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Mathew B. Tully, Esq.

EDUCATION:

  • JD Brooklyn Law School
  • BA Hofstra University

BAR ADMISSIONS:

  • New York
  • District of Columbia

PRACTICE AREAS

  • Employment Law
  • Military Law
  • Family and Matrimonial Law

COURT ADMISSIONS:

  • New York
  • US District Court for the Northern
  • Eastern and Southern Districts of New York
  • US Court of Appeals for the 1st 3rd 4th 5th 7th and 11th Circuits
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Armed Forces
  • US Court of Appeals for Veterans Claims
  • US Air Force Court of Criminal Appeals
  • US Navy-Marine Corps Court of Criminal Appeals

OFFICE LOCATION(S)

  • Albany NY
  • Washington DC
  • Arlington VA

Mathew B. Tully, Esq.

Founding Partner

Mathew B. Tully, Esq. is the Founding Partner of Tully Rinckey PLLC.

Mat concentrates his practice on the representation of military personnel and federal government sector employees. He has represented federal employees before such federal agencies as the MSPB, EEOC, and OSC and in court before the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Appeals for the Armed Forces.

Mathew B. Tully - Military Defense Attorney

Before launching his legal career, Mat served for three years in the U.S. Army as a field artillery officer. After suffering from military discrimination at the hands of his civilian employer, Mat received his juris doctorate from Brooklyn Law School. A lieutenant colonel in the New York Army National Guard, Mat has chosen to dedicate his legal career to protecting and preserving the rights of his fellow veterans and reservists.

On Sept. 11, 2001, while employed in the legal department of Morgan Stanley, Mat escaped from the World Trade Center and shortly thereafter relocated to Upstate New York. There, in his ski home, he began providing legal services to his friends and former colleagues who were facing the same discrimination he had. The firm quickly outgrew his home and, with the addition of a partner in 2004, Tully Rinckey PLLC opened an office in Albany, N.Y. As a result of success within the federal employment and military law sectors, the firm then expanded into Washington, D.C.

Mat has become a pioneer in the field of USERRA litigation, winning several landmark cases, which have greatly influenced the laws protecting United States veterans. His leadership in military law is reflected in his role as a syndicated columnist for the Army Times. Mat is also frequently asked by local and national media outlets to offer his legal commentary on military matters. Most recently, he has been featured in the Washington Post and on CNN. In October of 2007, Mat testified in front of the U.S. Senate Committee on Veterans' Affairs regarding his criticism of and recommendations to USERRA. He provided his knowledge of laws protecting veterans again in February of 2008 in front of the House Committee on Veterans' Affairs.

In 2005, Mat was deployed to Iraq with the 42nd Infantry "Rainbow" Division and was based at Forward Operating Base Danger in Tikrit, Iraq. As division chief of operations, he was responsible for the organization and implementation of the military's security and stability operations in Saddam Hussein's hometown. Mat returned to the firm in 2006 but was deployed for a second time in October of 2007. During his deployment to Egypt, Mat conducted a series of exercises in support of "Operation Bright Star," which works to enhance the relationship between the United States and the Middle East.

In 2008, Mat graduated from the National Security Space Institute. The NSSI is the Department of Defense's premier institute for training service members to support military operations and advance U.S. national security interests. Upon graduating, he received the Air Force Space Medal, which certified him as a space professional.

He went on to complete the Army Space Operations Officer Qualifications Course making him Army Functional Area 40 qualified. Mat is also a retired supervisory federal law enforcement officer and is a qualified “retired law enforcement officer” under the Law Enforcement Officers Safety Act (LEOSA).

Mat was raised in Massapequa Park, NY but has lived in South Korea, Oklahoma, Georgia, and Brooklyn, NY. He currently lives in Niskayuna, NY with his wife, Kimberly, sons, Kevin and Brendan and dog Oslow.

Case Victories

  1. Mathew B. Tully - Jose D. Hernandez v. Dept of the Air Force - Obtained appeal decision from the Merit Systems Protection Board that the board should overturn its original decision and could adjudicate claims of USERRA violations prior to the statute’s enactment in 1994. Jose D. Hernandez, a retired aircraft mechanic for the Air Force contended he was erroneously charged for leave time from 1980 to 2001. Hernandez was granted the petition and the original decision was vacated.
  2. Mathew B. Tully - Pucilowski v. Department of Justice - Alexander F. Pucilowski Jr., a federal corrections officer and federal air marshal contended he was erroneously charge for military leave from 1989 to 2002 while in the National Guard. Court said a series of its recent rulings on military leave pay cases, including Hernandez, has signaled its view that the Uniformed Services Employment and Reemployment Rights Act should be interpreted liberally to the benefit of guardsmen and reservists. This case resulted in more favorable military leave pay determinations by the U.S. Merit Systems Protection Board toward federal employees who are also in the National Guard or military reserve. “Will expand the time frame for which guard personnel can seek compensation and potentially make their case easier to prove” – Mathew B. Tully
  3. Mathew B. Tully - Jackson v. United States - The United States Supreme Court vacated the prior judgment upholding defendant's sentence and remanded the matter to the court for reconsideration of defendant's sentence in light of Booker.
  4. Mathew B. Tully - State of New York County Court: Orange County - People v Jones Decision and Order - Client's 9 year sentence and conviction vacated with Appeal victory.
  5. Mathew B. Tully - Miller v. U.S. Postal Service - MSPB said reservists who worked at the Postal Service also eligible for back pay because of an erroneous leave policy.
  6. Mathew B. Tully and Greg T. Rinckey - Collins v. Department of the Agriculture - Filed an appeal alleging that while employed by the Department of the Agriculture he was charged military leave even on non-work days which caused him to use annual, sick, or leave without pay to perform military duties from 1989 -2000. Based on USERRA, the agency was ordered to correct its records and to pay appellant the back pay that was owed.

Attorney Contact Info

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DIRECT LINE - 518-640-3514

Contact Us

  • “Service Goes Above and Beyond” – M.B.

    Over the past 5 years I have utilized Mat’s firm. The quality of service goes above and beyond that of any other legal service that I have encountered. The most noticeable action on their part is that they really do …

  • “Veterans are Being Heard!” – R.E.

    “There is not a better choice out there! If it was not for Mr. Tully, I would have just been another Reservist fired and red flagged from ever getting another federal job, and for what, for just being a Patriot …

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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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