NORTHEASTERN NEW YORK

ANNUAL

REPORT 2016IMPACT

Providing free civil legal services to low income residents of 16 counties in Northeastern New York

2016 was a banner year for theLegal Aid Society. We proudly ex-panded our presence in the com-munity, our staff and our ability todeliver our mission.

We attracted and recruited sixteennew staff, with an infusion of fundsfrom the Court System. Thesefunds ensure that our clients’ basic,essential needs are met, including:housing, safety, education, incomeand health care. Our new staff aretalented, passionate, gifted and welleducated. They benefit fromworking with many more seniorstaff, and last year, we launched anew lawyer training program.What’s more, they embrace ourmission and we are proud of thework they do every day.

In 2016, we continued to be vitalpartners in the Continuums ofCare and local domestic violencetask forces. Being an active mem-ber in the community is an impor-tant part of being a legal aid lawyer.Our staff serve on local Boards andwe also continue as active membersof the New York State Bar Associ-ation and the county bar associa-tions of Albany, Saratoga,Schenectady, Warren, Rensselaerand Columbia and Greene Coun-ties. In addition, Legal Aid lawyersand clients participated in the state

and national movement to supportcivil legal services.

2016 was also marked with timespent in the search for the newCenter for Civil Legal Services.We aimed to restore the Legal AidSociety to one of the low incomeneighborhoods in our community,looking primarily in West Hill. Bymid-year, we located our new Cen-ter space at 95 Central Avenue. Al-though we were not able to closeon the space until this year, we laidthe groundwork for support fromour Regional Economic Develop-ment Council which approved agrant of $300,000 and grants fromseveral local legislators includingHon. John McDonald, Hon. Patri-cia Fahy and Hon. Philip Steck.Together with our partners at theAlbany Housing Authority, they’vehelped to bring in grant fundingneeded to secure the base for of theCenter for Civil Legal Services.We also refined the program ofplace-based civil legal services wewill offer from the heart of WestHill, the Legal Aid Society will bean active participant in the revital-ization of this neighborhood. Wewill offer our low income neigh-bors regular, short preventativelegal education sessions at our newoffice and legal check-ups. En-hancing the safety and stability of

our low income neighbors is one ofour goals. We are delighted to bemoving in to West Hill and I hopethat you will contact me to find outhow you can support this return toour roots.

This year, we also launched newprograms including outreach andnew casehandling to serve ex-of-fenders returning to the CapitalRegion. Our work here is to en-hance their ability to gain employ-ment and education, therebyintegrating fully into the local com-munity. Our I-CAN Project pro-vides advice, outreach andrepresentation to recipients ofMedicaid Long-Term Care. OurEconomic Justice Project ensuresthat our low income clients gaineconomic justice in a variety of set-tings, throughout the entire six-teen-county service area. Our newConsumer Law Project in the Al-bany and Saratoga Springs officesenhance our work for economicjustice.

On behalf of our board and staff, Iam proud to share this year’s An-nual Report, highlighting only asmall portion of the great work thatthe Legal Aid Society does. Join usas we contribute to the stability,growth and peace in the communi-ties where we live and work.

Recap2016

Dear Friends,

2

We proudly expandedour presence in the

community, our staff and our ability to

deliver our mission.

“

3

“The success of this program hasgarnered interest from other civil

legal services organizations, both statewide and nationally

4

In 2016, the PAI Program

continued to evolve, both

in terms of staff and pro-

grammatically. We wel-

comed aboard Ariel Ahr as

PAI Coordinator in the

spring, followed shortly

thereafter by Melody Hark-

ness as the Closing the Gap

(CTG) Coordinator, who

has since been promoted to

CTG Paralegal. We also

saw the departure of

Cheryl Dedes, longtime

PAI Coordinator, who is

now working for New

York State.

I’m sure many of you have had the opportunity to meet with

Melody throughout her time here regarding CTG, and its aim

to virtually connect pro bono attorneys from our urban core

to rural clients. With the CTG technology, the attorneys as-

sisted the clients in drafting documents to respond to their

housing or consumer matters. The success of this program

has garnered interest from other civil legal services organiza-

tions, both statewide and nationally, and for good reason. Due

to CTG, certain attorneys and judges alike have been forced

to acknowledge the rights of our clients, rights which unfor-

tunately would have been cast aside had it not been for the

volunteers’ assistance. Melody remains eager to meet new,

prospective volunteers, and connect them to our rural clients

in need. She can be reached at mharkness@lasnny.org.

In the last couple weeks of 2016, the PAI Program was also

instrumental, along with area civil legal services organiza-

tions, in providing a free training to teach attorneys how to

assist transgender individuals through the process of obtaining

a name change. PAI has offered this service, with the assis-

tance and dedication of volunteer, Byrgen Finkelman, so this

service is not a complete change in our program. Though as

Byrgen transitioned her career, and the intentions of the cur-

rent administration becoming known, those in civil legal serv-

ices knew that it was imperative to have mobilize more

volunteers swiftly. This is truly a life changing service for our

clients, and we’ve taken care to place much emphasis on keep-

ing our pro bono panel strong, as well as getting and keeping

the word out there that Legal Aid has plenty of volunteers at

the ready. We are continuing to strengthen the panel, and will

be offering this training again on November 15 at the offices

of The Legal Project.

The last major staff change (albeit in 2017) will have already

occurred by the time you read this. I decided to return to

school to become a registered nurse (with hopes of someday

pairing my two degrees and types of experience), and the new

PAI Director is Myleah Misenhimer. If you haven’t already

met Myleah, I’m sure you will soon! Please feel free to reach

out to her and say hello at mmisenhimer@lasnny.org.

Albany William BerglundJoel BlauIra BloomFrank BrennanPaul CardinalJennifer ChisolmJon CrainSharon Couch DebonisJoseph DoughertyDennis DuganByrgen Finkelman ***Carl HasselbarthAb Hessberg, III Tara MacNeillTara MoffettJustin Myers Michael O’Brien *Michael O’Connor *****Thomas O’ConnorLynne Papazian Frank PellEmily Quinlan Doug ShartrandJonathan WarnerMia Wolfe

Clinton/Essex/FranklinJohn CaseyJoel Peller *Jack PillerErica RangelArthur Siegel

Columbia/Greene Jennifer ChisolmMelissa DobsonJohn DorminEileen Walsh GallagherChelsey LesterSalvatore LomantoMark McCarthyLisa Mills ***Mary Louise Stanford

Christopher StevensRobert Terwilliger

Montgomery/Fulton/SchoharieMelissa Dobson Michael Englert Eileen Walsh Gallagher Salvatore LomantoErik PinsonnaultErica Rangel Amanda Rose ***Bethany Schumann-

McGhee Arthur Siegel

RensselaerChristian DribuschAlexander Dunshee *Teresa EddyMarc Ehrlich *James Gross *Christopher StevensG. Kimball Williams

SaratogaChelsey LesterRichard RowleyMireille Nitti *Erik PinsonnaultTara Anne PleatErica Rangel Veronica ReedJackie SeitzChristopher StevensJon Whalen

SchenectadyNancy DelainAlexander Dunshee *James Gross *Charles Harding Cassandra PartykaSondra SmithStephan Weiss *

St. LawrenceJennifer ChisolmAndrew Moses ***Joseph NicholsErica RangelJennifer WardG. Kimball Williams

Warren/WashingtonJohn CaseyRichard RowleyTara MacNeillMary Louise Stanford

Albany/RensselaerCounty AssignedCounsel ProgramRobert L. AdamsGloria Arroyo CoplandMichael AssafJo Ann CoughtryPaul DevaneDennis EnglertShawn FlahertyJoyce GalanteDavid GoldinDavid GruenbergDavid KavanaughBarrett MackKaren RhoadesTown Ryan & PartnersDavid SiegelJustine Spada

*5 or more ** 10 or more*** 15 or more**** 20 or more***** 25 or more

DIRECTOR OF PAI IN 2016MICHELE SLEIGHT AND HER DAUGHTER CAROLYN

Private attorneys provide important civil legal services through LASNNY’sPAI (Private Attorney Involvement) Program, which encourages and supports attorneys who offer pro bono services to needy people in Northeastern New York. Support for PAI volunteer attorneys includesclient and case screening, CLE credits, free training, secondary professional liability insurance and reimbursement for out-of-pocket expenses.

PAI Attorneys2016

LIST OF PRO BONO ATTORNEYS: 2016

5

Individual Donors2016

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$2,000 – $5,000Jenifer M. WhartonLillian M. MoyEdward I. KaplanCarol A. HydeEleanor M. DeCourseyMarshall CoulterM. Cornelia Cahill

$1,000 – $1,999Anonymous - SIra M. BloomGlen T. BrueningJohn R. CaseyGuido A. LoyolaAnne Marie MalakCornelius D. MurrayWilliam MyersWilliam S. NolanThomas J. O'ConnorSusan Phillips ReadArthur J. SiegelEdward J. TromblyWilliam And Amy Yates

$500 – $999 John L. AllenJeffrey S. BakerMathew P. BarryJoseph S. BasloeFrank BiferaDavid A. BrusoJohn ChristianSanjeeve K. DeSoyzaDawnald R. HendersonDonald T. KinsellaTolga J. MorawskiTimothy P. MorrisonGeorge PondJames R. SandnerPeter H. SchiffBethany B. Schumann-McGheePatrick L. Seely, Jr.Christian J. SollerMarjorie TsangBruce J. Wagner

$250 – $499Anonymous - S

Veronica B. Cano - SCharlotte S. BuchananNancy ChuPeter and Terri L. CoseoGarrett DeGraffJondavid DelongStephen J. EasterWilliam FosterKevin P. GlasheenThomas F. GleasonSherry GoldDeanne L. GrimaldiHoward A. JackMark D. LansingGeri PomerantzPaul E. PontiffAlexander PowhidaKevin PurcellRobert W. RedmondSandra D. RiveraMark T. Roberts - SJames & Robin SevinskyEdward O. SpainHenda S. StrasserJudith C. TateJoseph C. TeresiRandolph F. TreeceF. Michael TuckerRichard L. WeiszG. Kimball WilliamsMary M. Withington

$200 – $249 Diana K. Bangert-DrownsThomas P. ConnollyBernhardt KarpHoward A. LevineGeorge L. SarachanJeffrey K. AndersonStephen BakerRobert CallahanTara L. MoffettVincent J. Reilly - SBrian SabodaJohn L. Sitterly - SJohn J. WarnerJoanne M. WhiteStephanie A. White

Richard R. Wissler

$100 – $199 Lynne E. AcknerJanet R. AxelrodR. Linn BakerCathleen S. Cenci - SRobert G. Conway Jr.April DaryananiKevin DonovanJacqueline FosterMichael FosterLynn M. FountainMargaret M. Gonsowski - SStephen E. GottliebMichael A. GrecoGene GregerPeter H. HalewoodLori HershenhartMichael T. HoranMark M. Jacquinot - SRobert B. KeyesMark L. KoblenzHelga LandeauNeil H. LebowitzEdward Lindner - SLorna C. Littleway

Brian Lusignan - SMaureen A. MaddenKevin ManeyPaul H. Mason - SJohn D. MoranElizabeth M. MorssTroy OechsnerRichard PineRoberta Reid - SJoan B. Rogers - SRobert Salkin - SRobert G. Sliwinski - SJohn D. Sullivan

$99 and under Michael J. BoxleyBonnie A. Devine - SAlita J. GiudaDesiree Ferguson - SAnn C. Lapinski - SMichael Levitz - STroy OechsnerJohn D. SullivanJohn DeLongFlorence E. AbramsPhyllis J. BulrisAlexandra K. Sussman

All 2016 Individual Donors and 2017 to September 1st

ROBERT G. CONWAY, JR.In Honor of Hon. Madonna Stahl

GENE GREGERIn Honor of Richard P. Jacobson

DEANNE L. GRIMALDIIn Honor of Lisa Codispoti

LORI HERSHENHARTIn Honor of Amanda K. Hiller,Dep. Commissioner, NYS Tax and Finance

TARA L. MOFFETTIn Honor of Daniel Moffett

TROY OECHSNERIn Honor of Larry Mullen

JANE E. SCOTTIn Honor of Mary Lempke

JAMES and ROBIN SEVINSKYIn Honor of Christine Sevinsky

BRUCE J. WAGNERIn Honor of Lillian M. Moy

BRUCE J. WAGNERIn Honor of Megan B. VanAken, Esq.

GEORGE B. CERESIA, JR.In Honor of Lambert L. Ginsberg

MATTHEW J. KELLYIn Honor of Jim Kelly

HONOR AND MEMORIAL GIFTS

S = SEFA/UNITED WAY

PlatinumAnderson, Moschetti & Taffany,

PLLCBond Schoeneck & King, PLLCE. Stewart Jones Hacker Murphy,

LLPEnglert, Coffey, McHugh &

Fantauzzi, LLPJonathan P. Harvey Law Firm

PLLCLabatt, LLCLaw Offices of Mark S. MishlerLaw Offices Of Ronald J. Kim,

P.C.Martin, Harding & Mazzotti,

LLPMelody A. MacKenzie, PLLCThe Law Firm Of Alex Dell

PLLCWilson, Elser, Moskowitz, Edel-

man & Dicker, LLPGoldBendall & MednickBoies Schiller & Flexner LLPBrian F. Mumford PLLCBuckley, Mendleson, Criscione &

Quinn, P.C.Dreyer Boyajian, LLPHinckley, Allen & Snyder LLPHinman Straub, PCLaMarche Safranko Law PLLCLaw Office Of Brian Wang,

PLLCLaw office of Patricia L.R. Ro-

driguezLaw Offices Of Geri PomerantzManatt Phelps & Phillips, LLPMaxwell & VanRyn, LLPMcNamee, Lochner, Titus &

Williams, P.C.O’Connell & Aronowitz

Whiteman Osterman & Hanna,LLP

Young, Sommer, Ward, Ritzen-berg, Baker & Moore LLC

SilverBarclay Damon LLPBartlett, Pontiff, Stewart &

Rhodes PCBowitch & Coffey, LLCCannon, Heyman & Weiss, LLPCarter, Conboy, Case, Blackmore,

Maloney & Laird PCCouch White, LLPFriedman, Hirschen & Miller,

LLPGirvin & Ferlazzo, P.C.Gordon, Tepper & DeCoursey,

LLPHeslin, Rothenberg, Farley &

Mesiti, PCHodgson Russ LLPIseman, Cunningham, Riester &

Hyde, LLP

Jean Mahsergian, Esq., PCJoy M. Smith, Attorney at Law

PLLCLavelle & Finn, LLPLaw Office Of Stephen T. BuckleyLaw Offices Of Alexander

PowhidaLaw Offices Of Eugene M.

Sneeringer, Jr.Law Offices Of Stephen JohnstonLombardi, Walsh, Davenport &

Amodeo, PCMaynard, O’Connor, Smith &

Catalinotto, LLPNixon Peabody LLPPhillips Lytle, LLPRosenblum, Ronan, Kessler &

SarachanSchneider & PalcsikSpada Law FirmThuillez, Ford, Gold, Butler &

Monroe, LLPVella, Carbone & Associates, LLC

SupporterBarbaruolo Law Firm, P.C.Caffry & FlowerClaudia Slovinsky And Associates

PLLCGanz, Wolkenbreit & Siegfeld,

LLPLittle & O’Connor Attorneys PCMarinstein & Marinstein Esqs.,

PLLCState Employee Federated Appeal

(SEFA)Walsh & HackerBar AssociationsAlbany County Bar AssociationSchenectady County Bar Associa-

tionCorporateThe GE FoundationABS SolutionsAlbany Medical Center

The Annual Fund for the Legal Aid Society of Northeastern New York

Thanks to our donors who contributed over $265,000 in 2016, improving access to jus-tice for our low income neighbors throughout Northeastern New York.

Contact Deanne Grimaldi, Director of Development at dgrimaldi@lasnny.org or (518)689-6336 for more information about the campaign or how to become a member.

All partners at JFA firms listed are invited to attend this year’s complementary Kickoff event on September 28th from 5:30-7:30at the Fort Orange Club in Albany.

List of Firm Donors appears in The Annual Business Review Book of Lists, www.lasnny.org, LASNNY newsletter, Annual Impact Report,ACBA Court of Appeals Dinner Program Book and ACBA Newsletter.

2016 Campaign Co-Chairs: E. Stewart Jones, Jr and Thomas J. O’Connor

Law Firm Donors2016

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State Grants............................................. $ 1,631,010

County/City Grants .................................. 458,796

Other Grants............................................ 287,640

Miscellaneous Income ............................. 58,150

Private Fundraising .................................. 253,743

Legal Services Corporation ...................... 1,423,135

Other Federal Funds................................. 322,769

Interest on Lawyers Accounts .................. 992,500

Judiciary Civil Legal Services.................... 3,975,410

Total.................................................... 9,403,153

Personnel:

Lawyers ................................................... $ 3,929,973.21

Non-Lawyers ........................................... 1,785,217.93

Fringe Benefits......................................... 2,115,711.55

Operating:

Space & Utilities ...................................... 193,826.74

Office & Related Expenses....................... 364,626.09

Contract Services..................................... 572,957.15

Library ..................................................... 97,064.94

Client Litigation Expenses ....................... 25,762.61

Travel & Training...................................... 232,678.43

Miscellaneous.......................................... 258,840.53

Total ................................................... 9,576,659.18

The Legal Aid Society of Northeastern New York (LASNNY) is a non-profit law firm, providing assistanceand representation to poor and low-income people in civil, not criminal, cases. There is no cost for any of theservices we provide. We believe that everyone has the right to equal justice regardless of the ability to pay.

Revenue and Expenses2016

IOLA 11%

County/City Grants 5%Miscellaneous Income 1%Private Fundraising 3%

Legal ServicesCorporation15%

Other Federal Funds 3%

Judiciary Civil LegalServices 42%

Other 1%

State Grants17%

Lawyers

Non-Lawyers

Fringe Benefits

Space & UtilitiesOffice & Related Expenses

Contract ServicesLibraryClient Litigation Expenses

Travel & Training

Miscellaneous

2016 LASNNY numbers:10,137 cases closed

21,401 people benefitted$944 cost per case

Areas Of Expertise:• Domestic Violence• Homelessness Prevention (Eviction and Foreclosure Prevention)• Public Assistance Denials• SSD and Medicaid• Family Law

8

Types of cases handled by our staffand po bono attorneys in 2016

General Legal ServicesLegal Services Corporation ................................... $1,272,200.00Interest on Lawyer Accounts................................. $ 992,500.00Fund Raising & Contributions ............................... $ 253,742.81Judiciary Civil Legal Services................................. $3,975,410.22Interest Income..................................................... $ 533.68Miscellaneous Income .......................................... $ 57,616.64

Tax Clinic Legal ServicesIRS/ Low Income Taxpayer Clinic (LITC) ................ $ 97,671.00

Children’s Law ProjectDivision of Criminal Justice Services ..................... $ 49,663.00

Disability AdvocacyDisability Advocacy Project ................................... $ 532,443.65

Domestic Violence Legal AssistanceDomestic Violence Legal Assistance Project

U.S. Department of Justice............................... $ 194,647.74DV Legislative Grant ....................................... $ 58,500.00DV Legislative Grant (Farley Member Item).......... $ 5,000.00

STOP Domestic ViolenceDivision of Criminal Justice Services................ $ 115,863.96

Family CourtWarren County ..................................................... $ 165,092.28

HIV/AIDS Legal ConsortiumAlbany Law School/ AIDS Program...................... $ 76,572.13

HousingForeclosure Prevention Project

AG Home Owners Protection Program (HOPP) ............................................ $ 368,168.39

Homelessness Prevention Project

Housing and Urban Development /LASHSchenectady .................................................. $ 30,451.00

Solutions to End Homelessness Program (STEHP)

NYS OTDA (STEHP) ........................................ $ 184,786.96

Albany County DSS (STEHP) .......................... $ 108,990.12

SCAP/Schenectady County (STEHP) ............... $ 65,663.63

ETC/Clinton County (STEHP) .......................... $ 5,270.96

Unity House (STEHP) ..................................... $ 3,807.49

ESG Albany County........................................ $ 37,956.65

ESG Schenectady County............................... $ 28,909.05

City of Troy ESG ............................................. $ 4,923.75

Saratoga Springs Community Development Block Grant ............................. $ 3,750.00

Nutrition Outreach Education ProjectNutrition Consortium.......................................... $ 316,584.00

Senior Legal ServicesAlbany County Department for Aging................. $ 46,389.44

Fulton County Office for Aging ........................... $ 5,000.00

Washington County Office for the Aging ............ $ 12,000.00

St Regis Mohawk Indian Office for Aging ........... $ 8,294.59

St. Lawrence County Office for Aging ................. $ 10,000.00

Rensselaer County Department of Aging ............ $ 10,000.00

Clinton County Office of Aging ........................... $ 17,490.00

Other Programs

United Way Community Investment.................... $ 15,000.00

LSC/Pro Bono Innovation Fund ........................... $146,934.81.00

Legal Assistance of Western NY/PBIF .................. $ 21,490

Capital Region Re-Entry Project/NYBF ................ $ 15,100.00

ICAN ................................................................... $ 39,727.85

SAMHSA/SCAP.................................................... $ 2,194.21

JRAP ................................................................... $ 24,305.21

Other Local Grants.............................................. $ 22,508.45

Funding Sources2016

Family 23%

Housing 31%

Income Maintenance

22%

IndividualRights 3%

Miscellaneous 6%Juvenile .4%

Health 1%

Education .6%Employment 3%

Consumer 10%

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“The landlord thought I would justpack up my stuff and leave – he

wasn’t expecting me to fight back, butVeronica (Reed) did her thing, and I’m

so happy that I’m back in my home.

10

Veronica Reed is a LASNNY vol-unteer attorney who heads up asuccessful family-focused law firmin Schenectady, but prior to enter-ing private practice, Veronica rep-resented corporations like GeneralElectric, Kawasaki, Booz AllenHamilton, and MTA New YorkCity Transit. She also spent time inNew York City as a litigator forFisher & Fisher and Traub, Lieber-man, Straus & Shrewsberry, LLP.In that role, she represented public,private, and parochial schools, re-ligious institutions, non-profits,and commercial clients throughoutdownstate New York counties aswell as the Eastern and SouthernU.S. District Courts.

Although she spent a portion of hercareer in New York City, the up-state region has always held a spe-cial place in her heart. Veronicagrew up in Wilton, New York andhas resided in Schenectady fornearly a decade. She is the mom ofthree children (plus a pet mom totwo cats and one fish!) and is activein the Schenectady County Bar As-sociation and New York State BarAssociation, a board member of theDe Blasiis Music Series, and amember of the Ellis Medicine Pa-tient and Family Advisory Council.And she always finds time to donateher expertise to LASNNY clients.

This past summer, Donnell Berrysought help from LASNNY for alandlord-tenant matter. After beingincarcerated, Donnell learned thathis landlord had petitioned theTown of Greenfield Center for anorder of eviction. While Donnellowned his mobile home, the land-lord controlled the land under-neath, a common scenario, but one

that made the case more compli-cated. Donnell’s initial intake inter-view was for pro se help throughthe Closing the Gap program, butsince his situation was not a tradi-tional landlord-tenant case, Veron-ica agreed to take the case on probono.

From the outset, Donnell andVeronica faced challenges. Veron-ica says, “The landlord and his op-posing counsel just behaved badly.”She continues, “The opposingcounsel had decided that I was thisout of town attorney that he wouldnever see again. He thought that Iwas budging in to a local matter.”And Veronica was alarmed by theopposition’ s lack of respect for herclient. She says, “The opposingcouncil presumed that Donnell wasnot within his rights to ask for jus-tice. They didn’t even want to givehim a voice.” But Veronica made ither mission to make sure Donnell’svoice was heard.

Veronica was able to get the previ-ous proceeding (that ruled in thelandlord’s favor) dismissed becauseof several errors in the petition aswell as a jurisdiction error that wascatastrophic to maintaining aneviction. When she pointedout the errors, she saysthe Judge didn’t take itpersonally. He ac-knowledged themistake and saidhe’d work to fixthings. Veronica says,“The process of law isa collaborative effortand I truly believe thateveryone is sincerely tryingto uphold the constitution andwork toward justice.”

Because of Veronica’s work to dis-miss the case, Donnell he was ableto return to his home. Further-more, he was able to procure alease, something he hadn’t had inthe past. And Donnell says hisneighbors in the mobile home parkwere also granted leases, a win-winfor everyone. Veronica explains,“We helped get him the lease, butDonnell did most of the workwhen it came to negotiating.” Don-nell says, “I feel more secure with alease because it protects my rights.”He continues, “The landlordthought I would just pack up mystuff and leave – he wasn’t expectingme to fight back, but Veronica didher thing, and I’m so happy thatI’m back in my home.”

By Megan Harrington

11

Veronica ReedPAI Attorney

VERONICA REED, PAI ATTORNEY

Rural Widow Prevents Foreclosure and Provides a Home for her Granddaughter

Gail Spicer, a widowed homeownerliving in rural Cambridge, NewYork, found herself headed down thepath to foreclosure. Her husbandpassed away unexpectedly and shefell behind in her mortgage pay-ments. Worried she was going tolose her home; Gail contacted theLegal Aid Society of NortheasternNew York (LASNNY) for assistance.

Laura Dwyer was assigned to Gail’scase and was able work with thecourt to preserve Gail’s home.Laura explains, “Ms. Spicer cameto us in need of help obtaining aloan modification to save her homefrom foreclosure.” Unfortunatelyas Laura and Gail worked to sub-mit a loan modification applica-tion, another tragedy struck. Gail’sadult son, who lived with her andcontributed financially, passedaway. After the death, Gail’s grand-daughter, who had been living withher father, bounced around fromhome to home, often missingschool, and experiencing a lot ofinstability. Fortunately Gail wasgranted custody of her grand-daughter and this made saving herhome that much more important.But with inconsistent child supportpayment from the granddaughter’smother and the loss of her son’smonetary assistance, Gail experi-enced extreme financial pressure.

Laura assessed the situation andsoon a new plan was in the works.Laura says, “We were able to ob-tain an adjournment, work withGail on her budget to make up forthe lost income, and submit a newapplication.” Soon after, the newapplication was approved and the

foreclosure was dismissed. Unfor-tunately, Gail’s story doesn’t endhere. Shortly after the modificationwent into effect, the monthly pay-ments increased significantly. Gailcalled her bank repeatedly, but wasunable to receive an answer as towhy this happened. But fortu-nately, LASNNY was able to assistagain. Laura reached out to an es-calation contact at the bank to in-quire about the increase andlearned there had been a paper-work error. Laura says, “Welearned there had been a miscalcu-lation in the escrow shortage ar-rears and the current escrow hadalso increased. We were able towork out an affordable repaymentplan of the escrow without any latefees being incurred and preventingthe bank from filing another fore-closure against her.”

Laura is a tireless advocate for herclients and is continuously lookingfor ways to help them. She says,“After we worked out the most re-cent payment plan, which is afford-able, but just barely, I contacted theNew York State Mortgage Assis-tance Program. NYS-MAP pro-vides interest free loans with nomonthly payment to eligible appli-cants to save their homes. I advised

NYS-MAP of Gail’s situation andthey suggested filing for a loan forthe maximum amount of $40,000and using it as a down payment to-wards a loan modification or re-structuring.” If Gail is approved forthe NYS-MAP loan, it could pay offthe repayment amount in one lumpsum, reduce her principal, and ulti-mately reduce her monthly mort-gage payment even more. Laurahas been in touch with the lenderregarding another modification and,assuming Gail is approved for aNYS-MAP loan, they agreed toconsider the proposal. As of presstime Laura and Gail are waiting tohear back from NYS-MAP.

As for Gail, she can’t thank LegalAid enough. She says, “Laura is anabsolutely fantastic person. I knowwithout a doubt that I wouldn’thave been able to keep my housewithout the help of Legal Aid.”Now that the threat of foreclosureis behind her and payments arelower, Gail can breathe a bit easier.And most importantly, she can pro-vide a stable home for her grand-daughter. Gail’s granddaughter hasbeen living with her for an entireyear and she says, “My grand-daughter is now able attend schooland live in the only home she hasever known.”

Loan Modifiction CaseGail SpicerBy Megan Harrington

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LAURA DWYER, LASNNY FORECLOSURE PREVENTION ATTORNEY

“I know without a doubt thatI wouldn’t have been able to keep my house without

the help of Legal Aid.

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“After the accident, I was verydepressed about the situation…

but Sean (Moran) helped meout of it. I'm not exaggeratingwhen I say Sean saved my life.

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Debts Discharged and a License Preserved

When Annie Parsons borrowed afriend's car, she never imaginedthat a simple errand would cause somuch trouble. Annie borrowed thecar to drive the short distancefrom Cohoes to Albany and unfor-tunately was involved in an acci-dent along the way. When sherealized that her friend hadn't keptthe car's insurance up- to -date,things got complicated.

According to Annie, she was not atfault for the accident, however, theother driver's insurance companystill came after her. She explains,"The insurance company de-manded that I pay thousands of dol-lars in damages. They threatened togarnish my disability checks andtried to suspend my license." Shecontinues, "They only reinstatedmy license after I agreed to makepayments to them." Annie is dis-abled and relies on her license to getto doctor appointments, so she triedto do what the insurance companyasked. However, it quickly becameclear that the payments were toomuch of a burden for her limited in-come. Not knowing where else toturn, Annie contacted the Legal AidSociety of Northeastern New York(LASNNY) in August of 2016.

The case was referred to SeanMoran, a LASNNY attorney whofocuses solely on chapter 7 bank-ruptcies. Sean says, "The other driver's insurance company obtained

a judgment against Ms. Parsonsand she called us s hortly beforeher license was going to be takenaway." After meeting with Annie ,it became clear that a chapter 7bankruptcy would be the bestcourse of action. Sean says, "I metwith Annie, reviewed her credit re-ports, looked over her othe r debt,and prepared a chapter 7 bank-ruptcy petition with the courts."After Sean filed the paperwork,Annie took credit-counselingcourses online and attended a 34 1hearing (meeting of the creditors).By March 2017, her debts were dis-charged. T hanks to Sean's hardwork, Annie's debt to the insurancecompany was forgiven. A nd mostimportantly, Annie still has her li-cense and is able to transport herself to vital doctor appointments.

When individuals are buried underdebt, it can seem like there's noway out, but thankfully Legal Aidcan help find a solution. Sean saysthat he's been able to help a lot ofpeople through his chapter 7 bank-ruptcy work. He says, "I've beenable to do everythingfrom prevent utilityshut-offs to assistpreviously in-carcerat ed in-dividuals." Headds, "This isespecially im-portant becausewhen individualsare incarcerated, thedebts can pile up very

fast." Sean says, "At least for theAlbany office, this is a new pro-gram that we're working on build-ing up." He continues, "Annie wasmy first case, but I now have over50 clients."

With her debts discharged and herlicense in good standing, Annie isnow able to focus on her healthand well-being. She says, "After theaccident, I was very depressedabout the situation. I was in a badspot, but Sean helped me out ofit." Annie continues, "I'm not ex-aggerating when I say Sean savedmy life."

By Megan Harrington

15

SEAN MORAN, LASNNY BANKRUPTCY ATTORNEY

Bankruptcy CaseAnnie Parsons

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