SUFFOLK LAWYERTHE · 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

The Suffolk County Bar Association sponsored a judi-cial swearing-in and robing ceremony on January 10 for11 members of the Suffolk County Judiciary at TouroLaw Center in Central Islip. A standing room crowd ofdignitaries and well wishers were in attendance to markthe momentous occasion.

Sheryl Randazzo, president of the SCBA and host of theceremony, welcomed the members of the bench, digni-taries, colleagues, their families, friends and well wishers.Following the Pledge of Allegiance and the singing of theNational Anthem sung by member John Zollo, PresidentRandazzo turned the microphone over to Suffolk CountyDistrict Administrative Judge H. Patrick Leis III whopresided over the ceremony and administered the Oath ofOffice to Supreme Court Justices W. Gerard Asher andAndrew A. Crecca who were elevated to the SupremeCourt Bench.

Joe Ryan, Justice Asher’s longtime friend and past pres-ident of the Nassau County Bar Association sponsoredhim and told the audience of his friend’s work ethic andjudicial wisdom. Justice Crecca’s sons, Andrew andMichael, shared how they helped campaign for theirfather and how in turn Judge Crecca helped campaign forAndrew when he ran for Student Council President at thePines Elementary School. Andrew and Michael marveledat just how supportive their father had always been oftheir many activities. President Randazzo presented com-memorative plaques to Justices Asher and Crecca upontheir elevation to the Supreme Court Bench.

Although each judge’s accomplishments were diverse,a common thread ran through their responses - gratitude,

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 werepleased to be serving the public and would wear the blackrobes with pride.

Judge Stephen M. Behar, who is a deacon at MaryImmaculate R.C. Church in Bellport, gave the Invocation.He was elevated to the County Court Bench.

Re-elected for additional terms were the HonorableStephen L. Braslow, whose father, Jack Braslow, a

respected lawyer himself, told the audience how proud hewas to be standing at the podium and sponsoring his sonfor a second term as County Court Judge. The HonorableC. Randall Hinrichs, Supervising Judge of the CriminalTerms of the Courts within the County of Suffolk, admin-istered the Oath to Judges Behar and Braslow, and inabstention, Judge Hudson.

Judge James C. Hudson recovering from a recentsurgery could not attend the ceremony, but sent his good

Photos by B

arry M. Sm

olowitz

PRESIDENT’S MESSAGE

DEDICATED TO LEGAL EXCELLENCE SINCE 1908 Vol. 27 No 5 Febuary 2011website: www.scba.org

SUFFOLK LAWYERTH

E

THE OFFICIAL PUBLICATION OF THE SUFFOLK COUNTY BAR ASSOCIATION

Healthy Life SeriesThe 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 cocktailparty 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.

BAR EVENTS

Journey to Quality of Life.......................8Q & A on Quality of Life ........................5Finding Balance........................................8What is Quality of Life? ..........................4__________________________________Meet your SCBA Colleague ....................3Ask the Diva..............................................6Acupuncture at the SCBA.......................3Connecting with an Autistic Child .........9SCBA photo album...........................14-15___________________________________Legal ArticlesAmerican Perspectives.............................17Bench Briefs...............................................4Commercial Litigation .............................13Consumer Bankruptcy..............................10Court Notes ..............................................12DMV ........................................................16Pro Bono ..................................................17Real Estate................................................12Trusts and Estates (Cooper).....................16___________________________________Academy News ........................................28Among Us ..................................................7Calendar: Academy..................................28Calendar: SCBA.........................................2CLE Offerings..........................................22Committee Corner....................................17Future Lawyers Forum.............................11

INSIDE…FEBRUARY 2011

FOCUSLAWYERING &

QUALITY OF LIFE ISSUESWhat Do We AllHave In Common?____________________By Sheryl L. Randazzo

On Monday, January 10, it was my distinct pleasureand honor to host this year’s Judicial Swearing-In andRobing Ceremony for the Suffolk County BarAssociation.

Since becoming a member of the SCBA, I have attended almost everyRobing Ceremony that the association has hosted. Early on I went becausehaving gone to law school in Washington, D.C. where all judges wereappointed and seldom mixed with practitioners, judges seemed so intangible.I thought it would be something special to be able to see judges sworn in andreceive their robes. After the first time I faithfully have attended this annualevent because it has come to mean so much more to me.

For those of you who have attended an SCBA Robing Ceremony, youknow what a unique opportunity it is to learn about members of our judicia-ry and to gain broader perspective of what it means to be a lawyer in SuffolkCounty. Personally, I enjoy hearing the judges speak about why they choseto practice law and their journey bringing him or her to the bench. I amalways struck by the commitment to service that each judge has undertakenand remarkably surprised after hearing most of their stories by just how muchwe all have in common.

This commonality between bench and bar so apparent at the SCBA’sRobing Ceremonies is one of the reasons I have committed so much of mytime and energy to my membership in the SCBA. As with all manners ofactive participation in the SCBA, time spent with our colleagues helps us torecognize that we are not in it alone. Realizing this is especially importantfor attorneys in Suffolk County, the vast majority of which practice in small

(Continued on page 12)

A Day of Thanks and Acknowledgement

Sheryl L. Randazzo

FOCUS ONLAWYERING & QUALITY

OF LIFE ISSUESSPECIAL EDITION


SCBA President Sheryl L. Randazzo and re-elected CountyCourt Judge Stephen L. Braslow.

District Court Judge John Iliou, left, Acting Supreme CourtJustice Joseph Farneti, and District Court Judge Richard I.Horowitz at the annual Robing Ceremony.

THE SUFFOLK LAWYER — FEBRUARY 20112

To Advertise in

The Suffolk Lawyer

Call

(866) 867-9121

SCBA

OF ASSOCIATION MEETINGS AND EVENTS

All meetings are held at the Suffolk County BarAssociation 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 anychanges/additions or deletions which may occur.

For any questions call: 631-234-5511.

JANUARY 201120 Thursday Surrogate’s Court Committee, 5:30 p.m., E.B.T. Room.

Professional Ethics & Civility Committee, 6:00 p.m., Board Room.26 Wednesday Solo & Small Firm Practitioners, 5:00 p.m., Board Room.

FEBRUARY 20111 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.

MARCH 20112 Wednesday Appellate Practice Committee, 5:30 p.m., Board Room

Elder Law & Estate Planning /Surrogate’s Court Committees, 6:00 p.m., Great Hall.

7 Monday Insurance & Negligence - Defense Counsel Committee, 5:30 p.m., E.B.T. Room.

8 Tuesday Education Law Committee, 12:30 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.

Healthy Life Series - Part V - Holistic Medicine- Dr. Alan Scherr-4:00 p.m. to 6:00 p.m., Board Room.

14 Monday Executive Committee, 12:30 p.m., Board Room.15 Tuesday Commercial & Corporate Law Committee, 5:30 p.m., Board Room.16 Wednesday 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.

23 Wednesday Professional Ethics & Civility Committee, 5:30 p.m., Board Room.

Our Mission“The purposes and objects for which the Association is established shall be cul-tivating the science of jurisprudence, promoting reforms in the law, facilitat-ing the administration of justice, elevating the standard of integrity, honor andcourtesy in the legal profession and cherishing the spirit of the members.”

The Suffolk LawyerUSPS Number: 006-995) is published monthly except July and August by Long Islander, LLC, 149 MainStreet, Huntington, NY 11743, under the auspices of the Suffolk County Bar Association. Entered as peri-odical class paid postage at the Post Office at Huntington, NY and additional mailing offices under theAct of Congress. Postmaster send address changes to the Suffolk County Bar Association, 560 WheelerRoad, Hauppauge, NY 11788-4357.

Sheryl L. Randazzo............................................................................................PresidentMatthew E. Pachman................................................................................President ElectArthur E. Shulman............................................................................First Vice PresidentDennis R. Chase ...........................................................................Second Vice PresidentWilliam T. Ferris ...............................................................................................TreasurerDonna England ..................................................................................................SecretaryHon. 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

Suffolk County Bar Association

560 Wheeler Road • Hauppauge NY 11788-4357Phone (631) 234-5511 • Fax # (631) 234-5899

E-MAIL: [email protected]

Board of Directors 2010-2011

SUFFOLK LAWYERLAURA LANE

Editor-in-Chief

DOROTHY PAINE CEPARANO

Academy News

Leo K. Barnes, Jr.

Eugene D. Berman

John L. Buonora

Dennis R. Chase

Elaine Colavito

Ilene S. Cooper

Justin Giordano

Robert M. Harper

David A. Mansfield

Craig D. Robins

Frequent Contributors

The articles published herein are for informational purposes only. They do not reflect the opinion of The Suffolk CountyBar Association nor does The Suffolk County Bar Association make any representation as to their accuracy. Advertisingcontained herein has not been reviewed or approved by The Suffolk County Bar Association. Advertising content doesnot reflect the opinion or views of The Suffolk County Bar Association.

TH

E

PublisherLong Islander Newspapers

in conjunction with The Suffolk County Bar Association

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, 631-

427-7000.

Send letters and editorial copy to:

The Suffolk Lawyer 560 Wheeler Road, Hauppauge, NY 11788-4357

Fax: 631-234-5899 Website: www.scba.org

E.Mail: [email protected] or for Academy news: [email protected]

Calendar

Important Information from the Lawyers Committee on Alcohol & Drug Abuse:

Thomas More GroupTwelve-Step Meeting

Every Wednesday at 6 p.m.,

Parish Outreach House, Kings Road - Hauppauge

All who are associated with the legal profession welcome.

LAWYERS COMMITTEE HELP-LINE: 631-697-2499

Congratulations to Past President CooperCongratulations to our immediate Past President Ilene S.Cooper who received the coveted Volunteer Woman of theYear award from The TIMES HUNTINGTON. She comesfrom a volunteering family and started her volunteering veryearly as a candy striper, where her dad, a pediatrician, and oneof the founders of Franklin General Hospital worked. Hermom also spent many hours volunteering at that hospital.Ilene’s goals and accomplishments are many, too numerous tomention, but what we all do know is that Ilene is one of thosepeople to look up to and to emulate. She has definitely brokenmany a “glass ceiling” and we are very proud that Ilene is anactive member of our association. She currently chairs theSCBA Presidents’ Council.

Ilene S. Cooper

Photo by L

aura Lane

THE SUFFOLK LAWYER — FEBRUARY 2011 3

_____________By Laura Lane

Sometimes you want to trysomething new, but know littleabout it and it’s just too muchtrouble to find out the informationyou need before going forward;so you don’t. Enter the SCBA’sHealthy Life Series.

For a nominal fee, associationmembers have been granted theopportunity to learn so many valuableways to take better care of themselves,become more productive, and increasetheir levels of energy. Throughout theyear experts have visited the SCBA ontopics like meditation, eating healthy,and most recently acupuncture.

Nicole V. Rotondi, L.Ac., Dipl. Ac., MS,recently led an informative program on thehealing power of acupuncture, offering amultitude of information. Having beenraised by a mother who believed in alterna-tive medicine, Ms Rotondi was intriguedby acupuncture. She obtained a MastersDegree in acupuncture and has been help-ing people ever since.

“Most people try acupuncture when theyare at their wit’s end,” she said. “Andsometimes people come to see me whodon’t know what’s wrong with them. Infour or five treatments people should see achange.”

Ms. Rotondi said that the ancient formof medicine can be used for emotion aswell as physical well being. The conceptof acupuncture is based on the belief that

health is present when one’sphysical, physiological andpsychological aspects are har-moniously balanced. And it canbenefit children and even ani-mals.

“How we view our body isthe main difference betweenwestern and alternative medi-cine,” she said. “Western medi-cine sections you out. In

acupuncture, we treat root causes; wedon’t isolate one part of the body.”

Some people who attended the pro-gram had specific questions regardingtheir own health. Ms. Rotondi said thatacupuncture has been used very effec-tively to alleviate many issues includingarthritis, sleep issues, and cravings. Sheencouraged everyone to try it, assuringthem that the needles used are notpainful. She explained that there are somany concerns that can be addressed,some that might not occur to people,including cancer, behavioral issues inchildren, and allergies.

When Ms. Rotondi completed her pro-gram everyone stayed. That’s because oneof the nice perks at all of the Healthy LifeSeries programs is the wine and cheeseprovided after the program. Taking amoment to relax, everyone networks and itis possible to speak to the speaker in amore casual setting.

“Sometimes we need something likethis, we lawyers, for our body and mind,”said Olga Ruh, who added that she’d heard

about the program in The Suffolk Lawyer.“We need to focus on ourselves as well asour jobs and careers.”

By the end of the evening there was thesound of laughter, conversations on top-ics other than work, and a feeling of hopein the room.

“Acupuncture is one of the manyapproaches to a healthier life that canbenefit all people, but lawyers in particu-lar stand to gain a great deal from slowingdown, recognizing what ails them, andallowing a professional to help redirecttheir energy in a positive way,” saidSCBA President Sheryl Randazzo. “If we

only set aside our skepticism and reorga-nize our priorities to reflect that we valueourselves and our own health, we will bebetter able to handle our clients, life’svarious stresses and all of the responsibil-ities we take on every day. This series isa step in the right direction to help ourmembers do so. “

Note: Laura Lane is the Editor-in-Chief ofThe Suffolk Lawyer. She is an award-win-ning journalist having written for the NewYork Law Journal, Newsday and theHerald newspapers among others. Shecan be reached at (516) 376-2108.

The Road to Good Health

Meet Your SCBA Colleague_____________By Laura Lane

Was there an event or person that ledyou to pursue the type of law you’vechosen? My criminal procedure teacher atHofstra Law School inspired me tobecome a prosecutor. That class is usuallypresented by someone who is liberal -everyone is wrongly convicted. Thisteacher, having been a prosecutor, pre-sented everything more neutrally.

How did you end up working at theDept. of Justice? After graduating fromlaw school I was appointed by the U.S.Attorney General to the Honor LawGraduate Program at the Dept. of Justicein Washington, D.C. I was assigned to theCriminal Division, Appellate Section ofthe Department.

What did you handle at the Dept. ofJustice? I wrote and argued appeals fromcases arising out of Strike Forces in fivedifferent federal circuits, prepared memo-randa in opposition to petitions for writsof certiorari to the United States SupremeCourt and I assisted in the preparation of anumber of briefs to the Supreme Court incases that were accepted for review.

That sounds very fulfilling. Whycome to Suffolk County? I grew up inRockville Centre. But it was my wife,Lynne Adair Kramer, who had alwayswanted to open her own practice on LongIsland. I was happy to come back to LongIsland but really knew nothing aboutSuffolk County – I thought it was allfarmland. We chose Suffolk County overNassau because we both loved to play ten-nis and wanted a house with a tennis

court. I did get an offer from both theNassau and Suffolk District Attorney’soffice.

You accepted the job as an AssistantDistrict Attorney in Suffolk County.What was that like for you? When Icame to Suffolk County I wanted a jobwith the U.S. Attorney’s Office but I wasturned down because I didn’t have theexperience needed.

It was an ego adjustment going from theJustice Dept. to the local DA’s office. Butat the Justice Dept. the cases were from allover. At the DA’s office everything waslocal. It was a much more personal expe-rience than working for the Justice Deptand I got to know people in SuffolkCounty.

How did you end up working envi-ronmental cases? In 1983 I got a com-plaint about a furniture stripper who wasdumping chemicals. We got the guy. Istarted and became the first chief of theEnvironmental Crime Unit in the State ofNew York at a local level. For three yearsI was the only DA prosecuting environ-mental crime full-time. And I had the firsttwo jail sentences for environmentalcrime in New York. I was ahead of thelearning curve.

What were the challenges at thattime? I had to convince the judges thatenvironmental crime should be treated thesame as DWI. They were all white collarcriminals that had never been in troublebefore. By contaminating ground waterthey affected thousands of people. We hadmore convictions in Suffolk County from1984 to 1987 than the attorney generals.

You accomplished even more to helpprotect the environment at your nextjob, the Suffolk County Attorney’sOffice, right? I was the Deputy Chief ofthe Federal and Civil Litigation Bureau andwas Counsel to the Suffolk County Boardof Health. I helped write ground water pro-tection regulations. Then when I went intoprivate practice three years later at CahnWishod & Lamb (Lamb & Barnosky, LLPnow) I handled their environmental andmunicipal litigation. Eight years later I leftto start my own practice, but I returned toLamb & Barnosky in 2005 to head theirEnvironmental Practice Group.

But soon you decided to open yourown practice again. I developed theirpractice and became a partner. It was atough decision to leave in 2008. I wantedto accept all categories of environmentalcases but I couldn’t do that at Lamb &Barnosky because of conflicts of interestwith the firm’s municipal clients.

What do you like about being anenvironmental law attorney? I lovewhat I do because I feel like I’m alwayslearning something new. EnvironmentalLaw is a field that is constantly evolving.I also love it because I can help people.

When and why did you join theSCBA? I joined in 1978. It was the way tohave a collegial relationship with othersand a way to give back to the legal com-munity. I felt I had skills to share withpeople and one way was through the com-mittees at the SCBA. I was the co-chair ofthe Environmental Committee seven dif-ferent times and I was also a past memberof the Board of Directors. I lecture for the

Academy annually.

You’ve published, were the Editor-in-Chief for the Academy of Law’s LawReview, and lecture. Why do you con-tinue to lecture? I enjoy it. I believelawyers have an obligation to share theirskills with other lawyers so they can getgood at what they do. I was also anadjunct professor at Touro Law whichwas an interesting experience. It reallyforces you to learn your subject matter.And I like the fact that it forced me tokeep current in my field.

Why would you recommend SCBAmembership to another attorney? Thecommittee system at the SCBA is a won-derful way to get to know your fellowlawyers. The interaction you’ll experiencewill enhance your practice. And being anSCBA member will give you a level ofcomfort to know you can call other lawyersso you don’t have to reinvent the wheel.

Frederick Eisenbud

Frederick Eisenbud, a Commack environmental lawand litigation attorney, worked for the U.S. Dept of Justice before joining theSuffolk County District Attorney’s office. His career has been anything but routine.

Laura Lane

Amy Chaitoff, the Healthy Life series coordinator, left, speaker Nicole V. Rotondi, andSCBA President Sheryl L. Randazzo.

_______________By Gail M. Blasie

It seems like we are all under an enor-mous amount of stress and pressure,especially here on Long Island and inNew York City. People hang up thephone without saying goodbye and trans-fer your call while you are in mid-sen-tence. There is no time for the politebanter upon which many good relation-ships are built. So in the face of suchenormous stress and competition, howdo we attorneys create and maintain“quality of life?” What is “quality oflife?”

There is good stress and bad stress.The bad stress is what ruins quality oflife. Bad stress makes us short with ourstaff and family. And we all know howone harsh word can ruin trust in a rela-

tionship which will take a very long timeto rebuild. If we do find ourselves actingharshly, we can always apologize, eventhough some say that being an attorney isnever having to say “I’m sorry.” But averbal apology is just the first step inrepairing the harm. We have to changeour behavior. And key to changing thebehavior is changing the circumstancesthat cause the stress and changing ourattitude about situations. This means wehave to take stock of what is going on inour practices and lives and see what wecan change to reduce the stress.

I hate feeling stressed – good or bad.The good stress motivates me to expandmy horizons, take on a challenge, andlearn something new. Typically, thestress I experience in these situations is

What is quality of life?




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___________________By Elaine M. Colavito

SUFFOLK COUNTY SUPREME COURT

Honorable Paul J. Baisley, Jr.

Plaintiffs motion for an ordered direct-ing the Motor Vehicle Accident Indem-nification Corporation (MVAIC) to pay$25,000 to the plaintiff denied; as a mat-ter of law, the MVAIC is not permitted topay any amount in settlement without therequired assignment

In Alejandro Fuentes and MariaFuentes v. Christopher M. Cambria andStephan Cambria, Jr., Index No.:32790/09, decided on May 4, 2010, thecourt denied plaintiffs motion for anordered directing the Motor VehicleAccident Indemnification Corporation(MVAIC) to pay $25,000 to the plaintiffAlejandro Fuentes in settlement of anuninsured motorist claim made toMVAIC. This was a personal injuryaction arising from a motor vehicle acci-dent wherein plaintiff Alejandro Fuentes

BENCH BRIEFS

There is a reason why thesubstance abuse anddivorce rates are so highamongst attorneys.

“”

• Live within your means. The less debtyou have, the more options you haveabout what work you will and will nottake on.

• Always have a vacation scheduled tolook forward to.

• Remember, don’t take the behavior ofothers personally.

• Take time to do those things thatbrighten your life. Put up those holi-day decorations, paint your office, buya new suit.

• When your gut tells you not to take ona particular client, follow your intu-ition.

• Attend to those things that you havebeen putting off. Take care of thatissue that you have been avoidingbecause you do not know how to do itor because you dislike the task. Theproblem will only get worse by notattending to it.

• Exercise. Take time to be outside.

Take a walk or bike ride. • Spend time with children, without

attending to any work tasks. Childrenare the true experts of being in the now.

• Leave the office at 6:00 and go to yourchild’s soccer or baseball game, nomatter what. Work will always bethere, but they won’t always be young.

• Be grateful for what you have.Contentment is having what you have.

• Outsource projects and create moretime for yourself.

• If you are stuck, ask for help. Reachout to other attorneys to discuss issuesof law and professional dilemmas.Suffolk Bar Association committeesare wonderful and free events to meetother lawyers to call upon.

• Realize what you have control over –which is yourself – and let go of thosethings you have no control over –everything else!

• Do your best and let go of the result.

Quality Of Life Tips



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____________By Geri Leon

Who’s complaining about lack ofquality of life in the practice of law?

We are. Working within today’s legalparadigm is quite a task! When we practice

law, stress seems to come withthe territory. Our jobs are verydemanding and we are good atspotting mistakes and flaws inlegal arguments. This may bebecause we have analyticalminds and we’ve been trained tosearch for glitches and errors inour opponents’ legal arguments.This skill is very useful but it canhave a “boomerang effect.”We’re so good at critical analysis and spot-ting flaws and insufficiency that we maybecome painfully aware of our own flaws.Or if we’re not aware of them, we may be

working very hard in perfection-istic ways to make sure there areabsolutely no errors in our work.According to researchers,Amiram Elwork, J.D. Psy.D., andDouglas B. Marlow, Ph.D., J.D.,when it comes to studying highstress environments, lawyers arethe perfect subjects!1 Theseauthors should know, since theyare lawyers, as well as, psycholo-

gists who work with lawyers! Chronic stress and worry are not prob-

lems that can be resolved with quick fixesand simple-minded solutions. For some ofus, we feel so pressured about our heavy

workloads that we just don’t want to eventalk about it—and so we suppress our feel-ings of pressure. Other lawyers do want todiscuss it and their common complaint is,“there’s too much to do and not enough


Quality of Life Questions And Answers For Attorneys

Geri Leon



____________By Geri Leone

This exercise allows you to relieve tension and stress without even leaving youroffice chair. It has proven, positive, biochemical, effects on your body such as reduc-ing blood pressure and heart rate while improving your focus and concentration.

• Sit comfortably in your office chair, feet flat on the floor, neck and shouldersaligned 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!!!

For every thought andemotion we experience,there is a correspondingbiochemical correlate.

“”


Mindful Breathing Exercise To Reduce StressJoin your SCBA colleagues at the JohnW. Engeman Theater in Northport onThursday, Feb. 10 at 6 p.m. to see a profes-sional production of the musical, Cabaret.This popular 1966 Broadway production,later made into a very successful film show-casing the talents of Liza Minelli, is the per-fect event for post-holiday blues. If you’venever been to the Engeman Theater you arein for a real treat. Known as one of the fewtheaters on Long Island to offer a compara-ble New York City theater experience, theyhire city professionals and boast a state-of-the art stage. Also included in this terrificSCBA night out is a pre-show cocktail partyin the piano bar lounge of the theater; horsd’oeuvres by Compari of Northport andunlimited wine, beer, and soft drinks.

Tickets are only $60 per person. CallMarion at (631) 234-5511, ext. 21l to securetickets. Get your tickets and ‘Come to theCabaret!’

Come To The Cabaret! Set in 1931 Berlin, Cabaret takesplace in and around the seedy KitKat Klub, one of many cabaretsthat populated Berlin. CliffordBradshaw, a young, Americanwriter, comes to the city in thehopes of finding inspiration for hisnew novel. At the Kit Kat Klub hefinds his inspiration - SallyBowles, a young, English cabaretperformer. They fall in love buttheir joy is short-lived due to thegrowing influence of the Naziparty in Berlin. The hardships peo-ple experience in Berlin and thedeclining state of the city, are com-mented upon by the ever-presentEmcee and the cabaret girls at theKit Kat Klub. Cliff and Sally con-tinue to struggle to keep their rela-tionship alive but it is anything buteasy given the difficult circum-stances that surround them.

I am writing this let-ter to 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 puzzledby the mixed messages I receive from thesenior partners as to when the law firmrequires a written retainer agreement signedby a client. Mr. Cheetum (who representsclients in personal injury matters) insiststhat we have a signed written retainer foreach client, while Ms. Howe (who handlesreal estate) seems not to need a signed writ-ten retainer. I am confused as to whom Ishould listen. Can you help me?

Signed,Query

_______________________

Yes, I can clearup your confu-

sion 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 ofProfessional Responsibility).

Specifically to your questions and confu-sion, I suggest you review the ProfessionalCode of Conduct’s Rule 1.5. Therein, therequirements of legal fees and the divisionof fees are addressed. (See below completecopy of Rule 1.5 of the Professional Codeof Conduct) Within Rule 1.5 you will finda review of how and when an attorney shallcommunicate their fees to the clients; thescope of their legal representation andother requirements, including the reason-able legal fees and the types of informationthat must be contained in the retainer.

Rule 1.5 states that the information shallbe in writing where required by statute orcourt rule. Therefore, you also need to checkthe type of action that your law firm wasretained for, and in what jurisdiction. Thereare some specific requirements for contin-gent fees arrangements: the law firm shall,among other things, clearly notify the clientof any expenses for which the client will beliable regardless of whether the client is theprevailing party (Rule 1.5 (c)). For domesticrelations matters, an attorney must be famil-iar with Rule 1.5 (d) 5, which has specificrequirements regarding fee arrangements.

The Professional Code of Conduct also

addresses a number of other issues to con-sider when representing a client, i.e.,whether this is an existing client that youare representing on a new matter andwhether the legal fees to be charged havechanged. See Rule 1.5 (b).

Depending upon the type of action, youalso need to check the local court rules.For example, I checked the New York StateUnified Court System website and it listsvarious department requirements. Seehttp://www.courts.state.ny.us. The Firstand Second Department has specificrequirements for certain claims and actionsinvolving personal injury, property damage,wrongful death and loss of service arisingfrom and or in connection to such matters(see Part 603.7 and 691.20 respectively); theThird Department has no filing requirementsthat I can determine from Office of CourtAdministration’s website and the FourthDepartment indicates that its rules 1022.2 &1022.3 were repealed and amended.

In your quest for information, anothersource to add is the list of opinions issued bythe NYSBA Committee on ProfessionalEthics. These opinions are advisory and areissued only to attorneys concerning theirown proposed conduct, not past conduct orthe 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 ownSuffolk County Bar Association Website(www.scba.org) under Professional Ethics.

I hope this information was helpful toyou. Please continue to write to me as youknow how I love to read my fan mail.

Signed the ever popularDiva Appeal

Note: Regina Brandow is a member of theSCBA’s Professional Ethics & CivilityCommittee. An active member, she also par-ticipates in the Surrogate Court and the ElderLaw Committees. Ms. Brandow is a memberof the Stony Brook Rotary and the SurrogateCourt Decision Making Committee. She is asolo practitioner with offices located in StonyBrook, New York that concentrates in estatesand special needs planning, includingguardianships


ASK THE DIVA

If you have a specific question thatyou want to ask Diva, fax the SCBAat (631) 234-5899 Attn. MarionBaumer, for Professional Ethics“Ask the Diva.” Marion can also bereached at [email protected]. All fic-titious and non-fictitious names areaccepted

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 isexcessive when, after a review of the facts, a reasonablelawyer would be left with a definite and firm convictionthat the fee is excessive. The factors to be considered indetermining whether a fee is excessive may include thefollowing:

(1) the time and labor required, the novelty and diffi-culty of the questions involved, and the skill requisite toperform the legal service properly;

(2) the likelihood, if apparent or made known to theclient, that the acceptance of the particular employmentwill preclude other employment by the lawyer;

(3) the fee customarily charged in the locality for sim-ilar legal services;

(4) the amount involved and the results obtained;(5) the time limitations imposed by the client or by cir-

cumstances;(6) the nature and length of the professional relation-

ship 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 andexpenses for which the client will be responsible. Thisinformation shall be communicated to the client beforeor within a reasonable time after commencement of therepresentation and shall be in writing where required by

statute or court rule. This provision shall not apply whenthe lawyer will charge a regularly represented client onthe same basis or rate and perform services that are ofthe same general kind as previously rendered to and paidfor by the client. Any changes in the scope of the repre-sentation or the basis or rate of the fee or expenses shallalso be communicated to the client.

(c) A fee may be contingent on the outcome of thematter for which the service is rendered, except in a mat-ter in which a contingent fee is prohibited by paragraph(d) or other law. Promptly after a lawyer has beenemployed in a contingent fee matter, the lawyer shallprovide the client with a writing stating the method bywhich the fee is to be determined, including the percent-age or percentages that shall accrue to the lawyer in theevent of settlement, trial or appeal; litigation and otherexpenses to be deducted from the recovery; and whethersuch expenses are to be deducted before or, if not pro-hibited by statute or court rule, after the contingent fee iscalculated. The writing must clearly notify the client ofany expenses for which the client will be liable regard-less of whether the client is the prevailing party. Uponconclusion of a contingent fee matter, the lawyer shallprovide the client with a writing stating the outcome ofthe matter and, if there is a recovery, showing the remit-tance 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 acriminal matter;

(2) a fee prohibited by law or rule of court;(3) fee based on fraudulent billing;

(4) a nonrefundable retainer fee; provided that a lawyermay enter into a retainer agreement with a client con-taining a reasonable minimum fee clause if it definesin plain language and sets forth the circumstancesunder which such fee may be incurred and how it willbe 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 custodyor visitation or is in any way determined by referenceto PART 1200 - RULES OF PROFESSIONALCONDUCT 5 the amount of maintenance, support,equitable distribution, or property settlement;

(ii) a written retainer agreement has not been signed bythe lawyer and client setting forth in plain languagethe nature of the relationship and the details of the feearrangement; or (iii) the written retainer agreementincludes a security interest, confession of judgment orother lien without prior notice being provided to theclient in a signed retainer agreement and approvalfrom a tribunal after notice to the adversary. A lawyershall not foreclose on a mortgage placed on the mari-tal residence while the spouse who consents to themortgage remains the titleholder and the residenceremains the spouse’s primary residence.

(e) In domestic relations matters, a lawyer shall providea prospective client with a statement of client’s rights

Professional Code of Conduct adopted April 1, 2009


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On the Move…Bracken & Margolin, LLP

and Harvey B. Besunder,P.C. are merging their lawfirms. The new firm will beknown as Bracken MargolinBesunder LLP with officeslocated at 1050 Old NicholsRoad, Suite 200, Islandia, N.Y.11749; telephone: (631) 234-8585; Fax (631) 234-8702.

Roe Taroff Taitz & Portman welcomeChristine R. Shiebler into their firm asCounsel. Ms. Shiebler concentrates herpractice in the areas of wills, trusts andestates, elder law and real estate.

Congratulations…To the Honorable Steve Stern who was

honored by The TIMES HUNTINGTON asthe “Man of the Year in Government.”Legislator Stern has spearheaded manyprograms which have benefited the com-munity and his advocacy has made atremendous impact on veterans not only inhis district but countywide.

Melissa Negrin-Wiener, an elder lawattorney and partner at Genser DubowGenser & Cona (GDGC) in Melville, willbe a recipient of Long Island BusinessNews’ 40 Under 40 award in the Class of2011.

Speedy Recovery….Wishing County Court Judge James C.

Hudson a very speedy recovery followinghis recent surgery.

Announcements,Achievements, & Accolades…

Edward J. Blaskey, Market President atTD Bank and outgoing President of theAdvancement for Commerce Industry &Technology, Inc. (“ACIT”), announcedon Dec. 3 the election of Frederick C.Johs, partner in the law firm of LewisJohs Avallone Aviles, LLP (“LewisJohs”), to serve as the new President ofACIT. Fred previously served on theBoard of Directors of ACIT.

Alan E. Weiner, a partner emeritus atHoltz Rubenstein Reminick, was quotedin TaxAnalysts in their 20th anniversaryarticle regarding notable tax achieve-ments.

David Pomerantz has posted a newpodcast on Forensic Perspectives - AnAttorney’s Guide to Cross-ExaminingFinancial Expert Witnesses. ForensicPerspectives is a web-based radio showhosted by nationally recognized forensicaccounting expert, Mark S. Gottlieb. Thepodcast provides listeners in the legal ser-vices community immediate access totoday’s top legal and accounting experts.To hear the series, visitwww.msgcpa.com.

Alexander G. Bateman, Jr. of RuskinMoscou Faltischek, P.C. was elected tothe Board of Directors of United Way ofLong Island.

Lisa Renee Pomerantz was the fea-tured speaker at the January 19 monthlybreakfast meeting of the MacArthur

Business Alliance at theHoliday Inn in Ronkonkoma.Her topic was, the “Do’s and

Don’ts for Avoiding andResolving Business Disputes.”

Karen Anne O’Donnell,will exhibit an art piece at theRipe Gallery’s VALENTINEthemed exhibit “Rose ColoredGlasses” from Feb. 14 (re-ception 5-8 p.m.) through

March 1 at the Ripe Gallery, 67ABroadway, Greenlawn (631-239-1805).Ms. O’Donnell exhibited her 12-panelwindow / sculpture of photos andmemorabilia titled “Vintage America”and her mixed media 6-panel windowtitled “Mermaid Parade - Coney Island” atthe Huntington Arts Council’s satellitegallery in Melville during August andSeptember. Her photo “Coney IslandThrills” was picked for a juried exhibitionat the Petite Gallery in Huntington held bythe Huntington Arts Council in which 38artist were selected from 200 entries. Thisphoto was also included in HarborfieldLibrary’s local artist exhibit titled“Visions of Experience” during Sep-tember 2010.

STEPHEN P. SCARING, seniorpartner in the firm of Scaring &Brissenden PLLC, Garden City, has againbeen named in the 2010 Super Lawyers -Metro Edition’s top list of attorneyspracticing in the area of Criminal DefenseLaw in New York State.

Forchelli, Curto, Deegan, Schwartz,Mineo, Cohn & Terrana LLP Real EstatePartner Kathleen Deegan Dickson andappointed to the All Saints RegionalSchool Board in Glen Cove.

Condolences….The members of the SCBA were sad-

dened to learn of the recent passing oflabor law attorney Michael C. Axelrodwho carried on his work despite battlinglung cancer for the past two years.Axelrod, a partner with Certilman Balin,primarily represented unions for thou-sands of firefighters and police officersthroughout the metropolitan area.

The SCBA expresses sympathy tomember Terri P. Minott upon the recentpassing 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 andhis family on the passing of his belovedwife, Jane.

New Members…The Suffolk County Bar Association

extends a warm welcome to its newestmembers: Lisa Albert, Lisa Bisagni,Jacqueline Caputo, Richard F.Jaworski, Ethan A. Kobre, Terrence T.Kossegi, Margaret M. Lunger, ThomasW. Raleigh, Marianne S. Rantala andGerard H. Toner.

The SCBA also welcomes its neweststudent members and wishes them successin their progress towards a career in thelaw: Timothy Patrick Manning andAngelo D. Urso, Jr.

SIDNEY SIBEN’S AMONG US

Jacqueline M. Siben


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_______________By Gail M. Blasie

This is an interview conducted with alocal attorney who has combated alco-holism and depression. Since anonymityis key to lawyers obtaining and seekinghelp, we will keep the attorney’s nameanonymous.

What kind of practice do you haveand how long have you been practicing?I am your typical small firm practitionerand have been practicing over 18 years.

We see over and over again how sub-stance abuse and depression are rampantin the legal profession. I don’t know iflawyers are any worse than anyone else.We all seem to have stressful lives, and inthe beginning alcohol and drugs take theedge off. Unfortunately, alcohol and drugaddictions are progressive illnesses and getworse over time. What was once complete-ly unacceptable behavior became statusquo. Our family and professional lives suf-fer tremendously, not to mention our health.

So what happened to you?The short story is that what start-ed out being a social lubricant andstress leveler became my master.The longer story is that I had notools or resources to deal with lifeor the stress of the profession. Ifelt I had to be perfect. I believedI could not confide in other col-leagues about various issues so Iwas very isolated. I felt like animposter. To the outside world, I acted con-fident and in control, when on the inside Iwas being eaten up alive with self-doubtand self-loathing. I was living a lie.

That sounds painful, and familiar.The hangovers got really, really bad. Myhands shook in the morning. I was irrita-ble all day long until I could have a “cock-tail.” I was pretty miserable. I ran intosome trouble with the GrievanceCommittee. I had a choice to either getsome help or face suspension. I was put intouch with another lawyer from the StateBar Lawyers Assistance Program. I didn’t

want to go to the Suffolk CountyBar Association LawyersHelping Lawyers Committeebecause I didn’t want anyone toknow about my problem. I cameto find out that many alreadyknew I had a problem, but theydidn’t say anything.

What did the LawyersAssistance Program do? They

were great. They really helped me assessand evaluate what my problem was. Ithought everyone else was my problem,and they kept me focused on my drinkingproblem. I was referred to a trained “peerassistant” who is really just another attor-ney who had faced his demons and volun-teered to help others through the fog. Hewas really a huge support for me.

Have you stayed sober ever since?Yes, I have. I am fortunate. I also went toAlcoholics Anonymous and therapy.Those two things really changed my lifeand helped me learn some tools to deal

with life on life’s terms, without drinking.

So why are you still anonymous? It keepsme humble. But I am always more than will-ing to share my experience with anyone.

There is hope! Contact the NYSBALawyers Assistance Program for free con-fidential help and support at (800) 255-0569, or the Suffolk County LawyersHelping Lawyers Committee through theSuffolk Bar Association.

Note: Gail M. Blasie is an outsource/free-lance attorney. She provides quality legalresearch and writing (including appeals) forlawyers all over Long Island, Brooklyn,Queens and New York City. She graduatedOrder of the Coif from the University ofCalifornia at Davis and has an office inMassapequa Park.

One Attorney’s Journey To Quality Of Life

Gail M. Blasie



______________________By Richard W. Morrison

Do these scenarios sound familiar?The judge wants the matrimonial docu-

ments submitted by next week. The per-sonal injury client is not happy with theproposed settlement and wants to take thematter to trial. The expert witness, hisdoctor, wants $3,500 just to talk to him and$2,000 a day to testify - in advance. Bythe way, you are on trial next week. Thereal estate broker called this morning witha new deal but needs the contracts outtoday. It’s the old excuse that there isanother deal outstanding and the first to getthe contracts out gets the deal; or the clientis going on vacation and needs themimmediately. The short sale that youworked so hard on is not acceptable to thebank – that’s after four months of hardwork. The secretary is sick and won’t bein for a few days.

Is all of this what I signed on for when Ibecame an attorney?

How about these?The kids’ college tuition is due

but I don’t have the money. Themonthlies are due and the with-holding is more than I make.Everyone gets paid more than Ido and sooner too. I feel like anATM machine where everyoneis pulling at me from differentdirections. Volleyball fees,sweet sixteen parties, collegeprep courses, college application costs,cars, insurance, repairs; “I need, I need, Ineed.” At one point I owned and kept fivecars on the road. I felt like a used car deal-ership. My father used to say, “A handfulof gimmee and a mouthful of I want.”

Talk about stress! The practice of lawhas become more difficult in the last 20years. Fax machines and e-mail havemade our lives faster and more complicat-ed. The living of life has become moredifficult and certainly way more expen-sive.

How do we cope? There is a variety of coping mechanisms

people use. We eat twice as much as wewant and three times more than we need.We certainly drink more than we shouldand have trouble enjoying ourselves with-out alcohol. “A bottle in front of me is bet-ter than a frontal lobotomy.” How aboutabusing prescription medication? There’sadultery followed shortly thereafter by

divorce. Note to self: Thesedon’t work very well. My bestfriend died of a heart attack threemonths ago at age 57. He leftthis world with lots and lots ofdebt, anxiety and worry.

I teach Aikido classes, ZenMeditation classes and Tai Chi atthe Suffolk Institute for EasternStudies in Smithtown. Rumorhas it that I am the incoming

director. The present Director is 80 yearsof age.

Anyone can participate in meditation.Anyone can do Tai Chi. Aikido is morephysically demanding although two of myteachers are above 80 years of age, butthey have been practicing for 50 plusyears.

I remember when I first started takingAikido classes. There was an old guy get-ting changed in the locker room. He wasin his late 80s. I remember saying tomyself, “how is this guy going to getthrough the class.” I was 35. It ends up henot only was taking the class, he wasteaching it. Half way through the class Iremember saying, “Lord, how am I goingto make it through the class?” Aikido ismore physically demanding and we shallsave it for another discussion. Instead let’stalk about meditation and Tai Chi.

The only place that life makes perfectsense is on the meditation cushion. As youquiet your mind and follow your breathing

everything starts to settle down. ThichNhat Hanh is a Tibetan Buddhist monk andhe tells a wonderful story of makinglemonade for his niece and four friends.He poured four cups and the remaining cupwas loaded with pulp. Needless to say hisniece was not interested. He suggestedthat she go play for fifteen minutes. Whenshe came back, all the pulp had settled tothe bottom. Our mind is like this. Whenwe sit for 10 or 15 minutes all the mishe-gas settles to the bottom. Hint: none of itis really important. In the great cosmicscheme of things, most things we worryabout either never happen or work them-selves out.

Zen or meditation practice allows us toaccept things as they are. When you aredone sitting you let out a breath and every-thing is ok. It may not be the way youwant it, but it’s ok. The Buddhists have awonderful saying: Everything is exactlythe way it is supposed to be; you may notagree with it but that’s ok. Meditationpractice helps you to live in the moment; toallow tomorrow’s worries to take care ofthemselves. This moment is precious andeverything is perfect in this moment.(Next moment - maybe not so good. Onlykidding.)

One could call Tai Chi the meditation inmovement. It certainly is that. Practiceddifferently, it is an extremely effectivemartial art where each of the movements is

Finding Balance

Richard W. Morrison





_____________________By Edward J. Nitkewicz

Like many people, I have spent the bet-ter part of my life fashioning a list ofplaces I wanted to go and things I wantedto do. Because I am a typical Americanmale, my list is mostly populated by sport-ing venues I want to visit and sportingevents I want to witness. My “BucketList” includes seeing a baseball game ineach of the Major League Baseball parks,seeing a football game in each of theNational Football League Stadiums, see-ing a hockey game in each of the NationalHockey League arenas and making a pil-grimage to the respective Halls of Fame ofeach of those sports leagues. (Because Icould only jump 3 inches off the ground,my love of basketball lasted approximate-

ly 14 seconds.)My passion for sports was instilled in

me by my beloved father when I was ayoung boy of seven. That year, I attendedmy first baseball games with him at Sheaand Yankee Stadiums. He took me to seeJoe Namath lead the New York Jets playagainst Archie Manning and the NewOrleans Saints. With him, I saw EddieFeigner, the famed leader of a four mansoftball troop, the King and his Court, playat Eisenhower Park. And I played my firstyear of Little League Baseball for a teamsponsored by Palermo Pizza of the SeafordLittle League.

I was, I am now fairly certain, a horriblebaseball player. I lacked the fundamentalskills or any appreciable talent in the sportI most loved; but how I enjoyed playing.Every practice was another chance tothrow, to hit, and to catch better. I thoughtabout every game as though the future ofthe free world depended upon my abilityto finally pull the talent from that welldeep within my New York Met clad soul.With every earth shattering heartbreak Iwas comforted by a most unlikely sports

Fixing The Hole In My Bucket

_______________ By Amy Chaitoff

We all have aches and pains aswe get older, but sometimes theseaches and pains can start to takeover our lives and can prevent usfrom living life to the fullest bykeeping us captives, robbing usfrom the joys of life and familyactivities. In the March programpresented by the "Healthy LifeSeries," the reality of pain and its healthyand holistic management will be addressed

in the presentation, "Reset YourLife: A Vitalistic Approach ToPain Management AndWellness.” It will be presentedby guest speaker Dr. Alan Sherr,the founder and director of theNorthport Wellness Center.

The "Reset Your Life: AVitalistic Approach To PainManagement And Wellness”program will be held on

Thursday, March 10, 2011, from 4 to 6

Learning to Manage Pain and Wellness

Amy Chaitoff


Ed and his son Edward

Ed's father (Continued on page 24)

About the Speaker: Alan Sherr, DCFounder, Director, Northport Wellness Center

Dr. Alan Sherr graduated from theNew York Chiropractic College in 1980and has been in private practice for thepast 30 years on Long Island. He isfounder and director of the NorthportWellness Center, a holistic health carepractice that takes a "vitalistic"approach to health care and encourageseach individual to take responsibility forhis or her own physical, mental, emo-tional and spiritual health. The missionof the Northport Wellness Center is to"direct people to the realization that lifeand healing come from within and that

ultimately, the promotion and mainte-nance of health is superior to the treat-ment of disease."

Dr. Sherr graduated from SUNY-Binghamton with a degree in biology andpsychology. He is a past board memberand regional director of the WholeHealth Institute and the New YorkChiropractic Council. He is a member ofthe International Chiropractic Assoc-iation and the New York ChiropracticCollege Alumni Association. In his prac-tice, he cares for healthy children andadults, as well as those with chronic ill-ness, musculoskeletal illness, and autism.

To learn more about Dr. Sherr and theNorthport Wellness Center, please con-tact the Northport Wellness Center at(631) 262-8505 or visit www.north-portwellnesscenter.com.

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_________________By Craig D. Robins

For New York consumers consideringbankruptcy, the biggest bankruptcy news infive years dropped like a bombshell onDecember 23 when then - Governor Pat-erson unexpectedly signed legislationgreatly increasing the state law exemptions.

Exemptions are those statutes that per-mit consumer debtors in bankruptcy tokeep and protect assets. The new law willbecome effective on January 22, 2011.

This will certainly cause an increase inthe number of consumer bankruptcy caseswe will see next year as more financially

burdened consumers will beable to eliminate their debtswhile keeping and protectingall of their assets.

Homestead exemptionincreases to $150,000 perperson for those on LI

The old homestead exemp-tion statute, which went intoeffect in 2005, increased theamount of equity each debtor could pro-tect in their home from $10,000 to$50,000. For Long Islanders, and those inthe five boroughs, the new homestead

exemption for 2011 triples thatamount to an incredible $150,-000. Since a husband and wifecan pool their homestead exemp-tion that means that a marriedcouple will be able to protect awhopping $300,000 worth ofequity in their home.

This will enable almost anytypical Long Island middle classfamily to file a Chapter 7 bank-

ruptcy and eliminate their credit carddebts while fully protecting their home.Of course, consumers must still pass themeans test; the new exemption law has noimpact on that.

The new law also means that manyindividuals who previously filed forChapter 13 relief because they had toomuch equity in their homes, and are cur-rently part-way through their Chapter 13plan, will likely be able to convert theircases to Chapter 7 and not have to makeany further payments. In order to do so,they would also need to demonstrate thattheir new budget has no disposableincome, despite previously filing a budgetthat had enough funds left over to enable

them to make their monthly Chapter 13plan payment.

Incidentally, the amount of the newhomestead exemption will be based onwhat county the debtor’s home is in. Formost downstate counties the homesteadexemption will be $150,000 per person;for upstate counties, it will be $75,000 perperson.

Previously, most states had more gener-ous homestead exemptions than NewYork; now it will have one of the best.

Amounts for almost all other exemptions categories increased and new categories added

The new bill also increases the exemp-tions for a great deal of other assets likecars, and adds some new categories likehome computers and vehicles for thehandicapped.

The exemption for cars is beingincreased from $2,400 to $4,000.Vehicles equipped for the handicappedwill be exempt for up to $10,000.

A new exemption enables homeownerswho claim the homestead exemption to

Craig D. Robins


The Lawyer Assistance Foundation acknowledges with Thanks the following donations:

In Memory of Arline Besunder, Scott & Joleen KarsonJohn & Toni Buonora

Barry L. WarrenJane & Joe LaCova

Joel SikowitzGustave Fishel, III

Lynne Adair Kramer - High School Scholarship Fund

In Memory of Gertrude BesunderJane & Joe LaCova

Scott & Joleen KarsonJoshua M. PruzanskyLynne Adair Kramer

In Memory of Jane AdesBarry L. Warren

Jane & Joe LaCova

Lawyer Assistance Foundation obtains grantBreaking 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 andfor the entire next fiscal year. The grant will enable the Lawyers Helping LawyersCommittee (LHL) to continue its mission in supplying services to attorneys, judges andlaw students who contact the committee seeking help for alcohol, drug and mentalhealth problems. The LHL committee encourages and develops education and outreachprograms to facilitate the identification and rehabilitation of attorneys, judges and lawstudents suffering from these problems. Additionally, when appropriate, members ofthe LHL committee provide assistance, along with the NYSBA LAC, in the monitor-ing, supervision and rehabilitation of attorneys with such conditions.

Gov. Paterson Unexpectedly Increases Bankruptcy ExemptionsBiggest bankruptcy news in years is a boon to debtors

CONSUMER BANKRUPTCY


______________By Linda Novick

The Suffolk County Court’s ProBono Action Committee, the SuffolkCounty Bar Association’s Pro BonoFoundation and various other entitieshave successfully implemented severalprogressive countywide pro bono pro-grams. Designed to benefit our local probono population, our programs addressneeds in areas of matrimonial, guardian-ship, foreclosure and veteran’s matters.

Many recently, admitted attorneyshave been drawn to the innovative agen-das incorporated into our pro bono pro-grams. They are taking advantage of theopportunity to receive cost free, hands-on legal training. Of particular interest tomany of our ambitious attorneys, whoseek to build a legal career in FamilyLaw and/or Elder Law, is participation inthe newly designed Suffolk County ProBono Matrimonial and Article 81Guardianship Programs. These programs

offer new lawyers an ideal way to transi-tion from the study of law to its practice.

The Suffolk County Pro BonoMatrimonial and GuardianshipPrograms incorporate one-on-one men-toring services to provide new counsel(mentees) with knowledge and training,which would not ordinarily be availableto them. Experienced attorneys (men-tors) and mentees work together toaddress questions and concerns whichmay be raised throughout the represen-tation. These include questions raisedprior to the new attorney consultingwith his client, and prior to engaging inactive negotiations with opposing coun-sel and/or appearing before a judge.Ideally, both parties establish mutuallyconvenient and time-efficient methodsto communicate with each other. Thiswill insure that the mentee’s questionsare raised and answered without inter-fering in the mentor’s busy schedule.

Wanted !Matrimonial And Article 81 Guardianship Mentors


35 years of experience in Deportation/Removal casesOffices in Huntington Station and Central Islip

631-232-9555 • www.davidsperlinglaw.com • [email protected]

Law Offices of David M. SperlingAdvisory Opinions Detention Cases Federal AppealsDavid Sperling • Viviana Medina • H. Raymond Fasano (of Counsel)

ATTENTION: DEFENSE ATTORNEYSSupreme Court now requires that defendants be advised

of immigration consequences of their plea.Padilla V. Kentucky, 559 U.S. — 2010

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________________By Sarah Valente

Society has granted a certain level ofprestige and economic status to membersof the legal profession. If, for example,during conversation, an individual disclos-es that he/she is an attorney and his/herspouse a doctor, the audience will typical-ly perceive that the couple is economicallywell off.

As news of unemployment inundates theairwaves it appears that more and morepeople want to attain the economic statusand prestige that society has deemed char-acteristic of the legal profession. This isevidenced by the continual increase in lawschool enrollment. In 2008, 49,414 stu-dents nationwide enrolled as first year lawstudents, up 12 percent from 43,518 stu-dents in 20001. Unfortunately, the legalprofession is not as recession-proof associety has held it to be, and as more stu-dents invest in law degrees and less jobsare available, lawyers too are being includ-

ed in unemployment statistics.Over the past few years The

New York Times as well as U.S.News & World Report has dedi-cated several publications toaddressing the detrimental effectof law school’s reports of mis-leading post-graduation em-ployment statistics and gradeinflation in order to improveschool rankings and attract pros-pective students2. This information hasraised the concerns of current students andgraduates who have already taken on theoverwhelming debts associated withattaining law degrees. With law schoolenrollment and tuitions rapidly increasingand job openings being significantly dis-proportionate to unemployment rates, amajor concern in the minds of current lawschool students and graduates over the pastfew years is whether these misleadingpost-graduation employment statistics andinflated grades reported by schools haveprovided them with false expectations ofpotential earning capacity.

Although seasoned power attorneys inbig cities may bring in millions annually,the reality is that the median annualincome for all salaried attorneys nationallyis significantly lower, reported by theBureau of Labor Statistics to have been$110,590 in 2008, while the median annu-al salary for law school graduates withinnine months of graduation was $68,5003

(for those who were actually successful insecuring jobs in the legal profession).Some students may say, “Hey, $68,500 ismore than I am making now; it is a startingpoint,” but they must keep in mind thatthey are faced with keen competition from

thousands of other lawyers. While the US Bureau of Labor

Statistics predicts a 13 percentemployment growth in the legalprofession between 2008-2018, italso reports that “competition forjob openings should continue tobe keen because of the large num-ber of students graduating fromlaw school each year,” and that“graduates with superior academ-

ic records from highly regarded lawschools will have the best job opportuni-ties,” while others “may have to acceptpositions outside of their field of interestor for which they feel overqualified,” orturn to “temporary staffing firms thatplace attorneys in short-term jobs.4” Somuch for the thought that investing in alaw degree would ensure economic suc-cess; apparently a law degree does notincrease the holder’s chances of findingemployment – it is up to the individual tomarket him/herself.

What do we do now that we haveinvested so much time, money, and dedi-cation under the belief that this lawdegree would help make all our dreamscome true? We cannot just quit and startover. It seems to go back to the same oldsaying, “it’s not what you know, but whoyou know.” Networking is the key. Asprospective lawyers we must do our bestto be involved in as much as possible(while maintaining sanity of course), suchas law societies, bar associations, not-for-profit organizations, clinics, clerkships,intern/externships, fellowships, etc.

Those of us who will not have a lawdegree with the Yale or Harvard brandingmust work exceptionally hard to set ourresumes apart from others by exhibitingexperience and involvement. With a con-stantly increasing total of 1,180,386active lawyers5 nationwide (2009 nation-al totals reported by ABA), networking,innovation and self-marketing are vitalfor success.

Note: Sarah Valente is a third year parttime evening student at Touro Law Centerwith an undergraduate degree in elemen-tary education from St. John’s Universi-ty. She is currently the secretary of theEnvironmental Law Society and hopes topursue a career in education law.

1 American Bar Association, Legal EducationStatistics, “Enrollment and Degrees Awarded,” 3Jan. 2011 <http://www.abanet.org/legaled/statis-tics/charts/stats%20-%201.pdf>.

2 “Is Law School a Losing Game?,” New YorkTimes, 8 January 2011, BU1, on the Internet athttp://www.nytimes.com/2011/01/09/busi-ness/09law.html (visited January 08, 2011).

3Bureau of Labor Statistics, U.S. Department ofLabor, Occupational Outlook Handbook, 2010-11 Edition, Lawyers, on the Internet athttp://www.bls.gov/oco/ocos053.htm (visitedJanuary 09, 2011).

4 Bureau of Labor Statistics, U.S. Department ofLabor, Occupational Outlook Handbook, 2010-11 Edition, Lawyers, on the Internet athttp://www.bls.gov/oco/ocos053.htm (visitedJanuary 09, 2011).

5 American Bar Association, ABA Market ResearchDepartment, “National Lawyer Population byState,” 3 Jan. 2011 <http://new.abanet.org/mar-ketresearch/PublicDocuments/2009_NATL_LAWYER_by_State.pdf>.


Standing Out Is KeyFUTURE LAWYERS FORUM

Sarah Valente

As prospective lawyers we must do our best to beinvolved in as much as possible... such as law societies, bar associations,not-for-profit organizations,clinics, clerkships, intern /externships, fellowships, etc.

“

”

THANK YOU FORECLOSURESETTLEMENT PROJECT

The Suffolk County Bar Pro Bono Foreclosure Settlement Conference rec-ognizes Ray Lang, John Gannon, Barry Lites and Eric Sackstein who’ve hadthree or more court appearances for the month of December 2010. When yousee your colleague volunteer attorney in court or at the Bar Center please saya special thank you to any one of them who have stepped up to the plate tohelp the hundreds of citizens of Suffolk County who are struggling in thistime of crisis. A special thank you to Barry Smolowitz, Project Coordinatorwho is also acting as interim Administrator of this Project while we search fora replacement. Barry works tirelessly to keep the project well oiled and run-ning smoothly. Special recognition goes to third year law student George SanVincent for his continued dedication and commitment to the Project. Thankyou also to the SCBA staff who are filling in the gaps caused by the vacancyin the Administrator’s position.

The Suffolk County Bar Pro Bono Foreclosure Settlement ConferenceProject acknowledges with gratitude the following attorneys who have beenrepresenting the people of Suffolk County that have been impacted by theforeclosure 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

Appellate Division-Second Department______________________By Ilene Sherwyn Cooper

Attorneys Suspended

Jacob C. Armon: By letter dated June4, 2010, the Grievance Committee submit-ted to the court three original certificates ofdisposition which indicated that the res-pondent was convicted of one count ofattempted identity theft in the third degree,a class B misdemeanor, in satisfaction ofthree felony charges. The respondent pledguilty and was sentenced to inter alia, aone year conditional discharge, and mone-tary assessments. The Grievance Com-mittee submitted that the subject convic-tion of attempted identity theft may quali-fy as a serious crime within the meaning of

the Judiciary Law. The respon-dent did not move to vacate anyinterim suspension. Accord-ingly, the res-pondent was sus-pended from the practice of lawas a result of his conviction of aserious crime pending furtherorder of the court, and theGrievance Com-mittee wasauthorized to institute a discipli-nary proceeding against him.

Edmund T. McDowell: Motion by theGrievance Committee for an order, interalia, suspending the respondent from thepractice of law upon a finding of profes-sional misconduct. The court found,prima facie, that the respondent wasguilty of professional misconduct imme-

diately threatening the publicinterest in view of his failure tocooperate with an investigation ofthe Grievance Committee intoallegations, inter alia, regardingfunds entrusted to his charge.Accordingly, the respondent wassuspended from the practice oflaw pending further order of thecourt, and the Grievance Com-mittee was authorized to institute

a disciplinary proceeding against him.

Attorneys Disbarred:

Craig Steven Heller: On June 4,2010, the respondent entered a plea ofguilty to one count of grand larceny in thesecond degree, a class C felony. On

August 8, 2008, the respondent was sen-tenced to a determinate term of imprison-ment of 30 days, five years probation, andto pay restitution, and a DNA fee.Accordingly, by virtue of his felony con-victions, the respondent ceased to be anattorney and was automatically disbarredfrom the practice of law in the State ofNew York.

Note: Ilene S. Cooper is a partner withthe law firm of Farrell Fritz, P.C. whereshe concentrates in the field of trusts andestates. In addition, she is immediate pastpresident of the Suffolk County BarAssociation and a member of theAdvisory Committee of the SuffolkAcademy of Law.

_________________By Andrew M. Lieb

Now that 2011 is here it is important tobe aware of changes in the law in order toproperly represent our clients. This is not alist about the best events from 2010, but,instead, a list that highlights the new legallandscape that you face as real estate prac-titioners. Being familiar with these lawsand regulations may help you to betteraddress your client’s matters, save yourlicense and make you money.

Bankruptcy ExemptionThe Homestead Exemption, which

allows a bankrupt individual to preservetheir home equity while filing forBankruptcy, has increased from $50,000for an individual and $100,000 for a mar-ried couple to $150,000 for an individualand $300,000 for a married couplethroughout Long Island. Be mindful thatoutside of Long Island different exemptionamounts apply by County.

Real Estate Agency DisclosureReal Estate Agents are now required to

provide additional informed consent totheir customers concerning the nature oftheir representation, particularly in thedual agency scenario. The new law pro-vides for advanced consent with continualreminders to customers. It also extends thedisclosure requirements to Condominiums

and Cooperative Apartments,which were previously exempt.

Foreclosure RequirementsDefendant’s Attorney’s Fees

– The Access to Justice inLending Act now providesdefendants with a right to makea claim for attorney’s fees in aforeclosure action if they aresuccessful in defending theforeclosure, but this right only exists if thelender could have recouped attorney’s feespursuant to the mortgage agreement if thelender was successful; almost always thecase.

Plaintiff’s Affirmation Requirement –Combating the prevalence of robo-signersand shabby documentation, New Yorkbecame the first state to require lenders tovouch for the accuracy of their mortgagedocuments prior to a foreclosure sale. Infact, the assurance must come from thelender’s attorney who will be very carefulto perform the requisite investigation inorder to protect their license.

Distressed Property ConsultantAdvertisements

In addition to the many consumer pro-tection laws that already regulate thisindustry, now individuals acting as consul-tants for mortgage workouts (LoanModifications and Short Sales) must pro-

vide information about the avail-ability of free state-funded ser-vices and the number of the NewYork State Banking Departmentas part of a consumer disclosurestatement in their advertisements.Remember that a DistressedProperty Consultant is an individ-ual or business entity that under-takes employment to provide con-sulting services to a homeowner

for compensation with respect to a dis-tressed home loan or a potential loss of thehome for nonpayment of taxes. Real estatebrokers and salespersons are not exemptfrom this law, but attorneys practicing laware not so regulated.

Title Insurance TaxTitle related services, inclusive of all rel-

evant searches, which are not used in thecourse of preparing a title insurance poli-cy, are now subject to New York State andLocal Sales and Compensation Use Taxes.

Lead Paint Contractor CertificationRequirement

The Federal Environmental ProtectionAgency now requires contractors who per-form renovations involving lead paint tobe certified by the agency following exten-sive training and to employ certain workpractice standards similar to what is donewith respect to asbestos. Among otherrequirements, contractors are now requiredto construct containment zones, wear pro-tective clothing, and utilize HEPA vacu-ums.

Carbon Monoxide AlarmRequirement

New York now requires essentially allresidences, both new and existing, to havecarbon monoxide alarms installed as fol-lows:

Constructed before January 1, 2008 -must have one alarm installed on lowestlevel with a sleeping area.

Constructed after January 1, 2008 -must have an alarm installed on each levelwith a sleeping area or where a carbonmonoxide source is located.

New Power of Attorney FormIn real estate, this mainly affects a trans-

action where the buyer or seller is unavail-able. Now, many of the sloppy changesmade by the legislature just over a year agohave been corrected. Most importantly, a

Power of Attorney no longer automaticallyrevokes all prior Power of Attorneys.

Home Inspector Code of EthicsHome inspectors must now provide a

written contract to clients prior to perform-ing the home inspection. This contractmust clearly and fully describe the scopeof service to be provided and the costsassociated therewith. Additionally, thiscontract must include specific language,including:

Home inspectors are licensed by theNYS Department of State. HomeInspectors may only report on readilyaccessible and observed conditions …Home inspectors are not permitted to pro-vide engineering or architectural services.;and

If immediate threats to health or safetyare observed during the course of theinspection, the client hereby consents toallow the home inspector to disclose suchimmediate threats to health or safety to theproperty owner and/or occupants of theproperty.

Federal Estate / Gift Tax ExemptionIncrease

After continuous Congressional debate,the exemption is now set at $5,000,000 for2011 and 2012. While 2010 had an unlim-ited exemption, there was speculation that2011 could see anything from $1,000,000to $3,500,000. This new exemption meansthat families can easily transfer ten milliondollars through the generations by way ofa minor estate planning vessel called aCredit Shelter Trust.

This list only provides a small blurb oneach new law and regulation. There maybe further discussion on these topics goingforward as they get fleshed out in thecourts. So stay tuned.

Note: Andrew M. Lieb is the ManagingAttorney of Lieb at Law, P.C. in CenterMoriches and Manhasset with a practicefocus on residential and commercial realestate litigation. He is also the founder ofthe firm’s pro bono New York Statelicensed real estate school and is a CE andCLE Instructor. Mr. Lieb is a former fac-ulty member of the Suffolk Academy ofLaw and a Contributing Editor of bothHomes of the Hamptons and Homes ofEastern Long Island magazines. He can bereached at (631) 878 – 4455 or [email protected].

Top 10 Real Estate Laws of 2010REAL ESTATE

Andrew M. Lieb


COURT NOTES

Ilene S. Cooper

firms or as solo practitioners.Through attendance at committee meet-

ings or a CLE, participating in Academymeetings, serving on an SCBA Foundation,or attending a membership event or socialfunction, the opportunity to interact withlike-minded and similarly-situated profes-sionals is vital. In sharing our common cir-cumstances, recognizing and learning fromour differences, and connecting with oneanother, we each benefit personally andprofessionally, as does the Suffolk Countylegal community and all of the people whoare impacted by it.

So I ask you … are you using your SCBAmembership to its fullest? Which commit-

tee(s) do you belong to and do you attendregularly? Do you have an idea for a CLEand have you shared it at an Academy meet-ing? Have you attended any of the SCBAmembership events or social functions late-ly? Do you have any on your calendar toattend in the near future?

Although the SCBA may not be able tobe everything to every one of its members,it has something of value for each of itsmembers. As members, it is up to you todetermine what that something is for you.What are you waiting for?

Looking forward to seeing you soon –

Sheryl L. Randazzo.

What Do We All Have InCommon (Continued from page 1)

__________________By Leo K. Barnes Jr.

Rainmaking 101 strives for a steadyflow of new clients. Inasmuch as a lawfirm’s website is a mainstream marketingarm, it is hardly an atypical experiencewhen a new client is originated from theweb. As anxious as we all are for newclients, counsel must not lose sight of thefact that a client’s evaluation of whether anattorney is the right one for the potentialclient also provides an attorney the oppor-tunity to evaluate whether the potentialclient (and claim which the attorney isbeing recruited to champion) are the rightfit for the attorney. Counsel’s failure toperform that due diligence can have poten-tially devastating consequences.

In JP Morgan Chase Bank, N.A. v.Pinzler, 28 Misc.3d 1214(A), 2010 WL2943088, New York County Justice JoanMadden issued a decision which, subjectto the pursuit of a counterclaim, imposesliability upon an attorney when, as a victimof an internet scam, he deposited a coun-terfeit bank check into his escrow accountand wired the proceeds to a purportedclient.

According to the court’s decision, defen-dant, an attorney, maintained a client trustaccount with Chase for more than 10 years.Defendant relayed that in November 2007,he responded to an e-mail sent by an indi-vidual named Chang Liu, who representedthat he was the manager of AsiaLinkIndustrial Hong Kong, which company wasallegedly soliciting US-based attorneys tocollect outstanding debts from AsiaLink’scustomers located in North America. At

defendant’s request, Liu sent aninvoice to establish AsiaLink’sostensible debtor, an entitycalled “American Plumbing andHeating” based in Ohio. Thedocument showed that the debtorowed more than $300,000.Defendant then sent a retaineragreement to Liu dated Novem-ber 7, 2007 which Liu signedand faxed it back to Pinzler.

On December 5, 2007, defendantreceived a purported check issued byCitibank in the amount of $197,750payable to himself, which referencedAmerican Plumbing and Heating (ostensi-bly in partial satisfaction of the outstand-ing invoice). After receipt of this check,AsiaLink instructed Pinzler to deposit thecheck and wire AsiaLink the money to abank in Hong Kong, representing the par-tial debt paid by American Plumbing andHeating, minus defendant’s retainer.

That same date, defendant went to aChase bank to deposit the check into hisescrow account. According to defendant,as he was depositing the check, a tellerinformed him that since the check wasissued by Citibank, it could be clearedexpeditiously, and that he would haveaccess to the funds the next day.

On December 6, 2007, defendant wentto the same Chase branch and requested awire transfer of $147,710 to AsiaLink inHong Kong. Chase contended that onDecember 11, 2007, the check wasreturned from Citibank, with a notationthat it was counterfeit and would not behonored, and on that same date informed

the Defendant by telephone thatthe Citibank check was counter-feit, and that he would be heldresponsible for the amount wiredto AsiaLink. According to defen-dant, upon learning that the checkwas fraudulent, he immediatelysent a facsimile to Chase, statingthat he would not have caused thewire transfers had Chase not toldhim that he had “available funds.”

After the defendant refused to pay,Chase filed a complaint containing variouscauses of action including breach of con-tract, account stated, UCC § 3-414(1), andlikewise sought to recover its counsel fees.Chase argued that based upon the docu-ments signed by defendant when he

opened his account, coupled with the rele-vant provisions of the UniformCommercial Code (which was incorporat-ed by reference on the subject deposit tick-et), defendant was solely liable for anylosses on the account.

After moving for summary judgmentprior to the completion of discovery, thecourt ruled that issues of fact precludedChase’s summary judgment on the breachof contract and account stated causes ofaction, and then addressed the third causeof action wherein Chase argued that defen-dant was liable to Chase for the amount ofthe counterfeit check based on his breachof his indorser’s warranty.

UCC § 3-414 provides:

Counsel’s Liability for Disbursement of Counterfeit FundsCOMMERCIAL LITIGATION

Leo K. Barnes Jr.


What’s the best kept secret in the Suffolk County Bar Association? It’s theLawyer 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 tohelp lawyers in trouble. Trouble includes financial difficulty, illness, professionalturmoil, drug or alcohol addiction, depression or mental health issues.

LAF has helped numerous lawyers over the years. We raise funds every yearthrough our annual golf outing and we regularly receive donations from varioussources. We have also aided the Appellate Division by winding down practices ofill 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

______________By Amy Chaitoff

SCBA members will learnhow to create balance and orderin their offices and their livesthrough the fourth program pre-sented by the “Healthy LifeSeries” entitled “The Art ofFeng Shui: Sacred Homes andHealing Spaces” to be held onTuesday, February 8 from 4-6p.m. in the SCBA Board Room. Specialguest speaker Victoria ElizabethHouslanger M.A. will discuss the practiceof Feng Shui as the Ancient Art of creatingharmony in your environment throughplacement. Mrs. Houslanger will also dis-cuss the basic principles of Feng Shui

which encompasses physical formof land, lot, structure, room, thefunction of the space and the indi-vidual who resides there and howshe focuses on the “chi” or energyof the client and the space in orderto create the perfect sacred space.

After the discussion, there willbe an opportunity to relax andnetwork with Mrs. Houslangerand other like-minded SCBA col-

leagues over wine and cheese. But spaceis limited, so pre-registration is stronglyencouraged. The cost is $15.00 for pre-registrants (if received by February 4th)and $20.00 thereafter. You can registerby contacting Marion at (631) 234-5511x230.

Amy Chaitoff

About the Speaker:Victoria Elizabeth Houslanger M.A.Certified Feng Shui Consultant,Professional Organizer, Reiki Master

Mrs. Houslanger has studied the heal-ing arts for over 25 years. She began herstudies in Massage Therapy inCalifornia and continued her educationto include a Bachelor of Arts in HealthSciences and a Masters degree in HealthEducation & Administration. Ms.Houslanger is fluent in various forms ofmeditation including; Vipassana,Psychic Healing, Hatha Yoga, Angel

Prayers, Native American SweatLodges, Vision Quests, BuddhistChanting, Breathwork, and JewishSpirituality. She owned and operated ahealing massage practice, in the BayArea for many years. Mrs. Houslanger isa professor at Metropolitan Institute ofInterior Design and serves as a mentorfor students at The Sheffield School ofInterior Design in the Feng ShuiProgram. Victoria Elizabeth Houslangeris available for consultations in FengShui, meditation and Spiritual Growth.She teaches Feng Shui, Meditation andEnergetic Healing.

Creating Balance and Order,The Art of Feng Shui

The Best Kept Secret in the SCBAThe Lawyer Assistance Foundation


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, LLP1400 Old Country Road, Ste 102, Westbury, NY 11590

516-333-2006

[email protected] newyorkethicslawyer.com


SCBA Hosts Robing Ceremony

Photos by B

arry M. Sm

olowitz


SCBA Hosts Robing Ceremony

Photos by B

arry M. Sm

olowitz

Call today to discuss how our firmcan clear the hurdles for you!

Read our article, “The Personal Injury Attorney’s Survival Guide to the New Anti-Subrogation Law” in the NYSTLA publication, The Bill of Particulars.


___________________By David A. Mansfield

The Vehicle & Traffic Law has been thesubject of a great number of changes,which have profound impact upon thepractice of law. This is particularly true inthe area of driving while intoxicated underVehicle & Traffic §1192 and §1198 withmandates the installation of ignition inter-lock devices for all misdemeanor andfelony convictions. The implementationunder §1111-b Red Light Camera Noticesof Liability, however, have the potentialto have a wider impact upon the generalpublic as well as members of our associa-tion.

The Red Light Camera Program iscalled the Suffolk County Red LightSafety Program. There is some debate asto whether it is merely a revenue-raisingdevice rather than a safety measure.

Suffolk County has posted red lightcameras at a number of intersectionswhich take video and still images. The redlight safety camera, as it is called, is onlyactive when the traffic signal is red. Anyvehicles crossing a stop line or enteringthe crosswalk after the light turns red arerecorded on video and the camera willtake two still photographs approximatelya second apart. The images are date andtime stamped. The violation does notcarry any points but a fine of $50. Failureto respond is considered an admission ofliability and will result in the entry of a

default judgment with an addi-tional $25 penalty.

Red light cameras are yetanother reason to exercise carewith whom you entrust yourvehicle. Family members,friends and co-workers shouldbe advised that they would bepersonally responsible for anyfines incurred.

The Notice of Liability formcontains instructions where online pay-ment can be accepted, payment by phoneor payment by mail. The owner/registrantcan view the photographic images and thevideo online. (The notice advises the reg-istrant who does not have Internet accessthat they may view their video images atthe public library.)

The violations can be contested butthere is no plea-bargaining and the finecannot be reduced. One can plead notguilty and request an appearance beforeSuffolk County District Court. Therequest must be received by the due dateon the notice. You will then be notified ofthe date, time and location of the hearing.A legal defense that can be used is that thevehicle or license plates were stolen at thetime of the alleged incident. A certifiedcopy of the police report will be required.The court will review and advise of theirdecision.

The Suffolk County Notice of Liabilitymay be defective because it fails to

include a provision under §1111-b (10)(o) that it shall be a defenseto any prosecution of a violationof subdivision d of §1111(d) ofthis article pursuant to Local LawOrdinance adopted pursuant tothe section that such traffic con-trol devices were malfunctioningat the time of the alleged viola-tion. Presumably, the camerascan document whether or not the

traffic control devices were properly func-tioning but the notice does fail to advisethe registrant or the owner of the vehicleof the possibility of raising that defense.This is a clear violation of notice andopportunity to be heard which is essentialto basic due process.

Retired Nassau County District CourtJudge Samuel Levine has litigated thelegality of red light camera Notices ofLiability in Nassau County. Judge Levinelost a challenge in Nassau County DistrictCourt, County of Nassau vs. Levine, 2010,Slip Opinion 20305 where the red lightcamera Notice of Liability was found notto be an accusatory instrument, thereforeno relief for a dismissal in the interest ofjustice under Criminal Procedure Law§170.40 could be granted. Judge Levine’sNassau County Supreme Court challengeto the constitutionality and other aspectsof the red light camera legislation in aCPLR Article §78 lawsuit was unsuccess-ful in Levine v. Traffic and Parking

Agency For Nassau County, 2010 SlipOpinion 51702(U). The Court declined tofind the law required warning signs atintersections or the right to a sworn cer-tificate from the technician.

The court found that Crawford v.Washington, 541 U.S. 36 (2004) does notapply to §1111-b. Thus, the registrant isnot entitled to confront and cross-examinethe witnesses as this is a not a criminalcharge and would not appear on the dri-ving record as a conviction for a violationof the Vehicle and Traffic Law.

The Court of Appeals has upheld therevocation of a driver’s license or privi-lege after an administrative finding ofrefusal to submit to a chemical test underVehicle and Traffic Law §1194 solelybased upon the Report of Refusal, whenthe police officer fails to appear on arescheduled hearing date, without theopportunity to confront and cross-exam-ine the police officer. Gray v. Adducci, 73N.Y. 2d 741, 536 N.Y.S. 2d 40 (1988) Inlight of the precedent of Gray it is difficultto predict a successful challenge to theconstitutionality of Red Light CameraNotices of Liability.

A future article will discuss the applica-tion and implementation of the ignitioninterlock device aspect of Leandra’s Law.

Note: David Mansfield practices inIslandia and is a frequent contributor tothis publication.

Red Light Camera Notice of LiabilityDMV

______________________By Ilene Sherwyn Cooper

Certification of TranscriptIn Rosa v. City of New York, the defen-

dant moved for an order to reargue and/orrenew its motion summarily dismissing thecomplaint. The court had based its priordecision and order denying the relief, find-ing that absent proof that the unexecutedtranscripts of the defendant’s own witness-es had been sent to them for correction,they could not be used by the defendant insupport of its motion despite being certi-fied.

In denying the defendant’s application,the court found that the defendant did notrespond to plaintiff’s requests that its wit-nesses sign their transcripts. As such, the

court held that despite their cer-tification the transcripts couldnot be used affirmatively by thedefendant in support of itsmotion for summary judgment.The court noted that none of thecases cited by the defendantstood for the proposition thatcompliance with CPLR 3116(a)was unnecessary when the tran-script is certified or the factstherein are not challenged by the opposingparty.

Rosa v. City of New York, N.Y.L.J.,June 1, 2010, p. 18 (Sup. Ct. New YorkCounty)

Due Execution

In an uncontested probate pro-ceeding, the court admitted thewill to probate despite the factthat the signatures of the attestingwitnesses appeared after the testa-tor’s, on a self-proving affidavitaffixed to the instrument. Thecourt held that the appearance ofthe affidavit after the testator’ssignature and the dispositive pro-visions evidenced a desire by the

testator to have the affidavit be a part of hiswill. Moreover, although the addresses ofthe witnesses did not appear on the will orthe affidavit, the court concluded that wasnot fatal to compliance with the statutoryrequirements of due execution. Finally, thecourt determined that the lack of an attes-tation clause or the fact that the signaturesfollowed the signature of the testator’s didnot preclude probate.

In re Neville, N.Y.L.J., June 16, 2010,p. 28 (Sur. Ct. Nassau County).

Wrongful DeathBefore the court in In re Diba, was

whether it had authority to order a pro-posed division of one spousal share of awrongful death recovery to two women towhom the decedent was legally married atthe time of his death in accordance withthe laws of Senegal.

The record revealed that although thedecedent resided in the Bronx when hedied, he was a citizen and domiciliary ofSenegal. The decedent’s spouses and 11children were also domiciliaries ofSenegal, and continued to reside there atthe time of the proceeding.

The underlying action was commencedand venued in the Supreme Court, BronxCounty, where the court approved a com-promise and referred all issues relating tothe payment of liens, allocation and dis-tribution to the Surrogate’s Court. With

respect to the issue of distribution, thecourt referenced the provisions of EPTL§4-1.1(a)(1) and EPTL §5-1.2 (a)(2),which respectively refer to one class ofdistributees as including “a spouse,” anddisqualify a spouse where it is found thatthe marriage is bigamous. Nevertheless,the court noted that the law of Senegalpermits polygamy, and therefore does notprovide for a similar disqualification inthe case of a bigamous relationship. Thequestion thus became whether the laws ofSenegal should be recognized in order toallow division of the wrongful deathrecovery between the two spouses of thedecedent, or whether those laws were inconflict with or contrary to the public pol-icy of New York.

The court found that authorizing a divi-sion between the two spouses would notbe contrary to New York laws andstatutes which require an award and dis-tribution of only one spousal share. Thecourt concluded that although such sharewould be divided in two, that result wouldnot alter or be violative of the interests ofNew York in enforcing its distributionstatute. To this extent, the court alsonoted that the distribution sought wouldnot alter the interests of the decedent’schildren, as their shares of the recoverywere neither enlarged nor diminished as aresult of the division between the twospouses.

In re Diba, N.Y.L.J., July 27, 2010, p.27 (Sur. Ct. Bronx County).

Note: Ilene Sherwyn Cooper is a part-ner with the law firm of Farrell Fritz,P.C. where she concentrates in the fieldof trusts and estates. In addition, she isimmediate past-president of the SuffolkCounty Bar Association and a member ofthe Advisory Committee of the SuffolkAcademy of Law.

TRUSTS AND ESTATES

Ilene S. Cooper

A mentor’s role while rewarding, isuncomplicated. The mentor may imple-ment quick and easy methods to educatethe new recruit. This may include an invi-tation to “shadow” the mentor in court andprovide copies of pleadings, forms andmotions relevant to their assigned matter.Guiding the new attorney with some dili-gence, the mentor can heighten the newattorney’s level of confidence, creating thegroundwork for an improved quality ofpro bono services rendered.

Raising the standard of legal servicesoffered to our pro bono clients is the men-torship program’s mission. To facilitatethis goal, several significant incentives areoffered to our programs’ mentors, includ-ing cost free CLE credits, free malpractice

insurance coverage and, of course, thegratification of helping others. These ben-efits are earned by mentors for serving aseducators without being designated the probono attorney of record.

To obtain more information on how tobecome a participating mentor in either theSuffolk County Pro Bono MatrimonialMentorship Program and/or the Article 81Guardianship Program, the experiencedpractitioner should contact Linda Novick,Suffolk County Pro Bono Coordinator atthe Suffolk County Bar Association (631)234-5511 ext. 233 or by e-mail [email protected].

Note: Linda Novick is the SCBA ProBono Coordinator.

Wanted ! Matrimonial AndArticle 81 Guardianship Mentors(Continued from page 10)

Note: The opinions are those of thewriter and not of The Suffolk Lawyer or theSuffolk County Bar Association.

__________________By Justin A. Giordano

On the eve of what most pundits predictwill be an historical election (at least as itpertains to mid-term cycles), a ruling froma three judge panel of the 9th United StatesCircuit Court of Appeals is seen as note-worthy by many observers. Indeed, thedecision may have long term implicationsdepending on the decision that the 9th

United States Circuit Court of Appealsrenders when it meets “en banc” as it isexpected to do in the not too distant future,partially in response to the ArizonaAttorney General’s Office, which hasalready announced its intention to petitionfor rehearing with a larger panel (i.e. enbanc) of the Circuit Court. The case atissue in the broader sense is the NationalVoter Registration Act of 1993 and itsinterpretation, and given the law’s nationalimplication it’s highly likely that the casewill end up being heard by the SupremeCourt of the United States.

The case came about as a consequenceof the Arizona law, known as “Proposition200,” which was enacted in 2004 andrequires that voters prove that they areUnited States citizens in order to register tovote. In response the three-judge panel

struck down this provision ofthe Arizona law but upheld therequirement, also in the law,that voters show identificationwhen voting. The potential formisrepresentation arises in thatthere is no system in place toverify whether the identificationshown is valid or fraudulent.

The decision was a split deci-sion, two to one, with JudgesSandra S. Ikuta and former U.S. SupremeCourt Justice Sandra Day O’Connor vot-ing to strike down the Arizona law whileJudge Alex Kozinski, who is also the chiefjudge for the 9th Circuit Court, firmly dis-sented. It should be noted that formerJustice O’Connor is not a regular memberof the 9th Circuit Court but was replacingthe judge who stepped down from adjudi-cating this case due to illness. In terms ofthe ruling’s immediate impact all partiesinvolved in the dispute agree that the deci-sion will not have any effect on theNovember 2, 2010 election given that theregistration deadline for voters has alreadypassed.

“Proposition 200”: Proponents andOpponents

Arizona’s “Proposition 200” was theresult of the citizen-initiative process, whichmade it to the ballot in the 2004 election andas a result was adopted by the Arizona vot-

ers. Ever since the law went intoeffect many organizations andgroups opposing the law have-untilthis ruling- failed to invalidate“Proposition 200” although theyhave made numerous attempts todo so via the court system.Principally their argument foropposing the law is based on theircontention that especially new citi-zens have been made to “jump

through hoops” to meet the law’s require-ments. In addition one of the groups chal-lenging the law, the Lawyers’ Committeefor Civil Rights under the Law has repeated-ly claimed that over the past four years theArizona law some 30,000 Arizonians hadbeen unable to provide proof of their citi-zenship depriving them of their right to vote.

Proponents and defenders of “Proposition200” disagree, underscoring that as a conse-quence of the proposition and federal lawArizonians have the option to register tovote in two ways, by filling the federal orstate registration form. With regard to thestate registration form, voters are required topresent or otherwise provide informationfrom a birth certificate, tribal identificationor naturalization certificate numbers, pass-port or driver’s license, while voters whochoose to register online are required to pro-vide driver’s license numbers and these arerun through the Motor Vehicle Department.Consequently Ms. Karen Osborne,Arizona’s Maricopa County Director ofElections, affirms that it takes merely five orsix seconds to verify the citizenship status ofan individual providing their naturalizationcertificate number since the electionsdepartment’s system is directly linked to theU.S. Department of Homeland Security.

“Proposition 200” and National VoterRegistration Act of 1993

One of the stated objectives of theNational Voter Registration Act of 1993was to increase voter registration in feder-al elections and as such the key relevantprovision in furtherance of this objective

mandates that applicants attest that theyare citizens in signing their federal regis-tration form. Failure to be truthful consti-tutes a perjury and subject to penalty underthe law. Arizona’s own registration formspecifically requests information such aspassport or license number and of coursevoters can utilize either the federal or stateform as previously indicated. However nomatter which form is chosen, Arizona’s“Proposition 200” requires proof of citi-zenship.

It would seem that “Proposition 200”does not violate or contradict in any man-ner the intent of the federal law; rather itsimply enhances it and perfects it, whichof course would run afoul of the “suprema-cy clause.” Nonetheless that is not how the9th Circuit three-judge panel through its 2to 1 decision herein described.

Resolving the Question Lastly, given that “Proposition 200”

came about through the citizens-initiativeprocess the old yet substantive argumentthat the citizens of each state should have astrong say in how their elections are runalso merits strong consideration.Simultaneously there’s no denying that inmatters of federal elections there shouldn’tbe any fundamental discrepancies betweenfederal and state law. The question forconsideration for the 9th U.S. CircuitCourt of Appeals will thus be whether astate that faces potentially serious viola-tions and/or attempted violations in itselectoral process has the right to enact leg-islation to protect itself against possiblefraudulent activity without violating thefundamental right of the individual to vote.The court(s) must be mindful that the voteis the lifeblood of our constitutional repre-sentative republic and therefore insuringthat the process is free of any real or evenperceived flaws is imperative.

Note: Justin A. Giordano is a Professorof Business & Law at SUNY Empire StateCollege and an attorney in Huntington.


______________ By Rhoda Selvin

Although Joshua P. Blumberg had beenin practice for only five years, he was oneof the attorneys featured when his firm,Blumberg, Cherkoss, FitzGibbons &Blumberg,LLP, were Pro Bono Attorneysof the Month in March 2006. Since thenhe has devoted more than135 hours toeight Pro Bono Project matrimonialcases, enough to be named Pro BonoAttorney of the Month for February 2011on his own.

“Under my general, unwritten policy,”he said, “I try to have one pro bono caseat any time.” He added that they have allbeen standard matrimonial cases, essen-tially concerned with “how two families

will survive in Long Island in two sepa-rate households.”

A 1997 graduate of the University ofMichigan, Mr. Blumberg earned his JurisDoctorate from Tulane University in2000. In the same year he was admitted tothe New York State Bar and joined hisfather’s law firm—which had been found-ed circa 1935 by his grandfather. He is amember of the Suffolk County BarAssociation and the New York State BarAssociation. Outside of his professionalaffiliations his memberships in thePeconic River Sportsman’s Club and theNational Parks Conservation Associationreflect his keen interest in the outdoor life.

An avid hiker and camper, he has donebackcountry camping in most of the

national parks in the United States andCanada. His last “extraordinarily enrich-ing” trip was in 2009. Then he, his wifeCelina (who is an epidemiologist with theNassau County Health Department), andanother couple spent six days in GlacierNational Park, Montana, hiking 52 miles.Now the couple are beginning to share thecamping part of their outdoor life withtheir three preschool boys. Last year theytook them to Yosemite National Park; thisJune they will take Maceo, 4 1/2, andtwins Noah and Ryder, 3, to Yellowstone.

The Pro Bono Project is delighted toname Joshua P. Blumberg Pro BonoAttorney of the Month for his commit-ment to representing Suffolk County’sindigent citizens.

Pro Bono Attorney of the Month: Joshua P. Blumberg

Holiday Giving a SuccessOn 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 Driveand we are all deeply grateful for the wonderful toys you all so generously donatedto Charlie Russo’s Holiday Magic. We truly have the best, caring and most gener-ous bar association members on the planet.

Insurance & Negligence -Defense CounselRobert E. Schleier, Jr., Chair

Guest speaker Claud Grammaticoaddressed current issues on insurance lawand notice to carriers, additional insuredsand variosu coverage issues facingdefense lawyers. Mr. Grammaticoprovided the group with the current statusof the law and was an excellent speaker.

There was a suggestion made that itwould be helpful if the associationrequired a certain amount of attendancefrom committee members (ex. membersmust attend at least 3 meetings a year).

Animal LawRobert J. Cava,and Peter D. Tamsen, Co-Chairs

CLE and public programming,including the Dog Day Event, HumaneEducation, law student outreach,legislation, and a review of sub-committee reports were discussed at themonthly meeting.

The membership was asked for newideas for the committee. Plans are beingmade for the committees premier event,the upcoming Dog Day Event. Thelocation, catering and date have beenfinalized.

Arizona’s Proposition 200: Proof of Citizenship at IssueThe 9th Circuit Court Of Appeals Strikes Down “Proposition 200”

AMERICAN PERSPECTIVES

COMMITTEE CORNER

Justin A. Giordano

News & Notes From SCBA Committees

Joshua P. Blumberg


A Day of Thanks and Acknowledgement (Continued from page 1)

wishes to his longtime friend and PrincipalLaw Clerk Bernard C. Cheng who waselected to the Family Court Bench. FamilyCourt Judges Bernard C. Cheng and CarenL. Loguercio were Principal Law Clerks toCounty Court Judge Hudson and SupremeCourt Justice Emily Pines respectively.

Judge Hinrichs read the sponsor speechfrom Judge Hudson who was to sponsorhis longtime friend and Law Clerk JudgeCheng, saying they first met almost 20years ago when they were both inducted inthe Sons of Italy. “That’s right,” JudgeHudson wrote, “Jim Hudson, whose quali-fication consisted of liking Italian Cuisineand Bernard Cheng, whose ancestor mighthave given Marco Polo a complimentaryroad map, are Italian Lodge Brothers -only in America.” Judge Hudson alsowrote that it was his good fortune to haveMr. Cheng as Law Clerk for eight yearsand he will be sorely missed.

Judge Cheng, graduated with honorsfrom Touro Law School, spent time in pri-vate practice, and worked in the CountyAttorney and Legal Aid Society’s FamilyCourt Bureau as well as the Legal AidSociety’s Law Guardian Bureau. JudgeHudson said that Judge Cheng was animmigrant, and the son of immigrantswho, over a half century ago, saw theirpossessions confiscated or destroyed andtheir lives imperiled by the evils of com-munism. The Chengs traveled to HongKong, then to Canada, never giving uptheir dream to come to the good old U S ofA, having to start their lives all over again.They worked hard, prospered, and todaythey got to see their son wear the robe of ajudge. It is indeed true, “only inAmerica!”

Justice Emily Pines sponsored her goodfriend and assistant, newly elected to theFamily Court Bench Caren L. Loguercio,saying they had met almost 20 years agowhen she was a newly admitted AssistantTown Attorney, and then ultimately whenshe selected Judge Loguercio as herPrincipal Law Clerk in 2006. Justice Pinesnot only memorialized Judge Loguercio’sprofessional accomplishments, but also

her commitment to her children Julia andMichael, and husband Michael. And shenoted Judge Loguercio’s active participa-tion in community activities. Justice Pinessaid it was with pride that she was spon-soring Judge Caren L. Loguercio, her dearfriend, to the Office of Family CourtJudge. Then President Randazzo present-ed Judges Cheng and Loguerco their firstset of judicial robes.

Because Judge Freundlich, theSupervising Judge of the Family Court,was not able to attend the ceremony,Presiding Justice Leis administered theOath of Office to newly elected FamilyCourt Judges Cheng and Loguercio.

Presiding Justice Leis then called uponJudge Behar who would be a “stand-in”sponsor for Queens County SupremeCourt Justice Janice A. Taylor who wasnot able to attend the ceremony and spon-sor her good friend District Court JudgeToni A. Bean upon her re-election toDistrict Court Bench. Judge Behar spokeof Judge Bean’s commitment to serve thecitizens of Suffolk County and her devo-tion to her adopted son Matthew.

Presiding Justice Leis then introducedSCBA member Glen Obedin who spon-sored his friend and former partner JudgeMartin I. Efman who had been re-electedto the District Court Bench for a second sixyear term.

Presiding Justice Leis introducedAppellate Division, Second JudicialDepartment Justice Reinaldo E. Riverawho brought with him the good wishes ofAppellate Presiding Justice A. GailPrudenti and the members of the AppellateBench. Judge Rivera said he was delight-ed to attend this wonderful ceremony andsponsor his dear friend of many years,newly elected District Court Judge PhilipGoglas. Justice Rivera said that JudgeGoglas brings to the bench a varied pubicservice experience as a New York CityTransit Police Officer, Assistant TownAttorney of Smithtown, private practice,Family Court Hearing Examiner, and amember of the Central Islip FireDepartment members of which were in the

audience to witness this memorable occa-sion. Justice Rivera said that Judge Goglasis also a volunteer for the Red Cross. Hiswife Mildred and son and daughter andmany family members from as far asPuerto Rico were in the audience to wishhim good luck on this new phase of publicservice.

President Randazzo then presented, onbehalf of the members of the SuffolkCounty Bar Association, Judges Goglasand Kay with their first black robes and toJudge Santorelli an engraved plaque as amemento of the occasion.

Next SCBA members Frank Tinari spon-sored newly elected John Andrew Kay andAnthony Pancella III sponsored JudgeJoseph A. Santorelli. They evoked tearsand laughter when they shared with thecrowd several personal and amusing stories.

Presiding Justice Leis then called to thepodium Supervising Judge of the DistrictCourt Madeleine A. Fitzgibbon whoadministered the Oath of Office to theDistrict Court Judges.

Even though they came from different

legal backgrounds when broken down totheir most common denominator, each ofthe 11 re-elected or newly elected judgesshared something very serious – a stronglove for the rule of law and for justice.

Location is key to the success of anevent. This year the SCBA was fortunateto experience this important occasion atTouro Law School. Dean Lawrence Rafulis to be thanked for his support and gen-erosity in allowing the SCBA to hold theceremony at the school. The SCBA wouldalso like to thank the court officers fortheir support and their participation in theceremony.

In closing, Presiding Justice Leis turnedthe microphone over to PresidentRandazzo who said that she could not letthe tragic events of the weekend go bywithout addressing the risks people in pub-lic service take every day they serve. TheSCBA sends its heartfelt sympathy out tothe innocent victims who lost their lives orwere injured in the assassination attempton Rep. Gabrielle Giffords at a publicevent in Arizona.

On the Move –Looking to Move

This month we feature two employmentopportunities and three members seekingemployment. If you have an interest in thepostings, please contact Tina at the SCBAby calling (631) 234-5511 ext. 222 andrefer to the reference number followingthe listing.

Firms OfferingEmployment

Contracts attorney position availableimmediately. Long Island based globalcorporation seeks a full time, permanentattorney with at least two years of experi-ence in drafting and developing new con-tract templates with intellectual propertyknowledge. Law #19.

Attorney with West Sayville office,looking to expand his practice, seekingnewly admitted or experienced attorney.Will look at all resumes of interested par-ties. Law #4

Members SeekingEmployment

Solo Practitioner, seeks to make achange. I am open to all forms of futureendeavors, including employment, ofcounsel relationship, partnership, associa-tion or merger. Over 30 years of experi-ence in criminal law, commercial transac-tional and litigated matters, personalinjury litigation, real-estate transactionsand litigation, landlord and tenant, somewills and estate planning, and Surrogate’sCourt work. Att. #35

Attorney with over 10 years experiencein medical malpractice (plaintiff) seekingfull time employment. Att. #26

Attorney fluent in Spanish seeking legaland/or executive position in a law firm orcorporation. Att. #12.

Keep on the alert for additionalcareer opportunity listings on theSCBA Website and each month in TheSuffolk Lawyer.

Sidney Siben’s Among Us(Continued from page 7)

and responsibilities at the initial con-ference and prior to the signing of awritten retainer agreement.

(f) Where applicable, a lawyer shallresolve fee disputes by arbitration atthe election of the client pursuant to afee arbitration program established bythe Chief Administrator of the Courtsand approved by the AdministrativeBoard of the Courts.

(g) A lawyer shall not divide a fee forlegal services with another lawyer whois not associated in the same law firmunless:

(1) the division is in proportion to the

services performed by each lawyer or,by a writing given to the client, eachlawyer assumes joint responsibility forthe representation;

(2) the client agrees to employment ofthe other lawyer after a full disclosurethat a division of fees will be made,including the share each lawyer willreceive, and the client’s agreement isconfirmed in writing; and(3) the totalfee is not excessive.

(h) Rule 1.5(g) does not prohibit pay-ment to a lawyer formerly associatedin a law firm pursuant to a separationor retirement agreement.

Professional Code of Conductadopted April 1, 2009 (Continued from page 6)

To Advertise

In The

Suffolk Lawyer

Call

(866) 867-9121


Bench Briefs (Continued from page 4)

while riding his bicycle across Route 112in Medford, was struck by a vehicle drivenby defendant Christopher M. Cambria, andowned by defendant Stephan Cambria, Jr.There was no insurance on the vehicle andFuentes filed a claim with the MVAIC.MVAIC provided an assignment form toFuentes to sign and return for $25,000.00for which Fuentes would assign to theMVAIC his claim against the Cambriadefendants arising out of the accident.Fuentes signed the assignment, returned itto the MVAIC but indicated that Fuentesintended to pursue his claim against thedefendants himself. In view of the provi-sions of Insurance Law §5213(b), theMCAIC, as a matter of law, is not permit-ted to pay any amount in settlement with-out the required assignment. In this case,while there was a signed assignment, plain-tiffs also indicated that they were, never-theless, going to proceed on their own withthis action against the defendants eventhough the right to do so was assigned tothe MVAIC. Accordingly the request toorder MVAIC to pay the settlement amountto Fuentes was denied.

Purported motion to amend complaintdenied; lack of either a proper notice ofmotion or an order to show caused wasfatal to the submission of the purportedmotion because it deprived the court ofjurisdiction to entertain it.

In Catherine O. Gordon v. Beth A.Rosenthal, Esq., Index No.: 22256/09,decided on May 20, 2010, the court deniedplaintiff’s “purported” motion to amend thecomplaint as not being proper in form, forfailing to comply with the requirements formaking a motion pursuant to the CPLR andfor failure to submit an affidavit of service.Plaintiff, who appeared without counsel,submitted a purported Notice of Motion

with supporting papers but failed to submitproof of service as required by Rule202.8(b) of the Uniform Rules of the NewYork Trial Courts. The purported Notice ofMotion was also defective in that it failedto specify the time and place the motionwas to be returnable. The court noted thatthe lack of either a proper notice of motionor an order to show caused was fatal to thesubmission of a purported motion, andindeed, deprived the court of jurisdiction toentertain it.

Motion to be relieved as counsel granted;attorney is permitted to withdraw where aclient refuses to pay reasonable legal fees

In New York Community Bank, asSuccessor in interest to Roosevelt SavingsBank v. Edward F. Campbell, Jr., Carol A.Campbell, E*trade, Advanced Dermatol-ogy, P.C., Suffolk County Dept. of SocialServices, People of the State of New York,New York State Department of Taxationand Finance, Edward P. Campbell, Lucy A.Campbell, “John Doe #1” and “Jane Doe#30,” inclusive, the last thirty names beingfictitious and unknown to plaintiff, the per-sons or parties intended being the tenants,occupants, persons, or corporations, if any,having or claiming an interest in or lienupon the premises described in the com-plaint, Index No.: 11291/07, decided onApril 28, 2010, the court granted defenseattorneys’ motion allowing the movants towithdraw as attorneys of record for defen-dants Edward F. Campbell, Jr., and CarolA. Campbell. The movants set forth thatthey undertook to represent defendants inthis action to set aside a conveyance of theproperty which was subject to a foreclosureaction as well as a disciplinary matter in theAppellate Division, First Department.Movant alleged that there was an outstand-ing balance of $65,942.98 owed for ser-

vices rendered, which defendants hadfailed and refused to pay. In granting themotion the court noted that it is well estab-lished that an attorney is permitted to with-draw where a client refuses to pay reason-able legal fees. Notwithstanding the finan-cial hardship alleged by defendants, anattorney is not required to finance the liti-gation or render gratuitous services.

Motion for change of venue denied;although plaintiffs used the word “loca-tion” rather than “residence,” summonsand complaint clearly indicated SuffolkCounty as residence of plaintiffs

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 denieddefendants motion pursuant to CPLR§§510(1) and 511 for a change of venue toNassau County. The action sounded inlegal malpractice, and plaintiffs basedvenue upon the “location of the parties.”There was no dispute that plaintiffs residedin Suffolk County (and defendants residedin Nassau County) and thus, were entitledto have venue placed in Suffolk County.However, defendants essentially asked thecourt to treat this as an action in whichvenue was improperly placed in SuffolkCounty because plaintiffs used the word“location” rather than “residence.” Indenying the motion, the court noted thatthe summons as well as the compliantclearly indicated that Suffolk residence ofplaintiffs and to burden the court with sucha motion where there was no good faithbasis for claiming that venue in SuffolkCounty was improper was disingenuous atthe least and possibly frivolous.

Motion to strike answer granted; selfexecuting order deemed absolute.

In Dawn Williamson and JosephWilliamson v. The Town of Huntington,Index No.: 21431/08, decided on October13, 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 dueto defendant’s failure to complete discov-ery; or pursuant to CPLR §3124, com-pelling defendant to produce all documen-tary discovery and to produce WilliamNaughton and M. Pearsall for a depositionon a date certain after defendant producesall documents as previously ordered.Plaintiffs’ submissions reflected thatdefendant failed to produce all documentsdemanded in plaintiffs’ notice for discov-ery and inspection dated September 18,2008, as agreed to by the defendant and asdirected to by this court in the preliminaryconference order dated October 21, 2008,and the “so-ordered” stipulation of the par-ties dated July 30, 2009, and the stipulationof the parties dated December 10, 2009and “so ordered” on December 22, 2009and entered on December 30, 2009. Thelatter order expressly provided that“[defendant’s] failure to comply with thisorder shall result in the striking of itsAnswer without further Court Order.” Thecourt found that the self executing orderwas deemed to become absolute, andplaintiff’s motion was granted and defen-dant’s answer was dismissed.

Please send future decisions to appear in“Decisions of Interest” column to ElaineM. Colavito at [email protected] is no guarantee that decisionsreceived will be published. Submissionsare limited to decisions from SuffolkCounty trial courts. To be considered forinclusion in the March 2011 issue, submis-sion must be received on or beforeFebruary 1, 2011. Submissions are accept-ed on a continual basis.

Note: Elaine M. Colavito is an Associateat Heidell Pittoni Murphy & Bach, LLPconcentrating in litigation defense. Shegraduated from Touro Law Center in 2007in the top 6% of her class. She can be con-tacted at (516) 408-1600.

really grounded in fear that I will fail.Managing my thoughts with positiveaffirmations is the key to not letting fearand negativity overwhelm me. Myfavorite simple affirmation is “I am com-pletely qualified and capable.” Beingfully prepared and doing my homeworkalso keeps the fear demons away.Sometimes this means calling anotherattorney with a particular expertise to putme in the right direction.

It is important to have a personal com-pass. Have a code of ethics by which youlive your life, and stick to those ethics. Ifyou find yourself deviating from thesecore values, take stock of what is goingon in your life. Reach out for help if nec-essary.

There is a reason why the substanceabuse and divorce rates are so highamongst attorneys. We have incrediblystressful jobs. As an attorney, there is lit-tle room for mistakes. We are expectedto know everything and to not make mis-takes. The reality is we do make mis-takes. And the more stressed we are, the

more mistakes we make. If I make a mis-take, I have to own up to it. Lying tocover up a mistake just creates moreproblems down the road.

As attorneys, we feel we should beable to control the outcome. If we lose,we feel it is our fault. If we were onlybetter attorneys and had more resources.The reality is that attorneys are not gods,and we have no control over the grandscheme of things. All we can do is ourvery best and let go of the outcome.

Try to manage the stress and stick toyour personal compass. Remember thatwe are not perfect and in reality, we havecontrol over very little.

Note: Gail M. Blasie is anoutsource/freelance attorney. She pro-vides quality legal research and writing(including appeals) for lawyers all overLong Island, Brooklyn, Queens and NewYork City. She graduated Order of theCoif from the University of California atDavis and has an office in MassapequaPark.

What is Quality of Life?(Continued from page 4)

Contract of Indorser; Order of Liability(1) Unless the indorsement otherwise

specifies (as by such words as “withoutrecourse”) every indorser engages thatupon dishonor and any necessary notice ofdishonor and protest he will pay the instru-ment according to its tenor at the time ofhis indorsement to the holder or to anysubsequent indorser who takes it up, eventhough the indorser who takes it up wasnot obligated to do so.

Justice Madden concluded that, pur-suant to UCC § 3-414, the defendant boreresponsibility for the distribution of thecounterfeit check proceeds. More specif-ically, the Court observed:

As the [Second Department] stated inWelbilt Construction Corp. v. Kornicki (26A.D.2d 661, 662 [2d Dept 1966] ),“[t]hough loosely said to be secondarilyliable, when sued upon his contract ofindorsement, an indorser is absolutelyliable thereon.” See also Bruce v. Martin,1993 U.S. Dist LEXIS 21382, *23 n 5(S.D. N.Y.1993), holding that “[t]he makerof the note bears primary liability, and theindorser of the note is secondarily liable.”

Defendant deposited a check for$197,750, which he endorsed. The depositticket stated that the deposit was subject tothe terms of the UCC. Moreover, defen-dant does not deny that Chase informedhim of the dishonor. Accordingly, pur-suant to UCC § 3-414(1), defendant isliable to pay for the check which heendorsed, even if the check was dishon-ored as being counterfeit.

Despite finding that the attorney wasresponsible for the dishonored deposit, thecourt agreed to hold summary judgment inabeyance pending the defendant’s pursuitof his counterclaim premised upon thebank’s alleged negligence in advising thatthe funds had cleared his account. Theconsequences for the attorney are pro-found, including the potential for personalliability for the $197,750 deposit; Chase’scounsel fees; the defendant’s counsel feesto defend the Chase claim and pursue thecounterclaim; and pre-judgment interest.

Note: Mr. Barnes, a member of BARNES

& BARNES, P.C. in Melville can be reachedat [email protected].

Counsel’s Liability forDisbursement of CounterfeitFunds (Continued from page 13)

also exempt up to $1,000 in cash.Previously, homeowners could notexempt cash if they claimed the home-stead exemption. This will enable home-owners to protect a larger amount of theirtax refund which is considered cash forexemption purposes.

Another new category permits con-sumers to protect up to $1,000 worth ofjewelry and art. The tools of trade exemp-tion, which permit debtors to protect thetools and implements of their profession,are being increased from $600 to a morerespectable $3,000.

There are also increased protections forcell phones, health aids, food, heatingequipment, religious books, etc.However, I have never seen a trustee pre-viously raise an issue with any of thesetypes of assets, nor do trustees seem tohave any interest in a used home comput-er.

New law permits debtors to choosebetween new state exemptions and federal exemptions

Perhaps the biggest change to the law,other than the increase to the homesteadexemption, is that debtors may nowchoose either the federal exemptions orthe New York State law exemptions.

When the current version of theBankruptcy Code was created severaldecades ago, it included certain federalexemptions as well as a provision that per-mitted each state to either adopt them or“opt out,” in which case the state canchose their own exemption scheme. Fromday one, the New York legislature choseto opt out and use its own exemptionstatutes which have primarily been con-tained in the C.P.L.R. and Debtor andCreditor Law.

New wildcard federal exemptionThe federal exemptions should provide

some tremendous protections for con-sumers who do not need the generousNew York state homestead exemption.This is because the federal exemptionscontain a miscellaneous “wildcard”exemption that permits consumers to pro-tect $12,000 worth of miscellaneousassets including cash and tax refunds.Since the wildcard exemption provides agreat deal of flexibility, consumers will

greatly benefit from now being able to usethis provision.

In addition, the federal exemptions havea $20,200 personal injury exemption,compared to New York’s much-smaller$7,500 P.I. exemption.

New York attorneys, trustees and bank-ruptcy judges, all of whom have no ideawhat the federal exemptions are about, asthey have never had to use them, will havean interesting and very exciting time dur-ing the several years as they race to comeup to date learning about them and apply-ing them. We will also begin to see someNew York bankruptcy court decisions forthe first time ever interpreting the use ofthe federal exemptions in this state.

Proposed legislation was submitted in Albany in past

For years, legislation was proposed inAlbany seeking to increase exemptionamounts. This legislation never received anypublicity because it was periodically struckdown and no one ever expected it to pass.

In years past when discussing the legis-lation with my colleagues, they expressedsurprise that there was pending legisla-tion.

Despite reaching various stages inAlbany each year for the past decade, suchlegislation has never found its way intolaw except once, when the homesteadexemption was increased in September2005.

The Governor’s signing of bankruptcylegislation unexpected

In July we seemed to get closer thanever before to seeing a change in NewYork’s woefully inadequate exemptionlaws. At that time, both houses of the NewYork State Legislature passed legislationto increase bankruptcy exemptions in NewYork State. However, the banking indus-try, which has an extremely large presencein New York, vigorously lobbiedGovernor Paterson to veto the bill.

Very few people thought there was anychance that Governor Paterson would signthe legislation into law. But the bankerscarry a great deal of power. They arguedthat many consumers owed taxes to NewYork State, and with the bill’s added pro-tections for debtors, both in and outside ofbankruptcy, New York State’s tax collec-

tions would suffer.New York City officials also opposed

the legislation, arguing that it wouldimpair the city’s ability to tow and auctioncars for outstanding parking violations.

For a period of time, the bankruptcylegislation, which was signed by bothhouses, just sat on the governor’s desk,and we all assumed it would die there.

Yet, Gov. Paterson, who was leavingoffice in one week, signed the bill duringhis last week in office — with no advancenotice and no fanfare of any kind, catch-ing bankruptcy practitioners by surprise.The only hint came a day before when hisstaff circulated a memo asking for inputon the pending bill.

Perhaps the governor, who apparentlydoes not see public service in his future,was upset at the damage wrought by thefinancial sector which drove the econo-my into a recession, and used this oppor-tunity to give something back to his con-stituents.

The governor announced his signing ofthe bill by sending out a press release theday he signed it. He stated that the bill“would provide a much-needed update tothe exemptions law in New York as manyprovisions of state’s exemptions law areantiquated or have not been amended

since the 1980’s. The purpose of suchexemptions is to permit debtors in bank-ruptcy to retain a modest amount of per-sonal property and equity in their homesso that they can continue to maintain theirlives, and to protect them from becominghomeless, unemployed, or otherwisedependent on the State.”

Not only will more consumers be able tofile for Chapter 7 bankruptcy, but many ofthose who seek Chapter 13 protectioninstead will end up paying substantiallyless through their monthly Chapter 13 plan.

Also, many existing Chapter 13 debtorsmay be able to convert there cases to oneunder Chapter 7 and eliminate all furthermonthly payments.

Note: Craig D. Robins, a regularcolumnist, is a Long Island bankruptcylawyer who has represented thousands ofconsumer and business clients during thepast twenty years. He has offices inCoram, Mastic, West Babylon, Patchogue,Commack, Woodbury and Valley Stream.(516) 496-0800. He can be reached [email protected]. Pleasevisit his Bankruptcy Website: www.Bank-ruptcyCanHelp.com and his BankruptcyBlog: www.LongIslandBankruptcyBlog.com.


p.m. in the Board Room. Guest speaker,Alan Sherr, DC, will be discussing a vital-istic approach to pain management andwellness which emphasizes the unique-ness of each individual and their power topartner in their own healthcare.

Dr. Sherr presents health as a dynamicprocess involving the body, mind andheart rather than merely an absence of dis-ease symptoms. This presentation willalso explore the difference between thereductionist and vitalistic approach tohealthcare and ultimately encourage indi-viduals to embrace wellness as a chosenway of life, engaging them in the entireprocess - body, mind and soul.

After the discussion, there will be anopportunity to relax and network with Dr.Sherr and other like-minded SCBA col-leagues over wine and cheese. But space is

limited, so pre-registration is stronglyencouraged. The cost is $15.00 for pre-registrants (if received by March 6th) and$20.00 thereafter. You can register bycontacting Marion at (631) 234-5511x230.

Note: Amy Chaitoff is the Healthy Lifeseries coordinator. She is a solo practi-tioner with a practice in Bayport. Herpractice focuses on representing individu-als, organizations, and businesses withanimal related legal issues. She is co-founder and immediate past co-chair ofthe Suffolk County Bar Association'sAnimal Law Committee and vice chair ofthe New York State Bar Association'sAnimal Law Committee. Ms. Chaitoffcan be reached at (631) 265-0155 oramy@chaitoff law.com.

Learning to Manage Pain and Wellness (Continued from page 9)

Gov. Paterson Unexpectedly Increases Bankruptcy Exemptions(Continued from page 10)

Finding Balance (Continued from page 8)

martial art techniques which could causetremendous damage. It has also beencalled moving Chi Kung. Tai Chi is likeany good game. You can play it on anylevel, and once you understand that level itgoes deeper, ad infinitum. At its deepestlevel, it is really Zen practice where theone becomes one with everything. Whatdid the Zen master say to the hot dog ven-dor? Make me one with everything.Essentially that is Tai Chi, Zen meditation,and Aikido; to join so completely witheverything so as to eliminate any differ-ence between you.

What good will it do you? You’ll be onthe receiving end of balance, health,peacefulness, a faith in something largerthan yourself, a spiritual practice, a way toinspire enjoyment of this life, and maybeall of the above, and maybe none. The

Zen master paid for his hotdog with a $20bill which the hotdog vendor kept. TheZen Master said what about change? Thehotdog vendor said, “Change comes fromwithin.” To get the benefit you have towork at it.

Note: Richard W. Morrison has had ageneral practice in Smithtown for 30years and is a partner at Grundfast &Morrison. Richard is a is a second-degreeblack belt in ShorinRyu (OkinawanKarate) and a third -degree black belt inAikido and has taught both for manyyears. Additionally, Richard is a Zenpractitioner and Tai Chi Student andTeacher. For further information onlearning what was mentioned in this arti-cle free of charge contact Mr. Morrison [email protected].

Got Legals?You Can Publish Your Legals

In The Long-Islander

Call 631-427-7000 for detailsAsk for Linda


time to do it.” For many of us it often feelslike we spend our days in the chaos of cri-sis—we have to be everywhere at once andwe can’t seem to finish any task.

Why does having a better quality oflife correlate with reducing stress andworry?

There are two reasons why prevailingover stress and worry is an important goalfor improving our quality of life. First, sci-entific and medical evidence clearly indi-cate that the natural chemicals producedinside our bodies due to ongoing, chronic,unmanaged, daily stress have a negativeimpact on our health. This kind of stress isreally “distress” and is characterized byaccompanying feelings of anxiety, angerand tension. When such stress is chronicand ongoing, it tends to destroy our abilityto stay healthy and work productively.Second, if we do make a balanced and con-sistent effort to integrate some simplestress-management techniques into ourbusy lifestyles we will feel healthier andenjoy our lives more. This all translatesinto better quality of life. To get there, itmay take some re-focusing techniques andingenuity 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 unman-aged stress is doing to your body’s biolog-ical systems. In a short-term emergencysituation such as the threat of an intruderentering your home, your body kicks intoautomatic “fight or flight” mode. Withoutany conscious effort on your part, it pro-duces hormones that are extremely helpful.Your brain perceives the threat andresponds by stimulating your endocrineglands to release the hormones, adrenalineand cortisol. Adrenaline is responsible forthe “up” feeling that keeps you alert; corti-sol helps your body keep going even if it’sinjured during the dangerous event. Thisstress response to a short-term emergencysituation is vital to your survival because itprovides a quick response. Your thoughtsabout the intruder trigger several internalbodily responses. Your breathing is faster,digestion slows down, heart rate and bloodpressure go up and perspiration increases.Then, when the danger has passed, yourbiological systems go back to normal.

However, what happens when yourstress response never shuts off? The samehormones that were so useful in mobilizingyour body against an immediate short-termthreat become dangerous when their levelsremain elevated. If daily ongoing negativeenvironments continually produce thestress response, then there is very littleopportunity for your body to return to itsnormal processes. Human beings were notbuilt to carry around constant disturbances.

Second, change your attitude. There areso many forms of difficult and unpleasantcircumstances that we cannot avoid: legaldeadlines, difficult clients and adversaries,computer problems, traffic jams, issuesrelated to our children or elderly parents,too many bills to pay, and tricky office pol-itics.

Here’s where we need to examine ourattitudes about these occurrences becausepsychological and physical stress are notseparate. For every thought and emotionwe experience, there is a correspondingbiochemical correlate. Thus, thoughts andemotions are both physiological and psy-chological. They are reflections of thesame phenomenon. When we experiencepsychological distress two things happen

concurrently: we feel negative emotionsand undergo internal bodily changes.2

We certainly cannot avoid these unpleas-ant circumstances, but if we change ourattitude, the unhappiness and anger thesecircumstances normally provoke can bereduced. Can you think of some difficult orunpleasant circumstances you have experi-enced in the last few months? How didyou react to them? Could it be that it isthese habitual reactions to the hardship,rather than the hardship itself, that disturbsour day-to-day peace of mind? If we arenot doing anything to change the things wecomplain about, that’s exactly what con-tributes to making our minds and bodiesunhealthy and depressed. If we reprogramour minds and change our attitudes, theproblems change. “Since it is impossible tofulfill all our desires or to stop unwantedthings happening to us, we need to find adifferent way of relating to frustrateddesires and unwanted occurrences.”3

Third, use some humor. The good newsis that the healing effects of optimism and asense of humor have also been documentedin scientific studies. Studies have shownthat the stronger a person’s sense of humoris, the more antibodies are produced andthe more resistant that person’s immunesystem is to the effects of stress. Heartylaughter leads to a decrease in the stresshormone epinephrine. The laughter boostsyour immune system by increasing yourbody’s level of T cells, a major componentin your body’s defense system. Humorappears to be a very positive factor in men-tal and physical health.4

Fourth, integrate some simple stressmanagement tools into your busy day.

You can easily incorporate a relaxationtechnique that involves mindful breathing.This technique works because it allows youto re-focus your mind on something pleas-ant—this rebalances your mind and yourbody. If there is no counter-balance to theendless demands of your hectic work livesand personal lives, you inevitably sufferimbalances in the body and the mind. Thegood news is that this is a proven techniquethat can be used to counter-balance theeffects of stress and worry. Try it. Whathave you got to lose except your headacheand tension?

Mindful Breathing helps you becomeaware of what you are doing in thismoment. First, to be mindful, we mustSTOP everything, sit still, and just breathe.Focus on the feeling of the inhale and theexhale. Just stop and quietly be there withourselves, putting all other thoughts out ofour minds. I know this sounds strange formany of us because we are always doingthings. We have lists of things we must doin our workday. Sometimes our lists havesub-lists and mini-lists. So we’re alwaysdoing and doing. And after we finish doingthe things we have to do during our day, wecontinue to do the things we have to do atnight—meetings, family obligations, etc.So there’s more doing. There may not betime to take a walk or go to the gym toblow off some steam. There may not beenough time to pull out a yoga mat and trya yoga class. But you can always squeezein time to do some mindful breathing.

Business executives at HBO, Nike,Forbes, Apple, and former US SupremeCourt Justice Sandra Day O’Connor haveused these techniques to improve theirquality of life. When their days are full ofurgencies, crises, arguments, financialdecisions, and time pressures, many attor-neys and business executives have usedthese techniques to counterbalance the

stress in their lives. In Manhattan, manyWall Street brokerage houses and publish-ing companies have fitness centers thatoffer exercise classes, yoga classes, andstress reduction classes for all employees.The bottom line for these companies isincreased work productivity because theemployers want their employees to haveincreased ability to focus at work!Employers have also discovered that theiremployees experience less depression, lessabsenteeism, and illness. That’s good forbusiness! Justice Sandra Day O’Connorused to faithfully take her yoga class everyTuesday morning, in the gym at the USSupreme Court building in WashingtonDC. Justin Morreale, Esq., partner inBingham McCutchen, one of Boston’s’largest corporate law firms, currentlyteaches yoga and insight meditation to hispartners and associates in order to let themknow they have other alternatives otherthan suffering or leaving the profession.

As author of this article I do not claim tohave perfected my quality of life but I dopersist in using some of the above men-tioned techniques and I have seen glimpsesof improved quality of life. In dissertationresearch, which was completed inNovember 2001, 40 lawyers (22 femalesand 18 males), who were members of theSuffolk County Bar Association, volun-teered to participate in a study I conductedto determine the effectiveness of an inter-vention program to reduce tension and anx-iety. Pre and Post intervention treatmentdata were collected on a standardized mea-sure of anxiety. Findings indicated thatirrespective of gender or age, after 30 daysof using the audio CD program, DynamicMind/Body Balancing, the lawyers’ levelsof anxiety were significantly reduced.Dynamic Mind/Body Balancing is a listen-ing experience that uses spoken word andinspiring music to help people take chargeof their lives and reprogram their ownminds. It induces relaxation in the bodyand clarity and focus in the mind throughsimple verbal instructions designed to inte-grate physical and mental relaxation. Ithelps listeners reprogram their minds andimprove the quality of their lives. Anyonewho would like to have this CD free ofcharge can send their request along withthe cost of shipping and handling ($6.00) toGeri Leon, Esq. P.O. Box 516 Huntington,NY 11743. Upon receipt of your requestand 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 youto reduce stress and worry and improveyour quality of life.

Note: Geri Leon is a former SuffolkCounty Assistant District Attorney, and for-mer Assistant Professor of Education Law atSt. Joseph’s College. She is presently aTrustee and Director of Beach Haven GroupLLC with offices in Garden City andBrooklyn. She also does consulting in crimi-nal law and education law. As a wife, moth-er of five children, a grandmother of ten, andan “in home” caregiver for an elderly par-ent, she is very familiar with the hugeamounts of stress that many of us endure atwork and in our personal lives. With aMaster’s Degree in Education, a JurisDoctorate in Law, and a Ph.D. in the Scienceof Energy Medicine, she combines educationand experience to suggest techniques thathelp 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 molecu-lar-cellular biologist, who has done pioneeringresearch, which proves that our thoughts, emotionsand daily stressors affect our health.

3 Geshe Kelsang Gyatso, How to Solve Our HumanProblems, p. 33, Tharpa Publications, Glen SpeyNY, (2007). This book explains how to shine anew light on the subject of your happiness and re-program your mind.

4 In Saratoga Springs, New York, there is actually anorganization called the HUMOR PROJECT, Inc.,which is dedicated to working with the positivepower of humor and creativity. Director, JoelGoodman, says that healthy humor can “make apositive difference in the lives of individuals andorganizations…to help you get more smileage outof your life and work.” Goodman has written andedited many books and articles about humor. Hesays to live life without a sense of humor is “sense-less.” Many corporations agree with him becausehe’s been hired as humor consultant at places likeFederal Express, Coca Cola, the NYC FireDepartment, IBM, HBO, General Electric, andmany other major corporations. He’s even donehumor consulting at some unexpected placesincluding the CIA, the FBI, and the IRS! GoldieHawn was the keynote speaker at the HumorConference in Saratoga Springs, New York, April16-18, 2005. Her keynote topic was “Laughter isthe Jest Medicine.” (For more information, aboutcurrent Humor workshops and programs go towww.HumorProject.com)

Quality of Life Questions And Answers For Attorneys (Continued from page 5)

Thank YouOne of the true joys of the Holiday

Season is to say thank you to the fol-lowing members for their generous con-tributions which made our HolidayCelebration such a memorable occa-sion. Thank you Ron and GlennHoffman for the beautiful wreath thatadorns the Bar Center Building; theyhave been sending us a holiday wreathfor the last 19 years since the establish-ment of the Bar Center. Thank you toour Second Vice President DennisChase and his lovely wife Sheri for the wine we all indulged in at the HolidayParty. We have been the recipients of Dennis and Sheri’s generous donations formany past holidays and we sincerely thank them for their continued support.Much thanks to Fireside Caterers for helping us make our holiday party anunqualified success. We could not have accomplished this extraordinary partywithout their creative energies and gourmet fare. Finally, thank you to Joy, Tina,Nicolette, Hugo and Joe for their marvelously creative talent in decorating theBar Center in time for the party. They contributed significantly to the success ofthe gala.


SUFFOLK ACADEMY OF LAW5 6 0 W H E E L E R R O A D , H A U P P A U G E , N Y 1 1 7 8 8 • ( 6 3 1 ) 2 3 4 - 5 5 8 8

The Suffolk Academy of Law, the educational arm of the Suffolk CountyBar Association, provides a comprehensive curriculum of continuing legaleducation courses. Listings include February and March updates, confer-ences, series, and seminars. Watch for additional program details orannouncements.

REAL TIME WEBCASTS: Many programs are available as both in-person seminars and as real-time webcasts. To determine if a pro-gram will be webcast, see the listings in this publication or checkthe SCBA website (www.scba.org – Internet CLE).

ACCREDITATION FOR MCLE:The Suffolk Academy of Law has been certified by the New York StateContinuing Legal Education Board as an accredited provider of continuinglegal education in the State of New York. Thus, Academy courses arepresumptively approved as meeting the OCA’s MCLE requirements.

NOTES: Program Locations: Most, but not all, programs are held at the SCBACenter; be sure to check listings for locations and times.

Tuition & Registration: Tuition prices listed in the registration form arefor discounted pre-registration. At-door registrations entail higherfees. You may pre-register for classes by returning the registrationcoupon with your payment.

Refunds: Refund requests must be received 48 hours in advance.

Non SCBA Member Attorneys: Tuition prices are discounted for SCBAmembers. If you attend a course at non-member rates and join theSuffolk County Bar Association within 30 days, you may apply the tuition

differential you paid to your SCBA membership dues.

Americans with Disabilities Act: If you plan to attend a program andneed 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 thispublicity information.

Tax-Deductible Support for CLE: Tuition does not fully support theAcademy’s educational program. As a 501©)(3) organization, theAcademy can accept your tax deductible donation. Please take amoment, when registering, to add a contribution to your tuition payment.

Financial Aid: For information on needs-based scholarships, paymentplans, or volunteer service in lieu of tuition, please call the Academy at631-233-5588.

INQUIRIES: 631-234-5588.

MID-WINTER CLE

UPDATESFAMILY COURT UPDATE

Wednesday, February 9, 2011 (Live & Webcast)Developed by: Hon. John Kelly; Hon. Isabel Buse; Hon. JohnRaimondi (Suffolk County Family Court)Time: 6:00 – 9:00 p.m. (Sign-in from 5:30 p.m.)Location: SCBA Center Refreshments: Light supperMCLE: 3 Hours (professional practice)[Non-Transitional and Transitional]

ELDER LAW UPDATEMonday, 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 SnacksMCLE: 3 Hours (2.5 professional practice; 0.5 ethics)[Non-Transitional and Transitional]

MATRIMONIAL LAW UPDATEMonday, March 7, 2011

Presenter: Stephen GassmanTime: 6:00– 9:00 p.m. (Sign-in from 5:30 p.m.)Location: SCBA Center Refreshments: Light supperMCLE: 3 Hours (professional practice)[Non-Transitional and Transitional]

CONFERENCESPresented by the SCBA Labor & Employment Law Committee

LAW IN THE WORKPLACEFriday, February 4, 2011

This full-day conference will explore timely legal issues affectingthe workplace, including wage and hour and technology. Theprogram, featuring an outstanding faculty, includes panel dis-cussions, key note addresses, breakout workshops, andupdates on public sector labor law and employment law. Theprogram is intended for lawyers, human resource directors,labor relations specialists, business executives, and municipalleaders and employees.Faculty: Sima Ali; Sharon Berlin, Andy Cepregi (DOARLitigation); David M Coen; Brian Conneely; John Crotty; EricaGaray; 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 WengerChairs:Sima Ali and Brian ConneelyTime: 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)[Non-Transitional and Transitional]

Transitional Training for New LawyersBRIDGE-THE-GAP “WEEKEND”

Friday, March 11, and Saturday, March 12, 2011This two day training program provides a full year’s worth ofcredits for newly admitted attorneys. All of the key bread-andbutter practice areas are covered by a skilled, accessible facultyof judges and practitioners. Enrollment in the full program is rec-ommended, but either day may be taken alone.

DAY ONE (FRIDAY) – EMPHASIS ONTRANSACTIONAL PRACTICE

Everyday Ethics Barry Warren, Harvey Besunder, BarrySmolowitzResidential Real EstateLita Smith-MInes

Foreclosure Basics Leif RubensteinBankruptcy Basics Richard SternEnvironmental Law Frederick EisenbudSmall Business Formation John CalcagniWills, Trusts & Estates Richard WeinblattElder Law George RoachPlus: Luncheon Address by Hon. H. Patrick Leis (SuffolkAdministrative Judge)Time: 8:00 a.m. – 4:45 p.m. (Sign-in from 7:45 a.m.)Location: SCBA Center Refreshments: Continental Breakfast & Lunch Buffet

DAY TWO (SATURDAY) – EMPHASISON LITIGATION

Introduction to the Courts Hon. Peter Mayor, Hon. JoanGenchi, Hon. James FlanaganHandling a Civil Case Wende Doniger, John Bracken, A. CraigPurcell, James FaganIntroduction to Federal Practice D. Daniel Engstrand, Jr.Uncontested Matrimonial Actions Arthur ShulmanNew York Notary Law Michael IserniaHandling a Criminal Case Stephen Kunken and William FerrisTime: 8:30 a.m. – 4:30 p.m. (Sign-in from 8:15 a.m.)Location: SCBA Center Refreshments: Continental Breakfast &Lunch BuffetPlanning Committee: Stephen Kunken and William Ferris(Chairs); Barry Smolowitz; Arthur Shulman; Wende Doniger;Diane FarrellMCLE: 8 credits each day, for a total of 16 Transitional Credits(7-professional practice; 6-skills; 3-ethics)

SERIESTRUSTS A TO Z

One lunchtime program each month through June (Live &Webcast)Past sessions are available as on-line video replays and mayalso be purchased as DVDs or audio CDs. Each Program:Time: 12:30–2:15 p.m. (Sign-in from noon.)Location: SCBA Center Refreshments: LunchMCLE: 2 Hours (professional practice)[Non-Transitional and Transitional]Series Coordinator: Ralph Randazzo (Randazzo & Randazzo, LLP – Huntington)

IRREVOCABLE LIFE INSURANCE TRUSTS.................Wednesday, February 2, 2011Presenter: Richard A. Weinblatt (Haley Weinblatt & Calcagni,LLP – Islandia)GRANTOR RETAINED ANNUITY TRUSTS (GRATS) ................Tuesday, March 1, 2011Presenter: Paul E. Dorr, Jr. (Bernstein Global Wealth Management)DYNASTY TRUSTS .................................Tuesday, April 5, 2011Presenter: Paul McGloin (Deutsche Bank Private Wealth Management)CHARITABLE TRUSTS.......................Wednesday, May 4, 2011Presenter: 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 MONDAYSThis annual series comprises three seminars, each focusing ona distinct topic. Each can be taken as an individual entity, withdiscounted tuition for registration in the full series.Each Program:Time: 6:00–9:00 p.m. (Sign-in from 5:30) Location: SCBA Center Refreshments: Light supper

MCLE: 3 Hours (professional practice)[Non-Transitional and Transitional]Planning Committee: Linda Kurtzberg, Esq.; Arthur Shulman,Esq; Dawn Hargraves

Session One DISCOVERY: CONSULT TO TRIALMonday, 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

Monday, March 21, 2011 (Live & Webcast)Faculty: Hon. Carol MacKenzie; Hon. Andrew Crecca; Hon.Jerry Garguilo; Diane Carroll; Margaret Schaefler; DawnHargraves

Session Three NEW NO FAULT LAW & APPLICATIONS TO DATE

Monday, March 28, 2011 (Live & Webcast)Faculty: Hon. Mark Cohen; Robert A. Cohen; Howard Leff;Arthur Shulman

SEMINARSSTATE OF THE ESTATE TAX

Monday, February 7, 2011 (Live & Webcast)Key issues for estates practitioners include highlights of the2010 act; the application of the law for 2010 estate andbasic/allocation issues; drafting and planning; related New YorkState tax issues.Faculty: David DePinto, Esq., and David R. Okrent, Esq. Coordinator: Eileen Coen Cacioppo, Esq. (Curriculum Co-Chair)Time: 6:00– 9:00 p.m. (Sign-in from 5:03 p.m.)Location: SCBA Center Refreshments: Light supperMCLE: 3 Hours (professional practice)[Non-Transitional and Transitional]

Lunch ‘n LearnCHAPTER 13 PLANS

Tuesday, February 15, 2011 (Live & Webcast)Respected Chapter 13 trustees explain Chapter 13, discussdo’s and don’ts, and provide tips for avoiding common errors.Faculty: Marianne DeRosa, Esq. (Chapter 13 Trustee) andMichael J. Macco, Esq. (Chapter 13 Trustee)Moderator: Richard L. Stern, Esq. (Macco & Stern // AcademyDean)Time: 12:30–2:30 p.m. (Sign-in from Noon)Location: SCBA Center Refreshments: LunchMCLE: 2 Hours (professional practice) [Non-Transitional andTransitional

Lunch ‘n Learn – Presented in Conjunction with theSCBA Education Law Committee

SCHOOLS & SECTION 504 OF THEREHABILITATION ACT

Wednesday, February 16, 2011 Prominent school law attorneys provide an update on the lawand discuss what schools must do to accommodate studentswith disabilities who are not classified as special educationpupils. Faculty: Neil Block, Esq., and Susan Gibson, Esq.(Partners–Ingerman Smith, LLP)Time: 12:30–2:10 p.m. (Sign-in from Noon) Location: SCBACenter Refreshments: LunchMCLE: 2 Hours (professional practice)[Non-Transitional and Transitional

O F T H E S U F F O L K C O U N T Y B A R A S S O C I A T I O N

N.B. - As per NYS CLE Board regulation, you must attend a CLE pro-gram or a specific section of a longer program in its entirety toreceive credit.


SUFFOLK ACADEMY OF LAWO F T H E S U F F O L K C O U N T Y B A 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 P A U G E , N Y 1 1 7 8 8 • ( 6 3 1 ) 2 3 4 - 5 5 8 8

Lunch ‘n LearnHANDLING DWI CASES

Thursday, February 17, 2011 (Live & Webcast)Experienced defense attorneys discuss Leandra’s Law; the rightto confrontation; and recent decisionsFaculty: Scott Lockwood, Esq.; John Powers, Esq.; IraRosenberg, Esq.Coordinator: Scott Lockwood (Academy Officer)Time: 12:30–2:10 p.m. (Sign-in from Noon)Location: SCBA Center Refreshments: LunchMCLE: 2 Hours (professional practice)[Non-Transitional and Transitional

REAL ESTATE ETHICSWednesday, March 2, 2011 (Live & Webcast)

Skilled faculty will address ethical considerations in real estatetransaction. Fact patters illustrating common dilemmas will ren-der the instruction accessible and practical.Presenters: Mitchell T. Borkowsky, Esq.(Deputy ChiefCounsel–NYS Grievance Committee for the 10th JudicialDistrict); Gerard McCreight, Esq.; Peter Tamsen, Esq.; LitaSmith-Mines, Esq.Coordinator: Gerard McCreight, Esq. (Academy Officer)Time: 6:00– 9:00 p.m. (Sign-in from 5:30 p.m.)Location: SCBA Center Refreshments: Light supperMCLE: 3 Hours (ethics) [Non-Transitional and Transitional]

East EndLANDLORD-TENANT TRIALS

Thursday, March 3, 2011 Experienced faculty discusses key issues in landlord-tenant dis-putes and illustrates important points with a mock trial Presenters: Hon. Stephen Ukeiley (Suffolk County DistrictCourt); Hon,. Andrea Schiavoni (Southampton Village Justice);Hannah Abrams, Esq. (Nassau-Suffolk Law ServicesCommittee); Brian Doyle, Esq. (Farrell Fritz); Marissa LuchaKindler, Esq. (Nassau-Suffolk Law Services Committee);Joseph Salvi, Esq. Coordinator: Hon. Stephen Ukeiley (Academy Officer)Time: 5:00– 8:00 p.m. (Sign-in from 5:30 p.m.)Location: Four Seasons Caterer–SouthamptonRefreshments: Light supperMCLE: 3 Hours (professional practice OR skills)[Non-Transitional and Transitional]

Lunch ‘n LearnNEW BANKRUPTCY EXEMPTIONSWednesday, March 9, 2011 (Live & Webcast)

This program will cover amended and new exemptions and howthey affect practitioners filing a bankruptcy case. Faculty: Richard L. Stern, Esq. (Macco & Stern // AcademyDean); Others TBATime: 12:30–2:30 p.m. (Sign-in from Noon)Location: SCBA Center Refreshments: LunchMCLE: 2 Hours (professional practice)[Non-Transitional and Transitional

VALUATION OF A PERSONAL INJURY CASE

Wednesday, March 16, 2011 (Live & Webcast)Experienced litigators will discuss case evaluation and tips forincreasing case value or improving potential defenses.Presentation will also cover intake, pre-trial discovery, and thejudicial standard of material deviation pursuant to CPLR Section5501.Presenters: Hon. James Flanagan (District Court); Hon. JerryGarguilo (Supreme Court); Matthew Hughes, Esq.; VincentMcNamara, Esq.Coordinator: Hon. James Flanagan (Academy Officer)Time: 6:00– 9:00 p.m. (Sign-in from 5:30 p.m.)Location: SCBA Center Refreshments: Light supperMCLE: 3 Hours (professional practice OR skills)[Non-Transitional and Transitional]

Re-scheduled:E-DISCOVERY

Wednesday, March 23, 2011 (Live & Webcast)This program responds to last summer’s ruling by Chief JudgeJonathan Lippman altering the Uniform Rules of Trial Courts.The new rules require that attorneys be “sufficiently versed inmatters relating to their clients’ technology systems to discusscompetently all issues relating to electronic discovery” at prelim-inary conferences. This program, taught by a knowledgeablefaculty, will teach you to build an EDD (electronic data discov-ery) process that is defendable in court incorporate EDD intoyour overall litigation strategy avoid possible sanctions resultingfrom lack of technological expertisePresenters: 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.; AllisonShields, Esq.Time: 6:00– 9:00 p.m. (Sign-in from 5:30 p.m.)Location: SCBA Center Refreshments: Light supperMCLE: 3 Hours (professional practice OR skills)[Non-Transitional and Transitional]

PERSUASIVE WRITINGThursday, March 31, 2011 (Live & Webcast)

Esteemed guest presenter will show practitioners at all experi-ence levels how persuasive writing can make a significant dif-ference in a court case. Topics include story telling; style;rhetoric; ethics; legal methods; and how to make every wordcount.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: SCBACenter Refreshments: Light supperMCLE: 3 Hours (skills) [Non-Transitional and Transitional]


Fixing The Hole In My Bucket (Continued from page 9)

A Bridge Over Troubled Water(Continued from page 28)

icon: my father.My father was the son of two divorced

first generation immigrants. My grandfa-ther moved to Pittsburgh after the divorceand thus my father was essentially raisedwithout dad. Even though he attendedhigh school in New York during the1950’s and the heyday of the Yankees ofthe Bronx, the Dodgers of Brooklyn andthe Giants of New York, my father was amember of the “greasers” later immortal-ized by Danny Zucco, Arthur Fonzerilliand James Dean. As I later learned afterreconnecting with some of his classmatesfrom the class of 1959, my dad was a softhearted and quiet spoken member of acrew that favored fast cars, leather jacketsand hair grease (or as we call that verysame product today “Dep”).

It was because of that personal backstory that I appreciated my father’s will-ingness to volunteer as an assistant coachof my first little league team. (This,despite working two full time jobs duringthe week and a third part time job on theweekends.) My appreciation was notbased on the significant time sacrificerarely understood by seven year olds.Instead, I understood even at that earlystage of my life, that my father was enter-ing the unfamiliar territory of the baseballdiamond to build an important bond thathe did not share with his own father.

Taking me to the Bar Harbor ShoppingCenter in Massapequa to wait in the rainalongside hundreds of other fans to securethe autographs of Gerry Grote, Duffy Dyerand Nolan Ryan of the Miracle Mets maynot have been his idea of a great time. But,he knew how monumental an evening itwas to me. Going to a car show was clear-ly of greater interest to him that sitting inthe outfield upper deck seats when the

Mets played Willie Mays and the SanFrancisco Giants on Sunday, June 13,1971 with me, my best friend John and mydad’s cousin Bud. But, he knew that it wasa day I would never forget. Taking me towatch the Jets practice at HofstraUniversity may have cost him a day ofwork. But, he knew it would heighten myever 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 onmy terms which were so unfamiliar to him.When my father died suddenly in 1995, Iwas devastated as I was just coming toappreciate the enormity of his special souland the bridge he built between us.

As I planned my own path to father-hood, I thought I knew things too. I justknew that my son was going to enjoysports. I was going to be his tour guide aswe traveled from sports venue to sportsvenue. I would provide him with the his-toric references that my dad was unable toconjure. I would expose him to the expan-sive history of baseball by buying him ayearbook or program from some other citywe would visit to watch a team belongingto some other community. Sharing my“Bucket List” with my son would be a giftI knew both of us would relish.

Two years after my beautiful son wasborn, my family learned the devastatingnews that Edward (who was named aftermy father) suffered from autism. He wasunable to readily make or maintain eyecontact. He was unable to socially connectto others or to the world around him. Hisinterests were limited to drawing imagesgleaned from favored television programs,riding his wagon or bicycle to parks wherehe could pick the branches of specific treesor swinging repeatedly and endlessly in a

backyard playground. For my first years of fatherhood, I griev-

ed. I came to understand the many lossesto be suffered by Edward, by his mother,and ultimately, by me. Sadness and angerwere significant and at times, overwhelm-ing. I sank into self pity and anger as I tal-lied all of the lost hopes and prayers. The“Bucket List” that I had egotistically decid-ed was to be mine and Edward’s would notbe. I continued to travel to games in citiesacross the country through the years since.Alone or with companions, I suffered aquiet sadness. I knew my son could attendbaseball games and perhaps even make itto the half way point of a game. However,he would not understand or appreciate thegame I loved so dearly. My “Bucket” had ahole in it and my dreams of traveling toWrigley Field, Fenway Park or DodgerStadium with my boy leaked from it.

A few months ago I was in Chicago on abusiness trip. I had the good fortune toattend a Chicago Black Hawks hockeygame and I decided to walk home from thearena. During the two mile walk home, ina moment of quiet clarity, a profound les-son from my beloved father dawned uponme. I realized that to build a strong bondwith my beautiful son, I needed to setaside my “Bucket List” and start dedicat-ing myself to crafting his “Bucket List.”Just like my father did almost forty yearsago, I needed to figure out what desiresand destinations were held deep within mybeautiful son’s heart. Because my son suf-fers from autism, learning what his dreams

are has never been easy. However, itcould not be any harder than it was for asoft hearted “greaser” to develop a love ofsports so much later in life.

Since my trip, I have focused on the joyof finding the perfect stick to pick, theecstasy of hearing the song “SummerBreeze” play in my car for five consecu-tive morning commutes, and the pure hap-piness found in pulling my beautiful (andnot “small”) son on a sleigh ride throughthe flat and (barely) snow covered roads ofMelville. I have contemplated the comingspring with a new found enthusiasm fordaily hellos to my neighbors’ goldfishpond and the coming summer with a deep-er “appreciation” (toleration?) for the icecold shower of a garden hose.

Should I ever feel frustrated by thetasks, I’ll simply think of Fonzie, DannyZucco or James Dean bringing a sevenyear old to a baseball game.

Note: Edward J. Nitkewicz is an attor-ney with Sanders, Sanders, Block, Woycik,Viener & Grossman where he is SeniorCounsel. He was formerly the managingpartner of Nitkewicz & McMahon inCommack. Mr. Nitkewicz concentrates hispractice in representing plaintiffs in per-sonal injury matters arising from generalnegligence, motor vehicle accidents, prod-uct defect and pharmaceutical drug ormedical device injury. In addition, he rep-resents children in all matters relating tospecial education, including CSE andCPSE program hearings.

of the day covers “Handling a CivilCase” (Mr. Bracken, Mr. Purcell, Ms.Doniger, and Mr. Fagan); “Introductionto Federal Practice” (Mr. Engstrand);“Uncontested Matrimonial Actions”(Mr. Shulman); “New York Notary Law”(Mr. Isernia); and “Handling a CriminalCase” (Mr. Kunken and Mr. Ferris).

With so many topics covered in so shorta time period, the program cannot giveparticipants a thorough grounding in anysingle practice area. What it can and doesdo, however, is to raise the consciousnessof those who participate and help them tospot issues as they go forward in theirlegal careers. Moreover, all participantsreceive an electronic course book of morethan 1,000 pages – with sample forms,model documents, instructive narratives,practical guidelines, and other resources –that serves as a valuable ongoing refer-ence.

Each day of the Bridge -the-Gap pro-gram includes complimentary continentalbreakfast and a lunch buffet. More thanjust quick pick-me-ups, these refreshmentperiods are an integral part of the supportsystem that the Bridge-the-Gap programaims to be. Lunch and coffee breaks pro-vide time for students to meet one anotherand to engage with the faculty informally.In fact, many past participants rememberthe program’s recess intervals as thesource of important and lasting profes-sional relationships.

The Bridge-the-Gap program provides16 transitional mandatory continuing legaleducation credits, or a full year’s require-ment for the newly admitted. Credits areappropriately divided among the neededareas of professional practice, skills, andethics.

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 theFriday or only the Saturday program, butparticipation in the full, two-day programis advised. Tuition for the full program is$195 for lawyers admitted two years orless ($300 for more experienced lawyers).Either single day is $125 for lawyersadmitted two years or less, ($200 for moveexperienced lawyers). Financial aid isavailable for those who meet the criteria.

The Academy’s Bridge-the-Gap pro-gram truly is intended as a supportive con-veyance from the relatively tranquil envi-ronment of law school to the more volatilearena of actual practice. The Academyurges the newly admitted to attend andasks more experienced attorneys to telltheir newer colleagues about the program.Enrollment may be accomplished throughthe CLE spread in this publication, throughon-line registration (www.scba.org), or bycalling the Academy at 631-234-5588.

Note: The writer is the executive direc-tor of the Suffolk Academy of Law.

volunteers who have been active inAcademy work. SCBA members interest-ed in applying for one of these positionsshould contact Dean Richard Stern, whoserves as chair of the 2011 SALNominating Committee, or AcademyExecutive Director Dorothy PaineCeparano. Resumes stressing Academyand/or SCBA service may be sent by mail(560 Wheeler Road, Hauppauge 11788) ore-mail ([email protected]).

Curriculum Changes The E-Discovery CLE scheduled for

the beginning of January was postponedbecause of weather conditions. The newdate is Wednesday, March 23. The pro-gram will run from 6:00 to 9:00 p.m., withsign-in and light supper from 5:30 p.m.Originally advertised topics and facultyremain in place.

Handling DWI Cases, scheduled forThursday, February 17, 2011, will be alunch ‘n learn (12:30 to 2:10, with sign-in and lunch from noon), not an eveningprogram as originally announced.Presenters are Scott Lockwood, JohnPowers, and Ira Rosenberg. The programwill address new developments related toLeandra’s Law, the right to confrontation,and recent decisions.

Curriculum AdditionsThe following courses were recently

added to the Academy’s WinterSyllabus:

Schools & Section 504 of theRehabilitation 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 whatschools must do to accommodate studentswith disabilities who are not classified asspecial education pupils. The program ispresented in conjunction with the SCBAEducation Law Committee. Neil Blockand Susan Gibson, both partners withIngerman Smith, LLP, are the presenters.Attorneys, educators, and others with aninterest in Section 504 are urged to attend.

New Bankruptcy Exemptions:Coordinated by Academy Dean RichardStern, this lunch ‘n learn (12:30–2:30p.m., with lunch from noon) has beenscheduled for Wednesday, March 9. Theprogram will address amended and newexemptions and how they affect practi-tioners filing a bankruptcy case.

Persuasive Writing: Featuring guestpresenter Honorable Gerald Lebovits, thisprogram goes way beyond the usualcourse on legal writing. Judge Lebovits –author of “Legal Writer,” a column in theNew York State Bar Journal, and a highlysought-after lecturer – will provide easymethods of persuasive writing that canmake a real difference in a court case:story telling, style, rhetoric, ethics, legalmethods...making every word count.Diane Farrell, the program coordinator,has heard the judge speak; she and myriadothers attest to his highly entertaining andinformative style. The Academy is indeedgrateful that Judge Lebovits has agreed tobring this winning seminar to SuffolkCounty. Save March 31 (6:00–9:00 p.m.,light supper from 5:30) for a not-to-be-missed CLE evening.

– CEPARANO

A Bridge Over Troubled Water(Continued from page 28)



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_________________________By Dorothy Paine Ceparano

“Weary and feeling small,” to quoteSimon and Garfunkel, might be an aptdescription of many a new lawyer.Struggling over a motion, deciphering aconvoluted statute, or taking timid firststeps into the courtroom, the newlyadmitted may find themselves awash infatigue and afloat in diminished confi-dence. But help is available. Ferris andKunken, the Academy’s “Simon andGarfunkel,” ease the minds of those tra-versing the shaky path from law school to

law practice. They are the novice attor-ney’s “bridge over troubled water.”

Stephen Kunken and William Ferrishave served as chairs of the Academy’s“Bridge-the-Gap Program for NewLawyers” for more than a decade. Theybring years of experience as skilled prac-titioners and active SCBA leaders to theeffort. The end result is a two-day, 16-credit, transitional training program fea-turing a faculty of highly regardedlawyers and judges who not only sharetheir inestimable skills and insight, butexude empathy and concerned kindness

for the newly admitted.Mr. Kunken is a past Officer of the

Academy and a member of its AdvisoryCommittee. With offices in Commack, hehandles criminal defense and negligencecases. He has served as chair of theSuffolk County Bar Association’sCriminal Law Committee and teaches atTouro Law Center and in the acclaimedNITA program.

Mr. Ferris is a past Dean of theAcademy and a member of its AdvisoryCommittee. He currently serves on theSCBA’s Executive Committee as treasur-er and is next year’s nominee for the posi-tion of SCBA Second Vice President. Apast ADA and continuing educationdirector for the Office of the SuffolkCounty District Attorney, he is now withBracken, Margolin & Besunder, LLP, inIslandia.

Joining Mr. Kunken and Mr. Ferris onthe Bridge-the-Gap faculty are otherluminaries of the legal profession onLong Island, among them a half dozenpast SCBA presidents: John Bracken(who was also president of the New YorkState Bar Association), Barry Warren,Harvey Besunder, A. Craig Purcell,George Roach, and Barry Smolowitz.Representatives of the bench include theHonorable Peter Mayor (Supreme Court),the Honorable Joan Genchi (FamilyCourt), the Honorable James Flanagan(District Court), and Suffolk’sAdministrative Judge H. Patrick Leis,who serves as the program’s keynotespeaker. Richard Stern, the currentAcademy Dean, serves on the faculty asdo past Deans John Calcagni and ArthurShulman. Presenters also include currentand past Academy Officers Lita Smith-

Mines, Frederick Eisenbud, RichardWeinblatt, Wende Doniger, and D.Daniel Engstrand, Jr., plus practitionerMichael Isernia, Leif Rubinstein fromTouro Law Center’s Foreclosure &Bankruptcy program, and James Fagan, alaw secretary with the Supreme Court inSuffolk.

It is not an exaggeration to say thatthese presenters are among the best andthe brightest anywhere in New YorkState, and the Academy is fortunate tohave them on its continuing legal educa-tion faculty. Drawing upon rich anddiverse backgrounds, the instructors pro-vide newly admitted attorneys with ahelpful and practical overview of thebread-and-butter practice areas withwhich all lawyers should have a familiar-ity, including those employed by firmsthat concentrate their practices.

Day one (March 11) of the two-partprogram focuses on transactional prac-tice. The morning begins with anoverview of “Everyday Ethics” bySCBA Past Presidents Warren, Besunder,and Smolowitz and proceeds throughtreatments 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 keynoteaddress during complimentary lunch.

On day two (March 12), the focus is onlitigation. The first presentation of themorning, by Justice Mayor, Judge Genchi,and Judge Flanagan, provides an“Introduction to the Courts.” The rest

Meeting DatesAcademy Officers and Volunteers

meet once a month to handle adminis-trative matters, address new programproposals, and tend, generally, to thedevelopment and presentation of CLEseminars. The meetings, which are opento all SCBA members, are normallyheld on the first Friday of the month, at7:30 a.m. In February and March, how-ever, changes have been made to theusual schedule. The February meetingwill be held on Thursday, February10, and the March meeting will be heldon Friday, March 11, 2011 (the secondFriday of the month). Both will com-mence at the usual 7:30 a.m.

Openings on Academy BoardAt the end of this administrative year

(May 31), five Academy Officers –Nancy Ellis, Diane Farrell, RichardFilliberto, Allison Shields, and JohnZaher – will complete four-year terms,the mandatory limit for service as anAcademy Officer. Nominations to fillthe five resulting vacancies on the 21-member Academy board will take placeshortly (before early March). The open-ings are for one-year terms, upon com-pletion of which application may bemade for a subsequent three-year term.

The new Officers, as per AcademyBylaws, will be selected from among

ACADEMY OF LAW NEWS

ACADEMY

Calendarof 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 ofconditions beyond our control CLE programs involve tuition fees; see the CLE Centerfoldfor course descriptions and registration details. For information, call 631-234-5588.

February2 Wednesday Trusts Series; Irrevocable Life Insurance Trusts.

12:30–2:15 p.m. Sign-in and lunch from noon4 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.

Sign-in and light supper from 5:30 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. Sign-in and lunch from noon

March1 Tuesday Trusts Series; GRATS. 12:30–2:15 p.m.

Sign-in and lunch from noon2 Wednesday Real Estate Ethics. 6:00–9:00 p.m.

Sign-in and light supper from 5:30 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. Sign-in and light supper from 5:30 p.m.

16 Wednesday Valuation of a Personal Injury Case. 6:00–9:00 p.m. Sign-in and light supper from 5:30 p.m.

21 Monday Matrimonial Mondays: Custody Arrangements. 6:00–9:00 p.m. Sign-in and light supper from 5:30 p.m.

23 Wednesday E-Discovery (Re-scheduled from January).6:00–9:00 p.m. Sign-in and light supper from 5:30 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. Sign-in and light supper from 5:30 p.m.

31 Thursday Persuasive Writing featuring Hon. Gerald Lebovits. . 6:00–9:00 p.m. Sign-in and light supper from 5:30 p.m.

Check On-Line Calendar (www.scba.org) for additions, deletions and changes.

A Bridge Over Troubled WaterAnnual transitional training program for new lawyers to be held on Friday, March 11, andSaturday, March 12.

Academy Announcements:Abridged & Aggregated

More Academy Newson pages 24-23;

CLE Course Listings on pages 22-23


ACADEMY OF LAW OFFICERS

Nancy E. EllisDiane K. FarrellRichard L. FilibertoAllison C. ShieldsJohn C. ZaherHerbert (Skip) KellnerMarilyn Lord-James

Lynn Poster-ZimmermanGeorge R. TilschnerHon. Stephen UkeileyRobin S. AbramowitzBrian DugganGerard J. McCreight

Daniel J. TambascoSean E. CampbellAmy Lynn ChaitoffHon. James P. FlanaganJeanette GrabieScott LockwoodLita Smith-Mines

DEANRichard L. Stern

Executive DirectorDorothy Paine Ceparano
