Charities Turned Away by Banks

Friday, July 24th, 2009

Planned giving programs are steadily gaining popularity with donors and their charities.  However, banks that service them are slowly turning away.  In fact, there are already key banks that retreated from this financial management area.  They refuse to take charities that have less that $5 million (some even $1 million) in assets.  And there are some that are dropping clients who do not make the cut.

This move is squeezing the smaller organizations, wherein many of them are dependent on banks to manage complex programs and they rely on planned giving vehicles to get donations.  Today, over 50 charities scramble to find new banks since BNY Mellon Wealth Management gave clients a deadline (until Sept. 1) to select another manager.  BNY Mellon is one of the biggest bank players in the investment arena of planned giving.  Likewise, other banks like Wachovia and Merryll Lynch that have longtime philanthropic practices are now folded into merged operations.

A few charities try to join forces in order to gain back clout with banks.  A New York attorney serving on the professional advisory committee of Charities Support Foundation, Andrew Grumet said, “These days, you need to have real money to gain a financial institution’s attention.  That’s just the harsh reality.”

Tags: Andrew Grumet, attorney, banks, BNY Mellon Wealth Management, charities, Charities Support Foundation, donors, Merryll Lynch, New York, Planned Giving, Wachovia
Posted in Planned Giving | No Comments »

Judge Finds Widow Lacks Merit to Sue

Sunday, July 12th, 2009

A Manhattan judge ruled that a widow’s claim for a $9 million malpractice suit for her husband’s attorneys have no merit.  Marilyn Shafer, Supreme Court Justice, ruled that there was no privity between Jean Sorenson Leff, the widow, and Richard Cunningham and William Bush, the attorneys.

Shafer discounted the argument of Leff that occasional interactions between her and the attorneys, which includes her own will preparation, created an attorney-client relationship with regards to her husband’s estate planning.  Shafer wrote that “even if the plaintiff has a subjective belief of an attorney-client relationship, it’s not enough evidence that there is one.”

Due to this, a question was raised on who can sue for malpractice in New York when the attorneys make mistakes in estate planning.  The chair of wills and estates department for Schlesinger Gannon & Lazetera answered, “New York is one of the very few states left with privity doctrine.  Only the decedent has the privity and the right to sue - not even the executor or administrator of the estate could charge malpractice to the attorneys.  Fortunately, more and more states are moving to abandon that doctrine.”

Tags: attorney-client relationship, attorneys, Jean Sorenson Leff, malpractice, Manhattan, Marilyn Shafer, New York, privity, Richard Cunningham, Supreme Court Justice, William Bush
Posted in Estate Planning, Wills | No Comments »

Planned Giveaway of Free Clothing

Monday, June 29th, 2009

On July 11, local residents of Olean, New York, are hosting a large giveaway of food, appliances, and clothing.  This event will be held at 647 S. Union St. South Side Chapel from 9am-1pm.

David Herne, the chapel’s current pastor, established this ministry in 1991.  South Side Chapel is currently under the umbrella of Heritage Aflame ministries.  Paula Ayers, the ministry coordinator, said that they have been shelving clothes since mid-1990s.  She said, “We had property in Bolivar (Main Street) in 1994.  One side of that property was turned into a coffee shop while the other side was converted into a youth game room.  Then, we saw a need for burned out people who need clothing, or for women thrown out by their husbands.”

So they got the property across the street and opened a donation clothing store.  Volunteers sell clothes at quarter and dime prices, “for people who don’t have much money, being able to buy clothing for their kids gave them pride.  But for fire victims or people who truly can’t afford to pay, the clothes have always been given for free,” Ayers concluded.

Rose Levia, a volunteer and member of South Side Union Chapel says, “More volunteers are welcome.  All donations from anyone will also be accepted.”

Tags: Bolivar, clothes, donation clothing store, giveaway, Heritage Aflame ministries, Main Street, New York, Olean, Paula Ayers, Planned Giving, property, Rose Levia, South Side Chapel, volunteers
Posted in Planned Giving | No Comments »

DNA Samples obtained by Tasers

Monday, June 15th, 2009

A New York State judge ruled that it’s permissible for police to obtain a DNA sample from suspects by zapping them with a Taser as long as it is done without excessive extent, malice, or resulting injury.

Sara Sheldon Sperrazza of Niagara County decided to obtain another sample of DNA from Ryan Smith (accused of shooting and gas station robbery) because the first one was sent to the wrong lab by the police. As a result, the DNA sample was opened and spoiled.

When Smith refused to give another DNA sample by swabbing his inside cheek, police zapped him with the electronic stun gun (50,000-volt). Patrick Balkin, his defense lawyer, denounced this. He said, “The judge’s decision means that you can enforce any court order by force, and just Taser anybody anytime.”

On the other hand, Sperrazza cited the Criminal Procedure Law of the state and numerous legal precedents. Also, Officer George McDonnell, the one who used Taser on Smith testified that he only used it for one to two seconds, when the data readout on it says that it can be used for four seconds.

Balkin still insists that the court waived the due process of his client. On the other hand, McDonnell reported that the suspect never complained of injury and none was observed as well.

Tags: DNA, George McDonnell, lawyer, New York, Niagara County, Patrick Balkin, Ryan Smith, Sara Sheldon Sperrazza, Taser
Posted in Injury | No Comments »

Wage Distribution in Divorce Proceedings

Friday, May 8th, 2009

During divorce proceedings, the court will value a person’s exceptional wage earning abilities and distribute a part of it to the spouse. This comprehensive decision was written by a Supreme Court judge in New York. He concluded that the personal good will inherent in one’s career should be considered as a marital asset and must be subject to court evaluation and subsequent distribution upon divorce.

In fact, there have been many divorce decisions that recognized this – licenses and degrees were considered as valuable property rights. But it’s clear that whether corporate executives earned licenses or degrees during their careers, their career expertise would still be subject to equitable distribution.

For example, a corporate executive (even with an undergraduate degree) earns $35,000 in a year. But because of the experience and special skills acquired during marriage, the salary increased to $350,000 a year. In this case, the courts will determine the average pay of college graduates in the area (say $85,000), deduct it to the present value sum ($350,000 less $85,000 = $265,000), multiply the years before reaching retirement (say 15 years), and then discount the result to the present value sum.

So for our example, $265,000 multiplied by 15 years is $3,975,000 in enhanced earnings. The discount amount may only be $1,800,000 depending on the discount rate employed.

Most people are truly shocked by this. Nevertheless, this type of computation is often played in divorce courts. But since this evaluation process is more of an art than an exact science, selecting an experienced divorce lawyer will surely soften the blow.

Tags: court, Divorce, Divorce Lawyer, earnings, lawyer, New York
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

A Task Force on Wrongful Convictions

Friday, May 1st, 2009

Jonathan Lippman, New York’s top jurist, created a task force permanently to examine wrongful convictions, as well as recommend action steps on how to minimize them. As his first major initiative, the state’s Chief Judge has selected lawmakers, scientists, defense lawyers, and prosecutors to be members of the task force.

In his interview, Judge Lippman said “We will take the raw material from New York criminal cases and from around the country too, for that matter. Let’s see what we can do to change the justice system.”

Recent spate of overturned convictions includes high-profile cases of Martin Tankleff, who was convicted of bludgeoning his parents; and Jeffrey Deskovic, who was convicted of raping and murdering his high school classmate. In fact, according to a report of New York Bar Association, there were 53 people exonerated in the state since 1964, half of them were absolved through DNA testing.

The founder of Innocence Project and a criminal lawyer himself, Peter Neufeld, said “This move was unprecedented. Actually, one of the problems with wrongful convictions is that nobody ever collects data on it.”

While a handful of lawmakers and court officials in other states have already set up task forces or commissions with the same objective, some experts say that the version created by Judge Lippman promises to be quite robust compared to the rest.

Tags: criminal lawyer, defense lawyers, Jeffrey Deskovic, Jonathan Lippman, Martin Tankleff, New York, Peter Neufeld, task force, wrongful convictions
Posted in Criminal, Defense lawyer | No Comments »

New York DUI Arrest is Unique

Friday, April 24th, 2009

If you’re arrested for DUI in New York, it can trigger two separate cases. First is DWI (Driving While Intoxicated), which is a criminal case in court. The second is DMV (Department of Motor Vehicles) case, where your driving privileges may be suspended by New York DMV if you’re accused.

Moreover, DWI cases in New York can fall under two theories. Your violation can either be just breaking the law “per se” based on alcohol level, but without driving impairment. The other one is breaking the traditional common law where you lack the necessary mental and physical skills to operate a vehicle as a prudent and reasonable driver.

Bear in mind that if there’s a traffic accident, you refuse to take the chemical test, you attempt to evade the police, or your BAC level is more than .15, then your DWI (also known as DUI) case might have harsher penalties or punishment.

Drinking and driving laws in New York are unique. One of them is giving motorists the right to consult with their lawyers before deciding to take the chemical test. Lawyers in New York are already aware that late-night calls are a part of their job description. Therefore, when in New York, make sure you consult first with a qualified lawyer upon DUI arrest.

Tags: DMV, drinking and driving, dui, dwi, lawyers, New York
Posted in dui lawyers, dui new york | No Comments »

DUI Laws Blog is open!

Wednesday, August 6th, 2008

This blog will feature DUI laws in all 50 states of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia*, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Tags: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia*, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Posted in Uncategorized, dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »