Kyle W. Barnett | Partner

Phone: 845-452-5900 | 800-817-2918
Fax: 845-452-5848
Email: Email Me

Kyle W. Barnett has been practicing law since 1997. Mr. Barnett’s practice focuses on municipal law, zoning, planning, land use and litigation.

Mr. Barnett’s litigation practice includes code enforcement, article 78 matters and real property tax challenges (tax certiorari), family law, criminal defense, personal injury and construction disputes.

A skilled tax certiorari trial attorney, Mr. Barnett has not only tried tax certiorari matters for large commercial properties, but also represents several municipalities as tax counsel.

Mr. Barnett is also an accomplished matrimonial and family law trial attorney who has appeared in courts throughout the state and has tried cases involving custody, distribution of property (including high net worth and complex assets), support and enforcement of court orders.

Practices Areas
Municipal Law | Land Use | Tax Certiorari | Litigation | Matrimonial

Bar Admissions
New York
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York

Education
Quinnipiac University School of Law, Hamden, Connecticut
J.D. – 1996
Honors: Member, Moot Court Honor Society
Honors: Finalist in the National Appellate Advocacy Competition
Honors: Academic Achievement Award
Honors: Financial Scholarship for Demonstrating Excellent Potential in the Field of Litigation

Richard Stockton College, New Jersey
B.A.
Major: Political Science

Classes/Seminars
Adjunct Professor, Civil Litigation and Administrative Law, Marist College

Professional Associations and Memberships
American Bar Association, Member
New York State Bar Association, Member
Dutchess County Bar Association, President, 2005 – 2006

Daniel F. Thomas III | Partner

Phone: 845-452-5900 | 800-817-2918
Fax: 845-452-5848
Email: Email Me

Dan Thomas specializes in all aspects of commercial and residential real estate law, real estate finance, secured transactions, corporate and general business law. A significant part of his practice involves the representation of commercial lending institutions and corporate borrowers in real estate acquisition and construction loans, re-financings and workouts, asset-based and working capital financings, CIRA and U.S. Small Business Association Section 7(a) and 504 loans.

Dan’s practice regularly involves representing individuals in the formation of business entities as well as the acquisition and sale of assets, stock and other ownerships interests in such entities. He is also well versed in the acquisition, disposition and leasing of both commercial and residential real property.

Practices Areas
Commercial Real Estate (including acquisitions and dispositions, leasing and subleasing, investment, financing and development) | Commercial Transactions | Business and Corporate Law (including entity formation and structuring, purchase and sales and contract negotiation) | Residential Real Estate

Bar Admissions
New York, 2008
New Jersey, 2020

Education
Albany Law School of Union University, Albany, New York
J.D., 2007; magna cum laude; Law Review Senior Editor

New York University
M.A. (World History), 2013

Bucknell University
B.A. (Philosophy and Psychology), 2002; cum laude

Representative Matters
Regularly represents large U.S. based-banks in various secured lending transactions of all sizes, including with respect to real estate acquisition and development, cash out financing, revolving credit facilities and U.S. Small Business Association Section 7(a) and 504 loans.

Represented regional building materials supplier in the sale of a forty-nine percent (49%) interest in a joint venture to the majority interest holder.
Represented target accounting firms, veterinary practices and other corporate entities in the sale of each respective business (including stock and assets sales).

Represented not-for-profit educational institution in $18,000,000 acquisition of local historical site subject to various conservation easements and other restrictions.

Represented sophisticated clients in commercial leasing and subleasing matters, including, but not limited to franchisee tenants in large shopping center leases; triple net leases and ground leases.

Formed various business entities (including, but not limited to, limited liability companies, S and C Corporations, not-for-profit corporations and professional service corporations, for various business purposes, including as (i) real estate holding companies, (ii) medical practices, (iii) marriage and family therapy practices and (iv) educational not-for-profits.
Regularly represent individuals in all manner of residential real estate transactions.

Publications
An Examination of the State Farm v. Campbell Standards Test and Why Economically Efficient Rules Do Not Work at the Intersection Between Due Process and Punitive Damages, 70 ALB. L. REV. 367 (2006)

Professional Associations and Memberships
New York State Bar Association
New Jersey State Bar Association
Dutchess County Bar Association

Danielle E. Strauch | Partner

Phone: 845-452-5900 | 800-817-2918
Fax: 845-452-5848
Email: Email Me

Danielle opened her law practice in Poughkeepsie, New York in 2015, offering clients expertise in real estate law, family law (including but not limited to matrimonial, custody and child support proceedings), contract law, and other civil litigation matters.

In 2016, Danielle joined Van De Water & Van De Water, LLP where she continues to specialize in civil litigation, family law (including custody, distribution of property including high net worth matters, support and enforcement of court orders), not-for-profit corporate governance and policy, and residential real estate transactions.

Practices Areas
Matrimonial Law (including resolution of divorce actions; custody and child support disputes; separation and prenuptial agreements) | Civil Litigation | Residential Real Estate (including representation of lending institutions and clients purchasing or selling real property) | Not-for-Profit corporate governance and policy

Bar Admissions
New Jersey, 2011
New York, 2012
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York

Education
Widener University School of Law, Wilmington, Delaware
J.D. – 2011
Dean’s List and Pro Bono Distinction
Law Review Assistant Editor In Chief

Franklin & Marshall College
B.A. (Government), 2007
Dean’s List
Presidential Scholar

Professional Associations and Memberships
New York State Bar Association, Member
Women’s Bar Association of the State of New York – Mid Hudson Chapter, President 2016-2017 and Vice President 2015-2016 & 2017-2018, Co-Chair Fundraising Committee 2019-2020
Mid-Hudson Women’s Bar Association, Membership Director 2019-2020
Dutchess County Bar Association, Member
Junior League of Poughkeepsie, President-Elect 2017-2018 & 2018-2019, President 2019-2020

James E. Nelson | Counsel

Phone: 845-452-5900 | 800-817-2918
Fax: 845-452-5848
Email: Email Me

Jim Nelson has practiced litigation, municipal, commercial and media law for over thirty-five years. As counsel to commercial and not-for-profit organizations, municipalities and media outlets, he regularly handles matters from consultation through completion. In addition, Jim consistently uses techniques to avoid unnecessary litigation and control costs, all while assuring that the results sought by his clients are achieved.

Jim is an active community volunteer. He graduated from Union College with honors in Economics, and from Albany Law School, where he was a member of the Editorial Board for the Albany Law Review. Before returning to his hometown of Poughkeepsie, Jim worked for the major New York City law firm of Cahill, Gordon & Reindel.

Practices Areas
Municipal Law | Commercial & Not-for-Profit | Litigation & Media Law

Bar Admissions
U.S. Court of Appeals, Second Circuit
U.S. District Court Northern District of New York
U.S. District Court Southern District of New York
U.S. District Court Western District of New York

Education
Albany Law School of Union University, Albany, New York
J.D. – 1973
Law Review: Editorial Board of the Albany Law Review, Member

Union College, Schenectady, New York
B.A. – 1970
summa cum laude
Major: Economics

Professional Associations and Memberships
Dutchess County Planning Advisory Board, Member
New York State Bar Association, Member
Dutchess County Bar Association, Member
American Bar Association, Member

John K. Gifford | Counsel

Phone: 845-452-5900 | 800-817-2918
Fax: 845-452-5848
Email: Email Me

John Gifford’s experience in the planning and administration of estates and trusts extends over forty years. Having been the attorney for the Town of Washington and all of its boards for over twenty-five years, he is equally experienced in all areas of municipal law, from attending and advising the Town Board at its monthly meetings to giving legal advice to the Planning Board and the Zoning Board of Appeals. In addition, he has extensive experience in drafting local laws, environmental issues, and planning and zoning problems. Having been involved in virtually every aspect of commercial and residential lending, Mr. Gifford has served as general counsel in the field of banking law for the past twenty-eight years. Mr. Gifford has also lectured extensively on corporate law and estate planning for various organizations, including the New York State Bar Association.

Practices Areas
Estates & Trusts | Municipal Law | Corporate & Banking Law

Bar Admissions
New York, 1971
U.S. District Court Eastern District of New York
U.S. District Court Northern District of New York
U.S. District Court Southern District of New York
U.S. District Court Western District of New York
U.S. Supreme Court

Education
New York Law School, New York, New York
LL.B. – 1970

St Lawrence University, Canton, New York
A.B. – 1967

Representative Matters
Regularly represents large U.S. based-banks in various secured lending transactions of all sizes, including with respect to real estate acquisition and development, cash out financing, revolving credit facilities and U.S. Small Business Association Section 7(a) and 504 loans.

Represented regional building materials supplier in the sale of a forty-nine percent (49%) interest in a joint venture to the majority interest holder.
Represented target accounting firms, veterinary practices and other corporate entities in the sale of each respective business (including stock and assets sales).

Represented not-for-profit educational institution in $18,000,000 acquisition of local historical site subject to various conservation easements and other restrictions.

Represented sophisticated clients in commercial leasing and subleasing matters, including, but not limited to franchisee tenants in large shopping center leases; triple net leases and ground leases.

Formed various business entities (including, but not limited to, limited liability companies, S and C Corporations, not-for-profit corporations and professional service corporations, for various business purposes, including as (i) real estate holding companies, (ii) medical practices, (iii) marriage and family therapy practices and (iv) educational not-for-profits.
Regularly represent individuals in all manner of residential real estate transactions.

Publications
An Examination of the State Farm v. Campbell Standards Test and Why Economically Efficient Rules Do Not Work at the Intersection Between Due Process and Punitive Damages, 70 ALB. L. REV. 367 (2006)

Professional Associations and Memberships
American Bar Association, Member
New York State Bar Association, Member
Dutchess County Bar Association, Former President, 1989 – 1990
Dutchess County Bar Association, Member
Town of Washington, Town Attorney

Rebecca S. Mensch | Associate

Phone: 845-452-5900 | 800-817-2918
Fax: 845-452-5848
Email: Email Me

A native of Beacon, New York, Ms. Mensch is an associate of the firm who specializes in Estate Administration and Planning as well as residential Real Estate.

Ms. Mensch graduated from Vassar College with a B.A. in Classics in 1988. She received her law degree from Albany Law School of Union University in 1991.

Ms. Mensch began practicing law with Van DeWater & Van DeWater LLC in 1992. In addition, she temporarily served as Confidential Law Secretary to the Honorable Judith A. Hillery, Dutchess County Supreme Court in 1992. She was appointed Assistant City Judge for the City of Beacon in 2001 and thereafter left the firm to focus on raising her three boys. She has continuously served the City of Beacon in her capacity as City Judge, and was recently reappointed through 2023. Ms. Mensch returned to Van DeWater & Van DeWater in January 2017 as an associate attorney.

Ms. Mensch is a past Treasurer and President of the Mid-Hudson Women’s Bar Association. She previously served on the Zoning Board of the City of Beacon.

Practices Areas
Estate Planning | Estate Administration | Residential Real Estate

Bar Admissions
New York, 1992
Connecticut, 1991

Education
Albany Law School of Union University, 1991
Vassar College, 1988

Professional Associations and Memberships
New York State Bar Association
Dutchess County Bar Association
Mid-Hudson Women’s Bar Association

Sarah E. Ryan | Associate

Phone: 845-452-5900 | 800-817-2918
Fax: 845-452-5848
Email: Email Me

Sarah is a native of Poughkeepsie who joined the firm after graduating from Pace Law in 2020. During law school she interned for the Civil Division of the United States Attorney’s Office for the Eastern District of New York as well as for the Dutchess County Attorney’s Office, where she developed a keen interest in practicing municipal law.

Sarah is an active volunteer in the community and serves on the Board of the Junior League of Poughkeepsie. Since joining the firm, Sarah’s practice has focused on municipal law, zoning, planning, land use, and litigation.

Practices Areas
Municipal Law | Zoning | Planning | Land Use | Litigation

Bar Admissions
New York, 2021

Education
Elizabeth Haub School of Law at Pace University, cum laude, 2020
Ursinus College, Dean’s List, 2013

Professional Associations and Memberships
New York State Bar Association, Member
Mid-Hudson Women’s Bar Association, Member
Junior League of Poughkeepsie, Board Member 2021-2022, Community Grants Chair 2020-2021

Joseph P. Eriole | Associate

Phone: 845-452-5900 | 800-817-2918
Fax: 845-452-5848
Email: Email Me

Mr. Eriole represents municipalities and private clients in all aspects of zoning, planning, real estate development and commercial real estate transactions, including real estate development, sales, acquisitions, leasing, public and private financing transactions, and Article 78 proceedings.

Mr. Eriole is an honors graduate of Marist College and Albany Law School, as well as an alumnus of Manchester College, Oxford England. He has served as in-house counsel to private and not-for-profit development companies in Saratoga and Ulster Counties. He has advised multiple County, state, and local governments over two decades, and has been an award-winning adjunct professor of law and public administration at Marist College and SUNY New Paltz. He is the former Deputy Comptroller of Ulster County and has served both the New York State Senate and New York State Assembly as counsel. He has been a frequent presenter and clinical instructor of law and management at national venues.

Practices Areas
Municipal Law | Land Use | Real Estate Development | Litigation | Commercial Transactions & Leasing

Bar Admissions
New York
Connecticut
United States Supreme Court

Education
Albany Law School, J.D.
Honors: President’s List, President, Senior Trials Committee
Marist College, Political Science, B.A.
Honors: Cum Laude

Teaching & Seminars
Adjunct Professor, Environmental Law, Marist College
Business Law & Public Administration, SUNY New Paltz (Excellence in Teaching Award)

Matthew W. Lizotte | Counsel

Phone: 845-452-5900 | 800-817-2918
Fax: 845-452-5848
Email: Email Me

Matthew W. Lizotte has been practicing law since 2015. Mr. Lizotte’s practice focuses on municipal law, zoning, planning, land use, and litigation. Mr. Lizotte’s litigation practice includes code enforcement, article 78 matters and civil rights litigation. A skilled appellate attorney, Mr. Lizotte has briefed and argued many cases before the Appellate Division, Second Department, and has practiced before the Second Circuit Court of Appeals.

Practices Areas
Municipal Law | Land Use

Bar Admissions
New York
New Jersey
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. District Court Western District of New York
U.S. District Court Northern District of New York
The District of New Jersey
Second Circuit Court of Appeals

Education
Fordham University School of Law, New York, New York
J.D. – 2014

Stony Brook University, Stony Brook, New York
B.A. Major: Political Science