Capital Region Legal News

Saturday, November 26, 2016

242 charged with DWI in NYS during Halloween crackdown


The New York Police Department often chooses holidays and other celebratory events to crack down on drivers who may have imbibed too much.  This is exactly what happened this past Halloween, when the NYPD set its’ sights on reducing the amount of impaired drivers on the road.


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Monday, November 14, 2016

The Arrest Process


What takes place if I am arrested? How should I respond?

For most of us, being arrested is a frightening prospect, so understanding what will occur can keep you from panicking.  As soon as you are arrested, it is essential to contact a skilled and experienced defense attorney who can represent your interests.

Though the steps may vary somewhat from one region in the U.


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Tuesday, November 1, 2016

New York mag considering relocating from Hudson Square


What should you look for when considering commercial real estate?

Following the recent trend of other media companies, like Conde Nast, Time, Inc. and Associated Press relocating from Midtown to the Financial District, New York Magazine is considering a move as well.  According to COO Kit Taylor, the company is considering a move to a “more efficient and cost effective space.”

Currently, New York Magazine is residing at One Hudson Square, occupying more than 80,559 square feet of space. As of Q3, asking rent for Class A and Class B office space in that neighborhood was $67.


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Saturday, October 29, 2016

Windows 10 Mobile Will Bolster 36,000 Crime-Fighting Phones In New York


When does law enforcement technology violate 4th Amendment rights?

Technology can be used in amazing ways to keep us safe, productive and connected.  We use technology in so many aspects of our lives that we rarely think about the implications.  When it comes to law enforcement, technological advances may be helpful, but they may also lead to 4th Amendment violations.


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Thursday, October 20, 2016

Warrantless Cell Phone Pinging: Is this Constitutional?


As criminal defense attorneys, we routinely review the initial series of events giving rise to an arrest to ensure constitutional criminal procedures were followed. Whether the case involves a traffic stop, stop-and-frisk or search of a property, we are often able to pinpoint certain issues that may have been unconstitutional leading up to the arrest. For instance, the search of a property must begin with a valid search warrant based upon probable cause.


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Tuesday, October 18, 2016

Capital Region Developer and Former University President Named in Recent State Corruption Scandal


What crimes are Alain Kaloyeros and Joseph Nicolla accused of committing?

During the past few weeks, both Alain Kaloyeros, 60, and Joseph Nicolla, 59, have been arrested on charges of bid-rigging in the Albany region. Nicolla, who has been named by Attorney General Eric Schneiderman in a felony complaint, is president of an Albany-based real estate development company Columbia Development. His long-time friend, Alain Kaloyeros, the suspended president and CEO of SUNY Poly, was indicted on related charges a few days before Nicolla. If you are arrested for any criminal act in the Capital Region of New York State, you should contact a


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Sunday, October 16, 2016

Mediation: an Alternative Form of Dispute Resolution


What makes mediation successful in resolving legal disputes?

Mediation has a number of advantages in resolving familial or business disputes. These include the following:

  • Mediation is less adversarial and therefore may be less emotionally taxing than litigation
  • Mediation is considerably less costly than litigation
  • Mediation employs a third party trained in the art of compromise
  • Mediation takes much less time than litigation in our notoriously overburdened courts
  • Mediation may be mandated by some contracts

    While not all legal disputes can be resolved through mediation, a great many can. As long as the parties have decided to be cooperative and somewhat flexible, and the mediator is experienced as a neutral facilitator, the experience can be much less stressful than courtroom confrontation. Having an


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Tuesday, September 27, 2016

New York Broadens Definition of Parenthood


What are the visitation and custody rights of former same-sex couples?

Since New York recognized marriage equality in 2011, same-sex couples have had the legal right to marry. With this right, however, also came the ability to divorce, along with the same issues that must be resolved when a traditional couple ends a marriage, including child custody and visitation.

While children born into a marriage are deemed to be children of both parents under the law, the rights of same-sex couples who had a child before the law was passed, or those who have not married, were unclear. This left same-sex partners who ended their relationship facing insurmountable obstacles gaining visitation or custody of a non-biological child they had not adopted.

Now, the New York Court of Appeals has weighed in on the issue.


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Friday, September 23, 2016

Federal Court of Appeals Decides Pivotal Criminal Expungement Issue


In August 2015, the Second Circuit Court of Appeals considered an important expungement issue involving a home health aide who was unable to secure gainful employment due to a prior criminal conviction on her record. The case involved a woman with a 14-year old conviction for feigning injuries following an automobile accident. As a result, she has been  unable to keep nearly a half-dozen jobs after employers run a criminal background check – and she worked toward having the record expunged.


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Tuesday, September 20, 2016

The Importance of Disclosure in Real Estate Sales


What information must be disclosed by a seller of real estate in New York State?

Whether the sellers or buyers of real estate property use brokers or not, both need to be aware of which flaws or defects must be disclosed to the potential buyer. Part of the process of real estate purchase involves appraisals, inspection reports, and surveys, so presumably the buyer and his or her broker become familiar with any problems with the property. Even so, the question remains: Do one or both of the brokers have to notify the buyer about any known defects, or take investigative action to uncover such defects and report them?

The answers to these and other real estate questions involving legal matters are never as simple as they appear. This is why it is essential that you consult with a


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Saturday, September 17, 2016

Why Women Divorce


What are common reasons women end their marriages?

According to a sampling of marriage counselors, there are six primary reasons women dissolve their marriages. In many cases, the reasons are intertwined. As Christine Wilke, a marriage therapist in Easton Pennsylvania stated recently, “So many women don’t feel seen, heard or validated in the relationship.” This underlying sentiment appears to be at the core of many of the other reasons given for dissatisfaction in the marriage. If you are considering divorce, it is essential that you consult with a


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