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Burns appointed as senior corporate controller at NBT
NORWICH — NBT Bancorp Inc. (NASDAQ: NBTB) recently promoted senior VP Annette L. Burns to senior corporate controller. Burns is responsible for managing NBT’s accounting and finance function and ensuring compliance with corporate policies, accounting, and regulatory requirements, the banking company said in a news release. She also provides support for strategic planning, corporate governance, […]
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NORWICH — NBT Bancorp Inc. (NASDAQ: NBTB) recently promoted senior VP Annette L. Burns to senior corporate controller.
Burns is responsible for managing NBT’s accounting and finance function and ensuring compliance with corporate policies, accounting, and regulatory requirements, the banking company said in a news release. She also provides support for strategic planning, corporate governance, and merger and acquisition analysis.
Burns, a CPA, has nearly 25 years of experience in accounting and finance. She joined NBT in March 2013 when NBT acquired Alliance Bank and was promoted to corporate controller later that year. At Alliance Bank, Burns was VP of financial reporting and accounting policy. Prior to that, she held leadership positions in finance with Pathfinder Bank as controller, and PricewaterhouseCoopers, LLP as business assurance manager.
Burns earned her bachelor’s degree in business administration from St. Bonaventure University. She currently serves on the Chenango Arts Council Board of Directors.
NBT Bancorp is a financial holding company headquartered in Norwich, with total assets of $9.5 billion as of the end of March. Its NBT Bank, N.A. unit has 149 branches in six states, including New York, Pennsylvania, Vermont, Massachusetts, New Hampshire, and Maine.
A Higher Hurdle Imposed for ADA Plaintiffs in Second Circuit
It just became a bit more difficult for plaintiffs within the jurisdiction of the Second Circuit Court of Appeals (which includes New York state) to succeed on disability-discrimination claims brought against their employers under the Americans with Disabilities Act (ADA). The ADA prohibits employers from “discriminat[ing] against a qualified individual on the basis of disability
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It just became a bit more difficult for plaintiffs within the jurisdiction of the Second Circuit Court of Appeals (which includes New York state) to succeed on disability-discrimination claims brought against their employers under the Americans with Disabilities Act (ADA).
The ADA prohibits employers from “discriminat[ing] against a qualified individual on the basis of disability in regard to … the hiring, advancement, or discharge of employees.” An employer also may face liability if it refuses to provide a reasonable accommodation to an employee with a disability and that employee can demonstrate that he or she can perform the essential functions of his or her job if provided with such an accommodation. A plaintiff advancing either type of claim is required to demonstrate a causal connection between his or her disability and the adverse employment action. Until now, the employee litigating his or her claim within the Second Circuit had that causal connection examined under a “mixed motive” analysis.
However, that recently changed in Natofsky v. City of New York, decided on April 18, 2019. In that case, the Second Circuit Court of Appeals held that the same standard should be used to analyze disability-discrimination claims brought under the Rehabilitation Act of 1973 (which applies to federal employers and employers operating programs or activities that receive federal financial assistance) and disability discrimination claims brought under the ADA. The court determined that, under both statutes, a plaintiff must prove “that discrimination was the but-for cause of any adverse employment action.”
The court’s adoption of the “but-for” standard means that ADA plaintiffs now face the same hurdle that employees advancing ADEA (Age Discrimination in Employment Act) claims and Title VII retaliation claims face.
What’s the difference?
The distinction between “mixed motive” and “but-for” causation is significant. Under the “mixed motive” standard, a plaintiff need only demonstrate that his or her disability was a motivating factor in the employer’s adverse employment action, even if other lawful motivations existed. Under the heightened “but-for” standard of causation, a plaintiff must demonstrate that but-for his or her disability, the adverse employment action would not have been taken.
What is the practical effect of this change in the law?
The bar has undoubtedly been raised for ADA plaintiffs. The increased burden they now face is demonstrated by the clashing majority and dissenting opinions in the Natofsky case. The majority, applying the newly-imposed “but-for” standard, affirmed the District Court’s dismissal of the employee’s ADA claims based upon documentary evidence that supported the employer’s claim that the adverse actions were taken in response to plaintiff’s poor job performance. The dissent, citing other evidence that a supervisor visibly mocked the employee after he revealed his disability and ridiculed him for his speech, and that plaintiff was subjected to “inexplicably harsh treatment,” would have denied the employer’s motion for summary judgment because it appeared the employer’s actions “were at least motivated in part by [the plaintiff’s] disability.”
What does it mean to employers?
Employers should view this change in the law guardedly. While it provides a valuable tool in defending a disability-discrimination claim, a district court judge may still deem facts like those just discussed sufficient to send the case to a jury. In that case, the employer may still be exposed to the prospect of damages, in addition to substantial litigation and appellate costs.
Thus, regardless of the heavier burden an ADA plaintiff now faces under Natofsky, employers must continue to work to mitigate the risk posed by such claims. They should maintain and enforce their anti-discrimination policies; provide anti-discrimination training and guidance to their supervisors and employees; conduct and document dialogue with employees who request accommodations; and ensure that records of poor job performance and/or disciplinary issues are routinely made and maintained. Such documentation will serve as a critical aid in defending prospective claims under the ADA or any other anti-discrimination statute.
Richard S. Finkel is a member (partner) in the Garden City office of Syracuse–based law firm, Bond, Schoeneck & King PLLC. Contact him at rfinkel@bsk.com. This article is drawn from the firm’s New York Labor and Employment Law Report blog.
Countryside Apartments in Rome sold for $695,000
ROME — The Countryside Apartments complex at 7108 Rome-Oriskany Road in the city of Rome was recently sold. James Talmadge Properties, LLC sold the 24-unit, 10,056-square-foot complex to Datas Real Assets, LLC for $695,000. Richard L. Will, president of Hemisphere Holdings Corp. in Syracuse, was the broker on this transaction. The facility, built in 1953
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ROME — The Countryside Apartments complex at 7108 Rome-Oriskany Road in the city of Rome was recently sold.
James Talmadge Properties, LLC sold the 24-unit, 10,056-square-foot complex to Datas Real Assets, LLC for $695,000. Richard L. Will, president of Hemisphere Holdings Corp. in Syracuse, was the broker on this transaction.
The facility, built in 1953 and located on nearly 2.2 acres, was previously a motel, Will says.
In 2018, the apartment complex was more than 91 percent occupied and generated more than $150,000 in gross income and $72,000 in net operating income, according to data Will provided CNYBJ. Its capitalization (cap) rate was 10.39 percent.
Property Owners Along Lake Ontario Need More Help
For the second time in three years, property owners along the southern and eastern shores on Lake Ontario are experiencing catastrophic flooding. With lake levels nearly three feet above the 100-year average, water has once again eroded shorelines, forced the collapse of sea walls, and flooded septic systems and homes. Even people who took precautions after
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For the second time in three years, property owners along the southern and eastern shores on Lake Ontario are experiencing catastrophic flooding. With lake levels nearly three feet above the 100-year average, water has once again eroded shorelines, forced the collapse of sea walls, and flooded septic systems and homes. Even people who took precautions after 2017 or made repairs from the last flood are being forced to address the same problems again.
[They are] exactly the type of flooding events that property owners feared would happen after a new water-management plan took effect beginning in 2017. The International Joint Commission (IJC), which regulates water levels in the lake was established by an international treaty to help handle issues in shared waters, is comprised of three commissioners each from the U.S. and Canada. They follow a plan that helps determine lake levels which are adjusted by the Moses-Saunders dam at Cornwall, Ontario, and Massena, New York. The dam was built in the 1950s to produce hydropower and permit larger ships to navigate between Montreal and Lake Ontario. Since 1958, the IJC operated under Plan 1958B, which generally kept property along the shore protected from storms, high waves, and flooding. Regardless of the plan’s record of success, environmentalists and others pressured the IJC to create a new management plan — one that promised higher highs and lower lows to favor wildlife, the shipping industry, and hydro power. For years, the proposed plan failed to gain consensus but in the waning days of the Obama administration, the IJC adopted Plan 2014 despite property owners’ consistent opposition.
The plan must be changed and it is imperative that we continue working toward long-term solutions to prevent future flooding. While high precipitation is to blame for some increased water levels, 94 percent of the time since the plan’s inception water levels have been above average. Clearly, rain and snow are not fully responsible for these sustained higher water levels. In tandem with placing pressure on the international board to change Plan 2014, the state needs to provide property owners with more assistance to deal with the immediate effects of the man-made disaster. Homeowners on the lake are faced with compromised structures and unsanitary conditions — making some homes uninhabitable. Right now, they need assurances that they can rebuild. Gov. Andrew Cuomo has formed a new commission to assist affected areas and has pledged to direct $300 million toward efforts to rebuild, but we await details on how and if funding will directly benefit homeowners. At the first commission meeting held recently in Rochester, I once again pushed for homeowners to receive grants from the state, similar to what was provided in 2017.
We recently received some good news on the long-term outlook. Under new direction led by U.S. Chair Jane Corwin — who previously represented shoreline residents in the state Assembly — the IJC will look at ways in which they can let even more water out of the lake. In addition, she visited the White House to discuss the flooding on Lake Ontario and, following that meeting, told the Buffalo News the IJC needs to look at suspending Plan 2014. While it is my understanding that there are many steps to be taken before the IJC can deviate from its plan, the fact that new leadership has acknowledged the plan’s shortcomings is hopefully a sign lakeshore owners will be better represented going forward.
In the meantime, a state of emergency has been declared for the eight counties affected by the floods. As part of that declaration, the Department of Environmental Conservation is expediting permits for shoreline work and the state National Guard has been called to assist some communities. In addition, there are sandbags available at local municipalities. Having been to marinas and visited houses all along the shore, I am aware of the millions of dollars in property loss, lost tourism revenue, and the devastating effect this has had on the entire economy. I understand it is deeply frustrating and I will continue to push for additional resources for property owners to help in rebuilding to protect homes and shorelines from eroding.
William (Will) A. Barclay is the Republican representative of the 120th New York Assembly District, which encompasses most of Oswego County, including the cities of Oswego and Fulton, as well as the town of Lysander in Onondaga County and town of Ellisburg in Jefferson County. Contact him at barclaw@assembly.state.ny.us or (315) 598-5185.
Ralph Snodgrass Would Have Fit Right in this Election
This campaign season brings Ralph to mind. He was a family member who sprung surprises on many friends and acquaintances. Ralph taught and coached in high school. He led a quiet life. Lived under the radar. Enjoyed a few beers and low-key discussions about what was going on in the world. Out of the blue,
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This campaign season brings Ralph to mind. He was a family member who sprung surprises on many friends and acquaintances.
Ralph taught and coached in high school. He led a quiet life. Lived under the radar. Enjoyed a few beers and low-key discussions about what was going on in the world.
Out of the blue, in the middle of a chat about school taxes, he would calmly say, “I think I’ll run this year. I will.”
You’ll run? In a marathon?
“No. I’m gonna run for president this year.”
President, eh? Of what? The school board, maybe?
“The presidency. You know, of the U.S. I’m running for the presidency. I’m going to be President of the United States.”
Some guys fantasize the Bills will take home the Super Bowl rings. Or Congress will wipe out the national debt. Or the world will end Jan. 1. Or the Savior will descend upon us this year or next. Ralph figured he would be moving his family into the White House.
“I’ve got a good chance this year. I mean, just consider the field …” He regaled us with details of his upcoming campaign. He tested out campaign slogans with us. And positions on various issues. He was deadly serious up to the day when he was seriously dead.
He deserved sympathy for his mental illness. For that was surely his affliction, a delusional disorder. But I do wish he had lived long enough to have entered this year’s campaign.
Ralph could have tossed his hat in the ring. And followed it. Without anyone knowing whether he belonged in the ring or under the hat or not.
I imagine him showing up for the first debate between 20 Democratic candidates.
“Hi, I’m Ralph Snodgrass, running for president. Which podium is mine?”
Oh, right over here, sir. Fourth one from the end.
I mean, who in hell would have known? Nobody is going to remember all 20 of these birds who are running, plus the three who didn’t make the debate stage. He could have participated in the first debate without anyone in the audience twigging.
None of the TV viewers would have noticed. “Ralph Snodgrass? He’s the mayor of …
He would have garnered a few nods of approval from big media — merely by being a Democrat. New York Times editorials would have declared Ralph was too soft on climate change but sound as a rock on health care. Especially when he out-promised Joe Biden —by claiming his administration would snuff out all heart conditions, bad livers, athlete’s foot, diabetes, acne, and cancer.
Trump would have pinned a nickname on him — Randy Ralph. Because he told the debate moderator she looked good in red.
The other candidates would have attacked him and agreed with him. If they do this with six or seven candidates, imagine what they would have done with 20. “I agree with my fellow candidate Ralph on abortion. But he goes too far when he suggests that …”
Big media would have done their bit. They love to create stories out of thin air just for fun. “Sources tell us that underdog Ralph Snodgrass may have a secret weapon to wield in his campaign. Following his surprise remarks in last night’s debate, Snodgrass reportedly advised his campaign staff …”
Ralph, I’m sorry you are gone. You would have fit right in. I know that you belong under the care of a psychiatrist, which is why you would have fit right in. I would have voted for you.
I wonder what that denotes. Now, now, be charitable.
From Tom…as in Morgan.
Tom Morgan writes about political, financial, and other subjects from his home in upstate New York. Contact him at tomasinmorgan@yahoo.com, read more of his writing at tomasinmorgan.com, or find him on Facebook.
The Ithaca office of Insero & Co. CPAs recently hired MARIA MILANESI as a senior accountant. She joins the firm with extensive experience in both auditing and business valuations and will play a key role in the firm’s growing municipal and school-district audit practice. Milanesi earned her bachelor’s degree in accounting from SUNY Fredonia.
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The Ithaca office of Insero & Co. CPAs recently hired MARIA MILANESI as a senior accountant. She joins the firm with extensive experience in both auditing and business valuations and will play a key role in the firm’s growing municipal and school-district audit practice. Milanesi earned her bachelor’s degree in accounting from SUNY Fredonia.
JOHN DESANTIS has joined Runningboards Marketing as a digital marketing sales rep. He previously served as the executive director of Believe in Syracuse, a nonprofit organization he founded. DeSantis holds a bachelor’s degree from Syracuse University, Runningboards Marketing is headquartered in Watertown and owns and operates digital-advertising platforms.
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JOHN DESANTIS has joined Runningboards Marketing as a digital marketing sales rep. He previously served as the executive director of Believe in Syracuse, a nonprofit organization he founded. DeSantis holds a bachelor’s degree from Syracuse University, Runningboards Marketing is headquartered in Watertown and owns and operates digital-advertising platforms.
KATHERINE RODRIGUEZ recently joined Chianis + Anderson Architects as office manager/bookkeeper. She brings a great deal of experience in accounting and management to the firm. Rodriguez has an associate degree in accounting from SUNY Broome.
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KATHERINE RODRIGUEZ recently joined Chianis + Anderson Architects as office manager/bookkeeper. She brings a great deal of experience in accounting and management to the firm. Rodriguez has an associate degree in accounting from SUNY Broome.
HONORA SPILLANE has joined CenterState CEO as senior director of business and economic development. She previously worked as deputy commissioner at the City of Syracuse, Department of Neighborhood and Business Development and served as executive director of the Syracuse Industrial Development Agency. Spillane also previously was a senior economic development specialist at the Onondaga County
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HONORA SPILLANE has joined CenterState CEO as senior director of business and economic development. She previously worked as deputy commissioner at the City of Syracuse, Department of Neighborhood and Business Development and served as executive director of the Syracuse Industrial Development Agency. Spillane also previously was a senior economic development specialist at the Onondaga County Office of Economic Development. She received a bachelor’s degree in public relations from Boston University, and her JD and MPA degrees from Syracuse University.
JARED SHEPARD has joined as a research and policy analyst. He is responsible for conducting primary research, compiling economic data and insight, and performing public-policy analysis to help the organization develop strategies for regional growth, community sustainability, advance business development opportunities and provide information to businesses. Shepard most recently worked for the Center for Policy Research at The Maxwell School. He earned his bachelor’s degree and master’s degrees from Syracuse University.
ANDREW OBERNESSER has come aboard as director of community investment. He helps lead place-based economic development efforts for CenterState CEO’s economic-inclusion portfolio. Obernesser most recently worked as a senior project manager at the local consulting and planning firm, Environmental Design & Research. Obernesser holds a master’s degree in urban and regional planning from the University of Wisconsin and a bachelor’s degree from SUNY Geneseo.
CALVIN CORRIDERS has joined CenterState CEO as manager of neighborhood-economic development. He facilitates and supports economic development on the Southeast Gateway by engaging the community for their input and feedback, working to attract new business in the area, and helping to create new opportunities for locals to develop or expand business in this area. Corriders most recently worked as residential mortgage lender at Pathfinder Bank. He earned his bachelor’s degree in sociology from Syracuse University.
ALISSA TUBBS has been hired as strategic operations manager for the economic inclusion portfolio’s Work Train program. She will manage and develop strategies to support Work Train, including developing systems and process improvements for grants and contract management, data collection, evaluation, and communication. Tubbs most recently worked as agency relations manager at the Food Bank of Central New York. Tubbs is currently completing her Master of Public Administration degree in nonprofit management at Arkansas State University. She earned her bachelor’s degree in health sciences from Ithaca College.
LAIZA SEMIDEY also joined CenterState CEO’s economic inclusion portfolio’s Work Train program as health care programming manager. She manages the execution of Health Train, engages and builds strong relationships with the community and employer partners, and leads the expansion of Health Train to other counties. Semidey most recently worked at SpinCar, where she was senior advertising technology manager. She earned a bachelor’s degree from Binghamton University.
DEMITRIUS MCNEIL has joined the organization’s business development portfolio as director of business and economic development. McNeil coordinates multiple partners under the “UAS Central” brand, promoting unmanned aerial systems development. He also provides economic-development support for the Central New York region. McNeil most recently worked as an account manager at the Pinckney Hugo Group. McNeil earned a dual bachelor’s degree in business analytics and marketing from Le Moyne College.
Mirabito Holdings, Inc. has hired BRETT HUGHES as director of business development. He will be responsible for the strategic leadership of Mirabito land assets and real-estate projects. Hughes brings significant experience in real estate, with strengths in real-estate development and asset and property management. He most recently worked as director of real estate & IT
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Mirabito Holdings, Inc. has hired BRETT HUGHES as director of business development. He will be responsible for the strategic leadership of Mirabito land assets and real-estate projects. Hughes brings significant experience in real estate, with strengths in real-estate development and asset and property management. He most recently worked as director of real estate & IT at Fastrac Markets in Syracuse. Hughes earned his bachelor’s degree from St. Lawrence University, where he also played college football.
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