NICHOLAS PASCALE JOINS FIRM
June 2012

Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC is pleased to welcome Nicholas A. Pascale to the firm. Mr. Pascale joins as an associate in the litigation department.

Partner Adam L. Rodd comments, “Nick will be an important part of our firm, bringing us and our clients a unique set of litigation skills honed from years of experience in the courts. His significant experience in the area of insurance defense will be of particular interest to our clients.”

Mr. Pascale received his B.A., cum laude, from Colgate University and his law degree from Emory University School of Law. He was the Managing Editor of the Emory Bankruptcy Developments Law Journal from 2001-2002 and a member of the Academic Honor Society Phi Eta Sigma. He currently presides as the Town Justice of the Town of Marlborough . His practice will concentrate in the areas of insurance defense and general civil and commercial litigation matters.

ORANGE COUNTY PARTNERSHIP NAMES CORDISCO MVP
May 2012

The Orange County Partnership recently named Dominic Cordisco and his Co-Chair of the Alliance for Balanced Growth, John Lavelle, as the Partnership’s 2012 Most Valuable Partners.  As part of a statewide effort to update its wetland maps and extend its jurisdiction, the NYS Department of Environmental Conservation (DEC) is finalizing new wetlands maps for all of Orange County . Mr. Cordisco and Mr. Lavelle immediately recognized the potentially adverse impact of this remapping on businesses, landowners and municipalities. Future construction projects could be in jeopardy and loss of revenue could lead to a reduction of services. Together, they took the lead and began researching alternatives for the DEC to consider, educating the public on the remapping impact and mobilizing the business community and elected officials to ensure that our voices get heard. Their tireless efforts have raised awareness of this issue giving the Orange County community the opportunity to alter an otherwise foregone conclusion.

Orange County President Maureen Halahan stated, “For years, John and Dominic have supported economic development through their Alliance for Balanced Growth activities. Their work on the wetlands issue has been so thorough and exhaustive that it is being used as a model throughout the state. They are undoubtedly the best candidates for this prestigious award.”

The MVP Award is presented to honor an individual or individuals that have gone above and beyond the call of duty to improve the economic strength and diversity of Orange County .

Dominic Cordisco is a partner with the firm.  His practice includes land use permitting and environmental law for both municipal and private clients. He is a past Regional Attorney for Region Three of the New York State Department of Environmental Conservation.  Mr. Cordisco has been a lecturer for various programs including SEQRA, wetlands regulation, endangered species, mining, underground storage, and oil spills, and appears regularly before the New York Association of Towns, the New York Planning Federation, and the Orange County Municipal Planning Federation. Mr. Cordisco is co-chair of the Alliance for Balanced Growth, and he serves as co-chair of the New York State Bar Association - Environmental Law Section’s committee on Mining, Oil and Gas Regulation. He earned his B.A. from the State University of New York at Plattsburgh and his J.D. from Fordham University School of Law, where he received the Murray Award for Outstanding Public Service.

The Annual MVP Breakfast will be held on Thursday, June 7th at 8:00AM at Anthony’s Pier 9 in New Windsor. For reservations, call Ginny Forni at the Partnership (845-294-3696)

The Orange County Partnership has announced that Drake Loeb Partner Dominic Cordisco was named to the organization’s Board of Directors. The Board’s Chairman Alan Seidman stated, “In the last 25 years, the Partnership has been priviliged to attract the influential business leaders in Orange County to its Board, raising the profile of the Partnership to one of the premier economic development agencies in the state. Dominic’s addition to the Board continues that tradtion.”

Mr. Cordisco’s practice includes land use permitting and environmental law for both municipal and private clients. He is a past Regional Attorney for Region Three of the New York State Department of Environmental Conservation; a lecturer for various programs including SEQRA, wetlands regulation, mining, underground storage, and oil spills; and appears regularly before the New York Association of Towns, the New York Planning Federation, and the Orange County Municipal Planning Federation. He is also co-chair of the Alliance for Balanced Growth, and he serves as co-chair of the New York State Bar Association - Environmental Law Section’s committee on Mining, Oil and Gas Regulation. He earned his B.A. from the State University of New York at Plattsburgh and his J.D. from Fordham University School of Law, where he received the Murray Award for Outstanding Public Service.

PARTNER GLEN HELLER RECEIVES COVETED AV-RATING
July 2011

Glen L. Heller, partner with the New Windsor law firm of Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC, has received the coveted AV-Preeminent rating from Martindale-Hubbell. This top rating is awarded by Martindale-Hubbell based on reviews received from the attorney’s peers for excellence in both legal ability and ethical practice.

Mr. Heller maintains a practice devoted to areas such as estate planning and probate, business law, tax and nonprofit/charitable organizations. He is the Treasurer and Past Chairman of the Board of Directors of Hospice of Orange and Sullivan Counties and the founder and leader of Boy Scout Troop and Pack 105 for Special Needs Children.

RICHARD J. DRAKE TO RECEIVE ORANGE COUNTY BAR ASSOCIATION LIFETIME ACHIEVEMENT AWARD
April 2011

Richard J. Drake will be honored by the Orange County Bar Association during its Annual Meeting & Awards Dinner on May 12 when he receives the John F. McBride Lifetime Achievement award. The award recognizes an individual attorney who has maintained the highest professional and ethical standards throughout his or her career. Drake is a founder of and partner with Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC in New Windsor. He has been practicing law in Orange County for more than fifty years in the areas of real estate and business law. Fellow recipients of this honor include Drake’s longtime partner James R. Loeb, who received this award in 2002.

DRAKE LOEB PARTNER TO RECEIVE PRESTIGIOUS AWARD BY UNITED HOSPITAL FUND
March 2011

Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC is pleased to announce that Partner Richard J. Drake will be honored with a Distinguished Trustee Award by the United Hospital Fund. He will receive the prestigious award honoring extraordinary service and leadership to the hospital industry during a ceremony at the Waldorf-Astoria in New York City on June 10, 2011. Other 2011 Distinguished Trustee Award honorees include Trustees from Memorial Sloan-Kettering Cancer Center and New York Presbyterian Hospital.

Mr. Drake is a long-time Member and Past Chairman of the Board of Trustees of St. Luke's Cornwall Hospital and a Member and Chairman of the St. Luke’s Cornwall Health System Board. In addition to his important work advising local hospitals, he has counseled businesses, not-for-profit organizations and individuals in legal matters concerning real estate law, banking and commercial transactions, loan workouts, and business and corporate law for more than fifty years.

Drake Loeb partners Richard J. Drake and Timothy P. McElduff, Jr. presented in conjunction with the Orange County Chamber of Commerce the seminar “How to Challenge Your Commercial Real Property Assessments.” The seminar was held at the Chamber on March 22 from 8:00 a.m. to 9:00 a.m. and discussed the basics of how to seek a reduction in commercial property assessments and recover a refund on past tax overpayments. Admission was free for members. If you are interested in learning more, email us at drakeloeb@drakeloeb.com for further information.

RALPH L. PUGLIELLE, JR. NAMED PARTNER
January 2011

Drake Loeb is pleased to announce that Ralph L. Puglielle, Jr. has been made a Partner effective January 2011. Mr. Puglielle had been employed at the firm as Litigation Counsel. Mr. Puglielle has extensive experience in areas of litigation including construction, collections and business litigation. He received his law degree cum laude from Albany Law School and his undergraduate degree cum laude from SUNY New Paltz. A lifelong resident of the Hudson Valley, Mr. Puglielle currently sits on the Board of Directors of the Newburgh Community Improvement Corp. and is Legal Counsel for the Newburgh Chapter of UNICO National.

The New York State Department of Environmental Conservation has made draft regulations available for public comment, which, if adopted by NYSDEC, will significantly change the regulatory oversight of endangered and threatened species in New York State. The draft regulations, which amend 6 NYCRR Part 182, would require an applicant to provide a "net conservation benefit" in order to obtain a permit to "take" a protected species. Taking is broadly defined, and includes any disturbance of a protected species' habitat. The draft regulations would require an applicant to not only mitigate a project's potential impacts on a protected species, but to enhance the species' habitat above and beyond what it would be even if the project were not built.

The draft regulations define net conservation benefit as:

A successful enhancement of the species' overall population or contribution to the recovery of the species within New York. To be classified as a net conservation benefit, the enhancement or contribution must benefit the affected species listed as endangered or threatened in this Part or its habitat to a greater degree than if the applicant's proposed activity were not undertaken.

Proposed 6 NYCRR § 182.2(o) (emphasis added).

Until now, a project's potential impact on protected species has been largely evaluated and mitigated through the State Environmental Quality Review (SEQR) process; the NYSDEC has seldom issued endangered species permits (known as Article 11 permits) when a project's impacts have been addressed through SEQR. Nonetheless, the conservation of endangered species has long been a legislative policy of New York , and ever since the enactment of the State Endangered Species Act in 1972, NYSDEC has had the authority to require a permit for a take of protected species. But both the enabling legislation and the existing regulations do not provide NYSDEC with a standard to use in deciding whether to issue such a permit. The existing regulations merely provide NYSDEC with the discretion to issue such a permit, on conditions that it "may deem appropriate." 6 NYCRR § 182.4. The State Endangered Species Act simply provides that "the taking ... of any endangered or threatened species ... is prohibited, except under license or permit from the [NYSDEC]." ECL § 11-0535(2). The draft regulations create a new category of permit, called an "incidental take permit," which requires that an applicant provide not only a mitigation plan, but also a net conservation benefit for the species in order to obtain a permit. Proposed 6 NYCRR § 182.11(a).

By requiring an applicant to enhance the habitat of a protected species beyond the status quo ante, NYSDEC is attempting to shift the public goal of protecting endangered and threatened species onto individual applicants. Until now, individual applicants have had to address their own projects' impacts -- not enhance a species' wider viability. When considered broadly, the draft regulations would create a new paradigm for permitting standards: rather than addressing an applicant's own impacts, the applicant must improve the overall environment in order to obtain a permit.

NYSDEC is accepting public comment until September 20, 2010. Public comments can be emailed to wildliferegs@gw.dec.state.ny.us or mailed to Dan Rosenblatt, NYSDEC, 625 Broadway, Albany, NY 12233-4750.

With thanks to Patty Salkin for posting this in her blog, the Law of the Land.

Timothy P. McElduff, Jr. and Ralph L. Puglielle, Jr., a partner and litigation counsel respectively with the New Windsor law firm of Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC, spoke at the National Business Institute’s seminar, “Collection Law Tips and Strategies.” The seminar was held on July 27 from 9:00 a.m. to 4:30 p.m. at the Poughkeepsie Grand Hotel. Mr. McElduff, Mr. Puglielle and other speakers focused on educating businesses and attorneys in the field on the options available for improved success in debt collection. Please email tmcelduff@drakeloeb.com or rpuglielle@drakeloeb.com for more information.

VILLAGE OF MONTICELLO HIRES DRAKE LOEB AS VILLAGE ATTORNEYS
March 2010

We are pleased to announce that the newly installed Village of Monticello board has hired Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC as the new village board and planning board attorneys. Partner Dominic Cordisco comments, “We look forward to working with the new village manager John Barbarite, Mayor Gordon Jenkins, and the members of the board and the other municipal boards and officials and thank them for the opportunity to bring our municipal experience to this area.” Drake, Loeb has one of the top municipal law groups in the Hudson Valley; they represent many area municipalities such as the Town of Cornwall, Town of New Windsor and the Village of Cold Spring.

JAMES R. LOEB SPEAKS AT THE NEW YORK STATE ASSOCIATION OF TOWNS ANNUAL MEETING
February 2010

Partner James R. Loeb was once again among several distinguished speakers at the annual meeting of the New York State Association of Towns, which took place over President’s Day weekend in New York City . His speech, entitled “One Apple, Two Bites,” discussed a series of cases that arose in Orange County involving a challenge to special benefit assessments for water and sewer. Loeb is a former President of the New York State Association of Towns and is one of the top municipal and land use attorneys in the mid-Hudson Valley. His presentation was offered in conjunction with Albany Law School ’s Institute of Legal Studies, which offers continuing legal education programs.

FIRM PARTICIPATES IN BUILDERS ASSOCIATION OF THE HUDSON VALLEY TRADE SHOW IN MARCH
February 2010

Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC was once again proud to participate in the Builders Association of the Hudson Valley’s 28th Annual Trade Show. The building products and services showcase was held on Wednesday, March 3 at Anthony’s Pier 9 in New Windsor from 2:00 pm. to 7:30 p.m. The firm is a long-time member of the Builders Association and Partner Gary J. Gogerty serves on its Membership Board.

TIMOTHY P. McELDUFF, JR. NAMED PARTNER
January 2010

Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC are pleased to announce that Timothy P. McElduff, Jr. has been made a partner effective January 1, 2010. Mr. McElduff’s practice focuses on civil and commercial litigation, representing individual clients, local business owners, and national asset management companies in corporate and partnership disputes, estate litigation and guardianship proceedings, personal injury and insurance defense, tax certiorari proceedings, bankruptcy, collections, and foreclosure. He received his law degree from St. John’s University School of Law and his undergraduate degree from Siena College. He also sits as a Town Justice in the Town of Wawayanda, a position he has held since 2007. He is a Minisink Valley Little League coach, Vice President of the Orange County Magistrates Association, and past Chairman of the Town of Wawayanda Master Plan and Zoning Committee. Mr. McElduff resides in Slate Hill, NY with his wife and three children.

PUGLIELLE JOINS FIRM AS LITIGATION COUNSEL
November 2009

Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC is pleased to announce that Ralph L. Puglielle, Jr. has joined the firm as Litigation Counsel. Mr. Puglielle brings extensive experience in areas of litigation including construction, collections and business litigation. He received his law degree cum laude from Albany Law School and his undergraduate degree cum laude from SUNY New Paltz. A lifelong resident of the Hudson Valley , Mr. Puglielle currently sits on the Board of Directors of the Newburgh Community Improvement Corp. and is Legal Counsel for the Newburgh Chapter of UNICO National.

CORDISCO GIVES TESTIMONY TO NYS SENATE IN OPPOSITION TO WETLANDS REGULATION INCREASES
October 2009

Dominic Cordisco, a partner with Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC, provided testimony during a public hearing before the New York State Senate Standing Committee on Environmental Conservation. His testimony was in opposition to proposed regulations that would expand the state Department of Environmental Conservation’s jurisdiction over wetlands. Mr. Cordisco is a prominent environmental and land use attorney and represents several major developers in the Hudson Valley.  In conjunction with his testimony, Mr. Cordisco submitted written comments on behalf of Alliance for Balanced Growth, Orange County Partnership, the Orange County Chamber of Commerce and Sullivan County Partnership, who are all opposed to these regulations because of the potentially negative effect it would have on development in the area.

Click here to see the full text of written comments in opposition to wetlands regulation.


Click on arrow below to watch video of Cordisco testimony before the NYS Senate.

FIRM PARTICIPATES IN ORANGE COUNTY
CHAMBER OF COMMERCE 2009 BUSINESS EXPO
September 2009

The Orange County Chamber of Commerce held its annual Business Expo on Wednesday, September 16 from 10:00 a.m. to 7:00 p.m. to promote and create networking opportunities for our area businesses. As counsel to the Chamber, Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC was once again pleased to be a part of this event. With more than 2,300 members, the Chamber is the largest business and professional organization in the Mid-Hudson region and one of the ten largest in New York State.

Above, from left, Jennifer Schneider, firm administrator,
with James R. Loeb, partner and firm associate Jennifer Wright with
partner Glen L. Heller and associate Timothy P. McElduff, Jr. at the
2008 Business Expo.

Richard J. Drake, a senior partner at Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC, has been appointed to serve a three year term as a member of the Independent Judicial Election Qualification Commission for the Ninth Judicial District. The Commission is charged with evaluating judicial candidates running for election to the Supreme Court, County Court, Surrogate’s Court, Family Court, New York City Civil Court, District Courts and City Courts throughout New York to determine if they are qualified for the office to which they seek election. Mr. Drake is a past Chairman of the Committee on Character and Fitness in the Ninth Judicial District, Second
Department.

THOMA RECEIVES FIRST ROSE ROSEN MEMORIAL SCHOLARSHIP FROM THE WOMEN’S BAR ASSOCIATION OF ORANGE & SULLIVAN COUNTIES
June 2009

The Women's Bar Association of Orange & Sullivan Counties during the 30th annual meeting at the Eagle's Nest in Bloomingburg presented Drake Loeb staff member Rose Marie A. Thoma with the Rose Rosen Memorial Scholarship. Ms. Thoma will attend Albany Law School in the fall. She has worked with Drake Loeb since 2006. The memorial scholarship is newly created and named for Rose Rosen, who graduated from law school and was denied admission to the New York State Bar because she was a women. She persevered and was eventually successful. She was one of the founding members of the Women’s Bar Association of Orange & Sullivan Counties and remained active until her death.

NEW TAX LAW PROVIDES REQUIRED MINIMUM DISTRIBUTION RELIEF FOR RETIREMENT ACCOUNTS
January 2009

A recent tax law change promises to help give older Americans some much needed financial flexibility as they struggle to manage their finances during this difficult economic time. A key provision in the recently passed Worker, Retiree, and Employer Recovery Act of 2008 is designed to help alleviate the financial burden facing some seniors who have seen their retirement savings shrink dramatically. The new provision provides relief to senior citizens by allowing them to continue to keep money in retirement accounts that they are typically required by law to withdraw once they reach age 70½. Here's a brief summary of this new provision:

As you know, the tax laws generally require individuals with retirement accounts to make required withdrawals based on the size of their account and their age every year after age 70 1/2. This rule is intended to prevent wealthy individuals from using retirement accounts as a tax shelter. Any individual who fails to take a required minimum distribution (RMD) is heavily penalized by the IRS, which taxes the amount not withdrawn at 50%.

The new law suspends the required minimum distribution from retirement accounts in 2009. This waiver, which is available to everyone regardless of their total retirement account balances, applies to all defined-contribution plans, including 401(k), 403(b), 457(b), and IRA accounts. Suspending the mandatory withdrawal allows retirees to keep the money in their account if they choose and possibly recoup some of their losses.

Keep in mind that this is only a summary of this new provision. If you would like to discuss this matter further, please contact Glen L. Heller, Esq. at 845-561-0550.