ARNOLD A. ARPINO

ARNOLD A. ARPINO

BACKGROUND 

Arnold represents individuals and business in multiple practices areas including creditor's rights healthcare lawelder law & estate planning and real estate matters. Arnold received his J.D., from the Maurice A. Deane School of Law at Hofstra University in 1983 after completing his first year of law school at the University of Dayton where he won a Moot Court Award during a first year competition. 



Arnold began his career at the law firm of Batzar & Weinberg where he focused his practice on creditor's rights & collections. When the partners of that firm retired, Arnold joined and later became a partner in the firm of Smith, Carroad, Levy, Arpino & Finkel in Commack, New York. There Arnold gained experience litigating medical debt collection claims and commercial claims. Arnold left the firm to start his own solo practice in the year 2000. He takes pride in the fact that he has run a successful solo practice in the greater Smithtown area for the past 20 years.

HOBBIES & INTERESTS

Arnold enjoys cooking, gardening, and attending sporting events. His favorite cuisine is Italian. During the summer months he enjoys growing tomatoes, oregano, basil, peppers and cucumbers. He is a passionate fan of the Boston Redsox, the New York Jets and the New York Islanders.

ADMISSIONS, ASSOCIATIONS & EDUCATION

Admissions


  • New York, 1984
  • Pennsylvania, 1985 (retired)
  • New Jersey, 1987 (retired)
  • U.S. District Court District of New Jersey, 1987


Associations


  • Suffolk County Bar Association


Education



  • J.D., Hofstra University School of Law, 1983
  • Queens College, B.A., 1980

RECENT BLOG POSTS

26 May, 2023
There are a lot of complexities in the world of law, and one such complexity is CPLR 5015(a)(1) and its implications on timing for vacatur applications. Today, we’re going to take a deep dive into the understanding of this rule and how it applies.  What is CPLR 5015(a)(1)? This particular rule is part of the Civil Practice Law and Rules in New York, specifically addressing the vacating or setting aside of a judgment or order. When it comes to vacatur applications, there's a 'hard-and-fast' one-year time limit under CPLR 5015(a)(1), but this only applies when the vacating ground is potentially excusable. The time frame begins, not from the 'entry' of the order or judgment, but from the 'service' of the order or judgment with notice of entry. The Clock Doesn't Start Until You Know In simple terms, the clock starts ticking when you're informed about the order or judgment. This seems like common sense. After all, how can you be expected to comply with or appeal something you aren't aware of? The dates of service are always documented, which makes the computation of the one-year deadline easy and objective. Exceptions and Inherent Authority The courts maintain an inherent authority to vacate their orders when justice demands it, despite the time-limiting language of the statute. So, even if the one-year statutory deadline has passed, courts might consider the vacatur motion on the merits, if the circumstances are compelling enough. But be prepared to provide a reasonable excuse for the delay. Don't Wait Unless You Have To While courts may sometimes show flexibility, it's always best to play it safe. Whenever possible, file the order to show cause to vacate a judgment or order rendered on default within the time prescribed by the statute. If you're late, you’ll have to deal with the complications of explaining the delay. Other Important Considerations Another key point to note is that parties moving to vacate defaults under CPLR 5015(a)(1) must demonstrate a potentially meritorious claim or defense. In other words, you must show that you have a valid reason for why the initial order or judgment should be vacated. Exceptions to the Timing Rule While there's a time limit for vacating excusable defaults under CPLR 5015(a)(1), there are circumstances that could legally supersede the statutory deadline. An example of such a situation is the COVID-19 shutdowns in 2020 and 2021, during which a series of Executive Orders were issued that tolled time limits in the courts. In conclusion, while CPLR 5015(a)(1) and the time limit for vacatur applications might seem like a rigid rule, there are layers of interpretation and considerations involved. As always, every case is unique, and you should consult with an experienced attorney to understand your specific situation.
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Facutal errors in accusatory instruments require superseding information.
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