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Page 1Westchester Women’s Bar Association News
PRESIDENT’SMESSAGE
May is themonth in which wecelebrate Law Day, acommemoration ofthe rule of law andits contributions tothe freedoms that weas Americans enjoy.Law Day originatedin 1957, by theAmerican Bar Asso-ciation (ABA), as a special day for cel-ebrating our legal system. On Febru-ary 3, 1958, President Dwight D.Eisenhower established Law Day by is-suing a Presidential Proclamation to thateffect. Every President since then hasissued an annual Law Day Proclama-tion (you can find Presidential Procla-mations in the Federal Register).1
Each year, Law Day has a themethat is established by the ABA, and thisyear it is “American Democracy and theRule of Law: Why Every Vote Matters.”The ABA states, “As we approach the50th anniversaries of the Civil RightsAct of 1964 and the Voting Rights Actof 1965, the 2014 Law Day theme,American Democracy and the Rule ofLaw: Why Every Vote Matters, calls onevery American to reflect on the impor-tance of a citizen’s right to vote and thechallenges we still face in ensuring thatall Americans have the opportunity toparticipate in our democracy.”2 Wemust never take our right to vote forgranted, as there remains so many ob-stacles to vote throughout the world. Doyour part by learning about electionlaws or being a “poll watcher” in orderto make a difference within your own
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
t the WWBA’s April 10thGeneral MembershipMeeting, those in atten-
dance learned how the WWBAwas the start of Judith C.McCarthy’s upcoming career as aUnited States Magistrate Judge forthe Southern District of New York.According to Judge McCarthy,who spoke about her process ofbeing selected as a United StatesMagistrate Judge, it all beganwhen she received the email an-nouncement for the position forwarded to WWBA members from our President,Lisa M. Bluestein.
The program, which was co-sponsored by the White Plains Bar Associationand held at Graziella’s Restaurant in White Plains, was moderated by our mem-ber, Judge Lisa Margaret Smith. The program opened with remarks by WWBA
A
WWBAWestchester Women’s Bar Association
WWBAMAY 2014 www.wwbany.org
news
INSIDE THIS ISSUE SAVE THE DATE
Lucia Chiocchio
MAY 2014 Non-Party Disclosure – A
New Uniform Standard(page 6)
An Interview withStephanie Melowsky(page 9)
Chapter News andAnnouncements(page 10)
WWBA Upcoming Events(page 12)
continued on page 4 ➥
RIGHT OF ELECTION:INTEGRATING T&E
AND MEDICAIDCONSIDERATONS
May 20, 2014Purchase, New York
INCREASE YOURONLINE BUSINESS
PRESENCEMAY 1 and 15, 2014
Tarrytown, New York
WWBA General Membership MeetingVIEW FROM THE FEDERAL BENCH:MEET THE WHITE PLAINS JUDGES
WWBA ANNUALDINNER
JUNE 11, 2014Mamaroneck, New York
Lisa M. Bluestein
Lisa M. Bluestein, Hon. Nelson Román, Hon.Robert Drain, Hon. Paul Davison, Hon. LisaMargaret Smith, Hon. Judith McCarthy, Hon.Vincent Bricetti, Dolores Gebhardt, Donna E.Frosco, Lucia Chiocchio
Westchester Women’s Bar Association NewsPage 2
~ 2013/2014~ 2013/2014~ 2013/2014~ 2013/2014~ 2013/2014 Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~
WWBA Member Newsletter
Editor-in-Chief: Jennifer L. Gray • Designed and Printed by IPM Media Group, Inc. (516) 809-0501
MAMAMAMAMAY 2014Y 2014Y 2014Y 2014Y 2014Published Monthly by the
Westchester Women’sBar Association, a Chapter ofthe Women’s Bar Association
of the State of New York
2013-2014 WWBA Committee Chairs
© Copyright 2014 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.
PresidentPresidentPresidentPresidentPresident LISA M. BLUESTEINVice PVice PVice PVice PVice Presidentsresidentsresidentsresidentsresidents ROBIN D. CARTON LUCIA CHIOCCHIO ANN M. McNULTY
TTTTTreasurerreasurerreasurerreasurerreasurer JOELLE M. BURTON RRRRRecording Secretaryecording Secretaryecording Secretaryecording Secretaryecording Secretary LISA DENIGCorresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding Secretary JENNIFER L. GRAY Immediate PImmediate PImmediate PImmediate PImmediate Past Past Past Past Past Presidentresidentresidentresidentresident LONYA A. GILBERT
Elected DirectorsElected DirectorsElected DirectorsElected DirectorsElected Directors Westchester BoardKIM BERG KITLEY S. COVILL SHARI R. GORDON
DANIEL M. KOLKO JULIE P. PASSMAN
State DirectorsState DirectorsState DirectorsState DirectorsState Directors Women’s Bar Association of the State of New YorkADRIENNE J. ARKONTAKY GAIL M. BOGGIO KATHLEEN DONELLI
DOLORES GEBHARDT ERIN N. GUVEN JACQUELINE HATTAR JOY S. JOSEPHSTEPHANIE MELOWSKY 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. GeorgiouCareer & Professional Development ....... Amy E. Gewirtz, Adam J. KrimCorporate & Commercial ....................... Linda Alpert, Virginia TrunkesCriminal Law .............................................. Kitley S. Covill, Lisa Denig,
Hon. Sandra A. ForsterFamilies, Children & the Courts ........... Shari R. Gordon, Joy S. Joseph,
Alayne P. Katz, Hon. Irene RatnerGrievance/Ethics .......................... Kitley Covill, Hon. Janet M. DiFiore,
Erin N. Guven, Deborah A. ScaliseJudicial Screening .............. Loren I. Glassman, Hon. Sandra A. ForsterJudiciary .................. Hon. Delores Brathwaite, Hon. Linda S. JamiesonLawyering & Parenting ....................................... Adrienne J. Arkontaky,
Joelle M. Burton, Jana Kosberg-Kleidman
Legislation ............................................... Joelle M. Burton, Lisa DenigMatrimonial ................................ Dolores Gebhardt, Lonya A. Gilbert,
Patricia Hennessey, Georgia KramerMembership .......................................... Robin D. Carton, Helene CoteNetworking ................................... Jennifer L. Gray, Patricia McCluskeyNew Lawyers ................ Lisa N. Denig, Jennifer N. Netrosio, Ivana PericPrograms .............. Lisa Dorman, Susan D. Edwards, Dolores GebhardtPublic Relations .......................................................... Jennifer L. GrayReal Property ............................ Melanie Finkel, Hon. Sandra A. ForsterSponsorship ... Lisa M. Bluestein, Lucia Chiocchio, Stephanie MelowskyTaxation .............................................. Michael Riolo, Kristen RomanoTrusts & Estates ......................................... Rita K. Gilbert, Anna Parker,
Nancy J. Rudolph, Karen J. Walsh
Alternative Legal Careers .......... Susan D. Edwards, Stephanie MelowskyAnnual Dinner ............... Robin D. Carton, Lisa Denig, Jennifer L. Gray
Stephanie MelowskyAnnual Dinner Souvenir Journal ............................... Amanda C. FriedAppellate Practice ................... Hon. Mark C. Dillon, Daniel M. Kolko,
Hon. Sondra M. Miller, Hon. Robert A. SpolzinoArchive & Historian ...................................................... Susan L. PolletAwards .................................... Adrienne J. Arkontaky, Robin D. CartonBankruptcy ............................. Susan Mills Richmond, Wendy WeathersBreast Cancer Awareness ......... Roberta L. Michael, Adrienne J. OrbachCollaborative Law ............................ Kathleen Donelli, John J. Grimes,
Lynn J. MaierCommunity 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 Angley, Shari R. Gordon, Mary E. MorrisseyEmployment Law ....................................... Kim Berg, Hillary RaimondiEnvironmental & Land Use .......... Lucia Chiocchio, Anna L. Georgiou,
Katherine ZalantisGender Dynamics ....................................... Hon. Terry Jane RudermanGolf Outing ....................................... Gail M. Boggio, Barbara CurtisHoliday Party ... Dolores Gebhardt, Erin N. Guven, Jennifer N. Netrosio
Holiday Party/Crafts ................................................. Beth A. WillenskyInsurance ..................................... Joelle M. Burton, Barbara MatarazzoIntellectual Property .. Elizabeth M. Barnhard, 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, Lauren S. Morrissey,
Abby Rosmarin, Jane SilvermanMentor/Mentee Program ............................................ Lisa M. BluesteinNetwork of Bar Leaders ............................................... Gail M. BoggioPace Board of Visitors ....................... Gail M. Boggio, Lonya A. GilbertPast Presidents ............ Jane Bilus Gould, Mary F. Kelly, Linda MarkowitzPractice Management ...................... Jamieson Keiser, Wendy WeathersPro Bono ......................................... Patricia L. Angley, Carol NeiditchTechnology/Website .................................................. Lucia Chiocchio,
Theresa O’Rourke Nugent, Deborah A. ScaliseWBASNY Convention ................................................................... TBDWCBA Director ......................................................... Lonya A. GilbertMembers on WCA Board ........................................... Lucia ChiocchioWWBA Foundation President ............................................... Kim BergWBASNY Judicial Screening Committee Delegate ....... Gail M. BoggioWWBA Delegate to WBASNY Mentoring Program ................. Mary E. Morrissey
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Page 3Westchester Women’s Bar Association News
Editor’s Notefrom page 1President’s Message ○
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We welcome your submissions! The deadline for newsletter submissions is thetwelfth of the month prior to publication (submissions received after the twelfth of themonth are subject to the discretion of the editor). Submissions should be sent asemail attachments to: [email protected].
Articles should be 1,000 words or fewer. Please remove all pagination, head-ers, footers or other formatting, other than bold, underline or italics. We encourageauthors to submit their photographs for publication with their submissions. Authorsmust include a short biographical statement with their submissions. Materials sub-mitted allow the WWBA a limited copyright and full permission to reprint the mate-rial in any WWBA publication or on its website without additional consent.
Photographs must be high-resolution (150 dpi or more) and all persons ineach photograph fully identified. Photographs submitted without identifying theirsubjects will be rejected.
Please contact Jennifer L. Gray, 2013-2014 Corresponding Secretary and Editor-in-Chief of the WWBA Newsletter, by email ([email protected]) or telephone (914-946-4777) to schedule all WWBA sponsored or co-sponsored events, includingcommittee meetings, CLE programs, etc. To view existing event postings, first visitour website: www.wwbany.org and click on the calendar tab at the home page.Conflicts in scheduling will be assessed on a case by case basis, with priority forearly submissions. Once you have reserved the date with Ms. Gray, you can submitan event form online at our website´s calendar tab, which will publicize your eventon both the website calendar and in the printed newsletter calendar. We will alsoconsider event form submissions from outside organizations regarding upcomingevents that may be of interest to our members. An event recap form on the calendartab is available on the website as well, so that you can report on the success of yourevent and provide photographs of speakers and participants that can be includedin an upcoming newsletter.
Before a flyer can appear in the newsletter or on the website, it must be ap-proved by one of WWBA’s program chairs, so please submit your flyers to LisaDorman, Susan D. Edwards and Dolores Gebhardt far enough in advance of thetwelfth of the month to allow for review and approval.
We encourage members to receive newsletters electronically in an effort to“go green.” If you wish to make this change, e-mail Silvia Galgano [email protected]. ◗
Making Dates and Getting Published
You can fool some of the people some of the time, but you can’t foolmom. – Unknown.Happy Mother’s Day!
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 Jennifer L. Gray at (914) 946-4777 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
community.The WWBA will once again be pro-
viding local children with the opportunityto participate in Law Day celebrations. OnMay 28, 2014, children from YonkersSchool 23 will be able to tour the The Hon.Charles L. Brieant Jr. Federal Building andCourthouse; hear from the local FederalJudiciary, court personnel, and law en-forcement; as well as partake in some pizzaand snacks. This event is always well-re-ceived by the students and fun for theadults. The recommended age range forthe children is 10-14 years old. If you areinterested in having your child participate,contact Deborah Scalise to sign up([email protected]).
Our local Federal Judiciary was outin force at our April 10 General Member-ship Meeting. The event featured a pro-gram which was aptly titled “A View fromthe Federal Bench - Meet the White PlainsJudges.” U.S. District Court Judges VincentBriccetti and Nelson S. Román; U.S. Bank-ruptcy Court Judge, Robert D. Drain; andU.S. Magistrate Judges Paul E. Davison,Judith C. McCarthy, and Lisa MargaretSmith, all provided attendees with tips forbest practices and an inside look at whatit is like to be a jurist on the Federal Bench.Many thanks are due to Lisa Dorman andSusan D. Edwards for working on the event,for the White Plains Bar for co-sponsoringthe event, and most importantly, to Hon.Lisa Margaret Smith for putting togetherthe event.
At the General Membership Meeting,our members also cast their votes for theslate of Officers and Directors for the 2014-2015 term. Both the WWBA slate andWBASNY slate were approved. Congratu-lations to all on the slate, and you cancheer them on at their induction atWWBA’s Annual Dinner on June 11, 2014at the Mamaroneck Beach and Yacht Club(MBYC). If you have never attended aWWBA Annual Dinner, you are missing areal treat. It is an opportunity to spendsome quality time with those friends andcolleagues you keep promising to meet(when you find the time). If you can’t de-vote an evening, please consider attend-ing just the cocktail party. MBYC providesgreat food and space to allow you to net-
~ Jennifer
continued on page 10 ➥
Westchester Women’s Bar Association NewsPage 4
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
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MEET THE WHITE PLAINS JUDGESfrom page 1
President Lisa M. Bluestein,WWBA Past President andWhite Plains Bar AssociationTreasurer, Dolores Gebhardtand WBASNY PresidentDonna E. Frosco.
The opening remarkswere followed by helpful andinformative presentations bythe Judges. Judge Smith pro-vided valuable insight aboutsettlement and mediationand stressed the importanceof having settlement author-ity at settlement conferences.Judge Paul Davison ex-plained the process of howcases are assigned to Mag-istrate Judges and the differ-ence between designating acase to a Magistrate Judgeand having a case referredto a Magistrate Judge.Judge Davison also marveledat the numerous letters he re-
ceives from attorneys on adaily basis, including the lateFriday afternoon correspon-dence.
District Court JudgeNelson Román, who startedhis professional life as a NewYork City police officer, dis-cussed his “likes” and “dis-
Hon. Nelson Román
“District Court Judge NelsonRomán . . . discussed his ‘likes’
and ‘dislikes’ about practitionerswho appear before the federal bench
and reminded all attorneys thatit is critical to be prepared.”
Hon. Paul Davison Hon. Robert Drain
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continued on next page ➥
Page 5Westchester Women’s Bar Association News
BASHIAN & FARBER, LLP
_______________________________
WE PROVIDE PERSONALIZED AND SOPHISTICATED LEGAL
ADVICE IN THE FOLLOWING AREAS OF LAW:
WE ACT AS CO-COUNSEL AND TRIAL COUNSEL TO THE BAR
235 MAIN STREET 552 LAKE AVENUE
WHITE PLAINS, NY 10601 GREENWICH, CT 06830
(914) 946-5100 (914) 946-5100
www.BashianFarberLaw.com
TRUST AND ESTATE PLANNING
TRUST, ESTATE AND ACCOUNTING LITIGATION
GUARDIANSHIP AND GUARDIANSHIP LITIGATION ELDER LAW
NEGLIGENCE MATRIMONIAL & FAMILY LAW
LGBT LEGAL ISSUES
BUSINESS LAW
TAX LAW
COMMERCIAL LITIGATION APPELLATE PRACTICE
REAL ESTATE TRANSACTIONS &
LITIGATION
LEGAL MALPRACTICE
PPPPPresident:resident:resident:resident:resident: Irene V. Villacci (Nassau)PPPPPresident Elect:resident Elect:resident Elect:resident Elect:resident Elect: Andrea F. Composto (Brooklyn)Vice Presidents:Vice Presidents:Vice Presidents:Vice Presidents:Vice Presidents: Maureen Crush (Orange-Sullivan), AmyBaldwin Littman (Rockland) and Amy Saltzman (New York)TTTTTreasurer:reasurer:reasurer:reasurer:reasurer: Greta K. Kolcon (GRAWA)RRRRRecording Secretary:ecording Secretary:ecording Secretary:ecording Secretary:ecording Secretary: Jacqueline P. Flug (Bronx)Corresponding Secretary:Corresponding Secretary:Corresponding Secretary:Corresponding Secretary:Corresponding Secretary: Dierdre L. Hay (Finger Lakes)
President:President:President:President:President: Lucia ChiocchioVice Presidents:Vice Presidents:Vice Presidents:Vice Presidents:Vice Presidents: Kim Berg, Joelle M. BurtonAnn M. McNultyTTTTTreasurer:reasurer:reasurer:reasurer:reasurer: Robin D. CartonCorresponding Secretary:Corresponding Secretary:Corresponding Secretary:Corresponding Secretary:Corresponding Secretary: Jennifer L. GrayRecording Secretary:Recording Secretary:Recording Secretary:Recording Secretary:Recording Secretary: Lisa DenigState Directors:State Directors:State Directors:State Directors:State Directors: Kathleen Donelli, Dolores Gebhardt,Angela Morcone Giannini, Lonya Gilbert, JacquelineHattar, Joy S. Joseph, Stephanie Melowsky, Jennifer N.Netrosio, Adrienne J. Orbach, Susan Mills RichmondElected Directors:Elected Directors:Elected Directors:Elected Directors:Elected Directors: Gail M. Boggio, Shari R. Gordon,Erin N. Guven, Daniel M. Kolko, Julie P. Passman
WBASNY Officers ~WBASNY Officers ~WBASNY Officers ~WBASNY Officers ~WBASNY Officers ~
MEET THE WHITE PLAINS JUDGESfrom previous page
likes” about practitionerswho appear before the Fed-eral Bench and reminded allattorneys that it is critical tobe prepared. District CourtJudge Vincent Briccetti spokeabout successful trial prac-tice, which according toJudge Briccetti is simply amatter of having the law andfacts on your side. On a se-rious note, Judge Briccettiadvised that attorneysshould know the individualjudge’s practices when con-ducting a trial and that at-torneys need to ensure wit-nesses are available for trial.
Bankruptcy Court JudgeRobert Drain described thesimilarities and differences ofbankruptcy litigation com-pared to a District Court mat-ter and noted that bankruptcylitigation moves fast – much
faster than other DistrictCourt matters.
After their presentations,the Judges graciously an-swered questions and pro-vided constructive adviceabout dealing with pro-selitigants.
In addition to obtainingimportant information aboutthe Federal Bench, theWWBA members in atten-dance conducted importantWWBA business by voting inthe slate of officers for 2014-2015 listed in the sidebar.
Sincere thanks to JudgeSmith and President Lisa M.Bluestein for organizing aninformative program.Thanks also to the WWBAProgram Chairs, Susan D.Edwards and Lisa Dormanfor their coordination effortsfor yet another successfulprogram. ◗
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2014-2015 WWBA Officers ~2014-2015 WWBA Officers ~2014-2015 WWBA Officers ~2014-2015 WWBA Officers ~2014-2015 WWBA Officers ~
Westchester Women’s Bar Association NewsPage 6
April Litigation Tip
The recent decision of Kapon, et al. v. Koch, 2014 NY Slip Op 02327 (April 3, 2014) hasbrought consistency to a very basic area of litigation - non-party disclosure. The typical methodof obtaining non-party disclosure is by subpoena pursuant to CPLR 3101(a)(4). Until now, theJudicial Departments have been split on what circumstances or reasons are required before dis-closure from a non-party can be obtained. The Second and Third Departments have held that aparty seeking discovery from a non-party must meet the “material and necessary” standard andalso show that the disclosure sought could not be obtained from sources other than the non-party.The First and Fourth Departments, however, have generally adopted the material and necessarystandard with no other requirement.
The Court of Appeals in Kapon, supra, now makes it plain that the material and necessarystandard adopted by the First and Fourth Departments is the appropriate one and in keepingwith the State’s policy of liberal discovery. The Court further emphasizes that the words “mate-rial and necessary” as used in CPLR § 3101 must “be interpreted liberally to require disclosure,upon request, of any facts bearing on the controversy which will assist preparation for trial bysharpening the issues and reducing delay and prolixity.” Kapon citing Allen v. Crowell-Collier Pub-lishing Co., 21 N.Y.2d 403, 288 N.Y.S.2d 449 (1968). Thus, so long as the disclosure sought isrelevant to the prosecution or defense of an action, it must be provided by the non-party.
In Kapon, the issue was a non-party subpoena and motion to quash. The Court of Appealsgives us instruction as to the burden of proof on such a motion. The non-party bears the initialburden of proof on the motion to quash. The subpoenaing party is required to either state on theface of the subpoena or in the notice accompanying it, the circumstances or reasons such disclo-sure is sought or required. The subpoenaing party must include the notice information in thefirst instance. The Court explains that the subpoenaing party’s notice obligation, however, wasnever intended by the legislature to shift the burden of proof on a motion to quash from the non-party to the subpoenaing party. Rather, the notice requirement of the subpoena was meant toapprise a stranger to the litigation of the circumstances or reasons why the requested disclosurewas sought or required. In Kapon, the notice included the date, time and location of the deposi-tions and copies of the amended complaint detailing the relationship between the parties wasannexed as well. The Court held that the notice served the function intended by the legislature:it gave petitioner/non-party sufficient information to challenge the subpoenas on a motion toquash. (Noteworthy, is the footnote by the Court clarifying it is not to say a pleading will alwaysprovide sufficient notice, or that the only way the subpoenaing party can comply with the “cir-cumstances or reasons” notice requirement is to affix a copy of the pleadings to the subpoena.)Once the subpoenaing party met the minimal obligation of notice, it was then the non-party’sburden to establish entitlement to prevail on a motion to quash.
This decision ensures that litigants across the State will now have the same standard appliedto non-party disclosure and subpoenas.
✦✦✦✦✦ TOPIC: NON-PARTY DISCLOSURE – A NEW UNIFORM STANDARD
Written by Angela Morcone Giannini, Co-Chair, Litigation CommitteeOther Co-Chairs: Jacqueline Hattar & Kimberly Sheehan
Page 7Westchester Women’s Bar Association News
Mandatory Pro Bono ReportingRequirements
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The Foundation’s ThirdAnnual “Mocktail”Kim Berg
On behalf of the WWBA Foundation’sBoard of Directors, we wish to express ourheartfelt appreciation and gratitude to eachof our Mocktail Sponsors. Thank you.
Benefactors:Benefactors:Benefactors:Benefactors:Benefactors: Gould & Berg, LLP; JacksonLewis P.C.; Kramer Kozek LLP; Rosenthal &Markowitz, LLP
FFFFFriends:riends:riends:riends:riends: Carton & Rosoff P.C.; Clark Gagliardi& Miller, P.C.; Glassman & Brown, LLP; AnnetteHasapidis, Esq.; Keane & Beane, P.C.; Christo-pher Mangold, Esq.; Markhoff & Mittman, P.C.;Silberberg Zalantis LLP; Traub Lieberman Straus& Shrewsberry LLP.
It’s not too late to make your“Mocktail” donation. You can still donateonline at the WWBA’s website. Click on“Foundation” and then “Mocktail Party,”which will bring you to the RSVP page.There you will find a “click here” link atthe very bottom. Donations can also besent by mail to: Kim Berg, Esq., WWBAFoundation, c/o Gould & Berg, LLP, 222Bloomingdale Road, White Plains, NewYork 10605. ◗
On May 1, 2013, Chief JudgeLippman and the Presiding Justices of theAppellate Division announced that everyattorney admitted to practice law in NewYork must report the following when filingtheir biennial attorney registration:
(1) The number of hours voluntarilyspent providing unpaid legal servicesto poor and underserved clients dur-ing the previous biennial registrationperiod; and(2) The amount of voluntary finan-cial contributions made to organiza-tions primarily or substantially en-gaged in providing legal services tothe poor and underserved during theprevious biennial registration period.
Section 118.1(e)(14) of the Rules of the ChiefAdministrator (22 NYCRR Part 118).
This new mandatory reporting require-ment was instituted concurrently with anamendment to Rule 6.1 of the Rules of Pro-fessional Conduct (22 NYCRR Part 1200),which increased from 20 hours to 50 hours
the amount of annual pro bono servicesthat lawyers are encouraged to provide.According to Chief Judge Lippman, thenew reporting requirements and amend-ments to Rule 6.1 are based on recom-mendations of the Task Force to ExpandAccess to Civil Legal Services in New York(“Task Force”). The Task Force found agap in meeting the legal needs of low-in-come New Yorkers. The new rules are in-tended to promote increased pro bonoservices by admitted attorneys to addressthis need. The Task Force also noted thatwith these new rules, New York joins sevenother states that have implemented probono reporting requirements.
These new rules were implementedonly a year after the 50-hour pro bonorequirement for admission to the New YorkState Bar. New York is the only state withthis admission requirement.
The Office of Court Administration pro-vided some guidance on the types of probono legal services and contributions thatshould be reported under the new rule in
continued on page 8 ➥
Lucia Chiocchio
Westchester Women’s Bar Association NewsPage 8
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The Westchester Women’s Bar Associationrequests the pleasure of your company at its
Annual Dinnerand installation of Officers
June 11, 2014June 11, 2014June 11, 2014June 11, 2014June 11, 2014Mamaroneck Beach and Yacht Club
5:30PM cocktails
7:00PM dinner
RSVPs to Lisa Denig, Esq., (347) 837-1290
$150 per person if RSVP postmarked by May 12, 2014, $160 thereafter$1,300 for table of 10 if RSVP postmarked by May 12, 2014
$90 per person for cocktails and networking only
�
Westchester Women’s Bar AssociationAnnual Dinner/Souvenir Journal
June 11, 2014Mamaroneck Beach & Yacht Club
Subscription Agreement for Advertising
_____ Outside Back Cover (4.5” x 7.5”) $1,000.00
_____ Inside Back Cover (4.5” x 7.5”) $600.00
_____ Inside Front Cover (4.5” x 7.5”) $600.00
_____ Gold Page (4.5” x 7.5”) $400.00
_____ Full Page (4.5” x 7.5”) $350.00
_____ Half Page (4.5” x 3.75”) $200.00
_____ Quarter Page (4.5” x 1.875”) $150.00(Business Card Size)
** Deadline for receipt of ad copy is May 12, 2014 **Send subscription form and ad copy via e-mail only, and mail thisform and check made payable toWestchester Women’s Bar Association to: Amanda Fried, Esq.,c/o Carton & Rosoff, PC, 150 Grand Street, Suite 305,White Plains, New York 10601 or [email protected].
Advertiser’s Name________________________________________
Address________________________________________________
Telephone____________________ Fax______________________
SOLD
KEYNOTE SPEAKER: HON. JENNY RIVERAKEYNOTE SPEAKER: HON. JENNY RIVERAKEYNOTE SPEAKER: HON. JENNY RIVERAKEYNOTE SPEAKER: HON. JENNY RIVERAKEYNOTE SPEAKER: HON. JENNY RIVERAASSOCIATE JUDGE OF THE COURT OF APPEALSASSOCIATE JUDGE OF THE COURT OF APPEALSASSOCIATE JUDGE OF THE COURT OF APPEALSASSOCIATE JUDGE OF THE COURT OF APPEALSASSOCIATE JUDGE OF THE COURT OF APPEALS
a Frequently Asked Question (“FAQ”) guide available at https://www.nycourst.gov/attoreny/probono/reportingreq-faqs.shtml.
This guidance document indicates that providing legal ser-vices on corporate governance and transactional matters for not-for-profit organizations which provide service to the poor are re-portable. However, if this organization does not provide legalservices to the poor, financial contributions to this organizationare not reportable. Only contributions to organizations that pro-vide legal services to the poor qualify are reportable.
With respect to pro bono services provided by a firm, if,collectively your firm provides an excess of 50 hours of pro bonoservices, but you personally did not contribute to that effort, youcannot report a portion of the firm service. Only legal servicespersonally provided by the attorney to a pro bono client or orga-nization are reportable. However, firm financial contributions tolegal services organizations serving the poor may be allocated bythe firm to individual members.
It is also noteworthy that charitable service in the communitythat does not include legal services, such as volunteering at afood bank, does not qualify as reportable pro bono legal ser-vices. Further, government employment is not reportable probono service.
Exemptions from the reporting requirements include attor-neys “employed by an organization primarily or substantially en-gaged in the provision of pro bono legal services” and attorneyswho are retired from the practice of law under Part 118.
Pro Bono Reporting Requirementsfrom page 7
continued on page 10 ➥
Page 9Westchester Women’s Bar Association News
An Interview with Stephanie Melowsky
Q: As the Co-Chair of theDiversity in MembershipCommittee, what are thehighlights of the Committee’sactivities from this past year?A: The Diversity in Member-ship Committee’s annual lec-ture series featured Keynotespeaker Honorable SheilaAbdus-Salaam, AssociateJudge, NY State Court of Ap-peals which was held on De-cember 9, 2013 at the WhitePlains offices of Wilson Elser.We were very honored andexcited to have her comeshare her story about the ob-stacles she faced and howshe made it to the highestcourt in the state. The lectureseries also featured the Hon-orable La Tia W. Martin, Jus-tice, Supreme Court, BronxCounty who organizes a won-derful Summer Justice Acad-emy for young women fromthe Bronx and Westchester. Imet both Judge Abdus-Sa-laam and Judge Martin whenI was asked to teach a ses-sion on finance and bankingat the Summer Justice Acad-emy. Jacqueline Hattar (co-chair of the Diversity in Mem-bership Committee and part-ner at Wilson Elser) and Ispoke as part of the lecturesseries, as well. The Diversityin Membership Committeehopes to inspire other attor-neys to participate in the dis-cussion and bring sugges-tions for new types of pro-grams that they would like tosee from the Committee in thefuture.
Q: Why did you becomeactive in the WWBA, andwhat do you hope to achieve
the confidence to take risks andstrive to reach my highest po-tential. The personal relation-ships that I have developedwithin the WWBA are also ex-tremely valuable to me becauseI respect my fellow membersand I am honored to call themmy friends.
Q: Tell us about your careeras an attorney for a bank, andwhat led you there?A: Actually, I am an attorneythat works for a bank. It is partof the reason I am also co-chairof the Alternative Careers forAttorneys Committee. My bank-ing career started when a friendwho knew I was responsible andhard-working recommendedme to a relative that needed aclerk for the commercial lend-ing department of the bankwhere she was employed (firstlesson in the value of network-ing!). There I began learningabout the world of commercialreal estate investment and I fellin love with it! I worked withmany different professionals,including attorneys, and wasimpressed by the process andability to make residual income
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Susan L. PolletChair of the Archive andHistorian Committee
by being an active member?A: I became active in theWWBA when I was still in lawschool. I worked full time andwent to law school at night so Idid not really have time formany school organizations.However, I knew that network-ing was a very important as-pect of any professional career,so I went to the WWBA forguidance and I found lots of it!It also helped that membershipfor students was and still is free!As a law student the WWBAwelcomed me with open armsand even allowed me to co-chair the Diversity in Member-ship Committee! I was so hon-ored and excited that I did ev-erything in my power to makesure the Committee was active.Because I did not know muchabout running a committee, Iwent to other diversity commit-tees for ideas and was immedi-ately able to co-sponsor a Di-versity Expo at Pace Law Schoolwhich was a wonderful experi-ence. I began to meet so manyattorneys and they all were ex-cited to work with the WWBA.This helped me professionallyand personally as it gave me
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“When I am not working Iabsolutely love volunteering at
Pets Alive West . . . There, I notonly get to hang out with furry
little treasures that desperatelyneed the love and companionship,
but I also get great outdoorexercise by walking dogs along
the Putnam County trail.”Stephanie Melowsky
continued on page 11 ➥
from a piece of real estate thatis managed well. From thereI worked my way up the lad-der and received several pro-motions and higher level po-sitions from other banks. Af-ter I graduated from college,while working full time, I madethe decision to go to lawschool and continue workingfull time. At this time I was acommercial real estate under-writer and I knew that even ifI did not decide to practicelaw, the law degree and li-cense would be beneficial andmarketable, and it worked outwell. I was approached bymy current employer, CMSBank, after I graduated whenthe job market was at its low-est, to work for them as a loanofficer because I had connec-tions both to the bankingworld and the legal world. Iwas flattered that I was beingoffered a wonderful opportu-nity in the troubled marketand seized the opportunity. Asa loan officer I am very care-ful to disclose that I am notrepresenting the bank as anattorney and I utilize outsidecounsel on behalf of the bankfor all of my closings. How-
Westchester Women’s Bar Association NewsPage 10
Chapter News and Announcements
Announcements & Notes on Members❑ Lisa M. BluesteinLisa M. BluesteinLisa M. BluesteinLisa M. BluesteinLisa M. Bluestein is proud to announce the launch ofLaw Offices of Lisa M. Bluestein, LLC’s new websitewww.lisabluesteinlaw.com. Law Offices of Lisa M. Bluestein,LLC, located in White Plains, focuses on Commercial Litiga-tion, Construction, and Corporate matters.
❑ Jennifer L. GrayJennifer L. GrayJennifer L. GrayJennifer L. GrayJennifer L. Gray is pleased to announce that she hasbeen selected to receive the Business Council of Westchester’sRising Star: 40 Under 40 Award. ◗
Become a NewMember Today
The advantages of joining the
Westchester Women’s Bar Association are
countless. We were founded in 1974, and
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 pro-
fessors, public officials and public employ-
ees.
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 3,900 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. ◆
ClassifiedAV rated law firm located on Main Street in White Plains has two attractive
windowed offices (13’6“ x 9’6”) available (one office cornered) in Class “A”office building within walking distance to courthouses and train. Use of confer-ence rooms and kitchen. (914) 681-6006. ◗
work to your heart’s content; all with a beautiful view of the Long Island Sound as abackdrop.
Fear not dear members, as there is plenty to do before the Annual Dinner. As ofthis writing, we have several great programs planned. On May 1 and 15, 2014, thePractice Management and New Lawyers Committees will be presenting “Discover Howto Increase Your Online Business Presence,” with Part 1 having CLE Ethics credits andfocusing on Ethical Guidelines and Finding Your Voice, and Part 2 focusing on Con-tent Development, Social Media Strategy, and General Online Tips. Part 1 and Part 2will take place at Ruth’s Chris Steakhouse in Tarrytown, so both useful information anddelicious food are expected. On May 20, the Trust & Estates and Elder & Health LawCommittees will be presenting the CLE - “Right of Election: Integrating Trust & Estatesand Medicaid Considerations in Your Planning and Application.”
Of course, May also is the time to celebrate the mothers in our life, so to all of themoms out there, including our WWBA foremothers, thank you for all that you havedone, and have a very happy Mothers’ Day! ◗
President’s Messagefrom page 3
1 http://www.loc.gov/law/help/commemorative-observations/law-day.php2 http://www.americanbar.org/groups/public_education/initiatives_awards/law_day_2014.html
Jennifer L. Gray
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Pro bono legal services are only those services provided without expectation ofreceiving a fee. Thus, if an attorney provides legal services with the expectation ofreceiving payment, but later was unable to collect their fee, these services do notqualify as reportable pro bono service. If arrangements are made after engagement oflegal services to provide services without compensation, only the period in which theattorney expects no compensation qualifies as pro bono legal service.
To address some of the concerns of these new rules, WBASNY, under the leader-ship of President Donna E. Frosco, created a task force to examine these new require-ments and to formulate public comments. The leader of the WBASNY Task Force isWWBA’s own Deborah A. Scalise, ethics guru, who will serve as chair. Stay tuned formore information and the WBASNY Task Force comment on these mandatory probono reporting requirements. ◗
Pro Bono Reporting Requirementsfrom page 8
Page 11Westchester Women’s Bar Association News
The Westchester Women’s Bar Association proudly welcomes our newest members:
Westchester Women’s Bar Association New Members
An Interview with Stephanie Melowskyfrom page 9 ○
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“I became active in the WWBAwhen I was still in law school . . .
I went to the WWBA forguidance and I found lots of it!
ever, my clients, their attor-neys and the attorneys thatrepresent the bank appreci-ate the fact that I am an at-torney because I bring a levelof understanding that not allloan officers can offer. Thelanguage that attorneys useis often foreign to non-attor-neys and I am always very re-spectful of the time constraintsthat attorneys suffer as well.Also, after being trained asan attorney, I am attuned toissue spotting which is ex-tremely important when origi-nating a commercial loan fora bank. I also enjoy develop-ing relationships with attor-neys that choose to open ac-counts with the bank becausethey appreciate that a fellowattorney is handling their ac-count and understands theirneeds.
Q: How do you spend yourtime when you are not work-
ing?A: When I am not working Iabsolutely love volunteeringat Pets Alive West (formerly theElmsford Animal Shelter).There, I not only get to hangout with furry little treasuresthat desperately need thelove and companionship, butI also get great outdoor ex-ercise by walking dogs alongthe Putnam County trail.Sometimes I cannot believethey let me do it for free! Andit’s actually considered “vol-unteer” work. I enjoy spend-ing time with the animals somuch that I have already res-cued two of them myself(Hobo and Chewy) and may
rescue more when I find alarger home. I also lovedancing salsa and hip hopand taking zumba! I spend alot of time in White Plains asI live and work there and Iam planning my wedding forAugust of 2014!
Q: How do you plan to ex-pand what you are doing per-sonally and professionally inthe coming years?A: I plan on continuing towork with the WWBA to con-tinue making great connec-tions, connect other people,and create wonderful eventsto educate and influence thelegal community. I enjoy
working in investment realestate and hope to buy myown real estate investmentsin the future. However, fa-cilitating my clients and thebank is always my priorityand I take great pleasure inhelping small businessesand investors get a greatdeal and enjoy joining thebank’s family.
Q: You are the Co-Chair ofthe Annual Dinner. Any spe-cial surprises for 2014?A: The annual dinner is al-ways such a wonderful eventand it’s our goal to top eachyear. This year we are veryexcited to have the honor ofpresenting the HonorableJenny Rivera, Associate Judgeof the New York State Courtof Appeals, as our Keynotespeaker. The Annual Dinnerand Installation of Officers willbe held at MamaroneckBeach & Yacht Club on June11th. It is an event thatshould not be missed! ◗
TO PROTECT THE PRIVACY OF OUR MEMBERS,THIS INFORMATION IS AVAILABLE TO MEMBERS OF THE WWBA ONLY.
Westchester Women’sBar Association
P.O Box 926Hartsdale, New York 10530
(914) 347-3662www.wwbany.org
REMEMBER, YOU CAN FIND THE WBASNY WEB PAGEAT WWW.WBASNY.ORG.
PLEASE REMEMBER TO RECYCLE
First Class MailU.S. Postage
PPPPPAIDAIDAIDAIDAIDHicksville, NYPermit # 842
Connectwithus
WWBA Schedule of Upcoming EventsCOMMITTEE DATE/TIME PLACE TOPIC RSVP
New Lawyers Practice Management
5/1/14 5:30-8:00pm 1 CLE Ethics Credit $60 payable at door
Ruth’s Chris Steakhouse 670 White Plains Road Tarrytown, New York
Discover How to Increase Your Online Business Presence Part 1: Ethical Guidelines and Finding Your Online Voice
Jennifer Netrosio [email protected] RSVP by April 25
Board of Directors Meeting
5/7/14 5:30-8:00pm Light Supper
BNY Mellon 701 Westchester Ave White Plains, New York
Lisa M. Bluestein, Esq. [email protected] if you are unable to attend
New Lawyers Practice Management
5/15/14 6-8:00pm $50 payable at door
Ruth’s Chris Steakhouse 670 White Plains Road Tarrytown, New York
Discover How to Increase Your Online Business Presence Part 2: Content Development, Social Media Strategy, and General Online Tips
Jennifer Netrosio [email protected] RSVP by May 9
Trusts & Estates Elder & Health Law
5/20/14 8:00 a.m. Registration & Continental Breakfast 8:15-10:15 a.m. Program $30 Members $40 Non-Members 2 CLE Credits pending
Morgan Stanley 2000 Westchester Avenue Suite 1NC Purchase, New York
Right of Election: Integrating Trusts & Estates and Medicaid Considerations in Your Planning and Application
Liz Mulvaney [email protected] (914)251-1115 RSVP by May 19 @ noon ($5 late RSVP fee)
Annual Dinner & Installation of Officers
6/11/14 5:30 p.m. Cocktails 7:00 p.m. Dinner See invitation on page 8
Mamaroneck Beach & Yacht Club 555 South Barry Avenue Mamaroneck, New York
Annual Dinner & Installation of Officers Keynote Speaker: Hon. Jenny Rivera Associate Judge of the New York State Court of Appeals
Lisa Denig (347) 837-1290
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 based on financial
need are available. For information on the guidelines and procedures for applying, please contact the person running the program. All requests arestrictly confidential. All programs are for transitional credit unless the program states otherwise.
