SPOTLIGHT
SUPER LAWYERS
REAL HEROES
On the morning of Sept. 11, 2001, after Holland &
Knight partner Glenn Winuk helped evacuate his
building on 195 Broadway, he raced the block and
a half to the chaos at the World Trade Center to
offer his services as a trained EMT.
“They didn’t find his remains until the spring
of 2002,” says Andrew “Duke” Maloney III, a
partner at Kreindler & Kreindler, who practices
aviation litigation. Winuk was found wearing
surgical gloves and a stethoscope. His Jericho
Volunteer Fire Company ID was in his wallet,
a medical bag was unearthed near him, and
his body was located near the remains of
other rescue workers. “There was no doubt in
anyone’s mind what he was doing and why he
Winuk’s plaque (above) on the memorial wall
at the firehouse across from ground zero.
His EMT bag (at right) was recovered months
after 9/11.
was there,” Maloney says. “He was acting as a
volunteer EMT, treating victims.”
The federal government didn’t see it that
way. Winuk’s family filed a claim under the
Public Safety Officers’ Benefits Act (PSOB),
which recognizes volunteer rescue workers who
die in the line of duty. “There’s a $250,000
stipend, but more important, this is recognition
by our nation that you died a hero,” Maloney
says. “The Justice Department denied the
Winuks this recognition.”
Maloney, who is also a firefighter, and who
worked on the pile, got involved in the case
after meeting Winuk’s brother, Jay, who did
consulting work for Kreindler. “He came in
my office,” Maloney says. “I have some fire
department memorabilia on my desk, and an
instant bond was sparked.”
The Winuks’ claim was denied in 2003 on
several grounds. “They said you have not proved
that he was providing mutual aid,” Maloney says.
“So if you’re a firefighter from Jericho, Long Island,
and you respond to an emergency in New York City,
you’re supposed to ID yourself as a rescue worker
by showing credentials. They could not put any
witnesses forward that proved he had ID’d himself,
even though the ID was found on him.”
Prior to 9/11, too, Winuk changed his Jericho
status to “associate” rather than “active”;
because living in Manhattan, he couldn’t
keep up with firehouse activities. “They had
requirements, as my firehouse does,” Maloney
says. “Certain training, meetings, and he
couldn’t keep up. So the Justice Department’s
position was that when he did that, he was no
longer an authorized firefighter and therefore
unauthorized to act as a firefighter.
