CMM Successfully Guides Third-Generation East End Family Business Through Sale

Posted: October 25th, 2019

Campolo, Middleton & McCormick’s M&A team has helped another successful Long Island family business begin its next chapter.

Don Rassiger and his team represented an East End propane supplier in an asset sale to a national propane supply company based in Missouri. CMM worked aggressively to close the deal for our client, a family-owned business for three generations, in under a month. From due diligence to closing, CMM worked the deal as economically and efficiently as possible. “We couldn’t have done it without you,” the client reported to CMM after the sale. “Your team is super helpful. I can’t thank you enough for being so solid for my family and me.”

Learn more about CMM’s ability to deliver value to clients and get deals done here.

CMM Cares Brings Business Community Together at Wine & Dine Benefit

Posted: October 24th, 2019

On October 21, CMM Cares hosted our inaugural Wine & Dine Benefit at the spectacular St. George’s Golf & Country Club to support the critical work of Family Service League. Friends, clients, and the business community came together to enjoy fine wines paired with luxury cheeses and chocolates during our VIP Hour and learned some of the secrets of wine pairings. As the sun went down, guests enjoyed live music over dinner featuring regional dishes from around the world, each expertly paired with their own wine, and many guests enjoyed the warm night out on the deck with a selection of hand-rolled cigars. Thank you to all our sponsors for your generous support, and to everyone who was able to join CMM Cares for this terrific event. Read on for some photos from the event, and view all photos from the event here.

CMM Cares is the firm’s volunteer initiative established to benefit the Long Island community with donations of time, dollars, and support. We host a variety of volunteer and fundraising events throughout the year to benefit local nonprofits.

The CMM team celebrated the evening as a group.
Michael Romano of Romano Brands Fine Wines shows off a luxury bottle of wine to be featured at the VIP hour.
Many good friends and clients attended the event to support our charitable efforts. Here, CMM Managing Partner Joe Campolo poses for a photo with SUNation Solar Systems leadership team and Joe Camberato, President of National Business Capital & Services.
Alan Sasserath, Partner at Sasserath & Zoraian, LLP, wins a bottle of wine at our event raffle.

Lawsuit Against Town of Smithtown Dismissed Thanks to CMM’s Municipal Liability Team

Posted: October 21st, 2019

The Town of Smithtown, a longtime CMM client, has saved significant time and money thanks to CMM’s successful effort to dismiss a lawsuit filed against the Town.

CMM was retained to represent the Town in a lawsuit filed by a plaintiff who claimed personal injuries stemming from a fall on an uneven sidewalk in Hauppauge. Thanks to our team’s work conducting depositions and hearings, it became clear that the Town had never received written notice of the alleged sidewalk defect, as required by the Town Code. CMM’s Municipal Liability team, under the leadership of Senior Partner Scott Middleton, moved for summary judgment dismissing the case (essentially, a request that the Court dismiss the case because there are no facts at issue). As part of the motion, Richard DeMaio submitted evidence – including deposition testimony and an affidavit from the Smithtown Town Clerk – supporting the Town’s position that it had never received prior written notice of the problem. 

The Court agreed, citing well settled law that when a municipal defendant has enacted a prior written notice statute, the municipality may not be subjected to liability for injuries allegedly caused by a dangerous or defective condition without having received prior written notice of the problem. The Court found that the evidence CMM submitted on behalf of the Town established that there had been no prior written notice in this case, and dismissed the lawsuit.

Visit our Municipal Liability page to learn more about our success representing municipal clients.

Court Decision Secured by CMM’s Environmental & Land Use Team Helps Preserve Scenic Beach

Posted: September 27th, 2019

In another successful result by CMM’s Environmental & Land Use practice group, Frederick Eisenbud, Chairman of the group, helped persuade the Honorable Sanford Neil Berland, Acting Justice of the Suffolk County Supreme Court, to deny an Article 78 Petition filed by two residents of Asharoken who desired to construct docks along a section of beach known as the Ida Smith Beach. 

A Village ordinance had been enacted to preserve the beauty of the Ida Smith Beach, and only three docks, located at opposite end of the otherwise pristine beach and built before the ordinance was adopted, were present when the applications were filed. CMM was retained by the Asharoken Bayside Association to intervene in hearings brought to consider the applications. At Eisenbud’s request, the Association retained a wetlands expert and together they appeared and participated in seven public hearings held by the Environmental Review Board, which recommended that the Village Trustees deny the permit applications. The Village Board agreed, and the two homeowners commenced the Article 78 Petition to challenge the denial. 

Eisenbud was permitted to intervene in the Article 78 proceeding on behalf of the Association. Justice Berland’s lengthy and well-reasoned decision dated September 20, 2019, contained a clear discussion of riparian rights and concluded, in large part due to the law and science presented by Eisenbud and the wetlands expert, that the docks, if authorized, would create a precedent that would destroy the magnificent beach the Village Code intended to preserve. Because there were many nearby locations where the applicants could keep their boats, they were not permitted to significantly alter the conditions that attracted their neighbors to the Ida Smith Beach.

As trusted advisors to individuals and community groups as well as industrial, commercial, residential, and municipal entities, our team has the legal skills, in-depth experience, regulatory relationships, technical understanding, and comprehensive knowledge to address our clients’ environmental, land use, regulatory, and compliance needs. Learn more about our sophisticated environmental practice here.

CMM Secures Dismissal of $20 Million Breach of Contract Case Against Our Client in Federal Court

Posted: September 26th, 2019

A $20 million lawsuit in Federal Court would make any defendant anxious, but our client’s anxiety gave way to elation when CMM secured the dismissal of this breach of contract case in full.

CMM’s client, a prominent manufacturing company, faced a $20 million breach of contract action alleging unpaid commissions in connection with the sale of aircraft components to DoD and Prime Airframers. Our Litigation and Corporate teams immediately got to work, researching and drafting together in a team effort to persuade the Court to dismiss the action in full. The CMM team – including Christine Malafi and Richard DeMaio – succeeded, with the U.S. District Judge not only dismissing the case, but even barring the plaintiff from amending its Complaint in an effort to revive the lawsuit.

Our client is extremely happy with the result and with the efforts made on its behalf. Learn more about our commercial litigation work here and how we can help your business work through its toughest challenges.

Campolo Joins Lieutenant Governor Hochul, County Executive Bellone, and Northwell CEO Dowling to Deliver Remarks at HIA-LI 25th Annual Business Achievement Awards

Posted: September 25th, 2019

HIA-LI 25th Annual Business Achievement Awards: Tradable Businesses in the Long Island Innovation Park at Hauppauge

Joe Campolo delivered these remarks at HIA-LI’s 25th Annual Business Achievement Awards, following remarks by New York Lieutenant Governor Kathy Hochul.

Thank you all for joining us here today.  We are all here to celebrate the best and the brightest that Long Island has to offer, a distinction that becomes even more remarkable when you realize what a powerful economic engine Long Island is. 

According to a May 2019 report from the Office of the New York State Comptroller, Long Island is home to 2.8 million people. Between 2009 and the end of 2018, we added 115,400 jobs, to reach a record number of 1.3 million jobs. The unemployment rate on Long Island during that period fell from 7.5% in 2010 to currently 3.7%. With all those jobs, Long Island boasts the second highest average wage in the state (the highest is Manhattan) of just over $60,000 per worker. The median household income was $105,000 for Nassau County, and $93,000 for Suffolk – much higher than the state median of $62,000 for household income. On Long Island the home ownership rate is 72%, compared with 48% for the rest of the state. And the value of our homes averages $460,000 for Nassau and $379,000 for Suffolk, which is significantly higher than the state median of $293,000.  Understanding this helps us realize the tremendous accomplishment of these companies being recognized today, and I ask that we give a round of applause to celebrate all the winners and finalists for helping all Long Islanders achieve this prosperity.

I would also be remiss if I didn’t recognize our host of this great event, our beloved HIA-LI, for its critical role in helping shape this great Island’s powerhouse economy. For 41 years the HIA-LI and its staff, board members, and committee volunteers have been a fierce advocate for all Long Island’s businesses and has served as a steward and protector of our great Park. So could we please give Terri, her amazing staff, our incredible board members, and committee volunteers another round of applause.

Renamed this year as the Long Island Innovation Park at Hauppauge, our Park contains almost 1,400 amazing businesses, which provide jobs to one in 20 Long Islanders. The economic output of the Park over the past few years has been well documented and discussed, as has the fact that it is the second largest industrial park in the country, the first being Silicon Valley. These facts attracted the interest of our great friends at the Suffolk IDA who, along with the RPA, commissioned an Opportunity Analysis to do a deeper dive into the businesses that reside in the Park and come up with initiatives to further anchor the Park to Long Island’s revitalized economy. In April of this year, after an almost year-long process, the IDA released the more than 160-page report, and the conclusions were staggering – in addition to verifying the prior economic analysis that had been conducted on the Park, this report also found that the Park has the largest concentration of tradable businesses not only on Long Island, but also is a full 20% above the national average for tradable business clusters. 

Now, if you’re like me, you may not immediately realize why this is so monumental a statistic. Prior to this report I had not ever understood or focused on what a tradable business was. It turns out, however, that to a region’s economy it is a very big deal, and so we should all understand its significance. You see, every ecosystem must include non-tradable businesses – these are the things that directly support the personal needs of the neighborhood in which the business is located and its citizens. Thus, every community will have barbers, gas stations, delis, laundromats, 7-11s, etc. And while these businesses play an important role, they typically employ local people who do not require enhanced skills and who on average receive lower wages. These businesses are also fully dependent on the immediate residents of that location to consume their goods or services; there is simply not a synergy of either workers or customers who are going to commute a great deal for them. 

High performing ecosystems, however, will also include a mix of tradable businesses, which are the businesses that are not dependent on customers from their immediate neighborhoods to thrive – these industries include things like aerospace, biopharma, manufacturing, IT, and others who have chosen to be there for reasons other than direct access to customers. These businesses enhance any community they are in because they vastly increase the local tax base by paying higher wages, which not only helps the government but also greatly stimulates the local non-tradable economy – in fact, this was the tragic effect when Amazon chose not to relocate to Long Island City. It not only hurt the government’s pocket, but also the local non-tradable economy by not allowing newly high-paid consumers to be located there. Tradable industries also attract skilled works to relocate here from other states and municipalities, which also greatly helps grow our tax base without having to continue to raise taxes. An ecosystem with too few tradable ones suffers greatly because it finds itself simply recirculating dollars rather than growing the pie – an economy with no tradable businesses will collapse, as we saw with Detroit and Flint, Michigan.  

Thus, it is imperative for sustained prosperity to cultivate and grow the number of tradable businesses in any region, causing us to look at why some areas are better than others at attracting and retaining these businesses.   And as I mentioned earlier, the recent study has shown that while the national average for tradable business clusters is 38%, that percentage is much higher – 58% – in the Park.  Having realized this staggering disparity, a large part of the investigation into the report focused on the “why” – why is this little 11-square-mile tract of land in the middle of Long Island such a hotbed for tradable industries, and the answer, almost uniformly, was that it was due to the ability for those businesses to have access to a highly skilled workforce.

Understanding all that, we now know how critical to Long Island it is to maintain, if not grow, this high percentage of tradable business in the Park, for to lose them would be catastrophic. Unlike non-tradable businesses, tradable businesses are our only way to attract and keep the recent grads of our own educational organizations, who are all too often lured away by the glitz of NYC or Silicon Valley. This is the key, as these jobs will pay them adequate wages so they can buy our homes, afford the taxes and enjoy the higher-end amenities Long Island is known for. Thus, the Opportunity Analysis set forth a very detailed action plan of ways for all stakeholders – private business, government, education, and the HIA-LI – to partner together to make sure that we keep this vitality alive in our Park and on Long Island. 

I am proud to report that immediately following the Opportunity Analysis, the HIA-LI commissioned a Task Force comprised of Board members who are leaders in their respective fields to ensure that this critical initiative moves forward. As is typical with the HIA-LI, we have fully embraced this, have rolled up our sleeves, and are getting things done. Most recently, the action item of exploring the possibility of a workforce development center to be created in the park was presented to the Long Island Regional Planning Council, which, after testimony, declared this project one of regional significance and issued a grant to further develop the workforce initiative. We are very thankful for that support, and that initiative is moving forward as we speak.  

We are also working very hard to move forward other initiatives the report identified as critical, such as a greenway connection throughout the park, creating innovation nodes, and enhancing work-life culture. And while this is long and daunting road, our resolve is fierce and our efforts are relentless to move this initiative forward, as we all simply have too much riding on it.

In closing, I would like to say that in addition to the amazing businesses that we have here, none of this would be possible if it were not for the support, cooperation and partnership with our elected officials. During this process I have learned that not only is Long Island a national treasure, but we are a national model for how business and government should partner, and how bipartisan cooperation and support, rather than cheap tweets or insults, is how we on Long Island operate and get things done. During this entire process there has been nothing but interest in helping on all levels, particularly from the Towns of Smithtown and Islip and the County of Suffolk.  Never once did I hear any political issue or ramification be discussed – only a true desire to help make our economy as robust as possible.  In today’s world, this is a huge accomplishment and something we as Long Islanders should all be aware of and proud of. 

Thomas and Yermash Recognized by Herald Community Newspapers as Top Lawyers of Long Island

Posted: September 23rd, 2019

Campolo, Middleton & McCormick, a premier law firm with offices in Westbury, Ronkonkoma, and Bridgehampton, is thrilled to announce that two of its senior attorneys have been recognized by Herald Community Newspapers as 2019 Top Lawyers of Long Island. Dermond Thomas and Arthur Yermash will accept their awards at the gala dinner on Wednesday, September 25, 2019 at the Carltun in East Meadow. The Top Lawyers ceremony celebrates attorneys who embody excellence in their areas of legal practice and demonstrate outstanding community involvement.

Yermash was recognized in the Labor & Employment category. A Partner of the firm based in our Westbury office, Yermash counsels clients in all areas of labor and employment law. He advises clients on compliance with federal, state, and local laws affecting the workplace, including payment of wages, overtime, paid and unpaid leave requirements, employment discrimination, benefit requirements, hiring and termination, among others.  He is often involved in drafting and negotiating employment-related documents including employment agreements as well as non-competition, non-disclosure, severance, and option agreements.  He has extensive experience working with clients in the retail, hospitality/catering, healthcare, and technology industries. A graduate of Baruch College (Macaulay Honors College) and Touro College, Jacob D. Fuchsberg Law Center, Yermash serves as a mentor to many young professionals at the firm.

Thomas was recognized in the Corporate category. He advises clients on matters including mergers and acquisitions, divestitures, corporate finance, commercial agreements, corporate strategy, and corporate governance. Prior to joining CMM, Thomas was Director, Corporate Counsel, and Assistant Secretary at a multibillion-dollar industrial distributor. Thomas is currently an Adjunct Professor at Hofstra University’s Maurice A. Deane School of Law and also serves on the Board of Directors of Girl Scouts of Nassau County. A graduate of Amherst College and Columbia University School of Law, Thomas was recently re-elected to serve his third term as a Trustee in the Incorporated Village of Valley Stream. The first African-American ever to serve in this position, he has focused on fostering good and transparent government, maintaining the integrity of the Village, cultivating new ways to enhance the lives of residents, and facilitating the use of resources to improve recreational programming.

Long Island Press features Campolo in article on HIA-LI Gala and Innovation Park

Posted: September 21st, 2019

HIA-LI Honors Long Island’s Leading Businesses

By Timothy Bolger

Long Island’s top businesses were honored Thursday for their leadership during the Hauppauge Industrial Association’s 25th annual Business Achievement Awards at the Crest Hollow Country Club in Woodbury.

SUNation Solar Systems, Inc. won in the large business category, defense contractor EastWest Industries won for small business, assisted living facility Dominican Village took home the not-for-profit prize, and named rookie of the year was Pure Mammography, a two-year-old startup that offers women’s health screenings in the convenience of a spa-like storefront at Smith Haven Mall. Northwell Health hospital group, New York State’s largest private employer, earned a special leadership award.

“This is not just an event,” HIA-LI President and CEO Terri Alessi-Miceli said as she looked out over the crowd of hundreds of business leaders in the audience. “This is about bringing businesses together. This is about people who are making things happen.”

The Hauppauge Industrial Association Long Island (HIA-LI) is the trade group representing the 1,300 businesses that employ more than 55,000 workers at the Hauppauge Industrial Park, the nation’s second largest industrial park after Silicon Valley. 

“Do not go where the path may lead, go instead where there is no path and leave a trail,” Northwell Health President and CEO Michael Dowling said while quoting Ralph Waldo Emerson during his acceptance speech.

Finalists in the large business category were American Diagnostic Corporation, Custom Computer Specialists, Inc., JLL, and Northwell Heath. Runners up in the small business category were Accu Data Workforce Solutions, Contemporary Computer Services, Inc., National Business Capital & Services, and Prestige Employee Administrators, Inc.

The finalists for rookie of the year were Naka Technologies, LLC, SynchroPET, and Senior Health Plan Specialists Inc. The not-for-profit runners up were ACLD, CN Guidance & Counseling Services, EPIC Long Island, Independent Group Home Living Program, Inc., and Splashes of Hope.

“It’s a prestigious honor to be recognized by the HIA,” said Theresa Ferraro, president of Ronkonkoma-based East-West Industries. “What we were were being recognized for really truly is the founding principals of East/West … saving air crew lives.”

Read more here.

CMM’s Environmental & Land Use Group Relies on Science to Achieve Desired Results from DEC

Posted: September 16th, 2019

CMM’s Environmental & Land Use practice group, under the leadership of Chairman Frederick Eisenbud, was able to persuade the New York State Department of Environmental Conservation (NYS DEC) to permit our client to keep the deck and dock he built without a tidal wetlands permit at his home in place – despite the fact that had DEC demanded its removal for several years before CMM was retained. 

Our client’s deck, dock, and bulkhead were severely damaged by Hurricane Sandy.  When the client sought a wetlands permit to rebuild exactly as the deck, dock, and bulkhead were when he purchased the house, DEC denied the application for the deck and dock because the prior owner built his deck and dock inconsistently with a tidal wetlands permit the prior owner obtained. When the client proceeded to build the deck and dock as they had been when he purchased the house without a tidal wetlands permit, the DEC demanded that he remove the deck and dock, which would have been extremely expensive. Fred directed the client to a wetlands specialist we frequently partner with, and the expert’s inspection revealed that no flora or fauna could be found on the water bottom, under the dock or outside of it, and that the area of the deck and dock over water was actually less than the area approved in the tidal wetlands permit granted to the prior owner. 

CMM knows from experience that when arguments to the DEC are based on science and the facts rather than emotion, the Department will listen. We successfully argued that our client’s construction created no adverse impact to the wetlands, and that what was built should be permitted to remain in place because the DEC would have granted the tidal wetlands permit for what was built had it been submitted with the information obtained by our expert. In a successful result for our client, the DEC imposed a reasonable penalty on our client for doing the work without a permit, but did not require that he remove any part of the deck or dock.

Learn more about how our Environmental & Land Use practice can help you here.