#Law Attorney Suffolk County
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888gothurts · 8 months ago
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Law Attorney Suffolk County
In addition to being the Senior Trial Attorney and a founding partner at Levine and Wiss, Joel has been a NFLPA certified contract advisor and has done legal work for many National Football League players including Former New York Jet and Super Bowl 43 MVP Santonio Holmes, Hall of Famer Derrick Brooks of the Tampa Bay Buccaneers, Dallas Cowboys Quarterback and 2016 NFL Rookie of the Year Dak Prescott, and perennial Pro Bowlers Roddy White of the Atlanta Falcons and Patrick Peterson of the Arizona Cardinals.
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longislanddivorce1 · 8 months ago
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Navigating the Complexities of Family Law Divorce: Your Comprehensive Guide
In the realm of family law divorce, emotions run high and complexities abound. Whether you're contemplating a split or already navigating the turbulent waters of divorce proceedings, understanding the ins and outs of the process is paramount. At Family Law Divorce Attorney, we specialize in providing expert guidance and support to individuals traversing this challenging terrain. From how to get a quick divorce in NY to unraveling the mysteries of how long is the divorce process in NY, we are here to demystify the journey and empower you with knowledge.
Understanding Family Law Divorce
The Foundation of Family Law
Family law serves as the cornerstone of legal proceedings surrounding familial relationships, encompassing matters such as marriage, divorce, child custody, and alimony. Divorce, in particular, involves the legal dissolution of a marital union, with each jurisdiction adhering to its own set of laws and regulations governing the process.
The Importance of Legal Representation
In the realm of divorce, emotions often cloud judgment, leading to contentious disputes and prolonged proceedings. Securing the services of a seasoned family law divorce attorney can mitigate such conflicts and streamline the process. With their expertise in negotiation, mediation, and litigation, these legal professionals serve as invaluable allies in safeguarding your interests and advocating for equitable resolutions.
Navigating the New York Divorce Landscape
Expedited Divorce Proceedings
For those seeking a swift resolution to their marital woes, New York offers avenues for expediting the divorce process. Understanding how to get a quick divorce in NY involves meeting specific criteria outlined by the state. Factors such as mutual consent, absence of minor children, and a comprehensive settlement agreement can expedite proceedings, allowing couples to swiftly embark on their newfound paths.
The Duration of Divorce Proceedings in New York
Contrary to popular belief, the duration of divorce proceedings in NY can vary significantly based on numerous factors. From the complexity of financial assets to the level of contention between parties, each case presents its own unique set of challenges. While some divorces may reach resolution within a matter of months, others may extend over several years, underscoring the importance of adept legal counsel and strategic navigation.
Navigating Divorce in Suffolk County
Local Considerations and Regulations
Suffolk County, nestled on Long Island's picturesque shores, boasts its own set of regulations governing divorce proceedings. From filing requirements to courtroom protocols, familiarity with divorce Suffolk County intricacies is essential for navigating the legal landscape effectively. Partnering with a family law divorce attorney well-versed in Suffolk County's nuances can provide a distinct advantage in achieving favorable outcomes.
Mediation and Alternative Dispute Resolution
In an effort to alleviate the burden on the judicial system and foster amicable resolutions, Suffolk County encourages the utilization of mediation and alternative dispute resolution mechanisms. These processes offer divorcing parties a forum for constructive dialogue, facilitating mutually agreeable settlements while circumventing the adversarial nature of traditional litigation.
Empowering You Through Knowledge and Advocacy
In the realm of family law divorce, knowledge is power, and advocacy is paramount. Armed with a comprehensive understanding of the legal landscape and the unwavering support of a seasoned family law divorce attorney, you can navigate the complexities of divorce with confidence and resilience. At Family Law Divorce Attorney, we stand ready to guide you through every stage of the journey, ensuring your rights are protected and your future secured.
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centralisliplawyer · 10 months ago
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jodianndonatolaw · 10 months ago
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follow-up-news · 25 days ago
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Rex Heuermann, the suspect in the Gilgo beach killings, was charged with the murder of a seventh victim in a new superseding indictment released on Tuesday in Suffolk County court. Heuermann was charged with second-degree murder in the killing of Valerie Mack, whose partial remains were found in eastern Long Island in November 2000. “Your honor, I am not guilty of any of these charges,” Heuermann said in court Tuesday, shaking his head no. Mack was a 24-year-old Philadelphia mother and worked as an escort at the time of her appearance. Parts of Mack’s remains were first found in a wooded area of Manorville by a group of hunters, who called 911 and reported the findings. In May 2020, prosecutors used a DNA sample from Mack’s remains and worked with local law enforcement, a genetic genealogist from the FBI, and the Suffolk County crime laboratory to determine the remains belonged to Mack, according to the district attorney’s bail application.
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wedesignyouny · 2 years ago
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ROBERT L. PRYOR PARTNER
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A. SCOTT MANDELUP PARTNER
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NEIL ACKERMAN OF COUNSEL
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STEVEN H. SEWELL OF COUNSEL
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MARK E. COHEN ASSOCIATE
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beardedmrbean · 1 year ago
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The suspect who was arrested on Long Island in connection with a long-unsolved string of killings, known as the Gilgo Beach murders, has been confirmed as Rex Heuermann, according to four senior law enforcement officials briefed on the case.
Suffolk County police, sheriffs and New York State Police gathered outside Heuermann's home all Friday morning. He is expected to be in court later in the day and Suffolk County prosecutors are expected to provide more details on the arrest and the suspect in a Friday afternoon news conference.
Police and other agencies were seen searching the Massapequa Park home of the suspect. They were looking to see if any evidence inside might link Heuermann to the killings.
Not much is yet known about Heuermann but one neighbor who spoke to NBC New York said was born and raised on Long Island and has lived in the Massapequa area his entire life.
Since human remains were found along Gilgo Beach more than a decade ago, the case has drawn immense public attention for many years. The unsolved killings gained even more national interest when they became the subject of the 2020 Netflix film “Lost Girls.”
The deaths of 11 people whose remains were found in 2010 and 2011 have long stumped investigators. Most of the victims were young women who had been sex workers. Several of the bodies were found near the town of Gilgo Beach.
Determining who killed them, and why, has vexed a slew of seasoned homicide detectives through several changes in police leadership. Last year, an interagency task force was formed with investigators from the FBI, as well as state and local police departments, aimed at solving the case.
The formation of the Gilgo Beach task force represents a renewed commitment to investigating the unsolved killings of mostly young women whose skeletal remains were found along a highway on Long Island, Suffolk County Police Commissioner Rodney Harrison said.
“We’re happy to see that they’re finally active, the police, in accomplishing something. Let’s wait and see what it all leads to,” said John Ray, the attorney for the families of two victims, Shannan Gilbert and Jessica Taylor.
In talking about the bodies near Gilgo Beach, investigators have said several times over the years that it is unlikely one person killed all the victims.
News of a suspect being taken into custody comes a day after state police responded to a report of skeletal remains found in a wooded area off the Southern State Parkway in Islip. Police planned a briefing near the site on Friday afternoon. It wasn’t immediately clear if those remains were linked to the Gilgo Beach case.
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Experienced business and real estate attorneys in Queens, NY, providing legal services for individuals and businesses. Led by the top-rated attorney Albert Maimone, our law firm specializes in:
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Our premier law firm, based in College Point, Queens, serves all five boroughs of NYC —Queens, Manhattan, Brooklyn, the Bronx and Staten Island — as well as Nassau and Suffolk counties. Since 2005, Albert has created a strong reputation as one of the top attorneys in NYC.
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tiggymalvern · 14 days ago
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The more details you read, the worse it gets.
Sgt. Lawrence McQuade and precinct officers failed at the scene to ask Mascarella to submit to a breath test that would have provided a preliminary reading of whether he was intoxicated.
After a detective told McQuade that he wanted Mascarella to undergo a preliminary breath test, McQuade notified a Suffolk County Police Benevolent Association delegate. The delegate, Officer Joseph Russo, then drove Mascarella away from investigators, McQuade reported.
Ordered to catch up with Mascarella, Fourth Precinct Officer Kevin Wustenhoff falsely reported to a supervisor that he had given Mascarella the breath test and that Mascarella had passed it, according to a law enforcement source with knowledge of the case. Wustenhoff later retracted the account, the source said.
Three hours after the crash, Deputy Insp. Mark Fisher asked Mascarella to take the breath test. Mascarella refused. When a driver refuses a preliminary breath test, police typically seek a warrant to have the driver’s blood drawn and tested for alcohol. Fisher only issued a traffic ticket to Mascarella.
Police failed to notify the Suffolk County District Attorney’s Office on the night of the crash that an officer had been involved in an unexplained, high-speed rear-end crash, had seriously injured a 2-year-old and had refused a breath test. The omission prevented the DA from considering whether to seek a warrant to test Mascarella’s blood.
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wisslawfirm1 · 23 hours ago
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Personal Injury Lawyer Suffolk County
At Wiss Law Firm, our Long Island & New York City personal injury attorneys understand that, after suffering a personal injury, people need counsel that will be able to help them secure the resources they need to begin their path to recovery. Those who have suffered a personal injury require the advocacy of an attorney who can help them make sense of how to move forward, protect their rights and create real results.
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longislanddivorce1 · 8 months ago
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Mastering the Family Law Divorce Process: Your Ultimate Guide to Success
Navigating the complexities of family law divorce can be overwhelming, but with the right guidance and understanding, you can emerge from this challenging time with clarity and confidence. As seasoned family law divorce attorneys, we recognize the importance of providing valuable insights to individuals seeking to streamline their divorce process. In this comprehensive guide, we delve into the intricacies of divorce in Suffolk County and offer actionable tips on how to get a quick divorce in NY while ensuring your rights and interests are protected every step of the way.
Understanding Family Law Divorce: An Overview
Family law divorce encompasses a range of legal issues surrounding the dissolution of marriage, including asset division, child custody, alimony, and more. Each state has its own set of laws governing divorce proceedings, and New York is no exception. In Suffolk County, couples must adhere to specific regulations outlined by the state to obtain a divorce.
How Long is the Divorce Process in NY?
One of the most common questions we receive from clients is, "How long is the divorce process in NY?" While the timeline can vary depending on various factors, including the complexity of the case and the cooperation of both parties, divorce proceedings typically take several months to finalize. In Suffolk County, couples must satisfy residency requirements and adhere to mandatory waiting periods before their divorce can be granted.
Steps to Obtaining a Quick Divorce in NY
For individuals seeking a quick divorce in NY, it's essential to take proactive steps to expedite the process. Here are some strategies to consider:
1. Collaborative Divorce
Opting for a collaborative divorce can significantly reduce the time and cost associated with traditional litigation. By working together with your spouse to reach mutually agreeable terms, you can streamline the divorce process and avoid lengthy courtroom battles.
2. Mediation
Mediation offers a non-adversarial approach to divorce, allowing couples to negotiate their differences with the assistance of a neutral third-party mediator. This alternative dispute resolution method can help resolve conflicts more efficiently and facilitate a faster resolution.
3. Legal Representation
Seeking guidance from an experienced family law divorce attorney is crucial in navigating the divorce process effectively. A skilled attorney can provide invaluable legal advice, negotiate on your behalf, and ensure that your rights are protected throughout the proceedings.
The Importance of Legal Counsel in Family Law Divorce
While pursuing a divorce without legal representation may seem like a cost-effective option, it can lead to significant challenges and pitfalls down the line. An experienced family law divorce attorney can offer guidance on complex legal matters, advocate for your interests, and help you achieve a favorable outcome in your divorce settlement.
Seeking Guidance
Mastering the family law divorce process requires a combination of knowledge, strategy, and expert guidance. By understanding the nuances of divorce Suffolk County and implementing effective strategies for a quick divorce in NY, you can navigate this challenging time with confidence and emerge stronger on the other side. Remember, seeking the assistance of a qualified family law divorce attorney is essential in safeguarding your rights and interests throughout the divorce process.
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centralisliplawyer · 10 months ago
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yourlocalseo-blog · 3 months ago
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Get Local Clients. How Your Local SEM Can Help Wrongful Death Injury Lawyers ?
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How Your Local SEM Can Help Wrongful Death Injury Lawyers Get Local Clients in Boston, MA
The legal market in Boston, MA, is highly competitive. Wrongful death injury lawyers require a strategic approach to get Local Clients. This helps them connect with potential clients. Local Search Engine Marketing (Local SEM) is an essential tool. It helps you stand out and attract the right audience. Q1: How Can Local SEM Help My Firm Reach Potential Clients in Boston, MA? Answer: Local SEM allows you to target potential clients based on their specific location and search behavior. Focus on Boston-specific keywords. Use geo-targeted ads. Your firm can appear at the top of search results when someone in Boston searches for a wrongful death lawyer. This ensures that your ads reach people who are actively seeking legal assistance in the exact area you serve. Key Strategies: - Targeted Keywords: Use terms like “Boston wrongful death lawyer” and “wrongful death attorney in Suffolk County” to capture high-intent searches. - Geo-Targeting: Focus on neighborhoods like Beacon Hill and Back Bay. Also, target areas near major medical centers. Potential clients might be located there. Q2: How Can I Ensure My Ads Stand Out in Boston’s Competitive Market? Answer: To stand out in Boston’s crowded legal market, you need to create ad copy. This ad copy should connect emotionally with potential clients. It’s important for this connection to happen. Highlighting your specific expertise in Massachusetts wrongful death law is essential. Additionally, showcasing testimonials from past clients can build trust and differentiate your firm from competitors. Key Strategies: - Compelling Ad Copy: Use language that conveys empathy. Show a commitment to justice. For example, use phrases like “Seeking Justice for a Loved One? Our Boston Wrongful Death Lawyers Are Here to Help.” - Client Testimonials: Include reviews and success stories in your ads. This helps build credibility. It also shows your proven track record in handling wrongful death cases. List 1: Essential Local SEM Tactics for Boston Wrongful Death Lawyers - Optimize for Mobile Searches: Many potential clients in Boston will search for legal help on their smartphones. Ensure your SEM campaigns are mobile-friendly with easy-to-click call buttons like “Call 855-515-5544 Now for Immediate Help.” - Retargeting Campaigns: Stay top-of-mind with potential clients who have visited your website but haven’t contacted you. Retargeting ads can remind them of your services and encourage them to reach out. List 2: Why Local SEM is Critical for Wrongful Death Lawyers in Boston - Localized Expertise: Highlight your knowledge of Massachusetts wrongful death law in your ads. This positions you as an expert in the field. It makes you more appealing to potential clients. - Focus on High-Impact Areas: Geo-targeting enables you to focus your advertising efforts on areas of Boston. These are the areas where you're most likely to find clients. This approach makes your campaigns more efficient and cost-effective.
Conclusion
Effective strategies for targeting local customers include using geo-targeting in online ads, local SEO optimization, and community engagement initiatives. By leveraging Local SEM with a focus on Boston-specific keywords, wrongful death injury lawyers can reach local clients. Using compelling ad copy and strategic targeting helps in converting them effectively. Your firm can stand out in the competitive Boston market. You can achieve this through targeted mobile ads, geo-targeting, or retargeting strategies. You will become the trusted choice for those seeking justice. Read the full article
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bllsbailey · 4 months ago
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'Meth-Prescribed' Long Island Mother Who Killed Child In Wrong-Way Crash Has License Suspended For 57th Time, Denied Bail
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During her arraignment on Wednesday afternoon, prosecutors revealed that a mother from Long Island who is accused of killing her young son in a wrong-way crash while “high on methamphetamines” has now had her license revoked for the 57th time.
Following Kerri Bedrick’s arraignment, in which she entered a not guilty plea to murder charges, Suffolk County Judge Richard I. Horowitz ruled that the 32-year-old’s driver’s license would be suspended until the case was resolved and detained her without bond privilege.
When Bedrick drove the wrong way on the Southern State Parkway at 2:15 a.m. on August 22nd, causing a four-car collision that killed her 9-year-old son, investigators stated that her license had already been revoked 56 times, making this the 57th.
When a deputy sheriff first saw Bedrick driving the wrong way, he attempted to pull her over, but she accelerated faster and drove around the deputy’s car, according to the prosecutors.
As she hit 100 miles per hour into oncoming traffic in eastbound lanes, the deputy followed her for more than five miles in a westbound lane from a safe distance, according to the prosecution. Eventually, according to the district attorney’s office, Bedrick’s car hit other vehicles so hard that her engine launched into the woods.
Eli D. Henrys, her 9-year-old son, was discovered unconscious in the 2022 Mitsubishi Eclipse’s backseat. He subsequently passed away from his wounds in the hospital.
Prosecutors claim that after the crash, authorities discovered a prescription bottle inside the defendant’s car with the label ripped off, “seemingly proving” she was under the influence when the defendant went on her driving rampage.
Last month, Suffolk Assistant District Attorney, Laura Newcombe, claimed that the driver allegedly told police that the night before the fatal collision, at around 8 p.m., she had taken methamphetamines. However, her lawyer claims that she was prescribed them. It is unclear if he was referring to the drugs Desoxyn, Adderall, or something else. Drugs of that nature typically treat individuals who suffer from Attention-deficit/hyperactivity disorder (ADHD) or narcolepsy.
She is charged with murder as well as manslaughter, aggravated vehicular homicide, and other connected offenses, such as aggravated unlicensed operation of a motor vehicle.
Prior to the collision, Bedrick’s license had already been suspended 56 times on eight separate days. On Wednesday, she received yet another suspension. State law also permits a driver to receive several suspensions in a single day for a variety of reasons.
The several charges, according to Suffolk County District Attorney Raymond Tierney, show “the severe nature” of the crime, which he also described as a “heinous act.”
“The loss of life in this incident, particularly that of a young child, is heartbreaking,” Tierney said in a statement.
Meanwhile, Bedrick’s attorney, Scott Zerner, labeled the incident a “tragic accident.”
“No one on this planet is more upset about it than she is,” he told reporters. “She suffers from ailments and has been prescribed the methamphetamine properly by a doctor, and she was not under [the] influence of any alcohol or any non-prescription drug that she was not prescribed.”
After the crash, while Bedrick’s son was being rushed to the hospital, she and the other two drivers received medical attention for their injuries.
The negligent mother, whose next court appointment is October 22nd, faces a maximum sentence of 25 years to life in prison if proven guilty of the top count. She is being held without bail.
The deceased boy’s grandmother, Diane Bedrick, has set up a GoFundMe to pay for his funeral costs.
“We have asked for help with Eli’s funeral expenses here. But also if you prefer Eli and his Mom loved to foster animals from the shelter. Donations can also be made to your local shelter or wildlife refuge,” the grandmother posted.
Kerri Bedrick pleaded not guilty and faces 25 years to life in prison she is accused of driving in the wrong direction high on drugs on Long Island and killing her nine year old son. The story @1010WINS. pic.twitter.com/kDFdvyyRDT— sophia_b_hall (@sophiabhall1) September 4, 2024
Kerri Bedrick, charged in a wrong way crash that killed her 9-year-old son, is taken by state Police into custody on charges of driving while impaired by drugs pic.twitter.com/uH6RGMySRM— John Asbury (@JohnAsbury) August 22, 2024
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beardedmrbean · 2 years ago
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WASHINGTON (AP/Boston25) — The top federal prosecutor in Massachusetts, who has announced her resignation, tried to influence the outcome of a race for Boston’s district attorney and violated multiple policies, the Justice Department’s internal watchdog said in a report released Wednesday.
Senator critical of Rachael Rollins issues new statement following news of resignation
The inspector general’s 161-page report alleges a broad array of misconduct by U.S. Attorney Rachael Rollins, who previously served as district attorney for Suffolk County, which includes Boston. It accuses her of disclosing to a journalist nonpublic information about a possible Justice Department investigation, soliciting and accepting 30 free tickets to a Boston Celtics game, and accepting payment from a sports and entertainment agency for travel and means.
It is the most scathing public condemnation in recent years of a U.S. attorney, a prestigious federal post that has occasionally served as a springboard to higher office. The report alleges not only repeated instances of misconduct and poor judgment by Rollins but also efforts to mislead Justice Department investigators during interviews in advance of the report.
The report stated, “The leak was an extraordinary breach of public trust by a senior government official, which threatens to erode confidence in the integrity of federal law enforcement actions. And her decision to attend a political party fundraiser in her official capacity as U.S. Attorney is directly contrary to one of the central purposes of the Hatch Act—to avoid even the appearance that the federal government is being used to promote a political party or its candidates. Ms. Rollins’s multiple knowing, willful, and serious violations unquestionably warrant disciplinary action.”
The watchdog said Rollins used her position to try to influence last year’s race for the Democratic nominee Suffolk County District Attorney by providing potentially damaging information to the media about her successor, District Attorney Kevin Hayden, while supporting his political rival.
The report said that while serving as U.S. attorney, Rollins helped Hayden’s rival, Ricardo Arroyo, by “providing him campaign advice and direction and coordinating with Arroyo on activities to help his campaign.”
Rollins tried to convince her top deputy to release a letter implying that the department was investigating Hayden, according to the report. When that failed, she leaked sensitive department information to The Boston Herald in an effort to tank his candidacy, the report said.
When asked about that under oath in an interview with the inspector general’s office, Rollins falsely denied being the source, the report said. She only admitted to it after being confronted with text messages showing she was the source o the leak.
Rollins’ lawyer told The Associated Press on Tuesday that Rollins will resign by the end of the day on Friday, saying she “understands that her presence has become a distraction.”
The AP was the first to report in November that the inspector general’s office had opened an investigation into Rollins over her appearance last July at a Democratic National Committee fundraiser. The AP reported that the probe had expanded to examine other issues, such as Rollins’ potential use of her personal cellphone for Justice Department business.
It’s an extraordinary rebuke of a top law enforcer who twice needed Vice President Kamala Harris to cast a tiebreaking vote to be confirmed as U.S. attorney amid stiff Republican opposition.
“I’m deeply concerned by Ms. Rollins’s misconduct, as detailed in the Inspector General’s and Special Counsel’s reports, and support her immediate resignation,” said Democratic Sen. Dick Durbin of Illinois, chairman of the Senate Judiciary Committee.
It’s exceedingly rare for a U.S. attorney to resign amid ethics concerns, and Rollins’ move is an embarrassment for the Justice Department under Attorney General Merrick Garland, who pledged to restore its reputation for political independence after tumultuous years under Republican President Donald Trump.
The inspector general’s investigation began last year after Sen. Tom Cotton. R-Ark., who had tried to block her confirmation, urged the watchdog to examine whether Rollins’ appearance at the fundraiser at a home in Andover, Massachusetts, violated the Hatch Act, a law that limits political activity by government workers.
Rollins, who served just 16 months as a U.S. attorney, has been under investigation for the majority of that time. She acknowledged during a meeting with reporters in December that her first year as U.S. attorney had been “bumpy” and that she was “still learning the system.”
She was the first woman of color to become a district attorney in Massachusetts and the first Black woman to serve as the U.S. attorney in Massachusetts.
Her lawyer, Michael Bromwich, a former Justice Department inspector general, said in a statement to the AP on Tuesday that Rollins was “profoundly honored” to have served as U.S. attorney and “incredibly proud of all her office has accomplished during that limited time, especially in the areas of gun violence and civil rights.”
He said Rollins was “optimistic that the important work she started will continue but understands that her presence has become a distraction.”
Two people briefed on the inspector general’s investigation told the AP last year that it was also examining Rollins’ use of her personal cellphone and a trip that she took to California that was paid for by an outside group. The people spoke on the condition of anonymity because they were not authorized to publicly discuss the investigation.
In response to a Boston Herald article from July raising questions about her appearance at the fundraiser, Rollins said in a tweet that she “had approval” to meet first lady Jill Biden and that she left the event early to speak at two community events, adding “nice try though.” One person familiar with discussions before that event, however, told the AP that Rollins was only given limited permission to meet Biden outside the home.
‘Bizarre’ encounter between DA Rollins and 25 Investigates comes up during Senate hearing
In addition to examining the fundraiser, the inspector general’s office copied the phone contents of some employees in Rollins’ office as part of their examination of Rollins’ possible use of her personal phone for department business, the AP has reported.
Rollins was elected Suffolk County District Attorney in 2018, defeating the candidate backed by the longtime incumbent and by police groups and becoming the Democratic nominee as part of a wave of progressive prosecutors.
As district attorney, she pledged to fight mass incarceration and racial disparities in the justice system and was outspoken about the need for police reform in the wake of high-profile killings of people of color by law enforcement across the United States. She also pushed ambitious criminal justice changes, most notably a policy not to prosecute certain low-level crimes such as shoplifting.
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news-24press · 3 years ago
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FRITCH v. BRON IBNY 2264 LLC 1000 (2021)
Supreme Court, Suffolk County, New York.
Maureen FRITCH, Plaintiff, v. Igor BRON, Rita Bron, Richard Sajiun, Sajiun Electric, Inc., Joseph Fusco, G & G Electric Supply Co. Inc., Cristina Ciobanu, Howard Lindsay, Intake Electrical Contracting Corp., Yelena Plyumyanskaya, Arkadiy Berdichevskiy, Sergejs Berlevs, Roman Bodnarchuk, IBNY Management Inc., 2264 65th Street Properties, LLC & John Doe “1” Through John Doe “1000,” Defendants.
Index No. 605622-21
Decided: November 10, 2021
WELBY, BRADY & GREENBLATT, LLP, Attorneys for Plaintiff, 11 Martine Avenue, 15th Floor, White Plains, New York 10606 GLENN AGRE BERGMAN & FUENTES LLP, Attorneys for all named Defendants other than G & G Electric Supply Co. Inc. and Joseph Fusco, 55 Hudson Yards, 20th Floor, New York, New York 10001
It is,
ORDERED that this motion by the plaintiff for an order of attachment is denied.
The gravamen of the complaint is that the defendant Igor Bron, aided and abetted by the defendants Rita Bron, Richard Sajiun, and Sajiun Electric, Inc., diverted corporate assets and opportunities from E. Electrical Contracting, LLC (“EEC”), which is owned by the plaintiff (51%) and Mr. Bron (49%). The plaintiff's chief claims against the Brons, Richard Sajiun and Sajiun Electric, Inc., are for fraud and aiding and abetting fraud, for breach of fiduciary duty and aiding and abetting breach of fiduciary duty, and for unjust enrichment. The plaintiff moves for an order of attachment.
To obtain an order of attachment, the moving party must demonstrate through affidavit or other written evidence (1) the existence of a cause of action for a money judgment, (2) a probability of success on the merits, (3) the existence of one or more grounds enumerated in CPLR 6201, and (4) that the amount demanded from the defendant exceeds all counterclaims known to the plaintiff (see, CPLR 6212 [a]; Ford Motor Credit Co. v. Hickey Ford Sales, Inc., 62 N.Y.2d 291, 301, 476 N.Y.S.2d 791, 465 N.E.2d 330). Because attachment is a harsh remedy, CPLR 6201 is strictly construed in favor of those against whom it may be employed (651 Bay St., LLC v. Discenza, 189 A.D.3d 952, 953, 137 N.Y.S.3d 374; Sylmark Holdings Ltd. v. Silicone Zone Intern. Ltd., 5 Misc. 3d 285, 300-301, 783 N.Y.S.2d 758).
The plaintiff seeks an order of attachment against the defendant Richard Sajiun on the ground that he is a nondomiciliary residing in Florida. Pursuant to CPLR 6201 (1), a court may order an attachment when the defendant is a nondomiciliary residing without the state. This provision serves two independent purposes: (1) obtaining jurisdiction over a nonresident and (2) providing adequate security for a potential judgment against a nonresident when there is an identifiable risk that the defendant will not be able to satisfy any judgment (Id. at 301, 783 N.Y.S.2d 758). CPLR 6201 (1) is not available if the defendant is either a domiciliary or resident of New York (Rayo v. Vitale, 38 Misc. 3d 1211[a] at *9, 2012 WL 6869798). Thus, a nondomiciliary may contest his amenability to attachment by arguing that he maintains some sort of residence within New York (Id., citing Alexander, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C6201:1).
Richard Sajiun has submitted an affidavit in which he avers that he resides in Suffolk County and works in New York City. The record reflects that he was served in Hampton Bays, New York, and that he has appeared in the action. Thus, jurisdiction has been obtained over Mr. Sajiun, and first purpose of attachment has been satisfied (see Sylmark Holdings Ltd., supra). With respect to the second purpose, the plaintiff contends that the Sajiun residence was sold below market value and that Mr. Sajiun removed the proceeds of the sale from New York to Florida. The plaintiff's contention that the Sajiun residence was sold below market value is based on a Zillow listing (not a affidavit from a real-estate appraiser), which reveals that the property sold for $2,300,000 in June 2021, only 3% below its estimated value of $2,371,800. Moreover, the plaintiff's contention that Mr. Sajiun took the proceeds of the sale to Florida is based upon information and belief. That the affidavits in support of an attachment contain allegations raising a suspicion of an intent to defraud is not enough (651 Bay St., LLC, supra). The mere removal, assignment, or other disposition of property is not grounds for attachment (Id.). Accordingly, the plaintiff has failed to demonstrate a real identifiable risk that Richard Sajiun will be unable to satisfy any judgment obtained by her (see Sylmark Holdings Ltd., supra).
The plaintiff also seeks an order of attachment against the defendants Igor Bron, Rita Bron, Richard Sajiun, and Sajiun Electric, Inc., pursuant to CPLR 6201 (3). Under this provision, the plaintiff must demonstrate: (1) that the defendants have assigned, disposed of, encumbered or secreted their property or removed it from the state or are about to do any such acts and (2) that the defendants have acted or will act with the intent to defraud their creditors or to frustrate the enforcement of a judgment that may be rendered in the plaintiff's favor (Id. at 301, 783 N.Y.S.2d 758).
The plaintiff attempts to demonstrate the defendants’ fraudulent intent by relying on the same allegations as underlie the complaint. Proof that a defendant committed the underlying unlawful acts is not, by itself, sufficient to establish a ground for attachment (NV Petrus SA v. LPG Trading Corp., U.S. Dist. Ct., E.D. N.Y., Aug. 22, 2016, Kuo, MJ, 2016 WL 11469718 at *5), nor is the transfer of the Bron residence to a family trust in 2017, long before this action was commenced. As previously noted, the mere removal, assignment, or other disposition of property is not grounds for attachment (651 Bay St., LLC, supra), and there are reasons to transfer property to a family trust other than to defraud creditors or to frustrate the enforcement of a judgment. Moreover, the plaintiff's allegations of fraudulent concealment of assets are based on information and belief. As previously noted, allegations raising a suspicion of an intent to defraud are not enough (Id.). Vague and conclusory allegations without evidentiary facts are insufficient for prejudgment attachment (see Sylmark Holdings Ltd., supra at 302, 783 N.Y.S.2d 758). Accordingly, the court finds that the plaintiff has failed to establish that one or more grounds for attachment provided in CPLR 6201 exist.
The plaintiff has also failed to establish a probability of success on the merits of her claims, which is necessary to obtain an order of attachment. First, the plaintiff's allegations plead a wrong to EEC for which the plaintiff may sue derivatively, but not individually (see Abrams v. Donati, 66 N.Y.2d 951, 953, 498 N.Y.S.2d 782, 489 N.E.2d 751). Second, the fraud cause of action alleges Mr. Bron entered into certain agreements with the plaintiff without any intention of honoring them. A mere misrepresentation of an intent to perform under a contract is insufficient to sustain a cause of action to recover damages for fraud (Gorman v. Fowkes, 97 A.D.3d 726, 727, 949 N.Y.S.2d 96). Third, the breach-of-fiduciary-duty cause of action alleges that Mr. Bron breached his fiduciary duty to the plaintiff. However, as the managing member of EEC, it was the plaintiff who owed a fiduciary duty to Mr. Bron (see Kalikow v. Shalik, 43 Misc. 3d 817, 823-826, 986 N.Y.S.2d 762). Fourth, the existence of the EEC Operating and Amended Operating Agreements defeats the unjust-enrichment cause of action (Id. at 217). Finally, in the absence of viable fraud and breach-of-fiduciary-duty causes of action, the aiding-and-abetting causes of action fail. Accordingly, the motion is denied.
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