Proskin Law Firm

I'm seeing TV commercials that suggest everyone needs a trust in order to do proper estate planning. These ads aggravate me beyond belief. Every situation is not the same. The way to do proper estate planning is to sit down with someone knowledgeable and experienced and review your personal assets, goals and obligations. During the process these questions will be discussed: What are your overall objectives? What do you want your money to do? What do you worry about? Who i...s depending on you? The answers to these questions will help your advisor determine the best way for you to achieve your goals. Sometimes a trust is necessary. Other times, through proper planning, there's a far simpler way to accomplish the task at hand, making a trust unnecessary. Bottom line: There is not a 'one size fits all' solution for estate planning. It's critical to have an individualized plan tailored to meet your specific needs. And It's never too early to start. If you do not have an estate plan feel free to reach out to me today. I'll answer all your initial questions and we'll schedule a time to meet and begin this very important process.

Several local courts utilize what is known as Youth Court for defendants who are under 18. This court is run by local teenagers (usually 7-12 graders) and supervised by an adult director. A young person is referred to Youth Court by a judge, with the consent of the District Attorney and Defense Attorney. The accused youth waives certain rights and is tried before this court. He/she pleads guilty prior to the referral to Youth Court and then a court determines the penalty. Wh...ile it cannot impose any type of incarceration (jail, youth detention facility), it can impose restitution, classes, community service and other similar penalties. Youth Court is an alternative to the criminal justice system and is entered into voluntarily. The purpose is to both stop criminal behavior and prevent its escalation. Members of Youth Court are all volunteers and have taken classes to learn the Youth Court system. The belief is, by having peers play a substantial role in this system, this alternative court is more effective in serving these purposes. Bottom line: Even though an individual entering Youth Court does waive certain rights, from what I've observed the gains from being involved in the program are substantial.

As most shoppers know, grocery stores in New York State no longer supply plastic bags. If you forget your reusable bags, many offer paper or other substitutes. Most counties allow stores to charge 5-cents a bag and most stores seem to be taking advantage of this. However, there's no law that says that you have to use bags at stores. A few days ago I was at the market and the man checking out in front of me had forgotten his bags. And was determined not to purchase any. He ...asked the checker if she had any empty boxes. She found one for him to use. They filled that box, but there were still several items that didn't fit. So, he began filling his pockets. Then he zipped his jacket halfway up so there was room inside to stash the remaining items. At this point, he was laughing along with everyone else. But bottomline and he did managed to avoid buying any of those paper bags!

Although States and municipalities still set the law, the CDC has now stated that vaccinated individuals no longer need to wear masks indoors. However, since we don’t have any obvious, physical marking to show the world we’ve been vaccinated, this lifting of restrictions has led to a bit of an uproar. Restaurants, offices and other public locations are asking people flat-out if they've been vaccinated. Is this a violation of our privacy? Does this violate HIPAA laws? Do ...I have to answer the question? First of all, in New York State, public locations such as athletic stadiums, arenas and wedding venues have been requiring a negative test to attend events for some time. Yankee Stadium, Madison Square Garden and venues that host weddings have required negative test results done AND mask wearing. The new recommendation simply skips the test and applies to vaccinated individuals. Restaurants, offices and other private establishments are not legally required to admit anyone, as long as the reasons for exclusion are not discriminatory. Vaccination status does not fall into any discrimination category. As such, these places are allowed to ask a person their vaccination status prior to admitting her/him into their establishment. There is no violation of privacy as you do not have a recognized right to privacy in this situation. They can ask the question and restrict admission based on your answer or failure to answer. Questions about vaccination status also do not violate HIPAA, since you are being asked about yourself. HIPAA only applies to someone else (i.e. medical personnel) releasing information without your permission. Doctors, nurses and other medical people don't play a role in this questioning, so HIPAA does not apply. Bottomline: Private venues may choose to ask for the vaccination status of patrons, ask to see vaccination cards or even ask to see a vaccination passport prior to allowing entry into their facility. This does not violate anyone’s rights. If you don't want to answer, you can choose not to go to that facility or simply wear a mask.

Snow is a major part of life in Upstate New York. We expect it, prepare for it and then deal with it. We learn to drive in it and walk in it. But, sometimes incidents happen and injuries occur. As a lawyer, it is then my duty to determine responsibility. A fall on a sidewalk can result in serious injuries and large medical bills and sometimes a lawsuit ensues. Who, specifically, is responsible for snow removal is often a matter of local law. New York State law does not re...quire homeowners to remove snow and ice. The exception to this is if someone does undertake removal and does it negligently. In such cases there can be liability. However, most municipalities have imposed the obligation to remove snow and ice onto the homeowner. In Albany, for example, homeowners are required to remove snow and ice from the public sidewalk that abut their property "within a reasonable period of time". There is also a requirement that landlords remove snow and ice from sidewalks abutting their property. Often landlords try to transfer this responsibility to their tenants. At times this has worked at other times Courts have found that, as nothing was received in return, the responsibility remains with the landlord. When to comes to public property, there is always a requirement that accumulated snow and ice be removed within a reasonable period of time. Whose responsibility that is, as well as what's considered a reasonable period of time, are questions that have to be answered on a case by case basis. If you're injured in a slip and fall on snow and ice, it's best to talk to an attorney and see if there is liability for your injury. Living and working in Upstate New York, I undertake this analysis on a regular basis. Feel free to give me a call.

I'm sure you've read about the defamation lawsuits filed against Rudy Giuliani and Sydney Powell by Dominion Voting Systems. And you may be wondering: If we have a right to free speech, how can these people (or anyone) be sued? The answer is pretty simple: the statements made about Dominion by these two men are not protected speech. First of all, there's no governmental involvement in their comments. This is at the basis for First Amendment rights. Secondly, untrue free spe...ech is not protected, even if it otherwise did fall within the parameters of First Amendment. So, does this mean the spotlight shifts to defamation? Quite simply, defamation is defined as untrue statements that are spoken and cause harm to the victim. The Defendants’ statements as to the stolen election, failure of Dominion voting machines and actions on the part of the company's leaders are all alleged to be false. Other statements mentioned in the suit include one claiming Dominion is owned by Venezuelan Communists. The lawsuits will need to prove that Giuliani and Powell 1) said these statements 2) the statements are false and 3) the statements caused damage/injury to Dominion. It's very simple to demonstrate the veracity of some of these statements. For example, ownership of the company can be determined by simply looking at the books. If the owners are not Venezuelan Communists (or presumably not Venezuelan or Communist) that statement is untrue. Other statements may take more effort to disprove. Also interesting is that it's being alleged that none of these statements were made in the multitude of lawsuits the Defendants filed. When a lawsuit is filed, the attorneys have to swear they have a good faith basis for the contents. If these statements were not included, does it mean there was no good faith basis? I can’t answer that, but it sure seems like a good argument for Dominion. Finally, the issue of damages should be interesting to follow. Dominion has sued for over a billion dollars that's BILLION with a B. The company is claiming damage to its reputation and prospects for future business. If nothing else, that B will surely grab the attention of the Defendants and their legal teams. I'm anxious to see if these lawsuits play out in public or fall into the background and disappear from view. Only time will tell.

The NY State Legislature came back into special session the week between Christmas and New Year's Day to address what they considered to be important issues. Among the items addressed was an extension of the moratorium on evictions, which was set to expire in January. The moratorium has been extended to May 1 and now has some clear requirements. This extension protects renters, some homeowners and some small scale landlords. In order to be protected, the landlord must own no ...more than 10 units. Also, In order for anyone to use the protections of the moratorium, they have to demonstrate a financial burden due to Covid-19. This appears to simple be a hoop, as most anyone can show some level of suffering due to the pandemic. The burden and suffering can be lost income, increased healthcare cost, increased childcare or family care expense, unemployment due to COVID-19 or an inability to afford moving expenses. Personally, I don’t think I know anyone who couldn't meet at least one of these criteria. That's likely the point of the legislation. It's seems clear the Legislature didn't want a sudden onslaught of evictions. If you aren't paying your rent or mortgage, and have not been offered some form of forbearance, there is a Standardized Hardship Declaration that can be completed. This will prevent eviction or foreclosure for the time being. For me, the real question is: what happens when these protections expire? My advice to tenants asking me how to handle this continues to be to try to make partial payments on the rent if they're unable to pay in full. This works for mortgages as well. In the end, you will still owe this money. So if you are able to pay some now, that's your best bet. I hope there's an end in sight for this pandemic and that we will be able to start resolving these issues soon. Should you have any questions as a landlord or tenant you should address them now so that you have a plan in place for when the protections expire.

Looking back on 2020, I can honestly say that nothing went as I expected. We've all adapted and continue to try to do the best we can, but there have been so many curveballs. I don’t think anyone anticipated the year to play out as it did. Despite all 2020 has brought/wrought, I am thankful that we have survived it. I am thankful for the health of my family and friends. I am grateful for the success of my office and that I have been able to continue to engage in the practice of law. I can look back with pride on the people I've helped and those I will continue to work for. I’m thankful for my family, friends and clients especially those clients who have become friends. As we move on to 2021, on behalf of my firm, my family and myself, I want to extend all our best wishes for a happy, prosperous and (most especially) healthy New Year!

Lately, I've had several DWIs come through my office. Unfortunately, most of them have been felonies. New York’s DWI law states that a second DWI charge within 10 years is automatically a Class E felony. This means, among other things, someone convicted of this is instantly classified as a felon. Felons have limitations to their rights in NYS, including the inability to hold certain positions and appointments. A conviction for Felony DWI comes with a fine from $1,000 to $5,...000, a term of imprisonment of up to four years and revocation of one's driver’s license. Obviously, these are significant penalties. There are time restrictions in play for criminal DWI charges, as well. Although it might seem easier to ignore this situation, it's critically important to get counsel in order to defending these charges as soon as possible. I'm not sure if it's the ongoing COVID restrictions, limitations on activity/entertainment options or something else that's causing the number of DWI cases to increase. What I do know is that it's important to be smart in situations when you choose to consume alcohol. And if you have a lapse in judgment, seek legal help right away.

I continue to receive so many more end of year solicitations this year than in any I can remember. It's clear there is a great need and that people are hurting. Many of the charities I support are trying to assist people suffering due to COVID-19, in addition to what they normally do. It's really been tough on everyone. If you find yourself wanting to donate (and are faced with a similar onslaught of requests), you may be concerned with the legitimacy of the charities that ar...e reaching out. Unfortunately, there are people and organizations that take advantage of the generosity of donors. Some charities, though legitimate, have expenses that consume a staggering percentage of their donations. Others spend a tremendous amount of money to acquire their donations. Others spend very little and bring in sizable amounts of money. While others make the news when someone has absconded with funds or misrepresented the cause. So how do you make sure the charities you choose to support are transparent and fall within proper financial guidelines? Local fundraisers, including ones to help defray medical/funeral expenses, have very little in the way of oversight. Unfortunately, this includes many Go Fund Me causes as well. If you choose to donate to one of these, it's best to know personally who is involved in order to determine if it is worthy/legit. If you feel you've chosen incorrectly and have been scammed, it's important to seek help from the police and perhaps an attorney. However, there are ways to check into charities that are not a one-time local events. Most are required to file a form 990 with the IRS (some religious organizations are exempt from such a filing). You can use Google to obtain the information disclosed on the 990. There are also websites, including CharityNavigator.org that compile this information and provide some analysis. This provides potential contributors with facts on the fiscal responsibility of the organization they're considering. Details into the charity's practises are laid out so even if an organization gets a passing grade, you can determine if it's structure is acceptable to you. Salaries, expenses and other factors are spelled out in both the 990 and on this website. Personally, I like to see where the money comes from and how it's spent. Many people are interested in the salary of the CEO. All of this info and more is available. It's definitely worth a look. At this time of year I truly enjoy donating to worthy organizations. However, I still want to be in control of my money and who I'm supporting. If, after doing your research, you still have questions be sure to get them answered to your satisfaction prior to donating.

I watched yesterday's inauguration with great interest and pride. And this has nothing to do with any political leaning. I have watched every inauguration since I began to understand the meaning of this important event. For me, this is tradition. Inaugurations make me glad I'm an American. Even when I did not vote for the person assuming office, the peaceful transition of power is very reassuring. Inaugurations always give me goosebumps and hope that our country and the worl...d will be a better place. I also enjoy seeing the past Presidents of both parties come together, being cordial and congratulating the new administration. This seemed extra special this time. But that wasn’t the only exceptional element of this Inauguration Day for me. There was an extra special meaning watching Kamala Harris take office as our new Vice President. She is the first woman to hold this office. She is the first African American to hold this office. She is the first Asian American to hold this office. I was literally moved to tears. No disrespect, but for me, watching Vice President Harris take the oath of office was even more powerful than seeing President Biden being sworn in. I spoke with both of my daughters and they felt the same way. As we watched the Second Gentleman looking on with pride at his wife’s accomplishments, my daughters and I looked on with that same sense of pride. The moment brought a renewed sense of both hope and empowerment. It was in a word extraordinary.

I would like to extend to everyone all our best wishes for a Happy Holiday whichever one you celebrate. At this special time of year, please be kind to others, appreciate what you have and work toward a better tomorrow. Thank you for taking the time to read my thoughts on various issues, trusting my judgment and our firm. We remain here to assist you every way we can and look forward to doing so in 2021 and beyond. May you have enough of everything you need and appreciate it all. Sending good thoughts for better times. Merry Christmas and Happy Holidays to all!

We'll be closing the office at 1PM tomorrow (Christmas Eve) and will reopen Monday morning!

Article II Section 2 of the US Constitution states that The President ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." Traditionally, as Presidents leave office, there are a flurry of pardons and this time is no exception. But this time there's even more scrutiny, as rumors run rampant that Donald Trump is going to pardon himself, his family and many of the insurgents from the invasion of the Capit...Continue reading