Senior Real Estate Specialist designation and is certified by the New York Department of State as an instructor of real estate courses. Mr. Garfinkel enjoys teaching and speaking about a variety of real estate and lending topics and he is frequently quoted in publications and media outlets nationwide.

He is a member of the New York State Bar Association, National Association of Realtors, New York State Association of Realtors, Long Island Board of Realtors, National Association of Mortgage Brokers, New York Association of Mortgage Brokers (Diamond Member), Mortgage Bankers Association of New York, and Community Bankers Mortgage Forum.

Mr. Garfinkel resides in Great Neck, New York, where he serves as a Trustee of the Village of Kensington.

The New York State Real Estate Board consists of the state’s Secretary of State, the Superintendent of the Department of Financial Services and 13 appointed members who are either real estate brokers or public members.

“It is an honor to be appointed to this prestigious board,” Mr. Garfinkel said. “I look forward to working with other members of the board in providing the necessary guidance on how rules and regulations affect real estate brokers in the state.”

For more information, visit www.agmblaw.com.

Michael G. Barone Named Counsel to the New York Association of Mortgage Brokers

NEW YORK, NEW YORK —Abrams Garfinkel Margolis Bergson, LLP (AGMB) has announced that the firm, and specifically, Michael G. Barone, the Managing Partner of the firm’s Mortgage Compliance Practice, have been named Counsel to the New York Association of Mortgage Brokers (NYAMB). The firm already serves as Counsel to the Empire State Mortgage Banking Association.

Mr. Barone has extensive experience in representing and providing guidance to nationally recognized mortgage lenders and brokers and has worked on all types of federal and state compliance, transactional and litigation matters for the past 20 years. He is also a frequent speaker at various mortgage industry and association meetings across the country.

Mr. Barone is admitted to the Bars of New York State and New Jersey. He is a graduate of the Maurice A. Deane School of Law at Hofstra University, where he served as the Notes and Comments Editor for the Labor and Employment Law Journal.

The NYAMB has recently announced the creation of the NYAMB Compliance Line. The purpose of the NYAMB Compliance Line is to provide members who have questions or concerns regarding residential mortgage compliance matters with an experienced, centralized source of information. Questions called into the Compliance Line will be responded to by Mr. Barone and AGMB’s team of attorneys.

Mr. Barone will also be providing quarterly webinars, which are available to NYAMB members and serve as a frequent contributor to the NYAMB newsletter.

Based in Mamaroneck, New York, NYAMB is a not-for-profit 501(c)(6) trade association established in 1985 and is recognized as the leading state trade organization in the wholesale mortgage industry throughout the state of New York. NYAMB brings mortgage professionals together through its vast array of education and networking events.

“AGMB is a Diamond Member of the NYAMB and it is an honor to serve as Counsel to a wonderful organization of which we have been members for so many years,” Mr. Barone said. “I will use my knowledge and experience in providing the necessary legal guidance in assisting the organization in meeting its mission.”

For more information about the law firm, visit www.agmblaw.com.

BLODNICK FAZIO & ASSOCIATES PC MERGES WITH CLARK’S LAWS, PC TO FORM NEW PRACTICE

Both Firms Will Retain Their Original Locations

GARDEN CITY, NEW YORK —Blodnick Fazio & Associates PC has announced that the firm will merge with Clark’s Laws, PC to form Blodnick Fazio & Clark, PC. Although it is considered a straight partnership, the partners will stay at their current locations. Blodnick Fazio & Associates PC is located at 1325 Franklin Avenue, Suite 555, Garden City, New York. Clark’s Laws, PC is located at 57 West Main Street, Suite 220, in Babylon.

Blodnick Fazio & Associates PC formed in 2010 when Edward K. Blodnick and Thomas R. Fazio combined their individual law practices. The firm concentrates in the areas of business law and commercial transactions; commercial litigation; commercial real estate transactions; estate planning, administration, and litigation; healthcare law; matrimonial law with complex financial issues; and personal injury law.

Formed in 2005, Clark’s Law, PC was formed by James E. Clark, who previously worked as an Associate with a Wall Street law firm before forming his own practice. The firm represents landlords and active real estate investors and homeowners in landlord-tenant matters, commercial and residential real estate transactions, corporate and partnership transactions, litigation and asset protection planning.

“We are proud to join the attorneys at Clark’s Laws, PC in this merger,” said Mr. Fazio. “The two firms complement each other well in the field of real estate law. This partnership will allow us to provide the same high-quality level of service to our clients.”

For more information on Clark’s Laws, PC, call (631) 669-6300 or visit www.clarkslaws.com. For more information on Blodnick Fazio & Associates PC, call (516) 280-7105 or visit www.blodnickfaziolaw.com.

Village of Garden City and Its Police Department Agree to Judgment against Them for Their Treatment of Ronald Lanier, Retired African-American Nassau County Correction Officer, in Civil Rights Case

Officers Racially Profiled Him, Falsely Arrested Him for Shoplifting, Then Proceeded to Verbally and Physically Abuse and Assault Him

HEMPSTEAD, NEW YORK — On May 14, 2018, the Federal District Court entered Judgment against the Village of Garden City in favor of Mr. Ronald Lanier. In response, Frederick K. Brewington of The Law Offices of Frederick K. Brewington confirmed that the Village of Garden City and the Garden City Police Department agreed to have a judgment entered against them in the amount of $150,000 to be awarded to Ronald Lanier, a retired Nassau County correction officer and an African-American, who was verbally and physically abused and assaulted by a two Garden City police officers who falsely accused him of theft and them cuffed him and deprived him of his liberty.

In addition to the settlement, the Defendants will have to pay Mr. Lanier’s legal fees. The amount has yet to be determined.

On November 30, 2016, Mr. Lanier was accosted by members of the Garden City Police Department while shopping in the Western Beef Supermarket in Mineola, New York. He was cursed at, aggressively handled, thrown to the ground, abused verbally and subjected to unreasonable and excessive force by Garden City Police who refused to believe that he had done nothing wrong and was a retired officer of the law. He was approached by no less than four officers who hurled insults at him and acted in an insulting and demeaning manner while they exhibited an uncontrolled level of aggression and vindictive nature. After holding Mr. Lanier against his will, the police realized they had arrested the wrong Black man. Then without apology or any sense of remorse, told Mr. Lanier to go. Even when Mr. Lanier showed a sergeant his badge and credentials, he was not treated with respect or any sense of dignity.

Mr. Lanier filed a Notice of Claim against the village and the police department on December 2, 2016, citing vicious physical abuse, wrongful treatment, violations of his Constitutional rights, false arrest and abuse at the hands of Garden City police officers. Last year, a lawsuit was filed at the United State District Court for the Eastern District of New York in the amount of $40 million. The Defendants denied that they had done anything wrong. That denial is muted in the face of a monetary payment to Mr. Lanier.

“After attempting to have Garden City realize that there was a serious issue here, this Judgment speaks volumes to the fight which Mr. Lanier has had waged for his good name and his well-being.” Mr. Brewington said. “The officers willfully and callously manhandled my client. Profiling him because of his race and color is something that they did and it is something with which Garden City must come to grips. When they realized it was the wrong Black man, they finally released Mr. Lanier without so much as an apology. It was not okay to simply say, ‘You’re free to go’; the failure to immediately realize that they had engaged in a discriminatory act demonstrates the level of training and education that this police force must undergo. Garden City and its police department are being held accountable for their actions. This is just one way of changing unacceptable behavior like racial profiling.”

For more information, call (516) 489-6959 or visit www.brewingtonlaw.com.

Firm Secures Special Permit for New Peloton Fitness Facility in New York City

UNIONDALE, NEW YORK — Sahn Ward Coschignano, PLLC has announced that the Firm successfully represented Peloton in securing a special permit from the New York City Board of Standards and Appeals (BSA) for a new fitness facility dedicated to treadmill-based workouts.

On April 10, 2018, the Firm secured a special permit from the BSA for a new fitness facility located at the corner of Greenwich Street and Christopher Street in the West Village. Peloton’s new location will comprise approximately 12,500 square feet and will house two production studios where it will livestream its new treadmill classes.

The facility is deemed a Physical Culture Establishment under the Zoning Resolution of the City of New York, and requires a special permit from the BSA. The local community board unanimously supported Peloton’s application, and the Firm was able to obtain the special permit in just over seven months.

The matter was handled by Daniel H. Braff, a Member and Partner of the Firm’s New York City Land Use and Development practice. He concentrates his practice in zoning and land use planning, real estate, environmental and corporate law, with a particular emphasis on regulations governing the use and development of real property within New York City.

He provides zoning analyses, counsels clients in connection with development rights transfers (also known as “air rights”), advises on environmental matters, and represents clients before various city agencies, including the BSA, the City Planning Commission, the Department of Buildings and the Landmarks Preservation Commission.

For more information, call (516) 228-1300 or visit www.swc-law.com.

Nassau County Bar Association to Recognize Hon. Edward G. McCabe

UNIONDALE, NEW YORK — Sahn Ward Coschignano, PLLC has announced that The Honorable Edward McCabe, Senior Counsel with the Firm, will be honored by the Nassau County Bar Association at the Association’s 119th Annual Dinner Dance on May 12 at the Marriott Hotel in Uniondale. Justice McCabe will be recognized for his 60 years in the practice of law.

The Judge began his legal career in private practice, and then served as a Nassau County Assistant District Attorney from 1967 to 1970. In 1970, the Judge became Law Clerk for the late Nassau County Supreme Court Justice Bernard Thompson. From 1971 to 1978, he served at the Town of North Hempstead, first as an Executive Assistant to the Supervisor and later as Town Attorney. After serving as Town Attorney, Justice McCabe joined Nassau County as County Attorney.

As County Attorney, Justice McCabe served as Counsel to the County Executive and to the county commissioners and department heads. He also managed the office that was responsible for all the County’s contracts, litigation, real estate, workers’ compensation and general municipal matters. In addition, he served on the Traffic Safety and Youth Boards.

Justice McCabe was elected Nassau County Supreme Court Justice in 1985 and re-elected in 1999. During his tenure on the Supreme Court, Justice McCabe also served for six years as the Administrative Judge of the Nassau County court system. As Administrative Judge, he consulted with the District Attorney to bring a Community Court to Nassau County. In addition, he instituted new programs in the Courts, including Alternative Dispute Resolution, Differentiated Case Management, Early Neutral Evaluation (for matrimonial actions) and established a Commercial Division in Nassau County Supreme Court. After serving as Administrative Judge, he was appointed as Presiding Justice of the Appellate Term of the New York State Supreme Court for the Second Judicial Department, Ninth and Tenth Judicial Districts.

Justice McCabe instituted numerous programs in the Courts in conjunction with the Association for the Help of Retarded Children’s Next Step Program, including a Court floral beautification program and a Law Library project. He also introduced a mammography screening program for prospective jurors with the help of 1 in 9, the Long Island Breast Cancer Coalition and the Nassau County Department of Health, a prostate screening program, and a Juror Blood Donation Program. Jurors summoned to jury duty in Nassau County participated in these programs while serving in the courthouse.

He also served on the Unified Court System’s Alternative Dispute Resolution Advisory Committee of Torts and Education for Judges and Lawyers, the Committee to Promote Public Trust and Confidence in the Court System and the Nassau County Judicial Committee on Women in the Courts. He was named Man of the Year by the Long Beach Lawyers’ Association, the Court Officers’ Benevolent Association and the Fraternal Order of Court Officers.

As an active member of the Firm, Justice McCabe counsels the Firm’s clients, works closely with the attorneys in the Firm, and also mentors the young lawyers in the Firm. Justice McCabe also serves as an arbitrator and mediator and served as the Director of the Paralegal Studies Certificate Program at Hofstra University.

“It is an honor to be recognized by the Bar Association,” Justice McCabe said. “I am proud of my service to Nassau County and look forward to continuing to make contributions to the Firm and the Bar.”

“We congratulate Justice McCabe on being recognized for his sixty years as an attorney, a judge and a mentor,” said Michael Sahn, the Firm’s Managing Partner. “It is an honor having someone with his extensive experience in government and in the courtroom as a member of the Firm.”

For more information, call (516) 228-1300 or visit www.swc-law.com.

Attorney Marketing Blog

Archives: News

James Michael Murphy Becomes Sixth Partner from MHMS to be Elected Chairman of the Nassau Suffolk Trial Lawyers Association

Law Firm Changes its Name to Reflect the Promotion of One of Its Attorneys to Partner

Leading Immigration Attorney Comments on Supreme Court’s Decision Not to Honor Notices to Appear That Do Not Specify the Date and Time of Any Removal Hearings

Abrams Garfinkel Margolis Bergson, LLP Presents BEST Program for Real Estate Professionals

Neil B. Garfinkel Appointed Member of the New York State Real Estate Board

Michael G. Barone Named Counsel to the New York Association of Mortgage Brokers

BLODNICK FAZIO & ASSOCIATES PC MERGES WITH CLARK’S LAWS, PC TO FORM NEW PRACTICE

Village of Garden City and Its Police Department Agree to Judgment against Them for Their Treatment of Ronald Lanier, Retired African-American Nassau County Correction Officer, in Civil Rights Case

Firm Secures Special Permit for New Peloton Fitness Facility in New York City

Nassau County Bar Association to Recognize Hon. Edward G. McCabe

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