Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022
EXHIBIT A
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022
OF COUNSEL AGREEMENT
WHEREAS, Melinda B. Bowe (herein referred to as "Counsel") is withdrawing as a
partner with Costello Cooney & Fearon PLLC (herein referred to as the "Firm") effective in
November 2020 but wishes to continue to practice law on an "Qf Counsel" basis with the Firm;
and the parties being desirous of entering into an "Of Counsel Agreement", it is hereby
AGREED that Counsel shall continue to practice law in an "of counsel" capacity for the
Finn under the following terms:
1. TERM
term of this Agreement shall be November 23, 2020 to December 30, 2021,
unless earlier terminated by either party and is subject to renewal upon mutual
written agreement signed by the parties. Counsel and Firm understand and agree
that this Agreement will terminate upon Counsel's long-term disability or death.
"Long term disability" shall be defined as continuous disability and inability to
work for a period of ninety (90) consecutive days.
2. INDEPENDENT CONTRACTOR
Counsel shall not be considered an employee of the Firm but shall be deemed an
independent contractor. Counsel is responsible for payment of all her Federal and
New York State income taxes, fringe benefits, including but not limited to life
insurance, long-term disability, dental, health insurance, and workers'
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022
compensation coverage (if any). This Agreement does not alter or supersede any
benefits or obligations of the Firm due to Counsel pursuant to her status as a
withdrawing member of Costello, Cooney & Fearon, PLLC. Counsel is hereby
released indeinnified and held harmless from anyand all obligations of the Firin.
Counsel will be provided access to the Firm's insurance offerings, including life,
dental and AFLAC.
3. COMPENSATION
Counsel shall receive an annual draw of $45,000.00, payable in equal amounts on
the first (1st) and fifteenth (15th) of every month. For all work on or after ,
November 23, 2020 which is billed by the Firm and paid by the client, Counsel
shall receive $100.00 per hour for each hour she personally bills and 20% of fees
paid to the Firm for work performed by others within the Firm and originated by
Counsel (see Exhibit "A"). Requests for payment shall be submitted by Counsel
to the Firm no more frequently than once per quarter. Sums are not deemed due
and payable to Counsel until the Firm's bill has been paid by the client. The Firm
will pay Counsel for sums due and owing under this agreement within 15 days of
(a) receipt by the Firm of payment by the client and (b) Counsel's request for
payment to Counsel on said quarterly basis. The amount due and owing will be
offset by the amount paid to Counsel as draw during that payment period.
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022
4. OFFICE AND EXPENSES
The Finn shall provide Counsel remote access to a computer, secretarial support,
and supplies that are reasonably necessary for the practice of law. The Firm will
pay for all reasonable and necessary attorney license fees, malpractice insurance,
Bar Association, professional membership dues and CLE, as determined by the
Firm. Membership to the American Bar Association will not be paid by the Firm.
Counsel will continue to receive a Firm provided cell phone.'
5. MARKETING EXPENSES
The Finn will reimburse Counsel for any reasonable marketing expenses with
clients, with submitted receipts.
6. HOURS OF WORK
Counsel shall determine the number of hours she shall work at the practice of law.
7. RECORD KEEPING
Counsel agrees to record her time in the Firm's timekeeping system and provide
any other documentation relating to files Counsel works on as required by the
Firm. Any new files originated by Counsel under this Agreement are subject to
the Firm's billing practices, including checking for conflicts of interest. Counsel
and the Finn shall keep records of billed hours of Counsel and sums billed by the
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022
Firm for Counsel's services. For this reason, Counsel will continue to have
access to Elite necessary to compute Counsel's income.
8. STATIONERY
Counsel's name shall appear on the Firm's letterhead and in directories and other
publications in such manner as to indicate she has an "Of Counsel" arrangement,
DATED as of: 4i71/,/Z ii, 2020
COSTELLO, COONEY & FEARON, PLLC
By:
rt J. Smit
Melinda B. Bowe
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022
7.6.I+ A Krfte Spee;P;
00761.0233 ONONDAGA, TOWN OF MS EBB LABOR SYR
01918.0001 ONEIDA HEALTHCARE MRS MBB GENERAL MATTERS SYR
01918.0012 ONEIDA HEALTHCARE TM TJC HEALTH AND HOSPITAL LAW MATTERS SYR
01918.0013 ONEIDA HEALTHCARE CM CMM SEXUAL HARRASSMENT PREVENTION TRAINING SYR
01918.0014 ONEIDA HEALTHCARE Tao TJC SALE OF INTEREST IN APEX SURGICAL CENTER SYR
02723.0006 COMMONFUND MORTGAGE CORP. mos EBB EMPLOYMENT ISSUES SYR
02723.0009 COMMONFUND MORTGAGE CORP. NNE WEB TITLE EXAMINATION FENS SYR
06228.0456 UTICA NATIONAL INSURANCE GROUP KBE CMM WARD V NEW HARTFORD CSD (NOTICE OF CLAIM)SYR
06228.0457 UT/CA NATIONAL INSURANCE GROUP CMM CMM ETHOLZER V. MORRISVILLE,-EATON CSD (NOTICE
SYR
06339.0007 LABORATORY ALLIANCE OF CENTRAL NY, LLC MBB MAT EMPLOYMENT MATTERS SYR
09930.0767 EMPOWER FEDERAL CREDIT ONION MBB MBB LABOR & EMPLOYMENT MATTERS SYR
13734.0001 BROOKFIELD CENTRAL SCHOOL DISTRICT MBB MBB GENERAL SYR
13735.0001 PORT OF OSWEGO MBB MBE PORT OF OSWEGO - GENERAL SYR
13756.0001 CLINTON CENTRAL SCHOOL DISTRICT MBE EBB GENERAL SYR
13757.0001 ALL-SEASONINGS INGREDIENTS, INC. EBB MBB GENERAL LEGAL SERVICES SYR
13758.0001 ROLLA= PATENT CENTRAL SCHOOL DISTRICT MBB MBB GENERAL SYR
13759.0001 NEW HARTFORD CENTRAL SCHOOL DISTRICT WEB MBB GENERAL SYR
13760.0001 VILLAGE OF BALDWINSVILLE MBE EBB GENERAL SYR
13760.0005 VILLAGE OF BALDWINSVILLE MBE HES PRA NEGOTIATIONS 2019 SYR
13761.0003 VILLAGE OF CAZENOVIA MBE EBB PRA NEGOTIATIONS 2020 SYR
13768,0001 OGDENSBURG BRIDGE & PORT AUTHORITY MBB MBB GENERAL SYR
13787.0001 MORRISVILLE-EATON CENTRAL SCHOOL DISTRICT MRS MBB GENERAL SYR
13796.0001 MADISON CENTRAL SCHOOL DISTRICT MB EBB GENERAL SYR
13948.0001 KARPENKO, MATTHEW, DO ERB ERB BUS/NESS PLANNING SYR
13948.0002 XARPENKO, MATTHEW, DO MB TJC PROFESSIONAL & EMPLOYMENT MATTERS SYR
14057.0001 GET BOCES EBB CNN MT BOMB/COMPONENT SCHOOLS - OPINION LETSYR
14067.0002 GST BOCES MEG CMM ALFRED-ALMOND CENTRAL SCHOOL DISTRICT SYR
14057.0003 GST BODES MBE CMM CANIBTEO-GREENWOOD CENTRAL SCHOOL D/STRIC
SYR
14057.0004 GOT BOLES MB CMM COOPERSTOWN CENTRAL SCHOOL DISTRICT SYR
14057.0005 GET BODES MBB CNN DELAWARE-CHENANGO-MADISON-OTSEGO (DCMO) SYR
14057.0006 GST BOOBS MBE CMM ELMIRA CITY CENTRAL SCHOOL DISTRICT SYR
14057.0007 GET BOOBS EBB CMM ELMIRA RETORTS CENTRAL SCHOOL DISTRICT SYR
14057.0008 GET BOCES MRS CMM SCHUYIER-STEOBEN-CHEMUNG-T/OGA-ALLEGANY BSYR
14057.0009 GET BOCES MBE CMM NORWICH CENTRAL SCHOOL DISTRICT SYR
14097.0010 GET BODES MBB CMM ODESSA-MONTOUR CENTRAL SCHOOL DISTRICT SYR
14057.0011 GOT BOCES MBE CMM OTSBLIC VALLEY CENTRAL SCHOOL DISTRICT SYR
14057.0012 GET BOORS EBB CMM OXFORD ACADEMY & CENTRAL SCHOOLS SYR
14057.0013 MT BODES EBB CMM SCHENEVUS CENTRAL SCHOOL DISTRICT SYR
14057,0014 MT BODES EBB CMM SPENCER-VAN ETTEN CENTRAL SCHOOL DISTRICTSYR
14057.0015 GET BODES EBB CMM UNATEGO CENTRAL SCHOOL DISTRICT SYR
14057.0016 959 BODES MB CM WATKINS GLEN CENTRAL SCHOOL DISTRICT SYR
14058.0001 PHOENIX CENTRAL SCHOOL DISTRICT NUB EBB GENERAL SYR
14058,0005 PHOENIX CENTRAL SCHOOL DISTRICT GLW OVA CHILD VICTIMS ACT CLAIM SYR
14288.0001 UNION SPRINGS CENTRAL SCHOOL DISTRICT MBE EBB GENERAL SYR
14288.0003 UN/ON SPRINGS CENTRAL SCHOOL DISTRICT MBB EBB NON-RETAINER SERVICES SYR
14288.0004 UNION SPRINGS CENTRAL SCHOOL DISTRICT MBE MBE DUE PROCESS COMPLAINT - WHIPPLE V. UNION SYR
14603.0002 COMMUNITY WELLNESS PARTNERS - PRESBYTERIAN MB MBE GENERAL MATTERS SYR
14709.0001 HAMILTON, VILLAGE OF MBB EBB LABOR & EMPLOYMENT & LABOR NEGOTIATIONS SYR
14868,0001 BROOME FAMILY NURSE PRACTITIONERS, P.C. TJC TJC GENERAL MATTERS SYR
15067.0001 MINOR, VILLAGE OF MBB MBB LABOR & EMPLOYMENT MATTERS SYR
15445,0001 MORAV/A CENTRAL SCHOOL DISTRICT MBB MBB GENERAL LEGAL SERVICES SYR
Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022 EXHIBIT A FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022 OF COUNSEL AGREEMENT WHEREAS, Melinda B. Bowe (herein referred to as "Counsel") is withdrawing as a partner with Costello Cooney & Fearon PLLC (herein referred to as the "Firm") effective in November 2020 but wishes to continue to practice law on an "Qf Counsel" basis with the Firm; and the parties being desirous of entering into an "Of Counsel Agreement", it is hereby AGREED that Counsel shall continue to practice law in an "of counsel" capacity for the Finn under the following terms: 1. TERM term of this Agreement shall be November 23, 2020 to December 30, 2021, unless earlier terminated by either party and is subject to renewal upon mutual written agreement signed by the parties. Counsel and Firm understand and agree that this Agreement will terminate upon Counsel's long-term disability or death. "Long term disability" shall be defined as continuous disability and inability to work for a period of ninety (90) consecutive days. 2. INDEPENDENT CONTRACTOR Counsel shall not be considered an employee of the Firm but shall be deemed an independent contractor. Counsel is responsible for payment of all her Federal and New York State income taxes, fringe benefits, including but not limited to life insurance, long-term disability, dental, health insurance, and workers' FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022 compensation coverage (if any). This Agreement does not alter or supersede any benefits or obligations of the Firm due to Counsel pursuant to her status as a withdrawing member of Costello, Cooney & Fearon, PLLC. Counsel is hereby released indeinnified and held harmless from anyand all obligations of the Firin. Counsel will be provided access to the Firm's insurance offerings, including life, dental and AFLAC. 3. COMPENSATION Counsel shall receive an annual draw of $45,000.00, payable in equal amounts on the first (1st) and fifteenth (15th) of every month. For all work on or after , November 23, 2020 which is billed by the Firm and paid by the client, Counsel shall receive $100.00 per hour for each hour she personally bills and 20% of fees paid to the Firm for work performed by others within the Firm and originated by Counsel (see Exhibit "A"). Requests for payment shall be submitted by Counsel to the Firm no more frequently than once per quarter. Sums are not deemed due and payable to Counsel until the Firm's bill has been paid by the client. The Firm will pay Counsel for sums due and owing under this agreement within 15 days of (a) receipt by the Firm of payment by the client and (b) Counsel's request for payment to Counsel on said quarterly basis. The amount due and owing will be offset by the amount paid to Counsel as draw during that payment period. FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022 4. OFFICE AND EXPENSES The Finn shall provide Counsel remote access to a computer, secretarial support, and supplies that are reasonably necessary for the practice of law. The Firm will pay for all reasonable and necessary attorney license fees, malpractice insurance, Bar Association, professional membership dues and CLE, as determined by the Firm. Membership to the American Bar Association will not be paid by the Firm. Counsel will continue to receive a Firm provided cell phone.' 5. MARKETING EXPENSES The Finn will reimburse Counsel for any reasonable marketing expenses with clients, with submitted receipts. 6. HOURS OF WORK Counsel shall determine the number of hours she shall work at the practice of law. 7. RECORD KEEPING Counsel agrees to record her time in the Firm's timekeeping system and provide any other documentation relating to files Counsel works on as required by the Firm. Any new files originated by Counsel under this Agreement are subject to the Firm's billing practices, including checking for conflicts of interest. Counsel and the Finn shall keep records of billed hours of Counsel and sums billed by the FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022 Firm for Counsel's services. For this reason, Counsel will continue to have access to Elite necessary to compute Counsel's income. 8. STATIONERY Counsel's name shall appear on the Firm's letterhead and in directories and other publications in such manner as to indicate she has an "Of Counsel" arrangement, DATED as of: 4i71/,/Z ii, 2020 COSTELLO, COONEY & FEARON, PLLC By: rt J. Smit Melinda B. Bowe FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 05/11/2022 7.6.I+ A Krfte Spee;P; 00761.0233 ONONDAGA, TOWN OF MS EBB LABOR SYR 01918.0001 ONEIDA HEALTHCARE MRS MBB GENERAL MATTERS SYR 01918.0012 ONEIDA HEALTHCARE TM TJC HEALTH AND HOSPITAL LAW MATTERS SYR 01918.0013 ONEIDA HEALTHCARE CM CMM SEXUAL HARRASSMENT PREVENTION TRAINING SYR 01918.0014 ONEIDA HEALTHCARE Tao TJC SALE OF INTEREST IN APEX SURGICAL CENTER SYR 02723.0006 COMMONFUND MORTGAGE CORP. mos EBB EMPLOYMENT ISSUES SYR 02723.0009 COMMONFUND MORTGAGE CORP. NNE WEB TITLE EXAMINATION FENS SYR 06228.0456 UTICA NATIONAL INSURANCE GROUP KBE CMM WARD V NEW HARTFORD CSD (NOTICE OF CLAIM)SYR 06228.0457 UT/CA NATIONAL INSURANCE GROUP CMM CMM ETHOLZER V. MORRISVILLE,-EATON CSD (NOTICE SYR 06339.0007 LABORATORY ALLIANCE OF CENTRAL NY, LLC MBB MAT EMPLOYMENT MATTERS SYR 09930.0767 EMPOWER FEDERAL CREDIT ONION MBB MBB LABOR & EMPLOYMENT MATTERS SYR 13734.0001 BROOKFIELD CENTRAL SCHOOL DISTRICT MBB MBB GENERAL SYR 13735.0001 PORT OF OSWEGO MBB MBE PORT OF OSWEGO - GENERAL SYR 13756.0001 CLINTON CENTRAL SCHOOL DISTRICT MBE EBB GENERAL SYR 13757.0001 ALL-SEASONINGS INGREDIENTS, INC. EBB MBB GENERAL LEGAL SERVICES SYR 13758.0001 ROLLA= PATENT CENTRAL SCHOOL DISTRICT MBB MBB GENERAL SYR 13759.0001 NEW HARTFORD CENTRAL SCHOOL DISTRICT WEB MBB GENERAL SYR 13760.0001 VILLAGE OF BALDWINSVILLE MBE EBB GENERAL SYR 13760.0005 VILLAGE OF BALDWINSVILLE MBE HES PRA NEGOTIATIONS 2019 SYR 13761.0003 VILLAGE OF CAZENOVIA MBE EBB PRA NEGOTIATIONS 2020 SYR 13768,0001 OGDENSBURG BRIDGE & PORT AUTHORITY MBB MBB GENERAL SYR 13787.0001 MORRISVILLE-EATON CENTRAL SCHOOL DISTRICT MRS MBB GENERAL SYR 13796.0001 MADISON CENTRAL SCHOOL DISTRICT MB EBB GENERAL SYR 13948.0001 KARPENKO, MATTHEW, DO ERB ERB BUS/NESS PLANNING SYR 13948.0002 XARPENKO, MATTHEW, DO MB TJC PROFESSIONAL & EMPLOYMENT MATTERS SYR 14057.0001 GET BOCES EBB CNN MT BOMB/COMPONENT SCHOOLS - OPINION LETSYR 14067.0002 GST BOCES MEG CMM ALFRED-ALMOND CENTRAL SCHOOL DISTRICT SYR 14057.0003 GST BODES MBE CMM CANIBTEO-GREENWOOD CENTRAL SCHOOL D/STRIC SYR 14057.0004 GOT BOLES MB CMM COOPERSTOWN CENTRAL SCHOOL DISTRICT SYR 14057.0005 GET BODES MBB CNN DELAWARE-CHENANGO-MADISON-OTSEGO (DCMO) SYR 14057.0006 GST BOOBS MBE CMM ELMIRA CITY CENTRAL SCHOOL DISTRICT SYR 14057.0007 GET BOOBS EBB CMM ELMIRA RETORTS CENTRAL SCHOOL DISTRICT SYR 14057.0008 GET BOCES MRS CMM SCHUYIER-STEOBEN-CHEMUNG-T/OGA-ALLEGANY BSYR 14057.0009 GET BOCES MBE CMM NORWICH CENTRAL SCHOOL DISTRICT SYR 14097.0010 GET BODES MBB CMM ODESSA-MONTOUR CENTRAL SCHOOL DISTRICT SYR 14057.0011 GOT BOCES MBE CMM OTSBLIC VALLEY CENTRAL SCHOOL DISTRICT SYR 14057.0012 GET BOORS EBB CMM OXFORD ACADEMY & CENTRAL SCHOOLS SYR 14057.0013 MT BODES EBB CMM SCHENEVUS CENTRAL SCHOOL DISTRICT SYR 14057,0014 MT BODES EBB CMM SPENCER-VAN ETTEN CENTRAL SCHOOL DISTRICTSYR 14057.0015 GET BODES EBB CMM UNATEGO CENTRAL SCHOOL DISTRICT SYR 14057.0016 959 BODES MB CM WATKINS GLEN CENTRAL SCHOOL DISTRICT SYR 14058.0001 PHOENIX CENTRAL SCHOOL DISTRICT NUB EBB GENERAL SYR 14058,0005 PHOENIX CENTRAL SCHOOL DISTRICT GLW OVA CHILD VICTIMS ACT CLAIM SYR 14288.0001 UNION SPRINGS CENTRAL SCHOOL DISTRICT MBE EBB GENERAL SYR 14288.0003 UN/ON SPRINGS CENTRAL SCHOOL DISTRICT MBB EBB NON-RETAINER SERVICES SYR 14288.0004 UNION SPRINGS CENTRAL SCHOOL DISTRICT MBE MBE DUE PROCESS COMPLAINT - WHIPPLE V. UNION SYR 14603.0002 COMMUNITY WELLNESS PARTNERS - PRESBYTERIAN MB MBE GENERAL MATTERS SYR 14709.0001 HAMILTON, VILLAGE OF MBB EBB LABOR & EMPLOYMENT & LABOR NEGOTIATIONS SYR 14868,0001 BROOME FAMILY NURSE PRACTITIONERS, P.C. TJC TJC GENERAL MATTERS SYR 15067.0001 MINOR, VILLAGE OF MBB MBB LABOR & EMPLOYMENT MATTERS SYR 15445,0001 MORAV/A CENTRAL SCHOOL DISTRICT MBB MBB GENERAL LEGAL SERVICES SYR