April - Westchester County Bar Association

Transcription

ST
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S O C I AT
WCBA
APRIL 2015 | VOL. 2 | NO. 4
Spring is here!
It's time to join us for our
Annual Banquet on May 7, 2015 at the Hilton Westchester
to celebrate the induction of WCBA Officers and Directors for 2015-2016.
See pp. 2-3 for more information.
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THE WESTCHESTER COUNTY BAR ASSOCIATION’S MONTHLY MAGAZINE
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50 Year Award Honorees
In addition to the swearing in of our new slate of Officers
Directors and the honoring of the newly-elected and recently-retired judges of the Ninth Judicial District, the WCBA will
continue its tradition of recognizing our fifty years of service
members by presenting them with a “Fifty Year Award” at the
banquet. Congratulations to the following members who have
reached the milestone of having practiced law for fifty years.
Please join us at the banquet as we toast the accomplishments of these Bar members!
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Hon. John L. Alfano
John P. Annicelli
Edward L. Birnbaum
Fred J. Castiglia
Hon. John J. Donohue
William J. Florence
Frank M. Headley
S O C I AT
t He W estcHester c ounty
B ar a ssociation ’ s
117TH ANNUAL
BANQUET
JOURNAL
T hursday M ay 7, 2015
H ilton W estcHester
r ye B rook , ny
Stephen Holden
Robert A. Hufjay
Hon. Peter Lane
William D. London
Anthony J. Monteleone
Lawrence Reich
David M. Wagner
Sponsorship Opportunities
For the Annual Banquet
Sponsorships include mention in all preand post- event publicity in the Magazine,
in e-news, listing on the event poster and
on the website.
Diamond Sponsor: $4,000
10 tickets
Preferred seating
Full page diamond border display ad in the
Banquet Journal
Gold Sponsor: $2,500
5 tickets
Full page gold border display ad in the
Banquet Journal
Silver Sponsor: $1,500
2 tickets
Half page display ad in the Banquet Journal
Bronze Sponsor: $750
1 ticket
Quarter page display ad in the
Banquet Journal
Of course you may purchase additional tables/tickets for
friends and colleagues for the event. For registration information, please see opposite page.
We look forward to seeing you there!
2 I APRIL 2015 I WESTCHESTER LAWYER
ANNUAL BANQUET
KEYNOTE SPEAKER
Hon. Mark C. Dillon
Justice
Appellate Division
Second Judicial Department
Hon. Mark C. Dillon has been a Justice of the Appellate
Division, Second Judicial Department, since the
summer of 2005 and currently occupies one of the
senior “constitutional” seats of the court by the
appointments of Governors Pataki (2005), Paterson
(2009) and Cuomo (2014). He was elected to the
Supreme Court in the Ninth Judicial District in 1999,
and re-elected in 2013. Prior to that, Justice Dillon
served as a Judge of the Westchester County Court in
1997 and as a Town Justice of the Town of Yorktown
from 1988 to 1997.
His career also includes three years as a
Westchester County Assistant District Attorney, and
a total of twelve years as a trial attorney at the White
Plains law firms of Cerussi & Spring P.C. and Dillon &
Sarcone, LLP.
Justice Dillon earned a B.A. from Colgate University,
an M.A. from NYU, and a J.D. from Fordham Law
School. He has been an adjunct professor of New York
practice at Fordham Law School for the past seven
years and was voted “Adjunct Teacher of the Year” by
its student body in 2009. He has published seven law
review articles during the past seven years through the
Albany, Pace, NYU, Cardozo, and Hofstra Law Schools.
Justice Dillon also recently published a 449-page
hard cover book of legal history entitled The Montana
Vigilantes 1863-1870: Gold, Guns & Gallows, one
of five books nominated nationally in 2014 for the
“History Book of the Year Award” of the Mountains
and Plains Independent Booksellers’ Association. He
is currently working on another history book, Lincoln’s
Quandaries: The Sioux Indian War of 1862.
Justice Dillon is active in a joint program of
Fordham and St. John’s Law Schools, where he
volunteers some time during most summers teaching
mediation techniques to West African tribal chiefs,
priests and imams, at a law school that is under
construction in Sunyani, Ghana.
You are cordially invited to attend the WCBA’s
117th Annual Banquet
Thursday, May 7, 2015
Cocktail Reception: 6:00 p.m.
Dinner and Program: 7:30 p.m.
Hilton Westchester
699 Westchester Avenue, Rye Brook, NY
DAWN KIRBY
Outgoing President
Sponsorships Available
Diamond: $4,000
Gold: $2,500
Silver: $1,500
Bronze: $ 750
For more information please see
facing page or contact Luis Rivera at
914-761-3707 ext. 50 or
[email protected].
Souvenir Dinner Journal Ads
Don’t miss out on the opportunity to be seen in the
Souvenir Dinner Journal! Ads are reserved on a first-come,
first-served basis. To reserve your space for this special occasion,
please contact 914-761-3707 ext. 40, or [email protected].
Ad submission deadline: Friday April 24, 2015
Souvenir Dinner Journal Ad Pricing
Inside Front Cover (color)$700 Gold Border Page (bw) $400
Full Page (bw)
$350
Half Page (bw)
$200
Quarter Page (bw) $100
P. DANIEL HOLLIS III
Incoming President
Keynote Speaker: Hon. Mark C. Dillon
Honoring: Outgoing President Dawn Kirby
Newly-elected President P. Daniel Hollis III
Newly-elected Officers and Directors
50 Years of Service Award Recipients
Ticket Pricing
Includes cocktail reception, hors d’oeuvres & dinner
Member (by April 30)
Member (after April 30)
Table of 10 (by April 30)
Table of 10 (after April 30)
NLS Member (by April 30)
NLS Member (after April 30)
Non-Member (by April 30)
Non-Member (after April 30)
$ 160
$ 190 $1,500
$1,800
$ 100
$ 135
$ 210
$ 245
THANK YOU TO OUR SPONSORS
PLATINUM
Enea, Scanlan & Sirignano, LLP | Shamberg Marwell Hollis Andreycak & Laidlaw, P.C.
DIAMOND
Cabanillas & Associates, P.C.
BRONZE
A.J. Benet, Inc.
RESERVATION AND PAYMENT INFORMATION:
*If purchasing a table or multiple tickets, please provide a list of attendees by April 30.
Name(s):*__________________________________________________________________________________________
Email: _____________________________________________________________________________________________________
Firm:______________________________________________Business Telephone:________________________________________
# TICKETS ______ @ ________ each
Subtotal____________
# TABLES ______ @ ________ each (*Please attach a list of attendees.)
Sponsorships: o Diamond: $4,000 o Gold: $2,500 o Silver: $1,500 o Bronze: $750
TOTAL ____________
Method of payment: check/money order enclosed $ _______ or charge to: o Mastercard o Visa o AMEX o Discover Card
Card number:_____________________________________________________ Expiration Date:____________ Sec. Code: ______
Credit card billing address:_____________________________________________________________________________________
Name on the card:___________________________________________________________________________________________
ONLINE: go to the calendar on our website: www.wcbany.org, or fill out this form and
MAIL: mail form and check made out to “WCBA” TO: WCBA, One N. Broadway, Suite 512, White Plains, NY 10601
SCAN/EMAIL: return this scanned form via email to: [email protected] or FAX form to: 914-761-9402
WESTCHESTER
LAWYER I APRIL 2015 I 3
For additional information please contact Luis Rivera, Esq., ext. 50 or Michael Kremen, Esq.,
ext. 20 at 914-761-3707.
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IN THIS ISSUE…
WESTCHESTER
LAWYER
THE WESTCHESTER COUNTY BAR
ASSOCIATION’S MONTHLY MAGAZINE
Published by the
Westchester County Bar Association
One North Broadway, Suite 512
White Plains, NY 10601
Tel.: 914.761.3707 | Fax: 914.761.9402
Email: [email protected] | www.wcbany.org
OFFICERS AND STAFF
Dawn Kirby, Esq.
PRESIDENT
P. Daniel Hollis III, Esq.
PRESIDENT-ELECT
Stephanie L. Burns, Esq.
VICE PRESIDENT
Jon A. Dorf, Esq.
VICE PRESIDENT
Richard Vecchio, Esq.
SECRETARY
Julie Cvek Curley, Esq.
ASSISTANT SECRETARY
Kelly M. Welch, Esq.
TREASURER
David B. Bruckman, Esq., MS Tax
ASSISTANT TREASURER
Richard M. Gardella, Esq.
EDITOR-IN-CHIEF
Luis Rivera, Esq.
EXECUTIVE DIRECTOR
Michael Kremen, Esq.
DIRECTOR OF OPERATIONS
Mary Ellen McCourt
DESIGN & PRODUCTION MANAGER
BOARD OF DIRECTORS
Mayo Bartlett, Esq.
David B. Bruckman, Esq., MS Tax
Salvatore DiCostanzo, Esq.
Diana Bunin Kolev, Esq.
Hon. Michael McDermott
Stephanie Melowsky, Esq.
Tejash Sanchala, Esq.
Chauncey Walker, Esq.
Submission of material to the WCBA for inclusion in the
Westchester LAWYER, Bar Journal, Website or other
WCBA publication grants the WCBA limited copyright
and full permission to reprint the material in any WCBA
publication, on the WCBA website, or with LexisNexis
or Westlaw at any time without additional consent.
Please note that any opinions expressed in the articles
contained herein are solely those of the author(s) and
do not constitute positions taken by the WCBA.
p. 6
p. 9
p. 17
p. 17
p. 28
FEATURES
2-3
Annual Banquet Sponsorships & Registration Form
6
Warning to Non-Attorneys: Florida Takes Major Step in
Preventing the Unauthorized Practice of Elder Law
By Anthony J. Enea, Esq.
9
ABA House of Delegates Report
By Hon. Adam Seiden
10
PHOTOS: Chinese New Year & Passing the Bar Event
11
LAST CHANCE! Get Admitted to the U.S. Supreme Court!
14
PHOTOS: WCBA's Annual Meeting & Past President's Dinner
17
CALL TO ACTION: WCBA's Summer Intern Program Seeks Firms
to Host Interns
By Karen Beltran, Esq. & Evelyn Miller, Esq.
25
CALL FOR NOMINATIONS: Above the Bar Awards
26
WCBA Member Benefits Listing
27
WCBA Lawyer Referral Service Information
DEPARTMENTS
5President’s Message
By Dawn Kirby, Esq.
12
Member Spotlight: An Interview with Andrew P. Schriever, Esq.
By Tejash V. Sanchala, Esq. 16
What’s Going On
20
Pro Bono Opportunities
22
CLE Center
24
Looking Forward
28
From the Back Bench
By Richard M. Gardella, Esq.
30
Classifieds
30
Advertising Rates
FROM THE PRESIDENT
BY DAWN KIRBY, ESQ.
On May 1, yeah, I will join a prestigious
club whose members are some of the
nicest folks I know—the WCBA past
presidents. Thank you to all of them
for their guidance and support this
year. Special thanks to John Marwell
for being my mentor in the New York
State Bar Association, a truly priceless
opportunity I would not have had
without him.
This year we partnered with Pace
Law School to expand our CLE
programming. Watch out for online
CLEs coming soon to the WCBA
website. We created the modern
Westchester Lawyer, our monthly
magazine.
We continued to run important
services such as administering the
18 B Panel and the local Grievance
Committee, which reviews lower
level complaints. We launched a
new website. We administered the
Mock Trial Competition for high
school students held at the Supreme
Court and we hosted the Regional
Championships. We expanded
our brand and technology while
maintaining our core values of
promoting the legal profession.
As the economy picks up the WCBA
is on the sturdiest financial ground
in years. Thanks to the outstanding
membership efforts of Past President
Jody Fay and Membership Committee
Chair Richard Vecchio, our membership
is solidly over 2000 strong.
A great deal of the credit for our
financial health must go to our
Treasurer and soon to be Presidentelect Kelly Welch. Kelly completely
overhauled our bookkeeping system
and steered the Budget and Finance
Committee through some difficult
decisions. She unwaveringly sacrificed
a great deal of her time to create
a strong basis from which the
organization will continue to grow
and flourish (and she's pretty fun to
hang out with too!).
Speaking of our future, I am so proud
to pass the presidency to Dan Hollis.
Dan is currently working on the next
strategic plan to take the WCBA
into the future. Dan has been an
incredible partner during the last
year. His wisdom and enthusiasm are
unmatched. I consider myself lucky to
call him my friend.
Speaking of friends, Jody Fay, you
are the kindest most thoughtful and
giving person I know. Jody created the
WCBA annual event to honor veterans.
Every single day she contributes to the
success of the WCBA. Jody, I treasure
your friendship and I certainly would
not be here without you.
(continued on page 8)
SAVE THE DATE: WESTCHESTER COUNTY BAR ASSOCIATION’S ANNUAL
GOLF OUTING & DINNER
Monday, July 13, 2015
W ykagyl C ountry C lub
1195 North Avenue, New Rochelle, NY
Enjoy a glorious day of golf on the beautiful course at Wykagyl Country Club.
Begin your day with a luncheon buffet, play 18 holes with your friends and colleages and
end the day with an elegant sunset dinner and awards presentation.
SPONSORSHIPS ARE AVAILABLE
For more information contact: Luis Rivera: 914-761-3707, x 50, or [email protected]
WESTCHESTER LAWYER I APRIL 2015 I 5
WARNING TO NON-ATTORNEYS
Florida Takes Major Step in Preventing the
Unauthorized Practice of Elder Law
By Anthony J. Enea Esq.
O
ver the last decade, numerous non-attorney controlled
entities have cropped up
nationwide offering Medicaid and
elder law planning services. Many
of these entities have branched into
these services from traditional home
care and geriatric care management
services, others are newly created
entities and agencies. The services
provided by these entities range
from the preparation and filing of
Medicaid nursing home and home
care applications, rendering advice
regarding Medicaid eligibility, drafting personal service contracts, drafting qualified income trusts (in some
states), rendering advice about ob-
taining Medicaid benefits as well as
providing advice about the restructuring/spending down of assets for
Medicaid eligibility.
In many instances, non-attorneys
have provided the aforementioned
services with financially disastrous
consequences to members of the
general public. Although the prepa-
In essence, all that may be permitted by
the non-attorney is the ministerial act of
completing and filing the application.
ration and filing of a Medicaid application by a non-attorney is not considered the unauthorized practice of
law, doing so without considering all
relevant legal factors and issues can
be quite dangerous. All too often the
services provided by these non-attorney entities have pushed the envelope towards the unauthorized
practice of law, and have resulted in
non-attorneys providing what is legal
advice in areas where they lack any
knowledge or training.
Issues for which a non-attorney
should not, in my opinion, be providing advice include:
(1) filing a Medicaid application for
a spouse relevant to the financial liability that might potentially
result from a spouse executing a
"spousal refusal,"
(2) the estate and income tax consequences resulting from the transfer and restructuring of assets,
(3) the preparation of personal service contracts,
(4) structuring and implementing a
Medicaid crisis plan, and
(5) how to utilize a pooled community trust.
On January 15, 2015, in response to
a request of the Florida Bar (petition
by its Elder Law Section), The Florida Supreme Court in The Florida Bar
Re: Advisory Opinion-Medicaid Planning Activities by Nonlawyers (Fla:No.SC14-211, 1/15/15) ruled that
non-lawyers who engage in various
Medicaid planning activities are en-
gaging in the unauthorized practice
of law.
he or she can qualify for services;
and
The Florida Bar had targeted three
specific activities engaged in by a
non-lawyer leading up to a Medicaid
application as being the unauthorized
practice of law. The three activities
targeted were:
(3) The rendering of legal advice regarding the implementation of
Florida law to obtain Medicaid
benefits. This has been perhaps
the most ambiguous and dangerous of the activities engaged in by
non-attorneys.
(1) The drafting of personal service
contracts. These are agreements
generally by and between an individual (applicant for Medicaid)
and a third party (generally a
family member) delineating specific care services to be provided
and the compensation thereof.
They are generally utilized so
that the transfer of funds for the
purported care to be provided is
not deemed an "uncompensated
transfer"/gift which creates the
60 month look back period for
Medicaid nursing home eligibility;
(2) The preparation and execution of
qualified income trusts (QIT). Apparently, these are trusts utilized
in Florida when an applicant for
Medicaid has income over the
limits permitted to qualify for
Medicaid long term care services
(including nursing home care).
These trusts must contain specific terms and must be irrevocable.
They must provide that the funds
remaining in said trust upon the
applicant's death be turned over
to the state. The income deposited into these trusts allows the
applicant for services to retain income outside of the trust so that
In its decision, the Florida Supreme
Court directed that the Florida Bar's
Standing Committee on the Unauthorized Practice of Law revise its proposed advisory opinion to exempt the
activities of the staff (non-lawyer) of
Florida's Department of Children and
Families relevant to their duties to
assist the public with the preparation
and filing of Medicaid applications.
The Court then approved the resulting revised advisory opinion in its entirety and held that non-lawyers that
engage in the following are engaging
in the unauthorized practice of law:
(1) Drafting a personal service contract;
(2) Determining the need for, preparing and executing a qualified
income trust (including the gathering of information necessary to
draft the trust);
(3) Selling personal service contracts
or qualified income trusts or any
kits relevant to Medicaid planning; and
(4) Rendering legal advice regarding
continued on page 11
FROM THE PRESIDENT
(continued from page 5)
Last but never least thank you to the WCBA staff. One of
my favorite experiences this year was working with our new
Executive Director Luis Rivera. Lu is filled with unbounded
energy and ideas for the organization. I know he will do
amazing things! Director of Operations Michael Kremen
smoothly transitioned to running all of our CLE programming
and is also filled with ideas and projects for our future.
To Mary Ellen McCourt, lady, you are a true artist and a
beautiful soul. Your imagination created our new monthly
Westchester Lawyer magazine. Thank you for making us all
look so good. To Gloria Willette and Ashley Paletta, thank
you for keeping our Lawyer Referral Service connecting
members of the public in need of legal services with our
attorney members. If your name is not on the lawyer referral
list, what are you waiting for?
I look forward to continuing to serve the WCBA membership
as immediate past president in the upcoming year!

Report from the ABA House of Delegates
policies on criminal justice, immigration and law student debt were paramount
ABA House of Delegates
Meets in Houston, Texas
By Hon. Adam Seiden
The 2015 Midyear meeting of the
American Bar Association House of
Delegates was held in Houston, Texas
on February 9, 2015. We were initially
welcomed by Hon. Annise D. Parker,
the mayor of Houston.
The agenda of the House included 23
proposals of which 5 were passed on
a consent calendar. Of the other 18
items, two were marked withdrawn
and policies on criminal justice, immigration and law student debt were
paramount. Once again the agenda
seemed watered down with little debate. In fact only one agenda item had
opposition presented from the floor.
For some reason the sponsors of the
agenda items avoid debate on their
proposals. Virtually any opposition
that cannot be “worked out” will result in a withdrawal of the proposal
until the language of the proposal can
be changed to satisfy everyone concerned. The result of this process is
unfortunate. We end up with neutral
policies that are often intentionally
ambiguous. We avoid a thorough vetting of important and critical matters.
The New York delegation, under the
leadership of State Delegate, Mark
Alcott, Esq. is working to modify the
process so that the items that come
before the House are debated rather
than softened to avoid conflict.
After a two year study by a task force,
the House approved a policy urging
local governments to eliminate and/
or refrain from passing laws that elim-
inate the duty to retreat before using
force for self-defense in public spaces
(stand your ground laws). The study
included five public hearings and testimony from numerous experts. It concluded that such laws increase rather
than decrease the level of violence.
... The New York delegation,
under the leadership of State
Delegate, Mark Alcott, Esq.,
is working to modify the process so that the items that
come before the house are
debated rather than softened
to avoid conflict.
The House voted to support government appointed counsel for unaccompanied minors in immigration
proceedings. Apparently actual fact
finding hearings have proceeded for
numerous children without the benefit of counsel. This is a hot topic.
What rights do these children have?
Who should pay the cost of protecting
these rights?
The House also adopted a measure
requesting that law schools provide
debt counseling and education to students and young lawyers. Apparently
focus groups have shown that many
debt ridden young lawyers would not
have borrowed so much money for
tuition had they been aware of other options. The same proposal calls
on bar associations to provide debt
counseling and money management
training to young attorneys. Perhaps
our New Lawyers section could pick
up on this as a CLE program.
Other adopted resolutions included:
1. For government to enact laws
that protect consumers against
fraudulent foreclosure loan rescue practices;
2. For governments to enact laws
which allow for civil orders of protection outside the context of an
existing relationship of the parties; and
3. Urging States that have a death
penalty statute to allow imposition of the death penalty only by
unanimous decision of a jury. For
your information, only Florida,
Alabama and Delaware do not require unanimous verdicts in a capital punishment matter.
For more specific information on any
of these issues, please contact me
at [email protected]. It is
a pleasure representing our Association at the House of Delegates.
Hon. Adam Seiden is the WCBA delegate to
the American Bar Association. He is a past
president of the Westchester County Bar
Association, is currently and has been since
1995 Associate Judge of the Mount Vernon
City Court and is in private practice in Mt.
Vernon, NY.
&
Chinese New Year
Passing the Bar
Thanks to our Sponsors
GOLD
Michael LaMagna of Helwig
Henderson Ryan LaMagna &
Spinola LLP
SILVER
Lucy Banko of NY Life
1
2
3
4
PHOTOS
1 Jack Geoghegan, WCBA past president, Dawn Kirby, WCBA president and Chuck Newman
2 P. Daniel Hollis III, WCBA incoming president, sponsor Lucy Banko of NY Life and Guy Parisi
3 Adria Gross, JoAnn D'Emilio, Amy O'Hara and Elder Law Committee Co-chairs Betsy Klampert and Sara Keating
4 Pace Law School Director of Alumni Relations David Bernhardt and Assistant Dean for Career and Professional
Development Jill Backer
5 Sarah Steckler, Joseph Lawliss and former WCBA Elder Law Committee Co-chair Deepankar Mukerji
5
LAST CHANCE! Application Deadline Extended to April 12, 2015
GET ADMITTED TO THE
U.S. SUPREME COURT!
Monday, June 22, 2015
9:00 am: Assemble for Swearing In Ceremony at the Supreme Court
Reservations and Registration
Reservations will be taken on a
first-come first-serve basis.
Food, travel and lodging are at the
expense of each attendee.
Hotel recommendations will be
forthcoming.
The WCBA is pleased to announce its U.S. Supreme Court group
admission on June 22, 2015.
We have secured 12 spots for lawyer members who complete the
requirements set forth in the application to be sworn in at the U.S.
Supreme Court in Washington, D.C.
Please join us for this extraordinary opportunity.
NON-ATTORNEY WARNING
continued from page 7
the implementation of Florida
law to obtain Medicaid benefits,
including advising an individual
on the legal strategies available
for spending down and restructuring assets and/or the need
for a personal service contract or
qualified income trust.
Although the preparation by a
non-lawyer of a Medicaid application does not constitute the unauthorized practice of law, I believe it
would be extremely difficult to do
so without rendering some legal advice regarding the implementation
of Florida law to obtain Medicaid
benefits. In essence, all that may be
permitted by the non-attorney is the
ministerial act of completing and filing the application.
Additionally, the court opined that
non-lawyer entities that claim to
have relationships with a lawyer
are engaging in the unauthorized
practice of law unless the client
has established an independent attorney-client relationship with the
attorney, and that the payment for
services is made directly to the attorney. Furthermore, the court required that the legal documents or
Medicaid planning recommended to
the client was determined by the attorney and not by a non-lawyer.
In conclusion, I am hopeful that similar regulations will be implemented
in New York. Whether one is an attorney practicing elder law, wills, trusts
& estates and/or real property, the
advent of non-lawyer document production mills presents an insidious
danger to the general public who unwittingly is often erroneously guided
by untrained non-lawyers.
Anthony J. Enea, Esq., is the managing
member of the firm of Enea, Scanlan &
Sirignano, LLP. He is the president of the
Westchester County Bar Foundation and a
past president of the Westchester County
Bar Association.
Mr. Enea is a past chair of the New York
State Bar Association's Elder Law Section
and the Unauthorized Practice of Law Committee. He is a past president and a founding member of the New York Chapter of the
National Academy of Elder Law Attorneys
(NAELA).

MEM B E R S P O T LIG H T
Andrew P. Schriever, Esq.
In this column, Tejash V. Sanchala, Esq.,
WCBA board member and Labor & Employment Law Committee co-chair interviews members about their experiences
and insights.
Tejash welcomes your comments and suggestions for future columns. He can be
reached at [email protected].
Number of years as member of WCBA: eleven years, currently co-chair of WCBA ADR Committee and incoming
member of the board of directors.
My current job and practice area: partner, Cuddy & Feder
LLP, Litigation & Telecommunication Departments.
I was inspired to become a lawyer because: in high
school, I had the opportunity to compete in several New
York City law programs, including mock trial, moot court,
model congress and model city council. I have been
hooked ever since on the challenge and intensity of litigation and the art of negotiation.
A turning point in my legal career was: leaving my Manhattan-based practice to plant roots at Cuddy & Feder in
2004, where I discovered the professionalism and collegiality that comes with practicing in Westchester. I also
found my sense of balance between a vibrant work life
and the ability to be there for my kids.
A source of professional pride is: my work as a mediator
and as co-chair of the WCBA ADR Committee. Mediation
skills enable me to help clients achieve their goals while
keeping the need for conflict to a minimum. This is a focus
of the WCBA CLEs I teach.
If I were not practicing law, I would be: an English professor.
People may be surprised to learn: that I am in an original
roots-rock acoustic band that has played The Bitter End,
The Mercury Lounge and Garcia’s at the Capitol. Our selftitled album, Greetings From Anywhere, is now available
on iTunes.
What I splurge on: guitars and other string instruments
(albeit rarely).
The best hour of my day is: when I return home after a
day of work; my dog is ecstatic to see me and I get to unwind and hear about my family’s day.
Favorite movie: Duck Soup.
What’s on my playlist: the Beatles (Abbey Road), Ray
Charles (See See Rider), Joe Cocker (Greatest Hits), The
Rolling Stones (Let It Bleed), Ella Fitzgerald with Louis
Armstrong (Ella & Louis), Crosby, Stills, Nash & Young (4
Way Street), Aretha Franklin (Live at the Fillmore West),
Old Crow Medicine Show (O.C.M.S.), Dr. John (Dr. John’s
Gumbo), O Brother Where Art Thou (Soundtrack).
My favorite vacation spot: Wellfleet, Cape Cod.
Three things I can’t live without: my family, music, manzanilla olives.
One of my favorite things to do in Westchester: watching a summer sunset over the Hudson River at Waterfront
Park in Dobbs Ferry with my family and our friends.
Best advice I ever got: focus on what you do best and the
rest will come naturally.
My advice to new lawyers: details are important, but
don’t get mired in them to a point where you lose sight of
the big picture. Clients come to us not because they want
to get enmeshed in legal procedures or contract language,
but because they have goals, and the law is a means to
achieving those goals.
One of my future ambitions is to: while it’s rare that
attorneys get the chance, I would love the opportunity
to argue a case before the U.S. Supreme Court. I sat in
on oral arguments the day I got sworn in with a WCBA
group and that chamber struck me as the purest place
to practice law.
My favorite part of being involved with the WCBA: I’ve
heard it said that you can’t hold a grudge against an adversary with whom you have broken bread at a WCBA
banquet or exchanged ideas at a CLE, and it is absolutely
true. The bar is the glue of our legal community and it is
vital to the civility and comradery that makes Westchester
such a special place to practice law.
THE LAW OFFICES OF
Sher, Herman, Bellone and Tipograph, PC
ESTABLISHED IN 1970
is pleased to announce the relocation of their Westchester offices to
5 Waller Ave., Suite 303, White Plains, NY 10601
our firm will continue to concentrate in the areas of
Worker’s Compensation & Social Security Disability
referral fees paid as allowed by the ethics rules.
www.newyorkworkerscompensationlawattorney.com
914.358.9932
AS
TI
O
BA
R
N
Y
WE
NT
ST
W E S T C H E S T E R C O U N T Y B A R A S S O C I AT I O N ' S
ESTE R CO
U
CH
S O C IA
ANNUAL
MEETING
& PA S T P R E S I D E N T S D I N N E R
WCBA Past Presidents in attendance: Peter Zeltner, Gary Bashian, John Marwell, Ralph Nobile, Jerold Ruderman, Hon. Adam Seiden, Jack Geoghegan,
Jody Fay, Richard Gardella, Donald Sandford and Carol L. Van Scoyoc
2015-2016 Slate of Officers Elected and
Hudson Valley Bank Honored
The Westchester County Bar Association’s Annual Meeting
and Past Presidents Dinner was held on March 4th at the
Mamaroneck Beach & Yacht Club, where we elected the
2015-2016 slate of officers and directors and reports were
submitted by the WCBA’s president and treasurer. Hudson
Valley Bank was honored for their ongoing support of the
Westchester legal community. James Blose, Hudson Valley
Bank executive vice president and general counsel, accepted the award on behalf of the Bank.
Message to Annual Meeting and Past Presidents
Dinner Attendees
We would like to again apologize to our members and guests
for the manner in which you were treated by the valet staff
and Club with respect to the parking situation at this year’s
Annual Meeting & Past Presidents Dinner. We have addressed
our concerns with Mamaroneck Beach and Yacht Club and
have been assured that it will not happen again.
We sincerely appreciate your continued support of the
WCBA and look forward to seeing you at the Annual Banquet
on May 7th at the Hilton Westchester!
1
Thank you to our sponsors!
PLATINUM
Hudson Valley Bank
Shamberg Marwell Hollis Andreycak & Laidlaw, P.C.
GOLD
DelBello Donnellan Weingarten Wise &
Wiederkehr, LLP
BRONZE
LexisNexis/Dan Zilker
O’Connor Davies, LLP
Joshua Weisbrot, Morgan Stanley Wealth
Management
Worby Groner Edelman, LLP
David O. Wright, Esq.
2
3
5
4
6
9
8
PHOTOS
1 Dawn Kirby, WCBA president, and P. Daniel Hollis III, WCBA incoming president present the honoree's plaque to James Blose (center),
Hudson Valley Bank executive vice president and general counsel
2 Henry Miller, WCBA past president and Chuck Newman
3 Jerold Ruderman, WCBA past president, Richard Vecchio, WCBA
secretary, Hon. Terry Jane Ruderman, New York State Court of Claims, John Flannery, co-chair Trial & Tort Law Committee and
Hon. Alan D. Scheinkman, Administrative Judge 9th Judicial District
4 Hon. Alfred Farella and Alfred Donnelan of sponsor Delbello Donnellan Weingarten Wise & Wiederkehr, LLP
7
5
6
7
8
9
David Gralnick, Donald Sandford, WCBA past president and
Anthony Forgione of sponsor Hudson Valley Bank
Lucille Fontana and Hon. Linda Jamieson
Thomas Welby and Richard Vecchio, WCBA secretary
P. Daniel Hollis III, WCBA incoming president, Kelly Welch, WCBA treasurer and Dean David Yassky, Pace Law School
Sponsors Dan Zilker (LexisNexis) with Ana Morais and James Blose (Hudson Valley Bank)

W HAT ’ S G O I NG ON
Membership News....Updates....Sections....Committees....
Surrogate Court Judge Anthony
Scarpino Enters Private Practice
DelBello, Donnellan,
Weingarten, Wise &
Wiederkehr, LLP, is
pleased to announce
the expansion of its
estate practice to
be headed by Westchester County Surrogate Judge Anthony A. Scarpino Jr., whose retirement from the bench after 14 years
was effective January 31st. Joining
the firm with Judge Scarpino are
Steven P. DeRicco, Frank J. Gobes and
Vincent C. Travagliato.
NETWORKING EVENT
Sponsored by the Paralegal
Committee, Senior Lawyers
Committee & New Lawyers Section
Monday, April 13
5:30 pm–7:30 pm
Anthony’s Coal Fired Pizza
264 Main St., White Plains, NY
Contact: [email protected]
914-761-3707 ext. 20
Adrienne Arkontaky Honored
Adrienne Arkontaky,
has been recognized
by Super Lawyers as
both a 2014 New York
Metro Rising Star and
2015 Top Female Attorney in New York.
Adrienne has also been recognized by
Legal Services NYC’s Pro Bono Honor
Roll for 2014 due to her contributions
to its training programs.
Rescheduled from January 27, 2015
POWER UP YOUR MARKETING
An Allied Professionals Networking
Event
Tuesday, April 28, 2015
7:30 am–9:00 am
Doral Arrowwood
975 Anderson Hill Road, Purchase, NY
Presenter: Stacey Cohen
Contact: [email protected]
914-761-3707 ext. 20
Charles Goldberger Elected to Board
of Parks and Trails
Charles A. Goldberger
of McCullough, Goldberger and Staudt
LLP has been elected
a Board Member of
Parks and Trails, New
York, a non-profit organization that works to build, protect
and promote a growing network of
parks and more than 1,500 miles of
greenways, bike paths and trails.
Goldberg Segalla Adds N.C. Office,
& Lawyers in Philadelphia and
London
The law firm of Goldberg Segalla announced that it will open an office in
North Carolina, signaling expansion
into the Southeastern U.S., and that its
Philadelphia office will be joined by a
trio of prominent insurance coverage
attorneys. Goldberg Segalla’s London
office will also see the addition of a
key legal representative of Spanish and
South American insurers on London
market and U.S. insurance.
.
CALL TO ACTION
Seeking firms to provide summer internship opportunities
WCBA'S DIVERSITY COMMITTEE
PRESENTS THE 9TH ANNUAL
We hope your firm will participate in the
2015 Summer Intern Program and continue
to help us raise the bar for enthusiastic
high school students in our area.
By Karen Beltran, Esq. and Evelyn Miller, Esq.
T
HE DIVERSITY COMMITTEE is
thrilled to announce the kickoff of the 9th Annual Summer
Intern Program. Since the inception
of the Summer Intern Program, 31
students from social, cultural, racial
or ethnic groups statistically underrepresented in the legal profession
have participated in the Program.
We hope your firm will be part of a
growing number of firms that have
participated in this important and
successful program, including: Jackson Lewis LLP, Keane & Beane, P.C.;
Dillon & Dillon, LLC; Federal Bar Council; Gross & Stabile LLP; Havkins Rosenfeld Ritzert & Varriale, LLP; Renzulli
Law Firm LLP; Welby, Brady & Greenblatt, LLP; Yankwitt & McGuire LLP;
Eve Bunting-Smith, Esq.; The Kelsey
Company; Bashian & Farber, LLP; and
Cabanillas & Associates, P.C.
The purpose of the High School Summer Intern Program is to raise the
academic and professional aspirations of students in these generally
underrepresented groups. The students are referred to the program
by local high schools and community
organizations. As in years past, we endeavor to select students who have
the skills and comportment neces-
sary for interacting and learning in a
professional environment.
Overwhelmingly, the feedback we receive from participating firms is that
the students exceed expectations—
they are smart, dependable, quick
learners who are grateful for the opportunities the Summer Intern Program provides.
It takes relatively modest resources
to make a huge difference in these
students’ lives! Selected students
are matched with participating law
firms to work as clerical assistants.
The firms have the opportunity to interview and approve their assigned
students.
It is contemplated that the internship
will be a paid, part-time position of
approximately 20-25 hours a week,
for a minimum of six weeks, at a suggested wage of $8.75 per hour (minimum wage), for a total commitment
of approximately $1,050.
Participating firms are expected to
provide student interns with at least
4 opportunities to observe the practice of law by attending events such
as closings, depositions and court
appearances.
The Diversity Committee will assist
firms in achieving this goal by organizing 1 or 2 outings that will give the
students this type of exposure. For
example, we are planning to organize
trips to the U.S. District Court for the
Southern District of New York in New
York City, and a local court.
We hope your firm will participate
in the 2015 Summer Intern Program
and continue to help us raise the bar
for enthusiastic high school students
in our area. Please contact Karen
Beltran at (914) 995-3596 or ktb1@
westchestergov.com. April 15, 2015
is the due date for participation. Interviews and matching will begin in
April 2015.
Karen Beltran, Esq., began her legal career
as a law clerk in the Southern District of
New York and is now an assistant county
attorney for the Westchester County Attorney’s Office. Karen is the WCBA Diversity
Committee co-chair.
Evelyn Miller, Esq., is an associate practicing civil litigation with The Law Office of
David Klausner PLLC, White Plains. She is
a graduate of New York University School
of Law, and has also practiced corporate,
commercial and employment law. Evelyn
is the WCBA Diversity Committee co-chair.
THANK YOU TO OUR ANNUAL MEETING BRONZE SPONSORS
Congratulations to all the WCBA Presidents,
past, present and future.
914.381.8900
www.odpkf.com
Worby Groner Edelman LLP
DAVID O. WRIGHT, ESQ.
ATTORNEYS AT LAW
1012 Park Street, Peekskill, NY 10566
11 MARTINE AVENUE, PENTHOUSE | WHITE PLAINS, NY 10606
TELEPHONE: 914-686-3700 | FACSIMILE: 914-686-8080
Phone: (914) 245-0455
Fax: (914) 245-5822
[email protected]
www.DavidWrightLaw.US
www.wgelaw.com
CLARK, GAGLIARDI & MILLER, P.C.
SERVING THE INJURED SINCE 1907
“It costs no more to go with the best. I refer my serious personal injury cases to
Clark, Gagliardi & Miller.” Brad R. Sacks, Esq.
Henry G. Miller
Lucille A. Fontana
Robert J. Frisenda
Angela M. Giannini
John S. Rand
99 Court St., White Plains, NY 10601 / (914) 946-8900 / www.cgmlaw.com
The WCBA now also offers
ONLINE CLASSIFIEDS and Web/Print COMBO Classifieds
For more information contact [email protected]

PR O B O N O O PPOR TU N ITIES
Job Title
volunteeer intern make a difference increase access to justice
Pro Bono Attorney, Project Protect
Time Requirements Training: 2 hour CLE, followed by ongoing short webinars and mentoring.
The first training was recorded on
September 17, 2014 and will be available for review. Others trainings will
follow.
Attorneys will be responsible for handling one family law case for the pendency of the proceeding, including
drafting petitions and attending all
court proceedings.
Job Description
Project Protect is a new pro bono project in Westchester responding to the humanitarian crisis facing immigrant youth
who have crossed the US border fleeing violence in their
home countries.
The Pace Community Law Practice, in collaboration with
Westchester Hispanic Coalition, Greenberg Traurig LLP, and
the WCBA is seeking attorneys to represent immigrant children in family court guardianship or custody proceedings,
which may make them eligible for immigration relief.
Attorneys will be trained and supervised by experienced attorneys.
Contact
Stephanie Ramos, [email protected];
914.422.4075
Job Title
Pro Bono Attorney
Family Law Practice
Time Requirements Ongoing
Job Description
My Sisters’ Place is seeking pro bono attorneys to assist its
Family Law Unit with motion practice in Westchester Family
Court, mainly with child support cases.
Domestic violence victims can seek child support from their
abusers in their local family court. Using a formula set forth
in New York State’s Child Support Standards Act, victims may
also demonstrate the need for childcare expenses, extracurricular activities and unreimbursed medical expenses.
Pro bono attorneys will work with the client to complete the
required Financial Disclosure Affidavit and develop the case,
including evaluating the evidence, conducting discovery and
representing the victim at the child support hearings.
An attorney accepting a case assignment must be a member
in good standing of the New York State Bar.
Contact
Anne O’Grady, Esq., Managing Attorney, Pro Bono Project
914-683-1333, extension 112, ao’[email protected]
ORGANIZATION PROFILE
MY SISTERS’ PLACE
ORGANIZATION PROFILE
PACE COMMUNITY LAW PRACTICE (PCLP)
The PCLP’s mission is to meet the urgent need for quality, affordable legal services in Westchester County and throughout the Hudson Valley. Launched in September 2012, the
PCLP is a first-of-its-kind legal residency and incubator program where recent Law School graduates serve as Fellows
who intensively learn legal practice under the supervision of
experienced attorneys, provide high quality legal services,
and gain the tools to create solo and small practices. The
PCLP works collaboratively with many community-based organizations that serve Westchester’s immigrant communities, and has expertise in addressing the legal needs of immigrant children.
My Sisters’ Place provides legal services to victims of domestic violence, trafficking, stalking and sexual assault in
Westchester County. The Family Law Unit assists domestic
violence victims in family law matters such as orders of protection, custody, visitation, child support, and appeals. My
Sisters’ Place also provides limited services in the area of divorce -- My Sisters’ Place runs a pro se uncontested divorce
clinic. The Immigration Unit assists immigrant victims of domestic violence, trafficking, stalking and sexual assault with
Violence Against Women Act (VAWA) Self-petitions, Battered
Spouse Waivers, U-Visas, T-Visas, Special Immigrant Juvenile
Status, public benefits and other immigration matters.
DO YOU KNOW OF PRO BONO OPPORTUNITIES?
If so, please contact: [email protected]
AB
&
ALEGRIA & BAROVICK LLP
Our experience sets us apart from other

Is giving through a
community
foundation
right for your
clients?






A division of the New York Community Trust
SOCIAL SECURITY
DISABILITY ATTORNEYS.
Do you have clients who care deeply about the
community?
Do they give to more than one charitable cause?
Are they interested in creating a family legacy?
Are they considering a family foundation, but have
concerns about cost and administrative complexity?
Would they like to stay personally involved in the use
of their gift dollars?
As longtime practitioners of medical malpractice
and personal injury law, we know the medicine,
and will cut through the clutter of medical records
to help our clients in a time-efficient manner.
You can feel confident referring your
social security disability cases to us.
Do they want to receive maximum tax benefits?
Is sound fiscal management a priority?
If you answered yes to any of these questions,
your clients should meet us. Contact
Susan Edwards, Esq. at (914) 948-5166 or
[email protected]
MAIN OFFICE
235 Main Street, Suite 318
White Plains, New York 10601
(914) 761-1133
MANHATTAN OFFICE
60 East 42nd Street, Suite 1638
New York, New York 10165
(212) 861-2800
www.AlegriaBarovickLaw.com
SPONSORSHIP OPPORTUNITIES ARE AVAILABLE
To discuss sponsoring a CLE or other event, please contact
[email protected]

C LE C E NT E R
Register online at http://www.wcbany.org/events/event_list.asp or see Registration Form on p. 24
TRUSTS & ESTATES SECTION
Asset Protection for the
Fee Sensitive Client
Speakers
Harris Markhoff, Esq., Danziger & Markhoff, LLP
Michael Markhoff, Esq., Danziger & Markhoff, LLP
Location
New York Life
777 Westchester Avenue, 4th Floor
White Plains, NY
Date/Time Tuesday, April 7, 2015
7:30 am–8:00 am Networking/Registration
and Light Breakfast
8:00 am–10:00 am CLE Presentation
Price
Early Bird discount through March 31
Members: $40/$60 after March 31
Non-Members: $60/$80 after March 31
Pace Alum Non-members: $50/$70 after March 31 CLE
2 credits: Professional Practice
To Register See “Registration Form” on p. 24
Thanks to our Host and Sponsor:
Lucy Banko of NY Life
ETHICS AND GRIEVANCE COMMITTEES
CORPORATE AND COMMERCIAL LAW COMMITTEE'S
HOSPITALITY SUBCOMMITTEE, EMPLOYMENT LAW
COMMITTEE, AND REAL PROPERTY SECTION IN
PARTNERSHIP WITH THE HUDSON VALLEY ECONOMIC
DEVELOPMENT CORPORATION
Restaurant Law: A Primer on Legal
Issues Restaurants Confront
Speakers
Kyle-Beth Hilfer, Esq., Kyle-Beth Hilfer, P.C.,
Of Counsel, Collen IP
Donald M. Bernstein, Esq., Victor & Bernstein, P.C.
Howard Schragin, Esq., Sapir Schragin LLP
Location
360 Hamilton Avenue, (Ground Floor Auditorium)
White Plains, NY
Date/Time Tuesday, April 21, 2015
5:30 pm–6:00 pm Networking/Registration
and Refreshments (12th Floor at the Haystack)
6:00 pm–8:00 pm CLE Presentation (Ground Floor
Auditorium)
Price
Early Bird discount through April 14
Members: $30/$45 after April 14
Non-Members: $45/$60 after April 14
Pace Alum Non-members: $40/$50 after April 14 CLE
The Ethics of Advertising and
Social Media
IMMIGRATION LAW COMMITTEE
Speaker
Immigration Law Update 2015
Katie M. Lachter, Esq.
Hinshaw & Culbertson, LLP
Location
Hudson Valley Bank
21 Scarsdale Road, Yonkers, NY
Date/Time Thursday, April 9, 2015
and Light Supper
6:00 pm–8:00 pm CLE Presentation
Price
FREE CLE
2 credits: Ethics
Thanks to our Host and Sponsor: Hudson Valley Bank
Moderators Susan B. Henner, Esq.,
The Law Office of Susan B. Henner
Donald H. London, Esq.,
The Law Office of Donald H. London
Location
Hudson Valley Bank
Date/Time Wednesday, May 13, 2015
and Light Supper
Price
FREE
CLE
ENVIRONMENTAL LAW COMMITTEE AND MUNICIPAL LAW PRACTICE MANAGEMENT AND SENIOR LAWYERS
COMMITTEES
LAW SECTION IN PARTNERSHIP WITH THE
WESTCHESTER MUNICIPAL PLANNING FEDERATION
Business Succession Planning, Issues
Land Use Case Law Update
Speakers
Prof. John Nolon, Pace University School of Law
Linda Whitehead, Esq.,
McCullough Goldberger & Staudt, LLP
Location
Pace University School of Law
Gerber Glass Building, Moot Court Room
78 North Broadway, White Plains, NY
and Light Supper
Price
Early Bird discount through May 13
Members: $40/$60 after May 13
Non-Members: $60/$80 after May 13
Pace Alum Non-members: $50/$70 after May 13
CLE
and Remedies
Speakers
Ryan Dumond, AXA Advisors, LLC
Bruce Iacono, AXA Advisors, LLC
Leslie Levin, Esq., Cuddy & Feder LLP
Bernadette H. Schopfer, Partner, Maier, Markey
& Justic LLP, Certified Public Accountants
Location
445 Hamilton Avenue, 2nd Floor Conf. Room
White Plains, NY
7:30 am–8:00 am Networking/Registration
and Light Breakfast
8:00 am–9:00 am CLE Presentation
Price
CLE
1 credit: Professional Practice
Thanks to our Sponsor: AXA Advisors, LLC
TRUSTS AND ESTATES SECTION
Step Up in Basis and Update on New
York State Estate Tax
Speakers
Scott Sherman, Esq., Scott M. Sherman,
Attorney at Law
Susan T. Baer, Esq.,
The Law Office of Susan Taxin Baer
Location
Hudson Valley Bank
Date/Time Thursday, May 21, 2015
and Light Supper
Price
FREE
CLE
BANKRUPTCY & CREDITORS RIGHTS COMMITTEE
Lunch with the United States
Trustee
Speakers
Location
William K. Harrington, Esq.,
U.S. Trustee for New York, Connecticut, and Vermont
Mark Tulis, Esq., Oxman, Tulis, Kirkpatrick,
Whyatt & Geiger, LLP
TBD
Date/Time Tuesday, May 26, 2015
11:00 am–12:00 pm Networking/Registration
and Lunch
Price
Paraprofessional: $60 if accompanied by a member
CLE

LOOKING FORWARD
Upcoming CLEs and Events
CLES
Tuesday, September 29
Municipal Law Section CLE
Wednesday, June 17 | 5:30 pm
BBQ & Blues Networking Event
Tuesday, October 6
Appellate Practice Committee CLE
Monday, July 13 | all day
Annual Golf Outing
Wykagyl Country Club
Wednesday, June 3
Ethics Committee CLE
Thursday, June 4
Domestic Relations & Family Law
Section CLE
Tuesday, June 16
Trial Lawyers & Tort Law
Committee CLE
Wednesday, October 7
Elder Law Committee CLE
Thursday, October 8
Environmental Law Committee CLE
EVENTS
Thursday, June 18
Labor & Employment Law
Committee CLE
Monday, April 13 | 5:30 pm
Paralegal Committee, Senior Lawyers Committee and New Lawyers
Section Networking Event
(See p. 16 for details.)
Wednesday, June 24
Trusts & Estates Section CLE
Wednesday, November 18 | 6:00 pm
WCBF 5th Annual Fundraiser
Benefit Honorees
Henry Berman, Esq.
District Attorney Janet DiFiore
MEETINGS
Thursday, April 16 |12:30 pm
Alternative Dispute Resolution
Committee Meeting
Thursday, May 7 | 6:00 pm
Annual Banquet and Induction
of Officers and Board Members
(See pages 2-3.)
Thursday, June 25
Real Property Section CLE
Wednesday, July 15
Elder Law Committee CLE
CLE and EVENT REGISTRATION FORM
Please register in advance whenever possible. Registration later than 12 pm 24 hours PRIOR to the CLE will incur a $10 late fee, and
applicants will be seated and provided written materials ONLY if space permits.
ONLINE: go to the Calendar on our website at http://www.wcbany.org/events/event_list.asp
MAIL: form and check made out to “WCBA” to: WCBA, One North Broadway, Suite 512, White Plains, NY 10601
EMAIL: this scanned form to [email protected]. FAX: form to 914-761-9402
CLE/EVENT TITLE
Date
Fee
______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
NAME(S) _______________________________________________________________________________________________________________________
EMAIL _________________________________________________________ BUS. TEL. _______________________________________________ _______
FIRM__________________________________________________________________________________________________________________________
METHOD OF PAYMENT: CHECK ENCLOSED $_________ OR CHARGE $ _______ ❑ MASTERCARD ❑ VISA ❑ AMERICAN EXPRESS ❑ DISCOVER CARD
CARD NUMBER __________________________________________________ EXP. DATE _____________ SEC. CODE ______________________________
CREDIT CARD BILLING ADDRESS ____________________________________________________________ ZIP CODE _______________________________
NAME ON THE CARD _____________________________________________________________________________________________________________
WCBA Member? ❑ Yes ❑ No If not, would you like to join and pay at the member price? Visit our website: www.wcbany.org
Copies of the WCBA CLE Rules and Procedures and the Hardship Policy may be obtained by emailing [email protected] or calling 914-761-3707, ext. 20. Your knowledge of the CLE rules and
procedures is presumed when you register for a CLE.
CANCELLATION, REFUND AND INCLEMENT WEATHER POLICY
Full credit will be applied to a future program to those who cancel at least two business days prior to a CLE or other Event, in writing, to [email protected]. The WCBA retains the right to
cancel CLE programs and other Events and will provide notification to all registrants who provide their email address. INCLEMENT WEATHER: Please refer to the website home page (www.
wcbany.org) on the day of the CLE/Event by 10:00 am for cancellation announcements.

CALL FOR NOMINATIONS: DEADLINE APRIL 22, 2015
2015 ABOVE THE BAR AWARDS
Nominations now being accepted for the ninth annual countywide
awards program recognizing outstanding Westchester attorneys
Please nominate, pursuant to the criteria, one or more candidates for the following award categories:
■■ PACE SETTER AWARD: Candidate exemplifies overall excellence in professional and community work,
prominence in the Westchester legal profession and fierce determination to being as good an attorney as
possible. The highest award, the candidate must be well respected by peers and community.
■■ MOST SOCIALLY CONSCIOUS AWARD: Candidate is dedicated to one or more causes in the legal
community as an active member or leader and has a significant history of pro bono legal or government
service, which warrant praise and recognition by peers and community.
■■ LEADING HEALTH CARE ATTORNEY: Candidate has concentrated his/her legal expertise within the area
of health care and distinguished him/herself as a leading health care attorney among his/her peers.
■■ LEADING REAL ESTATE ATTORNEY: Candidate has concentrated his/her legal expertise within the area
of real estate, including land use, development and zoning matters and distinguished him/herself as a
leading real estate attorney.
■■ MOST PROMISING PACE LAW SCHOOL STUDENT: Candidate, in his/her third year, who through passion
and enthusiasm for the law, high scholastic achievement and initiative and involvement in school and
community activities will be a promising member of the legal profession. Presented by: Citrin Cooperman, Westchester County Business Journal, Pace University School of Law,
Westchester County Bar Association, Westchester Women’s Bar Association.
For more information or to submit a nomination by April 22, 2015, please visit the following website and follow
the prompts: http://westfaironline.com/nominate_abovethebar/
Refer the case to a Florida law firm you can trust.
25% referral fee paid in accordance with Florida Bar Rules
See our website for client testimonials and our credentials.
1-800-GOLD-LAW · 800GOLDLAW.com
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with your Florida Personal Injury Case Referrals at (561) 697-4440.
Craig Goldenfarb

W C B A M E M B E R B EN EFITS
SPECIAL DISCOUNTS ON ESSENTIAL PRODUCTS AND SERVICES
BUSINESS DEVELOPMENT/COACHING &
STRATEGY
MARKETING PARTNERS: WCBA
members receive the friends
and family discount on coaching, training or
retreat planning. Contact Carol Schiro
Greenwald at 914-834-9320.
CREDIT CARD PROCESSING
CYNERGY DATA: WCBA members receive discounted rates
that average 20% below current industry
rates. For a free rate comparison contact
Dr. Alan Guber at 914-329-0280 or
[email protected].
POSTAL SERVICES
LEGAL PUBLICATIONS & RESEARCH
LEXISNEXIS: 20% off new
purchases including ONLINE and PRINT materials. WCBA members receive 20% off the purchase of on-line research for new subscribers;
20% off of Matthew Bender guide books and
treatises and other print titles.
Contact Dan Zilker: at 914-293-7444 or
[email protected].
HEALTHY FIT FOR WOMEN: $0 Enrollment
on Annual Membership (Save $199) at
Healthy Fit for Women in Mamaroneck.
Contact Jane Neilsen at 914-670-0600.
WESTLAW: Members receive
17-25% off new WestlawPro Subscriptions
and 20% off Westlaw Titles. Contact Charles
Heggers at 914-309-9070.
LEGAL SOFTWARE
MYCASE: is the premier all‐in-one
web-based legal practice management software. MyCase offers features that seamlessly
cover all the daily functions that a modern
solo and small law firm requires. With this
cloud-based software, lawyers can work from
anywhere at anytime, significantly increasing
productivity.
INSURANCE
The following are the WCBA’s preferred
insurance vendors, who offer WCBA members discounted rates, special programs and
superior service. For more information visit
our homepage at www.wcbany.org.
Current pricing is $39/month for attorneys
and $29/month for paralegals and staff. MyCase will offer a 10% off lifetime discount to
WCBA members. www.mycase.com.
Contact: Stephanie Phelan at 805-364-5727;
[email protected].
Group Health & Employee Insurance
Charles Newman CLU, the local insurance
agent for the WCBA, is available for consultation in Hawthorne at 914-345-1000 or email
[email protected].
Access to group health insurance and
employee benefits through The Charles J.
Newman Co. Contact Charles J. Newman CLU
at 914-345-1000 or email him at chuck@
charlesnewman.com.
Term Life Insurance
Up to $1million of coverage available.
Call Plan Agent, Gallagher Bolinger email
[email protected] or call
800-952-4050.
ANDREA PRIGOT: We offer WCBA members
a 20% discount on new licenses of PCLaw,
Time Matters and Billing Matters – for new
customers only. Contact Andrea Prigot at
914-738-9148.
HEALTH, FITNESS & WELLNESS
THE WHITE PLAINS YMCA offers
20% off Adult and Household I & II
membership rates and waiver of the Joiner’s
fee. Contact Linda Dilazzaro 914-949-8030 /
www. whiteplains.ymca-cnw.org.
PAYROLL PROCESSING
LAW PRACTICE MANAGEMENT:
BILLING
COURT REPORTING
DALCO REPORTING: 20% off
court reporting services, courtesy of DALCO
Reporting, for new WCBA members on your
first deposition scheduled.
Contact 914-684-9009.
Vision Coverage
WCBA Vision Plan through VSP. For more
information contact Irene Walton at 800952-4050 ext. 4765.
OFFICE SUPPLIES
Home, Auto & Umbrella Coverage
Home, auto, valuable articles, and umbrella
liability insurance through ACE Private Risk
Services, contact Jeff Pitcher at (914) 3812040 (ext.13) or [email protected].
Long Term Care
Long Term Care Insurance through New York
Life Insurance, contact Lucy Banko at 914253-7214 or [email protected].
WB MASON: WCBA members
receive special discounts on office supplies,
coffee, water, snacks and office furniture. Located in Stamford, CT WB Mason offers free,
next day delivery with no minimum order
size on all of your supply needs.
Contact Walter Eisenberg at 914-804-1067,
[email protected] or your
local sales rep and mention, “WCBA Member
Benefits.”
PAYCHEX: 25% off Payroll Services.
Contact Chris Dress at 914-646-5860.
UNITED PARCEL SERVICE: Exclusive
access to the UPS Savings Program
which provides great discounts on
UPS domestic air and international services.
By enrolling in the UPS Savings Program, you
can save up to 26 percent on these services.
Enroll at http://savewithups.com/wcba/
PROFESSIONAL OFFICE SPACE &
VIRTUAL OFFICES
STARK OFFICE SUITES: Full-time
office space and virtual office plans.
Locations: Westchester: White Plains,
Scarsdale, Rye Brook, Harrison & Mt. Kisco
CT: Greenwich & Stamford
NYC: 60 E. 42 St., One Grand Central Place
We will waive the set up fee for any program
for WCBA members.
Contact Tracey Di Brino at 914-220-8390, or
[email protected].
PROCESS SERVER
INTER COUNTY JUDICIAL SERVICES
Significant Discount for Process Service for
WCBA members. GPS tracking on all attempts statewide. Call 914-328-1069. Please
mention you are a member when calling.
FINEST SERVICES: 10% off
process serving. Call 845-268-8138 and
please identify yourself as a member when
you place the order.
Legal Process Services & Investigations
AND MANY MORE WCBA EXCLUSIVES

More than 50 WCBA CLE programs each year, for free and/or at reduced rates. Usually at less than $25 per credit hour!
More than 50 active committees &
sections to advance your career
Access to members only web pages
A bi-weekly e-newsletter with current listings of CLEs and events
Free subscription to Westchester Lawyer Magazine
Free subscription to the Westchester
Bar Journal
A collective voice at the state and
national level
Numerous social events & activities providing unique networking opportuni-
ties, including: Meet the Judges
Reception, BBQ & Blues Party,
Annual Golf Outing, Happy Hour socials
Eligibility to participate in the ABA
retirement program
Fee dispute resolution & mediation programs
For more information visit the “Member Benefits” section of our website or contact [email protected]
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WESTCHESTER
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ASSOCIATION
Lawyer
Referral
Service
Build Your Client Base for
$125 Per Year
How much is your time worth screening calls?
Consider as part of your business plan being a member of WCBA’s
Lawyer Referral Service.
For more than 40 years the Westchester County Bar Association Lawyer
Referral Service (LRS) has been referring thousands of clients annually to
LRS attorneys in Westchester.
Each year thousands of potential clients from all over the country seek attorneys in Westchester by contacting the Lawyer Referral Service.
We prescreen calls
Clients contact the LRS office and explain the nature of their legal needs.
The clients are then referred to an attorney based upon the field of law and
geographic preference; referrals are made on a rotation basis. Membership
in the WCBA LRS can serve as a profitable investment in your future.
Membership Qualifications
For more information
[email protected]
914-761-6965
Or visit our website at
www.wcbany.org
and select
Lawyer Referral Service
to download an
application form
Membership in the WCBA LRS is open to all licensed attorneys who are members in good standing of the New York State Bar and who meet the panel
requirements as set forth in the LRS application and rules.
LRS attorneys must maintain an office for the practice of law in Westchester
County and be physically available for consultation in that office, and must
maintain an up-to-date professional liability insurance policy. We welcome
individual attorneys and members of law firms.
Back
Bench
FROM THE
W
e better understand and
appreciate our nation by
comparing its development
history with that of other countries.
Past columns in this space provided
vivid contrast between America’s
18th century political revolution and
France’s social revolution a few years
later. Just last month, we viewed in a
column the brutal Soviet Union rule
of Josef Stalin. That glimpse provides
further teaching contrast.
While there are several reasons for
national development differences
including climate, ethnic melding,
geography, religious belief, and
historic conditioning, central to those
differences are ideas and individual
lives.
Last month’s column resulted from the
62nd anniversary in March of Stalin’s
1953 death. That one life, supported
by a didactic, uncompromising set of
ideas, helped shape the Soviet empire
of the mid-twentieth century and
had profound world impact, causing
suffering for millions.
By contrast the lives of two Americans,
whose deaths are remembered in
April, helped shape our unique
governmental experiment with
its necessary involvement of “The
People.”
One of those Americans was a printer,
writer, civic organizer, postmaster,
scientist, inventor, public official,
citizen soldier, swim instructor, ladies’
man and a diplomat before he became
a revolutionary and one of our nation’s
founders. The other was a frontier
wrestler, jokester, postmaster, failed
store owner, citizen soldier, active trial
attorney and a politician, who at great
cost to himself and his country, fulfilled
the promise on which the founders'
government experiment was based.
J e a n - Pa u l M a ra t , t h e F r e n c h
Revolution’s scrofulous madman,
would have raged against the two
Americans as bourgeoisie enemies
of “the people” if he found them
in his midst. They would have been
dismissed by Stalin as capitalist lackey
enemies of “the workers.”
They both were, in fact, self-taught,
self-made men, and members of
America’s powerful middle class.
They were not children of privilege,
but children of Western Civilization’s
enlightenment. That idea set fueled
their careers and government concept.
They believed in individual liberty and
the perfectibility of man. Unlike Stalin,
Marat and Robespierre they were not
egocentric.
Benjamin Franklin died on April 17,
1790 at the age of 84. His contributions
to the creation of this nation and
its foundation documents, the
Declaration of Independence and the
Constitution, place him just below
George Washington on the list of
the most important founders for
many. Unlike Marat, the failed Swiss
physician and scientist, Franklin had
already achieved world acclaim for his
inventions and scientific efforts before
the American Revolution.
Franklin spent his life seeking personal
and community improvement in
RICHARD M. GARDELLA, ESQ.
Editor-in-Chief
WCBA Past President
keeping with the concept of man’s
perfectibility. When I first read his
autobiography in college, I greeted
his Puritan perfectibility planning and
effort with the snide, snarky dismissal
one might expect from a half-baked,
edgy intellect. Now from this vantage
point Franklin’s words are sensible,
rational, helpful, fair and civilized.
Franklin set forth 13 virtues that he
sought to attain, working on each one
separately for a stated time. His writing
on the virtue of humility provides an
instructive example. He was told by
a Quaker friend that he was viewed
by many as too proud, often being
overbearing and even insolent in
conversation.
Franklin sought to cure himself of the
pride problem writing:
I cannot boast of much success
in acquiring the realty of this
virtue, but I had a good deal with
regard to the appearance of it. I
made it a rule to forbear all direct
contradiction to the sentiments of
others and all positive assertion of
my own. I even forbid myself…the
use of every word or expression
in the language that imported a
fixed opinion; such as certainly,
undoubtedly, etc., and I adopted
instead of them, I conceive, I
comprehend, or I imagine, a
thing to be so or so; or it so
appears to me at present. When
another asserted something that
I thought an error, I denied myself
the pleasure of contradicting
him abruptly and of showing
immediately some absurdity in
his proposition; and in answering
I began by observing that in
certain cases or circumstances
his opinion would be right, but in
the present case there appeared
or seemed to me some difference,
etc. I soon found the advantage of
this change in my manners; the
conversations I engaged in went
on more pleasantly. The modest
way in which I proposed my
opinions procured them a readier
reception and less contradiction; I
had less mortification when I was
found to be in the wrong; and I
more easily prevailed with others
to give up their mistakes and join
with me when I happened to be
in the right…
He concluded his pride discussion with
this self-effacing comment:
In reality there is, perhaps, no one
of our natural passions so hard
to subdue as pride. Disguise it,
struggle with it, stifle it, mortify
it as much as one pleases, it is
still alive and will every now and
then peep out and show itself;
you will see it, perhaps, often in
this history. For even if I could
conceive that I had completely
overcome it, I should probably be
proud of my humility.
Abraham Lincoln, viewed as America’s
greatest prose writer in this space,
died from an assassin’s bullet on April
15, 1865. While he was an effective
politician, he was also intellectually
and factually an honest man whose
writing often demonstrated the virtue
that Franklin struggled to achieve.
His Gettysburg address and his
second inaugural are unmatched
for their power and honesty. Lincoln
believed that perfection must be
sought in human affairs even if it was
unattainable in absolute terms. He
explained:
…it is said in one of the
admonitions of the Lord, ‘As
your Father in Heaven is perfect,
be ye also perfect.’ The savior, I
suppose, did not expect that any
human creature could be perfect
as the Father in Heaven… He set
that up as a standard, and he who
did most toward reaching that
standard attained the highest
degree of moral perfection…”
No matter how skilled a politician he
was, Lincoln was not a propagandist.
He had faith in the people, believing
they could not be fooled in the end.
“Let the people know the truth,” he
purportedly said, “and the county
is safe.
By contrast Marat and Stalin saw words
as weapons that could control and
terrorize the people. Stalin and his
governance rejected the ideas of the
enlightenment. Those ideas were paid
lip service by prior Russian autocrats
such as Catherine the Great, but were
never incorporated into Russian rule.
Unlike Maximilian Robespierre, an
undistinguished provincial lawyer
with little practice before the French
Revolution provided him a stage,
Lincoln was a very experienced and
respected lawyer with over 160 trials
under his belt. Robespierre, who
succeeded Marat in prosecuting a
reign of terror which eventually ended
the French Revolution, sought human
perfection and virtue by eliminating
people he saw as enemies of that
perfection. Professing a Rousseauian
love of “the people,” Robespierre
shunned human contact as he brutally
sought to enforce his distorted vision
of the enlightenment. The contrasting
life experiences of Lincoln and the
French Revolutionaries along with
Stalin is telling, but no more so than
the contrast of Franklin’s incredible
journey against the path followed by
those egocentric European rulers.
It can only be hoped that reasoned civil
discourse as envisioned by Franklin and
honest political expression as practiced
by Lincoln will replace the doctrinaire
distortion and uncompromising dogma
which infects so much of today’s public
discussion. In the process maybe
the following 1835 words of French
magistrate, Alexis de Tocqueville, will
again ring true:
They (the Americans) have all a
lively faith in the perfectibility
of man, they judge that the
diffusion of knowledge must
necessarily be advantageous,
and the consequences of
ignorance fatal, they all consider
society as a body in a state of
improvement, humanity as
a changing scene, in which
nothing is or ought to be,
permanent, and they admit that
what appears to them today to
be good, may be superseded by
something better tomorrow…1
Endnote
1 See From the Back Bench columns in this
magazine's predecessor Newsletter*
editions of October, November and
December 2011 and January 2012. The
Lincoln quotes were taken from The
Wit and Wisdom of Abraham Lincoln,
edited by Alex Ayres and published by
Meridian Book Publishers in 1992. The
de Tocqueville quote was found in Bartlett’s Familiar Quotations, 16th Edition,
published by Little, Brown Company in
1992, and edited by Justin Kaplan.
*Archived PDFs of the Newsletter and this
Magazine can be found on our website under
the “Publications” tab at www.wcbany.org.
Richard M. Gardella, Esq., is counsel to
Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn LLP. He is a past president
of the Westchester County Bar Association
and the Westchester County Bar Foundation, the editor-in-chief of this Magazine,
and a former WCBA delegate to the American Bar Association and the New York State
Bar Association.
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Get published!
The WCBA is seeking articles for the Westchester Lawyer and Westchester Bar Journal.
We are looking for articles that are newsworthy, such as
important developments in—or unique perspectives on—
areas of the law that would be suitable for either the Westchester Lawyer magazine or the Westchester Bar Journal.
clarity and originality. We prefer original articles that have
not been published elsewhere. Submissions for the Magazine should be 600-1200 words; submissions for the Bar
Journal should be 1200-4000 words.
Articles must be well written and interesting to broad categories of membership. Submissions are evaluated for
For more information or to submit an article please email:
[email protected].
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