Business Archives - Page 36 of 48

Kiwanis Club of Glens Falls “Spirits In the Trees” Opening Ceremony

Written by Kate Haggerty on December 12, 2022. Posted in Community, Entertainment, Featured, Local Leads.

Kiwanis Club of Glens Falls hosted the opening of “Spirits In the Trees” on Sunday night at Crandall Park. The lighting of the trees took place at just after 5:00 PM; of the 100 trees on display, 94 of them were decorated. Patricia Van Buren, coordinator of the event, was on hand in the late morning on Sunday to help set up.

She was very pleased with the number of trees that were decorated: “Yesterday, it was so nice to see people talking and laughing as they decorated the trees. They were intermingling and introducing themselves to one another. It was wonderful to see the community together” she said, as we wandered from tree to tree, admiring each one. Van Buren decorated her own tree: “Celebrating People and The Cats they Love…and a few dogs.”

Just after 4:30, cars streamed into Crandall Park as the daylight faded into a gray snowy evening. People wandered around the trees, admiring each one and greeting neighbors and friends. There were heaters near the stage, and the boy scouts were raising money by offering hot chocolate for a donation.

The event included remarks from Kiwanis Club President Doug Shaver, and Mayor Bill Collins; these remarks were followed by an invocation by Pastor Chris Jewell of Queensbury United Methodist Church. After these remarks, there was a reading of the themes for each of the trees, and the program for the event had a listing of the trees and the people involved in donating it.

Doug Shaver credited past president and current club secretary Patricia Van Buren with advocating for the event: Shaver said from the band stand, “Spirits in the Trees was the vision of one of our past presidents and current club secretary, Pat Van Buren. Pat felt that families and friends, working together to plan and design a tree theme should gather to decorate those trees in remembering a lost loved one, honoring an individual or group dear to them, or celebrating the importance of something in their lives, would be a wonderful event to share with our community.”

Mayor Collins gave the crowd a warm welcome and received cheers from the crowd. “This is an amazing thing that we’ve got here; and I hate to make predictions as Mayor, but I predict that after you see these lights lighting up, that you’ll all wish that I do that I got a tree. You know both my father and my sister passed away years ago right before Christmas, and it makes Christmas both more meaningful and a little more difficult every year. But as I walked out tonight looking at all of these trees I grew with regret that I didn’t take the time to do this. And I bet there’s a few others as you walk through tonight that would think the same thing. And I’ll bet you there will be double the number next year. Great ideas catch on and this is a great idea.”

The Abraham Wing Elementary School donated a tree, celebrating the Abraham Wing Community; second-grader Quentin Straight was on hand to show off the ornament that he had made in art class. When asked about the most exciting part of the event, Quentin said, “Seeing my artwork on the tree and seeing the tree light up.” Quentin was accompanied by his father Eric Straight, his mother Tori Phillips, and his aunt Johna Ferry.

After the trees were lit, there was seasonal music played by the Queensbury High School Madrigals. Trees will be lit every evening throughout the New Year.

“Should’ve Called Tucker!”

Written by Kate Haggerty on December 9, 2022. Posted in Business, Community, Featured, Local Leads, Workforce.

Tucker Stanclift is the principal founder of Stanclift Law. He practices criminal defense and personal injury litigation, and is known for his aggressive yet compassionate representation of his clients. The focus of his practice is criminal law: DWI’s, civil litigation, personal injury, and vehicle & traffic law.

His office is located at 100 Glen Street, in Glens Falls, NY. From this office, he has a clear view of the Centennial traffic circle in downtown Glens Falls… From that vantage point, Stanclift enjoys watching all of the activity and progress that the City of Glens Falls is making. He credits the tangible improvements of downtown to the foresight of adding the Wood Theater: “The building of The Wood Theater was intentional by business leaders, for downtown restaurants, like Davidson Brothers, and more recently Farmacy, Craft on 9. The Wood Theater contributed to the vision of the downtown” Stanclift said in a recent interview.

Stanclift, who is originally from Lake Placid, attended St. Bonaventure University for his Undergraduate degree, and earned his law degree from Suny Buffalo School of Law.

Stanclift is also an avid supporter of the arts; he spent a summer at Oxford studying theater, and was no stranger to the stage at the Wood Theater. In his final performance at the Wood Theater, Stanclift performed in “A Few Good Men”; Stanclift portrayed the part of the prosecutor, which had been played by Kevin Bacon in the 1992 film version. Stanclift compares his role as a lawyer to that of a story teller, or a performer. “All I’m doing when I’m in front of a jury is telling somebody’s story” he said.

Stanclift has a relaxed and jovial manner, along with a respect and appreciation for the criminal justice system. He finds that taking the emotional element out of the situations for his clients is helpful: “Emotion plays an important role in these situations. I provide impartial analysis, critical thinking and options to my clients” he said. Stanclift represents his clients with the help of Sarah Desantis – his executive legal assistant of 3 1/2 years.

Stanclift emphasizes the importance of the structure of the law to protect people’s rights: “No one can take away a person’s right to a trial” he said emphatically. Explaining the options that are available is one of the essential aspects of Stanclift representing his clients – he communicates their options, and explains the implications and potential outcomes to his clients.

One of the programs that Stanclift is an advocate for is Drug Treatment Court. In this program, non-violent offenders voluntarily enter a treatment program. In Drug Treatment Court, the rules are clearly defined, and a contract between the offender, attorney’s, the District Attorney and the court is signed. Offenders who complete their drug program treatment court program may have their charges dismissed or reduced, or receive a reduction in their sentence.

The outcomes of these treatment programs have been overwhelmingly positive; Stanclift has seen clients that have had terrible accidents and have been prescribed strong narcotics. What begins as an essential pain reliever may quickly turn into an addiction; he has seen situations where this addiction has led to stealing, drug dealing, and robberies. The Drug Court Program creates a situation where people can take responsibility for their addiction, and get the help that they need.

Standclift is also an avid supporter of the new bail reform laws: “When a Judge sets bail, even a nominal amount, the rich get out and the poor stay in. It puts pressure on people and can even lead to false convictions. There is always going to be a tradeoff, but this bail reform is better for the system, and statistics don’t support that it has led to more crime” he said.

Among the promising changes in his profession, Stanclift finds the increased use of technology exceedingly helpful. “The legal environment has been bogged down with paper” he said, gesturing to his Chromebook; due to Covid restrictions and the need to still keep the court systems moving, there was a need for electronic documents. Documents are scanned into the system, the system is updated, and there is no need for boxes and boxes of paper that his profession is known for.

Technological advancement has also affected his communication with his clients; he isn’t tied to a designated phone line, but works primarily from his cell phone. This creates a situation where he needs to create boundaries so that he can be accessible to his clients, but also enjoy his family life: “It’s a problem that it seems like most families have, we are at the dinner table and staring at our individual phone screens. It takes some work to be present, and not distracted by technology.”

However, it is necessary for Mr. Standclift to be available outside of the usual “nine to five” hours. “The phone can ring in the middle of the night and someone is trying to decide whether or not to take a breathalyzer. They need advice. That’s part of my job” he explained.

Stanclift has seen improvements in bail reform, the use of technology and improvements within the system of public defenders as well. He credits the establishment of the Office of Indigent Legal Services as an important tool for people to understand their rights and receive the representation that they need. The purpose of this office is to assist county government and indigent legal service providers in the exercise of their responsibility. This office helps to create oversite so that people who qualify get the legal services that they need.

This office was established as part of the Hurrell-Harring settlement. The representation in this case was so inept that it violated the defendants civil rights. One of the stipulations of the settlement was the establishment of the office of Indigent services.

Stanclift is currently representing Anthony Futia – the accused motorcyclist who allegedly killed 38-year-old Jamie Persons and his 8-year-old step son Quinton Delgaillo in a motorcycle crash in Lake George. Futia recently rejected the Warren County District Attorneys offer of no more than 20 years to life in exchange for a guilty plea. Stanclift spoke for his client in court; barring any other offers, the judge has scheduled the trial date for March 20th.

Tucker Stanclift is a dedicated legal professional, and is active in the New York State Bar association where he held a former Chair of the Young Lawyers Section. He was also Chair of the Criminal Justice Section. In his free time, Stanclift enjoys spending time with his family and boating on Lake George. For more information, visit stancliftlaw.com, or call (518) 745-4346.

Saratoga Biochar To Hold Virtual Public Information Hearing

Written by Kate Haggerty on December 8, 2022. Posted in Business, Community, Featured, Local Leads.

On December 19, 2022, Biochar will be hosting a virtual public information hearing regarding the plans to build a multi-million carbon-fertilizer plant in Moreau Industrial Park on Farnan Road. This meeting will be held via Microsoft Teams from 6p.m.- 8p.m. During the hearing Saratoga Biochar will present a 15 minute overview of the project, which will be followed by public comments and questions. To join the online meeting, use the following link: https://bit.ly/3UaoNjX. Saratoga Biochar CEO, Raymond Apy, said that the Department of Environmental Conservation approved the company’s public participation plan. More information about the Public Participation Plan can be found at saratogabiochar.com then click on PPP.

Saratoga Biochar Solutions has been established to build, own, and operate a fertilizer manufacturing plant in Moreau, New York. This facility is designed to process up to 15% of the biosolids generated in New York, and use them to produce a revolutionary bio-fertilizer. Although there are environmental benefits to the fertilizer that this company is producing, there has been no shortage of red tape, controversy, and push-back from the community.

In 1994, 243 acres of land were acquired by the town of Moreau and zoned for heavy industrial use; this area was designated the Moreau Industrial Park. This area was divided into 26 shovel-ready lots, and in 1997, the first occupant – adhesive manufacturer Hexon – moved into the industrial park… However, since then, there have not been any other tenants.

Recently, Northeastern Biochar acquired 2 lots in the park, hoping to construct Saratoga Biochar: a 74,300 square foot site that would take in biosolids that have already gone through the wastewater system, and then convert them into fertilizer. The plant would be built in three phases, combine two lots in the industrial park, and employ 20 people when it is fully operational.

The advocacy group “Not Moreau” has condemned the addition of a fertilizer plant in Moreau, with community members citing concerns about the access roads that will be built, the increase in truck traffic in the neighborhood, public safety, and potential pollution.

Gina Leclair – a former Moreau town board member – operates the “Not Moreau” facebook page. “The road I live on doesn’t even have yellow lines, it doesn’t have a shoulder. Other roads they’re looking at are residential-type roads. They have lines, but they’re not heavy traffic roads. To bring that type of traffic by all of these homes on these roads does not seem like a wise or safe idea” Leclair reportedly said. The traffic infrastructure is a concern that residents have been vocal about; the Biochar facility is expected to see twenty trucks a day, between the hours of 6:00 AM and 6:00 PM; that works out to 1.6 trucks an hour.

In addition to the community push back, Northeastern Biochar (the owner of Saratoga Biochar) has had to deal with no small amount of red tape: “We applied to the Town of Moreau planning board, and I’ll tell you this: I respect them immensely, (but) they haven’t made it easy for us” Raymond Apy, CEO reportedly said.

Biochar is focused on the environmental impact of the product they are producing; their goal is to remediate a waste problem and simultaneously create a clean and safe fertilizer product. Saratoga Biochar’s process uniquely destroys PFAS, VOCs, pathogens, micro-plastics and numerous other trace contaminants. These “forever chemicals”, micro-plastics and contaminants are removed from the solids and then thermally oxidized in gaseous form to full remediation. According to their website, the Saratoga Biochar process and air treatment systems reduces nitrous oxides, sulfur dioxide, ammonia, particles, and odor; the Biochar processes are expected to help avoid potentially harmful compounds from being released into the Moreau air, water, and soil.

Biosolids are solid, organic matter recovered from the sewage treatment process, and can be used as fertilizer; since the 1920’s, the farming community has used raw sewage sludge from local wastewater plants. Scientific research over the years has confirmed that the biosolids within contain similar nutrients to those in animal manure.

Biosolids often end up in landfills, but landfilling proliferates pathogens and odors; the landfill system of disposal emits methane, spread PFAS and other contaminants in the air and water, and also wastes valuable resources like carbon and other nutrients.

PFAS stands for per-and polyfluoroalkyl substances. They contain a strong carbon-fluorine bond; this allows them to accumulate over time in the environment, and in the bodies of animals and people., and they pose health risks. PFAS chemicals might also be thought of as “everywhere chemicals” since they’ve become so common in the products we use every day.

The goal of Saratoga Biochar is to create a cycle of fewer PFAS and other harmful contaminants that end up on lawns, and in farms, water, and the food supply.

North of Queensbury, the residents of Jenkinsville have contaminated well water; the affected residents have been drinking bottled water due to contamination in wells near an inactive landfill. The DEC has been providing bottled water to residents that showed 1.4-dioxane levels or above found in wells, and continues to study the nearby landfill believed to be the cause. Northeastern Biochar’s ultimate goal is to end the chain of micro plastics, PFAS and other particles showing up in backyards, water sources, and the human body.

With any environmental solution, there will always come a problem. A system that reduces forever chemicals in water, land and the food chain is important technology that can help the environment; however, this environmental advancement supposedly comes with increased traffic, noise, and possibly pollution in the community of Moreau.

As of the end of October of 2022, The Clean Air Action Network of Glens Falls filed a lawsuit: this Article 78 petition is against the Town of Moreau Planning Board, and Saratoga Biochar Solutions. The suit alleges that the Planning Board did not follow the State Environmental Quality Review Act before allowing the project to move forward.

KIRSH Helmets’ Focus is on Saving Lives

Written by Kate Haggerty on December 8, 2022. Posted in ARCC Spotlight, Business, Community, Featured, Local Leads.

KIRSH Helmets is a local manufacturer of motorcycle helmets, and Jason Kirshon – Chairman and CEO – and his team have recently improved the safety of their helmets by engineering and patenting a new fluid liner insert to protect the rider.

Typical motorcycle helmets use styrofoam as the liner to protect the rider in the event of an accident, but the KIRSH helmets use fluid displacement in the helmets instead of styrofoam: this technique reduces rotational acceleration more than any other type of helmet on the market today. Kirshon and his team have developed this technology, and pride themselves on the fact that the KIRSH Helmets are 100% American-made.

Kirshon, an avid motorcycle enthusiast, is critical of other helmet technologies that are on the market today: “The helmets today just don’t cut it. They’re either too big or don’t offer enough protection” he said.

Kirshon, who is originally from Lake George, has spent more than a decade researching and developing helmet technology, which is evident in the company’s name; KIRSH stands for “Kinetic Impact Reactive Safety Helmet”.

Kirshon hopes the patented silicon technology will change the motorcycle industry for the better; he believes that fluid displacement in motorcycle helmets is the most effective way to reduce the number of traumatic brain injuries, concussions, and deaths.

Jason Kirshon also believes that the motorcycle industry is using the wrong material to protect riders: “The helmet industry in its entirety is misdirected. They are using lightweight material. The KIRSH Helmet is heavier and more dense. The important part is that it handles kinetic energy more effectively” Kirshon said during a recent interview. The KIRSH liner is made with a platinum-cured medical grade silicone, which is injected with high quality silicone fluid. There are more than 1,200 annual deaths associated with motorcycle crashes in the United States, and this cutting edge technology could potentially help reduce that number.

One major concern throughout the helmet industry is novelty helmets. Novelty helmets are often not made to withstand potential penetration in an accident; and the retention systems or straps do not reliably keep the helmet fastened on the rider’s head in the event of a crash… A helmet for fashion, it seems, is hardly a helmet at all.

Jason Kirshon prides himself on being able to explain 100% of the science behind the technology in the KIRSH Helmets; he has an in-depth understanding of the relationship between energy and force, which are factors in every crash. Kirshon can explain these complicated scientific concepts thoroughly and succinctly; his depth of knowledge clearly illustrates that the fluid insert in the KIRSH Helmet is far more than a simple gimmick.

At KIRSH Helmets, all of the work that goes into protecting the riders is collaborative: Kirshson and his team are involved in every step of the process. They manufacture and ship the helmets, and have a meticulous tracking system that takes into account each step of assembly.

Jason Kirshon. Paul Alesio, Jeannie Morehouse, Todd Kehley

Jeannie Morehouse has been working at KIRSH Helmets for three years and she loves her job. She got her job with the help of a life coach, and fills many positions at the company; but her most important job is packaging the helmets. “She sees what the customer sees. Hers are the last eyes on the helmet before it gets shipped to the customer” Kirshon said, obviously proud of her work. “Jeannie sees things that others have missed and makes sure that every single helmet shipped out is perfect”.

Jeannie is proud of her job at KIRSH Helmets: “I love it here” she said, and when asked what the best part of her job is, she said without hesitation, “SAVING PEOPLE’S LIVES!”

KIRSH Helmets focus is on the safety of the rider. Everything they do is to protect the rider from harm in the event of an accident, and that dedication is evident in every aspect of KIRSH Helmets… The United States Motorcycle market includes over 9 million motorcycle riders, and KIRSH Helmets wants to help each of them to “enjoy the ride”. For more information, please visit kirshhelmets.com

Park & Elm: Grand Opening!

Written by Kate Haggerty on December 8, 2022. Posted in ARCC Spotlight, Business, Community, Featured, Food, Local Leads.

Park Street Hospitality is hosting the grand opening for their restaurant, Park & Elm, on Friday, December 9th. This is their next step – after the successful opening of the gourmet food market & delicatessen on November 19 – for this multi-concept eatery. Chef Matthew J. Delos has moved his team over from the kitchen at Doc’s Restaurant.

Park Hospitality Manager Ben Miller said: “We are beyond excited to open the dining room doors at Park & Elm. With a fresh take on classic dishes, an expanded cocktail and wine program, and a bright welcoming atmosphere, we are eager to welcome customers to this new chapter in our journey.”

Park & Elm has 85 seats in the dining room and a full service bar; the cocktail menu of which was crafted by lead bartender Ethan McKee. In the Spring, guests will also be served on the three-season enclosed patio, which provides the restaurant with an additional 60 seats. The restaurant will be open Wednesday through Saturday starting at 5:00 PM, and the market is open Tuesday through Saturday from 7:00 AM to 9:00 PM.

For opening night, seats in the dining room will be available by reservation only, and the event will include a ribbon cutting presented by the Adirondack Regional Chamber of Commerce at 4:00 PM.

For more information, call (518) 480-3220, or visit parkandelm.com

Glens Falls Ladies’ Night

Written by Kate Haggerty on December 7, 2022. Posted in Business, Community, Downtown, Entertainment, Featured, Food, Local Leads.

On Thursday, December 8th, The Glens Falls Collaborative is hosting Glens Falls Ladies Night from 4:00 PM to 8:00 PM. Participating businesses will stay open late, offering a variety of discounts; and bars, restaurants & eateries will have special offerings as well.

The Glens Falls Collaborative is a membership organization whose mission is to band together and support Glens Falls. This group organizes festivals, creates advertisements and holds mixers, along with working with the city of Glens Falls on hospitality efforts.

Amongst the shops and stores that are participating in this event, there will also be a pop up party at The WorkSmart Coworking & Meeting Space. This shared workspace concept is a locally owned and certified NYS women-owned business, which is owned by Christy Alexander. The workspace is scaled to individual needs, and utilizes membership plans with different tiers: the four tier system ranges from a $25 per day drop in pass, $159 per month shared workspace, $309 per month dedicated desk, & $409 and up per private office.

The WorkSmart concept helps people who work remotely create a dedicated workspace. There are some challenges to working from home, including distractions, and the blurred lines between home life and work life… WorkSmart creates an environment where people can better concentrate on their work, and also collaborate with other professionals. For people interested in trying out the workspace, there are $25 “Drop-In Passes” available. These passes can be purchased online, and offer a choice of using the shared workspace or a private office; or a meeting room can also be booked. WorkSmart is located at 237 Glen Street, in Glens Falls, NY. For more information, visit worksmartgf.com.

The Glens Falls Collaborative has hosted events that are synonymous with Glens Falls Festivals, including the Adirondack Christkindlmarket, Wing Fest, and Take a Bite. For more information about Glens Falls Ladies’ Night and The Glens Falls Collaborative, visit https://glensfallscollaborative.com/.

Warrensburg Community Job Fair

Written by Kate Haggerty on December 6, 2022. Posted in ARCC Spotlight, Business, Featured, Local Leads, Workforce.

The Warren County job fair is scheduled for Monday December 12, 2022. This event will be held at the Warrensburg Fire Station on 18 Elm Street, from 9:00 AM to 1:00 PM. Businesses located in Warrensburg, Chester, Johnsburg, Thurman, Horicon, Hauge & Stony Creek are invited to register for this hiring event; there is room for up to 20 businesses. This event will include Warren County agencies, such as Warren County Department of Public Works and Countryside Adult Home.

“While the unemployment rate remains low, we still see great value in hosting job fairs to promote all of the great employment options that exist in our community. We have excellent places to work in the northern part of the county, and sometimes they just need the spotlight and the exposure so more residents know about these employers” said Liza Ochsendorf, Warren County Director of Workforce Development.

There had been a previous job fair on October 20, 2022, at Crandall Public Library in Glens Falls; that event hosted 11 employers and 31 job seekers. Businesses that would like to participate are asked to register online at form.jotform.com. Job seekers are not required to register – they can walk in between the hours of 9:00 AM and 1:00 PM on December 12, 2022. For more information, email ochsendorfl@warrencountyny.gov or call (518) 824-8865.

Warren County Data: COVID-19 is Still With Us

Written by Kate Haggerty on December 6, 2022. Posted in Community, Featured, Local Leads.

As much as all of us would love for COVID-19 to be a thing of the past, sadly it is not… As with the cycle of any virus, cases tend to spike after a holiday.

There have been 2 more COVID-19 related deaths, according to Warren County Health Services: these individuals passed away at area hospitals, and were in advanced years of 70s and 80s. Of the 11 cases reported to Warren County on December 5, 2022, 6 were found from home testing. There are 5 people in the hospital in Warren county with COVID-19; this is an increase of 1 person. In the last 5 days, there have been 100 reported cases of COVID-19.

An Axios/Ipsos poll shows that most Americans are not worried about COVID going into the holiday season: one out of three polled saw contracting COVID as a high risk. It seems that Americans are calculating the risk of COVID, and moving on. Half of Americans have returned to their pre COVID routines. According to the poll, American feel optimistic about their health and their financial health. A larger percentage still support government efforts to fight the virus; however, 44% of respondents say that the government has spent enough on fighting COVID, and it’s time to move on.

86% of Americans feel that they are in a better place than they were a year ago, though 84% of Americans feel that we will not be completely rid of the virus in our lifetime.

As we calculate the risks of contracting COVID, there are steps to take to try and avoid getting the virus and spreading the virus. Warren County Public Health suggests:

Stay up to date with the latest booster
Tell guests to stay home if they are feeling sick (even without a fever)
Ask guests to take a home COVID test before arriving
Make gatherings a bit smaller
Encourage guests with weakened immune systems to wear masks
Increase air ventilation
After the gathering monitor for signs of symptoms

Warren County is deemed to have “low’ community levels of COVID-19.

COVID-19 home tests are available and free to the public: they are located at the Warren County Municipal Center (DMV & Human Services Building entrances), Glens Falls City Hall, and town halls around Warren County.

Suspect in the “Walmart Parking Lot Shooting” Arraigned

Written by Kate Haggerty on December 6, 2022. Posted in Community, Featured, Local Leads.

Adrian Simental was arraigned on Monday, December 5, 2022, at the Queensbury Town Court. He is accused of firing a handgun at Brandon Grant, a 52-year-old New York City man. The incident is alleged to have occurred after an aggressive driving incident moments earlier on Route 9 in Queensbury: Police said Simental followed Grant into the Walmart parking lot, where a verbal and physical fight occurred. Simental allegedly then shot Grant in the abdomen. Grant was treated at both Glens Falls Hospital and Albany Medical Center, and has since been released.

Simental faces felony charges of attempted first-degree assault, and second-degree criminal possession of a weapon.

According to NY Penal Law, first-degree assault is a criminal offense that involves intentionally or recklessly harming another person; assault in the first degree is the most serious type of assault you can commit. In order to be convicted of assault in the first degree, the prosecutor must show the following:

That you injured someone using a deadly weapon or dangerous instrument, and you had intent to cause serious injury or,
That you injured someone, and you had the intent to seriously and permanently disfigure or,
That you seriously injured someone, and you did so in manner that showed you had depraved indifference to human life or,
That you seriously injured someone while committing a felony

Felony assault is a Class B felony.

The maximum sentence for being convicted of assault in the first degree is up to 25 years in prison, and as it’s a violent felony offense, the minimum possible sentence is 5 years.

Simental also faces second degree criminal possession of a weapon; this is the most serious of the criminal possession charges. It is against the law to possess a loaded firearm in your vehicle without a license for it. It is also illegal to possess a disguised firearm with the intent to use it in an illegal manner.

This is a class C felony, and could result in a prison sentence of up to 15 years, and since it’s also classified as a violent felony offense, the minimum possible sentence is 3 years. Probation is not an option, even if the offender has no prior criminal record.

According to court documents, Simental said, “I’m a general laborer, but mostly now it’s gonna have to be construction. They are the only ones that take felons, right?”

His next court appearance will be January 3, 2023. He is being held at Warren County Jail, for lack of $200,000 cash bail or $600,000 bail bond.

Tis the Season for Holiday Party Troubles

Written by Giovanna D'Orazio, D'Orazio Peterson on December 5, 2022. Posted in Business, Featured, News, Opinion.

We love a good non-work-related holiday party. Work related? As lawyers like to say, it depends. But both can get the host – and attendees – in trouble. Here are some tips for avoiding lawsuits and headaches related to holiday parties.

Employment issues: Sexual harassment or assault is an obvious concern particularly when alcohol is involved. If something happens at a work function, and it’s reported and the employer does nothing about it – or the perpetrator of bad behavior is the boss – it can result in a host of legal problems. Not only can this conduct implicate employment law issues, but intentional conduct by the boss can get around the Workers’ Compensation bar that usually prevents employees from suing their employer in negligence or for intentional torts (like assault or battery). And if the victim is a guest, and not an employee, they can also sue for negligence.

Tip to avoid: If you are the employer, the party pooper in us says spare your employees another work-related obligation and give everyone a bonus. Barring that, keep an eye on how much alcohol is served and if someone is starting to behave badly, get them home safely. If inappropriate behavior is reported, take it seriously, don’t brush it off, do an investigation and, if appropriate, discipline or counsel the perpetrator. Don’t retaliate against the complainer or make them feel like they aren’t being protected – this is when people call lawyers.

If you are the employee, remember that this is fun but still work. Inappropriate behavior or offensive conversation can have repercussions. Most employees in New York are at will, meaning that you can be fired at any time for any reason as long as it’s not discriminatory or because of protected activity (i.e., retaliatory). As long as an employer applies its code of conduct evenly, it’s unlikely you’ll have any recourse if you’re fired for behaving badly at a holiday party.

Premises liability: If you are hosting a party on property you own or have control over, you are liable for injuries caused by dangerous conditions on the property that you knew or should have known of, or that you created. This can include dangerous people present on the property.

Tip to avoid: Make sure your homeowner’s insurance is up to date. This would also be a good time to fix any safety issues you know about and have been ignoring (for example, is everyone going to be entering your house on a wobbly front step, or where a handrail is loose?). In winter, you also want to be sure there isn’t an accumulation of ice or snow where people will be parking and walking. The law only gives us a reasonable period of time after a storm to clean up.

Dog bites: Does your dog get too excited, anxious or aggressive when strangers or a lot of people are around? Pet owners are strictly liable (meaning it doesn’t matter if you were negligent, i.e., careful or not careful) for injuries caused by their animals if they knew or should have known that the animal has dangerous propensities. Under the law, “dangerous” doesn’t always have to be “vicious” (as in Cujo), even though that’s a common term used when talking about dog-bite legal issues.

Tip to avoid: Put your dog somewhere it can’t escape or will not be walked in on, or out of the house completely. Warning people is not going to help you in this situation.

Dram Shop (bar owners and commercial sales): Do you own a bar? Bars in New York are liable for injuries caused by individuals who are over served. So, if you serve a visibly intoxicated person and they leave and injure or kill someone in a drunk driving accident, you can get in big trouble.

Tip to avoid: Don’t be afraid to refuse to serve, refuse to pour shots, or kick people out.

Dram Shop (furnishing alcohol to minors): New York’s Dram Shop law also makes it illegal to furnish or procure alcohol for minors (under the age of 21). This is a good way to get in trouble during a house party and or if you have rented an establishment for a party and serve minors.

Tip to avoid: Don’t do it and don’t turn a blind eye to it if it’s happening under your roof.

We wish everyone a happy and safe holiday season, and thank you for reading!

To learn more about how D’Orazio Peterson can help you, visit here or go to our website: www.doraziopeterson.com

ABOUT THE AUTHOR

Giovanna A. D’Orazio has experience litigating, among other things, commercial, general civil, employment, land use and personal injury matters in New York State and federal courts. Giovanna also has experience litigating Article 78 proceedings in New York State court.