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Sexual Behavior and Your Security Clearance

By Nicole Smith You probably expect that issues involving your credit, foreign influence or drug use will have a negative impact on your ability to be granted a security clearance. One issue that is not specifically referenced in the SF86 …

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Renee Tremblay

Changing Schools Poses Challenges for Parents and Students

By Renée Tremblay Earlier this summer, a British think tank named RSA released a report showing how “[m]oving schools multiple times has a devastating impact on pupil’s grades.” It echoed the findings of many similar studies conducted in the United …

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Mark Ochs

Things They Didn’t Warn You About in Law School

By Mark S. Ochs, Esq. In my 30 years as grievance counsel in the state of New York, including 20 years as Chief Attorney for the Committee on Professional Standards, it was apparent that the vast majority of attorneys are …

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Social Security Benefits

Ranks of WNY Disabled Worker Beneficiaries Rapidly Growing

Paul M. Pochepan, Esq. The ranks of disabled Western New York workers who are receiving Social Security benefits are rapidly increasing – so much so that the region’s rate of growth is faster than the state’s rate, according to a …

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bankruptcy-law

WNYers’ Resolutions for 2013: A Fresh Financial Start

By Paul M. Pochepan, Esq. With the New Year upon us, now is the time to make good on any resolutions that were made for 2013. For many Western New Yorkers, that means getting their financials in order, and, in …

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Richard Sargent

CNY Housing Market Becoming a More Level Playing Field for Sellers

By Richard H. Sargent For years, Central New York home sellers have endured a “buyer’s market,” where prospective home purchasers wielded substantial clout in negotiations over sales prices and key components of purchase agreements. While the reign of the buyer’s …

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Brianne Carbonaro

Cohabitation Trend Doesn’t Mean Exes Paying Maintenance Are off the Hook

By Brianne M. Carbonaro, Esq. Cohabitation is increasingly the living-arrangement-of-choice for unmarried couples across the county. Since the mid-1990s, the ranks of cohabitating couples between 30 and 44 years of age have doubled, according to a recent Pew Research Center …

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Don Kelly

Prison/Straight Jail Sentences Become Less Common for Felony DWI

By Donald E. Kelly Fewer drivers statewide are facing prison and straight jail sentences for felony driving while intoxicated convictions. This trend, however, does not mean New York is softening on drunk drivers, because more drivers convicted of felony DWI …

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Graig Zappia - Real Estate Attorney

1st Annual NYSDA – New Dentist Conference

Graig Zappia, Partner at Tully Rinckey PLLC, was one of the speakers at the recent New Dentist Conference held by NYSDA at the Roosevelt Hotel in Manhattan on June 8th.  This marks the first time NYSDA has held a conference …

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Contract_Sign

It’s That Time of Year – Why You Should Review Your Separation Agreement or Divorce Judgment Annually

By Jennifer Corcoran When this time of year rolls around, people begin to compile documents for their taxes, review year-end statements from various accounts and the like. Other documents you should review yearly include your separation agreement or divorce judgment. …

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Valentines

Service Members’ Rules of Engagement for Valentine’s Day

By Lisa M. Windsor It’s said that love blossoms even in times of war. For the past decade, service members have had to celebrate Valentine’s Day while wars waged in Iraq and Afghanistan. Now with U.S. forces having been withdrawn …

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Mailbox

MSPB Empowers Fed Employees Threatened or Intimidated by Customers

By Ryan C. Green, Esq. The U.S. Merit Systems Board (MSPB) recently decided a case on the constructive suspension doctrine. The decision provides greater protections for those federal employees who have been threatened or intimidated by customers and other members …

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Department_of_Justice

Whistleblowers Help Government Recover $2.8B in False Claims

By Mathew D. Estes Illustrating how it pays to not let others get away with cheating the federal government, the U.S Department of Justice (DOJ) recently announced that whistleblowers helped it net $2.8 billion in settlements and judgments stemming from …

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US Capital

Employment Practices, Not Just Politics, Behind Mounting Hostility on Capital Hill

By Rachelle S. Young To say Capital Hill is becoming an increasingly hostile place is now an understatement, with a new report showing a dramatic increase in harassment and discrimination claims made by legislative branch employees. The number of legislative …

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Labor Laws

New Year Brings New Set of Wage Notification Obligations for NY Employers

By Michael W. Macomber On Dec. 10, 2010, then-Gov. David Patterson signed into law the Wage Theft Protection Act (WTPA). The act amends a number of provisions in New York’s Labor Law and has the stated aim of expanding “the …

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Tully Rinckey Steps Up Efforts to Aid Homeless Veterans

The U.S. Department of Housing and Urban Development recently reported the findings of a one-night survey taken last January that over 636,000 people were homeless nationwide, down 2.1 percent from a year earlier. Veteran homelessness declined even further since January …

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present

Pricey Gifts for Superiors Land Service Members on Military’s Naughty List

By Lisa Marie Windsor ‘Tis the season for giving. Service members, however, must be very careful when giving gifts to superior officers, because when such presents are too valuable they could land subordinates on the military’s naughty list. As many …

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snowy_car

Snow, Traffic Tickets to Pile up as Road Conditions Worsen

By Thomas J. Carr With the cold weather finally setting in for good, Capital Region drivers still have time to take preventative steps that could save them from costly traffic tickets and motor vehicle accidents. By making sure their cars …

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veteran

VA Can’t Say Definitively Its Nursing Homes Have Bucked Deficiencies: GAO

By Greg T. Rinckey The U.S. Department of Veterans Affairs still cannot provide assurances that patient care problems identified years ago at some of its 132 nursing homes have been resolved, according to the federal government’s watchdog agency. In a …

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beer_glass

Tougher DWI Laws Drive up NYS Interlock Ignition Device Installations in 2010

By Thomas J. Carr Illustrative of how states are increasingly relying on interlock ignition devices (IID) to fight drunk driving, the estimated number of currently installed IIDs in vehicles throughout the nation jumped by 17 percent over the year, according …

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FMLA

Census Stats Show Pregnant Women Make Workplace Gains, Setbacks Too

By Michael W. Macomber Providing some bright news for soon-to-be mothers striving to achieve a balance between work and family, the latest U.S. Census Bureau statistics show that over the past two decades the percentage of women who worked during …

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USERRA

House Passes Bill to Extend Hostile Work Environment Protections to Service Members

By Greg T. Rinckey Service members who felt vulnerable after a federal appellate court earlier this year ruled the Uniformed Service Employment and Reemployment Rights Act (USERRA) does not protect them from hostile work environments now have reason to be …

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equal_pay_change

OPM and EEOC Join Forces in Effort to Close Gender Pay Gap

By Corinna A. Ferrini Nearly a half-century after the Equal Pay Act of 1963 was enacted, the federal government is still scratching its head over how to close the gender pay gap in the federal civil service. Two federal agencies, …

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brick_house

First-time Homebuyers Cautious in 2010 Despite Golden Opportunities

By Graig F. Zappia Lacking the federal incentives that enticed them into buying homes in force in 2009, first-time homebuyers in 2010 became scarcer in real estate markets nationwide, according to a National Association of Realtors study. Even without the …

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couple-in-conflict-3

More Couples Eyeing Divorce Earlier in Their Marriages

By Barbara J. King Forever is turning out to be much shorter than expected. Newlywed couples are increasingly opting to dissolve their unions not long after walking down the isle. Sometimes spouses are overwhelmed by the responsibilities of marriage. Other …

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New York Divorce Attorney

Domestic Violence Victims Find Hope in No-Fault Divorce

By Lori N. Bovee In 2010, New York became the last state to allow no-fault divorce. In order to get a divorce prior to the passage of no-fault last year, spouses had to either live apart for a year after …

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Cemetery_KIA

KIA Bracelets Receive Corps Commandant’s OK

By Greg T. Rinckey The Marine Corps has backed away from a ban against bracelets honoring fallen comrades. Service members, nevertheless, need to beware that other slight modifications to their uniforms can still get them in trouble. On Oct. 18, …

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skyscrapers

Occupy Wall Street Highlights High Unemployment of Younger Workers

By Graig F. Zappia Federal Law Doesn’t Shield Young Workers from Age Discrimination, State Law Does While much of the “Occupy Wall Street” movement remains an enigma, particularly its goals, it is pretty clear that there are many upset young …

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Federal Employment Law

OSC Seeks Smaller Clubs to Beat Hatch Act Violators

By Neil A.G. McPhie The federal agency charged with cracking down on government employees who unlawfully mix work and politics is asking Congress to cut federal employees a break. With the 2012 presidential election a little more than a year …

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Federal Employment Law

Federal Commissioned Officers Score Protections Against Discrimination

By Mathew B. Tully Federal commissioned officers, who seven years ago saw their protections against discrimination severely curbed, can now go on the offensive thanks to recent decision from the U.S. Merit Systems Protection Board (MSPB). Due to a loophole …

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gavel01

CAAF Bolsters Alleged Sex Assault Offenders’ Ability to Confront Accusers

By Greg T. Rinckey In a ruling that could have broad impacts on military rape cases involving married victims, a divided U.S. Court of Appeals for the Armed Forces (CAAF) ruled in U.S. v. Ellerbrock that a military judge violated …

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Military Law

Don’t Drop the Ball When Requesting FMLA Deployment-Related Leave

By Mathew B. Tully Federal employees have long had to juggle work, home and financial responsibilities, along with parting goodbye to loved ones, when family members were called to active duty in the armed forces. Soon, changes to the Family …

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DWI_Road

CDC: Bad Economy Takes Toll on DWI

By Thomas J. Carr NY Has Lowest Rate of Alcohol-Impaired Driving Episodes, MA Has Third Highest The economic downturn appears to have hit the brakes on drunk driving, resulting in a 30 percent decline in self-reported, alcohol-impaired driving episodes between …

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child_abuse

Study Links Economic Stress to Child Abuse

By Barbara King The recent recession has taken a heavy toll on marriages nationwide, displacing many families and creating rifts between spouses facing financial dire straits. Now a new study is illustrating the toll the recession has taken on children, …

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Police_Lights

Don’t Make Getting Arrested for Underage Drinking a Homecoming Tradition

By Thomas J. Carr, Esq. Homecoming weekend is fast approaching for many schools around the state. By the end of this celebratory tradition there will be a new set of champions among rival football teams and a new lineup of …

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white_house

White House Takes On Diversity in the Government Workplace, Hiring/Appt. Discrimination Complaints Rise

By Mathew B. Tully Diversifying the federal workforce remains a work in progress. This point is evidenced by the Executive Order signed by President Barack Obama on August 18, 2011 (“EO 13583”). This EO is one of many passed by …

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peacekeeping_soldiers

Misbehavior by a Sentinel Charge Does Not Apply to Stoners: Navy-Marine Court

By Greg T. Rinckey Congress and the president have an “I told you so” coming their way after a Marine lance corporal avoided conviction for misbehaving as a sentinel despite the fact he bought and smoked hashish while on guard …

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Burglary

Property Crimes Up in Greater Capital Region as Economy Struggles

By Thomas J. Carr The greater Capital Region became a less violent place in 2010, but overall criminal activity rose due to a startling increases in property-related crimes, according to an analysis of statistics from the New York State Division …

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congress_freedom

MSPB: Perceived Whistleblowers Can Be Protected from Retaliation

By Ryan C. Green Perception can mean protection. That is the message the U.S. Merit Systems Protection Board (MSPB) sent when it decided to give a former U.S. Department of Veterans Affairs employee whistleblower protections as she attempted to reenter …

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SuperLawyers_logo

Ranks of Super Lawyers at Tully Rinckey Grow in 2011

Providing further proof that Tully Rinckey PLLC is not only growing in size but also in respect among other upstate attorneys, four firm partners have been named “Super Lawyers” by a major brand in lawyer ratings for consumers. Super Lawyers, …

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peacekeeping_soldiers

1st Cir: Employer $tuck with State and Fed Damages for Discriminating Against Guard Member

By Mathew B. Tully A federal appellate court shot down a Massachusetts sprinkler company’s attempt to curtail the amount of damages a service member could recover from it not only for violations to Uniformed Services Employment and Reemployment Rights Act …

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penitentiary

Hate Crime Incidents Spike in Capital Region

By Thomas J. Carr Incidents of hate crime in the Capital Region rose at a higher rate than the state in 2010, according to new statistics from the New York State Division of Criminal Services. While hate crime incidents only …

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spice_hinge_military

Armed Forces Med Examiner Records High Positive Test Rates for Spice

By Lisa M. Windsor Six months into the federal government’s blitz on designer drugs, the military is making inroads in detecting synthetic marijuana users within its ranks. Citing statistics from the Armed Forces Medical Examiner System, Air Force Times reported …

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soldier

2nd Cir. Decision Marks Big Win for Reservists with Commission-Based Jobs

By Mathew B. Tully A federal appellate court has handed a huge legal rights bonus to service members who leave commission-based jobs to actively serve in the military. The court found Wachovia Securities LLC violated an Air Force reservist’s rights …

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oahu_submarine

Exam Cheating Sinks Conn. Submariners

By Greg T. Rinckey A new front has emerged in the military’s fight against exam cheaters. This time it involves a Navy submarine, and there are indications the cheating might not be an isolated incident, according to an Associated Press …

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business_building_series

4th Circuit: Job Candidates Can’t Sue Prospective Employers for Retaliation over Past Overtime Complaints

By Graig F. Zappia After 14 long years, employers have finally received a reprieve from the expansion of employees’ protections against retaliation. A federal appellate court recently ruled that a worker cannot sue a prospective employer who allegedly refused to …

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australian_navy

USAFCCA: Small Sums Swiped Can Cost Service Members Their Military Careers

By Lisa M. Windsor Service members should be very careful about “self help” in recovering funds loaned to someone else, because, as a recent U.S. Air Force Court of Criminal Appeals (USAFCCA) ruling illustrates, wrongful repossession of as little as …

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beer

Military Confronts Rampant Alcohol Abuse

By Greg T. Rinckey More Service Members in Need of Counseling, Effective Legal Representation Military leaders are stepping up efforts to address service members’ alcohol abuse problems, which have spread throughout the armed forces during years of exposure to stressful …

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american_flag_series_1

MSPB Orders Army to Return Whistleblower to Former Position in Ingram

By Matthew D. Estes The U.S. Merit Systems Protection Board (MSPB) recently found that the Department of the Army illegally retaliated against an employee who blew the whistle on potential ethical violations and security risks posed by a planned medical …

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Justice is served

Court Rejects Mothers Bid to Block Sons From Staying With Killer Stepparent

By Barbara J. King An Oregon mother’s unsuccessful fight to prevent her sons from staying with her ex-husband and his child killer wife highlights how a stepparent’s criminal history can play into child custody disputes. The custody dispute between Trisha …

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m16

Army Goes After Bad Apples Amid Troop Withdrawals From Iraq/Afghanistan

By Greg T. Rinckey Army soldiers who have managed to avoid getting kicked out of the military despite their illegal drug use or other misconduct will be falling into the crosshairs of commanders whose priorities are being reshuffled as the …

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last-will-and-testament

New Law Adds Potential Hurdle to Validating Wills

By Graig F. Zappia The process of validating a last will and testament could become a little more complicated by legislation Gov. Andrew Cuomo signed into law on Aug. 3. The new law expands the list of people who can …

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spice_hinge_military

Crackdown on Spice Hinges on Marines Outing Marines

By Lisa M. Windsor A U.S. Marine Corps initiative intended to overcome the cultural negativity attached to “snitching” is being tested in Japan and is being eyed as a model for the force in its fight against rampant use of …

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american-justice

Skeptical Military Judges Can’t Fish for More Serious Charges During Guilty Pleas

By Lisa M. Windsor Standing before a judge at court-martial is never easy, especially when a service member is pleading guilty to a charge. It becomes an even more daunting matter when that judge expresses skepticism over the charge to …

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capitol_place

Fed Employees Have a Right to Respond to Rumors behind Removal Actions

By Neil A.G. McPhie Rumors have a way of spreading around federal offices like wildfire. Often they provide titillating or shocking bits of information about management decisions and co-workers’ personal affairs. Sometimes federal employees can even find themselves losing their …

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Washington Monument

Study Reveals Nearly 100% Job Security Rate for Fed Employees

By Neil A.G. McPhie Termination Actions Still Need to Be Aggressively Challenged A new study shows federal employees enjoyed a 99.43 percent job security rate in the 2010 fiscal year and suggests some of them are more likely to die …

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cohabitation

Household Income of College Educated Cohabitators Surpasses Married Couples

By Barbara J. King But Without a Cohabitation Agreement, Cohabitators Risk Great Financial Loss A new Pew Research Center study shows that college-educated, unmarried couples between the ages of 30 and 44 years old have a 5 percent household income …

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Prescription Drugs

Army Prohibits Use of Prescription Drugs 6 Months after Exp. Date

By Greg T. Rinckey Soldiers need to start paying closer attention to the dispense date on their prescription drugs. Their military careers could be in jeopardy if they use prescription pills more than six months after the dispense date and …

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American Flag

Law Prohibits Public Employers from Laying Off Service Members on Active Duty

By Mathew B. Tully New York public employees who took leave to serve their country have less reason to worry about losing their civilian employment due to the consolidation, abolishment, displacement or demotion of their positions under legislation (A.1428-B) Gov. …

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Sanwhich Generation

A Double Decker “Sandwich” – Single Parenting while Caring for Aging Parents

By Jennifer J. Corcoran As the baby boomers begin to reach their mid-50’s and 60’s, many are finding themselves in a place they never imagined – divorced/separated and raising a child/children (or grandchildren) as a single parent, while at the …

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mobile_phone

New Law Makes Texters Behind the Wheel Become Fair Game for Police

By Thomas J. Carr Texting while driving is now an even riskier practice on New York roads with Gov. Andrew Cuomo signing into law legislation (S.5643) that allows law enforcement officers to pull over drivers solely for using hand-held electronic …

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baby_close_up

Region Counties Vary Greatly in Convicting Drunk Drivers with Child on Board

By Thomas J. Carr More than 18 months into New York State’s imposition of tougher sanctions on people who drive drunk with a child in their vehicle, many Capital Region counties are showing mixed results in securing convictions under the …

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summer_love

Unique Summer Wedding Season Underway

By Jennifer J. Corcoran All Couples Should Consider Additional Steps to Properly Prepare for Their Future June has traditionally been the most popular month for weddings, but with a new law legalizing same-sex marriages scheduled to take effect on July …

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washington_from_above

Path Least Taken No More: More Sex Assault Cases Take Court-Martial Route

By Greg T. Rinckey Earlier this year, 17 active duty and veteran service members sued top Pentagon officials for allegedly failing to adequately address sexual assault in the military. The plaintiffs in the case – including 15 women and two …

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coast_guard

Coast Guard Convictions Highlight Aggressive Crackdown on Hazing

By Greg T. Rinckey The courts-martial of seven Coast Guardsmen convicted of hazing other sailors are highlighting how the armed forces are demonstrating little restraint in their effort to aggressively enforce a zero-tolerance policy against the brutal and demeaning practice. …

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to_be_a_target

Study Examines Impacts of Malignant Pleural Mesothelioma on Vets

By Greg T. Rinckey A new study sheds light on the impact of a lethal cancer on veterans.  The study covers Malignant Pleural Mesothelioma (MPM) and its effect on veterans, particularly Caucasians in their early 70s. The study illustrates the …

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sign_no_alcohol

Parents Beware: Driving Home Drunk from Family Getaways Carries Heavier Penalties

By Thomas J. Carr Summer is fast approaching. Capital Region parents will soon be spending quality (and hopefully some relaxing) time with their children at the lake or any of the area’s many summer festivals. But parents will also be …

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Army Times

Ask the Lawyer: “Little White Lies” Not Worth the Risk of an Article 107

By Mathew B. Tully Q: How much trouble would I get into for telling a lie, or stretching the truth, on a military form? A: In the military, even what some might consider innocuous “little white lies” can stain your …

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1295549_aviation_day

2nd Cir. OKs Termination Notice Given to Iraq Vet 3 Days into Reemployment

By Mathew B. Tully In a ruling that could embolden employers eager to shed employees who have been repeatedly called to military service, the 2nd Circuit Court of Appeals on May 31 said a Connecticut dental group did not violate …

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1350860_hand-in-hand

Breast Cancer Cited in Case in which Mom Loses Primary Custody of Daughters

By Barbara J. King A North Carolina judge’s decision to deny a mother primary custody of her two young daughters, in part because she is diagnosed with terminal breast cancer, has shocked many parents and begs the question of whether …

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youre-blowing-it

Albany County DA Pressures Drivers into Taking Breathalyzer Tests

By Thomas J. Carr The stakes for saying no to breathalyzer tests in Albany County are being raised with Country District Attorney David Soares saying his office will cease entering plea bargains for drivers who refuse to submit to the …

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American Heroes II

Court: USERRA Doesn’t Guard GIs Against Hostile Work Environments

By Mathew B. Tully For the first time, a federal appellate court has weighed in on whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members from hostile work environments in which their military duty is the …

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gavel01

Docs Obtained through FOIA Can’t Be Used for Qui Tam Actions

By Greg T. Rinckey Prospective whistleblowers intent on taking legal actions against contractors who fraudulently bill the U.S. government will have to compile evidence for their cases without documents they requested from federal agencies because of a recent ruling by …

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278050_supermarket

Oregon Grocer Fails to Check Out USERRA, Ordered to Pay Vets’

By Mathew B. Tully In yet another instance of veterans’ rights under the Uniformed Services Employment and Reemployment Rights Act being grossly violated, Oregon’s Department of Justice and the Department of Veterans’ Affairs recently announced that the Fred Meyer supermarket …

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New York DWI Attorney - Tully Rinckey PLLC

NY Top Court Blocks DA’s Bid for Harsher DWI-Related Penalties

By Mathew B. Tully A downstate district attorney office’s attempt to push the envelope on how severely drunk drivers can be punished for driving while intoxicated with a conditional license failed when New York’s highest court shot down the effort. …

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don't_ask_don't_tell

Former Lesbian West Point Cadet Provides Cautionary Tale for DADT Repeal

By Greg T. Rinckey By having her readmission application to West Point rejected, a lesbian cadet who resigned from the academy last year is providing a poignant reminder that the military’s “Don’t Ask, Don’t Tell” (DADT) policy remains in effect. …

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lottery_winner

Whether Obtained Through Luck or Death, Planning is a Must for Windfalls

For some people, large sums of money come through luck. For most others, it comes through inheritance or a result of the death of a friend or family member. Whether such a windfall comes from lottery winnings or an inheritance, …

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761191_taxes

IRS Whistleblower Law Finally Pays Off and Pays Out $4.5M

By Matthew E. Estes Better late than never. The IRS has cut its first check under a 4-year-old whistleblower program that targets major tax cheats. According to a recent Associated Press report, the IRS has sent a $3.24 million check …

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729163_investing_1

Phantom Stock Could Ward Off Top Talent Poachers

Capital Region employers need to be put on alert: it’s poaching season. As the economy slowly recovers from the recession, many managers at rapidly rebounding businesses, particularly those in the technology sector, are preparing to lure away, or “poach,” top …

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shen_fight

Video Raises Questions Over Shen Principal’s Use of Force to Break Up Fight

By Michael W. Macomber The viral distribution over the Internet of a video showing a Shenendehowa school district supervisor using physical force to break up a fight between two girls is raising questions over the potential liabilities attached to such …

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Estate Planning

New Definition for “Estate” Threatens NYers’ Long-Term Care Plans

With a definition change in the $132.5 billion state budget the Legislature passed last week, New York has declared it is open season on many of the assets of deceased individuals that normally fell outside of the reach of Medicaid …

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342855_airman_1

More Female GIs Fall in Crosshairs of Divorce

By Barbara J. King For a startlingly high number of women, married life does not go hand-in-hand with military life. That is according to new Pentagon statistics that show the divorce rate of female service members is more than two …

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1324027_squirrel

Renegade Squirrel Offers Reminder of Pet Owner Liabilities

A grey squirrel that is believed to have been domesticated but is now menacing residents of a southern Vermont community is providing a cautionary tale about the liabilities people may face if their pets escape or are set loose and …

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“Kegs and Eggs” Bystanders Are Not Guilty by Association

By Thomas J. Carr With the Albany Police Department casting a wider net in it attempts to apprehend college students who engaged in criminal activity during last Saturday’s “kegs and eggs” riot, many people present at the drunken melee on …

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army_reserve

DoD Conducts First Major Post-9/11 Survey of Guard and Reserve Employers

By Mathew B. Tully For the first time since the nation entered sustained military operations nearly a decade ago, the U.S. Department of Defense this month began its first large-scale, nationwide survey of the employers of Guard and Reserve members. …

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estate_planning

New Tax Law Sweetens Incentives to Give to Charities and Children

It’s starting to look like 2011 could be a brighter fundraising year for charities, which are due for a much-needed boost after pushing through the dark years of the recession. Recent changes to federal tax laws pertaining to gifts, coupled …

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us supreme court

Supreme Court Sides with Reservist in Job Discrimination Suit, Bolsters USERRA

By Mathew B. Tully The nation’s highest court on Tuesday armed reservists with a shield to protect them against co-workers who are bitter over service members’ military obligations and try to undermine their civilian employment. In a decision that bolsters …

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wedding rings

One-third of Joint Account Holders Keep $ecrets from Spouse or Partner

By Barbara J. King Some say there are secrets to a happy marriage, but a recent study leaves no doubt that financial secrets are definitely not among them. Such secrets can actually play a greater role in divorce. According to …

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Massive Medicare Fraud Sting Should Embolden Whistleblowers

By Greg T. Rinckey Federal authorities upped the ante in their effort to curb Medicare fraud by carrying out Thursday the largest U.S. health care take down. The nine-city sting operation led by the Medicare Fraud Strike Force netted 111 …

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Drivers Face a Harder Road If Caught Talking on Their Cell Phones

By Thomas J. Carr New Yorkers will soon have to decide whether it is more important for them to talk on the phone while driving or to have a valid driver’s license. Beginning on February 16, 2011, drivers who are …

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whistle

Park Police Chief Case Shows Complexities Whistleblowers Face in Talking to the Press

By Greg T. Rinckey Almost seven years after a U.S. Park Police chief lost her job after talking to a Washington Post reporter about her agency’s dire need for additional resources, the U.S. Merit Systems Protection Board last month ruled …

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Old Man Winter Could Cost You; Snow and Ice Present a Laundry List of Liability Concerns

Mother Nature this morning unleashed the first of two storms, which over the next two days are expected to blanket parts of the Capital Region with up to two feet of snow. The storms, undoubtedly, will leave in their wake …

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elderly couple

Preparing Now for the Long Term

Irving and Myrna Richman bought long-term care insurance policies in the 1980s. Although they expected to retire with a few million in assets, they wanted to make sure their estate was secure for their daughter. Myrna paid premiums on her …

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Court-Appointed Guardians Steal to Pay for Exotic Dancers and SUVs

CNN reported that a recent investigation by the Government Accountability Office found allegations of elderly abuse by legal guardians in 45 states and the District of Columbia. Guardians were allegedly appointed without proper screening and began stealing assets while courts …

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Major Hit for Drug Manufacturer

Recently, the New York Times reported that GlaxoSmithKline, one of the largest drug producers in the U.K., has agreed to pay $750 million to settle civil and criminal complaints that it for several years sold contaminated and ineffective products to …

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spousal support

New Spousal Support Guidelines Have Taken Effect in New York

By Barbara J. King The second phase of the recently signed divorce reform package took effect last week, setting guidelines for temporary spousal support. The formula, which determines how much the lesser earning spouse receives during the divorce process, creates …

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Alleged Secret Broadcast of Sexual Encounter Leads to Suicide

By Thomas J. Carr An 18-year-old Rutgers University student jumped off the George Washington Bridge in an apparent suicide last month after his roommate secretly filmed him having a sexual encounter with another male and streamed it live on the …

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Hospitals Accidently Leave Foreign Objects Inside Patients After Surgery

A patient safety analysis conducted by the Niagara Health Quality Coalition for Hearst Newspapers found 84 instances of foreign objects being left inside the body after surgery at New York hospitals in 2009. Forgotten items typically included sponges, clamps, drill …

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bed bugs

Sleep Tight… Don’t Let the Bed Bugs Bite

The conclusion of that rhyme has been told to children for countless years, always without a second thought.  Until recently, when the bed bugs really did begin to bite. There has been a marked increase in reported cases of “bed …

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mosque

Mosque Debate Reaching New Level

Unless you have been living under a rock you have no doubt been inundated with discussion of the proposed Islamic Community Center a couple of blocks from the site of the former World Trade Center.  Leaving aside personal opinion, there …

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parade

Labor Day Serves as Reminder of Federal Employment Leave Rights

For many families, Labor Day marks the end of summer, the start of college football, and an extra day off of work. First established in 1882 in the aftermath of the deadly Pullman Strike, Labor Day originally served as a …

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eggs

Don’t Get All Your Eggs from One Basket…

Especially if that basket is from one of the farms affected by the recent salmonella outbreak.  According to the US CDC at least 1,200 illnesses have been reported since May, with some 550 million (550,000,000) eggs now the subject of …

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No Fault Divorce

No Fault Divorce Now the Law in New York

By Barbara J. King With the stroke of a pen, Governor David Paterson has now made the process of getting a divorce much like it is in the rest of the United States. No-fault divorce, which can often streamline the …

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Employment Rights

Supreme Court to Hear Employment Rights Case

By Matthew B. Estes The Supreme Court of the United States will hear oral arguments in the case of Staub v. Proctor Hospital, No. 09-400. For over a decade, Vincent Staub worked as an angiography technologist at Proctor Hospital in …

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estate-tax

2010 – A Good Year to Die?

It might come across as morbid, but 2010 is being branded to be a good year to die, especially for those with large estates. The estate tax or “death tax,” was allowed to lapse at the end of 2009, making …

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eeoc

Report Says Number of Federal Employees With Targeted Disabilities Holding Steady

The U.S. Equal Employment Opportunity Commission has recently released its annual report on the federal work force for fiscal year 2009. The report assesses the state of equal employment opportunity throughout the federal work force. The reported cited the fact …

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prenuptial20agreement

High Divorce Rate Leads to a Rise in Prenuptial Agreements

By Barbara J. King With divorce rates for first marriages in the United States at 50%, many couples are now opting for a pre nuptial agreement, often anticipating a less than till death to us part outcome. A prenup is …

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mspb

Tully Rinckey Gets Vietnam Vet an Increase in Benefits

By Michael W. Macomber A disabled Vietnam Veteran will now receive an increase in benefits as a result of a ruling by the Merit Systems Protections Board. The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive …

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Americans with Disabilities Act

20th Anniversary of Americans with Disabilities Act

By Matthew D. Estes This year marks the 20th anniversary of the signing of the Americans with Disabilities Act (ADA) by President George H.W. Bush. The ADA prohibits, among other things, discrimination in employment by private companies and state and …

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castlesign2

“A Man’s Home is His Castle” Not Exactly

By Thomas J. Carr The recent incident involving a teenage boy and a Delmar homeowner has sparked a fierce debate among Capital Region residents. The case involved what appeared to be a relatively harmless teenage prank, a group of teenagers …

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dwi_sobriety_checkpoint_carr_criminal_law

Area Police Agencies to Conduct DWI Blanket Patrols

By Thomas J. Carr Police agencies around the Capital Region will be out in force this holiday weekend conducting DWI blanket patrols. Expect to see increased road patrols along with DWI checkpoints throughout the area. In Albany County, the patrols …

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Family and Medical Leave Act

Family and Medical Leave Act (FMLA)

Tonight was my first night back in the studio after returning home from military duty and I think we picked a great topic to discuss. Joining me to talk about the Family and Medical Leave Act (FMLA), including the new …

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Mediation

Mediation

By Barbara J. King Stepping in again tonight to host the show was Barbara King, family and matrimonial attorney and partner at Tully Rinckey PLLC. Taking on the topic of mediation, she was joined by special guest Jeffrey Cohen, a …

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Domestic Violence Attorney

Domestic Violence

By Barbara J. King I wasn’t able to be a part of the show this week, but I left the mic in very capable hands. Barbara King, partner at Tully Rinckey PLLC practicing family and matrimonial law, stepped in for …

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supreme court new york

Race for the Supreme Court Third Judicial District

By Thomas J. Carr Lately it seems like the whole country is focused on the Presidential election – studying the debates, the political ads and the candidates’ platforms. Here in the Capital District, we’ve been having a heated political race …

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New York Bankruptcy Attorney

Bankruptcy

As with last week’s show, our topic tonight could not be timelier with the current economic climate in our country. Bankruptcy is something we all hope we will never have to file for; however, some of us will not be …

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Immigration Law

Immigration Law

Tonight we discussed the topic of immigration and got into how immigrants can become U.S. citizens, what happens to illegal immigrants if they are caught, and also the process of international divorce. To help us navigate this area of the …

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Special Education Attorney New York

Back to School: Special Education Law

In addition to guest host Barbara King, we were also joined tonight by Albany special education and school law attorney Jennifer R. Sunderlin of Tully Rinckey PLLC. She was on-hand to help explain the rights of children with special needs …

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New York Custody Lawyer

Back to School: Custody Issues

Family and matrimonial attorney Barbara King, partner at Tully Rinckey PLLC, joined us tonight to discuss custody issues now that children are back to school. The new school year means new activities, new friends, and new problems with visitation schedules …

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Birth Parents Rights - New York Custody Attorney

Birth Parents Rights in Adoption

By Barbara J. King One of the big topics we covered in tonight’s show on adoption was the rights of birth parents during the adoption process. In most cases, the rights vary depending on the type of adoption. With an …

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New York Adoption Attorney

Adoption Law

Tonight’s show was all about adoption. Joining us in the studio to help sort through the different types as well as the laws surrounding adoption were family and matrimonial attorney Barbara King, who is a partner at Tully Rinckey PLLC, …

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New York Divorce Attorney

How to Prepare for a Divorce

By Barbara J. King With so many things to deal with when ending a marriage, it’s important to have a knowledgeable attorney in your corner to guide you through the process. That’s why we had Albany family and matrimonial attorney …

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New York Criminal Lawyer

Signs of Animal Cruelty

By Mathew B. Tully I have noticed that it has become extremely common to see stories about acts of animal cruelty in the news, with reports appearing almost every day. Given this alarming trend, we thought it would be helpful …

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New York DWI Lawyer

Criminal Law Part 2: Speeding tickets, DWI, Drug Laws in New York State

By Thomas J. Carr There is so much to cover when it comes to criminal law and traffic violations that we thought a second show about DWI myths and tips, drug laws and what you need to know about your …

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New York Divorce Attorney

Divorce Law

There are various legal guidelines and contracts involved with getting a divorce that many people are not aware of. With the help of our special guest tonight, family and matrimonial law attorney Barbara King, I hope we were able to …

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New York Internet Crime Attorney

Internet Crimes

By Thomas J. Carr The subject of Internet crime is something that has become increasingly popular and more relevant in the current age. As we start to spend more and more time online and the age of children who use …

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New York Criminal Lawyer

Supreme Court Decisions: Execution Too Much For Child Rapists?

Tonight we discussed the case of a man who had been convicted and sentenced to death in 2003 for raping his 8-year-old stepdaughter. The Supreme Court overturned the sentence with a 5-4 vote, saying that the death penalty is an …

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New York Criminal Lawyer

Supreme Court Decisions: The Gun Ban in D.C.

One of the biggest decisions made by the Supreme Court this term is the lifting of the DC gun ban by a 5-4 vote. It is the first time since 1939 that the Supreme Court has interpreted the Second Amendment. …

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New York Lawyer - Legal Ethics

Legal Ethics: Do Attorneys Have the Right of Free Speech?

During the show tonight, the area of attorney advertising was discussed and what lawyers are allowed to say and what constitutes as advertising for themselves and for their firm. For me, the real question is whether lawyers can ever truly …

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New York Attorney

Legal Ethics: Judicial Pay Raises

Recently, a New York State justice ordered a pay increase for the state’s judges. Everyone deserves a raise if they have quality work to back it up, however, when the person issuing the raise is also a recipient, is this …

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