Westchester Women’s Bar Association Sept 2015 NON Members.pdfThe Westchester Women’s Bar Association is a Chapter of the Women’s Bar Association of the State of New York n June

Page 1Westchester Women’s Bar Association News

PRESIDENT’SMESSAGE

I read that thename of the month“September” derivesfrom the Latin word“septem,” whichmeans “seven.” So,if September means“seven,” why is it theninth month? Actu-ally, September wasthe seventh month of the old Romancalendar, which started in March, butthe Julian calendar reform shifted thestart of the new year back two monthsto January 1st. Hence, we know Sep-tember as the ninth month now – themonth when students and teachers starta fresh school year, cooler temperaturessneak in, and Apple launches its newi-phone. I prefer to continue to think ofSeptember as a “seven” – the number,according to blog.dictionary.com, as-sociated with luck and wonder.

How apt the words “luck and won-der” are for my first WestchesterWomen’s Bar Association newslettercolumn! I marvel daily at how fortu-nate I am to be in the company of nearlysix hundred women and men devotedto promoting justice for all, to advanc-ing the status of and expanding oppor-tunities for women, and to raising thelevel of competence and integrity in thelegal profession. I am awed by the com-mitment and dedication of our all-vol-unteer membership.

Our Golf & Tennis Outing Com-mittee, Co-Chaired by Gail Boggio,Theresa Nugent O’Rourke, and Susan

continued on page 3 ➥

The Westchester Women’s Bar Association is a Chapter of the Women’s Bar Association of the State of New York

n June 10, 2015,the WWBA held itsAnnual Dinner at

the Mamaroneck Beach andYacht Club. No keynotespeaker addressed the crowdthis year as the WWBA de-cided, instead, to focus on its40th Anniversary Celebra-tion.

Immediate Past President Lucia Chiocchio remarked on how difficult it was for herto leave the position of President because she found it so rewarding to watch theorganization grow this past year, including the launching of the new WWBA website.She also highlighted some of the many diverse programs that the WWBA offered tomembers, noting that more programs were presented by WWBA members this yearthan in any previous year.

President Robin D. Carton began her speech with a funny anecdote about how herdentist actually gave her a lesson in how to physically form the word “No.” PresidentCarton remarked that although she has been trying to stem her penchant for workingtoo much, she could not possibly say “no” when asked to lead the WWBA. She lauded

O

WWBAWestchester Women’s Bar Association

WWBASEPTEMBER 2015 www.wwbany.org

news

INSIDE THIS ISSUE SAVE THE DATESEPTEMBER 2015 Linda Wiley Memorial Golf

& Tennis Outing(page 4)

WWBA Hosts Multi-BarDiversity Event(page 6)

Discovery OrderNon-Compliance(page 8)

WWBA Upcoming Events(page 12)

MEET THE BOARDNETWORKING EVENT

September 24, 2015Elements Rooftop

White Plains, New York

WESTCHESTER WOMEN’S BAR ASSOCIATION2015 ANNUAL INSTALLATION DINNER

PLANNING/PERMITTINGBROADBAND

INFRASTRUCTURESeptember 15, 2015

La Bocca RistoranteWhite Plains, New York

Robin D. Carton

Lisa M. Denig


2015-2016 WWBA Board Members

NEW MAINTENANCEGUIDELINES

September 30, 2015Sam’s of Gedney WayWhite Plains, New York

Westchester Women’s Bar Association NewsPage 2

~ 2015/2016~ 2015/2016~ 2015/2016~ 2015/2016~ 2015/2016 Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~

WWBA Member Newsletter

Editor-in-Chief: Lisa M. Denig • Designed and Printed by IPM Media Group, Inc. (516) 809-0501

SEPTEMBER 2015SEPTEMBER 2015SEPTEMBER 2015SEPTEMBER 2015SEPTEMBER 2015

Published Monthly by theWestchester Women’s

Bar Association, a Chapter ofthe Women’s Bar Association

of the State of New York

2015-2016 WWBA Committee Chairs

© Copyright 2015 Westchester Women’s Bar Association. All rights reserved.The opinions expressed herein are those of the author(s) only and do not reflect the official position of the Association.

PPPPPresidentresidentresidentresidentresident ROBIN D. CARTONVice PVice PVice PVice PVice Presidentsresidentsresidentsresidentsresidents KIM BERG JOELLE M. BURTON ANN M. McNULTY

TTTTTreasurerreasurerreasurerreasurerreasurer AMANDA C. FRIED RRRRRecording Secretaryecording Secretaryecording Secretaryecording Secretaryecording Secretary JENNIFER N. NETROSIOCorresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding Secretary LISA M. DENIG Immediate PImmediate PImmediate PImmediate PImmediate Past Past Past Past Past Presidentresidentresidentresidentresident LUCIA CHIOCCHIO

Elected DirectorsElected DirectorsElected DirectorsElected DirectorsElected Directors Westchester BoardGAIL M. BOGGIO HELENE COTE AMY E. GEWIRTZ

SHARI R. GORDON DANIEL M. KOLKO

State DirectorsState DirectorsState DirectorsState DirectorsState Directors Women’s Bar Association of the State of New YorkANGELA MORCONE GIANNINI LONYA A. GILBERT THERESA A. GIROLAMO

JACQUELINE HATTAR JAMIESON L. KEISER PATRICIA McCLUSKEY STEPHANIE MELOWSKYJENNIFER N. NETROSIO ADRIENNE J. ORBACH SUSAN MILLS RICHMOND

Executive DirectorExecutive DirectorExecutive DirectorExecutive DirectorExecutive Director SILVIA GALGANO

S T A N D I N G C O M M I T T E E S

A D H O C C O M M I T T E E S

By-Laws .................................................................. Anna L. GeorgiouCorporate & Commercial .......................................... Lisa M. BluesteinCriminal Law ....... Kitley S. Covill, Lisa M. Denig, Hon. Sandra A. ForsterFamilies, Children & the Courts ........... Shari R. Gordon, Joy S. Joseph,

Hon. Irene RatnerGrievance/Ethics ...................... Kitley S. Covill, Hon. Janet M. DiFiore,

Deborah A. ScaliseJudicial Screening ............... Hon. Sandra A. Forster, Loren I. GlassmanJudiciary .......... Hon. Delores Scott Brathwaite, Hon. Linda S. JamiesonLawyering & Parenting ............................................... Joelle M. Burton,

Jana Kosberg-KleidmanLegislation ................................................. Angela Morcone GianinniMatrimonial .................................Dolores Gebhardt, Lonya A. Gilbert

Membership ..................................................... Kim Berg, Helene CoteNetworking ................................... Jennifer L. Gray, Patricia McCluskeyNew Lawyers .................................. Lisa M. Denig, Jennifer N. NetrosioProfessional Development ......... Susan Edwards Colson, Adam J. Krim,

Stephanie MelowskyPrograms .............................. Lucia Chiocchio, Susan Edwards ColsonPublic Relations ............................... Joelle M. Burton, Jennifer L. GrayReal Property ............................ Melanie Finkel, Hon. Sandra A. ForsterSponsorship .................................. Lisa M. Bluestein, Lucia Chiocchio,

Joelle M. BurtonTaxation ....................................................................................... TBDTrusts & Estates ................................... Gail M. Boggio, Anna B. Parker,

Nancy J. Rudolph, Karen J. Walsh

Annual Dinner .......... Robin D. Carton, Lisa M. Denig, Jennifer L. Gray,Stephanie Melowsky, Jennifer N. Netrosio

Annual Dinner Souvenir Journal ............................... Amanda C. FriedAppellate Practice ....................... Lisa M. Denig, Hon. Mark C. Dillon,

Hon. Sondra M. Miller, Hon. Robert A. SpolzinoArchive & Historian ...................................................... Susan L. PolletAwards ............................................. Elizabeth M. Barnhard, Kim BergBankruptcy .................... Susan Mills Richmond, Wendy Marie WeathersBreast Cancer Awareness ......... Patricia McCluskey, Adrienne J. OrbachCollaborative Law ............................ Kathleen Donelli, John J. Grimes,

Lynn J. Maier, Hon. Sondra M. MillerCommunity Outreach ... Deborah A. Scalise, Hon. Lisa Margaret SmithContinuing Legal Education ..................................... Ann M. McNultyDiversity in Membership ............ Jacqueline Hattar, Stephanie MelowskyDomestic Violence ...................... Natanya L. Briendel, Audrey E. StoneEducation Law ........................ Adrienne J. Arkontaky, Julie P. Passman,

Susan Mills RichmondElder & Health Law ....................... Patricia L. Angley, Shari R. Gordon,

Mary E. MorrisseyEmployment Law ....................................... Kim Berg, Hillary RaimondiEnvironmental & Land Use .......... Lucia Chiocchio, Anna L. Georgiou,

Jennifer L. Gray, Katherine ZalantisGender Dynamics ....................................... Hon. Terry Jane Ruderman

Golf & Tennis Outing ........ Gail M. Boggio, Theresa O’Rourke Nugent,Susan Mills Richmond

Holiday Party and Boutique ...... Dolores Gebhardt, Jennifer N. NetrosioInsurance ...................................................................... Dawn WarrenIntellectual Property ............... Elizabeth M. Barnhard, Donna E. Frosco,

Theresa O’Rourke NugentJudgment Enforcement & Collections ............... Christopher T. Bonante,

Daniel F. Florio, Jr.Litigation ....................... Angela Morcone Giannini, Jacqueline Hattar

Kimberly SheehanLong Range Planning ............... Lisa M. Bluestein, Carla D. Glassman,

Linda Markowitz, Ann M. McNultyMediation ................................. Geri S. Krauss, Hon. Sondra M. Miller,

Lauren S. Morrissey, Abby Rosmarin, Jane SilvermanNetwork of Bar Leaders .............................................. Donna E. FroscoPace Board of Visitors ....................... Gail M. Boggio, Lonya A. GilbertPast Presidents ............ Jane Bilus Gould, Mary F. Kelly, Linda MarkowitzPractice Management ......... Jamieson L. Keiser, Wendy Marie WeathersPro Bono ..................................................................................... TBDTechnology/Website .......... Donna E. Frosco, Theresa O’Rourke NugentWCA Board Delegate .............................................. Anthony MorandoWWBA Foundation President ........................................ Julie S. KattanWWBA Representative Director to the WCBA Board .. Dolores Gebhardt

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Editor’s Notefrom page 1President’s Message ○

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NEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONS

Making Dates and Getting Published

A d v e r t i s i n g R a t e s

Deadline for all ads is the 12th of the month prior to publication. Ads are subject to space limitations.Call Lisa M. Denig at (914) 995-3485 for any questions regarding advertising.

Full Page Display Ad5-10 Issues - $525.00 per issue1-4 Issues - $575.00 per issue

Half Page Display Ad5-10 Issues - $275.00 per issue1-4 Issues - $300.00 per issue

Quarter Page Display Ad5-10 Issues - $165.00 per issue1-4 Issues - $180.00 per issue

Business Card Ad5-10 Issues - $60.00 per issue1-4 Issues - $75.00 per issue

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Classified – office space, furniture/equipment, employment & situation wanted (up to 5 lines)Members - $50.00 first issue; $25.00 each succeeding issue; Non-Members - $75.00 per issue

Back Cover (3/4 page)5-10 Issues - $650.00 per issue; 1-4 Issues - $700.00 per issue

Mills Richmond, organized and ran theLinda Wiley Memorial Golf and TennisOuting on August 11th. The sports partof the outing was canceled due to heavyrainstorms, but the Committee’s energyand creativity saved the day. During thatevening’s cocktails, hoots and hollerswere heard from the room that housedan indoor putting contest, and, duringand after dinner, everyone enjoyed thetoy paddle and ball “tennis contest,” theimpossibly difficult golf quiz, the 50/50raffle, and the exciting trophies. Thefood, dessert, and company were sub-lime. Thank you so much to the Com-mittee for a brilliant “save” – you hon-ored our precious Linda Wiley by emu-lating her spirited commitment to makeall things joyous and friendly.

Our other committees have alsobeen hard at work preparing programsto enjoy in September. On September15th, “Updates in Planning and Permit-ting Mobile Broadband Infrastructure”will be presented at La Bocca Ristoranteby our Environmental and Land UseCommittee for 1.5 CLE credits. The pro-gram will feature speakers CharlesGottlieb, Esq. and Anthony F. Morando,Esq., both of whom are exceptional at-


❑ Deadline for newsletter submissions is the 12th of the month prior to publication (submissionsreceived after the deadline are subject to the discretion of the editor).

❑ Send submissions as email attachments to Lisa M. Denig at [email protected].

❑ Articles should be 1,000 words or fewer. Remove all pagination, headers, footers or otherformatting, other than bold, underline or italics. Authors are encouraged to submit photo-graphs for publication with their submissions and include a short biographical statement withtheir submissions.

❑ Materials submitted allow the WWBA a limited copyright and full permission to reprint thematerial in any WWBA publication or on its website without additional consent.

❑ Photographs must be high-resolution (150 dpi or more) and the subject and all persons ineach photograph must be fully identified.

PROGRAM SCHEDULINGPROGRAM SCHEDULINGPROGRAM SCHEDULINGPROGRAM SCHEDULINGPROGRAM SCHEDULING❑ First visit the WWBA website: www.wwbany.org and click on the calendar at the home page toview scheduled programs. Conflicts in scheduling will be assessed on a case by case basis, withpriority for early submissions.

❑ Contact Lisa M. Denig to schedule a WWBA sponsored or co-sponsored program, includingcommittee meetings, CLE programs, etc.

❑ Once you have reserved the date with Lisa M. Denig, proceed with planning your programand creating your flyer.

❑ Flyers must be approved by the Programs Committee. In advance of the 12th of the month,please send flyer to the Program Committee Co-chairs for review and copy the Executive Direc-tor. Once approved, please send your final flyer to the Executive Director, Lisa M. Denig and thePresident for publication on the website calendar and the newsletter calendar. The final flyer willalso be emailed to the membership.

❑ We will also consider publicizing programs from outside organizations that may be of interestto our members.

❑ Post-event: You may report on the success of your program and provide photographs of thespeakers and participants that can be included in an upcoming newsletter. Send your submis-sion to Lisa M. Denig, following the guidelines above.

ContactsContactsContactsContactsContactsLisa M. Denig, Corresponding Secretary and Newsletter Editor-in-Chief: [email protected]

Susan Edwards Colson, Programs Committee Co-Chair: [email protected] Chiocchio, Programs Committee Co-Chair: [email protected]

Robin D. Carton, President: [email protected] M. McNulty, CLE Chair: [email protected] Galgano, Executive Director: [email protected]

~ Groucho Marx

“My favorite poem is the one that starts ’Thirty days hath September’ because itactually tells you something.”“Our members

know that privilegecannot be

separated fromresponsibility.

They are leaders intheir practices andtheir communities,

and their goalsare limitless.”


Is giving through a community foundation right for your clients?

Do you have clients who care deeply about the

community?

Do they give to more than one charitable cause?

Are they interested in creating a family legacy?

Are they considering a family foundation, but have

concerns about cost and administrative complexity?

Would they like to stay personally involved in the

use of their gift dollars?

Do they want to receive maximum tax benefits?

Is sound fiscal management a priority?

I

If you answered yes to any of these questions, your clients should meet us. Contact

Susan Edwards, Esq. at (914) 948-5166 or [email protected]

A division of the New York Community Trust

Rain Can’t Damper Golfers’ Spirits

On August 11, 2015, the Westchester Women’s Bar Associationheld its first Linda Wiley Golf & Tennis Outing at Knollwood CountryClub. Even though the weather was against us, and the outdoorsporting events of golf and tennis were canceled, fun was had by all70 people who attended the dinner. We made up for the rain-out ofthe outdoor activities by holding several indoor “skill contests.” Allattendees participated in the putting contest (won by Tanya Briendel– a star tennis player, and Michael Sprung), closest to the pin (wonby the Honorable Linda Jamieson), a paddle tennis competition (wonby A.J. Forgione – a star golfer) and a very tough Rules of Golf quiz(First place: Honorable Susan Simon, Ann McNulty and MichaelSprung, and Second Place: Carol Vergara, Barbara Bel and KarenRoth).

A silent auction was also held for golf, baseball and restaurantcertificates and a 50/50 raffle. Who needs good weather to have afantastic time!

Both our WWBA president, Robin D. Carton, and WWBA Foun-dation president, Julie Kattan, gave moving tributes to our dear LindaWiley Small, and we were honored by the presence of Linda’s hus-band, Tommy Small, at the dinner.

Many thanks to our generous sponsors and all of the Golf Com-mittee members for contributing to a successful day of “golf andtennis” with a twist! ◗

Gail Boggio, Theresa O’Rourke Nugent and Susan Mills RichmondGolf and Tennis Outing Co-Chairs

An award from the First Annual Linda Wiley MemorialGolf and Tennis Outing

If you answered yes to any of thesequestions, your clients should meet us.

Contact Laura Rossi at (914) 948-5166 [email protected]

▼


WWBA 2015 ANNUAL INSTALLATION DINNERfrom page 1the programs presented, thehardworking committee chair-persons, and the important rolethat the Foundation has playedin recent years.

This year, the Karen Z. BellModerate Means Panel Award

was presented to Laura A.Daniels, Esq., the FamilyFriendly Award was presentedto the law firm of Kramer Kozek,LLP, and the WWBAFoundation’s Justice SondraM. Miller Scholarship wasawarded to Kristen Motel. A

new Diversity Award was pre-sented this year to Hon. TerryJane Ruderman and, inrecongnition of the WWBA’s40th Anniversary, the PastPresidents presented a schol-arship to an applicant for thePace Law School New Direc-

tions for Attorneys program.Many thanks to the Annual

Dinner committee which in-cluded Robin D. Carton, LisaM. Denig, Jennifer L. Gray, andJennifer Netrosio, along withAmanda Fried, Chair of theSouvenir Journal. ◗

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WWBA President Robin Carton, Hon. Sondra M. Miller, ImmediatePast President Lucia Chiocchio

Lawrence McElroen, SusanEdwards, Joelle Burton

Kim Griffith, Barbara Lerman,Hon. Linda Jamieson

Joelle Burton, DeborahSherman, Georgia Kramer, NeilKozek, Jana Kosberg-Kleidman Jane Bilus Gould, Amy Gewirtz

Court Atty. Referee Irene Ratner,Steven Swidler, Lawrence JayBraunstein, Dana Forster Navins

Fran DeThomas, Donna Frosco,Andrea Composto, ShariGordon, Deirdre Hay


WWBA Co-Hosts Multi-BarDiversity EventJacqueline Hattar

The WWBA participated inthe 6th Annual Goin’ CajunBBQ and Blues Networkingevent on June 17, 2015 at theBayou Restaurant in Mt.Vernon, New York. The eventwas co-hosted by theWestchester Women’s Bar As-sociation, the WestchesterCounty Bar Association, theWestchester Black Bar Associa-tion, and the American andHispanic Business and Profes-sional Association. WWBA Di-versity Committee Co-ChairsJacqueline Hattar andStephanie Melowsky were hon-ored to participate in this event.The WWBA’s newly electedPresident, Robin D. Carton,also attended. In its sixth year, the annualevent brings together membersof the judiciary, bar leaders,and business and community

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leaders to celebrate the impor-tance of diversity and inclusionin the legal profession and inthe judiciary. Congratulationsto Evelyn Miller and KarenBeltran, the WCBA DiversityCommittee co-chairs, for orga-nizing a truly wonderful event,and for their efforts in promot-ing diversity in the professionand the community at large.The WWBA looks forward tocontinuing to collaborate withthese organizations on this andother events in the future. ◗

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An Interview with Lucia Chiocchio

Q: You just completed a won-derfully successful Presidencyof the WWBA. What were thehighlights during your term inoffice?A: Thank you! It was my honorand pleasure to serve asWWBA President. The WWBAhad an incredible year thanksto the dedication and hardwork of its members. Some ofthe highlights for me includethe diversity of the WWBA pro-grams, the contributions of theWWBA to the communitythrough various communityoutreach initiatives, the new(and fabulous) WWBA websiteand the commemoration of theWWBA’s 40th Anniversary bythe Past Presidents.

WWBA programs duringmy term were simply outstand-ing. The topics were so var-ied that there was truly a pro-gram, or two, or three for ev-eryone. In addition to coordi-nating wonderful programs,last year, the WWBA memberscontinued their strong commit-ment to the communitythrough participation in anumber of community out-reach events. The generosityof the WWBA membershipseems infinite.

As many of the WWBAmembers can attest, I can’tstop promoting the WWBA’sgreat new website. Develop-ing and designing the newwebsite was a daunting andenormous undertaking.Thankfully, we had SilviaGalgano, our tireless Execu-tive Director, leading the task.In this age of the Internet, anew website is critical for thefuture of the WWBA. In addi-tion to being a useful tool formembers, the new website isthe WWBA’s on-line “face” to

takings. As the WWBA mem-bership grows, so does its di-versity and breadth of programsand community service. TheWWBA has a rich history of in-fluential members and accom-plishments and I have no doubtthat it will build on that historyto grow stronger and better.

Q: What advice would you liketo give women who practice lawin Westchester County, basedupon your experiences as Presi-dent of the WWBA?A: Join the WWBA! All kiddingaside, membership in theWWBA provides support that noother organization can offer. Asuccessful female practitionerneeds legal skills, a network ofprofessionals, confidence, andfriends that she can trust. TheWWBA provides all those thingsand more. Being an involvedmember of the WWBA will leadyou to be a stronger advocatefor clients and overall a stron-ger person because you are sur-rounded by members who ex-hibit all these qualities.

Q: Tell us about your practiceat Cuddy & Feder, and whatcareer steps led you to yourcurrent position.A: I am a land use and tele-communications practitionerand I am licensed in NY andCT. I advise and assist clientsin obtaining regulatory approv-als and permits for various realestate development projects. Ihave a background in environ-mental engineering which allowsme to integrate technical expe-rience into my representation oflandowners, developers, and thetelecommunications industry.My practice often involves man-aging consultants and formu-lating strategies to successfullyadvance projects through com-plex and sometimes controver-sial permitting and approval

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Susan L. PolletChair of the Archive andHistorian Committee

the community.One of the many special

aspects of my Presidency and ahighlight of this past year wasthe fact that the WWBA cel-ebrated its 40th Anniversaryduring my term. The growth andaccomplishments of the WWBAover the past 40 years are ex-traordinary. In 40 years, the or-ganization grew from approxi-mately a dozen members to ap-proximately 600 members, 50committees and one of the larg-est chapters of WBASNY.

To commemorate theWWBA’s 40 years of accom-plishments and furtherstrengthen its collaboration withthe Pace Law School New Di-rections Program, the PastPresidents established a schol-arship for the program. Thisscholarship is yet another ex-ample of the generosity of theWWBA and its commitment toits mission and the community.

Q: What challenges does theWWBA face in the yearsahead?A: Like any other non-profit vol-unteer organization, the chal-lenge for the WWBA is to in-volve and engage its membersand potential members. Withso many demands on our timeand competition from other or-ganizations, that initial engage-ment or “hook” to get involvedcan be challenging. However,once a member or potentialmember is involved in some as-pect of the organization, thebenefits of WWBA membershipare readily recognized - just askany of the WWBA officers orboard members!

Q: What would you like to seethe WWBA accomplish goingforward?A: I would like to see the WWBAmaintain and expand its trendof various successes and under-

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Lucia Chiocchio

processes. I regularly appearbefore municipal and stateboards, commissions andagencies.

I describe my career pathas “non-traditional.” I startedmy professional career as anengineer where I served asproject manager for severalutility clients. The variousprojects I worked on includedenergy efficiency rebate pro-grams, water and wastewatertreatment facility operationsand management, and tele-communications design. Af-ter obtaining my masters inenvironmental engineeringand while working for an en-gineering consulting firm, Iattended Pace Law School asan evening student. Truthfully,becoming a lawyer was not mycareer goal in college. Oneof my graduate school profes-sors at Manhattan College,with whom I worked on a dailybasis, encouraged me to ap-ply to law school. I’m not surewhy he thought I should be alawyer, but it may have some-thing to do with my supportand defense of my female col-leagues in the very male-dominated graduate program.

While at Pace Law School,I had the opportunity to work



DISCOVERY ORDER NON-COMPLIANCE:A Recipe for Sanctions & Relief Per CPLR §§3126 and 3124James L. Hyer, Esq. andCaitlin Baranowski

Non-compliance with Discovery Or-ders is dangerous as it can ultimately leadto penalties and sanctions against non-compliant litigants and their attorneys. Inpractice, attorneys often intentionally dis-regard discovery demands served uponthem despite the deadlines for responsesrequired by the New York State Civil Prac-tice Law and Rules (“CPLR”). Pursuant toCPLR § 3126 and CPLR § 3124, however,the Courts have discretion to severely pe-nalize counsel representing parties who arenot in compliance. As noted herein, suchdiscovery defaults are professionally irre-sponsible, posing a threat to both the at-torney and the client.

When a party fails to comply with aDiscovery Demand or Discovery Order, theopposing party may file a Motion to com-pel the production of outstanding responsespursuant to CPLR § 3124 or a Motion seek-ing preclusive relief pursuant to CPLR §3126. A Motion filed seeking relief underCPLR § 3126 may result in an Orderagainst the defaulting party, including suchrelief as preclusion of evidence or strikingof the pleadings.1 While the striking of apleading is considered a drastic remedy,the Courts are not opposed to grantingsuch relief when the non-compliant partydemonstrates a willful or contemptuouspattern of refusing to comply with properDemands and/or Discovery Orders. With-out an excusable default plus a showingof merit, a non-compliant party may berisking their case when defaulting on dis-covery responses.

In 2014, the Court of Appeals ex-pressed a firm commitment to ensuring thatparties and their counsel abide by the Or-ders of the Courts: “Apart from CPLR 3126,a court has inherent power to address ac-tions which are meant to undermine thetruth-seeking function of the judicial sys-tem and place in question the integrity ofthe courts and our system of justice.”2

Moreover, “if the credibility of court ordersand the integrity of our judicial system areto be maintained, a litigant cannot ignorecourt orders with impunity.”3 Describingwhat is required for a party to adequatelyfollow an Order, the Court directed that

“[c]ompliance requires a timely responseand one that evidences a good faith effortto address the requests meaningfully,” andfurther noted that “[a] trial court has dis-cretion to strike pleadings under CPLR 3126when a party’s repeated noncompliance is’dilatory, evasive, obstructive, and ultimatelycontumacious.’”4 Clearly, the authority ofthe Court to provide relief in situations whereparties fail to comply with Discovery De-mands and Orders is broad.

The Appellate Division, First Depart-ment, has also made clear that disregardof Discovery Orders and other misconductin the discovery process will not be permit-ted and is ripe for sanctions. The First De-partment noted that a party was “inexcus-ably lax” in its approach to Discovery and“the cavalier attitude [of the party], result-ing as it has in substantial and gratuitousdelay and expense, should not escape ad-verse consequence.”5 The Court, therefore,required that the opposing counsel be paidthe sum of $10,000.00 in sanctions. TheCourt then spoke directly to the trial Courts,taking the opportunity to “encourage theIAS courts to employ a more proactive ap-proach in such circumstances; upon learn-ing that a party has repeatedly failed to com-ply with discovery orders, they have an af-firmative obligation to take such additionalsteps as are necessary to ensure future com-pliance.”6 Far from an aberration, this de-cision represents a trend among the Courtsto grant and uphold on appeal such reliefunder CPLR §§ 3126 and 3124.7

Defaults of Discovery Orders may alsolead to a sanction being issued againstthe defaulting attorney by the Court. TheCourts have held that if an award of sanc-tions is granted, those sanctions may beimposed against a party and/or counselto a party, and may include actual costs,including attorneys’ fees or a pure sanc-tion for another monetary amount.8 TheCourt may award costs and attorneys’ feesresulting from frivolous conduct.9 The Courtmay also impose financial sanctions upona party or an attorney who engages infrivolous conduct. Frivolous conduct isdefined to include conduct that “is under-taken primarily to delay or prolong the reso-lution of the litigation, or to harass ormaliciously injure another….”10 In numer-

ous decisions, the Courts have determinedthat the failure to comply with Court Or-ders directing that discovery be providedwarrants an award of sanctions, eitheragainst the non-compliant party or theirlegal counsel.11 When awarding sanctionsdue to non-compliance with DiscoveryOrders, the Courts have noted that sanc-tions are warranted to deter dilatory be-havior in the future12 and to provide rec-ompense for time expended by the movantto seek compliance.13

While compliance with Discovery Or-ders entered by the Courts is an inherentobligation of all attorneys, for the reasonsset forth above, defaults of these Ordersmay be detrimental to a client’s case andresult in sanctions against the non-com-pliant counsel and/or client. Accordingly,counsel should be guided by the words ofAbraham Lincoln who commented, “Theleading rule for the lawyer, as for the manof every other calling, is diligence. Leavenothing for to-morrow which can be doneto-day.” ◗

1 See, CPLR § 3126.2 See, CDR Creances S.A.S. v. Cohen, 23 N.Y.3d307, (2014).3 See, Kihl v. Pfeffer, 94 N.Y.2d 118, (1999).4 See, CDR Creances S.A.S. v. Cohen, 23 N.Y.3d307, (2014), quoting, Kihl v. Pfeffer, 94 N.Y.2d118, (1999).5 See, Figdor v. City of New York, 823 N.Y.S.2d 385(1st Dep’t 2006).6 Id at 385.7 See, Roman v. City of New York, 832 N.Y.S.2d528 (1st Dep’t 2007); Filatava v. Rome RealtyGroup LLC, 941 N.Y.S.2d 80, (1 Dept. 2012); Fish& Richardson, P.C. v. Schindler, 901 N.Y.S.2d 598,(1 Dept. 2010); Rodriguez v. United Bronx Parents,Inc., 895 N.Y.S.2d 57, (1 Dept. 2010); FrankParlamis, Inc. v. Piccola Pizza Cafe-Times Square,Inc., 687 N.Y.S.2d 39., (1 Dept. 1999); Helms v.Gangemi, 696 N.Y.S.2d 441, (1 Dept. 1999).8 See, 150 Centreville, LLC v. Lin Associates Archi-tects, PC, 39 Misc.3d 513, 963 N.Y.S.2d 819,(Sup. Ct. 2013). See Also, Siegel, N.Y. Prac. §414A (5th Ed.).9 22 NYCRR § 130-1.1(a).10 See, 22 NYCRR § 130-1.1(c).11 See, Adzer v. Rudin Management Co., Inc., 856N.Y.S.2d 674, (2nd Dept. 2008); Makris v.Westchester County, 800 N.Y.S.2d 759, (2 Dept.2005); Taub v. Wulwick, 562 N.Y.S.2d 734, (2 Dept.1990); River Park Associates v. Meyerbank Elec.Co., Inc., 497 N.Y.S.2d 762, (2 Dept. 1986).12 See, Altu v. Clark, 798 N.Y.S.2d 775, (3 Dept.2005).13 See, L & L Auto Distributors and Suppliers Inc. v.Auto Collection, Inc., 925 N.Y.S.2d 151, (2nd Dept.2011); See Also, New v. Scores Entertainment,Inc., 679 N.Y.S.2d 382, (1 Dept. 1998); Davis v.City of New York, 613 N.Y.S.2d 898, (1 Dept. 1994).

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September Litigation Tip

CPLR 205(a) provides a six (6) month extension of time that keeps plaintiff ’s claim alive whenit has been terminated. In order to successfully apply 205(a), the original action brought by theplaintiff must have been commenced timely and terminated for reasons other than a final judg-ment on the merits, by voluntary discontinuance, for failure to obtain personal jurisdiction overthe defendant or for neglect to prosecute. If plaintiff ’s action has some defect but meets thiscriteria, plaintiff may commence a new action upon the same transaction or occurrence or seriesof transactions or occurrences within six (6) months after termination even though the originalstatute of limitations has now expired. Termination of the action usually occurs when an adver-sary makes a motion to dismiss or terminate the action due to the flaw. Service on the defendantmust also be effected within the six (6) month period.

Application of CPLR 205(a) was recently deemed proper in an action against Erie County MedicalCenter Corporation governed by Public Authority Law § 3641. Benedetti v. Erie County Med. Ctr.Corp. (2015 NY Slip Op 04964). Public Authority Law § 3641(1)(c) provides that the actionagainst the corporation must be commenced within a one year and 90 day time frame. The timeframe was deemed a statute of limitations rather than a condition precedent thereby permittingthe use of CPLR 205(a) for extension purposes. Similarly, CPLR 205(a) has also been heldapplicable to proceedings commenced under General Municipal Law § 50-i, which also pro-vides the action must be commenced within one year and 90 days. Smith v. Rensselaer County, 50A.D.2d 384 (3d Dept. 1976).

Keep in mind that the extension provision of CPLR 205(a) can also be very useful when a caseis dismissed from one court and remanded to another. In Smith, supra, the claim against themunicipality was timely commenced in federal court but terminated for want of subject matterjurisdiction without prejudice to commence the action in state court. Although the one year and90 days had already expired by the time the action was commenced in state court, CPLR 205(a)was applicable and the extension saved the action in state court.

✦✦✦✦✦ CPLR 205(a) – SIX MONTH EXTENSION SAVES AN ACTION

Written by Angela Morcone Giannini, Co-Chair, Litigation CommitteeOther Co-Chairs: Jacqueline Hattar & Kimberly Sheehan

from page 3President’s Message

torneys at Cuddy & Feder, LLP. Thankyou to Co-Chairs Lucia Chiocchio, AnnaL. Georgiou, Jennifer L. Gray, andKatherine Zalantis. Also, on September30th, our Matrimonial Law Committee willpresent a program on “The New Mainte-nance Guidelines,” the hottest topic in fam-ily and matrimonial law. The 2 CLE creditprogram will be held at BNY Mellon in

White Plains, and the stellar panel will bethe Hon. Jeffrey S. Sunshine, J.S.C., Chairof the OCA Matrimonial Practice andRules Committee; the Hon. Linda Christo-pher, J.S.C., Supervising Judge of theMatrimonial Part in Westchester County;Elena Karabatos, Esq., member ofSchlissel Ostrow Karabatos LLP andmember of the OCA Matrimonial Prac-tice and Rules Committee; and Dolores

Gebhardt, Esq., member of McCarthyFingar LLP and Co-Chair of theWBASNY and WWBA MatrimonialLaw Committees. Thank you to Matri-monial Committee Co-Chairs DoloresGebhardt and Lonya Gilbert. Thankyou, too, to our Programs CommitteeChairs, Susan Edwards Colson andLucia Chiocchio, for maintaining the

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Chapter News and Announcements

Announcements & Notes on Members❑ WWBA Immediate Past President LLLLLucia Chiocchioucia Chiocchioucia Chiocchioucia Chiocchioucia Chiocchio wrote an article entitled“Harness the Experience of Attorneys Returning to the Legal Profession” about theadvantages of hiring attorneys seeking to return to the practice of law and howlaw schools, as the bridge between students and their future employers, cansupport these attorneys and law firms. The article appeared in the New York LawJournal Special Report on Law Schools, August 17, 2015.

❑ Bleakley Platt & Schmidt, LLP is pleased to announce that Katrine A. BeckKatrine A. BeckKatrine A. BeckKatrine A. BeckKatrine A. Beckhas joined the firm as a Partner in the Litigation Practice Group. Ms. Beck focusesher trial practice on general liability claims, commercial disputes and municipallaw matters. She has successfully handled all phases of litigation in state andfederal courts, including arbitrations and mediations. Her clients mainly includeindividuals, small businesses, corporations, property managers, and condo-minium/ co-op boards.

❑ Carla D. Glassman and Susan S. Brown proudly announce that Elizabeth A.Elizabeth A.Elizabeth A.Elizabeth A.Elizabeth A.Cumming Cumming Cumming Cumming Cumming has been made a partner in their firm, Glassman & Brown, LLP. Ms.Cumming’s practice focuses primarily on guardianship and elder law; wills, trustsand estates, including planning, administration and litigation; disability plan-ning; and real estate. ◗

Become a NewMember Today

The advantages of joining the

Westchester Women’s Bar Association are

countless. We were founded in 1974, and

we are dedicated to promoting justice in the

study, practice and application of law. Our

diverse membership includes women and

men who are attorneys, judges, law profes-

sors, public officials and public employees.

When you join the Westchester

Women’s Bar Association, you automati-

cally become a member of the Women’s

Bar Association of the State of New York

(WBASNY), at no additional cost. WBASNY

is comprised of eighteen chapters across

the state with more than 4,000 members.

More professional and personal benefits

include:

Invaluable networking opportunities

Unlimited information resources

CLE programs

Seminars and lectures ontimely legal issues

Attorney support systems

Legal advocacy on significant issues

Participation in various anddiverse committees

Involvement in the WestchesterCounty judicial process

Programs for new members andnewly admitted attorneys

Membership directorycross-referenced by practice area

Information on professional opportunities

Friendship and fun

To join immediately or for moreinformation, e-mail

[email protected], or visitour website at www.wwbany.org. ◆

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President’s Messagefrom page 9

organizational core of these diverse events and successfully ensuring that theWWBA’s numerous programs are flawless.

Congratulations to Natanya L. Briendel, Esq., treasured WWBA member,who received the Most Socially Conscious Attorney Award at the Above the BarAwards. The Above the Bar Awards program is a countywide awards programrecognizing outstanding Westchester attorneys, and Natanya’s work as seniorstaff attorney at the Pace Women’s Justice Center, where she provides access tojustice for litigants of moderate means and to victims of domestic abuse, exem-plifies the qualities associated with this well-deserved award.

Congratulations to Lisa M. Denig, Esq., unparalleled WWBA member andWWBA Corresponding Secretary, who was honored as a recipient of the WBASNYRising Star Award. Lisa’s dedication to her profession and her earnest, passion-ate commitment to community and charity organizations make her not only arising star, but a superstar.

I am astonished by the accomplishments of our members, whose profilesappear in the Featured Member column on the WWBA website homepage orwhose achievements are noted in our Member News column. How lucky I am tohave been asked to guide the Westchester Women’s Bar Association. Our mem-bers know that privilege cannot be separated from responsibility. They are lead-ers in their practices and their communities, and their goals are limitless. Showthat you believe in the WWBA by bringing your colleagues to programs andevents. Build our membership to invigorate the WWBA with fresh ideas and acrisp perspective.

So, this September, after I upgrade my Apple i-phone, I will think about “luckyseven” – a prime number that cannot neatly be divided by anything other than itselfand the number one. Broaden and strengthen the WWBA by enrolling new membersand new friends. Help make the WWBA’s voice louder, stronger, and more unique.Each one of us is individually remarkable. Together, we are indivisible. ◗


An Interview with Lucia Chiocchio

with the Land Use Law Center.Many people with engineer-ing backgrounds becomepatent lawyers, but I deter-mined that land use law wasa better fit for my backgroundand skills. And, thanks to therecommendation of ProfessorJohn Nolon, the director of theLand Use Law Center, I washired by Cuddy & Feder LLP. Istarted as an associate atCuddy & Feder after graduat-ing from Pace in 2001.

I consider myself fortunateto have a career at Cuddy &Feder. In addition to learningfrom some of the best land useand telecommunications law-yers in the NY metro area, I

from page 7 have a network of supportivecolleagues and mentors thatcare about my accomplish-ments and success.

And, the support I receiveas an active member of theWWBA continues to contributeto my successful career. In-volvement in the WWBA hasbeen instrumental in fosteringmy confidence, legal profi-ciency and professional rela-tionship skills.

Q: What activities are you in-volved in in the community?A: Throughout the year, I par-ticipate in and contribute tovarious charities such as theMaking Strides in Breast Can-cer walk, the National Brain

Tumor Society New York BrainTumor Walk, Back-to-SchoolClothes for Kids, the SalvationArmy Wish Upon a Star pro-gram and the Leukemia & Lym-phoma Society. I am also coun-sel to the White Plains Beautifi-cation Foundation, an indepen-dent, not-for-profit organizationthat encourages gardens andgreen spaces throughout theCity of White Plains.

Q: What would you like to ac-complish professionally andpersonally in the next fewyears?A: In general, my professionalgoal for the next few years is tocontinue to grow my land useand telecommunication prac-

tices. For me, every new mat-ter is an opportunity to furtherdevelop my legal skills and cli-ent connections. Therefore, asmy practice grows, so does myprofessional development. Ialso plan to stay an activemember of the WWBA andother professional organiza-tions that I am involved in, in-cluding the White Plains BarAssociation, the New YorkState Bar Association and theWomen in Wireless LeadershipForum.

My goals for my personallife include staying healthy (notso easy as I age..) and con-tinuing to make time for fam-ily and friends. ◗

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The Westchester Women’s Bar Association proudly welcomes our newest members:

Westchester Women’s Bar Association New Members

TO PROTECT THE PRIVACY OF OUR MEMBERS,THIS INFORMATION IS AVAILABLE TO MEMBERS OF THE WWBA ONLY.

REMEMBER, YOU CAN FIND THE WBASNY WEB PAGEAT WWW.WBASNY.ORG.

PLEASE REMEMBER TO RECYCLE

Connectwithus

WWBA Schedule of Upcoming EventsCOMMITTEE DATE/TIME PLACE TOPIC RSVP (also online at www.wwbany.org)

THE WWBA MEMBERSHIP PERIOD FORTHE WWBA MEMBERSHIP PERIOD FORTHE WWBA MEMBERSHIP PERIOD FORTHE WWBA MEMBERSHIP PERIOD FORTHE WWBA MEMBERSHIP PERIOD FOR2015-2016 BEGAN ON JUNE 1, 2015.2015-2016 BEGAN ON JUNE 1, 2015.2015-2016 BEGAN ON JUNE 1, 2015.2015-2016 BEGAN ON JUNE 1, 2015.2015-2016 BEGAN ON JUNE 1, 2015.

PLEASE RENEW YPLEASE RENEW YPLEASE RENEW YPLEASE RENEW YPLEASE RENEW YOUR MEMBERSHIP TOUR MEMBERSHIP TOUR MEMBERSHIP TOUR MEMBERSHIP TOUR MEMBERSHIP TODODODODODAAAAAY AY AY AY AY ATTTTTWWWWWWWWWWWWWWW.WWBANY.WWBANY.WWBANY.WWBANY.WWBANY.ORG.ORG.ORG.ORG.ORG

Unless otherwise indicated, events are for WWBA members and invited guests only.The opinions expressed by any program presenter are the presenter’s own, and do not reflect

the official position of the WWBA.

WWBA is a chapter of WBASNY, which is an approved provider of CLE credit. Full and partial scholarships for CLE programs basedon financial need are available. For information on the guidelines and procedures for applying, please contact the person running

the program. All requests are strictly confidential. All programs are for transitional credit unless the program states otherwise.

Board of Directors Meeting

9/2/15 5:30-8:00pm Light Supper

BNY Mellon 701 Westchester Ave White Plains, New York

Robin D. Carton [email protected] if you are unable to attend

Environmental & Land Use Committee

9/15/15 5:30-7:30 pm

La Bocca Ristorante 8 Church Street White Plains, NY

Updates in Planning and Permitting Mobile Broadband Infrastructure

Register at www.wwbany.org or e-mail [email protected]

Networking and New Lawyers Committee

9/24/15 5:30-7:30 pm

Elements Rooftop 161 Mamaroneck Ave. White Plains, NY

Meet the Board Networking Event

Register at www.wwbany.org or e-mail Patricia McCluskey at [email protected]

Matrimonial Committee 9/30/15 5:30 Registration 6-8 pm Program

Sam’s of Gedney Way 50 Gedney Way White Plains, NY

The New Maintenance Guidelines


Intellectual Property Committee

10/1/15 12-1:30 pm Brown Bag Lunch

Leeson Ellis, LLP One Barker Avenue, 5th Floor White Plains, NY

Recent Decisions Affecting Intellectual Property


Board of Directors Meeting

10/7/15 5:30-8:00pm Light Supper


Robin D. Carton [email protected] if you are unable to attend

Families, Children and the Courts Committee

10/14/15 5:15-5:45 pm Light Supper 5:45-7:45 pm Program

Sterling National Bank (Formerly Hudson Valley Bank) 21 Scarsdale Road Tuckahoe, New York

How to Introduce Documentary and Electronic Evidence at Trial


Breast Cancer Awareness Committee

10/18/15 9:30 am

Manhattanville College 2900 Purchase Street Purchase, NY

Making Strides Against Breast Cancer Walk—Team Orbach

Link to Join Team Orbach at https://wwbany.org/event-2016340

Domestic Violence Committee

10/22/15 5:30-7:30 pm

TBD TBD Register at www.wwbany.org or e-mail [email protected]

Education Law Committee 10/27/15 6-8 pm Light Supper

White and Williams, LLP 427 Bedford Road, Suite 250 Pleasantville, NY

Charter Schools Register at www.wwbany.org or e-mail [email protected]

Board of Directors Meeting and General Membership Meeting

11/4/15 5:30-6 pm Executive Board Meeting 6-8 pm General Membership Meeting


Human Trafficking Register at www.wwbany.org or e-mail [email protected]

Documents

Westchester Women’s Bar Association Sept 2015 NON Members.pdfThe Westchester Women’s Bar Association is a Chapter of the Women’s Bar Association of the State of New York n June