A man has been arrested in connection with the Nov. 27 shooting in the parking lot of the Walmart on Route 9 in Queensbury. According to a press release, The Warren County Sheriff’s Office arrested 33-year-old Adrian Simental of Moreau on the evening of Nov. 29.
Simental has been charged with felony counts of attempted first-degree assault and second-degree criminal possession of a weapon in connection with the incident.
He is accused of firing a handgun at a 52-year-old New York City man after an aggressive driving encounter that occurred between Simental and the victim moments earlier on Route 9. The investigation determined the encounter had occurred near Northway Plaza, and that Simental’s vehicle followed the victim’s vehicle into the Walmart parking lot, where a verbal and physical confrontation ensued. Simental is accused of firing a handgun during the confrontation and hitting the victim in the lower abdomen.
The victim was treated at Glens Falls Hospital and Albany Medical Center, and has since been released. His injuries are not considered life-threatening. Simental fled the scene after the shooting, and was located after an investigation involving members of the Warren County Sheriff’s Office, Saratoga County Sheriff’s Office, and New York State Police.
Simental was arraigned on Nov. 30 in Warren County CAP Court and remanded to Warren County Jail for lack of $200,000 cash bail or $600,000 bail bond. He is due back in Queensbury Town Court on Monday, Dec. 5.
Warren County Sheriff Jim LaFarr thanked all of the agencies and members of the public who assisted the Sheriff’s Office in their investigation and worked diligently to locate Simental. He said, “We strongly encourage everyone to avoid confrontations when faced with aggressive driving encounters and we ask the public to seek assistance from law enforcement when confronted by a ‘road rage’ incident, rather than attempting to resolve these matters themselves.”
On November 23, 2022, members of the Saratoga County Sheriff’s Office Narcotics Unit executed a search warrant after a lengthy investigation into drug trafficking. The search warrant was executed by the Saratoga County Sheriff’s Office Special Operations Team, Narcotics Unit, and South Glens Falls Police Department at 42 Ferry Boulevard, in South Glens Falls.
The press release indicated that multiple subjects were located in the residence and were arrested. One of them, Caitllin Pruess, is accused of possessing and selling quantities of crack/cocaine, heroin, fentanyl, and crystal methamphetamine throughout Saratoga County. Zachary King, Brandan Pulica, Bobbie Demgerd, Patricia Sexton, Rachel Cenate, and Auriel Dabb were also arrested.
As a result of the investigation and search warrant, scales, packaging material, quantities of fentanyl, crack/cocaine, crystal methamphetamine, heroin, suboxone, oxycodone, and a shotgun were seized. All arrested were arraigned in front of the honorable Judge Hogan, in the Town of Moreau Court; of the seven that were arrested, only two – Rachel Cenate & Brendan Pulica – were held in lieu of bail. The other five were released on their own recognizance, and are due to appear in Moreau Town Court at a later date.
The Warren County Board of Supervisors hired John Taflan as new Warren County Administrator at a salary of $120,000. He is taking the place of Ryan Moore, who will be taking over as CEO at Behan Communications. Ryan Moore had filled the position of Warren County Administrator since 2018; Taflan plans to start the administrator post on December 1st. The Warren County Board of Supervisors was happy to find a candidate with the experience and accomplishments of Taflan: he has both management skills, and a stake in the community. They feel this combination is important to help the board overcome challenges that are bound to arise.
Teflan is coming to the position after having completed his career in Washington D.C. He served as a Director of Human Resources, and as an Intelligence Officer overseas; Teflan is a retired U.S. Army officer who received his commission from West Point. His family has owned a property in the hamlet of Cleverdale on Lake George since 1937, but the Teflan family replaced the original seasonal campground with a newly built, year-round home in 2019.
John and his wife Heidi both have military backgrounds: Heidi is a retired naval officer. The two met at the Naval War College in Newport, Rhode Island, and now have two grown daughters who live in Maryland.
Teflan is looking forward to working with the Board of Supervisors and the county departments, and acknowledged the competitive group of applicants from which he was chosen. He is looking forward to having a positive impact in the community that’s been his home away from home for the past 25 years.
SARATOGA SPRINGS, NY — Minich MacGregor Wealth Management, an SEC-registered investment advisor with offices in Saratoga Springs, NY, and St. Augustine, FL, is hosting Tax Strategies to Help Manage Income Taxes in Retirement webinars on Tuesday, December 13th at 1:00pm and Thursday, December 15th at 5:00pm.
In these webinars, you will learn the the answers to your questions:
What and how do Roth Conversions work?
Is Social Security taxable in retirement? What is the tax torpedo?
How are my capital gains on my investments taxed?
SARATOGA SPRINGS, NY – Catholic Charities of Saratoga, Warren and Washington Counties invites the local community to unwrap the magic of the holiday season at their 27th annual fundraiser – The Festival of Trees – on Wednesday, November 30 through Sunday, December 4, at the Saratoga Springs City Center.
The Festival returns with a showcase of beautifully decorated trees, wreaths and other holiday and gift items for purchase. Festival proceeds will benefit the programs of Catholic Charities of Saratoga, Warren and Washington Counties. The Festival of Trees event hours vary as follows: Festival of Trees Preview Reception, Wednesday, November 30, 6-8pm; Festival of Trees, Thursday, Dec. 1, 4-9pm; Friday, Dec. 2, 3-8pm; Saturday, Dec. 3, 12-7pm; and Sunday, Dec 4, 11-2pm. Tickets are $10 per person, $5 for Seniors, $5 for ages over 10 and free for anyone 10 and under, when accompanied by an adult. Special admission pricing set at $5 will be offered on Thursday of Victorian Streetwalk Weekend after 5pm. Festival of Trees tickets can be purchased at the entrance to the Festival. Festival of Trees Preview Reception tickets can be purchased online at http://www.saratogafestivaloftrees.com/ or by calling 518-587-5000.
After a two-year pause, Breakfast with Santa returns this year. There are three Breakfasts with Santa on Saturday, December 3: the first scheduled for 8:30-9:30, then 10-11 and 11:30-12:30; Sundaes with Santa follows from 1-2pm. Tickets are $10 each. Children 2 and under are free. Adults must accompany children. Tickets include either the breakfast or sundae, a tour of the Festival of Trees, a photo with Santa and access to a variety of children’s activities for $1 per ticket. Activities include cookie decorating, face painting, manicures, ornament making, picture frame creating and letters to Santa. There will also be a Holiday Shop with gifts for purchase. Breakfast with Santa and Sundaes with Santa admission tickets are sold in advance only and can be purchased online at http://www.saratogafestivaloftrees.com/ or by calling 518-587-5000.
Executive Director of Catholic Charities of Saratoga, Warren and Washington Counties, Sister Charla Commins said, “The Festival of Trees is the biggest fundraiser and community event of the year for Catholic Charities. With decreasing funding and increased need, it is becoming more difficult to assist people in the tri-county communities who have been seriously impacted during these difficult times. This festive and magical event has been greatly modified in the last few years because of COVID, but this year we are reinstating all of the Festival’s activities, including the ever- popular Breakfast with Santa. Proceeds will assist us in providing services to individuals and families across the ages. We are sure the generosity of our communities will continue to support this wondrous holiday event and we are grateful.”
About Catholic Charities of Saratoga, Warren and Washington Counties
Catholic Charities of Saratoga, Warren and Washington Counties has been serving the tri-county area through a wide spectrum of counseling and programming efforts since 1975. In 2021, the agency served more than 4000 tri-county residents regardless of race, creed or lifestyle, with special emphasis on the economically poor and the vulnerable. Catholic Charities services are provided by caring, skilled professionals, and services benefit youth at risk, victims of domestic violence, families in need of counseling, the terminally ill and countless others. For more information on the mission or services provided by Catholic Charities, call 518-587-5000.
Catholic Charities of Saratoga, Warren and Washington Counties is an agency of Catholic Charities of the Diocese of Albany.
In collaboration with Adirondack Studios, renderings of Park & Elm were produced and are available for public viewing.
Park Street Hospitality invites you to the Park & Elm open house on Saturday, November 19th, 2022 (7am-9pm) in downtown Glens Falls.
Park & Elm Open House
Developed by Park Street Hospitality, the same team that operates Doc’s Restaurant and The Park Theater, Park & Elm is a multi-concept eatery featuring a gourmet food market, delicatessen and fine dining restaurant located in downtown Glens Falls.
The open house will celebrate the initial stage in launching Park & Elm. The market and delicatessen will be fully open to the public with the restaurant opening date to be announced.
This event will feature samples of house-made products, local goods and more. In addition, tours of the bar and dining room will be available, along with a chance to be among the first customers to sign-up for the exclusive restaurant opening next month.
“The team and I are beyond excited to welcome the community into our new space. Whether you are looking for a date night out on the town, a quick sandwich on your lunch break, or all of the fixings to make a gourmet meal at home, I hope that Park & Elm will offer a little something for everyone.” – Ben Miller (Operations Manager, Park Street Hospitality)
A Metropolitan Market in Hometown, USA
The market and delicatessen will feature farm-to-table ingredients, highlighting local produce and dairy products, a deli counter with artisanal meats and cheeses, house-made breads, charcuterie, baked goods and desserts, as well as imported specialty products from across the globe.
There will be an in-house butcher with a focus on premium meats, such as organic and free-range poultry, certified angus beef, heritage breed pork, sustainably caught seafood and more. In addition, basic grocery necessities will be available for purchase.
Fast-casual breakfast and lunch counter service will be available until 4pm, featuring a variety of breakfast items, deli sandwiches, soups, salads and house-made baked goods. There will be a prepared foods section that will include individual entrées and family-style meals to-go.
A New Era of Fine Dining
Building on the reputation established by Doc’s Restaurant, Park & Elm will continue to elevate its high-quality food and beverage programs. Curated by executive chef, Matthew J. Delos, the restaurant will continue to showcase quality local ingredients, featuring the quintessential dishes that everyone knows and loves, while elevating the dining experience with creative flair and flavor combinations.
Park Street Hospitality’s beverage programs have garnered attention throughout the Capital Region. Park & Elm will provide the ideal environment to elevate these programs through continuous innovation and creativity, including a state of the art wine dispensing and preservation system. The dining room will also feature an expanded cocktail menu curated by lead bartender, Ethan McKee.
Further Information
Park & Elm is located at 19 Park Street, Glens Falls, NY, 12801. The market will be open Tuesday – Saturday from 7am – 9pm. The restaurant will be opening mid-December and will mark the completion of Park & Elm.
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.
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
Bogey’s Pub and Grill located at 31 Cronin Road in Queensbury is honoring those who served and are currently serving with Veterans Day specials. For this Veterans Day celebration, Bogey’s offerings include free golf, 20% off food and $2 domestic beers.
Located on the Bay Meadow Golf Course, Bogey’s is family run and operated. Deric Buck, owner of Bogey’s, has offerings for both lunch and dinner. This extensive menu has items for the whole family. Diners and golfers alike will find menu items that range from lite fare to entrees that come with house salad and rolls. Bogey’s would never forget the kids. Kids menu includes grilled cheese with fries, kids burger with fries, chicken tenders with fries and mac and cheese.
The extensive menu features generous portions. The signature lunch items are served with a choice of kettle chips, fries, or coleslaw and pickle. For an additional $2.00, you can upgrade to sweet potato, cottage cheese or waffle fries. Prime rib is also available on Fridays and Saturdays. Bogey’s prefers reservations but they are not necessary. The restaurant and bar has options for everyone from a pub style environment to event spaces available for private parties. This venue is an ideal location for reunions, birthday parties and corporate events.
Bogey’s also offers more fun! There is karaoke on Fridays and live music on Saturdays. Please come and share your Veterans Day with our Bogey’s family and let us thank you and your family for your service. Please visit Bogey’s Pub and Grill at Bay Meadows for more information.
GLENS FALLS, NY – The Adirondack Regional Chamber of Commerce invites you to a presentation on regional economic conditions by Federal Reserve Bank of New York economist Jason Bram. Jason is an economic research advisor and research officer, within the Regional Analysis Function at the New York Fed. His research and analysis focus on the U.S. economy, with a primary emphasis on the Federal Reserve’s Second District, which includes New York State, northern New Jersey, and southwestern Connecticut, as well as Puerto Rico and the U.S. Virgin Islands. Jason’s presentation will provide an overview of economic conditions in the Second District, with a focus on business activity and the labor market in Upstate New York.
The event will be held at The Queensbury Hotel, located at 88 Ridge Street in downtown Glens Falls, on Wednesday, November 30th from 9:30 – 11:30 am.
Registration opens at 9:30 am and the program will begin at 10:00 am with welcoming remarks from Tom Murphy, President and CEO of Arrow Financial Corporation and Glens Falls National Bank and Trust Company, and Shawn Phillips, head of External Engagement at the New York Fed. Following the presentation, Jason will answer questions from the audience about the regional economy.
For more information, and to register, visit www.adirondackchamber.org/events. This event is presented by Glens Falls National Bank & Trust Company.
