News regarding suits, initiatives, and/or transactions involving Pascazi Law Offices PLLC:
October 18, 2013
ATTORNEY MICHAEL S. PASCAZI PREVAILS AT A “FAIR HEARING” IN A CHILD PROTECTIVE SERVICES NEGLECT MATTER
Michael S. Pascazi, Esq., recently won a fair hearing on behalf of a client who was alleged to have committed child neglect by N.Y.S. Child Protective Service (CPS). Attorney Pascazi first sought and secured an administrative review of CPS’s finding of child neglect. The N.Y.S. Department of Social Services sustained CPS’s findings. Attorney Pascazi then commenced a “fair hearing” before an administrative law judge. Upon considering the evidence adduced at the hearing, the administrative law judge reversed CPS’s finding and cleared Attorney Pascazi’s client of any child neglect. Potential employers of Attorney Pascazi’s client will never be told of CPS’s original finding.
Should you, a loved one or a friend become involved with a CPS matter, seek competent legal advice as soon as possible. CPS has tremendous powers and can turn your life upside down. Attorney Pascazi would also like to hear about it. Pascazi Law Offices PLLC represents persons that are the targets of CPS investigations.
October 16, 2013
ATTORNEY MICHAEL S. PASCAZI SETTLES TWO CYBER / E-MAIL HACKING CASES IN U.S. FEDERAL COURT
Michael S. Pascazi, Esq., recently secured on behalf of his clients the settlement of two cyber / e-mail hacking cases brought in U.S. District Court. The primary causes of action pled were violations of the federal Computer Fraud and Abuse Act, and the federal Stored Communications Act. Both statutes are Title 18 Criminal Statutes which also have a civil component, allowing an aggrieved person to sue for money damages. The statutes are quite powerful, allowing for punitive damages, and the recovery of attorneys’ fees by a prevailing plaintiff.
Computer and e-mail hacking, as well as allegations of such hacking, are becoming more and more commonplace as the use of tablets and smart-phones around the world grows exponentially. The type of hacking covered by the statutes does not have to be performed by some rogue individual located half way around the world but rather it could be nothing more than the unauthorized use of a password to unlawfully access a victim’s e-mail account.
Should you, a loved one or a friend become the victim of computer or e-mail hacking or be wrongfully accused of such hacking, seek competent legal advice as soon as possible. Attorney Pascazi would also like to hear about it. Pascazi Law Offices PLLC represents both plaintiffs and defendants in such cases.
October 15, 2013
ATTORNEY MICHAEL S. PASCAZI ARGUES A CASE OF FIRST IMPRESSION CONCERNING ATTORNEY MALPRACTICE BEFORE THE N.Y.S. SUPREME COURT APPELLATE DIVISION FIRST DEPARTMENT
Michael S. Pascazi, Esq., recently argued an appeal before the New York State Supreme Court Appellate Division First Department in Manhattan.
The key issue in the case, which has never been raised before, was: Did a lawyer’s failure to secure a consent to change attorney from his client, or an order of withdrawal from the court in which he was appearing, both pursuant to CPLR 321(b), toll the running of the three year statute of limitations barring a suit for attorney malpractice? The trial court held that if the attorney/client relationship was not developing and evolving over time, then the legal representation ended, and the statute of limitations began to run; ultimately barring the client’s malpractice suit against the former attorney. Attorney Pascazi argued that absent compliance with the formalities of CPLR 321(B), by the attorney, then the legal representation did not terminate, and the statute of limitations did not begin to run. Ergo, the client’s suit should have been declared as timely. It must be noted that Attorney Pascazi was not involved in the underlying case which formed the basis of the allegation that the former attorney abandoned the client on the eve of trial.
Should you, a loved one or a friend become involved with a dispute involving an attorney or law firm, seek competent legal advice as soon as possible. Moreover, Attorney Pascazi would like to hear about it. Pascazi Law Offices PLLC represents plaintiffs in both attorney fee disputes and attorney malpractice actions.
September 30, 2013
ATTORNEY MICHAEL S. PASCAZI SECURES THE RIGHTFUL RETURN OF A BELOVED FAMILY MEMBER’S CREMATED REMAINS FOR PROPER BURIAL
Michael S. Pascazi, Esq., recently secured an order requiring a recalcitrant family member to turn over the cremated remains of a deceased family member for proper burial.
A beloved family member died, and his remains were cremated. Another family member then picked up those remains and held them for a number of years, refusing to turn them over to the administrator of the decedent’s estate for proper burial in the family plot. Attorney Pascazi, invoking the public health law, brought a special proceeding seeking an order of the N.Y.S. Supreme Court directing the turnover of the cremated remains for burial. Immediately subsequent to the hearing held in the matter, the recalcitrant family member relinquished the remains to the funeral director for burial. The case ended as well as could be expected for Attorney Pascazi’s client.
hould you, a loved one or a friend become involved with a matter regarding a deceased person or his/her estate, seek competent legal advice as soon as possible. Attorney Pascazi would also like to hear about it. Pascazi Law Offices PLLC represents parties to such matters.
January 1, 2013
ATTORNEY MICHAEL S. PASCAZI EARNS 2013 CLIENT DISTINCTION AWARD FROM MARTINDALE-HUBBELL
Michael S. Pascazi, Esq., is pleased to announce that he has earned the 2013 Client Distinction Award from Martindale-Hubbell. The Award recognizes four critical business areas, to wit; Communications Ability, Responsiveness, Quality of Service and Value for Money. The Client Review Rating Score was based upon a scale of 1.0 to 5.0, with 5.0 being the highest score an attorney could achieve. Attorney Pascazi attained a remarkable perfect score of 5.0. Less than 4% of the 900,000+ attorneys listed in martindale.com and lawyers.com have received a score this high.
“I accept this award on behalf of my firm Pascazi Law Offices PLLC. It is an honor to receive this distinction. It is a great feeling knowing that the people you help along the way appreciate your hard work, dedication to them and to your profession” said Attorney Pascazi.
Do not hesitate to contact Attorney Pascazi for a Free Initial Consultation.
March 8, 2012
Update to September 29, 2011 entry below.
ATTORNEY MICHAEL S. PASCAZI SECURES ORDER OF N.Y.S. SUPREME COURT (BROOKLYN) REQUIRING DNA TESTING OF 19 YEAR OLD MURDER EVIDENCE TO EXONERATE PASCAZI'S CLIENT
Michael S. Pascazi, Esq., has convinced the Brooklyn District Attorney's Office Conviction Integrity Unit, and thereby, the Court that DNA testing on 19 year old forensic evidence retrieved by the New York City Police Department, is proper and necessary, vis a vis Attorney Pascazi's attempt to overturn a 17 year old murder conviction, and free his client. Testing, if not already underway by the New York City Medical Examiner's Office (which has one of the best DNA labs in the country), will be performed imminently.
Should you, a loved one or a friend be faced with a wrongful criminal conviction, seek competent legal advice as soon as possible. Further, Attorney Pascazi would like to hear about it. Pascazi Law Offices PLLC represents defendants in wrongful conviction appeals and motions for vacatur.
October 28, 2011
ATTORNEY MICHAEL S. PASCAZI SECURES DISMISSAL OF AN ATTEMPT TO COLLECT ON A PERSONAL LOAN BY A PREDATORY LENDER
Michael S. Pascazi, Esq., recently secured on behalf of his client the dismissal of a lender lawsuit commenced about 3 years ago, during the height of the banking meltdown in the USA. The Plaintiff in the suit is a well known predatory lending firm, which specializes in high interest rate personal loans. The Plaintiff commenced suit, but, in response to the suit was not met with the typical default of the defendant, rather, was met by Attorney Pascazi’s defense. Over the years, various purported settlements to the suit were negotiated by Attorney Pascazi, only to have the Plaintiff renege when it came time to sign the papers each and every time. When Attorney Pascazi concluded “enough is enough”, he brought a motion in N.Y.S. Supreme Court seeking dismissal of the suit. Attorney Pascazi’s motion was successful, and the court entered a judgment for the client dismissing the suit.
Attorney Pascazi’ s client won, and does not now have to pay back the loan; a savings at this time of nearly $30,000.00. Should you, a loved one or a friend be faced with a collection suit, seek competent legal advice as soon as possible. Further, Attorney Pascazi would like to hear about it. Pascazi Law Offices PLLC represents both plaintiffs and defendants in collection matters.
September 29, 2011
ATTORNEY MICHAEL S. PASCAZI FIGHTS FOR USE OF DNA TESTING TO EXONERATE MAN CONVICTED OF 1993 MURDER
Michael S. Pascazi, Esq., has petitioned the N.Y.S. Supreme Court, Kings County (Brooklyn) to overturn, with the aid of DNA testing, Shaliq Peterson’s 1995 conviction for second degree murder. To date 251 individuals have been exonerated from wrongful convictions through the use of DNA testing. DNA testing was not widely used in New York State courts in the mid 90’s. Today it is commonplace. It can be used to establish guilt as well as innocence.
Shaliq’s conviction was based almost entirely upon the purported eye witness testimony of a seven year old boy. Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of all convictions overturned through DNA testing. There existed at trial a significant body of forensic DNA containing evidence, including a smudged fingerprint on the murder weapon. Attorney Pascazi hopes to show that the smudged print does not match the DNA profile of either Shaliq or the victim, but does indeed match the profile of one of the nearly 10 million people, (virtually all convicted criminals) whose DNA profiles are now stored in the FBI’s CODIS-NDIS database. Should you, a loved one or a friend be faced with a wrongful criminal conviction, seek competent legal advice as soon as possible. Further, Attorney Pascazi would like to hear about it. Pascazi Law Offices PLLC represents defendants in wrongful conviction appeals and motions for vacatur.
August 4, 2011
ATTORNEY MICHAEL S. PASCAZI SECURES COURT ORDER REQUIRING YAHOO! INC. TO TURN OVER THE NAME OF ANONYMOUS E-MAIL WRITER
Michael S. Pascazi, Esq. recently secured a court order, on behalf of a client, from the N.Y.S. Supreme Court, compelling Yahoo! Inc. to turn over the name and address of an anonymous e-mail writer, who was using his anonymity to harass and inflict emotional distress upon Attorney Pascazi's client. This was an egregious case of intentional emotional harm, whereby, the client began receiving outrageous and harassing e-mails, immediately after the tragic and untimely death of his young son. With the name and address of the e-mails' author, a lawsuit can be started by Attorney Pascazi, seeking monetary damages from the perpetrator, and holding the e-mail writer to account, for his/her outlandish deeds.
What should be taken away from this event is that anonymity on the Internet only goes so far, and will crumble in the face of tortuous and/or criminal conduct. This same type of “lawyering” can also be applied to Copyright and Trademark issues. Should you, a loved one or a friend be faced with an anonymous e-mail writer causing your harm, seek competent legal advice as soon as possible. Further, Attorney Pascazi would like to hear about it. Pascazi Law Offices PLLC represents both plaintiffs and defendants in such cases.
February 1, 2011
ATTORNEY MICHAEL S. PASCAZI ADMITTED TO PRACTICE BEFORE THE U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT
Pascazi Law Offices PLLC is pleased to announce that Michael S. Pascazi, Esq., of Counsel, has recently been admitted to practice before the U.S. Court of Appeals for the Second Circuit. The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals. Its territory comprises the States of New York, Connecticut, and Vermont, and the Court has appellate jurisdiction over six district courts in three States. Appeals from the Second Circuit go to the United States Supreme Court, if the Supreme Court grants a writ of certiorari to hear the case.
This happens rarely, so the Second Circuit is usually the end of the road for federal appeals in New York, Connecticut, and Vermont. The Bar of the Second Circuit is a small one given the large geography it covers. Michael S. Pascazi, Esq. is one of a limited number of Attorneys admitted to prosecute and defend appeals brought before the Circuit. Pascazi Law Offices is pleased to offer this service to its clients.
May 24, 2010
ATTORNEY MICHAEL S. PASCAZI JOINS THE U.S. DEPARTMENT OF STATE BUREAU OF CONSULAR AFFAIRS’ ATTORNEY NETWORK
Michael S. Pascazi, Attorney & Counselor-at-Law, and Managing Member of Pascazi Law Offices PLLC has joined the Attorney Network maintained by the Office of Children’s Issues at the U.S. Department of State, Bureau of Consular Affairs. Network attorneys provide legal representation to parents involved in International Child Abduction cases.
Each year, hundreds of children are abducted by a parent or family member across international borders to and from the United States. Parental & familial child abduction not only jeopardizes the child’s well being, it has substantial long term consequences for the left behind parent, the family, and society. When a child is abducted internationally, the difficulties are compounded for everyone involved. The U.S. Department of State places the highest priority on the welfare of children, and is deeply committed to assisting children and parents involved in these cases.
As part of their efforts, the Office of Children’s Issues maintains the Attorney Network. As the U.S. Central Authority for the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the U.S. Department of State’s Office of Children’s Issues helps parents find legal representation to pursue remedies available under the Convention. The attorneys who join the Attorney Network, such as Attorney Pascazi, share a commitment to helping parents pursue recovery of their children, as well as a commitment to implementing the Convention.
Should you, a loved one or a friend be faced with an International Parental Child Abduction, seek competent legal advice as soon as possible. Further, do not hesitate to contact Attorney Pascazi for a Free Initial Consultation.
March 22, 2010
ATTORNEY MICHAEL S. PASCAZI SUCCESSFULLY CHALLENGES THE FRIVOLOUS PLEADINGS OF OPPOSING COUNSEL, AND WINS A SANCTIONS PAYMENT FOR ITS CLIENT
Michael S. Pascazi, Esq., as Plaintiff's attorney, was faced with pleadings, received from opposing counsel, on a motion to re-argue and renew, that were clearly frivolous, as a matter of law. Attorney Pascazi felt that Plaintiff, his client, should not have to bear the expense of dealing with frivolous papers. Attorney Pascazi brought a cross motion, on behalf of Plaintiff, seeking sanctions. Plaintiff's cross motion seeking sanctions was granted by the N.Y.S. Supreme Court, and opposing counsel was directed to pay monies to Pascazi Law Offices PLLC, for the benefit of Pascazi’s client. This was not the first award of sanctions against an opposing attorney, for frivolous conduct in litigation, granted to Attorney Pascazi.
Pascazi Law Offices PLLC vigorously defends its clients against the frivolous conduct of opposing counsel, which is unfortunately all too common in today’s proceedings. Frivolous conduct in litigation serves no useful purpose. It only serves to delay, and multiply the litigation, as well as drive up the costs of litigation needlessly.
Should you, a loved one or a friend believe that you are the target of frivolous litigation, seek competent legal advice as soon as possible. Further, do not hesitate to contact Attorney Pascazi for a Free Initial Consultation.