New York Appellate Practice

A. Vincent Buzard is a retired partner and of counsel at Harris Beach PLLC, which is a statewide law firm with offices throughout New York State as well as in New Jersey, Connecticut and Washington, D.C. Mr. Buzard has been selected as one of the Best Lawyers in America in appellate practice New York Super Lawyers in appellate practice. He was selected as the 2014 Appellate Lawyer of the Year in the Rochester area by Best Lawyers in America, and was one of only two so named in New York state. Mr. Buzard has been a trial and appellate lawyer for over forty years and for the last several years has focused his practice on appeals in the state and federal courts of New York including the New York Court of Appeals. He has argued appeals involving a broad range of issues and his recent cases include successfully arguing in the Second Circuit Court of Appeals a seminal case for the constitutionality of a wage freeze on municipal employees; in the New York Court of Appeals for a new rule in tortious interference cases, for a rule regarding out of wedlock children in trusts and for the construction of a statute to prohibit the accrual of steps and increases during a wage freeze; and in the Appellate Division Fourth Department for a property tax assessment of zero for a large commercial property because of contamination which was the first such result in New York.

Mr. Buzard has written and lectured extensively on appellate practice for the American Bar Association, the New York Bar Association and the Monroe County Bar Association. He previously served as Chair and Secretary of the Council of Appellate Lawyers of the American Bar Association. In 2015, he was elected to represent the state of New York on the American Bar Association’s Board of Governors. He is a member of the House of Delegates of the New York State Bar Association.

He served as the President of the New York State Bar Association from 2005–2006 and as President of the Monroe County Bar Association from 1993–1994, from which he received the Adolph J. Rodenbeck Award for outstanding contribution to the legal profession and community.

He is a past Chair and current member of the State Bar Association Committee to Review Judicial Nominations which screens judges for appointment to the Court of Appeals, and serves by appointment on the Governor’s Screening Committee which screens judges for the Appellate Division, Fourth Department. He was appointed the Chief Judge of New York to chair the Seventh District Judicial Screening Commission which screened judicial candidates for election.

He also served as Corporation Counsel of the City of Rochester. Since the late 1970’s he has been a host, moderator and commentator on local radio and television programs on legal and political issues.

Mr. Buzard is a graduate of Wabash College and a cum laude graduate of the University of Michigan Law School.

Gary Muldoon is a partner with Muldoon & Getz in Rochester, focusing on civil and criminal appellate practice as well as litigation, generally. He is a graduate of Skidmore College and of University at Buffalo Law School, where he is an adjunct instructor. He is author of several books on New York law, including Handling a Criminal Case in New York, and has written articles on law for several publications.

Laura W. Smalley is a member of the firm and practices in the Business & Commercial Litigation, Intellectual Property, and Appellate Litigation & Advocacy Practice Groups. Ms. Smalley handles appeals in both New York State and federal appellate courts. She holds a J.D., magna cum laude, from Cornell Law School. She was an editor on the Cornell Law Review.

Thomas R. Newman (Original Author), Duane Morris LLP, Of Counsel, Member of the New York Bar

Nicholas C. Roberts is an associate at Harris Beach PLLC and represents companies, industry associations and individuals in complex contractual disputes, matters involving administrative and regulatory determinations, personal injury cases, insurance disputes, replevin actions and medical malpractice cases. He has experience with e-discovery and pre-trial motion practice, and has worked on several appeals. For more detailed biographical information, see www.harrisbeach.com/.

Kyle D. Gooch is a partner at Harris Beach PLLC and practices in the firm’s Business & Commercial Litigation and Appellate Litigation & Advocacy practice groups. Mr. Gooch handles commercial litigation and appeals in New York state and federal appellate courts. He holds a J.D. from Georgetown University Law Center. For more detailed biographical information, see www.harrisbeach.com/.

Allison B. Fiut is a civil litigator who focuses her practice on resolving a range of commercial disputes in New York state and federal courts and through alternative dispute resolution. She represents clients in business divorce, breach of contract, non-compete, and trade secret misappropriation matters; as well as shareholder, commercial lease, real estate title, environmental contamination, and tax disputes. Allison also handles CPLR Article 78 proceedings, including reviews under the New York State Environmental Quality Review Act (SEQRA). She has significant appellate litigation experience in New York state and federal appellate courts, having briefed and argued appeals on a wide range of issues. For more detailed biographical information, see www.harrisbeach.com.