Legal Assistance for Environmental Disaster Recovery: Filing Claims with the Office of the NYC Comptroller(OnDemand)

Originally held on Tuesday, March 15, 2022 | 12:00 pm – 1:30 pm

• Description
• Faculty
• Agenda
• CLE Credit
• Sponsors

• Between climate change and New York City’s aging infrastructure, disasters pose an increasing threat to New York City residents — particularly members of low-income environmental justice communities, many of whom lack the resources to pursue meaningful recovery. Members of the legal profession can play an important role in advancing New York City’s resiliency, by supporting fellow New Yorkers so they receive fair compensation for their disaster-related damages. This continuing legal education program will familiarize attorneys with how to represent clients who are filing water damage claims with the Office of the New York City Comptroller. Drawing on their experiences representing clients whose homes flooded with raw sewage after a municipal sewer pipe collapsed, lawyers from the South Ozone Park Sewage Legal Assistance Project will provide an overview of the City’s claims process and give practice tips for navigating each step.

  
  Program Fee:
  Free For Members | $50 For Nonmembers

• Hayley Gorenbeg
  Legal Director, New York Lawyers for the Public Interest

  Jenna Newmark
  Associate, Dechert LLP
  
  Vivian Prieto
  Associate, Stroock & Stroock & Lavan

• 12-12:15pm
  Introductions & Program Overview

  Summary of New York City claims process, overview of importance of pro bono representation in the claims process
  
  Hayley Gorenberg

   

  12:15-12:25pm
  Filing a Notice of Claim

  Attorneys will learn how to file a notice of claim for water damage, including calculating pertinent deadlines.

  Vivian Prieto

  12:25-12:35pm
  Presenting Evidence

  Attorneys will learn how to present the best evidence on behalf of their clients, including photographs, receipts, and estimates from licensed contractors.

  Vivian Prieto

   

  12:35-12:50pm
  Representing Clients During 50 (h) Hearings and Amending Claims

  Attorneys will learn how to best represent clients during 50(h) hearings, which are essentially depositions conducted by attorneys contracted by the Office of the Comptroller. Attorneys will also learn ways of amending claims and how to request a client’s claim file and 50(h) hearing transcript.
  Jenna Newmark

   

  12:50-1:05pm
  Negotiating Settlements

  Attorneys will see an example of an offer letter and learn how to ask for an extension for their clients to consider and to review the offers. Presenters will note NYC Administrative Code 7-203 which states the Comptroller is “governed by the rules of law and principles of equity which prevail in courts of justice” when settling claims. Attendees will also learn what to expect at the negotiation stage, including the extent to which Comptroller staff share methodologies for calculating offers.

  Hayley Gorenberg

   

  1:05-1:25pm
  Motion Practice and Filing Complaints

  Attorneys will learn how to file a late notice of claim (through a 50 (e) motion) as well as how to commence a court action in the event a just settlement with the Office of the Comptroller cannot be reached. As part of this overview, attorneys will learn how to calculate the statute of limitations.

  Jenna Newmark

   

  1:25 – 1:30
  Question and Answer Session

  Panel

• New York: 1.5 Skills
  New Jersey: 1.8 General
  California: 1.5 General
  Pennsylvania: 1.5 General
  Connecticut: Available to Licensed Attorneys

• Sponsoring Association Committee:
  Environmental Law, Bethany Davis Noll & L. Margaret Barry, Chairs
  Pro Bono & Legal Services,  Jessica M. Klein & Nicole L. Fidler, Chairs

  Sponsorship Opportunities are Available! Please Contact:
  Senior Director, Membership & Customer Relations | (212) 382-6685 | abein@nycbar.org