Smith Hoke, PLLC

12/18/2025

In 2010, after reuniting following law school, Wayne and I opened our law practice in a small two room office with a shared conference room. When we first became partners, we had very few clients. Wayne, however, always believed in an “if you build it, they will come” philosophy; one grounded in hard work, loyalty, and empathy. You could always trust Wayne to tell you what you needed to hear, even when it wasn’t what you wanted to hear. He proudly referred to himself as “old school,” and he truly was an extraordinary attorney, a trusted counselor, and an all-around good guy.

Throughout the fifteen years we were partners, we knew this day would eventually come. Wayne never allowed his disability to define him or hold him back. He often reminded me that we’re all day-to-day, so don’t let the inevitability of tomorrow stop you from what you can do today.

At Smith Hoke, we mourn the loss of our namesake and founding partner of the firm. We ask that you keep Wayne and his family in your thoughts and prayers during this difficult time, and, if you are able, do something good for someone else in Wayne’s memory.

10/29/2024

Thanks Marisa Moffatt!

Congratulations to my amazing clients on the purchase of their beautiful new home! ❤️

Their offer was accepted out of multiple offers! 🙌🏻

I am so thankful to have met them, guided them through the process of homeownership & hand them the keys to their new home!

It was awesome working with our solid team of professionals to make this happen! We had an all-star line up who worked together with great teamwork, professionalism & communication! From our attorney, Wayne Smith Smith Hoke, PLLC, our lender Christian LaBier to our inspector Scott Mclaughlin McLaughlin Home Inspections, & awesome listing agent Bruce Bartolotto at Coldwell Banker Prime Properties! I can’t wait for the next one guys! 💪

This stunning colonial offers an open-concept layout perfect for modern living, a large landscaped lot, a heated pool, and is nestled on a serene cul de sac.

📍 37 Harlau Dr, Glenville, NY 12302 sold for 💲540,000

Make sure to call Marisa Moffatt for all things real estate! THE MOFFATT GROUP REAL ESTATE(518) 598-9824

02/08/2023

We were honored to support the Niskayuna/Schenectady inaugural girl's wrestling team this year. Although most were new to wrestling, each put all of their heart into the season and several wrestlers earned the right to compete in the state tournament in Syracuse. Congratulations girls...no better way to honor the 50th Anniversary of Title IX (1972-2022)!

12/17/2021

This week, attorneys from Smith Hoke scored a decisive victory for their clients, four tenured professors in the Music Department at the College of Saint Rose, who had been wrongly terminated. On December 14, 2021, Judge Peter Lynch from the New York State Supreme Court, Albany County, ruled that the College acted arbitrarily and capriciously when it terminated the professors in favor of less-senior members of the Music Department, a violation of their contract. The terminations were vacated, and the professors' tenured positions were restored. The firm views this as not only a victory for their clients, but also a case that sets forth the importance of academic freedom and the tenure process. The outcome is also a victory for the students and community at large, who will now once more benefit from the professors' decades of experience in music education.

Four College of Saint Rose faculty members who were terminated in a round of layoffs last...

11/05/2021

In honor of Breast Cancer Awareness Month, members of Smith Hoke tracked their steps during October in a friendly competition, wore our official pink Smith Hoke PLLC shirts, and donated $500 to the American Cancer Society Hope Club.

06/02/2021

Recently, the EEOC published updated guidance to address issues surrounding COVID-19 vaccines in the workplace. The guidance indicates that employers may:
• Require that all employees who are physically present in the workplace to be vaccinated for COVID-19;
• Offer incentives to employees who can prove that they have been vaccinated for COVID-19;
• Offer incentives to employees to obtain COVID-19 vaccinations, as long as the incentives are not coercive; and
• Provide employees with information about COVID-19 vaccines and the benefits of vaccination.
Employers must still comply with the reasonable accommodation provisions of the Americans with Disabilities Act (ADA) and Title VII. This applies to both vaccinated and unvaccinated employees. Employers are permitted to request or require confirmation about an employees’ vaccination status. If employers receive and maintain information about an employee’s vaccination status, they are required to keep such information confidential pursuant to the ADA.
New York has lifted many of its pandemic-related restrictions over the last few weeks, including social distancing guidelines and mask-requirements for vaccinated individuals. Individuals and business-owners may have different levels of comfort about these changes. Employers should continue open communication with their employees and customers. If you have questions about developing a vaccination policy, or concerns about how your employer is implementing such a policy, the attorneys at Smith Hoke are here to offer guidance.

09/30/2020

Smith Hoke, PLLC has been back at work in our office, here to assist you with your legal needs. We are so excited to see our clients in person, but we are still available for videoconferences if you are unable to come in to the office. We do ask that if you do visit our office, you wear a mask and follow appropriate social distancing guidelines.

03/31/2020

While our attorneys are currently working from home, we are still fully available to our clients. Please contact us with any questions at 518-489-5600, or visit us at http://SmithHoke.com.

03/25/2020

https://www.fmlainsights.com/irs-dol-announce-plan-for-employers-to-swiftly-recover-the-cost-of-providing-coronavirus-related-leave-to-employees/

03/15/2020

We understand your concerns about COVID-19. We have revised our firm emergency policy and are taking the following steps to continue to service our clients:

1. If you have a smart phone or tablet/computer with a camera, we will offer to conduct our consultation remotely using Zoom. Our staff are prepared to help you get it installed and set up as quickly and easily as possible on your device before our scheduled appointment time. This is a simple process and we will do our best to make it as seamless as possible.

2. At this time, we are still seeing clients in our office, but we are practicing social distancing, meaning that we will try to keep at least 6 feet apart from others. While we won't greet you with a handshake, we are still glad to see you.

3. Our public spaces are being sprayed and wiped down after each visit and we will offer you hand sanitizer when we meet.

4. Our staff is prepared to work from home if necessary and we expect even if quarantined, our cases can move forward on pace without delay to our clients.

Please notify us if you have any concerns about our policies and practices. Thank you.

02/14/2020

Does video game currency have to be reported on your tax return? Up until recently, the IRS indicated that it should be. The IRS recently deleted references to video game currency on the IRS website, but there may still be tax consequences surrounding other virtual currency, such as Bitcoin. If you have questions about this complex area, or any other tax questions please contact Wayne Smith.

For months leading up to this tax season, a section of the IRS's website advised players of Fortnite, the popular online video game, that their use of in-game virtual currency could be subject to federal taxes.