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October 2011 Archives

Staten Island Native Awaits Permanent Appointment of Appellate Division Judgeship by Governor Cuomo

Due to changes in personnel in the Appellate Division, the second highest court in New York State, Staten Islander, State Supreme Court Justice William F. Mastro, has been named acting presiding justice of the Appellate Division's Second Department. Justice Mastro, a Democrat from Randall Manor, is now the senior judge in the Second Department, and one of the highest ranking jurists ever from Staten Island. It is now up to Governor Cuomo to decide whether to make the appointment permanent, which many believe would be a feather in the cap of the Island Democratic Party.

Expanded Estate Recovery

How does one define their estate? On April 1, 2011 the New York State Legislature has answered the question. Subdivision 6 of section 369 of the Social Services Law of New York has been amended to define an individual's estate as "all of an individual's real and personal property and other assets passing under the terms of a valid will or intestacy." The New York State Commissioner has also adopted regulations which expand ones estate to include any other property in which the individual has any retained life estates and interests in trusts, to the extent of such interests.

Bankruptcy News

Filing for personal bankruptcy has become increasingly dangerous for those living in the Southern District of New York. Recent case law may surprise many New Yorkers who call cooperative apartments home. Prior to these recent decisions, when one would file for Chapter 7 bankruptcy his/her individual property would become part of the estate owned by the Bankruptcy Trustee. Now, however, in addition to having the property become part of the estate, one may lose the property all together.

Depression and Social Security Benefits

Americans' suffering from depression may now be eligible for Social Security Disability ("SSD") benefits. Typically, Social Security Disability benefits are awarded to individuals who cannot work because of a medical condition that is expected to last one year or result in death. Now, however, Americans who suffer from at least five (5) of the specified symptoms of depression every day for at least two weeks may now be eligible for SSD.

Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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Angiuli & Gentile, LLP
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Staten Island, NY 10301

Phone: 347-201-4447
Phone: 718-816-0005
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Staten Island, NY 10305

Phone: 347-201-4447
Phone: 718-816-0005
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