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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: |
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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. |
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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). |
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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) |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 |
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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. |
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Unreported Civil Cases: |
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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. |
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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. |
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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.) |
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In Olesker v. Dempsey,
Mr. Aurnou successfully sued a former President of
the American Trial Lawyers on a malpractice claim. |
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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. |
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Criminal: |
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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. |
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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. |
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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. |
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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). |
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Unreported Criminal Cases |
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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. |
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Mr. Aurnou represented
Jean S. Harris in the murder of the Scarsdale Diet
author, Dr. Tarnower. |
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Mr. Aurnou represented
Robert Comfort, a defendant in the Hotel Pierre eight
million dollar holdup. |
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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. |
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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. |
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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. |
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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. |
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In People v. Robert
Gaulin, Mr. Aurnou successfully defended a retarded
young man accused of setting fire to an animal shelter. |
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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. |
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Professional and Community Involvement: |
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Education: |
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Admitted to Practice:
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New York, 1959
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United States District
Court, Southern District of New York, 1960 |
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United States District
Court of Connecticut, 1965 |
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United States District
Court, Western District of New York, 1967 |
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United States Court
of Appeals, Second Circuit, 1968 |
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United States Court
of Appeals, 3rd Circuit, 1968
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United States Supreme
Court, 1969 |
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United States District
Court for the Northern District of Ohio, 1971 |
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United States Court
of Appeals for the 5th Circuit, 1973 |
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United States Court
of Appeals for the 10th Circuit, 1973
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United States District
Court, Eastern District of New York, 1976
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Military Service |
U.
S. Army, 23rd Military Police Company, 1954-56.
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