As the summer months are winding down, we at Flink Maswick Law want to celebrate our staff and their hard work this year with a firm gathering. On Tuesday, September 17, 2024, our Lake Placid office will be closed from 12:30pm-5pm and our Tupper Lake office will be closed all day to enjoy time together as a team. Responses to emails will be delayed. Voicemail will be monitored. We will reopen on Wednesday, September 18, 2024 at 8:30am. Thanks!

Happy Labor Day! It's a day to honor every worker and celebrate the collective strength of every one of us. We at Flink Maswick Law wish everyone a restful day with family and friends! We will be closed for the Monday, September 2, 2024 holiday.

Edward B. Flink Named 2024 Super Lawyer

As a parent, your children are most likely your biggest concern amid a divorce action. When in such a tough situation, you may wonder what your options are for custody and what the court may look at when determining such an important aspect. To start, custody can be generally defined as the parent’s rights to caring for and raising their child or children. The standard the Court looks to when determining child custody is the best interest of the child. The Court is to approach each situation by looking at the “totality of circumstances” to see what is best for the child and are given a broad discretion in doing so. Common factors that play into this are the child’s needs, the environment of each parent, the parent’s mental health, the relationship between the child and the parent, education, and the parent’s finances. The types of child custody come with different shares of responsibility and rights between the parents. Legal custody refers to the parent or parents who has or have the right to make decisions about the upbringing of the child, such as education, religion, medical needs, etc. Physical custody pertains to where the child remains with and is cared for by. Both legal and physical custody are most often held by the parents as sole (1 parent) or joint custody (both parents). Sole custody grants one parent the right to have physical custody of the child. The child resides with this parent and can solely make decisions on the child’s upbringing and welfare. This parent is typically referred to as the “custodian” of the child. The other parent may be granted visitation, which the custodian parent must allow and abide by. Joint custody can be viewed as both parents sharing the responsibility to make major decisions regarding the child’s upbringing. This can be broken down into physical joint custody or legal joint custody. Physical joint custody refers to the parents splitting time with the child, while legal joint custody refers to the collaboration between the parents on how the child is raised and cared for. While sole and joint custody are different in definition, a Court may impose that the parent granted sole custody must consult with the other parent and decide certain aspects of the child’s life such as medical care, religion, and education, therefore blending sole and joint custody. Please contact our offices and speak with our attorneys if you need assistance with one of these matters. Please always consult an attorney for specific advice, as this article is not intended provide specific advice regarding your matter.

The attorneys at Flink Maswick Law PLLC frequently defend those charged with alcohol-based driving offenses. Questions we hear the most, especially for those charged with an alcohol-based driving offense for the first time, are about the differences in the charges and resulting penalties for those convicted of Driving While Ability Impaired (DWAI), Driving While Intoxicated (DWI), and Aggravated Driving While Intoxicated (Aggravated DWI). One of the major determining factors with respect to what the driver will be charged with between these three offenses is the blood alcohol content (BAC) of the driver, meaning the amount of alcohol the driver has consumed. DWAI can be charged when a driver is alleged to be operating a motor vehicle on a roadway while impaired by consuming alcohol. DWI can be charged when a driver is alleged to be operating a motor vehicle on a roadway with a blood alcohol content of .08 or more. It can also be alleged against those that are allegedly operating their vehicle in an intoxicated condition but refuse to take a blood or breath test. Aggravated DWI can be charged when a driver is alleged to be operating a motor vehicle on a roadway with a blood alcohol content of .18 or more. While DWAI, DWI, and Aggravated DWI are all violations of New York Vehicle and Traffic Law §1192 (though different subdivisions of the law), they each have a different impact on first time offenders for those that are convicted. This is an overview of the potential consequences of each of these charges for first time offenders and is not to be considered a substitute for legal advice. Particular cases and situations should be reviewed with an attorney, as many factors not enumerated here, such as but not limited to having a commercial driver’s license, being a pistol permit holder, having prior convictions, having an immigration status other than permanent, being a resident of a different state other than New York or having a certain profession may cause differing and additional consequences for a defendant. Always seek counsel of your choosing when charged with an alcohol-based driving offense in New York State. The below is of general information for those charged with a first time offense in New York. A DWAI, while just a violation (meaning not a crime, not a misdemeanor or felony), includes several repercussions, including: fines/fees ranging from $300.00 to $500.00 plus a $260.00 surcharge; a 90-day license suspension; possible registration suspension; a Driver Responsibility Assessment for three years at a cost of $250.00 each year to the New York State Department of Motor Vehicles; and likely required attendance at a Victim Impact Panel. The driver will also most likely need to obtain an alcohol and substance abuse evaluation from an OASAS-certified provider and successfully complete any recommended treatment. In most instances, the driver is eligible for a conditional license upon registering for the Impaired Driver Program. In addition to the more moderate consequences than DWI or Aggravated DWI, those convicted of DWAI can continue to represent that they do not have criminal record because it is a violation (so long as they have no other convictions to criminal charges in their past or concurrent with this matter) and are typically not required to install an ignition interlock device in their vehicle. A DWI conviction is a misdemeanor in New York for first time offenders. A first offender can be subject to a fine ranging from $500.00 to $1,000.00 plus a $400.00 surcharge and/or 364 days in jail, probation, a six-month license revocation, possible registration revocation, a Driver Responsibility Assessment for three years at a cost of $250.00 each year to the New York State Department of Motor Vehicles; likely required attendance at a Victim Impact Panel and the installation of an ignition interlock device in all vehicles owned by the driver for at least six months and to pay for that installation and maintenance. The driver will also most likely need to obtain an alcohol and substance abuse evaluation from an OASAS-certified provider and successfully complete any recommended treatment. In most instances, the driver is eligible for a conditional license upon registering for the Impaired Driver Program. DWI is a crime and if convicted, one will have a criminal record. An Aggravated DWI conviction, for first offenders, is a misdemeanor with possible harsher consequences than a DWI. If convicted of Aggravated DWI, a driver is then subject to a fine ranging from $1,000.00 to $2,500.00 and a $400.00 surcharge and/or 364 days in jail, probation, a one-year license revocation, possible registration revocation for one year, a Driver Responsibility Assessment for three years at a cost of $250.00 each year to the New York State Department of Motor Vehicles; likely required attendance at a Victim Impact Panel and the installation of an ignition interlock device in all vehicles owned by the driver for at least six months and to pay for that installation and maintenance. The driver will also most likely need to obtain an alcohol and substance abuse evaluation from an OASAS-certified provider and successfully complete any recommended treatment. In most instances, the driver is eligible for a conditional license upon registering for the Impaired Driver Program. Aggravated DWI is a crime and if convicted, one will have a criminal record. If you find yourself charged with a vehicle and traffic matter, please feel free to contact either of our offices to speak with our attorneys and find out if we can assist.

As we approach the annual celebration of the United States’ independence, we wanted to take a moment to extend our warmest wishes to you and your families. The 4th of July is a time for the celebration with family and friends of the freedoms and opportunities that our country offers. In observance of this important holiday, our office will be closed on Thursday, July 4 th . We will resume normal business hours on Friday, July 5th. We hope you enjoy a happy and safe Fourth of July!

Molly Hann, an attorney/partner with Flink Maswick Law PLLC, was voted by the readers of the Adirondack Daily Enterprise and Lake Placid News as the “Best of the Mountains” in the Attorney/Lawyer category. Molly is honored, and she credits and shares this award with the staff and attorneys at Flink Maswick Law who support her daily since her joining the firm in 2022. Molly is proud to have received this award along with Flink Maswick Law PLLC winning for Best Law Firm in the same Adirondack Daily Enterprise/Lake Placid News contest. Molly focuses on real estate transactions, land use matters, estate planning and administration, not-for-profit guidance, and small business matters. If you find yourself in need of legal assistance, give Flink Maswick Law a call.

Flink Maswick Law PLLC is thrilled to announce that Madison J. Marshall has joined our team as a law clerk! Madison is a current law student at Albany Law School, having completed her first year of school. She is also a graduate of St. Lawrence University. Madison is originally from North Bangor, New York and has future plans of staying in the Adirondacks. At Albany Law School, Madison is an associate to the Anthony V. Cardona ’70 Moot Court Board for the Family Law Competition and Co-Chair of the Women’s Leadership Initiative Fellowship. Madison is interested in practicing family law, matrimonial matters, real estate, and education law in the future, but is trying out many different aspects of law in the interim in supporting the attorneys at the firm.  When not in the office, Madison is usually baking, dancing, or skiing. Let’s welcome Madison to Flink Maswick Law!

Top (L to R): Elliot Vanier, Janell Jansson, Alison Haas; Bottom (L to R): Molly Hann, Rackael Kmack, James Maswick Missing from photo: Ed Flink, Sheila Goss Duerr, Matt Yaniro, Jill O'Sullivan, and Madison Marshall