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Old January 29, 2013, 06:10 PM   #12
Senior Member
Join Date: March 8, 2007
Location: Jamestown, New York
Posts: 256
Brian, thank you for merging these threads. At the time I was on the road and couldn't find this thread.


With all due respect to those who are members of the NRA and other gun rights groups, there are certain factors that Mr. Tresmond had to take into consideration when he filed this case.

The first issue has to do with his clients. An attorney's responsibility, first and foremost, are to his clients. The client is the boss, not the attorney. The attorney is the skilled professional who listens to the needs and wants of his other client and carefully tailors the best logically cohesive argument he or she can that is supported by statute and case law to achieve the client's objective. Mr. Tresmond has clients who were adversely affected by the SAFE Act and directed him to petition the court. They kindly opened this effort to the public as a service to New York's gun owners.

The second issue has to do with the New York State Law: Civil actions in New York State are governed by a draconian code known as the New York State Civil Practice Law and Rules (CPLR). The CPLR was designed to make life brutal for anyone who bring civil actions, particularly challenges to government bodies or officers. New Yorkers need attorneys well versed in the CPLR to handle a such a case; not an out of state attorney from the who is merely admitted to practice in New York.

Mr. Tresmond is a distinguished attorney in Buffalo who has the support and assistance of dozens of attorneys around the State. The arguments made in the petition were elegant and forceful. I think you will all be pleasantly surprised when the Order and Verified Petition is made public.
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