February 2011 - The Suffolk County Bar Association

Transcription

THE
SUFFOLK LAWYER
THE OFFICIAL PUBLICATION OF THE SUFFOLK COUNTY BAR ASSOCIATION
DEDICATED TO LEGAL EXCELLENCE SINCE 1908
website: www.scba.org
Vol. 27 No 5
Febuary 2011
A Day of Thanks and Acknowledgement
INSIDE…
FEBRUARY 2011
FOCUS
L AWYERING &
QUALITY OF LIFE ISSUES
Journey to Quality of Life.......................8
Q & A on Quality of Life ........................5
Finding Balance........................................8
What is Quality of Life? ..........................4
__________________________________
Meet your SCBA Colleague ....................3
Ask the Diva..............................................6
Acupuncture at the SCBA.......................3
Connecting with an Autistic Child .........9
SCBA photo album...........................14-15
___________________________________
Legal Articles
American Perspectives.............................17
Bench Briefs...............................................4
Commercial Litigation .............................13
Consumer Bankruptcy..............................10
Court Notes ..............................................12
DMV ........................................................16
Pro Bono ..................................................17
Real Estate................................................12
Trusts and Estates (Cooper).....................16
___________________________________
Academy News ........................................28
Among Us ..................................................7
Calendar: Academy..................................28
Calendar: SCBA.........................................2
CLE Offerings..........................................22
Committee Corner....................................17
Future Lawyers Forum.............................11
Photos by Barry M. Smolowitz
The Suffolk County Bar Association sponsored a judicial swearing-in and robing ceremony on January 10 for
11 members of the Suffolk County Judiciary at Touro
Law Center in Central Islip. A standing room crowd of
dignitaries and well wishers were in attendance to mark
the momentous occasion.
Sheryl Randazzo, president of the SCBA and host of the
ceremony, welcomed the members of the bench, dignitaries, colleagues, their families, friends and well wishers.
Following the Pledge of Allegiance and the singing of the
National Anthem sung by member John Zollo, President
Randazzo turned the microphone over to Suffolk County
District Administrative Judge H. Patrick Leis III who
presided over the ceremony and administered the Oath of
Office to Supreme Court Justices W. Gerard Asher and
Andrew A. Crecca who were elevated to the Supreme
Court Bench.
Joe Ryan, Justice Asher’s longtime friend and past president of the Nassau County Bar Association sponsored
him and told the audience of his friend’s work ethic and
judicial wisdom. Justice Crecca’s sons, Andrew and
Michael, shared how they helped campaign for their
father and how in turn Judge Crecca helped campaign for
Andrew when he ran for Student Council President at the
Pines Elementary School. Andrew and Michael marveled
at just how supportive their father had always been of
their many activities. President Randazzo presented commemorative plaques to Justices Asher and Crecca upon
their elevation to the Supreme Court Bench.
Although each judge’s accomplishments were diverse,
a common thread ran through their responses - gratitude,
District Court Judge John Iliou, left, Acting Supreme Court
Justice Joseph Farneti, and District Court Judge Richard I.
Horowitz at the annual Robing Ceremony.
SCBA President Sheryl L. Randazzo and re-elected County
Court Judge Stephen L. Braslow.
and plenty of it. From political leaders to running mates,
campaign managers, mentors, parents, family and friends
- all received their due. The judges all said they were
pleased to be serving the public and would wear the black
robes with pride.
Judge Stephen M. Behar, who is a deacon at Mary
Immaculate R.C. Church in Bellport, gave the Invocation.
He was elevated to the County Court Bench.
Re-elected for additional terms were the Honorable
Stephen L. Braslow, whose father, Jack Braslow, a
respected lawyer himself, told the audience how proud he
was to be standing at the podium and sponsoring his son
for a second term as County Court Judge. The Honorable
C. Randall Hinrichs, Supervising Judge of the Criminal
Terms of the Courts within the County of Suffolk, administered the Oath to Judges Behar and Braslow, and in
abstention, Judge Hudson.
Judge James C. Hudson recovering from a recent
surgery could not attend the ceremony, but sent his good
(Continued on page 18)
PRESIDENT’S MESSAGE
What Do We All
Have In Common?
FOCUS ON
LAWYERING
& QUALITY
OF LIFE ISSUES
____________________
By Sheryl L. Randazzo
SPECIAL EDITION
On Monday, January 10, it was my distinct pleasure
and honor to host this year’s Judicial Swearing-In and
Robing Ceremony for the Suffolk County Bar Sheryl L. Randazzo
Association.
Since becoming a member of the SCBA, I have attended almost every
Robing Ceremony that the association has hosted. Early on I went because
having gone to law school in Washington, D.C. where all judges were
appointed and seldom mixed with practitioners, judges seemed so intangible.
I thought it would be something special to be able to see judges sworn in and
receive their robes. After the first time I faithfully have attended this annual
event because it has come to mean so much more to me.
For those of you who have attended an SCBA Robing Ceremony, you
know what a unique opportunity it is to learn about members of our judiciary and to gain broader perspective of what it means to be a lawyer in Suffolk
County. Personally, I enjoy hearing the judges speak about why they chose
to practice law and their journey bringing him or her to the bench. I am
always struck by the commitment to service that each judge has undertaken
and remarkably surprised after hearing most of their stories by just how much
we all have in common.
This commonality between bench and bar so apparent at the SCBA’s
Robing Ceremonies is one of the reasons I have committed so much of my
time and energy to my membership in the SCBA. As with all manners of
active participation in the SCBA, time spent with our colleagues helps us to
recognize that we are not in it alone. Realizing this is especially important
for attorneys in Suffolk County, the vast majority of which practice in small
BAR EVENTS
Healthy Life Series
The Art of Feng Shui
Tuesday, Feb. 8 from 4 to 6 p.m.
SCBA Board Room
For further information see page 13
Membership Appreciation
Tuesday, Feb. 1, 6 p.m.
Bar Center.
Author and motivational speaker Jon Gordon.
Theater Event - Cabaret
Thursday, Feb. 10, 6 p.m.
John W. Engeman Theater, Northport.
Included with the play is a pre-show cocktail
party in the piano bar lounge of theater.
Tickets are $60 per person. Call Marion at
(631) 234-5511, ext. 21l to secure tickets.
For further information, see page 5.
2
THE SUFFOLK LAWYER — FEBRUARY 2011
Suffolk County
Bar Association
560 Wheeler Road • Hauppauge NY 11788-4357
Phone (631) 234-5511 • Fax # (631) 234-5899
E-MAIL: [email protected]
Board of Directors 2010-2011
Sheryl L. Randazzo............................................................................................President
Matthew E. Pachman................................................................................President Elect
Arthur E. Shulman............................................................................First Vice President
Dennis R. Chase ...........................................................................Second Vice President
William T. Ferris ...............................................................................................Treasurer
Donna England ..................................................................................................Secretary
Hon. W. Gerard Asher.............................................................................Director (2011)
Annamarie Donovan................................................................................Director (2011)
Joseph A. Hanshe ....................................................................................Director (2011)
George R. Tilschner.................................................................................Director (2011)
Derrick J. Robinson .................................................................................Director (2011)
Cheryl F. Mintz .......................................................................................Director (2012)
Lynn Poster-Zimmerman.........................................................................Director (2012)
Richard L. Stern.......................................................................................Director (2012)
Kerie Pamela Stone .................................................................................Director (2012)
Michael J. Miller .....................................................................................Director (2013)
Hon. William B. Rebolini........................................................................Director (2013)
Wayne J. Schaefer ...................................................................................Director (2013)
Thomas J. Stock.......................................................................................Director (2013)
James R. Winkler.............................................................Past President Director (2012)
Ilene S. Cooper ................................................................Past President Director (2013)
Sarah Jane LaCova .............................................................................Executive Director
Our Mission
“The purposes and objects for which the Association is established shall be cultivating the science of jurisprudence, promoting reforms in the law, facilitating the administration of justice, elevating the standard of integrity, honor and
courtesy in the legal profession and cherishing the spirit of the members.”
Congratulations to Past President Cooper
Ilene S. Cooper
Congratulations to our immediate Past President Ilene S.
Cooper who received the coveted Volunteer Woman of the
Year award from The TIMES HUNTINGTON. She comes
from a volunteering family and started her volunteering very
early as a candy striper, where her dad, a pediatrician, and one
of the founders of Franklin General Hospital worked. Her
mom also spent many hours volunteering at that hospital.
Ilene’s goals and accomplishments are many, too numerous to
mention, but what we all do know is that Ilene is one of those
people to look up to and to emulate. She has definitely broken
many a “glass ceiling” and we are very proud that Ilene is an
active member of our association. She currently chairs the
SCBA Presidents’ Council.
Important Information from the Lawyers Committee on Alcohol & Drug Abuse:
Thomas More Group
Twelve-Step Meeting
Every Wednesday at 6 p.m.,
r
a
d
n
e
l
a
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OF
FEBRUARY 2011
1 Tuesday
Membership Appreciation Event - John Gordon, Author and Guest
Speaker and driver of positive change in businesses and organizations.
His recent book “The Energy Bus: 10 Rules to Fuel Your Life, Work &
Team with Positive Energy” has recently become a best seller.
Attendance is free.
2 Wednesday Appellate Practice Committee, 5:30 p.m., Board Room.
7 Monday
Executive Committee, 12:30 p.m., Board Room.
Insurance & Negligence - Defense Counsel, 5:30 p.m., E.B.T. Room.
8 Tuesday
Education Law Committee, 12:30 p.m., Board Room.
Healthy Life Series - Part IV - Feng Shui,
4:00 p.m. to 6:00 p.m., Board Room.
9 Wednesday Surrogate’s Court Committee, 5:30 p.m., Board Room.
10 Thursday
Criminal Law Committee, 5:30 p.m., E.B.T. Room.
Northport Theater Event,“Cabaret”, 6:00 p.m., at John W. Engeman
Theater, $60 per person. Register on line or call Bar Center.
15 Tuesday
Solo & Small Firm Practitioners Committee, 5:00 p.m., Board Room.
Commercial & Corporate Law Committee, 5:30 p.m., E.B.T. Room.
16 Wednesday Elder Law & Estate Planning Committee, 12:15 p.m., Great Hall.
Health & Hospital Law Committee, 5:30 p.m., Board Room.
17 Thursday
Professional Ethics & Civility Committee, 6:00 p.m., Board Room.
28 Monday
Board of Directors, 5:30 p.m., Board Room.
7
Monday
8 Tuesday
9 Wednesday
10 Thursday
14 Monday
15 Tuesday
16 Wednesday
23 Wednesday
LAWYERS COMMITTEE HELP-LINE: 631-697-2499
ASSOCIATION MEETINGS AND EVENTS
JANUARY 2011
20 Thursday
Surrogate’s Court Committee, 5:30 p.m., E.B.T. Room.
26 Wednesday Solo & Small Firm Practitioners, 5:00 p.m., Board Room.
MARCH 2011
2 Wednesday
All who are associated with the legal profession welcome.
Appellate Practice Committee, 5:30 p.m., Board Room
Elder Law & Estate Planning /Surrogate’s Court Committees,
6:00 p.m., Great Hall.
Insurance & Negligence - Defense Counsel Committee,
5:30 p.m., E.B.T. Room.
Education Law Committee, 12:30 p.m., Board Room.
Surrogate’s Court Committee, 5:30 p.m., Board Room.
Criminal Law Committee, 5:30 p.m., E.B.T. Room.
Healthy Life Series - Part V - Holistic Medicine- Dr. Alan Scherr4:00 p.m. to 6:00 p.m., Board Room.
Executive Committee, 12:30 p.m., Board Room.
Commercial & Corporate Law Committee, 5:30 p.m., Board Room.
Elder Law & Estate Planning Committee, 12:15 p.m., Great Hall.
Solo & Small Firm Practitioners, 5:00 p.m., Board Room.
Health & Hospital Law Committee, 5:30 p.m., E.B.T. Room.
THE
SCBA
Parish Outreach House, Kings Road - Hauppauge
All meetings are held at the Suffolk County Bar
Association Bar Center, unless otherwise specified.
Please be aware that dates, times and locations may
be changed because of conditions beyond our control.
Please check the SCBA website (scba.org) for any
changes/additions or deletions which may occur.
For any questions call: 631-234-5511.
SUFFOLK LAWYER
Publisher
LAURA LANE
Long Islander Newspapers
in conjunction with
The Suffolk County Bar Association
Editor-in-Chief
DOROTHY PAINE CEPARANO
The Suffolk Lawyer is published monthly, except for the months of
July and August, by The Long Islander Newspapers under the auspices
of The Suffolk County Bar Association.© The Suffolk County Bar
Association, 2011. Material in this publication may not be stored or
reproduced in any form without the express written permission of The
Suffolk County Bar Association. Advertising offices are located at The
Long Islander, LLC, 149 Main Street, Huntington, NY 11743, 631427-7000.
Academy News
Leo K. Barnes, Jr.
Eugene D. Berman
John L. Buonora
Dennis R. Chase
Elaine Colavito
Send letters and editorial copy to:
Ilene S. Cooper
The Suffolk Lawyer
Justin Giordano
560 Wheeler Road, Hauppauge, NY 11788-4357
Fax: 631-234-5899
Website: www.scba.org
Robert M. Harper
David A. Mansfield
Craig D. Robins
E.Mail: [email protected]
or for Academy news: [email protected]
Frequent Contributors
The articles published herein are for informational purposes only. They do not reflect the opinion of The Suffolk County
Bar Association nor does The Suffolk County Bar Association make any representation as to their accuracy. Advertising
contained herein has not been reviewed or approved by The Suffolk County Bar Association. Advertising content does
not reflect the opinion or views of The Suffolk County Bar Association.
To Advertise in
The Suffolk Lawyer
Call
(866) 867-9121
The Suffolk Lawyer
USPS Number: 006-995) is published monthly except July and August by Long Islander, LLC, 149 Main
Street, Huntington, NY 11743, under the auspices of the Suffolk County Bar Association. Entered as periodical class paid postage at the Post Office at Huntington, NY and additional mailing offices under the
Act of Congress. Postmaster send address changes to the Suffolk County Bar Association, 560 Wheeler
Road, Hauppauge, NY 11788-4357.
3
Photo by Laura Lane
The Road to Good Health
_____________
By Laura Lane
health is present when one’s
physical, physiological and
psychological aspects are harSometimes you want to try
moniously balanced. And it can
something new, but know little
benefit children and even aniabout it and it’s just too much
mals.
trouble to find out the information
“How we view our body is
you need before going forward;
the main difference between
so you don’t. Enter the SCBA’s
western and alternative mediHealthy Life Series.
cine,” she said. “Western mediFor a nominal fee, association
Laura Lane
cine sections you out. In
members have been granted the
opportunity to learn so many valuable acupuncture, we treat root causes; we
ways to take better care of themselves, don’t isolate one part of the body.”
Some people who attended the probecome more productive, and increase
their levels of energy. Throughout the gram had specific questions regarding
year experts have visited the SCBA on their own health. Ms. Rotondi said that
topics like meditation, eating healthy, acupuncture has been used very effectively to alleviate many issues including
and most recently acupuncture.
Nicole V. Rotondi, L.Ac., Dipl. Ac., MS, arthritis, sleep issues, and cravings. She
recently led an informative program on the encouraged everyone to try it, assuring
healing power of acupuncture, offering a them that the needles used are not
multitude of information. Having been painful. She explained that there are so
raised by a mother who believed in alterna- many concerns that can be addressed,
tive medicine, Ms Rotondi was intrigued some that might not occur to people,
by acupuncture. She obtained a Masters including cancer, behavioral issues in
Degree in acupuncture and has been help- children, and allergies.
When Ms. Rotondi completed her proing people ever since.
“Most people try acupuncture when they gram everyone stayed. That’s because one
are at their wit’s end,” she said. “And of the nice perks at all of the Healthy Life
sometimes people come to see me who Series programs is the wine and cheese
don’t know what’s wrong with them. In provided after the program. Taking a
four or five treatments people should see a moment to relax, everyone networks and it
is possible to speak to the speaker in a
change.”
Ms. Rotondi said that the ancient form more casual setting.
“Sometimes we need something like
of medicine can be used for emotion as
well as physical well being. The concept this, we lawyers, for our body and mind,”
of acupuncture is based on the belief that said Olga Ruh, who added that she’d heard
Amy Chaitoff, the Healthy Life series coordinator, left, speaker Nicole V. Rotondi, and
SCBA President Sheryl L. Randazzo.
about the program in The Suffolk Lawyer.
“We need to focus on ourselves as well as
our jobs and careers.”
By the end of the evening there was the
sound of laughter, conversations on topics other than work, and a feeling of hope
in the room.
“Acupuncture is one of the many
approaches to a healthier life that can
benefit all people, but lawyers in particular stand to gain a great deal from slowing
down, recognizing what ails them, and
allowing a professional to help redirect
their energy in a positive way,” said
SCBA President Sheryl Randazzo. “If we
Meet Your SCBA Colleague
_____________
By Laura Lane
Was there an event or person that led
you to pursue the type of law you’ve
chosen? My criminal procedure teacher at
Hofstra Law School inspired me to
become a prosecutor. That class is usually
presented by someone who is liberal everyone is wrongly convicted. This
teacher, having been a prosecutor, presented everything more neutrally.
How did you end up working at the
Dept. of Justice? After graduating from
law school I was appointed by the U.S.
Attorney General to the Honor Law
Graduate Program at the Dept. of Justice
in Washington, D.C. I was assigned to the
Criminal Division, Appellate Section of
the Department.
What did you handle at the Dept. of
Justice? I wrote and argued appeals from
cases arising out of Strike Forces in five
different federal circuits, prepared memoranda in opposition to petitions for writs
of certiorari to the United States Supreme
Court and I assisted in the preparation of a
number of briefs to the Supreme Court in
cases that were accepted for review.
That sounds very fulfilling. Why
come to Suffolk County? I grew up in
Rockville Centre. But it was my wife,
Lynne Adair Kramer, who had always
wanted to open her own practice on Long
Island. I was happy to come back to Long
Island but really knew nothing about
Suffolk County – I thought it was all
farmland. We chose Suffolk County over
Nassau because we both loved to play tennis and wanted a house with a tennis
court. I did get an offer from both the
Nassau and Suffolk District Attorney’s
office.
You accepted the job as an Assistant
District Attorney in Suffolk County.
What was that like for you? When I
came to Suffolk County I wanted a job
with the U.S. Attorney’s Office but I was
turned down because I didn’t have the
experience needed.
It was an ego adjustment going from the
Justice Dept. to the local DA’s office. But
at the Justice Dept. the cases were from all
over. At the DA’s office everything was
local. It was a much more personal experience than working for the Justice Dept
and I got to know people in Suffolk
County.
How did you end up working environmental cases? In 1983 I got a complaint about a furniture stripper who was
dumping chemicals. We got the guy. I
started and became the first chief of the
Environmental Crime Unit in the State of
New York at a local level. For three years
I was the only DA prosecuting environmental crime full-time. And I had the first
two jail sentences for environmental
crime in New York. I was ahead of the
learning curve.
What were the challenges at that
time? I had to convince the judges that
environmental crime should be treated the
same as DWI. They were all white collar
criminals that had never been in trouble
before. By contaminating ground water
they affected thousands of people. We had
more convictions in Suffolk County from
1984 to 1987 than the attorney generals.
only set aside our skepticism and reorganize our priorities to reflect that we value
ourselves and our own health, we will be
better able to handle our clients, life’s
various stresses and all of the responsibilities we take on every day. This series is
a step in the right direction to help our
members do so. “
Note: Laura Lane is the Editor-in-Chief of
The Suffolk Lawyer. She is an award-winning journalist having written for the New
York Law Journal, Newsday and the
Herald newspapers among others. She
can be reached at (516) 376-2108.
Frederick Eisenbud,
a Commack environmental law
and litigation attorney, worked for the U.S. Dept of Justice before joining the
Suffolk County District Attorney’s office. His career has been anything but routine.
You accomplished even more to help
protect the environment at your next
job, the Suffolk County Attorney’s
Office, right? I was the Deputy Chief of
the Federal and Civil Litigation Bureau and
was Counsel to the Suffolk County Board
of Health. I helped write ground water protection regulations. Then when I went into
private practice three years later at Cahn
Wishod & Lamb (Lamb & Barnosky, LLP
now) I handled their environmental and
municipal litigation. Eight years later I left
to start my own practice, but I returned to
Lamb & Barnosky in 2005 to head their
Environmental Practice Group.
But soon you decided to open your
own practice again. I developed their
practice and became a partner. It was a
tough decision to leave in 2008. I wanted
to accept all categories of environmental
cases but I couldn’t do that at Lamb &
Barnosky because of conflicts of interest
with the firm’s municipal clients.
What do you like about being an
environmental law attorney? I love
what I do because I feel like I’m always
learning something new. Environmental
Law is a field that is constantly evolving.
I also love it because I can help people.
When and why did you join the
SCBA? I joined in 1978. It was the way to
have a collegial relationship with others
and a way to give back to the legal community. I felt I had skills to share with
people and one way was through the committees at the SCBA. I was the co-chair of
the Environmental Committee seven different times and I was also a past member
of the Board of Directors. I lecture for the
Frederick Eisenbud
Academy annually.
You’ve published, were the Editorin-Chief for the Academy of Law’s Law
Review, and lecture. Why do you continue to lecture? I enjoy it. I believe
lawyers have an obligation to share their
skills with other lawyers so they can get
good at what they do. I was also an
adjunct professor at Touro Law which
was an interesting experience. It really
forces you to learn your subject matter.
And I like the fact that it forced me to
keep current in my field.
Why would you recommend SCBA
membership to another attorney? The
committee system at the SCBA is a wonderful way to get to know your fellow
lawyers. The interaction you’ll experience
will enhance your practice. And being an
SCBA member will give you a level of
comfort to know you can call other lawyers
so you don’t have to reinvent the wheel.
4
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The New York Center for
Neuropsychology
& Forensic Behavioral Science
Dr. N.G. Berrill, Director
What is quality of life?
[ Over 20 Years \
Providing Consultation to Attorneys
& the Courts on Psycho-legal Matters
• Criminal Cases: Competency Issues, Criminal
Responsibility, Extreme Emotional Disturbance, Risk
Assessment, Sex Offender Workups & Dispositional
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Custody/Visitation, Neglect/Abuse, Termination,
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Comprehensive Diagnostic &
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26 Court Street, Suite 912, Brooklyn, NY 11242
718-237-2127
45 North Station Plaza, Suite 404, Great Neck, NY 11021
516-504-0018
139 Manhattan Avenue, New York, NY 10025
212-280-3706
WWW.NYFORENSIC.COM
_______________
By Gail M. Blasie
It seems like we are all under an enormous amount of stress and pressure,
especially here on Long Island and in
New York City. People hang up the
phone without saying goodbye and transfer your call while you are in mid-sentence. There is no time for the polite
banter upon which many good relationships are built. So in the face of such
enormous stress and competition, how
do we attorneys create and maintain
“quality of life?” What is “quality of
life?”
is a reason why the
“ There
substance abuse and
divorce rates are so high
amongst attorneys.
”
There is good stress and bad stress.
The bad stress is what ruins quality of
life. Bad stress makes us short with our
staff and family. And we all know how
one harsh word can ruin trust in a rela-
tionship which will take a very long time
to rebuild. If we do find ourselves acting
harshly, we can always apologize, even
though some say that being an attorney is
never having to say “I’m sorry.” But a
verbal apology is just the first step in
repairing the harm. We have to change
our behavior. And key to changing the
behavior is changing the circumstances
that cause the stress and changing our
attitude about situations. This means we
have to take stock of what is going on in
our practices and lives and see what we
can change to reduce the stress.
I hate feeling stressed – good or bad.
The good stress motivates me to expand
my horizons, take on a challenge, and
learn something new. Typically, the
stress I experience in these situations is
FOCUS ON
LAWYERING
& QUALITY
OF LIFE ISSUES
SPECIAL EDITION
Quality Of Life Tips
• Live within your means. The less debt
you have, the more options you have
about what work you will and will not
take on.
• Always have a vacation scheduled to
look forward to.
• Remember, don’t take the behavior of
others personally.
• Take time to do those things that
brighten your life. Put up those holiday decorations, paint your office, buy
a new suit.
• When your gut tells you not to take on
a particular client, follow your intuition.
• Attend to those things that you have
been putting off. Take care of that
issue that you have been avoiding
because you do not know how to do it
or because you dislike the task. The
problem will only get worse by not
attending to it.
• Exercise. Take time to be outside.
___________________
By Elaine M. Colavito
Take a walk or bike ride.
• Spend time with children, without
attending to any work tasks. Children
are the true experts of being in the now.
• Leave the office at 6:00 and go to your
child’s soccer or baseball game, no
matter what. Work will always be
there, but they won’t always be young.
• Be grateful for what you have.
Contentment is having what you have.
• Outsource projects and create more
time for yourself.
• If you are stuck, ask for help. Reach
out to other attorneys to discuss issues
of law and professional dilemmas.
Suffolk Bar Association committees
are wonderful and free events to meet
other lawyers to call upon.
• Realize what you have control over –
which is yourself – and let go of those
things you have no control over –
everything else!
• Do your best and let go of the result.
BENCH BRIEFS
SUFFOLK COUNTY
SUPREME COURT
Honorable Paul J. Baisley, Jr.
Plaintiffs motion for an ordered directing the Motor Vehicle Accident Indemnification Corporation (MVAIC) to pay
$25,000 to the plaintiff denied; as a matter of law, the MVAIC is not permitted to
pay any amount in settlement without the
required assignment
In Alejandro Fuentes and Maria
Fuentes v. Christopher M. Cambria and
Stephan Cambria, Jr., Index No.:
32790/09, decided on May 4, 2010, the
court denied plaintiffs motion for an
ordered directing the Motor Vehicle
Accident Indemnification Corporation
(MVAIC) to pay $25,000 to the plaintiff
Alejandro Fuentes in settlement of an
uninsured motorist claim made to
MVAIC. This was a personal injury
action arising from a motor vehicle accident wherein plaintiff Alejandro Fuentes
5
Quality of Life Questions And Answers For Attorneys
____________
By Geri Leon
Who’s complaining about lack of
quality of life in the practice of law?
We are. Working within today’s legal
paradigm is quite a task! When we practice
“
For every thought and
emotion we experience,
there is a corresponding
biochemical correlate.
”
law, stress seems to come with
working very hard in perfectionthe territory. Our jobs are very
istic ways to make sure there are
demanding and we are good at
absolutely no errors in our work.
spotting mistakes and flaws in
According
to
researchers,
legal arguments. This may be
Amiram Elwork, J.D. Psy.D., and
because we have analytical
Douglas B. Marlow, Ph.D., J.D.,
minds and we’ve been trained to
when it comes to studying high
search for glitches and errors in
stress environments, lawyers are
our opponents’ legal arguments.
the perfect subjects!1 These
authors should know, since they
This skill is very useful but it can
Geri Leon
are lawyers, as well as, psycholohave a “boomerang effect.”
We’re so good at critical analysis and spot- gists who work with lawyers!
Chronic stress and worry are not probting flaws and insufficiency that we may
become painfully aware of our own flaws. lems that can be resolved with quick fixes
Or if we’re not aware of them, we may be and simple-minded solutions. For some of
us, we feel so pressured about our heavy
Come To The Cabaret!
Join your SCBA colleagues at the John
W. Engeman Theater in Northport on
Thursday, Feb. 10 at 6 p.m. to see a professional production of the musical, Cabaret.
This popular 1966 Broadway production,
later made into a very successful film showcasing the talents of Liza Minelli, is the perfect event for post-holiday blues. If you’ve
never been to the Engeman Theater you are
in for a real treat. Known as one of the few
theaters on Long Island to offer a comparable New York City theater experience, they
hire city professionals and boast a state-ofthe art stage. Also included in this terrific
SCBA night out is a pre-show cocktail party
in the piano bar lounge of the theater; hors
d’oeuvres by Compari of Northport and
unlimited wine, beer, and soft drinks.
Tickets are only $60 per person. Call
Marion at (631) 234-5511, ext. 21l to secure
tickets. Get your tickets and ‘Come to the
Cabaret!’
Set in 1931 Berlin, Cabaret takes
place in and around the seedy Kit
Kat Klub, one of many cabarets
that populated Berlin. Clifford
Bradshaw, a young, American
writer, comes to the city in the
hopes of finding inspiration for his
new novel. At the Kit Kat Klub he
finds his inspiration - Sally
Bowles, a young, English cabaret
performer. They fall in love but
their joy is short-lived due to the
growing influence of the Nazi
party in Berlin. The hardships people experience in Berlin and the
declining state of the city, are commented upon by the ever-present
Emcee and the cabaret girls at the
Kit Kat Klub. Cliff and Sally continue to struggle to keep their relationship alive but it is anything but
easy given the difficult circumstances that surround them.
FOCUS ON
LAWYERING
& QUALITY
OF LIFE ISSUES
SPECIAL EDITION
workloads that we just don’t want to even
talk about it—and so we suppress our feelings of pressure. Other lawyers do want to
discuss it and their common complaint is,
“there’s too much to do and not enough
Mindful
Breathing Exercise To Reduce Stress
____________
By Geri Leone
This exercise allows you to relieve tension and stress without even leaving your
office chair. It has proven, positive, biochemical, effects on your body such as reducing blood pressure and heart rate while improving your focus and concentration.
• Sit comfortably in your office chair, feet flat on the floor, neck and shoulders
aligned with an erect spine. Put a hold on all phone calls.
• Place both hands comfortably on your abdomen.
• Close your eyes.
• Part your lips slightly and soften your jaw and tongue.
• Scan your body for tension—notice where the tension is and breathe into it.
• Consciously relax every part of your body including your facial muscles.
• Take in a slow, deep, full, breath through your nose and exhale slowly through
your mouth. Notice the cool air entering your nose.
• Feel your abdomen expand as you inhale and deflate as you exhale.
• Inhale to a count of four, hold for a count of four, and then, exhale to a count of
eight.
• Repeat five times letting go of all other thoughts.
• Try doing this for 10 minutes, then see how you feel!!!
6
ASK THE DIVA
Ask The Diva
@Appeal
this letDear Diva: Iteramtowriting
you since you
always know what to do in a situation.
Also, you always look good in black.
I am an intern at a prestigious law firm,
Whooee, Cheetum and Howe. I am puzzled
by the mixed messages I receive from the
senior partners as to when the law firm
requires a written retainer agreement signed
by a client. Mr. Cheetum (who represents
clients in personal injury matters) insists
that we have a signed written retainer for
each client, while Ms. Howe (who handles
real estate) seems not to need a signed written retainer. I am confused as to whom I
should listen. Can you help me?
Signed,
Query
_______________________
I can clear
Dear Query: Yes,
up your confusion and direct you to several sources.
The first to consider is the Professional
Code of Conduct adopted April 1, 2009,
which superseded the former Part 1200
(Disciplinary Rules of the Code of
Professional Responsibility).
Specifically to your questions and confusion, I suggest you review the Professional
Code of Conduct’s Rule 1.5. Therein, the
requirements of legal fees and the division
of fees are addressed. (See below complete
copy of Rule 1.5 of the Professional Code
of Conduct) Within Rule 1.5 you will find
a review of how and when an attorney shall
communicate their fees to the clients; the
scope of their legal representation and
other requirements, including the reasonable legal fees and the types of information
that must be contained in the retainer.
Rule 1.5 states that the information shall
be in writing where required by statute or
court rule. Therefore, you also need to check
the type of action that your law firm was
retained for, and in what jurisdiction. There
are some specific requirements for contingent fees arrangements: the law firm shall,
among other things, clearly notify the client
of any expenses for which the client will be
liable regardless of whether the client is the
prevailing party (Rule 1.5 (c)). For domestic
relations matters, an attorney must be familiar with Rule 1.5 (d) 5, which has specific
requirements regarding fee arrangements.
The Professional Code of Conduct also
addresses a number of other issues to consider when representing a client, i.e.,
whether this is an existing client that you
are representing on a new matter and
whether the legal fees to be charged have
changed. See Rule 1.5 (b).
Depending upon the type of action, you
also need to check the local court rules.
For example, I checked the New York State
Unified Court System website and it lists
various department requirements.
See
http://www.courts.state.ny.us. The First
and Second Department has specific
requirements for certain claims and actions
involving personal injury, property damage,
wrongful death and loss of service arising
from and or in connection to such matters
(see Part 603.7 and 691.20 respectively); the
Third Department has no filing requirements
that I can determine from Office of Court
Administration’s website and the Fourth
Department indicates that its rules 1022.2 &
1022.3 were repealed and amended.
In your quest for information, another
source to add is the list of opinions issued by
the NYSBA Committee on Professional
Ethics. These opinions are advisory and are
issued only to attorneys concerning their
own proposed conduct, not past conduct or
the conduct of another attorney.
All of this information is available to you
free of charge at the click of the mouse.
Besides the website listed above, see our own
Suffolk County Bar Association Website
(www.scba.org) under Professional Ethics.
I hope this information was helpful to
you. Please continue to write to me as you
know how I love to read my fan mail.
Signed the ever popular
Diva Appeal
Note: Regina Brandow is a member of the
SCBA’s Professional Ethics & Civility
Committee. An active member, she also participates in the Surrogate Court and the Elder
Law Committees. Ms. Brandow is a member
of the Stony Brook Rotary and the Surrogate
Court Decision Making Committee. She is a
solo practitioner with offices located in Stony
Brook, New York that concentrates in estates
and special needs planning, including
guardianships
If you have a specific question that
you want to ask Diva, fax the SCBA
at (631) 234-5899 Attn. Marion
Baumer, for Professional Ethics
“Ask the Diva.” Marion can also be
reached at [email protected]. All fictitious and non-fictitious names are
accepted
Professional Code of Conduct adopted April 1, 2009
RULE 1 .5:Fees and Division of Fees
(a) A lawyer shall not make an agreement for, charge,
or collect an excessive or illegal fee or expense. A fee is
excessive when, after a review of the facts, a reasonable
lawyer would be left with a definite and firm conviction
that the fee is excessive. The factors to be considered in
determining whether a fee is excessive may include the
following:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to
perform the legal service properly;
(2) the likelihood, if apparent or made known to the
client, that the acceptance of the particular employment
will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation and ability of the lawyer
or lawyers performing the services; and
(8) whether the fee is fixed or contingent.
(b) A lawyer shall communicate to a client the scope
of the representation and the basis or rate of the fee and
expenses for which the client will be responsible. This
information shall be communicated to the client before
or within a reasonable time after commencement of the
representation and shall be in writing where required by
statute or court rule. This provision shall not apply when
the lawyer will charge a regularly represented client on
the same basis or rate and perform services that are of
the same general kind as previously rendered to and paid
for by the client. Any changes in the scope of the representation or the basis or rate of the fee or expenses shall
also be communicated to the client.
(c) A fee may be contingent on the outcome of the
matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph
(d) or other law. Promptly after a lawyer has been
employed in a contingent fee matter, the lawyer shall
provide the client with a writing stating the method by
which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the
event of settlement, trial or appeal; litigation and other
expenses to be deducted from the recovery; and whether
such expenses are to be deducted before or, if not prohibited by statute or court rule, after the contingent fee is
calculated. The writing must clearly notify the client of
any expenses for which the client will be liable regardless of whether the client is the prevailing party. Upon
conclusion of a contingent fee matter, the lawyer shall
provide the client with a writing stating the outcome of
the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
(d) A lawyer shall not enter into an arrangement for,
charge or collect:
(1) a contingent fee for representing a defendant in a
criminal matter;
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(2) a fee prohibited by law or rule of court;
(3) fee based on fraudulent billing;
(4) a nonrefundable retainer fee; provided that a lawyer
may enter into a retainer agreement with a client containing a reasonable minimum fee clause if it defines
in plain language and sets forth the circumstances
under which such fee may be incurred and how it will
be calculated;or
(5) any fee in a domestic relations matter if:
(i) the payment or amount of the fee is contingent upon
the securing of a divorce or of obtaining child custody
or visitation or is in any way determined by reference
to PART 1200 - RULES OF PROFESSIONAL
CONDUCT 5 the amount of maintenance, support,
equitable distribution, or property settlement;
(ii) a written retainer agreement has not been signed by
the lawyer and client setting forth in plain language
the nature of the relationship and the details of the fee
arrangement; or (iii) the written retainer agreement
includes a security interest, confession of judgment or
other lien without prior notice being provided to the
client in a signed retainer agreement and approval
from a tribunal after notice to the adversary. A lawyer
shall not foreclose on a mortgage placed on the marital residence while the spouse who consents to the
mortgage remains the titleholder and the residence
remains the spouse’s primary residence.
(e) In domestic relations matters, a lawyer shall provide
a prospective client with a statement of client’s rights
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7
SIDNEY SIBEN’S AMONG US
On the Move…
Bracken & Margolin, LLP
and Harvey B. Besunder,
P.C. are merging their law
firms. The new firm will be
known as Bracken Margolin
Besunder LLP with offices
located at 1050 Old Nichols
Road, Suite 200, Islandia, N.Y.
11749; telephone: (631) 2348585; Fax (631) 234-8702.
Business Alliance at the
Holiday Inn in Ronkonkoma.
Her topic was, the “Do’s and
Don’ts for Avoiding and
Resolving Business Disputes.”
Karen Anne O’Donnell,
will exhibit an art piece at the
Ripe Gallery’s VALENTINE
themed exhibit “Rose Colored
Jacqueline M. Siben Glasses” from Feb. 14 (reception 5-8 p.m.) through
March 1 at the Ripe Gallery, 67A
Roe Taroff Taitz & Portman welcome Broadway, Greenlawn (631-239-1805).
Christine R. Shiebler into their firm as Ms. O’Donnell exhibited her 12-panel
Counsel. Ms. Shiebler concentrates her window / sculpture of photos and
practice in the areas of wills, trusts and memorabilia titled “Vintage America”
and her mixed media 6-panel window
estates, elder law and real estate.
titled “Mermaid Parade - Coney Island” at
the Huntington Arts Council’s satellite
gallery in Melville during August and
To the Honorable Steve Stern who was September. Her photo “Coney Island
honored by The TIMES HUNTINGTON as Thrills” was picked for a juried exhibition
the “Man of the Year in Government.” at the Petite Gallery in Huntington held by
Legislator Stern has spearheaded many the Huntington Arts Council in which 38
programs which have benefited the com- artist were selected from 200 entries. This
munity and his advocacy has made a photo was also included in Harborfield
tremendous impact on veterans not only in Library’s local artist exhibit titled
“Visions of Experience” during Sephis district but countywide.
tember 2010.
Melissa Negrin-Wiener, an elder law
STEPHEN P. SCARING, senior
attorney and partner at Genser Dubow
partner
in the firm of Scaring &
Genser & Cona (GDGC) in Melville, will
be a recipient of Long Island Business Brissenden PLLC, Garden City, has again
News’ 40 Under 40 award in the Class of been named in the 2010 Super Lawyers Metro Edition’s top list of attorneys
2011.
practicing in the area of Criminal Defense
Law in New York State.
Congratulations…
Speedy Recovery….
Wishing County Court Judge James C.
Hudson a very speedy recovery following
his recent surgery.
Announcements,
Achievements, &
Accolades…
Edward J. Blaskey, Market President at
TD Bank and outgoing President of the
Advancement for Commerce Industry &
Technology, Inc. (“ACIT”), announced
on Dec. 3 the election of Frederick C.
Johs, partner in the law firm of Lewis
Johs Avallone Aviles, LLP (“Lewis
Johs”), to serve as the new President of
ACIT. Fred previously served on the
Board of Directors of ACIT.
Alan E. Weiner, a partner emeritus at
Holtz Rubenstein Reminick, was quoted
in TaxAnalysts in their 20th anniversary
article regarding notable tax achievements.
David Pomerantz has posted a new
podcast on Forensic Perspectives - An
Attorney’s Guide to Cross-Examining
Financial Expert Witnesses. Forensic
Perspectives is a web-based radio show
hosted by nationally recognized forensic
accounting expert, Mark S. Gottlieb. The
podcast provides listeners in the legal services community immediate access to
today’s top legal and accounting experts.
To
hear
the
series,
visit
www.msgcpa.com.
Alexander G. Bateman, Jr. of Ruskin
Moscou Faltischek, P.C. was elected to
the Board of Directors of United Way of
Long Island.
Lisa Renee Pomerantz was the featured speaker at the January 19 monthly
breakfast meeting of the MacArthur
Forchelli, Curto, Deegan, Schwartz,
Mineo, Cohn & Terrana LLP Real Estate
Partner Kathleen Deegan Dickson and
appointed to the All Saints Regional
School Board in Glen Cove.
Condolences….
The members of the SCBA were saddened to learn of the recent passing of
labor law attorney Michael C. Axelrod
who carried on his work despite battling
lung cancer for the past two years.
Axelrod, a partner with Certilman Balin,
primarily represented unions for thousands of firefighters and police officers
throughout the metropolitan area.
The SCBA expresses sympathy to
member Terri P. Minott upon the recent
passing of her father, Ira Stoloff.
To Riverhead Town Justice Allen M.
Smith on the passing of his beloved wife,
Janice Greenwald.
To longtime member Paul R. Ades and
his family on the passing of his beloved
wife, Jane.
New Members…
The Suffolk County Bar Association
extends a warm welcome to its newest
members: Lisa Albert, Lisa Bisagni,
Jacqueline Caputo, Richard F.
Jaworski, Ethan A. Kobre, Terrence T.
Kossegi, Margaret M. Lunger, Thomas
W. Raleigh, Marianne S. Rantala and
Gerard H. Toner.
The SCBA also welcomes its newest
student members and wishes them success
in their progress towards a career in the
law: Timothy Patrick Manning and
Angelo D. Urso, Jr.
Do your Clients
owe you money?
LET ME COLLECT THE
FEES YOU’VE EARNED!
CALL THE
LAW OFFICE OF ELAN MARKEWITZ, ESQ.
631 779-3101
127 SOUTHFIELDS ROAD
RIVERHEAD NY 11901
[email protected]
Practicing in Collections
* Commercial
* Consumer
* Legal
8
One Attorney’s Journey To Quality Of Life
_______________
By Gail M. Blasie
This is an interview conducted with a
local attorney who has combated alcoholism and depression. Since anonymity
is key to lawyers obtaining and seeking
help, we will keep the attorney’s name
anonymous.
What kind of practice do you have
and how long have you been practicing?
I am your typical small firm practitioner
and have been practicing over 18 years.
We see over and over again how substance abuse and depression are rampant
in the legal profession. I don’t know if
lawyers are any worse than anyone else.
We all seem to have stressful lives, and in
the beginning alcohol and drugs take the
edge off. Unfortunately, alcohol and drug
addictions are progressive illnesses and get
worse over time. What was once completely unacceptable behavior became status
quo. Our family and professional lives suffer tremendously, not to mention our health.
So what happened to you?
want to go to the Suffolk County
The short story is that what startBar
Association
Lawyers
ed out being a social lubricant and
Helping Lawyers Committee
stress leveler became my master.
because I didn’t want anyone to
The longer story is that I had no
know about my problem. I came
tools or resources to deal with life
to find out that many already
or the stress of the profession. I
knew I had a problem, but they
felt I had to be perfect. I believed
didn’t say anything.
I could not confide in other colleagues about various issues so I
What did the Lawyers
Gail M. Blasie
was very isolated. I felt like an
Assistance Program do? They
imposter. To the outside world, I acted con- were great. They really helped me assess
fident and in control, when on the inside I and evaluate what my problem was. I
was being eaten up alive with self-doubt thought everyone else was my problem,
and self-loathing. I was living a lie.
and they kept me focused on my drinking
problem. I was referred to a trained “peer
That sounds painful, and familiar. assistant” who is really just another attorThe hangovers got really, really bad. My ney who had faced his demons and volunhands shook in the morning. I was irrita- teered to help others through the fog. He
ble all day long until I could have a “cock- was really a huge support for me.
tail.” I was pretty miserable. I ran into
Have you stayed sober ever since?
some trouble with the Grievance
Committee. I had a choice to either get Yes, I have. I am fortunate. I also went to
some help or face suspension. I was put in Alcoholics Anonymous and therapy.
touch with another lawyer from the State Those two things really changed my life
Bar Lawyers Assistance Program. I didn’t and helped me learn some tools to deal
FOCUS ON
LAWYERING
& QUALITY
OF LIFE ISSUES
SPECIAL EDITION
with life on life’s terms, without drinking.
So why are you still anonymous? It keeps
me humble. But I am always more than willing to share my experience with anyone.
There is hope! Contact the NYSBA
Lawyers Assistance Program for free confidential help and support at (800) 2550569, or the Suffolk County Lawyers
Helping Lawyers Committee through the
Suffolk Bar Association.
Note: Gail M. Blasie is an outsource/freelance attorney. She provides quality legal
research and writing (including appeals) for
lawyers all over Long Island, Brooklyn,
Queens and New York City. She graduated
Order of the Coif from the University of
California at Davis and has an office in
Massapequa Park.
Finding Balance
______________________
By Richard W. Morrison
Do these scenarios sound familiar?
The judge wants the matrimonial documents submitted by next week. The personal injury client is not happy with the
proposed settlement and wants to take the
matter to trial. The expert witness, his
doctor, wants $3,500 just to talk to him and
$2,000 a day to testify - in advance. By
the way, you are on trial next week. The
real estate broker called this morning with
a new deal but needs the contracts out
today. It’s the old excuse that there is
another deal outstanding and the first to get
the contracts out gets the deal; or the client
is going on vacation and needs them
immediately. The short sale that you
worked so hard on is not acceptable to the
bank – that’s after four months of hard
work. The secretary is sick and won’t be
in for a few days.
Is all of this what I signed on for when I
became an attorney?
FOCUS ON
LAWYERING
& QUALITY
OF LIFE ISSUES
SPECIAL EDITION
How about these?
divorce. Note to self: These
The kids’ college tuition is due
don’t work very well. My best
but I don’t have the money. The
friend died of a heart attack three
monthlies are due and the withmonths ago at age 57. He left
holding is more than I make.
this world with lots and lots of
Everyone gets paid more than I
debt, anxiety and worry.
do and sooner too. I feel like an
I teach Aikido classes, Zen
ATM machine where everyone
Meditation classes and Tai Chi at
is pulling at me from different
the Suffolk Institute for Eastern
directions.
Volleyball fees, Richard W. Morrison Studies in Smithtown. Rumor
sweet sixteen parties, college
has it that I am the incoming
prep courses, college application costs, director. The present Director is 80 years
cars, insurance, repairs; “I need, I need, I of age.
need.” At one point I owned and kept five
Anyone can participate in meditation.
cars on the road. I felt like a used car deal- Anyone can do Tai Chi. Aikido is more
ership. My father used to say, “A handful physically demanding although two of my
of gimmee and a mouthful of I want.”
teachers are above 80 years of age, but
Talk about stress! The practice of law they have been practicing for 50 plus
has become more difficult in the last 20 years.
years. Fax machines and e-mail have
I remember when I first started taking
made our lives faster and more complicat- Aikido classes. There was an old guy geted. The living of life has become more ting changed in the locker room. He was
difficult and certainly way more expen- in his late 80s. I remember saying to
sive.
myself, “how is this guy going to get
through the class.” I was 35. It ends up he
How do we cope?
not only was taking the class, he was
There is a variety of coping mechanisms teaching it. Half way through the class I
people use. We eat twice as much as we remember saying, “Lord, how am I going
want and three times more than we need. to make it through the class?” Aikido is
We certainly drink more than we should more physically demanding and we shall
and have trouble enjoying ourselves with- save it for another discussion. Instead let’s
out alcohol. “A bottle in front of me is bet- talk about meditation and Tai Chi.
ter than a frontal lobotomy.” How about
The only place that life makes perfect
abusing prescription medication? There’s sense is on the meditation cushion. As you
adultery followed shortly thereafter by quiet your mind and follow your breathing
everything starts to settle down. Thich
Nhat Hanh is a Tibetan Buddhist monk and
he tells a wonderful story of making
lemonade for his niece and four friends.
He poured four cups and the remaining cup
was loaded with pulp. Needless to say his
niece was not interested. He suggested
that she go play for fifteen minutes. When
she came back, all the pulp had settled to
the bottom. Our mind is like this. When
we sit for 10 or 15 minutes all the mishegas settles to the bottom. Hint: none of it
is really important. In the great cosmic
scheme of things, most things we worry
about either never happen or work themselves out.
Zen or meditation practice allows us to
accept things as they are. When you are
done sitting you let out a breath and everything is ok. It may not be the way you
want it, but it’s ok. The Buddhists have a
wonderful saying: Everything is exactly
the way it is supposed to be; you may not
agree with it but that’s ok. Meditation
practice helps you to live in the moment; to
allow tomorrow’s worries to take care of
themselves. This moment is precious and
everything is perfect in this moment.
(Next moment - maybe not so good. Only
kidding.)
One could call Tai Chi the meditation in
movement. It certainly is that. Practiced
differently, it is an extremely effective
martial art where each of the movements is
9
Fixing The Hole In My Bucket
_____________________
By Edward J. Nitkewicz
Like many people, I have spent the better part of my life fashioning a list of
places I wanted to go and things I wanted
to do. Because I am a typical American
male, my list is mostly populated by sporting venues I want to visit and sporting
events I want to witness. My “Bucket
List” includes seeing a baseball game in
each of the Major League Baseball parks,
seeing a football game in each of the
National Football League Stadiums, seeing a hockey game in each of the National
Hockey League arenas and making a pilgrimage to the respective Halls of Fame of
each of those sports leagues. (Because I
could only jump 3 inches off the ground,
my love of basketball lasted approximate-
Ed's father
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Ed and his son Edward
ly 14 seconds.)
My passion for sports was instilled in
me by my beloved father when I was a
young boy of seven. That year, I attended
my first baseball games with him at Shea
and Yankee Stadiums. He took me to see
Joe Namath lead the New York Jets play
against Archie Manning and the New
Orleans Saints. With him, I saw Eddie
Feigner, the famed leader of a four man
softball troop, the King and his Court, play
at Eisenhower Park. And I played my first
year of Little League Baseball for a team
sponsored by Palermo Pizza of the Seaford
Little League.
I was, I am now fairly certain, a horrible
baseball player. I lacked the fundamental
skills or any appreciable talent in the sport
I most loved; but how I enjoyed playing.
Every practice was another chance to
throw, to hit, and to catch better. I thought
about every game as though the future of
the free world depended upon my ability
to finally pull the talent from that well
deep within my New York Met clad soul.
With every earth shattering heartbreak I
was comforted by a most unlikely sports
Learning to Manage
Pain and Wellness
_______________
By Amy Chaitoff
in the presentation, "Reset Your
Life: A Vitalistic Approach To
Pain
Management
And
We all have aches and pains as
Wellness.” It will be presented
we get older, but sometimes these
by guest speaker Dr. Alan Sherr,
aches and pains can start to take
the founder and director of the
over our lives and can prevent us
Northport Wellness Center.
from living life to the fullest by
The "Reset Your Life: A
keeping us captives, robbing us
Vitalistic Approach To Pain
from the joys of life and family
Management And Wellness”
activities. In the March program
Amy Chaitoff
program will be held on
presented by the "Healthy Life
Series," the reality of pain and its healthy Thursday, March 10, 2011, from 4 to 6
and holistic management will be addressed
About the Speaker:
Alan Sherr, DC
Founder, Director,
Northport Wellness Center
Dr. Alan Sherr graduated from the
New York Chiropractic College in 1980
and has been in private practice for the
past 30 years on Long Island. He is
founder and director of the Northport
Wellness Center, a holistic health care
practice that takes a "vitalistic"
approach to health care and encourages
each individual to take responsibility for
his or her own physical, mental, emotional and spiritual health. The mission
of the Northport Wellness Center is to
"direct people to the realization that life
and healing come from within and that
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Professor’s Get Away
in Stowe Vermont for Sale
ultimately, the promotion and maintenance of health is superior to the treatment of disease."
Dr. Sherr graduated from SUNYBinghamton with a degree in biology and
psychology. He is a past board member
and regional director of the Whole
Health Institute and the New York
Chiropractic Council. He is a member of
the International Chiropractic Association and the New York Chiropractic
College Alumni Association. In his practice, he cares for healthy children and
adults, as well as those with chronic illness, musculoskeletal illness, and autism.
To learn more about Dr. Sherr and the
Northport Wellness Center, please contact the Northport Wellness Center at
(631) 262-8505 or visit www.northportwellnesscenter.com.
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10
CONSUMER BANKRUPTCY
Gov. Paterson Unexpectedly Increases Bankruptcy Exemptions
Biggest bankruptcy news in years is a boon to debtors
_________________
By Craig D. Robins
For New York consumers considering
bankruptcy, the biggest bankruptcy news in
five years dropped like a bombshell on
December 23 when then - Governor Paterson unexpectedly signed legislation
greatly increasing the state law exemptions.
Exemptions are those statutes that permit consumer debtors in bankruptcy to
keep and protect assets. The new law will
become effective on January 22, 2011.
This will certainly cause an increase in
the number of consumer bankruptcy cases
we will see next year as more financially
burdened consumers will be
able to eliminate their debts
while keeping and protecting
all of their assets.
exemption for 2011 triples that them to make their monthly Chapter 13
amount to an incredible $150,- plan payment.
000. Since a husband and wife
Incidentally, the amount of the new
can pool their homestead exemp- homestead exemption will be based on
tion that means that a married what county the debtor’s home is in. For
Homestead exemption
couple will be able to protect a most downstate counties the homestead
increases to $150,000 per
whopping $300,000 worth of exemption will be $150,000 per person;
person for those on LI
equity in their home.
for upstate counties, it will be $75,000 per
The old homestead exempThis will enable almost any person.
tion statute, which went into
typical Long Island middle class
Previously, most states had more generCraig D. Robins
effect in 2005, increased the
family to file a Chapter 7 bank- ous homestead exemptions than New
amount of equity each debtor could pro- ruptcy and eliminate their credit card York; now it will have one of the best.
tect in their home from $10,000 to debts while fully protecting their home.
$50,000. For Long Islanders, and those in Of course, consumers must still pass the Amounts for almost all other
the five boroughs, the new homestead means test; the new exemption law has no exemptions categories increased
impact on that.
and new categories added
The new law also means that many
The new bill also increases the exempindividuals who previously filed for tions for a great deal of other assets like
Chapter 13 relief because they had too cars, and adds some new categories like
much equity in their homes, and are cur- home computers and vehicles for the
rently part-way through their Chapter 13 handicapped.
plan, will likely be able to convert their
The exemption for cars is being
offer new lawyers an ideal way to transicases to Chapter 7 and not have to make increased from $2,400 to $4,000.
tion from the study of law to its practice.
any further payments. In order to do so, Vehicles equipped for the handicapped
The Suffolk County Pro Bono
they would also need to demonstrate that will be exempt for up to $10,000.
Matrimonial
and
Guardianship
their new budget has no disposable
A new exemption enables homeowners
Programs incorporate one-on-one menincome, despite previously filing a budget who claim the homestead exemption to
toring services to provide new counsel
that had enough funds left over to enable
(mentees) with knowledge and training,
which would not ordinarily be available
to them. Experienced attorneys (mentors) and mentees work together to
address questions and concerns which
may be raised throughout the representation. These include questions raised
The Lawyer Assistance Foundation acknowledges
prior to the new attorney consulting
with his client, and prior to engaging in
with Thanks the following donations:
active negotiations with opposing counsel and/or appearing before a judge.
In Memory of Arline Besunder,
Ideally, both parties establish mutually
Scott & Joleen Karson
convenient and time-efficient methods
John & Toni Buonora
to communicate with each other. This
will insure that the mentee’s questions
Barry L. Warren
are raised and answered without interJane & Joe LaCova
fering in the mentor’s busy schedule.
Joel Sikowitz
Gustave Fishel, III
Lynne Adair Kramer - High School Scholarship Fund
Wanted !Matrimonial And
Article 81 Guardianship Mentors
______________
By Linda Novick
The Suffolk County Court’s Pro
Bono Action Committee, the Suffolk
County Bar Association’s Pro Bono
Foundation and various other entities
have successfully implemented several
progressive countywide pro bono programs. Designed to benefit our local pro
bono population, our programs address
needs in areas of matrimonial, guardianship, foreclosure and veteran’s matters.
Many recently, admitted attorneys
have been drawn to the innovative agendas incorporated into our pro bono programs. They are taking advantage of the
opportunity to receive cost free, handson legal training. Of particular interest to
many of our ambitious attorneys, who
seek to build a legal career in Family
Law and/or Elder Law, is participation in
the newly designed Suffolk County Pro
Bono Matrimonial and Article 81
Guardianship Programs. These programs
Lawyer Assistance Foundation obtains grant
Breaking news – The Lawyer Assistance Foundation was just awarded a grant from
the New York Lawyer Assistance Trust Board for the remainder of this fiscal year and
for the entire next fiscal year. The grant will enable the Lawyers Helping Lawyers
Committee (LHL) to continue its mission in supplying services to attorneys, judges and
law students who contact the committee seeking help for alcohol, drug and mental
health problems. The LHL committee encourages and develops education and outreach
programs to facilitate the identification and rehabilitation of attorneys, judges and law
students suffering from these problems. Additionally, when appropriate, members of
the LHL committee provide assistance, along with the NYSBA LAC, in the monitoring, supervision and rehabilitation of attorneys with such conditions.
D
AVOI
MALPRACTIC
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Law Offices of David M. Sperling
In Memory of Gertrude Besunder
Jane & Joe LaCova
Scott & Joleen Karson
Joshua M. Pruzansky
Lynne Adair Kramer
In Memory of Jane Ades
Barry L. Warren
Jane & Joe LaCova
More work than you can get to?
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David Sperling • Viviana Medina • H. Raymond Fasano (of Counsel)
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11
FUTURE LAWYERS FORUM
Standing Out Is Key
________________
By Sarah Valente
Society has granted a certain level of
prestige and economic status to members
of the legal profession. If, for example,
during conversation, an individual discloses that he/she is an attorney and his/her
spouse a doctor, the audience will typically perceive that the couple is economically
well off.
As news of unemployment inundates the
airwaves it appears that more and more
people want to attain the economic status
and prestige that society has deemed characteristic of the legal profession. This is
evidenced by the continual increase in law
school enrollment. In 2008, 49,414 students nationwide enrolled as first year law
students, up 12 percent from 43,518 students in 20001. Unfortunately, the legal
profession is not as recession-proof as
society has held it to be, and as more students invest in law degrees and less jobs
are available, lawyers too are being includ-
lawyers
“ Asweprospective
must do our best to be
involved in as much as
possible... such as law
societies, bar associations,
not-for-proﬁt organizations,
clinics, clerkships,
intern /externships,
fellowships, etc.
”
thousands of other lawyers.
ed in unemployment statistics.
While the US Bureau of Labor
Over the past few years The
Statistics predicts a 13 percent
New York Times as well as U.S.
employment growth in the legal
News & World Report has dediprofession between 2008-2018, it
cated several publications to
also reports that “competition for
addressing the detrimental effect
job openings should continue to
of law school’s reports of misbe keen because of the large numleading post-graduation ember of students graduating from
ployment statistics and grade
law school each year,” and that
inflation in order to improve
Sarah Valente
“graduates with superior academschool rankings and attract prospective students2. This information has ic records from highly regarded law
raised the concerns of current students and schools will have the best job opportunigraduates who have already taken on the ties,” while others “may have to accept
overwhelming debts associated with positions outside of their field of interest
attaining law degrees. With law school or for which they feel overqualified,” or
enrollment and tuitions rapidly increasing turn to “temporary staffing firms that
and job openings being significantly dis- place attorneys in short-term jobs.4” So
proportionate to unemployment rates, a much for the thought that investing in a
major concern in the minds of current law law degree would ensure economic sucschool students and graduates over the past cess; apparently a law degree does not
few years is whether these misleading increase the holder’s chances of finding
post-graduation employment statistics and employment – it is up to the individual to
inflated grades reported by schools have market him/herself.
provided them with false expectations of
What do we do now that we have
potential earning capacity.
invested so much time, money, and dediAlthough seasoned power attorneys in cation under the belief that this law
big cities may bring in millions annually, degree would help make all our dreams
the reality is that the median annual come true? We cannot just quit and start
income for all salaried attorneys nationally over. It seems to go back to the same old
is significantly lower, reported by the saying, “it’s not what you know, but who
Bureau of Labor Statistics to have been you know.” Networking is the key. As
$110,590 in 2008, while the median annu- prospective lawyers we must do our best
al salary for law school graduates within to be involved in as much as possible
nine months of graduation was $68,5003 (while maintaining sanity of course), such
(for those who were actually successful in as law societies, bar associations, not-forsecuring jobs in the legal profession). profit organizations, clinics, clerkships,
Some students may say, “Hey, $68,500 is intern/externships, fellowships, etc.
more than I am making now; it is a starting
point,” but they must keep in mind that
they are faced with keen competition from
THANK YOU FORECLOSURE
SETTLEMENT PROJECT
The Suffolk County Bar Pro Bono Foreclosure Settlement Conference recognizes Ray Lang, John Gannon, Barry Lites and Eric Sackstein who’ve had
three or more court appearances for the month of December 2010. When you
see your colleague volunteer attorney in court or at the Bar Center please say
a special thank you to any one of them who have stepped up to the plate to
help the hundreds of citizens of Suffolk County who are struggling in this
time of crisis. A special thank you to Barry Smolowitz, Project Coordinator
who is also acting as interim Administrator of this Project while we search for
a replacement. Barry works tirelessly to keep the project well oiled and running smoothly. Special recognition goes to third year law student George San
Vincent for his continued dedication and commitment to the Project. Thank
you also to the SCBA staff who are filling in the gaps caused by the vacancy
in the Administrator’s position.
The Suffolk County Bar Pro Bono Foreclosure Settlement Conference
Project acknowledges with gratitude the following attorneys who have been
representing the people of Suffolk County that have been impacted by the
foreclosure crisis.
Rory Alacron
Susan Beckett
Lisa Browne
Jeffrey Canarick
James Corcoran
Vincent Cuocci
John Gannon
James Gentile
Howard Grafstein
Richard Guttman
Barry Heettner
Ray Lang
Richrd Lavorata,Jr.
Barry Lites
Cheryl Mintz
James Moran
Curtis Morrison
Mark Murray
Mark Needleman
Jerem O’Sullivan
Debra Petrillo
Ernest Ranalli
Eric Sackstein
Janice Shea
Peter Tamsen
Trudie Walker
Glenn Warmuth
Those of us who will not have a law
degree with the Yale or Harvard branding
must work exceptionally hard to set our
resumes apart from others by exhibiting
experience and involvement. With a constantly increasing total of 1,180,386
active lawyers5 nationwide (2009 national totals reported by ABA), networking,
innovation and self-marketing are vital
for success.
Note: Sarah Valente is a third year part
time evening student at Touro Law Center
with an undergraduate degree in elementary education from St. John’s University. She is currently the secretary of the
Environmental Law Society and hopes to
pursue a career in education law.
1 American Bar Association, Legal Education
Statistics, “Enrollment and Degrees Awarded,” 3
Jan. 2011 <http://www.abanet.org/legaled/statistics/charts/stats%20-%201.pdf>.
2 “Is Law School a Losing Game?,” New York
Times, 8 January 2011, BU1, on the Internet at
http://www.nytimes.com/2011/01/09/business/09law.html (visited January 08, 2011).
3Bureau of Labor Statistics, U.S. Department of
Labor, Occupational Outlook Handbook, 201011 Edition, Lawyers, on the Internet at
http://www.bls.gov/oco/ocos053.htm (visited
January 09, 2011).
4 Bureau of Labor Statistics, U.S. Department of
Labor, Occupational Outlook Handbook, 201011 Edition, Lawyers, on the Internet at
http://www.bls.gov/oco/ocos053.htm (visited
January 09, 2011).
5 American Bar Association, ABA Market Research
Department, “National Lawyer Population by
State,” 3 Jan. 2011 <http://new.abanet.org/marketresearch/PublicDocuments/2009_NATL_LA
WYER_by_State.pdf>.
12
COURT NOTES
Appellate
Division-Second Department
______________________
By Ilene Sherwyn Cooper
Attorneys Suspended
Jacob C. Armon: By letter dated June
4, 2010, the Grievance Committee submitted to the court three original certificates of
disposition which indicated that the respondent was convicted of one count of
attempted identity theft in the third degree,
a class B misdemeanor, in satisfaction of
three felony charges. The respondent pled
guilty and was sentenced to inter alia, a
one year conditional discharge, and monetary assessments. The Grievance Committee submitted that the subject conviction of attempted identity theft may qualify as a serious crime within the meaning of
the Judiciary Law. The respondent did not move to vacate any
interim suspension. Accordingly, the res-pondent was suspended from the practice of law
as a result of his conviction of a
serious crime pending further
order of the court, and the
Grievance Com-mittee was
authorized to institute a disciplinary proceeding against him.
diately threatening the public
interest in view of his failure to
cooperate with an investigation of
the Grievance Committee into
allegations, inter alia, regarding
funds entrusted to his charge.
Accordingly, the respondent was
suspended from the practice of
law pending further order of the
court, and the Grievance ComIlene S. Cooper
mittee was authorized to institute
a disciplinary proceeding against him.
Edmund T. McDowell: Motion by the
Grievance Committee for an order, inter
Attorneys Disbarred:
alia, suspending the respondent from the
practice of law upon a finding of profesCraig Steven Heller: On June 4,
sional misconduct. The court found,
2010, the respondent entered a plea of
prima facie, that the respondent was
guilty to one count of grand larceny in the
guilty of professional misconduct immesecond degree, a class C felony. On
August 8, 2008, the respondent was sentenced to a determinate term of imprisonment of 30 days, five years probation, and
to pay restitution, and a DNA fee.
Accordingly, by virtue of his felony convictions, the respondent ceased to be an
attorney and was automatically disbarred
from the practice of law in the State of
New York.
Note: Ilene S. Cooper is a partner with
the law firm of Farrell Fritz, P.C. where
she concentrates in the field of trusts and
estates. In addition, she is immediate past
president of the Suffolk County Bar
Association and a member of the
Advisory Committee of the Suffolk
Academy of Law.
REAL ESTATE
Top 10 Real Estate Laws of 2010
_________________
By Andrew M. Lieb
vide information about the availability of free state-funded services and the number of the New
York State Banking Department
Foreclosure Requirements
as part of a consumer disclosure
Defendant’s Attorney’s Fees
statement in their advertisements.
– The Access to Justice in
Remember that a Distressed
Lending Act now provides
Property Consultant is an individdefendants with a right to make
ual or business entity that undera claim for attorney’s fees in a
foreclosure action if they are Andrew M. Lieb takes employment to provide consulting services to a homeowner
successful in defending the
for
compensation
with respect to a disforeclosure, but this right only exists if the
lender could have recouped attorney’s fees tressed home loan or a potential loss of the
pursuant to the mortgage agreement if the home for nonpayment of taxes. Real estate
lender was successful; almost always the brokers and salespersons are not exempt
from this law, but attorneys practicing law
case.
Plaintiff’s Affirmation Requirement – are not so regulated.
Combating the prevalence of robo-signers
and shabby documentation, New York Title Insurance Tax
became the first state to require lenders to
Title related services, inclusive of all relvouch for the accuracy of their mortgage evant searches, which are not used in the
documents prior to a foreclosure sale. In course of preparing a title insurance polifact, the assurance must come from the cy, are now subject to New York State and
lender’s attorney who will be very careful Local Sales and Compensation Use Taxes.
to perform the requisite investigation in
order to protect their license.
Lead Paint Contractor Certification
and Cooperative Apartments,
which were previously exempt.
Now that 2011 is here it is important to
be aware of changes in the law in order to
properly represent our clients. This is not a
list about the best events from 2010, but,
instead, a list that highlights the new legal
landscape that you face as real estate practitioners. Being familiar with these laws
and regulations may help you to better
address your client’s matters, save your
license and make you money.
Bankruptcy Exemption
The Homestead Exemption, which
allows a bankrupt individual to preserve
their home equity while filing for
Bankruptcy, has increased from $50,000
for an individual and $100,000 for a married couple to $150,000 for an individual
and $300,000 for a married couple
throughout Long Island. Be mindful that
outside of Long Island different exemption
amounts apply by County.
Real Estate Agency Disclosure
Real Estate Agents are now required to
provide additional informed consent to
their customers concerning the nature of
their representation, particularly in the
dual agency scenario. The new law provides for advanced consent with continual
reminders to customers. It also extends the
disclosure requirements to Condominiums
Distressed Property Consultant
Advertisements
In addition to the many consumer protection laws that already regulate this
industry, now individuals acting as consultants for mortgage workouts (Loan
Modifications and Short Sales) must pro-
What Do We All Have In
Common
(Continued from page 1)
firms or as solo practitioners.
Through attendance at committee meetings or a CLE, participating in Academy
meetings, serving on an SCBA Foundation,
or attending a membership event or social
function, the opportunity to interact with
like-minded and similarly-situated professionals is vital. In sharing our common circumstances, recognizing and learning from
our differences, and connecting with one
another, we each benefit personally and
professionally, as does the Suffolk County
legal community and all of the people who
are impacted by it.
So I ask you … are you using your SCBA
membership to its fullest? Which commit-
tee(s) do you belong to and do you attend
regularly? Do you have an idea for a CLE
and have you shared it at an Academy meeting? Have you attended any of the SCBA
membership events or social functions lately? Do you have any on your calendar to
attend in the near future?
Although the SCBA may not be able to
be everything to every one of its members,
it has something of value for each of its
members. As members, it is up to you to
determine what that something is for you.
What are you waiting for?
Looking forward to seeing you soon –
Sheryl L. Randazzo.
Requirement
The Federal Environmental Protection
Agency now requires contractors who perform renovations involving lead paint to
be certified by the agency following extensive training and to employ certain work
practice standards similar to what is done
with respect to asbestos. Among other
requirements, contractors are now required
to construct containment zones, wear protective clothing, and utilize HEPA vacuums.
Carbon Monoxide Alarm
Requirement
New York now requires essentially all
residences, both new and existing, to have
carbon monoxide alarms installed as follows:
Constructed before January 1, 2008 must have one alarm installed on lowest
level with a sleeping area.
Constructed after January 1, 2008 must have an alarm installed on each level
with a sleeping area or where a carbon
monoxide source is located.
New Power of Attorney Form
In real estate, this mainly affects a transaction where the buyer or seller is unavailable. Now, many of the sloppy changes
made by the legislature just over a year ago
have been corrected. Most importantly, a
Power of Attorney no longer automatically
revokes all prior Power of Attorneys.
Home Inspector Code of Ethics
Home inspectors must now provide a
written contract to clients prior to performing the home inspection. This contract
must clearly and fully describe the scope
of service to be provided and the costs
associated therewith. Additionally, this
contract must include specific language,
including:
Home inspectors are licensed by the
NYS Department of State. Home
Inspectors may only report on readily
accessible and observed conditions …
Home inspectors are not permitted to provide engineering or architectural services.;
and
If immediate threats to health or safety
are observed during the course of the
inspection, the client hereby consents to
allow the home inspector to disclose such
immediate threats to health or safety to the
property owner and/or occupants of the
property.
Federal Estate / Gift Tax Exemption
Increase
After continuous Congressional debate,
the exemption is now set at $5,000,000 for
2011 and 2012. While 2010 had an unlimited exemption, there was speculation that
2011 could see anything from $1,000,000
to $3,500,000. This new exemption means
that families can easily transfer ten million
dollars through the generations by way of
a minor estate planning vessel called a
Credit Shelter Trust.
This list only provides a small blurb on
each new law and regulation. There may
be further discussion on these topics going
forward as they get fleshed out in the
courts. So stay tuned.
Note: Andrew M. Lieb is the Managing
Attorney of Lieb at Law, P.C. in Center
Moriches and Manhasset with a practice
focus on residential and commercial real
estate litigation. He is also the founder of
the firm’s pro bono New York State
licensed real estate school and is a CE and
CLE Instructor. Mr. Lieb is a former faculty member of the Suffolk Academy of
Law and a Contributing Editor of both
Homes of the Hamptons and Homes of
Eastern Long Island magazines. He can be
reached at (631) 878 – 4455 or andrew@
liebatlaw.com.
13
COMMERCIAL LITIGATION
Counsel’s Liability for Disbursement of Counterfeit Funds
__________________
By Leo K. Barnes Jr.
Rainmaking 101 strives for a steady
flow of new clients. Inasmuch as a law
firm’s website is a mainstream marketing
arm, it is hardly an atypical experience
when a new client is originated from the
web. As anxious as we all are for new
clients, counsel must not lose sight of the
fact that a client’s evaluation of whether an
attorney is the right one for the potential
client also provides an attorney the opportunity to evaluate whether the potential
client (and claim which the attorney is
being recruited to champion) are the right
fit for the attorney. Counsel’s failure to
perform that due diligence can have potentially devastating consequences.
In JP Morgan Chase Bank, N.A. v.
Pinzler, 28 Misc.3d 1214(A), 2010 WL
2943088, New York County Justice Joan
Madden issued a decision which, subject
to the pursuit of a counterclaim, imposes
liability upon an attorney when, as a victim
of an internet scam, he deposited a counterfeit bank check into his escrow account
and wired the proceeds to a purported
client.
According to the court’s decision, defendant, an attorney, maintained a client trust
account with Chase for more than 10 years.
Defendant relayed that in November 2007,
he responded to an e-mail sent by an individual named Chang Liu, who represented
that he was the manager of AsiaLink
Industrial Hong Kong, which company was
allegedly soliciting US-based attorneys to
collect outstanding debts from AsiaLink’s
customers located in North America. At
defendant’s request, Liu sent an
the Defendant by telephone that opened his account, coupled with the releinvoice to establish AsiaLink’s
the Citibank check was counter- vant provisions of the Uniform
ostensible debtor, an entity
feit, and that he would be held Commercial Code (which was incorporatcalled “American Plumbing and
responsible for the amount wired ed by reference on the subject deposit tickHeating” based in Ohio. The
to AsiaLink. According to defen- et), defendant was solely liable for any
document showed that the debtor
dant, upon learning that the check losses on the account.
owed more than $300,000.
was fraudulent, he immediately
After moving for summary judgment
Defendant then sent a retainer
sent a facsimile to Chase, stating prior to the completion of discovery, the
agreement to Liu dated Novemthat he would not have caused the court ruled that issues of fact precluded
ber 7, 2007 which Liu signed Leo K. Barnes Jr. wire transfers had Chase not told Chase’s summary judgment on the breach
and faxed it back to Pinzler.
him that he had “available funds.” of contract and account stated causes of
On December 5, 2007, defendant
After the defendant refused to pay, action, and then addressed the third cause
received a purported check issued by Chase filed a complaint containing various of action wherein Chase argued that defenCitibank in the amount of $197,750 causes of action including breach of con- dant was liable to Chase for the amount of
payable to himself, which referenced tract, account stated, UCC § 3-414(1), and the counterfeit check based on his breach
American Plumbing and Heating (ostensi- likewise sought to recover its counsel fees. of his indorser’s warranty.
bly in partial satisfaction of the outstand- Chase argued that based upon the docuUCC § 3-414 provides:
ing invoice). After receipt of this check, ments signed by defendant when he
AsiaLink instructed Pinzler to deposit the
check and wire AsiaLink the money to a
bank in Hong Kong, representing the partial debt paid by American Plumbing and
Heating, minus defendant’s retainer.
That same date, defendant went to a
Chase bank to deposit the check into his
______________
which encompasses physical form
By Amy Chaitoff
escrow account. According to defendant,
of land, lot, structure, room, the
as he was depositing the check, a teller
function of the space and the indiSCBA
members
will
learn
informed him that since the check was
vidual who resides there and how
how to create balance and order
issued by Citibank, it could be cleared
she focuses on the “chi” or energy
in their offices and their lives
expeditiously, and that he would have
of the client and the space in order
through
the
fourth
program
preaccess to the funds the next day.
to create the perfect sacred space.
sented
by
the
“Healthy
Life
On December 6, 2007, defendant went
After the discussion, there will
Series” entitled “The Art of
to the same Chase branch and requested a
be an opportunity to relax and
Feng Shui: Sacred Homes and
wire transfer of $147,710 to AsiaLink in
network with Mrs. Houslanger
Healing Spaces” to be held on
Hong Kong. Chase contended that on
Amy Chaitoff
and other like-minded SCBA colTuesday,
February
8
from
4-6
December 11, 2007, the check was
p.m. in the SCBA Board Room. Special leagues over wine and cheese. But space
returned from Citibank, with a notation
guest speaker Victoria Elizabeth is limited, so pre-registration is strongly
that it was counterfeit and would not be
Houslanger M.A. will discuss the practice encouraged. The cost is $15.00 for prehonored, and on that same date informed
of Feng Shui as the Ancient Art of creating registrants (if received by February 4th)
harmony in your environment through and $20.00 thereafter. You can register
placement. Mrs. Houslanger will also dis- by contacting Marion at (631) 234-5511
cuss the basic principles of Feng Shui x230.
Creating Balance and Order,
The Art of Feng Shui
The Best Kept Secret in the SCBA
The Lawyer Assistance Foundation
What’s the best kept secret in the Suffolk County Bar Association? It’s the
Lawyer Assistance Foundation (LAF). Some of you out there may ask, what’s that?
It’s a part of the Suffolk
County Bar Association that’s been around since 1992. Its stated purpose is to
help lawyers in trouble. Trouble includes financial difficulty, illness, professional
turmoil, drug or alcohol addiction, depression or mental health issues.
LAF has helped numerous lawyers over the years. We raise funds every year
through our annual golf outing and we regularly receive donations from various
sources. We have also aided the Appellate Division by winding down practices of
ill or suspended attorneys.
We are here to help you. Any lawyer needing help can call Barry L. Warren,
Managing Director or Jane LaCova, Executive Director to start the ball rolling.
Let’s not keep LAF a secret anymore!
~LaCova
About the Speaker:
Victoria Elizabeth Houslanger M.A.
Certified Feng Shui Consultant,
Professional Organizer, Reiki Master
Mrs. Houslanger has studied the healing arts for over 25 years. She began her
studies in Massage Therapy in
California and continued her education
to include a Bachelor of Arts in Health
Sciences and a Masters degree in Health
Education & Administration. Ms.
Houslanger is fluent in various forms of
meditation including; Vipassana,
Psychic Healing, Hatha Yoga, Angel
Prayers, Native American Sweat
Lodges, Vision Quests, Buddhist
Chanting, Breathwork, and Jewish
Spirituality. She owned and operated a
healing massage practice, in the Bay
Area for many years. Mrs. Houslanger is
a professor at Metropolitan Institute of
Interior Design and serves as a mentor
for students at The Sheffield School of
Interior Design in the Feng Shui
Program. Victoria Elizabeth Houslanger
is available for consultations in Feng
Shui, meditation and Spiritual Growth.
She teaches Feng Shui, Meditation and
Energetic Healing.
Chris McDonough, Esq.
PROFESSIONAL DISCIPLINARY MATTERS
Over 20 years experience
Grievances • Character and Fitness • Law School Matters • Opinions
~ Please Note New Firm Name and Address
McDonough and McDonough, LLP
1400 Old Country Road, Ste 102, Westbury, NY 11590
516-333-2006
[email protected]
newyorkethicslawyer.com
14
SCBA Hosts Robing Ceremony
15
SCBA Hosts Robing Ceremony
Read our article, “The Personal Injury Attorney’s Survival Guide
to the New Anti-Subrogation Law” in the NYSTLA publication,
The Bill of Particulars.
Call today to discuss how our firm
can clear the hurdles for you!
16
DMV
Red Light Camera Notice of Liability
___________________
By David A. Mansfield
The Vehicle & Traffic Law has been the
subject of a great number of changes,
which have profound impact upon the
practice of law. This is particularly true in
the area of driving while intoxicated under
Vehicle & Traffic §1192 and §1198 with
mandates the installation of ignition interlock devices for all misdemeanor and
felony convictions. The implementation
under §1111-b Red Light Camera Notices
of Liability, however, have the potential
to have a wider impact upon the general
public as well as members of our association.
The Red Light Camera Program is
called the Suffolk County Red Light
Safety Program. There is some debate as
to whether it is merely a revenue-raising
device rather than a safety measure.
Suffolk County has posted red light
cameras at a number of intersections
which take video and still images. The red
light safety camera, as it is called, is only
active when the traffic signal is red. Any
vehicles crossing a stop line or entering
the crosswalk after the light turns red are
recorded on video and the camera will
take two still photographs approximately
a second apart. The images are date and
time stamped. The violation does not
carry any points but a fine of $50. Failure
to respond is considered an admission of
liability and will result in the entry of a
default judgment with an additional $25 penalty.
Red light cameras are yet
another reason to exercise care
with whom you entrust your
vehicle.
Family members,
friends and co-workers should
be advised that they would be
personally responsible for any
fines incurred.
The Notice of Liability form
contains instructions where online payment can be accepted, payment by phone
or payment by mail. The owner/registrant
can view the photographic images and the
video online. (The notice advises the registrant who does not have Internet access
that they may view their video images at
the public library.)
The violations can be contested but
there is no plea-bargaining and the fine
cannot be reduced. One can plead not
guilty and request an appearance before
Suffolk County District Court. The
request must be received by the due date
on the notice. You will then be notified of
the date, time and location of the hearing.
A legal defense that can be used is that the
vehicle or license plates were stolen at the
time of the alleged incident. A certified
copy of the police report will be required.
The court will review and advise of their
decision.
The Suffolk County Notice of Liability
may be defective because it fails to
include a provision under §1111b (10)(o) that it shall be a defense
to any prosecution of a violation
of subdivision d of §1111(d) of
this article pursuant to Local Law
Ordinance adopted pursuant to
the section that such traffic control devices were malfunctioning
at the time of the alleged violation. Presumably, the cameras
can document whether or not the
traffic control devices were properly functioning but the notice does fail to advise
the registrant or the owner of the vehicle
of the possibility of raising that defense.
This is a clear violation of notice and
opportunity to be heard which is essential
to basic due process.
Retired Nassau County District Court
Judge Samuel Levine has litigated the
legality of red light camera Notices of
Liability in Nassau County. Judge Levine
lost a challenge in Nassau County District
Court, County of Nassau vs. Levine, 2010,
Slip Opinion 20305 where the red light
camera Notice of Liability was found not
to be an accusatory instrument, therefore
no relief for a dismissal in the interest of
justice under Criminal Procedure Law
§170.40 could be granted. Judge Levine’s
Nassau County Supreme Court challenge
to the constitutionality and other aspects
of the red light camera legislation in a
CPLR Article §78 lawsuit was unsuccessful in Levine v. Traffic and Parking
Agency For Nassau County, 2010 Slip
Opinion 51702(U). The Court declined to
find the law required warning signs at
intersections or the right to a sworn certificate from the technician.
The court found that Crawford v.
Washington, 541 U.S. 36 (2004) does not
apply to §1111-b. Thus, the registrant is
not entitled to confront and cross-examine
the witnesses as this is a not a criminal
charge and would not appear on the driving record as a conviction for a violation
of the Vehicle and Traffic Law.
The Court of Appeals has upheld the
revocation of a driver’s license or privilege after an administrative finding of
refusal to submit to a chemical test under
Vehicle and Traffic Law §1194 solely
based upon the Report of Refusal, when
the police officer fails to appear on a
rescheduled hearing date, without the
opportunity to confront and cross-examine the police officer. Gray v. Adducci, 73
N.Y. 2d 741, 536 N.Y.S. 2d 40 (1988) In
light of the precedent of Gray it is difficult
to predict a successful challenge to the
constitutionality of Red Light Camera
Notices of Liability.
A future article will discuss the application and implementation of the ignition
interlock device aspect of Leandra’s Law.
Note: David Mansfield practices in
Islandia and is a frequent contributor to
this publication.
TRUSTS AND ESTATES
______________________
By Ilene Sherwyn Cooper
Certification of Transcript
In Rosa v. City of New York, the defendant moved for an order to reargue and/or
renew its motion summarily dismissing the
complaint. The court had based its prior
decision and order denying the relief, finding that absent proof that the unexecuted
transcripts of the defendant’s own witnesses had been sent to them for correction,
they could not be used by the defendant in
support of its motion despite being certified.
In denying the defendant’s application,
the court found that the defendant did not
respond to plaintiff’s requests that its witnesses sign their transcripts. As such, the
court held that despite their cerIn an uncontested probate protification the transcripts could
ceeding, the court admitted the
not be used affirmatively by the
will to probate despite the fact
defendant in support of its
that the signatures of the attesting
motion for summary judgment.
witnesses appeared after the testaThe court noted that none of the
tor’s, on a self-proving affidavit
cases cited by the defendant
affixed to the instrument. The
stood for the proposition that
court held that the appearance of
compliance with CPLR 3116(a)
the affidavit after the testator’s
was unnecessary when the tran- Ilene S. Cooper signature and the dispositive proscript is certified or the facts
visions evidenced a desire by the
therein are not challenged by the opposing testator to have the affidavit be a part of his
party.
will. Moreover, although the addresses of
Rosa v. City of New York, N.Y.L.J., the witnesses did not appear on the will or
June 1, 2010, p. 18 (Sup. Ct. New York the affidavit, the court concluded that was
County)
not fatal to compliance with the statutory
requirements of due execution. Finally, the
Due Execution
court determined that the lack of an attestation clause or the fact that the signatures
followed the signature of the testator’s did
not preclude probate.
In re Neville, N.Y.L.J., June 16, 2010,
p. 28 (Sur. Ct. Nassau County).
Wanted ! Matrimonial And
Article 81 Guardianship Mentors
A mentor’s role while rewarding, is
uncomplicated. The mentor may implement quick and easy methods to educate
the new recruit. This may include an invitation to “shadow” the mentor in court and
provide copies of pleadings, forms and
motions relevant to their assigned matter.
Guiding the new attorney with some diligence, the mentor can heighten the new
attorney’s level of confidence, creating the
groundwork for an improved quality of
pro bono services rendered.
Raising the standard of legal services
offered to our pro bono clients is the mentorship program’s mission. To facilitate
this goal, several significant incentives are
offered to our programs’ mentors, including cost free CLE credits, free malpractice
insurance coverage and, of course, the
gratification of helping others. These benefits are earned by mentors for serving as
educators without being designated the pro
bono attorney of record.
To obtain more information on how to
become a participating mentor in either the
Suffolk County Pro Bono Matrimonial
Mentorship Program and/or the Article 81
Guardianship Program, the experienced
practitioner should contact Linda Novick,
Suffolk County Pro Bono Coordinator at
the Suffolk County Bar Association (631)
234-5511 ext. 233 or by e-mail at
[email protected].
Note: Linda Novick is the SCBA Pro
Bono Coordinator.
Wrongful Death
Before the court in In re Diba, was
whether it had authority to order a proposed division of one spousal share of a
wrongful death recovery to two women to
whom the decedent was legally married at
the time of his death in accordance with
the laws of Senegal.
The record revealed that although the
decedent resided in the Bronx when he
died, he was a citizen and domiciliary of
Senegal. The decedent’s spouses and 11
children were also domiciliaries of
Senegal, and continued to reside there at
the time of the proceeding.
The underlying action was commenced
and venued in the Supreme Court, Bronx
County, where the court approved a compromise and referred all issues relating to
the payment of liens, allocation and distribution to the Surrogate’s Court. With
respect to the issue of distribution, the
court referenced the provisions of EPTL
§4-1.1(a)(1) and EPTL §5-1.2 (a)(2),
which respectively refer to one class of
distributees as including “a spouse,” and
disqualify a spouse where it is found that
the marriage is bigamous. Nevertheless,
the court noted that the law of Senegal
permits polygamy, and therefore does not
provide for a similar disqualification in
the case of a bigamous relationship. The
question thus became whether the laws of
Senegal should be recognized in order to
allow division of the wrongful death
recovery between the two spouses of the
decedent, or whether those laws were in
conflict with or contrary to the public policy of New York.
The court found that authorizing a division between the two spouses would not
be contrary to New York laws and
statutes which require an award and distribution of only one spousal share. The
court concluded that although such share
would be divided in two, that result would
not alter or be violative of the interests of
New York in enforcing its distribution
statute. To this extent, the court also
noted that the distribution sought would
not alter the interests of the decedent’s
children, as their shares of the recovery
were neither enlarged nor diminished as a
result of the division between the two
spouses.
In re Diba, N.Y.L.J., July 27, 2010, p.
27 (Sur. Ct. Bronx County).
Note: Ilene Sherwyn Cooper is a partner with the law firm of Farrell Fritz,
P.C. where she concentrates in the field
of trusts and estates. In addition, she is
immediate past-president of the Suffolk
County Bar Association and a member of
the Advisory Committee of the Suffolk
Academy of Law.
17
Pro Bono Attorney of the Month: Joshua P. Blumberg
______________
By Rhoda Selvin
Although Joshua P. Blumberg had been
in practice for only five years, he was one
of the attorneys featured when his firm,
Blumberg, Cherkoss, FitzGibbons &
Blumberg,LLP, were Pro Bono Attorneys
of the Month in March 2006. Since then
he has devoted more than135 hours to
eight Pro Bono Project matrimonial
cases, enough to be named Pro Bono
Attorney of the Month for February 2011
on his own.
“Under my general, unwritten policy,”
he said, “I try to have one pro bono case
at any time.” He added that they have all
been standard matrimonial cases, essentially concerned with “how two families
will survive in Long Island in two separate households.”
A 1997 graduate of the University of
Michigan, Mr. Blumberg earned his Juris
Doctorate from Tulane University in
2000. In the same year he was admitted to
the New York State Bar and joined his
father’s law firm—which had been founded circa 1935 by his grandfather. He is a
member of the Suffolk County Bar
Association and the New York State Bar
Association. Outside of his professional
affiliations his memberships in the
Peconic River Sportsman’s Club and the
National Parks Conservation Association
reflect his keen interest in the outdoor life.
An avid hiker and camper, he has done
backcountry camping in most of the
national parks in the United States and
Canada. His last “extraordinarily enriching” trip was in 2009. Then he, his wife
Celina (who is an epidemiologist with the
Nassau County Health Department), and
another couple spent six days in Glacier
National Park, Montana, hiking 52 miles.
Now the couple are beginning to share the
camping part of their outdoor life with
their three preschool boys. Last year they
took them to Yosemite National Park; this
June they will take Maceo, 4 1/2, and
twins Noah and Ryder, 3, to Yellowstone.
The Pro Bono Project is delighted to
name Joshua P. Blumberg Pro Bono
Attorney of the Month for his commitment to representing Suffolk County’s
indigent citizens.
Joshua P. Blumberg
AMERICAN PERSPECTIVES
Arizona’s Proposition 200: Proof of Citizenship at Issue
The 9th Circuit Court Of Appeals Strikes Down “Proposition 200”
Note: The opinions are those of the
writer and not of The Suffolk Lawyer or the
Suffolk County Bar Association.
__________________
By Justin A. Giordano
On the eve of what most pundits predict
will be an historical election (at least as it
pertains to mid-term cycles), a ruling from
a three judge panel of the 9th United States
Circuit Court of Appeals is seen as noteworthy by many observers. Indeed, the
decision may have long term implications
depending on the decision that the 9th
United States Circuit Court of Appeals
renders when it meets “en banc” as it is
expected to do in the not too distant future,
partially in response to the Arizona
Attorney General’s Office, which has
already announced its intention to petition
for rehearing with a larger panel (i.e. en
banc) of the Circuit Court. The case at
issue in the broader sense is the National
Voter Registration Act of 1993 and its
interpretation, and given the law’s national
implication it’s highly likely that the case
will end up being heard by the Supreme
Court of the United States.
The case came about as a consequence
of the Arizona law, known as “Proposition
200,” which was enacted in 2004 and
requires that voters prove that they are
United States citizens in order to register to
vote. In response the three-judge panel
struck down this provision of
ers. Ever since the law went into
the Arizona law but upheld the
effect many organizations and
requirement, also in the law,
groups opposing the law have-until
that voters show identification
this ruling- failed to invalidate
when voting. The potential for
“Proposition 200” although they
misrepresentation arises in that
have made numerous attempts to
there is no system in place to
do so via the court system.
verify whether the identification
Principally their argument for
shown is valid or fraudulent.
opposing the law is based on their
The decision was a split deci- Justin A. Giordano contention that especially new citision, two to one, with Judges
zens have been made to “jump
Sandra S. Ikuta and former U.S. Supreme through hoops” to meet the law’s requireCourt Justice Sandra Day O’Connor vot- ments. In addition one of the groups chaling to strike down the Arizona law while lenging the law, the Lawyers’ Committee
Judge Alex Kozinski, who is also the chief for Civil Rights under the Law has repeatedjudge for the 9th Circuit Court, firmly dis- ly claimed that over the past four years the
sented. It should be noted that former Arizona law some 30,000 Arizonians had
Justice O’Connor is not a regular member been unable to provide proof of their citiof the 9th Circuit Court but was replacing zenship depriving them of their right to vote.
the judge who stepped down from adjudiProponents and defenders of “Proposition
cating this case due to illness. In terms of 200” disagree, underscoring that as a consethe ruling’s immediate impact all parties quence of the proposition and federal law
involved in the dispute agree that the deci- Arizonians have the option to register to
sion will not have any effect on the vote in two ways, by filling the federal or
November 2, 2010 election given that the state registration form. With regard to the
registration deadline for voters has already state registration form, voters are required to
passed.
present or otherwise provide information
from a birth certificate, tribal identification
“Proposition 200”: Proponents and or naturalization certificate numbers, passOpponents
port or driver’s license, while voters who
Arizona’s “Proposition 200” was the choose to register online are required to proresult of the citizen-initiative process, which vide driver’s license numbers and these are
made it to the ballot in the 2004 election and run through the Motor Vehicle Department.
as a result was adopted by the Arizona vot- Consequently Ms. Karen Osborne,
Arizona’s Maricopa County Director of
Elections, affirms that it takes merely five or
six seconds to verify the citizenship status of
an individual providing their naturalization
certificate number since the elections
department’s system is directly linked to the
U.S. Department of Homeland Security.
COMMITTEE CORNER
News & Notes
From SCBA Committees
Insurance & Negligence Defense Counsel
Robert E. Schleier, Jr., Chair
Animal Law
Robert J. Cava,
and Peter D. Tamsen, Co-Chairs
Guest speaker Claud Grammatico
addressed current issues on insurance law
and notice to carriers, additional insureds
and variosu coverage issues facing
defense lawyers. Mr. Grammatico
provided the group with the current status
of the law and was an excellent speaker.
There was a suggestion made that it
would be helpful if the association
required a certain amount of attendance
from committee members (ex. members
must attend at least 3 meetings a year).
CLE and public programming,
including the Dog Day Event, Humane
Education, law student outreach,
legislation, and a review of subcommittee reports were discussed at the
monthly meeting.
The membership was asked for new
ideas for the committee. Plans are being
made for the committees premier event,
the upcoming Dog Day Event. The
location, catering and date have been
finalized.
“Proposition 200” and National Voter
Registration Act of 1993
One of the stated objectives of the
National Voter Registration Act of 1993
was to increase voter registration in federal elections and as such the key relevant
provision in furtherance of this objective
mandates that applicants attest that they
are citizens in signing their federal registration form. Failure to be truthful constitutes a perjury and subject to penalty under
the law. Arizona’s own registration form
specifically requests information such as
passport or license number and of course
voters can utilize either the federal or state
form as previously indicated. However no
matter which form is chosen, Arizona’s
“Proposition 200” requires proof of citizenship.
It would seem that “Proposition 200”
does not violate or contradict in any manner the intent of the federal law; rather it
simply enhances it and perfects it, which
of course would run afoul of the “supremacy clause.” Nonetheless that is not how the
9th Circuit three-judge panel through its 2
to 1 decision herein described.
Resolving the Question
Lastly, given that “Proposition 200”
came about through the citizens-initiative
process the old yet substantive argument
that the citizens of each state should have a
strong say in how their elections are run
also merits strong consideration.
Simultaneously there’s no denying that in
matters of federal elections there shouldn’t
be any fundamental discrepancies between
federal and state law. The question for
consideration for the 9th U.S. Circuit
Court of Appeals will thus be whether a
state that faces potentially serious violations and/or attempted violations in its
electoral process has the right to enact legislation to protect itself against possible
fraudulent activity without violating the
fundamental right of the individual to vote.
The court(s) must be mindful that the vote
is the lifeblood of our constitutional representative republic and therefore insuring
that the process is free of any real or even
perceived flaws is imperative.
Note: Justin A. Giordano is a Professor
of Business & Law at SUNY Empire State
College and an attorney in Huntington.
Holiday Giving a Success
On behalf of the SCBA Board of Directors, we would like to thank our members
for their donations of holiday food for the Thanksgiving Island Harvest Food Drive
and we are all deeply grateful for the wonderful toys you all so generously donated
to Charlie Russo’s Holiday Magic. We truly have the best, caring and most generous bar association members on the planet.
18
A Day of Thanks and Acknowledgement
wishes to his longtime friend and Principal
Law Clerk Bernard C. Cheng who was
elected to the Family Court Bench. Family
Court Judges Bernard C. Cheng and Caren
L. Loguercio were Principal Law Clerks to
County Court Judge Hudson and Supreme
Court Justice Emily Pines respectively.
Judge Hinrichs read the sponsor speech
from Judge Hudson who was to sponsor
his longtime friend and Law Clerk Judge
Cheng, saying they first met almost 20
years ago when they were both inducted in
the Sons of Italy. “That’s right,” Judge
Hudson wrote, “Jim Hudson, whose qualification consisted of liking Italian Cuisine
and Bernard Cheng, whose ancestor might
have given Marco Polo a complimentary
road map, are Italian Lodge Brothers only in America.” Judge Hudson also
wrote that it was his good fortune to have
Mr. Cheng as Law Clerk for eight years
and he will be sorely missed.
Judge Cheng, graduated with honors
from Touro Law School, spent time in private practice, and worked in the County
Attorney and Legal Aid Society’s Family
Court Bureau as well as the Legal Aid
Society’s Law Guardian Bureau. Judge
Hudson said that Judge Cheng was an
immigrant, and the son of immigrants
who, over a half century ago, saw their
possessions confiscated or destroyed and
their lives imperiled by the evils of communism. The Chengs traveled to Hong
Kong, then to Canada, never giving up
their dream to come to the good old U S of
A, having to start their lives all over again.
They worked hard, prospered, and today
they got to see their son wear the robe of a
judge.
It is indeed true, “only in
America!”
Justice Emily Pines sponsored her good
friend and assistant, newly elected to the
Family Court Bench Caren L. Loguercio,
saying they had met almost 20 years ago
when she was a newly admitted Assistant
Town Attorney, and then ultimately when
she selected Judge Loguercio as her
Principal Law Clerk in 2006. Justice Pines
not only memorialized Judge Loguercio’s
professional accomplishments, but also
her commitment to her children Julia and
Michael, and husband Michael. And she
noted Judge Loguercio’s active participation in community activities. Justice Pines
said it was with pride that she was sponsoring Judge Caren L. Loguercio, her dear
friend, to the Office of Family Court
Judge. Then President Randazzo presented Judges Cheng and Loguerco their first
set of judicial robes.
Because Judge Freundlich, the
Supervising Judge of the Family Court,
was not able to attend the ceremony,
Presiding Justice Leis administered the
Oath of Office to newly elected Family
Court Judges Cheng and Loguercio.
Presiding Justice Leis then called upon
Judge Behar who would be a “stand-in”
sponsor for Queens County Supreme
Court Justice Janice A. Taylor who was
not able to attend the ceremony and sponsor her good friend District Court Judge
Toni A. Bean upon her re-election to
District Court Bench. Judge Behar spoke
of Judge Bean’s commitment to serve the
citizens of Suffolk County and her devotion to her adopted son Matthew.
Presiding Justice Leis then introduced
SCBA member Glen Obedin who sponsored his friend and former partner Judge
Martin I. Efman who had been re-elected
to the District Court Bench for a second six
year term.
Presiding Justice Leis introduced
Appellate Division, Second Judicial
Department Justice Reinaldo E. Rivera
who brought with him the good wishes of
Appellate Presiding Justice A. Gail
Prudenti and the members of the Appellate
Bench. Judge Rivera said he was delighted to attend this wonderful ceremony and
sponsor his dear friend of many years,
newly elected District Court Judge Philip
Goglas. Justice Rivera said that Judge
Goglas brings to the bench a varied pubic
service experience as a New York City
Transit Police Officer, Assistant Town
Attorney of Smithtown, private practice,
Family Court Hearing Examiner, and a
member of the Central Islip Fire
Department members of which were in the
audience to witness this memorable occasion. Justice Rivera said that Judge Goglas
is also a volunteer for the Red Cross. His
wife Mildred and son and daughter and
many family members from as far as
Puerto Rico were in the audience to wish
him good luck on this new phase of public
service.
President Randazzo then presented, on
behalf of the members of the Suffolk
County Bar Association, Judges Goglas
and Kay with their first black robes and to
Judge Santorelli an engraved plaque as a
memento of the occasion.
Next SCBA members Frank Tinari sponsored newly elected John Andrew Kay and
Anthony Pancella III sponsored Judge
Joseph A. Santorelli. They evoked tears
and laughter when they shared with the
crowd several personal and amusing stories.
Presiding Justice Leis then called to the
podium Supervising Judge of the District
Court Madeleine A. Fitzgibbon who
administered the Oath of Office to the
District Court Judges.
Even though they came from different
legal backgrounds when broken down to
their most common denominator, each of
the 11 re-elected or newly elected judges
shared something very serious – a strong
love for the rule of law and for justice.
Location is key to the success of an
event. This year the SCBA was fortunate
to experience this important occasion at
Touro Law School. Dean Lawrence Raful
is to be thanked for his support and generosity in allowing the SCBA to hold the
ceremony at the school. The SCBA would
also like to thank the court officers for
their support and their participation in the
ceremony.
In closing, Presiding Justice Leis turned
the microphone over to President
Randazzo who said that she could not let
the tragic events of the weekend go by
without addressing the risks people in public service take every day they serve. The
SCBA sends its heartfelt sympathy out to
the innocent victims who lost their lives or
were injured in the assassination attempt
on Rep. Gabrielle Giffords at a public
event in Arizona.
Professional Code of Conduct
adopted April 1, 2009
and responsibilities at the initial conference and prior to the signing of a
written retainer agreement.
(f) Where applicable, a lawyer shall
resolve fee disputes by arbitration at
the election of the client pursuant to a
fee arbitration program established by
the Chief Administrator of the Courts
and approved by the Administrative
Board of the Courts.
(g) A lawyer shall not divide a fee for
legal services with another lawyer who
is not associated in the same law firm
unless:
(1) the division is in proportion to the
services performed by each lawyer or,
by a writing given to the client, each
lawyer assumes joint responsibility for
the representation;
(2) the client agrees to employment of
the other lawyer after a full disclosure
that a division of fees will be made,
including the share each lawyer will
receive, and the client’s agreement is
confirmed in writing; and(3) the total
fee is not excessive.
(h) Rule 1.5(g) does not prohibit payment to a lawyer formerly associated
in a law firm pursuant to a separation
or retirement agreement.
Sidney Siben’s Among Us
To Advertise
In The
Suffolk Lawyer
On the Move –
Looking to Move
This month we feature two employment
opportunities and three members seeking
employment. If you have an interest in the
postings, please contact Tina at the SCBA
by calling (631) 234-5511 ext. 222 and
refer to the reference number following
the listing.
Firms Offering
Employment
Call
(866) 867-9121
Contracts attorney position available
immediately. Long Island based global
corporation seeks a full time, permanent
attorney with at least two years of experience in drafting and developing new contract templates with intellectual property
knowledge. Law #19.
Attorney with West Sayville office,
looking to expand his practice, seeking
newly admitted or experienced attorney.
Will look at all resumes of interested parties. Law #4
Members Seeking
Employment
Solo Practitioner, seeks to make a
change. I am open to all forms of future
endeavors, including employment, of
counsel relationship, partnership, association or merger. Over 30 years of experience in criminal law, commercial transactional and litigated matters, personal
injury litigation, real-estate transactions
and litigation, landlord and tenant, some
wills and estate planning, and Surrogate’s
Court work. Att. #35
Attorney with over 10 years experience
in medical malpractice (plaintiff) seeking
full time employment. Att. #26
Attorney fluent in Spanish seeking legal
and/or executive position in a law firm or
corporation. Att. #12.
Keep on the alert for additional
career opportunity listings on the
SCBA Website and each month in The
Suffolk Lawyer.
19
Bench Briefs
while riding his bicycle across Route 112
in Medford, was struck by a vehicle driven
by defendant Christopher M. Cambria, and
owned by defendant Stephan Cambria, Jr.
There was no insurance on the vehicle and
Fuentes filed a claim with the MVAIC.
MVAIC provided an assignment form to
Fuentes to sign and return for $25,000.00
for which Fuentes would assign to the
MVAIC his claim against the Cambria
defendants arising out of the accident.
Fuentes signed the assignment, returned it
to the MVAIC but indicated that Fuentes
intended to pursue his claim against the
defendants himself. In view of the provisions of Insurance Law §5213(b), the
MCAIC, as a matter of law, is not permitted to pay any amount in settlement without the required assignment. In this case,
while there was a signed assignment, plaintiffs also indicated that they were, nevertheless, going to proceed on their own with
this action against the defendants even
though the right to do so was assigned to
the MVAIC. Accordingly the request to
order MVAIC to pay the settlement amount
to Fuentes was denied.
Purported motion to amend complaint
denied; lack of either a proper notice of
motion or an order to show caused was
fatal to the submission of the purported
motion because it deprived the court of
jurisdiction to entertain it.
In Catherine O. Gordon v. Beth A.
Rosenthal, Esq., Index No.: 22256/09,
decided on May 20, 2010, the court denied
plaintiff’s “purported” motion to amend the
complaint as not being proper in form, for
failing to comply with the requirements for
making a motion pursuant to the CPLR and
for failure to submit an affidavit of service.
Plaintiff, who appeared without counsel,
submitted a purported Notice of Motion
with supporting papers but failed to submit
proof of service as required by Rule
202.8(b) of the Uniform Rules of the New
York Trial Courts. The purported Notice of
Motion was also defective in that it failed
to specify the time and place the motion
was to be returnable. The court noted that
the lack of either a proper notice of motion
or an order to show caused was fatal to the
submission of a purported motion, and
indeed, deprived the court of jurisdiction to
entertain it.
Motion to be relieved as counsel granted;
attorney is permitted to withdraw where a
client refuses to pay reasonable legal fees
vices rendered, which defendants had
failed and refused to pay. In granting the
motion the court noted that it is well established that an attorney is permitted to withdraw where a client refuses to pay reasonable legal fees. Notwithstanding the financial hardship alleged by defendants, an
attorney is not required to finance the litigation or render gratuitous services.
In New York Community Bank, as
Successor in interest to Roosevelt Savings
Bank v. Edward F. Campbell, Jr., Carol A.
Campbell, E*trade, Advanced Dermatology, P.C., Suffolk County Dept. of Social
Services, People of the State of New York,
New York State Department of Taxation
and Finance, Edward P. Campbell, Lucy A.
Campbell, “John Doe #1” and “Jane Doe
#30,” inclusive, the last thirty names being
fictitious and unknown to plaintiff, the persons or parties intended being the tenants,
occupants, persons, or corporations, if any,
having or claiming an interest in or lien
upon the premises described in the complaint, Index No.: 11291/07, decided on
April 28, 2010, the court granted defense
attorneys’ motion allowing the movants to
withdraw as attorneys of record for defendants Edward F. Campbell, Jr., and Carol
A. Campbell. The movants set forth that
they undertook to represent defendants in
this action to set aside a conveyance of the
property which was subject to a foreclosure
action as well as a disciplinary matter in the
Appellate Division, First Department.
Movant alleged that there was an outstanding balance of $65,942.98 owed for ser-
In Larry M. Toran and Deborah A.
Toran v. Vincent T. Apicella and Murphy
& Lynch, P.C., Index No.: 10816/10,
decided on June 4, 2010, the court denied
defendants motion pursuant to CPLR
§§510(1) and 511 for a change of venue to
Nassau County. The action sounded in
legal malpractice, and plaintiffs based
venue upon the “location of the parties.”
There was no dispute that plaintiffs resided
in Suffolk County (and defendants resided
in Nassau County) and thus, were entitled
to have venue placed in Suffolk County.
However, defendants essentially asked the
court to treat this as an action in which
venue was improperly placed in Suffolk
County because plaintiffs used the word
“location” rather than “residence.” In
denying the motion, the court noted that
the summons as well as the compliant
clearly indicated that Suffolk residence of
plaintiffs and to burden the court with such
a motion where there was no good faith
basis for claiming that venue in Suffolk
County was improper was disingenuous at
the least and possibly frivolous.
Motion to strike answer granted; self
executing order deemed absolute.
Counsel’s Liability for
Disbursement of Counterfeit
Funds
Contract of Indorser; Order of Liability
(1) Unless the indorsement otherwise
specifies (as by such words as “without
recourse”) every indorser engages that
upon dishonor and any necessary notice of
dishonor and protest he will pay the instrument according to its tenor at the time of
his indorsement to the holder or to any
subsequent indorser who takes it up, even
though the indorser who takes it up was
not obligated to do so.
Justice Madden concluded that, pursuant to UCC § 3-414, the defendant bore
responsibility for the distribution of the
counterfeit check proceeds. More specifically, the Court observed:
As the [Second Department] stated in
Welbilt Construction Corp. v. Kornicki (26
A.D.2d 661, 662 [2d Dept 1966] ),
“[t]hough loosely said to be secondarily
liable, when sued upon his contract of
indorsement, an indorser is absolutely
liable thereon.” See also Bruce v. Martin,
1993 U.S. Dist LEXIS 21382, *23 n 5
(S.D. N.Y.1993), holding that “[t]he maker
of the note bears primary liability, and the
indorser of the note is secondarily liable.”
Defendant deposited a check for
$197,750, which he endorsed. The deposit
ticket stated that the deposit was subject to
the terms of the UCC. Moreover, defendant does not deny that Chase informed
him of the dishonor. Accordingly, pursuant to UCC § 3-414(1), defendant is
liable to pay for the check which he
endorsed, even if the check was dishonored as being counterfeit.
Despite finding that the attorney was
responsible for the dishonored deposit, the
court agreed to hold summary judgment in
abeyance pending the defendant’s pursuit
of his counterclaim premised upon the
bank’s alleged negligence in advising that
the funds had cleared his account. The
consequences for the attorney are profound, including the potential for personal
liability for the $197,750 deposit; Chase’s
counsel fees; the defendant’s counsel fees
to defend the Chase claim and pursue the
counterclaim; and pre-judgment interest.
Note: Mr. Barnes, a member of BARNES
& BARNES, P.C. in Melville can be reached
at [email protected].
Motion for change of venue denied;
although plaintiffs used the word “location” rather than “residence,” summons
and complaint clearly indicated Suffolk
County as residence of plaintiffs
In Dawn Williamson and Joseph
Williamson v. The Town of Huntington,
Index No.: 21431/08, decided on October
13, 2010, the court granted plaintiffs’
motion for an order pursuant to CPLR
§3126(3) striking defendant’s answer; or,
pursuant to CPLR §3126(1) and (2),
resolving the issue in favor of plaintiff due
to defendant’s failure to complete discovery; or pursuant to CPLR §3124, compelling defendant to produce all documentary discovery and to produce William
Naughton and M. Pearsall for a deposition
on a date certain after defendant produces
all documents as previously ordered.
Plaintiffs’ submissions reflected that
defendant failed to produce all documents
demanded in plaintiffs’ notice for discovery and inspection dated September 18,
2008, as agreed to by the defendant and as
directed to by this court in the preliminary
conference order dated October 21, 2008,
and the “so-ordered” stipulation of the parties dated July 30, 2009, and the stipulation
of the parties dated December 10, 2009
and “so ordered” on December 22, 2009
and entered on December 30, 2009. The
latter order expressly provided that
“[defendant’s] failure to comply with this
order shall result in the striking of its
Answer without further Court Order.” The
court found that the self executing order
was deemed to become absolute, and
plaintiff’s motion was granted and defendant’s answer was dismissed.
Please send future decisions to appear in
“Decisions of Interest” column to Elaine
M. Colavito at [email protected].
There is no guarantee that decisions
received will be published. Submissions
are limited to decisions from Suffolk
County trial courts. To be considered for
inclusion in the March 2011 issue, submission must be received on or before
February 1, 2011. Submissions are accepted on a continual basis.
Note: Elaine M. Colavito is an Associate
at Heidell Pittoni Murphy & Bach, LLP
concentrating in litigation defense. She
graduated from Touro Law Center in 2007
in the top 6% of her class. She can be contacted at (516) 408-1600.
What is Quality of Life?
really grounded in fear that I will fail.
Managing my thoughts with positive
affirmations is the key to not letting fear
and negativity overwhelm me.
My
favorite simple affirmation is “I am completely qualified and capable.” Being
fully prepared and doing my homework
also keeps the fear demons away.
Sometimes this means calling another
attorney with a particular expertise to put
me in the right direction.
It is important to have a personal compass. Have a code of ethics by which you
live your life, and stick to those ethics. If
you find yourself deviating from these
core values, take stock of what is going
on in your life. Reach out for help if necessary.
There is a reason why the substance
abuse and divorce rates are so high
amongst attorneys. We have incredibly
stressful jobs. As an attorney, there is little room for mistakes. We are expected
to know everything and to not make mistakes. The reality is we do make mistakes. And the more stressed we are, the
more mistakes we make. If I make a mistake, I have to own up to it. Lying to
cover up a mistake just creates more
problems down the road.
As attorneys, we feel we should be
able to control the outcome. If we lose,
we feel it is our fault. If we were only
better attorneys and had more resources.
The reality is that attorneys are not gods,
and we have no control over the grand
scheme of things. All we can do is our
very best and let go of the outcome.
Try to manage the stress and stick to
your personal compass. Remember that
we are not perfect and in reality, we have
control over very little.
Note: Gail M. Blasie is an
outsource/freelance attorney. She provides quality legal research and writing
(including appeals) for lawyers all over
Long Island, Brooklyn, Queens and New
York City. She graduated Order of the
Coif from the University of California at
Davis and has an office in Massapequa
Park.
20
Gov. Paterson Unexpectedly Increases Bankruptcy Exemptions
also exempt up to $1,000 in cash.
Previously, homeowners could not
exempt cash if they claimed the homestead exemption. This will enable homeowners to protect a larger amount of their
tax refund which is considered cash for
exemption purposes.
Another new category permits consumers to protect up to $1,000 worth of
jewelry and art. The tools of trade exemption, which permit debtors to protect the
tools and implements of their profession,
are being increased from $600 to a more
respectable $3,000.
There are also increased protections for
cell phones, health aids, food, heating
equipment, religious books, etc.
However, I have never seen a trustee previously raise an issue with any of these
types of assets, nor do trustees seem to
have any interest in a used home computer.
New law permits debtors to choose
between new state exemptions
and federal exemptions
Perhaps the biggest change to the law,
other than the increase to the homestead
exemption, is that debtors may now
choose either the federal exemptions or
the New York State law exemptions.
When the current version of the
Bankruptcy Code was created several
decades ago, it included certain federal
exemptions as well as a provision that permitted each state to either adopt them or
“opt out,” in which case the state can
chose their own exemption scheme. From
day one, the New York legislature chose
to opt out and use its own exemption
statutes which have primarily been contained in the C.P.L.R. and Debtor and
Creditor Law.
New wildcard federal exemption
The federal exemptions should provide
some tremendous protections for consumers who do not need the generous
New York state homestead exemption.
This is because the federal exemptions
contain a miscellaneous “wildcard”
exemption that permits consumers to protect $12,000 worth of miscellaneous
assets including cash and tax refunds.
Since the wildcard exemption provides a
great deal of flexibility, consumers will
greatly benefit from now being able to use
this provision.
In addition, the federal exemptions have
a $20,200 personal injury exemption,
compared to New York’s much-smaller
$7,500 P.I. exemption.
New York attorneys, trustees and bankruptcy judges, all of whom have no idea
what the federal exemptions are about, as
they have never had to use them, will have
an interesting and very exciting time during the several years as they race to come
up to date learning about them and applying them. We will also begin to see some
New York bankruptcy court decisions for
the first time ever interpreting the use of
the federal exemptions in this state.
Proposed legislation was submitted
in Albany in past
For years, legislation was proposed in
Albany seeking to increase exemption
amounts. This legislation never received any
publicity because it was periodically struck
down and no one ever expected it to pass.
In years past when discussing the legislation with my colleagues, they expressed
surprise that there was pending legislation.
Despite reaching various stages in
Albany each year for the past decade, such
legislation has never found its way into
law except once, when the homestead
exemption was increased in September
2005.
The Governor’s signing of bankruptcy
legislation unexpected
In July we seemed to get closer than
ever before to seeing a change in New
York’s woefully inadequate exemption
laws. At that time, both houses of the New
York State Legislature passed legislation
to increase bankruptcy exemptions in New
York State. However, the banking industry, which has an extremely large presence
in New York, vigorously lobbied
Governor Paterson to veto the bill.
Very few people thought there was any
chance that Governor Paterson would sign
the legislation into law. But the bankers
carry a great deal of power. They argued
that many consumers owed taxes to New
York State, and with the bill’s added protections for debtors, both in and outside of
bankruptcy, New York State’s tax collec-
Got Legals?
You Can Publish Your Legals
In The Long-Islander
Call 631-427-7000 for details
Ask for Linda
tions would suffer.
New York City officials also opposed
the legislation, arguing that it would
impair the city’s ability to tow and auction
cars for outstanding parking violations.
For a period of time, the bankruptcy
legislation, which was signed by both
houses, just sat on the governor’s desk,
and we all assumed it would die there.
Yet, Gov. Paterson, who was leaving
office in one week, signed the bill during
his last week in office — with no advance
notice and no fanfare of any kind, catching bankruptcy practitioners by surprise.
The only hint came a day before when his
staff circulated a memo asking for input
on the pending bill.
Perhaps the governor, who apparently
does not see public service in his future,
was upset at the damage wrought by the
financial sector which drove the economy into a recession, and used this opportunity to give something back to his constituents.
The governor announced his signing of
the bill by sending out a press release the
day he signed it. He stated that the bill
“would provide a much-needed update to
the exemptions law in New York as many
provisions of state’s exemptions law are
antiquated or have not been amended
Finding Balance
martial art techniques which could cause
tremendous damage. It has also been
called moving Chi Kung. Tai Chi is like
any good game. You can play it on any
level, and once you understand that level it
goes deeper, ad infinitum. At its deepest
level, it is really Zen practice where the
one becomes one with everything. What
did the Zen master say to the hot dog vendor? Make me one with everything.
Essentially that is Tai Chi, Zen meditation,
and Aikido; to join so completely with
everything so as to eliminate any difference between you.
What good will it do you? You’ll be on
the receiving end of balance, health,
peacefulness, a faith in something larger
than yourself, a spiritual practice, a way to
inspire enjoyment of this life, and maybe
all of the above, and maybe none. The
since the 1980’s. The purpose of such
exemptions is to permit debtors in bankruptcy to retain a modest amount of personal property and equity in their homes
so that they can continue to maintain their
lives, and to protect them from becoming
homeless, unemployed, or otherwise
dependent on the State.”
Not only will more consumers be able to
file for Chapter 7 bankruptcy, but many of
those who seek Chapter 13 protection
instead will end up paying substantially
less through their monthly Chapter 13 plan.
Also, many existing Chapter 13 debtors
may be able to convert there cases to one
under Chapter 7 and eliminate all further
monthly payments.
Note: Craig D. Robins, a regular
columnist, is a Long Island bankruptcy
lawyer who has represented thousands of
consumer and business clients during the
past twenty years. He has offices in
Coram, Mastic, West Babylon, Patchogue,
Commack, Woodbury and Valley Stream.
(516) 496-0800. He can be reached at
[email protected]. Please
visit his Bankruptcy Website: www.BankruptcyCanHelp.com and his Bankruptcy
Blog: www.LongIslandBankruptcyBlog.
com.
Zen master paid for his hotdog with a $20
bill which the hotdog vendor kept. The
Zen Master said what about change? The
hotdog vendor said, “Change comes from
within.” To get the benefit you have to
work at it.
Note: Richard W. Morrison has had a
general practice in Smithtown for 30
years and is a partner at Grundfast &
Morrison. Richard is a is a second-degree
black belt in ShorinRyu (Okinawan
Karate) and a third -degree black belt in
Aikido and has taught both for many
years. Additionally, Richard is a Zen
practitioner and Tai Chi Student and
Teacher. For further information on
learning what was mentioned in this article free of charge contact Mr. Morrison at
[email protected].
Learning to Manage
Pain and Wellness
p.m. in the Board Room. Guest speaker,
Alan Sherr, DC, will be discussing a vitalistic approach to pain management and
wellness which emphasizes the uniqueness of each individual and their power to
partner in their own healthcare.
Dr. Sherr presents health as a dynamic
process involving the body, mind and
heart rather than merely an absence of disease symptoms. This presentation will
also explore the difference between the
reductionist and vitalistic approach to
healthcare and ultimately encourage individuals to embrace wellness as a chosen
way of life, engaging them in the entire
process - body, mind and soul.
After the discussion, there will be an
opportunity to relax and network with Dr.
Sherr and other like-minded SCBA colleagues over wine and cheese. But space is
limited, so pre-registration is strongly
encouraged. The cost is $15.00 for preregistrants (if received by March 6th) and
$20.00 thereafter. You can register by
contacting Marion at (631) 234-5511
x230.
Note: Amy Chaitoff is the Healthy Life
series coordinator. She is a solo practitioner with a practice in Bayport. Her
practice focuses on representing individuals, organizations, and businesses with
animal related legal issues. She is cofounder and immediate past co-chair of
the Suffolk County Bar Association's
Animal Law Committee and vice chair of
the New York State Bar Association's
Animal Law Committee. Ms. Chaitoff
can be reached at (631) 265-0155 or
amy@chaitoff law.com.
21
Quality of Life Questions And Answers For Attorneys
time to do it.” For many of us it often feels
like we spend our days in the chaos of crisis—we have to be everywhere at once and
we can’t seem to finish any task.
Why does having a better quality of
life correlate with reducing stress and
worry?
There are two reasons why prevailing
over stress and worry is an important goal
for improving our quality of life. First, scientific and medical evidence clearly indicate that the natural chemicals produced
inside our bodies due to ongoing, chronic,
unmanaged, daily stress have a negative
impact on our health. This kind of stress is
really “distress” and is characterized by
accompanying feelings of anxiety, anger
and tension. When such stress is chronic
and ongoing, it tends to destroy our ability
to stay healthy and work productively.
Second, if we do make a balanced and consistent effort to integrate some simple
stress-management techniques into our
busy lifestyles we will feel healthier and
enjoy our lives more. This all translates
into better quality of life. To get there, it
may take some re-focusing techniques and
ingenuity but it is well worth the effort!
How to prevail over stress and worry.
First, motivate yourself by becoming
aware of the damage that chronic unmanaged stress is doing to your body’s biological systems. In a short-term emergency
situation such as the threat of an intruder
entering your home, your body kicks into
automatic “fight or flight” mode. Without
any conscious effort on your part, it produces hormones that are extremely helpful.
Your brain perceives the threat and
responds by stimulating your endocrine
glands to release the hormones, adrenaline
and cortisol. Adrenaline is responsible for
the “up” feeling that keeps you alert; cortisol helps your body keep going even if it’s
injured during the dangerous event. This
stress response to a short-term emergency
situation is vital to your survival because it
provides a quick response. Your thoughts
about the intruder trigger several internal
bodily responses. Your breathing is faster,
digestion slows down, heart rate and blood
pressure go up and perspiration increases.
Then, when the danger has passed, your
biological systems go back to normal.
However, what happens when your
stress response never shuts off? The same
hormones that were so useful in mobilizing
your body against an immediate short-term
threat become dangerous when their levels
remain elevated. If daily ongoing negative
environments continually produce the
stress response, then there is very little
opportunity for your body to return to its
normal processes. Human beings were not
built to carry around constant disturbances.
Second, change your attitude. There are
so many forms of difficult and unpleasant
circumstances that we cannot avoid: legal
deadlines, difficult clients and adversaries,
computer problems, traffic jams, issues
related to our children or elderly parents,
too many bills to pay, and tricky office politics.
Here’s where we need to examine our
attitudes about these occurrences because
psychological and physical stress are not
separate. For every thought and emotion
we experience, there is a corresponding
biochemical correlate. Thus, thoughts and
emotions are both physiological and psychological. They are reflections of the
same phenomenon. When we experience
psychological distress two things happen
concurrently: we feel negative emotions
and undergo internal bodily changes.2
We certainly cannot avoid these unpleasant circumstances, but if we change our
attitude, the unhappiness and anger these
circumstances normally provoke can be
reduced. Can you think of some difficult or
unpleasant circumstances you have experienced in the last few months? How did
you react to them? Could it be that it is
these habitual reactions to the hardship,
rather than the hardship itself, that disturbs
our day-to-day peace of mind? If we are
not doing anything to change the things we
complain about, that’s exactly what contributes to making our minds and bodies
unhealthy and depressed. If we reprogram
our minds and change our attitudes, the
problems change. “Since it is impossible to
fulfill all our desires or to stop unwanted
things happening to us, we need to find a
different way of relating to frustrated
desires and unwanted occurrences.”3
Third, use some humor. The good news
is that the healing effects of optimism and a
sense of humor have also been documented
in scientific studies. Studies have shown
that the stronger a person’s sense of humor
is, the more antibodies are produced and
the more resistant that person’s immune
system is to the effects of stress. Hearty
laughter leads to a decrease in the stress
hormone epinephrine. The laughter boosts
your immune system by increasing your
body’s level of T cells, a major component
in your body’s defense system. Humor
appears to be a very positive factor in mental and physical health.4
Fourth, integrate some simple stress
management tools into your busy day.
You can easily incorporate a relaxation
technique that involves mindful breathing.
This technique works because it allows you
to re-focus your mind on something pleasant—this rebalances your mind and your
body. If there is no counter-balance to the
endless demands of your hectic work lives
and personal lives, you inevitably suffer
imbalances in the body and the mind. The
good news is that this is a proven technique
that can be used to counter-balance the
effects of stress and worry. Try it. What
have you got to lose except your headache
and tension?
Mindful Breathing helps you become
aware of what you are doing in this
moment. First, to be mindful, we must
STOP everything, sit still, and just breathe.
Focus on the feeling of the inhale and the
exhale. Just stop and quietly be there with
ourselves, putting all other thoughts out of
our minds. I know this sounds strange for
many of us because we are always doing
things. We have lists of things we must do
in our workday. Sometimes our lists have
sub-lists and mini-lists. So we’re always
doing and doing. And after we finish doing
the things we have to do during our day, we
continue to do the things we have to do at
night—meetings, family obligations, etc.
So there’s more doing. There may not be
time to take a walk or go to the gym to
blow off some steam. There may not be
enough time to pull out a yoga mat and try
a yoga class. But you can always squeeze
in time to do some mindful breathing.
Business executives at HBO, Nike,
Forbes, Apple, and former US Supreme
Court Justice Sandra Day O’Connor have
used these techniques to improve their
quality of life. When their days are full of
urgencies, crises, arguments, financial
decisions, and time pressures, many attorneys and business executives have used
these techniques to counterbalance the
stress in their lives. In Manhattan, many
Wall Street brokerage houses and publishing companies have fitness centers that
offer exercise classes, yoga classes, and
stress reduction classes for all employees.
The bottom line for these companies is
increased work productivity because the
employers want their employees to have
increased ability to focus at work!
Employers have also discovered that their
employees experience less depression, less
absenteeism, and illness. That’s good for
business! Justice Sandra Day O’Connor
used to faithfully take her yoga class every
Tuesday morning, in the gym at the US
Supreme Court building in Washington
DC. Justin Morreale, Esq., partner in
Bingham McCutchen, one of Boston’s’
largest corporate law firms, currently
teaches yoga and insight meditation to his
partners and associates in order to let them
know they have other alternatives other
than suffering or leaving the profession.
As author of this article I do not claim to
have perfected my quality of life but I do
persist in using some of the above mentioned techniques and I have seen glimpses
of improved quality of life. In dissertation
research, which was completed in
November 2001, 40 lawyers (22 females
and 18 males), who were members of the
Suffolk County Bar Association, volunteered to participate in a study I conducted
to determine the effectiveness of an intervention program to reduce tension and anxiety. Pre and Post intervention treatment
data were collected on a standardized measure of anxiety. Findings indicated that
irrespective of gender or age, after 30 days
of using the audio CD program, Dynamic
Mind/Body Balancing, the lawyers’ levels
of anxiety were significantly reduced.
Dynamic Mind/Body Balancing is a listening experience that uses spoken word and
inspiring music to help people take charge
of their lives and reprogram their own
minds. It induces relaxation in the body
and clarity and focus in the mind through
simple verbal instructions designed to integrate physical and mental relaxation. It
helps listeners reprogram their minds and
improve the quality of their lives. Anyone
who would like to have this CD free of
charge can send their request along with
the cost of shipping and handling ($6.00) to
Geri Leon, Esq. P.O. Box 516 Huntington,
NY 11743. Upon receipt of your request
and check, a CD will be sent to you by pri-
ority mail.
My wish for you is that these ideas can
be useful tools in making it easier for you
to reduce stress and worry and improve
your quality of life.
Note: Geri Leon is a former Suffolk
County Assistant District Attorney, and former Assistant Professor of Education Law at
St. Joseph’s College. She is presently a
Trustee and Director of Beach Haven Group
LLC with offices in Garden City and
Brooklyn. She also does consulting in criminal law and education law. As a wife, mother of five children, a grandmother of ten, and
an “in home” caregiver for an elderly parent, she is very familiar with the huge
amounts of stress that many of us endure at
work and in our personal lives. With a
Master’s Degree in Education, a Juris
Doctorate in Law, and a Ph.D. in the Science
of Energy Medicine, she combines education
and experience to suggest techniques that
help improve one’s quality of life.
1 Amiram Elwork, Ph.D. & G. Andrew Benjamin,
J.D., Ph.D., The Journal of Psychiatry and Law,
Lawyers in Distress. (Summer, 1995, pp. 203-229).
2 Candace B. Pert, Ph.D., Molecules of Emotion,
Simon and Schuster, First Touchstone Edition,
N.Y. (1999). The author of this book is a molecular-cellular biologist, who has done pioneering
research, which proves that our thoughts, emotions
and daily stressors affect our health.
3 Geshe Kelsang Gyatso, How to Solve Our Human
Problems, p. 33, Tharpa Publications, Glen Spey
NY, (2007). This book explains how to shine a
new light on the subject of your happiness and reprogram your mind.
4 In Saratoga Springs, New York, there is actually an
organization called the HUMOR PROJECT, Inc.,
which is dedicated to working with the positive
power of humor and creativity. Director, Joel
Goodman, says that healthy humor can “make a
positive difference in the lives of individuals and
organizations…to help you get more smileage out
of your life and work.” Goodman has written and
edited many books and articles about humor. He
says to live life without a sense of humor is “senseless.” Many corporations agree with him because
he’s been hired as humor consultant at places like
Federal Express, Coca Cola, the NYC Fire
Department, IBM, HBO, General Electric, and
many other major corporations. He’s even done
humor consulting at some unexpected places
including the CIA, the FBI, and the IRS! Goldie
Hawn was the keynote speaker at the Humor
Conference in Saratoga Springs, New York, April
16-18, 2005. Her keynote topic was “Laughter is
the Jest Medicine.” (For more information, about
current Humor workshops and programs go to
www.HumorProject.com)
Thank You
One of the true joys of the Holiday
Season is to say thank you to the following members for their generous contributions which made our Holiday
Celebration such a memorable occasion. Thank you Ron and Glenn
Hoffman for the beautiful wreath that
adorns the Bar Center Building; they
have been sending us a holiday wreath
for the last 19 years since the establishment of the Bar Center. Thank you to
our Second Vice President Dennis
Chase and his lovely wife Sheri for the wine we all indulged in at the Holiday
Party. We have been the recipients of Dennis and Sheri’s generous donations for
many past holidays and we sincerely thank them for their continued support.
Much thanks to Fireside Caterers for helping us make our holiday party an
unqualified success. We could not have accomplished this extraordinary party
without their creative energies and gourmet fare. Finally, thank you to Joy, Tina,
Nicolette, Hugo and Joe for their marvelously creative talent in decorating the
Bar Center in time for the party. They contributed significantly to the success of
the gala.
22
SUFFOLK ACADEMY OF LAW
OF
THE
SUFFOLK
COUNTY
BAR
ASSOCIATION
5 6 0 W H E E L E R R O A D , H A U P PA U G E , N Y 1 1 7 8 8 • ( 6 3 1 ) 2 3 4 - 5 5 8 8
MID-WINTER CLE
The Suffolk Academy of Law, the educational arm of the Suffolk County
Bar Association, provides a comprehensive curriculum of continuing legal
education courses. Listings include February and March updates, conferences, series, and seminars. Watch for additional program details or
announcements.
REAL TIME WEBCASTS: Many programs are available as both inperson seminars and as real-time webcasts. To determine if a program will be webcast, see the listings in this publication or check
the SCBA website (www.scba.org – Internet CLE).
ACCREDITATION FOR MCLE:
The Suffolk Academy of Law has been certified by the New York State
Continuing Legal Education Board as an accredited provider of continuing
legal education in the State of New York. Thus, Academy courses are
presumptively approved as meeting the OCA’s MCLE requirements.
UPDATES
FAMILY COURT UPDATE
Wednesday, February 9, 2011 (Live & Webcast)
Developed by: Hon. John Kelly; Hon. Isabel Buse; Hon. John
Raimondi (Suffolk County Family Court)
Time: 6:00 – 9:00 p.m. (Sign-in from 5:30 p.m.)
Location: SCBA Center Refreshments: Light supper
MCLE: 3 Hours (professional practice)
[Non-Transitional and Transitional]
ELDER LAW UPDATE
Monday, February 14, 2011 (Live & Webcast)
Presenter: George L. Roach (Grabie & Grabie, LLC)
Time: 2:00 – 5:00 p.m. (Sign-in from 1:30 p.m.)
Location: SCBA Center Refreshments: Valentine’s Day Snacks
MCLE: 3 Hours (2.5 professional practice; 0.5 ethics)
MATRIMONIAL LAW UPDATE
Monday, March 7, 2011
Presenter: Stephen Gassman
Time: 6:00– 9:00 p.m. (Sign-in from 5:30 p.m.)
CONFERENCES
Presented by the SCBA Labor
& Employment Law Committee
LAW IN THE WORKPLACE
Friday, February 4, 2011
This full-day conference will explore timely legal issues affecting
the workplace, including wage and hour and technology. The
program, featuring an outstanding faculty, includes panel discussions, key note addresses, breakout workshops, and
updates on public sector labor law and employment law. The
program is intended for lawyers, human resource directors,
labor relations specialists, business executives, and municipal
leaders and employees.
Faculty: Sima Ali; Sharon Berlin, Andy Cepregi (DOAR
Litigation); David M Coen; Brian Conneely; John Crotty; Erica
Garay; Ilene Kreitzer; Troy Kessler; Paul Levitt; Philip Maier
(Eastern Regional PERB); Irv Miljoner (U.S. Dept. of Labor);
Scott Michael Mishkin; Brian Murphy; Jeffrey Naness; Hon.
Emily Pines; Kathryn Russo; and Marc Wenger
Chairs:Sima Ali and Brian Conneely
Time: 9:00 a.m. – 4:00 p.m. (Sign-in from 8:30 a.m.)
Location: SCBA Center Refreshments: Continental Breakfast &
Lunch Buffet MCLE: 6 Hours (professional practice)
Transitional Training for New Lawyers
BRIDGE-THE-GAP “WEEKEND”
Friday, March 11, and Saturday, March 12, 2011
This two day training program provides a full year’s worth of
credits for newly admitted attorneys. All of the key bread-and
butter practice areas are covered by a skilled, accessible faculty
of judges and practitioners. Enrollment in the full program is recommended, but either day may be taken alone.
DAY ONE (FRIDAY) – EMPHASIS ON
TRANSACTIONAL PRACTICE
Everyday Ethics Barry Warren, Harvey Besunder, Barry
Smolowitz
Residential Real EstateLita Smith-MInes
N.B. - As per NYS CLE Board regulation, you must attend a CLE program or a specific section of a longer program in its entirety to
receive credit.
NOTES:
Program Locations: Most, but not all, programs are held at the SCBA
Center; be sure to check listings for locations and times.
Tuition & Registration: Tuition prices listed in the registration form are
for discounted pre-registration. At-door registrations entail higher
fees. You may pre-register for classes by returning the registration
coupon with your payment.
Refunds: Refund requests must be received 48 hours in advance.
Non SCBA Member Attorneys: Tuition prices are discounted for SCBA
members. If you attend a course at non-member rates and join the
Suffolk County Bar Association within 30 days, you may apply the tuition
Foreclosure Basics Leif Rubenstein
Bankruptcy Basics Richard Stern
Environmental Law Frederick Eisenbud
Small Business Formation John Calcagni
Wills, Trusts & Estates Richard Weinblatt
Elder Law George Roach
Plus: Luncheon Address by Hon. H. Patrick Leis (Suffolk
Administrative Judge)
Location: SCBA Center
Refreshments: Continental Breakfast & Lunch Buffet
DAY TWO (SATURDAY) – EMPHASIS
ON LITIGATION
Introduction to the Courts Hon. Peter Mayor, Hon. Joan
Genchi, Hon. James Flanagan
Handling a Civil Case Wende Doniger, John Bracken, A. Craig
Purcell, James Fagan
Introduction to Federal Practice D. Daniel Engstrand, Jr.
Uncontested Matrimonial Actions Arthur Shulman
New York Notary Law Michael Isernia
Handling a Criminal Case Stephen Kunken and William Ferris
Location: SCBA Center Refreshments: Continental Breakfast &
Lunch Buffet
Planning Committee: Stephen Kunken and William Ferris
(Chairs); Barry Smolowitz; Arthur Shulman; Wende Doniger;
Diane Farrell
MCLE: 8 credits each day, for a total of 16 Transitional Credits
(7-professional practice; 6-skills; 3-ethics)
SERIES
TRUSTS A TO Z
One lunchtime program each month through June (Live &
Webcast)
Past sessions are available as on-line video replays and may
also be purchased as DVDs or audio CDs.
Each Program:
Time: 12:30–2:15 p.m. (Sign-in from noon.)
Location: SCBA Center Refreshments: Lunch
Series Coordinator: Ralph Randazzo
(Randazzo & Randazzo, LLP – Huntington)
IRREVOCABLE LIFE
INSURANCE TRUSTS .................Wednesday, February 2, 2011
Presenter: Richard A. Weinblatt (Haley Weinblatt & Calcagni,
LLP – Islandia)
GRANTOR RETAINED
ANNUITY TRUSTS (GRATS) ................Tuesday, March 1, 2011
Presenter: Paul E. Dorr, Jr.
(Bernstein Global Wealth Management)
DYNASTY TRUSTS .................................Tuesday, April 5, 2011
Presenter: Paul McGloin
(Deutsche Bank Private Wealth Management)
CHARITABLE TRUSTS .......................Wednesday, May 4, 2011
Presenter: Paul E. Dorr, Jr.
(Bernstein Global Wealth Management)
LIFETIME TRUSTS FOR MINORS .........Tuesday, June 7, 2011
(postponed from Jan. 11)
Presenter: Ralph Randazzo
(Randazzo & Randazzo, LLP – Huntington)
MATRIMONIAL MONDAYS
This annual series comprises three seminars, each focusing on
a distinct topic. Each can be taken as an individual entity, with
discounted tuition for registration in the full series.
Each Program:
Time: 6:00–9:00 p.m. (Sign-in from 5:30)
differential you paid to your SCBA membership dues.
Americans with Disabilities Act: If you plan to attend a program and
need assistance related to a disability provided for under the ADA,,
please let us know.
Disclaimer: Speakers and topics are subject to change without notice.
The Suffolk Academy of Law is not liable for errors or omissions in this
publicity information.
Tax-Deductible Support for CLE: Tuition does not fully support the
Academy’s educational program. As a 501©)(3) organization, the
Academy can accept your tax deductible donation. Please take a
moment, when registering, to add a contribution to your tuition payment.
Financial Aid: For information on needs-based scholarships, payment
plans, or volunteer service in lieu of tuition, please call the Academy at
631-233-5588.
INQUIRIES: 631-234-5588.
Planning Committee: Linda Kurtzberg, Esq.; Arthur Shulman,
Esq; Dawn Hargraves
Session One DISCOVERY: CONSULT TO TRIAL
Monday, March 14, 2011 (Live & Webcast)
Faculty: Hon. John Bivona; Vincent Stempel; Jeffrey Horn;
Glenn S. Liebman, CPA; Linda Kurtzberg
Session Two CUSTODY ARRANGEMENTS
& Issues of Child Support
Faculty: Hon. Carol MacKenzie; Hon. Andrew Crecca; Hon.
Jerry Garguilo; Diane Carroll; Margaret Schaefler; Dawn
Hargraves
Session Three NEW NO FAULT LAW
& APPLICATIONS TO DATE
Faculty: Hon. Mark Cohen; Robert A. Cohen; Howard Leff;
Arthur Shulman
SEMINARS
STATE OF THE ESTATE TAX
Monday, February 7, 2011 (Live & Webcast)
Key issues for estates practitioners include highlights of the
2010 act; the application of the law for 2010 estate and
basic/allocation issues; drafting and planning; related New York
State tax issues.
Faculty: David DePinto, Esq., and David R. Okrent, Esq.
Coordinator: Eileen Coen Cacioppo, Esq. (Curriculum Co-Chair)
Lunch ‘n Learn
CHAPTER 13 PLANS
Tuesday, February 15, 2011 (Live & Webcast)
Respected Chapter 13 trustees explain Chapter 13, discuss
do’s and don’ts, and provide tips for avoiding common errors.
Faculty: Marianne DeRosa, Esq. (Chapter 13 Trustee) and
Michael J. Macco, Esq. (Chapter 13 Trustee)
Moderator: Richard L. Stern, Esq. (Macco & Stern // Academy
Dean)
Time: 12:30–2:30 p.m. (Sign-in from Noon)
MCLE: 2 Hours (professional practice) [Non-Transitional and
Transitional
Lunch ‘n Learn – Presented in Conjunction with the
SCBA Education Law Committee
SCHOOLS & SECTION 504 OF THE
REHABILITATION ACT
Wednesday, February 16, 2011
Prominent school law attorneys provide an update on the law
and discuss what schools must do to accommodate students
with disabilities who are not classified as special education
pupils.
Faculty: Neil Block, Esq., and Susan Gibson, Esq.
(Partners–Ingerman Smith, LLP)
Time: 12:30–2:10 p.m. (Sign-in from Noon) Location: SCBA
Center Refreshments: Lunch
[Non-Transitional and Transitional
23
SUFFOLK ACADEMY OF LAW
O F
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SUFFOLK
COUNTY
BA R
A S S O C I A T I O N
5 6 0 W H E E L E R R O A D , H A U P PA U G E , N Y 1 1 7 8 8 • ( 6 3 1 ) 2 3 4 - 5 5 8 8
Lunch ‘n Learn
HANDLING DWI CASES
Thursday, February 17, 2011 (Live & Webcast)
Experienced defense attorneys discuss Leandra’s Law; the right
to confrontation; and recent decisions
Faculty: Scott Lockwood, Esq.; John Powers, Esq.; Ira
Rosenberg, Esq.
Coordinator: Scott Lockwood (Academy Officer)
REAL ESTATE ETHICS
Wednesday, March 2, 2011 (Live & Webcast)
Skilled faculty will address ethical considerations in real estate
transaction. Fact patters illustrating common dilemmas will render the instruction accessible and practical.
Presenters: Mitchell T. Borkowsky, Esq.(Deputy Chief
Counsel–NYS Grievance Committee for the 10th Judicial
District); Gerard McCreight, Esq.; Peter Tamsen, Esq.; Lita
Smith-Mines, Esq.
Coordinator: Gerard McCreight, Esq. (Academy Officer)
MCLE: 3 Hours (ethics) [Non-Transitional and Transitional]
East End
LANDLORD-TENANT TRIALS
Thursday, March 3, 2011
Experienced faculty discusses key issues in landlord-tenant disputes and illustrates important points with a mock trial
Presenters: Hon. Stephen Ukeiley (Suffolk County District
Court); Hon,. Andrea Schiavoni (Southampton Village Justice);
Hannah Abrams, Esq. (Nassau-Suffolk Law Services
Committee); Brian Doyle, Esq. (Farrell Fritz); Marissa Lucha
Kindler, Esq. (Nassau-Suffolk Law Services Committee);
Joseph Salvi, Esq.
Coordinator: Hon. Stephen Ukeiley (Academy Officer)
Location: Four Seasons Caterer–Southampton
Refreshments: Light supper
MCLE: 3 Hours (professional practice OR skills)
Lunch ‘n Learn
NEW BANKRUPTCY EXEMPTIONS
This program will cover amended and new exemptions and how
they affect practitioners filing a bankruptcy case.
Faculty: Richard L. Stern, Esq. (Macco & Stern // Academy
Dean); Others TBA
VALUATION OF A
PERSONAL INJURY CASE
Experienced litigators will discuss case evaluation and tips for
increasing case value or improving potential defenses.
Presentation will also cover intake, pre-trial discovery, and the
judicial standard of material deviation pursuant to CPLR Section
5501.
Presenters: Hon. James Flanagan (District Court); Hon. Jerry
Garguilo (Supreme Court); Matthew Hughes, Esq.; Vincent
McNamara, Esq.
Coordinator: Hon. James Flanagan (Academy Officer)
Re-scheduled:
E-DISCOVERY
This program responds to last summer’s ruling by Chief Judge
Jonathan Lippman altering the Uniform Rules of Trial Courts.
The new rules require that attorneys be “sufficiently versed in
matters relating to their clients’ technology systems to discuss
competently all issues relating to electronic discovery” at preliminary conferences. This program, taught by a knowledgeable
faculty, will teach you to build an EDD (electronic data discovery) process that is defendable in court incorporate EDD into
your overall litigation strategy avoid possible sanctions resulting
from lack of technological expertise
Presenters: Hon. Emily Pines (NYS Supreme Court–Suffolk);
Hon. James Flanagan (District Court); Maura Grossman, Esq.
(Wachtell, Lipton, Rosen & Katz–NYC); Yalkin Demirkaya and
Sal Llanera (Cyber Diligence, Inc.)
Coordinators: Hon. James Flanagan; Cheryl Mintz, Esq.; Allison
Shields, Esq.
PERSUASIVE WRITING
Thursday, March 31, 2011 (Live & Webcast)
Esteemed guest presenter will show practitioners at all experience levels how persuasive writing can make a significant difference in a court case. Topics include story telling; style;
rhetoric; ethics; legal methods; and how to make every word
count.
Presenters: Hon. Gerald Lebovits (Author of “The Legal Writer,”
NYSBA Journal; NYC Civil Court Judge)
Coordinator: Diane Farrell, Esq. (Academy Officer)
Time: 6:00– 9:00 p.m. (Sign-in from 5:30 p.m.) Location: SCBA
Center Refreshments: Light supper
MCLE: 3 Hours (skills) [Non-Transitional and Transitional]
24
Fixing The Hole In My Bucket
icon: my father.
My father was the son of two divorced
first generation immigrants. My grandfather moved to Pittsburgh after the divorce
and thus my father was essentially raised
without dad. Even though he attended
high school in New York during the
1950’s and the heyday of the Yankees of
the Bronx, the Dodgers of Brooklyn and
the Giants of New York, my father was a
member of the “greasers” later immortalized by Danny Zucco, Arthur Fonzerilli
and James Dean. As I later learned after
reconnecting with some of his classmates
from the class of 1959, my dad was a soft
hearted and quiet spoken member of a
crew that favored fast cars, leather jackets
and hair grease (or as we call that very
same product today “Dep”).
It was because of that personal back
story that I appreciated my father’s willingness to volunteer as an assistant coach
of my first little league team. (This,
despite working two full time jobs during
the week and a third part time job on the
weekends.) My appreciation was not
based on the significant time sacrifice
rarely understood by seven year olds.
Instead, I understood even at that early
stage of my life, that my father was entering the unfamiliar territory of the baseball
diamond to build an important bond that
he did not share with his own father.
Taking me to the Bar Harbor Shopping
Center in Massapequa to wait in the rain
alongside hundreds of other fans to secure
the autographs of Gerry Grote, Duffy Dyer
and Nolan Ryan of the Miracle Mets may
not have been his idea of a great time. But,
he knew how monumental an evening it
was to me. Going to a car show was clearly of greater interest to him that sitting in
the outfield upper deck seats when the
Mets played Willie Mays and the San
Francisco Giants on Sunday, June 13,
1971 with me, my best friend John and my
dad’s cousin Bud. But, he knew that it was
a day I would never forget. Taking me to
watch the Jets practice at Hofstra
University may have cost him a day of
work. But, he knew it would heighten my
ever growing love of football.
He somehow just knew.
That is why I loved my father. He was
able to find a way to connect with me on
my terms which were so unfamiliar to him.
When my father died suddenly in 1995, I
was devastated as I was just coming to
appreciate the enormity of his special soul
and the bridge he built between us.
As I planned my own path to fatherhood, I thought I knew things too. I just
knew that my son was going to enjoy
sports. I was going to be his tour guide as
we traveled from sports venue to sports
venue. I would provide him with the historic references that my dad was unable to
conjure. I would expose him to the expansive history of baseball by buying him a
yearbook or program from some other city
we would visit to watch a team belonging
to some other community. Sharing my
“Bucket List” with my son would be a gift
I knew both of us would relish.
Two years after my beautiful son was
born, my family learned the devastating
news that Edward (who was named after
my father) suffered from autism. He was
unable to readily make or maintain eye
contact. He was unable to socially connect
to others or to the world around him. His
interests were limited to drawing images
gleaned from favored television programs,
riding his wagon or bicycle to parks where
he could pick the branches of specific trees
or swinging repeatedly and endlessly in a
A Bridge Over Troubled Water
of the day covers “Handling a Civil
Case” (Mr. Bracken, Mr. Purcell, Ms.
Doniger, and Mr. Fagan); “Introduction
to Federal Practice” (Mr. Engstrand);
“Uncontested Matrimonial Actions”
(Mr. Shulman); “New York Notary Law”
(Mr. Isernia); and “Handling a Criminal
Case” (Mr. Kunken and Mr. Ferris).
With so many topics covered in so short
a time period, the program cannot give
participants a thorough grounding in any
single practice area. What it can and does
do, however, is to raise the consciousness
of those who participate and help them to
spot issues as they go forward in their
legal careers. Moreover, all participants
receive an electronic course book of more
than 1,000 pages – with sample forms,
model documents, instructive narratives,
practical guidelines, and other resources –
that serves as a valuable ongoing reference.
Each day of the Bridge -the-Gap program includes complimentary continental
breakfast and a lunch buffet. More than
just quick pick-me-ups, these refreshment
periods are an integral part of the support
system that the Bridge-the-Gap program
aims to be. Lunch and coffee breaks provide time for students to meet one another
and to engage with the faculty informally.
In fact, many past participants remember
the program’s recess intervals as the
source of important and lasting professional relationships.
The Bridge-the-Gap program provides
16 transitional mandatory continuing legal
education credits, or a full year’s requirement for the newly admitted. Credits are
appropriately divided among the needed
areas of professional practice, skills, and
ethics.
The Friday program runs from 8:00 a.m.
to 4:45 p.m. (with sign-in from 7:45 a.m.).
Saturday goes from 8:30 a.m. to 4:30 p.m.
(sign-in from 8:15 a.m.).
Registrants may enroll in only the
Friday or only the Saturday program, but
participation in the full, two-day program
is advised. Tuition for the full program is
$195 for lawyers admitted two years or
less ($300 for more experienced lawyers).
Either single day is $125 for lawyers
admitted two years or less, ($200 for move
experienced lawyers). Financial aid is
available for those who meet the criteria.
The Academy’s Bridge-the-Gap program truly is intended as a supportive conveyance from the relatively tranquil environment of law school to the more volatile
arena of actual practice. The Academy
urges the newly admitted to attend and
asks more experienced attorneys to tell
their newer colleagues about the program.
Enrollment may be accomplished through
the CLE spread in this publication, through
on-line registration (www.scba.org), or by
calling the Academy at 631-234-5588.
Note: The writer is the executive director of the Suffolk Academy of Law.
backyard playground.
For my first years of fatherhood, I grieved. I came to understand the many losses
to be suffered by Edward, by his mother,
and ultimately, by me. Sadness and anger
were significant and at times, overwhelming. I sank into self pity and anger as I tallied all of the lost hopes and prayers. The
“Bucket List” that I had egotistically decided was to be mine and Edward’s would not
be. I continued to travel to games in cities
across the country through the years since.
Alone or with companions, I suffered a
quiet sadness. I knew my son could attend
baseball games and perhaps even make it
to the half way point of a game. However,
he would not understand or appreciate the
game I loved so dearly. My “Bucket” had a
hole in it and my dreams of traveling to
Wrigley Field, Fenway Park or Dodger
Stadium with my boy leaked from it.
A few months ago I was in Chicago on a
business trip. I had the good fortune to
attend a Chicago Black Hawks hockey
game and I decided to walk home from the
arena. During the two mile walk home, in
a moment of quiet clarity, a profound lesson from my beloved father dawned upon
me. I realized that to build a strong bond
with my beautiful son, I needed to set
aside my “Bucket List” and start dedicating myself to crafting his “Bucket List.”
Just like my father did almost forty years
ago, I needed to figure out what desires
and destinations were held deep within my
beautiful son’s heart. Because my son suffers from autism, learning what his dreams
are has never been easy. However, it
could not be any harder than it was for a
soft hearted “greaser” to develop a love of
sports so much later in life.
Since my trip, I have focused on the joy
of finding the perfect stick to pick, the
ecstasy of hearing the song “Summer
Breeze” play in my car for five consecutive morning commutes, and the pure happiness found in pulling my beautiful (and
not “small”) son on a sleigh ride through
the flat and (barely) snow covered roads of
Melville. I have contemplated the coming
spring with a new found enthusiasm for
daily hellos to my neighbors’ goldfish
pond and the coming summer with a deeper “appreciation” (toleration?) for the ice
cold shower of a garden hose.
Should I ever feel frustrated by the
tasks, I’ll simply think of Fonzie, Danny
Zucco or James Dean bringing a seven
year old to a baseball game.
Note: Edward J. Nitkewicz is an attorney with Sanders, Sanders, Block, Woycik,
Viener & Grossman where he is Senior
Counsel. He was formerly the managing
partner of Nitkewicz & McMahon in
Commack. Mr. Nitkewicz concentrates his
practice in representing plaintiffs in personal injury matters arising from general
negligence, motor vehicle accidents, product defect and pharmaceutical drug or
medical device injury. In addition, he represents children in all matters relating to
special education, including CSE and
CPSE program hearings.
volunteers who have been active in
Academy work. SCBA members interested in applying for one of these positions
should contact Dean Richard Stern, who
serves as chair of the 2011 SAL
Nominating Committee, or Academy
Executive Director Dorothy Paine
Ceparano. Resumes stressing Academy
and/or SCBA service may be sent by mail
(560 Wheeler Road, Hauppauge 11788) or
e-mail ([email protected]).
Curriculum Changes
The E-Discovery CLE scheduled for
the beginning of January was postponed
because of weather conditions. The new
date is Wednesday, March 23. The program will run from 6:00 to 9:00 p.m., with
sign-in and light supper from 5:30 p.m.
Originally advertised topics and faculty
remain in place.
Handling DWI Cases, scheduled for
Thursday, February 17, 2011, will be a
lunch ‘n learn (12:30 to 2:10, with signin and lunch from noon), not an evening
program as originally announced.
Presenters are Scott Lockwood, John
Powers, and Ira Rosenberg. The program
will address new developments related to
Leandra’s Law, the right to confrontation,
and recent decisions.
Curriculum Additions
The following courses were recently
added to the Academy’s Winter
Syllabus:
Schools & Section 504 of the
Rehabilitation Act: This lunch ‘n learn,
scheduled for Wednesday, February 15
(12:30–2:10 p.m., with lunch from noon),
will address changes to the law and what
schools must do to accommodate students
with disabilities who are not classified as
special education pupils. The program is
presented in conjunction with the SCBA
Education Law Committee. Neil Block
and Susan Gibson, both partners with
Ingerman Smith, LLP, are the presenters.
Attorneys, educators, and others with an
interest in Section 504 are urged to attend.
New
Bankruptcy
Exemptions:
Coordinated by Academy Dean Richard
Stern, this lunch ‘n learn (12:30–2:30
p.m., with lunch from noon) has been
scheduled for Wednesday, March 9. The
program will address amended and new
exemptions and how they affect practitioners filing a bankruptcy case.
Persuasive Writing: Featuring guest
presenter Honorable Gerald Lebovits, this
program goes way beyond the usual
course on legal writing. Judge Lebovits –
author of “Legal Writer,” a column in the
New York State Bar Journal, and a highly
sought-after lecturer – will provide easy
methods of persuasive writing that can
make a real difference in a court case:
story telling, style, rhetoric, ethics, legal
methods...making every word count.
Diane Farrell, the program coordinator,
has heard the judge speak; she and myriad
others attest to his highly entertaining and
informative style. The Academy is indeed
grateful that Judge Lebovits has agreed to
bring this winning seminar to Suffolk
County. Save March 31 (6:00–9:00 p.m.,
light supper from 5:30) for a not-to-bemissed CLE evening.
– CEPARANO
25
26
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ACADEMY OF LAW NEWS
More Academy News
on pages 24-23;
CLE Course Listings
on pages 22-23
Annual transitional training program for new lawyers to be held on Friday, March 11, and
Saturday, March 12.
_________________________
By Dorothy Paine Ceparano
“Weary and feeling small,” to quote
Simon and Garfunkel, might be an apt
description of many a new lawyer.
Struggling over a motion, deciphering a
convoluted statute, or taking timid first
steps into the courtroom, the newly
admitted may find themselves awash in
fatigue and afloat in diminished confidence. But help is available. Ferris and
Kunken, the Academy’s “Simon and
Garfunkel,” ease the minds of those traversing the shaky path from law school to
law practice. They are the novice attorney’s “bridge over troubled water.”
Stephen Kunken and William Ferris
have served as chairs of the Academy’s
“Bridge-the-Gap Program for New
Lawyers” for more than a decade. They
bring years of experience as skilled practitioners and active SCBA leaders to the
effort. The end result is a two-day, 16credit, transitional training program featuring a faculty of highly regarded
lawyers and judges who not only share
their inestimable skills and insight, but
exude empathy and concerned kindness
r
a
d
n
C ale
ACADEMY
of Meetings & Seminars
Note: Programs, meetings, and events at the Suffolk County Bar Center (560 Wheeler Road,
Hauppauge) unless otherwise indicated. Dates, times, and topics may be changed because of
conditions beyond our control CLE programs involve tuition fees; see the CLE Centerfold
for course descriptions and registration details. For information, call 631-234-5588.
February
2 Wednesday Trusts Series; Irrevocable Life Insurance Trusts.
12:30–2:15 p.m. Sign-in and lunch from noon
4 Friday
Law in the Workplace Conference. 9:00 a.m.– 4:00 p.m.
Sign-in from 8:30 a.m. Continental breakfast and lunch buffet.
7 Monday
State of the Estate Tax. 6:00–9:00 p.m.
Sign-in and light supper from 5:30 p.m.
9 Wednesday Family Court Update. 6:00–9:00 p.m.
10 Thursday
Meeting of Academy Officers & Volunteers. 7:30–9:00 a.m.
Breakfast buffet. All SCBA members welcome.
(Note change from customary first Friday of the month schedule.)
14 Monday
Elder Law Update with George Roach. 2:00–5:00 p.m.
Sign in from 1:30 p.m. Valentine’s Day snacks.
15 Tuesday
Chapter 13 Plans. Lunch ‘n Learn:12:30–2:30: p.m.
Sign-in and lunch from noon
16 Wednesday Schools & Section 504 of the Rehabilitation Act.
Lunch ‘n Learn:12:30–2:10 p.m. Sign-in and lunch from noon.
17 Thursday
Handling DWI Cases. Lunch ‘n Learn:12:30–2:10 p.m.
March
1 Tuesday
Trusts Series; GRATS. 12:30–2:15 p.m.
2 Wednesday Real Estate Ethics. 6:00–9:00 p.m.
3 Thursday
East End: Landlord-Tenant Trials. Four Seasons Caterers in
Southampton. 5:00–8:00 p.m. Light supper from 4:30 p.m.
7 Monday
Annual Matrimonial Law Update (Stephen Gassman).
6:00–9:00 p.m. Sign-in and light supper from 5:30 p.m.
9 Wednesday New & Amended Bankruptcy Exemptions.
Lunch ‘n Learn:12:30–2:30: p.m. Sign-in and lunch from noon.
11 Friday
Meeting of Academy Officers & Volunteers. 7:30–9:00 a.m.
Breakfast buffet. All SCBA members welcome.
(Note change from customary first Friday of the month schedule.)
11 Friday
Bridge-the-Gap Training for New Lawyers.
Day One–Transactional Practice. 8:00 a.m.–4:45 p.m.
Sign-in and continental breakfast from 7:45 a.m. Buffet lunch.
12 Saturday
Bridge-the-Gap Training for New Lawyers.
Day Two–Litigation. 8:30 a.m.–4:30 p.m.
Sign-in and continental breakfast from 8:15 a.m. Buffet lunch.
14 Monday
Matrimonial Mondays: Discovery. 6:00–9:00 p.m.
16 Wednesday Valuation of a Personal Injury Case. 6:00–9:00 p.m.
21 Monday
Matrimonial Mondays: Custody Arrangements.
23 Wednesday E-Discovery (Re-scheduled from January).6:00–9:00 p.m.
24 Thursday
East End: Trial Strategies. Four Seasons Caterers in
Southampton. 5:00–8:00 p.m. Light supper from 4:30 p.m.
28 Monday
Matrimonial Mondays: No Fault Divorce. 6:00–9:00 p.m.
31 Thursday
Persuasive Writing featuring Hon. Gerald Lebovits. .
Check On-Line Calendar (www.scba.org) for additions, deletions and changes.
for the newly admitted.
Mr. Kunken is a past Officer of the
Academy and a member of its Advisory
Committee. With offices in Commack, he
handles criminal defense and negligence
cases. He has served as chair of the
Suffolk County Bar Association’s
Criminal Law Committee and teaches at
Touro Law Center and in the acclaimed
NITA program.
Mr. Ferris is a past Dean of the
Academy and a member of its Advisory
Committee. He currently serves on the
SCBA’s Executive Committee as treasurer and is next year’s nominee for the position of SCBA Second Vice President. A
past ADA and continuing education
director for the Office of the Suffolk
County District Attorney, he is now with
Bracken, Margolin & Besunder, LLP, in
Islandia.
Joining Mr. Kunken and Mr. Ferris on
the Bridge-the-Gap faculty are other
luminaries of the legal profession on
Long Island, among them a half dozen
past SCBA presidents: John Bracken
(who was also president of the New York
State Bar Association), Barry Warren,
Harvey Besunder, A. Craig Purcell,
George Roach, and Barry Smolowitz.
Representatives of the bench include the
Honorable Peter Mayor (Supreme Court),
the Honorable Joan Genchi (Family
Court), the Honorable James Flanagan
(District
Court),
and
Suffolk’s
Administrative Judge H. Patrick Leis,
who serves as the program’s keynote
speaker. Richard Stern, the current
Academy Dean, serves on the faculty as
do past Deans John Calcagni and Arthur
Shulman. Presenters also include current
and past Academy Officers Lita Smith-
Mines, Frederick Eisenbud, Richard
Weinblatt, Wende Doniger, and D.
Daniel Engstrand, Jr., plus practitioner
Michael Isernia, Leif Rubinstein from
Touro Law Center’s Foreclosure &
Bankruptcy program, and James Fagan, a
law secretary with the Supreme Court in
Suffolk.
It is not an exaggeration to say that
these presenters are among the best and
the brightest anywhere in New York
State, and the Academy is fortunate to
have them on its continuing legal education faculty. Drawing upon rich and
diverse backgrounds, the instructors provide newly admitted attorneys with a
helpful and practical overview of the
bread-and-butter practice areas with
which all lawyers should have a familiarity, including those employed by firms
that concentrate their practices.
Day one (March 11) of the two-part
program focuses on transactional practice. The morning begins with an
overview of “Everyday Ethics” by
SCBA Past Presidents Warren, Besunder,
and Smolowitz and proceeds through
treatments of Residential Real Estate
(Ms. Smith-Mines), Foreclosure Basics
(Mr. Rubinstein), Bankruptcy Basics
(Mr. Stern), Environmental Law (Mr.
Eisenbud), Small Business Formation
(Mr. Calcagni), Wills, Trusts & Estates
(Mr. Weinblatt), and Elder Law (Mr.
Roach). Justice Leis provides a keynote
address during complimentary lunch.
On day two (March 12), the focus is on
litigation. The first presentation of the
morning, by Justice Mayor, Judge Genchi,
and Judge Flanagan, provides an
“Introduction to the Courts.” The rest
Academy Announcements:
Abridged & Aggregated
Meeting Dates
Academy Officers and Volunteers
meet once a month to handle administrative matters, address new program
proposals, and tend, generally, to the
development and presentation of CLE
seminars. The meetings, which are open
to all SCBA members, are normally
held on the first Friday of the month, at
7:30 a.m. In February and March, however, changes have been made to the
usual schedule. The February meeting
will be held on Thursday, February
10, and the March meeting will be held
on Friday, March 11, 2011 (the second
Friday of the month). Both will commence at the usual 7:30 a.m.
Openings on Academy Board
At the end of this administrative year
(May 31), five Academy Officers –
Nancy Ellis, Diane Farrell, Richard
Filliberto, Allison Shields, and John
Zaher – will complete four-year terms,
the mandatory limit for service as an
Academy Officer. Nominations to fill
the five resulting vacancies on the 21member Academy board will take place
shortly (before early March). The openings are for one-year terms, upon completion of which application may be
made for a subsequent three-year term.
The new Officers, as per Academy
Bylaws, will be selected from among
ACADEMY OF LAW OFFICERS
DEAN
Executive Director
Richard L. Stern
Dorothy Paine Ceparano
Nancy E. Ellis
Diane K. Farrell
Richard L. Filiberto
Allison C. Shields
John C. Zaher
Herbert (Skip) Kellner
Marilyn Lord-James
Lynn Poster-Zimmerman
George R. Tilschner
Hon. Stephen Ukeiley
Robin S. Abramowitz
Brian Duggan
Gerard J. McCreight
Daniel J. Tambasco
Sean E. Campbell
Amy Lynn Chaitoff
Hon. James P. Flanagan
Jeanette Grabie
Scott Lockwood
Lita Smith-Mines

February 2011 - The Suffolk County Bar Association

Transcription

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