Marco Caviglia

Marco Caviglia most recently was a Felony Bureau Chief with the Ulster County District Attorney. Mr. Caviglia has been a successful and effective trial attorney for over 40 years both in private and public practice in multiple criminal and civil fields of law. A complete resume is available at the website: caviglialaw.com.

He limits the number of cases he handles, as he always deals "one-on-one" with clients, so doesn't accept all cases, but in which case will refer you to a reliable attorney if possible.

Albany Law School

J.D. (1981)

Colgate University

B.A. | Political Science/Economics

Chief Counsel

Law Firm of Marco Caviglia

2022 - Current

Chief of Felony Trials

Ulster County District Attorney's Office

2020 - 2022

Chief Counsel

Law Firm of Marco Caviglia

1995 - 2020

Special Counsel

Town of Wappinger

2004 - 2008

Part time

Deputy Town Attorney

Town of Poughkeepsie

2000 - 2001

part time

Partner

Caviglia & Kolb

1988 - 1995

Senior Associate

Steinberg & Kolb

1987 - 1989

Chief Assistant Public Defender

Dutchess County Public Defender's Office

1986 - 1987

Associate

Meiselman, Farber, Stella & Eberz

1984 - 1986

Assistant District Attorney

Dutchess County District Attorney's Office

1980 - 1982

County Legislator

Dutchess County Legislator

1974 - 1975

New York

Since 1981

• Free Consultation
  Non-personal injury consultations are $150, and if hired, credited to retainer making it free. Fee payable at time of consultation. Always free for personal injury cases, even if not retained.

Q. My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation.

January 10, 2024

A: An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate her obligation to pay the $129, it would avoid your husband's paying $300. The ex right now can petition for reduction or elimination of the $129 support based upon the amount the son earns though living a home, though she may not realize it. I think you are concerned about the cumulative effect of loss of $129 and possible obligation to pay $300. The problem is easily avoided if your son decides that he has no desire to move in with his mother. I am very surprised that this is a concern if he was abused by her in his early youth, dad took him in, and still supports him though he has a degree and works and presumably is happy. Is the boy so shallow that you are concerned he will hurt dad by getting a car? Anyway, if he does move in with her, then a reverse argument may be made that he is an adult earning money at his job, and that some or all of that should be used to offset the $300 support the mother will seek. ... Read More

Q. Does my husband have to pay back child support?

January 10, 2024

A: A properly executed separation agreement which includes child support is enforceable without any Supreme Court divorce action, and may be used to have a support magistrate in Family Court proceed, and yes, should result in arrears being paid.

Q. Is there a time limit that a will should be settled by an appointed executor?

January 10, 2024

A: An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of filing for probate. However, short of perhaps addressing funeral expenses, until such letters are granted there is no power. Now, what if the named executor doesn't file? While there is a moral duty, there is no legal duty for the executor to proceed with probate. But there is no reason for a named executor to remain so, as s/he may renounce that and the alternate named executor would proceed, and if none, then the Court, upon application, would decide. If the named executor won't renounce and yet, the executor is dragging his or her feet unreasonably, s/he can be circumvented. Many people can file for probate of the estate besides the executor: a legatee, devisee, fiduciary, or guardian; a creditor of the decedent may file. In fact, any "interested person" seen by the court as such may proceed. And there is no need to wait for the named executor to act, as there is no priority in law that the executor has preference to start the proceeding. So, the answer to your question is: until someone gets tired of waiting and worrying the estate's assets are at risk. ... Read More