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Vol. 49 | No. 5 | January 2010
Bar Association of Erie County
BULLETIN
w w w. e r i e b a r. o r g
President’s Letter
Skretny to Succeed Arcara as Chief Judge for Western District
United States District Court
Judge William M. Skretny will succeed Hon. Richard J. Arcara as
Chief District Judge for the
Western District of New York,
effective January 1, 2010. Judge
Arcara recently completed his
seven-year term as Chief and will
continue to serve as an active district judge. Skretny will succeed him as Chief for a
seven-year term. He is the next most senior active
judge in the Western District. He joined the District
Court in 1990 after being nominated by President
George H. W. Bush to a seat vacated by Hon. John
Curtin as Curtin assumed senior status.
By Robert N. Convissar
“This is a very humbling experience for me,”
Skretny says, adding that he is “deeply honored to follow Judge Arcara” in the position. “I am truly blessed
because my colleagues in Rochester and Buffalo and I
share the same core values and mission as a Court, that
is, to commit ourselves to the fair, impartial and efficient administration of justice for all.”
AULD LANG SYNE
I am planning this letter in my head as I am
lying flat on my back within an MRI machine.
The only good thing about the loud clanging
sound is that it takes my mind off the pain emanating from my lower back. Good old L4-L5.
Thoughts flow through the mind and time
seems to slow - but then everything is relative.
Once out of the machine, the real world intrudes
again. I don’t think that I am alone in feeling that
at the end of the year, time seems to hurtle along
at an astonishing and accelerating pace.
Thanksgiving becomes Christmas becomes New
Years all in a flash - a blur of time. This feeling is
intensified for me by the fact that deadlines for
the Bulletin being what they are, I am writing this
on Thanksgiving for publication at the first of the
year. All while in pain. By the way, could someone
tell me what the lyrics of Auld Lang Syne mean?
And isn’t that a line near the end of the movie
“When Harry Met Sally?”
The end of the year usually causes one to be in
a reflective mood. We should pause to give thanks
for all that we have. Every day, those of us blessed
with health, wealth and love should strive to help
those who are not so fortunate, not so healthy or
not so blessed.
No group gives more of themselves then
lawyers. We fund our Bar Foundation. We spend
our time doing good work on behalf of those who
otherwise can’t afford our services. We adopt families for the holidays. We donate toys for children
and food for the hungry. We help the homeless
find shelter from winter storms. We do what we
can because we can. And we help our own.
On November 18, 2009, the legal community
came together in an outpouring of love and faith
to support Mary Donogher, a solo practitioner and
friend who represents disadvantaged clients in
continued on page 6
“The Bar Association has always had a close relationship with the federal judiciary,” according to BAEC
president Robert N. Convissar. “We look forward to this
continuing now that Judge Skretny is the Chief Judge
and to working with him as the new federal courthouse
becomes a center point for the legal community.”
A graduate of Canisius College, Skretny received
his JD degree from Howard University Law School. He
also received a Master of Laws degree from
Northwestern University School of Law, where he was
a fellow of the Ford Foundation. Skretny began his
legal career in the U.S. Attorney’s Office for the
Northern District of Illinois in Chicago in 1971.
Upon his return to Buffalo, he held both the first
assistant U.S. attorney position for the Western District
of New York and the first deputy district attorney position for Erie County. While in private practice, he was
a partner in the Buffalo law firm of Duke, Holzman,
Yaeger and Radlin. Skretny served in Washington, DC
as a special prosecutor investigating media leaks in the
ABSCAM and BRILAB political corruption investigations. He also headed the United States Attorney
General’s Advocacy Institute in Washington, D.C., a
training facility for litigating government attorneys.
Since taking the bench, Judge Skretny has
presided over several high profile cases including the
Lackawanna Six, Buffalo Inner Harbor Development
Case, Seneca Nation Casino Case, Dunkirk and
Huntley Power Plant Emmissions Case, and the Piccoli
Ponzi Scheme Criminal Case. Currently, Judge Skretny
has been appointed the presiding judge for the
Multidistrict Litigation of the Flight 3407 Air Disaster
Cases.
continued on page 4
Annual Food Drive Effort to Focus on Monetary Donations
Did you know that a
donation of just $15 can
feed a family of four for a
week? Or that – contrary to
popular belief – the hungry
people in our community and
across the nation are not just the
homeless? They are often
employed, or live in a household
with someone who is. They are
the working poor who struggle
to provide the daily necessities
that so many of us take for
granted. For the past 20 years,
the Bar Association of Erie
County has expressed its commitment to helping the hungry in our community
through its Have-A-Heart food drive. Over the history
of the drive, several tons of food and substantial finan-
cial support have been provided to the
Food Bank of Western New York.
This year’s drive will again focus primarily on monetary contributions. Law
firms that wish to collect non-perishable food items may also continue to do
so and the Food Bank of Western New
York will arrange to pick up the donated
items. Please help the hungry in our
community by mailing your donation to
the Food Bank of Western New York, 91
Holt Street, Buffalo, New York 14206.
Checks should be made payable to
the Food Bank of Western New
York and received by Valentine’s
Day, February 14th. All donors will
receive written confirmation of their contribution
directly from the Food Bank.
Ring in the New Year…
at the 2010 Judicial Welcoming Ceremony
to be held on January 14 at 1:00 pm in the
Ceremonial Courtroom.
ALL OF US AT THE BAR ASSOCIATION EXTEND OUR WARMEST WISHES FOR
A NEW YEAR FILLED WITH PROMISE AND POSSIBILITY.
PAGE 2
www.eriebar.org | January 2010
Vol. 49 | No. 5 | January 2010
BAR ASSOCIATION OF ERIE COUNTY
Organized 1887
438 Main Street, Sixth Floor | Buffalo, New York 14202
(716)852-8687 | fax (716)852-7641 | www.eriebar.org
Bulletin correspondence: [email protected]
EDITORIAL BOARD
Editor ............................................Bonnie D. O’Brian
Law Editor ....................................Jeffrey A. Spencer
Tax Notes Editor ..........................Gary D. Borek
Art Editor ....................................Hon. David J. Mahoney
(1960-2008)
Editorial Assistant ........................Susan L. Kohlbacher
OFFICERS AND DIRECTORS | 2009-2010
President ......................................Robert N. Convissar
Vice President ..............................Scott M. Schwartz
Treasurer........................................Laurie Styka Bloom
Deputy Treasurer ..........................Vincent J. Moore
Executive Director........................Katherine Strong Bifaro
BOARD OF DIRECTORS
Peter F. Brady, Brian C. Mahoney, Nancy W. Saia, Kathleen M. Sweet,
Lawrence C. Franco, Daniel J. Henry, Jr., E. Michael Semple, Kevin W.
Spitler, Patrick J. Brown, Jennifer M. Dillon, Lynn D. Gates, Bridget M.
O’Connell.
LIFE MEMBERS
Mark A. Adrian, Carol J. Alaimo, Brian D. Baird, Lynn A. Clarke, William J.
Cunningham, Eric P. Doherty, Victor J. Gagliardi, Sharon Stern Gerstman,
Jean E. Gittler, Donald J. Holzman, Stanley Kwieciak III, J. Eldon Owens,
Lauren D. Rachlin, Jeffrey A. Spencer, James M. Wadsworth.
Would you like to see your name here? See page 4 to find
out how to become a contributing member.
CONTRIBUTING MEMBERS
Joan Casilio Adams, Peter S. Aiello, Donald A. Alessi, Grace Marie Ange,
Richard J. Attea, Hon. Rosalie M. Stoll Bailey, Hon. Tracey A. Bannister,
Stephen E. Barnes, Edwin T. Bean, Jr., Thomas R. Beecher, Jr., Ronald P.
Bennett, Leonard Berkowitz, David W. Beyer, Richard S. Binko, Richard N.
Blewett, Michael M. Blotnik, Harold J. Brand, Jr., Peter J. Brevorka, Phillip
Brothman, James E. Brown, T. Alan Brown, Joel Brownstein, David Buch,
Sarah Hill Buck, James P. Burgio, Michael C. Burwick.
John F. Canale, James N. Carlo, John J. Carney, Peter B. Carr, Alan S. Carrel,
Francis X. Carroll, Thomas R. Cassano, Stephen E. Cavanaugh, Ferdinand
J. Ciccarelli, John F. Collins, William B. Collins, Anthony J. Colucci, Jr.,
Robert B. Conklin, Robert N. Convissar, Edward C. Cosgrove, Peter L.
Costa, Paul Crapsi, Jr., Douglas S. Cream, Hon. John T. Curtin, Steven P.
Curvin, Roger T. Davison, Dennis J. Dee, John M. Dempsey, Richard F.
DiGiacomo, Anne C. DiMatteo, David A. Doll, Dean M. Drew, Hon. Timothy
J. Drury, Marvin T. Dubin, Robert E. Dwyer, Donald B. Eppers, Leo J. Fallon,
Victor N. Farley, Mark G. Farrell, Gabriel J. Ferber, Michael E. Ferdman,
Robert P. Fine, Peter J. Fiorella, Jr., Brian P. Fitzgerald, Richard E. Forrestel,
Jeffrey M. Freedman, Maryann Saccomando Freedman, Robert Friedman,
John J. Fromen.
Thomas J. Gaffney, Arnold B. Gardner, William H. Gardner, Eugene M.
Gaughan, Stuart A. Gellman, Robert M. Goldstein, Wayne R. Gradl,
Josephine A. Greco, Hon. Samuel L. Green, John C. Grennell, Richard F.
Griffin, John J. Gruber, Mark W. Hamberger, Barbara Ellen Handschu,
Thomas J. Hanifin, James P. Harrington, John E. Haslinger, Mary Louise
Hayden, Herbert J. Heimerl, Jr., William R. Hites, Susan S. Hogan, Edwin P.
Hunter, Melvyn L. Hurwitz, David Jay, Norman E. Joslin, James B. Kane, Jr.,
Judith D. Katzenelson, Daniel L. Kaye, Christopher C. Kerr, James J. Kirisits,
William J. Kita, Wells E. Knibloe, Christian G. Koelbl III, Dan D. Kohane,
Ellen M. Krebs, Karl W. Kristoff, Thomas E. Krug.
Stephen R. Lamantia, John P. Lane, Richard J. Lehner, William E. Leising,
Martin G. Linihan, John N. Lipsitz, Richard Lipsitz, Arthur A. Lorenzo, Harry
E. Lorenzo, William J. Love, Jr., Leo M. Lynett, Jr.
James L. Magavern, Irving C. Maghran, Jr., Mark J. Mahoney, Arthur J.
Maloney, Richard C. Marcus, John Markarian, Mary Dee Martoche, Hon.
Salvatore R. Martoche, Hon. Jeremiah J. McCarthy, Maureen A. McCready,
Thomas I. McElvein, Jr., Diane J. McMahon, Hon. John A. Michalek,
Raymond T. Miles III, Hon. Joseph D. Mintz, Albert J. Mogavero, Richard E.
Moot, Peter J. Murrett, Jr., Arthur F. Musarra, Joseph M. Nasca, Paul T.
Nesper, Stephen M. Newman, John P. Noble, Anthony M. Nosek, James J.
O’Brien, Thomas E. O’Brien, Robert L. O’Connell, Denise E. O’Donnell,
Hon. John F. O’Donnell, Timothy M. O’Mara, Francis J. Offermann, Jr.,
William J. Ostrowski.
Carl P. Paladino, Frank R. Papa, Thomas C. Pares, James A. Partacz, Robert
E. Pearman, Hon. Erin M. Peradotto, Robert H. Perk, Jeffrey A. Perla, Joel
M. Poch, Samuel G. Puleo, Theodore J. Pyrak, William T. Quigley, James P.
Renda, Mary K. Roach, Earl T. Robinson III, Jay N. Rosenthal, Marcella
Rosinski, Hon. Mario J. Rossetti, Victor A. Rossetti, Richard P. Rosso, Arthur
J. Rumizen, Ross L. Runfola, Louis J. Russo, Thomas Santa Lucia, Edward
J. Schwendler, Jr., Richard B. Scott, Eugene M. Setel, Donald P. Sheldon,
Richard J. Sherwood, Irving M. Shuman, David Siegel, Louis H. Siegel,
Myron M. Siegel, Robert G. Sillars, Richard Charles Slisz, Charlotte
Smallwood-Cook, Oscar Smukler, Robert B. Sommerstein, Christopher A.
Spence, Gregory Stamm, Robert S. Stephenson, E. W. Dann Stevens,
Milton J. Strebel, David L. Sweet.
Dominic J. Terranova, Phillip A. Thielman, Gordon D. Tresch, Thomas V. Troy,
Frederick D. Turner, Dimitri J. Tzetzo, Peter A. Vinolus, Joseph C. Vispi,
Coleman Volgenau, Dale M. Volker, Matthew X. Wagner, Jr., James R. Walsh,
John B. Walsh, Neil Weinberg, Peter C. Wiltse, Wayne D. Wisbaum, Raymond
V. Wylegala, Richard D. Yellen, George M. Zimmermann, H.A. Terri Zionts.
Letter to the Editor
Thank You to Paul Hurley
Recently I scheduled a jury trial for a criminal matter in a local justice court. Knowing nothing of juries or
trials, I called a lawyer who had served as my mentor
in the Assigned Counsel program, Paul Hurley.
trial: my client. As a trial practitioner of vast experience, he could simply not bear to see me making a mistake that could negatively affect my client. I was too
wrapped up in a mix of sweat and inexperience to
notice either way.
Although I previously knew him only by his legDespite his small physical stature, Paul Hurley is a
endary reputation, Paul was unbelievably generous
giant of a man by any standard. His curiosity and good
with his time and talents. He spent a number of hours
will (particularly toward lawyers) know
meeting with my client and me, reviewing
no bounds. And both lawyers and defenthe case, and introducing me to the world
“
Despite
his
dants could not possibly have a better
of practical trial technique, of which I
friend, inside the courtroom and out.
knew little.
small physical
I cannot endow a statue in his honor. I
At one of the breaks during the trial,
stature,
Paul
cannot
invent an award to present him at
Paul asked me whether his presence hurt
a
gala
dinner.
But I can and will say pubor helped me at the trial. I replied honestly
Hurley is a
lically that Paul Hurley is a damn fine guy,
that I felt it hurt, as he was quick to
and I am honored to be his student.
giant of a
inform me when I was about to make an
error. My ego bruised, I admittedly preThank you, Paul.
man by any
ferred the veil of willful ignorance I had
~ Wesley M. Brown, Blasdell
created.
standard.”
But Paul’s advice and suggestions
helped the most important person at the
Letters to the editor and short articles of general interest to our readers are always
welcome. All materials submitted for publication in the Bulletin are subject to editing
for reasons of style, space and content.
Send all submissions as Word documents to [email protected] (preferred) or by mail
to: Bulletin Editor, 438 Main Street, Sixth Floor, Buffalo, NY 14202.
•
DEADLINE
•
•
February 2010 Bulletin D E A D L I N E
•
•
•
The next deadline for ALL Bulletin contributors
and advertisers is Thursday, December 31, 2009.
Call Susan Kohlbacher at Bar Headquarters for more information, 852-8687.
PAGE 3
January 2010 | www.eriebar.org
Corporate Counsel Group
Elects Officers
bench and bar in the news
Christopher J. Belter, a senior
trial partner at Goldberg Segalla
LLP was named chair of the
Construction Law Committee for
DRI – the Voice of the Defense Bar at
the group’s annual meeting in
Chicago. He will serve a two-year
Belter
term. Belter is the chair of Goldberg
Segalla’s commercial and business litigation practice
group. He concentrates his practice on complex business and contract disputes, business torts and unfair
competition claims, intellectual property litigation and
construction law.
This “members only” column is published
each month to share news and information
among BAEC members. Submissions should be
limited to 100 words and will be edited for space
and other considerations.
Bench & Bar in the News is reserved to
announce items such as: new members of a law
firm; name change or relocation; formation,
merger, or new affiliation of law practice(s);
change in job status; and professional appointments, honors, or awards. Announcements
which do not fall into these categories may be
published in the Bulletin as paid advertisements.
William Mattar has expanded his
Williamsville law offices and is seeking additions to his legal team. The
firm is now accepting applications
for litigation attorneys with three to
five years of experience (plaintiff preferred). Personal injury experience
Mattar
preferred. The firm is also seeking
paralegals, legal assistants and other support staff. For
additional information, please visit the firm’s Web site
at www.mattar.com, call 716-444-4444 or e-mail
resumes to [email protected].
Former Supreme Court Justice
Joseph G. Makowski has been
named chair of a new investor practice group at the Buffalo office of
Siegel, Kelleher & Kahn, LLP. The
firm’s newly formed practice group
will represent individuals who have
Makowski
suffered substantial investment losses in the stock market. Siegel, Kelleher & Kahn is partnering with the Pearl Law Firm, which maintains
offices in Rochester, New York and Naples, Florida, in
the new venture.
David C. Mineo has been
appointed to the board of trustees for
the Supreme Court Library at
Buffalo. Mineo recently became the
claims center manager for Chicago
Title
Insurance
Company
Canada. He was formerly the claims
Mineo
manager for Ticor Title. Mineo is a
past president of the St. Thomas More Guild Inc. and
currently serves as its treasurer.
Szczur
Maxwell
Newly elected board members are: Christopher
Head, Amy Herstek, Karen Mathews, Michael
Mendola, Ernest J. Norman, Carmen L. Snell,
Mark J. Stuhlmiller, Mark Warren and Diane
Zarlock. Continuing members of the board are:
Lawrence C. DiGiulio, James L. Duke, Alan
Gerstman, Margaret
P.
Gryko,
Karen
Kaczmarksi, Paul W. Kullman, Russell J.
Matuszak, James R. Peterson, D. Charles
Roberts, Jr., Randy C. Rucinski, and Elizabeth
Tommaney.
Richard C. Slisz has opened The
Law Office of Richard C. Slisz at
1700 Rand Building, 14 Lafayette
Square, Buffalo, New York 14203.
Formerly a partner with Offermann,
Cassano, Greco, Slisz & Adams, LLP
for over 19 years, Slisz has more
Slisz
than 20 years experience in trial and
appellate courts with a concentration in corporate and
commercial law, trusts, wills and estates, tax law, elder
law, matrimonial and family law, real estate transactions, and general litigation. He is admitted to practice
before the United States District Court and the United
States Tax Court. He is also admitted to practice in the
state of Connecticut.
Recht
Hon. Margaret Olszewski
Szczur has been named president
elect of the New York State Family
Court Judges Association. Hon.
Patricia Maxwell will serve as the
group’s treasurer. Both were elected
at the Association’s recent annual
meeting and conference.
The Niagara Frontier Corporate
Counsel Association, Inc., an association of in-house attorneys in western
New York, recently elected
Margaret P. Gryko to the position
of president for 2009-2010. Gryko is
assistant general counsel for
Gryko
Delaware North Companies, Inc.
Other officers elected were: vice president, Lawrence
C. DiGiulio, general counsel for Independent Health
Association, Inc.; secretary, Randy C. Rucinski, senior attorney for National Fuel Gas Distribution
Corporation; and treasurer, James R. Peterson, general counsel and assistant secretary for National Fuel
Gas Company.
Price
Carr
David A. Recht, Prathima Reddy Price and Daria
A. Carr have joined Watson Bennett Colligan &
Schechter LLP as associates. Recht is a graduate of
Hiram College, with an MA from the University of
Pittsburgh and JD from the University of Connecticut.
He will practice in the corporate and commercial real
estate departments. Reddy Price received her BA from
the University of California, Berkeley and her JD from
Case Western Reserve University. She will practice in the
firm’s insurance defense department. Carr received her
BA from Northwestern University and her JD from Ohio
Northern University. She will practice in the employment
law/commercial litigation department.
[B]
The Company of
Lawyers Helping
Lawyers…
A confidential channel
of communication for members
of the bench and bar struggling
with substance abuse.
The New Year is the perfect
time for a fresh start.
Call 852-1777 to learn more.
The Erie County Bar Foundation exists
to provide a helping hand to lawyers in need.
The need may be based on medical problems,
job loss, emotional difficulties, family
crises or many other situations. No person
or problem is categorically excluded.
If you need assistance – or know a friend
or colleague who does – please call Kelly
Bainbridge at 628-4892. All services are
individualized and completely confidential.
It’s great to belong to something this good.
PAGE 4
www.eriebar.org | January 2010
Skretny to Succeed Arcara as Chief Judge for Western District
continued from page 1
Q & A with the New Chief Judge
Judge Skretny recently made time to talk with The
Bulletin about the opportunities and challenges he will
face in his new role as Chief Judge.
Q. How do you plan to approach your new
responsibilities?
A. Kierkegard once said that while life can only be
understood backward, it must be lived forward.
Against that backdrop, I hope to fully tap the experiences of our judges and members of the entire community we serve to prioritize the challenges that lie ahead
for the Court. Together we will define our goals in these
very difficult times. It is absolutely essential to keep the
lines of communication open and to continue an active
dialogue within the Court.
It is critical that we as a Court choose to do what is
right. There’s no room for mistakes. Working together
as a Court and a community is our best opportunity to
do that. Federal court is the foundation for guaranteeing what is good in our society. Our system may not be
perfect but it really is as good as it gets. Hegel said that
the only thing we learn from history is that we do not
learn. That cannot be the principle that guides federal
court. We must look back and learn from history so
that we meet the call of the future. The Constitution
requires nothing less.
Q. What do you see as the major goals and challenges you are facing as you begin your term?
A. As I view it, it is not for me alone to unilaterally
identify goals and challenges. It is to work in concert
with the members of our Court to do so. Nonetheless,
there are a number of obvious challenges going into my
term that need to be addressed. It is essential that a
smooth transition into the new federal courthouse
building be accomplished. To date, it has been a 16year odyssey in getting the funding and proceeding
with construction. Together with Judge Arcara and the
efforts of many, many others, we are now on the road
to opening our nearly finished federal courthouse
around February of 2011.
Another obvious challenge is the permanency of the
ADR program. This has been my pet project since
2006. With the assistance of some incredibly talented
lawyers, the Court’s mediation program has been
established to provide a service to litigants so that they
can obtain dispute resolution in a less expensive, less
time consuming and fairer manner in all respects. Our
program does this without diminishing the right to trial
that is guaranteed to all civil litigants under the
Seventh Amendment of the U.S. Constitution.
and an extraordinarily talented and intelligent staff
over these past 20 years.
Another of the obvious challenges that exists pertains
to lawyers. I hope to address with my colleagues simplifying our rules of practice and procedure to make
them more uniform. We cannot abandon the rules...in
federal court, we all play by the same rules for one primary reason: because doing so not only serves the ends
of justice but the appearance of fair and impartial justice.
Being a federal judge is a very difficult job. There is
so much that is unfamiliar but that has to be done correctly for the public to maintain its faith in the federal
judiciary. In federal court, we deal with the most complex litigation. For example, patent cases, environmental cases, criminal and civil international conspiracies,
as well as social security and drug cases. It is an awesome and daunting responsibility.
For litigants, with the assistance of my colleagues, we
will address the challenge to expedite the decisionmaking process in all of our federal court cases. The
number of cases per judge is staggering. We know how
difficult it is for litigants to wait and wait for decisions
that are so important in their lives.
I believe it is important at this time to acknowledge
the contributions of state and local court systems. It’s
not just federal courts that make the difference. It’s the
combined effort of federal, state and local courts working together to help guarantee fundamental rights
without bias or prejudice. My federal colleagues are the
very best around, and I cannot wait to work with them
as their Chief.
And for our employees, one of our challenges is to
better acknowledge their significant contributions to
the Court’s operations and the service of the community.
Lastly, one of my goals is to work to the best of my
ability to humble Magistrate Judge Jeremiah J.
McCarthy. Since taking the bench, he has been rather
smug about the fact that he is alone among his colleagues in having served as president of the Bar
Association of Erie County. He never lets us forget that.
From a personal standpoint in life, achieving balance
is paramount. That balance involves family and friends
and members of the profession and our community.
2010 is a monumental year for me. I am becoming
Chief Judge in a court and a system that I very much
love and respect. It is also my 20th year on the bench,
along with my 40th wedding anniversary. I have a
wonderful wife, three wonderful children and a brand
new grandbaby.
(Editor’s note: According to our semi-reliable mole
at 68 Court Street, Judge McCarthy has opined that
“this is why Judge Skretny plans to keep me in the
basement of the new courthouse. I’ve seen the blueprints.”)
This is an incredible opportunity made possible by
the work of my predecessor Chief Judges in this
District, and importantly by our forefathers, who created this enduring system of justice as established in
Article Three of the U.S. Constitution.
[B]
Q. How do you see your role as Chief Judge?
A. I view my leadership style as one that will be
measured and thoughtful, not reactionary - and that
ultimately it is to work with the Court family to bridge
the gap between our most important goals and our
current capabilities as a Court. If there is any one predominant element of my philosophy as I look forward,
it is that status quo is never an option. We must commit to maintaining our core values and our mission in
changing and challenging times.
I will also tell you that I consider myself to be conscientious, comfortable working under the radar
screen, confident that I can get the job done well, and
that practically nothing else is more important for our
Court than treating everyone with the utmost respect.
Frankly, I am very much looking forward to the obvious and yet undetermined challenges of the position.
Nothing to me is better than the professional opportunities that have been made possible as a result of first
being appointed a federal district court judge and
being able to work with so many talented colleagues
Become a
Contributing
Member!
The BAEC bylaws confer “contributing member”
status on any member who resides or maintains an
office in Erie County and elects to pay an additional
$40 in annual dues to help support Association programs. Contributing members have the same rights
and privileges as regular members and “such additional rights and privileges as the board of directors
shall bestow,” including special recognition in the
Bulletin, annual dinner program and other publications.
January 2010 | www.eriebar.org
death and taxes
By Peter J. & Jillian E. Brevorka
Recent Surrogate’s Court Decisions and Other Estate
Planning Matters
This month, we will be reviewing two recent decisions from the Fourth Department relating to a
guardianship proceeding. The decisions we will be discussing relate back to an earlier 2007 decision from the
Fourth Department. To put everything in context, we
will begin with a review of the 2007 decision.
Matter of Heckl, 44 A.D.3d 110 (4th Dept.,
2007)
Petitioners commenced a proceeding in the Supreme
Court of Erie County under Article 81 of the Mental
Hygiene Law to have their 80-year-old mother
declared incapacitated and a guardian appointed for
her person and property. Petitioners’ mother was the
president and sole shareholder of Permclip Products,
an intervenor in the case. Petitioners alleged that their
mother had been diagnosed with dementia and was
unable to care for herself, her finances or the company.
Petitioners also alleged that their mother’s personal
assistant had a strong influence over her, often to her
detriment. The mother claimed that her children were
seeking to control the family company and her personal
fortune.
The Supreme Court granted an order to show cause
and in it appointed a court evaluator pursuant to
Mental Hygiene Law Article §81.09. Petitioners’
mother, the Alleged Incapacitated Person (AIP),
appeared by retained counsel and appealed the
appointment of the court evaluator. After filing her
notice of appeal, the AIP answered the petition and
moved to vacate the appointment of the court evaluator on the grounds that her liberty interests were at
stake and forcing her to speak with the court evaluator
would violate her rights under the Fifth Amendment of
the United States Constitution and Article 1, §6 of the
New York Constitution. The Supreme Court denied her
motion and ordered the court evaluator to meet with
the AIP “immediately.”
When the AIP continued to refuse to speak with the
court evaluator, petitioners sought an order finding the
AIP in contempt, pursuant to Judiciary Law §753, and
requested that the AIP be punished by a fine or imprisonment or both. The Supreme Court ordered the AIP to
meet with the court evaluator within 10 days of the
entry of the order or face contempt. The AIP appealed
the Constitutional issues and the order threatening
contempt.
The Fourth Department had three issues to decide in
this single appeal. First, whether a court evaluator
should have been appointed in this proceeding.
Second, whether the AIP’s liberty interests were at
stake and, if so, should she be forced to speak with the
court evaluator. And finally, whether the AIP could be
held in contempt for failing to speak with the court
evaluator.
In determining whether a court evaluator should
have been appointed in this case, the Appellate Division
weighed the clear language and intent of Article 81
with respect to court evaluators against the AIP’s assertion that her chosen counsel would be able to provide
all of the necessary information to the court. The AIP
argued that §81.10(g) permitted the court to vacate
the appointment of a previously appointed court evaluator when the court appoints counsel for the AIP;
PAGE 5
therefore, since she has already hired counsel of her
choosing, the court evaluator should be discharged.
The Appellate Division further held that the §81.10(g)
exception did not apply to the AIP, noting that the section authorizes the court to dispense with the court
evaluator if the court appoints counsel for the AIP, but
the section does not speak to the situation where the
AIP retains her own counsel.
The Fourth Department held that the constitutional
right against self-incrimination did not attach in this
case. The court acknowledged the AIP’s view of the
court evaluator as an adversary, not an intermediary;
however, the court held that the AIP’s view did not
match the clear language or legislative intent of the
statute.
The court concluded that while the AIP’s liberty
interests, in their most basic form, may be at stake, the
AIP does not have a constitutional right against selfincrimination in this situation. The AIP argued that the
appointment of a guardian would affect her liberty
interests because the guardian could decide whether
the AIP could live at home or in a facility. However, the
court concluded that the Fifth Amendment right
against self-incrimination only applies in criminal
prosecution. The court further stated that not all losses
of liberty warranted Fifth Amendment protection. The
court pointed out that the United States Supreme
continued on page 6
PAGE 6
President’s Letter
www.eriebar.org | January 2010
continued from page 1
Erie County Family and in criminal courts (see article
and photos on page 14 of this issue). Mary was recently
diagnosed with a serious and terrible medical condition. She would not ask for it but she needed help to
financially survive while she fights the battle of her life
with surgery and chemotherapy. What took place made
me so proud to be a lawyer. We saw untold hours of
time and energy spent by so many of Mary’s friends to
set up, organize and carry out the benefit held on her
behalf. I feel so much pride in their selfless actions and
indomitable spirits that I want all of us to know how
great a thing this was.
Over 700 tickets were sold and over 500 people
came out in support of Mary. Over 120 gift baskets, gift
certificates and silent auction items were donated and
assembled. Funds raised far exceeded expectations and
will give Mary a complete feeling of relief as she fights
her battle.
The Century Grill was overflowing with lawyers and
judges and other friends of Mary. The sense of hope
was palpable. A sense of joy permeated the room. It
was amazing. It was truly a wonderful thing. Mary herself looked terrific. Her spirit and courage was an inspiration to all who were there. Thanks go out to all who
helped, all who contributed and all who came. God
bless Mary Donogher.
A few more Lortabs now and my spirit is picking up.
The New Year marks the halfway point of my year as
president.
As we begin a new year, I hope I will continue to have
your support as I try to bring pride back into our profession. We reinvigorated our committees and I hope
each of you will come to more committee meetings
because service on committees is really the lifeblood of
this organization. We started work on our new solo and
small practice technology committee; we have begun
to look at the problem of aging lawyers; we are looking
at how certain courts operate and how they may be
improved and we are gearing up for a new round of
judicial ratings. We are planning our Law Day
Luncheon where we will be honored by the presence of
Chief Judge Jonathan Lippman. Our annual dinner
will have entertainment and a fascinating and entertaining speaker. I’m telling you, it’s going to be great.
Our President’s Ball will have me as the guest of honor,
what could be bad? (Okay, okay, one too many pain
killers, I think.)
We will keep plugging away here. I want to wish
happy holidays and a very happy New Year to all our
members.
[B]
Death and Taxes
continued from page 5
Court has differentiated between the loss of liberty for
punishment purposes and the loss for treatment purposes. While the AIP may view the appointment of a
guardian as a punishment, the court pointed out that
the legislature clearly viewed it as a potential treatment.
Despite the court’s analysis regarding the appointment of the court evaluator and why the AIP could not
assert a right against self-incrimination, the court concluded that the AIP could not be compelled to meet
with the court evaluator. The court noted that the
statute imposed upon the court evaluator a list of
duties, one of which is to meet with the AIP; however,
the AIP has no statutory duty to meet with the court
evaluator. While court evaluators may be hampered in
their investigations when AIPs will not make themselves
available, the court does not have any authority to
compel the AIP to meet with the court evaluator.
Finally, the Appellate Division concluded that punishment of civil contempt was not available as the AIP
was not a party to the proceeding. The irony of petitioners seeking to punish their mother with a fine or
imprisonment while at the same time alleging that she
is unable to care for herself and that they should be
appointed her guardian was not lost on the Fourth
Department. The court noted that while the AIP is the
subject of the proceeding, she is not actually a party to
the proceeding and cannot be charged with civil contempt. Further, the court noted that one of the purposes of civil contempt is to compensate the injured
party for loss. Here the petitioners did not suffer any
real injury in this proceeding, therefore civil contempt
was not applicable.
Matter of Heckl, 886 N.Y.S.2d 295 (4th
Dept., 2009)
Following the Fourth Department’s 2007 decision,
petitioners amended their petition to request that the
AIP’s granddaughter be appointed the guardian of her
person. The AIP was adjudicated an Incapacitated
Person (IP), her granddaughter and personal assistant
were appointed the guardian of her person and
Permclip’s General Counsel was appointed the
guardian of her property. The IP appealed the trial
court’s denial of her motion to dismiss the amended
petition, the determination that she was incompetent
and the appointment of her granddaughter as coguardian. Petitioners appealed the court’s appointment
of the IP’s personal assistant as co-guardian.
The Fourth Department upheld the Supreme Court’s
denial of the IP’s motion to dismiss and the determination that the IP was incapacitated. The court also
stated that while the IP mistakenly believed she did not
have grandchildren, her granddaughter was an appropriate co-guardian of the IP’s person.
The Fourth Department did agree with the petitioners that the trial court erred in appointing the IP’s personal assistant as the co-guardian. According to the
testimony of the personal assistant, he had worked for
the IP for 34 years but never received a paycheck. The
IP would “pay” the personal assistant by allowing him
to live with her; she also provided his food, clothing
and personal needs. The personal assistant also admitted that he did whatever the IP instructed him to do.
This was evident when the personal assistant, at the
direction of the IP, had the IP’s grandchildren arrested
when they came for a visit. The personal assistant
failed to inform the police that the individuals being
arrested were the IP’s grandchildren and that the IP
had requested the visit the previous night. The court
concluded that the personal assistant had a clear conflict of interest because he was so dependant on the IP
and did not exercise any independent judgment with
regard to her requests. As such, the personal assistant
was deemed unqualified to serve as the co-guardian for
the IP.
Matter of Heckl, 2009 NY Slip Op 8285
(4th Dept., 2009)
In this most recent decision, the IP appealed the trial
court’s order that the IP pay the attorneys’ fees of petitioners. While the order actually directed the IP to pay
attorneys’ fees and disbursements, the order only
awarded the exact amount of the attorneys’ fees.
In an affirmation in support of the motion for the
attorneys’ fees, petitioners’ attorney attached a summary of the time entries billed to petitioners. However,
petitioners’ attorney failed to provide the IP’s attorney
with a copy of the billing information despite the
request of IP’s counsel for the information. Regardless
of that, the trial court awarded petitioners the full
amount of the attorneys’ fees sought.
The Fourth Department modified the trial court’s
order, holding that the court erred in summarily
awarding full attorneys’ fees. The Appellate Division
noted that while the court does have the authority to
award fees, there must not be a factual dispute regarding the fees. Since the IP’s attorney was never given an
opportunity to review the submission upon which the
fee application was based, he never had an opportunity
to raise a dispute. Further, the trial court never provided a “clear and concise explanation for its award.”
The case was remanded to the trial court to determine
the amount of reasonable attorneys’ fees following a
hearing, if necessary.
[B]
“Lawyers for the Lord” to
Hold New Year’s Meeting
Is one of your New Year’s resolutions to draw closer
to God, strengthen your faith, or find out more about
the Gospel of Jesus Christ and how it might pertain to
you, your life and your law practice?
Are you tired of making New Year’s resolutions that
either don’t stick or don’t really change anything in
your life or practice?
Is there nothing in your life or practice that you see
any need to change?
Wherever you are coming from, please consider coming to a special New Year’s meeting of the “Lawyers for
The Lord” on Wednesday, January 6th from 8:00 to
9:30 a.m. at 70 Niagara Street in downtown Buffalo.
Located just off the City Hall traffic circle in close
proximity to city, state and federal courts, the meeting
will be held in the fourth floor board room. Coffee &
bagels will be served.
“Lawyers For The Lord” is a new group that usually
meets on the third Wednesday morning of each month
to discuss faith and the practice of law with others who
struggle with these and similar questions. We meet for
an hour of honest and frequently humorous dialogue
about the real life issues of following Christ and how
that decision impacts our professional lives. All are welcome to join us for a laugh, a prayer for each other, and
a practical discussion of what it means, and could yet
mean, to be a Christian and a lawyer.
For further information, please contact Shawn Carey
at 362-1173, 773-3304 or [email protected].
Advance notice that you plan to attend would be
greatly appreciated, but is not necessary.
PAGE 7
January 2010 | www.eriebar.org
citations
By Jeff Spencer
HIGH BEAM COP STOP SOCKED
The high beams flashed
Quick and bright
Within the police car’s
Easy sight.
When pulled over
To the driver’s consternation
The police charged him
With intoxication!
The high court considered
Those flashing beams
But declared with finality
That no probable cause could be seen.
Peo. v. Rose, __AD3rd__, 4th Dept., 11/13/09, #1428.
IDENTIFICATION ELABORATION
In companion cases with disparate results (Peo. v.
Abney and Peo. v. Allen, __NY3rd__, 10/27/09) our
Court of Appeals reviews whether it is an abuse of discretion to disallow expert testimony on the reliability of
eyewitness testimony.
CHISELING CHAMPERTY
A corporation or association which takes an assignment of a debt claim has been held to not violate
Judiciary Law sec. 489 if it held a pre-existing proprietary interest. Trust for the Certificate Holders of the
Merrill Lynch Mortgage Investors, Inc. et al. v. Love
Funding Corporation, __NY3rd__, 10/15/09, in a
thoughtful opinion by Justice Eugene Pigott.
CONTRACT CONUNDRUMS
The negotiation and execution of further agreements
was held to be an enforceable pre-condition of the par-
ties’ settlement agreement in IDT Corp. et al. v. Tyco
Group, (__NY3rd__, 10/22/09).
Reliance damages resulting from preparing to execute on a real estate purchase contract were upheld in
St. Lawrence Factory Stores v. Ogdensburg Bridge and
Port Authority, (__NY3rd__, 10/20/09).
Specific performance was denied where plaintiff had
an alternative monetary remedy under the contract.
(Bass Development of New York, Inc. v. Baisch et al.,
__AD3rd__, 4th Dept., 11/13/09, #1308)
In Riverside South Planning Corp. v. CRP/ Extell
Riverside, L.P., et al. (__NY3rd__, 11/24/09) a “sunset” clause was held to limit contract enforceability.
NO SECOND BITE OF ARBITRATION APPLE
After issuance of an arbitration award, a party was
held to be precluded from reopening the arbitration to
seek consideration of an issue which had not been previously presented to the panel in the Mtr. of Joan
Hansen & Company, Inc. v. Everlast World’s Boxing
Headquarters Corp., __NY3rd__, 10/15/09. See also
Mtr. of the Arb. Between BTF Inc. and Bd. of Ed.
(__AD3rd__, 4th Dept.,11/13/09, #1328) and Mtr. of
the Arb. Between NFTA and Int. Longshoremen’s Assoc.
Local 2028 (__AD3rd__, 4th Dept.,11/13/09, #1371)
PUNTING PRINTOUTS
Our Fourth Department has reversed an indictment
for criminal possession of a forged instrument where
the trial level court admitted evidence of electronic
data displayed on a computer screen when the alleged
forged check was presented to the bank teller. (Peo. v.
Manges, __AD3rd__, 11/13/09, #1054) However,
note that the Court of Appeals has permitted “non-testimonial” DNA evidence in Peo.v. Brown, __NY3rd__,
11/19/09.
In a similar issue civil suit finding, our Fourth
Department held that a plaintiff debt collection
agency’s presentation of an electronic spreadsheet was
insufficient to demonstrate the assignment of defendant’s credit card debt and that the agency lacked
standing. (Palisades Collection, LLC v. Kedik,
__AD3rd__, 11/13/09, #1065)
MATRIMONIAL MERRY-GO-ROUND
The Fourth Department has declined to allow a
divorce where the parties have lived apart for more
than one year pursuant to a “Parenting Plan
Agreement.” (Scully v. Haar, __AD3rd__, 11/13/09,
#1125) However, note a thoughtful dissent by Justice
Erin Peradotto.
An ambiguous oral stipulation was held to be unenforceable in Walker v. Walker, (__AD3rd__, 4th Dept.,
#1262).
Subsequent to the commencement of divorce proceedings, the pension holder was allowed to obtain
pension rights after 20 years instead of 25 years. Our
Fourth Department held that both parties would benefit from the change. (Beiter v. Beiter, __AD3rd__,
11/13/09, #1356)
SECTION 240 ROUNDUP
Justice Eugene Pigott provides a legal “tour de force”
in an opinion for the Court of Appeals reviewing and
analyzing the “supervision and control” exemption
from sec. 240’s exemption for one and two family
dwellings. (Afri v. Basch et al., __NY3rd__, 11/24/09)
A barge was held to be a “vessel” under 33 USC sec.
905(b) preempting New York Labor Law sec. 240 in
Lee v. Astoria Generating Co., et al., __NY3rd__,
11/24/09.
Sec. 240 summary judgment was denied where
plaintiff was injured while turning the handle of a scaffold hoisting crank. (O’Donnell v. Buffalo-DS
Associates, LLC, et al., __AD3rd__, 4th Dept.,
11/13/09, #1367) (Affirming Justice John Michalek)
Factual issues as to whether or not plaintiff had safer
avenues of descent than the scaffolding precluded summary judgment. (Harris v. Hueber-Breuer Const. Co.,
Inc., et al., __AD3rd__, 4th Dept., 11/13/09, #1199)
continued on page 10
PAGE 8
www.eriebar.org | January 2010
Recycle your Bulletin
lost in (techno) space
By Martha Buyer
Knowing When to Ask for a Consultant’s Help,
and Knowing What to Ask
For the second time in the past two years, I have
crossed paths (and, truth be told, swords) with a local
telecommunications consultant whose standard for
ethical business conduct differs dramatically not only
from my own, but from those of most of the local
telecommunications managers in western New York.
Because this company took advantage of a client who
was not terribly well-versed in telecommunications
(both in terms of practice and lingo), and because there
are many people charged with telecommunications
responsibilities who are in a similar boat, it seems like
the new year is a good time to provide useful tips for
managing the process when someone says the dreaded
words, “isn’t there a better way to reach out and touch
our clients?” The answer is “yes,” but it’s a cautiously
worded “yes,” because I’ve seen well-meaning but
overwhelmed corporate consumers taken to the cleaners too many times.
often too late to repair a situation that could have been
prevented with a relatively small investment of time
and money up front.
In the telecom industry, like all industries, vendors
(in this case carriers and equipment providers) hire
smart lawyers. They know how to write agreements
that lock end users in once they’re signed. An agreement for telecommunications equipment or services or any other very specific product or service - simply
isn’t just like other contracts. Without special expertise,
attorneys who read these agreements may not know
where the “gotchas” are buried. Such contracts are
filled with boilerplate which may seem inoffensive to a
sophisticated contract reader, but which can have long
term, binding and very costly consequences if not
addressed before the agreement is signed.
One of the advantages of the competitive marketplace is that equipment and service providers may be
More often than I’d like, I get calls from friends,
willing to negotiate terms in an effort to secure a sale.
colleagues and people whom I’ve met in any number
Once the sale is made though, such providers have virof random places asking for my
tually no incentive (aside possibly from
assistance in “getting us out of a jam”
“One of the advantages future sales) to make concessions that
with the (choose one) ISP/phone comcould have been secured before the cap
pany/telecommunications equipment
of the competitive
came off the signing pen.
provider. More often than not, the
marketplace is that
Specific to telecommunications decioptions that I can offer or suggest are
equipment and service sions, an independent telecommunicavery limited.
tions consultant can be essential to a
providers may be
“If only you called before you signed,”
successful project. Such a consultant has
willing to negotiate
is what I hear myself say wistfully.
the expertise and experience to help an
terms in an effort
As most attorneys know, the best
end-user understand a product offering to secure a sale.”
time to consult an expert is before one is
or variety of product offerings and
needed. Once things have gone south, it’s
options - in many cases better than the
continued on page 10
PAGE 9
January 2010 | www.eriebar.org
western district case notes
Law Line Educates
Public on Legal Issues
By Paul K. Stecker and Kevin M. Hogan
EMPLOYMENT LAW
In Evans v. MassMutual Financial Group (09-CV6028 CJS, 10/23/09), plaintiff, a general agent for the
defendant insurance company, sued under the
Uniformed Services Employment and Reemployment
Rights Act (“USERRA”), 38 U.S.C. §4301, after he was
denied reemployment following his return from
National Guard service in Iraq. Defendants moved to
dismiss on the ground that plaintiff was an independent contractor, and the regulations under USERRA
cover only employees. The court denied the motion on
the ground that it could not consider the employment
agreements submitted by defendants in ruling on the
motion because those agreements were not attached to
or referenced in the complaint and because the issue, in
any event, “is not how the parties characterized the
employment relationship, but rather . . . whether
plaintiff qualifies as an employee under USERRA based
on the economic realities of the employment arrangement.”
motion to preclude the testimony of defense experts
who proposed to testify, respectively, that plaintiff did
not properly use the chair and that the alleged defect
was “open and obvious” on the ground that these are
issues the jury can determine without expert testimony.
INSURANCE LAW
In Ciesiulka v. Rebovich (08-CV-204, 11/6/09), an
auto accident case, the Magistrate Judge granted
defendants’ motion for summary judgment on the
ground that plaintiffs did not establish a prima facie
case of “serious injury,” noting that one plaintiff suffered only a soft tissue strain that would resolve over
time and that, while the other plaintiff claimed that she
could not perform certain daily activities, she did not
show that she was unable to perform “substantially all”
of the material acts of daily life for the required period,
so as to meet the “serious injury” definition.
[B]
Since 1997, The Law Line has engaged the
minds of thoughtful western New Yorkers who
tune in to WNED-AM (970) at 10:00 on
Saturday mornings. Host Mike Desmond talks
to lawyers and judges from our legal community on wide-ranging topics related to the law.
The program provides a valuable public service
that reaches about 4,000 listeners each week.
We appreciate the time that the following
members of our Association have taken to educate the public about legal matters by volunteering their time to appear on The Law Line.
Hon. Timothy J. Walker
Saving Your Home from
Foreclosure – Help May be
Available
Harvey F. Siegel
DWI
PRODUCT LIABILITY
In Bloom v. Promaxima Manufacturing Co. (05-CV6735 CJS, 11/9/09), plaintiff sued the manufacturer of
an exercise chair, as well as the owner of his health
club, after he was injured while using the chair. The
court granted summary judgment dismissing plaintiff’s
claims against the owner, rejecting plaintiff’s argument
that the owner’s alleged failure to instruct and supervise his use of the chair in accordance with fitness
industry “guidelines” amounted to a violation of industry “standards.” The court denied the other defendants’ Daubert motions to exclude expert testimony by
the individual who inspected and serviced the chair,
holding that his experience with athletic equipment
qualified him as an expert to testify regarding both
product defect and design. The court granted plaintiffs’
Stephen F. Pusatier
Medical Malpratice
The Law Line is underwritten by the Erie
County Bar Foundation and the Lawyer
Referral and Information Service of the BAEC.
If you would like to appear as a guest on the program, please contact Maureen Gorski at 8528687 or by e-mail at [email protected].
PAGE 10
www.eriebar.org | January 2010
Contributions to the Erie County Bar Foundation provide an excellent
Lost in Techno Space
continued from page 8
vehicle for recognizing and honoring members of our profession.
Memorial gifts to the Foundation become a lasting tribute to the entire
legal profession, as funds are used exclusively to assist attorneys and
promote understanding of our legal system.
The Foundation gratefully acknowledges
the following contributions:
In Honor of My Daughter,
Jennifer, Upon the Birth of her
Daughter, Kennedy:
Ross T. Runfola
In Honor of Peter J. Fiorella, Jr.
upon the publication of his book
“The Divorce Handbook”:
Ross T. Runfola
In Honor of Retiring Jurist Joseph
D. Mintz:
Ross T. Runfola
In Memory of Allen R. Bivens:
David J. McNamara
In Memory of Louise Cambria
(Mother of Paul J. Cambria):
Victor C. Silverstein
In Memory of Thomas J., Anthony
V. & Joseph P. Runfola:
Ross L. Runfola
In Memory of Robert J. Lane, Sr.:
Hon. John P. Lane
In Memory of My Parents,
Edward & Adele Peszko:
Mark J. Peszko
In Memory of Greg Hoelscher:
Kate Roach & Kevin Hogan
In Memory of My Father, Joseph
P. Runfola:
Ross T. Runfola
In Memory of Raymond J.
McNamara:
Mark R. McNamara
In Memory of Charles Dougherty:
Deborah E. Nicosia
In Memory of My Parents,
Thomas & Lena Ralabate:
Joseph M. Ralabate
In Memory of Mark G. Hirschorn:
Ross T. Runfola
In Memory of My Mother, Mary
Jane Semple:
E. Michael Semple
In Memory of Jane Campbell
Blimm (Mother of Theodore J.
Burns):
Paula & Terry Newcomb
In Memory of Amanda Slisz
(Daughter of Richard Slisz):
Michael O. Morse
In Memory of Hon. Thomas P.
Flaherty (Father of Carol & John
Flaherty, Brother of Michael J.
Flaherty):
Hon. John P. Lane
Hon. Leslie G. Foshio
Hon. Norman E. Joslin
Kathleen E. Horohoe
Ross T. Runfola
In Memory of Hon. John T. Elfvin:
Jeremy A. Colby
In Memory of Hon. Nelson
Cosgrove:
Ross T. Runfola
In Memory of William J. Weiss, Jr.:
Pamela D. Detig
In Memory of Court Officer and
Former Sheriff’s Deputy Dan
Herberger:
Joel L. Daniels
In Memory of Hon. David J.
Mahoney:
Ross T. Runfola
In Memory of Donald T. Cook:
Thomas I. McElvein, Jr.
In Memory of Retired Erie County
Sheriff’s Deputy James A. Wilson:
Julie Ann Dee
In Memory of Hon. Henry Gossel:
Ross T. Runfola
In Memory of My Father, Albert
M. Ranni:
Sarah K. Ranni
In Memory of Douglas Winokur:
Bar Association of Erie County
Kathleen E. O’Hara
In Memory of Martin Violante:
Ross T. Runfola
In Memory of John Cotter:
Kate Roach & Kevin Hogan
In Memory of Robert W. Grimm:
Louis J. Russo
In Memory of Vince Tobia:
Ross T. Runfola
In Memory of Noreen Peradotto
(Mother of Hon. Erin M. Peradotto):
Paula & Terry Newcomb
In Memory of Daniel M. Sherlock:
Margaret C. Callanan
In Memory of William R. Brennan:
Mark R. McNamara
Ross L. Runfola
In Memory of Paul Ivan Birzon:
Ross T. Runfola
In Memory of Carl Cole:
Mark A. Montour
In Memory of Hon. James L. Kane:
Hon. John P. Lane
In Memory of Hon. Vincent E. Doyle:
Ross T. Runfola
team that will be left to use and manage the system or
configuration after it’s installed…and long after the
sales team has moved on to the next hot prospect.
There are many situations when a firm doesn’t
need outside assistance. In this case, the in-house staff
is familiar with the technology options and the product
offerings. But according to Byron Battles, past president of the Society of Telecommunications Consultants,
Inc. (www.stcconsultants.org), “When a business starts
to ‘self diagnose’ in an area that is out of its core competency, then it’s time to look for objective, independent advice and counsel.”
For the same reason that it’s unlikely that a managing partner wouldn’t assign a murder trial to an attorney whose expertise is in securities law, the up front
cost of hiring a well-qualified consultant is worth much
more than its weight in invoices.
The word “independent” here is crucial. Many who
hold themselves out as consultants are not independent
because they receive either some or all of their compensation from companies with products to sell.
Obviously such “consultants” are less likely to be
objective (this may be a gross understatement) than
those whose sole source of compensation comes from
the end user who has retained the consultant in the first
place. STC member-consultants commit annually to
maintain vendor independence and, as such, STC
member consultants provide impartial expertise to the
entity that hires them that is not tainted by compensation. That’s not to say that STC or other consultants
don’t have opinions about certain vendors and products but those opinions are based upon experience and
expertise and not on compensation. (In the interest of
full disclosure, I served for six years as a board member of the STC and currently serve as the organization’s
regulatory counsel.)
A general listing of guidelines when looking for a consultant (not dissimilar from those criteria to be used
when identifying an attorney with subject-specific
expertise) could read as follows:
• What is the consultant’s specific area of expertise?
Answers here could include wireline, wireless, network design, internet, security, TEM (telecom
expense management), general practice or other.
• How does this experience directly relate to the
project at hand?
• How many people will work on the project?
• How will the consultant be paid? Answers here
could include hourly, by a percentage of savings
achieved, by the vendor whose equipment or
services are acquired, or some combination thereof.
• Is the consultant or the consultant’s firm directly
associated with or selling or distributing any of
the equipment that could be used to meet the
requirement?
The advantage of hiring a consultant or subjectarea expert is the same as hiring a skilled attorney. A
firm can retain the services of an expert without having to “own” the person for life. By paying a relatively
small amount up front, a firm can be saved from years
of paying for unnecessary features and services, while
simultaneously harnessing expertise gained over years
of experience and technological training.
Citations
continued from page 7
QUANTUM MERUIT QUERY QUASHED
A quantum meruit and unjust enrichment claim for
assisting in the achievement of a corporate acquisition
was dismissed based on failure to comply with the
Statute of Frauds (GOL 5-701). (Snyder v. Bronfman,
__NY3rd__, 11/23/09)
SLIP TIPS AND STUMBLE BUMBLES
Evidence that freezing rain was falling when plaintiff
allegedly slipped and fell required dismissal of the lawsuit. (Perez v. Grecian Garden Apartments, LLC,
__AD3rd__, 4th Dept., 11/13/09, #1349) See also
Wiilkowski v. Big Lots Stores, Inc., __AD3rd__, 4th
Dept., 11/13/09, #1353.
[B]
PAGE 11
January 2010 | www.eriebar.org
News from Kent, Our Sister City in Great Britain
By Jonathan Smithers
I have just received an e-mail – I
get one most days – which says in
bold type face “effective marketing”
or some such other headline.
we need market to our clients but then seem surprised
when they wander off and instruct someone else.
Many years ago, I went to a “marketing seminar”
where the lecturer made a distinction between those
lawyers who were hunters and those who were farmers, those who scour the plains everyday looking for
fresh meat and those who were content to sit back and
watch what grew. The corporate lawyers were whooping with delight. The vindication of their man (or
woman) hood, they were the spear carriers, leaders,
the brave souls.
I take some small delight in deleting it, if only to prove that even if the
person sending it thought that it was
great marketing, the person receiving it certainly did
not. Many times over the years (a phrase reserved for
those contemplating their own mortality), I have had
discussions with young lawyers
about the difference between marketing and advertising in the con“I made myself unpoputext of professional services. Our
lar with the statement
consumer society invites us to
make claims about how brilliant
that civilization started
we are, what special skills we poswhen people stopped
sess. Such rhetoric may entice
some new clients across our threshhaving to look for food
old but we all know that it won’t
keep them there. What creates loyeveryday and started
alty? Well, there are many things
growing it in their
but chiefest among them must be
integrity. Establishment of mutual
front garden.”
trust. Many lawyers do not think
I made myself unpopular with the
statement that civilization started when
people stopped having to look for food
everyday and started growing it in their
front garden. Instead of wandering the
forest or the plain with bow and arrow,
they tilled the soil to grow the crops,
fenced in and domesticated animals.
That gave them time to read, to write,
to learn and to listen.
In our own firms, how many colleagues spent hours, days or weeks of
unchargeable time searching out the
continued on page 16
PAGE 12
www.eriebar.org | January 2010
In Memoriam
Douglas L. Winokur
Frequently Asked Questions About Document
Destruction and Preservation
Question: How long does a lawyer or law
firm have to keep closed files?
Answer: Lawyers and law firms have to keep different files and documents for different periods of time.
For example, the Code of Professional Responsibility
requires lawyers to keep escrow and trust account
records for seven years. See DR 9-102(D); 22 NYCRR
§ 1200.46(d).
DR 9-102(D) requires lawyers to keep for seven
years copies of all retainer and compensation agreements with clients, client bills and all “records showing
payments to lawyers, investigators or other persons,
not in the lawyer’s regular employ, for services rendered or performed.” The Rule requires lawyers to
keep copies of all retainer and closing statements filed
with the Office of Court Administration for seven years.
Although the Rule does not specify this, it would be
prudent to maintain such OCA filings for seven years
after the matter is closed.
DR 9-102(D) also requires lawyers to keep their
operating account bank records for seven years.
Question: What bank records are covered
by DR 9-102(D)?
Answer: A lawyer or law firm should keep all
monthly statements, cancelled checks, deposit slips,
checkbooks, check stubs, ledgers and reconciliation
statements for all special, trust, IOLA and escrow
accounts, as well as for all operating accounts. As a precaution, a lawyer or law firm should maintain such
records for any other fiduciary account the lawyer or
firm maintains.
Question: What records do I have to keep
for conflicts checking purposes?
Answer: The Code of Professional Responsibility
requires lawyers and law firms to maintain conflicts
check systems and “keep records of prior engagements.” See DR 5-105(E); 22 NYCRR § 1200.24(e).
Lawyers and law firms should keep enough information about client matters (open and closed) to determine, for example, whether they can represent a new
client against a former client or concurrent clients with
“differing interests.” Lawyers considering a new representation need to be able to determine whether it is
“substantially related” to a prior representation. It is
advisable to keep the firm’s client database (whether
that is maintained on index cards or on a sophisticated
computer) up to date, with complete information
about client identity (included related entities) and the
nature of the matter for which the lawyer or law firm
was retained. These records must be maintained for as
long as the lawyer is in practice or the law firm (or its
successors) in business. After all, conflicts may follow
lawyers from firm to firm and there is no fixed period
for maintaining the information. Thus, a prudent
lawyer should maintain it for as long as necessary,
namely, as long as the lawyer is in practice. For guidance on former client conflicts, see DR 5-108; 22
NYCRR § 1200.27.
Question: Can a lawyer simply have a document destruction policy and get rid of all
closed files after six months?
Answer:The answer is yes and no. Six months
sounds like much too short a time frame. The statute of
limitations for legal malpractice actions is three years
and it can be tolled by continuing representation of a
client, even on unrelated matters. There is no statute of
limitations for disciplinary complaints, which can be
filed many years after a case is over. It is wise to keep
client files for at least six years. There is another consideration. Before any files are destroyed by the firm,
the clients should be consulted. In Sage Realty Corp., et
al. v. Proskauer Rose Goetz & Mendelsohn, LLP, 91
continued on page 17
Buffalo attorney and BAEC member
Douglas Louis Winokur was born in the
Bronx in 1921 and died in Hamburg on
November 14, 2009 at the age of 88.
Winokur served for 16 years as western
New York district superintendent for the
state Department of Labor’s Job Service
Division.
A graduate of Brooklyn College and
Brooklyn Law School, he was a technical
sergeant in the Army Signal Corps at evacuation hospitals during World War II.
Winokur joined the state Department of
Labor in 1946 and moved to Buffalo in
1962 after being promoted to senior manager. He subsequently became district
superintendent for the western New York
region, where he remained until his retirement in 1983.
Winokur worked pro bono for the
Volunteer Lawyers Project for many years
before establishing a law practice in
Hamburg in 1993. The practice, originally
known as the Legal Center, eventually
became the law firm of Montesano &
Winokur. He continued working in his office
seven days a week until his death.
An active volunteer, Winokur recruited
young lawyers for the BAEC’s “Ask the
Lawyer” telephone call-in program and
appeared on behalf of the Bar Association
at the Erie County Fair. He was a member
of the Jewish War Veterans.
Surviving are his wife of 60 years,
Miriam Weinberg Winokur; a son, Rabbi
Harvey; two daughters, Ilene Al-Zaid and
Randy Ahmed; a sister, Myrna Barg, and
several grandchildren.
Winokur was interred in the Georgia
National Cemetery with full military honors. The family has requested that donations in his memory be made to his son’s
synagogue, Temple Kehillat Chaim, 1145
Green Street, Roswell, Georgia 30075, The
Southern Poverty Law Center (splccenter.org) or the charity of one’s choice.
January 2010 | www.eriebar.org
Are You An Attorney
Struggling With
Depression?
If so, you’re definitely not alone. A recent
Johns Hopkins study of 108 occupations
found that lawyers topped the list of those
who suffered from depression. Attorneys
were found to suffer from depression at a
rate of four times that of the general population.
Depression is a treatable illness and the
right combination of medications and therapies can significantly improve the quality of
life for those who suffer from it.
Help and support are just a phone call
away. The Lawyers with Depression Support
Group meets monthly to share stories and fellowship. The group meets every other Friday
(except holidays). See the calendar on the
back page for meeting dates. Meetings are
held at Bar Headquarters, 438 Main Street,
Sixth Floor, at 12:30 pm and lunch is provided. There is no need to pre-register.
If you or a colleague are struggling with
depression, there is no need to suffer in
silence. For further information, visit
www.lawyerswithdepression.com or contact
Kelly Bainbridge at 628-4892. All calls are
strictly confidential. We invite you to join us
and share your story.
PAGE 13
PAGE 14
www.eriebar.org | January 2010
WNY Legal Community Comes Through Again
By Shari Jo Reich
The legal community of western
New York recently rallied around one
of its own, Mary Donogher, a solo
practitioner recently diagnosed with
pancreatic cancer. Mary had a very
expensive surgery performed at
Johns Hopkins in Baltimore, MD and
is now back in Buffalo for chemotherapy and rehabilitative treatment at Roswell Park Cancer Institute.
Upon learning of Mary’s diagnosis, several of her colleagues started meeting to put together a fundraiser.
Leading the charge were Pamela L. Neubeck, Linda M.
DiPasquale, Bernadette Hoppe, Edward J. Martnshin,
Eli Ciambrone, Elena Ancona, Hollis Hite, Donna M.
Castiglione and myself.
The event was held at the Century Grill on Pearl
Street and attracted hundreds of attorneys, judges,
court staff and friends. Mary personally greeted several
hundred of the well wishers and remained at the event
for approximately two hours.
Hon. Sharon M. LoVallo and Mary M. Donogher
The lucky winners of the different raffles and door
prizes walked away with a 26” fIat screen T.V., bottles
of wine, autographed footballs, autographed hockey
sticks, jerseys, vacation rentals and baskets galore. The
wonderful turnout was a tribute to Mary and the diligence of the fundraising committee. Everyone who
attended, purchased a ticket or contributed in some
other way was part of a very special evening. Thanks
go out to everyone who helped to raise these much
needed funds for Mary.
James A. Kreuzer and Albert Grande
We wish her luck.
Hon. John F. O’Donnell and Hon. Michael F. Griffith
Marc Connors, Shannon E. Filbert and Denise Wohlfeil
Dee Dvorak, Kevin C. Gibbons and Stephanie Urbino
Oliver C. Young and Hon. Lisa Bloch Rodwin
Lt. Kara Caldarella and Brian R. Welsh
PAGE 15
January 2010 | www.eriebar.org
News from the Veterans & Service Members Committee
By Michael C. Lancer, Chair
The Committee on Veterans’ and
Service Members’ Legal Issues
hosted a Veterans Day program in
conjunction with UB School of Law
on November 10, 2009. Entitled
Beyond Veterans Day, this presentation honored the service of western
New York veterans, while looking forward to how the
region’s legal community will best serve vets, military
members and their families in the future.
Before a gathering of students, educators, lawyers
and representatives of the military community, a panel
of distinguished members of the bench, bar and Armed
Forces addressed current issues in this area. The event
was moderated by Michael C. Lancer, Chair of the
Veterans Committee. The speakers included: Hon.
Eugene F. Pigott, Jr., Associate
Judge of New York Court of
Appeals; Hon. Robert T. Russell,
Jr., Presiding Judge of Buffalo
“Several dozen
Veterans Treatment Court; Hon.
Mark G. Farrell and Michael
jurisdictions
Schuster of Amherst Veterans
across America
Treatment Court; and Patrick W.
Welch, Ph.D., Director, Erie
have emulated
County Veterans Services.
Judge Pigott reflected on his
Buffalo’s
service as an interpreter in
Vietnam during that conflict. He
model.”
described the sensation of being
a student at UB Law in 1968,
watching his fellow students disappear to the draft until his own
notice arrived. UB assured Judge Pigott that his spot at
the Law School would remain. In fact, upon his return
in 1970, Pigott reassumed his seat at the school among
his fellow “retreads.” Judge Pigott encouraged the
assembled law students to hone their skills by representing veterans with claims before the Veterans
Administration (VA).
Judge Russell spoke briefly about the Buffalo
Veterans Treatment Court, the first of its kind in the
nation. He then showed the assembly video footage
from an NBC Today Show segment on his court and its
tremendous impact on veterans within the western
New York community. He also acknowledged the selfless volunteer efforts of the Peter Reibel Veteran Mentor
Program, in which successful vets are partnered with
veterans appearing before the Vets Court. Today, several dozen jurisdictions across America have emulated
Buffalo’s model by starting their own veterans treatment courts.
Similarly, Judge Farrell and Michael Schuster
described the accomplishments of the Amherst Veterans
Treatment Court. Judge Farrell, a former Air Force JAG
officer, began the first suburban veterans treatment
court in the country in May 2009. Michael Schuster, a
veteran and Master Sergeant in the U.S. Air Force
Reserve, serves as the court’s coordinator. Schuster is
also a Credentialed Alcohol Substance Abuse Counselor.
He chronicled his experiences working with vets struggling with such problems.
Dr. Welch welcomed the crowd with a rousing Good
Afternoon! in the manner of a U.S. Marine Corps drill
instructor. Dr. Welch, a combat-wounded Vietnam veteran, acknowledged that November 10 is the Marine
Corps’ birthday. He also related his experiences returning to his country as a wounded soldier. Dr.Welch
explained that no employer would hire him due to his
status as a Vietnam veteran. When asked by UB students why he was ambulating on crutches, Dr. Welch
would reply that he had been injured in “an accident.”
Later in his address, Dr.Welch explained why veterans
need and deserve a treatment court specifically
devoted to issues affecting their community. He then
extorted the assembled law students to become
involved with veterans, stating that it is among the
most worthwhile of endeavors.
The forum was next devoted to a roundtable discussion of legal issues affecting veterans, services members
and their families. Serving on the panel were: Jack
O’Connor, Coordinator of the Peter Reibel Veteran
Mentor Group; Janet G. McGlone, Director of Legal
Services and Advocacy of the Mental Health Association
of Erie County, Inc.; Joseph D.
Morath, Jr., Deputy Chair of the Vets
Committee, as well as a veteran and
an attorney at Connors & Vilardo,
LLP; Christopher Krieger, Sr.,
founder
and
President
of
WNYHeros, Inc.; Jennifer P.
Stergion, founder of the Vets
Committee and an attorney devoted
to serving the WNY veteran and military community; and Captain John
T. Soron, a West Point graduate and
third-year student at UB Law.
Captain Soron is currently part of
the U.S. Army Judge Advocate
General’s Corps’ (JAG) Funded
Legal Education Program.
The panel addressed numerous
issues regarding veterans, active
duty and reserve military members
and retirees. Particular attention
was also paid toward spouses and
families of military members.
Overall, the focus of the discussion
was on how to provide the best legal
services available to the western
New York military community. The
panel also fielded questions posed
by members of the audience.
This event was the first of several
collaborative efforts between the
BAEC Vets Committee and UB Law.
During the spring semester, the Vets
Committee will hold one of its
monthly meetings at the Law
School. Working jointly with the
Mental Health Association, the Vets
Committee will also present a
Continuing Legal Education program (CLE) on representing veterans on claims to the VA. This
program was previously offered at
BAEC headquarters in August of
2009.
The Veterans Committee and the
BAEC would like to express their
gratitude to Dean Makau Matua,
Vice Dean Melinda Saran, and to the
entire UB Law faculty and staff.
Without their support, this worthwhile event would not have taken
place.
Why Veterans Matter to Lawyers
By Michael C. Lancer
The following is excerpted from the opening remarks the author
delivered at the “Beyond Veterans Day” presentation at UB Law
School.
I served as an officer in the United States Army for 10 years.
During that time, I felt that I was part of the greatest fighting force
the world has ever known. I intend no disrespect to the other uniformed services intended in that statement. Certainly, sailors, airmen, Marines and Coast Guard members are entitled to a similar
sense of pride with regard to their service. In any case, I knew that
I was a member of the strongest Army that mankind had ever
known. More importantly, I knew with certainty that the U.S.
Army was the uniformed force with the greatest potential to do
good work in the world.
Now I am a civilian, practicing law in the private sector. I have a
similar sense of pride. I feel privileged to be a member of the most
progressive and fairest legal system the world has ever known. For
in our society, all men and women, no matter how they are named,
where they are born, or how much money they have in their pockets, have equal access to our legal system. No barriers may be
based on age, race, religion, sexual preference or any other personal factors. All individuals within our society may seek redress
within our judicial system based solely upon their perceived need
to bring a claim.
Where does the veteran enter into this analysis? If we were to
view our legal system as a great engine, judges, lawyers and court
personnel would be responsible for lovingly tending to the functioning of the apparatus. However, before the engine was put in
place, veterans were called upon to clear the field upon which the
great engine of justice now rests. Veterans hallowed the ground
with their blood. Over the course of more than 230 years, veterans
have toiled to construct a mighty fortress to enclose and protect the
engine, that it might continue to produce its sacred output: justice
for all. Today, our active duty, reserve and National Guard members continue to form the protective cordon around our mighty
engine of justice.
From the windy high ground at Yorktown, to the aching cornfields at Gettysburg. From the murderous trenches surrounding
Verdun, to the bloody beaches at Anzio and Normandy. From the
decks of the Enterprise, the Hornet and the Yorktown to the daring amphibious landing at Inchon. From the battle-scarred ruins of
the imperial capital of Hue, to the sands of Iraq and the back alleys
of Kandahar. At each of these points in our journey, the American
soldier, sailor, Marine, airman and Coast Guard has stood up and
proudly stated: “I will fight to establish and protect a system of
laws by and for the people.”
This is why veterans matter, or should matter, to attorneys.
PAGE 16
www.eriebar.org | January 2010
Changes to Domain Name Disputes Good for the Seoul: E-Filing
By Steven Fox
The process of filing and responding to complaints over domain names
is now easier. During a recent meeting in Seoul, South Korea, the
Internet Corporation for Assigned
Names and Numbers (ICANN)
removed the requirement for paper
pleadings.
ICANN is a world-wide, not-for-profit organization
which develops and implements policies governing selling, buying and using domain names. ICANN creates
top-level domains (the part after the dot, such as
“com” and “edu.”) ICANN also propagates the official,
online list of domain names and the corresponding IP
addresses: the list which translates easy-to-remember
domain names into the numbers computers and other
Internet-enabled devices need to find an online location. ICANN accredits registrars - the companies that
sell domain names - and promulgates the Uniform
Domain Name Dispute Resolution Policy (UDRP).
The UDRP creates the arbitration process and rules
by which disputes over the rights to domain names are
decided. Every contract to buy a domain name
requires the purchaser to accede to the UDRP.
Domain name disputes are commenced by filing a complaint with an
ICANN-approved dispute resolution
service provider such as The National
Arbitration Forum or the World
Intellectual Property Organization
(WIPO). An UDRP complaint must
contain a description of the complainant’s trademark rights and must
detail the manner in which the
domain name at issue is identical or
confusingly similar to the complainant’s trademark, why the
domain name holder has no rights or
legitimate interests in the domain
name, and why the domain name should be considered
as having been registered and being used in bad faith.
Whether or not a response is filed, the case is submitted
to the deciding panel which evaluates the merits even
if the respondent did not reply.
UDRP complaints are not notice
based; a short and plain statement of
“ Whether or not a
the claim is not sufficient.
Complainants must annex proof of
response is filed,
the allegations: witness affidavits,
relevant documents and any other
the case is submitted
evidence. Likewise, respondents
to the deciding panel
must annex proof of the defensive
allegations. Legal arguments and
which evaluates
copies of relevant cases are also part
of the pleadings. Thus, the domain
the merits, even if
name dispute resolution process is
the respondent
akin to a motion for summary judgment in lieu of a complaint, and the
did not reply.”
process allows parties one submission
(except in extremely rare cases). For
example, I have decided domain name disputes for
WIPO since 2003, and only twice were additional submissions allowed, each time at the request of the panel
to clarify specific issues: once to allow the complainant
to file consents of non-party companies whose trademarks would be affected by the decision, and once to
allow a complainant to file evidence of its own trademark rights in a default case where the initial evidence
was supportive but not sufficient.
Heretofore, parties had to file hard copies and digital
copies. Case files measured in reams and inches were
mailed world-wide to the dispute resolution service
provider, the respondent, the registrar, and the panelists. (I recently served on a panel with an attorney in
England and another in Australia.) Hereafter, only the
summons need be in hard copy: it will be sent to
respondents by e-mail, fax and snail mail for due
process reasons, to increase the likelihood of actual
notice in cases, for example, where respondent’s e-mail
address is wrong or changed.
The complaint and response and annexes may now
be filed and transmitted in electronic form. To learn
more, including the effective date (the resolution
adopting the change was not clear), go to
www.icann.org. See also www.wipo.int/export/sites/
www/amc/en/docs/icann170909.pdf.
The Seoul meeting also approved the first Internet
addresses containing non-Latin characters, such as
Arabic, Chinese, Cyrillic, Hebrew, and Japanese. [B]
News from Kent
continued from page 11
new client who pays only the same rate as the existing
one but then expresses some surprise when a new client
goes elsewhere because the lawyer has gone out searching for the next one?
My professional experience hitherto has shown me
that very few “marketing people” have any perception
of what we are actually offering, that is our time, our
expertise and our integrity. Unless and until they
understand that, they will end up sending yet more emails (the modern equivalent of the hand bill) destined
straight for the delete box or the bin.
On a brighter note, Kent Law Society recently held
one of its main board meetings at the offices of the Lille
Bar. The agenda was much the same but the setting
rather more grand. The immediate past Batonnier,
Betrand Du Bosque, gave a speech in his perfect
English recalling the genesis of the relationship
between the Kent Law Society and the Lille Bar and its
facilitation of our ties now with the BAEC.
You may recall from my column a few months ago
that Kent Law Society had changed its rules to allow
international membership. I am delighted to confirm
that a number of your members have now been welcomed into that category of membership with Kent
Law Society.
I know our members are looking forward to a long
and happy relationship and hopefully a time when we
can meet in the future.
[B]
PAGE 17
January 2010 | www.eriebar.org
WE ARE NOW BEGINNING WORK ON THE
News from the Young
Lawyers Committee
By Pietra Lettieri, Chair
2010-11
ATTORNEY DIRECTORY.
If you have ANY CHANGES
to your current listing,
you MUST submit them
no later than MARCH 1.
See page 5 of the
current Directory
for further details.
Frequently Asked Questions
N.Y.2d 30, 666 N.Y.S.2d 985 (1997), the Court of
Appeals held that the client was entitled to the entire
file, except for internal law firm documents. The firm
should give the clients an opportunity to pick up their
files before destroying them. Helpful guidance also can
be found in NYSBA Opinion 623 (1991) and NYSBA
Opinion 460 (1977).
Question: What about old original wills?
Can those just be thrown out on the reasonable assumption that they are no longer
needed because the clients have died or
found new counsel?
Answer: If a lawyer or law firm has retained original wills, they must be preserved or returned to the testators for safekeeping. Lawyers who retain original
wills should make arrangements for someone else to
safeguard them after they retire (or in the event of disability). In some cases, lawyers may be able to file them
with appropriate courts. Original wills, like contracts,
property deeds, trust instruments and other documents
that a client might need to establish “substantial personal or property rights,” or other original documents
like birth and marriage certificates and passports, must
be returned to the client or safeguarded by the lawyer.
Failure to do so can result in professional discipline for
failure to safeguard a client’s property or damages for
breach of fiduciary duty.
continued from page 12
Question: Is there anything else that a
lawyer or law firm should consider in
designing a document retention program
or policy?
Answer: Yes. First, no documents or files should be
discarded if they might be necessary to the firm’s
defense of its own conduct or its handling of a matter.
A firm should be particularly careful not to destroy
documents that show that the firm committed malpractice or violated the ethics rules. Second, it is very
important that client confidentiality be preserved during any document or file destruction. Shredding is
advisable, since anything else may lead to disclosure of
client confidences or secrets and liability for the firm.
Similar caution should be used when computer equipment is replaced. No computer should be disposed of
before the hard drive has been carefully erased,
scrubbed or shredded, which can be accomplished
simply by using available software programs. Just
deleting files and documents won’t do, since a person
with sufficient computer expertise can retrieve most of
those files and documents with a “restore” function.
Expert advice is strongly recommended.
Reprinted with permission from the New York State
Bar Association’s “Planning Ahead: Establish an
Advance Exit Plan to Protect Your Clients’ Interests in
the Event of Your Disability, Retirement or Death,” prepared by the Committee on Law Practice Continuity,
copyright 2005.
[B]
The Young Lawyers Committee
(“YLC”) is pleased to report that our
October meeting, featuring Richard
Cole and Wendy Juergens of Cole,
Sorrentino, Hurley, Hewner &
Gambino, P.C., who presented on the
“Nuts and Bolts of a Real Estate
Closing,” was a success. We would like to thank Wendy
and Richard for their participation and also those of
you who were in attendance.
A friendly reminder: The YLC generally meets on the
third Friday of each month at Bar Headquarters. Look
for an e-mail notice regarding our upcoming January
committee meeting.
For the social media butterflies out there - become
our “fan” on Facebook – YLC now has its very own
page, please join us!
The YLC is now gearing up for the annual High
School Mock Trial Tournament. Our program affords
area high school students an unparalleled opportunity
to develop their advocacy skills. Through our volunteer
lawyers and judges, students gain a broad understanding of our legal system. This year’s problem was presented to the attorney coaches on December 2nd. As of
this writing, 28 schools are signed up to participate in
the competition. We will be looking for volunteers to
judge the preliminary and final rounds and letters will
be sent out to past judges who are interested in returning for this year’s competition.
Finally, a special thank you to Josh Dubs and Leah
Nowotarski, two of our newest members, who have
stepped up to assist in coordinating events and meetings this year. If you have any ideas for upcoming
events or would like to give us feedback, please contact
Leah at [email protected], Josh at [email protected], or myself at [email protected].
As always, thank you for your support!
“We will open the book. Its pages are blank.
We are going to put words on them ourselves.
The book is called Opportunity and its first
chapter is New Year’s Day.”
~ Edith Lovejoy Pierce
PAGE 18
www.eriebar.org | January 2010
Our friends at LSED also presented the following
awards:
in the public service
• Volunteer of the Year: ANTHONY SZYCZYGIEL
• Medical Partner of the Year: Dr. STEVEN EVANS
• Corporate Partner of the Year: M & T BANK
By Robert M. Elardo, Managing Attorney
Volunteer Lawyers Project, Inc.
• Collaborative Partner of the Year: PEOPLE
INCORPORATED
• The Vision Award: CLIFF WHITMAN
Champions for Justice
IOLA Crisis Looming
If you missed the Champions for Justice Bash, you
missed out on a fun night. The Erie County Bar
Association Volunteer Lawyers Project (VLP) and Legal
Services for the Elderly, Disabled or Disadvantaged of
WNY (LSED) co-sponsored the event. The music was
provided by John & Mary and the Valkyries. There
were plenty of great auction items to bid on, including
beautiful artwork that was donated by local
lawyer/artists Giles Manias, Sandra Cassidy, Kerri
Collocchia, Glenn Edward Murray, Jill St. LedgerRoty, Jennifer Scarf and Harvey Siegel.
We wish to thank the following sponsors of the
event: Buffalo Spree; Cellino & Barnes; Family Choice
of WNY; Damon & Morey; M & T Bank; Supermarket
Management; Phillips Lytle LLP; National Fuel; Rich
Products; and Rupp, Baase, Pfalzgraf, Cunningham &
Coppola, LLC.
Prior to the Bash, a reception was held and Justice
Paula Feroleto helped VLP and LSED present awards.
VLP presented the following 11 Pro Bono Awards for
2009:
• In-House Volunteer: TRACIE L. COVEY
• Attorney of the Morning (Landlord-Tenant):
JENNIFER STERGION
• Bankruptcy: PAUL M. POCHEPAN
• Divorce: MINDY L. MARRANCA
• Family Law: LEAH A. BOUGUARD
• Family Law: NOEMI FERNANDEZ-HILTZ
• VLP VIP: C. KENNETH FOIT
• Litigation: TRACEY EHLERS
• Litigation: KEVIN KRUPPA
• Immigration: FRANK C. CALLOCCHIA
• Large Law Firm: DAMON & MOREY
Many people were involved in the work that won
Damon & Morey the Large
Firm Award. The whole effort
was lead by their Pro Bono
Coordinator, Marylou Roshia,
but the following attorneys
also contributed pro bono
work that lead to the award:
Kara
Addelman,
Mike
Amodeo, Jill Apa, Jesse
Baldwin, Andrew Borden,
Frank Callochia, Jennifer
Catherine, Pam Fielding,
Jennifer Flannery, John Ford,
Marc
Krawiek,
Michael
Marszalkowski,
Carroll
Meghan, Ryan Micklus, Taylor
Miranda, Jennifer Rodgers,
Amber Storr and Gregory
Zini. One law graduate,
Stacey Budzinski, also helped
the effort.
In the coming year, civil legal services providers face
a devastating reduction in the primary state level funding source, the Interest on Lawyer Accounts Fund
(IOLA). The IOLA Board allocates civil legal services
funding on a calendar year basis. VLP relies on this
funding, as IOLA made up 12 percent of our operating
budget last year. The IOLA Board
did take prudent steps to defer
some of the funds that were available for 2009 into 2010, however,
even taking that into account, they
have announced that overall 2010
funding is predicted to be 44 percent less than 2009 funding.
“Civil legal services
providers face a
stark reality. As
the economic crisis
deepens, more and
more clients come
to our doors in
need of help.”
Many thanks to all of these award winners for their
outstanding pro bono work during last year and thanks
to all of the approximately 400 attorneys who provided
pro bono work to VLP’s clients during the past year.
These substantial losses are
expected to continue during calendar year 2011. Based on these projected losses, civil legal services
providers’ ability to provide crucial
services will be decimated.
There is an effort underway to
formulate a temporary “bailout
plan” for IOLA. Such a “bailout
plan” was announced in Texas ($20
million “bailout” for their IOLTA
Plan). Other states are also considering such “bailouts.” Some may
think that such a bailout should not occur in these
tough economic times. However, it must happen
because of these tough economic times.
Civil legal services providers face a stark reality. As
the economic crisis deepens, more and more clients
come to our doors in need of help. They’ve lost their
jobs, they’ve lost their health benefits, they’ve lost their
disability assistance, they are in foreclosure, they are
being wrongfully evicted, they can’t afford a lawyer
and they need help. Before the economic downturn
and before the state funding cuts, more than 80 percent of low income New Yorker’s civil legal needs went
unmet. Without immediate intervention, that already
dismal number will continue to climb. As more and
more people have lost their jobs, increasing numbers
now qualify financially for our services.
In fact, people who have had middle class incomes
for the past 10 or 20 years are now coming to us for
help because they have been laid off from their jobs
and cannot make ends meet. So they cannot pay their
continued on page 20
LSED board members John C. Bailey, III and Thomas F. Keefe are pictured with LSED chief executive officer Karen L. Nicolson.
Jennifer P. Stergion, who received the Pro Bono Attorney of the
Morning (Landlord-Tenant) award, is pictured with her daughter
Valerie.
January 2010 | www.eriebar.org
PAGE 19
Litigation Pro Bono award winner Tracey B. Ehlers, at left,
is pictured with VLP attorney Elizabeth A. Ollinick.
Administrative Judge for the Eighth Judicial District Paula L. Feroleto, left, presented the Corporate Partner of the Year Award to M&T Bank representatives, vice president Joe Fruscione and assistant vice president/branch manager Karen Cullen, pictured with LSED chief executive officer
Karen L. Nicolson, at right.
Brian Welsh, Dean of the Erie Institute of Law and VLP
secretary, and BAEC vice president Scott M. Schwartz
VLP board chair Philip A. Perna, Administrative Judge Paula L. Feroleto and VLP managing attorney Robert M. Elardo presented the Pro Bono
Award to Marylou Roshia, who accepted it on behalf of Damon Morey LLP.
Second year law student Audrey Herman and Michele A. Brown of
Children’s Legal Center
VLP managing attorney Robert M. Elardo, River Accorsi and Michele
Sterlace-Accorsi, LSED board member who chaired the bash.
Liza Tommaney, VLP managing attorney Robert M. Elardo and Hon.
Rosalie S. Bailey
Nicole Blackwell, a paralegal from LSED
Taylor M. Miranda, associate and volunteer with Damon Morey LLP
VLP attorney Sophie I. Feal’s daughters Emilia and Nathalie
Navarrete
PAGE 20
In the Public Service
www.eriebar.org | January 2010
continued from page 18
mortgage or rent. They cannot pay their credit card
bills and utility bills. Their world is collapsing around
them and they are looking to programs like VLP to
provide whatever legal help we can to get them unemployment benefits, keep them from becoming homeless, and to get the collection agents off of their backs.
Providing funding for civil legal services is not only
the right thing to do, it is also cost effective in at least
three major ways. First, according to data from the
New York IOLA Program, civil legal services programs
in New York generate almost 93 cents in client financial
benefit for every $1 of funding that the programs
receive. These financial benefits are derived when we
obtain such things as SSI benefits, unemployment benefits and child support payments to which these clients
are entitled.
Secondly, not only is this an incredible return upon
investment, but putting extra money into the hands of
low-income people immediately stimulates a wide
variety of sectors of the local economy. Low income
people cannot afford the luxury of saving. Peter R.
Orzag, Congressional Budget Office Director, wrote,
“To boost cost-effectiveness further, policymakers
would need to focus on lower-income households and
those with difficulty borrowing. The studies of the
2001 tax rebate suggest that such lower-income and
credit-constrained recipients increased their spending
substantially more than the typical recipient.”
The third major way that civil legal services programs
are cost effective is that we generate millions of dollars in
state and local tax payer savings, by helping clients to
avoid homelessness, keeping kids out of the costly foster
care system, and helping people to develop other income
sources so that they can avoid welfare benefits.
I want to thank everyone who is helping to push for
the IOLA bailout. I also want to thank everyone who
has given generously to VLP this past year. Whether
your donation came through our fundraising campaign
or the BAEC dues check off, your financial support of
VLP is a crucial part of helping VLP to help thousands
of low-income clients each year.
Doug Winokur Remembered
On November 14th, we lost a dear friend when Doug
Winokur passed away. Doug was VLP’s staff attorney
from 1988 to 1992, but he remained involved with
VLP for many years after that. Doug was 66 years old
when he started with VLP, after a long career with the
NY State Department of Labor, which included time as
the Employment Security Superintendent. Doug was
always full of energy and had a great sense of humor.
He often used self-deprecating humor to help put others at ease or to help younger lawyers to subtly learn an
important lesson.
I can remember him often impressing upon young
lawyers the importance of being good listeners by
telling the story of one of his own first times in court.
Doug would say that he was standing at the counsel
table making his argument and he was very caught up
in it. His client started pulling at his coat sleeve and
Doug, not wanting to be interrupted, brushed him
away. When the client again pulled at his sleeve, Doug
reluctantly interrupted his argument to find out what
the client wanted. The client whispered to him, “You
can sit down. The judge said that we won.”
I never knew if the story was true, but it always drew a
laugh, followed by recognition of one or more of the several useful lessons to be found in that simple little story.
I learned a great deal from Doug, as did many of the
young lawyers who volunteered in our office.
He was 88 years old when he passed away suddenly.
He was still maintaining a private practice and had just
seen a client that morning, even though it was a
Saturday. Doug will be fondly remembered and a little
part of him will live on in my heart and in the hearts of
others whose lives he touched.
[B]
What’s Your Line?
Share It with Listeners
on WNED Radio Program
Educating consumers about their legal rights has
always been a Bar Association priority. Each week,
4,000 listeners tune in to The Law Line on WNEDAM 970 to hear host Mike Desmond talk to local
lawyers on subjects of interest to the general public.
From talk about Lemon Laws to marital matters and
real property law, the program has been educating
western New Yorkers since 1997.
So what’s your line? Want to talk about it on the
radio? The live call-in show airs every Saturday at
10:00 am from the WNED studios at Horizon Plaza
(Lower Terrace at Charles Street). Call Maureen
Gorski at 852-8687 or email her at [email protected] if you’d like to appear as a guest on the
show.
Domestic Violence
is NEVER Okay.
Domestic abuse doesn’t discriminate. It happens within all age ranges, ethnic backgrounds,
and financial levels. If it happens once, it will
happen again. The abuse may occur during a
relationship, while a couple is breaking up, or
after a relationship has ended.
Despite what many people believe, domestic
violence is not due to an abuser’s temporary
loss of control over his or her behavior. In fact,
violence is a deliberate choice made by the
abuser in order to take control of a spouse or
partner.
Look What You Made Me Do! In spite of
the abuser’s efforts to “blame the victim,”
domestic violence is NEVER your fault. If you
or a loved one are suffering, help is just a phone
call away. Please call 852-1777 in complete
confidence today to be referred to a colleague
who can help.
Don’t Suffer in Silence.
Let Us Help You Find Your Voice.
The Law Line is underwritten by the Erie County
Bar Foundation and the BAEC’s Lawyer Referral and
Information Service.
Recycle your Bulletin
PAGE 21
January 2010 | www.eriebar.org
Annual Dinner Awards Recognize Outstanding Contributions to the Profession
Each year at the annual dinner, the BAEC recognizes
lawyers and judges who have made outstanding contributions to the Association, the legal community and
the profession.
All members are encouraged to send in their nominations to the awards committee. The board of directors reviews the recommendations of the awards
committee and makes the final determinations.
It is our goal to honor the most deserving recipients
each year and to make certain that all members have
the opportunity to participate in the process. Please
consider submitting your nomination(s) for the following awards:
The Lawyer of the Year Award
There are no specific criteria for this award. In the
past, the award has been bestowed on attorneys who
have made considerable contributions to the legal profession and community, or devoted considerable time
and efforts to Bar Association activities. Recent
Lawyers of the Year include Francis X. Carroll
(2008) and David Gerald Jay (2009).
All Bar members are eligible for this award. Those
nominated should:
1. Promote the good will of the profession both within and outside the legal community.
2. Foster respect for the legal profession.
3. Elevate the standard of integrity, honor and courtesy in the profession.
4. Encourage the spirit of brotherhood and sisterhood among members of the Bar.
5. Protect and promote the interests of the public
and the profession and advance the administration of justice.
In Memoriam
“Memory is a way of holding on
to the things you love,
the things you are, the things you
never want to lose.”
~ Kevin Arnold
We wish to honor the memory of the following members of our Bar Association. Memorial
gifts to the Erie County Bar Foundation are
an excellent way to remember friends and
colleagues, as gifts are used for the benefit
of the entire profession.
Douglas Winokur
6. Promote the protection of American institutions
and principles.
The Outstanding Jurist Award
This Award is only presented when a jurist’s devotion
to the profession and the judicial system warrants singular recognition. The award recipient must receive a
two-thirds vote of the board of directors in order for the
award to be conferred. Recent recipients include Hon.
Rose H. Sconiers (2008) and Hon. Joseph D.
Mintz (2009).
The Special Service Award
This award is also not presented annually, but whenever a person has contributed to the good and welfare
of the Bar Association of Erie County and its members
in an exceptional manner. The Lawyers Helping
Lawyers Committee received the award in 2008 and
Daniel T. Lukasik was recognized in 2009.
Award of Merit
There are no criteria established for the Award of
Merit. Its presentation often reflects extraordinary circumstances that deserve special recognition. Sharon
Stern Gerstman was honored in 2008 and the award
was presented to Robert M. Elardo in 2009.
Charles H. Dougherty Civility Award
The Bar Association of Erie County established the
Charles H. Dougherty Civility Award to recognize a
lawyer in our community for demonstrating the highest standards of professionalism and civility in the
practice of law. Douglas S. Coppola was recognized
in 2008 and the award was given to Joseph B.
Mistrett and Richard N. Blewett in 2009.
Attorneys or judges nominated for this award should:
1. Demonstrate courtesy and professionalism in
dealings between lawyers, judges, court personnel, witnesses and clients.
2. Promote the resolution of legal matters and avoids
undue burden and expense.
3. Elevate the standard of integrity, honor and courtesy in the legal profession.
How to Nominate a Candidate for an Award
Nomination forms for each of the awards are available by calling Sharlene Hall at 852-8687, Ext. 20.
Completed forms should be forwarded to E. Michael
Semple, Awards Committee Chair, at the Bar
Association office. The deadline for receipt of nominations is March 5, 2010.
PAGE 22
www.eriebar.org | January 2010
ERIE INSTITUTE OF LAW
PROVIDING CONTINUING LEGAL EDUCATION FOR YOUR PROFESSIONAL ADVANTAGE
PLEASE NOTE: The Erie Institute of Law is unable to issue partial credit for seminars, except for multiple session programs such as the Tax and
Leadership Institutes. If you have questions about whether a program qualifies for partial credit, please call Mary Kohlbacher at 852-8687.
Date/Time/Location
Topic
CLE Credits
Price
Wednesday, January 13, 2010
1:00 p.m. - 2:00 p.m.
Adelbert Moot CLE Center
438 Main St.
Buffalo, NY
New Judicial Diversion Program for Substance Abuse Offenders
CPL Article 216 (effective 10/7/09)
(Noonday)
1.0 credit
$20 members and
non-members
Friday, January 15, 2010
9:00 a.m. - 1:00 p.m.
Adelbert Moot CLE Center
438 Main St.
Buffalo, NY
Education Law:
Rights of Students with Disabilities
(Seminar)
4.5 credits
$70 members
$100 non-members
January 20, 2010
1:00 p.m. - 2:00 p.m.
Adelbert Moot CLE Center
438 Main St.
Buffalo, NY
Update on Recent Decisions from Erie County Surrogate’s Court
(Noonday)
1.0 credit
$20 members and
non-members
January 22, 2010
1:00 p.m. - 4:30 p.m. - Seminar
4:30 p.m. - 5:30 p.m. - Reception
Hyatt Regency Buffalo
Two Fountain Plaza
Buffalo, NY
U. S. Supreme Court Review and Preview
October 2008 - October 2009 Terms
(Seminar)
Cocktail Reception to follow
Sponsored by Batavia Legal Printing, Inc. and Counsel Press LLC
3.0 credits
$60 members
$90 non-members
✃
Mail or fax to: Erie Institute of Law • 438 Main Street, Sixth Floor, Buffalo, New York 14202
ERIE INSTITUTE OF LAW
(716) 852-8687 • Fax (716) 852-7641
Name ______________________________________________________________________________________________________
REGISTRATION FORM
Please register me for the following
Erie Institute of Law sponsored events:
1. ________________________________________
Firm ______________________________________________________________________________________________________
Address ____________________________________________________________________________________________________
2. ________________________________________
3. ________________________________________
City ________________________________________________________ State ____________ Zip ________________________
Phone ___________________________ Fax __________________________ E-mail
Enclosed is my check in the amount of $ ____________________❐ Visa
Cancellation Policy: If you are unable to
attend a seminar, for which you have already
registered, call Mary Kohlbacher at 852-8687
ext. 15. For a full refund, notice of your
cancellation must be received before the
date of the program. Registrants who are
pre-registered and fail to attend will receive
course materials in lieu of a refund.
__________________________________
❐ MC
Card Number ______________________________________________________________ Exp. Date ______________________
Cardholder Signature ________________________________________________________________________________________
PAGE 23
January 2010 | www.eriebar.org
COMPUTER & TECHNOLOGY TRAINING
Technology. At its best, it helps us to process information more efficiently and effectively. But the rapid-fire changes in the way we communicate
can easily become overwhelming. If the Information Age sometimes makes you feel like you’re drowning in a sea of confusion, this Computer and
Technology Training program was developed especially for you.
By investing just one lunch hour a week, you can quickly begin to master the basics of such popular programs as Microsoft Word, Excel, and Outlook.
You’ll also learn how to use Internet Explorer to navigate the World Wide Web and bring a whole world of resources to your fingertips.
Class size is small – just six students per session to allow for personalized attention – so sign up today!
Mail or fax to: Erie Institute of Law • 438 Main Street, Sixth Floor, Buffalo, New York 14202
(716) 852-8687 • Fax (716) 852-7641
Computer Classes are continually offered – if these don’t fit your schedule. Check with www.eriebar.org for upcoming programs.
✃
Class (No CLE Credit)
Major Topic
Date
Why Use Excel?
You see the icon on your
desktop but what can this
program do for me? This class
is designed to help students
see some practical applications
of the program and show how
it can work for the law firm.
Tuesday
1/12/10
How to Use PowerPoint
Why pay for expensive blow-ups
for the court room? This class is
designed to show you how to
make simple slides to explain
your case to the jury or even
others in your law firm.
Tuesday
1/19/10
• Review Basic Features of
Internet Explorer
• E-mailing Hyperlinks
Tuesday
1/26/10
Using the Internet
Managing Time in Outlook •
•
•
•
•
•
•
Getting Started in Word
•
•
•
•
•
•
•
Schedule Meetings
Create & Assign Tasks
Flag Messages for Follow-Up
Customize Outlook Today
Print Your Schedule
Assign Delegates & Permissions
View Activity Journal
Create a Document
Save a Document
Open an Existing Document
Edit Text
Store & Reuse Text
Proofread a Document
Print a Document
COMPUTER &
TECHNOLOGY TRAINING
REGISTRATION FORM
12:15 p.m. – 1:30 p.m. (noon registration)
D4 Tech Center
350 Main Street, Suite 1650
Buffalo, NY
Sign Me Up!
Class (No CLE Credit)
Major Topic
Date
Formatting in Word
•
•
•
•
•
•
•
•
Using Templates in Word
• Create a Letter, Memo or
Fax from a Template
• Create a Custom Template
• Modify a Custom Template
Tuesday
2/23/10
Using Tables in Word
• Create a Table
• Change the Size of Columns
& Rows
• Change the Look of Text
in a Table
Tuesday
3/2/10
Merging Data in Word
• Create a Data & Main Document Tuesday
• Create a Form Letter
3/9/10
• Create Mailing Labels
Getting Started in Excel
• Recognize Excel Features
• Navigate Excel
• Use Basic Spreadsheet Features
Sign Me Up!
Changing the Look of Text
Tuesday
Changing the Look of Paragraphs 2/16/10
Changing Line Spacing
Creating Tab Stops
Using Columns
Creating a List
Adding Borders
Setting Margins & Page Orientation
Tuesday
2/2/10
Tuesday
2/9/10
P R E R E G I S T R A T I O N
I S
Enclosed is $___________ for _____ reservation(s) for: ❐ BAEC Member $30
Tuesday
3/16/10
R E Q U I R E D
❐ Legal Staff $30
❐ Non-member $40
Registrant(s) ____________________________________________________ E-mail ____________________________________
Organization ____________________________________________________ Fax ______________________________________
[No food or beverages allowed in Tech Center]
Address ________________________________________________________ Phone ____________________________________
Cancellation Policy:After registering and within
3 business days, if you can no longer attend,
another individual from your organization may
attend or you may transfer your registration to
another program that is within 3 months of the
original program. (A balance due to registration
fee difference may apply.) No reimbursement or
transfers for cancellations not within the 3 days
or for not attending.
If you wish to charge this program, please complete the following and fax to (716) 852-7641 or mail to address above.
Please check: ❐ Visa
❐ MC
Exp. Date_________________
Card Number _______________________________________________________________________________________________
Cardholder Signature ________________________________________________________________________________________
PAGE 24
www.eriebar.org | January 2009
Save the Date...
for the 2010 President’s Ball in honor of
BAEC president Robert N. Convissar and
the Association’s past presidents. The
black-tie optional gala will be held on
Saturday, March 20 at Rich Renaissance.
Mark your calendar and watch this space
for further details.
JANUARY 2010
ALL MEETINGS HELD IN THE BAR CENTER, 438 Main Street, Sixth Floor, unless otherwise noted.
The Adelbert Moot CLE Center is also located at 438 Main Street, Sixth Floor.
FRIDAY 1
TUESDAY 12
TUESDAY 19
MONDAY 25
Office Closed ~ New Year’s Day
Labor Law Committee
12:15 p.m. - Sean P. Beiter, Chair
Board of Directors
8:00 a.m. - Robert N. Convissar,
President
Alternative Dispute Resolution
Committee
12:15 p.m. - Adelbert Moot CLE
Center
Patricia H. Potts, Chair
MONDAY 4
Professional Ethics Committee
12:15 p.m. - Thomas S. Wiswall,
Chair
TUESDAY 5
Board of Directors
8:00 a.m. - Robert N. Convissar,
President
Matrimonial & Family Law
Committee
12:15 p.m. - 25 Delaware Ave, 5th
Floor
Catherine E. Nagel, Chair
Real Property Law Committee
12:15 p.m. - Adelbert Moot CLE
Center
W. Clark Trow, Chair
Corporation Law Committee
12:15 p.m. - Kevin R. Talbot, Chair
WEDNESDAY 13
Federal Practice Committee
12:15 p.m. - Adelbert Moot CLE
Center
Timothy W. Hoover, Chair
Intellectual Property, Computer &
Entertainment Committee
8:00 a.m. - Towne Restaurant
Ellen Swartz Simpson, Chair
WEDNESDAY 20
Health Care Law Committee
12:15 p.m. - Lisa McDougall, Chair
Erie County Bar Foundation
8:00 a.m. - Michael J. Flaherty,
President
THURSDAY 14
WEDNESDAY 6
Legal Nurse Consultants Committee
12:00 p.m. - Adelbert Moot CLE
Center
Cynthia E. Wojciechowski, Chair
International Law Committee
12:15 p.m. - Marc D. Hess, Chair
THURSDAY 7
Negligence Committee
12:15 p.m. - Adelbert Moot CLE
Center
Arthur A. Herdzik, Chair
FRIDAY 8
Commercial & Bankruptcy Law
Committee
12:15 p.m. - Beth Ann Bivona, Chair
Lawyers with Depression Support
Group
12:30 p.m. - Bar Center, Brennan Room
Daniel T. Lukasik, Chair
Criminal Law Committee
12:15 p.m. - Adelbert Moot CLE
Center
Rodney O. Personius, Chair
Senior Lawyers Committee
12:15 p.m. - Richard N. Blewett,
Chair
Judicial Welcoming Ceremony
1:00 p.m. - Ceremonial Courtroom,
92 Franklin Street
FRIDAY 15
Committee for the Disabled
12:15 p.m. - Jessica V. Murphy, Chair
MONDAY 18
Office Closed ~ Martin Luther King,
Jr. Day
Appellate Practice Committee
12:15 p.m. - Bar Center, Brennan
Room
Marilyn A. Hochfield, Chair
Unlawful Practice of Law Committee
12:15 p.m. - Harry G. Meyer, Chair
THURSDAY 21
Committee on Veterans’ & ServiceMembers’ Legal Issues
12:15 p.m. - Michael C. Lancer, Chair
Environmental Law Committee
12:15 p.m. - Bar Center, Brennan
Room
John T. Kolaga, Chair
FRIDAY 22
Young Lawyers Committee
12:15 p.m. - Pietra G. Lettieri, Chair
Lawyers with Depression Support Group
12:30 p.m. - Bar Center, Brennan Room
Daniel T. Lukasik, Chair
Banking Law Committee
12:15 p.m. - Phillips Lytle LLP
Alexandra E.J. Townson, Chair
Workers’ Compensation Committee
12:15 p.m. - Statler Towers
Philip Scaffidi, Chair
TUESDAY 26
Elder Law Committee
12:15 p.m. - Adelbert Moot CLE
Center
Charles Beinhauer, Chair
Municipal & School Law Committee
12:15 p.m. - Herbert J. Glose, Chair
WEDNESDAY 27
P&P in Family Court Committee
12:15 p.m. - Family Court
Mindy L. Marranca, Chair
THURSDAY 28
Human Rights Committee
12:15 p.m. - Alan J. Bozer, Chair
P&P in Surrogate’s Court Committee
12:15 p.m. - 438 Main Street, 12th
Floor
Catherine T. Wettlaufer, Chair
Small Law Office Technology
Committee
1:00 p.m. - Adelbert Moot CLE
Center
Alvin M. Greene, Chair
www.eriebar.org