Joseph F. Castiglione

Partner

phone (518) 438-9907 (Ext. 226)
fax (518) 438-9914
jcastiglione@youngsommer.com

Overview

Representative Matters

 
Joseph F. Castiglione

Joseph F. Castiglione primarily practices in the areas of commercial, contract, real property and land-use permitting matters, administrative and environmental law, with a large portion of his practice dedicated to litigation in State and Federal courts. He works with municipal, individual and corporate clients through all aspects of the litigation process, including developing strategy, formulating the necessary documents and papers to pursue or defend a matter, motion practice, disclosure, conducting relevant trial work including the trial, and handling all aspects of the appellate process. Mr. Castiglione also represents individuals and companies in administrative proceedings brought by governmental agencies for alleged violations of State law and regulations.

Mr. Castiglione dedicates a large portion of his practice to dealing with petroleum issues, including PBS regulatory matters and working with corporate and individual clients endeavoring to resolve/defend claims by the State regarding petroleum and other alleged contamination issues.

Mr. Castiglione also works with many multiple town boards, including zoning and planning boards, on town legislative and zoning issues, including working through the State Environmental Quality Review Act review process, as well as developers working with projects undergoing local permit review and in the SEQRA process. Mr. Castiglione also works with municipal entities in the eminent domain process when those municipalities are engaged in public use projects, as well as represents land owners in valuation litigation seeking to obtain their full and fair value for lands appropriated by government entities through eminent domain.

Mr. Castiglione also has significant experience in representing clients in real property disputes, including representing clients in litigation concerning adverse possession and prescriptive easement claims.

In furtherance of his work on behalf of corporations and businesses, large and small, Mr. Castiglione also represents clients in disability discrimination matters involving access to facilities under Title III of the Americans with Disabilities Act of 1990, and related regulations and statutes.

Mr. Castiglione also represents employers concerning matters involving the New York State Insurance Fund regarding insurance coverage for employees, as well as employers concerning transfer of experience ratings involving assessments by the New York State Department of Labor Unemployment Insurance Division, relating to business transactions.

Mr. Castiglione has lectured about zoning and legislative issues before local municipal boards, and authored multiple articles on civil litigation practice in New York State.

Mr. Castiglione was again recognized as a Rising Star under the category of Environmental Litigation in the 2017 Upstate New York edition of Super Lawyers magazine, after previously having been recognized as such in the 2016, 2015, and 2014 Upstate New York editions of Super Lawyers magazine.

Bar Admissions

New York, 2004
U.S. District Court Northern District of New York, 2004
U.S. Court of Appeals 2nd Circuit, 2007
Supreme Court of the United States of America, 2009
U.S. District Court Southern District of New York, 2012

Education

Albany Law School Union University, Albany, New York, 2003, J.D.
Honors: Cum Laude
Honors: Dean’s List, Spring 2000, Spring 2003
Law Journal: Albany Law School Journal of Science & Technology, Managing Editor of Research and Writing, 2002 – 2003

State University of New York, Plattsburgh, NY, 1999, B.A.
Major: Political Science

Published Works

Discretionary Stays on Appeal by Court Order: A Refresher, New York State Bar Association Journal, October, 2012

A Prevailing Party Can Still Be a “Sore” Winner on Appeal Under CPLR 5501(a)(1); Raising Alternative Arguments That Necessarily Affect the Final Judgment to Ensure Winning on Appeal, Albany Law Review New York Appeals Annual Issue, 2010-2011

The Implications of Responding to Pleadings if a Motion to Dismiss is Denied, New York State Bar Association Journal, February, 2011

A “Moot Point” Is an Ongoing Concern for Everyone, New York State Bar Association Journal, February, 2010

Is the District Attorney a Permissible Guest at a “Pringle Hearing”?, New York State Bar Association Journal, May, 2009

Honors and Awards

Justinian Society

Professional Associations and Memberships

Mohawk Hudson Land Conservancy, 2004 – 2011
Member Board of Directors 2004-2011; Treasurer 2009, 2010
New York State Bar Association, Member
Albany County Bar Association, Member

Past Employment Positions

New York State Senate, Legislative Director, 2000

Legal Assistant Information

Angeline Riccardi, 518-438-9907 x. 234
ariccardi@youngsommer.com

Fleming v. New York City Dept. of Envtl. Protection, 66 AD3d 777 (2d Dept 2009)

The firm represented the developer-respondent, RFB, LLC. RFB and its contract-seller Kent Acres Development Co.,Ltd., who proposed to construct an approximately 280 residential condominium development… Read More

Highview Estates of Orange County, Inc. v Town Bd. of Town of Montgomery, Orange County, 955 NYS2d 175 (2d Dept 2012)

The firm represented Taylor Holdings Group, Ltd/Taylor Biomass Energy in overturning a lower court judgment that annulled several state and local approvals that permit the… Read More

In the Matter of Boro Recycling, Inc., v. The New York City Department of Consumer Affairs, et al., Decision and Order dated April 8, 2011 (Sup Ct, Kings County 2011) (Kings Co. Index No. 22559-10)

The firm represented Boro Recycling, Inc. (“Boro”). For approximately 26 years, Boro had been providing services exclusively to “dealers” and “distributors” of beer and carbonated… Read More

In the Matter of Stratis Contracting Corp., v. Town of Lewisboro, et al., 78 AD3d 1188, 911 NYS2d 667 (2d Dept 2010)

In this case, the firm prevailed in having Stratis Contracting Corp.’s petition for an Article 78 proceeding denied. The firm represented the Town of Lewisboro… Read More

Kent Acres Development Co., Ltd., v. City of New York, 41 AD3d 542 (2d Dept 2007)

The firm represented Lexington Realty Development Corp. and RFB, LLC in obtaining a judgment directing the Town of Kent to allow the Developers to participate… Read More

Nesheiwat v. ElJamal, Sup Ct, Westchester County, 2012, Index No. 615/2011

The firm represented the plaintiff in a successful share holder derivative action and contract dispute involving the sale of commercial property in Westchester County, which… Read More

Village of Coxsackie v. Veolia Water North America – North East, LLC, Slip. Copy 2007, WL2667460 (ND NY 2007)

The firm represented the Village of Coxsackie (the “Village”) in a successful federal court action seeking to enforce a contract against a company hired to… Read More

Village of Delhi, et al. v. Town of Delhi, et al., 72 AD3d 1476 (3d Dept 2010)

The firm represented the Town of Delhi. The Village of Delhi commenced a combined CPLR article 78 and declaratory judgment proceeding against the Town of… Read More

Worcester Creameries Corp. v. City of New York, 54 AD3d 87 (3d Dept 2008)

The firm represented a Delaware County milk processing facility in its successful effort to compel New York City (the “City”) to pay for regulatory upgrades… Read More