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Community Foundation of Herkimer and Oneida Counties board selects new trustees, officers
UTICA — The Community Foundation of Herkimer and Oneida Counties has approved three new trustees and its 2019-2020 officers. The foundation’s new members of the board of trustees are: Harrison J. Hummel IV. He currently serves as chief operating officer at Hummel’s Office Plus, where he has held a number of roles since 1998. Hummel […]
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UTICA — The Community Foundation of Herkimer and Oneida Counties has approved three new trustees and its 2019-2020 officers.
The foundation’s new members of the board of trustees are:
Harrison J. Hummel IV. He currently serves as chief operating officer at Hummel’s Office Plus, where he has held a number of roles since 1998. Hummel holds a bachelor’s degree in management from Georgia Tech, and has been an active member of the community, having served on multiple organizational boards.
Rev. Joseph A. Salerno. He serves as pastor of Our Lady of Lourdes Church in Utica and Our Lady of the Rosary in New Hartford. Salerno holds a master of divinity degree from the University of St. Michael’s College in Toronto, Canada, and a bachelor’s degree in sociology from Maryknoll College in Glen Ellyn, Illinois. His community involvement has included work on multiple community boards.
Bradley Waters. He is associate publisher at Rome Sentinel Company, where he has served in a number of roles since 2010. Waters received a bachelor’s degree in communication, journalism, and general business from St. John Fisher College in Pittsford.
The 2019-2020 Community Foundation officers are:
David Manzelmann — Chair. Manzelmann is Utica market president and team lead for business and professional banking at M&T Bank. He serves on a number of community boards and committees. He previously worked at KeyBank and NBT Bank and received a bachelor’s degree in business economics from the College of Wooster in Ohio.
Kirk Hinman — Chair-elect. Hinman worked nearly 40 years at Rome Steel Strip Company, serving as president from 1989 to 2015. As a CPA, Hinman previously worked for Coopers and Lybrand CPAs in Syracuse. He holds an MBA from the University of Chicago and a bachelor’s degree from Dartmouth College in New Hampshire, and serves on multiple community boards.
L. Michael Fitzgerald — Secretary/Treasurer. Fitzgerald is a certified public accountant (CPA) at Fitzgerald, DePietro and Wojnas, CPAs. He holds a master’s degree in accounting from Northeastern University in Boston, and a bachelor’s degree from St. Bonaventure University in Olean.
The Community Foundation of Herkimer and Oneida Counties said the other members of its volunteer board of trustees are: Laura Casamento, Ronald Cuccaro, Timothy Daly, Burt Danovitz, Lisa DeFrees-Lovett, James A. Engler, Jr., Cathleen C. McColgin, Gregory B. McLean, Cheryl Minor, Jawwaad Rasheed, Eve Van de Wal, Randy VanWagoner, James W. Wallace, Jr., and Bonnie Woods.

Dannible & McKee opens Capital Region office
SYRACUSE — Dannible & McKee, LLP, a Syracuse–based accounting firm, is settling into its new office that serves the Capital Region. The firm formally opened the new location at 220 Harborside Drive in Schenectady on May 9. The new space will enable Dannible & McKee to continue to accommodate growth in Eastern New York, the
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SYRACUSE — Dannible & McKee, LLP, a Syracuse–based accounting firm, is settling into its new office that serves the Capital Region.
The firm formally opened the new location at 220 Harborside Drive in Schenectady on May 9.
The new space will enable Dannible & McKee to continue to accommodate growth in Eastern New York, the firm said.
“As our firm and client base continue to grow, we felt the time was right to move into a larger office setting in the Capital Region,” Michael Reilly, managing partner at Dannible & McKee, said in a statement. “We are excited to be part of this growing development and feel that it will allow our firm to continue to add talent and enhance the services that we provide to our current and future clients.”
Shannon Forkin, a certified public accountant and a tax partner at Dannible & McKee, established the firm’s presence in the Capital Region in 2014. Forkin will continue to oversee the operations at the new office. She has experience in all areas of taxation to a variety of clients, including multi-state taxation and strategic planning. Forkin specializes in working with health care, nonprofit and professional service clients.

The office also includes co-workers who focus on auditing, taxation, and business consulting.
Haylor, Freyer & Coon Inc, an insurance and risk management agency, joined Dannible & McKee to host the May 9 formal-opening event. Haylor, Freyer also recently opened its sixth regional office at the same location. The Capital Region Chamber of Commerce was also on hand for the ribbon cutting.
Both companies are located within Two Harbor Center at the Mohawk Harbor. Constructed in 2017, Two Harbor Center is a mixed-use building with a total of more than 65,000 square feet of office and retail space.
“As an area ripe with new growth and expansion, we recognized the prime opportunity to bring value to the market in a unique way,” said Reilly. “With our expertise in specialized areas, such as consulting for startups, bookkeeping, ownership transition and mergers and acquisition strategies, we are well-positioned to help local companies prosper at every stage of their growth cycle.”
Established as a partnership in 1978 by Anthony Dannible and Lance McKee, Dannible & McKee employs more than 90 professional and support personnel, including 21 partners.

State budget includes recovery tax-credit program
New York State lawmakers have adopted a budget that includes the “nation’s first” recovery tax credit program. It provides tax incentives for certified employers who hire people in recovery from substance-abuse disorders in either full- or part-time positions, Gov. Andrew Cuomo announced on May 8. Beginning in the year 2020, up to $2 million will
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New York State lawmakers have adopted a budget that includes the “nation’s first” recovery tax credit program.
It provides tax incentives for certified employers who hire people in recovery from substance-abuse disorders in either full- or part-time positions, Gov. Andrew Cuomo announced on May 8.
Beginning in the year 2020, up to $2 million will be allocated for this program annually, with employers receiving a maximum tax credit of $2,000 for each eligible person they hire.
The New York State Office of Alcoholism and Substance Abuse Services (OASAS) will administer the program in conjunction with the New York State Department of Taxation and Finance.
“As the opioid epidemic continues to impact families and communities across the state, we remain committed to ensuring individuals who are in recovery have the support they need to lead healthy lives,” Cuomo said in a news release. “This tax incentive will help remove the stigma surrounding addiction and ensure those battling this disease can create a stable and sustainable path to recovery.”
The recovery tax credit will provide eligible employers up to a $2,000 credit for each eligible individual who has worked a minimum of 500 hours. The state contends it will help create a recovery-oriented culture in business and local communities and will increase employment opportunities.
An employer that provides a recovery-supportive environment and otherwise meets the program’s requirements must apply annually to OASAS to claim the credit for eligible individuals employed during the preceding calendar year. Applications for the first year of the program will be due by Jan. 15, 2021, for eligible individuals employed during the 2020 tax year.
“This tax credit is a win-win for recovering New Yorkers and employers who need to bolster their workforce with skilled employees eager to contribute to their success. We encourage businesses to take advantage of this valuable incentive while helping to break the stigma of those recovering from addiction,” Andrew Morris, executive deputy commissioner of the New York State Department of Taxation and Finance, said in the release.

Hotels owe Onondaga County more than $326K in room-occupancy taxes, audit says
SYRACUSE — Onondaga County is expecting to receive more than $326,000 in unpaid room occupancy tax revenue from some area hotels. An audit of the county’s hotel and motel room-occupancy tax (ROT) uncovered the total, the office of Onondaga County Comptroller Matthew Beadnell announced on June 18. The report, conducted in 2018, covered 51 hotels
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SYRACUSE — Onondaga County is expecting to receive more than $326,000 in unpaid room occupancy tax revenue from some area hotels.
An audit of the county’s hotel and motel room-occupancy tax (ROT) uncovered the total, the office of Onondaga County Comptroller Matthew Beadnell announced on June 18.
The report, conducted in 2018, covered 51 hotels and motels for the period 2016 through 2017.
“Our report found that 33 of the 51 [hotels and motels] examined were not in compliance and Onondaga County is due $326,043,” Beadnell said in a news release. “This is significant revenue for the taxpayers of Onondaga County.”
Several hotels had “multiple” compliance issues, per the audit report, which didn’t name any of hotels that owed the tax revenue.
Of the hotels that were not in compliance, five underpaid due to incorrect handling of the internet remarketers; 14 didn’t retain proper tax-exempt documentation to support quarterly ROT returns; one was taking the amount of tax collected from its accounting system and backing into its tax due instead of using actual revenue figures from the hotel’s guest system, the report said. In addition, 19 hotels were using incorrect figures to determine their ROT.
The findings were discussed with the management of the individual hotel/motel operators.
The ROT law permits the county to collect a five percent room-rental tax on the per-diem rental charge. In 2016, Onondaga County collected ROT of $6.5 million and in 2017, collected $6.6 million from 110 operators.

Bonadio Group honored among “Best Accounting Firms for Women”
“This recognition is particularly meaningful because it reflects our commitment to leadership advancement for women in our firm. We’re proud of these results and committed to continuously improving in terms of diversity,” Kristen Clark, managing partner in Bonadio’s Syracuse office, said in a news release. “Earning a spot on this list underscores our firm’s commitment
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“This recognition is particularly meaningful because it reflects our commitment to leadership advancement for women in our firm. We’re proud of these results and committed to continuously improving in terms of diversity,” Kristen Clark, managing partner in Bonadio’s Syracuse office, said in a news release. “Earning a spot on this list underscores our firm’s commitment to providing all of our people with opportunities for growth through initiatives such as mentoring, unlimited paid time off, and professional development programs that support each person’s unique situation.”
The Accounting MOVE Project is the “only annual benchmarking project for women in the profession that showcases innovations that propel women to success and inform firm leaders about related strategies for overall diversity initiatives,” the release stated.
In its ninth year, the Accounting MOVE Project is based on the “MOVE” methodology developed by research partner Wilson-Taylor Associates, Inc., which looks at the factors proven to be essential to women’s career success:
M — Money: fair pay practices
O — Opportunity: advancement and leadership development
V — Vital supports: work-life programs that remove barriers
E — Entrepreneurship: operating experience for managing or business ownership.
The Best CPA Firms for Women list is based on each year’s MOVE results. To earn a spot on the list, an employer must have both a proportionate number of women at most or all levels of management and “proven success” with the MOVE factors. The Best CPA Firms for Equity Leadership list is also based on MOVE survey results and recognizes firms with at least 33 percent of partners and principals being women. The 33 percent figure “is widely recognized as the tipping point for members of any identity group to have individual impact,” per the release. The Equity Leadership list recognizes firms that have achieved that milestone through any combination of culture, programs, and initiatives.

Bousquet Holstein adds attorney, Lepiane, to Syracuse office
SYRACUSE — Bousquet Holstein PLLC announced that Rosemary F. Lepiane has joined the firm as an attorney in its divorce and family law practice group. Lepiane previously operated her own law firm for 10 years. She also previously served as assistant corporation counsel for the City of Syracuse, where she handled complex civil ligation in
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SYRACUSE — Bousquet Holstein PLLC announced that Rosemary F. Lepiane has joined the firm as an attorney in its divorce and family law practice group.
Lepiane previously operated her own law firm for 10 years. She also previously served as assistant corporation counsel for the City of Syracuse, where she handled complex civil ligation in both Supreme and Federal Court. While there, she successfully defended the city against a $40 million-dollar civil suit. She was also a hearing examiner for the City of Syracuse.
At Bousquet Holstein, Lepiane will work on civil matters with a focus on family court, divorce litigation, and resolution. She has worked with clients in drafting separation and prenup agreements and litigated divorce cases from evaluating assets and equitable distribution to spousal/child support and custody, according to a Bousquet Holstein news release.
Lepiane is a member of the CNY Collaborative Family Law Professionals, which seeks to resolve cases in a collaborative matter instead of litigation and she is trained in mediation. She also currently sits on the Assigned Counsel Panel Board of Directors, where she serves as board secretary. The organization seeks to ensure that all people have a right to an attorney at every stage in criminal proceedings.
Lepiane’s prior experience in real-estate law, tax law, and bankruptcy law provides additional client support in complex family and divorce matters, Bousquet Holstein contends.
Lepiane was born and raised in Syracuse. She is a graduate of St. John Fisher College and the Syracuse University College of Law.
Bousquet Holstein is headquartered at One Lincoln Center at 110 W. Fayette St. in downtown Syracuse. The firm also has offices in Ithaca and New York City.

Scolaro Fetter Grizanti & McGough adds Shafer, staff
Shafer joined SFGM as of counsel, says Jeffrey Fetter, president of the firm, who spoke with CNYBJ on June 18. Shafer is a founding partner of the Riehlman, Shafer & Shafer law firm that had offices at 397 Route 281 in Tully and at 39 Church St. in Cortland. SFGM is now leasing those spaces
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Shafer joined SFGM as of counsel, says Jeffrey Fetter, president of the firm, who spoke with CNYBJ on June 18.
Shafer is a founding partner of the Riehlman, Shafer & Shafer law firm that had offices at 397 Route 281 in Tully and at 39 Church St. in Cortland. SFGM is now leasing those spaces from Shafer for the Syracuse firm’s use, says Fetter.
Shafer served as managing partner at Riehlman, Shafer & Shafer since 2001 and brings 36 years of legal experience in all general practice areas, including real estate, estate planning, estates and trusts, corporate with a concentration in agricultural law, and civil litigation.
The firms have “similarly aligned” practice areas, per the SFGM announcement. Fetter also says he’s worked with Shafer “for a number of years.”

“We both represent family-owned, closely held businesses and their owners as well as individuals with estate planning, business planning, and other matters,” he adds.
Shafer brought three staff members (two full- and one part-time employee) with him to the firm. The discussions to have Shafer join SFGM started earlier this year, according to Fetter.
“It just seemed to be a good fit,” he says. “It’s an opportunity we didn’t want to pass up.”
SFGM now has 37 total employees, including 17 attorneys, says Fetter.
Besides the former Riehlman, Shafer & Shafer offices in Tully and Cortland, SFGM also operates New York offices in Syracuse, Rochester, and Le Roy, along with an office in Stuart, Florida under the SFGM name.
Shafer is dividing his time between offices in Tully, Syracuse, and Cortland.
Shafer’s previous firm
Of the original founding partners, Mike Shafer was the only one still practicing with the firm, he tells CNYBJ in a June 18 phone interview.
“The two other name partners have been gone from the firm for at least 20 years,” Shafer notes.
Tim Riehlman retired from the active practice in the late 1990s, pursued a master’s degree, and became a librarian.
Rick Shafer, Mike’s brother, stopped his practice a few years later and pursued another opportunity in a small finance company. “[Rick Shafer] continues to maintain offices in our building here in Tully,” says Mike Shafer.
The firm had about nine attorneys in the latter part of the 2000s, Mike Shafer notes, but the numbers began to dwindle as colleagues had chances for other opportunities in the years that followed.
“We were a firm of four attorneys when I decided that [joining SFGM] was perhaps a good thing for me to do,” says Shafer.
Shafer, 66, was also concerned that if he had a health issue and couldn’t practice, “it certainly made sense to have a strong team to be part of and that certainly is what I’ve gained with my affiliation with the Scolaro firm.”
As for his remaining colleagues, one went to work for a sister firm, Riehlman, Shafer & Shaw of Tully, which focuses on commercial-collection work, or recovery for banks and credit unions, according to Shafer.
Two other attorneys, who also had a chance to join SFGM, decided that they wanted to remain independent and continue providing services in Tully from the same office, he adds.
“The goal here was to provide some continuity for our clients because we have 40 years of history here in terms of wills and abstracts and files for clients,” says Shafer.
5 Ways Professionals Can Succeed As New Entrepreneurs
It’s been a common occurrence in recent years: company downsizing or restructuring has left skilled professionals looking for a job. Or, feeling constrained, they jump to a better growth opportunity. But, with the era of lifetime jobs at a single firm or company long gone, many doctors, dentists, lawyers, accountants, and other professionals are opting
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It’s been a common occurrence in recent years: company downsizing or restructuring has left skilled professionals looking for a job. Or, feeling constrained, they jump to a better growth opportunity.
But, with the era of lifetime jobs at a single firm or company long gone, many doctors, dentists, lawyers, accountants, and other professionals are opting to work for themselves, becoming entrepreneurs and launching their own startups.
Some who already started small practices have expanded into several locations. As orthodontists and business partners, we can attest that the learning curve of running and growing a business in multiple offices — while still practicing our profession — can be challenging, but also rewarding. It was never our plan to run a practice, or even co-run one. But then the financial crisis of 2008 happened, and a lot of the opportunities that had been available before were now gone. But we were able to flip those circumstances on their heads and use them to our advantage.
The biggest challenge initially was finding clients. But we learned to use different resources and educate ourselves in the business side as we did in our chosen career.
Here are five tips for professionals transitioning to running their own business:
• Be passionate. Entrepreneurs tend to be extremely passionate about their work. They need to incorporate the same passion for running a business. Think about how running your own business could transform your career, send it soaring. That kind of spirit energizes you and all those around you.
• Be bothered by inefficiency. Entrepreneurs don’t have a high tolerance for inefficiency, and the bonus is they don’t have corporate red tape to cut through. You can fix problems that come up quickly because of your expertise and the freedom of not running into typical corporate obstacles. If you or your business partner are mired in work processes that are too slow, analyze the inefficiencies and consider the places you could implement solutions.
• Don’t be afraid to take on more risk. One thing that sets many entrepreneurs apart from the average professional is their appetite for risk. A business owner knows the risk-reward possibilities, and by taking well-calculated shots, bigger rewards can come. Set aside time to strategize, and listen to the best-qualified people working for you to develop a precise plan.
• Brainstorm more. Constant innovation is crucial to long-term success of a business, so entrepreneurs have to take time to let their minds be loose and creative. Set aside time each week for brainstorming sessions with your staff — and remember to have fun doing it.
• Don’t limit your dreams. The most important aspect of the entrepreneurial spirit is being limitless — the sky’s the limit. Many people are conditioned in the workforce to be realistic and practical, but dreaming big sets the mission for your company, and it’s why you became a business owner.
It can be daunting at first, performing the myriad tasks of a business owner, but if you believe in what you do and those you’ve hired around you, it’s so worth the effort.
Dr. Seth Newman and Dr. Efstathios (Steve) Giannoutsos are orthodontists and co-authors of “Giving It To You Straight: Everything You Ever Wanted To Know About Orthodontics But Were Afraid To Ask.” (www.asktheorthos.com).

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.
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