Ocean Side Bar - Fall 2012 - Ocean County Bar Association

Transcription

Ocean Side Bar - Fall 2012 - Ocean County Bar Association
Newsletter Date
FALL ISSUE - 2012
Inside This Issue …
Ducey's Dispatch
Hurricane Sandy has left an indelible mark upon all of us. On a
, IIImany of the iconic images of our lives have been destroyed
large scale
from parts of LBI, to the Funtown Pier, to the Casino Pier and the Jet Star
that now sits in the Atlantic, to Joey Harrison's Surf Club, the Lavallette
boardwalk, the Point Pleasant Boardwalk, Gee Gees, Leggetts and the Belmar boardwalk. Between the iconic landmarks many, many homes, businesses and properties have been destroyed. It will take time to rebuild the
Caption describing
Shore to the greatness it once had.
New Members
Page 2
What’s New
Page 2
Family Law Report
Page 3
Tax Topics
Page 3
State Bar Report
Page 4
Sandy Volunteer
Page 5
picture or graphic. McGillicuddy
On a smaller scale it is time now to take care of our own for awhile.
Many Ocean County attorneys have lost their cars, homes, possessions and
offices, files furniture and equipment. Many have lost all of these things. I
would ask that any person that was impacted by the storm to please contact
Karin at 732-240-3666 or Renee White at [email protected] that
others attorneys who were not impacted as badly can assist. Many attorneys have contacted me about helping and donating but we need to hear
from those who need the help. For example I have an all-in-one printer,
copier fax looking for a new home.
On a bit larger scale we are asking for our members to volunteer
some of their time in order to assist judicial staff members. Some areas of
need are general legal information regarding homeowners’ insurance
claims, auto insurance claims, FEMA appeals, and landlord tenant matters.
If you are able to volunteer please contact Claire Calinda at
[email protected].
On a much larger scale, the Young Lawyers Division led by Jamie
Schron is leading an effort to help out the public at large. Please contact
Jamie at [email protected] for more information on how to help.
If we all combine in the relief efforts we as members of the Ocean
County community can make the rebuilding of our beloved County an easier and much shorter process.
JOHN G. DUCEY, ESQ.
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Drug Court
Page 9
Judicial Clerks
Page 10
Admission Ceremony
Page 19
Golf Outing
Page 19
Per Diem/Cassified
Page 21
Inside
Ocean Side2Bar
Official
Publication2of the
Inside
Ocean County Bar Association
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Inside
Ocean
County Court House
P.O. Box 3813
Inside
Toms River, NJ 08754
Inside
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Director—Karin Poola
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Inside
(732) 240-3666
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Inside- John G. Ducey
President
(732) 286-2170
President :
John G. Ducey
First Vice President:
Laura M. Halm
Second Vice President:
Maryanne Calvetto
Treasurer:
Eugenia M. Lynch
Secretary:
Richard M. Sevrin
Trustees :
Ronald E. Prusek
Terrance L. Turnbach
Daniel D. Olszak, Jr.
Lynne A. Dunn
Renee T. White
Stacie Brustman
Marianna Pontoriero
Matthew Sage
Christine L. Matus
Adam J. Steuerman
Young Lawyer Liaison:
Jamie L. Schron
State Bar Trustee:
Richard M. Sevrin
Immediate Past President:
Arthur F. Leyden, III
On December 10, 2012 Valter Must joined
the firm of Carluccio, Leone, Dimon, Doyle
& Sacks as a partner. Valter’s practice will
focus on commercial litigation.
Adam M. Carmen has joined the law offices of Carluccio, Leone, Dimon, Doyle and
Sacks where he will focus his practice on
general litigation.
As of January 1, 2013 William D. Wright
will be opening his own practice to be located at 566 E. Bay Avenue - Suite 1, Manahawkin. New contact info is as follows:
Phone - 609-759-2500 Fax - 609-479-2777
Email - [email protected].
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Lisa A. Adams, Esq.
Robert A. Coogan, Esq.
Thomas DeNoia, Esq.
with
DeNoia & Tambasco
Kathleen Peterson, Esq.
with
Ocean Monmouth Legal Services
Louis M. Ragone, Esq.
with
Atkinson & DeBartolo
Christina A. Rallo, Esq.
Carol Willner, Esq.
Retirement seems to be with word of the hour, at least in
our family law community. On behalf of the Family
Law Committee I wish Judy Holmes, ESP Coordinator;
Brendon Toner, Family Division Manager; and Judge
Ronald E. Hoffman all a long, happy and healthy retirement. The Family Law bench and bar gave Judy
Holmes a well-deserved send off on December 4th at the
La Bove Grande. With over 125 people in attendance,
including attorneys, Judges, Retired Judges and staff
members, Judy was deservedly thanked for her 25+
years of service in working with just about everyone
who has ever practiced family law in Ocean County during that time. It is hard to believe she is the only person
in OCN to have held the position of ESP Coordinator.
As of the writing of this report a retirement gathering is
planned for Brendon Toner on January 3, 2013 at Crystal Point. Last but not least, the Family Bench will have
one vacancy next year following the anticipated retirement of Judge Ronald Hoffman. Details on Judge Hoffman’s retirement gathering will be forthcoming.
With the upcoming turnover in these positions and a
vacancy on the Family Part bench I urge all counsel to
have patience with the new staff members who will fill
these positions and with the juggling of the Family Part
calendars amongst the other Family Part judges.
It is not an understatement to say that Hurricane Sandy
impacted each and every one of us in some way. The
generosity of the bar in helping those, whose offices
were, literally, destroyed, has been heartwarming and
inspiring. Who said lawyers were adversaries? Because
of the widespread and long term impacts of the storm
the Family Law Committee is planning a seminar for
early 2013 which will discuss several topics relevant to
how the storm has impacted our practice and cases.
Look for details to follow.
On December 5, 2012 Ocean County conducted a new attorney swearing in ceremony
in Historic Courtroom #1 for all those who
passed the Bar.
With the Courtroom filled with family and
friends Assignment Judge Vincent J. Grasso
administered the New jersey Oath. Judge
Ronald Hoffman administered the Federal
Oath. Ocean County Bar President John
Ducey, State Bar Trustee Richard Sevrin and
Young Lawyer Liaison Jaime Schron spoke
on behalf of the Bar Association.
Best wishes to the newest members of the
Bar: Nicole Babnick, Steven Cohen, Joseph
Coronato, Jr., Elizabeth Dobson, Teresa
Finnegan, Tiana Gimbrone, Claudia Joy
Hage, Julie E. Heller, Marissa Hirsch, Louis
Husney, Kate Judd, Crystal L. Kelly,
Marguerite Kneisser, Jeremy M. Lackey,
Shmuel Levin, Elizabeth Melamed, Anthony
Morgano, Phillip Pinto, Arun Ponnambalam,
Evan Richards, Danielle Rosiejka, Janet Y.
Schulze, Lauren Steins, Miriam Wolfe, David
C. Wright.
I hope that the New Year finds you all healthy and looking forward to a prosperous 2013.
Jill L. Thiemann, Esq.
Chair, Family Law Committee
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The State Bar Association is responding to the dramatic turn of
events that occurred as a result of
Hurricane Sandy last month. As
we know, and has been acknowledged by the Bar Association, the
destruction to homes and businesses over the State have caused damages that have
never been seen at the Jersey Shore. The State Bar
Association has adopted a plan for attorneys to assist
self-represented litigants to reconstruct their damages and losses as a result of this emergency.
As stated by our Bar President, Kevin
McCann, Hurricane Sandy, “left an incalculable trail
of destruction, devastation, heartbreak and we know
many of you are still struggling”. The State Bar is
ready and has adopted a plan to help those suffering
from this disaster and tragedy.
Websites have been created to assist those in
need for emergency services by visiting
www.njsba.com or www.njicle.com. These sites
will be updated with the latest information from Federal, State, and local authorities. The websites will
be updated with association details and New Jersey
Institute for Continuing Legal Education programs
will be reinstated that have been postponed.
There is a New Jersey Lawyers Assistances
program available for law students, Judges, lawyers,
and legal professionals who require help. That hotline is 800-24-NJLAP. The Bar Association is also
using social media to connect with attorneys and
those needing assistance on twitter, face book, community networks are being used and will assist with
volunteers.
As an update from the New Jersey State Bar
Association there are assistance programs presently
ready and available to help those who are in need.
There is a toll free legal hotline for victims facing
issues due to the Hurricane Sandy, which can be
seen on the State Bar Association websites. Residents who cannot afford to pay an attorney can call
the hotline, which is available now, to request free
legal assistance at (888) 541-1900.
Consistent with the New Jersey State Bar Association’s obligation, and goal to assist those in
need created by Hurricane Sandy, a program has
been arranged to have lawyers contribute their time
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to provide advice and assistances to those who are
suffering greatly. The program, which has been implemented with the assistance of Sharon Balsamo at
the State Bar Law Center, provides that the volunteers take calls. These lawyers would take calls at
their offices without having to spend time at the Law
Center which was previously proposed.
The referrals of individuals seeking guidance
and/or advise can contact attorneys who devote free
time to the program such as land-lord tenant manners. There will be a webinar scheduled for the purpose of educating attorneys who desire to provide
their assistances.
Attorney’s will be called and advised about
an intake information sheet received by the New Jersey State Bar Association. The calls will primarily
involve landlord tenant matters, insurance, FEMA
assistances, and appeals and property issues. Attorneys will have the opportunity to accept or decline
the referral for any reason.
n speaking with callers attorney’s are expected to provide general advise and guidance in answering questions to point them in the right direction
and guiding them through the issues they are facing.
If individuals require to have long-term representation they can be referred back to the program or lawyer referral service information and obtain advise as
to hiring private counsel to represent their interests.
Referring them to a county lawyer first, referral services, legal services if appropriate or other attorney providers. Callers are advised at the outset to
limit of the programs by the Bar Association staff.
If attorneys are willing to volunteer, please
contact Sharon Balsamo at [email protected].
This is a program in need of attorneys with knowledge of the topics that are within their practice.
There is a form on the New Jersey Bar Association website which will allow volunteers to provide their assistance. (A copy of the form can be
found on page 5 for your convenience).
Should you have any questions, please do not
hesitate to contact me.
RICHARD SEVRIN
State Bar Trustee
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1. We are Ocean County Lawyers since 1970. Our attorneys have been members, officers and supporters of the Ocean County Bar Association for forty years.
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I am writing this missive in response to the huge 1 number of inquires received at 44 Princeton
Avenue asking “what happened to Cornblatt?”
I was admitted to the Bar of New Jersey in 1962. Having finally grown out of my youthful ambitions it was, it seemed to me, appropriate to accept that it was time for me to “gear back”.
I discussed this with Barbara Baggett, Esquire, a knowledgeable younger attorney. She suggested that I become “of counsel” to her law firm, which is located at 44 Princeton Avenue. What,
you ask, does it mean to be “of counsel?” I’m still not sure. I think the basic role by which credit and
blame are apportioned in such a relationship is this: if you are involved when something happens
good, the person for whom you are “of counsel” takes credit. If, on the other hand, something bad
happens, you get to take the blame yourself.
Ms. Baggett and I have, over the years, had some interesting discussions. I remember some
years ago our heated dialogue, relating to the law against fornication which was then in effect. Ms.
Baggett, who is eminently practical, pointed out that:
“The law which prohibits sexual intercourse between people not married to each
other is quaint in an age when there are no longer enough forests to produce sufficient
wood for all the stocks and pillories that would be needed to punish the sinners who have
violated that law. 2
We had discussed over the years the apparent antipathy which we perceive in the popular press,
toward the law, and lawyers in general. Ms. Baggett put this into context as follows:
“As traditional sources of social norms – families, schools, churches – weaken, law seeps
into the vacuum. As laws, regulations, rules, contracts, mediations, arbitrations and negotiations multiply, so do lawyers. Antipathy toward lawyers expresses resentment of
the need to rely on people without whose arcane skills (and vocabularies) we frequently
cannot function. Doctors, too, are like this, but most patients still feel that doctors generally are on their side and are providing something they need whereas lawyers seem increasingly parasitic.”
“Distain for Congress is related to Congress’ reputation as a nest of lawyers displaying
their profession’s skill at making work for itself. Modern government, indiscriminately
meddlesome, -- invites, indeed incites – people to hire lawyers to bend public power for
private advantage. Potential losers from this process defensively hire countervailing lawyers.” 3
____________________________
1 Okay, there were three telephone calls, one of which was a wrong number.
2 Quoting George F. Will, “The Leveling Wind.”
3 George F. Will, Op. Cite
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Ultimately, I concluded that since I cannot win any argument with Ms. Baggett, I would be
well advised, in my dotage, to align myself with her. I think the expression is, “if you can’t beat ‘em,
then join ‘em”.
So it is that we agreed to enter into a loose association of informal partnership. There is no
question as to which of us is the partner in charge.
Our arrangement is, however, circumscribed by certain restrictions which Ms. Baggett has insisted be a part of every agreement or relationship into which I enter with any person. This language,
which she has interjected on the back of my business card, is as follows:
“My senior law partner does not permit fee cutting, sympathy, compassion, pity or
mercy of any kind.”
Within these restrictions I function as “of counsel” to the Law Firm of Barbara Baggett, Esquire.
Regards,
Alan J. Cornblatt
Ocean Vicinage Drug Court Held Graduation Ceremony and
10th Anniversary Celebration
Ocean Vicinage held a drug court graduation ceremony and 10th anniversary celebration on Wednesday,
Nov. 28 at 11 a.m. in the Mancini Room of the Ocean County Library, 101 Washington St., Toms River. Judge
Joseph L. Foster will preside over the event. The program had 12 candidates who were eligible to graduate.
Drug court is a highly specialized team process within the existing Superior Court structure that addresses
nonviolent, drug-related cases. Drug courts are unique in the criminal justice environment because they build a
close collaborative relationship between criminal justice and drug treatment professionals.
Drug court targets offenders who, were it not for their substance abuse, might never have been involved
with the court system. Drug court programs are rigorous, requiring completion of four phases during five years
of intensive drug and alcohol treatment and testing, and a tightly structured regimen of treatment and recovery
services. This level of supervision permits the program to support the recovery process, but also allows supervisors to react swiftly to impose appropriate therapeutic sanctions or to reinstate criminal proceedings when participants do not comply with the program.
The graduates have met all the requirements of the program and have successfully completed their terms of
probation supervision.
The Ocean Vicinage Drug Court program serves 300 participants. Since its inception in 2002, the program
has graduated 187 participants.
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!
by Marguerite Kneisser, Esq.
On Tuesday, December 4, 2012, the Ocean
County Bar Association and the Judicial Law Clerks
held
their
Annual Holiday Party for
less fortunate
children.
Thanks to the
ent husiasm,
support, and
g e ne r o s it y
from Ocean
County employees and attorneys, this is one holiday party the
children are sure to remember.
kids were thrilled to make cookies and ornaments
with Santa. But that’s not all! After being stuffed full
of pizza and sweets, the children were able to enjoy
ice cream from an ice cream sundae bar while they
waited patiently for Santa to hand out presents that
were generously donated by local attorneys and judiciary employees.
When it was time for presents, the kids came
up one by one to take pictures on Santa’s lap and
then excitedly unwrapped their gifts. Andrew Darcy,
Law Clerk to Judge Peterson, who was in charge of
taking pictures noted, “It was truly joyous to take the
kids’ pictures on Santa’s lap because I was able to
capture the kid’s utter excitement of receiving presents from Santa!”
After the children unwrapped their gifts, magician Ken Northridge captivated and amazed the
audience with the help of his dove and rabbit friends.
The cafeteria was transformed into a winter
wonderland filled with food, activities, and games.
Upon entering, the children were directed to a pizza
station graciously donated by Gilmore & Monahan,
P.A. as well as a chicken tender/French fry station
donated by George Kneisser and Danielle Rosiejka,
and baked ziti donated by Coronato, Brady, & Kunz,
P.C. Guests were also able to enjoy generous helpings of sweets and refreshments, including cookies,
brownies, and cupcakes provided by judiciary employees and local businesses.
Once the festivities were over and the
cleanup began, the Law Clerks reflected on the success of the event. Julie Heller, Law Clerk to Judge
Franklin said, “The holiday party was such a wonderful experience! It was so nice to be able to give
back to members of the Ocean County Community
through our work with the judiciary.” According to
David Wright, Law Clerk to Judge Buczynski, said,
“It was magical experience for all the children and
everyone involved.” “We can all agree the night was
truly a success!”
With holiday music playing in the background, the children made their very own candy cane
reindeer, ornaments for their holiday trees, decorated
cookies and colored until their big surprise came.
A very special thank you is extended to everyone who donated food, gifts and other items to
make this year’s party a wonderful day, not only for
the families that attended, but for all of those involved. The law clerks would especially like to recognize Karin Poola and the Ocean County Bar Association for all their assistance. Happy Holidays!!
Finally, the time had come, Santa had arrived! One of Santa’s elves, Michael Stanzione, Law
Clerk to Judge Hodgson, announced that a special
guest had arrived. Santa Claus entered the room
while “Santa Claus is Coming to Town” played over
the speakers. As Santa walked in, the children turned
and yelled, “IT’S SANTA! and one by one ran up to
him to give him a big hug. As Jeremy Lackey, Law
Clerk to Judge Millard, put it, “seeing the kids’ faces
light up at the site of Santa was really amazing.” The
joy emanating from them was undeniable.
Santa spent time at each craft station, helping
the kids make ornaments and decorate cookies. The
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FOR MORE
INFORMATION PLEASE
VISIT OUR WEBSITE
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The Ocean County Bar Association wishes to extend our appreciation to the following firms
and companies for support the 2012 Annual Golf Outing which was held on September 20,
2012 at Woodlake Country Club.
MAJOR SPONSORS
Leyden, Capotorto & Ritacco
Lomurro, Davison, Eastman & Munoz
Novy & Associates
Wells Fargo Private Bank
PATRONS
Benchmark Resolution Services, LLC
La Bove Grande
Stolfe, Zeigler & Legreide
HOLE SPONSORS
Amherst Financial Service
Carluccio, Leone, Dimon, Doyle & Sacks
Cowan, Gunteski & Co.
Garden State Trust Co.
Horn & Turnbach, LLC
John Izdebski
The Pontoriero Law Firm
Surety Title - Coastal Region
Trident Abstract
University Title Insurance Agency, Inc.
The Golf Committee is already planning the 2013 event. We’ll keep you all posted.
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JAMES J. CURRY, JR., LL.M.
Certified by Supreme Court of New Jersey
As a Certified Civil Trial Attorney
Member New Jersey and New York Bars
Referral Fees Paid
Personal Injury Litigation
Medical Malpractice



Ocean County Based Law Firm - Not a Branch Office
Nurse Paralegal on Staff
Certified in Elder Law, NYU, 2001
RECENT VERDICTS & SETTLEMENTS




Bus/Travel Accident
Driver has Seven Operations (Cash)
Medical Malpractice:
Surgical Mishap (Cash)
New York State Supreme Court
Motor Vehicle Accident - Two Week Trial
Cerebral Injury/Diving Injury at Resident
During Bible Study/Pool Party
Gross Negligence vs. Charity
(Structured Settlement)
$2.7 M (2010)
JAMES J. CURRY, JR., ESQ.
505 Main Street
PO Box 1225
Toms River, NJ 08753
(732) 240-4200
E-Mail: [email protected]
www.currylawfirm.net
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$2.2 M (2009)
$737,500
$9 M
PER DIEM ATTORNEYS & CLASSIFIED
BRONZINO, PETER J. (732) 202-7104, 44
Princeton Ave. Brick NJ 08724. Available
for research, briefs and court appearances.
Also accepting overflow referrals. Former
law clerk to the Honorable Thomas E.
O'Brien, P.J.Cv.
GERSTENBLATT, JEFFREY H., - 545 E.
Kennedy Blvd., Suite 17B, Lakewood, NJ
08701, (732) 901-4793. All court appearances including family, civil, criminal, chancery, special civil part and municipal court.
Briefs, research, depositions, motions.
OFFICE SPACE FOR SHARE/SALE
Office Space - 44 Princeton Avenue, Brick
has office space available. Excellent location. Reasonable and flexible leases. Congenial co-tenants.
Conference rooms and
kitchen facilities. Call A. Cornblatt, 732-8409595.
IZZO, GINA-MARIE - (908) 415-9131, 30
Linden Place, Red Bank, NJ 07701. Available to criminal, family and municipal court
appearance and motions. Former Brooklyn
Assistant District Attorney. Accepting referrals.
KELLY, THOMAS F. - (732) 946-9000.
Assistance to you and your clients in complicated IRS cases, audits, collections, criminal
matters. Formerly, District Counsel IRS.
PURRAZZELLA, JOSEPH - (732) 3412222. Specializing in Social Security Disability Appeals. Member of the National Organization Claimant’s Representatives
(NOSSCR). Accepting referrals.
RYBAR, AGNES - (732)966-2836. Specializing in Family Law. Available for research,
motions, briefs, court appearance and vacation coverage. Accepting referrals.
SIMMONS, DANIEL - 121 Washington
Street, Toms River, NJ (732) 349-0401. General Law; specialty in Municipal Court appeals and briefs.
WIEDEKE, FREDERICK, JR. - 769 Route
#9, Bayville, NJ (732) 269-3377. Research,
Briefs, Motions and all types of Court appearances; Family Law; Civil Litigation.
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