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Permit No. 416
Vol. 48 | No. 1 | September 2008
Bar Association of Erie County
BULLETIN
w w w. e r i e b a r. o r g
President’s Letter
By Giles P. Manias
Advocacy Goes to the Movies: CLE Program Uses Silver
Screen to Spotlight Best and Worst Trial Techniques
What do My Cousin Vinny
and Atticus Finch have in common? A lot more than you might
think, according to nationally
known lecturer and author
Ronald H. Clark. While Atticus
Finch’s closing argument in To
Kill a Mockingbird continues to
inspire viewers to attend law
school, the cross examinations in
My Cousin Vinny – while hilariously funny – offer equally compelling examples of
excellent lawyering.
President’s Letter
I am enjoying my first few weeks as president.
So many people go out of their way to say “hi.” I
have gotten notes and letters wishing me well and
giving me encouragement. It all makes me feel
good. As Mel Brooks said about his lascivious
behavior in History of the World, Part I, “It’s good
to be king.”
You may not be aware that becoming president
of the BAEC automatically makes me a member
of the House of Delegates of the NYSBA, as well as
a member of the National Council of Bar
Presidents of the ABA, and also a member of the
Conference of Metropolitan Bar Associations.
These groups try to marshal the issues facing
lawyers throughout the state and the country.
They try to address the developing issues in a
coherent, intelligent manner, so that our voice, as
determined by our board of directors, is heard. It
is generally interesting stuff, but too much to discuss in this column. But there is always something
to learn.
As your president, I also get to be spokesperson
for the Association, which means that I get the
calls from the media on whatever topic requires a
quote or sound bite. My first call came the same
day I was sworn in. I happened to be moving my
office that day as well. I got a call saying that the
WGRZ-TV news crew was on their way to my
office to interview me about a decision in New
York Supreme Court concerning judges’ salaries.
At that moment, I was standing on the windowsill
of my office, trying to install blinds. I was wearing jeans and an old golf shirt, and there was no
place to stand in my offices because of the stacked
boxes we were sorting through. My secretary ran
to the dry cleaners, where I had a sport coat,
while I called around the state to get a copy of the
decision. The next day, the only comment I got
about the interview was, “It was fine, but what
the heck were you wearing?!”
continued on page 4
Clark is the distinguished practitioner in residence at
Seattle University Law School, where he teaches pretrial and trial courses. A former senior training counsel
for the National College of District Attorneys at the
National Advocacy Center, he previously spent 27 years
in the King County (WA) prosecutor’s office. Clark
served as senior deputy prosecutor, head of the trial
teams and, for 10 years, as chief deputy of the criminal
division, leading over 115 attorneys.
He will be in Buffalo on September 12 to present
an entertaining and enlightening program entitled
“Advocacy Goes to the Movies” from 9:00 a.m. to 1:00
p.m at the Buffalo/Niagara Marriott. The seminar will
address everything from formulating a theme (think
“it’s a sin to kill a mockingbird”) to developing your
closing argument.
“Whatever you do, don’t be boring!” Clark advises.
Clearly following his own advice, Clark engages participants in his seminars by showcasing clips from such
films as Anatomy of a Murder (which he considers to be
“the best trial movie ever made”), A Few Good Men,
The Staircase, Murder on a Sunday Morning and more.
Plus there will be movie trivia and prizes!
Clark uses movies in his lectures because they “often
provide accurate illustrations of the best and worst trial
techniques and strategies.” Secondly, “both movie
making and trial practice are very much about storytelling,” he maintains, noting that “movies tend to be
fictionalized while trial work is more like a documentary.” And as John Quincy Adams (played by Anthony
Hopkins in Amistad) once said, “Whoever tells the best
story wins!”
Himself a master storyteller, Clark has written and
produced the movies that accompany his Pretrial and
Trial Advocacy books (see full details on page 6). His
full-length movie, entitled The Freck Point Trial, is a
trial advocacy training film that features celebrated
true crime author Ann Rule, along with demonstrations
of all phases of trial by veteran trial lawyers.
Clark is the recipient of numerous awards, including
the Distinguished Faculty and Lecturer of Merit
Awards from the National College of District Attorneys,
the Dean’s Award of Honor and the President’s Award
continued on page 6
Judicial Candidates Luncheon Scheduled for October 28
As of press time,
President Giles P. “It’s
Good to be King” Manias
had just coerced Hon.
Frank “Dean Martin”
Caruso into once again
manning the bully pulpit
as roastmaster at this
year’s Judicial Candidates
Luncheon, scheduled for
Tuesday, October 28 at
Caruso
the Hyatt Regency beginning at 12:00 noon. Caruso (who shamelessly pleaded
with us to use this space to remind his lovely wife Paula
that he and Judge Sconiers were only kidding when
they publicly discussed their engagement) was chosen
because Manias and his so-called “committee” found
that Caruso’s written opinions made him “the only logical choice.” Also, since this is the first time in 25 years
that Caruso hasn’t been campaigning for judicial office,
his not-so-confidential law clerk suggested that the
esteemed jurist was “downright lonesome and desperately needs something to get him out of here,” adding
a whispered “Please. I’m begging you.”
The so-called “writing committee” allegedly consists
of such legendary legal humorists as Hon. Jeremiah “JMac” McCarthy, Rod “Crazy Legs” Quebral, Stu “You
Should Excuse” Shapiro, noted Pigott roaster Paul
Jones, Hon. Tim “Elvis” Franczyk, Neil “Orson Welles”
Garvey, Sharon Not-So-Stern Gerstperson, Diane
“Mon Cheri” LaVallee and “anybody else I can
scrounge up,” Manias said in what he mistakenly
believed was an “off the record” comment.
So don’t deprive yourselves of any excitement, folks.
Save the date and watch this space for further details if and when they ever become available. And it was a
joke, Paula. Honestly. Please come home now, the kids
really miss you.
[B]
Stay Healthy This Winter
The Visiting Nursing Association will be at the
Bar Association offices on Wednesday, October 22nd
from 9:00 a.m. to 3:00 p.m. to administer flu and
pneumonia shots for members and their employees.
Call 852-8687 for further details.
PAGE 2
www.eriebar.org | September 2008
Vol. 48 | No. 1 | September 2008
BAR ASSOCIATION OF ERIE COUNTY
Organized 1887
438 Main Street, Sixth Floor | Buffalo, New York 14202
(716)852-8687 | fax (716)852-7641 | www.eriebar.org
Bulletin correspondence: obrian@eriebar.org
EDITORIAL BOARD
Editor ............................................Bonnie D. O’Brian
Law Editor ....................................Jeffrey A. Spencer
Tax Notes Editor ..........................Gary D. Borek
Art Editor ....................................Hon. David J. Mahoney
(1960-2008)
Editorial Assistant ........................Susan L. Kohlbacher
OFFICERS AND DIRECTORS | 2008-2009
President ......................................Giles P. Manias
Vice President ..............................Robert N. Convissar
Treasurer........................................Dennis J. Bischof
Deputy Treasurer ..........................Laurie Styka Bloom
Executive Director........................Katherine Strong Bifaro
BOARD OF DIRECTORS
Leonard Berkowitz, John V. Elmore, Patrick J. Maloney, Candace K. Vogel,
Jill K. Bond, Robert J. Feldman, Glenn Edward Murray, Shari Jo Reich,
Peter F. Brady, Brian C. Mahoney, Nancy W. Saia, Kathleen M. Sweet.
LIFE MEMBERS
Mark A. Adrian, Carol J. Alaimo, Brian D. Baird, Lynn A. Clarke, William J.
Cunningham, Eric P. Doherty, Victor J. Gagliardi, Sharon Stern Gerstman,
Jean E. Gittler, Donald J. Holzman, Stanley Kwieciak III, J. Eldon Owens,
Lauren D. Rachlin, Jeffrey A. Spencer, James M. Wadsworth.
If you wish to upgrade to contributing member status, please
indicate on your dues renewal or call our offices at 852-8687
for further details.
~ Giles P. Manias
CONTRIBUTING MEMBERS
Joan Casilio Adams, Peter S. Aiello, Donald A. Alessi, Grace Marie Ange,
Richard J. Attea, Hon. Rosalie M. Stoll Bailey, Stephen E. Barnes, Edwin T.
Bean, Jr., Thomas R. Beecher, Jr., Ronald P. Bennett, Leonard Berkowitz,
David W. Beyer, Richard S. Binko, Richard N. Blewett, Michael M. Blotnik,
Frank J. Boccio, Harold J. Brand, Jr., Peter J. Brevorka, Phillip Brothman,
James E. Brown, T. Alan Brown, Joel Brownstein, David Buch, Sarah Hill
Buck, James P. Burgio, Michael C. Burwick.
John F. Canale, James N. Carlo, John J. Carney, Peter B. Carr, Alan S. Carrel,
Francis X. Carroll, Thomas R. Cassano, Stephen E. Cavanaugh, Ferdinand
J. Ciccarelli, John F. Collins, William B. Collins, Anthony J. Colucci, Jr.,
Robert B. Conklin, Robert N. Convissar, Edward C. Cosgrove, Peter L.
Costa, Paul Crapsi, Jr., Douglas S. Cream, Hon. John T. Curtin, Steven P.
Curvin, Roger T. Davison, Dennis J. Dee, John M. Dempsey, Richard F.
DiGiacomo, Anne C. DiMatteo, Robert G. DiVita, David A. Doll, Dean M.
Drew, Hon. Timothy J. Drury, Marvin T. Dubin, Robert E. Dwyer, Donald B.
Eppers, Leo J. Fallon, Victor N. Farley, Mark G. Farrell, Gabriel J. Ferber,
Michael E. Ferdman, Robert P. Fine, Peter J. Fiorella, Jr., Brian P. Fitzgerald,
Thomas P. Flaherty, Richard E. Forrestel, Sherwood E. Freed, Jeffrey M.
Freedman, Maryann Saccomando Freedman, Robert Friedman, John J.
Fromen.
Thomas J. Gaffney, Arnold B. Gardner, William H. Gardner, Eugene M.
Gaughan, Stuart A. Gellman, Robert M. Goldstein, Wayne R. Gradl,
Josephine A. Greco, Hon. Samuel L. Green, John C. Grennell, Richard F.
Griffin, Lowell Grosse, John J. Gruber, Mark W. Hamberger, F. Bernard
Hamsher, Barbara Ellen Handschu, Thomas J. Hanifin, Charles F.
Harrington, James P. Harrington, John E. Haslinger, Mary Louise Hayden,
Herbert J. Heimerl, Jr., William R. Hites, Susan S. Hogan, Edwin P. Hunter,
Melvyn L. Hurwitz, David Jay, Norman E. Joslin, James B. Kane, Jr., Judith
D. Katzenelson, Daniel L. Kaye, Christopher C. Kerr, James J. Kirisits,
William J. Kita, Wells E. Knibloe, Christian G. Koelbl III, Dan D. Kohane,
Ellen M. Krebs, Karl W. Kristoff, Thomas E. Krug.
Letters to the Editor
Dear Editor:
Carl P. Paladino, Frank R. Papa, Thomas C. Pares, James A. Partacz, Robert
E. Pearman, Hon. Erin M. Peradotto, Robert H. Perk, Jeffrey A. Perla, Jr.,
Joel M. Poch, Francis B. Pritchard, Samuel G. Puleo, Theodore J. Pyrak,
William T. Quigley, James P. Renda, Mary K. Roach, Earl T. Robinson III, Jay
N. Rosenthal, Marcella Rosinski, Hon. Mario J. Rossetti, Victor A. Rossetti,
Richard P. Rosso, Arthur J. Rumizen, Ross L. Runfola, Louis J. Russo,
Thomas Santa Lucia, Edward J. Schwendler, Jr., Richard B. Scott, Eugene
M. Setel, Donald P. Sheldon, Richard J. Sherwood, Irving M. Shuman,
David Siegel, Louis H. Siegel, Myron M. Siegel, Robert G. Sillars, Richard
Charles Slisz, Charlotte Smallwood-Cook, Oscar Smukler, Isadore Snitzer,
Robert B. Sommerstein, Christopher A. Spence, Gregory Stamm, Robert S.
Stephenson, E. W. Dann Stevens, David G. Stiller, Milton J. Strebel, David
L. Sweet.
Dominic J. Terranova, Phillip A. Thielman, Gordon D. Tresch, Daniel G.
Tronolone, Thomas V. Troy, Frederick D. Turner, Dimitri J. Tzetzo, Peter A.
Vinolus, Joseph C. Vispi, Coleman Volgenau, Dale M. Volker, Matthew X.
Wagner, Jr., James R. Walsh, John B. Walsh, Neil Weinberg, Peter C. Wiltse,
Douglas L. Winokur, Wayne D. Wisbaum, Raymond V. Wylegala, Richard D.
Yellen, George M. Zimmermann, H.A. Terri Zionts.
The rejection of Buffalo career prosecutor, William J.
Hochul, Jr., for a top terrorism post because of his
wife’s non-Republican and non-conservative views
was not only illegal, it led to the appointment of an
unqualified candidate. By promoting ideology over
integrity, the Bush administration has caused longterm damage to our legal system and our ability to
fight terrorism.
I just want to take this opportunity to commend
Kevin Kearney, Esq.; Bethany Gilbert, Esq.; and
Jennifer Mucha, Esq., of Hodgson Russ for their
extraordinary handling of my case, a very detailed
Medicaid issue, referred to them in September ‘07
through Neighborhood Legal Services. Also, their
respective secretaries - Colleen, Yvonne, and Melina always are very professional and helpful.
Glenn Edward Murray
Buffalo
As a former court reporter with 27 years of experience, having worked with thousands of attorneys, and
pretty much understanding how the system works, I
think I have a genuine appreciation of the exceedingly
high standards to which these attorneys uphold themselves.
Dear Editor:
This is simply a curiosity. A while back, the Bar
Associations and lawyers lobbied to have the LLB
degree converted to the doctorate degree, Doctor of
Jurisprudence (JD). The battle was won. But wherein
lay the victory? What benefit was derived? No one
refers to us in that light. So why such a hard fought
battle for a completely Pyrrhic victory?
I am humbled by the fact - even though I am being
represented on a pro bono basis - that I am still receiving the finest legal representation that money could
ever buy.
Benay Starsky
Tonawanda
Stephen R. Lamantia, John P. Lane, William E. Lawson, Richard J. Lehner,
William E. Leising, Martin G. Linihan, John N. Lipsitz, Richard Lipsitz,
Arthur A. Lorenzo, Harry E. Lorenzo, William J. Love, Jr., Leo M. Lynett, Jr.
James L. Magavern, Irving C. Maghran, Jr., Mark J. Mahoney, Arthur J.
Maloney, Richard C. Marcus, John Markarian, Mary Dee Martoche, Hon.
Salvatore R. Martoche, Maureen A. McCready, Thomas I. McElvein, Jr.,
Diane J. McMahon, Hon. John A. Michalek, Raymond T. Miles III, Hon.
Joseph D. Mintz, Albert J. Mogavero, Richard E. Moot, Peter J. Murrett, Jr.,
Arthur F. Musarra, Joseph M. Nasca, James M. Nesper, Paul T. Nesper,
Stephen M. Newman, John P. Noble, Anthony M. Nosek, James J. O’Brien,
Thomas E. O’Brien, Robert L. O’Connell, Denise E. O’Donnell, Hon. John F.
O’Donnell, Timothy M. O’Mara, Francis J. Offermann, Jr., William J.
Ostrowski.
test in that selection process is another example of how
the Bush administration subverts justice and endangers
national security.
The following letter was also sent to the NLS and
BAEC boards of directors.
I think the use of “Doctor” would improve our
image, if that’s at all possible, and add dignity to a
badly maligned profession. Everyone I know who has
any kind of a doctorate degree uses it to advantage.
With us it was well earned, but is never used. Is this
really what we fought for?
Dear Editor:
Political appointments in government are common,
but not for federal judges and career
prosecutors. Historically, those positions of power have
been filled upon non-partisan criteria of experience,
intellect and integrity - not because a candidate fits an
ideological profile or takes a political loyalty oath. That
top aides of former U.S. Attorney General Alberto
Gonzales illegally used a political and ideological litmus
What’s your take on this? Let’s see some responses in
the Bar Bulletin.
Julian J. Sugarman
Buffalo
continued on page 6
Letters to the editor and short articles of general interest to our readers are always
welcome. All materials submitted for publication in the Bulletin are subject to editing
for reasons of style, space and content.
Send all submissions as Word documents to obrian@eriebar.org (preferred) or by mail
to: Bulletin Editor, 438 Main Street, Sixth Floor, Buffalo, NY 14202.
DEADLINE
•
•
•
October 2008 Bulletin D E A D L I N E
•
•
•
The next deadline for ALL Bulletin contributors and advertisers is Friday, September 5, 2008.
Call Susan Kohlbacher at Bar Headquarters for more information, 852-8687.
PAGE 3
September 2008 | www.eriebar.org
bench and bar in the news
This “members only” column is published
each month to share news and information
among BAEC members. Submissions should be
limited to 100 words and will be edited for space
and other considerations.
Bench & Bar in the News is reserved to
announce items such as: new members of a law
firm; name change or relocation; formation,
merger, or new affiliation of law practice(s);
change in job status; and professional appointments, honors, or awards. Announcements
which do not fall into these categories may be
published in the Bulletin as paid advertisements.
Palmer
Thomas Allan Palmer has
returned to family law practice with
the Buffalo law firm of Palmer,
Murphy & Tripi. He has been certified as a family law mediator by the
Florida Supreme Court and will be
practicing in the firm’s litigation and
alternative dispute resolution areas.
Mark Gaston Pearce of
Creighton, Pearce, Johnson & Giroux
has been elected as a fellow of the
College of Labor and Employment
Lawyers. He will be installed on
September 13 in Denver, CO.
Election as a fellow is considered to
Pearce
be “the highest recognition by one’s
colleagues of sustained outstanding performance in the
profession.” The College is represented by over 950
members in 42 states, the District of Columbia, Puerto
Rico and Canada.
Sandra Cassidy has been named
associate general counsel for Counsel
Financial Services, LLC. Cassidy
received her J.D. cum laude and is a
graduate of Gerry Spence’s Trial
Lawyers
College.
Counsel
Financial is now exclusively endorsed
Cassidy
by the American Association for
Justice, the Consumer Attorneys of California, the
Virginia Trial Lawyers Association and the Texas Trial
Lawyers Association.
Richard J. Cohen and Joseph
M. Hanna of Goldberg Segalla LLP
have co-authored an article entitled
The Rangers’ Gloves are Off in a
Digital Tussle with the NHL. The
article was recently featured in the
NYSBA Entertainment, Arts and
Cohen
Sports Law Journal and the
Entertainment and Sports Lawyer.
Cohen is the firm’s managing partner, the co-chair of the insurance
coverage litigation practice group,
and a member of its sports and
entertainment practice. Hanna
serves as the national vice-chair of
Hanna
the American Bar Association’s Arts,
Entertainment and Sports Law section.
Robert B. Sommerstein, formerly of Dubin and
Sommerstein, LLP, has relocated his law office to 69
Delaware Avenue, Suite 1010. Sommerstein will focus
his practice primarily on matrimonial and family law,
personal injury, civil and criminal litigation, and
FDCPA. He can now be reached at 725-0185 and
725-0190 (fax).
[B]
Dickinson Receives
Law Guardian Award
The Honorable Michael F. Dillon Law
Guardian Award was recently presented to
Buffalo attorney Sheila Dickinson by Presiding
Justice Henry J. Scudder. Dickinson was
selected to receive the award by the
Departmental Advisory Committee to the Law
Guardian Program, which annually selects two
law guardians from each of the Fifth, Seventh
and Eighth Districts to receive this honor.
The award signifies “vigorous advocacy on
behalf of children.” It is named for the late
Presiding Justice Michael F. Dillon, who “spearheaded the development of the highest quality
of representation for children in the Fourth
Department” and initiated mandatory training
for law guardians in New York state.
[B]
Women’s Bar Association Installs Officers, Presents Awards
On Wednesday, September 24, 2008, the Western
New York Chapter of the Women’s Bar Association of
the State of New York will hold its annual installation
dinner and awards ceremony at Asbury Hall in Buffalo.
Marybeth Priore will be installed as the Chapter’s 24th
president.
Other officers to be installed at the dinner include
president-elect, Natalie A. Grigg; secretary, Sakina N.
Riddell; treasurer, Lisa Primerano; state directors,
Melissa Ann Foti, Elizabeth B. Harned, Molly Mallia,
Bridget O’Connell, and Tammy L. Riddle; local directors, Elisha Burkart, Sarah K. Ranni, Jennifer R.
Scharf, Deanne Tripi, Monica P. Wallace, and Amanda
Warner; and immediate past president, Kelly J. Philips.
Kathleen Sweet will receive the organization’s 20082009 M. Dolores Denman Lady Justice Award for her
“significant contributions and dedication to the work of
WBASNY and in particular to the Western New York
Chapter.” The President’s Award will be presented to
Jacqueline G. Mordaunt, Executive Director of the
Susan G. Komen Foundation, WNY Affiliate.
The event begins at 5:30 p.m. with a cocktail reception and dinner stations, followed by the awards program. The cost is $50 for WBASNY members; $60 for
non-members and $450 for a table of eight. For more
information regarding the dinner, contact Natalie A.
Grigg at 854-3400 or grigg@ruppbaase.com.
[B]
Bar Committees
The Company of
The Erie County Bar Foundation exists
to provide a helping hand to lawyers in need.
Consistently rated as a top
benefit of membership, Bar
committees are a great way to connect
with colleagues and keep pace
with the profession.
See the special insert in this issue
…and plan to participate!
The need may be based on medical problems,
job loss, emotional difficulties, family
crises or many other situations. No person
or problem is categorically excluded.
If you need assistance – or know a friend
or colleague who does – please call Ginger
Maiman at 481-3486. All services are
individualized and completely confidential.
It’s great to belong to something this good.
PAGE 4
President’s Letter
continued from page 1
Professionalism Initiative
I was pleasantly surprised by the calls I received
about the concern I expressed regarding the topic of
decaying professionalism and the need for improvement. It is one of the issues that is getting attention
from lawyers around the country as well.
If I could accomplish just one thing during my presidency, it would be to stir up a meaningful discussion,
even an argument, about how the practice of law could
be, or should be more professional. It could be a lot
better; that much I know from my own experiences
and the statements of older lawyers. Ah, for the good
old days!
(Here’s when young lawyers moan and their eyes
glass over.)
Actually, it wasn’t all that long ago, just a decade or
two. Things were so much better in the practice of law;
more human, more collegial, almost fraternal. (I can’t
believe I am old enough to be saying this.)
The practice of law was so much better because we
treated each other so much better. It seemed lawyers
back then took a little time to get to know the person
on the other side of the matter at the outset. We
allowed ourselves that time. There was normal conversation like friends, or colleagues, not distrusted competitors, even though we had competing clients.
Lawyers acted more like the wise advisors, not the
combatants; at least, they appeared to. There were
many daily “lunch time round-tables” full of lawyers at
numerous restaurants, where any lawyer who wanted
to join in was welcomed. Lots of networking went on.
There was the latest news about what was going on in
the profession being discussed. Also, I remember stories
being told about how poorly a lawyer treated a colleague in a case. You didn’t want one of those stories
being told about you. That was real peer pressure. It
worked; it took a great deal to recover your reputation
if you were the “bad guy.” Likewise, if you had a good
reputation as a straight shooter, it opened doors for
you.
Could it be that the movement to the suburbs of
many smaller offices or the loss of those central restaurants had that much of a secondary impact on our
practice?
Many of my contemporaries say they got taught the
same lessons early on. Lessons such as: by helping the
other guy look good, you look good, too; or, when
negotiating, always leave a little on the table so that the
www.eriebar.org | September 2008
other guy could sell the compromise and look like he
was doing his job well also. Clients understood and
respected that, generally, and it seemed cases resolved
so much faster when doing that.
Here is a list of Andy Rooney-type questions I would
like you to ask yourself:
• When was the last time you asked the other side,
“How’s your (wife, kids, parents, etc.) doing?” or
“What do you need to make this work?”
• Is it me, or does it seem we have to arm wrestle
each other until someone’s arm breaks in order to
satisfy a client? Is achieving what’s fair or just no
longer good enough?
• Are we under so much pressure to succeed monetarily or make billable hours that we sacrifice our
lives and families’ lives to satisfy someone else?
• Why are so many lawyers depressed or try to bury
their bad feelings in drugs or alcohol? (See article
on page 14.)
• It seems lawyers get pressure to be “perfect” from
every side, even from the legal system itself. When
is “good enough” good enough?
• Where is the pressure to allow lawyers to respect
each other?
• Where is the pressure to allow lawyers to act with
wisdom, honor, and dignity?
• Whose word is trustworthy enough for you to say
to your client, “His/her word is good enough for
me”?
Starting a Discussion
I am trying to start a discussion about
“Professionalism.” I’m not sure how to define the term.
It’s not ethics; there are no written rules to be enforced.
It’s not just civility toward one another. Some say it is
a concern for the pride and dignity of the daily practice
of law; yet others say it is the image we portray, or our
character.
Image…civility…behavior…character…honor…
pride…dignity…concern…competence…are these
good criteria to judge if one is acting professionally? I
don’t know, but it’s a good start.
What is it that we do in the conduct of our daily business that makes us qualify as a profession and not just
business men or women? What can we regularly do to
enhance those qualities in our collective behavior? Can
we determine it for ourselves? Does everyone determine his own set of principles, or are there standards
by which we should measure our conduct?
I’d like to know what you think. There are bar associations around the country that would like to figure it
out too.
Let’s face it, we are our own worst enemies. The
marketing we do is generally egotistical and denigrating to our “competitors.” I’ve read reports by attorneys
on cases where the opposing lawyer is depicted in very
negative terms in order to impress the client of the
writer’s own worth or toughness. We are joked about as
money-grubbing leeches, liars, willing to sell our moral
principles for a buck, or just unprincipled altogether.
Who taught the public that? Who taught us how to
behave in a way that does not clearly project otherwise?
As I write this, the faces and voices of some really fine
older or deceased lawyers keep popping into my mind.
I guess they are the voices of my mentors, only I didn’t
know that’s what they were doing when they had coffee or lunch with me. It wasn’t their job to “mentor”
me or anybody else. In fact, I never really heard that
word “mentor” used until the past decade. But we sure
could use some good mentoring today, at all stages of
our careers.
I have done some research into how other areas of
the country have addressed this issue. I’ll talk about
some of their efforts in future letters. But what I would
really love to know is what you feel. I may be asking for
trouble by inviting your participation in the discussion,
but…what the heck?! It’s your profession. You elected
me to do something to make it better.
Here’s your chance to act like you care about it; I
know you do.
Here’s my heads-up warning to Bonnie O’Brian, our
editor. We may need extra space in the next Bulletin for
some of the letters we hope to receive.
Before I end this letter, I would be remiss if I didn’t
comment on the recent loss of my classmate Bob
Moriarty and also beloved Judge Dave Mahoney. Both
sudden and too soon. Judge Mahoney’s witty commentary and contributions to this publication will leave a
hole in it and in our hearts. They were good men; good
lawyers who contributed to our community in many
ways.
[B]
September 2008 | www.eriebar.org
PAGE 5
A Tribute to Hon. David J. Mahoney
By Francis J. Offermann, Jr.
Justice David J. Mahoney, or
Dave, as he was familiarly called
by his multitude of friends, died
on July 5th of this year, after a
brief illness. Monsignor James
Campbell presided at a Mass of
Christian Burial on July 7 at St.
Joseph Cathedral in downtown
Buffalo. Hundreds of lawyers and fellow members of
the judiciary were in attendance to pay their last
respects to our fallen legal colleague.
Dave is survived by his wife Heidi, to whom he was
married for 53 years, and three sons, David J., III,
Captain, U.S.N. retired; Neal, Assistant Public
Defender in Wyoming County, N.Y.; and John, Assistant
Chief, Victims’ Services Section in the Virginia
Department of Criminal Justice Service.
Dave attended Canisius College, and studied law at
the University of Buffalo, where he received his J.D.
degree in 1952. After admission to the New York Bar,
he began his legal career in the office of Hon. Walter
Mahoney, who at the time was a New York state senator. He joined our law firm in 1959, which then was
named Lawless, Offermann, Fallon and Mahoney, later
evolving to Offermann, Mahoney, Cassano, Pigott,
Greco & Whalen. He was a partner with us for 35
years, and had a versatile practice, notably representing the poor and disadvantaged in the Buffalo community. Dave never shirked from the opportunity to
represent those clients who needed legal assistance, but
couldn’t pay for it. As his son David said so well, “My
dad impressed upon us that service to one another is
where one should go in life.” This, our friend and colleague did so well, and as his partners, we all learned
immensely from his example. He taught the lawyers in
our firm that receiving a fee was not the reward for our
representation of a client. Rather, it was the aid, assistance and benefit that were achieved by our client, and
especially by those of them who are disadvantaged.
Our former partner, Hon. Eugene F. Pigott, Jr., an
Associate Judge on the New York Court of Appeals,
noted that “He was our Atticus Finch.” Indeed, he was.
Judge Pigott also recalled that on several occasions, our
firm’s petty cash box was caused to be shorted by Dave
Mahoney’s bounty having “runneth over” for his needy
clients.
Commitment to Civil Rights
Unpretentiously and with grace, warmth and exceptional legal skills, Dave Mahoney did a great amount of
pro bono work for the needy and voiceless in our community. Frank Mesiah, President of the Buffalo Chapter
of the NAACP, recognized that Dave was totally committed to civil rights. He was, for a long period of time,
legal counsel to the NAACP, and took part in the celebrated desegregation case before U.S. District Judge
John T. Curtin. Attorney Richard F. Griffin, a close
friend of Dave, observed that he was “a cool person,
best remembered for his engaging persona, witty
remarks and cartoons, who had an uncanny ability to
come up with workable solutions to issues.”
He was, for many years, Chairman of the Civil
Rights Committee of the New York State Bar
Association, served on the board of directors of the
Volunteer Lawyers Project of the Bar Association of
Erie County, and Alcoholism Services of Erie County,
which founded the Renaissance House for Addicted
Youngsters. He is a member of the latter organization’s
Hall of Fame. Recognized for his wonderful legal skills,
warmth, compassion, and integrity, he also served as
president of Neighborhood Legal Services Corp.
Another of our partners, Honorable Leo J. Fallon,
formerly an Associate Justice on the Appellate Division,
Fourth Department, and now a Judicial Hearing
Officer, always marveled at the fact that Dave
Mahoney seemed to retain his clients forever. “They
seemed never to leave him once they retained him,”
Justice Fallon said. “I attribute that to his legal acumen, his great sense of humor and his overall fine character. We all loved him — and never over all those
years of our partnership did we have a written partnership agreement.”
Another of our partners,
Supreme Court Justice Gerald J.
Whalen, pointed to his unique
combination of warmth, compassion, integrity and intellect in concluding that “I have known no
finer man in this life.”
Obviously, these traits became
known to the membership of our
Bar Association, as Dave was
elected to its vice presidency in
1990, and became president in
1991. He succeeded Harold J.
Brand, Jr. and preceded Paul
Michael Hassett in that position.
of humor shone in the post-election
celebration. The election was not
resolved until Thanksgiving week,
when Dave became Justice Mahoney
by less than 500 votes. He soon thereafter showed up at our office with a
tray full of coffee mugs bearing the
following inscription:
Front - Mahoney for Supreme
Court
Back - I survived the Mahoney
landslide of ‘93.
Very early in his legal career, Dave
portrayed an unusual aptitude for the
HON. DAVID J. MAHONEY
application of his humor. He was a
BAEC President 1991-92
genuinely funny man, but also posBoth Harry and Paul acknowlBulletin
Art
Editor
and
sessed the skill of an artist, and in paredged that Justice Mahoney’s
Cartoonist 1960-2008
ticular, that of a caricaturist. In 1960,
sense of humor, his kindness to
he was selected to be the art editor of
everyone, and his ability to refrain
the Bar Association’s Bulletin - a wise
from taking himself too seriously, were assets of Dave’s
choice. Ever since then, month after month for almost
personality that contributed greatly to his success, both
48 years, including the June, 2008 caricature of immeas a lawyer, and as Bar president.
diate past president Cheryl Smith Fisher, Justice
In 1993, Dave was again recognized by his peers and
Mahoney satirized, caricatured and employed ironic
the general electorate with his election as a Supreme
humor upon any judge, lawyer, or Bar president who
Court Justice of the State of New York. Again, his sense
continued on page 8
PAGE 6
www.eriebar.org | September 2008
Letters to the Editor
In Memoriam
“Memory is a way of holding on
to the things you love,
the things you are, the things you
never want to lose.”
~ Kevin Arnold
We wish to honor the memory of the following members of our Bar Association. Memorial
gifts to the Erie County Bar Foundation are
an excellent way to remember friends and
colleagues, as gifts are used for the benefit
of the entire profession.
continued from page 2
Dear Editor:
RE: Autobiography of Clarence Thomas: A Review by
John Elmore
It’s unfortunate that John, who is a friend as well as
a colleague, would take such a biased approach in
analysis of this literary work. This approach seems to
imply that because Judge Thomas is an AfricanAmerican that he must be imbedded with promoting a
specific philosophy of life. The result of this approach
only serves to promote divisiveness rather than a freethinking multicultural society.
John’s review not only attacks a conservative view or
take on the issues of the day but hints at rebuke for
holding beliefs that represent traditional moral values
held by many Americans. He neglects to mention the
values that were instilled by Judge Thomas’ grandfather as a safety net or saving figure in Judge Thomas’
life and the guidance Thomas received in the seminary
and at Holy Cross College.
Unfortunately, our lawmakers hold these same biases
when asked to confirm nominees to the federal courts.
The last U.S. Supreme Court nominee who was not
subject to this unfair scrutiny was Ruth Bader
Ginsburg. Although she was a liberal, card- carrying
member of the ACLU, she was confirmed 98 to 0 by a
Republican majority Senate.
Carmen J. Gentile
Buffalo
Do you agree with these writers? Disagree? Either
way, we want to hear from you. Send your letters to
obrian@eriebar.org.
Betsy Glazer Hurley
W. Barry Mallon, Jr.
Marie Good
Robert B. Moriarty
Hon. David J. Mahoney
Edward I. Zolte
Eugene E. Burke
Noted true crime author Ann Rule (Every Breath You
Take, The Stranger Beside Me, Last Dance, Last Chance,
and 25 other titles), pictured here with Ron Clark, is
featured in his trial advocacy film. Clark will be in Buffalo
on September 12 to present “Advocacy Goes to the
Movies” at the Marriott.
Advocacy Goes to the Movies
continued from page 1
of Merit from the Washington Association of
Prosecuting Attorneys. He has written and lectured
extensively on professional responsibility and served on
the blue ribbon ABA Task Force that formulated the
current Prosecution and Defense Function Standards.
Clark was also a member of the Washington State
Association of Municipal Attorneys committee that produced a Public Law Ethics Primer.
Attendees will receive a 20 percent discount on the
following books:
Trial Advocacy: Planning Analysis & Strategy,
Second Edition ~ Includes excellent trial persuasion
principles, state-of-the-art technology, and ethical
boundaries for trial lawyers. Also covers trial advocacy
skills and strategies for each stage of trial from case
analysis through closing argument. An accompanying
DVD features well-known true crime author Ann
Rule, demonstrations by experienced trial lawyers, a
crime scene tour and visual animations.
Trial Advocacy: Assignments and Case Files ~
Provides 84 role-playing assignments in both a criminal homicide and a related civil wrongful death case.
Can be used either alone or as a companion to Trial
Advocacy: Planning, Analysis & Strategy. A superb trial
advocacy training tool for trial performance exercises.
Also includes a CD with case files and a slideshow of the
crime scene.
Pretrial Advocacy: Planning, Analysis, and Strategy,
Second Edition ~ Provides a solid conceptual and
practical foundation for pretrial litigation, covering
case analysis, motions, witness interviewing, pleading,
discovery, ethical responsibilities, and ADR. Includes 77
role-playing assignments, along with two CDs and a
DVD with real-life examples, software and documents.
Special thanks to Avalon Document Services for supplying the printed materials for this program.
[B]
PAGE 7
September 2008 | www.eriebar.org
in the public service
Submitted by Selena Garr, LMSW and
Patricia Warth, Esq., Legal Aid Bureau
In the Public Service: A New Home for Erie County’s
Client Specific Planning Program
The Center for Community Alternatives (CCA) and
the Legal Aid Bureau of Buffalo have announced the
relocation of Erie County’s Client Specific Planning
(CSP) program to the Legal Aid Bureau of Buffalo in
the Main Seneca Building at 237 Main Street, Suite
1602, effective in July. CSP in Buffalo will now be
operated in conjunction with CCA’s Client Specific
Planning program in Syracuse.
CSP is recognized as one of the foremost defender-based sentencing programs in the United States. It has been
adopted in many jurisdictions throughout the nation including New York
state. CSP develops sentencing reports
based on extensive interviews with the
defendant, family members, and other
significant individuals in the defendant’s life. In addition, CSP conducts
investigations into the defendant’s
developmental, educational, employment, mental health, substance abuse,
and medical history in order to document other factors that may have significantly influenced the defendant’s
life and behavior.
CSP plans are developed pursuant to Section 390.40
of the Criminal Procedure Law which authorizes the
submission of alternative criminal sanctions including
community service, mental health/substance abuse
treatment, victim restitution, home confinement, etc.,
to the Court for consideration at sentencing. Where a
community-based, alternative sentence is not possible,
the CSP plan can be used to mitigate the length of
imprisonment and help
achieve the most beneficial
classification for the defendant while incarcerated.
CCA is an experienced,
knowledgeable,
not-for-profit criminal
justice agency with
expert staff.
CSP has been operating in
Erie County since 1983
under the direction of Selena
Garr. Garr is a social worker
with extensive experience in
advocacy, case management,
writing, and editing. Since
implementing the grant
funded program in 1983,
she has developed approxi~ SELENA GARR
mately 500 sentencing plans
for the Court’s review.
Approximately 50 percent of
these
reports
have
been
accepted by the Court. Garr
Most of the defendants who come into the program
considers herself to be “a pioneer in the field of senare indigent, undereducated, physically or mentally
tencing advocacy” since Erie County’s CSP was one of
disabled, or otherwise unable to access the benefits
the earliest defender-based advocacy programs in the
enjoyed by middle class members of society. These
nation.
defendants find themselves involved in circumstances
outside of their control which ultimately led to their
criminal justice involvement.
“Bringing Erie County’s CSP under the auspices of
CCA in Syracuse will allow the defense community to
benefit from CCA’s vast experience developing sentencing strategies, mitigation approaches, and client specific plans,” Garr said. CCA has been in the forefront of
criminal justice reform since 1981, providing court
acceptable sentencing and post conviction reports as
well as capital mitigation services to defense attorneys
and their clients in both state and federal cases. “CCA
is an experienced, knowledgeable, not-for-profit criminal justice agency with expert staff,” she said.
CCA consults with criminal defense attorneys
throughout the state to help them prepare thorough
and convincing sentencing reports. The Syracuse program has earned credibility with courts, judges, and
other criminal justice professionals. CSP’s alliance with
CCA will allow defense attorneys in Erie County to
benefit from CCA’s Justice Strategies program, a
research, training, public advocacy, and policy program. Justice Strategies is directed by Alan Rosenthal,
an attorney with over 28 years of criminal defense and
civil rights litigation experience, and Patricia Warth, an
attorney with experience at the New York State Capital
Defender’s Office and Prisoners Legal Services.
Rosenthal is considered an expert on sentencing strategies and the collateral consequences of a criminal conviction. Warth has expertise in mitigation investigation
and development, issues related to sentencing, prison
conditions, and programming at correctional facilities.
CSP program services will be available to the entire
defense bar, including federal and state practitioners in
both assigned and retained cases.
[B]
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www.eriebar.org | September 2008
contributed to his many successes. He was a formidable athlete. Not only did he keep himself in great physical shape by running and swimming, but he regularly
played tournament squash at the Buffalo Tennis and
Squash Club. He also was a low-handicap golfer at
both the Wanakah Country Club and the Country Club
of Buffalo.
To our dear friend and partner, one more salutation
and a final goodbye to an outstanding lawyer, a
thoughtful judge of unquestioned integrity, a superb
humorist, and an athlete who loved to compete. Dave
was truly a man for all seasons.
We will never forget you.
A Tribute to Hon. David J. Mahoney
may not have been looking, or upon any legal situation
imaginable. Every lawyer has thoroughly enjoyed these
cartoons.
continued from page 5
A few years later, in 1999, his cartoons were featured
in a calendar format, and sold to Bar members, with
proceeds benefiting the Erie County Bar Foundation
and the Volunteer Lawyers Project. As a tribute to his
Over the years, Justice Mahoney has received many
distinguished service as a trial judge during his term on
requests from various law journals and newspapers for
the Supreme Court, Justice
permission to republish one or
Mahoney
received
the
more of his cartoons and, as
Outstanding
Jurist
Award
one might expect, such per“Justice Mahoney was
from the Bar Association of
mission was freely given.
Erie County at its 2002
described as “an attorney
In 1991, the late Howard
annual dinner.
Meyer, another prominent
at Buffalo, New York,
More recently, on May 1,
Buffalo
attorney
and
2008,
Justice Mahoney was
humorist, collaborated with
a cartoonist, and president
honored
by the U.B. Law
Justice Mahoney in the publiAlumni Association, and received
of the Bar Association of
cation of a book entitled The
that Association’s Distinguished
First Book of Attorney Abuse
Erie
County
for
his
sins.”
Jurist Award for his conscientious
and Bench Bashing. It conand diligent performance in the
tained many of Dave
judiciary.
Mahoney’s best cartoons, and
at the outset, Justice Mahoney was described as “an
Before I close these memories of a wonderful jurist,
attorney at Buffalo, New York, a cartoonist, and presian excellent lawyer, and a fine man, I can’t overlook a
dent of the Bar Association of Erie County for his sins.”
part of Dave Mahoney’s personality, which certainly
The Bar Association’s Outreach Committee
wishes to advise friends and colleagues of
retired Supreme Court Justice James L. Kane,
that he is a resident at Weinberg Campus
located at 2710 North Forest Road, Getzville,
New York 14068, Apartment G-135. Visitors
are especially welcome, as are phone calls and
cards. He may be reached at 614-3748.
[B]
PAGE 9
September 2008 | www.eriebar.org
western district case notes
By Paul K. Stecker and Kevin M. Hogan
CONSTITUTIONAL LAW
In Reynolds v. Krebs (06-CV-123S, 3/18/08), the
court granted the defendant village officials’ motion for
summary judgment dismissing plaintiff’s claims that
they violated his First, Fourth and Fourteenth
Amendment rights when they demolished his building
after a fire. The court held that plaintiff presented no
evidence to rebut defendants’ conclusion that the
building presented a danger requiring immediate demolition, and that state law (in the form of an Article 78
proceeding) provided sufficient post-deprivation due
process.
In Genesee Scrap & Tin Baling Co., Inc. v. City of
Rochester (07-CV-6359L, 6/3/08), plaintiff challenged
a city ordinance that required all junkyards to purchase
scrap using a check rather than cash. Among various
grounds, plaintiff argued that the ordinance violated
provisions of the U.S. Constitution and federal statutes
making U.S. currency and coins “legal tender.” The
court rejected plaintiff’s argument that the ordinance
impermissibly “deem[ed] cash not to be legal tender,”
ruling instead that the city, in exercising its police
power, had permissibly specified only the form in which
payment must be made (“the seller will receive legal
tender when he cashes the check”).
DEBT COLLECTION
In DeGeorge v. LTD Financial Services, L.P. (06-CV178S, 3/31/08), the court denied both parties’ motions
for summary judgment on plaintiff’s claims under the
Fair Debt Collection Practices Act, 15 U.S.C. §1692 et
seq., holding that a jury could determine that a message left for plaintiff on his brother’s answering
machine, referring to plaintiff’s hiding behind his
“mom’s skirt tail,” violated the Act and that plaintiff
(himself a debt collector) suffered emotional distress as
a result of the message.
DISCOVERY
In Tracy v. NRV, Inc. (04-CV-6541L, 5/7/08), a class
action for overtime pay, the magistrate judge denied
plaintiff’s motion to compel responses to interrogatories that asked the defendant to identify all persons
whom defense counsel had interviewed and all persons
who assisted counsel in responding to plaintiff’s discovery requests, whether or not they provided information or documents. The judge ruled that, unlike discovery requests that seek the identity of persons with
knowledge of claims, defenses or other relevant issues –
information that is not privileged – plaintiff’s interrogatories improperly sought information protected
from disclosure by the work product doctrine because
disclosure would reveal counsel’s legal strategies,
analysis and mental impressions.
EDUCATION LAW
In Kirk v. New York State Department of Education
(08-CV-6016(CJS), 6/23/08), plaintiff, a veterinarian
and citizen of Canada, claimed that N.Y. Education
Law §6704 was unconstitutional because it restricted
professional veterinarian licenses to United States citizens and resident aliens. Plaintiff, who met all the other
requirements for a license, could only obtain a temporary license (that was due to expire and could not be
renewed) because he had a temporary visa under the
North American Free Trade Agreement (“NAFTA”). The
court ruled first that non-resident aliens, like resident
aliens, were members of a suspect class, triggering
“strict scrutiny” analysis under the Equal Protection
Clause. Nonetheless, the court also ruled that §6704
could not withstand even “rational basis” scrutiny
because none of the state’s purported concerns about a
veterinarian’s citizenship or immigration status had
any rational relationship to the veterinarian’s fitness to
practice. The court also ruled that Education Law
§6704 conflicted with NAFTA and, therefore, violated
the Supremacy Clause.
PREJUDGMENT INTEREST
In Equal Employment Opportunity Commission v.
Everdry Marketing and Management, Inc. (01-CV6329P, 5/30/08), the EEOC established at trial that
defendants had subjected employees to a sexually hostile work environment and obtained a jury verdict for
compensatory and punitive damages, including lost
wages. In response to numerous post-trial motions, the
court, among other rulings, granted prejudgment
interest on the lost wage awards, finding no persuasive
reason to depart from the general rule in favor of such
an award. With respect to the compensatory awards for
emotional and other injuries, however, the court ruled
that the jury’s award was intended to be fair and just
compensation for the injuries, some of which might still
be ongoing, and that prejudgment interest would
therefore constitute a windfall for the employees. [B]
PAGE 10
www.eriebar.org | September 2008
citations
By Jeff Spencer
RIPARIAN RIGHTS FIGHT MAKES SPLASH
In Miller v. Powers (__AD3rd__, 7/11/08, # 495),
our Fourth Department reviews a lake access boundary
dispute whose fulcrum hinges on an old fence.
COLLEGE MATH FOR PUGILISTIC PARENTS
Calculating divorced parents’ college contributions is
the legal math equation contemplated by our Fourth
Department in Pistilli v. Pistilli, (__AD3rd__, 7/11/08,
#764). Adjustment for maintenance and the obligation
to continue ordinary child support are also reviewed.
JAVA LAVA AND A CAFFEINE CATASTROPHE
She was so desperate for a caffeine fix
Into Starbucks she shot, licking her lips
The counter man could see her desperate need
And slid her coffee to her with all deliberate speed.
His timing was off just enough
To tumble her hot boiling caffeine stuff
Upon her foot that burning liquid fell
It seemed like burning napalm gel.
The Court upheld her damages bid
There was clearly negligence when that coffee slid
She deserved to be made whole
From the “green sugar” recovery bowl.
Griffin v. Starbucks Corporation, __AD3rd__, 1st
Dept., 6/5/08, 859 NYS2nd 176.
NO BOOT TO WIND GUST SUIT
Our Fourth Department has upheld Justice Rose
Sconier’s denial of defendants’ summary judgment
motion where plaintiff alleges that a gust of wind from
defendants’ tractor-trailer caused a construction sign
to fall on her. (Galasso v. Wegmans Food Markets, Inc.
et al., __AD3rd__, 7/11/08, #817) Justice Peradotto
joined in a vigorous dissent.
DRAINAGE SUIT HOLDS WATER
The Fourth Department declined to dismiss a lawsuit
which claimed that plaintiff’s house was constructed
by the defendant with insufficient drainage. (Kibler v.
Gillard Construction, Inc., __AD3rd__, 7/3/08, #658)
EXCITED UTTERANCE ELABORATION
The dying victim’s one word responses to a friend’s
questions were held to be admissible under the excited
utterance exception to the Hearsay Rule. (Peo. v.
Medina, __AD3rd__, 4th Dept., 7/3/08, #733)
SUPPRESSION LESSONS
Suppression of a 17-year-old defendant’s statements
was denied despite the denial of his request to call his
mother. This case is a good review of the law in this
area. (Peo. v. Hall, __AD3rd__, 7/3/08, #869) See
also Peo. v. Towsley, __AD3rd__, 7/3/08, #872 and
Peo. v. White, __NY3rd__, 3/20/08; Peo. v. Hill,
__AD3rd__, 4th Dept., 7/11/08, #892 ; Peo. v.
Jackson, __AD3rd__, 4th Dept., 6/13/08, #853.
RESTRICTIVE COVENANT RIPPED
Plaintiffs waived their right to enforce restrictive
covenants against their former employees by encouraging them to obtain competing employment. (Empire
Financial Services, Inc., et al., v. Bellantoni et al.,
__AD3rd__, 4th Dept.,7/3/08, #904) affirming Justice
Ralph Boniello.
SEC. 240 ROUNDUP
In Sanatass et al. v. Cons. Inv. Co., Inc., et
al.,(__NY3rd__, 4/24/08), our Court of Appeals held
that a property owner may be held liable for a violation
of Labor Law sec. 240 that causes injury to a worker
even though a tenant contracted for the work without
the owner’s knowledge.
Partial summary judgment was properly granted
where plaintiff fell through a skylight. (Ganger v.
Anthony Cimato/ ACP Partnership, et al., __AD3rd__,
continued on page 20
PAGE 11
September 2008 | www.eriebar.org
New Committee to Focus on Veterans Issues
The BAEC board of directors recently approved the
creation of a new ad hoc committee on Legal Issues
affecting Veterans and Service Members. Chaired by
Jennifer Stergion and composed of interested area
attorneys, the committee has successfully partnered
with the Erie County Department of Veterans Services,
Volunteer Lawyers Project, and the New York State
Veterans of Foreign Wars organization. The group will
host the Veterans Court Presiding Judge Hon. Robert T.
Russell and Jack O’Connor, Veterans Court coordinator,
at a meeting to be held on September 18 at 12:15
p.m. at Bar Association Headquarters. These distinguished guests will speak to the group about
Veterans Court jurisdiction, practice and procedure.
Photo by Glenn Edward Murray
9
Do you know if your IOLA
deposits are protected by
the FDIC?
According to the
IOLA Web site, IOLA deposits
are covered up to $100,000
for each client whose funds
are on deposit in an IOLA
account. For answers to
questions such as this,
visit the IOLA Web site
at www.iola.org.
The purpose of the new committee is to provide a
built-in network of attorneys who have knowledge in
particular areas of law related to veterans and service
members. Through CLE programs, seminars, and articles in the local bar Bulletin and other periodicals,
members of our local bar are updated on issues to look
out for, and places to turn to, in family, criminal, bankruptcy, and other civil matters when providing assistance to veterans, current service members, and their
families. Through monthly meetings, the committee
hosts various members of the bench, bar, and community to provide training and updates on legal issues currently facing service members and veterans. Through
community partnerships, the group provides outreach
and pro bono services to veterans, service members,
and their families in need.
The committee is currently seeking attorneys who
are interested in Veterans and Service Member Law in
the matrimonial, bankruptcy, criminal, immigration,
family law, and civil litigation areas of
practice. Attorneys interested in participating are
invited to contact Jennifer P. Stergion at 536-5971 or
jpstergion@hotmail.com.
[B]
Judicial Conduct Commission Seeks New Chief Judge
The New York State Commission on Judicial
Nomination reminds all potential applicants for the
upcoming vacancy in the position of Chief Judge of the
New York Court of Appeals that the deadline for receipt
of applications is September 8, 2008.
A vacancy will exist on January 1, 2009 due to Chief
Judge Judith S. Kaye’s mandatory retirement for age.
Recommendations may be made to, and applications
procured from Counsel to the Commission, Stephen P.
Younger, at the Commission office, 1133 Avenue of the
Americas, New York, New York 10036-6710 [Tel.:
(212) 336-2685; Fax: (212) 336-2222; Email:
spyounger@pbwt.com]. All interested persons are
urged to telephone, write or e-mail Mr. Younger as soon
as possible to request an application.
The Commission on Judicial Nomination was created by Article 6, § 2 of the New York State
Constitution. The Commission nominates seven per-
sons for a vacancy in the office of Chief Judge, from
whom the Governor must select his appointment for
the vacancy. The Governor’s appointment is subject to
confirmation by the New York Senate. Of the 12 members of the commission, four are chosen by the
Governor, four by the Chief Judge of the State of New
York, and one each by the Speaker of the Assembly,
Temporary President of the Senate, Minority Leader of
the Senate and Minority Leader of the Assembly.
To fill past judicial vacancies on the Court, the
Commission has nominated a wide variety of lawyers,
including private practitioners, public interests attorneys, law professors, government officials and incumbent federal and state judges. While prospective
candidates must file a questionnaire with the
Commission, recommendations may be made by anyone who believes that a prospective candidate could be an
excellent Chief Judge of New York’s highest court.
[B]
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www.eriebar.org | September 2008
September 2008 | www.eriebar.org
PAGE 13
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www.eriebar.org | September 2008
Depression and Our Bodies
By Daniel T. Lukasik
Did you know that Abraham Lincoln, the great trial
lawyer who many consider to be our most outstanding
president, suffered from depression throughout his life?
Winston Churchill referred to it as “the black dog.”
That was his way of describing the depressive illness
that followed him through life like an unwelcome
hound. Buffalo lawyer Dan Lukasik, the author of the
article that appears below, calls it “the perfect storm”
because of the way it affects members of the legal profession so disproportionately. Lukasik has launched a
one-man campaign to begin clearing away some of the
social stigma and misperceptions about the condition,
which affects lawyers to a much greater degree than the
general population.
Through an informational Web site, www.lawyerswithdepression.com, and a support group for local
attorneys, Lukasik is sharing information and
resources in an effort to encourage colleagues who may
be suffering in silence to come to terms with the illness
and seek help.
According to a 1990 Johns Hopkins study that
examined 104 occupations to see which suffered
from the highest rates of depression, lawyers
topped the list and were found to suffer from
clinical depression at a rate of nearly four times
that of the norm.
A combination of the following factors makes depression prevalent among attorneys and is
what Lukasik calls “the perfect storm:”
• a genetic and/or biochemical predisposition to the illness;
• the perfectionistic tendencies
and/or Type A personalities of
those who are often drawn to
lawyering; and
• the high stress and demands
imposed by adversarial and contentious work.
Together, these conditions result in a
“veritable tsunami” of depressive illness
among members of the legal profession.
depression is tough. I know, because I deal with both
every day. In a peculiar sense, it is really like having
two full-time jobs that absorb all of our time. As we
know, the daily demands and stress of our jobs as
lawyers are often unremitting: Deadlines to meet,
phone calls to return, and
that motion to argue in
court the next morning.
We often feel that other
non-lawyers really don’t
understand us and our
work because they haven’t
“walked in my shoes.”
‘We often feel
that non-lawyers really
don’t understand us
and our work because
they haven’t
“walked in my shoes.” ’
Depression can be insidious because
it doesn’t always “show” the way a
broken limb does. There is also a misperception of moral weakness attached
to it, as though those who suffer from the illness should
be able to simply “cheer up” or shrug it off.
Working as a lawyer and struggling with clinical
Contributions to the Erie County Bar Foundation provide an excellent
vehicle for recognizing and honoring members of our profession.
Memorial gifts to the Foundation become a lasting tribute to the entire
legal profession, as funds are used exclusively to assist attorneys and
promote understanding of our legal system.
The “job” of being
depressed seems to parallel
my experience as a lawyer.
A common experience of
feeling depressed is feeling
alone and isolated. When
people who care about us
reach out to help, there are
times we push them away
out of a sense of bitterness
thinking: “You really don’t
know what it’s like to be a lawyer.”
Yet, there may come a time when we might want to
begin seeing depression and our vocation as lawyers a
little differently. Not as two jobs, but really one. The
one job is finding a way to take care of ourselves. In my
last article about depression, I wrote about Mother
Teresa and her observation that what God expects of
humanity is that we be “a loving presence to one
another.” Taking that further, I would suggest what
God equally expects is for us to be a loving presence to
ourselves.
continued on page 18
The Foundation gratefully acknowledges
the following contributions:
In Honor of Sharon Stern
Gerstman, Recipient of the Bar
Association of Erie County’s 2008
Award of Merit:
Maryann Saccomando Freedman
In Honor of Daniel E. Barry, Jr.,
Recipient of the NYS Defenders
Association Wilfred J. O’Connor
Award:
Helen & George Zimmermann
In Honor of Cheryl Smith Fisher
upon her successful completion
of her Bar Association presidency:
Maryann Saccomando Freedman
In Honor of the Marriage of Hon.
Frederick J. Marshall and Jody G.
Caprow:
Hon. Sharon S. & Bradlee W.
Townsend
In Honor of the Staff of the Bar
Association of Erie County:
Maryann Saccomando Freedman
In Honor of Francis X. Carroll,
Recipient of the Bar Association
of Erie County’s 2008 Lawyer of
the Year Award:
Jeffrey M. Freedman
In Honor of Maryann
Saccomando Freedman, First
Woman President of the Bar
Association of Erie County:
Richard & Loretta Yellen
In Memory of Hon. David J.
Mahoney:
Anthony D. Mancinelli
Arnold & Sue Gardner
Bar Association of Erie County
Barbara & Richard Wier
Coleman Volgenau
David R. Pfalzgraf
Defense Trial Lawyers of Erie County
Dr. & Mrs. W. Merrick Hayes, Jr.
Elaine K. Pease
Heidi Mahon
Helen & George Zimmermann
Hon. James B. Kane, Jr.
Hon. Norman E. Joslin
Howard Yood & Candace Vogel Yood
Hurwitz & Fine, PC
James N. Carlo
Janet & Wayne Wisbaum
Jeffrey M. Freedman
Joan M. Doerr
John E. Ballow
Joyce Hann & Robert Hunt
Justin S. White
Larry & Norrine Whissel
Marilyn M. Propis
Maryann Saccomando Freedman
Mr. & Mrs. Donald J. Holzman
Offermann, Cassano, Greco, Slisz
& Adams, LLP
Paul D. Pearson
Philip Celniker
Philip H. Magner, Jr.
Richard & Jane Griffin
The Country Club of Buffalo
Wayne & Helen Reilly
In Memory of Robert B. Moriarty:
Allan M. Lewis
Anthony D. Mancinelli
Bar Association of Erie County
Coleman Volgenau
Daniel D. Shonn
David R. Pfalzgraf
Ginger & David Maiman
Hon. Norman E. Joslin
Hon. Sharon S. & Bradlee W.
Townsend
Jean E. Gittler
John E. Ballow
Justin S. White
Michael J. Flaherty
Paul D. Pearson
Philip Celniker
Richard & Jane Griffin
In Memory of Betsy Glazer Hurley:
Bar Association of Erie County
David R. Pfalzgraf
James N. Carlo
Richard & Jane Griffin
In Memory of W. Barry Mallon, Jr.:
Bar Association of Erie County
Coleman Volgenau
Courtland R. LaVallee
Diane M. LaVallee
David, Mollie, Elizabeth &
Greg Lambert
Helen & George Zimmermann
Hon. Norman E. Joslin
Mr. & Mrs. Bronislaus S. Wojcik
Peter & Mary Fenger
Richard & Jane Griffin
Richard E. Moot
Willard & Marcia Magavern
In Memory of J. Gregory
Hoelscher:
Emily A. Kern & Mark K. Metz
In Memory of Stephen Carroll
(Brother of Francis X. Carroll):
David R. Pfalzgraf
Michael J. Flaherty
In Memory of Matthew R. Narby
(Son of George Narby):
James N. Carlo
In Memory of Edward I. Zolte:
Jeffrey M. Freedman
In Memory of Vincent White:
Justin S. White
In Memory of Molly Blotnik
(Mother of Michael M. Blotnik):
Howard Yood & Candace
Vogel Yood
In Memory of Clair Moonelis
(Mother of Hon. Penny Wolfgang):
Allan & Dana Lewis
Are You An Attorney
Struggling With
Depression?
If so, you’re definitely not alone. A recent
Johns Hopkins study of 108 occupations
found that lawyers topped the list of those
who suffered from depression. Attorneys were
found to suffer from depression at a rate of
four times that of the general population.
Depression is a treatable illness and the
right combination of medications and therapies can significantly improve the quality of
life for those who suffer from it.
Help and support are just a phone call
away. The Buffalo Support Group for
Lawyers with Depression meets monthly to
share stories and fellowship. The group meets
on the second and fourth Friday of each
month (except holidays). Meetings are held at
Bar Headquarters, 438 Main Street, Sixth
Floor, at 12:30 pm and lunch is provided.
There is no need to pre-register.
If you or a colleague are struggling with
depression, there is no need to suffer in
silence.
For further information, visit www.lawyerswithdepression.com or contact Ginger
Maiman at 481-3486 or gingerbmaiman
@yahoo.com. All calls are strictly confidential.
We invite you to join us and share your story.
Page I-1
Bar Association of Erie County
COMMITTEES
2008–2009
Admission to the Bar
Committee
Chair: Stephen R. Lamantia
Donald A. Alessi, Amy L. Andrus, Hon.
Rosalie S. Bailey, Diane F. Bosse, Ferdinand
J. Ciccarelli, Tasha T. Dandridge, Mariely
Downey, Robert M. Elardo, Bernard B.
Freedman, Andrew B. Isenberg, Heather A.
Johnson, Kenneth A. Krajewski, Michael C. Lancer, Diane M.
LaVallee, Thomas R. Lochner, Ryan Mills, David R. Pfalzgraf, Jr.,
Hon. Eugene F. Pigott, Jr., Joseph M. Ralabate, Thomas M. Rizzo,
Melinda R. Saran, Daniel G. Tronolone, Stephen L. Yonaty.
Board Liaison: Peter F. Brady
Alternative Dispute
Resolution Committee
Chair: Patricia H. Potts
Deborah M. Barone, Mary C. Baumgarten,
Howard E. Berger, Alan L. Bernstein, Diane
F. Bosse, Michael D. Braisted, Scott A.
Bylewski, Dennis J. Campagna, Catherine
A. Carey, Linda W. Chodos, Jane F.
Clemens, Jeremy A. Colby, Gina Marie DePrima, Carleen A.
Dunne, Leo J. Fallon, Robert J. Feldman, Raymond L. Fink,
Robert Donald Finn, Michael J. Flaherty, Kathleen Garvey, Lynn
D. Gates, William A. Gersten, E. Joseph Giroux, Jr., Eric L. Glazer,
Krista Gottlieb, Daniel M. Griebel, Richard F. Griffin, Ann
Giardina Hess, Susan S. Hogan, Aaron E. Kaplan, Jeffrey
Kingsley, David W. Kloss, Lindy Korn, Stephen J. Lacher, Michael
C. Lancer, Julie Loesch, Susan M. McClaren, Patrick J.
McDonnell, Lillian Medina, Michael R. Moravec, Timothy J.
Mordaunt, Acea M. Mosey, Jonathan Alan Mugel, Paula M. Eade
Newcomb, William E. Nitterauer, Lynnette Nogueras-Trummer,
Sharon Nosenchuck, Catherine R. Nugent, Mickey H.
Osterreicher, Anthony C. Parlato, Joel H. Paull, Paul D. Pearson,
Joseph L. Randazzo, Lois S. Rubin, Ross T. Runfola, Robert J.
Schreck, Lawrence A. Schulz, Edward J. Schwendler, III, Jeffrey A.
Sellers, Eugene M. Setel, Jeffrey A. Spencer, Daniel J. Sperrazza,
Gary M. Sterman, Steven R. Sugarman, Pierre A. Vincent, Judith
L. Voit, Hon. Timothy J. Walker, Kevin D. Walsh, Theresa M.
Walsh, James W. Whitcomb, David D. White, David W. Wilson,
Diane Y. Wray, Mary Quinn Wydysh.
Board Liaison: E. Michael Semple
Appellate Practice
Committee
Chair: Marilyn A. Hochfield
Joan Casilio Adams, Elizabeth G. Adymy,
Scott C. Billman, Bernardine M. Butler, Ann
M. Campbell, Samuel J. Capizzi, David C.
Caywood, William D. Christ, Jeremy A.
Colby, John A. Collins, Helen Kaney
Dempsey, Keith M. Fehrer, Amy Archer Flaherty, Troy S. Flascher,
Richard D. Furlong, Robert Emmett Gallagher, Jr., Kimberly D.
Gensler, Robert E. Glanville, Charles J. Greenberg, Jean Graziani
Greinert, Barbara Ellen Handschu, Shannon M. Heneghan,
Kevin M. Hogan, Timothy W. Hoover, Andrew B. Isenberg, Paul
F. Jones, Anna M. Zephro Jost, Kenneth R. Kirby, Denis A.
Kitchen, Jr., Stephen R. Lamantia, Edward J. Markarian, Jonathan
Alan Mugel, James I. Myers, David J. Pajak, Hon. Eugene F.
Pigott, Jr., J. Matthew Plunkett, Jennifer R. Scharf, Michael J.
Stachowski, Diana M. Straube, Kevin D. Szczepanski, Thomas P.
Theophilos, Christine Dombrowski Uba, Alan D. Voos, Jo Ann
M. Wahl, David S. Widenor, Roger W. Wilcox, Jr., Gretchen L.
Wylegala, Preston L. Zarlock.
Board Liaison: Kathleen M. Sweet
Banking Law Committee
Chair: Timothy P. Johnson
Divitta M. Alexander, Joseph W. Allen, John
P. Amershadian, Martha M. Anderson,
Sharon Prise Azurin, Kenneth F. Barone,
George F. Bellows, James W. Bennett, Glenn
J. Bobeck, Phillip Brothman, Cheryl A.
Brown, Francis X. Carroll, Timothy C.
Cashmore, Carrie Christy, Roger F. Cominsky, Douglas W.
Dimitroff, Deborah A. Doxey, Wendy K. Fechter, Karl
Frankovitch, Janis M. Golubock, Robert R. Goods, Victoria Lyn
Grady, Katherine L. Hesch, Thomas J. Keable, Thomas F. Keefe,
Christian G. Koelbl, III, Jennifer L. Krieger, Tim C. Loftis,
Anthony D. Mancinelli, Timothy G. McEvoy, Sean C. McPhee,
Rosalie A. Melisz, Serafina M. Mitri, Laura A. Monte, Roseanne J.
Moran, Ernest J. Norman, Helen Osgood, Michael A. Piette,
Sakina N. Riddell, Erica N. Rocco, Victoria J. Saxon, Thomas E.
Schofield, Stephen J. Schop, Timothy P. Seibold, Raymond H.
Seitz, Samuel L. Shapiro, Kelly Ann Silverman, Jonathan E.
Staehr, Kathleen M. Sweet, Alexandra E.J. Townson, Amy J.
Vigneron, Mark W. Warren, David S. Widenor, Frederick A. Wolf,
Andrew D. Yusick, Edward M. Zimmerman.
Board Liaison: Jill K. Bond
Bylaws Committee
Chair: Paul C. Weaver
George F. Bellows, Garry M. Graber.
Mark J. Stuhlmiller
CLE Advisory Committee
Chair: Brian R. Welsh
John J. Aman, Peter J. Battaglia, Mary C.
Baumgarten, Francis X. Carroll, Howard B.
Frank, Janis M. Golubock, Robert E. Knoer,
Martin J. Littlefield, Charles A. Messina,
Bruce D. Reinoso, Anna Marie Richmond,
Arthur A. Russ, Jr., Hugh M. Russ, III, Ryan
G. Smith, Daniel G. Tronolone.
Board Liaison: Glenn E. Murray
Commercial & Bankruptcy
Law Committee
Chair: Beth Ann Bivona
Joseph W. Allen, Michael L. Amodeo, Lisa
Bertino Beaser, James W. Bennett, Howard
E. Berger, Scott C. Billman, Richard J.
Biryla, David M. Block, Gary Bluestein,
Glenn J. Bobeck, Alan J. Bozer, Richard A.
Braden, Daniel F. Brown, William J. Brown, Joel Brownstein,
Hon. Carl L. Bucki, Harold P. Bulan, Scott A. Bylewski, Earl K.
Cantwell, II, Christopher A. Cardillo, Jennifer M. Catherine,
William Chen, Diane M. Ciurczak, Catherine Grantier Cooley,
William R. Crowe, Hon. John M. Curran, John D’Amato,
Jennifer M. Desmond, Lawrence C. DiGiulio, Brian W. Downey,
Ann E. Evanko, Randy C. Fahs, Bridget Marie Faso, Gabriel J.
Ferber, Raymond L. Fink, Robert A. Fiordaliso, Jeffrey M.
Freedman, Thomas J. Gaffney, Frederick J. Gawronski, Nicole C.
Gazzo, John J. Giardino, Robert M. Goldstein, Robert R. Goods,
Garry M. Graber, Charles J. Greenberg, Alvin M. Greene, Peter D.
Grubea, Randy H. Gugino, John P. Gullo, II, Brendan C. Hand,
Daniel J. Hartman, George Michael Hauss, Franklin W. Heller,
Katherine L. Hesch, Seth L. Hibbert, Kenneth R. Hiller, Morris L.
Horwitz, John J. Hurley, Adolph C. Iannaccone, William Ilecki,
Timothy P. Johnson, John M. Keavey, Joseph W. Keefe, William
Patrick Keefer, Jeffrey Kingsley, Denis A. Kitchen, Jr., Julia S.
Kreher, Robert L. Lash, David C. Laub, Matthew A. Lazroe,
Michael J. Lombardo, Steven K. Long, John Paul Luhr, Patricia
Mancabelli, Douglas W. Marky, Michael P. McClaren, Athena
McCrory, Angela Z. Miller, Terence W. Miller, Albert J. Mogavero,
Amy J. Murphy, Terrie Benson Murray, Melissa Hancock
Nickson, Deborah E. Nicosia, Christopher M. Pannozzo, James
A. Partacz, Philip A. Perna, Paul A. Peters, Anne M. Peterson,
Karen L. Peterson, Carmen J. Pino, Sharon M. Porcellio, Amy E.
Przewonzy, Samuel P. Puleo, Christopher K. Reed, Susan P.
Reinecke, Barbara R. Ridall, John H. Ring, III, Charles C. Ritter,
Jr., Laura Tulyk Rossi, John K. Rottaris, Anne S. Rutland,
Salvatore T. Sanfilippo, Daniel E. Sarzynski, William F. Savino,
Bernard Schenkler, Andrea Schillaci, Mark J. Schlant, John G.
Schmidt, Jr., Lawrence A. Schulz, Christopher D. Smith, Edward
J. Snyder, Jeffrey A. Spencer, Daniel J. Sperrazza, Jonathan E.
Staehr, Thomas A. Steffan, Raymond C. Stilwell, Amber E. Storr,
Annick Kamga Tchokonte, Diane R. Tiveron, Amy J. Vigneron,
Pierre A. Vincent, Surinder K. Virk, Hon. Timothy J. Walker,
Mark S. Wallach, Mark W. Warren, Paul R. Warren, Michael A.
Weishaar, Harry E. Werner, David S. Widenor, Wallace W. Wiens,
Roy L. Wixson, Tracy Sendor Woodrow, Stephen L. Yonaty,
Ronald W. Zackem, Preston L. Zarlock, Joseph E. Zdarsky, David
Zeigler.
Board Liaison: Robert J. Feldman
Committee for the Disabled
Chair: Janet L. Bensman
Richard G. Abbott, Arthur H. Ackerhalt,
Lisa J. Allen, Ann B. Bermingham, William
C. Bernhardi, William W. Berry, Alan B.
Block, Felice A. Brodsky, D. Jeffrey Buckley,
Colleen Ennis Buonocore, Thomas C.
Burnham, Louise E. Carey, John J.
Christopher, Joseph F. Crangle, Linda J. De
Tine, Jennifer M. Desmond, Lydia V. Evans, Thomas P. Feron,
Sarah A. Frederick, Jeffrey M. Freedman, Bruce A. Goldstein,
Josephine A. Greco, Lowell Grosse, James E. Hanlon, John J.
Hannibal, Kenneth R. Hiller, Elizabeth A. Ingold, Judith D.
Katzenelson, Joseph W. Keefe, Ellen Lawson, James M. Maloy,
Giles P. Manias, H. Jeffrey Marcus, Joseph A. Matteliano, Janet
McGlone, Kathleen A. Molloy, Jessica V. Murphy, Deborah A.
Olszowka, Sharon Anscombe Osgood, Rose M. Pedone, E. Peter
Pfaff, Jay C. Pletcher, Paul M. Pochepan, Melinda R. Saran, Lewis
L. Schwartz, Marc Shatkin, James R. Sheldon, Jr., Colleen A.
Sloan, Robert B. Sommerstein, Michele L. Sterlace-Accorsi,
Diana M. Straube, William J. Trask, Sr., Shelly Tsai, Frank R.
Vavonese, Mary E. Virginia, Elizabeth R. Wright, Marilyn Dixon
Zahm.
Board Liaison: Brian C. Mahoney
* This insert includes all of the Bar Association’s current standing committees. Ad hoc committees are not listed.
Committee on Eminent
Domain and Tax Certiorari
Chair: Peter Allen Weinmann
Divitta M. Alexander, Scott C. Becker,
Ronald P. Bennett, Paul J. Cieslik, Darryl J.
Colosi, William R. Crowe, David L.
Edmunds, Jr., Michael J. Flaherty, William
Patrick Keefer, Sabrina M. May, Kathleen E.
McMahon-Stoll, Mark R. McNamara, Robert Merino, Thomas
M. O’Donnell, Francis J. Offermann, Jr., Michael F. Perley, J.
Matthew Plunkett, Katherine B. Roach, Howard S. Rosenhoch,
Nancy W. Saia, Audrey Seeley, Maura C. Seibold, Karen Cook
Serotte, Ronald Scott Shubert, Daniel A. Spitzer, Michael J.
Stachowski, Gary M. Sterman, David L. Sweet, Wayne D.
Wisbaum, Bruce S. Zeftel.
Board Liaison: Laurie Styka Bloom
Cooperation with the
Accounting Profession &
Taxation Committee
Co-Chairs: Gary M. Kanaley and
Raymond P. Reichert
Jerome D. Adner, Raymond H. Barr, Paul A.
Battaglia, Gary Bluestein, Glenn J. Bobeck,
Peter F. Brady, Stephen R. Brady, Mark E.
Brand, Daniel F. Brown, Joel Brownstein,
Antonio Cardarelli, William Chen, Dennis
P. Cleary, David A. Clemens, David J.
Colligan, Paul R. Comeau, Roger F.
Cominsky, Lillian E.G. Cowan, John
D’Amato, Dennis J. Dee, John P. DePaolo,
Christopher L. Doyle, Anthony L. Eugeni,
Robert J. Feldman, Donald A. Fisher, Victor
J. Gagliardi, Sharon Stern Gerstman, Garry
M. Graber, Cindy Algase Gradl, Joseph J. Gumkowski, George
Michael Hauss, Debra Evans Hayden, James G. Hayden, Michele
O. Heffernan, Bruce W. Hoover, Ronald A. Huebsch, Jeffrey A.
Human, Gregory T. Ivancic, Heather A. Johnson, Alice A.
Joseffer, David H. Kernan, Mark S. Klein, Jennifer L. Krieger,
Allan R. Lipman, James A. Locke, David J. Luzon, Anthony D.
Mancinelli, Laura Konst Marecki, Christopher M. Marks,
Raymond N. McCabe, Laura A. Monte, William C. Moran,
Matthew B. Morey, James M. Mucklewee, Deborah J. Muhlbauer,
Amy J. Murphy, Ruth P. Newman, F. Harris Nichols, Sharon
Nosenchuck, Timothy M. O’Mara, Anthony C. Parlato, Anthony
C. Parlato, Raymond M. Pfeiffer, Carmen J. Pino, Lawrence M.
Ross, Arthur A. Russ, Jr., Martha L. Salzman, Jonathan D.
Schechter, Richard Charles Slisz, Jeffrey W. Stone, Mark L.
Stulmaker, David L. Sweet, Charles E. Telford, Jack Trachtenberg,
Cynthia E. Vance, Surinder K. Virk, Judy N. Cuzzacrea Wagner,
Marla Waiss, Jonathan D. Weir, Wallace W. Wiens, Roy L.
Wixson, Nelson F. Zakia, Kelly V. Zarcone, Arnold N. Zelman.
Board Liaison: Lawrence C. Franco
Corporation Law
Committee
Chair: Ronald J. Battaglia, Jr.
Jerome D. Adner, David H. Alexander,
Michael L. Amodeo, Martha M. Anderson,
Mark S. Aquino, Sharon Prise Azurin,
Thomas C. Bailey, George F. Bellows,
Jacqueline M. Blackley, Glenn J. Bobeck,
Christine Bonaguide, Stephen R. Brady, Karla Braun-Kolbe,
David A. Brody, Martha Buyer, Timothy C. Cashmore, William
Chen, Dennis P. Cleary, David A. Clemens, David J. Colligan,
Michael J. Colmerauer, Paul R. Comeau, Roger F. Cominsky,
Mark K. Cramer, Richard J. Day, Anthony L. Eugeni, Ann E.
Evanko, Randy C. Fahs, Robert J. Feldman, Robert Donald Finn,
Lawrence C. Franco, Karl Frankovitch, Kenneth P. Friedman,
Donald N. Fries, Janet Novakowski Gabel, Michael J. Gallagher,
Lawrence J. Gallick, Nancy E. Gates, Herbert J. Glose, Janis M.
Golubock, Krista Gottlieb, Cindy Algase Gradl, Christopher T.
Greene, William E. Grieshober, Jr., Donna Marie Hartnett, James
G. Hayden, Christopher A. Head, Pamela Davis Heilman, Bruce
W. Hoover, Sean W. Hopkins, Jeffrey A. Human, Annabelle V.
Irey, Gregory T. Ivancic, Kathryn A. Jackson, Charles P. Jacobs,
Julian Johnson, Daniel P. Joyce, Neil J. Katz, Peter G. Klein, John
J. Koeppel, Gerald L. Kohn, Harry N. Konst, Alan S. Korman,
Andrea Ruta Kozlowski, Christine G. LaBarre, Jessica E.
Lankford, Brian N. Lewandowski, Tim C. Loftis, Steven K. Long,
Rocco Lucente, II, Anthony D. Mancinelli, William E. Mathias, II,
Russell J. Matuszak, Timothy G. McEvoy, Diane J. McMahon,
Ryan Mills, Serafina M. Mitri, Laura A. Monte, Roseanne J.
Moran, William C. Moran, Matthew B. Morey, John A. Moscati,
Jr., Acea M. Mosey, David J. Murray, Ruth P. Newman, James R.
Newton, F. Harris Nichols, Gretchen M. Nichols, Ernest J.
Norman, Mary C. O’Connor, Sandra S. O’Loughlin, Anthony C.
Parlato, Mark J. Peszko, Raymond M. Pfeiffer, Carmen J. Pino,
Richard C. Pohlman, Lauren D. Rachlin, Mary Comeau
Raymond, Justin Reich, Brendan J. Rich, M.K. Gaedeke Roland,
Steven I. Rubinstein, Arthur A. Russ, Jr., David V. Sanchez, Jack
M. Sanchez, Jonathan D. Schechter, Michael Schiavone, Gary M.
Schober, Thomas E. Schofield, Stephen J. Schop, Daniel J. Scully,
Timothy P. Seibold, Richard Charles Slisz, James W. Smyton,
Edward J. Snyder, Kenneth J. Sodaro, Lisa A. Stidham, Jeffrey W.
Stone, Michael E. Storck, Annick Kamga Tchokonte, Charles E.
Telford, Diane R. Tiveron, Elizabeth M. Tommaney, Paul J.
Vallone, Amy J. Vigneron, Therese M. Vita, Paul C. Weaver,
Jonathan D. Weir, Frederick A. Wolf, Richard D. Yellen, John J.
Zak, Kevin J. Zanner, Arnold N. Zelman.
Board Liaison: Jill K. Bond
Page I-2
C O M M I T T E E S 2008–2009
Criminal Law Committee
Chair: Rodney O. Personius
Leigh E. Anderson, Timothy J. Andruschat,
John M. Ange, Sunil Bakshi, Michael F.
Barone, Debra K. Bender, Robert Berkun,
Sherwood L. Bestry, Nancy J. Bizub, George
Russell Blair, Jr., Michael M. Blotnik, Robert
L. Boreanaz, Bryan G. Brockway, E. Carey
Cantwell, Catherine A. Carey, Louise E.
Carey, Peter M. Carey, Deborah Carr-Hoagland, Kenneth F. Case,
A. Joseph Catalano, Michael J. Chmiel, Joseph R. Connelly,
Robert J. Croyle, Barry S. Dolgoff, John P. Duffy, John V. Elmore,
Mark G. Farrell, Keith M. Fehrer, Wayne C. Felle, Lenora B.
Foote, George Hamilton Forman, Daniel C. Gard, John M.
Garrity, Eugene M. Gaughan, Giovanni Genovese, Mary E.
Giallanza, Robert M. Goldstein, Daniel P. Grasso, Charles J.
Greenberg, John J. Gruber, Robert H. Gurbacki, F. Alejandro
Gutierrez, John J. Hannibal, James P. Harrington, Shannon M.
Heneghan, Raymond C. Herman, III, Ann Giardina Hess,
Timothy W. Hoover, Joseph T. Jarzembek, David G. Jay, Julian
Johnson, John A. Joseph, III, Thomas P. Kawalec, John M.
Keavey, David S. Kelly, Michael T. Kelly, Peter M. Kooshoian,
Joshua Korman, Kristin G. Kozlowski, Fonda Dawn Kubiak,
Joseph M. LaTona, Mary Jo Lattimore-Young, Diane M. LaVallee,
Robert D. Lonski, Andrew C. LoTempio, Scott M. Lupiani, Kevin
S. Mahoney, Jeffrey C. Mannillo, Charles J. Marchese, Jeffrey P.
Markello, Philip M. Marshall, Brenda A. Mattar, Kathleen M.
McDonald, Brian M. Melber, Cheryl Meyers-Buth, John V.
(Sean) Millane, III, Terence W. Miller, Ryan Mills, Nicholas L.
Mineo, Timothy J. Mordaunt, Mark Morgan, Glenn Edward
Murray, Terence B. Newcomb, Sharon Nosenchuck, John R.
Nuchereno, David J. Pajak, Christopher M. Pannozzo, Mark J.
Peszko, Karen L. Peterson, Wallace C. Piotrowski, David W.
Polak, Melissa Potzler, Eva Rubinstein, Jack M. Sanchez, Salvatore
T. Sanfilippo, Andrea Schillaci, Robert J. Schreck, Claudia S.
Schultz, Alamdar H. Shah, Harvey F. Siegel, David K. Silverberg,
Joseph F. Sinkewicz, Jr., Robert B. Sommerstein, Kevin W. Spitler,
Douglas P. Stiller, Annick Kamga Tchokonte, Joseph J. Terranova,
Phillip A. Thielman, David P. Todaro, Thomas Trbovich, Deanne
M. Tripi, Ayoka Tucker, Christine Dombrowski Uba, Mark R.
Uba, Denis J. Uminski, Lisa A. Valvo, Norman B. Viti, Jr., David
Whittemore, David S. Widenor, Wallace W. Wiens, Roger W.
Wilcox, Jr., Jeri N. Wright, Howard L. Yood.
Board Liaison: Daniel J. Henry, Jr.
Elder Law Committee
Chair: Charles Beinhauer
Joseph A. Ables, Jr., George S. Adamson,
David H. Alexander, Lisa J. Allen, Modesto
A. Argenio, Joseph M. Augustine, Jill Aures,
Melissa A. Bader, Brian D. Baird, Beata
Banas, Deborah M. Barone, Noel E. Bartlo,
Holly Adams Beecher, Debra K. Bender,
William W. Berry, David W. Beyer, Richard
J. Biryla, Stephen R. Brady, John G. Brenon, Felice A. Brodsky,
Phillip Brothman, Gordon M. Brown, Marla DePan Brown, Joel
Brownstein, Colleen Ennis Buonocore, Louise E. Carey, Edward
J. Carland, James N. Carlo, Deborah Carr-Hoagland, Jerome D.
Carrel, Katherine E. Cauley, Anthony F. Cerrone, Sherry Ann
Chase, Ferdinand J. Ciccarelli, Richard W. Cole, Peter L. Costa,
Joseph F. Crangle, Victoria L. D’Angelo, William H. Daetsch,
Dennis J. Dee, John P. Dee, Gayle L. Eagan, Susan J. Egloff,
Patrick L. Emmerling, Keith M. Fehrer, Helen Ferraro-Zaffram,
Howard B. Frank, Robert Friedman, Donald N. Fries, Victor J.
Gagliardi, Sue S. Gardner, Henry D. Gartner, Patricia A. George,
Joseph F. Gervase, Jr., Margery H. Geyer, Herbert J. Glose, Krista
Gottlieb, Cindy Algase Gradl, Gerald J. Greenan, Elizabeth Bridge
Greenman, James E. Hanlon, John J. Hannibal, William D.
Harrington, Paul Michael Hassett, George Michael Hauss, Tina
M. Hawthorne, Debra Evans Hayden, Ann Giardina Hess,
Andrew C. Hilton, III, Ronald A. Huebsch, Elizabeth A. Ingold,
Kathryn A. Jackson, Robert I. Jadd, Craig H. Johnson, E. Thomas
Jones, Tara N. Kamble, Judith D. Katzenelson, Thomas J. Kelly,
Denis A. Kitchen, Jr., Peter E. Klaasesz, Michael L. Kobiolka,
Thomas G. Kobus, Harry N. Konst, Peter M. Kooshoian, Joshua
Korman, Eleanor T. Kubiniec, Paul W. Kullman, Richard S.
Kwieciak, Mary Jo Lattimore-Young, Carolyn E. Leed, Catherine
West Lefko, Richard J. Lehner, John F. Leone, Michael J.
Lombardo, Leonard G. London, Ralph C. Lorigo, Melissa
LoTempio, David J. Luzon, James M. Maloy, Robert L. Marinelli,
Christopher M. Marks, Mary Kennedy Martin, Peter J. Martin,
Brenda A. Mattar, Lisa McDougall, Lillian Medina, Peter P.
Melin, Laurie L. Menzies, Robert Merino, Terence W. Miller,
Ryan Mills, Rebecca E. Monte, Richard E. Moot, William C.
Moran, Timothy J. Mordaunt, Richard H. Murphy, Terrie Benson
Murray, Sue Dealy Murszewski, James I. Myers, Ruth P. Newman,
James R. Newton, Karen L. Nicolson, Timothy M. O’Mara,
Francis J. Offermann, Jr., Anthony C. Parlato, Raymond M.
Pfeiffer, Carmen J. Pino, Rosalind M. Polanowski, Gregory A.
Pope, Michael Pysz, Joseph M. Ralabate, Bruce D. Reinoso, John
W. Rickers, Jr., Jay W. Ricketts, George E. Riedel, Jr., Thomas M.
Rizzo, Edward C. Robinson, Mary Engler Roche, R. Anthony
Ronci, Richard P. Rosso, Lois S. Rubin, Michael J. Ryan, Marlin
B. Salmon, Salvatore T. Sanfilippo, Barbara A. Schaus, Richard
M. Schaus, Jonathan D. Schechter, Geralyn A. Schiffler, William
D. Schulz, Lawrence R. Schwach, Lewis L. Schwartz, Edward J.
Schwendler, Jr., Richard G. Schwind, Michael R. Shannon,
Samuel L. Shapiro, Daniel D. Shonn, Jr., Myron M. Siegel, Robert
G. Sillars, Stephen R. Silverstein, Richard Charles Slisz, Jamie M.
Smith, Daniel L. Smolarek, Christopher J. Smolka, John C.
Spitzmiller, Michael J. Stachowski, Thomas A. Steffan, Michele L.
Sterlace-Accorsi, Diana M. Straube, Robert W. Tills, Shelly Tsai,
Lisa A. Valvo, Veronica A. Van Nest, Cynthia E. Vance, Marysue
Visser, Therese M. Vita, Candace K. Vogel, Judith L. Voit, Judy N.
Cuzzacrea Wagner, Mark R. Walling, Michael A. Wargula, Jeffrey
L. Whiting, Mary Ann E. Wiater, Elaine Kupp Wick, David W.
Wilson, Peter C. Wiltse, Douglas L. Winokur, Thomas J.
Wojciechowski, Laurence H. Woodward, Elizabeth R. Wright,
Raymond V. Wylegala, Richard D. Yellen, Kelly V. Zarcone,
Arnold N. Zelman.
Board Liaison: Nancy W. Saia
Environmental Law
Committee
Chair: R. Hugh Stephens
Peter J. Battaglia, Richard G. Berger, Robert
L. Besanceney, David A. Brody, Nicole M.
Burroughs, Christopher A. Cardillo, Hugh
C. Carlin, Paul J. Cieslik, Michael T. Coutu,
Regina A. Del Vecchio, Jennifer Dougherty,
Donald A. Fisher, David P. Flynn, Robert E. Glanville, James W.
Gormley, Morgan G. Graham, Charles D. Grieco, Dennis P.
Harkawik, David M. Hehr, Kevin M. Hogan, Sean W. Hopkins,
Paul F. Jones, Brenda J. Joyce, Kenneth R. Kirby, Robert E. Knoer,
John T. Kolaga, Alice J. Kryzan, Scott M. Lupiani, James L.
Magavern, Charles C. Martorana, Rebecca McCauley, Robert
Merino, Harry G. Meyer, Sandra A. Nasca, Ernest J. Norman,
Anthony M. Nosek, Mark J. Peszko, Lauren D. Rachlin, Mary
Comeau Raymond, Steven J. Ricca, Earl T. Robinson, III, Marc A.
Romanowski, Alicia C. Rood, Randy C. Rucinski, Peter G.
Ruppar, Barbara L. Schifeling, Elsa J. Schmidt, Nicholas L.
Schmitt, Audrey Seeley, Gene M. Simon, Daniel A. Spitzer,
Charles E. Telford, George S. Van Nest, Peter P. Vasilion, Marysue
Visser, Hon. Timothy J. Walker, Adam S. Walters, A. Timothy
Webster, David S. Widenor, J. Joseph Wilder.
Board Liaison: Laurie Styka Bloom
Federal Practice Committee
Chair: Anna Marie Richmond
Joseph W. Allen, Timothy J. Altieri, David T.
Archer, Hedwig M. Auletta, Frank V. Balon,
Mary C. Baumgarten, Margot S. Bennett,
Leonard Berkowitz, Beth Ann Bivona,
Robert L. Boreanaz, Diane F. Bosse, Alan J.
Bozer, Michael A. Brady, Patrick J. Brown,
Theodore J. Burns, Bernardine M. Butler, E.
Carey Cantwell, Earl K. Cantwell, II, Christopher A. Cardillo,
Shawn W. Carey, Hugh C. Carlin, Charles S. Carra, Michael M.
Chelus, William D. Christ, Jeremy A. Colby, Robert B. Conklin,
Linda J. De Tine, R. Scott DeLuca, Patrick John Donoghue,
Robert A. Doren, Dean M. Drew, Bridget Marie Faso, William M.
Feigenbaum, Brian P. Fitzgerald, Andrew P. Fleming, Daniel P.
Forsyth, Richard D. Furlong, Robert Emmett Gallagher, Jr.,
Jodyann Galvin, John J. Giardino, Robert E. Glanville, James W.
Grable, Jr., Wayne R. Gradl, Sheila G. Graziano, Leslie Mark
Greenbaum, Daniel M. Griebel, Scott T. Hanson, David R. Hayes,
Richard C. Heffern, Judy Sager Hernandez, Kate L. Hill, Marilyn
A. Hochfield, Kevin M. Hogan, Timothy W. Hoover, Colleen
O’Connell Jancevski, Heather A. Johnson, Paul F. Jones, Linda H.
Joseph, Thomas P. Kawalec, Kevin M. Kearney, Lindy Korn,
Christine G. LaBarre, Thomas S. Lane, Robert L. Lash, J. Michael
Lennon, II, Laura Ann Linneball, Daniel T. Lukasik, Rebecca
McCauley, Michael P. McClaren, Susan M. McClaren, Patrick J.
McDonnell, Brian M. Melber, Cheryl Meyers-Buth, Mark A.
Molloy, Harry F. Mooney, Jonathan Alan Mugel, Glenn Edward
Murray, James J. Navagh, Melissa Hancock Nickson, Stephen M.
O’Neill, David J. Pajak, Nelson Perel, Paul I. Perlman, Rodney O.
Personius, Anne M. Peterson, E. Peter Pfaff, Sharon M. Porcellio,
Willard M. Pottle, Jr., Michael B. Powers, Scott C. Printup, Lawlor
F. Quinlan, III, Colin D. Ramsey, Mary (Molly) K. Roach, Diane
Marie Roberts, Michael J. Roemer, James J. Rooney, J. David
Sampson, William F. Savino, Mark J. Schaefer, Andrea Schillaci,
John G. Schmidt, Jr., William C. Schoellkopf, Ginger D. Schroder,
Eric W. Schultz, Lawrence A. Schulz, Kathleen M. Sellers,
Leonardo D. Sette-Camara, Jeffrey Signor, Stanley J. Sliwa, Lisa L.
Smith, Jeffrey C. Stravino, Aaron Sukert, Peter B. Sullivan, Steve
Suneson, Kevin D. Szczepanski, Annick Kamga Tchokonte,
Eugene C. Tenney, Christine Dombrowski Uba, Mark R. Uba,
Pierre A. Vincent, Hon. Timothy J. Walker, John J. Weinholtz,
Robert C. Weissflach, James W. Whitcomb, Kevin P. Wicka,
David S. Widenor, J. Joseph Wilder, Thomas S. Wiswall, Gretchen
L. Wylegala, Preston L. Zarlock.
Board Liaison: Peter F. Brady
Health Care Law Committee
Chair: Lisa McDougall
Carrie Adamczyk, RN, George S. Adamson,
Janice A. Barber, Ericka N. Bennett, Susan
A. Benz, Jacqueline M. Blackley, Mark E.
Brand, Sally Broad, T. Alan Brown, Rodney
D. Butler, Ann M. Campbell, Sherry Ann
Chase, Jane F. Clemens, Frederick B. Cohen,
Mark K. Cramer, John DeFazio, Lawrence
C. DiGiulio, Mariely Downey, David L. Edmunds, Jr., Keith M.
Fehrer, Amy Archer Flaherty, Lenora B. Foote, Sandra Friedfertig,
Chester J. Gary, Herbert J. Glose, Bruce A. Goldstein, James W.
Gormley, Daniel M. Griebel, J. Mark Gruber, Marianne E.
Hanley, John J. Hannibal, Scott R. Hapeman, Georgette Morphis
Hasiotis, Mary Jo Herrscher, Bernadette Hoppe, William Patrick
Keefer, Harry N. Konst, Christine G. LaBarre, Linda C. Laing,
Nancy M. Langer, Laura Ann Linneball, Brian C. Mahoney,
Stephen A. Manuele, Richard C. Marcus, Linda J. Marsh, Joseph
V. McCarthy, Virginia C. McEldowney, Lillian Medina, Carolyn
Messana-Morrow, Joseph G. Moreno, James M. Mucklewee,
Penny Martin Munschauer, David J. Murray, Maureen R.L.
Mussenden, Dawn M. Myszka, James J. Navagh, Dia H.
Nicolatos, Karen L. Nicolson, Lynnette Nogueras-Trummer,
Charles R. Notaro, Mary C. O’Connor, Francis J. Offermann, Jr.,
Michelle Parker, Joel H. Paull, Susan M. Piver, Cheryl A. Possenti,
Timothy J. Quinlivan, Mary Comeau Raymond, Diane L. Reboy
MS, RN, LNCC F-ABFN, Kathleen M. Reilly, Bruce D. Reinoso,
Aven Rennie, John W. Rickers, Jr., Michael J. Roach, Meghann N.
Roehl, Sharyn G. Rogers, M.K. Gaedeke Roland, Marylou
Kathryn Roshia, Lawrence M. Ross, Laura Tulyk Rossi, Eva
Rubinstein, Steven I. Rubinstein, Jennifer R. Scharf, Barbara L.
Schifeling, Daniel J. Scully, Maura C. Seibold, Michael B. Sexton,
James R. Sheldon, Jr., Barbara A. Sherk, Carmen L. Snell,
Kenneth J. Sodaro, Gary M. Sterman, Joseph A. Stoeckl, Diana
M. Straube, Kathleen M. Sweet, Susan Bring Tobe, Christine A.
Trojan, BSN, RN, LNCC, Shelly Tsai, Karen D. Tunis-Manny,
Christine Dombrowski Uba, Lisa A. Valvo, Christopher R. Viney,
Surinder K. Virk, Marysue Visser, Ruthanne Wannop, Francis P.
Weimer, David Mark Wexler, Eileen M. Wheeler, Cynthia
Wojciechowski, Richard D. Yellen.
Board Liaison: Kevin W. Spitler
Human Rights Committee
Chair: Alan J. Bozer
Holly Baum, Diane M. Ciurczak, John
DeFazio, Stephanie G. Elliott, Allen W.
Farabee, Sophie Feal, Lisa R. Gradascevic,
Charles J. Greenberg, Daniel M. Griebel,
Marc D. Hess, Marilyn A. Hochfield, David
G. Jay, Norman E. Joslin, Anne E. Joynt,
John N. Lipsitz, Paige Rizzo Mecca, Glenn Edward Murray, John
J. Phelan, Richard J. Rosche, Melissa Sanchez, Leonardo D. SetteCamara, Aaron Sukert, Marysue Visser, Jeffrey Weiss, John A.
Ziegler.
Board Liaison: Kevin W. Spitler
Immigration Law
Committee
Chair: Robert D. Kolken
David R. Addelman, Gretchen P. Aylward,
Erin E. Bahn, Michael B. Berger, Rosemary
Gavigan Bis, Kenneth A. Cohen, Jennifer M.
Demert, Melinda G. Disare, James D. Eiss,
Sophie Feal, Lenora B. Foote, Daniel M.
Griebel, Natalie A. Grigg, F. Alejandro Gutierrez, John P. Hains,
Michele Berg Henriques, Marc D. Hess, Joseph T. Jarzembek,
David W. Kloss, Brian N. Lewandowski, Michael Likoudis, Lance
J. Madden, Michael E. Marszalkowski, Rita Nischal, William Z.
Reich, Melissa Sanchez, Thomas E. Schofield, Eric W. Schultz,
Michael I. Serotte, Alamdar H. Shah, Annick Kamga Tchokonte,
John L. Trigilio, Lisa A. Valvo, Surinder K. Virk, Andrew
MacDonald Wilson.
Board Liaison: Jill K. Bond
Insurance Plans Committee
Chair: Andrew D. Merrick
Jerome D. Carrel, Joseph A. Matteliano, Joel
H. Paull.
Board Liaison: Robert J. Feldman
Intellectual Property,
Computer & Entertainment
Law Committee
Chair: Ellen Swartz Simpson
Kenneth W. Africano, Amy L. Andrus,
Robert C. Atkinson, Edwin T. Bean, Jr.,
Candace Lynn Bell, Michael J. Berchou,
Stephen R. Brady, Nicole M. Burroughs, Martha Buyer, Catherine
A. Carey, Michael F. Chelus, Michael M. Chelus, William Chen,
David A. Clemens, Stephanie A. Cole, Patricia M. Costanzo, John
DeFazio, Anne F. Downey, Randy C. Fahs, Kenneth J. Farrell,
William M. Feigenbaum, Robert Donald Finn, Donald A. Fisher,
Lenora B. Foote, Steven S. Fox, Cindy Algase Gradl, Leslie Mark
Greenbaum, Charles J. Greenberg, John P. Hains, Tara HartNova, Georgette Morphis Hasiotis, Marion K. Henderson, Sean
W. Hopkins, Annabelle V. Irey, Julian Johnson, John A. Joseph,
III, Linda H. Joseph, Daniel P. Joyce, Ranjana D. Kadle, Alan S.
Korman, Susan M. Lankenau, C. Richard Lohrman, Vincent G.
LoTempio, Michael E. Marszalkowski, Kevin D. McCarthy, Lillian
Medina, Rosalie A. Melisz, Laura A. Monte, John A. Moscati, Jr.,
Lisa M. Mueller, Lynnette Nogueras-Trummer, Stephen M.
O’Neill, Paul I. Perlman, Barbara Ann Piazza, Carmen J. Pino,
Lisa Primerano, David L. Principe, Sallie G. Randolph, Aven
Rennie, Gary M. Schober, Sean D. Schoenborn, Stuart B. Shapiro,
Barbara A. Sherk, Robert P. Simpson, Christopher D. Smith,
George L. Snyder, Jr., Michael E. Storck, Mark J. Stuhlmiller,
Kenneth D. Suzan, Charles Craig Swanekamp, Annick Kamga
Tchokonte, John C. Thompson, Elizabeth M. Tommaney, Karla
M. Weyand, David S. Widenor, Arnold N. Zelman.
Board Liaison: Brian C. Mahoney
Judges’ Committee
Chair: Hon. John P. Lane
Hon. Carl L. Bucki, Hon. Christopher J.
Burns, Hon. Russell P. Buscaglia, Mark G.
Farrell, Hon. Joseph R. Glownia, Hon.
Jerome C. Gorski, Hon. Deborah A.
Haendiges, Hon. John P. Lane, Douglas W.
Marky, Hon. John A. Michalek, Hon. John
F. O’Donnell, Hon. Erin M. Peradotto, Hon.
Eugene F. Pigott, Jr., Hon. Frank A. Sedita, Jr., Hon. Donna M.
Siwek, James J. Spann, Jr., Jeffrey F. Voelkl, Kevin D. Walsh.
Judiciary Committee
Chair: Scott M. Schwartz
Joan Casilio Adams, Daniel E. Barry, Jr.,
Stephen Boyd, Michael A. Brady, Michele A.
Brown, Joel Brownstein, Thomas E.
Brydges, Sanford L. Clark, Thomas P.
Cunningham, John M. Dempsey, Melissa
Ann Foti, Carol White Gibson, Nicholas W.
Hicks, Frank T. Housh, David G. Jay,
William J. Kita, Mark A. Molloy, Lynn A. Murphy, Paula M. Eade
Newcomb, Thomas E. Roberts, Walter L. Rooth, III, Hugh M.
Russ, III, Steven R. Sugarman, Mark R. Uba, Tracy Sendor
Woodrow, Mary Quinn Wydysh, Nelson F. Zakia, Steven M.
Zweig.
Board Liaison: Laurie Styka Bloom
Labor Law Committee
Chair: Sean P. Beiter
Modesto A. Argenio, Jenifer S. Barr, Judith
A. Biltekoff, Rosemary Gavigan Bis, Robert
L. Boreanaz, Richard A. Braden, Elisha J.
Burkart, Dennis J. Campagna, Earl K.
Cantwell, II, Hugh C. Carlin, Elizabeth D.
Carlson, Charles S. Carra, Tracie L. Covey,
R. Scott DeLuca, Gina Marie DePrima, Melinda G. Disare, James
C O M M I T T E E S 2008–2009
P. Domagalski, James D. Donathen, Robert A. Doren, Ann E.
Evanko, Randy C. Fahs, Karen B. Feger, Lynne Marie Finn,
Andrew P. Fleming, Lenora B. Foote, Daniel P. Forsyth, Richard
D. Furlong, Jodyann Galvin, Jerry A. Gambino, Daniel C. Gard,
Nancy E. Gates, E. Joseph Giroux, Jr., Wendy D. Glauber, Peter C.
Godfrey, Krista Gottlieb, Wayne R. Gradl, William E. Grande,
James R. Grasso, Thomas N. Graziani, Josephine A. Greco,
Margaret P. Gryko, David E. Hall, James E. Hanlon, Robert P.
Heary, Richard C. Heffern, Judy Sager Hernandez, Marilyn A.
Hochfield, Colleen O’Connell Jancevski, Susan S. Johnson, Linda
H. Joseph, Aaron E. Kaplan, Thomas P. Kawalec, Thomas G.
Kobus, Alan S. Korman, Lindy Korn, Christine G. LaBarre,
Steven K. Long, Tracie L. Lopardi, Susan M. McClaren, Philip H.
McIntyre, Bryan E. Miller, Ryan Mills, Mark A. Moldenhauer,
Michael R. Moravec, Mark Morgan, Sarah J. Mugel, James I.
Myers, Kathleen E. O’Hara, Timothy M. O’Mara, Randall M.
Odza, Laurence B. Oppenheimer, Randolph C. Oppenheimer,
Patricia Ann Pancoe, Mark G. Pearce, E. Peter Pfaff, Edward G.
Piwowarczyk, Joel M. Poch, Christopher D. Porter, Joseph L.
Randazzo, Robert J. Reden, Anna Marie Richmond, Amy Habib
Rittling, Diane Marie Roberts, James J. Rooney, Randy C.
Rucinski, Joseph F. Saeli, Jr., Eugene W. Salisbury, Andrea L.
Sammarco, Tracy Dale Sammarco, Melissa Sanchez, Harvey P.
Sanders, James N. Schmit, Ginger D. Schroder, W. James Schwan,
Jeffrey Signor, Anne Smith Simet, Carmen L. Snell, Kenneth J.
Sodaro, Aaron Sukert, Peter B. Sullivan, Sarah E. Tollner, Pierre
A. Vincent, Marysue Visser, Theresa M. Walsh, Paul D. Weiss,
Robert C. Weissflach, Kristin Klein Wheaton, Kevin P. Wicka,
Richard H. Wyssling, Richard D. Yellen.
Board Liaison: Jill K. Bond
Lawyer Referral & Information
Service Committee
Chair: Robert A. Fiordaliso
Jerome D. Carrel, Andrew P. Fleming, Alvin
M. Greene, Robert H. Gurbacki, Lawrence
S. Lewis, Jennie M. Muscarella, Christopher
J. O’Brien, David J. Pajak, Mark J. Peszko,
Jay N. Rosenthal, Irving M. Shuman,
Edward J. Snyder, Roy L. Wixson.
Matrimonial & Family Law
Committee
Chair: Catherine E. Nagel
Joan Casilio Adams, Cheryl A. Aloi, John J.
Aman, Nicholas P. Amigone, III, Grace
Marie Ange, Kristin Langdon Arcuri, Julie
A. Atti, Joseph M. Augustine, Hon. Rosalie
S. Bailey, Sunil Bakshi, Kelly L. Ball, Joseph
C. Bania, Rebecca H. Baritot, Holly Baum, Ruth E. Baum, Mary
C. Baumgarten, Sheldon B. Benatovich, David A. Bernsohn,
Katherine J. Bestine, Nancy J. Bizub, Michael M. Blotnik, Ann
Marie Boland, Mary B. Bowman, Christopher J. Brechtel, Bryan
G. Brockway, Gordon M. Brown, Michele A. Brown, Joel
Brownstein, Hon. Paul G. Buchanan, Paul T. Bumbalo, Eugene
Vincent Burke, Thomas E. Butler, Louis M. Cacciato, Emil J.
Cappelli, Deborah Carr-Hoagland, Hon. Kevin M. Carter,
Thomas R. Cassano, Donna M. Castiglione, Melissa A.
Cavagnaro, Michelle G. Chaas, Cindy Chandler, Michael J.
Chmiel, Linda W. Chodos, Ronald M. Cinelli, Diane M.
Ciurczak, Jamie L. Codjovi, Emilio Colaiacovo, Richard W. Cole,
Susan B. Collins, Carol A. Condon, Mary Anne Connell, Joseph
R. Connelly, Peter L. Costa, Kathleen A. Crowley, Robert J.
Croyle, Roger T. Davison, Julie Ann Dee, Regina A. Del Vecchio,
Gina Marie DePrima, Sheila Sullivan Dickinson, Noralyn A.
Dillon, Linda M. DiPasquale, Elizabeth M. DiPirro, Cecile Mathis
Dorliae, John B. Elliott, Laura J. Emerson, Julie Falvey, Noemi
Fernandez-Hiltz, Kelly A. Feron, Peter J. Fiorella, Jr., Jennifer G.
Flannery, Lenora B. Foote, George Hamilton Forman, Bernard B.
Freedman, Brenda M. Freedman, Maryann Saccomando
Freedman, Thomas J. Gaffney, Eugene M. Gaughan, Stuart A.
Gellman, Giovanni Genovese, Mary E. Giallanza, Richard H.
Gordon, Lisa R. Gradascevic, Murray J. Grashow, Daniel P.
Grasso, Sheila G. Graziano, Alvin M. Greene, Elizabeth Bridge
Greenman, Hon. Deborah A. Haendiges, Barbara Ellen
Handschu, Tracy Scott Harrienger, James P. Harrington,
Georgette Morphis Hasiotis, Donna L. Haslinger, Tina M.
Hawthorne, Michele Berg Henriques, Ann Giardina Hess, Carla
E. Higgins, Mark G. Hirschorn, Hollis M. Hite, Susan S. Hogan,
Bernadette Hoppe, Ronald A. Huebsch, Mark A. Hulnick, John J.
Jablonski, Joseph T. Jarzembek, Julian Johnson, Keith I. Kadish,
Allan H. Kaminsky, Tracey A. Kassman, Eileen Katz, Barbara A.
Kilbridge, Denis A. Kitchen, Jr., Anna M. Kobialka, Kristin G.
Kozlowski, James A. Kreuzer, Carl B. Kustell, Thomas S. Labin,
James F. Lagona, Lawrence S. Lane, Frederick M. Lang, Mary Jo
Lattimore-Young, Bennett Leader, Richard J. Lehner, Marilyn E.
Lew, Howard S. Lipman, Thomas R. Lochner, Julie Loesch, Mark
J. Longo, Joan E. Maloney, Jeffrey C. Mannillo, Charles J.
Marchese, Randy S. Margulis, Jeffrey P. Markello, Mia McFarlane
Markello, Mindy L. Marranca, Philip M. Marshall, Christopher S.
Mattingly, Suzanne M. Maxwell, Maureen A. McCready, Athena
McCrory, Patrick J. McDonnell, Pamela M. McGorry, Paige Rizzo
Mecca, Lillian Medina, Charles A. Messina, Hon. John A.
Michalek, Raymond T. Miles, III, John V. (Sean) Millane, III,
Terence W. Miller, Rachel L. Mitchell, Timothy J. Mordaunt,
Keith A. Morgenheim, Lynn A. Murphy, Hon. Patrick H.
NeMoyer, Sharon Nosenchuck, Barbara S. Nuchereno, Bridget
M. O’Connell, Hon. John F. O’Donnell, Patrick C. O’Reilly,
Evelyne A. O’Sullivan, Kenneth A. Olena, Sharon Anscombe
Osgood, Mickey H. Osterreicher, David J. Pajak, Beth A. Parlato,
Nadine E. Patterson, Paul D. Pearson, Hon. Erin M. Peradotto,
Karen L. Peterson, Raymond M. Pfeiffer, Hon. Eugene F. Pigott,
Jr., Rosalind M. Polanowski, Michael Pysz, Susan P. Reinecke,
James P. Renda, Jay W. Ricketts, Andrea M. Rigdon, Katherine B.
Roach, Hon. Lisa Bloch Rodwin, R. Anthony Ronci, Hon. Janice
M. Rosa, Richard J. Rosche, Michael Anthony Rossi, Debra C.
Rougeux, Lois S. Rubin, Ross T. Runfola, Judith E. Samber, Jack
M. Sanchez, Salvatore T. Sanfilippo, Christine Saturnino, Barbara
A. Sauer, Barbara A. Schaus, Richard M. Schaus, Robert J.
Schreck, Hon. Frank A. Sedita, Jr., Alamdar H. Shah, Kevin
Patrick Shelby, David A. Siegel, Harvey F. Siegel, Jeffrey Signor,
David K. Silverberg, Michael S. Simon, Hon. Donna M. Siwek,
Mary L. Slisz, Richard Charles Slisz, Edward J. Snyder, Robert B.
Sommerstein, John E. Spadafora, Jeffrey A. Spencer, Daniel J.
Sperrazza, Michael J. Stachowski, Robert S. Stephenson, Michele
L. Sterlace-Accorsi, David G. Stiller, Diana M. Straube, Steven R.
Sugarman, Aaron Sukert, Pamela H. Thibodeau, Tara L.
Trammell, John L. Trigilio, Deanne M. Tripi, Daniel G.
Tronolone, Shelley A. Truex, Ayoka Tucker, Lisa A. Valvo, B.
Diane Vance, Paul A. Vance, Robert R. Vario, Catharine M.
Venzon, Jessica Vesper, Marysue Visser, Judith L. Voit, Deborah
A. Walker-DeWitt, Dennis E. Ward, Amanda M. Warner, Joan
Warren, Brian R. Welsh, David D. White, Justin S. White, Jeffrey
A. Wieczkowski, Wallace W. Wiens, David W. Wilson, Steven G.
Wiseman, Diane Y. Wray, Jeri N. Wright, Howard L. Yood, Nelson
F. Zakia, Kelly V. Zarcone, H.A. Terri Zionts.
Board Liaison: Shari Jo Reich
Minority Outreach
Committee
Co-Chairs: Hon. Betty Calvo-Torres
and Brandon Portis
Divitta M. Alexander, Modesto A. Argenio,
Sunil Bakshi, Tasha T. Dandridge, John V.
Elmore, Lenora B. Foote, Hon. Thomas P.
Franczyk, Janis M. Golubock, Julian
Johnson, Maureen A. McCready, Lynnette
Nogueras-Trummer, Hon. E. Jeannette
Ogden, Shelly Tsai.
Board Liaison: Kevin M. Spitler
Page I-3
Jr., Hon. Erin M. Peradotto, Mark S. Perla, David R. Pfalzgraf, Jr.,
Hon. Eugene F. Pigott, Jr., David W. Polak, Cheryl A. Possenti,
Peter L. Powers, Scott C. Printup, John J. Quackenbush, Jr., Colin
D. Ramsey, Michael H. Ranzenhofer, Lawrence J. Regan, Kathleen
M. Reilly, George R. Rich, Michael A. Riehler, Amy Habib
Rittling, Katherine B. Roach, Michael J. Roach, Meghann N.
Roehl, Sharyn G. Rogers, Richard J. Rosche, Jay N. Rosenthal,
Michael Anthony Rossi, R. Anthony Rupp, III, J. David Sampson,
Jack M. Sanchez, Thomas Santa Lucia, Daniel E. Sarzynski, Mark
J. Schaefer, Jennifer R. Scharf, Richard M. Schaus, Daniel L.
Schoenborn, Duane D. Schoonmaker, Robert J. Schreck,
Lawrence A. Schulz, Lawrence R. Schwach, Scott M. Schwartz,
Edward J. Schwendler, III, Michael C. Scinta, Hon. Frank A.
Sedita, Jr., E. Michael Semple, Stuart B. Shapiro, Stephen A.
Sharkey, Barbara A. Sherk, Neil R. Sherwood, Irving M. Shuman,
David K. Silverberg, Stanley J. Sliwa, Craig Z. Small, Michele Ann
Smith, Stephen M. Sorrels, Mark A. Starosielec, David M.
Stillwell, Howard J. Stirling, Edward J. Taublieb, Annick Kamga
Tchokonte, Gordon D. Tresch, Carl Tronolone, Daniel G.
Tronolone, James P. Verrastro, Mary E. Virginia, Norman B. Viti,
Jr., Hon. Timothy J. Walker, Theresa M. Walsh, John J. Weinholtz,
Hon. Gerald J. Whalen, James W. Whitcomb, Brian D. White,
David D. White, Kevin P. Wicka, J. Joseph Wilder, Pauline C.
Will, Kristen M. Wolf, Mary Quinn Wydysh, Leonard D.
Zaccagnino, Preston L. Zarlock, John A. Ziegler.
Board Liaison: Dennis J. Bischof
Practice & Procedure
in Family Court Committee
Municipal & School Law
Committee
Chair: Herbert J. Glose
Donald A. Alessi, John A. Alessi, Thomas E.
Andruschat, Rosemary L. Bapst, Deborah
M. Barone, Michael F. Barone, Steven B.
Bengart, Ronald P. Bennett, Rosemary
Gavigan Bis, Richard G. Boehm, Phillip
Brothman, Craig R. Bucki, Colleen Ennis Buonocore, Scott A.
Bylewski, John J. Christopher, Jeremy A. Colby, Michael T.
Coutu, Douglas W. Dimitroff, James P. Domagalski, Richard B.
Dopkins, John V. Elmore, David A. Farmelo, Robert J. Feldman,
Lenora B. Foote, Andrew J. Freedman, Bernard B. Freedman,
Robert Friedman, Carmen J. Gentile, Peter C. Godfrey, Thomas
N. Graziani, Timothy J. Greenan, James E. Hanlon, Debra Evans
Hayden, David R. Hayes, David A. Hoover, Craig H. Johnson, E.
Thomas Jones, Karl W. Kristoff, Tracie L. Lopardi, James L.
Magavern, James M. Maloy, Patrick E. Martin, Shawn P. Martin,
Charles C. Martorana, Joseph A. Matteliano, Michael P.
McClaren, Darryl McPherson, Robert Merino, Terence W. Miller,
Ryan Mills, Paula M. Eade Newcomb, Patricia Ann Pancoe,
Michael F. Perley, J. Matthew Plunkett, Peter L. Powers, Michael
B. Risman, Andrea L. Sammarco, Richard M. Schaus, James N.
Schmit, Leonardo D. Sette-Camara, Ronald Scott Shubert,
Carolyn A. Siegel, Colleen A. Sloan, Stephen M. Sorrels, Daniel
A. Spitzer, Michael J. Stachowski, Jeffrey W. Stone, Paul J. Suozzi,
Chris G. Trapp, William J. Trask, Sr., Peter P. Vasilion, Amy J.
Vigneron, Pierre A. Vincent, Robert G. Walsh, Peter Allen
Weinmann, Brian D. White, Frederick A. Wolf.
Board Liaison: Brian C. Mahoney
Negligence Committee
Chair: William A. Gersten
Richard G. Abbott, John E. Abeel, Joseph A.
Ables, Jr., Timothy J. Altieri, Timothy J.
Andruschat, Daniel R. Archilla, Jeffrey F.
Baase, Sunil Bakshi, Janice A. Barber,
Richard J. Barnes, Philip C. Barth, III, Scott
C. Becker, Laurence D. Behr, Catherine
Beltz-Foley, Paul A. Bender, Margot S.
Bennett, Joseph R. Bergen, Howard E. Berger, Robert Berkun,
Judith A. Biltekoff, Brian A. Birenbach, Diane F. Bosse, Stephen
Boyd, Michael D. Braisted, Patrick J. Brown, T. Alan Brown,
Vicky-Marie J. Brunette, Hon. Paul G. Buchanan, Colleen Ennis
Buonocore, Ann M. Campbell, John F. Canale, Mark H. Cantor,
Christopher A. Cardillo, Shawn W. Carey, Sandra K. Cassidy,
David C. Caywood, Marco Cercone, Roland M. Cercone, Michael
F. Chelus, Michael M. Chelus, William D. Christ, Patricia S.
Ciccarelli, Stephen C. Ciocca, Howard B. Cohen, George W.
Collins, Jr., John R. Condren, Lisa A. Coppola, Thomas P.
Cunningham, Steven P. Curvin, Tasha T. Dandridge, Johanna M.
Dash, John DeFazio, Regina A. Del Vecchio, Anthony J. DeMarie,
Jennifer M. Demert, John P. DePaolo, Patrick John Donoghue,
John R. Drexelius, Jr., Robert E. Dwyer, Boyd L. Earl, David H.
Elibol, Mark G. Farrell, David P. Feldman, Wayne C. Felle, John
P. Feroleto, Adam C. Ferrandino, Brian P. Fitzgerald, Troy S.
Flascher, Bernard B. Freedman, Robert Emmett Gallagher, Jr.,
Jeffery D. Gangi, Lynn D. Gates, Herschel Gelber, Carmen J.
Gentile, William A. Gersten, Mark G. Giangreco, Irwin E.
Ginsberg, Robert M. Goldstein, David M. Goodman, Josephine
A. Greco, Natalie A. Grigg, Thomas J. Grillo, Richard A. Grimm,
III, J. Mark Gruber, John J. Gruber, John P. Gullo, II, Robert H.
Gurbacki, Michael T. Hagelin, H. Ward Hamlin, Jr., Paul F.
Hammond, James E. Hanlon, John J. Hannibal, Daniel J. Henry,
Jr., Arthur A. Herdzik, Jonathan S. Hickey, Terrence P. Higgins,
Kevin M. Hogan, Frank T. Housh, Hon. Michael E. Hudson,
Joseph T. Jarzembek, Peter M. Jasen, E. Thomas Jones, Paul F.
Jones, Anne E. Joynt, Richard S. Juda, Jr., Dennis Alan Kahn,
Thomas P. Kawalec, Laraine Kelley, Christopher C. Kerr, Jeffrey
Kingsley, Kenneth R. Kirby, William J. Kita, Renata Kowalczuk,
Kenneth A. Krajewski, Paul W. Kullman, Carl B. Kustell,
Christine G. LaBarre, Stephen J. Lacher, Thomas S. Lane, Nancy
M. Langer, Kris E. Lawrence, Matthew A. Lazroe, Robert D.
Leary, Matthew A. Lenhard, Lawrence S. Lewis, Laura Ann
Linneball, Howard S. Lipman, Kevin Loftus, Jr., William A. Long,
Jr., John T. Loss, Daniel T. Lukasik, Brian A. MacDonald, Patrick
J. Maloney, James M. Maloy, Stephen A. Manuele, Robert J.
Maranto, Jr., Jeffrey P. Markello, Daniel J. Marren, Linda J.
Marsh, William K. Mattar, Joseph A. Matteliano, Mitchell M.
Matusick, Michael P. McClaren, Alan P. McCracken, Neil J.
McKinnon, Thomas M. Mercure, Cheryl Meyers-Buth, Hon.
John A. Michalek, Ryan Mills, Nicholas L. Mineo, Harry G.
Modeas, Jr., Roy A. Mura, Matthew T. Murray, III, James J. Nash,
James J. Navagh, Thomas J. Navarro, Jr., Mark S. Nemeth, Hon.
Patrick H. NeMoyer, Paula M. Eade Newcomb, Catherine R.
Nugent, Timothy G. O’Connell, David J. Pajak, Marc C.
Panepinto, Michelle Parker, James A. Partacz, Anthony F. Pegnia,
Chair: Kristin Langdon Arcuri
Joan Casilio Adams, Cheryl A. Aloi, John J.
Aman, Nicholas P. Amigone, III, Ann L.
Anderson, Julie A. Atti, Joseph M.
Augustine, Hon. Rosalie S. Bailey, Sunil
Bakshi, Joseph C. Bania, Michael F. Barone,
Ruth E. Baum, Katherine J. Bestine, Nancy J. Bizub, Mary Ann
Bliznik, Ann Marie Boland, Mary B. Bowman, Christopher J.
Brechtel, Michele A. Brown, Emil J. Cappelli, Antonio Cardarelli,
Kathleen M. Carmody, Deborah Carr-Hoagland, Thomas R.
Cassano, Donna M. Castiglione, A. Joseph Catalano, Melissa A.
Cavagnaro, Anthony Cervi, Michelle G. Chaas, Cindy Chandler,
Linda W. Chodos, Ronald M. Cinelli, Diane M. Ciurczak, Jamie
L. Codjovi, Emilio Colaiacovo, Richard W. Cole, Susan B.
Collins, Carol A. Condon, Mary Anne Connell, Kathleen M.
Contrino, Kathleen A. Crowley, Robert J. Croyle, Roger T.
Davison, Julie Ann Dee, Paul Gordon Dell, Gina Marie DePrima,
Sheila Sullivan Dickinson, Noralyn A. Dillon, Linda M.
DiPasquale, Elizabeth M. DiPirro, Cecile Mathis Dorliae, Julie
Falvey, Noemi Fernandez-Hiltz, Kelly A. Feron, Peter J. Fiorella,
Jr., Lenora B. Foote, Brenda M. Freedman, Maryann Saccomando
Freedman, Giovanni Genovese, Mary E. Giallanza, Richard H.
Gordon, Lisa R. Gradascevic, Daniel P. Grasso, Sheila G.
Graziano, Alvin M. Greene, Elizabeth Bridge Greenman, Hon.
Deborah A. Haendiges, John J. Hannibal, Tracy Scott Harrienger,
Georgette Morphis Hasiotis, Donna L. Haslinger, Tina M.
Hawthorne, Michele Berg Henriques, Carla E. Higgins, Mark G.
Hirschorn, Hollis M. Hite, Joseph Hodan, Susan S. Hogan,
Bernadette Hoppe, Ronald A. Huebsch, Joseph T. Jarzembek,
Keith I. Kadish, Robert B. Kaiser, Tracey A. Kassman, Eileen Katz,
John M. Keavey, Denis A. Kitchen, Jr., Anna M. Kobialka, Kristin
G. Kozlowski, James A. Kreuzer, James F. Lagona, Lawrence S.
Lane, Mary Jo Lattimore-Young, Richard J. Lehner, Marilyn E.
Lew, Thomas R. Lochner, Julie Loesch, Robert D. Lonski, Jeffrey
C. Mannillo, Charles J. Marchese, Jeffrey P. Markello, Mia
McFarlane Markello, Mindy L. Marranca, Christopher S.
Mattingly, Athena McCrory, Paige Rizzo Mecca, John V.(Sean)
Millane, III, Margery A. Miller, Timothy J. Mordaunt, Keith A.
Morgenheim, Lynn A. Murphy, Sharon Nosenchuck, Bridget M.
O’Connell, Evelyne A. O’Sullivan, Kenneth A. Olena, David J.
Pajak, Paul D. Pearson, Rose M. Pedone, Raymond M. Pfeiffer,
Dean S. Puleo, Kevin M. Reedy, Andrea M. Rigdon, Hon. Lisa
Bloch Rodwin, R. Anthony Ronci, Hon. Janice M. Rosa, Laura
Tulyk Rossi, Debra C. Rougeux, Lois S. Rubin, Eva Rubinstein,
Ross T. Runfola, Judith E. Samber, Salvatore T. Sanfilippo,
Christine Saturnino, Barbara A. Sauer, Barbara A. Schaus, David
C. Schopp, Claudia S. Schultz, Denis A. Scinta, James M. Shaw,
Richard Charles Slisz, John E. Spadafora, Joseph W. Stadler,
Robert S. Stephenson, Michele L. Sterlace-Accorsi, Diana M.
Straube, Steven R. Sugarman, Aaron Sukert, Louise M.
Szimonisz, Pamela H. Thibodeau, Hon. Sharon S. Townsend,
Tara L. Trammell, John L. Trigilio, Deanne M. Tripi, Shelley A.
Truex, Ayoka Tucker, Lisa A. Valvo, B. Diane Vance, Jessica
Vesper, Marysue Visser, Deborah A. Walker-DeWitt, Dennis E.
Ward, Amanda M. Warner, Brian R. Welsh, David Whittemore,
Wallace W. Wiens, David W. Wilson, Steven G. Wiseman, Diane
Y. Wray, Jeri N. Wright, Howard L. Yood, Oliver C. Young.
Board Liaison: Shari Jo Reich
Practice & Procedure in
Justice Courts Committee
Chair: Jeffrey F. Voelkl
Mark A. Adrian, Timothy J. Altieri, Thomas
E. Andruschat, Michael F. Barone, Debra K.
Bender, Sherwood L. Bestry, Nancy J. Bizub,
George Russell Blair, Jr., Hon. M. William
Boller, Paul T. Bumbalo, Nicole M.
Burroughs, R. Colin Campbell, Deborah Carr-Hoagland, Hon.
John M. Curran, Jennifer M. Demert, John P. Duffy, Mark G.
Farrell, Michael J. Flaherty, Robert Friedman, Mary E. Giallanza,
Gerald P. Gorman, Daniel P. Grasso, J. Mark Gruber, John J.
Gruber, John M. Keavey, Jeffrey Kingsley, Robert D. Lonski,
Ralph C. Lorigo, Sam Maislin, Joan E. Maloney, Patrick J.
Maloney, Jeffrey P. Markello, Douglas W. Marky, Brenda A.
Mattar, Alan P. McCracken, Peter P. Melin, Cheryl Meyers-Buth,
Michael L. Munley, Ernest J. Norman, Sharon Nosenchuck,
David J. Pajak, Christopher M. Pannozzo, Beth A. Parlato,
Wallace C. Piotrowski, David W. Polak, Melissa Potzler, Joseph L.
Randazzo, Andrea M. Rigdon, Eugene W. Salisbury, Richard M.
Schaus, Claudia S. Schultz, Eric W. Schultz, David K. Silverberg,
Joseph F. Sinkewicz, Jr., Christopher D. Smith, Ayoka Tucker,
Denis J. Uminski, Peter P. Vasilion, Marysue Visser, William A.
Waible, Henry S. Wick, Wallace W. Wiens, Jeri N. Wright, Edward
M. Zimmerman.
Board Liaison: Daniel J. Henry, Jr.
Page I-4
C O M M I T T E E S 2008–2009
Practice & Procedure in
Surrogate’s Court Committee
Chair: Catherine T. Wettlaufer
Jerome D. Adner, David H. Alexander, Lisa
J. Allen, Nicholas P. Amigone, III, Marie V.
Anderson, Thomas E. Andruschat, Mark S.
Aquino, Modesto A. Argenio, Melissa A.
Bader, Brian D. Baird, Deborah M. Barone,
Noel E. Bartlo, Holly Adams Beecher, Charles Beinhauer, David
W. Beyer, James P. Bracken, Stephen R. Brady, John G. Brenon,
Peter J. Brevorka, Charles Patrick Bridge, Phillip Brothman,
Gordon M. Brown, Marla DePan Brown, Wesley M. Brown, Hon.
Paul G. Buchanan, Colleen Ennis Buonocore, Dominic Paul
Candino, Louise E. Carey, Edward J. Carland, Kathleen M.
Carmody, Deborah Carr-Hoagland, Jerome D. Carrel, Katherine
E. Cauley, Stephen E. Cavanaugh, Dennis P. Cleary, Jane F.
Clemens, Emilio Colaiacovo, Richard W. Cole, Lillian E.G.
Cowan, Victoria L. D’Angelo, William H. Daetsch, Dennis J. Dee,
John P. Dee, Gayle L. Eagan, Susan J. Egloff, Patrick L.
Emmerling, James S. Fanning, Bridget Marie Faso, Peter J.
Fiorella, III, Michael J. Flaherty, Jennifer G. Flannery, Howard B.
Frank, Robert Friedman, Victor J. Gagliardi, Sue S. Gardner,
Henry D. Gartner, Patricia A. George, Margery H. Geyer, Irwin E.
Ginsberg, Robert R. Goods, Daniel P. Grasso, Elizabeth Bridge
Greenman, Frederick R. Gugino, Charles F. Harrington, John E.
Haslinger, Paul Michael Hassett, Debra Evans Hayden, Keith A.
Herald, Andrew C. Hilton, III, Bruce W. Hoover, Ronald A.
Huebsch, Jeffrey A. Human, Thomas R. Hyde, Elizabeth A.
Ingold, Kathryn A. Jackson, Robert I. Jadd, Craig H. Johnson,
William P. Johnson, E. Thomas Jones, Keith I. Kadish, Gary M.
Kanaley, Timothy L. Kane, John M. Keavey, J. Michael Kelleher,
Jr., Denis A. Kitchen, Jr., Thomas G. Kobus, Joshua Korman,
Robert J. Kresse, Jennifer L. Krieger, Eleanor T. Kubiniec, Paul W.
Kullman, Richard S. Kwieciak, Rebecca Diina LaCivita, James F.
Lagona, Lawrence S. Lane, Frederick M. Lang, Catherine West
Lefko, Richard J. Lehner, John F. Leone, Stuart G. Lerman,
Marilyn E. Lew, Michael Likoudis, Allan R. Lipman, Michael J.
Lombardo, Leonard G. London, Nicholas J. Longo, Ralph C.
Lorigo, Melissa LoTempio, John Paul Luhr, David J. Luzon, James
M. Maloy, Laura Konst Marecki, Edward J. Markarian, John
Markarian, Mary Kennedy Martin, Peter J. Martin, Mary Dee
Martoche, Brenda A. Mattar, William K. Mattar, James R. Mayer,
Maureen A. McCready, Patrick J. McDonnell, Peter P. Melin,
Laurie L. Menzies, Domenic J. Migliaccio, Raymond T. Miles, III,
Kevin J. Miller, Robert A. Moeller, Rebecca E. Monte, William C.
Moran, Timothy J. Mordaunt, William G. Muehlbauer, Deborah
J. Muhlbauer, Lynn A. Murphy, Richard H. Murphy, Terrie
Benson Murray, Peter J. Murrett, Jr., Paul T. Nesper, Terence B.
Newcomb, Ruth P. Newman, Stephen M. Newman, Deborah E.
Nicosia, Sharon Nosenchuck, Linda C. Novotny, John R.
Nuchereno, Timothy M. O’Mara, Mickey H. Osterreicher, David
J. Pajak, Anthony C. Parlato, Rose M. Pedone, Carmen J. Pino, J.
Matthew Plunkett, Rosalind M. Polanowski, Daria L. Pratcher,
Dean S. Puleo, Samuel P. Puleo, Theodore J. Pyrak, Michael Pysz,
Joseph M. Ralabate, Michael H. Ranzenhofer, Bruce D. Reinoso,
John J. Riccardi, George E. Riedel, Jr., Andrea M. Rigdon,
Thomas M. Rizzo, Edward C. Robinson, Mary Engler Roche, R.
Anthony Ronci, Keith A. Roseboro, Laura Tulyk Rossi, Richard P.
Rosso, Lois S. Rubin, Michael J. Ryan, Nancy W. Saia, Salvatore T.
Sanfilippo, Gary M. Schaff, Barbara A. Schaus, Richard M.
Schaus, Jonathan D. Schechter, Michael Schiavone, Geralyn A.
Schiffler, Eric W. Schultz, Lawrence R. Schwach, Lewis L.
Schwartz, Edward J. Schwendler, Jr., Richard G. Schwind, Karen
Gaughan Scott, Michael R. Shannon, Irving M. Shuman, Myron
M. Siegel, Robert G. Sillars, Stephen R. Silverstein, Roger B.
Simon, Richard Charles Slisz, Paul J. Smaldone, Jamie M. Smith,
Daniel L. Smolarek, Christopher J. Smolka, Isadore Snitzer,
Edward J. Snyder, Dennis J. Speller, Glenn J. Speller, John C.
Spitzmiller, Joseph W. Stadler, Linda Lalli Stark, Thomas A.
Steffan, Charles E. Telford, Robert W. Tills, Daniel G. Tronolone,
Thomas V. Troy, Denis J. Uminski, Veronica A. Van Nest, Joseph
C. Vispi, Judy N. Cuzzacrea Wagner, Matthew X. Wagner, Jr.,
Norman F. Walawender, Michael A. Wargula, Thomas Whissel,
Mary Ann E. Wiater, Elaine Kupp Wick, Sharon L. Wick,
Christopher C. Willett, Nicholas H. Willett, Thomas J.
Wojciechowski, Laurence H. Woodward, Elizabeth R. Wright,
Kelly V. Zarcone.
Board Liaison: Lawrence C. Franco
Professional Continuity
Committee
Chair: Francis X. Carroll
Bryan G. Brockway, James N. Carlo,
Richard J. Cohen, Bernard B. Freedman.
Glenn J. Bobeck, Charles Patrick Bridge, David A. Brody, Cheryl
A. Brown, Gordon M. Brown, Marla DePan Brown, Mary M.
Buckley, Mark Burhans, Eugene Vincent Burke, Michael C.
Burwick, James N. Carlo, Deborah Carr-Hoagland, Francis X.
Carroll, Jennifer M. Catherine, Gerald Chiari, Paul J. Cieslik,
Michael J. Colmerauer, James J. Contino, Peter L. Costa, Lillian
E.G. Cowan, Robert J. Croyle, Victoria L. D’Angelo, William H.
Daetsch, Francis P. Dec, Dennis J. Dee, John P. Dee, Helen Kaney
Dempsey, Richard F. DiGiacomo, Douglas W. Dimitroff,
Elizabeth M. DiPirro, Brian W. Downey, John P. Duffy, Robert
M. Elardo, Anne C. Evans, Wendy K. Fechter, Andrew J.
Freedman, Robert Friedman, Patricia L. Fulwiler, Janet
Novakowski Gabel, Michael J. Gallagher, Henry D. Gartner,
Patricia A. George, Margery H. Geyer, Horace A. Gioia, Melissa
Paull Goldberg, Lisa R. Gradascevic, George R. Grasser, F.
William Gray, III, Gerald J. Greenan, Timothy J. Greenan,
Thomas J. Grillo, Robert W. Grimm, Jr., William K. Grosstephan,
Tracy Scott Harrienger, John E. Haslinger, Paul Michael Hassett,
Christina M. Hassler, Vincent P. Hauber, George Michael Hauss,
Christopher A. Head, Herbert J. Heimerl, Jr., Keith A. Herald,
Elizabeth A. Holden, Sean W. Hopkins, Kevin W. Hourihan,
Ronald A. Huebsch, Regan P. Ihde, Craig H. Johnson, Julian
Johnson, Timothy P. Johnson, William P. Johnson, E. Thomas
Jones, Robert B. Kaiser, Neil J. Katz, Daniel L. Kaye, Frank S.
Kedzielawa, Joseph W. Keefe, William F. Keenan, J. Michael
Kelleher, Jr., Mary Jane Keyse, Joshua Korman, Fonda Dawn
Kubiak, Christine G. LaBarre, James F. Lagona, Joy LaMarca,
Frederick M. Lang, Matthew A. Lazroe, Carolyn E. Leed,
Catherine West Lefko, Michael Likoudis, Mark Lillenstein,
Michael J. Lombardo, Nicholas J. Longo, Ralph C. Lorigo, Rocco
Lucente, II, John Paul Luhr, Scott M. Lupiani, Jill S. Lynch, Jeffrey
C. Magavern, Robert L. Marinelli, Jeffrey P. Markello, Melanie C.
Marotto, Charles C. Martorana, William H. Mattrey, Russell J.
Matuszak, Sabrina M. May, James R. Mayer, Athena McCrory,
Donald F. McKenna, Diane J. McMahon, Brendan R. Mehaffy,
Peter P. Melin, Carolyn Messana-Morrow, Harry G. Meyer, Lisa
P. Meyers, Domenic J. Migliaccio, Terence W. Miller, David C.
Mineo, Serafina M. Mitri, Laura A. Monte, Rebecca E. Monte,
Michael Joseph Montesano, Vincent J. Moore, Roseanne J.
Moran, Timothy J. Mordaunt, Mark Morgan, Lynn A. Murphy,
Richard H. Murphy, Paul T. Nesper, Ruth P. Newman, Gretchen
M. Nichols, Deborah E. Nicosia, Michael L. Nisengard, Sharon
Nosenchuck, Russell B. Osborn, Helen Osgood, Frank J. Parlato,
Mark J. Peszko, Raymond M. Pfeiffer, Michael A. Piette, Carmen
J. Pino, Wallace C. Piotrowski, Rosalind M. Polanowski, Steven
H. Polowitz, Jean C. Powers, Daria L. Pratcher, Dean S. Puleo,
Samuel G. Puleo, Samuel P. Puleo, Michael Pysz, William T.
Quigley, Kenneth A. Redding, John J. Riccardi, Jay W. Ricketts,
Barbara R. Ridall, Andrea M. Rigdon, Thomas M. Rizzo, Patrick
J. Roach, Keith A. Roseboro, Marcella Rosinski, Paul E. Rudnicki,
Arthur A. Russ, Jr., Michael J. Ryan, Marlin B. Salmon, Elaine E.
Salvo, Jack M. Sanchez, Melissa Sanchez, Salvatore T. Sanfilippo,
Nicholas J. Sargent, Gary M. Schaff, Barbara A. Schaus, Richard
M. Schaus, Geralyn A. Schiffler, Stephen J. Schop, Mark M.
Schuetze, Sharon J. Schwartz, Edward J. Schwendler, Jr., Karen
Gaughan Scott, Raymond H. Seitz, Alamdar H. Shah, Ronald
Scott Shubert, Robert G. Sillars, Gene M. Simon, Daniel L.
Smolarek, Dennis J. Speller, Glenn J. Speller, Thomas A. Steffan,
Cheryl L. Stein, Gary M. Sterman, Donna Hoelscher Suchan,
Greta L. Suneson, Annick Kamga Tchokonte, Melissa A. Tocha,
Bradlee W. Townsend, William J. Trask, Sr., Thomas Trbovich,
Thomas V. Troy, Amy J. Vigneron, Pierre A. Vincent, Joseph C.
Vispi, Judith L. Voit, Matthew X. Wagner, Jr., Robert G. Walsh,
Thomas M. Ward, Michael A. Wargula, Justine M. Welch, Alan S.
Wexler, Thomas Whissel, Jeffrey L. Whiting, Mary Ann E. Wiater,
Edmund V. Wick, Wallace W. Wiens, Christopher C. Willett,
Nicholas H. Willett, Douglas L. Winokur, Thomas J.
Wojciechowski, Frederick A. Wolf, Diane Y. Wray, Jeri N. Wright,
Michael R. Wyszynski, Richard D. Yellen, Jason A. Yots, Andrew
D. Yusick, Joseph M. Zablotski, Edward M. Zimmerman,
Christine Wojcik Zona.
Board Liaison: Nancy W. Saia
Senior Lawyers Committee
Chair: Harold J. Brand, Jr.
Thomas E. Brydges, Jerome D. Carrel,
Stephen E. Cavanaugh, Anthony F. Cerrone,
Peter L. Costa, Alvin M. Greene, Ralph L.
Halpern, Thomas F. Keefe, Stephen R.
Lamantia, William J. Love, Jr., Sue Dealy
Murszewski, Joel H. Paull, David R.
Pfalzgraf, John P. Robshaw, Jr., Marcella
Rosinski, William D. Scott, Diane R. Tiveron, Paul C. Weaver,
Arnold N. Zelman.
Board Liaison: Giles P. Manias
Unlawful Practice of Law
Committee
Professional Ethics
Committee
Chair: Thomas S. Wiswall
Leonard Berkowitz, David G. Brock, T. Alan
Brown, Howard B. Cohen, Steven P. Curvin,
Vincent E. Doyle, III, John V. Elmore,
Cheryl Smith Fisher, Sharon Stern
Gerstman, Thomas N. Graziani, Ralph L.
Halpern, David G. Jay, Douglas G. Kirkpatrick, Peter J. Martin,
Terence B. Newcomb, William E. Nitterauer, Ronald Scott
Shubert, Christopher A. Spence.
Board Liaison: Robert N. Convissar
Real Property Law
Committee
Chair: W. Clark Trow
Jerome D. Adner, Timothy J. Altieri,
Michael L. Amodeo, Mark S. Aquino,
Thomas R. Augello, Thomas C. Bailey,
Rosemary L. Bapst, Deborah M. Barone,
Peter J. Battaglia, Ruth E. Baum, Steven J.
Baum, Margaret Greenan Bebak, Debra K. Bender, Steven B.
Bengart, Norman M. Bennett, Robert L. Besanceney, Sherwood
L. Bestry, David W. Beyer, Ambar Bhargava, Michael M. Blinkoff,
Chair: Patricia L. Fulwiler
Leonard Berkowitz, Alan L. Bernstein,
Richard N. Blewett, Lawrence F. Cataldi,
Benjamin R. Dwyer, Wendy B. Edson,
Thomas F. Keefe, Nancy M. Langer, Giles P.
Manias, Shawn P. Martin, Domenic J.
Migliaccio, Samuel P. Puleo, John P. Robshaw, Jr., Sharon J.
Schwartz, Marc Shatkin, Ronald Scott Shubert, Michael E.
Storck, Laura A. Szychowski, Candace K. Vogel, Christopher C.
Willett, Oliver C. Young.
Board Liaison: Nancy W. Saia
Workers’ Compensation
Committee
Chair: Philip Scaffidi
Ellen Shanahan Becker, Jay Boardway, F.
Daniel Bowers, D. Jeffrey Buckley, Thomas
C. Burnham, Rodney D. Butler, Anthony F.
Cerrone, Nicole Christou, Sanford L. Clark,
David F. Davis, Anne C. DiMatteo, Kevin R.
Doering, Emily Leach Downing, Susan R. Duffy, Roger J. Edel,
Peter J. Eisenhauer, Robert A. Fiordaliso, Jerry A. Gambino,
Jeffery D. Gangi, Stephen M. Gielowski, Russell D. Hall, Mark W.
Hamberger, John J. Hannibal, Christina M. Hassler, Renee E.
Heitger, Julie A. Houghtaling-Cappelli, Melvyn L. Hurwitz,
Thomas P. Kawalec, Frank S. Kedzielawa, Thomas E. Krug, Mary
Kay LaForce, Robert D. Leary, John N. Lipsitz, David Paul Losi,
Kristin Machelor, Colleen M. Malchow, Patrick J. Maloney, Harry
G. Modeas, Jr., Kathleen A. Molloy, Jeffrey K. Moncher, William
D. Murphy, Paula M. Eade Newcomb, David J. Pajak, Raymond
M. Pfeiffer, Prudence F. Philbin, Mary M. Russo, Roslyn Sireci
Sackel, Daniel T. Sawers, Wayne D. Schiffhauer, Karen Hurwitz
Small, Mark F. Steiner, Surinder K. Virk, Robert L. Voltz, Michael
J. Whitcher, Phyllis R. Whitchurch, Melanie M. Wojcik.
Board Liaison: Giles P. Manias
Young Lawyers Committee
Chair: Melissa Ann Foti
Co-Chair: Pietra G. Lettieri
John E. Abeel, Timothy J. Altieri, Carrie P.
Appler, Sunil Bakshi, Tracey A. Bannister,
Brian A. Birenbach, David M. Block, Craig
R. Bucki, Elisha J. Burkart, Thomas J.
Cannavo, Christopher A. Cardillo, Shawn
W. Carey, Melissa A. Cavagnaro, William
Chen, Deborah A. Chimes, Stephen C.
Ciocca, Emilio Colaiacovo, John R.
Condren, Michael T. Coutu, Johanna M.
Dash, John M. Del Vecchio, Jennifer M.
Demert, Gina Marie DePrima, Thomas M.
DiMillo, Tracey Ehlers, Kenneth J. Farrell,
Bridget Marie Faso, Michael T. Feeley,
Michael J. Flaherty, Lenora B. Foote, Eugene
M. Gaughan, Wendy D. Glauber, Janis M.
Golubock, David M. Goodman, Cheryl A. Green, Charles D.
Grieco, Natalie A. Grigg, Thomas J. Grillo, Phyliss A. Hafner,
James E. Hanlon, Tina M. Hawthorne, Jonathan S. Hickey, Kate
L. Hill, Timothy W. Hoover, John J. Jablonski, Anne E. Joynt,
Karen R. Kaczmarski, Timothy L. Kane, Jeffrey Kingsley, Harry
N. Konst, Elizabeth Kraengel, Carl B. Kustell, Thomas S. Lane,
Matthew A. Lazroe, Carolyn E. Leed, J. Michael Lennon, II, Kevin
Loftus, Jr., Brian A. MacDonald, Danielle P. Maibohm, Stephen
A. Manuele, Daniel J. Marren, Brendan R. Mehaffy, Brian M.
Melber, Ryan Mills, Rachel L. Mitchell, Serafina M. Mitri, Carla
Miller Montroy, William Patrick Moore, Roseanne J. Moran,
Melissa M. Morton, Acea M. Mosey, Jennie M. Muscarella, James
R. Newton, Gretchen M. Nichols, Melissa Hancock Nickson, Rita
Nischal, Michael L. Nisengard, Lynnette Nogueras-Trummer,
Sharon Nosenchuck, Kelley A. Omel, Christopher M. Pannozzo,
Anthony F. Pegnia, Jr., Wallace C. Piotrowski, David W. Polak, V.
Christopher Potenza, Scott C. Printup, Samuel P. Puleo, Lawlor F.
Quinlan, III, Colin D. Ramsey, Brendan J. Rich, Tammy L.
Riddle, Samantha L. Riley, Michael J. Roach, Jennifer C.
Ruggiero, David V. Sanchez, Daniel E. Sarzynski, Mark J.
Schaefer, Jennifer R. Scharf, Elsa J. Schmidt, Maura C. Seibold,
Kathleen M. Sellers, Leonardo D. Sette-Camara, Harvey F. Siegel,
Jeffrey Signor, Christopher D. Smith, Jennifer Bernacki Smith,
Carmen L. Snell, Mark A. Starosielec, Douglas P. Stiller, Greta L.
Suneson, Steve Suneson, Kenneth D. Suzan, Kevin D.
Szczepanski, Megan B. Szeliga, Annick Kamga Tchokonte,
Elizabeth M. Tertinek, Melissa A. Tocha, Tara L. Trammell, Jeffrey
F. Voelkl, Theresa M. Walsh, Jeffrey Weiss, Robert C. Weissflach,
Erich S. Weyand, Kevin P. Wicka, David S. Widenor, Wallace W.
Wiens, Pauline C. Will, Stephen L. Yonaty, Oliver C. Young.
Board Liaison: E. Michael Semple
PAGE 15
September 2008 | www.eriebar.org
Lost in (Techno) Space
By Martha Buyer
Those Nasty Wireless
Early Termination Fees
We are constantly barraged with promotions for
newer, better, sleeker, and faster wireless phone offerings. If consumers are reasonably knowledgeable, they
know that while it’s possible to terminate a wireless
contract before its term has run, and even take the
existing phone number from one carrier to another,
there will be costs. Big costs. However, over the past
couple of months, there has been a groundswell of
activity from angry consumers clamoring to get the
carriers—at least the biggest ones—to back down on
the issue of Early Termination Fees (ETF) so that consumers are actually able to switch providers without
having to offer up a first-born child or new Maserati in
the process.
In late July, a Superior Court judge in Alameda
County (CA) said that such penalties violate California
law. In her tentative ruling issued on July 28th, Judge
Bonnie Sabraw further ordered Sprint Nextel to either
refund or credit a total of $73.1 million to consumers,
refunding $18.3 million to subscribers who actually
paid the termination fees in order to get out of existing
contracts, and crediting $54.8 million to those against
whom such charges were levied, but who did not pay
them. The ruling, unless appealed in early August
(after press time), was scheduled to take effect on
August 5th. While the Sprint Nextel case only
addressed the issue of whether such fees violate
California law, it has received a significant amount of
attention all over the country for several reasons.
First, there are similar battles, in various stages of litigation and negotiation, looming across the country.
Secondly, Verizon Wireless (a joint venture between
Verizon Communications Inc. and Vodafone Group
PLC) has already settled some similar class action lawsuits in other states, resulting in payouts of $21 million.
Thirdly, AT&T, sensing what was coming, opted in
May to begin reducing the cost of such ETFs based
upon the length of time left on the consumer contract.
That is, AT&T will lower its standard ETF of $175 by
$5 for each month “used” during the initial term. It’s a
modest step, but an important one nonetheless. Finally,
there has been a good deal of pressure placed upon the
FCC to take some sort of federal action to shield carriers from state by state class action suits and settlements.
“Overwhelming Popularity” or High
Pressure Sales?
In fairness to the carriers who impose these fees, it’s
important to recognize that such carriers, and the retail
outlets that serve wireless customers, contribute to the
actual cost of the device in exchange for the term service commitment. Absent such commitments, device
costs would be considerably higher. However, in prepared testimony before the FCC, Seamus C. Duffy, an
attorney representing AT&T mobility made the following comment: “ETF-backed term contracts give customers the ability to lower their monthly charges and
up-front handset costs in exchange for their promise to
pay monthly charges for the life of their contract (sic)
or, alternatively to pay the TF in lieu of the remaining
charges. The overwhelming popularity of these rate
plans has fueled the tremendous increases in wireless
penetration, usage, and technical innovation…” My
issue here is that the “overwhelming popularity” he
referenced is based on the fact that these term contracts are often the only things that sales personnel are
willing to sell and with which consumers are familiar.
As is always the case, the legal issues are very subtle
and involve the question of whether state or federal
laws apply. Section 332 of the Communications Act (47
U.S.C. Section 332(c)(3)(A)) reads that “no state or
local government shall have any authority to regulate
the entry of or the rates charged by any commercial
mobile service…” The bulk of the legal argument has
thus been whether or not such ETFs qualify as “rates,”
and a good case can be made on either side of this
argument.
Those arguing that ETFs constitute “rates,” argue
that such charges fall under federal jurisdiction,
because they are included in what a term-contract
holder agrees to pay for wireless service and/or equipment, and as such, are part of the “rate.” However,
Judge Sabraw wrote in her opinion that ETFs were
“implemented primarily as a means to discourage customers from leaving,” and further, that in this case,
Sprint Nextel had not been able to prove the relationship between the revenue generated by these fees and
the actual costs of termination borne by the wireless
provider.
It is not unreasonable to expect that the FCC will,
under pressure from the largest wireless carriers,
attempt to take some action to provide national “direction” on this issue. Concurrently, it is also looking into
allegations made by the Rural Cellular Association
(RCA), a group that represents 80 small and rural
wireless companies serving fewer than 500,000 subscribers regarding the existing practice of equipment
exclusivity and its associated anti-competitive effect on
the wireless marketplace in rural areas. RCA has based
its request on the fact that such arrangements are,
among other things, inconsistent with obligations
placed on wireless carriers by the Communications Act.
In comments filed in May of this year, RCA claims
that these arrangements which, for example, allow
AT&T to be the sole provider of iPhone service within
the U.S., create an environment of “monopolistic control over the sale price of a particular handset and
absolute control over the market availability of a particular handset.” These arrangements have a particularly limiting affect on rural consumers who reside in
areas which may not be served by a particular carrier,
and are thus prevented from using particular handset
or device. The iPhone is certainly the most glamorous
device at the moment, but there are other cool devices
and associated services that are simply off limits to
some consumers—not because of technological limitations, but because of contractual ones. The FCC has
yet to act on this petition for rulemaking, but may
do so before the change in administration.
For more information on this filing, please see
http://www.rcausa.org/associations/6491/files/RCA%2
0Petition%20for%20Rulemaking%20%20FINAL%200
52008-2.pdf.
[B]
PAGE 16
www.eriebar.org | September 2008
Leadership 101: A Look at the BAEC Leadership Institute
By Amy P. Herstek
So you’ve been practicing law
for five, 10 or 30 years. You’re a
terrific
trial
lawyer/public
defender/in-house counsel/advocate for your client. But how savvy
are you when it comes to leadership skills?
ner—none of us relished communicating unpopular
messages. We all struggled simultaneously with upward
and downward management issues, and sometimes
needed a nudge to remember how resilient and flexible
we all are.
It’s not easy to think about leadership when you’re
caught up in meeting client demands, meeting a boss’s
demands, and managing everyday life like the dog get“Leadership?” You might say,
ting sick, the school bus showing up late (or not at all)
“I’m a lawyer. I know how to do it.”
but a judge or a client still expecting you to be on time.
Well, maybe you do—yes, of course you do—and
It was refreshing to think actively about where you’re
maybe you are extraordinarily good at it, but everyone
going, what you want to do, how you’re going to do it,
can benefit from a refresher in leadership training.
and why you’re doing it in the first place. Kristina
Unless it was a bridge course, law school only intrinsiemphasized the importance of communicating the
cally emphasizes communication and leadership (mine
appropriate message – both verbally and non-verbally
were on Melville, and personal
– to our clients and our co-workers.
income tax, so that would be a no for
Some of it has been easy to incorpome). In everyday practice, we
rate (respect people’s time, give oth“The thing that
develop our own management style
ers a reason to listen to you) and
and, let’s face it, we can fall into patsome of it will take more time to put
was most striking
terns that are comfortable but may
into practice.
not be the most effective.
for me was that
During the course, we were asked
Amy Herstek of Rich Products attended the first annual
Leadership Institute developed by immediate past
president Cheryl Smith Fisher. Herstek, left, receives
her leadership certificate from Fisher at the conclusion
of the program.
The BAEC Leadership Institute
to share examples of leadership—and
we all faced
helped me to step out of that everysome of these were striking in their
day role as advocate and counselor
simplicity: focusing on the details you
and focus on consciously developing
actually can change resulted in a
similar leadership
leadership traits like becoming more
feeling of empowerment during a criaware of non-verbal communicasis period, or how staying calm and
and management
tion, consensus building, and locatconsistent while everyone else panics
ing one’s sense of power. And all of
can bring the thoughtful and practiissues.”
this was in a not-overly-structured
cal resolution needed. We all gained
seminar setting with other lawyers
insight from the perspectives shared
that I might not otherwise meet in everyday practice.
and, for the most part, we approached the class with a
healthy balance of earnestness and good humor.
“You’re lawyers, you don’t like breaking out into
small groups.” That’s how the six-week journey began
for about 20 of us last winter with management consultant Kristina M. Young. We started in February with
a leadership self-assessment—setting expectations.
The course culminated with an overnight retreat at
Beaver Hollow where we reflected on what we’d
learned, developed a personal mission statement on
leadership, and just sat on the balcony, drank wine,
and talked. That first night, though, it took awhile, a
good 20 minutes or so to warm up, but then we just
started talking. Really, we haven’t stopped talking. We
all had a great time with Kristina and as a group, and
even had a reunion party in June.
The thing that was most striking for me was that we
all faced similar leadership and management issues. No
matter how long we’d practiced, or in what capacity—
as a solo practitioner, managing partner of a law firm,
in-house counsel, non-profit director, or senior part-
In the end, the overall message of the seminar was
that leadership is service. As lawyers we serve clients
everyday. So yes, we know how to do it. But to be open
enough to say ‘I need to grow here,’ and ‘I want to
change my assumptions’ – to embrace this opportunity
takes courage, integrity, and yes, leadership.
[B]
Amy P. Herstek is Associate Corporate Counsel in the
Legal Department at Rich Products Corporation.
Editor’s Note: The 2009 Leadership
Institute has been tentatively scheduled for
January 27, February 3, February 10, an
overnight at Beaver Hollow on February 2728 and concluding on March 3. Interested?
Contact Maureen Gorski at 852-8687 or
mgorski@eriebar.org for details.
Welcome
New Members
The Bar Association
of Erie County is pleased
to welcome the
following new members:
Sabrina R. Bell
Margaret C. Callanan
Ralph Cessario
David Gottfried
Jennifer A. Kelleher
Ivan E. Lee
Nicholas G. LoCicero
Stephanie A. Mack
Patrick M. McNelis
Aaron Christopher Miner
Michael J. Pastrick
Erica N. Rocco
Stephanie Scarborough
Maura C. Seibold
Paul Shatkin
Michael P. Sullivan
It’s great to belong to something this good.
September 2008 | www.eriebar.org
Correspondence from Kent, Our Sister City in England
By Jonathan Smithers
I wrote in your summer edition about my election to the presidency of Kent Law Society and
of our annual dinner. Over 200 of our members
attended. I used the function as an opportunity
to raise some money for little known but very
worthwhile charity in Great Britain called
“Teenage Cancer Trust.” This charity provides
practical help including the installation of facilities at hospitals dedicated to the treatment of
teenagers who may otherwise slip through the
net between children and adult facilities.
Teenagers have very specific needs and
demands, as their cancers often grow more
aggressively when developing during periods
when teenagers themselves are growing more
quickly.
We were able to raise just under £2000
(roughly $4000), which was a tremendous result
for our Society and one of which I am very
proud. Our Society’s principal sponsor is
Clydesdale Bank – originally Scottish but now
linked up with the Yorkshire Bank (in the north Kent Law Society Raises Funds for Charity ~ Pictured above, left to right,
of England), whose parent company is National are Paul Saunders, manager with Clydesdale Bank, Jonathan Smithers,
Bank of Australia – a truly worldwide presence! and Andrew and Diane Vickers, representing the Teenage Cancer Trust.
I attach a picture showing the cheque being presented to Andrew and Diane Vickers whose son,
Ben, died seven years ago from leukemia. Andrew
taught me at school in the late 1970s. He and his wife
have dedicated themselves to raising funds for this
excellent and worthwhile charity. They have certainly
been an inspiration for me and other members of Kent
Law Society. Sometimes we need to look up from
the masses of paper on our desks and realize there
are other things more worthwhile than our own
billing targets!
[B]
PAGE 17
PAGE 18
www.eriebar.org | September 2008
Event Sponsorships Offer Mutual Benefit to Bar and Sponsors
What does it mean to be an event sponsor?
Sponsors play an important role in the success of
bar-related events and activities. Becoming an
event sponsor helps defray costs, keeping ticket
prices affordable so that all members have the
opportunity to participate in and enjoy our many
social and networking events. Sponsors also enable
the Bar Association to upgrade many of the services and amenities provided at these events.
Programs such as the Annual Dinner and the
Law Day Luncheon allow us to publicly appreciate excellence in the legal community and beyond.
The President’s Ball and the Judicial Candidates’
Roast promote collegiality and camaraderie. The
Reception for Newly Admitted Attorneys is a wonderful way to welcome your soon to be colleagues
into the profession. Supporting the Bar Association
at these events maximizes your visibility within the
legal community and allows us to continue to provide high-quality, spirited social events for all to
enjoy.
To thank you for becoming an event sponsor,
you will receive print recognition in the Bulletin,
recognition at the event(s) and two complimentary
tickets for each sponsored program. You will also
be recognized on the Association’s Web site, including a direct link to your firm.
We all know that mentoring and networking
often occur outside of the law firm and the confines of the business day. Why not help your firm
and your Bar Association by becoming an event
sponsor today?
Depression and Our Bodies
continued from page 14
In any law firm, the barometric pressure of stress
rises and falls frequently. Consequently, we often find it
difficult to be a “loving presence” to ourselves: to eat
well, exercise, get enough sleep, and nurture a support
structure of good friends. The gale-force winds of
stress, burnout and depression can begin blowing and
disconnect us even from this basic agenda. Yet, if we
are to regain our health in the midst of depression, we
must return to these basic concerns because depression
afflicts our minds and our bodies. Our physical state –
our precious bodies – get hammered by the unremitting punishment that depression dishes out. I have
often described it to friends as “wet cement running
through my veins.”
The biochemical imbalance that is so often a part of
depression affects every part of our physical makeup:
our eating, our weight, our energy level, and our ability to sleep. How can we realistically hope to “feel better,” to regain the healthy ground that depression has
knocked us off, if we don’t offer a loving presence to our
tired and afflicted bodies left unbalanced, weak, and
fatigued in depression’s wake?
Being a loving presence to our bodies is like being a
loving parent. We need to pause – and to have a support structure of people who remind us to pause – to
ask ourselves what is good for our bodies. My family
doctor once told me that our bodies are like giant tape
recorders that remember everything we have done to
them. Too little sleep, too much stress, not enough
exercise tells our body that we simply don’t care and/or
don’t have the time for it. This pattern can have catastrophic consequences when depression hits because
the body that we need to help us is not fully able to be
our ally. Because it has been ignored, it is of little help
to fight depression and actually participates in it. Antidepressant medication can be a way, especially in the
beginning, to begin to soothe our bodies, to calm our
minds enough, so that we can begin thinking of how we
are going to rebuild that loving relationship with our
bodies.
We invite you to take advantage of this special opportunity and sponsor one or more of the 2009
events listed below. Please detach and mail to: Marie Boccio, 438 Main Street, Sixth Floor, Buffalo,
New York 14202. For more information, call 852-8687 or e-mail mboccio@eriebar.org.
Please check the event(s) that you wish to sponsor:
______
______
______
______
______
______
The President’s Ball (March 2009) ~ $350
Reception for Newly Admitted Attorneys (April 2009) ~ $350
Law Day Luncheon (Spring 2009) ~ $350
Annual Dinner (June 2009) ~ $350
Judicial Candidates’ Roast (October 2009) ~ $350
I wish to become a “premium sponsor” of all of the events listed above at the special price of $1500.
Firm Name ______________________________________________________________________________________
( A S I T S H O U L D A P P E A R O N A L L P R I N T E D M AT E R I A L )
Contact ________________________________________________________________________________________
Address ________________________________________________________________________________________
City/State/Zip Code ________________________________________________________________________________
Telephone Number (
) __________________________Fax Number (
) ________________________________
E-mail address __________________________________________________________________________________
Law Firm Web site address __________________________________________________________________________
❏ Enclosed is my check payable to the Bar Association of Erie County
❏ Please charge my credit card _____Visa _____MasterCard _____Exp. Date
Card Number ____________________________________________________________________________________
Signature ______________________________________________________________________________________
Billing Address __________________________________________________________________________________
City____________________________________________State ___________Zip Code ________________________
One of my favorite parts of the Bible comes from the
Old Testament, the 23rd Psalm. To me, it speaks about
the journey: “Yea, though I walk through the valley of
the shadow of death, I will fear no evil; for You are with
me; Your rod and Your staff, they comfort me.” All
humans must make this journey. We must all “walk
through the valley” of a life which is certain to have its
victories and times of happiness, but also its stunning
defeats and times of deep sorrow. The shape of those
victories and defeats take a particular form for lawyers.
Even more so for lawyers who struggle with depres-
sion. The valley can feel more like a deep trench with
no way out. Our bodies can feel buried in this trench
with no light or air able to penetrate depression’s paralyzing weight.
Yet, there are steps each of us can take to begin our
climb out of this hole. In my experience, our bodies are
like the ladders propped against the trench of depression.
The great Psalm tenderly says to us that we are not alone;
God is there with us in the deepest darkness. Yet, I would
also suggest that our bodies are there for us also, waiting
to assist us in our journey towards wholeness.
[B]
PAGE 19
September 2008 | www.eriebar.org
DUI Offenses, Licenses, Suspensions and Revocations
By Glenn Edward Murray
The terms below are excerpted
from Criminal Law Slanguage of
New York 4th edition, by Glenn
Edward Murray and Gary
Muldoon, which includes more
than 800 slang expressions
and citations, published by
LexisNexis.
Noonday Lecture on DUI
On September 10, Glenn Murray will
present a one-hour noonday lecture entitled
“DUI Suspensions, Revocations and
Conditional Licenses” at the Bar Association
Headquarters, 438 Main Street, Sixth Floor.
To register, please call Mary Kohlbacher
at 852-8687.
In handling DUI cases it is critical to distinguish different kinds of offenses, licenses and eligibility for conditional and restricted use licenses and privileges.
DUI OFFENSES
DUI. Is DUI an offense in New York? Yes, but there
are several kinds which are commonly called by their
sub-species:
DWI. Driving While Intoxicated. Misdemeanor
(VTL §§ 1192(2)(3).
Common Law DWI. Driving while intoxicated
charge (VTL § 1192(3)) based on physical condition.
Per Se DWI. Driving while intoxicated charge
(VTL § 1192(2)) based on proof of =>.08 percent
Blood Alcohol Content (BAC).
ADWI. Aggravated Driving While Intoxicated.
Misdemeanor (VTL §§ 1192 (2-a)) if =>.18 percent
BAC. Enhanced sentencing of one-year revocation and
fine of $1,000-2,500 (VTL §§ 1193 (2-b-2).
Eighteen-month revocation if prior within 10 years.
VTL § 1193 (2)(b)(3).
DWAI. Driving While Ability Impaired (traffic
infraction). VTL § 1192(1), based on physical condition or BAC of =>.05 percent. A lesser included
offense of DWI. Not a lesser included offense of Driving
While Impaired by Drugs (VTL § 1192(4)).
DWAID. Driving While Ability Impaired by Drugs
(misdemeanor) VTL § 1192(4).
DWAIDA. Driving While Ability Impaired by Drugs
and Alcohol. (misdemeanor) VTL § 1192(4-a).
Felony DWI. A misdemeanor charge is enhanced to
felony if the motorist has a prior misdemeanor DUI
conviction within 10 years per VTL § 1193(1)(c)).
Zero tolerance law (a/k/a “Baby DWI,” aka
“Z-T”). Unlawful for motorist under age 21 to operate motor vehicle after having consumed virtually any
alcohol. Per se BAC is =>.02 -.07 percent for civil
administrative finding/penalties. Six-month suspension
upon BAC violation and one-year revocation upon a
chemical test refusal. VTL §§ 1192-a, 1194-a,
1193(2)(a)(2). No CL if refusal. Z-T finding not
treated as conviction but if eligible for DDP enrollment
this disqualifies for DDP for 5-years. See VTL §
1196(4). This is the only drinking/driving disposition
that allows a motorist to remain eligible for a conditional license (CL) if convicted for an offense committed within the next five years.
LICENSE CLASSES
Class D: Most common license. Issued to drivers age
18 or over, and to drivers age 17 who completed Driver
Education.
Class DJ Limited: Junior license issued to drivers
under the age of 18, for a six-month period of time,
who have not completed a driver education course.
Restrictions apply.
Class DJ: Junior license status of drivers under the
age of 18, who have completed a driver education
course, and have operated on a DJ Limited for a six-
month period of time.
Class E: Taxi and Livery.
CDL: Commercial Class A, Class B and Class C.
Class M: Motorcycle.
sion/revocation. Not available for class limited DJ or
MJ, CDL or E licenses. VTL § 530; 15 NYCRR 135.7.
Most DUI RULs are governed by specific VTL sections
other than § 530. Various DUI RULs are described
below.
ARRAIGNMENT
SUSPENSION vs. REVOCATION
Prompt suspension law. Mandates court suspension of license at arraignment if BAC of =>.08 percent. Hardship privilege is discretionary with local
court.
Suspensions forfeit the privilege of operating a motor
vehicle for a definite period of time or until the motorist
rectifies the reason for the suspension, such as by
answering a summons, filing an accident report or
appearing at a hearing. A $25 suspension termination
fee must be paid to terminate the suspension.
Refusals. Mandates court suspension of license at
arraignment pending refusal hearing which terminates
on the 16th day after arraignment or when a hearing is
held. Refusal judge may, at his or her discretion, continue suspension if hearing is not complete or case is
adjourned.
Revocations forfeit the privilege of operating a motor
vehicle until a) the minimum period of revocation has
elapsed, b) the motorist submits application for relicensure, and c) the application is approved by DMV. I
tell clients that unless and until all these requirements
are met, they can wait “until the world turns to dust”
and never have a valid license again. A $50 nonrefundable fee must accompany the application, along
with any other unpaid penalties that are due, such as a
civil penalty for chemical test refusal and/or driver
responsibility assessment.
No hardship privilege is available if the license is suspended pending a refusal hearing. Revocation or reinstatement is determined by DMV.
Class MJ: Junior Motorcycle License.
Operation without a valid status may result in a
criminal charge of Aggravated Unlicensed Operation
(AUO) pursuant to VTL § 511.
RESTRICTED USE LICENSES AND
PRIVILEGES
Hardship privilege. Enumerates discretionary
limited driving privileges (such as work/school only)
that court may grant to ameliorate suspension pending
prosecution based on BAC => .08 percent. VTL §
1193(2)(e)(7); See People v. Bridgman, 163 Misc.2d
818 (City Ct. 1995)(“extreme hardship” factors).
Pringle hearing. Under BAC-based prompt suspension law, court must hold summary hearing before
the conclusion of the proceedings required for arraignment and before the driver’s license may be suspended.
Pringle v Wolfe, 88 N.Y.2d 426 (1996), cert den, 519
U.S. 1009 (1996).
Sean’s law. DJs and MJs are suspended at arraignment if motorist charged with VTL § 1192-1, 2, 2-a or
3. VTL § 1193(2)(e)(7)(a-1).
Privileges. A motorist who does not have a NY driver’s license might have the privilege of operating a
motor vehicle in NY that corresponds with the same
limits of the motorist’s home state license. NY privileges
may be revoked or suspended upon violations of the
NYVTL or reports of violations in other states.
PRE-CONVICTION
NDR. National Driver Register. Central repository
of information concerning all motorists, licensed in any
state, whose license or privilege to drive has been
revoked, suspended, canceled or denied, or who have
been convicted of serious traffic-related offenses. State
driver licensing agencies obtain NDR information to
determine if a motorist’s license or privilege has been
sanctioned
by
any
other
state.
See
http://www.nydmv.state.ny.us/forms/ndr1.pdf
POST-CONVICTION
RUL. Restricted use license available for certain
non-alcohol related offenses. Provides limited driving
privileges during some kinds of driver’s license suspen-
PCCL (pronounced “Pickle”). Pre-Conviction
Conditional License. VTL § 1193(2)(e)(7)(d). Motorist
is eligible for PCCL 30 days after suspension pending
prosecution based solely on BAC, but only if eligible for
post-conviction conditional license (CL).
Twenty-day order. Authorizes 20 days of full driving privileges following conviction and license surrender for determination of eligibility for Conditional
License (CL). VTL § 1193(2)(d)(2). It does not stay
any other suspension or revocation.
CL.
Conditional License. VTL § 1196 (4);15
continued on page 24
PAGE 20
www.eriebar.org | September 2008
Non-profit Group Provides Needed Services to Refugees
install and run them. There is always a need for legal
services.
What is Buffalo’s most internationally recognized
organization? Is it the Albright Knox Art Gallery, the
Philharmonic Orchestra or perhaps the Buffalo Bills?
An argument can be made that more of the earth’s
population have heard of this little organization than
the residents of Buffalo itself.
a full house of 118 beds. The majority of the residents
are temporarily passing through Buffalo on their way
to make refugee claims in Canada. However, several
hundreds remain in Buffalo every year, trying to start a
new home here by seeking asylum in the United States.
If you are interested in seeing what La Casa is all
about, Vive will be hosting its annual fundraiser – The
Freedom Bowl – on November 1, 2008 from noon to
3:00 p.m. For more information, call Executive
Director Brian Brown-Cashdollar at 892-4354, extension 4, or e-mail bbc@vivelaca.org.
[B]
The organization is Vive, Inc., a not-for-profit organization that has been providing services to the world’s
refugees since 1984. Last year, Vive served over 3,500
worldwide refugees. Since its founding, Vive has
assisted over 63,000 refugees from 106 countries.
Members of the Bar Step In to Assist
Established in 1984, Vive is an inter-faith organization that assists refugees seeking protection under the
Geneva Convention in the United States and Canada.
Vive provides refugees with safe shelter, food, legal
services, limited health care and other urgent needs.
Last year, over 70 percent of the shelter residents were
women and children.
Vive, known to most of the world simply as “La
Casa,” started out in a small parish in Lackawanna,
then moved to the former St. Gerard’s property at
Wyoming Avenue and East Delevan. Vive typically has
Several local lawyers have volunteered their services
to Vive. Whether serving as directors, general counsel or
handling pro bono cases for immigration, social services, mental health care and other needs, a number of
these attorneys have provided invaluable assistance to
Vive and its clients.
As the largest refugee shelter along the U.S.-Canada
border, Vive remains the first place that many refugees
contact when entering the United States. Vive’s caring
staff members often hear that this is the first time the
refugees have felt safe since they left their homelands.
Vive is always open to individuals seeking to volunteer or donate. The wish list includes everything from
simple items like toothbrushes, deodorant, socks and
underwear to computers and capable persons able to
Citations
continued from page 10
4th Dept., 7/3/08, #745) affirming Justice Diane
Devlin.
The Fourth Department affirmed Justice Timothy
Drury’s denial of a motion for a directed verdict in a
case involving a fall from a ladder while repairing an
overhead garage door. (Brown v. Concord Nurseries,
Inc., __AD3rd__, 7/3/08, # 823)
In Fuller v. Spiesz (__AD3rd__, 7/3/08, #903), our
Fourth Department confirmed Justice Richard Kloch’s
denial of partial summary judgment under sec. 240
where the plaintiff was a “volunteer” working on
defendant’s roof.
WHEN STRETCHING TIME LINE IS
JUST FINE OR WHEN CPLR ELASTICITY
IS A NECESSITY
In Brown v. Wilson Farms, Inc., et al. (__AD3rd__,
6/13/08, # 884), our Fourth Department upheld the
use of CPLR 306-b to extend the time in which to
serve defendants. This case is a concise example of the
power of this statute to save a lawsuit which is in jeopardy from the clock.
NON-MERGER HOUSE HASSLE
A separation agreement which was “incorporated but
not merged” in the Judgment of Divorce included a
home awarded to the former wife. The Appellate
Division (First Dept.) held that said home could only
be ordered sold after a plenary action on the agreement, and not merely by motion. (Granto v. Granto,
__AD3rd__, 5/29/08, 859NYS2nd132)
SLIP TIPS AND STUMBLE BUMBLES
Case was dismissed where plaintiff fell over a package defendant’s employee left on a porch. (McGill v.
UPS, Inc., __AD3rd__, 4th Dept., 7/3/08, #861)
Factual issues precluded summary judgment where
plaintiff tripped on “shunt boards” covering temporary
wires which crossed over a sidewalk. (Cook v. Con. Ed.
Co. Of N.Y., Inc., __AD3rd__, 1st Dept., 5/6/08, 859
NYS2nd 117)
September 2008 | www.eriebar.org
PAGE 21
Update from the Young
Lawyers Committee
By Melissa A. Foti
As my first order of business as the
chair of the Young Lawyers
Committee, I am pleased to welcome
Pietra G. Lettieri as the incoming
co-chair. Pietra is an associate at
Harris Beach, PLLC, and practices
in the public finance & economic
development and tax law practice groups.
The Young Lawyers Committee finished the 2008
year with our annual Stop DWI assemblies. With the
assistance of the District Attorney’s Office, the assemblies were presented to several local high schools this
year during the prom season. The program consists of a
panel of speakers, including an assistant district attorney
and a police officer, along with the use of video tape to
give the victim’s side of the story. Thank you to all who
participated in making this year’s program a success!
Special thanks to assistant district attorneys Maura
O’Donnell-Corbett and Beth Solek for their hard work in
coordinating the ADAs who participated in the program.
I would also like to thank the former chair of the
Committee, Natalie Grigg, for her continued efforts in
assisting with the Stop DWI assemblies. We look forward
to another successful program in 2009.
Additionally, this year’s Young Lawyers
Committee will administer the Association’s annual
High School Mock Trial Tournament and the Bar
Monitoring Program. For further information, look for
our announcement in next month’s Bulletin. Members
interested in getting involved with this committee or
any of its programs are encouraged to contact Melissa
Foti at 853-3801 or Pietra Lettieri at 200-5213. As
always, thank you for your support!
[B]
Dancing with the (Family Court) Stars ~ Kristin Langdon Arcuri, who chairs the BAEC’s Practice & Procedure in Family Court
Committee, tells us that the last meeting of the committee season is typically a light-hearted one to “kick off the summer
until we are all back together” again in the fall. Committee member Brian Welsh “has done a fabulous job for the past several
years in supplying the committee with fun season enders and this was no exception,” Arcuri said. Instructors from the Fred
Astaire Dance Academy provided lessons to some willing volunteers who were rated a la “Dancing with the Stars” by a panel
of three judges. Pictured above with Brian “It’s a Tough Job but Somebody’s Gotta Do It” Welch are dance instructors
Anastasia Abrashin, Caitlin Doldan and Vera Kosarev. We just have one question: How is he going to top this one?
PAGE 22
www.eriebar.org | September 2008
Jointly Sponsored Annual Golf Tournament Benefits LSED
Golfing for a Good Cause; Bar Association-Legal Services for the Elderly Golf Tournament
Hon. Erin Peradotto with former BAEC president Steve
Lamantia, Tracey Bannister and Eugene Gaughan.
David Silverberg, Steven Bengart and Mary Jo Hamilton
with Paul Cesana.
BAEC president Giles Manias with Dr. Joseph Lanasa,
Gerald Trafalski and William Hannigan.
Hon. Sharon Townsend with Denis Scinta, Nelson Zakia
and Barbara Nuchereno.
Organizers of the jointly sponsored LSED-Bar
Association golf tournament were pleased and encouraged by the success of the first combined annual event.
Held at the Brookfield Country Club, the fundraiser
hosted 143 golfers, along with additional guests for the
dinner and program.
Members of the Golf Committee are: Tom Keefe,
Giles Manias, Fred Ciccarelli, Peter Battaglia, Tim
Mordaunt, Paul Weaver, Bob Marinelli, Mike Collins,
Gayle Murphy, Tim O’Mara, Tom Brydges, Garry
Graber, Shari Jo Reich, Jack Reich, Sandy Clark, Mark
Steiner and Eileen Hotho. Legal Services for the
Elderly (LSED) provides free legal representation to
economically and socially disadvantaged elderly and
disabled persons in western New York. The agency’s
clients are the victims of consumer fraud and elder
abuse; they are seniors facing eviction from public
housing, and grandparents trying to raise their grandchildren. Events such as the golf tournament allow the
organization to bridge the gap between available public funds and the great need for their services. Thanks
to all who participated!
[B]
“We are very grateful to the Bar Association of Erie
County for its support in our combined venture,” said
Karen L. Nicolson, CEO of Legal Services for the
Elderly, Disabled or Disadvantaged of Western New
York.
Nicolson also thanked “all of the sponsors, golfers
and the many individuals and businesses that made
donations to make this event possible,” noting that
their participation enabled the group to “continue the
tradition of fun and fellowship at this year’s successful
tournament – a vital component of our agency’s
fundraising efforts.”
Winners include:
First Place: Justin White’s team. Members: Justin
White, Sunil Bakshi, Keith Schulefand and Brett
Silverberg.
Second Place: Ron Plesh’s team. Members: Ron
Plesh, Ryan Plesh, Keith Green and Chris Kirby.
Women’s Longest Drive: Camille Dalla Torre
Men’s Longest Drive: J.M. Hayes
Ferdinand J. Ciccarelli Closest to the Pin
Award: Sunil Bakshi, Men’s Division; and Kathy
O’Connor, Women’s Division.
The preceding new award, which will now be presented annually, was named in honor of Ferdinand J.
“Fred” Ciccarelli, longtime Bar Association member
and driving force behind the golf tournament for more
than 30 years. Ciccarelli was on hand to bestow the
award to its first recipients, along with BAEC president
Giles P. Manias.
Winners of the LSED auction were:
John Brady, two tickets to the Bills-San Francisco
‘49ers game on November 30, with a winning bid of
$250;
Special thanks to the
following sponsors for their
support of this event:
M&T Bank
Phillips Lytle LLP
Gibson McAskill & Crosby
Gurney, Becker & Bourne
Pfalzgraf, Beinhauer & Menzies
Clark & Steiner
Kenny, Shelton, Liptak & Nowak
Jaeckle, Fleischmann & Mugel, LLP
Ron Plesh, an LCD 32-inch television set from RentA-Center for $675; and
National Fuel, Jan Berg,
Sandy Clark ($850) and Tom Pares ($550), two
weeks in one-week increments at Jan Berg’s timeshare
in the Hilton Vacation System.
Settlement Professionals, Toshiba,
Hole-in-One & Rapid Rays
September 2008 | www.eriebar.org
Excerpts from Remarks to the St. Thomas More Society
Delivered by Robert E. Crotty
It is always good to come home, especially when your
home is Buffalo. Buffalo is a special place for me and
Buffalonians are special people. It was in Buffalo that I
spent my formative years and where I received my
most important and best education. It is especially
good to come home to speak to a group of distinguished
jurists and lawyers and some of my oldest friends, each
of whom bring back many happy memories even while
we are creating new ones.
Let me tell you a little about the Guild of Catholic
Lawyers of the Archdiocese of New York. It was formed
in 1928 and has been active since then. We host a First
Friday Mass at The Church of Our Saviour in midtown
Manhattan every month from October through June.
After Mass, we have a speaker. Each year we have a
theme and each speaker speaks on that theme. This
year our theme has been the First Amendment, last
year it was the Church and Social Justice and the year
before that Catholic Education.
In February, we have our Red Mass followed by the
presentment of our Charles Carroll Award to an outstanding Catholic lawyer in the Archdiocese. Charles
Carroll was the only Catholic to sign the Declaration of
Independence; he was also the richest man in the
colonies. We honor him for his courage; not his wealth.
Everyone - lawyer and non-lawyer - is welcome to all
our events. The First Fridays have no charge, the coffee and Danish are free and no reservations are
required. So if you are in New York on a First Friday
please join us. You are always welcome!
One of the questions I have been asked about the
Guild of Catholic lawyers is why should be there a
Guild of Catholic lawyers at all. I suppose that the
same question applies to your St. Thomas More
Society. This question is part of the constant reaffirmation in our media and in academia that we are a
secular society. The secular society shows itself in
many ways.
Indeed, we are constantly being told:
• that God and religion are at best private matters
and should not be part of the public debate;
• that science has made theology, philosophy and
the rest of the liberal arts – if not irrelevant – at
least simply quaint;
• that theology – much less religion – is not of sufficient intellectual content to be taught in our
schools and universities; and
• that religion should not be taught to children,
even by their parents, because children are too
impressionable and apparently might believe
there is something to this religion stuff.
At least that is what they tell us. Secularism is a
concept very much at odds with the way I grew up in
Buffalo and with what I was taught to be true and
which I still believe to be true. My background is much
like many of yours.
Someone once asked me if I had been discriminated
against when I was growing up because I was a
Catholic. I responded that I didn’t think that I had been
but I could not be sure because I probably had not met
a non-Catholic until I was 21!
Growing Up in the “Catholic Ghetto”
That is pretty Catholic but – as I say – it was not
unusual for a Catholic raised in Buffalo. This type of
background has been called the Catholic Ghetto. The
Catholic Ghetto no longer exists – at least not in New
York City where I live in 2008 and I doubt that it exists
in Buffalo, or anywhere else today. I would not hope for
its re-establishment, even if I thought it could be.
PAGE 23
In all of this education and cultural context, however,
I never remember being taught that my values,
Catholic or otherwise, belonged only to the Catholic
Ghetto, or were, or should only be, practiced in church
or just in my home; or, that they were “private values”
that only concerned me. It went without saying that
the values we were being taught were life values to be
practiced and shared with others – at least by example
- in all aspects of our lives.
…We should be proud of Catholicism’s long, rich,
and profound intellectual tradition.
Today’s pluralistic, materialistic and secular world
makes our Catholicism all the more important so that
we can bring it to bear on the problems that face society today. Living and being educated in the Catholic
Ghetto was not the narrow and confining experience
that many have tried to make it. The essential message
of Catholicism was always positive and expansive: seek
the truth by loving God.
…As Pope Benedict teaches in his recent encyclical
Saved in Hope, “every generation has the task of
engaging anew in the arduous search for the right way
to order human affairs.” (at 25).
Ever since man could think, man has considered the
ultimate questions: why are we here; where are
we going; and how should we relate to our fellow
human beings. These are the salvational questions
which all of us and every generation has to address.
…Catholicism has been at the center of this debate
for two thousand years.
continued on page 25
PAGE 24
www.eriebar.org | September 2008
DUI Offenses, Licenses, Suspensions and Revocations
continued from page 19
NYCRR 134.7. Limited use license some DUI defendants are eligible for, but only if convicted of DWAI or
DWI or found in violation of Zero Tolerance. If charges
are dismissed and refusal revocation is imposed by
DMV, there is no eligibility for a CL. Thus, for driving
privileges, some motorists are better off convicted than
acquitted. Effective September 30, 2005, operation of
a CMV on a CL is not allowed even if a Certificate of
Relief from Civil Disabilities (CRD) is granted –
whether or not motorist was convicted of DWAI or DWI
while operating a CMV. See VTL §§ 1196(7)(g),
530(5). A CL is available only if the motorist is eligible
for the Drinking Driver Program (DDP). VTL §
1196(4).
POST-REVOCATION
PRCL (pronounced “Perkel”). Post-revocation
conditional license. Conditional license for motorists
who are eligible for relicensure, but must comply with
court-ordered ignition interlock device (IID). VTL §§
119-a, 1198(5). Penal Law § 65.10(2)(k-1), VTL §
1193(1-a)(c)(i).
PERMANENT REVOCATION
Upon three or more DUI convictions/refusals, some
motorists are subject to permanent license revocation.
VTL § 1193(2)(b)(12). See Gerstenzang, Handling
The DWI Case In New York (2007-2008 edition) §
54.23.
COURT DISCRETIONARY SUSPENSION/REVOCATION
Besides specifically enumerated triggers that mandate suspension or revocation, a court may suspend a
driver’s license pursuant to VTL § 510 (3-a). This is
called a discretionary or permissive suspension/revocation. A court may suspend or revoke for any VTL vio-
lation.
RELICENSURE
DMV has discretionary powers to deny limited driving privileges and/or relicensure depending on the
motorist’s driving history. This discretion may be exercised despite eligibility and after the minimum statutory period of revocation has expired.
CONCURRENT VS. CONSECUTIVE CALCULATION OF SUSPENSIONS/ REVOCATIONS
Depending on the timing of the triggering event,
some suspensions and revocations might be calculated
simultaneously (concurrent) and others sequentially
(consecutive). For example, the period of suspension
pending prosecution (SPP) or suspension pending
refusal hearing (SPRH) is never credited toward any
DMV-imposed refusal revocation or any court conviction suspension or revocation imposed thereafter. In
some cases, concurrent calculation, or partial concurrent calculation, might be obtained by waiving an
impending refusal hearing. In that event, the date of
waiver commences the revocation period sooner than it
will commence if a revocation is imposed at a future
refusal hearing.
OCCUPATIONAL LICENSES
A commercial motor vehicle may not be legal operated with a limited use license, even if the court
granted a Certificate of Relief from Civil Disabilites
(CRD). A taxi license might be operated within some
limited driving privileges if the court grants a CRD.
FORFEITURE
A conviction of any moving violation during limited
driving privileges (RUL/CL) may result in forfeiture of
privilege and reinstating original period of underlying
suspension or revocation.
[B]
Glenn Edward Murray has been a DUI criminal
defense attorney in western New York for over 20 years
and is a member of the National College for DUI
Defense. He is the author of Collateral
Consequences of Criminal Conduct (NYSBA,
1992) and Criminal Law Slanguage of New York
4th (LexisNexis Publications, 2006).The author gratefully acknowledges the contributions of NYSDMV First
Assistant Counsel Ida Traschen and ALJ Rita Los in
preparing this article.
Editor’s Note: This article is intended
only as a general introduction to DUI
offenses, licenses, suspensions and revocations. It does not constitute legal advice
concerning any specific case or consequences. Evaluation of the particular client,
case, court and consequences by capable
counsel is necessary to render proper legal
advice. Additional information about these
topics is available at www.glennmurraylaw.com and from the New York State
Department of Motor Vehicles (NYDMV) Web
site, including forms which may be downloaded
at: http://nydmv.state.ny.us/index.htm.
Law Line Educates
Public on Legal Issues
Since 1997, The Law Line has engaged the
minds of thoughtful western New Yorkers who
tune in to WNED-AM (970) at 10:00 on
Saturday mornings. Host Mike Desmond talks
to lawyers and judges from our legal community on wide-ranging topics related to the law.
The program provides a valuable public service
that reaches about 4,000 listeners each week.
We appreciate the time that the following
members of our Association have taken to educate the public about legal matters by volunteering their time to appear on The Law Line.
Members are listed in order of appearance.
Richard S. Kwieciak
Re-employment Benefits & Legal Protection
for Military Members
Sallie G. Randolph
Law for Writers
Charles Beinhauer
Home Health Care
Tracy Scott Harrienger
and Karen L. Nicolson
Pooled Trust Program
Robyn G. Pharr
Issues of Visitation and Child Support
Craig R. Bucki
Regionalism in Buffalo and Western New York
Jaclyn S. Wanemaker
Bail
Maurice C. Doyle
Foreclosures
Dr. Charles P. Ewing
Psychology in the Courtroom
The Law Line is underwritten by the Erie
County Bar Foundation and the Lawyer
Referral and Information Service of the BAEC.
If you would like to appear as a guest on the program, please contact Katherine Bifaro at 8528687 or by e-mail at kbifaro@eriebar.org.
PAGE 25
September 2008 | www.eriebar.org
Excerpts from Remarks to
St. Thomas More Society
continued from page 23
…Catholic lawyers, by virtue of our profession, are
always involved in trying to achieve justice not just for
our clients but to make sure that our legal system contributes to a moral society. A society can be neither civil
nor widely prosperous where there is no justice. And, as
Pope Benedict XVI also wrote in his recent encyclical,
“it is no accident that this claim of secularism “has led
to the greatest forms of cruelty and violations of justice
…A world which has to create its own justice is a world
without hope.”
In assessing the Church’s intellectual tradition and
teachings, we should always remember that the
Catholic Church has implemented its teachings to benefit the great good of our society and that we can – and
should - all be a part of continuing that great good. We
have much to live up to.
…So what does all of this have to do with the St.
Thomas More Society and the Guild of Catholic
Lawyers? These organizations – although organized in
a very different social and religious environment – still
say to us and to our colleagues that we bring our
Catholicism into our professional life. That our values
are based in our Catholicism. That our public laws and
procedures cannot be divorced from morality. That we
may have the freedom to choose but that not every
choice has the same moral legitimacy.
In this secular world, therefore, it is important that
our groups continue to exist. Indeed, it is all the more
important as the future of Catholicism depends more
and more on the laity carrying their Catholicism into
the world. If Catholicism is to continue as an important
element in our society, it will do so commensurate with
the efforts of Catholic men and Catholic women to
show our society that Catholicism has something of
merit to say to all.
So let me close by thanking you again for having me
and for listening to me and thank you for being part of,
and continuing, a great Catholic tradition. And, as my
father used to say:
“Keep the faith!”
[B]
Robert E. Crotty is a partner at the New York law firm
of Kelley Drye & Warren LLP focusing on complex commercial litigation, trials, arbitrations and appeals. He
is also president of The Guild of Catholic Lawyers of
the Archdiocese of New York.
St. Thomas More Guild Inc.
An Organization for Lawyers
in the Diocese of Buffalo, New York
S A V E T H E D AT E
IN TRIBUTE
SEPTEMBER 11, 2001
ANNUAL RED MASS
Date: . . . . . . . . . Wednesday,
. . . . . . . . . September 24, 2008
Time:. . . . . . . . . 12:05 p.m.
Location: . . . . . . St. Joseph’s Cathedral
Judicial
Remarks: . . . . . . Hon. John P. Lane
. . . . . . . . . Judicial Hearing Officer
. . . . . . . . . 8th Judicial District
“Without memory, our existence
would be barren and opaque,
like a prison cell into which
no light penetrates; like a tomb
which rejects the living.
It is memory that will
save humanity.”
FOR FURTHER INFORMATION,
call Laurie Styka Bloom at 853-8100
or write to:PO Box 35,
Buffalo, New York 14201-0035
~ Elie Wiesel, Nobel Peace Prize
Winner, Holocaust Survivor
PAGE 26
www.eriebar.org | September 2008
ERIE INSTITUTE OF LAW
PROVIDING CONTINUING LEGAL EDUCATION FOR YOUR PROFESSIONAL ADVANTAGE
PLEASE NOTE: The Erie Institute of Law is unable to issue partial credit for seminars, except for multiple session programs such as the Tax and
Leadership Institutes. If you have questions about whether a program qualifies for partial credit, please call Mary Kohlbacher at 852-8687.
Date/Time/Location
Topic
CLE Credits
Wednesday, September 10, 2008
1:00 p.m. - 2:00 p.m.
Adelbert Moot CLE Center
DUI Suspensions, Revocations and
Conditional Licenses (Consider the Consequences)
(Noonday)
1.0 credit
$20 members and
non-members
Friday, September 12, 2008
9:00 a.m. - 1:00 p.m.
Buffalo/Niagara Marriott
1340 Millersport Highway
Advocacy Goes to the Movies
(Live Seminar)
4.5 credits
$70 members
$100 non-members
Thursday, September 18, 2008
9:00 a.m. - 1:00 p.m.
Hyatt Regency Buffalo
Two Fountain Plaza
2008 Update on Civil Practice and Procedure
(Live Seminar)
4.5 credits
$70 members
$100 non-members
Friday, September 26, 2008
12:00 p.m. - 2:00 p.m.
Adelbert Moot CLE Center
TBI, PTSD, and ‘Wounded Warriors’:
Vets and Social Security Disability Benefits
(Noonday) *Please note special time and price
2.0 credits
$40 members and
non-members
Mail or fax to: Erie Institute of Law • 438 Main Street, Sixth Floor, Buffalo, New York 14202
ERIE INSTITUTE OF LAW
REGISTRATION FORM
Please register me for the following
Erie Institute of Law sponsored events:
1. ________________________________________
2. ________________________________________
Price
(716) 852-8687 • Fax (716) 852-7641
Name ______________________________________________________________________________________________________
Firm ______________________________________________________________________________________________________
Address
__________________________________________________________________________________________________
City ________________________________________________________ State ____________ Zip ________________________
3. ________________________________________
Phone ___________________________ Fax __________________________ E-mail
Cancellation Policy: If you are unable to attend a
seminar, for which you have already registered, call
Mary Kohlbacher at 852-8687 ext. 15. For a full
refund, notice of your cancellation must be received
before the date of the program. Registrants who are
pre-registered and fail to attend will receive course
materials in lieu of a refund.
Enclosed is my check in the amount of $ ____________________❐ Visa
__________________________________
❐ MC
Card Number ______________________________________________________________ Exp. Date ______________________
Cardholder Signature ________________________________________________________________________________________
IF YOU DIDN’T RECEIVE YOUR
COPY OF THE NEW CLE PRODUCT
C A TA L O G , S H O W N A T L E F T,
PLEASE CALL 852-8687.
PAGE 27
September 2008 | www.eriebar.org
LISTEN, LEARN & EARN!
In today’s competitive, fast-paced legal environment, effective time management is essential.
Take advantage of the Erie Institute of Law tape library and start earning your CLE credits when the time is convenient for you.
The Erie Institute of Law offers many of our most popular CLE seminars on compact disc, as well as on cassette tape and videotape.
All of our seminars are professionally edited and are accompanied by a full set of written course materials.
Among our most recent selections:
Elder Law Practice Post DRA
Product code 2123
process. Your obligations as a Guardian Ad Litem in
various types of proceedings are thoroughly explained.
5.5 CLE credits: 4.0 Practice
Management/Professional Practice, 1.5 Skills
Presented on May 1, 2008
Available on Audiotape or CD
Written material available on CD or hard copy format (please select one)
$100 BAEC members, $130 non-members
Effective Brief Writing and Argumentation
Product code 2126
This seminar is designed to provide the elder law
attorney with hands-on experience to navigate the
post Deficit Reduction Act era.The program includes a
client interview, post- interview preparation for the
Medicaid application (including analysis of the case
and various options available to finance long-term
care and preserve the family’s assets), preparation of
the Medicaid application, attendance at the Medicaid
interview, the Fair Hearing process and filing an
Article 78 petition to appeal the Fair Hearing decision.
Course materials include an application with all supporting documents, memorandum of law and the
Article 78 petition. A selection of elder law practice
forms for everyday use are also included.
Good lawyers win cases day in and day out not
because their arguments are clever and elegant, but
because they are coherent, solidly grounded, and
clearly communicated. In this seminar, an all-star
faculty of distinguished professors and judges will
hone your ability to identify and construct sound,
internally consistent arguments capable of winning
cases; help you ground those arguments solidly and
persuasively in law and fact; and show you how to
communicate your winning arguments with sufficient clarity to persuade a judge.
Surrogate’s Court Gardian Ad Litem
Product code 2125
5.5 CLE credits: 1.0 Ethics, 3.5 Practice
Management/Professional Practice, 1.5 Skills
Presented on May 14, 2008
Available on Audiotape or CD
The program provides the information necessary to
allow an attorney to qualify as a Guardian Ad Litem
in Surrogate’s Court proceedings. It includes information concerning Part 36 and the duties of a
Guardian Ad Litem in various types of Surrogate’s
Court proceedings. Learn what you need to be
aware of with respect to Part 36 of the NYCRR,
including the required forms and appointment
4.0 CLE credits: 1.5 Practice
Management/Professional Practice, 2.5 Skills
Presented on May 14, 2008
Available on Audiotape or CD
Electronic Filing in New York State:
Surrogate’s Court in the 21st Century
Product code 2127
2.0 CLE credits: Skills
Presented on June 26, 2008
Available on DVD only (must be returned at completion of program)
DVDs can be rented at no charge for individuals not
seeking CLE Credit.
$35 BAEC members and non-members
The New York State court system recently introduced electronic filing and service through the New
York State Courts Electronic Filing System
(“NYSCEF”) in Erie County Surrogate’s Court. Erie
County is a pilot venue for E-filing in Surrogate’s
Court and NYSCEF is available in probate or administration proceedings, miscellaneous proceedings
related thereto, and such other proceedings as the
court permits.
We’ve Got Your Ticket to Savings!
How it Works
Passes are available in books of six for $350 ~ six seminars for the price of five. Attach a pass when you mail
your advance registration form, or bring the pass with
you when you register at the door. If you intend to use
the pass for a walk-in registration, please be sure to call
ahead and confirm the date, location and available
seating. The seminar pass will cover your registration in
full. Guaranteed.
Save money every time
you use a seminar pass.
Simply stated, the Bar Association of Erie County CLE
Passbooks give you the opportunity to attend highquality, convenient, half-day educational programs at a
bargain rate. One pass buys any half-day seminar for
only $58 ($12 off the regular seminar price). If you
want to minimize your CLE expenses and maximize
educational experiences for yourself or your firm, then
the CLE Passbook program is for you. The passbook
guarantees the reduced price of $58 for any half-day
seminar for the next two years, despite any fee increases during that time period.
The passes are completely transferable and can be
shared with other members of your firm, including staff
members and paralegals. If you are a sole practitioner,
you can share the passes with other practitioners.
Guidelines
Passbooks are valid for two years from the date of purchase and are not replaceable if lost. No cash refunds
are available for unused or expired passes. Each pass is
valid for admission to any half-day BAEC CLE seminar.
There is no limit to the number of passbooks an individual or firm can purchase, but all passes must be used
within two years from the date of purchase, or they
become void. If a scheduling conflict arises after you
have registered for a seminar, just inform our office 48
hours in advance of the program, and we will return
your pass for future use.
E-filing provides the following benefits to attorneys:
• Documents can be filed in court or served
24/7 from anywhere in the world.
• Court fees can be paid online by credit card
at any time.
• The electronic case file is accessible at any
time from anywhere, both to attorneys and
self-represented parties in the case.
• The system is easy to learn and use.
• There are no fees to use the system other
than the normal filing fees.
• Documents can be printed from the file at
no charge.
• The system provides instantaneous e-mail
notice to participating e-filers when the
court issues and files a decree, order, or judgment in a case.
• Commonly-used hardware and software are
all that is required.
Attorneys and self-represented litigants must register as NYSCEF users and obtain a secure password. The simple process for doing so is
explained in the program.
Each seminar is priced as follows
(unless otherwise stated):
CD/Audiotape: $70 BAEC Members, $100 Non-Members
To order, please send check payable to:
The Erie Institute of Law
438 Main Street, Sixth Floor
Buffalo, New York 14202
Be sure to include your name and address for mailing purposes;
add $5 shipping and handling for each tape purchased. Tapes are
mailed via UPS, no P.O. boxes please. To order by phone using
your Visa or MasterCard, call Mary Kohlbacher at 852-8687.
If you haven’t received your copy of our most recent
CLE catalog, please call Mary Kohlbacher at 852-8687.
CLE Passbook Order Form
Please send me _____ seminar passbooks
(one book of six passes: $350)
Total: $ _________________
Name: _________________________________________
Firm Name: ____________________________________
Address: _______________________________________
City: ___________________________________________
State: __________________ Zip: ___________________
Phone: _________________________________________
E-mail: _________________________________________
[ ] Check enclosed; Payable to the Erie Institute of
Law 438 Main Street, Sixth Floor, Buffalo, NY 14202
[ ] Visa
[ ] MasterCard
Credit Card #: __________________________________
Exp. Date: ______________
Signature:______________________________________
PAGE 28
www.eriebar.org | September 2008
A Little Bit of Paradise Makes Debut at Market Arcade
Road Less Traveled Productions (RLTP) is kicking off its fall season with A Little Bit of Paradise, a legal-themed new play workshop
selection by Annette Daniels Taylor, directed by Tim White. The play
runs from Sept. 12th through October 5th with performances
Thursdays through Saturdays at 7:30 PM and Sundays at 2:00 PM.
The Road Less Traveled Theater is located inside the Market Arcade
Film and Arts Center (Main Street, Buffalo).
Welcome to Buffalo’s East Side, circa 1924, and the home of
prominent black attorney Jacob Bridges and his wife, Louisa, as
they navigate a pivotal and tumultuous period in the history of western New York’s African-American Community. Suspense, intrigue,
romance, and nostalgia pervade this slice-of-life melodrama.
“At a time when theater subscribers are looking for alternatives
that they will both enjoy and commit to supporting, RLTP has
proven itself a leader in the theater community in developing new
talent and delivering outstanding performances,” according to BAEC
member and RLTP board member Therese M. Vita. “We have captured the attention of actors like Alec Baldwin, Eric Bogosian and
James Rebhorn, who serve on our national advisory board and have
committed to making personal appearances in Buffalo.”
Road Less Traveled Productions plays are staged in a state-of-theart theater located in the Market Arcade Film and Performing Arts
Center in the heart of Buffalo’s theater district. Subscriptions are just
$75 for four outstanding new plays, and are flexible to subscribers
that don’t always want to commit to the same subscription play
schedule.
“This is not the same old theater pitch,” Vita said. “We offer innovation and thought-provoking, quality entertainment at an unbeatable value.”
Together with Buffalo attorney LeRoi Johnson, Vita is attempting to
assemble a consortium of attorneys to collectively co-sponsor the first
play in RLTP’s 2008-2009 season.
“RLTP productions are a “must see,” Johnson said. “The best offBroadway productions you’ll see off Broadway!”
For further information, visit www.roadlesstraveledproductions.org
ALL MEETINGS HELD IN THE BAR CENTER, 438 Main Street, Sixth Floor, unless otherwise
noted. The Adelbert Moot CLE Center is also located at 438 Main Street, Sixth Floor.
SE PTE MBE R
2008
MONDAY 1
Practice & Procedure in Family Court
Committee
12:15 p.m. - Part 14, Erie County
Family Court
Kristin L. Arcuri, Chair
THURSDAY 18
MONDAY 15
FRIDAY 19
Labor Law Committee
12:15 p.m. - Sean P. Beiter, Chair
Banking Law Committee
12:15 p.m. - Location to be
announced
Timothy P. Johnson, Chair
Real Property Law Committee
12:15 p.m. - Adelbert Moot CLE
Center
W. Clark Trow, Chair
Workers’ Compensation Committee
12:15 p.m. - Workers’ Compensation
Board, Statler Towers
Philip Scaffidi, Chair
Young Lawyers Committee
12:15 p.m. - Adelbert Moot CLE
Center
Melissa Ann Foti, Chair and Pietra G.
Lettieri, Co-Chair
WEDNESDAY 10
TUESDAY 16
Health Care Law Committee
12:15 p.m. - Lisa McDougall, Chair
Corporation Law Committee
12:15 p.m. - Bar Center, Brennan
Room
Ronald J. Battaglia, Jr.
Professional Ethics Committee
12:15 p.m. - Bar Center, Brennan
Room
Thomas S. Wiswall, Chair
Office closed for Labor Day Holiday
Veterans’ & Service Members’ Legal
Issues Committee
12:15 p.m. - Jennifer P. Stergion,
Chair
TUESDAY 9
TUESDAY 2
Matrimonial & Family Law
Committee
12:15 p.m. - 25 Delaware, 5th Floor
Catherine E. Nagel, Chair
THURSDAY 3
Legal Nurse Consultants Committee
12:15 p.m. - Cynthia E.
Wojciechowski, Chair
Negligence Committee
12:15 p.m. - Adelbert Moot CLE
Center
William A. Gersten, Chair
Board of Directors
8:00 a.m. - Giles P. Manias, President
MONDAY 22
Alternative Dispute Resolution
Committee
12:15 p.m. - Patricia H. Potts, Chair
TUESDAY 23
Board of Directors
8:00 a.m. - Giles P. Manias, President
Practice & Procedure in Justice Courts
Committee
12:15 p.m. - Jeffrey F. Voelkl, Chair
Unlawful Practice Committee
12:15 p.m. - Bar Center, Brennan
Room
Patricia L. Fulwiler, Chair
FRIDAY 4
THURSDAY 11
WEDNESDAY 17
Elder Law Committee
12:15 p.m. - Adelbert Moot CLE
Center
Charles Beinhauer, Chair
Commercial & Bankruptcy Law
Committee
12:15 p.m. - Adelbert Moot CLE
Center
Beth Ann Bivona, Chair
Criminal Law Committee
12:15 p.m. - Rodney Personius, Chair
Erie County Bar Foundation
8:00 a.m. - T. Alan Brown, President
THURSDAY 25
International Law Committee
12:15 p.m. - Bar Center, Brennan
Room
Marc D. Hess, Chair
Appellate Practice Committee
12:15 p.m. - Marilyn Hochfield, Chair
Practice and Procedure in Surrogate’s
Court Committee
12:15 p.m. - Bar Center, 12th Floor
Catherine T. Wettlaufer, Chair
Intellectual Property, Computer &
Entertainment Law Committee
12:15 p.m. - Bar Center, Brennan
Room
Ellen Swartz Simpson, Chair
Municipal & School Law Committee
12:15 p.m. - Herbert J. Glose, Chair
October Bulletin Deadline
MONDAY 8
FRIDAY 12
Federal Practice Committee
12:15 p.m. - Anna Marie Richmond,
Chair
Committee for the Disabled
12:00 p.m. - Janet L. Bensman, Chair
Environmental Law Committee
12:15 p.m. - R. Hugh Stephens, Chair
www.eriebar.org
Human Rights Committee
12:15 p.m. - Bar Center, Brennan
Room
Alan J. Bozer, Chair