Cases

Verna v. Pacheco (SDNY) (2019)

Obtained $150,000 settlement in federal civil rights suit for SORA level 3 sex offender, based upon violation of his family association rights relating to parole officer forbidding contact with his children.

Estate of P.A. (Rockland Co. Surrogate’s Court) (2019)

Successfully petitioned to remove the Executor of the estate and have his client appointed Administrator C.T.A.  Later, initiated a SCPA 2103 discovery proceeding, wherein he identified assets mishandled by the prior fiduciary and obtained a decree/judgment in total over $100,000 to include pre-judgment interest, plus an order that Respondent reimburse over $20,000 in attorney’s fees.

Estate of S.K. (Rockland Co. Surrogate’s Court) (2019)

Obtained settlement from a co-fiduciary in amount of almost $200,000, relating to a SCPA 2103 discovery proceeding dealing with complicated survivorship issues of joint bank accounts and investments.

Estate of J.K. (Rockland Co. Surrogate’s Court) (2018)

In a SCPA 2103 proceeding against a previous executor of the estate, obtained a decree/judgment in amount of $120,000, to include a surcharge of approximately $6,000 in attorney’s fees.

Schiller v. Town of Ramapo (SDNY) (2016)

Obtained settlement in excess of $130,000 for client in complicated contractor civil rights lawsuit against the Town of Ramapo.

People v. T.T. (2015)

Client hired to teach in a New Jersey school district.  Terminated because background check revealed misdemeanor drug conviction from ten years ago.  School district would not accept a certificate of relief from disabilities.  Successfully petitioned Court to vacate the conviction and dismiss the charges, and coordinated client’s re-hiring by the school district.

People v. E.V. - Final Revocation of Parole Hearing (2015)

SORA level 3 Client arrested and charged with violating seven conditions of his post-release supervision; litigated the violations and won, client's warrant vacated, immediately released from jail.

Johnston v. Town of Orangetown, et al., 526 Fed.Appx. 39 (2d Cir., 2014)

Plaintiff filed a federal complaint alleging numerous violations of civil rights relating to his employment by the Town.  Mr. Pakola represented the Town, successfully moving for summary judgment.  Plaintiff appealed, and Mr. Pakola briefed and argued the matter, obtaining a ruling from the Court of Appeals affirming the dismissal.

People v. S.W. (Rockland County Court, 2014)

Felony DWI, where the defendant was required to submit to ethyl glucuronide (EtG) testing.  After several positive tests, the Court initiated a proceeding to terminate the defendant from Drug Court and sentence her to jail.  Mr. Pakola retained one of the scientists that developed the EtG test and presented evidence to the Court relating to issues with the defendant’s EtG readings.  The Court was receptive to the expert's opinion and ended up not proceeding with the termination hearing.  Defendant was allowed to graduate Drug Court, receiving a misdemeanor rather than a felony.

In the Matter of I.E. (DMV Refusal Hearing) (2011)

Client's driver's license revoked by hearing officer at DMV Refusal Hearing.  Obtained a stay of revocation so client could continue to drive pending appeal.  Appealed hearing officer’s revocation, and won appeal.  Client's license unaffected by his refusal to take the breathalyzer test.

People v. Goldstein, 73 AD3d 946 (2d Dep’t, 2010)

Motion led to dismissal of indictment.  Appellate Division upheld trial court's dismissal, based upon failure of prosecution to advise the grand jury on exculpatory evidence. Influential decision relating to prosecutorial obligations during a grand jury hearing.

People v. Gilmer Martinez-Mazariegos (Rockland County Court, 2010)

Client indicted on two counts of First Degree Rape.  Two week trial, which despite damaging admissions to police as well as medical evidence, resulted in deadlocked jury.  Successfully negotiated resolution where client pled to Endangering the Welfare of a Child, a non-SORA registerable offense.

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