WWBA
Westchester Women’s Bar Association
JUNE 2015
news
www.wwbany.org
IT IS GOOD TO KNOW THE LAW, BUT EVEN
BETTER TO KNOW THE JUDGE
Charlie Gottlieb
A
n Evening with the U.S.
Magistrate Judges in
White Plains was the topic
of the WWBA’s General Membership Meeting on April 14, 2015 at
La Bocca restaurant in White Plains.
A packed house welcomed Hon.
Paul E. Davidson, Hon. Judith C.
McCarthy, and Hon. Lisa Margaret Donna Frosco, Hon. Lisa Margaret Smith,
Smith. The program offered a unique Hon. Paul E. Davison, Hon. Judith C. McCarthy
opportunity to receive hints on federal practice directly from the Magistrate Judges of the Southern District of New York.
Program co-sponsors included the White Plains Bar Association and the S.D.N.Y.
Chapter of the Federal Bar Association.
It was clear throughout the presentation that each Judge encourages communication and cooperation between the parties. Judge Smith, a WWBA Board member,
pointed out that attorneys can be zealous advocates while still fostering communication and cooperation. Each Judge specifically noted that court intervention on procedural matters, such as discovery and location of depositions, should be a last
resort. In fact, the Judges noted that most disputes are the direct result of a lack of
continued on page 9 ➥
 INSIDE THIS ISSUE
JUNE 2015
 An Interview with
Lisa M. Denig
(page 7)
 Pleading the SOL
Affirmative Defense
(page 8)
 Women’s History Month
Celebration
(page 9)
 WWBA Upcoming Events
(page 12)
 SAVE THE DATE
WWBA ANNUAL DINNER
June 10, 2015
Mamaroneck Beach & Yacht Club
Mamaroneck, New York
GOIN’ CAJUN
BBQ & BLUES
June 17, 2015
The Bayou Restaurant
Mount Vernon, New York
LINDA WILEY MEMORIAL
GOLF AND TENNIS
OUTING
August 11, 2015
Knollwood Country Club
White Plains, New York
Westchester Women’s Bar Association News
 PRESIDENT’S
MESSAGE
Over the past
two weeks, almost
everyone I spoke with
has asked me about
my thoughts on
winding down my
term as WWBA
President. The first
few times I was asked
this question, I hesi- Lucia Chiocchio
tated before I answered because I was a little baffled,
thinking to myself - has it been a year
already? The fact that I am having a
hard time believing my term is almost
over is evidence that I truly enjoyed being WWBA President.
The WWBA’s 40th year was amazing. At the beginning of my term last
summer, I asked each of the WWBA
Committees to coordinate at least one
program this year. Well, my request was
answered with an incredible year of programs and events - about 40 in total.
WWBA programming ranged from Appellate Practice, to Networking and
Business Development, to Health Law
& Elder Practice, to Women in the Legal Profession, to Cyber Law and Ethics, to Estate Planning, to Nazi Looted
Art, and to Heart Health Awareness, just
to name a few. Thanks to the Trusts &
Estates Committee, under the leadership of its co-chairs, Gail Boggio,
Karen Walsh, Anna Parker and Nancy
Rudolf, the WWBA instituted a members-only “brown bag” lunch series.
These lunches were held in conjunction with the New Lawyers Committee,
co-chaired by Lisa M. Denig and Jennifer N. Netrosio. The series was an
continued on page 3 ➥
Page 1
The Westchester Women’s Bar Association is a Chapter of the Women’s Bar Association of the State of New York
 WWBA Member Newsletter
~ 2014/2015 Officers and Directors ~
President LUCIA CHIOCCHIO
Vice PPresidents
residents KIM BERG JOELLE M. BURTON ANN M. McNULTY
Treasurer ROBIN D. CARTON
Recording Secretary LISA M. DENIG
Corresponding Secretary JENNIFER L. GRAY
Immediate PPast
ast PPresident
resident LISA M. BLUESTEIN
Elected Directors Westchester Board
GAIL M. BOGGIO SHARI R. GORDON ERIN N. GUVEN
DANIEL M. KOLKO JULIE P. PASSMAN
JUNE 2015
Published Monthly by the
Westchester Women’s
Bar Association, a Chapter of
the Women’s Bar Association
of the State of New York
State Directors Women’s Bar Association of the State of New York
KATHLEEN DONELLI DOLORES GEBHARDT ANGELA MORCONE GIANNINI
LONYA A. GILBERT JACQUELINE HATTAR JOY S. JOSEPH STEPHANIE MELOWSKY
JENNIFER N. NETROSIO ADRIENNE J. ORBACH SUSAN MILLS RICHMOND
Executive Director SILVIA GALGANO
© Copyright 2015 Westchester Women’s Bar Association. All rights reserved.
The opinions expressed herein are those of the author(s) only and do not reflect the official position of the Association.
Editor-in-Chief: Jennifer L. Gray • Designed and Printed by IPM Media Group, Inc. (516) 809-0501
 2014-2015 WWBA Committee Chairs
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By-Laws .................................................................. Anna L. Georgiou
Corporate & Commercial ............... Lisa M. Bluestein, Marni Rae Robin
Criminal Law ....... Kitley S. Covill, Lisa M. Denig, Hon. Sandra A. Forster
Families, Children & the Courts ........... Shari R. Gordon, Joy S. Joseph,
Hon. Irene Ratner
Grievance/Ethics ...................... Kitley S. Covill, Hon. Janet M. DiFiore,
Erin N. Guven, Deborah A. Scalise
Judicial Screening .............. Loren I. Glassman, Hon. Sandra A. Forster
Judiciary .................. Hon. Delores Brathwaite, Hon. Linda S. Jamieson
Lawyering & Parenting ....................................... Adrienne J. Arkontaky,
Joelle M. Burton, Jana Kosberg-Kleidman
Legislation .......................................... Joelle M. Burton, Lisa M. Denig
Matrimonial ................................. Dolores Gebhardt, Lonya A. Gilbert
COMMITTEES
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STANDING
Membership ..................................................... Kim Berg, Helene Cote
Networking ................................... Jennifer L. Gray, Patricia McCluskey
New Lawyers .................................. Lisa M. Denig, Jennifer N. Netrosio
Professional Development .................... Amy E. Gewirtz, Adam J. Krim,
Stephanie Melowsky
Programs ...................................... Susan D. Edwards, Lonya A. Gilbert
Public Relations ............................... Joelle M. Burton, Jennifer L. Gray
Real Property ............................ Melanie Finkel, Hon. Sandra A. Forster
Sponsorship .................................. Lisa M. Bluestein, Lucia Chiocchio,
Joelle M. Burton
Taxation ....................................................................................... TBD
Trusts & Estates ....................................... Gail M. Boggio, Anna Parker,
Nancy J. Rudolph, Karen J. Walsh
Page 2
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Annual Dinner .......... Robin D. Carton, Lisa M. Denig, Jennifer L. Gray,
Stephanie Melowsky, Jennifer N. Netrosio
Annual Dinner Souvenir Journal ............................... Amanda C. Fried
Appellate Practice ................... Hon. Mark C. Dillon, Daniel M. Kolko,
Hon. Sondra M. Miller, Hon. Robert A. Spolzino
Archive & Historian ...................................................... Susan L. Pollet
Awards .................................. Elizabeth M. Barnhard, Joelle M. Burton
Bankruptcy .................... Susan Mills Richmond, Wendy Marie Weathers
Breast Cancer Awareness ......... Patricia McCluskey, Adrienne J. Orbach
Collaborative Law ............................ Kathleen Donelli, John J. Grimes,
Lynn J. Maier
Community Outreach ... Deborah A. Scalise, Hon. Lisa Margaret Smith
Continuing Legal Education ..................................... Ann M. McNulty
Diversity in Membership ............ Jacqueline Hattar, Stephanie Melowsky
Domestic Violence ...................... Natanya L. Briendel, Audrey E. Stone
Education Law ........................ Adrienne J. Arkontaky, Julie P. Passman,
Susan Mills Richmond
Elder & Health Law ........ Patricia L. Angley, Shari R. Gordon, Mary E. Morrissey
Employment Law ....................................... Kim Berg, Hillary Raimondi
Environmental & Land Use .......... Lucia Chiocchio, Anna L. Georgiou,
Katherine Zalantis
Gender Dynamics ....................................... Hon. Terry Jane Ruderman
Golf & Tennis Outing ........ Gail M. Boggio, Theresa O’Rourke Nugent,
Susan Mills Richmond
Holiday Party ........................... Dolores Gebhardt, Jennifer N. Netrosio
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AD HOC COMMITTEES
Holiday Party/Crafts ................................................ Dolores Gebhardt
Insurance ............................................ Joelle M. Burton, Dawn Warren
Intellectual Property .. Elizabeth M. Barnhard, Theresa O’Rourke Nugent
Judgment Enforcement & Collections ............... Christopher T. Bonante,
Daniel F. Florio, Jr.
Litigation ...................... Angela Morcone Giannini, Jacqueline Hattar,
Kimberly Sheehan
Long Range Planning ............... Lisa M. Bluestein, Carla D. Glassman,
Linda Markowitz, Ann M. McNulty
Mediation ....................................... Geri S. Krauss, Lauren S. Morrissey,
Abby Rosmarin, Jane Silverman
Network of Bar Leaders .................................................. Donna Frosco
Pace Board of Visitors ....................... Gail M. Boggio, Lonya A. Gilbert
Past Presidents ..................................... Jane Bilus Gould, Mary F. Kelly,
Linda Markowitz
Practice Management ......... Jamieson L. Keiser, Wendy Marie Weathers
Pro Bono ......................................... Patricia L. Angley, Carol Neiditch
Technology/Website ............. Donna Frosco, Theresa O’Rourke Nugent,
Deborah A. Scalise
WBASNY Convention ................................................................... TBD
WCBA Director ......................................................... Lisa M. Bluestein
Members on WCA Board ........................................... Lucia Chiocchio
WWBA Foundation President ............................................... Kim Berg
WBASNY Judicial Screening Committee Delegate ....... Gail M. Boggio
WBASNY Mentoring Program Delegate ..................... Mary E. Morrissey
Westchester Women’s Bar Association News
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 Editor’s Note
~ Jennifer
 Making Dates and Getting Published
NEWSLETTER SUBMISSIONS
❑ Deadline for newsletter submissions is the 12th of the month prior to publication (submissions
received after the deadline are subject to the discretion of the editor).
❑ Send submissions as email attachments to Jennifer Gray.
❑ Articles should be 1,000 words or fewer. Remove all pagination, headers, footers or other
formatting, other than bold, underline or italics. Authors are encouraged to submit photographs for publication with their submissions and include a short biographical statement with
their submissions.
❑ Materials submitted allow the WWBA a limited copyright and full permission to reprint the
material in any WWBA publication or on its website without additional consent.
❑ Photographs must be high-resolution (150 dpi or more) and all persons in each photograph
fully identified. Photographs submitted without identifying their subjects will be rejected.
PROGRAM SCHEDULING
❑ First visit the WWBA website: www.wwbany.org and click on the calendar at the home page to
view scheduled programs. Conflicts in scheduling will be assessed on a case by case basis, with
priority for early submissions.
❑ Contact Lisa Denig to schedule a WWBA sponsored or co-sponsored program, including
committee meetings, CLE programs, etc.
❑ Once you have reserved the date with Lisa Denig, proceed with planning your program and
creating your flyer.
❑ Send your flyer* to all contacts listed in the box below. Flyers must be approved by the
Programs Committee. Once approved, the program will be published on the website calendar
and in the printed newsletter calendar and an email will be sent to the membership with your
flyer. (*submit far enough in advance of the 12th of the month to allow for review and approval)
❑ We will also consider publicizing programs that may be of interest to our members from
outside organizations.
❑ Post-event: You may report on the success of your program and provide photographs of the
speakers and participants that can be included in an upcoming newsletter. Send your submission to Jennifer Gray, following the guidelines above.
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HAPPY 40TH ANNIVERSAR
Y TTO
O THE WWBA!
ANNIVERSARY
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Half Page Display Ad
5-10 Issues - $275.00 per issue
1-4 Issues - $300.00 per issue
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Advertising Rates
Full Page Display Ad
5-10 Issues - $525.00 per issue
1-4 Issues - $575.00 per issue
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Contacts
Jennifer L. Gray, Corresponding Secretary and Newsletter Editor-in-Chief: [email protected]
Lisa M. Denig, Recording Secretary: [email protected]
Susan D. Edwards, Programs Committee Chair: [email protected]
Lonya A. Gilbert, Programs Committee Chair: [email protected]
Lucia Chiocchio, President: [email protected]
Ann M. McNulty, CLE Chair: [email protected]
Silvia Galgano, Executive Director: [email protected]
Quarter Page Display Ad
5-10 Issues - $165.00 per issue
1-4 Issues - $180.00 per issue
Business Card Ad
5-10 Issues - $60.00 per issue
1-4 Issues - $75.00 per issue
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continued on page 10 ➥
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excellent opportunity for our new lawyers
to learn from our experienced practitioners.
Actually, having attended a few meetings,
I can say that even some seasoned attorneys learned a thing or two. These series
were so successful that other substantive
WWBA Committees started their own brown
bag lunch meetings.
My goal as President was to maintain
and continue the strength of the WWBA.
Our programs did just that by providing
valuable information and insights that helped
attendees become stronger advocates and
members. This year, WWBA members also
remained strong contributors to our community through participation in Project Protect (a CLE program to train lawyers for pro
bono representation of immigrant children),
providing instructors for CLE programs held
by the Legal Services of the Hudson Valley,
volunteering time and experience at the
Pace Women’s Justice Center for victims of
domestic violence and elder abuse, teaching classes at the Pace New Directions Program, and participating in Team Orbach’s
Making Strides Against Breast Cancer Walk.
The WWBA’s community outreach also included educating local students about our
legal system through the ever-popular Law
Day event which was held on May 20th.
Many thanks to the Hon. Lisa Margaret Smith
and Past President Deborah Scalise for hosting and coordinating this special event for
the students of Yonkers School 23.
One of the most notable accomplishments of our 40th year which increased
the strength of the WWBA was the creation and implementation of the new, fabulous WWBA website. This impressive undertaking was started under the leadership
of Immediate Past President Lisa M.
Bluestein and completed this year due to
the tireless efforts of our Executive Director, Silvia Galgano. For several months,
Silvia remained dedicated to ensuring that
the new website became a useful asset to
the membership and community. The
Website Development Committee, which
included Lisa M. Bluestein, Lisa M. Denig,
Amanda C. Fried, Donna Frosco and Jennifer N. Netrosio, also devoted their time
and ideas to this undertaking, and I sincerely appreciate their efforts.
Another example of WWBA strength
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from page 1
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President’s Message
Classified – office space, furniture/equipment, employment & situation wanted (up to 5 lines)
Members - $50.00 first issue; $25.00 each succeeding issue; Non-Members - $75.00 per issue
Back Cover (3/4 page)
5-10 Issues - $650.00 per issue; 1-4 Issues - $700.00 per issue
Deadline for all ads is the 12th of the month prior to publication. Ads are subject to space limitations.
Call Jennifer L. Gray at (914) 946-4777 for any questions regarding advertising.
Westchester Women’s Bar Association News
Page 3
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Pipe and Drum Band of the Police Emerald
Society of Westchester County
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Donna Frosco, Lucia Chiocchio,
Lisa M. Bluestein
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After opening remarks by the Hon.
Loretta Preska and Hon. Cathy Seibel, the
anniversary celebrants watched a re-enactment of the trial of John Peter Zenger,
listened to the Pipe and Drum Band of the
Police Emerald Society of Westchester
County, and enjoyed a reception at which
posters of the Judges of the Southern District were displayed. Attendees also received materials that provided summaries
of noteworthy cases that were tried at the
courthouse in White Plains and historical
information regarding the Zenger trial. ◗
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On May 14, 2015, distinguished jurists, attorneys, and the general public celebrated the 225th anniversary of the United
States District Court, Southern District of New
York and the 20th anniversary of the Charles
L. Brieant Courthouse at such courthouse
in White Plains. The atrium was decorated
with posters outlining the historical significance of the Hudson Valley counties to the
Southern District system, while a slide show
provided a pictorial history of the construction of the courthouse.
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Lisa M. Bluestein
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Southern District of New York Anniversary Contract Basics CLE
Lisa M. Bluestein
Celebration in White Plains
With an eye toward providing basic
information about contract drafting and
negotiations to the newly admitted and the
uninitiated, the Corporate & Commercial
and New Lawyers Committees sponsored a
CLE called “Contract Basics” on April 28th.
Speakers included Lisa M. Bluestein,
WWBA Immediate Past President and commercial litigation, construction law, and
corporate law attorney, and Hon. Eileen
N. Nadelson, a former NYC Civil Court
Judge, who is now providing mentoring
and document review services
(www.judgeforyourself.info). The speakers
gave tips and advice on avoiding ambiguity, tailoring boilerplate language so that
it is relevant and useful for the contract at
hand, and an overview of particular contract clauses.
Although geared for the contract drafting novice, some who attended the CLE were
seasoned attorneys. These attorneys came
away with some “food for thought” and a
renewed reflection upon their own drafting
techniques.
WWBA wishes to thank Hudson Valley
Bank, its Diamond Sponsor, for hosting the
CLE program. ◗
x Do you have clients who care deeply about the
community?
x Do they give to more than one charitable cause?
x Are they interested in creating a family legacy?
x Are they considering a family foundation, but have
Is giving through a
community foundation
right for your clients?
concerns about cost and administrative complexity?
x Would they like to stay personally involved in the
use of their gift dollars?
x Do they want to receive maximum tax benefits?
x Is sound fiscal management a priority?
I
A division of the New York Community Trust
Page 4
If you answered yes to any of these questions, your
clients should meet us. Contact
Susan Edwards, Esq. at (914) 948-5166 or
[email protected]
Westchester Women’s Bar Association News
WWBA
WESTCHESTER WOMEN’S BAR ASSOCIATION
The
Th Westcchester Women’s
W
B
Bar Asso
ociation
req
quests the pleasur
re of you
ur compa
any at itss
An
nnua
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th
40
0 Anni
A iverssary
y Cellebra
ation
n
and Installa
I
ation
off Officeers
Wednesda
W
ay, June 10, 2015
Mama
aroneck Beach & Yacht C
Club
5:30 p.m. Cockttails
7:00 p.m.
p
Dinn
ner
$180 per
p person
$1,500 for
f table of 10
$90 per
p person
n for coccktails an
nd netwo
orking on
nly
Contacts
C
Dinneer: Lisa M.
M Denig,, Esq. – li
lisadenig@
@yahoo.ccom
Souven
nir Journ
nal: Ama
anda C. Fried,
F
Essq. – afrieed@carto
onrosoff.ccom
Registeer online at www
w.wwbany
y.org
Westchester Women’s Bar Association News
Page 5
Legal Services of the Hudson
Valley Law Day Recap
Defining The Difference
Patricia Angley and Carol Neiditch
On April 29th, Legal Services of the Hudson Valley (LSHV)
hosted a Law Day reception in honor of the seven Pro Bono
Scholars from Pace Law School. Pro Bono Scholars are law
students in their third year who undergo a rigorous selection
process to earn that title. If chosen, they are permitted to take the
Bar exam in February and then perform 500 hours of pro bono
work at a supervising agency, instead of taking classes during
their last semester. In addition to their pro bono work, they attend a weekly scholars’ seminar at the law school. Chief Judge
Lippman introduced the scholars and presented them with a certificate of accomplishment. He announced to the more than 70
attendees that all seven Pace Pro Bono Scholars passed the recent bar exam - the highest percentage in the State! Kudos to the
scholars, especially Susan Papacostas and Leigh Ellis, who are
finishing their internship at LSHV. ◗
▲
Barbara Finkelstein,
CEO LSHV, Chief
Judge Jonathan
Lippman, Pro Bono
Scholars: Arthur
Muller, Jonathan
Alvarez, Susan
Papacostas, Leigh
Ellis, Kristin Motel,
and Pace Law School
Dean David Yassky
Westchester’s Bank for Attorneys for Over 40 Years
Left to right: Anthony Forgione, Assistant VP; Larry McElroen, First VP; Ana Morais, Relationship Manager; Ronald Silvestri,
Senior VP and Avi Azuolay, First VP
We are… 2 Experienced 2 Responsive 2 Client Focused
“We are here for your law firm.”
Larry McElroen
Anthony Forgione
Ana Morais
First VP
Assistant VP
Relationship Manager
(914) 922-9428
www.hudsonvalleybank.com
Member FDIC
BASHIAN & FARBER, LLP
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WE PROVIDE PERSONALIZED AND SOPHISTICATED LEGAL
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GUARDIANSHIP AND GUARDIANSHIP LITIGATION
ELDER LAW
NEGLIGENCE
MATRIMONIAL & FAMILY LAW
LGBT LEGAL ISSUES
COMMERCIAL LAW
BUSINESS & CORPORATE LITIGATION
TAX LAW
APPELLATE PRACTICE
REAL ESTATE TRANSACTIONS &
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WE ACT AS CO-COUNSEL AND TRIAL COUNSEL TO THE BAR
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552 LAKE AVENUE
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www.BashianFarberLaw.com
Page 6
Westchester Women’s Bar Association News
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Westchester Women’s Bar Association News
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Q: All who know you recognize that you are a power
house of energy and commitment. Tell us about your community involvements, and your
second “job” as a spin instructor!
A: Besides my position on the
Board of the WWBA, I currently
serve as the President of Habitat for Humanity of Putnam
County. Habitat is a group that
is near and dear to my heart,
as I believe strongly in “getting
your hands dirty” to help those
in your community who need it
most. I also run the Children’s
Program and teach Sunday
School at my church, volunteer
with the food pantry at the
Putnam Community Action Program, and occasionally per-
Lisa M. Denig
form with the Brewster Theater
Group. My latest passion is
teaching spin classes at the
New York Sports Club. I teach
five spin classes a week, some
as early as 5:45 AM. I love
helping people get into shape
and starting them off on their
day with a good sweat and a
burst of energy. And I don’t
even drink coffee!
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Q: What have been your professional experiences since
graduating law school?
A: After graduation, I was fortunate to work as a law clerk
for the Honorable Lisa Margaret Smith, U.S.M.J., in the federal court in White Plains.
Judge Smith was an incredible
mentor to me, not only teaching me how to write well but
also showing me, through her
example, that everyone is en-
titled to respect and dignity
when they enter a courtroom.
Often we forget that being a
lawyer is a noble profession,
and Judge Smith epitomizes this
idea, treating pro se litigants
and lawyers with respect and
expecting them to do the same.
When my clerkship was over, I
moved to the Westchester
County District Attorney’s Office, where I work in the Appeals and Special Litigation
Division. I am eternally grateful to District Attorney Janet
DiFiore for bringing me into this
very special office. I love writing appeals and I have been
lucky enough to argue several
times in front of the Second Circuit.
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never been and where I did not
know a soul – to pursue a career in the theater. After a successful career as a dancer,
where I was able to perform in
productions that toured all over
the United States, I got married
and started a family. I stayed
home for several years to raise
my children, but used this time
to earn my bachelor’s degree
in political science from Vassar
College. When my youngest
daughter entered school full
time, I went to work as the Communications Director for a State
Senator and then was recruited
to be the Chief of Staff for the
Putnam County Executive. It
was during my stint as Chief of
Staff that I attended law school
at night. That was a crazy time!
Working all day in a very stressful position, racing to attend law
school classes at night, and
raising my two teenage daughters as a single parent. I have
never been so proud as when I
walked across that stage at Pace
to accept my diploma.
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“I believe strongly in ‘getting
your hands dirty’ to help
those in your community
who need it most.”
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Q: Your career path has
been an interesting one.
Describe your professional
experiences prior to becoming a lawyer, and what
prompted you to attend law
school later in life.
A: I always knew that I would
be a lawyer from the moment
I read “To Kill a Mockingbird”
in the sixth grade. However,
I had some other pursuits that
I had to conquer first, specifically working in the theater as
a dancer. I began studying
dance at the age of four and
attended the High School for
the Performing Arts in Pittsburgh, where I grew up. After graduation, I moved to
New York City – a place I had
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Q: You are involved in so
many aspects of the WWBA.
Tell us about how you first
became involved in the organization, and your various
contributions over the years.
A: I was first introduced to
the WWBA when I applied for
and was chosen to receive the
Hon. Sondra Miller Scholarship, given annually by the
WWBA Foundation to a Pace
Law student. When I came
to the dinner to accept the
award, I was struck by the
collegial feeling that members
of the WWBA had and I was
warmly welcomed by Jane
Bilus-Gould, then the director of the Foundation. I knew
that I wanted to be an active
member of this organization
that seemed to revel in the
achievements of their members and energetically supported all women in the legal
profession.
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Susan L. Pollet
Chair of the Archive and
Historian Committee
ADA, Westchester County
District Attorney’s Office
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An Interview with Lisa M. Denig
Q. You have a wonderful
family whom you are dedicated to as well. Tell us about
them.
A: I have two lovely daughters, the youngest of which just
graduated from the School of
Visual Arts and is working as
a graphic designer for Interior Design magazine. My
older daughter is working in
the wine industry and studying for her Master’s Degree
in Italian. It was very important to me, after my divorce,
to show my girls that you cannot let life’s unexpected roadblocks detour you from your
goals. My kids knew that I
always talked of going to law
school so I was determined
to show them that, even
though it was not how I
planned it, I would get my law
continued on page 11 ➥
Page 7
 June Litigation Tip
✦ TOPIC: PLEADING THE STATUTE OF LIMITATIONS
AFFIRMATIVE DEFENSE
Proper pleading of an affirmative defense was addressed in Scholastic Inc. v. Pace Plumbing
Corp., Docket No. 1155155/08 (1st Dep’t, April 28, 2015). Scholastic involved a property
damage claim due to a water pipe break. Plaintiff sued on the grounds of negligence and
breach of contract. Defendant pled a statute of limitations defense (hereinafter SOL),
among others, and moved for summary judgment arguing the claim was time barred. The
lower court granted defendant’s motion on the merits and plaintiff appealed. However,
the Appellate Court reversed holding that the defendant failed to properly plead the SOL
defense because it was included in a boilerplate, catch-all paragraph of defenses which
did not provide the plaintiff with the requisite notice to engage in targeted discovery on
the SOL defense.
The First Department recognized, “A party cannot employ a catch-all provision in an
attempt to preserve any and all potential defenses/objections for future use without affording notice to the opposing party. Moreover, neither plaintiff nor the court ought to be
required to sift through a boilerplate list of defenses, or be compelled to wade through a
mass of verbiage and superfluous matter to divine which defenses might apply to the
case…Even a permissive hypothetical pleading does not extend so far as to authorize a
defendant to plead each and every affirmative defense that might exist without regard to
its relevance to the cause(s) of action presented by the complaint.” Scholastic, supra (internal citations omitted).
It is not often that an Appellate Court suggests the Court of Appeals consider an issue,
but Scholastic calls into question the longstanding decision of Immediate v. St. John’s Queens
Hosp., 48 N.Y.2d 671 (1979). Immediate held a SOL defense does not require identification
of the statutory section relied on or the specific applicable period of limitations. The First
Department however, finds the Immediate decision lacks clarity having no rationale or
cited authority. Moreover, such pleading ignores the model SOL defense embodied in
Official Form 17 and CPLR 3013. CPLR 3013 requires a defendant’s pleading to sufficiently give plaintiff notice of the “material elements” of the defense.
The Court reminds us that since defendant bears the burden of pleading and proving its
affirmative defenses, it is more sensible to require defendants to plead the statute of limitations with as much particularity as in Official Form 17, especially where there are multiple
causes of action and the accrual date is absent from the face of the complaint or the body
of the answer.
Written by Angela Morcone Giannini, Co-Chair, Litigation Committee
Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan
Page 8
Westchester Women’s Bar Association News
It Is Good to Know the Law, But Even Better to Know the Judge
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2015-2016 WWBA Officers ~
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President: Robin D. Carton
Vice Presidents: Kim Berg, Joelle M. Burton
Ann M. McNulty
Treasurer: Amanda C. Fried
Corresponding Secretary: Lisa M. Denig
Recording Secretary: Jennifer N. Netrosio
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State Directors: Angela Morcone Giannini, Lonya A.
Gilbert, Theresa Girolamo, Jacqueline Hattar, Jamieson L.
Keiser, Patricia McCluskey, Stephanie Melowsky, Jennifer
N. Netrosio, Adrienne J. Orbach, Susan Mills Richmond
Elected Directors: Gail M. Boggio, Hélène Côté, Amy
Gewirtz-McGahan, Shari R. Gordon, Daniel M. Kolko
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communication between the
parties, which can leave an
unfavorable impression with the
Judges.
A common problem experienced by all three Judges was
a lack of communication and
cooperation related to discovery demands, which may include tens of thousands of
documents. The Judges recommended that the principal
attorney should appear for discovery conferences to ensure
all decisions can be made during the court appearance.
Along these lines, the
Judges encourage settlement
discussions in each case,
which may include settlement
conferences in chambers or
court annexed mediation. The
Judges stressed having clients
available for all settlement discussions so decisions can be
made on the spot.
Lastly, and an important
reminder to those who practice in the S.D.N.Y., each
Judge reiterated S.D.N.Y.
policy that the Court will “bend
standable form and without legalese. In fact, this suggestion
was made for all cases and
not just those with pro se litigants.
The program was incredibly informative and useful to
all practicing attorneys, not
just those practicing in Federal Court.
In addition to obtaining
constructive information
about appearing before the
Magistrate Judges, the
WWBA members in attendance conducted important
business by casting their votes
on the slate of officers for
2015-2016.
Thank you to WWBA Program Committee co-chairs
Lonya A. Gilbert and Susan
Edwards and thank you to
Donna Frosco, WBASNY Immediate Past President, for
organizing this great event.
Thanks also to Dolores
Gebhardt, President of the
White Plains Bar Association
and Olivera Medenica, President of the S.D.N.Y. Chapter of
the Federal Bar Association. ◗
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from page 1
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WBASNY Officers ~
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gants is frowned upon. Most
importantly, all attorneys
drafting documents in cases
involving a pro se litigant
must be prepared in an under-
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over backwards” for pro se litigants. The Judges advised attorneys to be patient with pro
se litigants because harsh legal tactics against pro se liti-
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President: Andrea F. Composto (Brooklyn)
President Elect: Jacqueline P. Flug (Bronx)
Vice Presidents: Greta K. Kolcon (GRAWA), Amy Baldwin
Littman (Rockland) and Amy Saltzman (New York)
Treasurer: Leyla A. Kiosse (Capital)
Recording Secretary: Anne Joynt (Western)
Corresponding Secretary: Dierdre L. Hay (Finger Lakes)
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Westchester Women’s Bar Association News
ond prize. In the junior/senior category,
Valerie Cimino from Maria Regina High
School won first prize and Jonah Pfeifer from
Yonkers High School won second prize. The
essay topic was: “Several large, national
companies recently offered female employees a benefit that would mean that they could
put off having children and taking maternity leave to focus on their careers. Do you
think this is fair? Does this promote or hinder
gender equality?”
The students read their essays to the
more than 60 assembled guests. Those in
attendance included Justice of the Appellate Division, Second Department, Jeffrey
Cohen; State Supreme Court Justices
Lawrence Ecker, Paul Marx, Mary Smith and
Charles Wood; and former Administrative
Judge of the Ninth Judicial District Francis
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Valerie Cimino, Hon. Terry Jane Ruderman,
Ethan Z. McCullough, Jonah Pfeifer
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Hon. Jeffrey Cohen, Hon. Terry Jane
Ruderman, Robin D. Carton, Lucia Chiocchio
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The Ninth Judicial District Committee
to Promote Gender Fairness in the Courts
recognized the winners of its Annual High
School Essay Contest at a breakfast held
on May 1, 2015 in celebration of Women’s
History Month. Court of Claims Judge Terry
Jane Ruderman, Chair of the committee,
presented the awards. The generosity of
various professional organizations and bar
associations, including the Westchester
Women’s Bar Association and the
Westchester Women’s Bar Foundation, enabled the committee to award cash prizes
to the students.
In the freshman/sophomore category,
Yurong Zhang, from The Master’s School,
won first prize and Ethan Z. McCullough
from Spring Valley High School won sec-
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Suzy I. Hickson, Law Clerk to
Hon. Terry Jane Ruderman
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Gender Fairness Committee Celebrates Women’s History Month
continued on page 11 ➥
Page 9
 Chapter News and Announcements
 Become a New
Member Today
Announcements & Notes on Members
❑ Hon. Eileen N
N.. Nadelson
Nadelson, retired judge, launched a service to the bar that
endeavors to prepare attorneys for hearings and oral arguments by providing feedback
and a judicial perspective to the attorney’s argument. Her website can be found at
www.judgeforyourself.info.
The advantages of joining the
Westchester Women’s Bar Association are
countless. We were founded in 1974, and
❑ Natanya L. Briendel is the recipient of the Most Socially Conscious Above the Bar
Award. The Above the Bar Awards program is a countywide awards program recognizing outstanding Westchester attorneys.
are dedicated to promoting justice in the
❑ Lucia Chiocchio
Chiocchio, WWBA President, wrote an article entitled “800-Year-Old Principle Is Still Relevant to Women,” about the relevance of the Magna Carta to women.
The article appeared in the New York Law Journal's Law Day Issue, dated May 1, 2015,
Page S6.
men who are attorneys, judges, law pro-
study, practice and application of law. Our
diverse membership includes women and
fessors, public officials and public employees.
When you join the Westchester
Denig WWBA Recording Secretary, is the recipient of the WBASNY Rising
❑ Lisa M. Denig,
Star Award. ◗
Women’s Bar Association, you automati-
Classifieds
Bar Association of the State of New York
❑ Convenient to Courts and all major highways, White Plains law firm on Bloomingdale
Road has two windowed offices and two interior offices with three secretarial bays
available commencing May 1, 2015. Receptionist, telephone lines, conference room,
kitchen and free parking also available. Call Ken 914-683-0090 or Kim 914-3971050.
(WBASNY), at no additional cost. WBASNY
❑ Midsized White Plains Law Firm seeks New York admitted attorney. Candidates
need only apply who have 2 - 5 years experience in Will and Trust drafting, Estate
Administration, Guardianships, Real Estate and Business and Corporate Law; transactional and/or litigation experience preferred. Applicant must reside in Westchester
County and have a high class ranking. Please send law school and college transcripts with class ranking as well as resume and a writing sample (Pleading, Motion or
Appeal) to email: [email protected]. ◗
include:
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President’s Message
is comprised of eighteen chapters across
the state with more than 4,000 members.
More professional and personal benefits
Invaluable networking opportunities
Unlimited information resources
CLE programs
Seminars and lectures on
timely legal issues
Attorney support systems
from page 3
Legal advocacy on significant issues
from this past year comes from the Past Presidents. To commemorate the WWBA’s 40th
Anniversary, the Past Presidents established a scholarship for the Pace Law School New
Directions for Attorneys program. This program is designed to provide lawyers reentering the legal marketplace with knowledge of substantive law, professional legal
skills, and practical legal experience. The WWBA is proud to supplement its continued
support of this important program.
The WWBA’s strength is derived from its members and leadership. I was fortunate
this year to have the support of a strong group of officers – Recording Secretary Lisa M.
Denig, Corresponding Secretary Jennifer L. Gray, Treasurer Robin D. Carton; Vice
Presidents, Kim Berg, Joelle M. Burton and Ann M. McNulty. And I would be remiss if
I did not mention the fantastic support of Patricia McCluskey, who pitched in as Corresponding Secretary while Jennifer Gray was on maternity leave. Throughout this past
year, the WWBA Board showed me time and time again how and why the WWBA is
stronger than ever as we celebrate our 40th year.
I owe thanks to my Executive Board and Officers, Kim Berg, Lisa Bluestein, Gail
Boggio, Joelle Burton, Robin Carton, Lisa Denig, Kathleen Donelli, Donna Frosco,
Dolores Gebhardt , Lonya Gilbert, Jennifer Gray, Ann McNulty, Deborah Scalise, and
the Hon. Lisa Margaret Smith. Their support, advice and friendship were indispenscontinued on next page ➥
Page 10
cally become a member of the Women’s
Participation in various and
diverse committees
Involvement in the Westchester
County judicial process
Programs for new members and
newly admitted attorneys
Membership directory
cross-referenced by practice area
Information on professional opportunities
Friendship and fun
To join immediately or for more
information, e-mail
[email protected], or visit
our website at www.wwbany.org. ◆
Westchester Women’s Bar Association News
 Westchester Women’s Bar Association New Members
The Westchester Women’s Bar Association proudly welcomes our newest members:
TO PROTECT THE PRIVACY OF OUR MEMBERS,
THIS INFORMATION IS AVAILABLE TO MEMBERS OF THE WWBA ONLY.
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Westchester Women’s Bar Association News
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able contributors to the WWBA’s strong, successful year.
Needless to say, a strong organization needs a stable foundation. Thankfully, the WWBA has
Silvia Galgano, our Executive Director, whose hard work and dedication to the WWBA ensure that
our foundation remains solid.
I am very excited about the future of the WWBA and I am confident that it will continue to
strengthen under the leadership of Robin D. Carton. Robin is an effective and compassionate
advocate. Her commitment to the WWBA is evident from her service as Vice-President, Treasurer,
and Co-Chair of the Awards Committee as well as her service to the WWBA Foundation as
Treasurer and Board member. Her skills as a mediator and her legal acumen will surely advance
the WWBA mission and launch our organization to our next 40 years and beyond.
I will cherish my experience this past year as WWBA President and I am certain that when I
reflect on this period of my life, I will remember it as one of the most rewarding experiences of my
life. I am sincerely grateful for this opportunity to serve as WWBA President and look forward to
many more years of WWBA service and many more WWBA anniversary celebrations.
Happy 40th Anniversary! ◗
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from previous page
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President’s Message
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Q: What advice do you have
for women who want to switch
careers, as you did?
A: Just do it! Ignore the
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Q: What direction would you
like to see the WWBA take as
an organization?
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Q: What do you hope to
achieve going forward in your
professional life?
A: Right now, I am working at
being the very best appellate
writer and arguer that I can be. I
enjoy arguing in front of the Second Circuit and I would be thrilled
to argue in front of the Supreme
Court one day – although I’m
sure my office would not want to
be involved in a case that went
that far!
A: I would like to see the
WWBA take on a greater role
in the area of community service. We have a tremendously
generous group and I know, if
given the opportunity, that our
members would come forward
to help with projects such as
working on a Habitat site or
volunteering as a group at a
food pantry. Our members
work hard to provide support
and services for women in the
legal community but I know that
many of them have mentioned
how they would like to expand
their service by giving back in
these type of areas.
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graciously donned the long
grey beard and robe! I am
blessed to have a partner who
willingly goes along with all my
wild ideas.
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degree. It was immensely difficult on all of us - they both
learned at a young age how
to heat up chicken nuggets
and do their own laundry! But
they often tell me that they
could not find a better role
model and they are so proud
to have a mother who illustrated in her own life what one
determined woman can
achieve. Even better, I now
get to share my accomplishments with my new husband,
Jim Carpiniello, who not only
supports me in my many endeavors but actively participates. When I needed someone to dress up as Moses for
my Sunday School lesson on
the Ten Commandments, Jim
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from page 7
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An Interview with Lisa M. Denig
naysayers, close your eyes to
the roadblocks and focus on
your goal. Do as much as
you can in any one day and
then go to sleep and get up
and do it all over again. There
were so many reasons why I
should NOT have gone to law
school – money, family, work
– but I was undeterred. This
was my dream and I was going to make it happen. Believe
me, it was a circus for those
four years but I wouldn’t
change a thing. I love my job
and the work that I do; I simply couldn’t be happier. And
when I face a situation that
seems a bit daunting, I look
back at what I’ve already accomplished and suddenly, the
problem facing me seems a
whole lot easier! ◗
Women’s
History Month
from page 9
Nicolai. Also in attendance were
representatives of various professional organizations and bar
associations including President
Lucia Chiocchio and PresidentElect Robin D. Carton from the
Westchester Women’s Bar Association.
The committee anticipates
that this contest and awards
breakfast will become an annual event, and expect even
greater district participation in
the future. ◗
Page 11
 WWBA Schedule of Upcoming Events
COMMITTEE
DATE/TIME
PLACE
TOPIC
RSVP (also online at www.wwbany.org)
WWBA
6/10/15
5:30-10:00 pm
Mamaroneck Beach and
Yacht Club
Mamaroneck, NY
WWBA Installation
of Officers and 40th
Anniversary Dinner
[email protected]
Diversity Committee
6/17/15
5:30-8:30 pm
8/11/15
Goin’ Cajun BBQ
and Blues
Networking Event
Linda Wiley
Memorial Golf &
Tennis Outing
[email protected]
WWBA
The Bayou Restaurant
580 Gramatan Ave.
Mount Vernon, NY
Knollwood Country Club
White Plains, New York
[email protected]
Unless otherwise indicated, events are for WWBA members and invited guests only.
The opinions expressed by any program presenter are the presenter’s own, and do not reflect
the official position of the WWBA.
WWBA is a chapter of WBASNY which is an approved provider of CLE credit. Full and partial scholarships for CLE programs based
on financial need are available. For information on the guidelines and procedures for applying, please contact the person running
the program. All requests are strictly confidential. All programs are for transitional credit unless the program states otherwise.
REMEMBER, YOU CAN FIND THE WBASNY WEB PAGE
AT WWW.WBASNY.ORG.
PLEASE REMEMBER TO RECYCLE
Connect
with
us
THE WWBA MEMBERSHIP PERIOD IS
JUNE 1 THROUGH MA
Y 31.
MAY
RENEWALS FOR 2015-16 ARE DUE
JUNE 1, 2015