Partners

Kevin P. Burke, Esq.

7 Washington Square
PO Box 15085
Albany, New York 12212-5085
518-862-1386
518-862-1393 Fax
Email: kevin@bsmhlawfirm.com

Practice Areas:

  • Construction Litigation
  • Medical and Professional Malpractice
  • General Negligence
  • Products Liability
  • Municipal Liability

Professional Experience: Mr. Burke concentrates in the area of complex personal injury litigation with a particular focus on the defense of construction accidents, professional malpractice and products liability.

Education:

  • Siena College, Bachelors of Arts – 1985, Dean’s List
  • Albany Law School of Union University; Juris Doctorate – 1988.

Admissions & Associations: Mr. Burke is admitted to practice in New York State; the U.S. District Court, and Northern, Southern, and Eastern Districts of New York. He has a professional affiliation with the Albany County Bar Association,  American Arbitration Association, Defense Research Institute, New York State Bar Association, New York State Trial Lawyers Association and The Association of Trial Lawyers of America.

Recognitions: Kevin has been awarded recognition on the “Rising Stars” list in Super Lawyers for Personal Injury-General Defense.  He has also been nominated for the Upstate New York Super Lawyers directory every year since 2007 and has received “Top Attorney” recognition. Mr. Burke has also lectured on defense and trial tactics for the New York State Bar Association and various hospital associations.  He has been honored by his colleagues with the prestigious Martindale Hubbell AV rating, recognizing him as preeminent in his field, the highest rating available from Martindale-Hubbell, the leading independent attorney rating entity. An AV® Rating signifies that the lawyer has reached the heights of professional excellence. Kevin scored 5 out of 5 on all categories including •Legal Knowledge – •Analytical Capabilities – •Judgment – •Communication Ability – and Legal Experience.

Title: Mr. Burke is the managing Partner of the Firm.

Peter M. Scolamiero, Esq.

7 Washington Square
PO Box 15085
Albany, New York 12212-5085
518-862-1386
518-862-1393 Fax

Email: pete@bsmhlawfirm.com

Practice Areas:

  • General Negligence
  • Construction Law
  • Municipal Liability
  • General Commercial Litigation
  • Medical and Professional Malpractice
  • Nursing Home Malpractice
  • Complex Personal Injury
  • Matrimonial Law

Professional Experience: Mr. Scolamiero concentrates in the area of litigation defense with particular focus on complex personal injury, medical malpractice, construction law and municipal liability. He has received numerous awards that include New York State Bar Association Pro Bono Award and J.C. Penny Golden Rule Award for outstanding legal service in the community.

Education:

  • State University of New York at Albany, Bachelors of Arts – 1985
  • Syracuse University College of Law, Juris Doctorate – 1988.

Admissions & Associations: Mr. Scolamiero is admitted to practice in New York State,the U.S. District Court, and Northern, Southern, and Eastern Districts of New York. Mr. Scolamiero is a member of the Albany County Bar Association, New York State Bar Association, New York State Trial Lawyers Association, The Association of Trial Lawyers of America, Defense Research Institute, Italian-American Bar Association and Saratoga County Bar Association.

Title: Mr. Scolamiero is a Partner of the Firm.

Thomas J. Mortati, Esq.

tjm-headshot

7 Washington Square
PO Box 15085
Albany, New York 12212-5085
518-862-1386
518-862-1393 Fax
Email: tom@bsmhlawfirm.com

Practice Areas: Mr. Mortati concentrates in medical and professional malpractice, defending a variety of medical providers and facilities including hospitals and laboratories. He also defends construction accident and defect cases, general negligence cases as well as municipalities, police agencies and public official related claims.

Professional Experience: Mr. Mortati has successfully tried complex cases in New York State from Brooklyn to the Canadian border and over 20 counties in between as well as in Connecticut. He has been honored by his colleagues with the prestigious Martindale Hubbell AV rating since 2002, recognizing him as preeminent in his field.

Mr. Mortati was selected as one of The Top 1% Trial Counsel for Medical Malpractice in 2012. Selectees were chosen through a multi-phase process that includes both third-party surveys and a heavy emphasis on candidates’ individual courtroom performance during the 24 months preceding the selection deadline.

Mr. Mortati has also been nominated for the Upstate New York Super Lawyers directory for Medical Malpractice Defense four years in a row and has received “Top Attorney” recognition. Mr. Mortati was President for the Capital District Trial Lawyers Association  for 2015 having previously served on the Board of Directors beginning in 2009.  He has lectured on defense and trial tactics for the New York State Bar Association and various hospital associations.

Education:

  •  Fordham University, Bachelor’s of Arts – 1988

–  Dean’s List, 1986-1988

–  Metropolitan Collegiate Hockey Conference President’s Award for Academic Excellence in 1988

  • Albany Law School of Union University, Juris Doctorate – 1991

–  Associate Editor of the Albany Law Journal of Science and Technology.

Bar Admissions & Associations: Mr. Mortati is admitted to practice in New York State and Connecticut. He is admitted to the U.S. District Courts for the Northern, Southern, Eastern and Western Districts of New York and the District of Connecticut as well as the U.S. Court of Appeals for the Second and Eighth Circuits and the United States Supreme Court. He is a member of the Albany County Bar Association, New York State Bar Association, Italian-American Bar Association and The Defense Research Institute.

Title: Mr. Mortati is a Partner with the Firm.

 

Jeffrey Earl Hurd, Esq.

7 Washington Square
PO Box 15085
Albany, New York 12212-5085
518-862-1386
518-862-1393 Fax
Email: jeff@bsmhlawfirm.com

Practice Areas: Medical Malpractice, Nursing Home Malpractice, General Negligence/Motor Vehicle Accidents, Municipal Liability, Product Liability, Construction Law, Employment Law including Discrimination and Hostile Work Environment.

Professional Experience: Mr. Hurd has extensive experience in all phases of litigation including numerous jury trials in state and federal courts, arbitration, mediations, and oral argument at the appellate level. Mr. Hurd is on the United States District Court for the Northern District of New York panel of mediators and also serves on the Board of Directors for Art de Cure, a non-profit organization dedicated to raising money and awareness for diabetes research.

Education:

  • Wesleyan University, Bachelors of Arts – 1989
  • Cambridge University School of Law, Cambridge, England – 1991
  • Hamline University School of Law, Minnesota, Juris Doctor – 1992

Associations: Mr. Hurd is admitted to practice in New York State and Minnesota, US District Court for the Western, Eastern, Northern and Southern Districts of New York, the United States Second Circuit Court of Appeals and the United States District Court, District of Minnesota. He has a professional affiliation with the Albany County Bar Association and the New York State Bar Association.  Jeff is the President of the NYSFCBA.

Recognitions:  Jeff has been awarded recognition as a “Rising Star” with Super Lawyers for Personal Injury-Medical Malpractice Defense.

Title: Mr. Hurd is a Partner with the Firm.

Melissa J. Smallacombe, Esq.

437 East Allen Street
Hudson, NY 12534
Phone: 518-671-6004
Fax 518-671-6008
Email:
melissa@bsmhlawfirm.com

Practice Areas: Ms. Smallacombe has nearly three decades of experience defending Commercial General Liability cases including Labor Law, Products Liability, Premises Liability, Contractual Liability and Coverage Disputes as well as Auto Liability cases (Commercial, Personal, Coverage and SUM/UM). She has successfully tried cases in courts throughout New York State.

Professional Experience: Ms. Smallacombe is responsible for all phases of litigation and trial practice through jury selection and verdict. Ms. Smallacombe is a Federal District Court Trained Mediator (2001-present) and also serves on the New York State Committee on Character & Fitness (2009-present) and previously serve on the Red Cross Board of Directors for Northeastern New York (2005-2009).

Education: 

  • Albany Law School, Union College, Juris Doctor – 1984
  • SUNY College at New Paltz, Bachelor of Arts – 1980

Admissions & Associations:  Ms. Smallacombe is admitted to practice in New York State and the United States District Court for the Northern District of New York.

Title: Ms. Smallacombe is a Partner with the Firm.

Judith B. Aumand, Esq.

7 Washington Square
PO Box 15085
Albany, New York 12212-5085
518-862-1386
518-862-1393 Fax
Email: judi@bsmhlawfirm.com

Practice Areas:

  • General Negligence
  • Construction and Labor Law
  • Medical & Professional Malpractice
  • Municipal Liability
  • Products Liability
  • Criminal Defense

Professional Experience: Responsible for all phases of litigation and trial preparation.

Education:

  • Albany Law School of Union University, Juris Doctor 2006
  • Elizabethtown College, Bachelor of Arts 2003

Associations:  New York State Bar Association

Title: Judith is a Partner with the Firm.

Thomas A. Cullen, Esq.

7 Washington Square
PO Box 15085
Albany, New York 12212-5085
518-862-1386
518-862-1393 Fax
Email: tcullen@bsmhlawfirm.com

Practice Areas:

  • Medical Malpractice
  • Personal Injury
  • General Negligence
  • Products Liability
  • Municipal Liability
  • Criminal Defense

Professional Experience: Responsible for all phases of litigation and trial practice. Admitted to practice in New York and Federal District Court.

Education:

  • St. John’s University, School of Law, Juris Doctor – 1996
    American Bankruptcy Institute
    Moot Court Senior Board
    Rev. Joseph T. Tinnelly Award Winner           
    National Moot Court Appellate Advocacy Team
  • SUNY College at Purchase, Bachelor of Arts – 1987

Associations:  New York State Bar Association

Title:  Mr. Cullen is a Partner with the Firm.

 

Peter P. Balouskas, Esq.

7 Washington Square
PO Box 15085
Albany, New York 12212-5085
518-862-1386
518-862-1393 Fax
Email: pbalouskas@bsmhlawfirm.com

Practice Areas:

  • Medical Malpractice
  • Personal Injury
  • General Negligence

Professional Experience: Responsible for all phases of litigation up to trial.

Education:

  • Fordham University, School of Law, Juris Doctor – 1999
    Urban Law Journal Member
  • La Salle University, Bachelor of Arts – 1996

Associations:  New York State Bar Association

Title: Peter is a Partner with the Firm.