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Discussion with George Santana on his run for Civil Judge

 

We had the pleasure of speaking with George Santana about his run for Judge of Civil Court New York City. While speaking with George, we felt that his story and upbringing is exactly what our country was built on.

“Having been raised by a single immigrant mother has given me a strong work ethic, with the tolerance and judgment to deal with many setbacks and adversities.”

 

Discussion with George Santana on his run for Civil Judge
George Santana

 

DTM: How did you get into the political arena?

GS: Back in the old days prior to the reform democratic movement, old-time political clubs, dating back to Tammany Hall were famous for among other things dishing out jobs and finding apartments for people. The unwritten rule was that in exchange for the club leader’s largess, the recipient “volunteered” around the club when necessary.

In the early 1980s when I was 10 about 11 years old and my mother was in her 50s, the club helped her secure her second job cleaning offices. Back then, my mother worked two jobs as she was paying a whopping $35.00 per month for my Catholic school tuition.  But she was the only breadwinner because my father had walked out never paying child support. 

At the time the club was gearing up for a contested primary election which became an “all hands on deck” project.  Although she never said so, I suppose my mother was embarrassed because she really did not have any skills which could parlay into “volunteering” for the club because she never spoke English fluently.  Furthermore, like many other immigrants lacking a formal education, her skill set was limited to cleaning, sewing, ironing, and cooking. 

 

Discussion with George Santana on his run for Civil Judge
George Santana’s family

So that summer, my mother decided to kill two birds with one stone, by dropping me off at the local political club. I would be her “volunteering” substitute and the club would serve as my babysitter during the daytime which gave my grandmother then in her mid-seventies a break from having me around the house all day long. The club got more than it bargained for and a door opened for me that shaped the course of my entire life.

As an overly curious and precocious child, I wanted to learn everything I was a quick study and was willing to run errands, answer phones, and ride my bicycle all over the City of New York delivering packages to people that to this day were larger than life. 

That political campaign led to another the following year for a lady who was running for New York City Civil Court Judge.  After the lady won the election, I showed up at the Civil Judge’s chambers door a few weeks shy of my 13th birthday and offered to volunteer for her.  That daily volunteering job lasted almost 10 years and sealed the deal for me. I knew right there and then that I wanted to be an attorney and someday also a judge. 

“I was raised to believe that our laws must be obeyed, and our courts must be fair.”

 

Discussion with George Santana on his run for Civil Judge
George Santana

DTM: What is the most important thing that you want to achieve if elected?

GS: If elected, the most important thing that I want to achieve is making the courthouse user friendly for everyone entering through the door.  New York’s judicial system can be confusing and downright overwhelming for both lawyers and non-lawyers alike. Court users must be made to feel that they and their cases will be heard in a dignified and timely manner.

 

Discussion with George Santana on his run for Civil Judge
George Santana

DTM: Where did you grow up?

GS: I grew up in Hell’s Kitchen, and attended elementary school in Chelsea, and high school in the Lower East Side. 

DTM: What is the easiest thing to change that would really make a difference to every day working people?

GS: The easiest thing I will change to make an extraordinary difference to every day working people is respecting their time by taking the bench punctually and ready to hear cases at the time printed on the notices summoning the people to court, not two hours later. 

Discussion with George Santana on his run for Civil Judge
George Santana

“I have known Geroge Santan since he was 13 years old. For almost the entire 35 years I have known George, this is what he has wanted to do and worked so hard to attain – a seat on the bench. Candace C. Carponter P.C. “

 

DTM: What brings you joy?

GS: Since the age of 2, I learned not to take anything for granted and was trained to deal with loss, not to just accept it. My life on a good day has been challenging and on its worst day dreadful. The fact that I got to this point, and that I am in a place where I can help countless numbers of people, directly and indirectly, provides me the greatest joy I have ever felt.   

 

Discussion with George Santana on his run for Civil Judge
George Santana

DTM: Why do you love New York?

GS: I love New York not only because it is my birthplace, but also because it welcomed my parents from Cuba.  New York can be a rough place, but it is also forgiving and embracing. 

DTM: What makes New Yorker’s different than other states?

GS: New Yorkers are tough, fast-paced, no-nonsense.  However, New Yorkers have hearts of gold and we know how to unite and rise to any challenge to help our fellow New Yorkers.

Discussion with George Santana on his run for Civil Judge
George Santana

DTM: If you could change anything about the political arena/system what would you change?

GS: If I could change anything about the political system in New York it would be to make running for office within economic reach.  There are many wise, intelligent, and dedicated people who wish to get involved but are discouraged from becoming so due to the economics of politics.  

DTM: Where is your go-to place on a Sunday afternoon? 

GS: Unless I must prepare for a case or do work that I take home with me, my go-to place on a Sunday is my apartment which I convert into a mini version of Grand Central Station.  I like cooking for friends, and in a typical Cuban style, have more people than the apartment holds. On a given Sunday in my house, the priest is rubbing elbows with a Grammy winner who is rubbing elbows with a taxi driver, who is rubbing elbows with someone I met the week before at the supermarket. It is an opportunity to keep myself grounded and to never forget where I came from.

 

DTM: Is there anything else you’d like to say to our readership

GS: Growing up in a non-traditional, non-conventional setting coupled with attending the “school of hard knocks” has given me the skill set to easily navigate and diffuse difficult situations and cases fraught with raw human emotions while letting everyone walk away feeling that they were heard and that they “won” something.  

 

 ATTENTION NEW YORKERS

Voting options have changed due to the current COVID crisis.

Categories
Doctors Education NYC

Wrongful Death Claim

When someone dies due to the fault of a professional healthcare provider, it’s extremely unfortunate to imagine that an accident or another cause of death can lead to a personal injury case. There are times when injuries sustained are life-threatening and, regretfully prove to be fatal.

For the healthcare industry, wrongful death is a valid concern. It relates to whether negligence was involved, and who was with the patient from the healthcare facility at the time of their passing.

We’ll examine in detail and take a look at how things appear from the perspective of the patient so to gain greater clarity for those potentially involved in such a case.

Not Every Case is a Wrongful Death

It’s fair to say that when someone dies unexpectedly, it’s natural for friends and relatives to look for blame. Emotions are high with a sudden loss, and it can be hard to maintain calm and focus on good reasoning, it’s natural and is to be expected.

Nevertheless, despite the high emotion of the moment, it’s important to appreciate that not every death is wrongful. Negligence on the part of a nurse, doctor or another individual can be difficult to establish and even harder to prove. Quite often, the assigned blame is based on supposition and not the facts.

It’s important to see what the facts are to determine if it was an unfortunate death or a wrongful one. This is where its important to have good attorneys present, they can provide impartial legal opinions using clear and reasoning based on the established facts of the case.

Wrongful Death Cases Are Handled Differently State to State

New York requires that a personal representative be responsible for the financial affairs of the person who has passed away in a wrongful death case. This could be a family member or a friend who is suitable for this role.

It’s up to the court to appoint this individual as a personal representative. Once officially appointed as the trustee, they can potentially file a wrongful death case. At this point, as the representative and trustee, they’re expected to act in accordance with the wishes of the deceased. This may include pursuing a wrongful death case.

Will an Attorney Be Hired in a Potential Wrongful Death Case?

Most people have never had to deal with the estate of a loved one or pursue a wrongful death case. Along with the emotional shock of the person’s passing, it’s a heavy burden to bear.

When having to manage a case of possible negligence, and or failure in the duty of care, hiring an NYC wrongful death lawyer is essential to get the proper representation. The professional council knows what advice to give, how to proceed with this type of case, and the amount of compensation to consider. Without an experienced attorney when involved in this type of case, New York state, and or a court-appointed trustee is going to find it difficult to manage the legal process.

Gaining insight into wrongful death cases and how they may be perceived outside the healthcare profession is tedious work, and can be driven by heightened emotion. Being informed on how to proceed as the patient’s advocate is paramount.

Categories
Business Featured

Attorney Bryan Arce on Sexual Harassment

The #MeToo social media movement is in full swing and providing many women and men who have experienced sexual harassment with a platform to raise their concerns. However, in the midst of this movement, there are still many afraid to come forward out of fear of losing their job, fear of derailing their career or fear of losing their resident visa status. We sat down with Attorney Bryan Arce, of New York City’s Phillips & Associates for insight into how this silent majority can find a voice.

Bryan Arce Attorney

DM – First things first, what constitutes sexual harassment in the workplace?

Bryan Arce – there are many different actions or comments that can constitute sexual harassment.  But at its most basic, sexual harassment consists of unwanted comments or conduct, of a sexual nature, that occur in the context of one’s employment. These sexual comments or conduct are offensive enough to create a  “hostile work environment”. Generally, being asked out once or being told that you are attractive is not sexual harassment. However, it can become sexual harassment if the comments continue over time, especially if they continue after you tell the person making the comments that the comments make you uncomfortable or are unwanted.

DM – After being a victim of sexual harassment, what’s the first step?

Bryan Arce – The first step would be to speak with an attorney to better understand your rights and to discuss the possible claims that are applicable to your situation.  Every case is different and the right lawyer will be able to discuss the next steps that should, or should not, be taken with respect to your employer in general, management or human resources.  

DM – If a victim loses their job as a result of making a sexual harassment complaint, what should they do?

Bryan Arce – Someone who has lost their job in retaliation for complaining of sexual harassment should contact an attorney immediately.  Many times, an employee who is fired for retaliatory reasons is given a severance agreement and a minimal amount of time to review it and sign.  Usually, a severance agreement will have a provision whereby the employee waives all of his or her rights to file a lawsuit for the sexual harassment and retaliation.

Unfortunately, retaliation, while unlawful, still does happen.  The employee is often labeled as a “troublemaker” or “complainer.”  The employee is also blamed for not “going along” and ruining the previous workplace atmosphere, even if it was riddled with unlawful behavior. Often, the retaliation claim is stronger and easier to prove, than the underlying sexual harassment.  

DM – What are your thoughts on the #MeToo movement?

Bryan Arce – The #MeToo movement has removed the shame and embarrassment of being a sexual harassment victim.  Besides empowering more women and men to come forward with their claims and hold their employers, or former employers, accountable for the past illegal conduct, #MeToo has made people realize that if they come forward, they will not only not be alone, but may inspire other people to come forward who otherwise would have been reluctant to do so.  By coming forward person adds momentum to the movement – fuel to the fire.

DM – As someone who is multilingual, have you had many experiences with representing immigrants in the workplace? If so, do you have any tips on coming forward for workers that may fear for their visa status?

Bryan Arce – I have represented a number of immigrant workers with claims of sexual harassment.  Regrettably, many employers believe that this part of the work population is exploitable because of their immigration status.  Employers believe that employees will not complain about sexual harassment for fear of retaliation; either losing a job, having a visa revoked or being reported to immigration authorities.  However, employees in this situation should contact an attorney who can help guide him or her through the process and the possible next legal moves for protection.

Jim Jackson Pexels

DM – Lastly, do you have any tips for employers to create a safe and comfortable workplace?

Bryan Arce – In order for employers to help foster workplace free of sexual harassment, they should cultivate an atmosphere of mutual respect among all employees, regardless of seniority or titles and regardless of gender.  Also, clear policies against sexual harassment should be in place, along with definitive procedures for reporting such harassment. But most importantly, all employees need to be well educated in these policies, and the policies should be enforced equally.  

DM – How does a victim of sexual harassment go about finding the right attorney to represent their case?

Bryan Arce – Law firms are a service industry.  But having an attorney-client relationship is just that: a relationship.  People need to find an attorney with whom they feel comfortable. This is because, as attorneys, we are not only providing legal services but emotional support as well. The emotional part of an employment case is very important to recognize. People tend to spend more time with co-workers than they do at home with family. Many law firms just do not understand this part of the attorney-client relationship.

DM – The legal process can be confusing for those outside of the system, as you well know. What should victims looking for representation be wary of?

Bryan Arce – Victims seeking representation should keep an eye out for firms, or attorneys, that charge an up-front retainer fee or even a fee for an initial consultation.  This can be a sign that the attorney does not “believe in the case” enough to work on a contingency fee basis; the attorney would rather be paid up front or as the litigation progresses.  In that situation, the attorney may not have the same incentive to maximize the value of a settlement or verdict for that case.

DM – What are the advantages of choosing a large firm over an independent lawyer, if any?

Bryan Arce – Litigation itself is expensive, and a larger firm can fund the costs associated with it.  Many smaller firms do not have the financial ability to properly fund those expenses; and therefore, corners may be cut.

Follow the #MeToo hashtag on social media for new developments and stories, and hop over to our Humans of Downtown section for more influential Downtown New Yorkers.

Phillips & Associates, 45 Broadway #620 New York, NY 10006, (212) 248-7431