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LoTempio PC Law Group News in Buffalo, New York

News and results


Taos County Cases Won

Client faced two felonies, three misdemeanors, and a petty misdemeanor. Total jail exposure was 14 years.  Partial dismissal via motion argument. Trial aquittals on all other counts- March, 2023. 
 
Client faced two felonies, with two lesser included petty misdemeanors. Total jail exposure was 9 years. Jury trial acquittal on both felonies, hung jury on the lesser petty misdemeanors. Result: Plea to one petty misdemeanor with 6 months unsupervised probation. 
 

Charges Dismissed in Mistaken  Identity Case

Recently, LoTempio P.C. Law Group obtained a favorable outcome in a Promoting a Sexual Performance by a Child case. The charges against our client were based on mistaken identity, which were ultimately dismissed. Our client was falsely accused simply because his Instagram username was similar to that of the actual perpetrator, who targeted young girls through social media.

To learn more about this case, visit our blog entry here.


ATTORNEY ANDREW GILL PREVAILS IN CIVIL SERVICE APPEAL, CLIENT RETURNED TO ELIGIBLE LIST

A LoTempio PC client applied for the position of Firefighter in the City of Buffalo and passed the exam.  After having completed a significant portion of the hiring process, the client was notified by the City that he was no longer eligible for the position due to an issue that arose in the background investigation.  Andrew Gill appealed the City’s decision to remove the client from the eligible list.  Mr. Gill subsequently conducted an oral presentation on behalf of the client with the Division of Civil Service.  The appeal was successful which ultimately resulted in the client being returned back on the eligible list.  The client is continuing processing for the position.


LOTEMPIO PC ATTORNEY ANDREW GILL SECURES SETTLEMENT FOR CLIENT INJURED IN MOTOR VEHICLE ACCIDENT

A LoTempio PC client was the driver of vehicle that was rear-ended causing the client to sustain serious injuries.  After the insurance company initially denied the claim, Attorney Andrew Gill filed suit.  Subsequently, settlement negotiations began and Mr. Gill was able to secure an award which was over five times greater than the original offer.  The client was very pleased with the result and was glad to put the case behind him.  If you are injured in a motor vehicle accident, please call our team of personal injury attorneys at (716)855-3761 to help you with your case.


The National Trial Lawyers Announces Boyd Earl as One of Its Top 100 Civil Plaintiff Trial Lawyers in New Mexico

The National Trial Lawyers is pleased to announce that Boyd Earl of LoTempio P.C. Law Group has been
selected for inclusion into its Top 100 Civil Plaintiff Trial Lawyers in New Mexico, an honor given to only a select group of lawyers for their superior skills and qualifications in the field.
To learn more, read our blog entry here.

Benefit for Jennifer Runfola

Join us for an evening of food, drink and music to help raise money for our dear friend and colleague Jennifer's fight against Breast Cancer.

The Buffalo Irish Center  |  Thursday, September 30, 2021  |  5 - 9 PM

  • - Basket Raffle
  • - 50/50 Split Club
  • - Silent Auction
  • - Bonus Special Event Night Raffle for a Yeti filled with your favorite alcohol
  • - Live Music by The Kensingtons (in the Emerald Room) and Michael Bly (in the Pub)
  • - Great Food
  • - Cash Bar

All funds raised will go to help Jennifer and her family to assist with medical expenses.

How can you help?

  • - Tickets are $20 in advance, $25 at the door
  • - Basket, Cash or Gift Certificate donations for raffle items gratefully accepted

More information can be found here: https://www.eventbrite.com/e/help-jennifer-runfola-merriman-kick-cancers-ass-tickets-168354680381

For more information or to donate, email: JenniferRunfolaMerrimanBenefit@gmail.com


Client Acquitted of Charge

Client was charged with Criminal Possession of a Weapon in the Second Degree and facing a mandatory minimum incarceration level of 7 years if convicted. Client was in the car where a weapon was found but maintained his innocence. Frank LoTempio, III and the LoTempio P.C. Law Group team took the case to trial and the client was acquitted of that charge.


Brian Knauth Re-Elected as President of St. Mary's Board

On May 16, 2021, Attorney Brian Knauth was elected to a second 2 year term as President of the Board of Trustees of St. Mary’s School for the Deaf.  "St. Mary’s is a school district devoted to educating and assisting deaf students and children ranging from ages 1 or 2 up through high school graduation.  Many students have multiple disabilities beyond being deaf.  The Board oversees a budget in excess of $10,000,000.00 annually with a pre-school, elementary school, high school, and dormitories with residential students.  The School also provides all physical therapy and other therapies for its students throughout the school year and the summer months." said Knauth.


Frank LoTempio III Present at Unveiling of Statue on Bidwell Parkway

As a member of the Board of Directors of the Ashford Hollow Foundation, Frank LoTempio III was on hand at the unveiling of the new statue commemorating Janet Mock on Bidwell Parkway this week.  LoTempio P.C. Law Group recognizes the importance of honoring inspirational women in our community and are proud to support these efforts.   To learn more and read the official press release please visit our blog here. 


LoTempio P.C. Attorney Andrew Gill Secures Settlement For Motor Vehicle Accident

FA LoTempio P.C. client sustained serious injuries as a passenger in a motor vehicle accident. After negotiating with the insurance carriers, Attorney Andrew Gill was able to secure an award which was four times greater than their original offer. The client was thrilled with the result, and was happy the case was resolved without being put into suit. To contact us about a motor vehicle accident, please call (716) 855-3761 to speak with one of our personal injury attorneys.


The Team here at the LoTempio P.C. Law Group is proud to announce that two of our attorneys have been selected as America's Top 100 Attorneys.

Frank LoTempio III has been recognized as one of the America's Top 100 Criminal Attorneys. Mr. LoTempio has been representing clients in Criminal matters for more than 20 years both in New York State, as well as around the nation. His record of providing excellent representation of his clients in these matters has resulted in him being honored as being one of America's Top 100 Lawyers.

In addition, Boyd L. Earl has also been selected as one of America's Top 100 Personal Injury Attorneys. Mr. Earl has been practicing in the field of Personal Injury claims for more than 30 years, and has handled thousands of personal injury claims, and has recovered more than $25,000,000 for his clients. He has handled all types of injury claims over the years, including in Motor Vehicle Accidents, Falls, Medical Malpractice claims, Nursing Home claims, Product Liability cases, and numerous other negligence cases. Mr. Earl is licensed to practice law in New York State and New Mexico, and is admitted before the Federal Courts as well. He was also admitted to practice before the United State Supreme Court in 2008. In addition to his legal work, Mr. Earl is committed to his volunteering to help others. In addition to serving for nine years on the School Board for Saint Mary's School for the deaf, including 4 years a President of the board, he has traveled to impoverished areas of the world in order to deliver wheelchairs to those who are unable to afford to purchase one. He also served as President of the board of a Local Mental Health Treatment non-profit. He is also currently serving on the Board for the Foundation for Deaf Education, as well as an Elder and Presbytery Representative with the Presbyterian Church (U.S.A.)

We would like to congratulate Mr. LoTempio and Mr. Earl on this honor, as well as the team at the LoTempio P.C. Law Group, which is integral to the work done on behalf of our clients. If you would like to speak to any of our Attorneys about your legal needs, please contact us at (716) 855-3761.


Attorney Jennifer Runfola successfully advocated for her client to be accepted into the Judicial Diversion program. A Judicial Diversion program can allow someone charged with a felony to avoid having a felony conviction on their record and replace the felony with a misdemeanor. A felony conviction can have lifelong consequences. Our client successfully completed the Judicial Diversion program in 1 year as opposed to the 2 years most people take. Congratulations to the client for this accomplishment! At sentencing Attorney Runfola successfully argued that our client be sentenced to a conditional discharge.


Covid-19 hits Nursing Homes Hard. Know the State and Federal Regulations to Protect your Loved Ones.

This pandemic has hit the world hard, but the people and places being hit the hardest are the nursing homes and their residents. Nursing home deaths account for one in 5 Covid-19 deaths in New York State. Here in Erie county, the deaths account for one in three nursing home residents. This disease is ravaging nursing home and infecting our loved ones. Here is the recent State and Federal Regulations for Nursing Homes in New York State put forth by the Department of Health. Please review these to make sure that your loved ones are being protected and cared for in a safe environment. If you have any questions about the care of a loved one please call our offices at (716) 855-3761.


Attorney Jennifer Runfola represented a client who was charged with Aggravated Driving While Intoxicated, Common Law DWI, and Speeding. 

The matter was scheduled for a non-jury trial.  After vigorously attacking the proof the People offered Ms. Runfola was successful in obtaining the lesser included offense of Driving While Ability Impaired.  This client was facing the possibility of losing their professional license if convicted of a misdemeanor charge.  Needless to say, the client was ecstatic with the results.  If faced with criminal charges, such as a DWI, call our office at (716) 855-3761.


The Personal Injury Department represented a local woman involved in a motor vehicle accident just outside Hickory, North Carolina. 

When she completed her medical treatment, we attempted to settle the matter with the at fault trucking company but the insurance company offered minimal monies.  Then, working with counsel in North Carolina, LoTempio P.C. filed a lawsuit relating to the accident.  The trucking company filed bankruptcy.  We then proceeded against the driver of the truck.

On the eve of trial, the Court ordered the parties to mediation.  During this successful mediation, we settled the case for twice as much money as the client expected.  Suffice it to say, the client was ecstatic with our work and with the settled we achieved.


LoTempio PC Attorney Andrew Gill Successfully Appeals Buffalo Civil Service Determination, Client Added Back to Eligible List

A LoTempio PC client completed the City of Buffalo Firefighter Exam and participated in the selection process for the position.  The client was then removed from the eligible list due to an issue that arose in the background investigation, and was disqualified from consideration for the position of Firefighter.  Attorney Andrew Gill subsequently appealed the City’s determination and conducted a hearing on behalf of the client with the Division of Civil Service.  Mr. Gill won the appeal and the client was placed back on to the eligible list.  The client is now going through the hiring process.  Contact LoTempio PC for Police, Fire, and other civil service matters.


LoTempio P.C Law Group client charged with a class B Felony and facing up to 9 years in jail pleads guilty to disorderly conduct

Disorderly Conduct is a violation and not a criminal conviction. Through a diligent investigation and knowledge of search and seizure law, Complete Counsel attorney Jennifer Runfola was able to achieve this great result. She showed that our client was unlawfully searched in violation of his 4th Amendment rights. If you feel your vehicle was unlawfully pulled over or that the search of your person or vehicle was not proper please call us we can help.


Complete Counsel attorney Jennifer Runfola wins two Driving While Intoxicated (DWI) trials

In the first case, Ms. Runfola was able to show the client was not intoxicated or impaired. Through swift cross-examination she was able to point out the inconsistencies in a witnesses testimony compared to what the body cam video showed. In the second case, Ms. Runfola successfully challenged the evidence submitted to show operation of the vehicle. Because of her excellent trial skills and knowledge of DWI law these results occurred.


Andrew Gill makes Speedy Trial Motion, DWI Dismissed

A LoTempio PC client was charged with DWI and multiple Vehicle and Traffic violations.  After rejecting a plea to a violation, Attorney Andrew Gill made a motion to have all charges dismissed.  Andrew was able to successfully argue that our client’s speedy trial rights were violated and the Judge granted the motion, resulting in dismissal of all charges.  Contact LoTempio P.C.’s team of experienced attorneys if charged with DWI.


Jack Sanchez helps client get awarded two years of service credit towards his pension

This client was in the process of weighing his retirement options and planning for that day. The client discovered he was not credited for over two years of service for a position he had over 30 years ago. He tried to make his case to the State and Local Retirement System but was denied after their review. The documents they said he needed were no longer available because the employer no longer had them. In disbelief that they were denying him service credit he came to LoTempio P.C. Law Group. Complete Counsel attorney Jack M. Sanchez handled this case. Through Mr. Sanchez’s investigation and examination of witnesses at the hearing the Hearing Officer awarded the client retroactive membership and the two years of service credit.


With lawsuit pending, insurance company offers $400,000.00 following fall at construction site

Our client, a 29-year-old, single father of two children, was seriously injured when he suffered a fall at a construction site.  His employer, who was contractually responsible for the work, failed to provide a safe means for our client to climb down from the rafters of the building.  He fell approximately 10 feet, landing on his back.

Although our client sought immediate medical treatment, numerous months passed before the Doctors diagnosed a compression fracture and herniation.

As a result of the fall, our client ultimately had surgery on his low back.  He remained out of work following the surgery, and continued to treat with pain management.

Although he ultimately had a pretty good recovery, he still suffered significant pain and suffering, lost time from work, and changes in his lifestyle and deserved to be fairly compensated for how the incident impacted his life and his ability to care for his children.

During initial conversations with the insurance company for the employer, the insurance company disputed our client’s version of the facts surrounding the fall.   The insurance company claimed that our client’s fellow employees would tell a different story, and that actually our client was at fault for the incident.

When faced with pending litigation, and after receiving medical evidence of the treatment and surgery, and proof of time missed from work, the insurance company agreed to engage in settlement negotiations.  After a number of conversations, including a few late Friday afternoon discussions, the insurance company greatly increased its initial offer to a final offer in the amount of $400,000.00.  Our client agreed to accept the offer to bring an end to the incident and its aftermath, and to now have the opportunity to move forward with his life and caring for his children.  He knew that continuing with a lawsuit would cause the matter to drag for years without likely increasing the final amount of any recovery.

Simply, our client was ecstatic with the $400,000.00 settlement.

The client highly recommends the LoTempio P.C. Law Group for personal injury cases.


BOARD APPOINTMENT AND ELECTED AS CHAIRPERSON OF THE BOARD

Starting July 1, 2019, Brian D. Knauth, Esq., one of our personal injury attorneys, will serve as Chairperson of the Board of Trustees for St. Mary’s School for the Deaf in Buffalo, New York.

St. Mary’s School for the Deaf is a private, state-supported school that serves deaf and hard of hearing children from infancy through age 21.  The School has been the primary source of quality education utilizing the full spectrum of communication modes since 1853.

St. Mary’s School for the Deaf is committed to providing equitable access to exemplary programs that prepare deaf students to be self-directed, life-long learners, who are productive members of society.  The School’s programs and services, include Deaf Infant screening and parent program, elementary and secondary education including in-house therapies, residential facilities, parent education, and athletics.


Complete Attention Gets Acquittal on Driving While Intoxicated Charge

LoTempio PC Law Group client acquitted on a Driving While Intoxicated charge. Attorney Jennifer Runfola successfully defended this case through trial. The client was also acquitted of speeding, failing to keep right, driving on the shoulder, and refusal to take a breath test. The most important thing you can do when you have been charged with a crime is hire an experienced lawyer to represent you. At LoTempio PC Law Group we have a team of experienced and aggressive criminal defense attorneys.


Complete Counsel Successfully Settles Discrimination Case Under the New York State Paid Family Leave Act

Lotempio PC Law Group attorney Noralyn A. Dillon successfully settled a discrimination case under the New York State Paid Family Leave Act.
These types of cases are heard by the Worker’s Compensation Board. This was one of the first cases heard at the Buffalo Office and was brought by a new father. Your employer is prohibited from discriminating or retaliating against you for requesting or taking Paid Family Leave. If you request or take Paid Family Leave, discrimination or retaliation can include your employer: not returning you to your same or a comparable job, terminating your employment, reducing your pay or benefits, or disciplining you in any way. Please contact us if you feel you have been the subject of discrimination or retaliation. Bonding with a newly born, adopted or fostered child is your right. Caring for a family member with a serious health condition is your right. Assisting loved ones when a spouse, domestic partner, child or parent is deployed abroad on active military service is your right.


Complete Resolution In This Hit and Run Case Handled by LoTempio PC Law Group

Recently, an engaged couple were struck head-on by a speeding vehicle. The other driver fled the scene of the accident. The couple, both injured in the accident retained the PI attorneys at LoTempio P.C. Law Group.

Our attorneys immediately investigated the accident and worked with the Buffalo Police Department to find and identify the driver and owner of the other vehicle. After learning that the other vehicle was not insured, our attorneys initiated an uninsured motorist claim against our clients’ insurance company.

Following the driver’s shoulder surgery, we settled her claim for the full amount of available uninsured motorist coverage. The passenger was not as seriously injured, and we settled his claim for a substantial portion of the available coverage.

Fortunately, for our clients, after tracking down the other vehicle and finding out that there was not any insurance, our attorneys found a way for this couple to be fairly and justly compensated for their injuries.

To contact us about a motor vehicle accident, please call 716-855-3761 to speak personally with one of our personal injury attorneys or access our website at www.lotempiopc.com


17-year-old left scarred gets justice with the help of LoTempio PC Law Group

Our PI Department recently settled a case for a 17- year-old male passenger injured in a motor vehicle accident. The driver of a tractor trailer and the driver of our client’s vehicle both claimed to have the green light at the time of the intersection accident. Our client suffered permanent injury and scarring to his chin.

The police report blamed the driver of the passenger’s car. Rather than relying solely on that report, our attorneys immediately hired an investigator to interview witnesses to the accident. Significantly, the witnesses mainly blamed the truck driver.

Armed with the results of the investigation and photographs of the facial scarring, our attorneys negotiated with each insurance company individually. Prior to filing suit, the case settled for a combined offer of $50,000.00 with a 60-40 split on fault for the accident.

To contact us about a motor vehicle accident, please call 716-855-3761 to speak personally with one of our personal injury attorneys or access our website at www.lotempiopc.com.


New York Passes Child Victims Act

On January 28, 2019, the New York State Legislature almost unanimously approved the Child Victims Act. Governor Cuomo signed this legislation into law on February 14, 2019. The new law will greatly expand the time period in which potential victims of abuse have to bring a civil lawsuit and/or seek criminal prosecution.

Significantly, and likely the part that is most controversial, the new law creates a one-year “look-back window” to allow victims of any age with claims that were prohibited under the former child sexual abuse statute of limitations in New York an opportunity to file a new lawsuit. This one-year period will begin on August 15, 2019. Under this important provision of the new law, victims of child sexual abuse that occurred in New York will have the opportunity to bring a lawsuit against numerous institutions, including the Catholic Church, Jewish Community, Jehovah’s Witnesses, public and private schools, Boy scouts, and other youth serving organizations.

The law also provides that a person will have until the age of 55 to bring an abuse claim. The age 55 is not a limit on revived claims filed during the one-year “look-back window”. LoTempio P.C. Law Group has represented individuals bringing claims against the Catholic Church. The firm now represents individuals who are planning to bring lawsuits during this one-year “look-back window”.


Settlement money piles up in State snow plow case

In a recent case against the New York State Parks Department, our attorneys were able to obtain a settlement of $150,000 as a result of the injuries sustained in a rear end motor vehicle accident. Our client was rear ended on a snowy day by a New York State plow operator. The State of New York disputed liability, alleging that the snowy conditions constituted an unexpected emergency situation, and that the driver should only be held liable if found to have reckless in the operation of the vehicle. Our attorneys were able to win the motion regarding the appropriate standard of negligence, and after the liability trial was completed in the New York State Court of Claims, a reasonable settlement was obtained for our client.


Speedy dismissal in accident case argued with complete counsel

Leaving the Scene of an Accident. Attorney Jennifer Runfola successfully argued that our client’s speedy trial rights were violated. The impact of this result was not only a dismissal of this charge. The client was participating in the Judicial Diversion Program related to another matter. Any criminal conviction would have prevented the client from staying in the Judicial Diversion Program. We are pleased to report the client completed the Judicial Diversion Program and was able to avoid having a felony conviction. Contact Complete Counsel if you have questions on speedy trial rights, judicial diversion, and the impact a felony conviction can have on your future.


Criminal conviction reduced in controlled substance case, resulting in a clean record for client

Complete Counsel client charged with Felony Criminal Possession of a Controlled Substance receives plea to Disorderly Conduct. After rejecting a plea to a misdemeanor, Attorney Jennifer Runfola successfully negotiated this plea to a violation. A violation is not a criminal conviction. To understand the importance of not having a criminal conviction on your record, contact the attorneys at Complete Counsel.


WGRZ 2 ON YOUR SIDE CALLS ON EXPERT LEGAL ANALYSIS FROM LOTEMPIO P.C. IN THE ARREST OF A BILLS’ FAN

Evidence from an Erie County Sherriff’s body cam ignited a firestorm of a debate over questions concerning the legality of an arrest at a Buffalo Bills tailgate party. For a complete analysis of the video and legal opinions on what unfolded local news outlet, WGRZ, called in Frank LoTempio, III. While Mr. LoTempio has no connection to the case, he was able to offer valuable insights into what unfolded during the recording, indicating that key evidence for the case may yet need to be uncovered.  The arrest of a 26-year-old University at Buffalo student is currently under investigation by District Attorney John Flynn. Flynn is attempting to determine if a local deputy made false statements in his report about the incident. Click here for the complete video analysis provided by Frank LoTempio, III.


LoTempio P.C. takes a Potentially Rabid Fox Attack Case with New York State To Trial

56 year-old client was attacked by a potentially rabid fox in a New York State park. We sued New York State claiming that the Park Managers were told about a prior fox attack earlier that day, and failed to warn persons in the Park, call Park Police, or take steps to find the fox. The Judge granted our motion for judgement against the State, and ruled that the State failed to warn and protect our client. The State appealed. After hearing the appeal, the 5 Judges unanimously agreed with the Judge’s Decision. The Judges determined that the State was acting as a private landowner, and should have warned persons about the fox and called the Park Police for assistance. The case will now go to trial solely to determine the amount of monetary damages.

Thorough Investigation Results in Acquittal for Harassment Case

Complete Counsel’s client acquitted of Harassment. A dispute amongst neighbors resulted in our client being charged and an Order of Protection put in place. After a thorough investigation by Complete Counsel Attorney Jack Sanchez it became apparent the facts alleged did not add up. The case proceeded to trial and Mr. Sanchez was able to show the bias of the witnesses and their motivation for filing baseless charges. Our client was acquitted and the Order of Protection was vacated.


Strong Defense Gains Acquittal for Driving While Intoxicated Case Charge

Complete Counsel attorney Jack M. Sanchez wins an acquittal for a client charged with Driving While Intoxicated in a local town court. Throughout the case our client was offered a plea to Driving While Ability Impaired. Mr. Sanchez challenged the stop of the client’s vehicle and conducted a pre-trial hearing where the Judge ruled against our client. Mr. Sanchez then proceeded to trial and his client was found not guilty. This outcome for the client is a result of LoTempio P.C.’s aggressive defense and experience representing those accused of Driving While Intoxicated.


Insurance Coverage Obtained After T-Boned Vehicle Collision

While driving in the City of Buffalo, our client was t-boned by a vehicle who ran the red light. As a result of the accident, our client had knee surgery, and injured her shoulder. She tried to return to work but was unable to continue working. When the insurance company refused to settle, LoTempio P.C. Law Group filed a lawsuit and proceeded through discovery. On the eve of a settlement conference with the Court, our attorneys obtained the full amount of the defendant’s insurance coverage. There were not any personal assets or additional monies available.

To fully protect yourself and your family in the event of a motor vehicle accident, you should ask your insurance agent about supplementary underinsured coverage (SUM). This is not expensive coverage and allows you to obtain additional monies after the other driver’s insurance company has offered the full policy.


Slip and Fall Case Results in Substantial Settlement

After celebrating her birthday at a local casino, our client returned to her apartment and slipped on ice build-up in the parking lot. She fell and landed on her shoulder suffering a serious injury. Despite surgery on the shoulder, she could not return to work. LoTempio Law Group investigated the incident, obtained her medical records, and counseled her throughout. We helped her obtain social security disability and get all of her medical bills paid. At a recent settlement conference with the insurance company for the property owner, our attorneys negotiated a substantial settlement for our client’s disability, and pain and suffering. Without further financial worries, our client can now focus on spending time with and caring for her 2 grandchildren.


LoTempio P.C. Personal Injury Team Receives a Significant Settlement for Injured Motorcyclist

Recently our Personal Injury Team was able to resolve a significant case on behalf of a motorcycle operator, who was struck by an automobile which had negligently attempted to make a U-turn on a local road. As a result of the collision, our client suffered significant injuries requiring numerous surgeries. After litigating the case against the insurance carrier, our Team was able to work out, through mediation of the case, a settlement in excess of $1.000.000.

Our firm believes in a team approach for the handling of personal injury cases, in order to ensure that our clients get the best representation possible.  You can be assured that, when you retain the LoTempio P.C. Law Group, we will not rest until we are able to obtain a satisfactory result for your claim.


LoTempio P.C. successfully argued that our client was permanently and totally disabled as a result of his work-related accident.

Against the insurance carrier’s arguments that our client could return to the work force, LoTempio P.C. successfully argued that our client was permanently and totally disabled as a result of his work-related accident that occurred 6 years ago. This ensures he will receive the maximum amount in monetary benefits as a result of him being unable to return to gainful employment.


LoTempio P.C. Attorneys work out a Settlement for Nursing Home Patient

More reason you should keep an eye on your loved ones in Assisted Living

Our attorneys were recently able to resolve a serious claim against a local Nursing Home which failed to adequately care for a patient with dementia. Due to the failure to provide appropriate and timely care, it was claimed that the client ultimately died due to infection. After the case was placed into suit, our attorneys were able to work out a significant settlement payment to the estate of our client. Given the aging population in the United States, and particularly in the Western New York community, the number of claims of malpractice and negligence at Nursing Homes is increasing significantly over the past few years. If a loved one needs to receive care from a Nursing Home of other Assisted Living community, it is important to monitor the treatment being received. While most such facilities attempt to provide appropriate care, failure of some facilities to provide appropriate training, support and oversight results in a significant likelihood that patients may ultimately suffer an injury or illness. Having a family member or friend visit the facility on a regular, but unannounced basis, helps to insure that no major problems go unaddressed.

For more information about Nursing Home facilities, or to register a complaint, you can go to the NYS Department of Health Website. https://www.health.ny.gov/facilities/nursing/


LoTempio PC Attorneys Win a 1.2 Million Dollar Settlement for Injured Motorcyclist

Our personal injury attorneys recently settled a motorcycle accident case for $1,250,000.00 for a 62 year-old client. The accident occurred when the other vehicle made a U-turn in front of our client, and he could not avoid the accident. He suffered serious injuries to his right leg which required multiple surgeries. Although previously disabled, the accident and the permanent injuries severely impacted our client’s enjoyment of life and his daily activities. Despite claiming that the motorcyclist was at fault, the defendants and their insurance companies agreed to settle the case rather than proceed to trial.


LoTempio PC Attorney Andrew Gill Has Harassment Charges Dismissed For Client

After rejecting all pleas, LoTempio PC attorney Andrew Gill filed a motion to have a harassment charge dismissed before trial in a local justice court. The judge agreed, granted the motion, and dismissed the charge. The result allowed the client to avoid a sentence of jail time and/or a fine, if convicted of the charge.


LoTempio PC Attorney Brian Knauth Receives Unanimous Agreement To Move Forward With Damages Case Against The State Of New York

LoTempio P.C. Law Group personal injury attorney Brian Knauth successfully argued an appeal against the State of New York. The trial judge had granted our client’s motion, holding the State responsible for the client’s injuries. The Appellate Court unanimously agreed and affirmed. There will now be a trial just on damages.


LoTempio PC Attorney Jack Sanchez Helps To Relieve Client Of Criminal Conviction

LoTempio PC attorney Jack Sanchez recently had a client’s conviction for Driving While Intoxicated vacated. This allowed the client to enter into a plea to Driving While Ability Impaired. Because of this result the client will not have a criminal conviction which is important for future employment. This result also allowed the client to remove the interlock ignition device and the 6 month license revocation will be lowered to a 90 day suspension.


Complete Counsel Attorney, Jack M. Sanchez, recently had a client’s case dismissed who was charged with Criminal Solicitation of Murder

After rejecting all plea offers, Mr. Sanchez filed a motion to dismiss the matter arguing that the internet posts by the Defendant were being taken way out of context and in no way constituted criminal conduct. The Court agreed and dismissed the charges. LoTempio P.C Law group once again defends a client against baseless charges and protects the client’s 1st Amendment Rights.


Complete Counsel Attorney, Jack M. Sanchez, recently had an Aggravated DWI charged dismissed

Mr. Sanchez vigorously fought to have the prosecution turn over tape recordings that were needed for the client’s defense. He successfully obtained the tape recordings and then filed a motion and argued that the delay was a violation of the client’s right to a speedy trial. The court dismissed the charges because the Defendant’s speedy trial rights were violated.


Changes have been made to the BAEC/BNAR Contract of Sale effective March 15, 2018

Specifically, the Property Inspection Notice and Addendum was amended to allow for Seller’s Concessions to be adjusted and to provide for purchase price adjustments. In addition, a new form was created called a VINA, the Vacant Land Investigation Notice and Addendum, which addresses inspection issues for purchases of vacant land.


LoTempio PC Law Group gets Professor his job back and full back pay

The SUNY system terminated a professor based on false sexual harassment claims. After a ten day arbitration Frank LoTempio III secured an award saying the claims by SUNY and complainant were baseless. The Arbitrator awarded the Professor his position back with full back pay.


LoTempio P.C. secures settlement for Motor Vehicle Accident

The attorneys at LoTempio P.C. Law Group secured an award of $275,000.00 for a client who sustained serious injuries in a motor vehicle accident. The client was involved in a rear-end accident on her way home from work. She sustained injuries to her neck, back and left shoulder as a result of the accident, which prevented her from returning to work as a seamstress.


LoTempio P.C. secures deal regarding Felony Drug Charges

Prior to a suppression hearing challenging the stop and search of a motor vehicle on a drug charge that originally started as a Felony the LoTempio PC team secured a plea to a disorderly conduct, a violation under the penal law, and time served.


Frank LoTempio, III Featured on Channel 2 LeSean McCoy Segment

Frank LoTempio, III appeared on Channel 2 WGRZ on a legal analysis segment focused on the investigation into Buffalo Bills running back LeSean McCoy. He pointed out that though there has been no arrest yet, there are reports of serious physical injuries inflicted in the incident, which could lead to a felony assault charge. He also points out that physical altercations in which alcohol is involved are typically difficult cases to prove from the prosecution side.

LoTempio P.C. Successfully Defends Client in DWI Case

The firm represented an individual charged with DWI and failure to keep right arising from a motorcycle accident. The client failed a field sobriety test and refused to give a blood sample. The firm rejected the offer from the D.A.'s office and took the case to trial. The client was found not guilty of both DWI and failure to keep right.

Frank LoTempio, III Elected To Goodwill Board of Directors

Frank LoTempio, III is currently featured in Business First's People on the Move following his recent election to the Goodwill of Western New York Board of Directors. Mr. LoTempio welcomes the opportunity to serve his local community and give back to its people.

Frank LoTempio Joins Goodwill Board of Trustees

Frank LoTempio III has been elected to the Goodwill Board of Trustees. Goodwill Industries of Western New York provides a vital service to the region, and Mr. LoTempio is proud and to be involved with them, and excited by the organization's future.

Frank LoTempio III Says Kane Investigation Has Been a Comprehensive One

Patrick Kane may not have criminal charges placed on him after he was accused of raping a woman.

Frank LoTempio III verifies that the investigation has been comprehensive and dutiful, saying, "I have cases with that unit, and I haven't been able to get responses because they've been really working very, very hard on this case."

Allegedly, District Attorney Frank Sedita is now considering an affidavit from the woman who accused Kane of raping her, declining prosecution.

The Buffalo News reports that the woman is facing stress placed on her and her family.


Frank LoTempio, III Guests on WNY at Work

Frank LoTempio, III appeared on ESPN Radio's WNY at Work from Ralph Wilson Stadium in Buffalo for the show's monthly Legal Matters segment.

He talked Buffalo Bills opening day, holding season tickets since the 1990s, Buffalo's opponents for the first game of the season, the Indianapolis Colts and more.

To listen to Mr. LoTempio's latest appearance on WNY at Work, you can head to their website.


Putting for PKD Golf Tournament

LoTempio P.C. Law Group was proud to support and participate in the Putting for PKD Golf Tournament this past weekend. Despite the rain and wind, there was a great turnout. Over $20,000 was raised to increase awareness of, and to assist families affected by Polycystic Kidney Disease.


Rumors Swirl Around Kane Investigation as Frank LoTempio, III Offers Valuable Insight

As this story develops, it is becoming more difficult to discern reality from rumor. What we know for sure is that there has been a rape investigation into Chicago Blackhawks star Patrick Kane. Complete Counsel Attorney Frank LoTempio, III has offered some clarity with several appearances on Channel 2 News. Mr. LoTempio continues to provide valuable, insightful information to the situation, while allegations and rumors run rampant.

To see Mr. LoTempio's latest appearance on Channel 2 News, you can head to their website.

Frank LoTempio, III Continues to Provide Complete Counsel on Channel 2

As new information continues to become available in the rape accusation of Patrick Kane, and as the Hamburg Police Department awaits forensic testing results, Frank LoTempio, III continues to provide insight into how the process may play out.

Mr. LoTempio explained there are two different routes through which this case can enter the criminal justice system. Hamburg PD can file a felony complaint in Hamburg, have Kane appear in court for arraignment and then proceed to a grand jury. The Erie County District Attorney can also present the case to a grand jury directly to determine if there's probable cause for issue charges.

Mr. LoTempio also went on to explain why we have yet to hear from Kane himself. Mr. LoTempio has experience in high profile criminal cases such as this, and always advises his clients to say as little as possible. Anything a client says can be used against them. In criminal defense cases, you want as few surprises as possible as you build your defense.

You can view the whole story and see Mr. LoTempio's appearance on Channel 2, at their website.


Update on Kane Investigation

Complete Counsel team member and experienced Buffalo, NY, criminal defense attorney Frank LoTempio, III continued to provide expert legal analysis on the Patrick Kane investigation on Channel 2 News.

Mr. LoTempio explained there are two different routes through which this case can enter the criminal justice system. Hamburg PD can file a felony complaint in Hamburg, have Kane appear in court for arraignment and then proceed to a grand jury. The Erie County District Attorney can also present the case to a grand jury directly to determine if there's probable cause to issue charges. In this process, 23 people are presented with evidence as they determine whether or not there is probable cause for formal charges.

Check back to the Complete Counsel website and be sure to follow LoTempio P.C. Law Group on Facebook for all the latest developments and legal expertise regarding the ongoing investigation of Patrick Kane.

To view Mr. LoTempio's appearance on Channel 2, head to their website.


Frank LoTempio, III Weighs in on Patrick Kane Investigation

Complete Counsel attorney Frank LoTempio, III recently provided some insight into the rape investigation centered around Chicago Blackhawks star forward, and Buffalo native, Patrick Kane. Mr. LoTempio appeared on Channel 2 News to help shed some light on next steps and what lies ahead in this investigation, including the possibility of the District Attorney charging the case. Mr. LoTempio has experience representing high profile professional athletes and was able to provide some perspective as to how these delicate, high-profile cases are handled.

Watch the entire Channel 2 segment featuring Frank LoTempio, III.


LoTempio P.C. Wins Gallivan Golf Tourney

Some of the members of the Complete Counsel team at LoTempio P.C. Law Group partook in the annual Senator Patrick Gallivan Golf Tournament in Lancaster. LoTempio P.C. was a proud sponsor and humble winner of the tournament which was held at the East Aurora Country Club on July, 28.

LoTempio P.C. attorneys maintain strong relationships with the Western New York community and look forward to sponsoring more worthwhile events such as this in the future.

LoTempio Has Client's Conviction Overturned

In an effort to have his client's attempted murder conviction overturned, Frank LoTempio, III called his client's former attorney, Angelo Musitano, to testify. Musitano testified on behalf of Joachim S. Sylvester, who faces up to 40 years in prison on his conviction for attempting to shoot Larry Miller in Niagara Falls in April 2014.

Mr. LoTempio is attempting to show that there is new evidence in the case that could have changed the verdict. This is evidence that the defense could not have produced during the trial despite its own "due diligence" and why Musitano was called to testify.

For the entire story on how Complete Counsel attorney Frank LoTempio, III attempted to overturn his client's conviction, visit the Buffalo News website.


LoTempio Wins Suppression Hearing in Niagara County Court

Complete Counsel attorney Frank LoTempio, III, is a committed advocate for each one of his clients. He once again proved his comprehensive command of the court system by winning a suppression hearing in Niagara County Court. His client had been charged with two counts of criminal possession of a weapon (two handguns). Mr. LoTempio argued that the court suppress all evidence against his client due to the fact that the stop and search of the motor vehicle occurred without probable cause. This is only one example of how the Complete Counsel team of attorneys at LoTempio P.C. Law Group is able to defend your rights when faced with criminal charges.

LoTempio P.C. Sponsors Niagara Catholic Golf Tournament

Members of the Complete Counsel team at LoTempio P.C. Law Group were thrilled to play in the Niagara Catholic Marty Violante Memorial Golf Classic on July 20, 2015, at Niagara Frontier Country Club in Youngstown, NY. The annual event was held in honor of our former colleague Marty Violante. We were even prouder to have been one of the several sponsors of the event. The tournament was a tremendous success as it raised money for the Niagara Catholic Jr./Sr. High School, a college preparatory school built on the foundations of St. Mary's, Madonna and Bishop Duffy High Schools. This is one of the many events LoTempio P.C. Law Group participates in as active, contributing members of the Western New York community.


Thorough Investigation Results in Acquittal for Harassment Case

Complete Counsel’s client acquitted of Harassment. A dispute amongst neighbors resulted in our client being charged and an Order of Protection put in place. After a thorough investigation by Complete Counsel Attorney Jack Sanchez it became apparent the facts alleged did not add up. The case proceeded to trial and Mr. Sanchez was able to show the bias of the witnesses and their motivation for filing baseless charges. Our client was acquitted and the Order of Protection was vacated.

New Evidence Comes to Light in Sylvester Case

Frank LoTempio, III was interviewed by the Buffalo News regarding new evidence and alleged juror misconduct in the case of Joachim S. Sylvester, who was convicted on Oct. 27 of second-degree murder and second-degree criminal possession of a weapon.

New evidence was obtained April 28 from the shooting target, Larry Miller who said in an affidavit and videotaped interview that Mr. Sylvester was not his attacker. Mr. LoTempio also cited Mr. Sylvester's testimony that one of the alternate jurors talked to friends and family about the case while the trial was going on.

A hearing will be held on July 30 where Mr. LoTempio will continue to provide Complete Counsel for Mr. Sylvester.

You can read the entire story on the Buffalo News website.


LoTempio P.C. Law Group Hired in Molly's Pub Lawsuit

The Complete Counsel team of attorneys at LoTempio P.C. Law Group has been hired by Donald Hall. Mr. Hall was a friend of William Sager, the man who was fatally pushed down a flight of stairs at Molly's Pub.

LoTempio P.C. Law Group will represent Mr. Hall in his lawsuit against the City of Buffalo, the Buffalo Police Department, Robert Eloff, Michael Beavers, NHJB, Inc., Norman Habib and John Bradley.

As the Complete Counsel team, LoTempio P.C. Law Group has extensive experience handling lawsuits involving potential civil rights violations, which is what Mr. Hall's suit centers around. Mr. Hall was handcuffed by officer Robert Eloff and placed on the ground next to his dying friend.

You can read more information regarding Mr. Hall's lawsuit at WIVB Channel 4.


Mayor Brown Declares April National Organ Donor Awareness Month

On April 15, 2015, Mayor Byron W. Brown recognized the efforts of the Transplant Miracles Foundation by issuing a proclamation declaring April as "National Organ Donor Awareness Month" in the city of Buffalo.

"I'm pleased to join the Transplant Miracles Foundation in helping to raise awareness about the importance of organ donation during National Organ Donor Awareness Month in April," said Mayor Brown.

LoTempio P.C. Law Group attorney Michael Kooshoian was in attendance at the Mayor's press conference. In addition to being an esteemed member of the Complete Counsel team, Mr. Kooshoian is a member of the Board of Directors of the Transplant Miracles Foundation and is thrilled to generate continued awareness of organ donation, as statistics have shown that one organ donor can save up to eight lives.

Visit the website for more information on the Transplant Miracles Foundation. If you're interested in becoming an organ donor, you can visit UNYTS and register.


Frank LoTempio, III Provides Complete Counsel on Basil Decision

Frank LoTempio, III was interviewed by Channel 7 WKBW Buffalo regarding the vacated conviction of Jeffrey Basil.

Juror 12 withheld information during jury selection, including her past military experience and arrest record. This led to Supreme Court Justice Penny Wolfgang vacating the conviction of Basil. The juror will not face charges and Mr. LoTempio believes the Judge's decision has quashed any potential damage to the jury system.

Always providing Complete Counsel, Mr. LoTempio weighed in on Judge Wolfgang's decision as well as the process of jury selection, saying, "You are never going to get a full and honest jury for that simple fact that there are human beings involved."

You can read the entire story, learn the future implications of the decision has and watch Mr. LoTempio's full explanation at WKBW's website.


Talk Sports and Law with Frank LoTempio, III

Tune in to ESPN 1520 AM at 10:00 AM one Sunday a month for business, law and sports insights with Frank LoTempio, III. Mr. LoTempio's morning show, which has been on the air for about six months now, weighs in on recent sports events, as well as areas of the law and sport-related legal issues. Mr. LoTempio often has a fellow attorney accompany him on the air to discuss the area of law in which he or she practices. Listeners have expressed their fondness for the show and some have even sought legal counsel from LoTempio P.C. Law Group.

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