The Suffolk Lawyer - January 2008

DEDICATED TO LEGAL EXCELLENCE SINCE 1908 Vol. 24 No.2January 2008website: www.scba.org

Marking OurCentennial_____________________By Barry M. Smolowitz

With this edition of The SuffolkLawyer, the Suffolk County BarAssociation enters a new era on several levels. On January 6,1908, a handful of Suffolk County lawyers met in Riverhead andsigned the original Certificate of Incorporation forming TheSuffolk County Bar Association. Most notably Joseph M.Belford, Joseph Wood, Nathan O. Petty, George F. Stackpole,George H. Furman, Ralph J. Hawkins, Percy L. Housel, RobertW. Duvall and Joseph T. Losee were the original signatories tothe document. The Directors pending the first annual meetingwas the Honorable Walter H. Jaycox, the Honorable TimothyM. Griffing, and the Honorable Joseph H. Belford. It has been agreat beginning, and now as we embark on our second century Iam confident that the SCBA will continue to remain true to itsoriginal mission statement of maintaining the honor and dignityof the profession of law and aiding in the administration of jus-tice. Please remember, that it is only through the continued hardwork and dedication of you our volunteer members, and ourwonderful staff, that the future perpetuity of our organizationwill be realized.

In honor of the commencement of our Centennial, you willnote that The Suffolk Lawyer has a new look and feel. We have

(Continued on Page 19)

SCBA Celebrates100 Years of Progress_________________

By Martha Rogers

“To cultivate the science of jurispru-dence, promote reforms in the law, facili-tate the administration of justice, elevatethe standard of integrity, honor and cour-tesy in the legal profession and cherishthe spirit of brotherhood and sisterhoodamong the members of our Association.”

With these powerful words, the SuffolkCounty Bar Association was founded in1908. In the 100 years to follow, thenoble principles set forth in the originalSCBA charter have guided today’s vitaland flourishing organization. As our gen-eration of practitioners recognizes theSCBA centennial, we proudly celebratethe accomplishments of the past 100years.

The SCBA of 1908 was quite differ-ence from the SCBA of 2008. The origi-nal leadership consisted of three direc-tors, the Honorable Walter H. Jaycox, theHonorable Timothy M. Griffing and theHonorable Joseph M Belford, and therewere only a handful of members. Sinceits formation in 1908, the SCBA hasgrown to a diverse organization ofapproximately 4,000 members both menand women who hail from many differ-ent ethnic, cultural and geographicalbackgrounds. SCBA representatives ofboth the past and present still share thesame dedication to jurisprudence, justiceand integrity.

In 1908, Theodore Roosevelt was U.S.President, the Chief Justice of the U.S.Supreme Court was Melville WestonFuller, fashion styles included tall, stiffcollars for men and S-shaped “healthcorsets” for women, Typhoid Mary wasquarantined, the Converse sneaker wentinto production and the Model T was abrand new invention. In Suffolk County,the population was close to 96,000 peo-ple. Magnificent estates lined shorelineareas and the newly opened VanderbiltMotor Parkway was privately patrolled toenforce the 40 mile per hour speed limit.The county seat was in Riverhead, wherethe Suffolk County Courthouse featured asingle courtroom. Cases heard by theCounty Court at the turn of the centuryincluded actions in real property, criminaltrials and the occasional case of horsetheft. The County Jail was attached to theGriffing Avenue courthouse and housedboth criminal prisoners as well as debtors.Up until 1854, the jail was also the site ofexecutions where a gallows was erectedoutside of the jail for each hanging.Historical records show that executionexpenses incurred by the Sheriff’s Officeincluded money for rope, rum and a cart.

How times have changed! The 1855courthouse on Griffing Avenue came witha construction price tag of $17,500. Thepresent Griffing Avenue structure featuresa $34.5 million addition, including inte-

PRESIDENT’S MESSAGEBeing a part of something importantCharity Foundation needs support ................2

Photos from the past SCBA memories..............................................3The disappearance of John BuonoraAfter losing so much weight, ex-pres sayshe’s going to eat cake ....................................4

Our Hispanic ClientsLegal issues effecting the Hispanic population .......................................5

Four-year court battle ends in successDuke goes home at last ..................................4

Judicial Swearing In and Robing 2008Three new judges and two re-electedare sworn in ............................................13-15

Freeze FrameHappenings among our members ................14

Book ReviewSidney Joseph Perelman was one of a kind.................................................16

Hot picksRust never sleeps ..........................................16______________________________________Legal Articles

American Perspectives (Op Ed)...................18Consumer Bankruptcy....................................7Court Notes ....................................................8DWI/DMV ...................................................11HIPAA............................................................9Pro Bono ......................................................17Second Circuit Briefs ...................................10Trusts and Estates ........................................12______________________________________Academy News ............................................22Among Us ......................................................6Calendar: Academy......................................28Calendar SCBA..............................................2

INSIDE…

Barry M. Smolowitz

Contract signing for permanent SCBA headquarters - 1993

Swearing in of the Executive Committee in Joshua Pruzansky’s administration – 1985

SUFFOLK LAWYERTH

E

A PUBLICATION OF THE SUFFOLK COUNTY BAR ASSOCIATION

Donate BloodThursday, March 20 from 1 to 6:30 p.m.

SCBA is hosting a blood donor drive in the GreatHall of the bar center. Long Island Blood Servicesdesperately needs donors to help alleviate LongIsland’s critical shortage of blood. Please comedown to donate blood. For further information,call the bar at (631) 234-5511

Time Capsule CeremonySaturday, May 3

Come by and be a part of history when membersplace items in a time capsule to mark SCBA’scentennial year. The event will be held on theGreat Lawn at the bar center. Please contact JaneLaCova with any suggestions by e-mail [email protected].

____________________________________________________

Stay in touch at www.scba.org

BAR BRIEFS

(Continued on page 19)

THE SUFFOLK LAWYER — JANUARY 20082

SCBA

OF MEETINGS AND EVENTS

All meetings are held at the Suffolk County Bar Association Bar Center,unless otherwise specified. Please be aware

that dates, times and locations may be changedbecause of conditions beyond our control.

For any questions call: 234-5511.

FEBRUARY 20084 Monday Installation/Journal Committee, 5:30 p.m., Board Room.5 Tuesday Council of Committee Chairs, 5:30 p.m., Great Hall.6 Wednesday Professional Ethics & Civility Committee, 6:00 p.m.,

Board Room.7 Thursday Insurance & Negligence - Plaintiff’s Council Committee ,

5:30 p.m., Board Room11 Monday Executive Committee, 12:00 noon, Board Room.

Commercial & Corporate Law Committee, 5:30 p.m., Board Room.

13 Wednesday Animal Law Committee, 6:30 p.m., Board Room.Immigration Committee, 6:30 p.m.,E.B.T. Room.

19 Tuesday Education Law Committee, 12:30 p.m., Board Room.20 Wednesday Elder Law Committee, 12:15 p.m., Great Hall21 Thursday Appellate Practice Committee, 6:30 p.m., Board Room.25 Monday Board of Directors, 5:30 p.m., Board Room.27 Wednesday New Members Committee, 5:30 p.m., E.B.T. Room.

Insurance & Negligence - Defense Council, 6:00 p.m., Board Room.

MARCH 20085 Wednesday Professional Ethics & Civility Committee, 6:00 p.m.,

Board Room.11 Tuesday Executive Committee, 12:00 noon, Board Room.

Commercial & Corporate Law Committee, 5:30 p.m., E.B.T. Room.Judicial Screening Committee, 5:00 p.m., Board Room.

12 Wednesday Elder Law Committee, 12:15 p.m., Great Hall.Immigration Committee, 6:30 p.m., E.B.T. Room.

18 Tuesday Education Law Committee, 12:30 p.m., Board Room.19 Wednesday Solo & Small Firm Practitioners Committee, 4:00 p.m.,

Board Room.20 Thursday SCBA’s Blood Donor Drive, 1:00 p.m. to 6:30 p.m. Call Bar

Center to sign up to donate your blood.Appellate Practice Committee, 6:30 p.m., Board Room.

24 Monday Board of Directors, 5:30 p.m., Board Room.26 Wednesday Insurance & Negligence - Defense Council Committee,

6:00 p.m., Board Room.

Calendar

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

Barry M. Smolowitz PresidentJames R. Winkler President ElectIlene S. Cooper First Vice PresidentSheryl L. Randazzo Second Vice PresidentMatthew E. Pachman TreasurerArthur E. Shulman SecretaryJustin M. Block Director (2008)Neil M. Block Director (2008)Jonathan C. Juliano Director (2008)John B. Zollo Director (2008)Patricia M. Meisenheimer Director (2009)Ted M. Rosenberg Director (2009)Richard L. Stern Director (2009)Richard Alan Weinblatt Director (2009)Lynne M. Gordon Director (2010)Maureen T. Liccione Director (2010)Hon. Peter H. Mayer Director (2010)Daniel J. Tambasco Director (2010)Scott M. Karson Past President Director (2008)Robert F. Quinlan Past President Director (2009)John L. Buonora Past President Director (2010)Sarah Jane La Cova Executive Director

Suffolk County Bar Association

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

E-MAIL: [email protected]

Board of Directors 2007-2008

SCBA Charity Foundation

SUFFOLK LAWYERLAURA LANEEditor-in-Chief

DOROTHY PAINECEPARANOAcademy News

Eugene D. BermanJohn L. BuonoraDennis R. ChaseIlene S. CooperJustin Giordano

David A. MansfieldCraig D. RobinsJames M. Wicks

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

TH

E

PublisherLong Islander Newspapers

in conjunction with The Suffolk County Bar Association

The Suffolk Lawyer is published monthly, except for the months ofJuly and August, by The Long Islander Newspapers under the auspicesof The Suffolk County Bar Association.© The Suffolk County BarAssociation, 2007-2008. Material in this publication may not be storedor reproduced in any form without the express written permission ofThe Suffolk County Bar Association. Advertising offices are located atThe Long Islander, LLC, 149 Main Street, Huntington, NY 11743,631-427-7000.

Send letters and editorial copy to: The Suffolk Lawyer

560 Wheeler Road, Hauppauge, NY 11788-4357Fax: 631-234-5899

Website: www.scba.org E.Mail: [email protected]

or [email protected]

__________________By Joseph A. Hanshe

This is the end of the first year of theSCBACF. The Foundation began with$100,000 and gained a little over $3,000in interest, with no donations to the fund.The primary reason for the less than ade-quate return on capital is its late entry intothe investment arena. The BarAssociation’s Broker at OppenheimerFinancial Services is now managing thecorpus of the funds. The investment port-folio is made up of low risk municipalbonds that can be liquidated as needed onshort notice. The purpose of this article is

to outline the goals of the foundation andhow we hope to achieve these goals.

We all have seen, and no doubt have feltoffended at the lawyer jokes, and abrasiveattitudes of the public towards lawyers.How many have heard, “you’re a niceguy, but I hope I never see you again!”after assisting a client with a legal matter?I recently saw hanging on the wall of a

lawyer’s office a picture depicting a plain-tiff pulling the head of a cow in one direc-tion, and the defendant pulling on the tailof the cow in the opposite direction andthe “lawyer” sitting next to the cow “milk-


We wish to Acknowledge those who contributed to the SCBA Charity Foundation

DONORS PURPOSE

Lorraine Gallagher In Memory of Joseph Gallagher

Joseph A. Hanshe In Honor of the Memory of Lt. Michael P. Murphy, USNand his family, Medal of Honor recipient

Joseph A. Hanshe On the retirement of the Hon. Joseph DeMaro, JSCNassau County, a great jurist and inspiration

Photo credit: SCB

A

William M. Kunstler lectures – 1987

Past SCBA President Edward V.Esteve and Sidney Siben

Sidney Siben’s 90th birthday

Rudy Guliani, RobertFolks and Barry Warren

– 1988

A performance by the Scales of Justice SCBA retreat – 1981

Tom Spellman at the art auction – late 1980’s

Vincent Hand presents an award to Lawrence Kennedy – 1981

Barry Warren – 1980

Judge Sol Wachtler – 1972

Craig Purcell and Vincent Malto – 1985

THE SUFFOLK LAWYER — JANUARY 2008 3

SCBA Highlights From the Past

Judge John P. Cohalan and John Bracken – 1984


____________________By John L. Buonora

I recently read a newspaper article stat-ing that something like 52 percent of allNew Year’s resolutions involve peopleintending to lose weight. I think that mostof the other 48 percent declare an inten-tion to show up the first thing on themorning of January 2 at their localYMCA, Bally’s, Jenny Craig, Curves, orother gym or torture chamber of theirchoice to “get into shape.” I guess a hand-ful of others vow to give up smoking,demon rum, other minor vices or occa-sions of sin.

We all know that almost everyone failsin reaching their allegedly intended goals.I say allegedly first, because I’m a lawyer,and lawyers like to use that word (espe-cially if defending either a civil or crimi-nal case), and secondly we all know thatthese intentions tend not to be too power-ful or sincere. So I’ve come up with a bet-ter idea. I’m going to put on some weight.

Why Gain Weight?As a lot of you know (since I’ve told

everyone who hasn’t had the good senseto avoid me), I’ve lost a good deal ofweight lately, some 32 pounds to beexact. So what motivated me? A little bitof fear instilled in me by our family doc-tor and maybe a great deal of vanity. Thevanity part comes from having received apictorial history of my year as presidentof our Association, compliments of ArtSchulman. My not insubstantial stomachseemed to dominate every picture. I want-ed a do-over, asking Art if he could“Photo Shop” the pictures to make meappear a leaner and not necessarily mean-er president. Art would not compromise

his artistic integrity, refusing to alter thehistoric record. I don’t want to unneces-sarily punish you, so I’ve not included a“before” picture for this article.

As for the fear factor, my wife Toni hada recent health scare (Don’t worry. She’sfine). The doctor, (let’s call him Dr. BowTie, who is a terrific doctor notwithstand-ing his lack of GQ credentials in the hab-erdashery department), was compliment-ing Toni on how she takes care of herself.She never smoked, watches her weighteating the right kind of nutritious foods,doesn’t drink too much, goes to bed at areasonable hour getting plenty of rest,

exercises regularly and generally takesgood care of the one body that God gaveher for this lifetime. After Dr. Bow Tiefinished praising Toni for her healthfullifestyle he whirled on me (I thought in asomewhat accusatory manner), and said“This should have happened to you!”“You’re way overweight. You drink toomuch. Your blood sugar is too high. So isyour cholesterol and fats in your blood.You also have gout (supposedly a richman’s ailment).” He also threw in hyper-tension for good measure, just in case Ididn’t get the message. I told Dr. Bow Tiethat I had planned to go on a diet anyway.(I lied) I thought to myself, “I’ll showhim.” I asked him what he thought of theNutriSystem Plan. You know, the one yousee advertised on television all the timefeaturing all of these macho male formerprofessional athletes and coaches like Hallof Fame quarterback Dan Marino saying“I lost twenty pounds” or Coach DonShula saying “I lost thirty pounds” or for-mer 305 pound linebacker Mike Golicsaying “I lost fifty pounds.” Then youwould see these drop dead gorgeouswomen parading in bikinis or mini-skirtssaying “I lost twenty two pounds” or “Ilost forty pounds” or even “I lost 108pounds.” The commercials featured theusual before and after pictures. The com-mercials also featured, if you could call itthat, in very small print on the screen forabout one second the phrase “results arenot typical.” That would be enough to dis-courage someone who was not as stub-born or obsessive as this writer.

By now I’ve probably violated every partof the HPPA statute but you must remem-ber that I’m performing a valuable publicservice here (although I’m not sure what itis). I embarked on my somewhat dubious

march toward goodhealth this pastSeptember 9 rightafter receiving myfirst month’s food ina large box that wasso heavy that it hadto be dragged intothe house from thefront porch whereUPS had left it.After triaging breakfast, lunch, dinner,desserts and snacks into smaller boxes Iwas off and running eating microwavedmeals of miniscule proportions augmentedby salads, vegetables, fruits, eggs, tuna fishand the like together with drinking lots ofwater… yeah, lots of water! Fortunately,there’s a rest room within a few feet of myoffice… but I digress.

Over the course of the next twelveweeks I followed the plan religiously, eat-ing what I could only describe as nursinghome food. You know the pictures thatthey show you on television of thesebeautiful appetizing dishes? Well they lie.While the food is tasty, nutritious andbelieve it or not is filling, most of it lookslike mush. As the pounds began to meltaway people began to notice. “Are youlosing weight?” Then after a short pause,— “You’re not sick, are you?” Thisbecame more frequent as suits becamebaggier, collars became looser and cheek-bones became more prominent.

The Three Bears and MyGrandchildren

With the arrival of my second month’sfood came a surprise. A little red bearbearing the number “10” rewarding me for

My New Year’s Resolution?....... To Gain Some Weight

John L. Buonora

Duke returns home_________________By Amy L. Chaitoff

A dog’s four-year court battle for justiceis finally at an end thanks to the December11, 2007, order of the Appellate Division,Second Department. “Duke,” a six-year-old American Bull Terrier has been on thedog equivalent of death row at the IslipTown Shelter for an incredible four longyears.

Duke was sentenced to death by an orderentered by the Hon. Madeline A.Fitzgibbon, J., ordering that Duke be killedpursuant to Agriculture and Markets LawSection §121, commonly known as NewYork’s Dangerous Dog Law. Duke’s own-ers alleged it was a case of mistaken iden-tity that led to a dangerous dog complaintfiled by a neighbor who alleged Dukeinjured his bulldog in 2003. Duke’s attor-ney, animal welfare attorney, Amy L.Chaitoff of Chaitoff Law in Smithtown,claimed that this was not only a case ofmisidentification, but legally, Duke’s orderof destruction was based on a misapplica-tion of New York State’s Dangerous DogLaw Sections §121 and §108, in effect atthe time of the alleged incidents, whichspecifically excluded dog on dog attacks.The law was amended in December 2004.

Although it was never alleged that Dukeever threatened a human being, a neighbor,Dominick Motta (who had several run-inswith animal control including a dangerousdog complaint filed against him), allegedthat two dogs fitting the description of theMenendez’s dogs entered his property. Heclaimed one of them attacked his dog on

two separate occasions while the other dogjust stood by. He also alleged that a “browndog” chased his horse. On two of thealleged incidents, the complainant wasunable to identify the alleged aggressor.

Knowing Duke’s innocence, theMenendez family immediately appealed tothe Appellate Term but they affirmed thelower court’s decision.

The Menendez’s retained Ms. Chaitoffwhose firm focuses on animal rights andrelated matters. Ms. Chaitoff filed twomotions to reargue, arguing not only thatthis was a case of mistaken identity andthat the Menendez’s first “hearing” wasnever tried on its merits, but also that thelaw at the time of the alleged incidentsexcluded dog on dog attacks, and thusDuke’s harsh sentence was extreme andunjust.

Ms. Chaitoff argued that, the February 3,2004, hearing which resulted in theFebruary 10, 2004, order to kill Duke wasbased on an alleged “dog on dog” alterca-tion. Dog on dog altercations were specifi-cally excluded from Agriculture andMarkets Law Section §121 at the time ofthe alleged incident. See, AgricultureMarkets Law Section §121, EffectiveNovember 1, 2003, to December 14, 2004.At that time, the law only addressed attackson people and domestic animals.Furthermore, in 2003 during the time of thealleged incidents, New York Agricultureand Markets Law Section §108 (7), specifi-cally excluded dogs and other companionanimals from the definition of a domesticanimal. See, Agriculture and Markets LawSection §108 (7), Effective from August 5,2003 to December 14, 2004. And therefore,

since the acts Duke was allegedly accusedof committing was specifically excludedfrom the definition of a dangerous dogunder Agriculture and Markets Law Section§108 (24), effective August 05, 2003 toDecember 14, 2004, and the definition of adomestic animal as defined by the statutedid not include pet dogs or companion ani-mals, Duke cannot be found to be a danger-ous dog within the meaning or intent of thestatute at the time of the alleged incidents.

The 2003 version of the dangerous doglaw only covered attacks on people or anattack on a service dog, guide dog or hear-ing dog. The legislature having the opportu-nity to include companion animals or othertypes of dogs under the protection ofSection §108, instead, specifically excludedthem at that point in time. Moreover, New

York case law at the time of the allegedincidents repeatedly held that dogs werespecifically excluded from the definition ofa domestic animal under Agriculture andMarkets Law Section §108 and thus §121.The Appellate Term in People v. Noga, 168Misc.2d 131, 645 N.Y.S.2d 268 (App.Term; 2d Dept. 1996) held that “Section121 of the Agriculture and Markets Lawstates that a dog is dangerous if it, inter alia,attacks a person or a domestic animal. Forpurposes of this statute, a dog is not consid-ered a domestic animal.” People v. Noga,168 Misc.2d 131, 645 N.Y.S.2d 268 (App.Term; 2d Dept. 1996).

The Appellate Term again affirmed theFirst District Court’s decision and orderthrough an order of the Appellate Termdated January 31, 2007, by the Hon.Kenneth W. Rudolph, P.J.— Duke was run-ning out of options. The Menendez’s werepraying for a miracle to save their belovedfamily member. Ms. Chaitoff then appealedto the Appellate Division, SecondDepartment. Luckily, for Duke, the Hon.Robert A. Lifson, of the Appellate Division,Second Department, granted Duke’srequest for a temporary stay of execution inApril and Duke’s case submitted before theAppellate Division panel of Judges toreview Duke’s exceptional case. TheAppellate Division, Second Departmentgranted Duke’s appeal and gave Duke andhis family their first glimpse of hope in overfour years.

On December 11, 2007, the four Judgepanel at the Appellate Division, SecondDepartment located in Brooklyn, NY, pre-siding Justices; Hon. Robert W. Schmidt,

Justice Delayed, Better Than Justice Denied

Amy L. Chaitoff and Duke



Leaner, meaner John Buonora.


________________By Luis A. Pagan

This is the third part of a three partseries.

Latin American law enforcement ingeneral, tends to be more lenient towardsdrunk drivers than we are here. So, whenthey get to the United State, they don’tunderstand the seriousness that we attachto this offence. In many Latin Americancultures, drinking is so much a part of themale culture and macho image; the moreyou drink, the more of a man you are.Obviously, a warped logic, but this is areality in many Latin American cultures.

Another cultural aspect that presents amajor legal problem here in America is afairly common practice among LatinAmerican countries where very younggirls (between the ages of 13 to 15), getmarried. And if not married, they live withtheir common law husbands. There is noissue as to consent in sex, and statutoryrape charges are not enforced or pursuedas they are in America. It is a fact thatmany Hispanics, whether male or female,have a difficult time understanding why a15- year-old girl is unable to get marriedto her 21- year- old boyfriend.

The concept of what it is to be respect-ful is another cultural difference that pre-sents a problem in the legal process, espe-cially at trial. In most Latin Americancountries, looking straight into the eyes ofan authority figure is a sign of a chal-lenge, and disrespect. In America, if you

don’t face people and lookthem straight in the eye, theythink you are lying.

So the Hispanic witness, try-ing to do what they perceive asthe right thing, will talk to thejudge and jury while lookingaway. Unfortunately, thosewho are not familiar with thiscultural characteristic will believe that thewitness is lying.

You must, therefore, be very carefulwith your Hispanic clients or witness(es)and explain to them how Americans willperceive them, and request that they lookat the judge and jury when testifying.

Then there is the issue of gangs. One ofthe major concerns in our communities isthat of gang affiliations, and the conse-quent problems arising. I don’t think thatgangs are the major source of crime inSuffolk. The reality however, is that gangsare here and we have to figure out a way todissolve them. Some youngsters, especial-ly from Central America and Mexico,grow up in very gang-ridden violent neigh-borhoods and they have unnecessarilytransferred this lifestyle here to America.

Social scientist will tell you that gangsare formed when groups of individualsfeel disenfranchised, believe they aren’twelcome, or that they don’t belong.Remember “Westside Story,” and MartinScorcese’s “Gangs of New York?” Gangshave been around for a long time and willbe around until we figure out a way to

make youngsters feel that theybelong, that they are impor-tant, and that they are wel-come. Only then will we see adecline in the perniciousgrowth of gangs.

Because of cultural differ-ences, many Hispanics do notunderstand our society and itsinstitutions. They don’tunderstand how our legal and

judicial system works, or how our gov-ernment agencies operate; they do notknow the laws that protect them, or howthings are done in our country. Having tofill out a regular school or governmentform can be a daunting experience, ananguishing, and almost impossible taskfor many of them.

Sadly, they are regularly taken advan-tage of by unscrupulous real-estate bro-kers, mortgage brokers, car salesmen,insurance brokers, and employers whomake them work with promises of a decentpaycheck at the end of the week. Then atthe end of the week, they kick the workersout of a job site like curds sending them offwithout their hard-earned dollars.

There are individuals on Long Island,and in particular a person who lives in theHamptons, who have practically rebuilttheir home by using slave workers. Theemployer in the Hamptons has had work-ers complete projects on the house, andthen when the workers request the rest oftheir pay, tell them that because they lacka contractor’s license they won’t be paid.They don’t ask to see a contractor’s

license before the work is done, but waituntil the job is complete to request thelicense.

The workers, of course, have filedclaims against this employer, but thecourt, like so many other courts inSuffolk, has upheld the defense. Since theworkers don’t have a license as contrac-tors, the court reasons that they violatedthe law and, as such, do not have a rightto be paid for their work. (What ever hap-pened to the principle in equity of unjustenrichment?)

In this example, the law is being usedas a means to take advantage of the leasteducated among us for purposes ofexploitation.

Regardless of your personal positionregarding undocumented immigrants,these are all shameless acts.

Poverty has its own consequences in theHispanic community. Due to poverty, andthe fact that there is not enough private, orgovernment sponsored, rental housing forthe poor on Long Island, there are houseswith a number of residents far exceedingtheir legal occupation. In addition, somelandlords are fully aware of this housingshortage, and they double and triple theirprofits on rental property, and, in sodoing, expose their tenants to many dan-gerous living conditions.

Consequently, some Hispanics haveproblems with Town Code Inspectors.Some have been ordered to abandon theirhome because of dangerous conditions.You have a much greater chance of receiv-

Our Hispanic Clients

Luis A. Pagan

Cultural differences create legal problems


Original Firm Founded 1913

DAVIDOW, DAVIDOW, SIEGEL & STERN, LLP

Long Island’s Elder Law, Special Needs, Business

and Estate Planning Firm.

www.davidowlaw.com

Nassau Office666 Old Country Road, Suite 810

Garden City, NY 11530Tel (516)393-0222 Fax (516)228-6672

Main OfficeOne Suffolk Square, Suite 3301601 Veterans Memorial Hwy.

Islandia, NY 11749Tel (631)234-3030 Fax (631)234-3140

East End Office13105 Main Road, P.O. Box 344

Mattituck, NY 11952Tel (631)298-9600 Fax (631)761-0370

Thanks to the passage of the DeficitReduction Act of 2005, planning and

applying for Medicaid is more challengingthan ever before and filled with uncertainty.Every Medicaid case is now complex andrequires the knowledge and experience associated with a firm that lives and breathesElder Law. That firm is Davidow, Davidow, Siegel & Stern.

The attorneys at our firm can provide yourclients with accurate, up-to-the-minute information needed to make the right decisions... decisions that could protect everything they've worked their whole lives to acquire.

Sometimes the best thing you cangive your client is the name of

another attorney.

Still handlingMedicaid cases

yourself?

Please be seated.

The best adviceleads to lasting

solutions...™


On the Move…Virginia Medici Wylly has joined

Lamb & Barnosky, LLP as counsel to thefirm. With 17 years work experience withthe U.S. Small Business Administration,Ms. Wylly will be an excellent addition toLamb & Barnosky. Her expertise willenhance the banking and real estate prac-tices in the company.

Lamb & Barnosky LLC, is proud toannounce the arrival of Victor A.Adefuye as an associate of the firm.

The Law Offices of David A. Gabayhave relocated to 4250 Veterans Highway,Suite 3040, Holbrook, N. Y. 11741. Thecontact numbers are: phone at (631) 467-4177 and fax at (631) 467-4178.

Ernest R. Wruck and Bruce T.Wallace are merging their law practicesand will specialize in the areas of Wills,Trusts, Estates and Real Estate. They canbe contacted at 38 Church Street,Patchogue and by calling (631) 475-3100.

Brandi P. Klineberg and JoshuaSummers have joined Moritt HockHamroff & Horowitz LLP as associates.Ms. Klineberg joins the firm’sBankruptcy and Commercial Litigationpractice areas and Mr. Summers joinsthe firm’s Commercial Litigation prac-tice area.

Richard F. Artura has moved hisoffice to 165 South Wellwood Avenue,Lindenhurst, N. Y. He can be reached at(631) 226-2100, fax at (631) 226-2160.

Karen A. Casey has relocated heroffice to 780 New York Avenue,Huntington, Suite 2, Huntington, N. Y.

11743. She can be reached byphone at (631) 470-7407, fax at(631) 470-7414. Richard P.Casey, Esq. is of counsel.

Diane P. Whitfield, Claudia P.Lovas and Sara Wells havejoined L’Abbate, Balkan, Colavita& Contini, L.L.P. in Garden Cityas associates. Ms. Whitfield hasjoined the accounting and legalmalpractice defense groups, Ms.Lovas employment law, and Ms.Wells the architects and engineers defensegroup.

Alison Arden, daughter of SCBA PastPresident Harvey Besunder, has become apartner at Arent Fox where she’ll special-ize in the trademark and intellectual prop-erty area.

Anthony Rivizzigno, has joinedGilberti Stinziano Heintz & Smith, P.C.in Syracuse as a partner.

Congratulations…To SCBA past president Harvey

Besunder and his wife Arline Besunderon the birth of their granddaughter EmmaJaye Arden, born December 21, at 7 lbs.,9 oz.

Congratulations and best wishes to theformer president of the Queens CountyBar Seymour James upon being electedto the New York State Bar Association asTreasurer.

Congratulations to Ryan Michael, sonof SCBA member Jacqueline M.Skubik for achieving the coveted rankof Eagle Scott. Ryan is a member of

Troop 43, Sagtikos District,and is a sophomore at St.Anthony’s High School inSouth Huntington, NY.

Congratulations to Rayand Bridget Senenfelder,who is SCBA staffer MaryShannon’s daughter, on thebirth of their baby Mel,born Jan. 23 at 7 lbs., 8 ozs.

In Appreciation…To the anonymous donor who not only

ordered and had erected our beautiful flagpole, but continues to purchase a new flagfor us every year. You know who you areand you are a great American.

Announcements,Achievements, &Accolades…

Warren G. Clark has been appointedas the Chief Clerk of the Suffolk CountyDistrict Court.

SCBA member Steve Levy has beeninaugurated for a second four-year termas the Suffolk County Executive.

Former Acting Supreme Court JudgeMichael F. Mullen will serve as counselto Lamb & Barnosky as well as act as anadjunct professor of law at the Jacob D.Fuschsberg Law Center of Touro Collegein Central Islip.

Stephen L. Ukeiley, a partner in theLitigation Practice Group at GardenCity-based Jaspan SchlesingerHoffman, LLP and a volunteer for theAcademy of Law’s Continuing LegalEducation Committee, is a 2008 recipi-ent of the 40 Under 40 Awards present-ed by the Long Island Business Newshonoring outstanding members of thebusiness community on LongIsland under the age of 40. Mr. Ukeiley,who has authored numerous legal arti-cles, also hosts a political pod cast, is anan adjunct professor at the New YorkInstitute of Technology, and a Court-appointed Arbitrator for the NassauCounty District Court.

Speedy recovery…Wishing a speedy recovery to Gloria

Sherwyn, the mother of First VicePresident Ilene Sherwyn Cooper.

Wishing a speedy recovery to RichardBronstein who underwent surgery.

Wishing a speedy recovery to JoleenKarson following her surgery.

Condolences…To SCBA President Barry M.

Smolowitz upon the passing of his cousinCorinne Belkin.

SCBA Director Neil M. Block uponthe recent death of his grandmother ZeldaKaufman (mother of Estelle Block andmother-in-law of U.S. District CourtSenior Judge Fred Block).

SIDNEY SIBEN’S AMONG US

Jacqueline M. Siben

IRS and New York StateTax Controversies

LAURIE B. KAZENOFF, J.D., LL.M.(Taxation)Tax Attorney

Master of Laws in TaxationFormer Senior Tax Attorney, Office of IRS Chief Counsel,Brooklyn District Counsel 1988 to 1995Former Estate & Gift Tax Attorney, IRS Examination Division1987 to 1988Over 22 years of experience

Representing Taxpayers & Consultant to Attorneys and Accountants since 1995 in:

IRS and New York State Tax Division Examinations, Appeals,Audits (individual, corporate, partnership issues)IRS and New York State Collection actions IRS and New York State Tax NoticesIRS and NYS Liens, Levies, Collection Due Process andEquivalency Hearings, Certificates of Discharge of LiensOffers in Compromise, Installment AgreementsUS Tax Court litigation, 90-day Statutory Notices ofDeficiencyEstate & Gift Tax ExaminationsPension Plan Examinations, Plan Qualification issuesERISA investigations by Department of Labor and IRS re:Pension Plan compliance, Workmen’s Comp

775 Park Avenue, Suite 255Huntington, New York 11743

Tel. (631) 271-2051Fax (631) [email protected]

More work than you can get to?

Not enough hours in the day?

Let me help you increase your profitsand get that work off your desk.

Call today for top-quality research, writing, & litigation support.

1134 Lake Shore Drive, Massapequa Park, NY 11762 www.blasielaw.com

GAIL M. BLASIE, ESQ.Licensed in NY and CA

(516) 457-9169

CHRIS MCDONOUGH

THE Law Of f ice OF

•Served as Assistant Counsel to the Appellate Division Grievance

Committee for the Tenth Judicial District for 13 years.

•Practice concentrated on all matters related to the practice

of law.

•Adjunct Professor of Professional Responsibility.

•Noted author and CLE instructor on practice management and

professional ethics.

•Executive Committee member for the Nassau County Bar

Association Committee on Professional Ethics.

•Offices in Suffolk, Nassau and Manhattan.

Main office

115 Broadhollow Road

Suite 250

Melville, New York 11747

DISCIPLINARY MATTERS • ETHICS OPINIONS

631- 673 - 6670

www.newyorkethicslawyer.com


CONSUMER BANKRUPTCY

_________________

By Craig D. Robins

Part II: Chapter 7 and Other Issues

Last month I discussed topics addressed at arecent Suffolk County Bar Association seminarabout consumer bankruptcy practice under thenew laws, which just marked their secondanniversary. In that column, I primarilyfocused on Chapter 13 issues. This month I willhighlight issues involving matrimonial settle-ments, reaffirmation agreements, convertedcases, the new U.S. Trustee initiative againstattorneys, and other matters.

More Difficult for Trustees to VoidMatrimonial Settlements

Trustees are always investigating situationswhere a husband transfers his interest in themarital home to the wife as part of a matrimo-nial settlement, which is approved by the mat-rimonial court. The husband then files forChapter 7 bankruptcy relief and the issuebecomes whether the transfer is a fraudulenttransfer that the trustee can set aside. Most ofthe panelists acknowledged having severalcases involving this issue.

Chapter 7 trustee Robert Pryor provided adetailed discussion of the Bledsoe case, 350B.R. 513 (Bankr. D.Or. 2006) which held thata trustee has very limited rights to attack sucha transfer absent actual fraud. Mr. Pryor con-cluded that this case, if adopted in this juris-diction, would make it very difficult fortrustees to attack matrimonial transfers thatare approved by the state court.

Re-Affirmation Agreements Prior to the Act, the law in this jurisdiction

for the past decade was that a debtor did nothave to reaffirm a secured debt. Mr. Pryor dis-cussed the relatively new Oregon case of In reBower, which held that a reaffirmation agree-ment entered into within 45 days of filing wasvalid, even though the agreement was notapproved by the court within that time period.

Means Test Deduction for MortgageInterest Expense

Mr. Pryor discussed the U.S. Trustee’s newposition that if the debtor is not paying themortgage at the time a Chapter 7 means test isexecuted, then the debtor does not have theright to claim this expense as a deduction.This led to a heated panel discussion as towhether the U.S. Trustee’s position is reason-able in light of the wording of the statute. Mr.Pryor concluded that even though there is nocase law in this jurisdiction yet, and contraryto the position of the U.S. Trustee, the bulk ofcases, which have addressed this issue, permitthe debtor to include the contractual mortgagepayment the debtor is required to make.

The Means Test Does Not Apply inConverted Cases

There was another heated discussion as to apossible loophole in the new laws, whichcould enable a debtor to bypass the meanstest. Bankruptcy practitioner Sal LaMonicasuggested that if a debtor initially files aChapter 13 petition, which is then convertedto one under Chapter 7, then the debtor is notobligated to file a new means test. He statedthat there are three cases nationwide provid-ing authority for this. Mr. LaMonica dis-cussed the possibility as to whether a debtorcould plan this approach in advance, to whichChapter 13 trustee Michael Macco replied thatdoing so would be considered bad faith.

Cases Interpreting the New Laws After going through a lag period of well

over a year since the new laws went intoeffect, we are finally seeing a number ofappellate cases interpreting the Act. Now weare finally able to understand what the law is.It appears that the courts are seeking to mini-

mize the draconianimpact that theselaws have had.

Increased Pressureon Debtor’sAttorneys

Mr. LaMonica,who recently attend-ed the NationalConference ofBankruptcy Judges,reported that one ofthe hottest topics was that the U.S. Trustee’sfocus would be shifting from debtors todebtors’ attorneys. Apparently, Congress hadcriticized the U.S. Trustee for becoming tooaggressive in enforcing its Civil EnforcementInitiative. I wrote about this extensively a fewyears ago. The Initiative was the U.S.Trustee’s effort to weed out abusive cases.

It seems that the new emphasis will now beto go after attorneys who don’t adhere to thenumerous obligations imposed on them by thenew laws. Attorneys have an affirmative duty toinvestigate all of the information in the petition.The U.S. Trustee will bring applications seek-ing disgorgement of attorney’s fees for failureof debtor’s counsel to exercise their due dili-gence. Be careful to avoid falling into the trapwhere the U.S. Trustee can point a finger at you.

New Laws May Conflict With Emergency Filings

Some panelists discussed whether the duediligence requirement which the 2005 Actimposes on bankruptcy counsel effectivelyprecludes attorneys from filing emergencypetitions because the attorney would not havesufficient time to investigate the facts. Mr.Macco said that attorneys have an absoluteobligation, prior to filing, to verify informa-tion provided by debtors, regardless of howmuch or little time counsel has. Chapter 7trustee Richard Stern commented that becauseof this, he no longer accepts emergency fil-ings. My personal feeling is that a debtor can-not be deprived of counsel merely because thedebtor needs to file under an emergency basis.As long as counsel acts reasonably under thecircumstances to investigate as much informa-tion as possible, I believe the attorney has methis initial burden under the 2005 Act. Theattorney however, would then have to verifyany additional information immediately afterfiling and make any necessary amendments.In addition, if the attorney learned that thenewly discovered information rendered aChapter 13 case unfeasible, then the attorneywould have the obligation to advise the court.

Legal FeesMr. Macco noted that for a period of over 20

years, up until the new laws went into effect,legal fees charged by consumer bankruptcypractitioners for typical consumer bankruptcycases did not change. Typical fees for Chapter7 cases during this period were between $750to $900, and about $1,500 for Chapter 13cases. He observed that after the new Act wentinto effect, the fees for Chapter 7 cases jumpedto $1,500 to $2,500, and the fees for Chapter13 cases were frequently $4,000. He indicatedthat he is not adverse to an attorney chargingChapter 13 fees greater than $4,000, but herequires debtor’s counsel to bring a fee appli-cation at the time of confirmation. Mr. Pryorcommented that he had no problem with coun-sel who charge a high fee, provided that theydo a good job. He noted that attorneys shouldbe paid for the work that they do.

Note: The author is a bankruptcy attorneywho has represented thousands of consumerand business clients during the past 20 years.He recently moved his office from Westbury toWoodbury (516) 496-0800. He can bereached at [email protected].

New Laws in Place Two Years

Craig D. Robins

Panel discusses current bankruptcy practice

More Than 40 Years Of Significant Experience In:CONDEMNATION, TAX CERTIORARI, ZONING,

LAND USE LITIGATION, COMMERCIALAND REAL PROPERTY LITIGATION

Flower, Medalie & Markowitz24 E. Main Street Suite 201

Bay Shore, NY 11706(631) 968-7600 Fax: (631) 665-4293


______________________By Ilene Sherwyn Cooper

Attorney Resignations

The following attorney, who is in goodstanding, with no complaints or chargespending against him, has voluntarilyresigned from the practice of law in theState of New York:

William P. Turley

An error in the December issue ofThe Suffolk Lawyer included WilliamTurley. He has not resigned from thepractice of law.

Attorney Reinstatements Granted

The application by the following attor-neys for reinstatement was granted:

Alan Zigman

Attorney ReinstatementsGranted/Grievance InvestigationInstituted:

Margaret A. Hurst: By decision andOrder of the Court, the respondent wassuspended from the practice of law on thegrounds of mental incapacity and theGrievance Committee was ordered tohold its pending investigation inabeyance. The respondent then moved forreinstatement, and the application washeld in abeyance pending respondent’sexamination by a medical expert arrangedby the Grievance Committee. Upon thefiling of that report, the Court vacated therespondent’s suspension, and directed theGrievance Committee to proceed with itsinvestigation of the respondent.

Attorneys Suspended:

Thomas A. Bruno: By decision andorder of the court, the GrievanceCommittee was authorized to institute adisciplinary proceeding against the respon-dent and the matter was referred to aSpecial Referee. The Referee sustained allthe charges against the respondent. Thecharges alleged, inter alia, that the respon-

dent providedinaccurate andevasive responsesto discoveryrequests and/orfailed to discloseinformation in con-nection with hisrepresentation of aclient in a matrimo-nial action. In deter-mining an appropri-ate measure of dis-cipline to impose, the court considered therespondent’s extensive prior disciplinaryhistory, including his indefinite suspensionby the First Department based upon hisincapacity to practice law due to a mentaldisability, his receipt of five Letters ofCaution for lack of diligence in completingmatters entrusted to him, and failing tocooperate with the Grievance Committee,and his receipt of three Letters ofAdmonition. Accordingly, under the totali-ty of the circumstances, the respondent wassuspended from the practice of law for aperiod of two years.

Attorneys Disbarred:

Michael Paul Henry: The GrievanceCommittee moved to impose disciplineupon the respondent based upon discipli-nary action taken against him by theSupreme Judicial Court for SuffolkCounty of the Commonwealth ofMassachusetts. The record revealed thatthe Commonwealth suspended the respon-dent from the practice of law for an indef-inite period based upon his stipulation inwhich the respondent admitted the truth ofthe allegations of the petition; to wit, useof escrow funds for personal or businesspurposes, and commingling personal andtrust funds. Accordingly, in view ofrespondent’s admissions, he was disbarredfrom the practice of law in the State ofNew York based upon his agreed-uponsuspension for an indefinite period inMassachusetts.

Note: The author is a partner with thelaw firm of Farrell Fritz, P.C. where sheconcentrates in the field of trusts andestates. In addition, she is First Vice-President of the Suffolk County BarAssociation and a member of theAdvisory Committee of the SuffolkAcademy of Law.

Appellate DivisionSecond Division Second Department

COURT NOTES

Ilene S. Cooper

Case Assignments from Hon. Ralph T. Gazzillo, Supervising Judge of the Suffolk County County Court

Beginning January 2, 2008, therewill be a reassignment of a number ofcases according to the followingguidelines:

Justice Robert W. Doyle and JudgeC. Randall Hinrichs will be designat-ed as the “Protracted Trial Parts.”They will be assigned cases, whichare lengthy and complicated innature. Pre-disposition homicideswill be assigned to them (unless thepresently assigned judge anticipates aforthcoming resolution). Centralizinghomicides should facilitate the cases’progress, as the homicide prosecutorswill not be scattered throughout thecourthouse and responsible to multi-ple parts. Placing the cases andlawyers in fewer courtrooms will

facilitate trial scheduling. TheProtracted Trial Parts will continue toreceive some other, “regular” caseson a limited basis.

All Narcotics cases will be reas-signed to Judge Gazzillo.Centralizing narcotics cases shouldexpedite their progress. JudgeGazzillo will also continue the TAPpart.

Judge Barbara R. Kahn will contin-ue her assignment to all sex crimesand with a limited inventory of othercases.

The remaining judges will sharethe balance of the “regular” cases.Efforts are underway to try to giveeach of these parts some numericalparity in their caseloads.

[ Over 20 Years \

Providing Consultation to Attorneys

& the Courts on Psycho-legal Matters

• Criminal Cases: Competency Issues, Criminal

Responsibility, Extreme Emotional Disturbance, Risk

Assessment, Sex Offender Workups & Dispositional

Planning

• Matrimonial & Family Court Cases:

Custody/Visitation, Neglect/Abuse, Termination,

Delinquency, Family Violence, & Adoptions

• Civil Cases: Competency Issues, Head Trauma,

Sexual Harassment, Discrimination, Immigration,

& Post-Traumatic Stress Disorders

Comprehensive Diagnostic &Treatment Services

WWW.NYFORENSIC.COM

26 Court Street, Suite 912, Brooklyn, NY 11242718-237-2127

&

45 North Station Plaza, Suite 404, Great Neck, NY 11021516-504-0018

The New York Center forNeuropsychology

& Forensic Behavioral Science

Dr. N.G. Berrill, Director

___________________By James G. Fouassier

A recent decision from the New YorkCourt of Appeals addresses whether and towhat extent an adverse party’s treatingphysician privately may be interviewed byopposing counsel ‘informally’ when theadverse party has placed his or her medicalcondition in issue. In doing so the court har-monized several provisions of the PrivacyRule of the federal Health InsurancePortability and Accountability Act with pre-trial disclosure provisions in CPLR Article31 and 22 NYCRR 202.

In Arons v. Jutkowitz, ____NY 3d ___,2007 NY Slip Op 9309 (11-27-07) the Courtdecided appeals in three separate medicalmalpractice cases in which the trial courtshad allowed such interviews. While the factsvary slightly, in each case the defendantssought to interview the treating physiciansex parte. To do so, they requested HIPAAcompliant authorizations from their adver-saries, who all refused. The defendants thensought appropriate orders compelling theplaintiffs to issue authorizations pursuant tothe specific provisions for the same in theHIPAA privacy regulations (45 CFR164.512[e][1][i] and 45 CFR 164.508). Ineach case the trial courts granted the applica-tions, reasoning that by instituting the mal-practice actions the plaintiffs put theirrespective medical conditions in issue andthe defendants were entitled to interview thetreating physicians. In all cases, however,the trial courts carefully qualified the autho-rizations not only to limit the scope of coun-sels’ inquiries to specific germane issues butalso to assure that counsel promptly wouldprovide adversaries with information anddocuments disclosed. 1

In each of the cases the AppellateDivisions in the Second and FourthDepartments reversed, concluding in effectthat the parties were limited to the discoverydevices established in CPLR Article 31 ascomplemented by relevant provisions of 22NYCRR 202.21(d).

The Court of Appeals first discussed, withconsiderable approbation, the benefits andvalues of ‘informal discovery of a nonpartytreating physician’. It reviewed precedentsupporting the use of this ‘device’ in con-texts other than medical malpractice andconcluded that it saw no reason why therationale supporting its use should not applyin the cases at bar:

Plaintiffs counter that informal interviewsof treating physicians are nonetheless imper-missible because article 31 of the CPLR andpart 202 of the Uniform Rules do not identi-fy them as a disclosure tool. But there are nostatutes and no rules expressly authorizing— or forbidding — ex parte discussions withany nonparty, including the corporateemployees in Niesig and the former corpo-rate executive in Siebert. Attorneys havealways sought to talk with nonparties whoare potential witnesses as part of their trialpreparation. Article 31 does not ‘close off’these ‘avenues of informal discovery,’ andrelegate litigants to the costlier and morecumbersome formal discovery devices. Asthe dissenting Justices pointed out in Kish,choking off informal contacts between attor-neys and treating physicians invites the fur-ther unwelcome consequence of ‘significant-ly interfering with the practice of medicine’:‘[i]nstead of communicating with an attor-ney during a 10-minute telephone call, aphysician could be required to attend a four-hour deposition or to provide a time-con-suming response to detailed and lengthyinterrogatories (citations omitted)

The court then reviewed the applicable pro-visions of HIPAA, pointing out that theHIPAA privacy rule allows (but does notmandate) disclosure: in numerous circum-stances as regulated by its provisions (45 CFR164.502[a][1]). Uses and disclosures qualify-ing as permissive under the Privacy Rule arejust that — for purposes of compliance with

HIPAA, the covered entity is permitted, butnot required, to use the information or makethe disclosure (see 65 Fed Reg 82462, 82656-82657). Nothing in the rule requires coveredentities to act on authorizations that theyreceive, even if those authorizations are valid.A covered entity presented with an authoriza-tion is permitted to make the disclosure autho-rized, but is not required to do so. Statedanother way, a covered entity, such as aphysician, who releases a patient’s protectedhealth information in a way permitted by thePrivacy Rule does not violate HIPAA; how-ever, neither the statute nor the rule requiresthe physician to release this information. The

permitted uses and disclosures relevant tothese appeals are those made pursuant toauthorization (45 CFR 164.502[a][1][iv],164.508) and the so-called litigation excep-tion (45 CFR 164.502[a][1][vi], 164.512[e]).

The Privacy Rule also permits coveredentities to use or disclose protected healthinformation without authorization pursuantto a court or administrative order so long asonly the protected health information cov-ered by the order is disclosed (45 CFR164.512[e][1][i]); or in response to a subpoe-na, discovery request or other lawful processif the entity has received satisfactory assur-ances that the party seeking the disclosure

has made reasonableefforts to ensure thatthe individual hasbeen given notice ofthe request, or hasmade reasonableefforts to secure a qualified protective orderfrom a court or administrative tribunal (45CFR 164.512[e][1][ii]). While this litigationexception may appear to be tailored for thosesituations in which the protected health infor-mation is not being sought from a party to theproceedings, HHS has declared that ‘[t]heprovisions in [section 164.512(e)] are not


HIPAA No Bar to Interviews of Nonparty DoctorsHIPAA


James G. Fouassier

Unparalleled professionalism. Unrivaled service.

TAKING SERVICE TO THE NEXT LEVEL

631.424.6100 800.285.1551 www.advantagetitle.com

Dear Colleagues,

Over the past 20 years we have built a reputation for delivering nothing short of excellence.

That commitment to being the best has built our business. Now, I am proud to announce the

Advantage Group of affiliated companies.

We have grown to 150 dedicated professionals, including 5 in-house attorneys with regional,

national and international expertise in title insurance. Whether you need foreclosure,

settlement, legal advertising or mortgage services, I can assure you that your needs will be

met with the same exceptional level of service you have come to expect from Advantage.

We thank you for the extraordinary trust and confidence you have placed in us, and we look

forward to expanding our relationship with you.

Joseph M. WillenPresident, Advantage Group


SECOND CIRCUIT BRIEFS

___________________By Eugene D. Berman

This month we discuss two decisionsthat the United States Court of Appealsfor the Second Circuit issued inDecember 2007.

An Implicit RulingThe Second Circuit has long recog-

nized that interlocutory orders, since theyare merged into a district court’s finaljudgment, may be reviewed on appeal. 2

In Fielding v. Tollaksen, __ F.3d __, 2007WL 4322436 (2d Cir. 2007)(decidedDecember 12, 2007), the Second Circuitfor the first time addressed the appeala-bility of a submission that had not beenexplicitly decided when the district courtentered its final judgment.

Plaintiff Fielding moved to amend hercomplaint to add additional defendants. Thedistrict judge referred the motion, as well asthe defendants’ various motions to dismissand for summary judgment, to a magistratejudge.3 Thereafter, the magistrate judgeissued an order denying the motion toamend, and a Report and Recommendation(“R&R”) that the dismissal and summaryjudgment motions be granted. Fielding sub-mitted timely objections to each.

The district judge, based on the R&R,granted the defendants’ motions withoutexplicitly referring to Fielding’s objec-tions to the magistrate judge’s denial ofher motion to amend. The district courtthen entered judgment against Fielding.

On appeal, and in examining its appel-late jurisdiction, the Second Circuit lookedto Fifth and Tenth Circuit decisions thattreated district judges’ silence as implicitrefusals to overrule magistrate judges’orders.4 Those courts had reasoned that adistrict judge’s dismissal or summaryjudgment order could reasonably be inter-preted as a conscious, albeit silent, deci-sion to overrule pending objections to amagistrate judge’s non-dispositive order.

The Second Circuit, viewing the Fifthand Tenth Circuit decisions as comportingwith its own approach concerning inter-locutory orders, held that the district court’sjudgment functioned as a final order thatoverruled Fielding’s objections.5

An Inexplicit DemandIn Silge v. Merz, __ F.3d __, 2007 WL

4258729 (2d Cir. 2007)(decided December

6, 2007), plaintiffSilge requested ajudgment, as setforth in his com-plaint’s demandclause, “in the sumof $1,153,545, oneither the first or second counts,together with costsand disbursementsand such other andfurther relief which this Court deems justand proper.” 6 After the district courtentered the defendants’ default. Silge’ssubmission concerning the proper amountof damages included a request for pre-judg-ment interest, although, as set forth above,he had not explicitly requested that relief inhis complaint.

The district court rejected Silge’s requestsince Fed. R. Civ. P. 54(c) prohibits a defaultjudgment from containing an award thatexceeds the amount prayed for in a com-plaint’s demand for judgment.7 On appeal,Silge urged that his demand for pre-judg-ment interest was implicit in his complaint’sdemand for “such other and further reliefwhich this Court deems just and proper.” 8

In reaching its decision, the SecondCircuit quoted from Wright, Miller, andKane’s explanation that Rule 54(c)’s dis-tinction between default and contestedjudgments is grounded in fundamental fair-ness since a “defending party should beable to decide on the basis of the reliefrequested in the original pleading whetherto expend the time, effort, and money nec-essary to defend the action.” 9 In thisregard, the Second Circuit characterizedRule 54(c) as “a sensible rule”, stating:

Because complaints can be long andintricate, a lawyer is often required tohelp a defendant gain a full understandingof the plaintiff’s claims. By limiting dam-ages to what is specified in the ‘demandfor judgment,’ the rule ensures that adefendant who is considering default canlook at the damages clause, satisfy him-self that he is willing to suffer judgmentin that amount, and then default withoutthe need to hire a lawyer.10

After reviewing Rule 54(c)’s clear lan-guage and purpose, the Second Circuitrejected Silge’s argument and affirmed,holding that the rule “permits neither

“Then You Should SayWhat You Mean” 1

Eugene D. Berman


NOMINATIONS SOUGHT FOR BAR ASSOCIATION LEADERS

Are You A Leader? Would You Like To Be?Members who wish to be considered for nomination as Officers or Members of

the Board of Directors of The Suffolk County Bar Association should submit awritten request and resume highlighting your bar activities to the ExecutiveDirector or to any member of the Nominating Committee The NominatingCommittee is accepting applications from interested members for the positions ofSecretary and Board of Directors. There are also two openings for members ofthe Nominating Committee (past presidents and former directors are eligible forthese positions, with a term expiring 2011). Four Directors will be elected to athree-year term ending 2011 at the annual elections held on May 7, 2008.

Members of the Nominating Committee are: J. David Eldridge, Scott M.Karson, Louis E. Mazzola, Scott M. Mishkin, Robert F. Quinlan, George L.Roach, John L. Buonora, John L. Juliano and William J. Porter.

– Arthur E. Shulman, Secretary

What begins as a simple set of steps becomes something

truly magical when physical grace and rhythm unite

partners on a dance floor. Fuoco Group accounting services

begin with the basics, but become so much more when

our talents are teamed with those of legal counsel.

Together we help our clients choreograph the steps to

success and growth.

And something magical happens then, too.

Follow our lead.

Shall we dance?

1393 Veterans Memorial Highway, Suite 210NHauppauge, NY 11788 | 631-360-1700

276 Fifth Avenue, Suite 1007New York, NY 10001 | 212-532-9444

1224 US Hwy. One, Suite HNorth Palm Beach, FL 33408 | 561-625-6692

www.fuoco.com

CERTIFIED PUBLIC ACCOUNTANTS | BUSINESS ADVISORS

Bruce A. Mina, CPA/ABV, MS, CV, BVALDirector of Business Valuations

& Divorce Consulting

Brian Carlson, JD, CPA, CFEDirector of Fraud and Forensic

Robert S. Peare, CPADirector of Estate & Taxes

Certified FraudExaminations

Divorce Consulting

Expert Testimony

Estate & TrustAccounting

Forensic Accounting

Litigation Support


DMV/DWI

____________________By David A. Mansfield

A key question for defense counsel iswhether your client will be eligible for a con-ditional license as a result of an alcohol relat-ed driving conviction.

Generally, a first offender will be issued aconditional license by the Department ofMotor Vehicles absent any aggravating factsand circumstances. Because different criteriadetermine the eligibility, the court may grantyour client a hardship privilege as authorizedby §1193(2) (e)(7) and can be denied a pre-conviction license under §1193(2)(e)(7)(d),and a post-conviction conditional license asper §1196. Experience has proven however,that these types of cases are the rare excep-tion rather than the rule.

Your client can be found eligible for theDrinking Driver Program but not, the condi-tional license. Further information can befound in §1196 of the Vehicle & Traffic Lawand more particularly the New York Codes,Rules and Regulations Title 15 Part §134.7.

Common sense disqualifications includethat the incident (which gave rise to the eligi-bility for the Drinking Driver Program), wasbased upon being an operator in a fatal acci-dent as per 15 NYCRR Part§134.7(a) (1).

And your client will not be granted a con-ditional license if they do not have a validNew York State driver’s license which is notrenewable most likely because either thelicense has expired more than two years orthere are other reasons they do not have avalid license under Part§134.7 (a)(3).

A rare but equally interesting recent situa-tion was where the client was granted a hard-ship privilege only to learn that their eligibil-ity for a pre-conviction license, (whichserves as a reliable indicator of the grantingof a post conviction conditional license) wasdenied. It was denied because the person hadtwo or more revocations or suspensions oftheir driver’s license other than the alcoholdriving related incident upon which their eli-gibility for the Drinking Driver Programwas based within the past three years as setforth in Part §134(a)(5).

Suspensions for failure to appear, failureto answer, failure to pay fines for DriverResponsibility Assessments, or even refusalto submit or suspension or revocation result-ing from suspension pending a hearing or arevocation as a result of a finding of aChemical Test Refusal arising out of thesame incident will not bar the issuance of aconditional license unless otherwise dis-qualified. Please see 15 NYCRR Part§134.7a (5).

If your client has been convicted morethan once of reckless driving in the threeyears prior to application, they will not begranted a conditional license as per 15NYCRR Part §134.7a(6).

Your client will be unable to obtain a con-ditional license if they have a poor drivingrecord with a series of convictions, incidentsor accidents under 15 NYCRR Part §136.1and Part §136.6.

This provision would be applied mostoften if you client has repeated incidents ofdriving while suspended within the threeyears prior to application of the conditionallicense or has an inordinate number of non-moving violation convictions such asimproper use of mobile phone and failing towear a seat belt as a driver. If your client hasaccumulated in excess of half a dozen such

convictions the weighted safety factors asscheduled under 15 NYCRR Part §136.6 itmay prevent them from being issued a con-ditional license.

If your client has been convicted for§1193-d (1) offenses, special vehicles thatinvolves the operation of a taxicab, livery orcarrying a vehicle passenger for hire or atruck between 18,000 and 26,000 pounds,they would be disqualified from a condition-al license. And if they were convicted of aviolation of subdivision 2, 2(a), 3, 4 or 4(a)of §1192, a misdemeanor or higher offensefor a special vehicle. This would be foundunder 15 NYCRR Part §134.7.1(a)(8).

When your client fails to satisfactorilycomplete all phases of Drinking DriverProgram, which results in the mandatoryrevocation of their conditional license, theymay apply for reinstatement only once andbe granted restoration of their conditionallicense. A second or a subsequent reinstate-ment will not be granted a conditionallicense Part§134.7 (a)(9).

Your client has been suspended for a con-viction under §510(2)(b)(v) for a misde-meanor or felony drug possession offenseand may be eligible for a restricted licenseunder Part §135. The mandatory six-monthsuspension may be waived at the time ofsentencing if you can convince the court ofcompelling circumstances in a brief pre-sen-tence hearing.

Three or more alcohol related convictionswithin the last ten years would prevent eligi-bility for a conditional license. Please furthernote that if your client has three separatealcohol related driving convictions withinthe past four years they may be subject topermanent revocation under §1193(12).

Should your client have been operating amotor vehicle while under the influence ofalcohol or drugs and was a holder of a limit-ed DJ or a limited MJ license at the time ofthe violation, which resulted in the suspen-sion, or revocation they will not be eligiblefor a conditional license as provided underPart§134.7 (a) (12)

The five-year rule is that the person duringthe five years preceding the conviction of analcohol or drug related offense or finding ofa violation of §1192(a) zero tolerance, par-ticipate in the alcohol drug program and hav-ing been convicted of any violation of§1192, including a finding under §1192-a.

Finally, if a person is in the DDP issued aconditional license but prior to re-issuanceof conditional license information receivedby a department that such person was not eli-gible for a conditional license at that timetheir license will be revoked as required byPart 134.7(a)(13).

The best advice you could give your clientis that in the ordinary first offense situationthat they will be eligible for a conditionallicense, unless they were a holder of a ClassDJ or MJ license at the time of the incidentor violation or have a poor driving record,especially if the charge is reduced to drivingwhile impaired or if they are sentenced to aconditional discharge on a driving whileintoxicated conviction.

Defense counsel would be well advised toobtain a copy of 15 NYCRR Part §134 as avaluable reference tool to properly advisetheir client.

Note: The author practices in Islandia andis a frequent contributor to this publication.

Eligibility ForConditional LicensesVehicle & traffic law §1196 and 15 NYCRR Part §134.7 David A. Mansfield

NEED SOLUTIONS

?

ATTORNEYS AT LAWNancy Burner, Esq., CELACERTIFIED AS AN ELDER LAW ATTORNEY*

Eric D. Cherches, Esq.Kim M. Smith, Esq.

ELDER LAW AND ESTATE PLANNING• Medicaid Eligibility• Estate Planning• Trusts & Estates Litigation• Nursing Home Placement• Guardianships

• Last Wills & Testaments• Trusts, Irrevocable & Revocable• Strategies for Saving Estate Taxes• Long Term Care Insurances• Supplemental Needs Trusts

46 Route 25A, Suite 4 • Setauket, NYPhone 941-3434 • Fax 941-3443

82 Main St. • Westhampton Beach, NYPhone 288-5612 • Fax 288-5618

www.bcslawfirm.com

BC&SBURNERCHERCHES SMITH, LLP&

The National Elder Law Foundation is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in the field of law.

*


TRUST AND ESTATES UPDATE______________________By Ilene Sherwyn Cooper

Attorney-Client Privilege

In Matter of Kaminester, theappeal was taken from anOrder of the Supreme Court,New York County (McCooe,J.) which, inter alia, directedthat the respondent’s formercounsel appear and testify asto conversations with therespondent in an ongoing hearing todetermine whether the respondent shouldbe held in contempt of court.

The application for contempt wasbased upon certain conduct allegedlyengaged in by the respondent in violationof a temporary restraining order thatdirected her not to accept any funds orfinancial benefit from the decedent pend-ing the outcome of a guardianship pro-ceeding on the decedent’s behalf.Subsequent to the issuance of the order,the decedent changed his life insurancepolicy to name respondent as beneficiaryand deeded his vacation home to himselfand respondent as joint tenants, and mar-ried respondent.

The Appellate Division found thatsince there was no testimony as to anyconsultation between respondent and herattorney prior to the alleged fraudulenttransactions in issue, the Supreme Courterred in ordering counsel to testify as tocommunications with her former client inviolation of the attorney-client privilege.Moreover, the court held that there wasno evidence that the attorney-client privi-lege had been waived, as respondentnever placed the subject matter of herconversations with counsel in issue.

Matter of Kaminester, 841 N.Y.S.2d587 (N.Y.A.D. 1st Dep’t, Sept. 20,2007).

The Enforceability of Arbitration Clauses

During the course of a probate pro-ceeding, the executor of the estate insti-tuted a proceeding against several namedrespondents — one individual and threecorporations — to discover property pur-portedly withheld from the decedent’sestate based upon promissory notes exe-cuted by the decedent prior to his death.The petitioner moved to stay arbitrationof the claims related to the notes and therespondents cross-moved to compel arbi-tration. The Surrogate’s Court, QueensCounty (Nahman, S.), granted petition-er’s motion and an appeal was taken.

In affirming the Surrogate’s Order, theAppellate Division held that while arbitra-tion is favored as a means of resolving dis-putes, and that courts will interfere as littleas possible with agreements to arbitrate,this policy is counterbalanced by the factthat a party who agrees to arbitrate waivesmany of his rights under the proceduraland substantive law of New York.Accordingly, a party will not be compelledto arbitrate without evidence that affirma-tively establishes that the parties expresslyagreed to arbitrate their disputes.

The record on appeal revealed that thedispute between the parties involved part-nership agreements between the decedentand the individual party-respondent. Theagreements were entered by the parties intheir individual capacities and had broadarbitration clauses. Thereafter, fourpromissory notes were signed in whichtwo of the corporate-respondents were

obligors. The individual-respon-dent owned an interest in theentities and signed three of thenotes as “president.” However,neither one of the corporate-respondents were parties to thepartnership agreements.

Based upon the foregoing, thecourt concluded that the arbitra-tion clauses in the partnershipagreements did not apply to thepromissory notes involving the

corporate-respondents, and more particu-larly, that the decedent had not expresslyagreed to arbitrate claims related to thepromissory notes. Accordingly, the courtheld that the Surrogate’s Court properlydetermined that the petitioner could notbe compelled to arbitrate claims on thosenotes.

Matter of Miller, 40 A.D.3d 861(N.Y.A.D. 2d Dep’t, May 15, 2007).

Order Granting Summary Judgment in Discovery Proceeding Affirmed

In a discovery proceeding pursuant toSCPA 2103 to recover certain propertywithheld from the estate of the decedent,the petitioners appealed from so much ofan Order of the Surrogate’s Court,Suffolk County (Czygier, S.) which, interalia, granted summary judgment inrespondents’ favor dismissing those por-tions of the petition asserted against them.

The decedent purchased three annuitiesin the year and a half prior to his death,which paid him income only, with nodeath benefit. The petitioners alleged thatthe decedent’s insurance broker, who wasalso his financial advisor, made certainfraudulent representations to him thatinduced him to purchase the annuities.The insurance companies that issued thepolicies were also made party-respon-dents to the proceeding.

In affirming the Order of theSurrogate’s Court, the Appellate Divisionfound that the respondents had made aprima facie showing of entitlement tojudgment as a matter of law, that no mis-representations were made to the dece-dent, and that he purchased the annuitiesas part of his overall financial plan. TheCourt concluded that the petitioners hadoffered nothing beyond mere surmise andconjecture to support their claims, andtherefore, summary judgment dismissingthe petition insofar as asserted against therespondents was proper.

Matter of Valentin, 841 n.Y.S.2d 781(N.Y.A.D. 2d Dep’t., Sept. 11, 2007).

Note: The author is a partner with thelaw firm of Farrell Fritz, P.C., where sheconcentrates in the field of trusts andestates. In addition, she is First Vice-President of the Suffolk County BarAssociation and a member of theAdvisory Committee of the SuffolkAcademy of Law.

Ilene S. Cooper

NoticeAt our Holiday Party held at the

Bar Center on Friday, December7th, one of our guests lost a denim,fur lined full length coat. Pleasecontact the Bar Center if you haveany information relating to thismissing coat.

QUEENS COUNTYCOURT CASES

(718) 779-8910(347) 247-5563 (cell)www.cervinilaw.com

Law Offices

of

Michael A. Cervini, P.C.

40-24 82nd Street

Jackson Heights,

NY 11372

Resolve your Queens cases

by putting our 20+ years of experience

in Queens to work for you and your client.


______________By Jane LaCova

Suffolk County’s District AdministrativeJudge H. Patrick Leis III presided over atime-honored tradition rooted in the ami-cable relationship our Bar Associationshares with members of the judiciary atevery level.

At ceremonies held January 7, atTouro Law Center in Central Islip,judges, who are beginning new terms fol-lowing their elections last November,were introduced to an audience of col-leagues, family and friends and adminis-tered the Oath of Office.

The event evoked laughter and tearswhen candidates and sponsors sharedboth personal memories and amusing sto-ries. All of the judges inducted expressedthe same sentiment – a strong love for thelaw, and justice for all.

The ceremony began with an honorguard of Court Officers who marched into present the colors and then formallystood watch throughout the proceedings.President Barry M. Smolowitz welcomedthe audience and thanked Dean LawrenceRaful for allowing the SCBA to hold itsceremony in the beautiful auditorium ofthe new law center. He then introducedformer SCBA president George L. Roachwho delivered a moving invocation.Following the Pledge of Allegiance,SCBA Director John Zollo sang “TheNational Anthem.” President Smolowitzintroduced Justice Leis who dedicated theceremony to Ken Grabie, a “special man”who touched many lives and who had a

great influence on him, especially in theGuardianship Part. He reiterated theBench’s special relationship with the Bar,which is very different from most coun-ties. Judge Leis told the audience that thisevent continues the longtime tradition ofthe SCBA to present newly elected orappointed justices and judges with theirfirst set of judicial robes. He said he stillhad his robe, but that he was not wearingit to this particular event as it was a littlefrayed after so many years. He thankedthe justices and judges who took time outfrom their busy schedules to attend this

special ceremony and mentioned the wis-dom of King Solomon, a wise judge, andspoke about the great responsibility ofbeing a judge; he expressed disappoint-ment at the injustice of the judiciary innot receiving a salary adjustment or costof living increases in the last 20 years.

The first presentation was the introduc-tion of retired Justice of the SupremeCourt Mary M. Werner who sponsorednewly elected Family Court JudgeTheresa Whelan. Judge Whelan, whoworked for Justice Werner as a law assis-tant for 11 years, also worked for other

justices in the court system for the last 17years. They shared a special bond andJudge Werner said she was honored to becalled upon as her sponsor. FollowingJudge Whelan’s response, Judge Leisadministered the Oath of Office to her.President Smolowitz then presentedJudge Whelan with her first set of judicialrobes.

Judge Leis introduced the HonorableSteven C. Bellone, Supervisor of BabylonTown, who grew up with District CourtJudge Dennis Cohen and regaled the

SCBA Honors Suffolk County’s New Judges

SCBA President Barry Smolowitz welcomed everyone to the Robing ceremony.


Photo credit: Arther Shulm

an

LAMB&BARNOSKY, LLP

A REPUTATION BUILT ON TRUST,

PERSONAL ATTENTION AND RESULTS.

Honorable Michael F. Mullen is a graduate of Fairfield University andSt. John’s University School of Law. After law school, he served as Law Clerkto Justice Fred J. Munder of the Appellate Division, Second Department,and then opened his own general law practice in Huntington. He served asSpecial Counsel to the Town’s Zoning Board of Appeals, as Counsel to StateSenator Bernard C. Smith and then Assistant Counsel to the Senate MajorityLeader, Warren M. Anderson. In 1987, he was appointed to the New YorkCourt of Claims. During the next 20 years Judge Mullen served as an

acting State Supreme Court Justice in Suffolk County, where he presided over countlesshigh profile cases and wrote a key opinion in the environmental law case, Matter ofGazza v. Department of Environmental Conservation, which was ultimately affirmedby the Court of Appeals, the State’s highest Court. He retired from the bench in August2007. Judge Mullen will serve as counsel to the firm and help lead our litigation department andwill be available to the profession for Alternate Dispute Resolution.

Victor A. Adefuye graduated from Duke University with a B.A. in PoliticalScience and a minor in Economics. He received his law degree from GeorgeWashington University Law School. While in law school, he interned for theHonorable Leonard Austin of the New York State Supreme Court in NassauCounty. He also worked as a law clerk in the antitrust division of the UnitedStates Department of Justice in Washington, D.C.

534 Broadhollow Road., Suite 210 • P.O. Box 9034 Melville, New York 11747-9034

Tel: 631.694.2300 • Fax: 631.694.2309 www.lambbarnosky.com

We are pleased to announce that

Hon. Michael F. Mullenand

Virginia Medici Wylly

have become counsel to the firm

and

Victor A. Adefuye

has become an associate of the firm

A T T O R N E Y S A T L A W

Virginia Medici Wylly graduated magna cum laude from BrooklynCollege with Honors in Psychology. She received her law degree fromBrooklyn Law School in 1982. After law school, she joined the U.S. SmallBusiness Administration (“SBA”) in Manhattan where she administeredagency programs and closed commercial loans. She was appointed SpecialAssistant United States Attorney for the Southern and Eastern Districts ofNew York. In 1993, she rejoined the SBA as Branch Counsel of its Melvilleoffice. In 2005, she entered private practice in Woodbury. For her work on

behalf of small businesses on Long Island, she has received awards from the Long IslandDevelopment Corporation, the SBA, Senator Charles Schumer and the County Executives ofNassau and Suffolk.

Prior results do not guarantee a similar outcome.


Isabella Juliet Zaher was born on October 25, 2007. She is the daughter of SCBA memberJohn Zaher and his wife Christina.

Emma Jaye Arden was born on December 21, 2007. She is the granddaughter of SCBA pastpresident Harvey Besunder and his wife Arline.

Attorney Robert A. Macedonio introducedJudge Crowley.

Babylon Town Supervisor Steven C. Bellone grewup with District Court Judge Dennis Cohen.

Judge Kevin J. Crowley received a plaque from President Smolowitz.

Judge Lozito received a plaque from President Smolowitz.

THIS COLOR CENTERFOLD HAS BEEN MADE POSSIBLE

SCBA director John Zollo sang “The National Anthem.”

President Smolowitz andAdministrative Judge H. Patrick LeisIII.

Retired Justice of theSupreme Court Mary M.Werner sponsored newlyelected Family Court JudgeTheresa Whelan.

FREEZE FRAME

Photo credit: Arthur Shulm

anPhoto credit: T

he Arden Fam

ilyPh

oto

cred

it: J

ohn

Zah

er


audience with some childhood memo-ries. He said Judge Cohen was a familyman, a friend, and a man who caresdeeply for people. Supervisor Bellonesaid his friend personified what it meansto be a public servant. Following JudgeCohen’s response, President Smolowitzon behalf of The Suffolk County BarAssociation presented him with a judi-cial robe.

No robes were necessary for veteranjurists’ Hon. Kevin J. Crowley and Hon.Gaetan B. Lozito who were reelected tothe District Court Bench for six-yearterms. Judge Crowley was introduced byattorney Robert A. Macedonio and JudgeLozito was introduced by her attorneyhusband Eric R. Landau. PresidentSmolowitz presented them, on behalf ofthe SCBA, with engraved plaques com-memorating the occasion.

In addition to Judge Dennis Cohen,the District Court saw another newjudge take the oath of office, theHonorable Chris Ann Kelley. Judge Leiswas her sponsor, sharing how they metwhen she interviewed for a court posi-tion. He said that he hoped Judge Kelleywould enjoy the role of judge as much ashe did. Judge Leis said there might besome confusion and one would have tobe quite specific when calling a judgethese days, as we now have two JudgeKelleys, two Judge Cohens and twoJudge Whelans. Judge Kelley said in herremarks that Judge Leis became hermentor and inspired her in her pursuit tobecome a judge. Before administeringthe Oath of Office to the District CourtJudges, the Supervising Judge of theDistrict Court Madeleine A. Fitzgibbonsaid how proud she was of the judges.She spoke of the huge caseload in theDistrict Court and how judges had topush and be efficient to ensure that jus-tice was administered to the citizens ofSuffolk County.

Judge Leis concluded by thanking hisfriend retired Supreme Court JusticeTom Stark for coming out to honorJudge Kelley and the other judges beingsworn in at this wonderful ceremony.

THROUGH THE GENEROSITY OF ENRIGHT COURT REPORTING, INC.

SCBA President Lester Lipkin robing Judge Charles Tomasello in a Robing ceremony1976.

Administrative Judge H. Patrick Leis III congratulates theHonorable Chris Ann Kelley.

Family Court Judge Theresa Whelan is presentedwith a robe by President Smolowitz.

Babylon Town Supervisor Steven C. Bellone congratulates JudgeDennis Cohen.

Judge Nicolette Pach being robed by SCBA President Tom Spellman in 1993.

Years Past Robing Ceremony

Robing Ceremony 2008(Continued from page 13)

Honorable Gaetan B. LozitoPresident Smolowitz, left, congratulates theHonorable Kevin J. Crowley

District Court Judges Dennis Cohen, Chris Ann Kelley,Gaetan B. Lozito and Kevin J. Crowley are sworn in.

District Court Judges Dennis Cohen, Chris Ann Kelley, Gaetan B. Lozitoand Kevin J. Crowley received a round of applause.

Photo credit: SCB

A archives

Photo credit: Arthur Shulm

an


_________________By Dennis R. Chase

I’ve seen a great many shows, many ofthem, well, quite unforgettable. Neverbefore, however, did I come away with thefeeling that I just witnessed a living legend.That feeling was replaced with the completeeuphoria I experienced on December 19,2007 at the historic United Palace Theaterwhen Neil Young played the final show ofhis sold-out six-show run of his ChromeDreams II (Neil Young, 2007) ContinentalTour. (By the way, much thanks to the unbe-lievable love of my life, Sheri, for a birthdaygift not soon to be forgotten.)

The United Palace Theater, which is cel-ebrating its 77th anniversary havingopened February 15, 1930, seats onlyabout 3,300 people and was the perfectvenue to enjoy such a living legend. In1969, current owners, Christ UnitedChurch, restored this former Loew’sTheater to the jeweled treasure it is today.Located at 4140 Broadway at 175th Street,this Washington Heights landmark shouldbe experienced. One clearly feels asthough they’ve taken a step back in timethe moment one walks through its narrowentrance. While not exactly Radio CityMusic Hall (one of the greatest venues, atleast sonically, to experience live music),the grandeur, the ornate elegance, and thenostalgia of the venue certainly far sur-passes other more oft-visited musical ones.I’m only sad I missed Van the ManMorrison who played there in October.

Wow. Neil’s wife for nearly threedecades, Pegi Young, opened the showand although most in attendance boozedin the lobby during her delightful set,those fortunate enough to take their seatswere not disappointed. Pegi, who alsoperformed with Neil providing both back-ground vocals and vibraphone, performedmany of the tunes from her debut CD(Pegi Young, Pegaroo Music 2007),including Fake, a song she wrote over thepast five years wherein she articulatesmaintaining one’s own identity in a longterm relationship. She also covers I’m Notthrough Loving You Yet, a little knownballad by Dan Penn and Spooner Oldham.My favorite, however, the mid-tempoepic White Line in the Sun, chroniclingher cross-country hitchhiking trip withher husband fully engaged the crowd shehad already clearly won over. Openingacts are more often than not referred to asthe warm-up band . . . and Pegi warmed...yes she did. I’m glad we were so warmed.

The night, however, belonged to Neilwho opened with a 50 minute acoustic setthat featured him amongst a ring of wellcrafted, well worn, and beautifully playedguitars, a banjo, his grandmother’supright piano, and a synthesizer.Although at times appearing to beambling from piece to piece, he alwaysknew the direction. Here’s where Neilshined. Opening with From Hank toHendrix, moving soulfully in to aninspired version of Ambulance Blues,Neil filled the theater in a way no otherperformer could dream of. A New YorkTimes music critic referred to Neil’s bodylanguage as “casually deliberate.” Mypersonal favorite, however, Harvest, wascarefully woven with spun gold of emo-tion. While I didn’t want the acoustic setto end . . . bring on the band . . . and the

white hot plugged in set.Although not playing with Crazy Horse,

Neil’s longtime companions and much largerband, the band was at least Crazy Horse-like.Ralph Molina, a Crazy Horse member sinceits inception in 1962 (when they were Danny& the Memories), served as the drummer forNeil Young tonight, adding backup vocals aswell. Ben Keith, a session musician in the late1950’s and 60’s, played the pedal steel guitar,the lap steel guitar, and organ while also con-tributing background vocals. Keith has beenjamming with Young since the release ofHarvest, Young’s third solo effort in 1971.He’s also, however, played with other rock n’roll legends including The Band, DavidCrosby, Graham Nash (in fact touring withCrosby Stills Nash & Young on their 2006Freedom of Speech tour). Rick Rosas pro-vides solid bass guitar having also worked

with a slew of othergreats including JoeWalsh, Johnny Rivers,& Etta James. AnthonyCrawford rounded outthe band adding pianoand background vocals.Crawford has therespect and admirationof Nashville for collaborating with suchgreats as Vince Gill, Dwight Yoakam, andNicolette Larson.

Perhaps the finest songs Neil deliv-ered, he delivered with an instrumenthe calls Old Black, a black 1953Gibson Les Paul with an aluminumpick guard and a Bigsby vibrato bar.Nothing sounds more like Neil than hiscoupling of Old Black with his smallFender Deluxe amplifier rightfullybringing him the title of the “godfatherof grunge.” Although totally enjoyinglongtime favorites like Cinnamon Girland Cortez the Killer (a song bannedby Franco in Spain for its outward re-telling of the Spanish conquest ofMexico from the viewpoint of theAztecs), the quintessential moment ofthe evening came from his 18 minuteversion of No Hidden Path (from hislatest release), taking on even more rel-evance as our country decides upontheir next leader . . . Show me the wayand I’ll follow you today... and withyou I feel no hidden path. Few canmatch Neil in the moment of a soul cas-ing the stage like a caged lion, feedingon his guitar; it was a sight and soundto behold.

Neil turned 63 on November 12 and hismusic career spans over 42 years beginningwith his days with Buffalo Springfield,segueing into Crosby, Stills, Nash &Young, and still going strong with his soloyears. He’s released a staggering 45albums, not including compilations, livealbums, nor any part of his archival series,and produced the soundtracks to five films.He’s been inducted into the CanadianMusic Hall of Fame and twice inducted into the Rock and Roll Hall of Fame (for bothhis solo efforts and his work in BuffaloSpringfield). He’s directed four movies, isone of the founding fathers of Farm Aid(and remains on their board of directors),has been nominated for an Oscar for his song Philadelphia from the filmPhiladelphia and is a part owner of Lionel,LLC and co-owner of seven patents relatedto model trains . . . and recently survived anear fatal brain aneurysm. Neil and his wifePegi co-founded The Bridge School, whichassists mentally and physically challengedchildren.

From the very moment Neil stepped onstage, the entire crowd was willing to followand no one believed there to be any hiddenpaths. Calling Neil a legend may be a bit of anunderstatement, but until we come up with abetter word... living legend will have to do.

Note: The author is a former Director ofthe Suffolk County Bar Association, a reg-ular contributor to The Suffolk Lawyer,and a partner with the Law Offices ofBraunstein & Chase, L.L.P. The firm, withoffices in Suffolk, Nassau, and QueensCounties, concentrates their practice inWorkers’ Compensation, Social SecurityDisability, Long Term Disability, ShortTerm Disability, and Disability Retirement.

What Is The Color, When Black Is Burned?HOT PICKS

Eastward Ha!By S.J. Perelman

126 pp.Burford Books

_______________________By William E. McSweeney

That vague, uneasy feeling experiencedby the tourist unhappy with France—thefeeling that “they” are out to make hisstay miserable—has finally emergedfrom the dark realm of presumed para-noia into the daylight of rationality. Noless an eminence and respected worldtraveler than S. J. Perelman himself stat-ed, shortly before his death, that such asuspicion is not at all groundless.

Perelman nonetheless remained an unre-constructed Francophile. As such, heunderstood that—no matter the lovers’spat of a given moment—Americans, vis-à-vis La Belle France, must simply playout our foreordained role in a long-runningfilm noir, that of clueless, gullible male toseductive, self-centered, mercenaryfemale, a noir that, as noirs do, invariablyends in betrayal and heartbreak. (Think ofthat quintessential noir, “The Killers”—Universal, ‘46—and Burt Lancaster’s“Swede“ to Ava Gardner’s Kitty.)

On successive vis-its to France,Perelman tookmasochistic delightin discovering thenew, improved mod-els of sadism await-ing him. Indeed,Perelman knew thatthe French them-selves say it best: Plus les choseschangent, plus elles restant les memes -The more things change, the more theyremain the same.

At all events, in his, (alas), final collec-tion of essays, entitled Eastward, Ha!,”Perelman maintains that, in France, plotsagainst the tourist are not haphazardlyconcocted by an amorphous, uncoordi-nated “they”; au contraire, mes amis,plots are efficiently intituted at the high-est level—within the very precincts ofElysee Palace—and “they” are no lessthan “his tall elegance Valery Giscardd’Estaing...and his council of ministers.”

In “Paris On Five Dollars A Day,”Perelman has a gleeful Giscard approvehis ministers’ plans for sabotage: “Thislongtime visitor to our shores (Perelman)will find our fiendishness unchanged,”Giscard states, “all the torments a

Torquemada could invent still bugginghim.” (Who else but Perelman wouldhave had the chutzpah to put words intothe mouth of a living president—thePresident of France, yet!) The govern-ment’s stratagem is put into operationwithin minutes of Perelman’s checkinginto the Hotel of the Cheap Valises.

“I...divested myself of my threads, andprepared to shower. Forthwith I discov-ered (as one should have remembered)that soap was never supplied in France,fats being conserved exclusively forsoups...as I turned on the cold water torinse...a gush of steam jetted from theshower head and I sprang outward in aleap that would shame a Watusitribesman.” Later, having left the hotel,and passing “workmen (who) tore uppaving in preparation for the touristinflux...I deposited my wash at a blan-chisserie that promised to insert plenty ofstaples in the briefs.”

France was one of ten locales that thehumorist visited during his final excur-sion, an eight-month eastward journey;the other places toured were the UnitedKingdom, Russia, Turkey, Israel, Iran,Malaysia, Indonesia, Tahiti, and darkestLos Angeles. In each location, to hearPerelman tell it, he suffered pain—psy-chic, emotional, physical. Of course, asever, Perelman’s pain is the reader’s plea-sure. Further examples: In Moscow, “asa result of being dragged through toomany monasteries, I absorbed more

Lawyer Lighten Up!BOOK REVIEW

Dennis R. Chase

William E.McSweeney

Neil Young rocked the house at theHistoric United Palace Theater.


Neil Young at the Historic United Palace Theater

You’ve never read Perelman???!!!


_______________By Rhoda Selvin

Most of Harold Seligman’s businessis with affluent, often corporate clients,so he is happy to take on the bankruptcyclients sent to him by the Pro BonoProject’s Bankruptcy Clinic. Since hisfirst such case in 1990, he has spent 168hours on the 29 cases he has concludedand has four still open. Indeed, once hejoined the PBP panel he has never beenwithout at least one case in process. Forthis record he has been named Pro BonoAttorney of the Month for January2008.

The satisfaction he derives from hisPBP work, he explained, “gives me anopportunity to help some people whohave gotten a short stick in life. Theyare very grateful, nice people — and it’sgood for my soul.”

In a case he found especially interest-ing his client was a single mother whowas unable to pay back her studentloans. She worked as a nurse’s aide in anursing home until her father becameseriously ill. She had to give up her jobin Suffolk County and move to the trail-er park in Florida where her parentslived to help her mother.

Much as she wanted to, under thesecircumstances, even when she cameback to Long Island she was unable tomeet her student loan payments andcame to PBP for help. Taking on hercase, Seligman sought to persuade theUnited States government to forgive theloans because of her indigence. He wasfortunate to deal with a United StatesAttorney who told him about a programin the Department of Education that isset up to help people who legitimatelycannot pay these loans. Although accep-tance in this program is difficult toachieve, Seligman succeeded inenrolling his client; her loan wasreduced to what she could pay. “Shewas able to retain her dignity,” he said.

Seligman graduated from NortheasternUniversity in 1968 and from BrooklynLaw School in 1971. His first job waswith a Wall Street firm, where he con-centrated on criminal law. He workedbehind the scenes for the famous Knapp

Commission, which was chaired by oneof the firm’s partners, Whitford Knapp.His next job was with the Legal AidSociety in New York City, doing muchtrial work over two or three years. Thenhe moved to Long Island and workedfor several firms, first continuing incriminal law and then switching to busi-ness law. In 1982 he and several otherattorneys he had worked with started thefirm now known as Long, Tuminello,Besso, Seligman, and Werner, which isin Bay Shore.

A member of the Suffolk CountyBar Association, he is a member of the Banking and Commercial Law Committee, the BankruptcyCommittee in 1991-1993, and haslectured for the Suffolk Academy ofLaw. He also belongs to the NewYork State Bar Association, theAmerican Bar Association, and theAmerican Bankruptcy Institute.

Seligman, who is a golfer and a jog-ger, and his wife Elise have been mar-ried for 38 years. She is a substituteteacher, their son David works in thefinancial field in Florida, and theirdaughter Lauren works for a hedge fundin New York.

His enthusiastic, dependable, andeffective work with the indigent has ledHarold Seligman directly to being thePro Bono Attorney of the Month. ThePro Bono Project is proud to honor him.

Pro Bono Attorney of theMonth: Harold Seligman

PRO BONO

Harold Seligman

1077 Northern B lvd. , R os lyn, NY 11576www.C ollardR oe.c om

O ur ex pertise ex tends to all areas oftechnology

W e represent everyone fromindividuals to m ultinationalcorporations

W e serve clients with distinction inboth foreign and dom esticintellectual property law

W e help clients identify em ergingtechnologies and ideas

For m ore inform ation, call us today at51 6 . 3 6 5 . 9 8 0 2or fax us at 516.365.9805.

We•ve got a

Patenton

Experience

O v er 8,000paten ts gran ted

O v er 15,000tradem ark s

obtai n ed

O v er 40 y ears of ex per i en ce

...but when it comes to accounting, taxes and business advice,

Jimmy doesn’t fish around.

He chooses AVZ.

More than an accounting firm, AVZ is dedicated

to making your business operate more efficiently.

We offer expert guidance on everything your business

needs to remain profitable and enjoy continued growth.

Call AVZ and discover what so many of our satisfied

clients already know... at AVZ, we’re more

than just accountants.

Jimmy Bissett, Managing Partner and Owner

of Atlantis Marine World

Albrecht, Viggiano, Zureck & Company, P.C.More than just accountants.

Jimmy may dive with sharksand play with sea lions...

CERTIFIED PUBLIC ACCOUNTANTS, BUSINESS ADVISORS AND CONSULTANTS

25 Suffolk Court, Hauppauge, New York 11788631.434.9500 • Fax 631.434.9518www.avz.com

DUFFY & POSILLICO AGENCY INC.Court Bond Specialists

BONDS * BONDS * BONDS * BONDS

1-800-841-8879 FAX: 516-741-63111 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts)NYC Location: 108 Greenwich Street, New York, NY 10006

Administration • Appeal • Executor • Guardianship

Injunction • Conservator • Lost Instrument

Stay • Mechanic’s Lien • Plaintiff & Defendant’sBonds

Serving Attorneys since 1975

Complete Bonding Facilities

IMMEDIATE SERVICE!


_________________By Justin Giordano

The United States Supreme Courtagreed, as part of the slate of cases itplans on adjudicating during its current2007-08 term, to hear a highly chargedcase on September 25, 2007. The case hasthe potential for significant ramificationsfor the 2008 presidential elections and formany elections at all levels beyond that.The justices are expected to hear the casein January of 2008 and render their deci-sion by the end of June of 2008.

The issue at hand for the high court isthe following: “Can states require votersto present government issued photo IDbefore they are allowed to cast a ballot?”The specific cases at issue, which will beconsolidated into one for the purposes ofthe court, involve two Indiana casesnamely, “Crawford vs. Marion CountyElection Board“ and “IndianaDemocratic Party vs. Rokita.” The U. S.Court of Appeals in Chicago upheld thepertinent Indiana law, which went intoeffect in 2005, and was applied in both ofthe aforementioned cases, by a two to onemajority vote. Similar laws have beenupheld at the federal appellate level in thestates of Georgia and Arizona, whileblocked in the state of Missouri.

This voter ID issue has been gainingmomentum since 2002 and at presentseven states have enacted laws thatrequire voters to present governmentissued photo ID’s prior to casting theirballot. In addition, another 17 statesrequire voters to produce governmentissued ID’s that don’t include a photo ofthe voter, a birth certificate, or naturaliza-tion certificate, before an individual ispermitted to vote.

The Indiana lawsuits were brought bythe ACLU [American Civil LibertiesAssociation], the NAACP [NationalAssociation for the Advancement ofColored People], and other groups includ-ing the Indiana Democrat Party. Theirprincipal arguments revolve around theissue of disenfranchisement of a numberof voters, mainly the least empowered,

less educated, and those residing at thelowest echelons of the economic ladder.In sum... those most vulnerable amongus. They thus argue that many in thisgroup(s) do not have driver’s licensesbecause they don’t drive, often becausethey can’t afford an automobile. Similarlythey also argue that many in said group(s)do not hold passports because they sel-dom if ever travel abroad given their lackof disposable funds required for suchactivities. To add to their argument theywill cite data such as the AARP’s[American Association of RetiredPeople], which contend that surveysthey’ve conducted show that three per-cent of elderly eligible voters do not holddriver’s licenses. Overall there is data—offered by other organizations opposingthe voter photo ID laws—which indicatesthat 13 to 22 million Americans of votingage don’t hold passports, driver’s licens-es, and/or any other form of photo-bear-ing government documents that could beutilized for identification purposes.

Consequently, the opponents of thevoter photo ID requirement laws contendthat the poor and minorities could be dis-couraged from engaging in the politicalprocess based on the impediment suchlaws would provide. The voting rights actof the 1960s were intended and enactedexactly to level the playing field so tospeak and make the voting process easilyaccessible to all, especially the aforemen-tioned disadvantaged groups such asminorities and the poor. Those opposingthe Indiana and similar laws thusapplauded the decision by the U.S.Supreme Court to hear the case con-vinced that their position would be vindi-cated. Donna Brazile, chair of the DNCVoting Rights Institute, essentiallyencapsulated this sentiment, if in an ultrapolitically partisan fashion. Upon hearingthe Supreme Court announcement that itwould be hearing the case she said that“Unjust and highly restrictive voter IDlaws,” were part of “a reprehensible par-tisan scheme to suppress voter turnout.”

Those supporting the Indiana law

answer that it is those opposing the lawthat lack any basis for their argument.Certainly, they argue, there are no dilato-ry effects on any legitimate voting groupor individual and that it is indeed theopponents whose arguments are fatuousand unfounded. They point out that inmost if not all of the states where lawssimilar to Indiana’s have been put ineffect, those states offer free photo IDcards to any voter who needs it. All that isneeded is for any individual to ask andthey will provide proof of citizenshipsuch as birth certificate, naturalizationcertificate or any other equivalent docu-ment(s). Therefore, as a matter of practi-cality, there isn’t any cost associated withobtaining a valid ID for voting purposes.This is far from being equivalent to thediscriminatory and odious “poll tax” thatthe Voting Rights Act obliterated.

The Attorney General of the state ofIndiana, Steve Carter, in defending theIndiana law, commented that those chal-lenging the law were exaggerating itseffects. “Most telling of all, despite thehue and cry about the supposed burdensof this law,” he said, the lawyers whofiled suit failed to identify “a single actu-al voter who could or would not votebecause of the voter ID law.”

The lines have been drawn, accusationshave been hurled back and forth, but it’shoped that the Supreme Court will renderits ruling based on the rule of law and thatthe accompanying reasoning and rational-ization will follow suit. Putting asidearguments founded on purely an emotion-al basis, it seems amply clear that votingshould be accessible to all that qualify.Undue burdens that would prevent thevoter from casting his or her ballot mustbe eliminated to the fullest extend possi-ble. This does not translate however, intoa carte blanche for totally unhinderedaccess to anyone that shows up at the bal-lot box. This would otherwise degenerateinto a de-facto open invitation to fraud.Any voting system that can be infected byfraud is by definition a defective systemand the outcomes of said process will

always be taintedor at the very least,it risks being per-ceived as such.

Voting is theultimate means for the individual tovoice their say in the running of thenation, state or municipality. It is thelifeblood of a representative republicsuch as ours and indeed, it can be said toconstitute its core. Nowhere in the U.S.Constitution or even other documentsthat gave insight into the mindset andintent of the founding framers, for exam-ple in the Federalist Papers, does it statethat voting must be absolutely effortless.

In our contemporary society,photo ID’s are daily and routinelyrequested for matters and activities farmore mundane and unimportant, as forexample to enter a club that has an agerestriction policy, to enter some build-ings based on security concerns; the listgoes on and on. No hue and cry is everheard about these inconveniences, whichat worst are considered extremely minoror merely as nuisances. There are noapparent legal rights that are being cur-tailed or abridged vis-a-vis the voter inrequesting a photo-ID prior to a votercasting their ballot. Unlike the previous-ly cited examples where ID’s are routine-ly requested, voting has distinct and seri-ous consequences, as it should.

Ultimately, it would seem the questionthat clearly beckons is a simple and directone: “shouldn’t the voting process be pro-tected from even the possibility offraud?” The answer seems evident, par-ticularly given that in the case at hand if alegal cost-benefit analysis were applied,the cost in terms of the imposition on thevoter is rather insignificant in contrast tothe benefits to be derived, i.e. a votingprocess free from the actual or even thepotential of fraud.

Note: The author is a Professor ofBusiness and Law at SUNY/Empire StateCollege. He invites comment on his arti-cle at [email protected].

AMERICAN PERSPECTIVES

Voter Identity and the Right to Vote

Justin Giordaon

ing” the cow who is ignominiously called“litigation.” While walking into our courtcomplex in Central Islip, I’ve been hand-ed pamphlets that denigrate our profes-sion. I have witnessed members of thepublic use bullhorns to “educate” the citi-zens who are enmeshed in legal proce-dures at the court complex– criminal, traf-fic violations, divorce and personal injury,by denigrating the attorneys who areassisting them. We have been called andare accused of being “ambulance chasers”that “milk” our clients out of there hardearned cash. Its offensive and it is verydifficult for any individual attorney toaddress these barrages of misguided plati-tudes. Our “Pro Bono” efforts often gounrecognized.

The foundation’s purpose

As an organized group, members of theBar now have at there disposal a means toenhance the image of lawyers in the com-

munity — our Suffolk County BarAssociation Charity Foundation. The goalof the foundation is to provide neededassistance to the community in areas thatare intended to enhance the image andreputation of attorneys. Unlike most char-ities, over 99 percent of the money col-lected or earned goes for its intended pur-pose. This past holiday season we had thefirst opportunity to pass on to the least for-tunate of our community gifts from ourbar associations attorneys. After investi-gation, we found that 100’s of families inour community had children that were notgoing to see what others take for grantedat this time of the year; a “gift” for themto open at their holiday celebration. TheSuffolk County Department of SocialServices (DSS) is well aware of the ghast-ly impoverishment in many areas ofSuffolk County. The workers at DSS, whothemselves often go unrewarded for theirgreat efforts, are in direct contact with theless fortunate of our community. We con-tacted DSS and arranged for the home

inspectors of DSS to identify the mostneedy and pass on to them gift cards forthe children. Each of the gift cards had thefollowing inscription on it, “a gift for youfrom the Lawyers of the Suffolk CountyBar Association.”

The members of our committee willaddress many other areas in the future.We are hopeful that these endeavors willdo what they are intended to do, enhanceour image and show the community thatwe are not what are falsely portrayed inthese denigrating platitudes.

Publication of our Efforts

Each month, the SCBA newspaper, “theSuffolk Lawyer” will have a section fordonations to the Foundation to be recog-nized. For instance, if you wish to donatea gift in memory of a passed loved one,your name and reason for the gift “Inmemory of ”will be published in the paper,but not the amount of money donated.

Gifts can be given to honor efforts, accom-plishments, or to exalt graduates or for anyother reason. In addition to this effort,each year we will be mailing to the mem-bers return envelopes addressed to theFoundation that can be used for their taxdeductible donations. Remember, it doesnot have to be hundreds of dollars. Acheck for five or ten dollars, or more if youcan afford it, is all that is needed to be partof this effort. Help us, to help others. It canonly benefit your image.

Note: The author practices law with hisson, Gerard E. Hanshe Esq. at the firm ofHanshe & Hanshe PLLC, Sayville. His pri-mary areas of practice are in the fields ofMedical Malpractice, Criminal Law,Estates and Trusts. He is on the Board ofTrustees of four non-profit organizations inNew York. He has been designated by theOffice of Court Administration as an Article81 Court Evaluator and was recently swornin as a Court Examiner for the AppellateDivision Second Department.

Suffolk County Bar Association Charity Foundation (Continued from page 2)


SCBA Celebrates 100 Years of Progress (Continued from page 1)

President’s Message (Continued from page 1)

grated high-tech courtrooms, closed cir-cuit TV monitoring systems for securityand a childcare center. The population ofSuffolk County has soared to nearly 1.5million people and the cases heard in localcourts could hardly be imagined by practi-tioners of 1908. National issues that havechanged America have impacted our ownBar. Cases defining the scope of constitu-tional protections as well as issues of envi-ronmental law, orders of protection,domestic violence, drug dependency,same sex unions, identity theft and a cen-tral registry for sex offenders are now partof legal practice.

After decades of “borrowing” meetingplaces, the SCBA found a permanenthome on Wheeler Road in Hauppauge.The property was purchased by theSCBA in 1980. The contract to constructthe building was signed in 1992. Thebuilding was opened on November 22,1993 and was dedicated in the spring of1994. The Honorable Joseph W.Bellacosa gave welcoming remarks.

The new SCBA headquarters is nowhome to the SCBA and staffed by eightfull time employees. It houses the contin-uing legal education programs offered bythe Suffolk Academy of Law, ceremonialevents, committee meetings and, on occa-sion, tastefully arranged and expertlyorchestrated gala celebrations.

Technology has also greatly impactedthe work of the SCBA. At the turn of thecentury, law librarians were typicallyretired attorneys who tended the onlylegal tools available - books. In 1928, theBar Association donated a complete col-lection of books to the Old Courthouse onGriffing Avenue in Riverhead, thusestablishing the first official and compre-hensive law library in Suffolk County.The technology of today has revolution-ized legal work as today’s SCBA mem-bers have access to office software thatincludes programs for electronicresearch, case management, documentassembly, timekeeping, billing, telecon-ferencing and even electronic filing incommercial and tax certiorari cases.

In the past 100 years, SCBA membershave adapted their legal work to meet thedemands of a changing society. Criminalcases in Suffolk County have included the1979 killing of 13-year old John Pius, the1987 murder arrest of newlywed MatthewSolomon, the case of 19-year-old MartinTankleff and the 2004 trial of DanielPelosi. SCBA members have appeared inthe legal proceedings involving “Angel ofDeath” Richard Angelo and “AmityvilleHorror” defendant Ronald De Feo. In1984, the Suffolk County case of BabyJane Doe explored constitutional issues ofprivacy and parental rights. A SuffolkCounty jury awarded a record $212 mil-lion in the medical malpractice matter ofFlaherty -v- Fromberg et al. What madethis case unique was not only the award,but it was one of the first cases prepared totake advantage of the High-TechCourtroom in Suffolk County Supreme,and incorporated trial presentation for-mats never before used. SCBA membershave also seen their share of celebrityevents, including the civil lawsuit againstMartina Navratilova for allegedly punch-ing a photographer and, more dubiously,Alec Baldwin reluctantly reporting forjury duty.

World events have also shaped thework of the SCBA. SCBA members haveserved their country in world conflictsand have continued to answer their coun-try’s call to duty. And they’ve distin-guished themselves in service to ournation over the years. Many of thereaccomplishments were recognized at theInstallation of President Douglas Lerosein June, 2003

Michael Murphy, the late son of SCBAmember Dan Murphy, was awarded theCongressional Medal of Honor byPresident Bush recently.

SCBA continues to cherish the spirit ofvolunteerism in the community. As thetragic events of September 11 unfolded,SCBA members responded with a recordcollection of supplies for emergencyworkers at the World Trade Center. Ledby Past President John Juliano (‘96-’97),

as well as then immediate Past PresidentEugene J. O’Brien (‘00-‘01) and immedi-ate Past Director Barry M. Smolowitz, acontingent of SCBA members went intoManhattan to deliver the items and lendtheir support. SCBA members lend their“free” time to help coach local highschool moot court teams, serve as guestspeakers at educational events and pro-mote important health and educationalissues. Most notably, a large percentageof our membership presently participatesin the SCBA Pro Bono Project, whichoffers legal representation to low incomepersons in Suffolk County.

Service has long been a hallmark of theSCBA. Following the 1963 decision ofGideon v. Wainwright, the Legal AidSociety of Suffolk County was estab-lished. From its early days when SCBAmember Ed Clare was the lone attorneyserving criminal defendants, Legal Aidhas grown into a countywide organizationwith more than 60 attorneys defending theneediest of clients. While there are manylaudable efforts one could cite in the longand wonderful history of Legal Aid, noneis more memorable than the story ofButtercup, the errant chimpanzee whounwisely relieved himself (allegedly) on apolice officer. In their defense ofButtercup’s owner, Legal Aid attorneysraised the unique defense that Buttercup, agentle chimp by nature, was simply goingthrough the throes of adolescence. Thestory received national attention withmajor newscasters requesting photo opsof Buttercup decked out in a tutu androller skates. The story will forever beremembered by those public defenderswho gave their all for Buttercup, who waseventually ordered out of Suffolk Countyand into the Staten Island Zoo.

The past century of SCBA achieve-ments has also included a dramaticchange in the composition of SCBAmembership. No review of SCBA historywould be complete without mention ofthe remarkable Syrena H. Stackpole. Ms.Stackpole, a Riverhead native, was thefirst woman from Suffolk County to be

admitted to the New York State Bar in1919. She was the first female attorney inSuffolk County when she opened herpractice in 1928, as well as the firstfemale member of the Suffolk CountyBar Association. In 1931, she became thefirst woman elected to public office in theState of New York when she won a four-year term as a Riverhead Town Justice.Coming only 11 years after women weregranted the right to vote, this was a trulyremarkable accomplishment, and one,which did not go unnoticed in theNation’s capital. Ms. Stackpole wasinvited to Washington, D.C. to meet withnewly elected President Franklin D.Roosevelt and his wife, Eleanor, after theinaugural parade. Ms. Stackpole prac-ticed law until just a few years before herdeath, at age 94, in 1983. In the wake ofthe trail blazed by Ms. Stackpole, 28 per-cent of today’s SCBA membership iscomposed of female attorneys.

The diverse nature of the SCBA can alsobe seen in the establishment of other locallegal associations that have formed.Included among these are the AmistadSuffolk County Black Bar Association, theBrehon Society, the Columbian LawyersAssociation, the Huntington LawyersClub, the Long Island Hispanic BarAssociation, Nassau Suffolk TrialLawyers, the Suffolk County Criminal BarAssociation, the Suffolk CountyMatrimonial Bar Association and theSuffolk County Women’s Bar Association.

As SCBA prepares to extinguish 100candles in 2008, we have pride in theaccomplishments of the past and hope forthe future yet to come. Over the past cen-tury, SCBA has evolved into a uniqueorganization that has always held firm tothe principles of justice, jurisprudence,integrity, honor and cooperationespoused in our original charter. To thetrailblazers who have gone before us, wethank you for the opportunities you havecreated. To the next generation at theSCBA helm, we wish you the best of luckas you face the challenges of tomorrowwith the most noble of standards.

gone to color where appropriate and haveupdated the newspaper’s “Flag” with ourCentennial Ribbon. You will also findwe have instituted new stationary. This isan exciting time for all of us, I know youare proud of YOUR association and itsaccomplishments throughout its years,so, as we plan our future, we will alsocelebrate our past.

In our continuing quest to meet our mis-sion over the years, the SCBA has estab-lished various foundations. These includethe Lawyer Assistance Foundation, thePro Bono Foundation, the SuffolkAcademy of Law, the ScholarshipFoundation, and the SCBA CharityFoundation. Each of these organizationswas established to fill a membership orcommunity need.

The Suffolk Academy of Law wasformed to serve the ongoing needs of thebar back in 1967, some 40 years ago.Last month, the Charity Foundation, ourmost recent entity, contributed $3,000 ingift cards to needy families so theycould purchase holiday gifts for theirchildren. Suffolk County Department of

Social Services handled the distribution.Its founder Joseph A. Hanshe is current-ly chairing this committee. Joe has notonly given his time, but it is through hisand his client Florence M. Glazer’s gen-erosity that this foundation has become areality. Thank you Joe. See more aboutthis donation elsewhere in this edition.

On January 7, the SCBA had its annu-al Judicial Swearing-In and Robing cer-emony. This year’s event took place atthe beautiful new campus of Touro LawCenter. I had the opportunity to robethree new judges, the Honorable TheresaWhelan, the Honorable Dennis Cohen,and the Honorable Chris Ann Kelley. Iwas also fortunate to present awards ofrecognition to two of our reelectedjudges, the Honorable Kevin J. Crowleyand the Honorable Gaetan B. Lozito.

This year’s event would not have beenpossible without the assistance of SuffolkCounty District Administrative Judge theHonorable H. Patrick Leis, III, J.S.C.,George L. Roach, John B. Zollo, our veryspecial Executive Director Sarah JaneLaCova, and Dean Larry Raful of TouroLaw Center. Thank you all for helping in

making this year’s event a great success.On March 20, the SCBA will be coor-

dinating a Blood Drive. Did you knowthat every day, Suffolk County alonerequires more than 800 units of blood? Iam proud that my wife Kim has agreed tospearhead this event. We are asking ourmembership and their families to donate.The collecting will take place from 1 to6:30 p.m. We are also considering givinga one-credit CLE course courtesy of theSCBA and SAL during the donation peri-od to members who donate. In addition,members and family who elect to donateduring the lunch hour will receive a lightlunch courtesy of our friend FiresideCaterers. You may register to donate bycontacting Jane LaCova at 631-234-5511ext. 231 or you may sign up on line at ourwebsite at www.scba.org Please volun-teer to give. Remember, you may not bedying to give blood, but someday youmay be dying to get it!

Members making news:

On December 18, 2007 Amy Chaitoff,Co-Chair of our Animal Law Committee

was featured in the New York LawJournal regarding her successful appealreversing a lower court’s order that Duke,a Pit Bull Terrier be destroyed. Goodwork Amy!

On December 1, 2007, George Roachwas featured in Newsday in the “Ask theExpert” column regarding How SeniorsCan Ward off Con Artists. As many ofyou know, George is our in house experton Elder Law. Good job George!

Again, and most especially now thatwe are in our centennial year, I remindour membership that a Time CapsuleCeremony is to be held on the GreatLawn at the bar center on Saturday, May3. Please mark your calendars. We arestill looking for suggestions and dona-tions of items, which may be placed inthe capsule. If you have an item that youfeel would be appropriate, please send itto the SCBA. Suggestions should be for-warded to Jane LaCova via e-mail [email protected] .

To all of our members, their familiesand friends, have a happy, healthy andprosperous 2008.


losing ten pounds and motivating metowards losing more weight and, of course,buying more of their food. My little redbear, depicted here, was soon joined bytwo more friends, a month later by a littlepurple bear bearing the number 20 (as in20 pounds) and then by a yellow or goldlittle bear bearing the lettering “goal bear”and a monogram of a silver cup rewardingmy stated goal of losing 20 pounds. But Iwould not stop there. I told you that I wasobsessive and stubborn. Remember “I’llshow him?” I was on a roll.

Meanwhile our children with our grand-children began arriving for the holidays.(Remember Pre Christmas Christmas?)My three little bears were now propped onthe bed spread in our guest bedroom. Oursix year old grandson Raymond, whosepicture is in the dictionary by the word“precocious,” spied them and asked if hecould have my red ten pound bear. I said“no” and explained with the help of hisMom and Dad that these bears were spe-cial to Grandpa and represented an accom-plishment that Grandpa was very proud of.I almost relented but was reminded byRaymond’s parents that the little red bearwould probably be discarded by him with-in a few hours of arriving home. We nego-tiated a compromise. Raymond couldsleep with the red bear that night (Ihaven’t gotten around to naming any ofthem), and it would be returned toGrandpa and rejoin his purple and goldsiblings in the morning.

If you think That I’m a big baby aboutthis whole bear thing you must rememberthat I’m the same person who startedpiano lessons a few years at the start of mysixth decade on this planet when most ofthe other students were eight or ten yearold beginners. I insisted that I receive agold star on my sheet music when I suc-cessfully completed a lesson, just like allof the other kids. (Actually I was just kid-ding to get a rise out of my youngteacher…At least I think I was kidding.)

Dishing With the Girls

Other than the obvious, there are manyways that women are different than men.One of them is that women love to talkabout diets and dieting, much more so thanmen. Maybe this has something to do withthe fact that most women (in my humbleopinion) are dissatisfied, at least to somedegree, with their appearance no matterhow beautiful they may be, especiallywhen it comes to weight. Women tend tobe much more self critical than men. Awoman will look into a mirror and worrythat “I put on a pound or two.” A man look-ing in the same mirror, not seeing that mas-sive gut hanging over his belt, will pat him-self on that gut exclaiming approvingly“not bad, not bad at all.” The man thinksthat Adonis is looking back at him from themirror when in reality it is Jabba the Hutt.

I loved talking to all of our greatwomen working at our SCBA headquar-ters. “It’s much easier for men to loseweight.” (That’s true). “John, you weren’t

really overweight.” (Not true, see asExhibit A, Art Shulman’s pictures)“Don’t lose any more weight.” (No prob-lem. See my New Year’s resolution)“How did you do it?” (See stubborn andobsessive, above.)

My Buon’amico MatteoIt is my good fortune some years ago to

have been introduced by the late Ira Kashto Matteo, the little Italian tailor, down onThird Avenue in Bay Shore. Matteo whois at least in his sixties, is probably one ofthe last of a vanishing breed, an experttailor who could make a suit or as leatherjacket or shirt from scratch. Speaking offortunes, it cost me a small one to havemost of my suits, jackets and slacksaltered. It was well worth it. As Matteowent about making “the clothes fit theman” I was able to brush up on my veryrusty Italian language skills as I shuttledback and forth each weekend dropping offsome suits and picking up others. Duringmy weekly visits we would talk aboutMatteo’s musical avocation. He plays themandolin (I’m not kidding), in a bandwith a couple of his Italian friends (pleasedon’t politically correct me with thisitalo-american thing), that will play atsmall weddings or other gatherings. Itcost me an even larger small fortune (isthat an oxymoron?), to buy new suits,jackets, slacks, shirts and whatever tosupplement Matteo’s artistry.

Raccoons in the Attic and It’s Timeto Stop

I recently talked to Lou Mazzola andBob Mitchell, my good friends from theLegal Aid Society. Lou told me that, likeso many others, he made a New Year’s res-olution to lose some weight while Bobsomewhat hesitatingly told me about reno-vations he had done on his home severalyears ago. It seems that during these exten-sive renovations Bob’s wife had been onthe NutriSystem plan and there were loadsof the stuff in their attic. It turns out thatraccoons had infested the house, discov-ered the NutriSystem boxes, tore themapart and…didn’t eat any of the food.

These were probably some very selec-tive or very fat raccoons.

I knew that it was time to stop whenSheryl Randazzo told me that my suit wasmuch too big and that I should buy somenew clothes. The problem is that I waswearing one of my new suits. I had appar-ently lost a good deal of weight betweenthe time I was measured for the suits andthe time I picked them up.

So I am now happily a new me listen-ing to and watching so many others guilti-ly struggling to lose weight and to get intoshape. As for me, I can now easily tie myshoelaces and bound up and down stairswithout huffing and puffing. My oncemassive thighs which were once said tobe like those of an NFL linebacker arenow more comparable to those spindlelegged Kenyan long distance runners. Allof those previously dreaded blood testresults are a lot better. Photo ops are nolonger feared and I am again consumingdelicious food and drink, looking forwardto my New Year’s resolution of puttingon a few pounds.

As for the rest of you…Eat your hearts out!

Note: The author is the Chief AssistantDistrict Attorney for Suffolk County, theimmediate past president of the SCBA andan adjunct professor at Touro Law School.

Every 10 pounds brings a bear.

New Year’s Resolution (Continued from page 4)Our Hispanic Clients (Continued from page 5)

ing a visit from your local Town CodeInspector if you are Hispanic. In fact, therehave been many cases where Hispanicshave bought houses from non-Hispanics,with internal illegal constructions that havebeen there for many years, and were neverbrought to the attention of the Town CodeInspectors.

However, when the Hispanic familymoves in, somehow these same construc-tion irregularities become a problem forthe Town. Has anyone noticed how latelyHispanics tend to be over-represented inTown Code violation court calendars? Dothe families have a cause of action againstthe previous homeowners for selling thema house with Town Code violations, or canthey just sue the attorney who representedthem at the closing for allowing them topurchase a home with these violations; orcan they do both?

Because they don’t speak English, arepoor, uneducated, are short, brown, dresspoorly, look different, have a culturalbehavior that is different, and have needsand priorities different than those of thetraditional Long Island population, theirpresence has created a cultural shock and afear of the unknown in many people onLong Island.

In turn, some Long Islanders have beenable to use their political electoral power tomove the state and local political figures toharass and persecute these people to pushthem out of the region. We saw this politi-cal posturing during the recent elections,where there were candidates using theimmigrant issue to garner votes.

What then are the issues and legal prob-lems related to the undocumented immi-grants?

According to study by the HoraceHagedorn Foundation, there is approxi-mately a total of 329,227 Hispanics on LongIsland, or 12 percent of the total population.Out of these, it is estimated that there are78,000 undocumented immigrants.

Hispanic undocumented immigrants are23.5 percent of the total Hispanic populationon Long Island. This means that the over-whelming majority of Hispanics on the Islandare citizens of the United States, are legal res-idents, or are here under the protection ofsome other form of visa or legal status.

In other words, out of a total Long Islandpopulation of approximately 2,800,000residents, it is estimated that only 2.7 per-cent are undocumented immigrants. So, inreality we are only talking about a 2.7 per-cent problem, and, in my view, a 2.7 per-cent of undocumented immigrants is noteven a minor problem.

Interestingly enough, if the problem real-ly is not that there is a large undocumentedcommunity here on the Long Island, whyall the fuss? One possible explanation is

that some sectors of the larger Long Islandcommunity are reacting to the sudden out-standing growth and presence of the totalHispanic community on Long Island, mostof who are here legally. Is it possible thatsome would want to criminalize the wholeHispanic community under the pretense ofbeing “illegal aliens”? Is the persecutionspecifically against undocumented immi-grants, or is it against the Hispanics popu-lation in general?

I do not believe this is so. I think thereare some individuals who are just misin-formed or are misanthropes; no matterwhat good can come from a situation, orpeople, they are against humanity in gener-al. We can see and hear them when theyspew their venom of hate and in doing so,show their ignorance. The vast majority ofthe people living on Long Island are con-cerned with much more than the issue ofundocumented workers (which as I men-tioned before, is but a 2.7 percent prob-lem). We are concerned with the ever-increasing cost of living on the Island, withthe shortage of decent jobs here, with thelack of affordable housing, and with ourhigh property taxes.

And, at the national level, we are con-cerned with the war in Iraq, the high cost ofenergy, the lack of affordable healthcare, thefact that American businesses are beingbought up by foreigners, and the devaluationof the dollar to name but a few concerns.

There is an old saying: 'If you want toknow who someone really is inside, givethem power.' The stories of abuse andcrimes committed against undocumentedimmigrants by employers, landlords,neighbors, government officials, and oth-ers, are endless; the problems confrontingsecond and third generation Hispanics arenot endless.

Hispanic newcomers must learn our lan-guage and learn our traditions; they mustassimilate to the American way of life with-out forgetting where they come from. Theymust bring their heritage into the fray, forit’s through this mixture that America tobecome greater than it already is.

Strip us of our languages, of our beliefs,of our cultures, and our traditions, and westand naked as one in the eyes of the world.In the end, we are all part of the humanfabric. The laws of our country and ofhuman kind must affect us all in equalmeasure. If they don’t and we allow thisdiscord to reign, we have no one to blamebut ourselves for allowing our de-evolu-tion to happen.

Note: The author is the former presidentof the Hispanic Bar Association with officesin Riverhead and the Commonwealth ofPuerto Rico. He can be reached at (631)369-7373.

sacred enamel than my system couldtoler ate and came down with icon poi-soning.” In Turkey, his cruise wasdelayed when the vessel was found want-ing: “Frogmen had discovered a leak inthe S.S. Iskanderun—or perhaps in itscaptain, my knowledge of Turkish wasrudimentary—and marine urologistsdoubted if either could be made seawor-thy by departure time.”

At a National Book Awards presenta-tion held shortly before he died,Perelman was given a SpecialAchievement Medal, an award that was

unprecedented and uncontested. In grant-ing the medal, the Awards Committeefinally recognized something thatPerelman’s fans have long known andthat Eastward Ha!, his twentieth book ofessays, again proves: Sidney JosephPerelman was one of a kind.

Note: SCBA member William E.McSweeney lives in Sayville and prac-tices Criminal Law and Family Law. Hiswritten work has appeared in theQuinnipiac Law Review, the ABAJournal, The New York Law Journal, andThe New York Times.

Lawyer Lighten Up! (Continued from page 16)


J.P., Hon. Reinaldo E. Rivera, Hon. Fred T.Santucci, and the Hon. Ruth C. Balkin, JJ,found that the lower court erred in orderingDuke’s destruction, stating that the danger-ous dog statute in effect on December 13,2003, exactly four years ago to the day“[D]id not provide that one dog attackinganother was conduct subject to the penaltyof destruction.” (See, Agriculture andMarkets Law former §108, 121; People vNoga, 168 Misc. 2d 131) The court alsostated that, “Moreover, there was no testi-mony adduced at either of the hearings todemonstrate that Duke ever attacked orthreatened to attack any person.” The courtdid however find the alleged incidents suf-ficient to warrant the permanent, secureconfinement of Duke.

Today, Agriculture and Markets Law§121 includes attacks on companion ani-mals as a result of its 2004 amendment.The current version of the Dangerous DogLaw not only provides added protection forcompanion animal victims, but it also pro-vides safeguards to protect the humandefendant’s due process rights and in turnthe accused animal, by making euthaniza-tion of the alleged accused animal a lastresort rather than a knee jerk reaction. Thecurrent law also provides judges with suf-ficient alternatives to permanent confine-ment or as a last resort euthanization. Ifsatisfied that the dog is a dangerous dog,the judge or justice must order neutering orspaying of the dog, microchipping of thedog and one or more of the following; (a)evaluation of the dog by a certified appliedbehaviorist, a board certified veterinarybehaviorist, or another recognized expertin the field and completion of training orother treatment as deemed appropriate bysuch expert; (b) secure, humane confine-ment of the dog for a period of time and ina manner deemed appropriate by the court;(c) restraint of the dog on a leash by anadult of at least 21 years of age wheneverthe dog is on public premises; (d) muzzling

the dog whenever it is on public premises;and (e) maintenance of a liability insurancepolicy. See, current Agriculture & MarketsLaw §121 (2)(a-e).

The law also requires that a hearing mustbe held within five days of an alleged com-plaint and that permanent confinement oreuthanization may be ordered only uponproof of the following by clear and con-vincing evidence; (a) the dog, without jus-tification, attacked a person causing seri-ous physical injury or death; or (b) the doghas a known vicious propensity as evi-denced by a previous unjustified attack ona person, which caused serious physicalinjury or death; or (c) the dog, without jus-tification, caused serious physical injury ordeath to a companion animal, farm animalor domestic animal, and has, in the pasttwo years, caused unjustified physicalinjury or death to a companion or farm ani-mal as evidenced by a “dangerous dog”finding pursuant to the provisions of thissection. See, Agriculture & Markets Law§121 (3)(a-c). An order of humaneeuthanasia shall not be carried out untilexpiration of the 30-day period in order toallow the defendant sufficient time toappeal a dangerous dog finding.

The law also lists instances where a dogshall not be declared dangerous if the dog’sconduct was justified such as, if injury ordamage was sustained by a person who atthe time was committing a crime or offenseupon the owner or custodian of the dogupon the property of the owner, or custodi-an of the dog; if the dog was protecting itselffrom being tormented, abused or assaulted;if the dog was protecting its offspring frombeing physically threatened, or if a personhas in the past tormented, abused, assaultedor physically threatened the dog or its off-spring; or was justified because the dog wasresponding to pain or injury. See,Agriculture & Markets Law §121 (4).

Duke garnered much support while at theIslip Town shelter from the public as well as

the individuals who had cared for him overthe past four years. Several of Duke’s care-takers at the shelter including the recentlyretired Islip Town Shelter Supervisor,Assistant Shelter Supervisor and kennelaides grew to love Duke and his sweet natureand filed affidavits along with others in sup-port of Duke regarding their observations ofDuke’s well-mannered disposition. Theshelter staff found Duke to be a very friend-ly dog that had never shown any aggressiontoward other animals or people. “This wasan exceptional animal shelter, with excep-tional staff, and this was an exceptional dogwith an exceptional case. Not all dogs are solucky,” warned Ms. Chaitoff.

Hopefully what happened to Duke willnever have to happen to another animal.Unfortunately, procedures regarding dan-gerous dog cases needlessly and unjustlyvary widely from town to town, judge tojudge, and town attorney to town attor-ney,” Ms. Chaitoff explained. “In my opin-ion, many do not understand the law. Evenif the owner does have a good case, theysometimes choose not to fight it and justmove on with their lives not realizing therepercussions. She explained that the com-plainant might exaggerate an injury.“Throw in a “sexy” breed that has a badreputation in the press and the owners areafraid to take any chances at fighting thecharge,” Ms. Chaitoff said. “Many ownersdo not understand their rights, and sign astipulation admitting that their animal is‘dangerous’ or has ‘vicious propensities’for fear of their animal being euthanized.”

She added that often owners fear thateven if they have a good case they will lose,and “they don’t want their beloved animalbeing kept in an animal shelter, where theiranimal will feel abandoned, lonely andfearful. These animals are family members,not just pets, and they don’t want to leavetheir family members sitting in the equiva-lent of “jail” without the possibility ofbail,” she said. She believes that more peo-

ple would fight a dangerous dog charge if aconditional bond or bail could be set allow-ing the animal to come home pending theoutcome of the appeal, conditioned on theowner keeping the animal confined.

The good news is that more and morelaw schools around the country are teach-ing animal law, and more state and localBar Associations are developing animallaw committees such as the New YorkState Bar Associations Special Committeeon Animals and the Law, the NYC CityBar’s Legal Issues Pertaining to Animals,and most recently, the Suffolk County BarAssociation (SCBA). The SCBA was thefirst County Bar in New York to start ananimal law committee, chaired by Ms.Chaitoff and marine animal welfare attor-ney, James F. Gesualdi, of Islip. The moreCLE programs and seminars that providedby the Bar Associations to educate ourpeers about the laws that effect animals andtheir guardians, the better those laws willbe applied and enforced correctly, and thebetter animal guardians and their compan-ion animals can sleep soundly.

“The Menendez family is so very grate-ful to the Judges of the Appellate Division,Second Department, for finally bringingsome justice to what seemed to be a neverending emotional and financial nightmarefor them, and for most of all, allowingthem to bring home their beloved boy,Duke,” said Ms. Chaitoff.

Note: The author is a solo practitionerlocated in Smithtown. Her practice focuses onrepresenting clients with animal related legalissues. Ms. Chaitoff is co-founder and Co-Chair of the Suffolk County Bar Association’sAnimal Law Committee, Chair of thePublications subcommittee for the New YorkState Bar Association’s Special Committee onAnimals and the Law and Chair of theInternational Animal Law Subcommittee forthe American Bar Association’s Animal LawCommittee.

HIPAA No Bar to Interviews of Nonparty Doctors (Continued from page 9)

Attorney Wins Freedom For Duke (Continued from page 4)

intended to disrupt current practice wherebyan individual who is a party to a proceedingand has put his or her medical condition atissue will not prevail without consenting tothe production of his or her protected healthinformation’ (65 Fed Reg 82462, 82530).

Next, the Privacy Rule sets out a floor offederal privacy protections whereby statelaws that are ‘contrary’ to the Privacy Ruleare preempted unless a specific exceptionapplies. A state law is ‘contrary’ to thePrivacy Rule, however, only if it would beimpossible for a covered entity to complywith both the state requirement and the Rule,or the former is an obstacle to accomplishingthe full purposes and objectives of HIPAA’s‘administrative simplification’ provisions (45CFR 160.202). Moreover, if a state law man-dates a disclosure, the Privacy Rule permitsthe disclosure under its ‘required by law’exception, which generally allows a coveredentity to disclose protected health informationwithout authorization where disclosure iscompelled by another law (45 CFR164.512[a]).

In addition, where ‘there is a State provisionand no comparable or analogous federal provi-sion, or the converse is the case,’ there is nopossibility of preemption because in theabsence of anything to compare ‘there cannotbe . . . a ‘contrary’ requirement’ and so ‘thestand-alone requirement — be it State or feder-al — is effective’ (64 Fed Reg 59918, 59995).As a result, there can be no conflict betweenNew York law and HIPAA on the subject of exparte interviews of treating physicians becauseHIPAA does not address this subject.Accordingly, the Privacy Rule does not preventthis informal discovery from going forward, it

merely superimposes procedural prerequisites.As a practical matter, this means that the attor-ney who wishes to contact an adverse party’streating physician must first obtain a validHIPAA authorization or a court or administra-tive order; or must issue a subpoena, discoveryrequest or other lawful process with satisfacto-ry assurances relating to either notification or aqualified protective order.

In reversing the Appellate Division andrestoring the orders of the trial courts theCourt of Appeals nevertheless modified thoseorders by deleting any portions of the requiredstipulations not expressly required by HIPAA(e.g., that defense counsel had to provideadversaries with copies of statements or audioand video transcripts), an apparent admoni-tion that in tailoring orders precisely to fit thecircumstances before the court the goal is tocomply with HIPAA requirements for ‘quali-fied protective orders’, not to fashion addi-tional unauthorized protections. Equally asimportant is the high court’s reminder thatnon-party medical providers in possession ofprotected health information are under noduty to cooperate:

Of course, it bears repeating that the [non-party] treating physicians remain entirely freeto decide whether or not to cooperate withdefense counsel. HIPAA-compliant authoriza-tions and HIPAA court orders cannot force ahealth care professional to communicate withanyone; they merely signal compliance withHIPAA and the Privacy Rule as is requiredbefore any use or disclosure of protectedhealth information may take place.

FOOTNOTES1. The precise conditions imposed by the

respective trial courts are of interest, sincecourts granting HIPAA compliant authoriza-tions and orders are also required by HIPAA tofashion ‘qualified protective orders’ that limitscope and prevent subsequent improper disclo-sure of the protected health information. NB,however, that the Court of Appeals removedseveral of these qualifications and conditions onthe ground that they were not expressly autho-rized by HIPAA. See main text, infra.

In Arons the court order required that defen-dants be permitted to interview only after thenote of issue had been filed. It also instructedthat the authorizations on their face state in boldletters that the purpose of the interview was toassist the defendants in defense of a lawsuit andit was not at the request of the plaintiff. Theauthorizations also had to contain the name andaddress of the person to whom the health careprovider may give an interview if he or shewishes and must identify the persons or entitiesthe interviewer is representing and must con-form in all respects to all other requirements ofHIPAA (i.e. 45 CFR 164.508[c]). The courtheld that the authorizations could not be com-bined with a subpoena (query – because thephysicians could not be compelled to give theinterviews ?) and that there had to be a separateauthorization for each interview. Lastly the trialcourt ordered that within 72 hours after theinterview, the defendant provide the plaintiffwith statements (a transcript ?), materials anddocument obtained from the interviewed healthcare provider, as well as audio or video record-ings of any oral statements made by the healthcare provider.

In the related case of Webb v. New YorkMethodist Hospital, conditions included a direc-tion for defense counsel to hand over to hisadversary copies of all written statements andnotations obtained from the physicians during

the private interviews, as well as any audio orvideo recordings or transcripts, and interviewmemoranda or notes (excluding the attorneys’observations, impressions or analyses.

In the third decided case, Kish v. Graham, thecourt’s qualifications were even more precise.The court ordered defense counsel to serve a trialsubpoena upon each physician prior to, or con-temporaneously with, delivery of a HIPAA-com-pliant authorization. The authorization in its turnwas limited by the same qualifications as werecontained in the plaintiff’s pre-note of issueauthorization providing the defendants withaccess to records of the subsequent treating physi-cian; it was the intention of the trial court, the highcourt observed, not to require or allow the inter-viewed physician to provide defense counsel withadditional records. Furthermore, the authorizationhad to be accompanied by a cover letter fromdefense counsel to the subsequent treating physi-cian stating that while the subpoena required suchphysician’s testimony at trial, the physician wasnot obligated to speak with defense counsel priorto trial (query: why then, the need for a subpoenaat that time ?); that the purpose of the requestedinterview with the physician was solely to assistdefense counsel at trial; that if the physiciangranted the requested interview a copy of suchphysician’s records, if any, previously providedto defense counsel would have to be made avail-able to assist the physician during the interview;and that the physician was not required to providedefense counsel with any written material orrecords prior to trial.

Note: The author is the AssociateAdministrator of the Department of ManagedCare at Stony Brook University Hospital, StonyBrook, New York and a member of this associa-tion. His opinions are his own. He may bereached at: [email protected]


How to Get Clients Beyond ‘Sticker Shock’ACADEMY OF LAW NEWS

_________________By Allison C. Shields

As a lawyer, ethics require that your feesbe ‘reasonable.’ But what, exactly, is a ‘rea-sonable’ fee? How do you get your clientspast the “sticker shock” when they see yourfees (even if they are ‘reasonable’)? How doyou create a fee structure that works for bothyou and your clients?

What is a reasonable fee?Alternative billing is on the rise, but many

lawyers still don’t think it will work forthem. One of the problems lawyersencounter when considering value pricingor alternative fee arrangements is the under-standable fear of grievances, magnified bydisciplinary rules that base the reasonable-ness of fees on factors including time andlabor involved in a particular matter, ratherthan on the value of the services receivedand the outcome achieved.

Although many lawyers think that thetime and labor involved are the two mostimportant factors in determining the reason-ableness of the fee, there are other factors toconsider. The ABA Model Rules ofProfessional Responsibility, Rule 1.5 (fees),lists the following factors to be consideredwhen determining whether a fee is reason-able:• The time and labor required, the novelty

and difficulty of the questions involved,and the skill requisite to perform the legalservices properly.

• The likelihood, if apparent to the client,that the acceptance of the particularemployment will preclude other employ-ment by the lawyer.

• The fee customarily charged in the locali-ty for similar legal services.

• The amount involved and the resultobtained.

• The time limitations imposed by the clientor by the circumstances.

• The nature and the length of the profes-sional relationship with the client.

• The experience, reputation, and ability ofthe lawyer or lawyers performing the ser-vices; and

• Whether the fee is fixed or contingent.

Value Pricing and “Reasonableness”

You’ve probably heard stories about feesbeing held ‘unreasonable,’ or novel feearrangements that backfired on the lawyer.You may be afraid that increasing your feesor changing your fee structure will backfireon you. But a careful examination of thosesituations reveals that often, the problemisn’t that the fee itself was unreasonable, butthat the lawyer failed to manage the attor-ney-client relationship properly – specifical-ly managing the client’s expectations, estab-lishing the value of the lawyer’s servicesand agreeing on the fee up front.1

When the client understands the scope ofthe work, the significance of your services,and expressly agrees to the work and the feebefore the work is performed, ‘reasonable-ness’ takes care of itself – when the clientagrees, there is no dispute. In most cases,the court only has the power to review thefee if the client is unhappy.2

But what if you can’t come to an agree-ment with the client? When that happens,the client isn’t the right client for you.And isn’t it better to find out before youtake on the engagement than after thework has been performed and the clientrefuses to pay?

Value Pricing Helps Overcome“Sticker Shock”

Lawyers that use value based and fixedpricing models assert that ultimately, thefixed price lawyer gets better clients, moreloyal clients, and more profits than thehourly billing lawyer.

You may think you can’t move awayfrom hourly billing and still compete withhourly lawyers. But clients who hire anattorney solely based on price are proba-bly clients you don’t want. They probablydon’t understand or appreciate the valueof your services, skill and expertisebecause they aren’t focused on quality. Ifthe client’s highest priority is price, therewill always be another lawyer that can dothe work for less.

Although clients that don’t value your ser-vices are always the most demanding, theleast appreciative, and the least likely to pay,some clients initially ask about price becausethey don’t know how else to comparelawyers. As the expert, it’s your job to edu-

cate the client and to communicate the valueof your services. For those clients you dowant, communicating value is necessaryovercome sticker shock. On the flip side, ifyou never experience any sticker shock orresistance to your fees, your prices are prob-ably too low.

Steps to Overcoming Sticker Shock andCreating a Fee Structure that Works forYou and Your Clients

Most clients will experience some ‘stick-er shock’ when they first learn of your fees.That’s only natural. The key is to get theclient to recognize the sticker shock and bewilling to talk with you about yo ur servicesanyway, especially if the client has theoption to do nothing or to wait to make adecision to retain a lawyer.

Your job is to help the client realize howimportant the matter or their desired out-come is, and how significant your represen-tation is in reaching that goal. If you canwork with the client to articulate that value,the sticker shock should be only temporary.

To overcome sticker shock and communi-cate value:• Determine the client’s most and least

desired outcome;• Discuss the likelihood of achieving the

client’s desired outcome;• Find out what features or services are

most important to the client;• Ascertain and manage the client’s expec-

tations from the outset;• Relate your services back to the client’s

desired outcome and the benefits to theclient;

• Define the scope of work up-front;• Provide the client with options, where

appropriate;• Establish a fee structure and a fee based o

the scope of work an the value before thework is performed;

• Explain the circumstances or variablesthat could change the scope of the workand the fee;

• Agree to price up-front;• Document the scope of work, method of

calculating the fee and the payment termsin writing;

• Use ‘change orders’ or supplemental ser-vice agreements when the scope changes.Although it does take time and effort to

ascertain and com-municate value to aclient, it builds busi-ness, profits and loy-alty - unlike many ofthe activities that areinvolved in hourly orpost-engagementbilling (such as creating and timesheets,reviewing and editing bills, chasing clients forpayment, dealing with clients who don’t payor who constantly argue about bills, etc.).Ultimately, the work that goes into learningabout, establishing and creating value fromand for your clients brings you more and bet-ter business.

Please join us on February 13 for a LunchN Learn at the Bar Association if you’reinterested in learning how alternative billingmight work for your practice.

Allison Shields is the Founder and Presidentof Legal Ease Consulting, Inc., a consultingfirm that helps lawyers create productive,profitable and enjoyable practices. Visit herwebsite at: www.LawyerMeltdown.com andsee her blog, www.LegalEaseConsulting.comfor more information about how to improveyour practice.

FOOTNOTES1. Fees can also be established in phases, usingsupplemental services agreements where a feefor the entire engagement can’t be set up front,such as in litigation.2. There are exceptions to this, such as where fee-shifting applies, where the court determines thefee in a particular case, or where a fee disputearises with another lawyer.

Allison C. Shields

Wi-Fi LocationsIn order to provide the capability for

attorneys and other members of the pub-lic to connect to the Internet form a laptopcomputer while in court, a number ofWIFI locations have been established.They are as follows:

RiverheadCromarty Court Complex

Central Jury RoomLaw Library

Surrogate’s Court2nd floor public area

Family CourtLobby area

Supreme Court, Court Street1st floor lobbyCafeteriaCentral Jury Room2nd floor public hallway3rd floor public hallway

Cohalan Court ComplexFamily Court

2nd floor waiting area2nd floor public hallway3rd floor public hallway

Supreme Court2nd floor public hallway3rd floor public hallwayLaw Library

Office BuildingCafeteriaAttorney loungeCentral Jury Room

District Court, RonkonkomaLobby

increases ‘in kind ... or ... in amount’ fromthe figure specified in the demand forjudgment.” 11 The court then termedSilge’s demand for “such other and fur-ther relief …” as boilerplate from which adamage claim cannot be divined.

Note: The author’s practice includesappeals, commercial litigation, and litiga-tion support. His office is in Melville.

FOOTNOTES1. Lewis Carroll, Alice’s Adventures in

Wonderland (D. Appleton and Co. 1927 (reprint of1866 edition)), p. 94 (accessed on December 27, 2007at the Electronic Text Center, University of VirginiaLibrary, http://etext.lib.virginia.edu/etcbin/toccer-new2?id=CarAlic.sgm&images=images/mod-eng&data=/texts/english/modeng/parsed&tag=public&part=all)

2. See for example, Allied Air Freight, Inc. v.Pan Am. World Airways, Inc., 393 F.2d 441, 444(2d Cir. 1968).

3.Under Fed.R.Civ.P. 72, upon a districtjudge’s referral, a magistrate judge may hearand determine non-dispositive pre-trial matters,

and provide a recommended disposition con-cerning dispositive pre-trial matters. A partymay submit objections to the district judge with-in 10 days after after being served with a copy ofa magistrate judge’s determination or recom-mendation.

Note that the Federal Rules of Civil Procedure,including Rules 54 (addressed below) and 72, wereamended effective December 1, 2007 as part of thegeneral restyling of the rules. The two decisionsthat this article address cite the pre-amendmentrules.

4. Fielding, 2007 WL 4322436*3, citing Millerv. Auto. Club of New Mexico, Inc., 420 F.3d 1098,1118 (10th Cir.2005); Hill v. SmithKline BeechamCorp., 393 F.3d 1111, 1116 (10th Cir.2004); andAlpine View Co. v. Atlas Copco AB, 205 F.3d 208,220 (5th Cir.2000).

5.“[W]e hold that, when a district judge enters anorder disposing of a case without expressly ruling on apending objection filed pursuant to Federal Rule ofCivil Procedure 72(a), the judgment entered pursuantto that order functions as a final order overruling theobjection.” Fielding, 2007 WL 4322436*4. The dis-trict court affirmed, finding no abuse of discretion inthe magistrate judge’s decision that the district judge“implicitly adopted.” Id.

6. Silge, 2007 WL 4258729*1.

7. Id., at *1-*2. The pre-December 1, 2007version of Fed R. Civ. P. 54(c) provided that:

A judgment by default shall not be differentin kind from or exceed in amount that prayed forin the demand for judgment. Except as to a partyagainst whom a judgment is entered by default,every final judgment shall grant the relief towhich the party in whose favor it is rendered isentitled, even if the party has not demanded suchrelief in the party’s pleadings.

See note 2, above, at ¶2. Amended Rule 54(c)states: “A default judgment must not differ inkind from, or exceed in amount, what isdemanded in the pleadings. Every other finaljudgment should grant the relief to which eachparty is entitled, even if the party has notdemanded that relief in its pleadings.”

8. Silge, 2007 WL 4258729*3.9. Id., at *2, quoting from 10 Charles Alan

Wright, Arthur R. Miller, & Mary Kay Kane,Federal Practice and Procedure, § 2663 (1998).

10. Id. The Second Circuit, in a footnote,explained that it did “not mean to suggest that itis ever wise or prudent for a defendant to defaultin reliance on the demand clause.” Id., at foot-note 4.

11. Id., at *2.

Second Circuit Briefs (Continued from page 10)


_________________________By Dorothy Paine Ceparano

“We can judge the heart of a man by histreatment of animals.”– Immanuel Kant

Both the general public and the legalprofession are becoming ever moreaware of and concerned with animalrights and welfare. Animal cruelty . . . petcustody . . . licensing and leash laws . . .wildlife protection . . . laboratory testing. . . and myriad other issues are addressedby the statutory regulations and courtdecisions that come under the diverseumbrella now known, comprehensively,as “Animal Law.”

Attorneys with an interest in the fieldshould take note of two upcoming seminars.

The first, developed by the SuffolkCounty Women’s Bar Association andpresented in conjunction with the SuffolkAcademy of Law and the Suffolk CountyBar Association’s new Animal LawCommittee, is scheduled for February 19,2008. Entitled “Animal Abusers andDomestic Violence,” the seminar willexplore the connection between animalabuse and family violence, includingearly warning signs and the mistreatmentof pets to control spouses or children inabuse situations. The faculty includesMichelle Auletta, a Suffolk Assistant

District Attorney who handles animalabuse cases, and Suzanne Staub of theSuffolk County Coalition AgainstDomestic Violence. A short film,Breaking the Cycles of Violence, willhelp to set the stage for discussion. Theprogram runs from 6:00 to 8:00 p.m. andprovides two MCLE credits. Tuition, at$40, includes a light supper.Brightwaters Abstract, Ltd. has partiallyunderwritten program expenses.

A more wide reaching treatment ofAnimal Law can be found in theAcademy’s third annual program on thetopic, developed this year by the SCBA’sAnimal Law Committee. Entitled “HotTopics in Animal Law Practice,” theseminar, scheduled for the evening ofThursday, March 27, covers a range orissues of interest to lawyers who repre-sent pet owners or handle disputesinvolving animals.

In an “Overview of Companion AnimalIssues,” the first speaker, East Willistonattorney Elinor D. Molbegott, will coversuch issues as the sale of dogs and cats(“Pet Lemon Law”), veterinary negli-gence, abandonment vs. failure to pay,licensing and leash law, and neuter laws.

Following the overview, Amy L.Chaitoff, the chair of the SCBA’s AnimalLaw Committee, will talk about

“Knowing Your Rights in a DangerousDog Proceeding.” This presentation willdelve into both Agriculture and MarketsLaw Section 121 and Suffolk County’sDangerous Dog Law. Witnesses, evi-dence, strategies, and other aspects ofpreparing for and handling the proceed-ings will be covered.

New York City attorney Darryl M.Vernon (Vernon & Ginsburg, LLP) willaddress “Landlord Tenant IssuesInvolving Pets and Assistance Animals.”Drawing from “Pet Law,” the Americanswith Disabilities Act, and zoning law, thepresentation will clarify the differencesbetween service animals and therapy ani-mals and will examine issues related tocustody and assistance animals in public.

“Estate Planning for Animals” – anissue that drew the media spotlight fol-lowing Leona Helmsley’s $12 millionbequest for her white Maltese – will becovered by Sayville lawyer Kathleen A.Carlsson, who was instrumental inbringing animal law CLE to the SCBAmembership and moderated theAcademy’s 2006 and 2007 Animal Lawprograms. Ms. Carlsson will talk aboutpet trusts and making funeral arrange-ments for pets.

Also on the evening’s agenda is a dis-cussion of “Animal Cruelty and Abuse”

by Suzanne McDonough, President of theNew York State Humane Association anda former detective-investigator for theNew York State Police. This presentationwill serve to clarify the differencebetween misdemeanor and felony crueltyand provide guidelines for reporting ani-mal cruelty.

Finally, Herbert (Skip) Kellner(Guttman and Kellner in Smithtown), anactive member of the Animal LawCommittee and its program chair, willprovide a Suffolk Legislative Update.

A question-and-answer period will fol-low the formal presentations.

The program, which runs from 6:00 to9:00 p.m., provides three MCLE credits.Tuition is $75 with MCLE credit, $40 with-out. A vegan/vegetarian supper is included.

Barbara Nieroda is the program plan-ning chair for the February “AnimalAbuse and Domestic Violence” seminarpresented with the Women’s BarAssociation. Eileen Coen Cacioppo is theAcademy liaison for the March “HotTopics” seminar.

To register for either Animal Law pro-gram or for more information, call theAcademy of Law at 234-5588.

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

Two Upcoming Seminars Focus on Animal Law

_______________________By Dorothy Paine Ceparano

For new lawyers, the “leap” from lawschool to law practice can seem fraughtwith uncertainty. Professor-led discus-sions of legal theory become a memory ofa distant – and safer – past, while deter-mining where to stand in the courtroomor how to conduct oneself at a closing canbe intimidating prospects.

“Leap” Year may seem symbolic forrecent graduates hurtling across the greatdivide into a new professional world.Those seeking a safety net should consid-er continuing legal education, especiallycontinuing legal education designedspecifically for the new lawyer.

The Suffolk Academy of Law’s 2008“Bridge the Gap ‘Weekend” – appropri-ately scheduled for Friday, February 29,the leap year marker, and Saturday,March 1 – can answer many of the ques-tions that make the recent graduate’stransition into actual practice so daunt-

ing. Taught by experienced practitionersand members of the judiciary, the class-es comprising the program provide realworld advice, practical instruction, andup-to-date information. The curriculumcovers the bread-and-butter practiceareas with which most lawyers, eventhose in concentrated practices, needfamiliarity.

The first day of the program focuses ontransactional practice: residential realestate, including environmental issues;small business formation; wills andestates, and elder law. In addition, oneinstructional segment delves into com-mon ethical issues, including handlingescrow accounts, avoiding grievances,and understanding the rules coveringlawyer advertising and business solicita-tion. Another segment provides a choicebetween two practical skills topics, legalwriting or the art of negotiating.

On the second day, the emphasis is onlitigation. Beginning with an overview of

the court system, the program covers han-dling a New York civil case (personalinjury and commercial), federal practice,criminal law, and handling an uncontest-ed matrimonial matter. Also included is apresentation on New York Notary Lawand the potential liability the unwarylawyer may face in the seemingly benignact of notarizing a document.

The Bridge-the-Gap Weekend satisfiesone year’s worth of mandatory continu-ing legal education (MCLE) requirementsfor the new lawyer – i.e., 16 transitionalcredits, appropriately divided among themandated categories of ethics, skills, andareas of professional practice. While par-ticipation in the full two-day program isrecommended, those who cannot sparethe time or have already accumulatedsome credits may enroll in either theFriday or Saturday program.

The experienced presenters assem-bled for this year’s Bridge the Gap pro-gram are well known and well respect-ed in the legal community. They’veserved as directors of the SuffolkCounty Bar Association and as Officersof the Academy of Law (theAssociation’s educational arm). Atleast four are past “deans” of theAcademy, and five are past presidentsof the SCBA and other lawyer groups,including the New York State BarAssociation. All are highly experiencedin their particular practice areas.

In order of appearance, the 2008instructors are Barry Warren, HarveyBesunder, Barry Smolowitz, NeilBlock, Gail Blasie, Diane Farrell, LitaSmith-Mines, Frederick Eisenbud,John Calcagni, Scott McBride, George

Roach, Hon. Ralph F. Costello, Hon.Gigi Spelman, D. Daniel Engstrand,Jr., Wende Doniger, Arthur Shulman,Stephen Kunken, William Ferris, andMichael Isernia. Suffolk CountyAdministrative Judge, Hon. H. PatrickLeis III, usually addresses the gatheringat the lunch break on Friday.

The Bridge-the-Gap planning commit-tee includes Stephen Kunken andWilliam T. Ferris, chairs; Barry M.Smolowitz, Arthur Shulman, WendeDoniger, Felix Weinclaw, Alan ToddCostell, and Academy Executive DirectorDorothy Paine Ceparano.

The mandatory continuing legal edu-cation requirement for new lawyers wentinto effect in 1997. The Academy’s newlawyer training program, however, pre-dates that regulation by at least tenyears. In the late 1980’s, the Academyarticulated the need to help new lawyersadjust to the real world of practice anddeveloped an educational program tomeet that need. The Academy’s commit-ment to new lawyer training has beensustained ever since. Through the periodbetween the inception of the Academy’sfirst new lawyer program and now, cur-riculum and format have been adjustedand modified numerous times, based onfeedback from those who have attended.Today, the Academy believes its trainingfor new lawyers is stronger and morerelevant than ever.

For more information on Bridge-the-Gap 2008, see the centerfold of this issueor call the Academy at 631-234-5588.

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

Making The Leap From Studying Law To Practicing Law

ACADEMY OF LAW NEWSMore Academy

News on page 28

Bridge-the-Gap Course Can Be a Safety Net

CLE Scheduling Changes• Postponed: Commercial Real

Estate Series will be held on theevenings of March 11, 18, and 25instead of in February.

• Cancelled: 1031 Exchangesscheduled for February 7.

• Added: Animal Abusers &

Family Violence – February 19(evening)

• Added: Crime Lab Program –Wednesdays, March 12 (body flu-ids, serology, DNA), and April 16(ballistics, firearms, chemistry).Each session at the RiverheadCourthouse – 12:15 p.m.


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

The Suffolk Academy of Law, the educational arm of theSuffolk County Bar Association, provides a comprehensivecurriculum of continuing legal education courses. For themost part, CLE courses listed here will be presented duringFebruary and early March. For information on other coursesto be offered during Winter 2008, please see the Academy’sWinter Catalog.

ACCREDITATION FOR MCLE:The Suffolk Academy of Law has been certified by the NewYork State Continuing Legal Education Board as an accred-ited provider of continuing legal education in the State ofNew York. Thus, Academy courses are presumptivelyapproved as meeting the OCA’s MCLE requirements.

NOTES:Program Locations: Most, but not all, programs are held at the

SCBA Center; be sure to check listings for locations andtimes. Tuition & Registration: Tuition prices listed in the registrationform are for discounted pre-registration. At-door registrationsentail higher fees. You may pre-register for classes byreturning the registration coupon with your payment.

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

Non SCBA Member Attorneys: Tuition prices are discounted forSCBA members. If you attend a course at non-member ratesand join the Suffolk County Bar Association within 30 days,you may apply the tuition differential you paid to your SCBAmembership dues.

Americans with Disabilities Act: If you plan to attend a programand need assistance related to a disability provided forunder the ADA,, please let us know.

Disclaimer: Speakers and topics are subject to change with-out notice. The Suffolk Academy of Law is not liable forerrors or omissions in this publicity information.

Tax-Deductible Support for CLE: Tuition does not fully supportthe Academy’s educational program. As a 501(c)(3) organi-zation, the Academy can accept your tax deductible dona-tion. Please take a moment, when registering, to add a con-tribution to your tuition payment.

Financial Aid: For information on needs-based scholarships,payment plans, or volunteer service in lieu of tuition, pleasecall the Academy at 631-233-5588.

INQUIRIES: 631-234-5588.

WINTER CLE

WINTER UPDATESANNUAL ELDER LAW UPDATE

Thursday, February 14, 2008This is the must-attend program for anyone who handles elderlaw matters. An easy-to-follow instructional style and the keenknowledge of the SCBA’s own guru in the field make the pre-sentation entertaining as well as enlightening.Faculty: George L. Roach, Esq. (Suffolk Legal Aid // Former SCBA President)Appreciation to Program Sponsor: Esquire BankTime: 2:00–5:00 p.m. (Registration from 1:30 p.m.)Location: SCBA Center Refreshments: SnacksMCLE: 3 Hours (2 1/2 professional practice; 1/2 ethics)[Non-Transitional and Transitional]

MATRIMONIAL LAW UPDATEMonday, March 3, 2008

The program those in the field wait for, the 2008 update willhighlight all the important developments in decisional and statu-tory law. It’s not to be missed.Faculty: Stephen Gassman, Esq. Time: 6:00–9:00 p.m. (Registration from 5:30 p.m.)Location: SCBA Center Refreshments: Light supperMCLE: 3 Hours (2 ½ professional practice; ½ ethics)[Non-Transitional and Transitional]

SEMINARS &MULTI-PART PROGRAMS

TIME MANAGEMENT FOR LAWYERS: ALUNCH-TIME SERIES

Series continues, one session per month, as below.Gain skills and insight for making your professional and person-al life less stressed and more rewarding. What to Do & What Not to Do Wednesday, February 27, 2008Effective Delegating Wednesday, March 26, 2008Making Meetings Meaningful Wednesday, April 23, 2008Making Balance in Your Life a Reality Wednesday, May 28, 2008Series Coordinators: Sheryl L. Randazzo, Esq. (AcademyAdvisory Committee Member) and Gail Blasie, Esq. (AcademyOfficer)Appreciation to Program Sponsor: Bank of SmithtownTime: Noon–1:15 p.m. (Registration from 11:30 a.m.)Location: SCBA Center Refreshments: LunchMCLE: 1 ½ Hours (practice management) each session[Non-Transitional and Transitional]

ESTATE PRACTICE 101The second seminar in this duo explores issues ranging fromthe mundane through the complex. If you missed Part I – “Willsvs. Trusts” – it is available in a recorded format (audiotape,CD, videotape, DVD).

WHAT TO DO WHEN SOMEONE DIESTuesday, February 26, 2008

This seminar will address both the probate process and admin-istration when there is no will. Probate forms, waivers of ser-vices, appointment of guardians, the petition, and many other

matters related to probate will be covered, as well as suchissues in administration as choosing an administrator, dealingwith non-marital and/or minor children, and determining who isto be listed on the petition. The program will also cover workingwith or serving as an executor and will deal with such practicalissues as gathering assets; tracking assets and debts; gettingan EIN number; determining what to do with a car; decidingwhat bank accounts to open; handling outstanding medical bills;preparing a simple accounting in the end, etc., etc. Faculty: Scott McBride, Esq.; Richard Weinblatt, Esq.;Linda Toga, Esq.Coordinators: Gail M. Blasie, Esq., and Felix Wienclaw, Esq., CPAAppreciation to Program Sponsor: AXA AdvisorsTime: 6:00–9:00 p.m. (Registration from 5:30 p.m.)Location: SCBA Center Refreshments: Light supperMCLE: 3 Hours (2 ½ professional practice; ½ ethics) [Non-Transitional and Transitional]

Lunch ‘n LearnSEARCH WARRANTS & WIRETAPS

Tuesday, February 5, 2008The focus of this criminal practice presentation will be on issuingor contesting search warrants or wiretaps and finding wiretaps.The skilled faculty will cover not only the underlying law, but practi-cal issues practitioners need to consider. Those who handle eventhe occasional criminal matter will not want to miss this succinct,information-filled program.Faculty: Jerry Garguilo, Esq. (Saint James) Robert F.Ewald, Esq. (Chief of Narcotics Bureau–Office of the SuffolkCounty District Attorney)Coordinator: Stephen Kunken (Commack // Academy AdvisoryCommittee)Time: 12:30–2:10 p.m. (Registration from Noon.)Location: SCBA Center Refreshments: LunchMCLE: 2 Hours (Professional Practice)[Non-Transitional and Transitional]18B Credit: 2 Hours

Lunch ‘n LearnALTERNATIVE BILLING METHODS:How to Make Value Pricing Work

in Your PracticeWednesday, February 13, 2008

Billing can be the bane of the lawyer’s existence: keeping trackof hours and fractions of hours, communicating your methods tothe client, keeping the client content when a matter takes longerthan anticipated, etc., etc. You must have wondered if there’s abetter way. This luncheon program will explore alternatives youmight want to consider – from value billing through other meth-ods that should increase your comfort level with the entirebilling process and add clarity to your dealings with those youserve. You will learn how to determine a reasonable fee, how toget clients beyond “sticker shock,” how to create a fee structurethat works,” and how to communicate value.Faculty: Allison Shields, Esq. (President–Legal EaseConsulting, Inc.; former managing partner of a major law firm;Academy Officer)Appreciation to Program Sponsor: Bank of SmithtownTime: 12:30–2:10 p.m. (Registration from Noon.)Location: SCBA Center Refreshments: LunchMCLE: 2 Hours (Practice Management) [Non-Transitional and Transitional]

Presented in Conjunction with theSuffolk County Women’s Bar

Association & the SCBA Animal Law Committee

ANIMAL ABUSERS & FAMILY VIOLENCE Tuesday, February 19, 2008

The connections between animal abuse and domestic violenceare well documented. Studies reveal warning signs of adult vio-lent behavior among those with an early proclivity to animalabuse, and investigations have shown that where there is petabuse, there is often also spouse or child abuse. This seminarwill explore the relationship between animal abusers anddomestic violence and cover related legal issues, includingobtaining orders of protection in pet abuse situations.Presentations by an expert faculty will be preceded by a com-pelling 20-minute film, Breaking the Cycles of Violence.Faculty: Michelle Auletta, Esq. (Suffolk County AssistantDistrict Attorney) Suzanne Staub (Suffolk County CoalitionAgainst Domestic Violence)Appreciation to Program Sponsor: Brightwaters Abstract, Ltd.Time: 6:00–8:00 p.m. (Registration from 5:30 p.m.)Location: SCBA Center Refreshments: Light SupperMCLE: 2 Hours (Professional Practice) [Non-Transitional and Transitional]

LAND USE SYMPOSIUMWednesdays, March 5, and March 19, 2008

This symposium, presented in two extended evening sessions,will serve as a practical guide to land use law. Planning, control-ling regulations, zoning contests, litigation, and more will becovered; and a variety of perspectives will be presented. A livelyand knowledgeable faculty will take on all the issues of signifi-cance, and you will come away with new insights into the intri-cate – and sometimes contradictory – local, regional, and statelaws that govern land use. Practical tips and ethical guidelineswill be included. Faculty: Hon. Paul J. Baisley; Hon. Emily Pines; Linda U.Margolin, Esq.; David N. Yaffe, Esq.;Terry J. Karl, Esq.;Anthony B. Tohill, Esq.; Maureen T. Liccione, Esq.Moderator: Harvey B. Besunder, Esq. Each Evening Time: 6:00–9:30 p.m. // Registration from 5:30p.m.Location: SCBA Center Refreshments: Light supperMCLE FOR FULL PROGRAM: 7 ½ Hours (6 professional practice; 1 ½ ethics) [Transitional/Non-Transitional]

MATRIMONIAL MONDAYS IN MARCHMondays, March 10, 17, 31, 2008

Three programs comprise this year’s Matrimonial MondaysSeries, the annual program-of-choice for divorce lawyers. Toenhance the practical value of the seminars, demonstrations willcomplement the lectures.I EQUITABLE DISTRIBUTION:

When Is It Not 50/50? March 10Case law, illustrating various unequal distribution scenar-ios will be addressed, with references to valuation dates,enhanced earnings, practices and businesses, com-mencement of subsequent action following voluntary dis-continuance of a prior action, long term separations, etc.A mock trial will follow the lecture.

Faculty: Hon. John C. Bivona; Keith Rieger, Esq.; DorothyA. Courten, Esq.; Donald R. Sallah, Esq.; Arthur E.Shulman, Esq.Coordinator: Robert P. Clemente, Esq.Appreciation to Program Sponsor: AXA Advisors

II CASH BUSINESSES: Special Problems in Valuation March 17This program will demonstrate how to identify and provethe undeclared income of a spouse. Instruction will bebased on a fact pattern involving a husband who is a dis-

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

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


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

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

abled police officer (retired on disability and a stay-at-home dad) and a wife who owns a restaurant with a sig-nificant cash catering business.

Faculty: Hon. Carol MacKenzie; Joel Rackower, CPA; Patricia Condon, Esq.; Jeffrey Horn, Esq.

Coordinator: Arthur E. Shulman

III DISCOVERY & ENFORCEMENT OFDISCOVERY March 31 Focus will be on the all important process of finding thekey information in a matrimonial matter, even when theother side is not immediately forthcoming. Lectures anddemonstration bring out key concepts and provide practi-cal advice.

Faculty: Hon. Mark Cohen; Vincent Stempel, Esq.; Robert G. McDermott, Esq.Coordinator: Linda A.. Kurtzberg, Esq.

Each Matrimonial Program:Time: 6–9 p.m. // Registration from 5:30 p.m.Location: SCBA Center Refreshments: Light supperMCLE: 3 Hours (2 ½ professional practice; ½ ethics)[Transitional/Non-Transitional]

Three-Part SeriesCOMMERCIAL REAL ESTATE

Tuesdays, March 11,18, 25, 2008Virtually everything you want to know about commercial realestate – from pre-contract negotiations through zoning andenvironmental issues – will be covered in this three-part series.SESSION ONE – March 11

Topics: Pre-contract issues/considerations (e.g., choice of entity)Invited Faculty: Abe Krieger, Esq.; Others TBA

SESSION TWO – March 18Topics: Title Issues; Surveys; Mortgage IssuesInvited Faculty: Vincent Ferro, Esq.; Stan Lasher, Esq.; Michael Heller, Esq. Robert Wilk, Esq.

SESSION THREE – March 25Topics: Environmental Issues; Zoning IssuesInvited Faculty: Fred Eisenbud, Esq.; Michael White, Esq.; Chuck Merritt (Environmental Clean-Up Expert); Pamela Green, Esq.; Eugene Barnosky, Esq.; Gary Weintraub, Esq.

EACH SESSION:Coordinators: J. David Eldridge (Chair); John R. Calcagni;

Vincent Ferro; Kevin Johnston; Stanley Lacher; Lita Smith-Mines; Joseph Rosenthal

Time: 6:00–9:00 p.m. (Registration from 5:30 p.m.)Location: SCBA Center Refreshments: Light supper MCLE: 3 Hours (professional practice) [Non-Transitional and Transitional]

Developed by the SCBA County Court CommitteeIN THE CRIME LAB

Wednesdays, March 12, and April 16, 2008Two seminars criminal practitioners will not want to miss will beheld in the crime lab at the Arthur M. Cromarty Courthouse inRiverhead. As space is limited, be sure to register early.Session One (March 12): Body fluids, serology, DNASession Two (April 16): Ballistics, firearms, chemistry (narcotics)Faculty: Hon. C. Randall Hinrichs (County Court); Jeremy J.Sclieppi (Major Crime Bureau–Office of the Suffolk CountyDistrict Attorney); Crime Lab StaffCoordinator: William T. Ferris (Bracken & Margolin // PastAcademy Dean)Time: 12:15 – 1:45 p.m. (Registration from Noon)Location: Arthur M. Cromarty Courthouse–RiverheadMCLE: 1 ½ Hours (professional practice)[Non-Transitional and Transitional]

BRIDGE THE GAP “WEEKEND”FORNEW LAWYERS

Friday, February 29, and Saturday, March 1, 2008This two-day training program provides 16 credits, or a fullyear’s worth of requirements, for new lawyers. The first dayfocuses on transitional practice, the second on litigation.Enrollment in the full program is recommended, but either daymay be taken as a single entity.TRANSITIONAL TOPICS (2/29/08): Ethics; Residential RealEstate; Environmental Law; Small Business Formation; Wills &Estates; choice between Negotiating or Legal Writing workshopMCLE: 8 Hours (2 ethics; 3 skills; 3 prof. practice) -TransitionalTime: 8:00 a.m.–4:45 p.m. (Registration from 7:45 a.m.)LITIGATION TOPICS (3/01/08): Introduction to the CourtSystem; Introduction to Federal Practice; Handling a Civil Case;Handling an Uncontested Matrimonial; Handling a CriminalCase; New York Notary LawFaculty: Barry Warren; Barry Smolowitz; Neil Block; GailBlasie; Diane Farrell; Lita Smith-Mines; Frederick Eisenbud;John Calcagni; Scott McBride; George Roach; SuffolkAdministrative Judge H. Patrick Leis, III; Hon. RalphCostello; Hon. Gigi Spelman; D. Daniel Engstrand, Jr.;

Wende Doniger; Arthur Shulman; Stephen Kunken; WilliamFerris; Michael IserniaMCLE: 8 Hours (1 ethics; 3 skills; 4 prof. practice) - TransitionalTime: 8:30 a.m.–4:30 p.m. (Registration from 8:15 a.m.)Both Days:

Location: SCBA Center (560 Wheeler Rd., Hauppauge)Refreshments: Continental breakfast and lunch buffetProgram Committee: Stephen Kunken; William Ferris; FelixWienclaw; Wende Doniger; Alan Todd Costell; Arthur Shulman;Diane Farrell; Dorothy Paine Ceparano

JANUARY 2008 REGISTRATION FORMReturn to Suffolk Academy of Law, 560 Wheeler Road, Hauppauge, NY 11788

Circle course choices & mail form with payment // Charged Registrations may be faxed (631-234-5899) or phoned in (631-234-5588).Sales Tax Included in recording & material orders.

COURSE SCBAMember

SCBAStudentMember

Non-MemberAttorney

SeasonPass

12Sess.Pass

MCLEPass

Bridge-GapPass

DVD VideoTape

CD AudioTape

Course Book

WINTER UPDATES

Elder Law Update $110 $75 $150 Yes Yes 3 cpn 3 cpn $180 $170 $140 $130 $25

Matrimonial Update $110 $75 $160 Yes Yes 3 cpn 3 cpn $185 $170 $140 $130 $25

MULTI-PART PROGRAMS & SERIES

Time ManagementSeriesFeb - What to DoMarch - DelegationApril - MeetingsMay - Balance in Life

SingleSession =$25 eaThree ormore =$20 ea.

SingleSession =$15 eaThree ormore -$10 ea

SingleSession =$35Three ormore =$30 ea

Yes One usefor threeclasses

Onecouponeach class

Onecouponeach class

N/A N/A N/A N/A N/A

Estate Practice 101 - When Someone Dies $ 85 $ 50 $100

Yes 1 Use3 cpns 3 cpns

$150 $125 $100 $90 $20

Matrimonial Mondays1 Equitable Distribution2 Cash Businesses3 Discovery

$225$90 ea

$100$60 ea

$300$110 ea

Yes Yes - 31 ea

8 cpn3 ea

8 cpn3 ea

$400series$150 ea

$350series$125 ea

$275series$100 ea

$250series$ 90 ea

$50$20 ea

Land Use Symposium $200 $125 $300 Yes 2 Uses 5 cpn 5 cpn $300 $275 $250 $200 $50

Commercial Real Estate Session 1 (Pre-K) Session 2 (Title, Etc) Session 3 (Zoning, Etc)

$200$ 85$ 85$ 85

$100$ 50$ 50$ 50

$250$100$100$100

Yes 3 Uses 8 cpns3 cpns3 cpns3 cpns

8 cpns3 cpns3 cpns3 cpns

$350$150$150$150

$300$125$125$125

$250$100$100$100

$225$90$90$90

$50$20$20$20

Crime LabMarch SessionApril Session

$75$40$40

$45$25$25

$80$45$45

Yes 1 Useeach

1 cpneach

1 cpneach

N/A N/A N/A N/A N/A

SEMINARS & LUNCH ‘N LEARNS

Search Warrant/Wiretap $55 $35 $85 Yes Yes 2 cpn 2 cpn $125 $100 $90 $80 $10

Alternative Billing $50 $35 $60 Yes Yes 2 cpn 2 cpn $125 $100 $90 $80 $20

Animal Abusers & FamilyViolence

$40 $30 $40 Yes Yes 2 cpn 2 cpn TBA TBA TBA TBA TBA

BRIDGE-THE-GAP (TRANSITIONAL) TRAINING

CLE Weekend(Admitted more than 2 yrs.)

$195($300)

$195 $195($350)

YesN/A

Yes–3N/A

N/A Yes–12 N/A N/A N/A N/A N/A

Day 1 only - Transactional(Admitted more than 2 yrs.)

$125($200)

$125 $125($250)

YesN/A

Yes--2N/A


Day 2 only - Litigation(Admitted more than 2 yrs.)

$125($200)

$125 $125($250)

YesN/A

Yes--2N/A


Name:

Address:

Phone: E-Mail

TOTAL TUITION $ + tax-deductible donation = $ TOTAL ENCLOSED

METHOD OF PAYMENT Check (check payable to Suffolk Academy of Law) Cash

Credit Card: American Express MasterCard VISA Discover

Account # Exp. Date: Signature:


SUFFOLK LAWYER SERVICE DIRECTORYTo Advertise Call 631-427-7000

SERVICES

LAWYER-TO-LAWYER ADVERTISING AT

REASONABLE RATES

REACH MEMBERS OF THE BENCH ANDBAR IN SUFFOLK, NASSAU, QUEENS &

KINGS COUNTIES THROUGH

LONG-ISLANDER NEWSPAPERS’

ATTORNEY PUBLICATIONS

631-427-7000

newspapers

REAL ESTATE SECTION

newspapers

OFFICE FOR RENT

SMITHTOWNfurnished office & secretarial station.

Conferenceroom/library, file room,

kitchen, more. Top Quality.

Includes utilities, library, copier,

law journal, cleaning.

631-360-1640

$99 per month• Beautiful corporate setting• Attended reception area • Personalized phone services• Paging - Patching - Voice Mail• Mail receiving, photocopier,

fax services• Conference rooms, furnished

officesat 110 Wall Street

(212) 943-1111www.sri-ny.com

Wall Street OfficeOFFICE FOR RENT

DEADLINES: The third of the month prior to the month of publication. For example, ads for the February publications deadline at the end of the 3rd week in January.

All ads are subject to publisher’s approval.

Fax your ad to: Long Islander Newspapers, LLC.631-427-5820 or call 631-427-7000 for personal assistance

Appears in Attorney of Nassau, Suffolk Lawyer, Queens BarBulletin and the Brooklyn Barrister.

DISPLAY CLASSIFIED RATES READER ADSMin. 15 words

$1 each additional word

1X

3X

6X

10X

150

135

128

120

83

75

70

66

1X

3X

6X

10X

38

34

33

31

1 3/8” X 2” 1 3/8” X 1”

Here’s the best way to reach over

17,000 ATTORNEYS in Queens, Brooklyn, Nassau and Suffolk Counties

Name:__________________________________________________________________

Company: _______________________________________________________________

Address:_________________________________________________________________

City:________________________Street:_______________________________________

Zip:______________________

Phone:_____________________________________Fax:___________________________

We accept Visa

or MasterCard

or payment can be

mailed to: Long Islander

Newspapers, LLC., 149

Main Street,

Huntington, NY 11743

OFFICE SPACE

MELVILLEOffices on Route 110.Newly renovated. Secretarial space,

conference room & internet included.Wired for telephone.

Other amenities. Reasonable.

Call 631-897-5361

BUILDING FOR SALE

RIVERHEADProfessional Building For Sale

Renovated front porch Colonial in historic dis-trict, close to Supreme Court. Onsite parking,handicapped accessible, security system, tele-phone system, AC, underground sprinkler,turnkey condiction.

Ideal for owner occupant or 1031 exchange.

Owner – 516-695-2880

OFFICE SPACE

HAUPPAUGEProfessional office space, 4,048sq. ft., 1 story in 10,000 sq. ft.building Hauppauge, owner occu-pied, windowed offices on 3 sides

(631) 273-7171

OFFICE SPACE

CommackOffice Space for Rent or Possible Purchase

1-4 First Floor Offices with use of waiting room,

conference room and usual amenities

Call Lynne A. Kramer 631-761-7127or email [email protected]

IMMIGRATIONATTORNEY

EXPERIENCEDIMMIGRATION

ATTORNEYJulia R. Binger631-261-0960168 Laurel Avenue

Northport, NY 11768

OFFICE CLEANING

For All Your Cleaning Needs

FOUR STAR OFFICE

MAINTENANCE“The Small Office

Specialists”Serving Western Suffolk

Since 1988Satisfaction Guaranteed

Bonded & InsuredAndrew V. Caranante

Cell: (631) 766-1825

CLASSIFIEDSECTION

APPEARANCESCOURTROOM, EBT’S, CLOSINGS,PER DIEM FOR 212, 718, 914, 516.

IRIS WOLINSKYExperienced, reasonable.

(212) 865-0505.(917) 716-7690

PER DIEM ATTORNEY SERVICES

MARKETING AND PR

I’ll bet you spend more money on gas driving all the way out to riverhead than our

$50 Introductory Special

Reasonable Rates. Reliable Service.You ‘ve got better things to do with your valuable time than sit intraffic. So let an experienced, reliable attorney appear for you.Just brief me on the phone, give me any necessary instructionsand fax any relevant documents. I’ll do the rest and you will havea copy of the order and a complete report by lunch.

Check out our website at SUFFOLKSUPREME.COMOr Contact James D. Moran P: (631) 805-2546

Fax/Voicemail: (866) 860-9323


...Just GotBetterThe Suffolk Lawyer

The Attorney of Nassau County

& The Brooklyn Barrister

advertisers call 631-427-7000

149 Main Street, Huntington, NY 11743 • 631-427-7000 • www.longislandernews.com

Benyamin AbedEric AboulafiaIsaac AbrahamMelissa AbrahamRobert AdlerLauren AhernRichard AinErick AlahverdianEmil AlbaneseGeorge AlexanderSamina AliJessica AlmeidaElizabeth AlvaPamela AnevskiAdam AnsanelliJohn AnselmoLawrence AntonielloCaithlin ApplebyDanielle ArreSardar AsadullahBryan AskewAntonia AssensoPeter AttanasioTracy Auguste-BernorNicanor AvilaLaura AvilesIan AxelrodJason AylesworthDonna AzoulayAmanda BagattaLaura BahmanzadVolha BalandzinaRudolph BaptisteSharon BarkumeSigalle BarnessPaul BaronMichael BaroneSophia BarthelemyJonathan BartlettKhairul BasharGregory BassoSean BeatonHan Sheng BehNatalie BehmJared BehrYan BelenkyJennifer BelkByron BelserSunil BendaleAlexander BergerZachary BeriloffKatie BerkaAlyson BermanHaywood BermanLauren BernardRonald BernsteinJessica BerriosAleksandr BespalovAnthony BiancoMichael BilbaoMatthew BirnbaumLiliana BirzicheShanna BlackJessica BlakePenelope Blizzard-

McGrathJarred BlumerMary BoamahJames BongiornoJessica BookstaverMaggie BoppGregory BorahErica BorgeseBiana BorukhovichChristopher Bowers

Kevin BowmanMichael BranganBenjamin BravmannKatherine BreazierRonald BreuerJohn BrigandiLisa BrockingtonWayne BroderJaime BroderickFelicia BromesKara BrownJamel BrownRonald BrownKerri BruggerNicole BruszewskiMatthew BruzzeseLane BubkaNathan BucarAthena Buchanan-

AlleyneMechelle BuksarBarbara BurkeDenise BurnellKonstantin BurshteynKevin BurtonTeresa ButlerTiffany ByczkowskiMichael BykDeidre ByrneSteven CacciolaKathryn CafaroMetin CaglarSalvatore CalcagnoVincent CandurraAmy CaputoAshley CarltonRoss CarmelJulie CarterDontae CarterMargaret CarucciAlyssa CasaleRosalinde CasaliniKevin CaseyJohn CestaroInbal ChaikinMukta ChandVineet ChandhokMabel ChandyNancy ChaninIlene ChaninVick ChauhanBo ChenGabrielle ChimientiLiya ChitishviliNicholas ChiuchioloSteve ChoeChristian ChoiJakyung ChoiKiren ChoudhryFerdusi ChowdhuryInna ChumikovaMichael CiaccioMaria Antonietta

CipolloneJames CisconeVincent CivitanoMatthew ClarkChristopher ClarkeJennifer ClonmellRiana CohenWilliam CohenScott CohnMatthew ColbertAndrew ColeGregory Coleman

Laura ColemanJulie CollinsDustin CollinsRegina CompetielloJosie Marie ConelleyNicholas ConnollyJohn CooneyLisa CoopersteinMichelle CordnerJason CorrarJesse CotterCyntrena CrossStephanie CunhaLauren CurrieDaniel CutlerDanielle D’AbateRobin DaleoFarije DalipiEric DallooMichael D’AmbrosioJoseph D’AmicoJohn DanziCaitlin DavidsonCourtney DavyOlena DavydanDaniel De PasqualeMaria DeGennaroCaitlin DeGuiloJean DelisleJennifer DellovaThomas DeLucaSimone DemeloDiana DessourcesRambabu DhakalVincent DiazJacquelyn DiCiccoTara Lynn DienerMichael DiGiaroAngelo DiMaggioMegan DiMiceliKristi DiPaoloNicholas DiSalvoNigar DjalilovaSeth DobbsMaxine DonskoiJanika DoobayRobert DooleyTimothy DoughertyJames DoughertyAnita DouglasMelissa DoyleRichard DrumChristian DubucheAlyssa DunnEvrard DuplanLisa DvoskinFawn DyerThomas EckElyse EisenYehudit ElkayamGeorge EmbrianoRebecca EmmansAlison EpiloneJoshua EpsteinJoseph ErnstGiovanni EscobedoGregory EspositoDaniel EversBernard EythBumi FalayeTimothy FallerMichael FarinaJeannine FarinoCrysti Farra-HowardShamus Featherstone

Brittni FeldenkreisJohn FellinBrian FetzkoKathryn FieselerFrank FilopeiHenry-Claude Fils-AimePatrick FinleyGeorge FinnPatricia FinneranJim FiorilloKerry FisherCatherine FitzgeraldJacqueline FortierCarissa FoxSteven FoxBarry FrankensteinAlexander FrankiewiczMark FridmanSansan FungDavid GamzehJaclyn GarfinkelStacey GedellElizabeth GeevarugheseMargarita GekhtbargDionisios GeorgatosGuy GermanoNicole GiambarreseNicholas GiasulloPeter GiattinoJames GibbonsSamuel GiladAndrew GilbrideGregory GillenMartha GillespieKenneth GillespieTimothy GilliganJason GinesJoseph GiordanoKatie GiustiConstantine GleboffPhilip GlorieuxJared GlugethLindsay GodtJustin GoldbergMatthew GoldgrubAnna GoldmanDavid GoldmanErika GoldsteinDaniel Gomez-SanchezYevgeniya GorbachevaRonald GordonGary GorskeCarl GossettDavid GraffHenry GrahamAnnemarie GrattanJamie GreccoRobert GrecoAmanda GreenBethany GreenCarlotta GriffinThomas GriffinKevin GriffithsSalvatore GrimaldoRachel GrinspanJessica GriswoldJoseph Gulino Jr.Sunaina GuptaAnita GuptaCristine Gutierrez-SivecNathan HaberGohar HabibDaniel HallakSamara HalpernLauren Hanley

James HanniganSarah HanoverKatherine HanusDeirdre HectorMasoud HegazyJamie HelfChristopher HennAngelique HermanowskiFranklyn HernandezJennifer HernandezKathleen HerrBarbara HerzbergJohn HillmanAlexandra HintzAdam HirschJulie HirshChristopher HoelzerRandall HolmanJeffrey HomapourJessica HosenboldJames HouricanJeffrey HurlieItrat HussainNicole HutchinsonAnthony IadevaiaAngela IgnelziJudie IlusYosep ImRobert ImrieVeronica IoselevMaritanna IsakovGina IssaMatthew ItkinDerek IveryGinu JacobAlbert JaegersWendy Jean-BartJohn JenningsJayson JohnsChennel JohnsonJoseph JohnsonTodd JonesJeremy JorgensenAndrew JorjikiaStephanie JulianoAdam KamaBoYoung KangIrina KarlovaShahram KashanianYan KatsnelsonMeredith KaufmanJoseph KellermannStephen KempeyJennifer KennedyBrian KenneyBrian KeoghAshley KepkoCourtney KerrTanveer KhanPetrushka KhiamalNader KhuriSookyeon KimJeffrey KimelmanJeffrey KirschbaumMadeline KlotzAndrew KnophYana KnutsonJonathan KobyCourtney KocurDustin KonigsbergEllie KonstantatosArthur KontaxisKarolina KrasnyanskayaLuiza KrkutiManana Kull

Anna KulumbegashviliRachel KupfermanDawn KurcTodd KurlandElizabeth Lambert-GulloOlga LankiosBrett LarsonSalvatore LauritaBennet LederRachel LeeKevin LeeSang-Bo LeeJeongwha LeeMoises LeeLeoney LeeJaime LehrerEvan LernerMark LevinBrian LevineJennifer LevineStephanie LiantonioBrian LibertFerron LienDanielle LightSusan LipskyPatrick LomanCaryl LopezAndrea LorinczLarisa Love ChaleffJames LucarelloMelissa LuckmanMichael LuiZach LyonMalachy LyonsTianna LyonsScott Mac LaganLauchlin Mac NeilJoseph MaehrPatrick MageeJonathan MaidaMalaika MakembeRay MaloneBrendan MaloneyDanielle MalovicJosepha MalvoisinDiane MandleurJonathan MannJessica MannixKathleen MarcheseJonathan MarconiJonathan MarinCharles MarinoSalvatore MarinoMatthew MarkoffAdam MarkouBradly MarksTina Marone-JohnsonDouglas MarquezNathalie MartellyJennifer MartinSuneydis MartinezSarah MarxToniAnn MasciaJessica MascoloDiane MateroMatthew MaysMichael MazalatisSheri McCarthyGerard McCarthyJessica McClungJamie McFarlaneMichael McGrathErik McKennaRyan McKeonMary McLaughlin

Brian McLoughlinPatrick McNamaraThomas McTearDenise MedollaOlga MedyukhAdam MeiskinEthiel MelecioNeal MellertMiriam MetwalyMarissa MeyerAaron MeyerJoseph MilitelloChristopher MillerLindsey MillerJessica MillerMarlena MillerRaymond MillerKristina MiloneRose-May MilordAndrea MimsJacqueline MissickPriyanjali MistryDov MochariMatthew MoisanMichelle MoldovanDanielle MontecalvoElizabeth MorseYuriy MoshesDiana MullaevMichelle MungalsinghJesse MunguiaRafael MunizJacqueline MuratoreKera MurphyCaitlin MurphyImtiaz MussaAli NaraghiLevan NatalishviliMichael NathanKyle NewmanPatrick NolanMelanie NolanBenjamin NorenAthena NormanGregg NovakArjun NrupathungaSamuel NunbergBrooke NuofferKelly O’BrienTimothy O’MearaJacquelyn O’NeilJavier OrtizSandra OstwaldJennifer OverEric PackLauren PadianAlexander PaineHarry PappasJustina ParrelloMelissa Patzelt-RussoMichael PellegriniMarlene PenaDanielle PendlLeigh Ann PerezEmiliano PerezAmanda PerticoneFred PetersKelly PetersBrian PetersonKatie PetittoBrian PeykarSofya PeysekhmanLaura PfeiferBrian PicarelloRobert Pickett

William PikeAnuradha PilliMikhail PinkusovichFrank PipitoneDaniel PodhaskieMargarita PolitisRasheda PollyMakenna PorchShannan PowellSumner PrakkenTimothy PrakopeJennifer PrestiMichael PriscoJennifer PrusieckiEdward PuertaLeonor PurzakShawn QuinnDaniel RabaevAaron RabinovitzShahriar RajuJoseph RakofskyJohn RancourtJoseph RandazzoJacklyn RapaportCindy Raskin RoccoSuzanne RatcliffeNatalia RatsenbergLisa RauschmeierClaudia RaveauInna RaziyevaAri ReiserRosemary RepettoAlyson ReppEvan ResnickCatherine Reyes-

TuzinkiewiczShervin RezaieIan RibaldChristina RickheeramFranco RinaldiChristopher RioMargaret RobinsonRenata RodriguesRichard RodriguezIan RogowDavid RosenJessica RosenthalCarl RosnerJoseph RotkowitzSamuel RubinRosanna RuotoloAlyssa RussoMatthew RussoDennis RyanLara RycykCarol RyderAlbert RyloKristina RyndinaRyan SaastoJacqueline SabareseKatherine SacioloBernadette SafrathJaypreet SahniRobert SalernoMarianne SalibMarcus SalvaTiffany SameyahIsaac SamuelsJaneen SandhuEric SandmanDenise SantangeloRandi SantilliRichard SantosAndrew SaragaTaryn Sardoni

Michelle SassouniGennaro SavastanoMarkian SawczukJessica SaxonElizabeth SayersDanielle Scarpinato-

KoestnerElizabeth ScelzaAdam SchainMatthew SchamesSanford ScharfJennifer SchenkerJoseph SchenoNicholas SchmidtScott SchnepperMelissa SchroederKaren SchwimmerJeanne-Marie ScolloMatthew SegalJill SeiferthRosann SferrazzaArti ShahVeronika ShakhnazaryanHui Chen ShanStephen SharonYelena SharovaAdam ShatzkesMilana ShimanovaChristopher ShishkoNatasha ShishovAleksandr ShkolyarClay ShorrockTimothy ShorttDavid SiguenzaEllie SilvermanDavid SilvermanHeather SilversteinJerry SimonLauren SimonSarah SimpsonMilana SinaniyevaBikram SinghScott SkryneckiStacy SlotnickJason SmaginGeorge SmitAnthony SmithMatthew SmithKristen SoehngenPhillip SolomonJennifer SomerVincent SommellaAlisa SondakJanet SorrentinoCarol SpinnerJon StalhutJoshua SternLouis SternbergNaomi StrizhevskyPatricia SturmYevgeniy SubbotovskiyVindiya SurujpaulAyesha SyedRajiv SyedJames SymancykJadwiga SzajnerWinsome TaikJoshua TaubBrooks TaylorWilliam TeitlerRobyn TempleJo-Ann TengKate ThompsonChristopher ThompsonScott Thornton

Linlin TianJames TierneyJoseph TigroMatthew TokerJessica TolenoRobert TremaroliJonathan TribianoVivek TrivediMichael TruocchioDemetrios TsatisMark TsukermanMelissa TurnerBernadette TuthillPeter ValenzanoCheryl Van DykeCherice VanderhallJacqulyn VannAndrew VanSingelEric VardiRalph VartoloNatalia VassilievaRobbie VaughnIgor VaysbergJenine VellaArtie VentiPaola VeraChristina VersaillesShari ViragChris VirgaJames VlahadamisAlex VonkielTroy WalitskyJason WaltonErin WandyDaniel WarrenHayley WatersDaniel WaxmanJohn WeberSeth WeinbergAshley WeinerPerri WeissmanRachel WeissmanAlana WeliksonBrett WexlerMendy WhiteRena WienerJustin WiezelDavid WildermuthPhillip WilkDaniel WilkensTanisha WilliamsHosana WilsonHeather WineGina WischhusenJessica WoodhouseJohn WoronowichPatricia WrightBahiya WrightJordan YellinArthur YermashJohn YetmanAmmar YousufNi YunSam YusupovRichard ZarcoXiaowen ZengRichard ZgodaTatyana ZhulevaLesel ZiembaMatthew ZimmelmanDerek ZisserPasquale ZitoPaul ZolaJonathan Zuckerman

Welcome Touro Students The SCBA welcomes 100% bar membership participation by the students of Touro Law Center. On behalf of the ExecutiveCommittee and Board of Directors, we thank the Touro support staff and particularly Dean Lawrence Raful for making thisa reality. Please help us extend a warm greeting to the following new law student members. — Barry M.

A GoodThing...

are now in

FULL COLOR

Last spring’s Legal Trade Show spon-sored by the Suffolk and Nassau BarAssociations in conjunction with StateBank of Long Island was a mammoth andexhilarating affair in all respects. Theroom was packed with exhibits. Hugeballoons floated overhead. Lawyers andlaw-office staffers filled the aisles exam-ining a plethora of goods and services.Hundreds attended the free CLE semi-nars. Food, of all sorts (from bagels to hotdogs to a lavish lunch buffet), was ample,delicious, and complimentary.

Microphones crackled with excitementthroughout the day as giveaways and raf-fle prizes were announced.

Plans are now underway for the 2008trade show. Scheduled for Wednesday, May21, at the Huntington Hilton Hotel, the eventshould be a worthy successor to last year’sshow. Would-be exhibitors are advised toseek their spots as soon as possible. Booths(a limited number available) are $900, a feethat covers not only the exhibit space, butother valuable promotional perquisites aswell. Exhibitors will be chosen on the basisof potential interest to the legal profession,overall variety of the exhibit floor, and time-liness of the application.

To inquire about obtaining an exhib-it booth, call Steven Biegelsen (StateBank First V.P.) at 516-240-6248.

_________________________By Patricia M. Meisenheimer

Land Use Law encompasses the fullrange of laws and regulations that influ-ence or affect the development and con-

servation of the land. Whether you repre-sent a municipality, landowner, or devel-oper, you will find the Suffolk Academyof Law’s upcoming symposium a benefi-cial guide to the intricate local, regional

and state issues involved in land use law. Presented over the course of two evenings

– Wednesday, March 5, and Wednesday,March 19 – the symposium aims to broadenthe legal community’s knowledge of landuse planning, regulation and litigation, andto assist the practitioner in avoiding mine-fields in everyday practice.

Ownership of land and the right to alandowner’s full enjoyment of that land isa protected constitutional right; however,this right is not an unrestricted license touse land without regard to the impact ofsuch use upon the land itself and upon therights of others. State law governing landuses, and the local procedures that applyto them, are a blend of both case law andstatutory law. This course will examinehow land use is shaped and controlledthrough government regulation.

The program will provide a comprehen-sive analysis of Land Use Law, integratedwith a full review of the planning, zoningand regulatory framework necessary inthis area of law, including the enactment,administration and enforcement of regula-tions. Comprehensive zoning, the mostwidely used legal tool used to restrict landuse and to implement community plan-ning, as well as land use controls and theconsequences of zoning and planningdecisions, will be explored in depth by anoutstanding faculty. As it is axiomatic thatall who practice in this area must be con-versant with ethical issues that may arisein providing advice to clients and adviso-ry bodies, ethical principles and guidancein land use decision making will beexplored.

The symposium’s eminent facultyincludes Moderator, Harvey B. Besunder,Past Present of the Suffolk County BarAssociation, who will give an update on

post Kelo eminent domain issues; AnthonyB. Tohill, Anthony B. Tohill, P.C., who willdiscuss variances, site planning and wet-lands; Terry J. Karl, Russo, Fox & Karl,who will talk about applications and leg-islative hearings; Maureen T. Liccione,Jaspan, Schlesinger & Hoffman, LLP, onrepresenting municipalities, advisoryboards and preparing an Article 78 pro-ceeding for the municipality; Linda U.Margolin, Bracken & Margolin, LLP, whowill explore in detail Article 78 proceed-ings and declaratory judgments; David N.Yaffe, Hamburger, Maxson & Yaffe, whowill discuss moratoria, Constitutionalityand aspects of litigation; Hon. Emily Pines,Suffolk County Supreme Court, who willdiscuss professional ethical principles andconsiderations; Hon. Paul J. Baisley, Jr.,Suffolk County Supreme Court, who willgive a perspective from the bench, explor-ing the key issues in judicial review of landuse decisions.

The all-encompassing course materialswill be assembled into a comprehensivemanual and land use road map that willserve practitioners well into the future.

During a recent planning meeting, thefaculty enthusiastically and with incrediblepassion, discussed the issues that confrontthe land use practitioner. This knowledge-able, experienced and eloquent faculty willdeliver a noteworthy, comprehensive andnot to be missed program, which promisesto be both an enlightening and entertainingexperience for all who attend.

The author, Pat Meisenheimer, is theDean of the Suffolk Academy of Law andpractices in the area of personal injury,medical malpractice and general litiga-tion with Bracken & Margolin, LLP inIslandia. In addition, she is a Director ofthe Suffolk County Bar Association.


ACADEMY OF LAW NEWS

ACADEMY

Calendarof Meetings & Seminars

Note: Programs, meetings, and events at the Suffolk County Bar Center (560 Wheeler Road,Hauppauge) unless otherwise indicated. Dates, times, and topics may be changed because ofconditions beyond our control CLE programs involve tuition fees; see the CLE Centerfoldfor course descriptions and registration details. For information, call 631-234-5588.

February

1 Friday Meeting of Academy Officers & Volunteers. 7:30–9:00 a.m. Breakfast. All welcome.

5 Tuesday Lunch ‘n Learn: Criminal Law–Searches & Wiretaps. 12:30–2:10 p.m. Sign-in and lunch from Noon.

13 Wednesday Lunch ‘n Learn: Alternative Billing. 12:15–2:30 p.m. Sign-in and lunch from Noon

14 Thursday Matinee: Annual Elder Law Update (George Roach). 2:00–5:00 p.m. Sign-in and snacks from 1:30 p.m.

19 Tuesday Animal Abusers & Domestic Violence. 6:00–8:00 p.m. Sign in and light supper from 5:30 p.m.

26 Tuesday Estate Practice II: After Someone Dies. 6-9 p.m. Sign-in and light supper from 5:30 p.m.

27 Wednesday Time Management Lunch Series: “What To Do and What Not To Do.” Noon–1:15 p.m. Registration from 11:30 a.m.

29 Friday Bridge-the-Gap Weekend–Part I (Transactional Practice). 8 a.m.– 4:45 p.m. Sign in and continental breakfast from 7:45 a.m.Weekend continues on Saturday, March 1–Part II (Litigation). 8:30 a.m.–4:30 p.m. Sign-in and continental breakfast from 8:15 a.m.

March

3 Monday 2008 Matrimonial Law Update (Stephen Gassman). 6–9 p.m. Sign-in and light supper from 5:30 p.m.

5 Wednesday Land Use Symposium (continues on March 19). 6 p.m. Sign-in and light supper from 5:30 p.m.

7 Friday Meeting of Academy Officers & Volunteers. 7:30–9:00 a.m. Breakfast. All welcome.

10 Monday Matrimonial Mondays Series begins. Continues on March 17 and 31. 6–9 p.m. Sign-in and light supper from 5:30 p.m.

11 Tuesday Commercial Real Estate Series begins. Continues on March 18 and 25. 6–9 p.m. Sign-in and light supper from 5:30 p.m.

12 Wednesday In the Crime Lab: Body Fluids, Serology, DNA. 12:15–145. Arthur M. Cromarty Courthouse, Riverhead. (Part 2: April 16–Ballistics, Firearms, & Chemistry)

26 Wednesday Time Management Lunch Series: “Delegating.” Noon–1:15 p.m. Registration from 11:30 a.m.

27 Thursday Hot Topics in Animal Law Practice. 6–9 p.m. Sign-in and light supper from 5:30 p.m.

Revving Up for the 2008 Legal Trade Show

Last year’s trade show floor.

Vendors Invited to Apply for Exhibit Space

ACADEMY OF LAW OFFICERS

Charles E. Berg Eileen Coen CacioppoChanning KuryEric Lee MorgenthalTed M. Rosenberg

Robert K. HowardHon. John KellyCheryl F. MintzFelix WienclawGail Blasie

Michael S. BradyD. Daniel Engstrand, Jr.Richard V. RappaportWayne J. SchaeferRobert G. Wilk

Nancy E. EllisDiane K. FarrellRichard L. FilibertoAllison C. ShieldsJohn C. Zaher

DEANPatricia M. Meisenheimer

Executive DirectorDorothy Paine Ceparano

Exceptional Faculty Assembled For Land Use Symposium

More Academy Newson pages 22-23;

CLE Course Listings on pages 24-25

Documents

The Suffolk Lawyer - January 2008