Dating ron restaino
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Among his professional affiliations, Restaino lists membership in the Bar Associations of New York State and the District of Columbia, the Association of Trial Lawyers of America, the Phi Alpha Delta International Law Fraternity and the Niagara Falls Bar Association.
Contrary to plaintiff's contention, however, the affirmation of his attorney, “who lacks personal knowledge of the facts, is insufficient to establish a meritorious cause of action” (Wasielewski v. D.2d 944, 945), and even assuming, arguendo, that his further contention is properly before us (cf. Plaintiff's participation in ongoing disclosure that occurred within the 90–day period—namely, the efforts of his attorney to schedule the depositions of defendant Todd Delmar and a sheriff, and his correspondence indicating his desire to reschedule those depositions after his medical procedure—“ ‘negated any inference that [plaintiff] intended to abandon [the] action’ “ (Restaino, 26 AD3d at 772). Moreover, there is no indication that defendants have been prejudiced by the delay (see Altman, 119 AD3d at 828–829; Loschiavo v.
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MICHAEL SHANLEY OF COUNSEL), FOR PLAINTIFF–APPELLANT.
Plaintiff appeals from an order granting defendants' motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute. Plaintiff established a justifiable excuse for his failure to comply with defendants' 90–day demand in the form of law office failure, i.e., the postponement of depositions during the 90–day period due to a necessary medical procedure for plaintiff's attorney, the assigned paralegal's failure to reschedule before resigning from the firm, and the subsequent misplacement of the client file without the case being reassigned (see Restaino v.
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He has been involved with numerous human service agencies throughout the area, including, among others, the Niagara Charter School, the Niagara Falls Boys & Girls Club, the Health Association of Niagara County (HANCI), the Music School of Niagara, Niagara Catholic High School, Community Missions and the Niagara Falls Public Library.
A member of the Echo Club, the Cristoforo Colombo Society, the Knights of Columbus and the Polish Heritage Museum, Restaino has also been actively involved with initiatives of the Pine Avenue Business Association, the Make-A-Wish Foundation, the March of Dimes and the American Heart Association.
He began his own private law practice over 25 years ago and spent the greater part of 12 years presiding over four separate Courts within Western New York.
While serving more than a decade as a Niagara Falls City Court Judge, he also presided over two specialty courts, the Juvenile Justice Court and the Domestic Violence Court.
In addition to his time as a Municipal Judge, Restaino served interim terms as Acting Judge in Buffalo City Court, Acting Niagara County Court Judge and Acting Niagara County Family Court Judge.