Mathew B. Tully

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• Mathew B. Tully

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Mathew B. Tully is one of Tully Rinckey PLLC’s two founding partners. In 2004, Mat worked with his friend from college, Greg T. Rinckey to establish the foundation of what is today Tully Rinckey PLLC. Mat is one of a small number of lawyers licensed to practice law in three different countries. He is an Attorney and Counselor at Law in New York State and is on the rolls of Solicitors in England and Wales as well as being on the rolls of Solicitors in the Republic of Ireland. Mat is also a member of the National Security Lawyers Association

As a practicing Attorney, Mat is one of a small number of Attorneys alive today who has litigated and won before the highest Court in New York State (the New York State Court of Appeals) as well as had a Writ of Certiorari granted and a remand ordered by the Supreme Court of the United States amongst many other appellate victories in various Appellate Courts.  While best known as an employment law Attorney, his current focus is helping mid-sized multinational businesses with complex legal issues.

Before launching his legal career in 2003, Mat served for three years in the U.S. Army as a field artillery officer. After suffering from military discrimination at the hands of his civilian employer, Mat went to law school and received his Juris Doctorate from Brooklyn Law School in 2002. While attending law school part time at night he worked in the Legal Department of Morgan Stanley as a paralegal, his office was on the 65^th floor of 2 World Trade Center on September 11, 2001.  In 2012, Mat received the Purple Heart for injuries he sustained during a suicide bombing while serving in Afghanistan. His service there also awarded him the Bronze Star Medal and Combat Action Badge. His deployment to Afghanistan marked the third time since founding the firm that Mat left his business to selflessly serve the nation.

After two decades of military service, Mat retired from the military at the rank of Lieutenant Colonel in May 2014.  Mat is also a retired Supervisory Federal Law Enforcement Officer, was the Chief of a County wide Law Enforcement Agency in New York State, is currently certified as a Police General Topics Instructor, Police Aerosol Subject Restraint Instructor, and a Police Firearms Instructor by the New York State Division of Criminal Justice Services and has been a certified/sworn/armed New York State Peace Officer for nearly 30 years.

• Representation of corporations and individuals in a wide array of matters including:
  • Mergers and acquisitions
  • Arbitration and dispute resolution
  • Corporate and commercial litigation
  • Commercial leases
  • Labor and employment law
  • Executive employment agreements
  • Buy/Sell agreements
  • Joint venture agreements
  • Operating agreements
  • Commercial loan agreements
  • Licensing and permit acquisition
• Served as outside general counsel for numerous entities in the United States and abroad
• Litigated appeals before numerous Appellate Courts at the state and federal level such as the:
  • United States Supreme Court (1 reported case according to Lexis)
  • United States Court of Appeals for the Federal Circuit (46 reported cases according to Lexis)
  • United States Court of Appeals for the District of Columbia Circuit (3 reported cases according to Lexis)
  • United States Court of Appeals for the Fifth Circuit (4 reported cases according to Lexis)
  • United States Court of Appeals for the Eighth Circuit (4 reported cases according to Lexis)
  • Court of Appeals of New York (1 reported case)
  • Supreme Court of New York, Appellate Division, Second Department (11 reported cases according to Lexis)
  • Supreme Court of New York, Appellate Division, Third Department (24 reported cases according to Lexis)
  • Supreme Court of New York, Appellate Division, Fourth Department (13 reported cases according to Lexis)
• Litigated hundreds of cases before numerous administrative agencies such as the:
  • United States Merit Systems Protection Board
  • United States Equal Employment Opportunity Commission
  • United States Department of Defense Office of Hearings and Appeals (DOHA)
  • New York State Division of Human Rights

• Mathew B. Tully – Jose D. Hernandez v. Dept of the Air Force – Obtained appeal decision from the Merit Systems Protection Board that the board should overturn its original decision and could adjudicate claims of USERRA violations prior to the statute’s enactment in 1994. Jose D. Hernandez, a retired aircraft mechanic for the Air Force contended he was erroneously charged for leave time from 1980 to 2001. Hernandez was granted the petition and the original decision was vacated.
• Mathew B. Tully – Pucilowski v. Department of Justice – Alexander F. Pucilowski Jr., a federal corrections officer and federal air marshal contended he was erroneously charge for military leave from 1989 to 2002 while in the National Guard. Court said a series of its recent rulings on military leave pay cases, including Hernandez, has signaled its view that the Uniformed Services Employment and Reemployment Rights Act should be interpreted liberally to the benefit of guardsmen and reservists. This case resulted in more favorable military leave pay determinations by the U.S. Merit Systems Protection Board toward federal employees who are also in the National Guard or military reserve. “Will expand the time frame for which guard personnel can seek compensation and potentially make their case easier to prove” – Mathew B. Tully
• Mathew B. Tully – Jackson v. United States – The United States Supreme Court vacated the prior judgment upholding defendant’s sentence and remanded the matter to the court for reconsideration of defendant’s sentence in light of Booker.
• Mathew B. Tully – State of New York County Court: Orange County – People v Jones Decision and Order – Client’s 9 year sentence and conviction vacated with Appeal victory.
• Mathew B. Tully – Miller v. U.S. Postal Service – MSPB said reservists who worked at the Postal Service also eligible for back pay because of an erroneous leave policy.
• Mathew B. Tully and Greg T. Rinckey – Collins v. Department of the Agriculture – Filed an appeal alleging that while employed by the Department of the Agriculture he was charged military leave even on non-work days which caused him to use annual, sick, or leave without pay to perform military duties from 1989 -2000. Based on USERRA, the agency was ordered to correct its records and to pay appellant the back pay that was owed.

Court & Bar Admissions

• New York State
• District of Columbia
• U.S. District Court for the Northern, Eastern and Southern districts of New York
• U.S. Court of Appeals for the 1st, 3rd, 4th, 5th, 7th and 11th circuits
• U.S Court of Appeals for the District of Columbia Circuit
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the Armed Forces
• U.S. Court of Appeals for Veterans Claims
• U.S. Air Force Court of Criminal Appeals
• U.S. Navy-Marine Corps Court of Criminal Appeals

Education

• JD: Brooklyn Law School
• BA: Hofstra University

• AV Rated
• Super Lawyer
• Marquis Who’s Who in American Law
• Albany Business Review “Top 40 under Forty” 2006
• Recipient of Arab American Anti-Discrimination Committee Pro-Bono Attorney of the Year Award 2005
• Empire State Counsel Award from the NYS Bar Association
• Irish Echo “40 under 40” 2009