Business owner arrested
By RODNEY MINOR, The Leader-HeraldGLOVERSVILLE - The president of a city tannery was arrested Monday after the state Attorney General's Office said he failed to secure workers' compensation insurance for more than 25 employees.
Michael DeMagistris, 35, the president of Tradition Leather Inc., was charged with failing to provide workers' compensation insurance for his employees from June 16, 2007, until March 10, 2008.
DeMagistris was arraigned in City Court Monday and sent to the Fulton County Jail in lieu of $75,000 bail pending a return court appearance Wednesday, according to a news release from the Attorney General's Office.
An official at the jail said this morning DeMagistris was still there.
In March, an uninsured worker's claim led to an investigation into the West 11th Avenue leather plant. While the Workers' Compensation Board issued a "stop-work" order, DeMagistris continued to operate his business and failed to obtain the required coverage for his employees, the news release said.
Joe Cavalcante, a spokesman for the board, said DeMagistris secured workers' compensation for Tradition Leather on May 21.
Under state law, employers of more than five people who fail to cover their employees through the insurance are committing a felony punishable by up to four years in prison.
"When employers refuse to maintain workers' compensation coverage as required by the law, they cheat the system, the workers, law-abiding employers and taxpayers of New York state," Attorney General Andrew Cuomo said in the release. "This office will vigorously prosecute all those employers who flout the law and pocket profits while not protecting their workers."
A person answering the phone at Tradition Leather this morning said no one was available to comment on the matter.
Cavalcante said changes to the compensation law last year allowed the Workers' Compensation Board to issue stop-work orders.
Since the change in law, 917 stop-work orders have been issued and $5.4 million in fines collected, he said.
DeMagistris is only the second person to be arrested since the compensation laws were changed, Cavalcante said.
Tradition Leather, located on West 11th Avenue, near Kingsborough Elementary School, was fined for a chemical spill that killed fish in 2005 in the Cayadutta Creek, which runs through the property.
The state Department of Environmental Conservation determined various chemicals accidentally got into the Cayadutta after rainwater caused a waste receptacle to overflow and run into the creek.
Tradition Leather was fined $15,000 and required to restock the creek with 3,500 brown trout to replace the ones that were killed.
DeMagistris also was the owner of the former Demi's Leather Corp. building on Briggs Street in Johnstown. The EPA worked with DeMagistris to tear down the building because of contamination concerns.
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RizziBear
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08-25-08 9:09 AM
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What kind of a creep doesn't pay the Workman's Comp and leaves the minimum wage workers exposed to financial ruin if, god forbid, he mangles himself on the machinery. Man alive, it's so irresponsible!
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TraditionLeatherSucks
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08-24-08 3:41 PM
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mike DeMagistris sr doesn't know how to run a hotdog cart let alone a leather mill
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imademo
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08-24-08 3:29 PM
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- Continued- Keep Mikes wife out of it.What gives you the right to critasize her?? She is a good person. So once again stop hidind your screen name so we clean out your family closet!!!
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imademo
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08-24-08 3:22 PM
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First of all I am a DeMagistris!!!I'm proud of my name and my family!So to you "traditionleather*****" You sound like you have alot of anger management problems.Going on and on non stop is almost like you have a little to much time on your hands.Maybe you should try spending that time with your child, instead of acting like a fulton county "dirtgag" slandering someones family!!! As for."Hometownguy"For you to talk about the "DeMagistris" as a whole just goes to show you how arrogant and indifferent you are.Maybe what Mike did was wrong(there are always 2 sides to a story),but that doesnt give you the right to bash the DeMagistris family as a whole!!We have a good family so don't comment on all of us unless you have the guts to let evaryone know who you are.I'm sure we could find some dirt on your family too.All of you have such big comments but yet none has a set big enough to say who you really are!! To"ifyouonlyknew"keep Mikes wife o
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ifuonlyknew
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08-23-08 1:01 AM
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One more thing..... WAKE UP SHEEP SHOULDN'T BE COMMENTING ON ANYONE'S WAGE GARNISHMENTS. IF YOU KNEW ANYTHING, YOU WOULD KNOW THAT NY NO LONGER GIVES ANYONE THE OPTION TO PAY THEIR CHILD SUPPORT WILLINGLY. THE PAPERWORK IS AUTOMATICALLY SENT TO THE EMPLOYER BEFORE THE CHILD SUPPORT PAYER HAS A CHANCE TO EVEN DEFAULT. BUT OF COURSE, IF YOU ARE WHO I THINK YOU ARE, NO WONDER YOUR NOT IN YOU POSITION ANY LONGER, YOU REALLY DIDN'T KNOW MUCH.
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ifuonlyknew
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08-23-08 12:56 AM
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First of all, just so this is clear. I am nor a friend or a worker for Mike. Second, Mike's wife should have been helping her husband along the way making sure he was abiding by labor laws, etc seeing as she was working in Human Resources!!! Where is her dignity and loyalty to her husband to try and help keep him out of trouble and see her family suceed. Thirdly, lets face it the law is the law. If any one of us did somethng unlawful like this the book would be thrown at us. It doesn't and shouldn't matter who you are or what you've done to help the community, or even given people jobs, YOU STILL HAVE LAWS TO FOLLOW!!! Lastly, I do have a heart but as a working american that would never take an employer up the river for anything, If I seriously got hurt at work I shouldn't have to worry if I was covered or not, especially knowing that employers are suppose to carry this insurance!!!!
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TraditionLeatherSucks
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08-21-08 9:46 PM
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SECONDLY, YOUR FACTS ARE COMPLETELY OFF BASE. TRADITION LEATHER HAD AND CONTINUES TO HAVE A LEASE AGREEMENT WITH ANOTHER LEATHER COMPANY WHO DOES HAVE WORKERS' COMP. INSURANCE IN PLACE. As for that comment the attorney general and the state would not have shut the place down if there was comp on their employees you moron. The only time my child support was late was when they weren't sending it in.
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TraditionLeatherSucks
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08-21-08 9:45 PM
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Having your wages garnished for child support does not mean you aren't paying your child support on time. SECONDLY, YOUR FACTS ARE COMPLETELY OFF BASE. TRADITION LEATHER HAD AND CONTINUES TO HAVE A LEASE AGREEMENT WITH ANOTHER LEATHER COMPANY WHO DOES HAVE WORKERS' COMP. INSURANCE IN PLACE.
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WAKEUPSHEEP
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08-21-08 6:16 PM
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TraditionLeather*****: TO SOMEONE WHO THINKS HE KNOWS IT ALL, LEARN ENGLISH. SECONDLY, YOUR FACTS ARE COMPLETELY OFF BASE. TRADITION LEATHER HAD AND CONTINUES TO HAVE A LEASE AGREEMENT WITH ANOTHER LEATHER COMPANY WHO DOES HAVE WORKERS' COMP. INSURANCE IN PLACE. THIRDLY, I FIND IT IRONIC THAT YOU ARE BASHING TRADITION LEATHER FOR NOT CARRYING INS., BUT YOU HAVE TO HAVE YOUR WAGES GARNISHED FOR NOT TIMELY PAYING YOUR CHILD SUPPORT . THE MORAL OF THIS STORY HAS SOMETHING TO DO WITH A GLASS HOUSE AND YOUR BIG MOUTH.
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TraditionLeatherSucks
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08-20-08 11:33 PM
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Hey wakeupsheep you need to wake up. First off that business has ran everyday since they were told not to. let's see good business here try to cash your check and you can't because there isn't any money in Traditions account to cover it. They take child support out of your check and never said it in. When they do send the check in, that bounces too. They alsways get their water shut off for not paying your bills. So wake up I highly doubt the attorney general made all this up.
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dublinbret
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08-20-08 3:55 PM
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who cares WHY there was no insurance? operating a business without is illegal. period. no exceptions. it's like saying "I know why he drove his car drunk and ran over those kids" or "I know why he stole the watch".
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itsjustme
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08-20-08 11:30 AM
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All I know is that i am glad that i dont work for that company...
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kelkel916
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08-20-08 10:45 AM
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I for one know the reason there was no insurance during that time. But do you see it anywhere in this article? NO! If they put the truth in this article then noone would want to read it, it'd be boring. Instead they leave out what they don't want you to know so they can get you all worked up and outraged. Obviously the press has soome of you right where they want you. It's just too bad you don't all know the ENTIRE TRUTH.
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dublinbret
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08-20-08 10:32 AM
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UTAHFRIENDS, are you on crack? How can you honestly say that they will be "vindicated of these trumped up charges"? The state doesn't arbitrarily pick businesses at random and claim that they haven't paid worker's comp. There is a very clear process of discovery, notification, more notification, warning and then FINALLY jail. This has obviously been an issue for quite some time to be at this point. No, I am not a "millrat", in fact I no longer live in NY state, but I do understand a LOT about worker's comp.Keep in mind that the insurance is there to protect the worker AND the business. What do you think happens when a worker gets hurt and there is NO worker's comp? They sue the business owner, putting his personal property at risk. Please research what you want to say before you hit the "Post" button.
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itsjustme
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08-20-08 10:27 AM
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"KelKel" how would you feel if you were one of his employees? Obviously he doesnt care about them!
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WAKEUPSHEEP
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08-20-08 10:26 AM
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LOOK AT ALL THE BOTTOM FEEDERS AND DUDLEY DO GOODERS WHO SIDE WITH ALL THE NEGATIVE PRESS W/O KNOWING THE TRUTH AND/OR THE FACTS. FACT ONE THE TWO WORKERS' COMP CLAIMS FILED AGAINST TRADITION LEATHER WERE OVERTURNED IN A COURT OF LAW. THE CLAIMS WERE FOUND TO BE FRAUDULENT. FACT TWO TRADITION LEATHER IS NOT CURRENTLY OPERATING AND HAS NOT OPERATED SINCE THE STOP WORK ORDER WAS ISSUED BY THE STATE OF NY. THE ATTORNEY GENERAL AND ALL HIS RATS BLATANTLY LIED. I GUESS THAT THIS IS PART OF THE REQUIREMENT TO BECOME GOVERNOR. FACT THREE THE BAIL OF $75,000.00 FOR A CLASS E FELONY IS SO WRONG THAT EVERYONE SHOULD STAND UP AND TAKE NOTE HOW DISHONEST AND FRAUDULENT THE STATE IS AND CAN BE AND WILL BE TO A CITIZEN. HOPE THAT NONE OF YOU EVER HAVE A SITUATION LIKE THIS.
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kelkel916
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08-20-08 10:00 AM
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You can say whatever you want about the Demagistris family. I have grown up with them since I started elementary school and can honestly say they would give me the shirts off their backs if I needed them. They have been there for me through some rough times in my life and I have nothing bad to say about them. For anyone to demean them or wish harm on them based on an article in the newspaper and without knowing the family is just ignorant. Some of the comments on here make you no better than you say Mike is.
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splitz
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08-20-08 7:56 AM
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Break his legs while he's on the job!
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Bill
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08-20-08 4:34 AM
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He should of paid because he now is going to be sued for every penny. THATS WHY THEY HAVE TO GET INSURANCE
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HomeTownGuy
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08-19-08 10:05 PM
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Why does everyone make excuses for people who break the law? Snubbing your nose at NYS is not very smart, remember the hiring of a Nurse being ordered at the County Jail.
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thetruemargot
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08-19-08 9:35 PM
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why is everyone making comments about mike sr it is not mike sr that is in jail it is his son people are unable to change what their parents have donw yet everyone is judging him by how they feel about his father. That is just wrong
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TraditionLeatherSucks
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08-19-08 9:28 PM
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Mike Sr. can't run business. He is a dirtbag.
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UTAHFRIENDS
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08-19-08 9:12 PM
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Having known Mike Sr for 40 years, and his entire family since their beginning, I can say without hesitation that the entire DeMagistris family is one of Fulton Counties finest. Running a big business today is very difficult at best, and the nature of the leather business is even more difficult to operate. The Demi leather businesses have employed hundreds of people over the years, bringing $millions to the local economy and to the tax base. Frankly, I dont know how they keep this business in operation in todays hostile environment for this type of business. Some of the comments above are plain ignorant. People should not be so quick to convict based on a LH article. In the end this business will be vindicated of these trumped up charges. But it will be on the last page of the LH, if at all.
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Silent
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08-19-08 9:02 PM
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IF he had profits to give to the employess, mabe he should have bought them INS.
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HomeTownGuy
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08-19-08 7:54 PM
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Actually, to keep the business opersting when the State issues a stop-work order because the proper employee insurances are not in force is being just plain arrogant and indifferent to the Laws of NYS..
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