Successes Archive

Local Volunteer Attorney Gives Back to Those in Need

“I firmly believe that every person, regardless of race, age, gender, sexual orientation, or economic background, deserves fair and equal access to quality legal representation and that members of the bar have a duty to provide pro bono legal services whenever they can,” says Jon Whalen, Esq., a volunteer attorney with the Legal Aid Society of Northeastern New York (LASNNY) through their Private Attorney Involvement (PAI) program. Jon practices corporate law in Albany and has volunteered with PAI for close to 10 years. Born and raised in Albany, Jon moved back to his hometown New York City after spending the early days of his career in the big city and was influenced by the pro bono work of his law firm cohorts in NYC. From the start, he has worked with LASNNY on a variety of cases, including estate planning, legal name change cases (most notably for the transgender community), unemployment insurance, and real estate.

 

Before earning his bachelor’s degree and juris doctor from Cornell University and Albany Law School, respectively, Jon was taught at an early age to give back to the community and endeavors to carry on a family legacy of public service. Jon’s father was Mayor of Albany from 1983-1993. When asked about the most fulfilling part of his involvement with LASNNY, Jon notes the thoughtfulness, appreciativeness, and cooperative nature of his clients. “It’s the most rewarding part of this experience, getting to work with these clients, not to mention the amazing staff at the LASNNY,” he says. And the feeling is mutual, according to Mallory Gibson, Esq., director of LASNNY’s PAI program, clients describe Jon as understanding, polite, patient, considerate, and kind. “There’s passion in Jon’s words and in his actions, and he exemplifies that,” says Gibson.

 

Mallory goes on to describe Jon as always open and excited to educate himself, ready to help out with different legal matters, and to serve as a guide for other attorneys. Working across several counties including Albany, Saratoga, and Rensselaer, Jon contributed almost 80 hours of volunteer time last year alone. When speaking of Jon’s dedication, Gibson exuded admiration. “Jon’s expertise and dedication to his clients is invaluable, the level of care and service he provides on every case is incredible. It was an easy choice to select Jon for the 2022 LASNNY Distinguished Service award.”

 

In his free time, Jon can be found mostly outdoors, enjoying a hike or bike in and around the Capital District and in the Adirondacks. Some of his favorite spots are Indian Lake and Wells, NY, and any other hidden gems ready to explore in upstate NY.

 

If you would like to learn more about volunteering with the Private Attorney Involvement program, please contact Mallory Gibson, PAI Director at [email protected] or 518-533-5932.

Supporting Survivors of Domestic Violence

The day I met Sarah it had been three years since she fled an abusive relationship within an inch of her life, and two years since she last saw her daughter. The day Sarah left, the child’s father said “if you leave, you will never see my child again.” He made it clear that Sarah could only see the child if she moved back in, but Sarah knew that would result in more abuse, and maybe her own death. Sarah pled with the police to help get her daughter, but they turned a blind eye and said “Sorry, this is a family court matter”. Sarah went to family court. She filed the custody petition herself. She was assigned a court-appointed attorney –who would catch up on her case in the hallway minutes before they entered the courtroom. The abusive father hired a well-established attorney, and the Court was fed lie after lie characterizing Sarah as a drug addict who had abandoned her child.

 

On the day of trial, Sarah’s attorney was not prepared. Sarah was told she needed to agree to the father’s terms, giving him physical custody of the child, with Sarah receiving a pittance of parenting time. Sarah recalled her attorney saying, “If you don’t agree to this, you might get even less.” She agreed. The Attorney for the Child put an objection on the record, making it clear to the Court that this was not in the best interest of the child.

 

It was less than a month after the final order was signed that the child’s father began withholding her daughter from seeing Sarah. After nearly a year in court fighting for her daughter, she felt defeated and traumatized. Sarah had nothing left.

 

Two years later Sarah found herself living an entirely different life. She had a good job, a supportive partner, a new baby, and had just bought a house. But as good at things were, the absence of her daughter gnawed at her every day. She knew she had to go back to court, and attempted to file the petitions numerous times, but the thought of facing her abuser in court always rendered her paralyzed. One afternoon, a CPS worker knocked at Sarah’s door. CPS was investigating after an alleged incident where the child’s father had abused his current girlfriend with Sarah’s daughter present. Sarah explained that she did not have any information since she had been denied access for almost two years. Sarah disclosed that she was terrified of the child’s father and feared for her daughter every day, but felt she had no options.

 

The CPS worker referred Sarah to her local DV program, which then referred Sarah to the Legal Aid Society of Northeastern New York where she was provided free representation by an attorney. Both a custody modification and a violation petition were filed, carefully crafted to put Sarah’s voice at the forefront of these proceedings. The judge, who was new to the case, immediately granted Sarah 2 overnights per week. That weekend Sarah saw her daughter for the first time in two years.

 

The case was settled just days before trial. While the father did still maintain physical custody since the child attended school 45 minutes away from the mother’s home, Sarah was able to reestablish her relationship with her daughter with a new custody order that granted her ample parenting time. Knowing she had dedicated legal representation at her side empowered Sarah to finally file the petitions she had been dreading. Working with an OVS attorney at the Legal Aid Society of Northeastern New York amplified Sarah’s voice and empowered her to always fight for her daughter.

Preventing Foreclosure

Born and raised in New York City, Ramon Ramirez made the move to Amsterdam in 2008. But shortly after he bought a house, he began to have trouble with his partner. When they split, trouble turned to crisis.

 

Ramon, 51, is a veteran. A violent car accident while deployed in Panama left him with PTSD, a diagnosis he received later in his life, at the height of foreclosure on his home. Reeling from this newly diagnosed and incapacitating disability, Ramon was in a seemingly inescapable hole.

 

That’s when a friend referred him to the Legal Aid Society of Northeastern New York. “When I reached out to Legal Aid to try to figure out if there was any way they could help me with the foreclosure, that’s when they recommended my attorney,” Ramon says. “From there he took care of everything and got me on track.”

 

LASNNY connected Ramon with two attorneys: Mike Telfer, who helped Ramon increase his disability benefits, and Stuart Thalblum​, a staff attorney who helped Ramon navigate his mortgage foreclosure and explore his options.

 

“We submitted an application for modification, which actually was denied,” Thalblum says. “So I went to the court attorney and said that this is totally unfair, especially given that Ramon seemed to have adequate income to qualify. So the court attorney gave us the opportunity to make a second application, which we did and in fairly short order he received a permanent modification offer.”

 

Ramon’s principal increased but his payments went down by about $130, a payment that’s manageable with his Social Security Disability benefits. He lives alone now, and his two daughters and granddaughters happily visit their dad in his home.

 

“My attorney was really on it,” Ramon says. “He was who I needed in my corner.”

 

Ensuring Protections for Renters in Schenectady County

In January 2020, Gail Brown moved into an apartment in Schenectady with her partner, her adult son, and her grandchildren.  There were a few problems with the apartment, and she let her landlord know about them.  One of her main concerns was that some of her windows didn’t work and seemed to be painted shut.

 

When the landlord hadn’t done anything about the windows by April, Gail called the Code Enforcement Office and asked them to inspect the apartment.  A case was opened, but it was closed without an inspection and without any repairs being made.  The landlord finally fixed one of the windows, but none of the others.

 

In the meantime, Gail was laid off from her job at Rivers Casino due to the COVID-19 pandemic, and she fell behind in her rent.  During this period, Code Enforcement came to the apartment to inspect the property and issue a certificate of occupancy as required by Schenectady Code; this was the first Gail had realized that the apartment did not have a certificate of occupancy.  Code Enforcement saw the sealed windows and, despite the ongoing eviction moratorium, ordered Gail and her family to leave the property immediately. Gail and her family had to split up; Gail and her partner were forced to pay to stay in a motel.  Although the Constitution provides that a person is entitled to notice and a hearing before being deprived of property (including a rented home)—or afterwards in the case of emergency–Gail was never offered a hearing.

 

Gail’s Legal Aid attorney, David Crossman, tried to negotiate with the city, both to change its procedure and to help her get back into her house.  When this did not work, Mr. Crossman filed a lawsuit in Supreme Court on Gail’s behalf. They asked the court to find that the City had to offer tenants a hearing when ordering them to vacate their homes due to code violations; that the city law which allowed for evictions without hearings was unconstitutional; and also asked to be awarded attorney fees.

 

In April 2021, a year after Gail had first asked for the windows to be fixed, the Court found that the city law was unconstitutional because it did not give people the chance for a hearing.  It also found that since there were state and federal eviction moratoriums in place when Gail was ordered to leave her home, the city’s actions in ordering her to vacate was against public policy.  Finally, the Court found that the Order to Vacate was null and void and could not be enforced, and it awarded Legal Aid attorney fees. (The City is currently appealing the decision, but it has passed a new law requiring a hearing for someone who is ordered to vacate by Code Enforcement.)

 

Although Gail is now living in another apartment and reunited with her family, she is very pleased to know that there are protections for other renters in Schenectady and that they will not need to go through an ordeal like hers.

 

Client recovers ten years of disability benefits with LASNNY’s help

Paula worked for years to support her family and get them whatever they needed. She paid into the disability system without a thought, and never looked back – until she was faced with an accident that left her permanently disabled and unable to work on October 25, 2008. She, just like many others, applied to receive social security and disability benefits that she paid into while working. But to Paula’s dismay, her application was denied.

 

Paula was determined to prove her case and receive the disability and social security benefits that she was rightfully owed. She knew she was qualified for these benefits and appealed multiple times, but each appeal was denied. She even resubmitted her application in February of 2010, but her application was denied a few short months after. While she waited for results, Paula continued to work despite her painful and crippling disability.

 

Years had passed and Paula was frustrated after submitting several applications and appeals that were denied. She understood that she needed professional assistance to secure her benefits, but she couldn’t afford an attorney. She started to lose hope, until she consulted with attorneys at the Legal Aid Society of Northeastern New York (LASNNY). The attorneys at LASNNY took her case ultimately to federal court.

 

While multiple attorneys worked on her appeal over the years, William Holland, Esq. negotiated her federal court remand. An administrative law judge then issued a decision finding that Paula had been disabled by law since October of 2008. Her original application was finally approved, securing over a decade of disability and social security benefits.

 

“We’ve been working with her for almost ten years, or more than that,” William Holland said. “She had multiple hearings and two federal court cases to eventually be approved. Not only that, LASNNY stuck with her – between four of five lawyers and all of the support staff – to eventually win. Paula deserves a lot of credit for sticking with it too, because she easily could’ve given up.”

 

Since then, Paula has received her rightfully earned benefits and maintained her quality of life. She’s been able to buy her home and take care of some lingering financial obligations. Paula is especially grateful for William and the rest of the LASNNY staff, who tirelessly worked to help Paula when she faced multiple denials. Currently, Paula is recovering from COVID-19 and offered very few, but very powerful words.

 

“The LASNNY team helped me establish a foundation for me and my family,” she said. “They didn’t give up and fought for me throughout a long process and I’m thankful that I was referred to their services.”

Easing the Worry

The phrase “unprecedented times” was commonly used to describe the onset of the Covid-19 pandemic, but for Ms. Keenya Bemis, the terms isolating and worrisome are more fitting. As an educator and after-school program leader, the pandemic removed the interpersonal interactions that were the heart of Keenya’s daily life. As a mother, the unpredictability of financial security threatened her ability to provide for her family. Amidst isolation and worry, Keenya managed the burdens of the pandemic, but the summer presented a series of trials too heavy for her to bear alone. Keenya lost her source of income. Although able to receive federal assistance, this assistance initially created more problems than it did solutions. However, the Legal Aid Society of Northeastern New York, through the advocacy of Attorney Anthony Mohen, provided Keenya Bemis the support necessary to ease her worries.

 

As an educator, Ms. Bemis teaches for the Schenectady City School District ten months a year and spends her summers leading an all-day STEAM camp for the Liberty Partnership Program at Schenectady County Community College. The height of the pandemic forced Keenya to quickly adapt to remote learning, which she explains as very challenging due to the lack of facial interaction because “many students would not turn on their cameras.” When the unparalleled school year came to an end, Keenya learned that Liberty Partnership Program would not be employing her for the summer. Receiving this news worried Keenya greatly. She explains, “We were living on the last paycheck; not knowing how we were going to manage for the next few months was a big issue.”

 

Without the source of income she depended on, how was Keenya Bemis supposed to survive? Knowing that teachers were not usually eligible for unemployment benefits during the summer months, Ms. Bemis did not plan on applying. However, she received an email from her union explaining that she might be eligible for pandemic unemployment assistance. Keenya applied and was approved for federal assistance. Starting late June of 2020, Keenya claimed benefits for four weeks until she returned to school in July for a few days of professional development. Due to the break in her claim, Ms. Bemis stopped claiming benefits despite being out of work until the end of August.

 

What was initially a saving grace quickly became a hassling headache. In October of 2020, Ms. Bemis received notices stating she was ineligible for benefits due to having a reasonable assurance of returning to work in the next school year. She was charged with an overpayment of $4,038. Keenya explains that she was again “worried and unsure of how she was going to afford the repayment.” While reviewing the notice, she observed that it mentioned the ability to seek representation and contacted the Legal Aid Society of Northeastern New York, where she received counsel from Senior Attorney Anthony Mohen. Mr. Mohen states that “The experience with Ms. Bemis demonstrates the urgent need for civil legal assistance to help New Yorkers meet basic needs during the pandemic.”

 

 

Mr. Mohen did just that. He provided Ms. Bemis with quality legal counsel determining she was indeed eligible for Pandemic Assistance during her summer unemployment. With this information, Ms. Bemis requested a hearing that took place in April of 2021. Mr. Mohen represented Keenya and won! The decision found that Keenya was entitled to collect benefits for her months of unemployment and that there was no overpayment. Not only did Ms. Bemis not owe any money, but as a result of the decision, Ms. Bemis was able to backdate her claim for the final weeks she was without work, receiving an additional $504 in retroactive benefits!

 

 

The onset of the deadly coronavirus ravaging globally was enough to worry any of us. Coupling the global mania with financial insecurity and unpredictability increased the worry for Keenya Bemis. Finding a source of vital assistance then being told you must repay it surmounted the worry into a burden too great for Keenya to bear alone. The support of Mr. Mohen was instrumental to Keenya, who notes that “[h]e was very helpful, kept me regularly updated and without his assistance, I would have been very stressed out and unsure of how to deal with this issue.”  The assistance of Anthony Mohen and the Legal Aid Society gave Ms. Keenya Bemis the support necessary to ease her worry. Mr. Mohen reminds us that, while “Ms. Bemis was fortunate because she called Legal Aid and had representation in her hearing,” “[f]or every client like Ms. Bemis we serve, there are likely many others who were unable to receive this assistance.”

 

Ensuring Stability for a Single Mother and her Children

Christine M. – Ensuring stability for a single mother and her children

 

The goal of the Homeowner Protection Program is to keep people like Christine M., a single mom of three who also works full time, in their homes. Christine came to the Legal Aid Society of Northeastern New York and was introduced to attorney Stuart Thalblum, together they were able to ensure the stability for her family that she was hoping for.

 

A few years ago, Christine fell behind on her mortgage and entered foreclosure. And for a while, she tried to find a solution to the foreclosure on her own. She says, “I was diligent and did everything the banks asked me to do, but it wasn’t having an effect.” The lenders and bank employees kept changing, making for a very slow and complicated process. Eventually, Christine filed for bankruptcy, but still couldn’t sort out the mortgage payments. She remembers, “I felt like there was no way out. I found myself getting deeper and deeper into a hole.”

 

Finally, Christine decided to get in touch with The Legal Aid Society of Northern New York (LASNNY), to see if they could help. Christine says, “I work for a non-profit and we make a lot of referrals to LASNNY, so I’m familiar with the organization.” But because she is employed full time and earning a moderate income, she wasn’t sure if she would meet the requirements. Fortunately, Christine met the criteria and was able to get the assistance she needed.

 

Christine says, “I was referred to Stuart Thalblum and he was amazing about taking the burden off my shoulders and letting me know what my options and rights were.” She continues, “Stuart and the entire LASNNY staff were great about walking me through the entire process.”

 

Stuart gives Christine a lot of credit for the successful outcome. He says, “She did most of the work on her application and I stepped in to straighten out some of the legal issues (i.e. bad faith and shortcomings of bank).” This case was a bit complicated because the mortgage was not serviced by one of the big banks and a very small law firm represented it. Because Stuart and Christine were dealing with smaller firms, negotiations took a lot longer. Their initial goal was a mortgage modification, but the process was neither easy nor straightforward.

 

Stuart attended settlement conferences over the course of a year, but the banks rejected Christine’s modification application multiple times. They claimed she still owed money, but in actuality these debts had been wiped out thanks to bankruptcy. Fortunately, Stuart’s experience in bankruptcy proceedings allowed him to find and present these resolutions to prove that she was in the clear.

 

During settlement conferences, the bank initially offered two alternatives: $67,000 payments over 12 months or a “short pay off,” which would require paying off a reduced amount in full. In a stroke of luck, Christine received a substantial monetary inheritance during this time. At the final settlement conference in December 2020, the bank’s counsel asked if she would consider a short pay off option instead of a reinstatement.

 

After conferring with Stuart, she offered $55k and the bank accepted. The new mortgage modification came with a 4% interest rate and a 12-year increase in loan life, both things Christine felt comfortable with.

 

Even after the modification was in place, Stuart remained diligent. Christine says he kept fighting to make sure every last detail was ironed out, specifically issues regarding paying the homeowner’s insurance out of escrow. And finally, Stuart made sure that the case was dismissed so that the foreclosure no longer shows up on title reports. Everything wrapped up in the spring of 2021 and Christine is currently living in her home and managing payments.

 

Christine credits Stuart’s diligence for her case’s outcome. She says, “I can’t say enough good things about him. He always went above and beyond and was available to answer questions whenever I needed him.” For others in a similar situation, she urges them to get in touch with LASNNY, even if they’re not sure if they’ll meet the criteria. LASNNY’s grants have varying income requirements and mortgage modification programs typically have higher thresholds, with the goal of keeping homeowners in their homes.

 

*Names and details have been changed to protect the privacy of the client and her family.

With LASNNY’s Help Client Recovers Her Life

Rebecca Thompson is a 45-year-old recovering heroin addict with a long history of mental illness based in significant trauma. For many years she struggled to concentrate and work a full time job. And in addition to her mental health issues, Rebecca suffers from neuropathy in her limbs as well as hip and joint issues. As a result of the discomfort, she became addicted to painkillers and then later, heroin.

 

Then, Ms. Thompson’s daughter died in a house fire in 2013, which only compounded the situation. Ms. Thompson says, “I really lost it after my daughter’s death.” After this tragic event, Ms. Thompson descended into major depression. Unable to work or support herself, she made the decision to apply for social security disability benefits. With the help of the Legal Aid Society of Northeastern New York (LASNNY), Ms. Thompson’s request was granted. Consequently, these benefits have drastically improved her life in ways many of us take for granted.

 

Adam DeFayette, an attorney in LASNNY’s Plattsburgh office agreed to represent Ms. Thompson, but explained that though her case had merit, it was complicated by location. Essex County is an extremely rural county with very limited access to mental health treatment; the mental health clinicians that are available are generally carrying heavy caseloads and consequently burnt out. This was a significant factor in Ms. Thompson’s case because her treating therapist would not take the time to provide an opinion on the case. And without this supporting evidence, the case was much more vulnerable to denial.

 

But from the moment Mr. DeFayette met with his client, he knew the case had a solid chance. He says, “She seemed very kind and sincere. That’s important because I knew she’d eventually go in front of a judge and she needed to be believable.” Mr. DeFayette says that credibility is one of the things he looks for before taking on a client and Ms. Thompson readily passed the test.

 

Mr. DeFayette continues, “She had terrible things happen to her. She had major depression and other mental health issues. It just wasn’t in the cards for her to work 40 hours per week.” Despite limited resources in the North Country, Ms. Thompson was able to see a traveling doctor once per month for addiction counseling and a suboxone prescription. In addition to the suboxone, the doctor also provided psychotherapy and psychiatric medication. Mr. DeFayette worked to get Ms. Thompson’s medical records from this doctor and was ultimately able to speak with him on the phone.

 

Mr. DeFayette asked the doctor if he would provide an opinion in Ms. Thompson’s case and thankfully he agreed. The doctor came through with a detailed medical opinion, which is unusual in social security disability cases. Mr. DeFayette’s hard work paid off and the judge decided in Ms. Thompson’s favor. She ultimately received $12,900 in retroactive benefits.

 

Mr. DeFayette says, “While we were waiting for a decision, I thought about this case nearly every day, wondering if Ms. Thompson’s life would improve.” And thanks to a favorable judgment in 2019, her life did improve dramatically. Ms. Thompson was able to procure a better apartment and has been able to keep her three dogs, which she says are integral to her mental health. Mr. DeFayette says, “These little things that people take for granted were made possible because she received this benefit.”

 

Thanks to the hard work of Adam DeFayette in the Plattsburgh office and a well-timed letter from a sympathetic doctor, Ms. Thompson’s life has changed course for the better. As for LASNNY, Ms. Thompson is effusive with her praise. She says, “Adam was great throughout the whole process and LASNNY really helped pull the case together. I couldn’t have done it on my own.”

 

PAI Volunteer Spotlight: Fiona Farrell

Fiona Farrell has been an essential piece of the expansion of the Legal Aid Society of Northeastern New York (LASNNY) Attorney for the Day (AFTD) program into the Glens Falls City Court. In 2019 she helped seventeen clients avoid money judgments, get time to find new housing, or avoid eviction altogether. Without her help, these tenants would have had to represent themselves in housing court where they could have been evicted in as little as 72 hours or been ordered to pay large sums of money to their landlords.

 

Attorney for the Day is an in-person, limited scope pro bono program where attorneys represent low-income tenants facing eviction in housing court on a particular date. The representation begins and ends the same day. The LASNNY Attorney for the Day program currently operates in Albany, Glens Falls, & Troy City courts.

 

In rural areas like the North Country, it can be a challenge to find housing and legal representation, when necessary. Because of Fiona’s tireless efforts, many low-income individuals have one less thing to worry about. In addition to directly helping clients, Fiona has also assisted other PAI volunteer attorneys by sharing her documents, letting them shadow her in court, and being available as a resource.

 

Born in Montreal, Quebec, Fiona Farrell lives on a small farm in Saratoga with her husband Kevin and their menagerie of animals including horses, dogs, and a cat. Luckily Saratoga County is the perfect spot for an equine lover like Fiona; she owns a solo law practice that focuses primarily on horses and their people and has been active on behalf of equine welfare initiatives, including serving as a member of the NYS Task Force on Retired Racehorses. Most notably, Fiona started the Thoroughbred Renaissance program to promote thoroughbreds for use as show and pleasure horses.

 

Fiona says, that being an AFTD is one of the most direct ways she’s been able to help people in need. Fiona explains, “Volunteering helps me see in stark and immediate human terms the difference that legal representation can have. It can spell the difference between becoming homeless in days or not, in owing multiple thousands of dollars or much less, in feeling helpless or that someone is in one’s corner.”

 

And the appreciation is mutual – LASNNY is all the better because of Fiona’s contributions. LASNNY’s PAI (Private Attorney Involvement) paralegal, Melody Harkness, says, “Fiona has been instrumental in sustaining our Attorney for the Day program in Glens Falls. She is a zealous advocate and is always willing to mentor and share her expertise with new pro bono advocates.”

PAI and Closing the Gap Programs Collaborate to Assist Disabled Client

Deborah Crocker, a participant in the Closing the Gap program, received assistance in appealing a default judgment regarding outstanding consumer debt. Ms. Crocker is unable to work and receives Social Security Disability benefits, so she was distressed to receive an income execution notice for $1,000. An unknown creditor pursued unpaid debts, but because Ms. Crocker was never notified of the initial court proceedings, a default judgment was made against her. Ms. Crocker contacted her local Legal Aid Society of Northeastern New York, Inc. (LASNNY) office and was referred to the Closing the Gap program, which works to close the urban/rural service gap in northeastern and western upstate New York through innovative uses of technology and cross program collaborations. Breanna Staffon, Esq. a PAI volunteer in the program, prepared a motion to have the judgment vacated. Ms. Crocker went on to represent herself pro se and as a result, the judgment was vacated and matter dismissed.

 

Ms. Crocker says, “Without the help of LASNNY and Breanna Staffon, I don’t even know where I would have begun. I had no idea where those debt claims were coming from. I would have been at a loss.” She explains, “I was really trying to find out why I hadn’t been contacted about this or served papers.” Fortunately, Ms. Staffon was able to dig in and find out who the complainant was. She completed all the necessary documents for Ms. Crocker to go to court and represent herself. Ms. Crocker says, “I couldn’t have done it without Breanna because as they say, ‘the devil is in the paperwork.’”

 

Ms. Staffon says, “Ms. Crocker never received a Summons and Complaint regarding this debt to this particular creditor, so I prepared an Order to Show Cause through LASNNNY’s Closing the Gap program. The opposing counsel did not appear, and an Order was entered by the judge vacating the default judgment against Ms. Crocker.”

 

After successfully having her initial default judgment dismissed, Ms. Crocker continued to work with the Closing the Gap program to search for any other unknown judgments against her. With continue assistance from Breanna Staffon as well as Chelsey Lester, Ms. Crocker discovered two additional judgments against her. With the help of the program’s attorneys, Ms. Crocker was able to expeditiously prepare the paperwork necessary to contest the matters.

 

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PAI Volunteer Attorney, Breanna Staffon, Esq.
At each court appearance Ms. Crocker adamantly requested verification of the debts in question, however documentation for the debts were never provided. It is common for the opposing counsel to delay proceedings until litigants no longer have the energy to appear and dispute the matters, but Ms. Crocker prevailed. Despite her lack of transportation, Ms. Crocker appeared at every scheduled in-person and remote conference, even when the other side didn’t extend the same courtesy. Her perseverance paid off. In the end, a $2.555.61 judgment was vacated with prejudice and a $10, 692.58 judgment was vacated and discontinued.

 

Melody Harkness, LASNNY’s PAI Director, says that since Breanna Staffon began volunteering in 2018 she has taken on a number of consumer debt matters, which have yielded successful outcomes for clients. Ms. Harkness says, “We were able to find such an active volunteer due to her involvement with the Capital District Women’s Bar Association, who promote pro bono among their membership. We are lucky to have her as a volunteer and grateful to share the impact of her pro bono assistance in this particular matter.”

 

The Closing the Gap program is a partnership between the Legal Aid Society of Northeastern New York (LASNNY) and Pro Bono Net. For more information on the program, visit www.closingthegapny.org.