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In 2018, we reported that CMM litigators Patrick McCormick and Richard DeMaio, representing the St. James Fire District, successfully defended a petition that sought to punish the District for allegedly not complying with a multitude of conflicting F.O.I.L. requests – a victory that saved the District significant funds. In yet another victory, we are pleased to report that the 2018 decision was affirmed on appeal by the Appellate Division, Second Department more than three years later thanks to CMM’s hard work.

Between December 2017 and January 2018, Petitioner and his counsel, Cory Morris, Esq., made a series of requests to the Fire District pursuant to the Freedom of Information Law (F.O.I.L.) for over 40 categories of records spanning years. The claimed purpose of the requests was to provide the public with information concerning a proposal to sell the Fire District’s 100-year-old firehouse on Route 25A to the St. James Fire Department. In March 2018, Petitioner commenced a special proceeding pursuant to CPLR Article 78 seeking to compel the Fire District to comply with the requests, as well as pay him costs and fees.

In lieu of answering the petition, CMM’s litigation team moved to dismiss the proceeding, contending that the petition was moot because the Fire District responded timely to the voluminous requests – and that it did so notwithstanding that Petitioner had made multiple overlapping and duplicative requests with conflicting instructions and modifications. After a hearing and upon review of CMM’s detailed motion papers, the Supreme Court found that the Fire District responded timely, “notwithstanding the confusion and inconsistencies of position engendered by [Petitioner] and his counsel.”

Petitioner appealed, and the Appellate Division, Second Department, ultimately heard oral argument in October 2021. DeMaio’s oral argument, as well as McCormick and DeMaio’s appellate brief, demonstrated to the Court that the lower court decision should be affirmed. Indeed, the Court noted in its decision that (1) the Supreme Court properly determined that the branch of the petition seeking to compel production of the subject documents was rendered moot by the Fire District’s eventual disclosure; (2) the petitioner was not entitled to attorneys’ fees and costs; and (3) the Supreme Court had properly denied the branch of the petition seeking to retrain certain employees of the Fire District with respect to their F.O.I.L. obligations.

CMM has become a go-to appellate team for clients and trial lawyers alike. Learn more about our appeals practice here or contact us.

Pets are family, and one of the reasons our client’s veterinary hospital is so successful is the atmosphere of compassion that their animal-loving staff provides. This type of care has helped the family-oriented practice build their reputation in a NY suburb just north of the city and establish themselves as a leader not only in the surrounding community, but in the veterinary field. Their passion and dedication over two decades in business caught the attention of a larger veterinary group looking to expand, and CMM was thrilled to help our client navigate the multimillion-dollar sale.

Our client expressed their gratitude for CMM’s team, led by Senior Partner and Corporate Department Chair Christine Malafi, with the hard work of Paralegal Kat Campolo, and Legal Assistant Cailey McByrne. The client was particularly appreciative of CMM’s ability to close the deal within a tight timeframe, keeping everything moving smoothly.

This business deal among animal lovers shows that anything is paw-sible when CMM’s M&A team is involved. Visit our M&A practice page to learn more or contact us for your next merger or acquisition.

HIA-LI Board Member Joe Campolo moderated the 44^th HIA-LI Annual Meeting and Legislative Program held virtually on January 14, 2022. Joe reported on the tremendous work of the business community, elected officials, and HIA-LI to push Long Island forward as we enter the third calendar year of the pandemic. The event began with opening remarks by Acting Commissioner and President and CEO Designate of Empire State Development Hope Knight and Suffolk County Executive Steve Bellone. Joe then led a discussion with elected officials about building back our economy and other issues most affecting the business community. Panelists included New York State Senator Mario Mattera, State Assemblyman Mike Fitzpatrick, Town of Smithtown Supervisor Ed Wehrheim, and Town of Islip Supervisor Angie Carpenter.

Fed up with flooding on their land during rainstorms, Suffolk County property owners filed suit against the owners and developers of the neighboring golf club, whose water drainage system they alleged was causing the flooding. They also named various Town defendants in their lawsuit, including the Highway Department, the Planning Department, and the Town itself, for their roles in approving the allegedly faulty drainage system. With holes in the plaintiffs’ case immediately apparent to the CMM Municipal Liability team, we got to work.

CMM’s team, led by Senior Partner and Municipal Liability Chair Scott Middleton and Associate  Richard DeMaio, with support from Paralegal Dominique Berberich, moved for summary judgment (essentially, a request that the Court dismiss the case because there are no facts at issue). CMM successfully presented evidence and testimony from a Town consulting engineer that the drainage plan met the standards of the Town Code. Furthermore, the team demonstrated that the plaintiffs did not timely file notices of claim (required to be filed prior to bringing a lawsuit against a municipal entity in New York) for each instance of flooding, nor did the plaintiffs allege any specific date to identify when the flooding occurred.  

Thanks to CMM’s hard work, the Court granted the Town’s motion for dismissal of the complaint. Learn more about our municipal liability practice group here.