SENIOR CITIZENS LAW DAY - 

Bill Pfeiffer will be presenting at this year’s Senior Citizen’s Law Day on April 21, 2012.  Bill will be speaking on the topic of Family Health Care Decisions Act.

BOOTCAMP SEMINAR

On Saturday, February 11, 2012 William D. Pfeiffer will host a “Elder Care/Long Term Care Bootcamp” seminar.  The seminar will be held at the offices of Girvin & Ferlazzo, P.C. from 10:00 a.m. to 12:00 p.m. 

ANNUAL CONFERENCE

February 19th – 22nd, 2012 the Association of Towns Annual Conference will be held at the Hilton, NY in New York City.  Jay Girvin has been invited to present at the conference.

INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION FOR HUMAN RESOURCES

On March 19, 2012, Scott P. Quesnel will be presenting to the Albany-Capital Region Chapter IPMA-HR on the topic of the “Family and Medical Leave Act”.

SAL FERLAZZO TO PRESENT AT 53rd ANNUAL NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS

A conference and exhibition are being held January 9 – 11, 2012 at the Saratoga City Center in Saratoga Springs, NY.  On January 9, Sal Ferlazzo presented a program entitled “Adverse Possession in New York State”.  You can click on the link below to access the Adverse Possession Presentation.                     Adverse Possession

Girvin & Ferlazzo, P.C.  Involved in Federal Litigation Regarding DePuy ASR Hip Replacement Systems

In August of 2010, DePuy Orthopaedics, Inc. a division of Johnson & Johnson, issued a voluntary recall of two of its ASR Hip Replacement Systems.  These hip replacement systems were implanted in patients, some of whom received implants on both the right and left sides.  Many of those individuals have been required to undergo revision surgeries to have the recalled implant or implants removed and replaced.

Girvin & Ferlazzo, P.C. is currently attorney of record against DePuy Orthopaedics, Inc., and its affiliates, for claims arising from the ASR Hip Replacement Systems.  If you have been implanted with a DePuy ASR Hip Replacement System, or have been required to undergo a revision surgery as a result of the DePuy recall, you may be entitled to compensation for your pain, suffering, medical expenses, and other economic loss.

If you are interested in receiving a free consultation, please call our offices at (518) 462-0330 and ask to speak with Sal Ferlazzo, Esq. or Robert Manfredo, Esq.

Bill Pfeiffer

has been nominated to serve on the Professional Advisor Steering Committee of the Community Foundation For the Greater Capital Region.  The Foundation is a resource that helps professionals provide their clients with information and ways they can achieve their charitable goals and support their community.

Girvin & Ferlazzo Adds Associate

Girvin & Ferlazzo are pleased to announce that James P. Girvin has joined the firm as Associate Attorney.  James is admitted to practice in Massachusetts and New York.

Tara Moffett

 has been named the Co-Chair for the 11th annual Community Hospice Walk on June 16, 2012.

Ryan P. Mullahy

was elected to serve a three-year term as a member of the Board of Directors of the Rensselaer County Regional Chamber of Commerce, commencing in January, 2012.

20th ANNIVERSARY CELEBRATION

On November 17th, 2011, Girvin & Ferlazzo hosted an Open House at their offices in Corporate Woods, Albany, NY to celebrate their 20th Anniversary.  The event was a huge success with over 300 guests visiting.  To mark their 20th year together, Girvin & Ferlazzo gave $20,000.00 in donations to charities within local communities.  Charities receiving $2,500.00 each were Albany Medical Center Children’s Hospital, Schenectady City Mission, STRIDE Wounded Warriors, Juvenile Diabetes Research Foundation, Saratoga County Maplewood Manor Residents Association, Muscular Dystrophy Association, Schoharie County Community ActionProgram and The Farano House.  Also participating in the event were students of the Albany City School District’s Jazz Quintet and String Quartet and students from the Ballston Spa School District’s Flute Quartet.  Floral arrangements and appetizers were prepared by the Washington-Saratoga-Hamilton-Warren-Essex County BOCES students.

LEGAL RADIO SHOW CELEBRATES 10 YEARS -

On September 15, 2011, the “Girvin & Ferlazzo Law Show” celebrated its 10th anniversary on the air.  For the last ten years, the Girvin & Ferlazzo’s radio program has provided its listeners with free general legal advice on a wide variety of legal matters.  The “Girvin & Ferlazzo Law Show’ can be heard every Saturday morning on AM 1300, WGDJ, from 11:00 a.m. to 12:00 p.m.

THE CANTWELL LAW FIRM JOINS AS OF COUNSEL -

We are proud to welcome The Cantwell Law Firm as of counsel to Girvin & Ferlazzo.  Their expertise and local experience will provide our clients with great resources throughout the North Country.  Click here to see an article in the Plattsburgh Press Republican about this exciting venture.

SIENA COLLEGE JURIST-IN-RESIDENCE EVENT

On Friday, February 3, 2012, Girvin & Ferlazzo, P.C. will host the annual Siena College Jurist in Residence reception at the offices of Girvin & Ferlazzo, P.C.

JAY GIRVIN and “ASK A LAWYER COLUMN” -

Check out the first edition of the “Ask A Lawyer” column by Jay Girvin, appearing in Country Folks magazine in Palatine Bridge, NY.

GIVING BACK TO THE COMMUNITY 

Girvin & Ferlazzo volunteered for two afternoons at the Clover Patch Camp for children and adults with disabilities.  The camp is run by the Center For Disability Services.  The camp opens the first week in June, and to assist in preparing for the summer session, the office took the afternoons of May 19 and May 20 and planted flower beds, split wood, raked and cleaned the pool area and cleaned the bath house.

Girvin & Ferlazzo, P.C. Obtains Favorable Decision for School District before State’s Highest Court

On January 5, 2012, the New York State Court of Appeals – the highest court in New York – held that the Garrison Union Free School District was not obligated to provide a tuition-free education to children living at a licensed child care institution located within the boundaries of the District.  The Court of Appeals’ decision affirmed the holding of the Appellate Division, Second Department, as well as the Supreme Court.

In deciding this case, the Court of Appeals adopted Girvin & Ferlazzo’s argument that, pursuant to Education Law  3202, the school district of the child’s residence is financially responsible for the cost of educating children living at a child care institution.  The child care institution had argued that because Article 81 of the Education Law – specifically Section 4002 – provides that children living in child care institutions are entitled to receive a free and appropriate education in a setting which includes the school district where the child care institution is located, the local school district was required to enroll and educate these children on a tuition-free basis.  The Court of Appeals rejected this argument on the basis that Article 81 does not address which entity is responsible for paying the cost of the “free and appropriate education” and, as a result, must be read in conjunction with Education Law § 3202.  The Court also noted that the legislature did not intend for a local school district to bear the financial responsibility for educating children living in a child care institution.

The School District was represented throughout the litigation by Salvatore D. Ferlazzo, Esq. and Patrick J. Fitzgerald III, Esq.

SAL FERLAZZO FEATURED ON WNYT’s STORY ON THE TOWN OF GRAFTON

Girvin & Ferlazzo’s Sal Ferlazzo was featured on WNYT last night in a story they reported about the Town of Grafton.  Click here to see the story.

Girvin & Ferlazzo Obtains A $700,000 Judgment -

Girvin & Ferlazzo successfully obtained a $700,781.00 judgment in an assault and battery case which sought punitive and compensatory damages for a client’s personal injuries.

 The defendant viciously attacked the plaintiff with a baseball bat on Lark Street in the City of Albany.  He was not provoked, and he did not stop even after the plaintiff was knocked unconscious.  As a result of the assault and battery, the plaintiff sustained severe head and facial injuries requiring open reduction surgery and internal fixation.  The injuries included a right mandibular angle fracture, right zygomatic arch fracture, right zygomaticomaxillary complex fracture, right orbital floor blow-out fracture, dislocation of his jaw, and lacerations to the head requiring many stitches, in addition to several contusions to the head, arms, and legs.

 In the wake of recent criminal activity in downtown Albany, the New York State Supreme Court, Albany County (Connolly, J.) awarded the plaintiff $500,000.00 in compensatory damages to compensate him for his injuries and $200,000.00 punitive damages, plus costs, in this civil lawsuit.

 The judgment was obtained following an inquest trial conducted by Salvatore D. Ferlazzo, Esq. and Lauren A. Atwood, Esq.

Girvin & Ferlazzo Wins Argument In Appellate Court -

On April 7, 2011, the Appellate Division, Third Department affirmed a Decision & Order of the Surrogate’s Court, Rensselaer County (Hummel, S.) in favor of the respondent, a co-executor and daughter of the decedent, finding that respondent demonstrated with clear and convincing evidence that the decedent expressly agreed to compensate her daughter and son-in-law for services they rendered. Lauren A. Atwood, Esq. argued on appeal on behalf of the respondent.

 The respondent and the petitioner, are sisters and coexecutors of the decedent’s estate.  The decedent became physically disabled and moved in with the respondent’s family for the last two years of her life.  During that time, respondent cared for decedent and acted as her mother’s attorney-in-fact pursuant to a valid power of attorney executed by the decedent.   

 The petitioner commenced this action to obtain proceeds of decedent’s assets and an accounting.  The respondent submitted an accounting, to which the petitioner filed objections, claiming that that respondent the decedent did not agree to pay respondent and her husband for, among other things, services rendered for home care and for the preparation of decedent’s real property for sale.  Following a bench trial tried by Salvatore D. Ferlazzo, Esq., the Surrogate’s Court concluded that petitioner’s mental capacity was not diminished and that the decedent directed and actively participated in the management of her assets.

 In affirming the lower court decision, the Appellate Division, Third Department deferred to the determinations of the trial court with respect to witness credibility and concluded that the challenged actions were taken with the knowledge and consent of the decedent, and further, that the petitioner failed to set forth any evidence to the contrary.

 Based on the arguments by Girvin & Ferlazzo, the Third Department affirmed the original order and decree, with costs.

 If you would like more information regarding this case, please contact Salvatore D. Ferlazzo at sdf@girvinlaw.com or Lauren A. Atwood at laa@girvinlaw.com.

“2011 New York Super Lawyers”

Sal Ferlazzo has been selected to be included in the 2011 New York Super Lawyers list.  Inclusion is based on a statewide nomination process, review of the lawyer’s resume and the evaluation of his/her peers.  The list will appear in New York Super Lawyers – Upstate Edition magazine.