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Maynard, O'Connor, Smith & Catalinotto, LLP

April 9, 2012

Firm successful in defense of FOIL claim

Category: Firm News — admin @ 12:19 pm

The firm successfully defended the Chief of the Chestertown Volunteer Fire District in a claim arising out of a Freedom of Information Law request. In the matter of Maxam and Hayes v. Chestertown, the plaintiffs alleged that the Fire Company and the Chief of the Fire District improperly denied their requests for documents. The firm moved to dismiss the claim against Chief Crossman and demonstrated that he was not a proper party and played no role in responding to the demands. Supreme Court agreed, found that the plaintiff’s claim had no merit, dismissed the case in its entirety, and awarded costs to the defendants. The plaintiffs appealed to the Appellate Division, Third Department. Rob Rausch argued the appeal on behalf of Chief Crossman. In a Decision rendered on March 29th, the Appellate Division affirmed, and unanimously agreed that there was no merit to the claim against Chief Crossman.

March 21, 2012

Firm Presents Seminar on Depositions of Medical Professionals

Category: Firm News — admin @ 9:31 am

On March 20th, Rob Rausch and Alex Stabinski spoke to a group of critical care nurses, residents, and respiratory therapists on the topic of Depositions. Their program included an introduction to depositions, an explanation of the fundamentals of depositions, recommendations and strategies for testifying, and several interactive mock depositions. The program was sponsored by the Association of Critical Care Nurses and hosted by Albany Medical Center. Over 150 participants attended the event.

February 22, 2012

Catalinotto Prevails in School District Case

Category: Firm News — admin @ 2:02 pm

Upon conclusion of a week long trial in Ulster County New York, Michael E. Catalinotto Jr. obtained a successful defense verdict on behalf of the defendant Onteora Central School District. In that case entitled Bednarz v Onteora CSD, the plaintiff claimed she was injured as a result of contact between she and her physical education teacher during a two-on-two basketball game during a high school physical education class. After submitting proof that the plaintiff never reported any incident or injury while at school, and that she continued to work in a physically demanding job for weeks following the alleged occurrence, the Jury agreed with the Defendant that there was no valid claim that the high school gym teacher acted negligently, or that the plaintiff’s chronic pre-existing back condition was related to or worsened by the alleged incident.

February 13, 2012

Firm is Successful in Defense of Products Liability Claim

Category: Firm News — admin @ 10:21 am

The firm was recently successful in defense of a products liability claim against a manufacturer of pool chemicals. The plaintiff maintained that when mixing the chemicals with water inside her home, she was exposed to noxious fumes and sustained respiratory injuries. The plaintiff sued the pool supply company who, in turn, commenced a third-party action against the manufacturer, claiming that the manufacturer was negligent in failing to include clearer instructions and warnings with the product. Robert Rausch moved to dismiss the third-party action, and argued that the plaintiff had testified that she had never read the packaging and instead relied on the instructions given to her by the pool supply company’s employee. Supreme Court granted the motion and agreed that if there were any deficiencies in the packaging, they could not be the proximate cause of plaintiff’s injuries.

February 6, 2012

Professional Licensure Discussed

Category: Firm News — admin @ 9:31 am

On January 25, 2012, Anne-Jo Pennock McTague presented a seminar to the Albany Chapter of the American Psychiatric Association on the topics of Preventing Malpractice Claims and Licensure Iissues, in Albany. The malpractice portion covered the legal process, the most common causes of action against psychiatrists, protective measures to either prevent suits or make them easier for counsel and experts to defend.

Also discussed were the Administrative Agencies which regulate licensure ; and the investigations of the State Health and Education Departments after a complaint is made. Included in this portion of the presentation were ways to protect your license, the definition of Professional Misconduct, Unprofessional Conduct and likely scenarios and sanctions and penalties.

January 25, 2012


Category: Firm News — admin @ 4:06 pm

Attorney Ed Tobin obtained a defense verdict in Federal District Court on behalf of local Police Officers accused of using excessive force while arresting plaintiff. Mr. Tobin presented evidence that the use of pepper spray and tasers was reasonable and necessary to perform the lawful arrest of the plaintiff under the circumstances. Plaintiff was in possession of illegal narcotics and handguns and the jury recognized that the officers were lawfully performing their duties and used the amount of force reasonably necessary when plaintiff began to fight the officers, injuring one of them. The Firm is pleased to have had the opportunity to defend such stalwart local police officers. Aaron Carbone, Esq. assisted Mr. Tobin in the defense of this case.

December 16, 2011

Michael Catalinotto honored by Federal Court Bar Association

Category: Firm News — admin @ 9:22 am

On December 8th, the Northern District of New York Federal Court Bar Association honored Michael Catalinotto at its annual dinner and awards ceremony. Michael was recognized for fifty years of membership in the federal Bar, and in acknowledgement of his years of service to the legal community. Michael continues to handle complex litigation and trials, and is admitted to practice in the Northern and Southern District Courts, the US Second Circuit Court of Appeals, and the US Supreme Court.

December 5, 2011

Mitchell Prevails in Article 78 Proceeding Against Municipality

Category: Firm News — admin @ 3:46 pm

Lia B. Mitchell and James R. Schultz successfully challenged a determination made by the Town of Clifton Park Planning Board, which denied an application for a special use permit by the DeMarco Stone Funeral Home to construct a funeral home in the Town’s Jonesville area. The Decision made by Supreme Court Justice Richard Sise on October 13, 2011 held that DeMarco Stone fulfilled every condition required of it and that the Planning Board’s determination to deny the application was without merit. The effect of theis Decision will enable DeMarco Stone Funeral Home to develop the first funeral home located within the borders of the Town of Clifton Park.

November 17, 2011

Firm Sponsors “Dancing in the Woods” Benefit

Category: Firm News — admin @ 8:35 am

For over twenty years, Maynard, O’Connor has proudly served as one of the sponsors of Dancing in the Woods, the annual fundraiser for Albany Medical Center Hospital’s Center for Childhood Cancer and Blood Disorders. The “Melodies Center” is the Capital Region’s only provider of care to infants and children with leukemia, lymphoma, and other blood cancers. Robert Rausch, a partner in the firm, has been involved with the event for fifteen years and now serves as its Co-Chair. The event will be held on Friday, December 2nd. Further information, and a link for registration, may be obtained at:


November 9, 2011

Rausch Obtains Defense Verdict in Trial of “Slip and Fall” Claim

Category: Firm News — admin @ 9:36 am

Robert Rausch was recently successful at trial in the defense of a “slip and fall” claim venued in federal court for the Northern District of New York. In the matter of Essenter v. CFI, the plaintiff alleged that he slipped on winter conditions in the parking lot of a convenient store. In defense of the claim, Rob demonstrated that the accident had actually been captured by surveillance and that the video demonstrated that the lot was clean and clear, and that the plaintiff simply stumbled, without any negligence by the defendant. Additional proof was presented to reflect that the lot had been recently plowed, that there had been no precipitation since the plowing, and that the store regularly monitored and cleaned its lot. After an hour of deliberations, the jury returned a unanimous verdict in favor of the defendants.

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