Cheryl Korman and Merril Biscone Victorious in a Appellate Division, First Department Decision

Chery Korman and Merril Biscone, a partner and Of Counsel, respectively, in the firm’s Litigation & Appeals Practice Group, were victorious in an  Appellate Division, First Department decision entitled, Scarlino, et al., v. Fathi, et al.  This matter involved the on-going internal controversy surrounding a local union and the political rivalry between its members. Specifically at issue was a provision in a local union’s constitution that precludes an individual from holding an elected position with the union if convicted of “any crime of dishonesty”. The Supreme Court held that our client was banned for life from holding a union office.  We argued that the Supreme Court applied an improper standard and reached the wrong conclusion.  The Appellate Division, First Department agreed with all of our arguments and specifically held that because necessary parties to this proceeding were not joined, this proceeding should have dismissed. 

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Scarlino, et al. v. Fathi, et al.E