Cheryl A. Massena, Esq.
Arbitration and Mediation
Phone:
718-276-2323
Email:
Associate Adjunct Professor CUNY
School of Labor and Urban Studies
Panels:
American Arbitration Association Roster of Labor Arbitrators; Realty Advisory Board & Local 32BJ, SEIU; RESOLVE (Mediation)
Cheryl A. Massena is an attorney with over twenty years of experience in the fields of criminal law, labor and employment, Medicaid, residential and commercial landlord tenant, family law, no-fault insurance, and civil law prior to the launch of her career as a neutral. She served the people of New York as a prosecutor in Brooklyn. At the New York City Department of Education, she represented management in disputes arising from the UFT and CSA contracts, arbitrations, and Civil Service Section 75 proceedings. Later she represented clients in OTDA in Medicaid claims. Most recently she served as a court attorney in Manhattan Family Court in a busy child abuse and neglect part and then in Brooklyn Civil Court.
Cheryl has supervised numerous serious felony investigations that include homicide, rape, arson and burglary and conducted hundreds of Grand Jury presentations. She has conducted presentations on the topics of Raise the Age (2003), Alternatives to Incarceration for Drug Offenders (2004) Financial Exploitation (2014) and Elder Abuse (2014). She has respondent to whistle-blower claims, harassment, discrimination and retaliation claims.
Cheryl is a graduate of St. John’s University and Quinnipiac University School of Law. She has certification from the Cornel University ILR School Scheinman Institute on Confliction Resolution in Labor and Employment, is an American Arbitration Association Higginbotham fellow, and a participant in the Salon for the National Academy of Arbitrators. She was certified as a mediator by Elena Sapora. Currently, Federal Mediation and Conciliation Service mentor program; and, Cornel University ILR School Scheinman Institute Labor Arbitrator Development Program. She is admitted to practice in the state courts in New York and is a member of the National Bar Association’s Dispute Resolution Section Committee, New York City Bar’s Dispute Resolution Section Committee. Cheryl is an Associate Adjunct Professor at CUNY School of Labor and Urban Studies.
EXPERIENCE
January 2020 to June 2021
Kings County Civil Court
NYS Office of Court Administration
Court Attorney
Reviewed motions, proposed stipulations, and drafted orders in the fast-paced, high volume court parts that address Medical Provider No-Fault Insurance claims, Small Claims, Consumer Debt, Commercial Landlord and Tenant matters. Drafted decisions and orders for review and signature by the Judge. Conferenced and mediated cases via Skype/Teams and email during COVID-19 pandemic. Managed calendar of assigned cases and related correspondence with the parties. Supervised college and law student interns.
January 2018 to January 2020
New York County Family Court
NYS Office of Court Administration
​Court Attorney
Streamlined a high volume, fast paced daily calendar for the Judge. Successfully settled difficult cases with a multitude of issues by being flexible and finding creative solutions that best serve the interest of the children, without the need for a trial or hearing. Screened emergency applications that seek immediate hearings to address the temporary removal of children from their homes or change parent’s access to their children. Reviewed motions, researched and draft proposed decisions on matters pending before the court. Conferenced child abuse and neglect cases filed by the Administration for Children’s Services (ACS) and any related custody, guardianship, visitation, or family offense. Scheduled and conducted conferences, set discovery and motion schedules, monitored compliance with Family Court orders, as well as concurrent criminal court matters. Drafted proposed settlement orders.
November 2013 to December 2017
Freelance Work
Cheryl Massena, Esq.
Drafted pre-sentencing memoranda in state and federal criminal cases and decisions in labor and employment cases. Rendered advice and guidance to fellow attorneys representing clients in disciplinary proceedings before state and city agencies. Taught NYC school administrators about Department of Education employee discipline procedures at St. Rose College. Volunteered in campaigns for District Attorney and Civil Court Judge.
January 2014 to May 2015
Staff Attorney (Part-time)
JASA/Legal Services for the Elderly
Queens, Rego Park, NY.
Represented indigent elderly clients in landlord/tenant matters in Housing Court including negotiating and drafting settlements for clients. Referred and assisted clients with applying for emergency housing monetary grants to avoid eviction - commonly known as a “One Shot Deal”, SCRIE/DRIE and HEAP applications. Represented clients disputing Medicaid provided services in hearings at the Office of Temporary Disability Assistance (OTDA). Monitored Medicaid service provider’s compliance with OTDA’s decisions on covered services, as needed. Appeared in Family Court to petition and argue for orders of protection for victims of physical abuse. Conducted presentations on spotting and preventing elder abuse in New York City Senior Centers. Researched and drafted motions in Housing Court and Medicaid coverage cases, as needed. Supervised and advised a third-year law student in trial preparation and a Medicaid hearing at OTDA. Assisted victims of financial abuse/fraud with filing complaints with the Queens County District Attorney’s Office Elder Abuse Unit and with ceasing collections activity. Compiled unit wide case statistics and wrote mandated bi-annual update to comply with the terms of a judiciary grant.
September 2006 to October 2013
Staff Attorney
New York City Department of Education
New York, NY
Lead trial attorney in Department employee discipline cases that involved allegations of criminal behavior, fraud, harassment, inappropriate touching/comments, domestic violence, and conflicts of interests. Researched and argued labor law and applicable collective bargaining agreements issues. Interviewed of complainants, witnesses and department personnel. Drafted advisory memoranda for the General Counsel to recommend appropriate actions on highly sensitive and press cases. Advised managers and employees about agency rules. Presented cases at the Office of Administrative Trials and Hearings (OATH).
September 1999 to August 2006
Assistant District Attorney
Kings County District Attorney’s Office
Brooklyn, NY
Lead trial attorney in felony and misdemeanor prosecutions. Managed misdemeanor and felony caseload from arrest through disposition. Responded to high-level crime scenes to interview key witnesses and defendants and preserve essential evidence. Investigated and directed investigations of cases to ensure there was sufficient evidence to proceed with an arrest and/or criminal charges. Wrote motions and briefs regarding constitutional issues, including but not limited to search and seizure, freedom of speech versus impact on the public, right to counsel, and proper identification techniques. Drafted search warrants and subpoenas for investigations. Prepared police and civilian witnesses for trial and Grand Jury testimony and presented felony arrests to the Grand Jury. Screened felony arrests and monitored defendants’ participation in post-conviction jail alternative programs.
EDUCATION
2023-2025
Labor Arbitrator Development Program
Cornell University Institute of Labor Relations
New York, NY
2022-2023
Salon Member
National Academy of Arbitirators
New York, NY
2011
A. Leon Higginbotham Fellow
American Arbitration Association
New York, NY
2009
Employment and Labor Arbitration
Cornell University
Scheinman Institute on Conflict Resolution
New York, NY
May 1999
Juris Doctorate
Quinnipiac College School of Law
American Jurisprudence Award for Excellence in Oral Advocacy, 1999.
Hamden, CT
January 1995
Bachelor of Arts
St. John’s University
Psychology major/Biology minor
Jamaica, NY