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Thursday, March 18, 2010

/C O R R E C T I O N -- Worby Groner Edelman & Napoli Bern, LLP/

/C O R R E C T I O N -- Worby Groner Edelman & Napoli Bern, LLP/

In the news release, Response to WTC Settlement Protester Avelino Montalvo Who Falsely Claims To Be a WTC Plaintiff, issued 15-Mar-2010 by Worby Groner Edelman & Napoli Bern, LLP over PR Newswire, we are advised that the release incorrectly stated that "Montalvo is ... not eligible to take part in the proposed settlement." That portion of the March 15, 2010 release was apparently incorrect; we have been advised that Montalvo is represented by counsel and that reportedly "a notice of claim was filed on his behalf against the City of New York for injuries he sustained as a result of his exposure to toxins at the World Trade Center site following September 11, 2001." There was no public filing available to verify his status as having filed a notice of claim.

The complete, corrected release follows:

Response to WTC Settlement Protester Avelino Montalvo Who Falsely Claims To Be a WTC Plaintiff

NEW YORK, March 15 /PRNewswire/ -- Avelino Montalvo, an individual widely quoted in the media as negatively portraying the World Trade Center Disaster Site Litigation settlement since it was announced on March 11, 2010 has been found to have an extensive criminal record.

On March 13, Montalvo was featured in a National Public Radio segment by Robert Smith. Montalvo claimed, "[t]hey're going to have to get 95 percent of us to agree [with the settlement]. That's not going to happen." Montalvo falsely claimed there to be one of "us" (i.e., one of the plaintiffs that the settlement concerns) even though he has not filed suit in the litigation. Montalvo further said "[w]e would prefer this to go to trial. We prefer this to go to -- we'll hold off another seven, 10 years if we have to. But we're not going to give in to this. It's not fair to us." It appears that Montalvo got the attention of the press by making a scene as explained by Robert Smith: "Avelino Montalvo stood outside the federal courthouse and heckled the city's lawyer as he tried to speak to reporters."

In a March 12, 2010 New York Times Article by Mireya Navarro, "Hurdles Still Remain for Ground Zero Settlement," Montalvo "said that he would not accept the settlement in view of its size and the high number of plaintiffs." The New York Times has since removed Montalvo's statements; however, the Pittsburgh Post-Gazette, which carried the Times' story on March 13, 2010, continues to exhibit Montalvo's misleading comments.

In a March 12, 2010 article by NY1 reporter Bobby Cuza, "Judge Asks WTC Workers to Weigh In On City's Settlement," Montalvo opined that the settlement does not offer enough money.

Research indicates that Montalvo has pled or been adjudicated guilty of serious crimes including battery and grand theft in the third degree, a felony charge. Montalvo has also been adjudicated guilty or has pled guilty to a myriad of offenses bearing on his credibility, including: Fraud-insufficient funds check, obtained property for worthless check, worthless check and others. A "fugitive warrant" has been issued against him in Florida.

Press Release Contact Information:
Ellen T. Davis
Media Consultant
Worby Groner Edelman & Napoli Bern, LLP
917-301-2918
Ellentdavis@gmail.com

This release was issued through WebWire(R). For more information visit http://www.webwire.com/.


Source: Worby Groner Edelman & Napoli Bern, LLP

CONTACT: Ellen T. Davis, Media Consultant, Worby Groner Edelman & Napoli
Bern, LLP, +1-917-301-2918, Ellentdavis@gmail.com


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