Fran's practice focuses commercial litigation, commercial mortgage foreclosure, and commercial bankruptcy. He represents creditors and lenders in state and federal court litigation, and he regularly represents secured creditors in Chapter 11 commercial bankruptcies and commercial mortgage foreclosure actions.

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Francis J. Smith, Jr.

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smith@mltw.com
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Phone: (518) 447-3378
 Fax: (518) 867-4778

677 Broadway #500
Albany, New York 12207

Francis Smith joined the firm in 1988 and has been a principal since 1994. His areas encompass appellate practice, commercial litigation, mortgage foreclosure, and bankruptcy, including administrative law as well as all forms of state and federal court litigation representing creditors and lenders. His practice also includes commercial mortgage foreclosures and representation of secured creditors in Chapter 11 commercial bankruptcies.

Prior to joining the firm, Fran spent eight years with the New York State Supreme Court, Appellate Division, Third Department.

Education

J.D., cum laude, Albany Law School of Union University, 1980
Justinian Society

B.A., cum laude, Siena College, 1977

Jurisdictions Admitted to Practice State of New York, 1981
U.S. District Court, Western District of New York, 1993
U.S. District Court, Northern District of New York, 1981
U.S. Court of Appeals, Second Circuit, 1994
U.S. Supreme Court, 2004
Professional Associations and Community Involvement
  • Committee on Character and Fitness to Practice Law for the Third Judicial Department, member
Publications
  • New York State Bar Association Deskbook, Mortgage Foreclosure, Editor
Significant Cases
  • University Heights Association, Inc., Bankr. NDNY# 06-12672 Represented University Heights Association, Inc., in confirmed Chapter 11 reorganization
  • Trager v. Town of Clifton Park, 303 AD2d 875,[3d Dept. 2003] Represented town in successful defense of impact fees
  • Kingsley Arms v. Sano-Rubin Construction Company, Inc., 16 AD3d 813,[3d Dept. 2005] Represented general contractor in successful appeal defending late claim by sub-contractor.
  • Borden v. Capital District Transportation Authority, 307 AD2d 1059,[3d Dept. 2003] Represented defendant on appeal of order that had set aside verdict of no cause
Clerkship
  • Confidential Law Clerk, Hon. A. Franklin Mahoney, Presiding Justice, New York Supreme Court Appellate Division, Third Department
  • Motion Clerk, Appellate Division, Third Department
Awards
  • Martindale-Hubbell Preeminent (AV Rating)
Martindale-Hubbell AV Preeminent