Michael Y Hawrylchak - Latham, NY

Of Counsel – Civil Litigation, Health Law, Appeals & Critical Motions

Michael Hawrylchak is Of Counsel at O’Connell & Aronowitz, where he focuses on complex litigation and appellate matters across business, health care, public law, and civil rights. Drawing on experience in securities fraud, antitrust, labor and employment, product liability, and general commercial litigation, he is frequently called on for high-impact cases that turn on careful statutory and constitutional analysis.

A former software engineer, Mike brings a technical mindset to his legal work—comfortable with complex records, data, and regulatory schemes. Before joining O&A, he worked for a prominent national firm, focusing on federal civil litigation, including civil rights and securities fraud, among other areas. He later served as Senior Associate and Deputy General Counsel at an NYC-based plaintiffs’ firm handling class and collective actions in federal courts nationwide and previously clerked for Judge I. Leo Glasser of the U.S. District Court for the Eastern District of New York.

Mike’s appellate practice spans state and federal courts, including the New York Court of Appeals, the New York Supreme Court–Appellate Division, and the U.S. Court of Appeals for the Second Circuit. His representative matters include successfully challenging a New York City law permitting non-citizens to vote in municipal elections as unconstitutional under the New York Constitution; winning reinstatement, back pay, and benefits for a state employee denied due process in a disciplinary proceeding; and securing protections for assisted living facilities by requiring notice and a hearing before recoupment of alleged overpayments. He has advanced the rights of parents of developmentally disabled children challenging inappropriate residential placements, helped a college student harmed by inadequate dormitory security seek redress, obtained a new trial for a criminal defendant after prejudicial evidence was improperly admitted, and helped drive a favorable settlement in a disability discrimination coverage dispute after the Second Circuit certified key issues to the New York Court of Appeals. His amicus work includes briefing on behalf of a coalition of national professional associations in a successful challenge to an FDA rule that was ultimately vacated for exceeding the agency’s authority.

Mike earned his J.D., cum laude, from Harvard Law School, where he served on the Journal of Law and Public Policy and the Journal of Law and Technology, and his B.S. in mechanical engineering from the Massachusetts Institute of Technology. He is a member of the New York State Bar Association’s Committee on Civil Practice Law and Rules and serves as an elected Trustee of the Guilderland Public Library.

Notable Successes:

• Briefed and argued appeals to the Appellate Division, Second Department and the New York Court of Appeals on behalf of a coalition of individuals and political parties challenging a New York City law purporting to allow non-citizens to vote in municipal elections. Both the Second Department and Court of Appeals held that the law was void as unconstitutional under the New York State Constitution.
• Briefed and argued an appeal to the Appellate Division, Third Department on behalf of a state employee challenging his termination following an administrative disciplinary hearing. The Third Department held that the employee had been denied due process and ordered his reinstatement and awarded back pay and benefits.
• Briefed and argued an appeal to the Appellate Division, Third Department on behalf of several assisted living facilities challenging the recoupment of Medicaid funds following a retroactive change in payment methodology. The Third Department held that the Department of Health was required to provide the facilities with notice and an opportunity for a hearing to contest the recoupment.
• Briefed and argued an appeal to the Appellate Division, Third Department on behalf of parents challenging an inappropriate residential placement for their developmentally disabled child. The Third Department held that the parents were prejudiced by the state agency’s untimely approval of the residential placement and ordered the agency’s determination annulled.
• Briefed and argued an appeal to the Appellate Division, Third Department on behalf of a college student seeking to hold a State University liable for its inadequate dormitory security that resulted in a violent assault. The Third Department held that the university was not entitled to summary judgment, allowing the student’s claim to go forward.
• Briefed and argued an appeal to the United States Court of Appeals for the Second Circuit challenging an insurer’s denial of coverage for a claim of disability discrimination. The Second Circuit certified the issue to the New York Court of Appeals, resulting in a favorable settlement.
• Briefed an appeal to the Appellate Division, Third Department on behalf of a criminal defendant challenging the admission of prejudicial evidence at trial. The Third Department held that the evidence should not have been admitted and ordered a new trial.
• Drafted an amicus brief on behalf of a coalition of national professional associations in support of a challenge brought in the United States District Court for the Eastern District of Texas to the validity of a new rule adopted by the FDA. The District Court held that the rule exceeded the FDA’s authority and ordered it vacated.