News (All)

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 Attorneys Recognized as 2019 “Super Lawyers” and “Rising Stars”

Posted: September 26th, 2019

Campolo, Middleton & McCormick, LLP is proud to announce that five attorneys at the firm, in multiple practice areas, have been named to the 2019 Super Lawyers list, one of them as a “Rising Star.” The CMM attorneys recognized this year, and the practice areas for which they have been recognized, are:

The rigorous Super Lawyers selection process is based on peer evaluations, independent research, and professional achievement in legal practice. The “Rising Stars” recognition denotes superior professional achievement by attorneys who have been in practice for under 10 years or are under age 40. No more than 2.5 percent of lawyers in New York State are named to the Rising Stars list.

Learn more about CMM’s outstanding legal professionals here.

CMM Celebrates the Nikola Tesla Science Center at their 2019 Gala

Posted: September 26th, 2019

On September 26, CMM attended the Tesla Science Center at Wardenclyffe’s Gala at Flowerfield Celebrations honoring our friends Eugene Sayan of Softheon and Peter and Irene Klein of the Claire Friedlander Family Foundation. True to CMM’s innovative spirit, Joe Campolo serves as National Advisory Board Chairman and Marc Alessi serves as Executive Director for the Center, a Long Island gem. It was a night filled with excitement as guests marveled at plasma globes, floating lightbulbs, and flying magnets. Some very special guests were also in attendance including Mark Twain, Sarah Bernhardt, Thomas Edison, and even Nikola Tesla himself. As the guests moved into the ballroom for dinner, they were serenaded by the The Divine Hand Ensemble, which included a theremin.

CMM is proud to support the development of the Tesla Science Center, which is sure to be a one-of-a-kind spot for entrepreneurs, visionaries, and budding young scientists. Check out some of the event photos below, and view all photos from the event here.

The event committee, including CMM’s Marc Alessi and Joe Campolo, pose for a photo to celebrate a successful event.
Special guests Mark Twain, Thomas Edison, Sarah Bernhardt, and guest of honor Nikola Tesla made appearances at the gala.
A Tesla Gala wouldn’t be complete without some of Tesla’s most famous inventions. Jeff from Island Tech Services (ITS) shows us a levitating light bulb.
The CMM team pose for a photo with longtime friend of the firm, Alan Sasserath of Sasserath & Zoraian, LLP. From left to right: Jeffrey Basso, Devon Palma, Vincent Costa, Alan Sasserath, Joe Campolo, Cheryl Mazarowski, and Alan Weinberg.

Leadership and Law: Historic Examples of Leading American Lawyers

Posted: September 26th, 2019

By: Patrick McCormick, Esq. email

Published In: The Suffolk Lawyer

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In honor of this year’s 50th anniversary of the historic Apollo 11 Moon Landing, it seems appropriate that Americans look to the past, not only to see how far we’ve come, but to realize how extraordinary some of the achievements of our forebearers were and to inspire us to similar feats of excellence and innovation in the future. Those who exhibit excellence and innovation, who exhibit a leadership which shows humanity what they could and should be, can be found in every walk of life and every field of study. Perhaps some of the clearest examples of leadership can be found in the diverse history of America’s lawyers.

From the colonial era through the present day, American lawyers have been leading the way in utilizing the law to create a more just and equitable society. They took unpopular, even dangerous positions at times, knowing that to lead is to follow your conscience. Whether that is by using the law as training for the political arena and presidential leadership as Abraham Lincoln did, or asserting their own rights under the law at a time when this was controversial as Margaret Brent did, or through arguing landmark cases as Thurgood Marshall did, there are many ways American lawyers have historically shown leadership.

Many American lawyers have shown leadership through the practice of the law itself. Margaret Brent (1601-1671) became the first colonial woman to appear before a common law court in her duties as the Governor’s attorney and executrix of his will in 1648. She also requested a voice in the assembly and two votes, one as a landowner in her own right and one as the Governor’s attorney. John Adams (1735-1826) represented the British soldiers accused of murder at the Boston Massacre in March 1770, despite both his objections to British actions towards the colonies and his own fear of tarnishing his reputation, believing that everyone should get a fair trial. Thurgood Marshall (1908-1993) had a long and distinguished career arguing civil rights cases, starting with Murray v. Pearson (1934) and culminating in Brown v. Board of Education of Topeka (1954). His success provided a legal basis for arguments that separate but equal was unconstitutional and helped pave the way for the Civil Rights Act of 1964. The actions of these lawyers were strictly within the law, their stage was the courtroom and yet their words set lasting precedent for women’s rights, civil rights and the belief that the law should be impartial and just to all.

American lawyers have also shown leadership by applying the law outside the courtroom. Henry Clay (1777-1852) had his own legal practice for over 50 years but was also a U.S. Senator, Representative and Secretary of State. He was influential in developing the early U.S. legal system as distinct from but built upon the English tradition, and his debate, oratory and compromise abilities helped prevent the Civil War for several decades. Richard Henry Dana, Jr. (1815-1882) joined the Merchant Marines in his youth and eventually specialized in maritime law but was also a distinguished writer. In his Two Years Before the Mast (1840), a memoir from his years at sea and an American classic, he brought the plight of sailors to the public’s attention. Belva Lockwood (1830-1917) became the first female attorney to be allowed to practice before the U.S. Supreme Court. She also ran for president in 1884 and 1888 – the first woman to appear on official ballots – and drafted an anti-discrimination bill passed by Congress in 1879. From applying law to the political sphere to the field of writing and to women’s rights, these American lawyers were also leaders outside the courtroom.

Finally, some American lawyers have led by acting outside the law, only to be vindicated by history and time. Perhaps we could point to Abraham Lincoln (1809-1865), who suspended habeas corpus in 1861 and 1862 to preserve the Union and was retroactively granted the power to do so by Congress in 1863. Or we could speak of Lyda Burton Conley (1869-1946) who challenged the government in Court over the sale of the Huron Cemetery in Kansas City. The first attorney to argue that burial grounds for Native Americans should be entitled to federal protection, when she lost the case, she and her sisters took to guarding the cemetery themselves against all trespassers. In 1916, with the support of the Kansas Governor, the Huron Cemetery was established as a federal park.  

There are as many ways to exhibit leadership as there are ways in which to practice and apply the study of law. What is clear is that law and progress are inextricably bound together, and that American lawyers hold a unique place in their ability to utilize the law to lead America into the future.

Thank you to Michelle Toscano for her research and writing assistance with this article.

The information contained in this article is provided for informational purposes only and is not and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship.

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.

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