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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. …
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 …
New Law Separates Home Improvement Contractors from Mortgage Brokers
By Douglas, J. Rose Starting early next year Capital Region home improvement contractors must be careful with how they interact with mortgage brokers. Under a new state law that takes effect Jan. 6, 2012, home improvement contractors and their agents …
New Law Curbs NY Agencies’ “Gotcha” Tactics for Minor Small Biz Violations
By Douglas J. Rose New York regulators are notorious for their unforgiving approach toward businesses that have been found to have committed minor or technical violations. However, a new law could have agencies showing a little more mercy and granting …
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 …
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 …
Stakes Run High in Civil Litigation: Study Shows 1 in 7 Civil Trials Appealed
By Douglas J. Rose Very few civil lawsuits ever make it to trial. In an overwhelming majority of cases, the parties involved in civil litigation decide to settle their dispute rather than risk letting a judge or jury decide the …
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 …
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 …
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 …
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 …
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 last year became scarcer in real estate markets nationwide, according to a National Association of Realtors study. Even without the …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Relocation and School Residency Requirements
By Theresa Wells The relocation of one party after a divorce has become increasingly more common. Generally the issue of relocation occurs after a divorce judgment or custody decree has been rendered and one parent decides to move their residence. …
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 …
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 …
USCAAF: Government Cannot Be Coy When Charging Adultery
By Greg T. Rinckey In a significant win for service members’ due process rights, the U.S. Court of Appeals for the Armed Forces (USCAAF) on Aug. 8 set aside a Marine drill instructor’s adultery conviction and sentence because the specification …
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 …
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 …
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. …
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 …
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 …
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 …
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. …
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 …
Single Dads Continue to Emerge as a Growing Force in American Families
Single dads primarily raising children will be receiving recognition this Father’s Day, not only for their tireless efforts to care for their children but also due to the fact that there are many more of them nationwide. With more men …
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 …
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 …
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 …
NY Top Court Blocks DA’s Bid for Harsher DWI-Related Penalties
By Thomas J. Carr 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. …
On Mother’s Day, Many Moms Are Not Getting What They Deserve: Child Support
By Theresa Wells Mother’s Day is just around the corner and moms across the nation are getting ready to receive a little of what they deserve. For some, it might be a day off from cooking or cleaning; for others, …
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, …
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 …
Land Use Disputes Start Budding with Spring Chores
By Douglas J. Rose With the arrival of spring, the last patches of snow melt, the frozen earth loosens up, and homeowners will soon be able to start tackling their spring chores. Neighbors need to be careful as they go …
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 …
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 …
U.K. Couple Wins Breach-of-Contract Case over “World’s Worst Wedding Video,” Cheated U.S. Newlyweds Have Recourses Too
By Douglas J. Rose News from Britain is showing that a newly wed couple recently won a breach-of-contract lawsuit against their wedding videographer, fulfilling the dream of many married Americans who have wanted to cry after watching shoddily produced videos …
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 …
“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 …
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 …
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 …
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 …
Warranties Carry Weight When Consumers Ask “Where’s the Beef?”
By Douglas J. Rose A class action lawsuit was filed last month in California accusing Taco Bell of false advertising and selling tacos with beef mixtures that were more filler than beef. Consumers have been trying to figure out whether …
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 …
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 …
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 …
Shooting At Local Club Raises Issues of Liability
By Douglas J. Rose A recent shooting at a local Albany nightclub has many people asking the same question: what are the responsibilities of the owners? On December 4, 2010, at approximately 2:30 a.m., two patrons at the Plastic nightclub …
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 …
High Lead Level at Capital Region School Raises Questions
By Douglas J. Rose High levels of lead have reportedly been detected on some window sills and outdoor columns at Berlin Elementary School. The school had the test administered this summer and parents were notified of the results late last …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Battle Over Venue in BP Lawsuits
By Douglas J. Rose The BP oil spill, the largest off shore oil disaster in United States history, has touched off a landslide of civil law suits against the company. A panel of federal judges is currently hearing motions on …
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 …
“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 …
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 …
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 …
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 …
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 …
Criminal Law Part 2: Speeding tickets, DWI, Drug Laws in New York State
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 criminal record would be …
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 …
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 …
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. …
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 …
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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Today’s Honoree is Mathew Tully

Mat founded his law firm in his kitchen in 2004. He has built it to be a multi-million dollar firm in 3 states. In March he left it all behind to serve his country. Mat is a Lt. Col. in …
People on the Move – Robert Rock

Date added: May 14, 2012 Submission Type: New Hire Current employer: Tully Rinckey PLLC Current title/position: Of Counsel Industry: Legal Services Position department: Legal Previous Employer: Law Office of Robert J. Rock Duties/responsibilities: Rock represents creditors and debtors in Chapter …
Wal-mart Owes Millions to Employees Cheated of Overtime Pay

Wal-Mart is known for its low prices, but the company’s most recent headlines highlight its low wages. The retail giant has agreed to pay its current and former employees nearly $4.83 million in unpaid overtime following an investigation by the …
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Tully Rinckey PLLC “Gives Back”

Tully Rinckey PLLC Chief Financial Officer Jeremy Noble presents a check to the Albany Housing Coalition. The money was raised by Tully Rinckey PLLC employees through a weekly donation box. The firm then adds up the monthly dollars and matches …
Tully Rinckey PLLC “Gives Back”

Tully Rinckey PLLC Chief Financial Officer Jeremy Noble presents a check to the American Heart Association. The money was raised by Tully Rinckey PLLC employees in January through a weekly donation box. The firm then adds up the monthly dollars …
Coats for Veterans 2011

Tully Rinckey PLLC partnered with Dickies Clothing to give 50 coats to veterans in the Capital Region for their second annual “Coats for Veterans” event. Tully Rinckey PLLC Managing Partner Greg Rinckey shakes hands with one of 50 veterans who …
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How Easy Prom Night can End a Good College Future or Career Before it Begins
For many teenagers, one of their most cherished nights will take place over one of the next few weekends. Prom night comes with the hope of memories that will be forever remembered, but one wrong move and an entire future …
Tully Rinckey’s Bankruptcy Practice Just Got Rock Solid
Tully Rinckey PLLC is pleased to announce the addition of Robert J. Rock as Senior Counsel of the firms’ bankruptcy practice. Mr. Rock will be representing creditors and debtors in Chapter 7 and Chapter 13 bankruptcies. In addition, he will …
Children Now Control the City

Children inside the Campus Children’s Center on the state campus in Albany walked into a city full of surprises Thursday morning after employees at Tully Rinckey PLLC presented them with their very own metropolis – trees, traffic, tall buildings and …
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Real Estate Closings for the Non-Real Estate Attorney – June 19, 2012

Presenter: Graig F. Zappia, Esq. Date: June 19, 2012 Time: 6:00-7:00 p.m. Skills: 1 CLE Credit Hour If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or e-mail CLE@tullylegal.com. RSVP is required as light fare and non-alcoholic …
Legal Ethics: Duties to Clients – July 17, 2012

Presenter: Douglas J. Rose, Esq. Date: July 17, 2012 Time: 6:00-7:00 p.m. Ethics and Professionalism: 1 CLE Credit Hour If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or e-mail CLE@tullylegal.com. RSVP is required as …
Department of Veterans Affairs Claims Process – August 21, 2012

Presenter: Greg T. Rinckey, Esq. Date: August 21, 2012 Time: 6:00-7:00 p.m. Areas of Professional Practice: 1 CLE Credit Hour If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or e-mail CLE@tullylegal.com. RSVP is required …

