State has $14.5 billion in unclaimed funds – The Daily Record

State has $14.5 billion in unclaimed funds

by: Daily Record Staff

New York State Comptroller Thomas P. DiNapoli on Thursday announced that his office has over $14.5 billion in unclaimed funds and urged New Yorkers to see if any of it belongs to them.

In the state’s 2015-16  fiscal year, DiNapoli’s office set a national record for the third consecutive year for the most unclaimed funds returned in one year, totaling $452 million.

There are currently more than 35 million unclaimed funds accounts, some dating back to the 1940s. Excluding New York City, the majority of people who are owed money can be found on Long Island, where there is over $326 million in 590,983 accounts owed to Nassau County residents and over $240 million (524,316 accounts) for residents in Suffolk County.

Westchester County has over $250 million (448,529 accounts) owed to residents, followed by Erie County (over $113 million owed to 241,221 accounts) and Monroe County (over $82 million owed to 196,890 accounts).

In his annual reporton unclaimed funds, DiNapoli released regional data on the total amount of unclaimed funds paid by county in fiscal year 2015-16. Outside of New York City, DiNapoli’s office paid out the most to Long Island residents (over $58 million to 69,551 accounts), followed by the Capital-Saratoga region ($42.6 million to 15,283 accounts) and the Hudson Valley ($31.6 million to 46,478 accounts).

The majority of unclaimed funds accounts stem from old bank accounts but also include stocks, life insurance, uncashed checks and gift cards. State law requires that abandoned money or securities be transferred to the Comptroller’s office if there is no activity in an account for a period which is typically three years. DiNapoli serves as the custodian of these unclaimed funds until they’re claimed by the rightful owners.

To check on unclaimed funds, click here


Landlords empowered by Monroe County Court ruling – The Daily Record

Landlords empowered by Monroe County Court ruling

by: Bennett Loudon

A Monroe County Court judge has reversed a Rochester City Court decision, upending a longstanding canon of landlord-tenant disputes that will make it easier for property owners to get money judgments against tenants.

County Court Judge Christopher S. Ciaccio overruled City Court Judge Ellen M. Yacknin after she declined to issue a judgment for back rent against residential tenant Alice Sposato, because Sposato was not personally served with a notice in the case.

“It’s extremely significant,” said John Nacca, a Rochester attorney who often represents landlords.

“That is one of the major issues that landlords have in terms of not being able to get that judgment. It’s very important to them to do that, even if it’s not collectible,” Nacca said.

Historically, when the tenant can’t be located, leaving a summons with someone else, or “nail and mail” service has not been allowed.

Ciaccio sent the case back to Yacknin “for further proceedings including the entry of a monetary judgment and calculation of costs and fees.”

Yacknin ruled on Feb. 2, 2016, in favor of Sposato. Attorney Andrew J. Dick appealed to Ciaccio for Cornhill LLC.

With Ciaccio’s decision, substituted service is now acceptable in Monroe County. Previously, all city judges, and most town justices, followed the same rule requiring personal service.

Appeals have been rare because they don’t usually make financial sense. For example, a landlord seeking back rent of $850 would probably end up paying a lawyer more to appeal a ruling than they could recover.

“To pay a lawyer to do an appeal, which is a very tedious process, far outweighs the benefit,” Nacca said.

But there was no extra expense for Cornhill LLC because Dick is in-house counsel at Mark IV, which operates Cornhill Landing apartments.

“For him it was just all in a day’s work,” Nacca said.

Word of Ciaccio’s decision spread in the legal community on Monday.

“We’ve already put it to good use last night in Irondequoit, and today in Rochester City Court,” Nacca said.

The old rule is based on the 1929 Fourth Department case In Re McDonald.

“This McDonald case has been criticized up and down for decades now,” Dick said.

“It’s not the same thing as the Fourth Department reversing it, but it’s pretty close. This should be binding in all of Monroe County now,” he said.

The Fourth Department’s ruling in McDonald was based on statutes in the Civil Practice Act (CPA), which no longer exist. In 1963 the state Legislature enacted the Civil Practice Law and Rules to replace the (CPA).

Sposato was not represented by an attorney and never appeared in court on the case, Dick said.

Landlords empowered by Monroe County Court ruling


Monroe County announces oxygen stations for those without power

Monroe County announces oxygen stations for those without power

by: WHAM

Monroe County has setup EMS stations for residents in need of oxygen after strong winds knocked out power for thousands in the area.

Patients who have lost power and oxygen equipment functionality, and cannot reach their oxygen provider, may go to one of the following locations:

• Perinton Ambulance – 1400 Turk Hill Rd, Fairport, NY 14450

• Gates Ambulance – 1001 Elmgrove Rd, Gates, NY 14624

• Greece Ambulance – 867 Long Pond Rd, Rochester, NY 14612

Residents are encouraged to bring their oxygen equipment to the stations whenever possible. Oxygen equipment and supplies are also available for residents who do not have their own.

Residents are also encouraged to check-up on friends and family who use oxygen equipment, to confirm their safety.

If there is an emergency need, residents should call 911 to receive further information.