White Plains 2019

Celebrating White Plains ADVERTORIAL RE SOURCE GUIDE

FAIRFIELD COUNTY BUSINESS JOURNAL | WESTCHESTER COUNTY BUSINESS JOURNAL | OCTOBER 28, 2019

EMPLOYEE-OWNED CHAZEN COMPANIES PROVIDES HIGH-LEVEL SERVICE THE CHAZEN COMPANIES is a 70-plus-year-old, employee-owned multidisciplinary firm providing civil engineering, land surveying, landscape architecture, planning, code review, grantsmanship and related services to clients throughout the greater Hudson Valley, as well as Tennessee and Oregon.

In 2017, Chazen acquired Adler Consulting, adding transportation planning and engineering to the firm’s service portfolio. Chazen has since expanded its White Plains office to provide a local presence to clients in Westchester and surrounding counties.

Chazen is proud to be an employee-owned company. The ownership structure gives every employee a personal stake in the company’s success, which means providing a high level of service to clients. Chazen collaborates with both public- and private-sector clients, including more than a dozen Westchester County municipalities, as well as a variety of private-sector clients. Current assignments include code reviews for projects in New Rochelle, Rye and Yonkers, planning assistance to the village of Mamaroneck and the town of Greenburgh, and projects in Port Chester, Peekskill and Mount Kisco for a variety of other services.

Chazen is routinely named a “Best Place to Work” and has won numerous awards for engineering designs. Employees are encouraged to contribute to their communities, taking part in a wide variety of service activities.

Chazen looks forward to continuing to expand its presence in Westchester County and providing a high level of service for years to come.

SUPPORTERS Burke Rehabilitation Hospital 785 Mamaroneck Ave. White Plains, NY 10605 914-597-2500 burke.org

The Chazen Companies One North Broadway White Plains, NY 10601 914-997-8510 chazencompanies.com

Enea, Scanlan & Sirignano, LLP 245 Main St. White Plains, NY 10601 914-948-1500 esslawfirm.com Keane & Beane, P.C. 445 Hamilton Ave., Suite 1500 White Plains, NY 10601 914-946-4777 kblaw.com NY Hospitality Group 54 Gedney Way White Plains, NY 10605 914-949-3543 nyhgroup.com

Civil Engineers . Land Surveyors Environmental Professionals Planners . Landscape Architects Transportation Planners & Engineers Code Services . Construction Services

A2

Rakow Commercial Realty Group New King St. White Plains, NY 10604 914 422-0100 ext 13 RakowGroup.com

Trinity Financial 1350 Broadway, Suite 1700 New York, NY 10018 212-267-8400 TrinityFinancial.com White Plains Hospital 41 E Post Road White Plains, NY 10601 914-681-0600 wphospital.org

CELEBRATING WHITE PLAINS | OCTOBER 28, 2019

CELEBRATING WHITE PLAINS | OCTOBER 28, 2019

A3

CAN YOU BE HELD RESPONSIBLE FOR MOM AND DAD’S NURSING HOME BILL?

By Anthony J. Enea

ALTHOUGH THERE ARE currently no laws in New York making an adult child responsible for the nursing home bills of a parent, there are still many instances when a child(ren) can be held responsible for the payment of the nursing home bill.

While as of 2017 there are 29 States that have some form or another of filial responsibility laws (a duty owed by an adult child for his parent’s necessities of life), the enforcement of these laws has been sporadic at best. In the landmark case of Health Care and Retirement Corporation of America V. Pittas (Pa. Superior Court, No. 536 EDA 2011, May 7, 2012) the Pennsylvania Superior Court affirmed the decision of a lower court making an adult child responsible for a $93,000 outstanding nursing home bill for his mother. The Court found that the nursing home had met its burden of establish-

A4

ing that this particular son had the financial means to pay the bill, irrespective of the resources of his mother, her husband and other adult children. Clearly this was a frightening decision for many families.

While the filial responsibility laws have not been consistently enforced and federal regulation (42 CFR Part 483, Subpart B. Section 483.15) prevents a nursing home from requiring a third party to be personally liable as a condition for admission, the most common form of liability for the child and/or third party results from their signing the nursing home admission agreement as a “responsible party” in their personal capacity, and not as an agent under the power of attorney or legal guardian for the nursing home resident.

Sadly, most nursing home admissions agreement are confusing and convoluted.

They utilize the phrase “responsible party” in numerous instances and are often signed

during a stressful and fast-moving admission process. If for example a child signs as a “responsible party” they may be unwittingly agreeing that they will take all requisite steps to insure the patients funds are used to pay the nursing home, that the patient applies for Medicaid benefits if eligible and that they have provided Medicaid with all necessary information and documentation to support the approval of the application. Thus, if the application is denied or if the application is not properly completed the “responsible party” may now be held liable for breach of contract and become responsible for any unpaid nursing home bills. Hypothetically, the signatory “responsible party” could possibly be even held responsible if another party dissipates or misuses the applicant’s funds. The act of signing the admissions agreement as a “responsible party” has the potential to create numerous financially detrimental consequences.

In the case of Jewish Home Lifecare V. Ast (NY Sup. Ct, NY County, No. 161001/14, July 17, 2015), The New York County Supreme Court ruled that the nursing home can pursue a breach of contract claim against a child who signs the admissions agreement. The nursing

home had sued the son because he failed to apply for Medicaid or use his mother’s money to pay the nursing home; and that he had fraudulently transferred the money to himself. The Court found that the son could be held liable for breach of contract even though the agreement didn’t say he had to use his own funds to pay.

If for example, the son had a Power of Attorney from his mother, he could and should have signed as “Agent under the Power of Attorney.”

This would in most instances (unless the agent engaged in fraudulent behavior) eliminate his personal liability for any breach of the agreement.

In a recent decision, Jopal at St. James, LLC v.

Manning, 2019 N.Y. Misc. LEXIS 4983, (September 5, 2019), the Supreme Court Suffolk County granted summary judgement in favor of the nursing home against a “responsible party” whom it held personally responsible for failing to use assets he held jointly with the nursing home resident to pay the nursing home bill.

In Jopal the defendant had signed the admissions agreement as a “responsible party” and pursuant to the terms of the admissions agreement had personally agreed… ”not to use the residents funds in a manner which placed the facility in a position where it cannot receive payment from either the residents funds or Medicaid.” The admissions agreement further stated that… “If the undersigned agents receive a transfer of assets from the resident which causes such nonpayment, the undersigned agents agree to use such assets or an amount equal to such assets to assure continuity of payment until Medicaid covers such costs.”

The admissions agreement also had extensive provisions personally obligating the responsible party to cooperate in timely obtaining continuing Medicaid coverage.

In Jopal the nursing home was able to establish its prima facie entitlement to summary judgement on its cause of action for breach of contract by demonstrating that the defendant, “responsible party”, had accepted personal responsibility to utilize access to his mothers funds to pay for her care and then failed to apply available assets towards her care. (See Troy Nursing & Rehabilitation Ctr., LLC v. Naylor, 94 A.D.3d 1345, 994 N.Y.S.2d 323, Iv dismissed 19 N.Y.3d 1045, 978 N.E.2d 599, 954 N.Y.S.2d 6 (2012).

In conclusion, the possibility that one’s child may be held responsible for a parents nursing home bill demonstrates the importance of engaging in long term care planning to protect one’s home and life savings from the cost of long-term care. The failure to do so can have significant detrimental financial consequences not only for the senior, but their children as well. The above stated cases illustrate that the admission agreement needs to be carefully reviewed before one’s child, family member and/ or friend signs same as the “responsible party”. *Anthony J. Enea is a member of the firm of Enea, Scanlan & Sirignano, LLP of White Plains, New York. His office is centrally located in White Plains and he has a home office in Somers, New York. He can be reached at (914) 948-1500.

Mr. Enea is the Past Chair of the Elder Law and Special Needs Section of the New York State Bar Association (NYSBA). He is the Chair of the Senior Lawyers Section of (NYSBA) Enea is the Past President and a founding member of the New York Chapter of the National Academy of Elder Law Attorneys (NAELA). He is also a member of the Council of Advanced Practitioners of the National Academy of Elder Law Attorneys and is the President of the Westchester Bar Foundation and a Past President of the Westchester County Bar Association.

CELEBRATING WHITE PLAINS | OCTOBER 28, 2019

BURKE: WESTCHESTER’S ONLY HOSPITAL ENTIRELY DEDICATED TO REHABILITATION OPENED IN 1915, BURKE REHABILITATION HOSPITAL is a 150-bed acute rehabilitation hos-

pital in White Plains —— Westchester County’s only hospital entirely dedicated to rehabilitation medicine. Burke is a member of the Montefiore Health System and is accredited by The Joint Commission and the Commission on Accreditation of Rehabilitation Facilities (CARF).

Burke provides intensive inpatient rehabilitation for a broad range of medical conditions, including treating patients who have suffered a stroke, spinal cord injury, brain injury, amputation, fracture, cardiac and pulmonary disease and neurological conditions. Burke’s interdisciplinary care teams, led by board-certified physicians, treat each patient with a personalized care plan based on their individual needs and goals.

Patients are usually transferred to Burke from acute care hospitals once they are able to participate in intense physical, occupational and speech therapy. Burke also provides recreation therapy, education, nutrition and neuropsychological services.

Former inpatients and members of the community can be seen by Burke/Montefiore physicians; receive physical, occupational and speech therapies; and participate in programs such as memory evaluation and treatment, driver evaluation, home assessment and cardiac rehabilitation, all on an outpatient basis.

Burke’s Recreational Therapy department offers adaptive sports and fitness programs that can accommodate people of all ability levels.

Burke is a chapter of Disabled Sports USA and offers adaptive programs such as golf, boxing, yoga, rock climbing, kayaking and more.

The Adult Fitness Center on the main campus provides adults 40 and older (or with a qualifying disability) with a comfortable, supportive and safe environment for personalized exercise.

Group classes, personal training and massage therapy are available.

Burke also offers a 3-year advanced ACGMEaccredited Physical Medicine and Rehabilitation residency program, affiliated with Albert Einstein College of Medicine, to produce health care leaders known for innovation in all branches of physiatry.

Left: Burke Rehabilitation Hospital on Mamaroneck Avenue has been a cornerstone in the White Plains community for over 100 years, providing acute rehabilitation for those who have suffered traumatic injury or illness. Right: The latest technology is part of every patient’s customized care plan at Burke, as seen here in the outpatient physician practice.

PIONEERING REHABILITATION™ SINCE 1915 Burke Rehabilitation Hospital has been helping patients get back to the lives they love since 1915. For more than a century our mission has remained the same: ensure every patient achieves their highest level of independence following serious illness or injury.

785 MAMARONECK AVENUE | WHITE PLAINS, NY 10605 | WWW.BURKE.ORG

Inpatient Programs (914) 597-2519

Outpatient Therapy (914) 597-2200

Outpatient Physicians (914) 597-2332

Burke’s inpatient programs in White Plains are second to none in the field of medical rehabilitation.

CELEBRATING WHITE PLAINS | OCTOBER 28, 2019

A5

KEANE & BEANE, P.C. BUILDING STRONG COMMUNITIES

By Jennifer L. Gray

KEANE & BEANE, P.C. is approaching its 40th anniversary. Since its founding in 1980, Keane & Beane, P.C. has contributed to responsible community development in Westchester County and beyond. The firm represents developers, commercial landlords and tenants, and businesses in all aspects of land development throughout the Hudson Valley. Some examples include the redevelopment of the Landmark at Eastview campus in Mount Pleasant for the construction of a new 297,000 square foot corporate and laboratory facility. Another example is our representation of Cricket Hill Energy Center in obtaining zoning amendments and local approvals for a 1,000 megawatt, natural gas fired power plant on an unused industrial site in Dover. These projects bring renewed life to existing sites

But beyond the firm’s contribution to the physical and economic growth of the community, the attorneys at Keane & Beane, P.C. are highly involved in charitable work and community service organizations.

with state-of-the-art facilities in the fields of biotechnology and energy. But beyond the firm’s contribution to the physical and economic growth of the community, the attorneys at Keane & Beane, P.C. are highly involved in charitable work and community service organizations.

Keane & Beane, P.C. has been actively involved in community organizations. The firm’s attorneys contribute time and services to Legal Services of the Hudson Valley, Westchester Public Private Partnership for Aging Services, Pace Women’s Justice Center, Gilda’s Club Westchester, the Arthritis Foundation, Westchester County Legal Aid Society, American Cancer Society, Boy Scouts of America, Girl Scouts of America, Hudson Valley Justice Center, Police Chief’s Association of Rockland County and MidHudson Police Chief’s Association, to name a few.

All All the the credentials credentials of of aa large large law law firm. firm.

The The personalized personalized service service of of aa small small one. one.

Serving the Serving the ServingValley the Hudson Hudson Valley Hudson Valley and beyond for and beyond for and beyond for over 30 years over 30 years over 35 years

• Business Transactions • Construction Law • Education Law • Elder Law • Environmental Law • Guardianship • Insurance Defense & Civil Rights • Labor Relations & Employment Law • Land Development & Zoning

Jennifer L. Gray

Many of our attorneys are also involved in their community’s youth sports organizations and serve as coaches for youth baseball, basketball, soccer and softball. One attorney is a past president of his town’s Youth Sports Organization, and during his tenure secured life-saving automated external defibrillators (AED) for the town’s sports programs and made significant strides in raising funds to purchase additional AEDs. Moreover, the firm has actively participated in the Westchester County Bar Association’s Summer Intern Program, which was developed for local high school students who are from social, cultural, racial and ethnic grounds statistically under-represented in the legal profession. One intern continued to work for the firm through college and is now employed with Keane & Beane, P.C. as a paralegal. The program is a uniquely rewarding way for the firm to give back to the Westchester community.

Keane & Beane, P.C. prides itself on being a good corporate citizen. Just as it contributes to the responsible physical and economic development of the community through its legal representation of developers, commercial landlords and tenants, and businesses, the attorneys at Keane & Beane, P.C. enjoy building strong communities through their civic and social contributions.

• Litigation & Alternative Dispute Resolution • Municipal Law • Real Estate • Trusts & Estates • Trusts & Estates Litigation

wE FOCUS ON pROViDiNG THE HiGHEST qUaLiTy LEGaL COUNSEL TO OUR CLiENTS wE FOCUS ON pROViDiNG THE HiGHEST qUaLiTy LEGaL COUNSEL TO OUR CLiENTS We serve businesses, individuals, school districts, municipalities and non-profit organizations.

We serve businesses, individuals,inschool districts,areas municipalities and non-profit Our attorneys are recognized their practice and offer clients a range organizations. of services Our attorneys are recognized in theira practice and offer clients a range of services through culture ofareas collaboration. through a culture of collaboration.

646.794.5747 New York City

A6

914.946.4777 White Plains

www.kblaw.com

845.896.0120 Fishkill

• Utility Siting & Local Rate-Making

@keanebeanepc @keanebeanepc Keane & Beane, p.C Keane & Beane, p.C

NEWS NOON

Sign up now at westfaironline.com

CELEBRATING WHITE PLAINS | OCTOBER 28, 2019

RakowGroup.com

David Richman and Rakow Commercial Realty Group have always looked out for our best interests when it came to finding the right property and negotiating the best lease for our business. We have known and worked with Rakow Commercial Realty Group for over a decade across multiple lease transactions and have always found David Richman to be extremely professional, honest, thorough and persistent – and always a dedicated advocate for us when it came to ensuring our business needs were addressed. We immensely appreciated the way that David would always go to great lengths to negotiate brilliantly on our behalf!

We would highly recommend David Richman and Rakow Commercial Realty Group for all of your commercial real estate needs!

— Elaine Uy & Andrea Ayala , Ella’s Design Studio, White Plains, NY

Rakow Commercial Realty Group has been providing exceptional commercial real estate advice, expertise and stellar service to Westchester and Fairfield County commercial property tenants, buyers, sellers, landlords and investors for the past 33 years.

For tenants and buyers of commercial real estate, the Rakow Group team is in their corner every step of the way from the initial property search through to the eventual contract signing and beyond, representing their best interests and ensuring they secure the most favorable deal terms.

For commercial property owners looking to sell or lease their property, the Rakow Group team provides a unique and customized targeted marketing program, which focuses on attracting the ideal buyers and tenants in the shortest amount of time.

Rakow Group Specializes in Lease Renewals, Renegotiations, Relocations, Acquisitions and dispositions of commercial property.

(914) 422-0100 x 13 10 New King Street, White Plains, NY

((203) 359-5703 x13 6 Landmark Square Stamford, CT

BOOK YOUR HOLIDAY PARTY BEFORE NOVEMBER 15TH AND RECEIVE ONE OF THE DEALS BELOW:

For more details:

(914) 949 - 0978 www.SamsOfGedneyWay.com info@nyhgroup.com

CELEBRATING WHITE PLAINS | OCTOBER 28, 2019

A7

WHAT’S really IMPORTANT?

31 years

trinity financial

Celebrating 31 years, Trinity is a community-driven, diverse team of real estate professionals with a proven track record of developing urban sites from New York to Greater Boston.

Our work in Westchester County

The Overture at Brookfield Commons Brookfield Commons Phase II

9,000 units

63 projects A8

We have the unique ability to complete complex, mixed-use projects overseeing all aspects of real estate - from finance to development to property management - on urban sites, especially those challenged by politics, infrastructure, environment or market profile.

With over $3 billion in completed development work, we have a reputation for delivering highquality multifamily projects resulting in a stronger urban fabric with a commitment to people, place and partners.

Brookfield Commons is the redevelopment of Winbrook Houses, a 450-unit development located on a 9.3 acre site in downtown White Plains. Trinity and co-developer, the White Plains Housing Authority, will demolish the existing five buildings and construct 500-750 units of high quality, modern apartments in phases.

This new vibrant development will introduce mixed income tiers, including workforce housing units, to promote a diversity of incomes.

The current phase, named The Overture, will be comprised of units set aside for existing Winbrook residents, LIHTC units and a workforce housing tier. The development will also contain community facility space, resident amenities, and resident parking.

TRINITYFINANCIAL.COM

CELEBRATING WHITE PLAINS | OCTOBER 28, 2019

ASK THE DOC when should I see a surgeon for back pain

Dr. Jared Brandoff, orthopedic specialist, answers your question about when to see a spinal surgeon.

Up to 80% of people will experience back and neck pain at some point in their lives.

Separately or together, back and neck pain result in the largest number of job-related disability claims and are one of the most common reasons for missed workdays, according to the National Institute of Neurological Disorders and Stroke.

Many people will often dismiss musculoskeletal pain as just

TIME TO CALL THE DOCTOR

a “normal” part of aging, but when it gets in the way of daily living, it is time to seek help.

Spinal disorders most commonly affect the cervical spine (the neck) and the lumbar spine (the lower back), and can also be associated with pain, numbness and tingling in the arms or legs.

“Back surgery is only scary to those who don’t really understand what’s happening to them and why. Most of my patients, by the time we’ve gone down the path and made the decision to pursue surgery, understand exactly what they’re having and why they’re having it”, says Dr. Brandoff.

If you’ve tried other non-invasive treatments without relief, it may be time to speak with your physician about spinal surgery.

1. PAIN LONGER THAN 6 WEEKS.

2. PINS & NEEDLES.

3. DIMINISHED DExTERITy.

4. REFERRED TO A SURGEON.

If back pain doesn’t go away with rest and over-the-counter medications it could be time to seek help.

Numbness, weakness or tingling could indicate the pain is nerve related.

Difficulty walking without assistance, losing balance or dropping things more than usual.

If a specialist or primary care physician believes that a surgical consultation is prudent, it’s time to come in!

Call (914) 849-MyMD to request an appointment with Dr. Brandoff or one of our other spine surgeons

CELEBRATING WHITE PLAINS | OCTOBER 28, 2019

A MEMBER OF THE MONTEFIORE HEALTH SYSTEM

A9