Marco Caviglia Esq.
Law Firm of Marco Caviglia
About Marco Caviglia Esq.Marco Caviglia divides his practice principally among three areas: Personal Injury, Criminal Law, and Matrimonial/Family Law.
Mr. Caviglia has been a trial attorney for 33 years. He graduated from Colgate University in 1973 and from Albany Law School at Union University in 1980. He is admitted to the New York Bar and the Bar for the Federal Courts for the Southern and Eastern Districts of New York. He has served as Chief Assistant to the Dutchess County Public Defender, Assistant District Attorney in Dutchess County, and as County Legislator of Dutchess County. He has also served as Deputy Town Attorney for the Town of Poughkeepsie and Special Counsel to the Town of Wappinger Falls.
Mr. Caviglia is a Diplomate of the National Institute for Trial Advocacy in the teaching of trial advocacy skills to attorneys. He is one of the few attorneys in New York State that is 35-b Board Certified to try capital cases and has been lead counsel in four death penalty cases. Mr. Caviglia serves as Arbitrator on the Second Department Appellate Division. He is also a member of the Dutchess County Society for the Prevention of Cruelty to Animals Board of Directors and an elected Fire Commissioner.
He has been a lecturer to the bar for Continuing Legal Education accredited courses for the NYS Bar Association and the Dutchess County Bar Association in more both Personal Injury and Criminal Law.
During his campaigns for County Judge in 2010 and Family Court Judge in 2012, he was rated as "Highly Qualified" by the Dutchess County Bar Association and "Highly Qualified" by the Governor's Bipartisan Screening Commission for the post sought. He was also personally endorsed by Governor Andrew Cuomo in 2011.
Mr. Caviglia is a member of the New York State Bar Association, the Dutchess County Bar Association, the New York State Association of Criminal Defense Lawyers, the New York State Defender's Association, NYS Women's Bar Association,and the Dutchess County Women's Bar Association.
Mr. Caviglia has served as an Adjunct Professor at SUNY New Paltz in the subjects of Criminology,Deviant Behavior and the Sociology of Law, and is a former Adjunct Professor in Paralegal Studies and the Department of Criminal Justice at Marist College, and the Department of Criminal Justice at Dutchess County Community College, and has authored several articles on legal subjects. Mr. Caviglia was also both the host of "Legal Brief," a radio law program, and a columnist for a similarly titled weekly newspaper column, and is a recurring guest on media programs, such as "Opinion."
- Criminal Law
- Legal Malpractice
- Personal Injury
Additional Practice Areas
- Car Accidents
- General Civil
- Credit Cards Accepted
- Rates, Retainers and Additional Information
- Free consultations for personal injury cases. Flat fees or hourly fees for retained services available depending upon case type.
Jurisdictions Admitted to Practice
|See website, for other experience and details|
|Chief Counsel, Law Firm of Marco Caviglia|
|Special Counsel, Town of Wappinger|
|Deputy Town Attorney, Town of Poughkeepsie|
|Partner, Caviglia & Kolb|
|Senior Associate, Steinberg & Kolb|
|Chief Assistant Public Defender, Dutchess County Public Defender's Office|
|Associate, Meiselman, Farber, Stella & Eberz|
|Assistant District Attorney, Dutchess County District Attorney's Office|
|County Legislator, Dutchess County Legislator|
|Albany Law School - Union College||J.D. (1981)|
|Colgate University||B.A.||Political Science/Economics|
- Overall: 5 Answers
Q. Can a party in a matrimonial action claim a joint account with a deceased parent as an inheritance and not subject to
A: While this question was hypothetically raised in a case shortly after the equitable distribution law was passed in NYS, I am unaware of a definitive case on the matter. The statute does specifically exclude such money from being a marital asset, but it would appear that is should be, given that the source of the funds was from a third party, as gift or devise, and if kept separate and apart from any marital assets (e.g. not commingled, it should be characterized as separate property.
Q. My aunt dies due to wrongful death by the hands of her doctor can i file a lawsuit on her behalf?
A: You may do so provided the wrongful act occurred within 2 1/2 years of the date you start the lawsuit. This is the statute of limitations that applies. Your lawyer will also have to have a doctor certify that in his/her opinion there was medical malpractice before the suit may be filed.