Mary Fisher joins Lacy Katzen LLP
Mary V. Fisher, Esq., is a graduate of Goucher
College (B.A., 1964), the University of Rochester School of Medicine and
Dentistry (M.S., 1972) and Cornell Law School (J.D. cum laude, 1979).
Ms. Fisher was admitted to the New York State Bar in 1980 and became an
associate at the law firm of Mousaw, Vigdor, Reeves, Heilbronner & Kroll,
Rochester New York at that time. She
joined the firm as a partner in 1987. On January 1, 1995, Mousaw, Vigdor,
Reeves, Heilbronner & Kroll merged with Boylan, Brown, Code, Vigdor &
Wilson, LLP, and she became of counsel to Boylan, Brown. On January 1, 2012, she joined Lacy Katzen
LLP.
Ms.
Fisher has concentrated her practice in the areas of estate and tax planning,
and estate and trust administration. She has lectured to professional and lay
groups on various topics including use of the revocable living trust, methods
of planned giving, estate tax planning, and New York Living Wills and Health
Care Proxies. She is a member of the Monroe County Bar Association, Greater Rochester
Association for Women Attorneys, and the New York State Bar Association; and of
the Trusts and Estates Sections of Monroe County and New York State Bar
Associations. She is a member of the Executive Committee of the Trusts and
Estates Section of the Monroe County Bar Association. She is also a member of
the Estate Planning Council of Rochester.
Ms.
Fisher's civic affiliations include Member, Board of Directors of Sojourner Development
Corporation and Member and President of Monica Housing, LLC; Member, Board of
Directors of Rochester Contemporary, Inc.; Member and Secretary, Board of
Directors of the Highland Park Conservancy; Planned Giving and Endowment Committees of
several local not-for-profit corporations; and Committees of the Rochester Area
Community Foundation. She is a former
member of the Board of Directors of Sojourner Hall for Women.
Court of Appeals Ruling Provides New Recourse for Investors
On December 20, 2011, New York State's highest court, the Court of Appeals changed decades of case law in a decision that should have far reaching and long-lasting implications for both investors and securities firms and advisers. In Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Mgt.,a unanimous Court ruled that plaintiff's common law claims for breach of fiduciary duty and gross negligence are not preempted by the Martin Act, New York's "blue sky" law enforced by the Attorney General, which - in many state investment fraud cases - many had long viewed as the sole recourse available to aggrieved investors. In its decision, the Court made clear that while the Martin Act does not create private causes of action, it also does not preclude them. Reviewing its prior decisions, the Court specifically stated that:
a private litigant may not pursue a common-law cause of action where the claim is predicated solely on a violation of the Martin Act or its implementing regulations and would not exist but for the statute. But, an injured investor may bring a common-law claim (for fraud or otherwise) that is not entirely dependent on the Martin Act for its viability. Mere overlap between the common law and the Martin Act is not enough to extinguish common-law remedies.
If you have questions about this decision or its implications, feel free to contact John Refermat directly at 585-324-5762
Client prevails at Trial and on Appeal
In a case with important, statewide implications for real property taxation, the nonprofit sector and exemption law, the Appellate Division, Third Department recently affirmed the St. Lawrence County Supreme Court's finding that eight properties owned by Lacy Katzen client, the Association for Neighborhood Rehabilitation, Inc. (ANR) are exempt from real property taxes. The decisions are reported at 24 Misc.3d 1206(A), 889N.Y.S.2d 504and 81 A.D.3d 1214,917 N.Y.S.2d 734, respectively. Based in Ogdensburg, New York, ANR is a nonprofit whose mission is to provide safe, affordable housing to individuals and families at risk of homelessness. In opposing ANR's request for exemption, the City of Ogdensburg and the Ogdensburg City School District argued that ANR's properties should not be exempt because (1) the rents charged were not"charitable," as ANR received subsidies that raised rents received to market value and not all ANR tenants were subsidized; and (2) ANR does not provide substance abuse treatment or other "social services" to its tenants.Trial was held in September of 2008 before Honorable David Demarest in St.Lawrence County Supreme Court. In 2009, Justice Demarest found in ANR's favor, holding that eight of the ten parcels at issue were exempt, resulting in more than $125,000 in refunds and interest for tax year 2004 alone. One witness called by the City and School at trial was a professional appraiser who had prepared a "Rent Comparability Study;" the appraiser testified that ANR received market rents for at least nine of the ten properties. Interestingly, although the only "expert"witness" on the issue of rental rates was called by the City and School (ANR relied on documentary evidence of rent received and the high percentage of subsidized tenants), Justice Demarest held that the subsidized rents "must be considered below market." In denying that ANR provides charitable services, the City and School asserted that ANR does not itself provide social services to tenants, nor does it require - as was the case in a recent Court of Appeals decision - as a condition of residency that ANR tenants receive such services elsewhere. Justice Demarest held that this distinction was immaterial, concluding that there "is little doubt that the population served by ANR would be unable to function in society without the safe and affordable housing and the support provided by making services in the community known and accessible." On their appeal, the City and School argued,among other things, that principles recently articulated by the State's highest court – the Court of Appeals – supported denying the exemptions. Earlier this year, following oral argument in Albany, the Appellate Division rejected these claims and affirmed the exemptions in their entirety. Despite facing the City's and District's far greater resources, ANR prevailed at trial and on appeal thanks to its perseverance and the Supreme Court's and Appellate Division's sound, careful application of the law to the facts. Ultimately and most importantly, these decisions benefit those throughout New York State who need safe, affordable housing and other charitable services. If you have questions about exemptions or any other real property tax issue, please contact John Refermat at (585) 324-5762 or jrefermat@lacykatzen.com
A Life Well Lived - a community served
On behalf of Lacy Katzen LLP, we are announcing the retirement of Michael Schnittman. Over the years our partner, Mike Schnittman, has worked long and hard for our organization. He has taken a step forward in life and will be retiring effective July 1st from the Firm. Mike has always been an advocate for the client. He is well versed in the Law; often called upon to provide counsel to other Attorneys.
Mike was recognized in 2010 with a nomination for the Nathaniel Award and recognized with an award for Leaders in the Law. He served as President of the Volunteer Legal Services Project (VLSP) for two years and continues on that Board as an enthusiastic supporter. He has been an active member of the Monroe County Bar Association, as Chair of the Professional Performance Committee, a Member of the Board of Trustees, Lawyers Concerned for Lawyers, the Judiciary Committee, and the Executive Committee. Mike has also served the community doing pro bono Law work, tutoring through the Monroe County Bar Association Lawyers for Learning Program, and raising funds for Volunteer Legal Services Project.
Mike looks forward to spending extra time with his wife, children and grandchildren. We wish him the best of luck with his future endeavors. Mike will continue with Lacy Katzen LLP as Of Counsel to the Firm, leaving the Collections and Creditor's Rights Department in the very capable hands of Mark Stein, Frank Fabiano , Matt Ryen, John Wells, David MacKnight and Lou Ryen (and a very competent staff).
We will always share fond memories of Mike's YEARS here. We will remember what he has done for the Firm and our Clients. In 2011 we will honor Mike's dedication to Volunteer Legal Services Project by making that organization our primary charitable beneficiary.
Lacy Katzen LLP is proud to welcome John M. Wells as an Associate to the firm
Mr. Wells practices in the areas of Commercial Litigation and Civil Litigation. He has represented clients in medical malpractice claims,personal injury claims, social security disability and worker's compensation claims. He is admitted to practice in New York State and is a member of NewYork State Bar Association and Cattaraugus County Bar Association.Mr. Wells graduated Cum Laude from the State University of New York at Buffalo Law School where he received his Juris Doctorate degree. He also attended St. Bonaventure University where he received his undergraduate degree.$0$0Mr. Wells has served as a guest instructor for St. Bonaventure University's mock trial team and as a guest lecturer at Olean Business Institute. Mr.Wells also served as a trustee for the Village of Cuba, New York.
Craig Welch quoted about new cell-phone while driving penalties
Craig Welch was quoted in an article published in the Rochester Democrat & Chronicle on April 3, 2011 regarding the increased penalties for cell-phone while driving tickets. To read the article in its entirety, please click here.
Lisa Arrington Partners With "The Money Doctors"
Lisa Arrington was the guest speaker at two sold out elder law seminars in March sponsored by the Commonwealth Financial Group, also locally known as "The Money Doctors". Hosted by Chuck LaRocco of Commonwealth Financial Group, the "Dispel the Myth of Medicaid" seminars were attended by more than 200 people and focused on medicaid planning and asset protection. Lisa has also appeared on "The Money Doctors" popular Sunday morning radio talk show on 1180 WHAM. If you missed any of Lisa's appearances and would like more information, please contact Lisa at 585-454-5650.
Managing Partner Peter Rodgers Featured in Rochester Business Journal Article
Peter Rodgers, managing partner of Lacy Katzen LLP, was quoted in the January 14, 2011 article in the Rochester Business Journal entitled, "Role of Managing Partner Evolves to Include Leadership." The article discusses the ever-changing role of the managing partner in small to medium sized law and accounting firms. Mr. Rodgers said, "the role of the managing partner is essentially that of a CEO. I think it is important for a managing partner to understand and be aware of the details, of the operational details, of the professional service business." Mr. Rodgers has been the Firm's managing partner since 1998.
To read the article in its entirety, please click here.
Nuts and Bolts of an Article 7 Proceeding Presentation
John Refermat recently lectured at a continuing legal education seminar for the Monroe County Bar Association, entitled "Nuts and Bolts of an Article 7 Proceeding, Challenging a Tax Assessment". Dan Bryson, Chairman of the Bar Association's Municipal Law Group chaired the panel discussion,
Daffodil Days are the First Sign of Spring
With the bitter cold and endless snow, it may not be easy to think about spring. But that is exactly what Tracy Mastrangiola wants members of the firm to do. She is the coordinator of Lacy Katzen's participation in the American Cancer Society's annual Daffodil event. Daffodil Days is one of the American Cancer Society's longest-running fund-raising events and Tracy has coordinated the firm's efforts for the past eight years. Thank you Tracy for your dedication and commitment!
Lacy Katzen Continues Tradition Of Delivering Donations For The Holidays
As part of our commitment to give back to the community, Lacy Katzen recently collected holiday food and cash donations for two local organizations to assist in the fight against hunger.
The firm delivered more than 30 bags of groceries to the Rochester Family Mission plus a check totaling $896 to the Rochester Foodlink Chapter. The donations were the result of volunteer efforts of attorneys and staff led by Jennifer Chadwick, Marianne Bailey and Kerry Vargulick.
"So many families in our community need assistance this time of year," said Chadwick, a partner in Lacy Katzen's Corporate Department who has coordinated this effort for the firm for more than ten years. "We are thrilled to have collected so much for so many in need."
For more information on how you too can donate, please visit http://www.rochesterfamilymission.com and http://www.foodlinkny.org. The donation to Foodlink was the result of an auction held during the holiday party. Partner Michael Schnittman was our auctioneer, assisted by Jen Dixon and holiday party team members Marie Jones and Kerry Vargulick.
Estate Planning Presentation Given
Terrance W. Emmens presented a lecture on the basics of estate planning to approximately 120 HSBC financial advisors and financial executives at the Doubletree Hotel on Jefferson Road, in Rochester, New York on November 17, 2010. The seminar included a review of the estate planning landscape if Congress fails to act and the Bush estate tax cuts sunset on December 31, 2010. Visit lacykatzen.com for future events.
Matthew Ryen Honored
Matthew Ryen is being honored with the 2011 JCC's Young Leadership Award, "who has exhibited personal commitment, strong leadership qualities, and dedicated involvement in the Jewish Community Center of Greater Rochester and its programs".Matthew Ryen has recently become a Trustee of the Max Adler charitable foundation.
Jacqueline Thomas Lecturers Attorneys and Nurses
In October Jacqueline Thomas presented a lecture on Disclosure at a seminar for attorneys entitled "Precedents & Statutes for Personal Injury Litigators, 2010 Annual Update" sponsored by the New York State Academy ofTrial Lawyers. Ms. Thomas also lectured at the University of Rochester School of Nursing on the topic of medical malpractice.
Mark Stein joins Delphi Board
Mark Stein has been honored with being on the Board of Directors of Delphi Drug & Alcohol Council, Inc. for 10 years of service. Delphi is a not-for-profit agency that provides prevention education, school-based counseling, out-patient treatment and the domestic violence and abuse courses for individuals.
Lacy Katzen, LLP named to Best Law Firms in America List
Lacy Katzen LLP, Attorneys at Law, a full service Rochester, NY law firm, was cited as one of the 2010 Best Law Firms in America by U.S. News Media Group and Best Lawyers. The firm was honored with a national first-tier ranking in the Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law practice area, and a second-tier ranking in Corporate Law and Medical Malpractice Law - Plaintiffs. Results are posted online at www.usnews.com/bestlawfirms, and the national first-tier rankings was featured in the October print issue of U.S.News & World Report.Read More about the Lacy Katzen's honor
No-Fault Divorce Update
After many years of opposition, New York State has adopted a law permitting "no-fault" divorce, making New York the last state permitting no-fault divorce in one fashion or another. The no-fault law, together with other new laws impacting divorces (see below), are now in effect for new divorce actions. It does not apply to any action commenced prior to the effective date. Read More about no fault divorce in New York
Peter T. Rodgers named to Million dollar Advocate Forum
Peter T. Rodgers has been certified and named to the Million Dollar Advocate Forum- The Top Trial Lawyers in America. This is one of the most prestigious groups of trial lawyers in the United States. Less than 1% of U.S. lawyers are members. Membership is limited to attorneys who have won million and multi-million dollar verdicts and/or settlements. Each member of this forum has demonstrated their ability to accomplish superior results in complex cases.
John Refermat participates in inaugural Trial College
Lacy Katzen partner John Refermat recently participated in the inaugural Trial College of the American Board of Trial Advocates (ABOTA), held in early June on the campus of Princeton University. The College included four days of intense instruction on trial techniques from ABOTA members, both plaintiff's and defense counsel, from around the nation, including five former ABOTA National presidents, and notable judges.