Donelli Kathleen

Social Security & Disability Law Attorneys, Attorneys, Bankruptcy Law Attorneys

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Donelli Kathleen

Divorce
McCarthy Fingar has some of the best collaborative lawyers for divorce and family law matters in White Plains, Westchester and the entire New York metro region. How does Collaborative Law work? When a couple agrees to the collaborative resolution format, each party has his or her own attorney, and makes a formal, written commitment not to go to court, right at the outset. Instead of costly litigation, the parties themselves, with the assistance of their attorneys, meet, set goals, gather information, create solutions and ultimately reach an agreement to resolve their divorce or family law dispute.

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Categories: Social Security & Disability Law Attorneys, Attorneys, Bankruptcy Law Attorneys, Corporation & Partnership Law Attorneys, Divorce Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Medical Malpractice Attorneys, Personal Injury Law Attorneys, Personal Property Law Attorneys, Real Estate Attorneys, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (914) 946-3700

Address: 11 Martine Ave # 12, White Plains, NY 10606

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Donelli Kathleen

Divorce
McCarthy Fingar has some of the best collaborative lawyers for divorce and family law matters in White Plains, Westchester and the entire New York metro region. How does Collaborative Law work? When a couple agrees to the collaborative resolution format, each party has his or her own attorney, and makes a formal, written commitment not to go to court, right at the outset. Instead of costly litigation, the parties themselves, with the assistance of their attorneys, meet, set goals, gather information, create solutions and ultimately reach an agreement to resolve their divorce or family law dispute.
Child Support
Pendente lite child support. Kristen was also successful in arguing that the husband, as the monied spouse, be responsible for paying the wife’s counsel fees. The Court awarded the wife $10,000 in counsel fees.
Child Custody and Visitation
Kristen Mackay Pennessi is a Westchester lawyer who concentrates in New York Matrimonial Law and Mediation. She is a member of our Matrimonial & Family Law and Collaborative Law groups, and our Mediation & Arbitration Practice Group, She frequently appears before the Westchester Supreme Court and has experience in many areas of the law, including, but not limited to, litigation, mediation and settlement of different types of New York matrimonial law and family law disputes. Kristen has been involved in all aspects of negotiations, settlements and trials on actions or proceedings for divorce, child custody (including child relocation disputes), pendente lite applications, downward modifications, divorces involving business assets, and related matters. In addition, Kristen is an Adjunct Professor of Law at Pace Law School.
Paternity
Litigating all aspects of Family Court Proceedings and Divorce Actions, including Orders of Protection, Paternity Disputes, Temporary Support Awards, Restraining Orders, Domestic Violence issues, Exclusive Occupancy of the Marital Residence, Maintenance, Child Support, Equitable Distribution of Marital Property and Establishing Separate Property Claims.
Premarital Agreement
McCarthy Fingar’s Matrimonial lawyers prepare prenuptial agreements and our Surrogate’s Court lawyers litigate the validity of such agreements. Clients make prenuptial agreements when a client is getting married for the second time and desires for his or her prospective spouse to waive rights to elect against the client’s Will. In Matter of Fischer, two of... Read More »
Guardianship
Lawyers at McCarthy Fingar are often sought out by courts or other attorneys to handle the most difficult guardianship cases. In Matter of AMH, the disgruntled son of nonagenarian AMH, who had not seen his mother for more than 4 years, created turmoil for many years for her and her guardians. At the request of AMH’s court appointed counsel, the lower court appointed McCarthy Fingar partner, Michael S. Kutzin, as litigation counsel to spearhead AMH’s efforts to reduce her Personal Needs Guardian’s powers reduced and to reinstate the health care proxy that AMH had given in 2015 to her daughter (a physician). The 2015 health care proxy had been voided by the lower court because the daughter and AMH’s health care proxy had not been able to work together, but by the time AMH’s application was filed, the daughter and the Personal Needs Guardian had worked well together for a number of years. The son was very litigious: he not only opposed this requested relief, but filed his own application to remove AMH’s longtime counsel, remove the Personal Needs Guardian and to have visitation restrictions (which had been imposed because of his misconduct) lifted. The son also sought to have the lower court compel AMH to testify, even though AMH suffered from health threatening stress when dealing with conflict. After multiple motions and a four-day hearing, Mr. Kutzin and his co-counsel obtained the requested relief for AMH; and the lower court denied everything requested by the son. The son’s litigious efforts continued in the Appellate Division, First Department, where he filed three separate appeals and multiple motions, but to no avail. Mr. Kutzin, leading the efforts in the Appellate Division, persuaded the Appellate Division to uphold the lower court’s decision.
Spousal Support
A spouse’s ability to find and maintain employment is an important issue in divorce actions. Where the wife claimed that she was entitled to spousal support because she allegedly had a mental condition and was unable to work, Kristen Mackay Pennessi and Kathleen Donelli successfully argued that the wife should be ordered to submit to a mental examination to determine whether she was able to work. Ultimately, no mental condition was found and the wife did not receive spousal support.

Wrongful Death
Rob concentrates his commercial litigation practice in construction, land use, leases, real estate, employment and other general litigation. Rob is also a member of our Surrogate’s Court Litigation group and represented clients in various Surrogate’s Court proceedings, including Will & Trust Contests, Property Turnover Proceedings, Contested Accountings, Wrongful Death Proceedings and other proceedings. Rob has broad litigation experience, and settles and tries cases in Surrogate’s Court and in Supreme Court throughout the New York metro region. Rob‘s commercial litigation experience also includes commercial mortgages and mechanic’s lien foreclosure actions, and he has lectured before the New York State Bar Association on this topic.
Restraining Order
Often, controversies in families arise as to gifts allegedly made by a decedent during his or her lifetime. Such controversies frequently result in a property turnover proceeding in the Surrogate’s Court to deal with such alleged gifts. Here, McCarthy Fingar lawyers, Gail M. Boggio and Michelle L. Santoro, successfully opposed a summary judgment motion that sought dismissal of a property turnover proceeding brought by our client as Temporary Administrator of the decedent’s Estate and Co-Trustee of the decedent’s irrevocable trust. The turnover proceeding demanded that the Estate’s Executor/Co-Trustee, who was also an estate and trust beneficiary, turn over property belonging to the estate and trust. In addition to summary judgment, the Executor/Co-Trustee also sought to have our client’s interest in the decedent’s trust forfeited due to a claimed violation of its “no contest” clause, and to have our client personally pay the executor’s legal fees. The court denied the motion in its entirety because the Executor/Co-Trustee failed to meet her burden that she was entitled to summary judgment as a matter of law and that issues of fact exist that would preclude summary judgment. In a related matter, the court similarly denied the movant’s (the Executor/Co-Trustee) request to vacate a temporary restraining order whereby the movant is precluded from utilizing funds and encumbering property whose sources are from the purported gift, requesting that our client post an undertaking and sought to surcharge our client. [ Read in full ]

Business and Corporate Law

Corporate Law
Milton R. Gleit is counsel to the firm, practicing in the areas of general securities and corporate law, including the representation of underwriters, issuers, and broker-dealers in public and private offerings of securities, arbitration of securities and commercial matters, and the general business representation of commercial clients. Milt brings extensive experience in corporate, securities, finance, leasing and banking practice.
Mergers and Acquisitions
McCarthy Fingar has some of the best Corporate Lawyers and Business Lawyers in White Plain and Westchester and throughout the New York metro region. Our lawyers offer creative yet practical solutions for our clients. Whether handling mergers and acquisitions, advising on private equity transactions, advising family businesses, or advising clients on securities law issues, corporate and business attorneys bring legal and business experience to promote success.
Business Disputes
McCarthy Fingar’s Commercial Litigation lawyers are among the best respected in White Plains and Westchester and throughout the New York metro region. Our lawyers help clients minimize risk and distraction in their businesses. We recognize that commercial litigation can be complicated and expensive and can have unintended consequences for our clients and their businesses. We seek to help clients gain leverage in the most efficient manner, resulting in favorable outcomes. Thus, we begin every engagement with an evaluation of the facts and a discussion with the client of the client’s legal rights and options. Sometimes, our team negotiates settlements at the inception of engagement, if such settlements are in our client’s best interest. By maintaining a focus on the client’s economic interests throughout the discovery, pretrial and trial phases of litigation, the firm has successfully resolved numerous business disputes, permitting their clients to be ahead of the competition.
Limited Liability Companies
For clients who are owners of family businesses, our Trusts and Estates attorneys, in coordination with the firm’s Corporate & General Business and Taxation practice areas, provide specialized estate and tax planning assistance in the creation, structure, capitalization, management, financing, and continuation or sale of their enterprises. Frequently, successful estate planning employs the use of Limited Liability Companies and/or Family Limited Partnerships as a component of an integrated gift planning recommendation.
Trade Secrets
Intellectual Property

Employment Contract
Our lawyers regularly appear before state and federal courts in New York as well as arbitration and alternate dispute resolution forums. We represent individuals, corporations, partnerships, joint ventures and other entities in a wide variety of disputes, including, but not limited to, the following: breach of contract, fraud, business torts, business dissolutions, non-competition agreements in employment contracts, misappropriation of trade secrets, construction, commercial landlord/tenant, commercial real estate and insurance coverage. Our lawyers often are engaged for an appeal only, and our lawyers in our Appellate Practice appear before the Appellate Divisions of the New York State Supreme Court, the New York Court of Appeals and before the United States Federal Circuit Courts.
Employment Litigation
The capital transactions in which the firm is involved consist of initial and secondary public offerings of equity and debt instruments registered under the Federal Securities Act and state blue-sky laws, venture capital investments in private placements, Regulation D, Rule 144 and Rule 144A transactions, and sale/leasebacks in domestic and international markets. Transactions include stock exchange listings and, for certain foreign issuers, arranging American Depository Receipts. Our attorneys are also involved in assisting corporations with securities law reporting requirements and complying with a variety of federal, state, and regulatory body laws and rules in such matters as employment issues, proxy statements, 10Ks, 10Qs, stock transfers, disclosure issues, broker-dealer compliance, investment advisor and investment company compliance, and stock exchange NASDQ and NASB rules. Our attorneys represent clients in securities industry arbitration proceedings such as those conducted by the Financial Industry Regulatory Authority. Representative clients include securities underwriters, securities broker-dealer firms, investment advisors, investment companies, and issuers of securities. For further information as to the tax ramifications of transactions in this practice area, see our Taxation practice area.
Non-compete Agreement
Buying and selling businesses is an integral part of our Corporate & General Business practice. Howell Bramson has represented drug stores over the years, including a partial or complete sale of the business. Here, Howell represented the corporate owner of a substantial drug store in a sale of its prescription inventory and customer lists to CVS. As part of the transaction, the principal of the seller entered into a non-compete agreement.

Real Estate Litigation
Our lawyers represent clients in disputes over different types of real estate matters. Here, Robert H. Rosh and Robert M. Redis intervened on behalf of St. John’s Riverside Hospital and successfully defended it in the lower court in an Article 78 proceeding, and on an appeal to the Appellate Division, Second Department. In this case, a coalition sought to overturn certain administrative determinations as to the siting and design of St. John’s proposed nursing home facility in Yonkers, New York. [ Read in full ]
Construction Litigation
Real Estate Transactions
Joseph P. Harrington concentrates his practice in New York commercial lending law and real estate transactions. Joe chairs our Commercial Finance and Real Estate Transactions groups. Joe represents many institutional lenders in commercial lending, including savings banks and commercial banks and life insurance companies in structuring and closing construction, interim and permanent mortgage loans on office buildings and parks, apartment buildings, hotels, marinas, residential and commercial condominium projects, industrial complexes, shopping centers, golf courses, municipal parking facilities, affordable housing projects, mixed use developments and residential subdivisions. Many of these transactions have involved sophisticated financing techniques, such as sale and leaseback, leasehold, mezzanine and industrial bond financing.
Eminent Domain
McCarthy Fingar maintains a reputation in White Plain and Westchester and throughout the New York metropolitan region as a leading law firm in the Tax Certiorari & Condemnation field. Our lawyers represent owners of income producing and development real estate to redress their grievances against various governmental and municipal entities. In the area of tax certiorari law (real property assessment appeals), McCarthy Fingar’s lawyers seek assessment and tax reduction, along with tax refunds, for clients owning shopping centers, office buildings, apartment buildings and industrial real estate. In the area of condemnation, our attorneys seek compensation for our clients resulting from either a “taking” by eminent domain or improper over-regulation that impairs the value of a client’s improved and/or unimproved property.
Easement
Land Use and Zoning
Anna L. Georgiou is a member of our Municipal Law & Land Use group. Anna concentrates her practice in the areas of land use law, environmental law and in the representation of local governments and their land use boards, including in Article 78 proceedings and in civil litigation and appeals in federal and state courts. She is also a member of our Tax Certiorari & Condemnation and Commercial Litigation groups. Anna has written numerous advisory opinions on various aspects of municipal practice and drafted local laws on topics such as alienation of parkland, landmark preservation, zoning moratoria and “green” initiatives. She has published and lectured on a variety of topics relating to municipal practice, including sustainable development, green building and associated regulatory framework, affordable housing, the siting of group homes, special use permits, and the development of age-restricted housing. She is a former Adjunct Law Professor at Pace University School of Law and served as Director of Research for the Land Use Law Center at Pace Law School.
Landlord-Tenant Disputes
Daniel Pozin, one of Westchester’s municipal law lawyers. is a member of our Municipal Law & Land Use group. Dan practices extensively in the areas of New York municipal law, zoning and planning and environmental law. Dan is also a member of our Real Estate Transactions and Cannabis Law groups. He sits as Village Counsel to several municipal bodies in Westchester County, including Boards of Trustees, Planning Boards and Zoning Boards of Appeal and represents his municipal clients when disputes are litigated. Dan provides Special Counsel advice to municipalities in Westchester County on a myriad of municipal law issues, including compliance with the New York State Environmental Quality Review Act ( SEQRA ) and regulations to SEQRA, in rem tax foreclosure, and Freedom of Information Law applications and matters pertaining to the disclosure of public records. He represents and advises a consortium of Westchester municipalities in the cable television franchise renewal process and has advocated for same before the New York Public Service Commission. Dan also represents private clients on zoning and planning approvals on real estate development throughout Westchester, Putnam and Rockland Counties. He also represents clients on commercial leasing and other transactional matters. Dan also represents his private clients in litigation matters, including, but not limited to, commercial, contract, land use and zoning, real property and landlord and tenant actions.

Personal Injury
Seven of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has again been selected in the fields of Appellate/Family Law. Frank W. Streng has been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.
Medical Malpractice
After a medical malpractice verdict or settlement, litigation sometimes takes place on who gets the money. Frank W. Streng successfully represented a surviving spouse in a Surrogate’s Court Litigation matter on the allocation of a settlement award of over $3 million. The wife of the firm’s client had died in childbirth, survived by children of her first marriage and the only child of her marriage to our client. The executor of the estate, who was our client’s wife’s first husband, took the position that, for various reasons, no part of the settlement proceeds should be paid to our client.
Medicaid Planning
Elder law issues, including Medicaid Planning to preserve assets from creditors and to enable clients to obtain eligibility for Medicaid

Trusts and Estates

Estate Planning
In estate planning, our attorneys have assisted clients from all walks of life in the development and implementation of their estate and financial plans to achieve significant tax savings and meet personal goals.
Wills
Estates and Trusts. Our lawyers represents clients in litigation in the Surrogate’s Court, including will contests, estate and trust accounting and other contested estate and trust related matters. For more information, see our Surrogate’s Court Litigation page.
Trusts
Susan Taxin Baer, a respected Trusts and Estates lawyer in New York, is a partner in our Trusts & Estates, Exempt Organizations, Taxation and Charitable Gift Planning groups. Sue represents high net worth individuals as well as those of modest means, and has large experience in developing tax-favorable estate plans. Sue has been a frequent lecturer on Trusts and Estates issues and has authored articles on various estate planning topics. Sue, who was the principal of her own firm for 26 years, had been formerly associated with the New York law firms of Weil, Gotshal & Manges and Proskauer Rose in their Trusts & Estates Departments. Prior to attending law school, she was Assistant Vice President at Manufacturers Hanover Trust Company in charge of Marketing for the Trust Division. She has also served as an adjunct professor at Pace University School of Law.
Power of Attorney
Whether a client requires the simplest of planning – such as a basic plan, that would include a Will or Revocable Trust Agreement, a Durable Power of Attorney form and a Living Will and Health Care Proxy, or a more complex plan in order to avoid different types of taxes, our lawyers will help our clients ensure that their clients intentions are carried out. Sometimes, we find that, for select clients, our expertise and experience in Exempt Organizations and Charitable Gift Planning permits us to develop innovative charitable giving strategies that can minimize taxes for clients making split gifts to benefit both family members and a designated charity. Our lawyers are also experienced with Asset Protection Planning strategies.
Probate

Bankruptcy
Foreclosure
Joshua B. Subin is a Westchester municipal law lawyer. Joshua is a former Assistant Town Attorney and is a member of our Municipal Law & Land Use and Commercial Litigation groups. Joshua practices in the areas of New York municipal law, zoning, planning, litigation and environmental law and counsels municipal entities in Westchester County, including Boards of Trustees, Planning Boards, Zoning Boards of Appeal and represents his municipal clients when disputes are litigated. Joshua provides Special Counsel advice to municipalities in Westchester County on a myriad of municipal law issues, the New York State Environmental Quality Review Act ( SEQRA ) and regulations to SEQRA, municipal code revision, code enforcement, in rem tax foreclosure, Freedom of Information Law applications and matters pertaining to the disclosure of public records.
Tax Law
McCarthy Fingar’s tax lawyers are among the bested respected in White Plains, Westchester and throughout the New York metro region. Clients with complex business and personal affairs require tax attorneys with both expertise and experience. Our tax lawyers provide assistance in numerous areas by applying our experience and creativity to help bring about tax-favorable results. In addition to understanding complex tax issues of the matter, our tax attorneys are sensitive to the economic and business considerations of our clients.

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