Family Law

• Divorce
  The Law Firm of D'Arrigo & Cote provides legal help for individuals and couples at all stages of divorce - whether you are just beginning to think about divorce or have been separated from your spouse for some time. Our experience in Divorce Law in New York spans over 30 years, giving us the ability to provide you with the knowledge you need to address the legal matters surrounding your divorce and it's many issues, including...
• Child Support
  New York State Law requires that child support be based on a percentage of the parties' annual income. The annual income is generally the gross income minus FICA (Federal and State Income taxes are not deducted from the gross income to determine child support) and New York City Income Tax (if applicable). The current percentages for calculating child support obligations are: one child 17%; two children 25%; three children 29%; four children 31%; five or more children 35%. The parties can agree to a higher or lower amount, but a specific reason for the deviation must be included in the written agreement and it is subject to the Court's approval.
• Child Custody and Visitation
  This is New York's no fault divorce. One party has to state that the marriage has irretrievably broken down for a period of six months. All financial issues and custody and visitation has to be settled before the divorce will be granted.
• Premarital Agreement
  A prenuptial agreement may restrict a spouse’s ability to claim a right of election. On the flip side, there are many ways to declare a prenuptial agreement to be invalid. There are also other ways to fight an elective share claim, such as questioning the validity of a marriage or proving the spouse's abandonment of the decedent.
• Guardianship
  Provide for minors or the disabled. If you have minor children, you should seriously consider giving guardianship directions and setting up a trust for the children's behalf. Disabled persons may need you to set up a special needs trust (also known as supplemental needs trust) to avoid losing their government benefits such as SSI and Medicaid after inheriting an estate.
• Spousal Support
• Legal Separation
  We work hard to help you achieve the positive results you want and need for your divorce matters. Whether you want to file a traditional divorce proceeding, take advantage of New York's No-Fault Divorce option, or are interested in starting with a legal separation agreement, we can advise and assist you with the option that is most applicable to your situation.
• Child Abuse

Criminal Law

• DUI/DWI
  If you are charged with a speeding in New York you could be facing court fines and charges totaling hundreds of dollars. At the D’Arrigo & Cote law offices, we can help you with any vehicle and traffic law matter in New York State (including traffic tickets, truck tickets, DWIs, suspensions and automobile accidents). Depending on the circumstances of your ticket, we can often get your ticket reduced to a lesser offense, or in some cases even dismissed. No matter what service, our goal is always to make your legal problem easy and simple. We can help!
• Traffic Violations
  By fighting your ticket, you hopefully can save points, minimize fines and other fees, avoid a suspension or revocation and keep your automobile insurance rates from rising. On the other hand, if you simply put a check in the mail with your traffic ticket you are pleading guilty to the offense that you are charged with. Many people fail to realize that by pleading guilty, you give up your right to a trial, automatically pay fines, take on points to your license, and pay higher insurance rates. Over time, even minor offenses can result in unforeseen consequences.
• Misdemeanors
  Whether your case involves getting a misdemeanor charge reduced to a non-criminal offense, or reducing points on your license, you can count on D’Arrigo & Cote to help you achieve the best possible result. Please feel free to call us at (315) 451-2383 to discuss your ticket. There is never a charge for the consultation.
• Embezzlement
  Contract law affects every industry and every business form. Examples of this are found in realty, commercial and residential agreements that create binding legal obligations between parties. D’Arrigo & Cote works to help business owners to create, administer and even terminate certain contracts where appropriate. In some cases, our experience is applied to liens, disputes and lawsuits to address bad faith, self-dealing, fraud or embezzlement situations.

Business and Corporate Law

• Business Disputes
  At D’Arrigo & Cote, we provide legal representation for plaintiffs and defendants throughout Upstate New York in many types of civil litigation matters. We maintain a high success rate in both prosecuting and defending civil litigation cases involving business disputes, real estate litigation, contract litigation, tort litigation, estate litigation, and other general litigation matters.
• Business Transactions
  Is the firm’s Real Estate Legal Assistant with over 25 years of experience with the firm in real estate closings. Working exclusively in real estate matters, Ms. Packard regularly works with attorneys and real estate professionals throughout the area and is widely recognized throughout the community as an experienced real estate professional. Ms. Packard works closely with Mr. D’Arrigo and Mr. Cote in all aspects of real estate transactions and regularly assists them in the documentation and preparation of wide variety of business transactions.
• Construction Contracts
  He is also admitted to practice before all New York State and Federal Courts, including the Supreme Court of the United States, the U.S. Court of Appeals for the Second Circuit, and the U. S. District Court for the Northern District of New York. He is a member of the Onondaga County Bar Association. Mr. D'Arrigo generally practices in matrimonial law, real estate, commercial law and litigation, including commercial construction contracts and disputes, zoning matters, municipal law, land development and subdivision, and litigation associated therewith.

Property Law

• Real Estate Litigation
  Joann F. Packard is the Office Manager and legal assistant concentrating in real estate matters. Ms. Packard can be reached by email at jp@darrigolaw.com.
• Construction Litigation
  As a lifetime Board member of the Home Builders & Remodelers of Central New York, Inc., Mr. D'Arrigo was solely responsible for the drafting of nearly all of the association's standard contracts, including the Residential Purchase and Construction Contract and Limited Warranty, widely used throughout the Central New York area by the association’s member builders. Mr. D'Arrigo also holds a degree in Engineering and brings a wealth of practical construction and design experience to the Firm's traditional residential real estate practice.
• Real Estate Transactions
  For over thirty (30) years, the Firm has served as counsel to buyers and sellers in residential real estate transactions. The Firm currently serves as examining counsel for Bradt-Luciani Real Property Services. We previously served in such capacity for First American Title Insurance Corporation of New York, Public Abstract and Salina Abstract. Since 1983, the Firm has served as counsel to Heritage Homes, an experienced homebuilder and land developer in the Central New York area. The Firm continues to represent Heritage Homes in all of its businesses and conducts all of its residential real estate closings, which number 40 to 50 per year.
• Land Use and Zoning
• Landlord-Tenant Disputes
  Our Firm represents landlords only. We have successfully evicted hundreds of tenants in Town Courts throughout Central New York as well as the Syracuse City Court. New York's landlord-tenant laws are among the most complex and detailed in the nation. If you are a landlord and need a tenant evicted, there are several appropriate methods to remove a tenant legally and efficiently depending on your particular situation.

Health Law

• Personal Injury
  With over 30 years of experience, D’Arrigo & Cote has pursued recoveries for individuals injured in a wide-variety of cases. We work on a contingency basis - our clients pay nothing unless they are compensated. Our only goal is to help those who have been injured. If anyone in your family has suffered an injury, disease or death from the negligence of any person or company, whether you have had an automobile accident, suffered from a medical mistake, been injured by a defective product, been bitten by a dog, or slipped, tripped or fallen, we can help. Again, we do not get paid until we win your case.

Trusts and Estates

• Estate Planning
  Property in a different state, especially real property, will not be accepted for probate or administration by New York courts. It has to go through the process in the state where it is located. Conversely, if the decedent died in a different state and had property in New York, an separate estate needs to be opened up here for the decedent's property, even if the decedent has never stepped foot in New York. This is called "ancillary probate." Ancillary probate could have been avoided altogether through proper estate planning, by forming a trust in New York. If there is no such trust, there will need to be a separate proceeding in each state. Call our offices today for an appointment to discuss your specific Estate.
• Wills
  If the decedent dies with a Will, the named executor or alternate executor has the first right to act as voluntary administrator. However, the decedent’s Last Will and Testament must be filed with the Surrogate’s Court upon making the application for voluntary letters.
• Trusts
  Minimize or Avoid NY Estate Taxes. We offer many ways to minimize or avoid estate taxes. We can help you set up a variety of trusts, including bypass trusts, credit shelter trusts, charitable trusts, life insurance trusts, AB trusts. We can also help you form a family company to hold your family's wealth estate tax free, or set up an annuity to capitalize on long-term gains.
• Power of Attorney
  Leave Directives for the Event of Incapacity. The law allows you to leave directives for your family in case you will not be able to make your own medical or financial decisions in the future. This can be accomplished by a correctly drafted healthcare proxy, living will and a financial power of attorney (see below).
• Probate