Bleakley Platt Partner, Joe DeGiuseppe, to Speak at Lorman Seminar
September 2010
Joe DeGiuseppe, the head of the Firm's Labor and Employment Law Practice Group, will speak on September 24, 2010, at a seminar being sponsored by Lorman Education Services on "Employment Law From A to Z." Joe will give presentations on the topics of “Wage and Hour Compliance” and "Personnel Documents and Records Retention."
The Lorman seminar will be held at the Crowne Plaza Hotel Downtown in White Plains, New York, from 8:30 am to 4:30 p.m. Reservations for this seminar can be made on Lorman’s website at www.lorman.com.
BPS Client Yonkers Raceway Prevails on Novel NLRB “Equitable Tolling” Issue
July 2010
BPS client Yonkers Raceway prevailed before Region 2 of the NLRB on the novel issue of whether the Board should apply the doctrine of “equitable tolling” to an otherwise untimely filed representation petition under the Board’s “contract bar” rule that had previously been timely filed by LEEBA with the N.Y.S. Employment Relations Board (“SERB”) in June 2009. The issue arose after SERB decided to conduct a hearing in August 2009 concerning its continued jurisdiction over Yonkers Raceway’s newly expanded "racino" operations (i.e., combined casino and harness racing operations) based on 1997 NLRB precedent asserting jurisdiction over harness racing tracks that had been expanded to include casinos. After the hearing on the jurisdictional issue, SERB in October 2009 certified the issue for an advisory opinion from the NLRB in Washington, D.C. Yonkers Raceway and the incumbent union finalized a new three-year CBA in December 2009 through “good faith” bargaining after their prior agreement had expired on August 31, 2009.
After the NLRB rendered a May 2010 advisory opinion, 355 N.L.R.B. No. 35, that it would exercise jurisdiction over Yonkers Raceway’s new "racino" operations (which had been expanded to include a N.Y.S. Lottery "casino" in October 2006), LEEBA filed a representation petition with the NLRB in July 2010. At a jurisdictional hearing held before Region 2 of the NLRB in July 2010, BPS partner Joe DeGiuseppe successfully argued that the NLRB should not apply the doctrine of “equitable tolling” to LEEBA’s newly filed petition in that LEEBA’s “inexcusable ignorance” of the above-stated 1997 Board precedent on exercising jurisdiction over "racinos," together with its knowledge gained from the August 2009 SERB hearing that Region 2 had previously exercised jurisdiction over Yonkers Raceway based on this 1997 precedent, did not warrant the application of this equitable doctrine. Region 2 therefore dismissed LEEBA’s representation petition under the NLRB’s "contract bar" doctrine based on the CBA finalized in December 2009 between Yonkers Raceway and the incumbent union.
Bleakley Platt Succeeds on Summary Judgment Motion on Duty to Defend Claim
July 2010
John Diaconis and John Murphy of Bleakley Platt and Schmidt have been successful in obtaining a grant of partial summary judgment on the duty to defend under a Director’s and Officer’s Liability policy issued to the Town of Yorktown. The grant of partial summary judgment was issued by Hon. Richard Liebowitz, Supreme Court Justice in Westchester County in Town of Yorktown, et al., v. Landmark American Insurance Company, pending in Westchester Supreme Court. The Court rejected Landmark’s contention that coverage was barred by the regulatory takings exclusion contained in the Policy. The Court directed Landmark to defend the Town, and its individual Board Members, with respect to the Old St. George Winery action which is currently pending in Federal Court.
Electronic Voting: A New Type of Corporate Governance
May 2010
Jim Glatthaar of Bleakley Platt & Schmidt presided over what may be the first meeting of its kind in New York: an annual shareholder’s meeting for a residential cooperative where the Board of Directors was elected by on-line voting. BPS has represented the Surrey Strathmore, a White Plains cooperative corporation, for over 13 years. Surrey Strathmore has not elected directors since 2006 since a quorum of shareholders, more than 50%, has not been present.
When struggling with ways to increase shareholder participation, one of the directors, Allison Keilman, devised the idea of on-line voting at the annual meeting. She presented her idea to Jim Glatthaar, who researched the relevant statutes and determined that electronic voting was consistent with the New York State Business Corporation law.
Together, Allison and Jim created a process which gave all candidates for the Board of Directors time to announce their candidacy, upload biographies and photos of themselves on line, and allow voting starting one week prior to the annual meeting. In addition, the on-line voting period was extended to 12:00 noon the day after the annual meeting. This process allowed any shareholder who attended the meeting to speak with the candidates and cast their ballots after meeting the various candidates.
On-line voting was a tremendous success. Seventy (70%) percent of the shareholders participated, either live or on-line, meaning that the Surrey Strathmore achieved a quorum and elected directors for the first time in years. Moreover, those shareholders who wish to participate, but were busy or turned off by the annoying personalities who sometimes dominate residential cooperative annual meetings, could read the candidate biographies, speak with the candidates and cast their votes from their desktop or laptop computer in their home or office. Finally, the meeting was efficient and was concluded within 25 minutes.
Habitat Magazine, a magazine geared toward cooperatives and condominiums, attended the meeting and will be reporting on electronic voting in a future issue.
Bleakley Platt Partner, John Diaconis, to Speak at ARIAS U.S. Conference
May 2010
John S. Diaconis, a member of the Firm's Insurance Practice Group, will speak at the AIDA Reinsurance & Insurance Arbitration Society ("ARIAS U.S.") Spring Conference in Coronado, California on Friday, May 7, 2010. The Conference is entitled "Arbitration is A-Changin': Learn About New Reforms or Be Left Behind," and it will emphasize change and industry reforms to improve insurance and reinsurance arbitration. John will speak on "Mediation's Role in Reform."
ARIAS U.S.is a not-for-profit corporation that promotes improvements in the insurance and reinsurance arbitration process for both the domestic and international markets.
Bleakley Platt to Sponsor Yonkers Chamber of Commerce Networking Breakfast
February 2010
Bleakley Platt is once again proud to sponsor The Yonkers Chamber of Commerce Networking Breakfast which will be held this year on Tuesday, February 23rd. This year’s event will feature keynote speaker Joseph Apicella, Executive Project Manager, Streuver Fidelco Cappelli LLC (SFC), who will discuss the $1.5 billion revitalization plan for the downtown area of the City of Yonkers, New York, which will be the largest development plan ever undertaken in Westchester County. The Yonkers downtown redevelopment plan currently envisions the construction of 1,436 housing units, a 6,500-seat baseball stadium, a 150-room hotel, a new municipal justice center, new headquarters for the Fire Department, a 150,000-square-foot office building and the “daylighting” of the Nepperhan River with a river walk, among other elements.
The Networking Breakfast will be held at The Royal Regency Hotel located at 165 Tuckahoe Road in Yonkers, New York, starting at 7:30 a.m. Reservations for this event can be made by contacting The Yonkers Chamber of Commerce at (914) 963-0332.
Bleakley Platt Partner, Joe DeGiuseppe, to Speak at SES Employment Law Seminar
February 2010
Joe DeGiuseppe, the head of the Firm’s Immigration Law and Employment Law Practice Groups, will speak on February 23, 2010, at a CLE accredited seminar being sponsored by Sterling Education Services, Inc. (SES) on the “Fundamentals of Employment Law in New York.” Joe will give presentations on the topics of “Immigration Compliance Issues for Employers” and “Basic Labor Law.”
The SES seminar will be held at the Crowne Plaza Hotel Downtown in White Plains, New York, from 8:30 am to 5:00 p.m. Reservations for this seminar can be made by contacting SES at (715) 855-0498.
In Memoriam: William F. Harrington (1931-2010)
January 2010
On January 23, 2010, our friend, colleague and Chairman, William F.
Harrington, affectionately known as "BJ," passed away at the age of 78.
Born on December 3, 1931 in Yonkers, New York to William Patrick and Jane Harrington, he attended St. Joseph's Grammar School and Gorton High School in Yonkers. He received a degree in accounting from Manhattan College in
1953 and his law degree from Fordham University School of Law in 1959.
He joined the Firm in 1959 where he practiced law for 51 years and served as our Chairman and Managing Partner for 35 years. He was an accomplished attorney in trust and estate litigation and oversaw the growth of Bleakley Platt into one of the premier law firms in the region. He served as Legislative Council to Lt. Governor Malcolm Wilson between 1964 and 1973 and Town Attorney for the Town of Pound Ridge from 1980 to 1985 and Town Justice between 1985 and 1991.
A devout and dedicated Roman Catholic, BJ served his church and the Archdiocese of New York throughout his life. He was a Trustee of St. Joseph's Seminary and St. Patrick's Cathedral, a member of the Cardinal's Committee of the Laity and the Archdiocese's Inner City Scholarship Fund. He served as the Chairman of St. Agnes Hospital in White Plains, New York and as Vice Chairman of St. Joseph's Medical Center's Health Fund in Yonkers, New York. He was a proud member of the Friendly Sons of St. Patrick of Westchester County, serving as the Chairman of the Society's Board of Stewards for over 25 years.
Mr. Harrington also served on the Board of Directors of his beloved Fordham Law School, where he was instrumental in the creation of the Cardinal John O'Connor Chair for Theological Studies. He also served as a founding member of the Boards of Directors of Pace Law School and The Ave Maria School of Law. He also served as a member of the Board of Directors of Sacred Heart High School, Iona Prepatory School and the School of The Holy Child. At the time of his death, BJ was the moving force behind the construction of the new Elizabeth Seton Pediatric Hospital in Yonkers, serving as the Hospitals Capital Campaign Chairman.
BJ was a Knight of Malta, Knight of the Order of St. Gregory the Great and humbly accepted various awards throughout his life including the St. Thomas Moore Award, The Fordham Law School Medal of Achievement, the Charles Carroll Award from the Catholic Guild of Lawyers, the Cardinal's Committee of Laity Award, the Pro Eccelesia Et Pontifice Medal and the Humanitarian Award for Life. In addition BJ proudly served as Grand Marshall for the Yonkers St.
Patrick's Day Parade.
BJ is survived by his loving wife of 55 years, Audrey (Kazimir), his sons William (Carolyn) Harrington of Pound Ridge, New York; Brian (Elizabeth) Harrington of Pound Ridge, New York, Peter
(Danielle) Harrington of Waccabuc, New York and daughters Mary Pat McCarthy and Mary Beth Harrington of Pound Ridge, New York and nine grandchildren Caitlyn, Meagan, Emily, Luke, William Finian, Caroline, Hanna, P.J. and Jill. He is also survived by his two loving sisters Mary Harrington and Jane Devlin.
Bleakley Platt Welcomes New Member to the Firm
January 2010
Bleakley Platt is pleased to announce that Jonathan A. Murphy has become a member of the Firm. Jonathan is a graduate of Brooklyn Law School and is admitted to practice in New York. His practice areas include Environmental Law; Environmental Litigation and Regulatory Law; Toxic Torts; Property Loss; Construction Defects; Business Loss Litigation; Administrative Law; and Defense Litigation. Jonathan was a member of the firm of Lester Schwab Katz & Dwyer in New York City where he headed the environmental group as well as the construction defect and property loss practice. He resides with his family in Wilton, Connecticut.
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