Mackenzie Hughes LLP

Read our latest blog by Jillian Brodock: Do I Really Need a Lawyer to Buy a House? Congratulations! Your offer on your dream home has been accepted! Now what? Your realtor tells you that you need to get a lawyer. “Do I really need a lawyer to buy a house?” you think to yourself. The answer is yes. Well, you can represent yourself if you want, but generally you do need to hire a lawyer. Having a realtor is a great asset when purchasing a home. Your realtor will help facilitate the transaction by coordinating showings and inspections, negotiating offers and assisting with financing options. A real estate attorney, on the other hand, is equipped to assist with the legal aspects of home buying and selling to ensure that you are legally protected in your purchase, or sale, to prevent future complications.?? Buying a house is often a person’s first experience with hiring a lawyer. Many people are unfamiliar with the legal process of home buying and wonder why lawyers need to be involved. Real estate attorneys provide legal representation to ensure compliance with real property laws and locally accepted real estate customs. Your lawyer will review your contract to purchase, examine title documents for your home, calculate figures for closing and help explain the closing documents- all the work that goes on behind the scenes to get you into your new home. Title examination is critical to ensure you are purchasing a home free and clear of any liens or encumbrances. A skilled real estate attorney will thoroughly review the title to your new home to make sure that the property description is accurate, note any easements or restrictive covenants and secure payoffs for any mortgages on the property, among other things. Your real estate attorney will also assist in explaining important financing documents to you, such as your mortgage and promissory note, that govern how you will pay for your new home. Buying a house is a big deal and you want to make sure that you are legally protected during the process so you can enjoy your new home without worry.

The Central New York Business Journal recently shared the Mackenzie Hughes blog and email written by?Richard Engel?and?James Nicoll?on the upcoming Corporate Transparency Act deadline approaching at the end of the year. Read the CNY Business Journal’s article?here: https://lnkd.in/e4pyUP6W Read the original blog and email?here: https://lnkd.in/eYMnHHhS

Last week's blog post by Christen Santiago and Nicole Marlow-Jones 2024 Election: Considerations for Private-Sector Employers in New York With the 2024 election just two weeks away, employers in New York should understand their legal obligations with respect to employees’ participation in the election and expression of political speech in the employment setting. Must Employers Provide Employees in New York with Time-Off to Vote in the Election? Yes, Depending on the Circumstances.??Generally, employees in New York State are eligible for up to two hours of paid time off to vote if they do not have “sufficient time” to vote outside of their scheduled working hours, provided employees notify their employer of their intention to take paid time off to vote at least 2, but not more than ten, working days prior to the election.?Whether an employee has “sufficient time depends on their scheduled hours of work and the time the polls are opened either before or after the employee’s scheduled hours.?For example, if an employee is scheduled to work from 9 am to 5 pm, and the polls are opened from 6 am to 9 pm, the employee is not eligible for paid time off to vote because the polls are open for four consecutive hours after the employee’s shift ends at 5 pm.?By contrast, if the same employee is scheduled to work from 9 am to 6 pm, then the employee is eligible for paid time off to vote because the employee only has three consecutive hours off at the beginning or end of their shift.?If an employee is eligible to take leave to vote, the employer may specify the hours.?Unless otherwise agreed, leave must be given at the beginning or end of the work shift, as the employer may designate. To ensure compliance with the New York Election Law (NY Elec. L. § 3-110), employers should review their policies and practices to ensure they align with the current requirements, including the notice posting requirement.?Employers must conspicuously post a notice for employees about the law not less than 10 working days before every election. The notice must be kept posted until the close of the polls on election day. Can Private-Sector Employers Regulate Political Discussions in the Workplace? Generally, provided employers do not prohibit employee conversations relating to labor or working conditions even if those conversations are couched in terms of politics or current events.?With the 2024 presidential election close upon us, the potential for political discord may emerge in the workplace as employees discuss the candidates for office and political issues of interest. Employers in New York should be prepared to address legal issues that can arise from political discussions by employees at work. Continue reading: https://lnkd.in/e9sf4QXe

Recent blog post by Nicole Marlow-Jones: Congratulations to Mackenzie Hughes partner Brad Hunt and former partner Christian P. Jones on their recent success on an appeal of important significance to public transit providers across our nation: Woods v. Centro of Oneida, Inc., et al.,103 F.4th 933 (2d Cir. 2024). Read the decision here: https://lnkd.in/gesKhxPQ The plaintiff, an individual who is paralyzed from the waist down, asserted claims under Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (the “Rehabilitation Act”) against a regional transit authority and its subsidiary, alleging the public transit operator discriminated against him in violation of these federal statutes and their implementing regulations by failing to provide wheelchair-accessible bus stops in the City of Utica. The lawsuit ensued after the plaintiff sent an April 2020 letter alleging the bus stops in the City were inaccessible to wheelchair users and demanding the public transit operator “remedy the ADA violations and bring the [bus stop] landing pads into compliance with the requirements, provisions, and regulations of the ADA and the Rehabilitation Act within thirty (30) days.”?The transit operator responded to the plaintiff’s demand letter, noting the availability of accessible alternate pick-up and drop-off locations its bus stops, as well as its policy of allowing courtesy stops anywhere along a bus route. The vast majority of the bus stops are “unimproved,” meaning ordinary bus stops that were not specifically constructed as bus stops, but rather are merely locations where a sign in the ground marks the general area in which a bus will stop.?Essentially, the plaintiff argued the public transit operator was required to make significant modifications to its existing bus stops by constructing concrete wheelchair landing pads with sizes and slopes that meet current federal specifications applicable only to newly altered or constructed bus stops. The federal district court dismissed the plaintiff’s complaint, finding the operator’s paratransit service (a transportation service for individuals who are unable to use a fixed route transportation system along a prescribed route according to a fixed schedule) and its flexible pick-up and drop-off policy were each reasonable accommodations providing meaningful access to the transit authority’s bus service. Continue reading: https://lnkd.in/g7stP-sw

Mackenzie Hughes LLP recently welcomed attorney Nicole Marlow-Jones as partner in the Litigation Department. Marlow-Jones brings decades of litigation experience to the firm, having practiced for 25-plus years in the Syracuse area. She concentrates her practice in litigation, including appellate practice, commercial, employment and general civil litigation in the state and federal courts in New York. A graduate of SUNY Geneseo and the Syracuse University College of Law, Marlow-Jones is a Martindale-Hubbell “AV” Distinguished Peer who has been included in the Best Lawyers Directory and Upstate New York Super Lawyers Directory. Marlow-Jones is involved in several professional and charitable organizations, including the Central New York Women’s Bar Association and Breakthrough T1D (formerly known as Juvenile Diabetes Research Foundation), and most recently served as an attorney advisor to a local high school mock trial team. In her free time, she enjoys spending time with her family and friends, traveling, and attending various art and sporting events. https://lnkd.in/e8vJt7s7

Mackenzie Hughes LLP recently welcomed attorney John Nichols as partner in the Litigation Department. Nichols brings a private/public interest versatility to the Firm, having practiced for over a decade with a prominent local law firm and more recently at Legal Services of Central New York. He concentrates his practice on commercial litigation, general litigation and commercial/residential evictions. Nichols has represented clients in federal appeals court, several federal districts, each appeals court in New York State, dozens of counties, and before state administrative boards. He is a graduate of the Syracuse University College of Law and earned his bachelor’s degree at Middlebury College in Vermont. A member of the New York State and Onondaga County Bar Associations, Nichols has served as a board trustee of Cayuga/Seneca Community Action Agency, Inc. since 2011, and previously served as a trustee and vice president of the Jowonio School for eight years. In his free time, Nichols enjoys downhill skiing, live music, Syracuse University athletics, and chauffeuring his wife and kids on road trips. https://lnkd.in/eatKqK4M

Blog Post by Rebecca E. Alesi It’s Time to Stop Procrastinating and Start Preparing: Misconceptions About Estate Planning and How You Maybe Inadvertently Giving Your Loved Ones Some Legal Headaches A 2024 survey report by Caring.com found that only 32% of Americans die with a Will, a 6% decline from 2023. Many legal journalists and analysts predicted that the COVID-19 pandemic would motivate the population to estate plan, however, the Caring.com survey suggests that procrastination and lack of education on the topic are the main reasons why so many Americans fail to have their affairs in order. There is a common misconception that your loved ones automatically get your assets upon your death and that having a Will is only for the rich and famous. Ironically, many celebrities have notably passed without a Will, including Michael Jackson, Kurt Cobain, and Heath Ledger. The scale of these individuals’ estates has resulted in complex estate litigation, however, failing to have a plan in place for any person may result in unwanted burdens for their surviving family members. Dying without a Will, or dying “intestate” means that your assets will pass according to the law of the state you are a resident in. Generally – to a surviving spouse, surviving children, or the surviving parents. However, many state’s laws, including New York, fail to account for blended family dynamics and fail to have protections in place for minor children. Two instances where New York intestacy statutes fall short include providing for step-children, cohabitators or partners that are not legally married, and protections for minor children. For example, if you were to die without a Will, your boyfriend or girlfriend for many years, or your step-children from a prior marriage would receive?nothing?from your estate upon your passing. This oversight could leave your loved ones that you have supported for years in a difficult situation. Without a Will in place that names a guardian for your minor child, a guardian will be appointed by the court and in many cases may not be the individual you intended to manage and be responsible for your children’s finances. Continue reading: https://lnkd.in/exWpmrYx