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Law office of Bonnie Lawston

Law Offices of William Cafaro

What Happens If a Beneficiary is also a Witness to a Will?

Author: Bonnie Lawston

Under New York law, a valid will must contain the signatures of two witnesses. There are no requirements regarding the capacity of the witnesses. The testator (person executing the will) must sign in the presence of the witnesses, but they need not sign in each other’s presence. There’s also nothing that prohibits you from having a family member as a witness to your will, but there can be consequences.

Under New York law, a witness who has also has an interest in the estate is known as an “interested witness.” The fact that the will was witnessed by an interested witness does not invalidate the will, but it will render any benefit to the interested witness in the will void. Accordingly, any conveyance of property to an interested witness under a will, even if it’s part of a residuary estate, will be ineffective and will be returned to the estate, to be divided among other beneficiaries.

What Happens If a Beneficiary is also a Witness to a Will?

The “interested witness” rule, however, can apply to more than just property received. Consider the facts in Matter of the Estate of Cynthia R. Wu. In that case, the deceased had a provision in her will that called for estate and inheritance taxes to be paid as debts of the estate, rather than by beneficiaries out of their pro rata share of the estate. The deceased’s brother, the named beneficiary of two life insurance policies owned by the decedent, had also been a witness to the decedent’s will. The court concluded that, because the brother was an interested witness, he was not entitled to the benefit of having the estate taxes paid out of the estate. Instead, the court ordered him to pay his pro rata share of the estate taxes out of the death benefit proceeds.

Contact the Law Office of Bonnie Lawston

At the Law Office of Bonnie Lawston, we focus our estate administration practice on estates subject to probate in Nassau County and Suffolk County on Long Island. Contact our office online or call us at 631-425-7299 or 24/7 at 855-479-4700) to set up a free initial consultation.

Companies Accused of Discrimination or Harassment: What Can You Do?

 

Author: Stephen D. Hans & Associates

Woman suffering from sexual harassment in the workplace

When accusations of discrimination or harassment emerge, employers should consult with an employment law defense lawyer as soon as possible. Aside from seeking counsel, what actions can you take right away and what mistakes can you avoid?

The American Bar Association  suggests avoiding the following mistakes.

  • Failing to investigate immediately. Waiting for an employee to submit a formal statement about harassment or discrimination or waiting for witnesses to submit written statements is the most common mistake made by employers. Any investigation delay can make it appear like you’re ignoring the situation or not taking it seriously.
  • Inserting cross-examination into the process. Conducting an investigation without bias is important for avoiding claims of unfair investigation against your company, even when you suspect a complainant, witness or the accused individual is lying. A better approach is to ask in a respectful manner that the person explain contradictory statements or ask for evidence that refutes the statements.
  • Not maintaining confidentiality. You must keep the investigation confidential along with the information obtained during the investigation. If witnesses suffer backlash from the investigation because their identity is made known or for any other reason, as the employer, you may become subject to claims of retaliation.
  • Not interviewing all witnesses with knowledge of the alleged events. The investigator should interview all the witnesses because it will help determine whether information is consistent.
  • Failing to make known the company’s policy against retaliation. Retaliation is a common problem, according to the EEOC and comprises about one third of the cases the EEOC handles. It is important to reinforce the company policy by reminding all parties that retaliation will not be tolerated against complainants who make good faith claims. This focus also helps protect you as the employer.
  • Failing to conduct a thorough investigation. Overlooking records, such as telephone or cell phone records when they are crucial to an investigation is a common mistake.
  • Failing to end the investigation with a conclusive finding. When investigations end with disputed evidence by both sides and nothing is concluded, the investigation is tantamount to no investigation. Some conclusion must be reached based on a preponderance of the evidence. In other words, the investigator must reach a conclusion that it most likely that the harassment did or did not occur.

Put an Experienced Employment Defense Lawyer on Your Side

Employers dealing with harassment or discrimination issues should seek legal advice as soon as possible. Stephen Hans & Associates brings decades of experience to the table in every case we handle.

 

 

Do You Need a Witness to a Workplace Accident?

Author: Pyrros & Serres

In New Jersey, if you’ve been injured on the job, you have a right to seek benefits to cover your disability, as well as medical expenses. But what if no one actually saw the accident? Can you still recover workers’ compensation benefits if there were no witnesses to your injury? The answer is yes.

There are typically two types of evidence in a legal matter—direct evidence and circumstantial evidence. Direct evidence includes anything a witness had access to directly, either through sight, sound, smell, taste or touch. Circumstantial evidence, on the other hand, involves facts that support a finding, but without any direct access to an event.

We were involved in a workers’ compensation claim where an employee died of a heart attack at his desk at work. No one had been present when the man died. However, through circumstantial evidence, we were able to show the man had been under significant stress on the job. We successfully argued to the workers’ compensation judge and the Workers’ Compensation Board that the reason the man died was related to his job.

Do You Need a Witness to a Workplace Accident?

Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP
Queens, NY Workers’ Compensation Attorneys | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

Tesla Fatal Car Crash: NTSB Reveals Need for Safeguards

Author: Sackstein Sacktein & Lee

The National Transportation Safety Board (NTSB) investigated the Tesla fatal car crash that occurred in May of 2016. The Tesla semi-automated car driven by Joshua Brown crashed into a tractor-trailer and hit it broadside as the trailer made a left turn. More than a year later after the crash, in September 2017, the NTSB stated that Tesla should have had more operation limitations on drivers of semi-automatic cars.

Facts About the Tesla Fata Car Crash

The New York Post reported that the accident occurred in Williston, Florida (southwest of Gainesville) at an intersection. Joshua Brown had set the cruise control for 74 mph two minutes before the crash occurred. The speed limit was 65 mph and neither the driver nor the autopilot sensors noticed the tractor-trailer and consequently neither applied the brakes. An under-ride accident occurred with the car passing under the trailer.

fatal car accidents

Tesla’s Response to the Accident

In June 2016, Tesla said that Autopilot “is not perfect and still requires the driver to remain alert.”

Brown’s family released a state in September that stated, “We heard numerous times that the car killed our son. That is simply not the case,” the family’s statement said. “There was a small window of time when neither Joshua nor the Tesla features noticed the truck making the left-hand turn in front of the car.”

The statement went on to say, “People die every day in car accidents. Change always comes with risks, and zero tolerance for deaths would totally stop innovation and improvements.”

The family’s lawyer and spokesperson for Tesla declined to answer whether Tesla and the family had reached a legal settlement.

NTSB Holds Tesla Accountable

Certainly the truck driver and car driver had responsibility in not noticing each other’s vehicles. However, the NTSB also holds Tesla accountable. The Board believes the car needs safeguards such as the following:

  • Ensuring drivers paid attention and preventing over reliance on the automatic driving.
  • Allowing drivers only to use the system on highways and limited-access roads as the owner’s manual recommends.
  • Restricting use on roadways with cross traffic since the autopilot system does not reliably detect cross traffic.
  • Including further limitations to prevent drivers from misusing the system.

Semi-automatic cars are the bridge between driver controlled cars and completely automated cars. Accidents can occur until the correct balance is achieved and automation changes can actually prevent human errors.

Sackstein Sackstein & Lee, LLP focuses its practice primarily on personal injury cases.

Washington Post Settles Age and Discrimination Lawsuit

The Washington Post recently settled a lawsuit filed by former advertising executive David DeJesus. When bad publicity becomes a greater threat to business than losing money through a settlement, oftentimes businesses opt to settle.

discrim at job interview

Such was the case with the Washington Post. DeJesus claimed that his boss terminated him in 2011 due to racial discrimination. He had enjoyed an 18-year career with the company, and while the Washington Post claimed it based his termination on “willful neglect of duty and insubordination,” an appeals court of three judges decided last year that a jury could hear the case. The appellate court overturned a lower court that dismissed the lawsuit.

The appeals court went on the record as saying, “A jury could properly conclude that the Washington Post’s proffered reason [for the termination of DeJesus] is so unreasonable that it provokes suspicion of pretext.” (New York Post)

 

Further Details about the Age and Discrimination Lawsuit

According to the Observer, David DeJesus brought in more than $1 billion in revenue during his nearly 20 years of tenure with the company. His termination occurred abruptly with his boss cursing and shouting at him. In the federal claim that DeJesus filed in 2014, he also stated that his termination along with the terminations of 47 other older black employers at about the same time were so the company could hire younger, less expensive white employees.

Other affidavits file by former African American Washington Post employees provided details of racial harassment and in particular racial harassment by advertising Vice-President Ethan Selzer. He fired DeJesus without previous discipline or forewarning and told a black female employee to clean the department kitchen and made racist jokes about another black subordinate’s husband. Also, at one point an employee who came to work at the Washington Post wearing a KKK belt buckle was not even disciplined.

Quiet in the Media and with the Settlement

The Observer noted that a number of media outlets ignored the lawsuit and MSNBC did not respond to DeJesus’ request for coverage.

Do You Have Employment Issues that Could Become Legal Matters?

Our attorneys at Stephen Hans & Associates are glad to address your concerns. We offer clients seasoned legal advice based on more than 20 years of employment law experience.

 

Are You New York Website ADA Compliant?

Author: Web Perseverance, Inc

When you think of ADA (Americans With Disabilities Act) compliance, likely wheel chair ramps, sound enabled and/or Braille enhanced traffic signs are what come to mind. However, the law may extend to your website. Even if it doesn’t currently apply in your state, the Department of Justice (DOJ) may soon interpret the law so it does apply to business websites across the country.

ADA compliant website

 

According to this article , over 240 lawsuits were filed against companies mostly in the retail, hospitality, and financial services industries, that alleged the companies had failed to maintain websites that were accessible to the blind and visually impaired and thus were in violation of the ADA. This trend is expected to continue into 2017 and beyond—and lawsuits are expected to increase.

Existing ADA Law is Somewhat Ambiguous

Currently, the law is still a bit ambiguous on whether the ADA applies to certain websites and may depend on your company’s state of residence. However, that may change in the future, and all states may be held to the same standards. Although, currently the remedies on the ADA suits are only injunctions for companies to come into compliance with the law and cover attorney’s fees, the involvement of the DOJ would certainly expand those remedies to include civil fines and penalties.

The Best Strategy – Up Your Compliance Now

To avoid getting dragged through a lawsuit, coming into ADA compliance before you become a target is probably your best strategy. There is every indication that the DOJ is going to deem the ADA applies to commercial websites and are already moving in that direction with government websites.

 

The ADA Best Practices Tool Kit for State and Local Governments may be a good guideline for changes you can make to your website to bring it into ADA compliance. However, to date, there is no a sure-fire checklist for such compliance.

An Easy Solution to ADA Website Compliance

Internet marketing innovators, Web Perseverance, has developed an easy to use website plug-in that can help bring your site into compliance easily and effectively. To see how the plug-in works, please visit Web Perseverance and click on the little man in a circle icon in the upper right hand corner. To discuss getting this plug-in for your website, contact NY Internet marketing specialist today.

Americans with Disabilities Act (ADA)

How Does Your Lawyer Get Paid in a Workers’ Compensation Case?

New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers

When you’ve been hurt on the job, one of your first steps should be to notify your employer and file a workers’ compensation claim to cover medical expenses and lost income. But when you’ve suffered a job-related injury and can’t work, things get pretty tight pretty quickly. When you’re trying to put food on the table, one of the last things you want is to pay money to an attorney. So what do you do?

There’s good news—in New York, when you need to file a workers’ compensation claim, you never have to pay your attorney directly for any work done on your case, whether it’s preparing and filing the application for benefits, or appearing on your behalf at meetings or hearings. The amount that your lawyer will receive is determined by the workers’ compensation and by the workers’ compensation board, and will be calculated based on the range of services provided, as well as the amount of benefits the attorney secures for you.

In workers’ compensation cases, like other personal injury lawsuits, lawyers typically charge a “contingency fee.” That means that your attorney will take a percentage of the amount recovered. The lawyer will only get paid if you actually obtain workers’ compensation benefits, and will typically receive a higher fee if you get a higher monetary award.  A customary contingency fee in New York is 10-15% of the total award or settlement.

How Does Your Workers’ Compensation Attorney Get Paid?

Experienced Queens  Workers’ Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens Workers’ Compensation Attorneys

What are the Real Issues in the Sofia Vergara Embryo Lawsuits

How Have the Cases in Other States Been Coming Out? What are the Rules?

Sofia Vergara, one of the most beautiful women in the world and one of the highest paid women in television[1] was engaged until 2014 to Nick Loeb, the son of a diplomat and philanthropist, great grand-nephew of former New York governor and banking heir Herbert H. Lehman, and cousin of the heir to the Seagram fortune, who admitted that even she thought he was a “dorky guy”.

 

 

 

 

 

They wanted children but she wanted a surrogate to carry the pregnancy to term, so they went through IVF treatment. The first time, one implantation failed, and the surrogate miscarried. They went for a second egg retrieval, resulting in two female embryos,[2] which were cryogenically frozen. After they split up, he wanted the embryos to implant in a surrogate mother, which she refused to allow. Each time she had undergone IVF treatment, they both signed consent forms at the IVF facility which did not specifically say what would happen if they separated, which is required by California law,[3]  but they did say that they would only be implanted if both of them agreed to it.

Why Drag This Through the Courts?

Her lawyers say that Loeb is just trying to keep himself in the public eye, that he had always used her celebrity status to promote his hot dog condiment business[4], and that if he really wanted a family, he should hire a surrogate and an egg donor without unnecessary legal battles. He says that his position is not just about saving lives; it is also about being pro-parent. However, these cases are not really right to life cases, because the chance of successful implantation of viable frozen embryos is a subject of scientific debate, but from a 40 year old egg donor, probably somewhere in the range of around 30% to 40%[5]

Loeb’s Two Previous Girlfriends Who Had Abortions

In the second case Loeb brought against Vergara in California, her lawyers asked to question two previous girlfriends who had aborted pregnancies fathered by Loeb, to try to show that his pro-parent beliefs were not as sincere as he claimed. Vergara won on this issue, and the California judge ordered Loeb to tell her the names of the two prior girlfriends, and also ruled that Vergara’s lawyers could question them under oath. Loeb publicly said he would go to jail before he revealed their names, and apparently abandoned the lawsuit rather so he would not have to obey the judge’s order.

A woman is entitled to bring a pregnancy to term even if the man objects. Shouldn’t a man who is willing to take on all parental responsibilities be similarly entitled to bring his embryos to term even if the woman objects? 

What are the Rules?

There is no federal law in this area, so it depends on what state you live in. Most courts will generally follow the directives on the forms the couple signed at the IVF center, however, the result might have been different if Loeb and Vergara had been married, because they lived in California, a community property state. Embryos clearly are viewed as property in New York, and in a New York case[6] very similar to this one, the wife was denied the right to thaw the embryos over the husband’s objection, based upon the form she had signed. Read More

Sofia Vergara Gets Cajun Justice

Louisiana law, unlike any other state, has a specific law giving embryos rights as legal persons[9], and the judges will resolve any disputes between the “parents” about the embryo in the best interests of the embryo[10], in the same way that judges in all other states decide custody cases in the best interests of the child. For this reason, Loeb filed  another lawsuit in the names of the embryos only, against Vergara in Lousiana state court, and Vergara transferred[11]  the case to the federal court in Lousiana. “Diversity Jurisdiction” in federal court means that the lawsuit is between citizens of different states, and the amount in dispute is greater than $75,000. No federal judge can decide any case without first finding that there is federal jurisdiction, so to decide this, the judge had to decide if the embryos were citizens, even though they were created in a state that did not give them legal status. First, no one knows if embryos can be “citizens” for federal jurisdictional purposes, and no one, let alone a judge, has ever placed a dollar value on an embryo, so how could a judge possibly fix a value in a court case?  The case also presented constitutional questions concerning procreation rights, and whether federal law “preempts” (takes precedence over) the Louisiana state laws giving rights to embryos from artificial insemination, because under Louisiana law embryos cannot be intentionally destroyed. The judge observed that all these difficult questions could be avoided by first deciding whether Sofia Vergara could be sued in the state of Louisiana at all in the first place. Any court, state or federal, needs some specific basis to make anyone answer and defend a lawsuit in any state where they don’t live or have a business[12]. This rule is called personal jurisdiction, and this is what gives the court legal power over anyone who is being sued. In this case, Sofia Vergara lived in California and had the IVF treatment which created the embryos there, she had never lived in Louisiana, she had only made a movie there and rented a house there for a few months. Even if she had, as Loeb claimed, had some conversations with him about the embryos there and that they had planned to live there in the future, that would not be enough to force her to defend any lawsuit in Louisiana. Read More

How Have the Cases in Other States Been Coming Out?

At the end of the day, in almost all of the reported cases in the country, judges have honored the choices the couple made on the forms they signed at the in vitro facilities at the time, but the courts are very reluctant to make someone become a parent against their wishes. The Supreme Judicial Court of Massachusetts has said that even if the signed forms required one of the parties to become a parent against their will, this could not be enforced because it would be against public policy[14].Read More

The result might have been different in the Sofia Vergara case if Loeb had been able show that it was biologically impossible for him to father another child, but we will never know.

[1] Besides earning $325,000 per episode for “Modern Family”, she does extremely lucrative endorsements. A selfie posted on her social media account was used without her permission in an advertisement, which prompted a $15M lawsuit, alleging that this is what she normally gets for an endorsement. While the amount of the settlement against Venus Legacy in March, 2017 was confidential, it was certainly a respectable sum.

[2] “Embryo” is a technical misnomer in these cases. These are actually fertilized ovum, which are more accurately referred to as pre-embryos which can develop into embryos if successfully implanted in a female uterus.

More Footnotes, Read More

What Are Wage Theft Lawsuits in the Restaurant Industry?

Author:by sdhans

A number of wage theft lawsuits and settlements have been occurring during the past five years. However, they haven’t received as much media attention as restaurant workers’ fight for higher minimum wages.

As a restaurant owner, you should be aware of what wage theft is and the ways it can occur. Ensure your restaurant managers aren’t engaging in wage theft activities.

Examples of Wage Theft and Related Lawsuits

Large chain restaurants have been subject to lawsuits for reducing hours, not paying proper wages for side work and for misappropriating tips.

Requiring workers to work off the clock is not legal but some chain restaurants have been settling claims that allege they’ve been doing this. The Huffington Post reported about several well-known restaurant chains that settled or paid huge sums in wage theft lawsuits.

 

Ruby Tuesday settled a case for $3 million in 2014. The restaurant avoided paying bartenders and servers overtime by having them do checklists before or after clocking in for work. They also shaved hour totals down to 40 hours/week when workers went over 40 hours.

Outback Steakhouses settled a $3 million lawsuit to workers claiming that the restaurant required workers to complete pre-shift work before clocking in.

A Papa John’s New York franchise had to pay more than $2 million in overtime rates under the order of New York State Attorney General Eric Schneiderman for rounding down hours worked to the whole number to avoid paying overtime, and for paying workers the “tipped minimum wage” when they mainly did un-tipped work and for not reimbursing employees for the purchase and maintenance costs of bicycles used in deliveries.

Red Robin Restaurants in Pennsylvania paid $1.3 million for requiring tipped workers to share tips with kitchen expeditors when the restaurant was taking tip credits and not paying servers a full minimum wage. Kitchen expeditors had no contact with customers and did not qualify to be paid as tipped workers.

What Are Wage Theft Lawsuits in the Restaurant Industry?

Johnny Rockets had to pay 55 servers more than $570,000 under order of the Department of Labor (DOL) because they required servers to share tips with cooks and dishwashers.

Fourteen TGI Fridays servers received $485,000 to settle claims for having to spend more than 20 percent of their work time doing side work instead of directly relating to customers, which violates the 80/20 rule for tipped employees. Part of this settlement amount was also due to being forced to work off the clock.

Are You Concerned About Wage Theft?

If so, get legal advice as soon as possible. Stephen Hans & Associates is an employment law defense firm and can advise the best course of action for you to take as an employer

Hurricane Irma | How Vital Buses Are Before and After Hurricanes

usc-hurricaine-web

Florida Governor Rick Scott issued an executive order declaring a state of emergency in all 67 counties within the State of Florida, due to Hurricane Irma. He also requested that President Trump declare a pre-landfall emergency for the State of Florida in order to prepare federal government sources and assistance.

usc-hurricaine2-web

How Serious is Hurricane Irma?

Governor Rick Scott announced on his website  that Friday morning, 7,000 National Guard will report for duty. Over the weekend, more National Guard members will be activated, if necessary. In addition to the National Guard, 13 helicopters and more tan 1,000 tactical high-wheeled trucks are on standby. The North Carolina National Guard and other nearby states are ready to assist with evacuating the Florida Keys. In fact, if necessary, there are an estimated 30,000 troops, 4,000 trucks, and 100 helicopters along with Aero-Evacuation crews ready to support people in Florida as needed.

Florida Keys Evacuation Beginning

Mandatory evacuation orders for tourists in the Florida Keys begin Wednesday, September 6. However, people are being urged to leave as soon as possible and that includes tourists and residents. The National Hurricane Center (NCC) is warning about “life threatening wind, storm surge and rainfall hazards for U.S. territories in the Caribbean.”

Many Florida schools and universities are closing Wednesday, September 6.

Why Buses Are Safer and Better for Evacuation

Roads are sure to be congested, if for no other reason than Florida has only a few major highways that head north in the state. Given the fact that a motor coach can take as many as 50 cars off the road, less congestion will occur with people evacuating by bus.

In addition, statistics show that charter buses are the safest form of ground transportation in the country. With a trained, professional driver at the wheel, there are fewer chances of accidents. Highways jam up and gridlock occurs when accidents take place. Avoiding accidents during hurricane evacuation is vital for everyone to make it out safely.

Another factor to consider is that buses are greener than any other type of ground transportation, leaving less of a carbon footprint than even hybrid cars. Evidences of global warming are already occurring. Increasingly severe hurricanes, droughts, tropical storms and other severe weather are effects that scientists have warned about regarding global warning. Irma has been named a Category 5 Hurricane and is one of the strongest ever recorded in the Atlantic Ocean.

It’s reassuring to have your friends, family and loved ones all together on one bus charter. You hear about people getting separated during disasters and can only imagine how stressful that can be.

Plan ahead and charter your bus as soon as possible so you can leave safely together.

Dangers of Flooding Caused by Hurricanes and Tropical Storms

According to the Chicago Tribune, a new study in relation to hurricanes and tropical storms revealed that inland flooding caused more deaths in the U.S. than strong winds, storm surge or tornadoes. The study covered a period between 1970 and 1999.

It showed that out of the 600 people who died in hurricanes, tropical storms and tropical depressions during this time period, 59 percent drowned or were killed from a trauma related to inland flooding. This statistic didn’t include electrocution by fallen or hidden power lines. In fact, 150 people died in motor vehicles as waters rose. The statistics indicated that 63 percent of fatalities occurred in inland counties, 27 percent died in coastal counties and 11 percent were killed offshore.

Buses Are Also Vital for Returning Home After a Hurricane

Evacuating safely is important, but so is returning home. You must be careful returning after a hurricane, especially when flooding is an issue. When you rely on a charter bus to bring you back, you can be sure the driver has detailed information regarding which roadways are safe, which are flooded and the best route to travel. After all, the driver has a whole company behind him and dispatchers who relay vital information.

As far as economical travel, you can’t beat a charter bus. Charter bus rates are reasonable, and with everyone chipping in, it brings down costs. Plus, you don’t have to worry about finding gas, filling your vehicle, checking tires or any of the other tasks involved with driving your own truck or car.

Hurricanes are already stressful events, why not take away some of the stress by putting you and your family in the hands of a professional who’s extensively trained for safety and a vehicle that’s safer and greener than your own?

Reserve Your Charter Today

Reserve ahead and put your worries to rest. You can make reservations online the fast and easy way. But if you need questions answered or want to check out discounts, call 1-888-340-9122. We’re always available to help.