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Small Steps To Lower Your Environmental Impact This Holiday Season

The environment and humanity’s impact on it has been a hot topic for decades now. Here are some simple tips to reduce your impact on the environment this holiday season and beyond…

Photo: Crandall Pond Crandall Park Glens Falls

One of the things that people look forward to during the holidays is seeing friends and family, but that quality time can potentially be spent with a lower impact on the environment. The key word? Carpooling! With so many people moving about during the holiday season, there can be concerns about traffic; Carpooling effectively reduces the number of cars on the road, to improve your own experience as well as those of other families. Another potential option is public transportation. If you take the time to research the public transportation options that are available during the holiday in your community, you may find it to be a safe and efficient way to travel during the holidays, which also reduces your carbon footprint.

Small substitutions on the holiday menu can also have a positive impact on the environment: adding a vegetarian or vegan option to your usual menu can lower the carbon emissions associated with your food. A great place to get vegetables for the holiday season is a local farmers’ market; this will help  support your community, lower your carbon emissions, and make a high quality meal this holiday season. Supporting a local farmers’ market can also add a fun and festive outing with family and friends to your holiday calendar!

If the dessert course is more your speed, consider making a “no-bake” dessert this season; some excellent and delicious options in this category include peanut butter bars, puddings of all sorts, and candied (or caramel) apples!

Plan on controlling your recipe’s output to minimize food waste. If you do have leftovers, store them in a reusable container: try to avoid using single use plastic bags, plastic wrap and tin foil.

Another good option is to remember to lower your thermostat before you leave your house for the holidays. This – in addition to unplugging your devices, turning off lights (or putting them on timers) and making sure your windows are all firmly closed – can not only reduce your environmental impact this season, but lower your electric and heating bills too! 

Finally, when stringing up those festive holiday lights, consider using LED bulbs to save energy and reduce emissions. Also, consider using a timer so that the lights are only on when you want them to be.

Whatever your choices this holiday season, keep the environment in mind; you’ll find that your options are just as festive and fun, and can have a positive impact, too!

Doc’s Restaurant is Moving to Park & Elm

Doc’s Restaurant – which is currently located in the historic Park Theater – will soon be moving across the street, with their last night of service on Saturday, November 19th. This move is part of a rebranding of Doc’s Restaurant, which will be called “Park & Elm”. At their current location, the kitchen can serve up to 60-65 people and the dining room could hold up to 50 guests; however, due to special events and high demand, Doc’s needed a larger kitchen and more space… When Doc’s would have a special event with 50 people or more, the restaurant would have to close because the original facility could not support both the event and regular dining.

Photo credit: Kate Haggerty

Elizabeth and Ben Miller are the power behind the revitalization of this section of downtown Glens Falls. The mother and son team have invested in this area to fill a void in the community, and so Park & Elm will be a restaurant and specialty market. The specialty market and deli will feature local products as well as craft beer, in addition to specialty meats and cheeses as well as more common grocery items. The Millers crafted this concept with the neighborhood in mind; Glens Falls Hospital is within walking distance of Park & Elm. This creates a built-in customer base of hospital employees and visitors alike!

The market and deli will have an open house on Saturday, November 19th from 7am-9pm; this will also the final night of service across the street at Doc’s. The market and deli will be fully open to the public, with the restaurant’s opening date still to be announced; the move will be conducted over the next few weeks. Gift certificates that were purchased at Doc’s will be honored at the new restaurant.

Photo credit: Kate Haggerty

The executive chef – Matthew J. Delos – will have the same role at Park & Elm. To sum up: Park & Elm will be substantially bigger than Doc’s Restaurant. The dining room will be able to seat 85 guests inside, and 60 additional guests on the patio. For more information, please visit park&elm.com

Glens Falls Farmers Market Winters in Aviation Mall

The Glens Falls Farmers Market finished up its outdoor market on October 29, 2022. The indoor market runs on Saturdays from November 5, 2022- April 29, 2023. It is located in the food court area of the Aviation Mall. The indoor farmers market creates a relaxed ambiance with festive music. The food court fades away and the environment is welcoming and jovial. 

Vegetables grown by Alleged Farm

The Glens Falls Farmers Market Association has been bringing locally grown, produced and crafted products to communities around Glens Falls since 1976. The Glens Falls Market is a “Producers Only” Market. This means that the people who are selling the goods have also grown or produced these items. 

Alleged Farm has a stand at the Farmers Market. Their offerings include eclectic vegetables. Some of these vegetables, like quince, are popular in Europe but can be grown in our local climate. Alleged Farm features asian greens and likes to highlight different flavors and textures. 

Alleged Farm is located in Easton, New York. The fields have been farmed since 1788. Stewardship of the land is very important. This stewardship includes sustainable practices. Crop rotation, reduced tillage, and the use of cover crops and compost are tools that are used to maintain healthy soil. 

Alleged Farm participates in community supported agriculture known as CSA. Community supported agriculture is a crop sharing system that connects producers with consumers.  The consumer subscribes to the farm. This arrangement creates several rewards for both the consumer and the farmer. The advantage for farmers is that they get to start marketing their food before the 16 hour days in the fields begin. They receive payment early in the season which helps with cash flow, and they build relationships with the people that eat their food. 

The advantages for consumers is that they are getting ultra fresh food. They are exposed to new vegetables and ways of preparing them. Kids in the family are more open to trying new vegetables if they know the farm that the vegetables came from. Consumers can also feel good about helping to support a local farm. 

As the concept of community supported agriculture has taken shape and expanded variations of the idea have been introduced. The “Mix and Match” or “Market Style” CSA have become popular. This allows the consumer to create their own box or bag of veggies. There are sometimes limitations, like only allowing one box of strawberries per family. CSA’s have branched out. Some farmers offer eggs, homemade bread, meat, cheese and flowers. 

Sean Murphy works at Alleged Farm

Community supported agriculture is not just a transaction, it is a shared risk model. The consumer pays up front for the entire season and the farmer tries to create an abundant box each week. However, if the harvest is light, the consumer will not be reimbursed. This idea of shared risk helps to create a sense of community. When things go wrong the community commiserates together and when things go well they celebrate together. Thomas Christenfeld is the Alleged Farmer and has CSA shares available. To learn more visit the website Theallegedfarmer, or call (518) 692-9065. You can also visit their farm stand at the Glens Falls Farmers Market. 

Aldi Stores Offering 2019 Thanksgiving Price Rewind

Aldi is a local favorite around the Glens Falls area. Aldi is known for having low prices and this store knows their shoppers. This year inflation rates have soared. The Bureau of Labor and Statistics indicated that the inflation rate for food increased 11% in September alone. Shoppers are spending more and getting less. This prompted Aldi to feature a Thanksgiving Rewind to 2019 prices.  Items that are often purchased for Thanksgiving will be offered at 2019 prices. Aldi’s Price Rewind will translate to a savings of up to 30% on some Thanksgiving favorites. The Thanksgiving Price Rewind started on November 2, 2022. 

Aldi, Queensbury NY

Aldi operates under a no-frills principle. This concept and selling private label items helps Aldi keep its prices down. One of the unique systems that Aldi features is a cart rental system.  The shopper rents the shopping cart for a quarter. When they are done with their shopping they return the cart and the quarter is returned.  This rental system saves the company labor costs. It eliminates the time and labor to retrieve abandoned shopping carts. Aldi’s popularity has soared and it is on track to be the third largest grocery chain store behind Walmart and Kroger. 

Dave Rinaldo is the President of Aldi US. He said in a press release, “Providing amazing products at the absolute lowest prices is what we’ve always done, and we know right now that’s more important than ever. We expect to welcome tens of millions of customers in our stores this Thanksgiving season, and we want them to know they can count on us. So why not attempt that additional side dish this year, or invite over a few more friends or family members? You can rest easy knowing Aldi has your back this Thanksgiving, and beyond.”

The Thanksgiving Price Rewind will be available in US locations nationwide in-store and online between November 2nd – November 29th 2022. Visit aldi.com for more information.

Skiing and Snowboard Accidents – A Legal Overview

The first snowfall of the year seems like a good opportunity to talk about skiing and snowboarding – a major hobby of mine.

As many of our friends know, our son was in a pretty serious skiing accident last winter.  The edge of his ski clipped some ice and he was launched off the trail and into the woods where he hit a tree.  Thankfully his leg took the impact and while he had to have surgery and faced a long recovery, we know (and try not to think too much about) how it could have been a lot worse.

As any good son of lawyers, he soon jokingly asked whether he could “sue God for the ice.”  Well, aside from shaking his fist, he’s out of luck.

But, sometimes, someone can be held liable for a skiing accident.  So, today we’re talking about when that might happen.

Assumption of risk is a legal doctrine that can apply to relieve defendants of liability for injuries sustained by an individual in the ordinary course of participating in various sporting or recreational activities like, here, skiing. 

The Third Department (the NY appellate court that covers the area where we practice) recently had occasion to discuss liability for skiing related injuries in a December 2021 case involving a first-time skier’s fall during a lesson.  The Court laid out the analysis as follows:

“Under the assumption of risk doctrine, a ski area operator is relieved from liability for risks inherent in the sport of downhill skiing … when the participant is aware of, appreciates and voluntarily assumes those risks.  Whether a participant is aware of and appreciates a particular risk must be assessed against the background of the skill and experience of the participant.”

Under New York’s Safety in Skiing Code (see General Obligations Law art 18), the Legislature has determined that downhill skiing contains inherent risks that may result in personal injury In light of such recognition, both skiers and ski area operators have certain defined duties.

Some of the inherent risks in skiing recognized by the statute include: “the risks of personal injury or death or property damage, which may be caused by variations in terrain or weather conditions; surface or subsurface snow, ice, bare spots or areas of thin cover, moguls, ruts, bumps; other persons using the facilities; and rocks, forest growth, debris, branches, trees, roots, stumps or other natural objects or man-made objects that are incidental to the provision or maintenance of a ski facility in New York state.”  General Obligations Law § 18–101(1).

In the Bodden case, the court found that the assumption of risk doctrine did not apply to relieve the ski mountain of liability (at least at a pre-trial phase) because the skier was a novice, testified that she expressed apprehension to her instructor that she was able to move from the bunny hill to a regular trail, was on a trail that the instructor acknowledged included a risk to skiers of going into the trees, and the skier did not know how to adequately stop or slow down (the instructor admitted that when the skier went out of control, the experienced instructor was not able to catch up to her).

Assumption of risk typically also will not apply to “concealed or unreasonably increased risks or unique and … dangerous condition[s] over and above the usual dangers that are inherent in the sport”.   Martin v. State, 64 A.D.3d 62 (3d Dep’t 2009).  But it does apply to “risks engendered by less than optimal conditions, provided that those conditions are open and obvious and that the consequently arising risks are readily appreciable”.  Id.

Examples of when a ski mountain or other defendant might be liable for injuries to a skier notwithstanding assumption of risk include: when the ski lift operator fails to stop the lift when someone has fallen or is tangled (Miller v. Holiday Valley, Inc., 85 A.D.3d 1706 (4th Dep’t 2011); when another skier’s reckless conduct causes the accident [meaning that the reckless skier him/herself would be liable] (DeMasi v. Rogers, 34 A.D.3d 720 (2d Dep’t 2006)); a case we recently handled in which the bar of a poorly maintained lift chair fell on our client’s face. 

Examples when a ski mountain or other defendant were found not to be liable: experienced skier’s fall on rail slide in terrain park (Martin v. State, supra); snowboarder standing in the middle of the trail struck by another skier (Martin v. Flutko, 2005 WL 742368 (Sup. Ct. Monroe County 2005)).

If you have been injured skiing, or engaging in another recreational activity, and think it was because of risks that went beyond what is normally expected, give us a call.  We are happy to see if we can help.


ABOUT THE AUTHOR

Scott M. Peterson is the founding partner of D’Orazio Peterson, having left a partnership at a large regional law firm to limit his practice and focus on exclusively representing individuals in a small number of employment and serious injury/medical malpractice matters.

Police Blotter: October 31 – November 6, 2022

Adam T. Giorgio, 41, was arrested for Petit Larceny

Stephen M. Graves, 30, was arrested for Aggravated Family Offense, Endangering Welfare of a Child, 2nd Deg. Harassment, 2nd Deg. Obstruction of Governmental Administration, 2nd Deg. Unlawful Imprisonment, Resisting Arrest

Shaniah A. Sanders, 26, was arrested for 3rd Deg. Assault, Criminal Possession of a Controlled Substance, and Act in Manner to Injure Child Less Than 17

Damian M. Stenson, 45, was arrested for 3rd Deg. Bail Jumping

Frank A. Gifford, 47, was arrested for 3rd Deg. Aggravated Unlicensed Operation of a Motor Vehicle,  and Aggravated DWI; 1st Offense

James C. Sirois, 50, was arrested for Driving While Intoxicated; 1st Offense

Adam C. Brilyea, 31, was arrested for 3rd Deg. Aggravated Unlicensed Operation of a Motor Vehicle

Kimberly I. Schwartfigure, 47, was arrested for Probation Violation

Robert W. Allen, 54, was arrested for 3rd Deg. Assault, 3rd Deg. Criminal Possession of a Weapon

Taylor R. Peters, 26, was arrested for 2nd Deg. Harassment

Patrick M. Collins, 36, was arrested for 3rd Deg. Burglary

Tavonn A. McGlory, 28, was arrested for 1st Deg. Aggravated Unlicensed Operation and 3rd Deg. Petit Larceny

Elijah T. Anderson, 20, was arrested for 2nd Deg. Harassment

Michael C. Pelletier, 34, was arrested for Trespass

Brian F. Brown, 69, was arrested for 2nd Deg. Aggravated Unlicensed Operation

James J. Proctor, 48, was arrested for 3rd Deg. Aggravated Unlicensed Operation of a Motor Vehicle

The Queensbury Hotel and Chapman Museum Pair Nicely Together

On Friday November 11th, The Queensbury Hotel hosted the 16th annual Wine & Chocolate Tasting to benefit The Chapman Museum. “Dry! Robust! Pairs wells with oysters!” Could be heard from the wine vendor tables. Museum supporters wandered the ballroom sipping wine and spirits and enjoying savory chocolates and cheeses. 

Photo Credit Kate Haggerty

Friday night’s festivities were not dampened by the rainy weather.  Guests varied from couples out for a date night, to groups of friends, to active community supporters. Tickets for the event were $45.00 online or $50.00 at the door.  This event featured 28 tables filled with samples of wine and spirits, chocolates/desserts and locally sourced cheese. There were raffles, a door prize, and an online auction. Volunteers at the event were very happy with the turn out. Annie Deppe was asked by a neighbor to volunteer the day before the event. She was happy to do it, “It’s a worthwhile cause and always nice to be involved in community events.” Deppe said as she rearranged wine glasses which were given to each guest as they arrived. The guests casually mingled around the event space, glass in hand, eager to sample the offerings from each table.  

Chapman Museum Volunteers: Beth Roach, Sue Merrill,& Annie Deppe

The Chapman Museum is a local gem. It has a long and storied history that dates back to 1867. At that time hardware merchant, Zopher Delong owned the house. He remodeled what had been a modest wood framed house. He turned it into the structure visitors see today. It is a two story brick building with a Mansard roof. This type of roof maximizes the interior space of the attic.

In the late 1960’s Juliet Chapman donated the house to the community. The museum received a permanent charter from the New York State Board of Regents in 1968. Goals of the Chapman Museum include, to increase knowledge of local history and to inspire a greater sense of community. Since the time of its original charter the museum has added exhibition galleries, climate controlled collections storage, a research room, a multi purpose classroom and a museum shop.

The museum has public hours: Tuesday-Saturday from 10am-4pm & Sunday hours from 12pm-4pm. Admission is a suggested donation of $5 for Adults, $4 Seniors & Students. The Chapman Museum is located at 348 Glen Street in Glens Falls N.Y. (518) 793-2831.  The exhibits change seasonally and highlight subjects that contribute to the heritage of the region. More information can be found on their website at Chapman museum.org

Minich MacGregor Wealth Management Expands Advisory Team in Saratoga Springs, NY

The move follows more than thirteen years of sustained growth for the wealth advisory firm and will bring new insights to client portfolios.

SARATOGA SPRINGS, NY — Minich MacGregor Wealth Management, an SEC-registered investment advisor with offices in Saratoga Springs, NY, and St. Augustine, FL, is pleased to announce the addition of Andrew Pallas to the firm’s wealth management team.

Andrew has been working in the financial industry for more than 8 years and was working as a financial planner for a local credit union’s wealth management division. With a focus on working with families and business owners, he brings a holistic approach to wealth management that addresses his client’s planning needs. Andrew is actively working towards his CERTIFIED FINANCIAL PLANNER ™ designation.

“It’s a privilege to join the team at Minich MacGregor, and I look forward to continuing the work that Jason and Jim started thirteen years ago. From the first meeting, it felt like the right fit, and it was clear that the Minich MacGregor team cares deeply about their clients’ best interests. I’m excited to bring my skills and abilities to the firm and help our clients simplify the complexities of their financial success,” Andrew Pallas said about the move.

“We’ve grown a lot here at Minich MacGregor, and we have done that by focusing on our client’s long-term financial challenges and goals. With Andrew joining our team, we will be able to help more and more families in the Saratoga Springs area,” said Jason MacGregor, who co-founded Minich MacGregor Wealth Management with Jim Minich in 2009.

Contact Minich MacGregor
Building: 4 Congress Park Centre
21 Congress Street, Suite 203 | Saratoga Springs, NY | 12866
Direct: 518.499.4565 | Toll-free: 866.998.7331 | Fax: 518.430.0090
Email: yourteam@mmwealth.com
Website: mmwealth.com

Property Transactions: November 7 – November 13, 2022

ARGYLE

Richard E. Fleming, Jr. sold property at 249 County Route 45 to W&P Roberts Family Holdings LLC for $85,000.

BOLTON

Matthew & Samantha Wells sold property at 261 North Bolton Rd to Charlotte Rentals, LLC for $850,000.

EASTON

Virginia N. Sherbrooke sold property at 2220 County Route 113 to Oesh LLC for $475,000.

FORT ANN

Patrick M. Traver sold property at 1524 County Route 17 to Peter J. Pytka III for $234,900.

Kevin & Kerry Finley sold property at 497 Hadlock Pond Rd to Carlos & Kathleen Zambrano for $500,000.

GLENS FALLS

REO Home Services, LLC sold property at 23 Fourth St to Resurrection Properties, Inc. for $88,000.

Jason R. Henderson sold property at 149-151 Ridge St to Robin J. Demattos & Anthony J. Demattos, Jr. for $310,000.

Heidi Lord sold property at 10 Grand St to Stephanie Tatro for $102,000.

Cody E. Davis sold property at 47 Grove Ave to Alexandra & Paul Vlismas for $250,000.

GRANVILLE

Thomas & Irene Brewer sold property at 46 ½ Church St to Joanne M. Brassard for $70,500.

HORICON

Denise L. Rifenburg sold property at 8 Brant Lake Creek Rd to Kevin Knecht & Diana Rossi for $83,500.

JOHNSBURG

Frederick Whipple, William Devitt, Harold Granger, and Donald Maxam sold property at 138 Garnet Lake Rd to Richard Connor for $150,000.

Francis & Brenda Bernard sold property at 3 Summit Ridge to Brian & Jodie Cohen for $266,000.

KINGSBURY

Jason & Jessica Blair sold property at 240 Main St to Christine Dorvee for $242,250.

QUEENSBURY

Blake Jones & Joseph Porter sold property at 103 McCormack Dr to Mack A. Jones for $206,000.

STONY CREEK

Nancy E. Justus & Amy Justus Dimuccio sold property at 245 States Rd to Joseph & Danielle Burke for $246,000.

WARRENSBURG

Aubrey & Sarah Hopkins sold property at 7 High Pines Terrace to Matthew Kasson for $87,500.

Sarah Beadnell Baxter & Spencer C. Baxter sold property at 44 James St to Kylia Goodner for $219,000.

Local Beauty Takes Highest Honor: Queensbury Norway Spruce Arrives At Rockefeller Center

The Rockefeller Christmas Tree that came from Main Street in Queensbury has arrived in New York City. The 82 foot tall Norway Spruce was donated by the Lebowitz family of Glens Falls. The tree arrived in front of 30 Rockefeller Center and was lifted into position on Saturday morning.  Scaffolding will be erected around the tree and it will be decorated with more than 50,000 multi color, energy-efficient LED lights. These lights will be strung over 5 miles of wire. Solar panels on the top of a nearby Rockefeller Center building will help power the lights through the season. 

Photo credit: Tishman Speyer

The star which will sit on the top of the tree will be an amazing sight. This crystal star will be provided by Swarovski. Swarovski has been a family owned producer of glass since its founding in 1895 by Daniel Swarovski.  This three dimensional star is 9 feet tall, 4 inches in diameter and features 70 spikes covered in 3 million Swarovski crystals. The star weighs 900 pounds. This crystal star was designed by architect Daniel Libeskind. Libeskind is an international figure in architecture and urban design. His work has influenced the field of architecture, urban design and culture.

After the holidays the trunk of our famous tree will be milled down. It will be used as two by fours and two by sixes and donated to Habitat for Humanity. The wood of the Norway Spruce is flexible and durable. These factors make the wood versatile as a building material. Lumber from Rockefeller Christmas Trees have helped build homes from New York to Mississippi. Donating the wood has been a tradition since 2007. Homes that have been built with the wood have commemorative stamps on the exposed wood. 

Tree lighting will take place on Wednesday, November 30th. After November 30th, the tree will be lit daily from 6am-12am. On Christmas Day it will be lit for 24 hours, and on New Year’s Eve it is lit from 6am to 9pm. For more information visit rockefellercenter.com