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Joel M. Aurnou
Counsel
Email:     jaurnou@mccarthyfingar.com
Phone:    914-385-1023 (direct)
Fax:        914-946-0134
 
Professional Biography
Joel concentrates his practice in the area of complex civil and criminal litigation. On the civil side, Joel has represented both plaintiffs and defendants in controversies ranging from administrative law to zoning, including corporate and commercial cases, estate litigation, and matrimonials. On the criminal defense side, Joel has tried numerous homicide and felony cases in various State and Federal courts. Joel has been a frequent lecturer before professional groups, including at the American Bar Association annual meeting, the Michigan Bar Association annual meeting, the Practicing Law Institute (seminar in Las Vegas on insurance company bad faith liability), the New York State Association of Criminal Defense Lawyers, and the Union County Bar Association (NJ). He also taught at Pace Law School.
Representative Matters:
   Reported Civil Cases:
Gasperino v. Larsen Ford, Inc., 300 F. Supp. 1182 (SDNY 1969) aff’d, 426 F.2d 1151 (2d Cir. 1970), cert. den,. 400 U.S. 941 (1970), death recovery in excess of policy limits. Only recovery under § 299 of the N.Y. Labor Law.
Allstate v. Zuk, 78 N.Y.2d 41, 571 N.Y.S.2d 429 (1991). Insurance coverage case. Court of Appeals unanimously reversed two unanimous Appellate Division decisions. Featured in Annual Survey of N.Y. Law: 43 Syracuse L. Rev. 77, 139 (1992).
J.F. v. L.F., 181 Misc. 2d 722, 694, N.Y.S.2d 592 (1999), aff’d sub.nom., Faneca v. Faneca, 270 A.D.2d 489, 705 NYS2 281 (2d Dep’t 2000), lv den., 95 N.Y.2d 756 (2000). Leading case on parental alienation. (as basis for change of custody)
Generas v. Hotel Des Artistes, 117 A.D.2d 563, 499 N.Y.S.2d 69 (lst Dep’t 1986). Summary judgment granted to Mr. Aurnou’s corporate client in contract case.
Kelly v. Defoe Corp., 223 A.D.2d 529, 636 N.Y.S.2d 123 (2d Dep’t 1995). Punitive damage claim against. Mr. Aurnou’s corporate client dismissed.
Conceicao v. Conceicao, 203 A.D.2d 877, 611 N.Y.S.2d 318 (3d Dep’t 1974). 70% vs. 30% equitable distribution division in favor of Mr. Aurnou’s client affirmed.
Male v. Crossroads Assoc. et al, 320 F. Supp. 141 (SDNY 1970). Discrimination suit against defendants City of Peekskill, Mayor and Urban Renewal Agency, all represented by Mr. Aurnou, subsequently dismissed.
Schwartz v. Northern Westchester Hospital, 43 A.D.2d 952, 351 N.Y.S.2d 955 (2d Dep’t 1974). Only New York case where doctor successfully compelled his admission to hospital staff.
Wolstoncroft v. Sassower, 124 A.D.2d 582, 507 N.Y.S.2d 728 (2d Dep’t 1986); 212 A.D.2d 598, 623 N.Y.S.2d 7 (2d Dep’t 1995); 234 A.D.2d 540, 651 N.Y.S.2d 609 (2d Dep’t 1996). Legal malpractice claim settled during trial. . Later, there was a successful proceeding to enforce the settlement
Savattere v. Subin Associates, PC, 261 A.D.2d 236, 690 N.Y.S.2d 229 (1st Dep’t 1999). Legal malpractice claim settled favorably to plaintiffs after defendant’s motion to dismiss denied.
Unreported Civil Cases:
Estate of Emily Vogel (Westchester County Surrogate Court). Will contest settled favorably for the contestant (nephew) after cross-examination of proponent tended to establish revocation of the “Last Will” by the destruction of a duplicate original.
Apex Pools v. Paul (Superior Court, Cambridge, Mass.) Injunction, contempt and damages case for violation of restrictive covenant in franchise agreement. Defendant, caught in perjury during cross-examination, threw up while on witness stand. Defendant subsequently settled for more than the recorded judgment to avoid jail.
Briscoe v. Bruen, (Zoning) Mr. Aurnou succeeded in annulling a variance granted to the famous Tappan Hill Restaurant by reason of defective notice to the affected neighbors. (Westchester County Supreme Court unreported opinion of Coyle, J.S.C.)
In Olesker v. Dempsey, Mr. Aurnou successfully sued a former President of the American Trial Lawyers on a malpractice claim.
In B v. B, Mr. Aurnou represented the treasurer of a major national corporation in a matrimonial. The private detective was shown to be lying, and the cause of action for adultery was dismissed during trial.
Criminal:
People v. Mirenda, 23 N.Y.2d 439, 297 N.Y.S.2d 532 (1969). Successful reversal of murder conviction in case originally tried by William Kunstler, Esq. On retrial, despite prosecution testimony of two eyewitnesses and three accomplices, defendant represented by Mr. Aurnou was acquitted.
People v. Shapiro, 50 N.Y.2d 747, 431 N.Y.S.2d 422 (1980). In highly publicized promoting prostitution case, Court of Appeals agreed with all three defense contentions; improper wiretap evidence, prosecution misconduct, and requiring severance of indictments. After indictments for 69 felony counts, trial and successful appeal, prosecutors settled for a single misdemeanor.
People v. DeConto, 80 N.Y.2d 433, 591 N.Y.S.2d 131 (1992), aff’g 172 A.D.2d 684 (2d Dep’t). Class A felony drug conviction reversed for improper jury selection procedure.
Harris v. NY, 401 U.S. 222, 91 S. Ct. 643, 28 L.Ed.1 (1971). First major criminal case of the Burger court. See 80 Yale L.J. 1198, 1211-17 (1971).
Unreported Criminal Cases
In U.S. v. Jakic, (S.D.N.Y.) Mr. Aurnou’s client was accused of being a Croatian terrorist. After trial for some 14 weeks in the Southern District, before Motley, U.S.D.J., six co-defendants were convicted and sentenced to 40 years each for offenses ranging from murder to interstate transportation of bombs and mailing of letter bombs. Mr. Aurnou’s client was acquitted and went home.
Mr. Aurnou represented Jean S. Harris in the murder of the Scarsdale Diet author, Dr. Tarnower.
Mr. Aurnou represented Robert Comfort, a defendant in the Hotel Pierre eight million dollar holdup.
In San Antonio, Texas, Mr. Aurnou represented Major Arnold Levine, charged with 2 counts of murder (his wife and son). After Mr. Aurnou discovered that a witness’ alibi statement indicated he knew of the murder before the body was found, the Bexar County District Attorney dismissed all charges against the Major.
In People v. Hervey, Mr. Aurnou went to Adams County, Colorado where he participated in the successful appeal of a first degree murder conviction. Before retrial, Mr. Aurnou showed that the testimony at trial of a fingerprint expert, was not merely false, but impossible. The defendant was released shortly thereafter.
In People v. Robert & Judy Zamber, Mr. Aurnou defended a Pennsylvania murder case where the parents of a 7 month old girl were charged with child abuse leading to her death. After forensic investigation proved that the child died from a rare disease known as osteogenesis imperfecta, the charges were dismissed.
In People v. Delmar and People v. Jones, Mr. Aurnou defended two different Westchester County, New York, defendants in successive trials for the same murder. Both defendants were acquitted.
In People v. Robert Gaulin, Mr. Aurnou successfully defended a retarded young man accused of setting fire to an animal shelter.
In People v. Calfayan, Mr. Aurnou won a reversal and acquittal, and a declaration that New York General Business Law, Section 245, subdivision 13, was unconstitutional.
Professional and Community Involvement:
• Adjunct Professor, Pace University School of Law
• Member, American Bar Association
• Member, New York State Bar Association
• Member, Westchester County Bar Association
• Member, White Plains Bar Association (President, 2000-2002)
• Judge, Westchester County Court (1977)
Education:
• L.L.B., cum laude, New York University School Law, 1959   (Order of the Coif)
• B.A., City College of New York, 1954
Admitted to Practice:
New York, 1959
United States District Court, Southern District of New York, 1960
United States District Court of Connecticut, 1965
United States District Court, Western District of New York, 1967
United States Court of Appeals, Second Circuit, 1968
United States Court of Appeals, 3rd Circuit, 1968
United States Supreme Court, 1969
United States District Court for the Northern District of Ohio, 1971
United States Court of Appeals for the 5th Circuit, 1973
United States Court of Appeals for the 10th Circuit, 1973
United States District Court, Eastern District of New York, 1976
Military Service
U. S. Army, 23rd Military Police Company, 1954-56.