Frazer & Feldman, LLP

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(516) 742-7777Call Visit WebsiteVisit Website Map & DirectionsDirections1415 Kellum Pl Ste 201Garden City, NY 11530 Write a ReviewWrite Review

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Winthrop University Hospital

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Feldman Jacob S

Feldman, Joshua B, DO

Jacob S Feldman Attorney

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Employee Benefits & Worker Compensation Attorneys, Attorneys, Bankruptcy Law Attorneys, Civil Litigation & Trial Law Attorneys, Criminal Law Attorneys, Employment Discrimination Attorneys, Family Law Attorneys, Labor & Employment Law Attorneys, Legal Service Plans, Personal Injury Law Attorneys

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Phone: (516) 742-7777

Address: 1415 Kellum Pl Ste 201, Garden City, NY 11530

Website: http://www.winthrop.org

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Frazer & Feldman, LLP

Adoption
Guardianship
We are pleased to share a recent decision, In re Bianca B.1, wherein the Appellate Division, Second Department ("Appellate Division"), granted the school district's motion to deny a guardianship petition that was filed for the improper purpose of.....
Child Abuse
This memorandum provides information about recent amendments to the Commissioner’s Regulations pertaining to child abuse reporting. 8 N.Y.C.R.R. §100.2(nn). The purpose is to increase awareness and make it easier for members of the school community to report allegations of suspected child abuse or maltreatment.

Criminal Defense
DENNIS O’BRIEN began his career as an Assistant District Attorney with the Nassau County District Attorney’s Office. Serving as a prosecutor from 2002 until 2006, Mr. O’Brien handled a wide array of criminal matters including the most serious violent felonies. Upon leaving the District Attorney’s Office, Mr. O’Brien managed a criminal defense firm in Garden City and Huntington for fourteen years. During that time, he amassed significant litigation experience including grand jury, litigated motions, pre-trial hearings, and trying cases to verdict. His litigation practice also included varied administrative proceedings such as refusal and fatality hearings and the corresponding departmental appeals procedures, firearms licensing, and New York Police Department administrative reviews.
Sex Crimes
This is to advise you that the United States Department of Education (“DOE”) and the White House Task Force to Protect Students from Sexual Assault (“Task Force”) recently released guidance documents highlighting issues for school districts to consider when developing sexual misconduct policies, and reminding districts of their responsibilities and obligations under existing federal law.
Fraud
Assault
Murder
New York State Association of School Attorneys, The most recent data compiled by the Federal Bureau of Investigation showed a 5 percent annual increase in the number of hate crimes, which are defined by the FBI as “atraditional offense like murder, arson, or vandalism with an added element of bias.” Notably, almost 10 percent of 6,120 hate crimes in 2016 occurred at schools or universities.
Arson

Business and Corporate Law

Business Disputes
WADE C. WILKINSON earned his Juris Doctor from Albany Law School of Union University in 2005 (cum laude), and his B.A. in broadcast journalism from Ithaca College in 2001. While attending Albany Law School, Mr. Wilkinson worked as a research assistant to the late Professor Emeritus David D. Siegel, where he edited Professor Siegel’s two monthly publications, “Siegel’s Practice Review” and the “New York State Law Digest”, and the 4th edition of Professor Siegel’s New York Practice “horn book.” Mr. Wilkinson was a member of the Albany Law Review and Albany’s Moot Court program. While attending Ithaca College, Mr. Wilkinson played varsity soccer and was selected by the National Soccer Coaches Association of America as a member of the 2000 Academic All-America First-Team. Mr. Wilkinson is also an Eagle Scout. He is admitted to practice in the State Courts of New York, the Commonwealth of Pennsylvania, the Eastern and Southern Districts of New York and the Second, Third and Ninth Circuit Courts of Appeals. He has extensive experience in complex litigation including consumer class actions, employment and labor class actions, contract disputes and real estate, general commercial and general liability litigation. Mr. Wilkinson’s experience working with Professor Siegel allowed him to play an important role in drafting an amendment to the CPLR relating to the scope of a subpoena duces tecum. Prior to joining Frazer & Feldman, LLP, Mr. Wilkinson was associated with several prominent New York firms where he gained extensive litigation experience in both federal and state court.
Construction Contracts

Workers Compensation
FLORENCE T. FRAZER received her Juris Doctor from Syracuse University College of Law and her B.A. (cum laude) from Hofstra University. Ms. Frazer is admitted to practice law in the State Courts of New York, the United States Supreme Court, the Federal Circuit Court of Appeals, the Court of Federal Claims, and the Northern, Southern and Eastern District Courts of New York. Following graduation from law school, she was appointed Assistant Counsel, and later Assistant Director, to the Governor's Office of Employee Relations where her responsibilities included serving as chief negotiator for the Governor in collective bargaining with the statewide CSEA-Administrative Services Unit (comprised of approximately 39,000 clerical employees statewide in 36 state agencies), administering collective bargaining agreements; handling grievance and arbitration matters for bargaining units as diverse as the New York State Police and the United University Professions. Since entering private practice, she has continued to concentrate her practice in the areas of public sector labor law and education law, including staff and student disciplinary matters and handling the full range of labor matters on behalf of clients, including collective bargaining, mediation and fact finding; grievance and arbitration matters; improper practice charges, management/confidential petitions and representation matters before the Public Employment Relations Board. She has also represented clients in New York State and federal courts, administrative hearings before the Nassau County Civil Service Commission, New York State Division of Human Rights, Department of Labor, and the Workers' Compensation Board. She is a member of the American Bar Association, New York State Bar Association Labor Law Section, the former Chairperson of the Education Law Committee of the Nassau County Bar Association and a Past President of the New York State Association of School Attorneys. She has been recognized annually by Pulse magazine as one of Long Island’s “Top Legal Eagles” in the field of Education Law annually since 2010 and as a “Legal Leader - New York Area’s Top Rated Lawyers” annually since 2013 in the fields of education and labor law. She was also featured in New York Magazine’s “New York Women Leaders in the Law” since 2016.
Employment Discrimination
Transgender students and how to address their unique educational needs in a school setting is a topic that has been in the forefront of the news of late. This can be credited to the U.S. Department of Education’s Office of Civil Rights (“OCR”) December 2014 opinion letter “Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities.”1 OCR reinterpreted the definition of “sex” for the purpose of sex discrimination to implicitly include the gender expressed by an individual under Title IX of the Education Amendments of 1972.
Employment Litigation
Ms. Dilimetin is a seasoned litigator, and has managed the litigation departments of several top rated firms. She brings with her over 27 years of successful litigation experience, including all phases of trial work. Ms. Dilimetin spent seventeen years as the managing partner of DILIMETIN & DILIMETIN, P.C. where she worked alongside her father, Anthony K. Dilimetin, concentrating on employment litigation, commercial litigation and criminal defense. Ms. Dilimetin has been counsel to celebrity clients and corporations alike, and has handled complex media and high profile cases in the public and private sectors. Ms. Dilimetin began her career with the Kings County District Attorney’s office from 1990-94, where she tried a wide variety of cases and was appointed to the elite Sex Crimes Unit. Most recently, Ms. Dilimetin served as Senior Counsel at the Governor's Office of Storm Recovery, helping New York become more resilient after Hurricane Sandy. Ms. Dilimetin is an active member of North Hills Country Club in Manhasset, NY and a member of the Metropolitan Woman’s Golf Association. She is involved with a number of community and charitable organizations, including her membership and former position as General Counsel to Manhasset Women’s Coalition Against Breast Cancer. Ms. Dilimetin is the Prosecutor of the Village of Munsey Park, Manhasset, NY.
Sexual Harassment
JACOB S. FELDMAN received his Juris Doctor from Brooklyn Law School in 1976 and his B.A. (cum laude) from Brooklyn College, in 1972. He is admitted to practice law in the State Courts of New York, the United States Supreme Court, the Second Circuit and the Federal Circuit Courts of Appeals, the Court of Federal Claims, and the Southern and Eastern District Courts of New York. From September, 1977 until December 1987, he was an associate senior counsel in the office of the General Counsel to the New York State United Teachers, where he handled school-related litigation involving constitutional and education law rights, seniority disputes, tenure rights and tenure areas in federal and state courts. Since 1987 he has represented public school districts as general counsel. He has handled the defense of public school districts in major federal and state litigation involving civil rights, age, race, disability and sexual discrimination matters, sexual harassment complaints, special education matters, complaints alleging First, Fifth and Fourteenth Amendment violations as related to the collection of school district taxes, and appeals to the Appellate Division, First and Second Departments, the New York State Court of Appeals and to the Second Circuit Court of Appeals. He has handled the successful defense of dozens of impartial hearings and appeals to the SRO on behalf of school districts. He has represented clients in arbitrations administered by the American Arbitration Association, and administrative proceedings before PERB, the State Division of Human Rights and the EEOC. He is a member of the Labor and Employment Law Sections of the New York State Bar Association; and the former Chairperson of the Education Law Committee of the Nassau County Bar Association. Mr. Feldman is a frequent speaker and participant in various special education law programs, speaking on topics including “Developing a Bulletproof IEP,” student discipline, preparation for and defense of impartial hearings and Section 504, conducted by the Nassau County Bar Association, the Nassau-Suffolk Academies of Law, NYSSBA, the Long Island Association of School Personnel Administrators, the LIASEA, the Council of New York Special Education Administrators, Lorman Education Services, PESI, St. John’s University, and many of our school district clients. He is the author of "Americans With Disabilities Act: Employer Obligations," Journal of Individual Employment Rights, Vol.2, #2 (1993) and “Discipline of Tenured Employees Pursuant to Education Law §3020-a, Journal of Collective Negotiations in the Public Sector, Vol.28, #2 (1999). He is the author of the “Read All About It” column, a monthly compilation of special education cases appearing in the “Attorney’s Corner” of the Centris Group’s Directors’ Website. He received LIASEA’s 2010 Award of Distinction for his special education work on behalf of school districts. He has been recognized annas a “Legal Leader -

Construction Litigation
JAMES H. PYUN received his Juris Doctor Degree from Boston University School of Law in 1991 and his B.A. from Dartmouth College in 1986. He is admitted to practice law in the State Courts of New York and New Jersey. He was an associate at the firms of Davis, Jenckes, Kilmarx & Swann in Providence, Rhode Island and Reinwald, O'Connor, Marrack, Hoskins & Playdon in Honolulu, Hawaii, where he researched and analyzed a wide range of general practice issues. He also served as a law clerk for the United State Attorney's Office in the Southern District of New York, where he researched jurisdictional issues in connection with the federal prosecution of Imelda Marcos. Until September 1992, he was a law clerk at the Law Office of Ronald LeVine in Hackensack, New Jersey, where he researched issues in commercial and bankruptcy law. In March 1993, he became an associate with our firm. Jim became a partner in the firm in January 2005. Jim's practice is concentrated in the areas of public construction contracts, including drafting architects' and construction managers' agreements, construction and surety litigation, special education appeals and Education Law litigation. Jim has successfully argued appeals before the Appellate Division, Second Department and the Second Circuit Court of Appeals and has written numerous successful appellate briefs to the State Review Officer, the Appellate Division, Second Department and the Second Circuit Court of Appeals.

Personal Injury
JOSEPH LILLY received his Juris Doctor degree from St. John’s University School of Law in 1992 and his B.A. from Fordham University in 1989. Upon graduation from law school, he served as an Assistant District Attorney in the Suffolk County District Attorney’s Office from 1992 to 1996, where he prosecuted numerous criminal cases involving a variety of criminal charges. In 1997, Joe entered private practice in Melville, New York, where he worked on behalf of a number of insurance carriers investigating and litigating cases involving insurance fraud, and defended personal injury law suits. From 1999 until 2008, Joe maintained a solo practice, working in the area of criminal defense. He has tried many cases in both the criminal and civil courts. Joe joined Frazer & Feldman, LLP in 2008 and became a Partner in 2018. Joe has handled a wide variety of cases involving student discipline, student residency issues, staff discipline and general litigation. Joe conducts more then 100 student discipline hearings a year and has successfully handled the defense of numerous appeals of discipline matters to the Commissioner of Education. Joe also counsels our school district clients at manifestation determinations. Joe has co-authored with partner, Laura Ferrugiari, an article published in the Nassau Lawyer, the Nassau County Bar Association monthly newsletter, entitled “Executive Sessions and the Open Meetings Law” (November 2014). On March 23, 2017, Joe, along with Tim Mahoney, presented a speech to the Education Law Committee on “DASA, FAPE and TK: the Acronyms of Bullying”. Joe has also co-authored with associate Nicole Donatich, an article published in On Board, a publication of the New York State School Boards Association, entitled “Reasonable Suspicion Must Precede Cellphone Search” (October 2017).

Bankruptcy
Tax Law
This client memorandum provides information about a recent law that allows school districts to expand school property tax exemptions to Cold War veterans. Previously, only veterans who served during certain designated military conflicts were eligible for a school property tax exemption, if authorized by the local school board in accordance with the Real Property Tax Law ("RPTL"). Effective August 19, 2016, RPTL §458-b was amended to allow school districts to offer a real property tax exemption to Cold War veterans as well.

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