Levy Law & Mediation Firm, P.C.

09/09/2021

Friends, I was E-spotlighted by the Nassau County's Women in the Law Committee. Please see below.

Dear Committee Members:

This month’s E-Spotlight Member is: ---

Name: Suzanne Levy, Principal and Managing Member at Levy Law & Mediation Firm, P.C.

Office, location, website, contact info 233 Broadway, Suite 801, New York, NY 10279, www.levylawfirmny.com, (o) 5165846911 (f) 5163086817

Practice area: Elder Law, Trust and Estates and Mediation

Years of experience 28 +

Practice area you would like to learn more about, or would like to have a mentor in: Nursing Home liability and American with Disabilities Act liability cases

Tell us a unique or interesting CLE you have given or attended: CMS (Community Mediation Services) training/CLE - Attended 40 hours of mediation training focusing on transformative mediation skills. Trained by expert mediators with a deep understanding and experience in mediation. Training included interactive lectures, roll playing, and volunteering with CMS.

Random/Memorable fact about yourself or practice as an attorney:
A recent Part 146 Mediation for Surrogate’s Court that I handled shows both a random and memorable aspect of my practice. I chose this mediation because it is an example of how parties are ready to settle when they are no longer stuck in their history/drama (which is typically the underlying cause of their conflict.) Although the decedent had a Will, making equal distributions to the brothers, they were angry with each other and disputed the distributions and remaining tangible personal property from the estate. The first brother lived with his mom, took care of her, and personally paid for her assisted living expenses during her lifetime. The other was in the armed forces. Nevertheless, they both felt the other disrespected their work. This is where they were stuck. It became apparent during the mediation that this was the first time each heard the other’s version of events and why they felt justified in their positions and their interests — which is another way of saying what each party wanted versus why they wanted it. I pointed out that listening to different positions and interests is very difficult, but it was also the basis for the reasons their case did not settle. Only after each party had the opportunity to put on the table what matter to them and what was important to them, did they finally achieve that ah-ha moment…that they both made sacrifices and served, one for their mother and the other for their county. After becoming “unstuck”, they were finally able to talk about the numbers, and settle their case.

Photo attached.

Elder Law and Mediation Law Firm appointed by the NY Courts and available for private Mediation services.

06/24/2021

Honored to be the Alternative Dispute Resolution Co-Chair and Elder Law Co-Chair of the Nassau County committees for the next two years.

06/15/2021

The NYS Academy of Trial Lawyers reported an update on the tolling of the Statute of Limitations in NY pursuant to Governor Cuomo's Executive Order in response to the Covid-19 Pandemic in a recent NYS recent Appellate Division Decision as follows:

In an order and decision decided on June 2, 2021, the Appellate Division, Second Department of the State of New York answered the questions as to whether Governor Cuomo had the statutory authority to “toll” statutory time limitations and whether the Executive Order was in fact a toll and not a suspension. Brash v. Richards, 2021 NY Slip Op 3436. The Second Department Justices in a unanimous decision found that pursuant to the language in Executive Law § 29-a-(2)(d), the Governor has the authority to “alter” or “modify” the requirements of a statute. Therefore, the Governor does have the authority to toll statutory time limitations during a state emergency.

Further, the Court noted that in Executive Order No. 202.8, the Governor expressly stated that he intended to “toll” the statutory limitation periods. Although subsequent Executive Orders following Executive Order No. 202.8 did not expressly use the word “toll,” language used in those orders indicated the Governor’s intent to extend Executive Order No. 202.8 with the same terms, including tolling. Therefore, the Court found that the subsequent Executive Orders continued to toll the statutory time limits. The distinction between tolling and a suspension of statutory time periods is an important one. Tolling, as the Second Department held was the effect of the Governor’s Executive Orders, means the days during which the Executive Orders were in effect do not count in determining statutory time periods. Time periods stopped running the day the Executive Order 202.8 was signed (March 20, 2020) and did not resume until the Executive Order and its extensions expired on November 3, 2020. The time period of the tolling is added to the original statutory time period. Had the Court determined the Executive Order was a suspension, the time period during which the Executive Order was in effect would only have delayed the running of the statutory period until November 3, 2020.

05/16/2021

Friends, NYS enacted S.8427/A10528,to provide additional benefits for the families of a public employees who contracted COVID-19 and died of COVID-19 during the course of their employment, and for retired persons who returned to aid in pandemic, from March 2020-May 2020.
This package is based on the fact that despite the dangers of this pandemic, many municipal workers continued to provide critical services to New Yorkers. Their commitment to the communities that they serve led to many being exposed to COVID-19, with some members tragically passing away. While nothing can ever take away the pain caused by the loss of a loved one, this legislation is intended to help their families with needed expenses.
The Levy Law & Mediation Firm, P.C. is currently assisting such families receive these benefits.

03/04/2021

https://www.levylawfirmny.com/estate-elder-corporate-law/granny-cams-whats-the-law

When your loved one enters a nursing home or assisted living center, you expect them to be safe. You expect them to get the care they need in a peaceful environment. But do you ever wonder what...

08/16/2020

Facebooks Friends,
My daughter is headed to the University of Michigan, and because of these uncertain times, I analyzed two tuition reimbursement carriers comparing the premiums for the combined Fall & Winter Terms versus a Single Term.
I am posting it here, because thought it could help other parents who are considering this type of insurance coverage.
Based on my analysis, it seems that Dewar makes the most sense, but everyone needs to use their own judgment.

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08/07/2020

Fair Hearing decision reversed MLTC's decision to reduce care hours in favor of Appellant.

The Levy Law Firm is pleased to report the reversal of an adverse determination by Archcare, an MLTC, authorized to provide Home Health Aide Services.

The facts of the case are that my client's Home Health Care service were reduced on the alleged ground that "the service is not medically necessary". The services were reduced from 12 hours/day of personal care and 3 hours/day of cluster care for a total of 15 hours/day, to only 6 hours/day of cluster care. This reduction was drastic and very detrimental to the well-being of the client.

Arlene Glotzer, the client's Daily Money Manager, contacted the Firm to oppose the unfair decision and strongly advocated for her client.

During the Fair Hearing, Archcare failed to support it's position and the Firm supported the client's claim with an expert report, negating Archcare's position.

The Decision and Order by the State of New York Department of Health, Commissioner's Designee, on 7/31/2020 completely reversed the adverse determination, reinstated ALL the Home Health Care services, effective within 10 days of receipt of the Order.

05/13/2020

Member of the Nassau County Bar Association Covid Community Task Force. If you have any legal questions of any nature at this time, please email me at [email protected] with your questions so that I can directed you to the correct resource.

03/23/2020

Most people prepared with an abundance of toilet paper and hand sanitizer to manage the Covid-19 crisis, but many people have not protected their health care and financial actions/decisions with a Health Care Proxy and Power of Attorney. These documents should be executed before crisis strikes so that the correct health care and financial decisions can be made, in the event you are unable to act.

Under Executive Order 202.7, these documents can be executed using audio-video technology through April 18, 2020.

I can email a copy of the Executive Order if you would like a copy. Please email me at [email protected]

08/29/2019

Home Health Aides are one of the fastest growing jobs, but the compensation is one of the lowest paid in the U.S. https://www.vox.com/the-highlight/2019/8/21/20694768/home-health-aides-elder-care