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Permit No. 416
Vol. 49 | No. 1 | September 2009
Bar Association of Erie County
BULLETIN
w w w. e r i e b a r. o r g
President’s Letter
By Robert N. Convissar
The Art of Civil and Criminal Trial Advocacy Is Subject
of Two-Day September CLE Seminar
“Persuasion is more powerful
than Thor with his hammer.
The one melts, the other breaks
into pieces.”
~ H ENRY D AVID T HOREAU
Fahringer
Few among us would question that the art of persuasion is the most effective tool in the arsenal of a successful trial attorney. To that end, the Erie Institute of
Law has designed a two-day seminar which will convene the top civil and criminal trial lawyers in our area
to discuss cutting edge approaches to the art of trial
advocacy. Top plaintiffs’ and defense attorneys will
address the trial of a civil case on Friday, September
25. On Saturday, September 26, top prosecutors
and criminal defense attorneys will cover the trial of a
criminal case. Both sessions will be held at the
Ceremonial Courtroom from 8:55 a.m. to 5:00 p.m.
The Godfather
Writing a President’s Letter stinks. You have to
be smart, funny, topical, informative, interesting
and aware that very smart people are reading
your words, praying that they won’t be wasting
their time. And checking your grammar. (The first
lawyer who correctly tells me what’s wrong with
those last four words will get a major award.) As
the deadline approaches, you wrack your brain
and nothing happens until the middle of the
night, when you bolt upright and it all comes in
an overflowing cascade of brilliance. That is a
wonderful thing. But only if you put on your
reading glasses as you furiously scribble in the
dark and if you can make sense of your notes in
the morning. How many brilliant legal arguments
have been lost because we couldn’t read our notes
in the light of day?
Well, I woke up at 4:30 a.m. at the Hyatt
Regency in Chicago, on the last morning of the
conference of the National Conference of Bar
Presidents and the Metropolitan Bar Caucus,
which is comprised of state and local bar
Presidents from across the country. You gotta love
these meetings. Everybody is complaining (they
said I couldn’t write ‘pissing and moaning’) about
how terrible the economy is; how much membership they are losing; how hard it is to gain new
members; how hard it is to program effective
CLEs and how few people attend them; and how
their programs and benefits are suffering.
It made me think of the scene in “The
Godfather” (please forgive me, Maryann, it’s only
to make a point) when Don Corleone, on the day
of his daughter’s wedding, hears the request of his
godson, the Hollywood actor who cannot get a
part in a new picture. The character, Johnnie
Fontaine, is sniveling, crying and whining.
Finally, Marlon Brando slaps him across the face
and says: “Be a man!” (Of course, he then has the
continued on page 2
Chaired by Terrence M. Connors, who is well recognized as one of the pre-eminent trial attorneys in the
state, the faculty is composed of some of the most successful and experienced trial lawyers ever to practice in
western New York.
“It is literally a ‘who’s who’ of trial practitioners in
both civil and criminal law,” Connors said. “In fact, it
is a rare opportunity for trial lawyers to listen to legends like Phil Magner on jury selection, and Dan Roach
and Ange Faraci on the cross-examination of experts.
These lawyers and many others will talk about the key
parts of a civil and criminal trial.”
Connors, who recently was named Personal Injury
Litigator of the Year by The Best Lawyers in America,
will also participate in the program, along with Brian P.
Crosby, a former Regent and State Chair of the
America College of Trial Lawyers. They will discuss
trial themes, theories of recovery and theories of damages. The program will emphasize practical assistance
in addition to addressing theoretical perspectives.
Dan D. Kohane will explain how to utilize insurance
coverage from both the plaintiff and defense counsel
perspectives. Lawrence J. Vilardo will discuss how to
protect the record for an appeal, while Greg Huether,
Chief Counsel for the Attorney Grievance Committee,
will “help keep your ethical compass pointed in the
right direction,” Connors said.
Fahringer Featured in Saturday Program
On Saturday, the seminar’s emphasis will switch to
the trial of a criminal case. William J. Hochul, Jr., and
Rodney O. Personius will discuss the importance of
having the trier of fact adopt the trial theme. John F.
Humann and Thomas J. Eoannou will help attendees
develop the trial theme through cross-examination.
District Attorney Frank A. Sedita, III, and Paul J.
Cambria, Jr., will discuss summations and Daniel J.
Henry, Jr. will address ethical landmines that sometimes face criminal defense lawyers.
Lastly, nationally recognized trial and appellate
lawyer Herald Price Fahringer will deliver the first John
W. Condon lecture on “The Art of Persuasion.” One of
the leading trial and appellate criminal lawyers in the
United States, Fahringer originally practiced with the
Buffalo firm of Lipsitz Green Scime Cambria LLP
before moving to New York City.
As of press time, the following presenters had just
been added to the faculty: Joel L. Daniels; Rosanne E.
Johnson of the District Attorney's office; Laraine Kelley
of Lipsitz Green Scime Cambria, LLP; Joseph V. Sedita
of Hodgson Russ, LLP; and Kathleen M. Sweet of
Gibson, McAskill & Crosby, LLP.
Watch your mail for additional information, and plan
now to attend this important program.
[B]
Third Annual Leadership Institute Scheduled
Leadership is about inspiration, of oneself and of
others. Lawyers have long been called upon to fill leadership roles in law firms, community organizations and
bar associations. Have you always wanted to hone your
leadership skills? Or is there a shining star in your firm
who you can envision as a future community leader?
The BAEC’s third annual Leadership Institute will
begin on Tuesday, October 13 and run through
November 17, with graduation scheduled for
November 24. Enrollment is limited to 20 attorneys repre-
senting a diverse range of demographics and practice areas.
The course consists of three evening sessions and one
overnight program. All applicants must have at least
three years of practice experience; there is no upper
age limit. The cost of the program is $500 and includes
12 CLE credit hours, all meals and an overnight stay
at Beaver Hollow.
Deadline for applications is Friday, September 18.
Please contact Maureen Gorski at 852-8687 for further
information.
Plan now to stay healthy this winter by scheduling a flu and pneumonia
vaccine now. The Visiting Nursing Association will be at the Bar Association
offices on Tuesday, October 20th from 9:00 a.m. until 3:00 p.m.
The clinic will be held in the Adelbert Moot CLE Center on the 6th floor
of the Main-Court Building (438 Main Street). Contact Maria Scheffler
at 852-8687 for further details or to make an appointment.
An Apple a Day…
PAGE 2
www.eriebar.org | September 2009
Vol. 49 | No. 1 | September 2009
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, Frank J. Boccio, Harold J. Brand, Jr., Peter J.
Brevorka, Phillip Brothman, James E. Brown, T. Alan Brown, Joel
Brownstein, David Buch, Sarah Hill Buck, James P. Burgio, Michael C.
Burwick.
John F. Canale, James N. Carlo, John J. Carney, Peter B. Carr, Alan S. Carrel,
Francis X. Carroll, Thomas R. Cassano, Stephen E. Cavanaugh, Ferdinand
J. Ciccarelli, John F. Collins, William B. Collins, Anthony J. Colucci, Jr.,
Robert B. Conklin, Robert N. Convissar, Edward C. Cosgrove, Peter L.
Costa, Paul Crapsi, Jr., Douglas S. Cream, Hon. John T. Curtin, Steven P.
Curvin, Roger T. Davison, Dennis J. Dee, John M. Dempsey, Richard F.
DiGiacomo, Anne C. DiMatteo, Robert G. DiVita, David A. Doll, Dean M.
Drew, Hon. Timothy J. Drury, Marvin T. Dubin, Robert E. Dwyer, Donald B.
Eppers, Leo J. Fallon, Victor N. Farley, Mark G. Farrell, Gabriel J. Ferber,
Michael E. Ferdman, Robert P. Fine, Peter J. Fiorella, Jr., Brian P. Fitzgerald,
Thomas P. Flaherty, Richard E. Forrestel, 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, Robert J. Kresse, Karl W. Kristoff, Thomas E. Krug.
Stephen R. Lamantia, John P. Lane, William E. Lawson, Richard J. Lehner,
William E. Leising, Martin G. Linihan, John N. Lipsitz, Richard Lipsitz,
Arthur A. Lorenzo, Harry E. Lorenzo, William J. Love, Jr., Leo M. Lynett, Jr.
James L. Magavern, Irving C. Maghran, Jr., Mark J. Mahoney, Arthur J.
Maloney, Richard C. Marcus, John Markarian, Mary Dee Martoche, Hon.
Salvatore R. Martoche, 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, Douglas L. Winokur, Wayne
D. Wisbaum, Raymond V. Wylegala, Richard D. Yellen, George M.
Zimmermann, H.A. Terri Zionts.
Self Portrait: Immediate Past President Giles P. Manias
President’s Letter
continued from page 1
head of a horse cut off, but that’s for another
President’s Letter.)
extremely well planned, offer exceptionally good values, and are well attended.
That’s the way I felt listening to all the whining in
Chicago. We represent lawyers, the best profession in
the country. Stop the self-pity and act like the proud,
professional organization you ought to be. Just do your
jobs, concentrate on your services, help your lawyers
and success will follow.
To the astonishment of almost all other bar associations, we have full contested elections for our officers
and directors. This gives our members an investment in
the bar itself through participation in the voting
process. There are no cliques in Erie County, no “bar
people” who self-perpetuate themselves. Only fools like
me and all my predecessors, who said yes in answer to
the call. (I’m not sure, but I think I just called a sitting
Appellate Division Justice and a Federal Magistrate
Judge fools – sorry!)
The Bar Association of Erie County is just that:
proud, effective, professional and successful. Thanks
goes to Kathie Bifaro and the staff for running this
place with a laser focus on serving our members.
We are 3,800 lawyers strong. We represent almost 85
percent of the attorneys who practice law in Erie
County. If we could get the D.A., the U.S. attorney, the
attorney general and the county attorney to help us,
our friends in the public sector would be welcomed
with open arms and we’d have a miraculous percentage. Kathie and I would probably win an award from
the whiners.
We represent almost 70 percent of the judges who
work in the courts in Buffalo and Erie County. We,
along with our state bar, have been working hand in
hand with the judiciary to attain a reasonable salary
increase for our judges. But there is always room for
greater participation by our judges, especially since
they don’t buy a robe every year.
Our members are well served. Our programs and list
of benefits runs over two pages; our CLEs are
This issue of the Bulletin focuses on our committee
system, our chairs and their members. It is encouraging to see the number of lawyers who work on our
committees, which are the lifeblood of our organization. I ask you to look over our list of committees and
join one. Come to the meetings, create or renew professional relationships, stay on top of the ever-changing
law and get involved. Make a name for yourself and
one day you’ll answer that call.
I promise to continue to focus on advancing the
interests of our profession. As we go forward through
the year, we will keep you informed of all the work that
is being done on your behalf. I need your help and I
want your involvement. I also want your input. You can
e-mail me at [email protected]. But remember, if
you tweet me, I’ll call a cop.
Now I can go back to sleep and hope I don’t wake in
a bloodbath. Ciao.
[B]
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
•
•
October 2009 Bulletin D E A D L I N E
•
•
•
The next deadline for ALL Bulletin contributors and advertisers is
Friday, September 4, 2009.
Call Susan Kohlbacher at Bar Headquarters for more information, 852-8687.
PAGE 3
September 2009 | www.eriebar.org
bench and bar in the news
Richard S. Binko has been
installed as the 42nd president of the
New York State Trial Lawyers
Association (NYSTLA). Binko was
sworn in by NYS Court of Appeals
Judge Eugene F. Pigott, Jr. in a ceremony held at the Buffalo and Erie
Binko
County Historical Society. Binko is
founder of the Law Offices of Richard S. Binko, which
he opened in 1987. Founded in 1953, NYSTLA has
over 4,000 members.
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.
CPT Stanley Kwieciak III has been deployed to
Qatar, where he will serve as the Command Judge
Advocate of the 31st Air Defense Artillery Brigade. He is
a partner in the firm of Kwieciak, Kwieciak & Kwieciak
LLP and is on leave to serve in the US Army. He will
complete his military duties and return to the firm in
February of 2011.
Smith
Kim
Douglas R. Smith and Bo
Gyung Kim have been named associates at Kloss, Stenger & LoTempio.
Both are 2008 graduates of the
University
at
Buffalo
Law
School. Smith, registered to practice
before the United States Patent and
Trademark Office, concentrates his
practice in intellectual property matters including patent, trademark,
copyright prosecution and infringement litigation. Kim concentrates her
practice in business and corporate
law, contracts, product liability, civil
litigation and business immigration
law.
Kevin Wicka has joined the
Buffalo office of Brown and
Tarantino, LLC as a partner. Wicka is
a litigator practicing in the areas of
employment law and personal injury.
He is also the immediate past chair of
the BAEC’s Labor Law Committee
Wicka
for the Bar Association of Erie
County. Wicka is admitted to practice in the Second
Circuit, United States Court of Appeals; the United
States District Court Western District of New York; the
United States District Court for the Northern District
of New York; and the State of New York.
The law firm of Lorenzo and Cohen has merged
with HoganWillig. Lorenzo and Cohen attorneys
Steven M. Cohen and Steven Bachmann Dietz,
have joined HoganWillig’s litigation department.
Cohen will chair HoganWillig’s litigation department
and Dietz will focus on personal injury and commercial
litigation as an associate attorney. Harry E. Lorenzo
retired from the firm after 58 years of practice. The
former Lorenzo and Cohen team will be located at
HoganWillig’s Lockport office on Davison Road until
late fall, when the firm’s new office building, located at
2410 North Forest Road in Amherst, is scheduled for
completion.
Lonski, Reese Honored by
NYS Defenders Association
Robert D. Lonski and Melissa Reese, pictured
above, were recently honored at the annual meeting of
the New York State Defenders Association held in
Saratoga Springs. Reese, an attorney with the Erie
County Assigned Counsel Program, received the Kevin
M. Andersen Memorial Award in recognition of “dedication to the public defense system and compassion for
clients.” Lonski is the administrator of the BAEC’s Aid
to Indigent Prisoners Society and the Assigned Counsel
Program. He received the Wildred R. O’Connor Award
in recognition of his “sustained commitment to the
client-centered representation of the poor.”
[B]
James P. Domagalski, a partner
with Hiscock & Barclay, LLP, has
been elected managing director of
the firm’s 40-lawyer Buffalo
office. Domagalski is a trial lawyer in
federal and state courts and before
administrative agencies. He is also
Domagalski
chairman of the Erie County
Republication Party and serves on several local charitable boards including the Roswell Park Alliance Board
and Mercy Hospital Foundation Board.
Ryan Mills has been named a
partner with Brown & Kelly LLP. He
concentrates his practice in litigation,
along with corporate, real estate and
estate matters. He is a member of the
firm’s asbestos defense department
and serves as treasurer for the
Mills
Buffalo Inns of Court. Mills also
serves on the Clarence Zoning Board of Appeals. He is
admitted to the United States District and Bankruptcy
Courts for the Western District of New York.
Bar Committees
continued on page 24
Consistently rated as a top benefit of
membership, Bar committees are a
great way to connect with colleagues
and keep pace with the profession.
See the special insert in this
The Company of
issue…and plan to participate!
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 | September 2009
Notice to Attorneys
citations
By Jeff Spencer
CANINE CAPITAL PUNISHMENT
“CUR-TAILED”
The dogs’ attack was not provoked
But to the complainant this was surely no joke.
A vicious attack with teeth and jaw
The defendant and his dogs surely broke the law.
Prior incidents had a strong bearing
After the judge’s lengthy hearing
It was his firm determination
To order the dogs to undergo euthanasia!
But the Appellate Court saved them from sure demise
The language of the new statute was their reprise
The dogs were bad, but that’s not enough alone
Aggravating circumstances must be shown.
Peo. v. Jornov, __AD3rd__, 4th Dept.,7/2/09, #807
SLIPPERY STONE DUST FUSS
Summary judgment was denied by our Fourth
Department where a quarry allowed stone dust from its
operations to accumulate on a nearby road. Plaintiff’s
backhoe allegedly tipped over as a result of the
increased slipperiness of the road. (Lastowski v. V.S.
Virkler & Son, Inc., et al.,__AD3rd__, 4th Dept.,
7/2/09, # 823)
MOVE NIXES MODIFICATION
Where both parties have moved out of state, the New
York Court may grant a judgment for arrears under the
prior New York order, but may not modify the prior
order. (In the Mtr. of Cardone v. Calhoun, __AD3rd__,
4th Dept., 7/2/09, #796) See also Flash v. Fudella
(__AD3rd__, 4th Dept., 7/10/09, #868) and
Aylsworth v. Kowalczyk (__AD3rd__, 4th Dept.,
7/10/09, #761) regarding the proper calculation of
arrears.
CREDITOR GETS BURNED ON RETROACTIVE
LIEN RENEWAL
The Court of Appeals has held that a judgment creditor was not entitled to retroactive effect to the renewal of a judgment lien leaving said renewed lien in an
inferior position to later filed liens. (Gletzer v. Harris,
12 N.Y.3rd 468, 5/12/09) However, see Koehler v. The
Bank of Bermuda (__NY3rd__, 6/4/09), which
allowed a New York Court to order an out-of-state
bank to deliver a judgment debtor’s stock to the judgment creditor.
WHEN STATE OF MIND MATTERS
Defendant’s conviction for murder required a finding
by the jury that her mental state was one of “depraved
indifference” in light of the Court of Appeal’s ruling
during the pendency of this appeal. (Peo. v. Fulmore,
__AD3rd__, 4th Dept., 7/2/09, #755)
An unlawful U-turn on a beltway which resulted in a
motorcyclist’s death was held to be an insufficient basis
for a criminally negligent homicide charge. (Peo. v.
McGrantham, __NY3rd__, 6/25/09)
EASEMENT SUIT GETS BOOT
Our Fourth Department held that plaintiff’s proof
was insufficient to form a basis for establishing a prescriptive easement over defendant’s property. (Cook v.
Kenney, __AD3rd__, 7/2/09, #851)
EVERYTHING YOU EVER WANTED TO KNOW
ABOUT NONCONFORMING USES BUT WERE
AFRAID TO ASK
A comprehensive review of the law relating to nonconforming uses as exclusions from a zoning ordinance
can be found in Buffalo Crushed Stone Inc. v. Town of
Cheektowaga, __NY3rd__, 6/30/09.
PUBLISHED RULES OF THE
JUSTICES OF THE SUPREME COURT
FOR CIVIL & MATRIMONIAL CASES
EIGHTH JUDICIAL DISTRICT - 14th Edition
Now available through:
CHIEF CLERKS of the
SUPREME/COUNTY COURTS
8th Judicial District
25 Delaware Avenue, Ground Floor
Buffalo, New York 14202
BAR ASSOCIATION of ERIE COUNTY
438 Main Street, 6th Floor
Buffalo, New York 14202
Copies of the Rules are also available online at
http://www.nycourts.gov/courts/8jd/rules.shtml
SLIDE RULES
Fact issues precluded summary judgment where a
child was injured in a fall from a playground slide on to
a hard surface below the slide. (Butler v. City of
Gloversville et al., __NY3rd__, 6/30/09)
LANDLORD ELATION
The landlord was found to be an additional insured
under the policy obtained by the tenant in Kassis v.
The Ohio Casualty Ins. Co., __NY3rd__, 6/25/09.
TIME LINES REFINED
In a thoughtful opinion by Judge Eugene Pigott, the
Court of Appeals has held that a drainpipe interruption
was a continuous trespass on plaintiff’s right of way.
(Bloomingdales, Inc. v. NYC Transit Auth.,
__NY3rd__, 6/11/09)
A claim of negligence during an IME was held to be
covered by the two and a half year statute of limitations governing medical malpractice. (Bazakos v.
Lewis, __NY3rd__, 6/24/09)
SECTION 240 ROUNDUP
Plaintiff should have been granted partial summary
judgment after a fall from an elevated platform while
repairing a signal on an Erie Canal lock. (Buckmann v.
State of New York, __AD3rd__, 4th Dept., 7/2/09,
#589)
Partial summary judgment denied where plaintiff
strained a muscle while working at an elevated site, but
wasn’t injured as a result of a fall. (Rigby v. The Brisky
Family Ltd. Part., __AD3rd__, 4th Dept., 7/2/09,
#867)
A worker’s fall from stilts was held to not qualify as a
fall from an elevated work site under the statute.
(McNabb v. Oot Bros., Inc., et al., __AD3rd__, 4th
Dept., 7/10/09, #865)
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.
PAGE 5
September 2009 | www.eriebar.org
New Committee to Serve
Veterans, Service Members
death and taxes
By Peter J. & Jillian E. Brevorka
Recent Surrogate’s Court Decisions and Other Estate
Planning Matters
Tydings v. Greenfield, Stein & Senior,
LLP, 11 N.Y.3d 195, 897 N.E.2d 1044
(N.Y. 2008)
In Tydings, a former trustee of a grantor trust
brought a malpractice action against the law firm of
Greenfield, Stein & Senior, LLP. The claim alleged the
law firm negligently defended the trustee during a proceeding to compel a trust accounting. As part of its
holding in the case, the Court of Appeals determined
when a cause of action accrues in a proceeding to compel a trustee to account.
Frieda Tydings had served as a trustee of a grantor
trust created by a relative. Ms. Tydings resigned as
trustee on January 1, 1997, and during the following
six years she did not render an accounting. On August
20, 2003, the trust’s grantor sought a compulsory
accounting from Ms. Tydings and her successor.
Ms. Tydings retained Greenfield, Stein & Senior,
LLP to represent her. The law firm filed a notice of
appearance, but did not answer the petition or assert a
statute of limitations defense. After the Surrogate of
New York County ordered Ms. Tydings to provide an
accounting, the grantor objected to the accounting and
sought to surcharge Ms. Tydings. Ms. Tydings, represented by new counsel, moved to dismiss the objections
and asserted the six-year statute of limitations in
CPLR 213(1) as a defense.
The Surrogate denied Ms. Tydings’ motion, concluding that Ms. Tydings failed to show the statute expired
before the proceeding to compel an accounting began.
The court also concluded that the statute of limitations
defense was unavailable because of Ms. Tydings’
untimely assertion of it.
The First Department affirmed the Surrogate’s decision on one of the Surrogate’s conclusions, holding that
Ms. Tydings had waived the statute of limitations
defense by failing to raise it in her response.
Ms. Tydings then filed this malpractice action against
her original counsel for damages she suffered in the
accounting proceeding. The trial court granted the law
firm’s motion to dismiss. The First Department
reversed, holding that the Surrogate’s ruling on the
statute of limitations issue in the first case should not be
given collateral estoppel effect. In addressing the merits of Ms. Tydings’ malpractice claim, the First
Department held that the statute of limitations for the
accounting proceeding had started when Ms. Tydings
resigned as trustee.
In evaluating the negligence issue, the Court of Appeals
had to consider whether the statute of limitations defense
was valid. If it was an invalid defense, the law firm was
entitled to a dismissal of the malpractice claim.
The Court concluded the statute of limitations defense
was valid under CPLR 213(1), which lists “an action for
which no limitation is specifically prescribed by law” as an
action that must be commenced within six years.
In considering what event commenced the six-year
time period, the Court reviewed and reaffirmed Judge
Cardozo’s decision in Spallholz v. Sheldon, 216 N.Y. 205,
110 N.E. 431 (N.Y. 1915). The Court stated that
Spallholz’s rule was easy to understand: once a trustee’s
role ends, a successor trustee and beneficiaries have six
years to compel an accounting from the former trustee.
The Court held that in the present case, Ms. Tydings’
relationship with the trust ended when she resigned on
continued on page 6
Lancer
Morath
Stergion
The Committee on Veterans’ and Service Members’
Legal Issues was recently granted permanent status by
the BAEC board of directors. Michael C. Lancer has
been appointed chair, Joseph D. Morath, Jr. will
serve as vice chair, and former chair Jennifer P.
Stergion will continue in the role of secretary. Lancer
is managing attorney of the Buffalo office of Cascone &
Kluepfel, LLP and Morath is an attorney at Connors &
Vilardo, LLP. Stergion is a sole practitioner who
recently established a law office at 500 Amherst Street
in Buffalo. New members are welcome. For further
details about the new committee and its activities, see
article on page 10 of this issue.
[B]
PAGE 6
Death and Taxes
www.eriebar.org | September 2009
continued from page 5
January 1, 1997. Because the proceeding to compel the
accounting commenced on August 20, 2003, more than
six years later, the statute of limitations had run, and
the proceeding was untimely. The Court noted the rule
did not infringe upon a plaintiff’s rights, because a successor trustee may demand an accounting from a previous trustee immediately upon taking office.
Matter of Velie, 62 A.D.3d 1244, 877
N.Y.S.2d 816 (4th Dept. 2009)
In Matter of Velie, the Fourth Department revisited
the application of §675 of the Banking Law to joint
accounts. The court’s memorandum decision reversed
in part and affirmed in part a decision by the Niagara
County Surrogate’s Court.
withdrawals made by the respondent from a joint bank
account during the mother’s life. The petitioner had
argued that the respondent did not have the power as
attorney-in-fact to make gifts to herself. The Appellate
Division held that the withdrawals were permitted
because the bank account was a joint account and the
presumption of Banking Law § 675 applied to the
account. Because petitioner had not rebutted that presumption as a matter of law, the court held he was not
entitled to summary judgment.
Matter of Hunt, unpublished opinion,
Cattaraugus County Surrogate’s Court
In a proceeding seemingly torn from the pages of
Bleak House, the Cattaraugus County Surrogate
denied a renewal of a motion to amend objections to
probate based upon fraud and undue influence, and a
motion to disqualify the court. The court also granted
The petitioner, a son of decedent Elizabeth O. Velie,
a cross-motion for summary judgment, admitting the
commenced a discovery proceeding under SCPA 2103,
will of Lucy M. Hunt to probate. The court’s spring
seeking discovery of a joint bank account and a joint
2009 decision followed Surrogate Larry M. Himelein’s
investment account into his late mother’s estate. The
fall 2008 opinion in the same case. In the earlier Hunt
respondent, the decedent’s daughter, argued that the
opinion, the court denied objectant
accounts in question were not
Ruth Hunt’s motion to amend
part of the estate, and asserted
objections to probate to include
she was entitled to a jury trial on
claims of undue influence and fraud.
the issues.
court concluded that a claim of
“ In a proceeding seemingly The
fraud and undue influence could not
The Surrogate had granted
be supported by the mere fact that
petitioner’s summary judgment
torn from the pages of
the two executors named in the will
motion with respect to an investBleak House, the
were present in the testator’s home
ment account. The Appellate
during the execution of the docuDivision reversed, holding that
Cattaraugus County
ment.
the petitioner failed to establish
Surrogate denied a
either that the account was creThe 2009 Hunt decision centered
ated for convenience only, or that
on the objectant’s allegations that
renewal
of
a
motion
it was created as the result of
newly discovered evidence demonundue influence or that the deceto amend objections
strated undue influence. The objecdent lacked the capacity to create
tant also moved for Judge Himelein
to probate based upon
the joint account.
to recuse himself, alleging that the
fraud and undue
Surrogate failed to address misconIn addition, the court held the
duct by the executor and that the
decedent’s daughter was correct:
influence, and a motion
judge was unfairly biased.
the lower court should have
granted the daughter’s amended
to disqualify the court.”
The objectant contended that the
petition for a jury trial. The
court’s failure to “sua sponte remove
Fourth Department stated either
the executors” mandated judicial
party is entitled to a jury trial
recusal. In addition, the objectant
when “an issue of title ‘is reached
alleged recusal was necessary
in a proceeding instituted by the estate fiduciary for
because the judge lived in Gowanda, the residence of
discovery under SCPA 2103 and 2104 . . . .’ ” (citation
the testator and other individuals involved in the case.
omitted)
In denying the recusal request, Judge Himelein noted
The court affirmed the Surrogate’s denial of the petithat the court “has always been hesitant to sua sponte
tioner’s summary judgment motion with respect to
anything on the grounds that ‘sua sponte’ and
‘reversed’ often appeared in the same sentence.” [cit.
om.] Judge Himelein also declined to recuse himself
from the case because of his residency. When discussing
the accusation of bias based upon his residency, Judge
Himelein inquired, “On that basis, where do I draw the
line? Is it in Gowanda, within five miles of Gowanda,
ten miles - or is it the entire county?” [cit. om.]
The court also denied the objectant’s renewal of her
motion to amend her objections to include claims of
fraud and undue influence. The objectant claimed new
evidence supported the renewal request. The new evidence consisted of an allegation that the granddaughter of an executor had wrongly obtained property from
an elderly man in an event unrelated to the present
case.
Surrogate Himelein denied the renewal motion and
noted that the new evidence failed to support the
objectant’s allegations. The Surrogate also stated that
allegations of impropriety were not relevant to the
Hunt proceedings, and that the “[o]bjectant again
seems to make a leap of logic the court is unwilling to
make.”
The court granted the estate’s motion for summary
judgment, holding that, as a matter of law, no evidence
demonstrated the decedent was unaware of her assets,
and, evidence clearly showed that the decedent was
competent when she executed her will.
[B]
Minority Bar Dinner Slated
for September 23
The Minority Bar Association of Western New York,
Inc. welcomes guest speaker Daryl D. Parks, partner at
Parks & Crump LLC, to this year’s MBAWNY
Foundation’s 27th Annual Scholarship and Awards
Dinner. The event will be held on Wednesday,
September 23 at the Buffalo Niagara Convention
Center. A cocktail reception will begin at 5:30 p.m. followed by dinner at 6:30 p.m.
This year’s dinner theme is “MBAWNY in the
Community” and organizers hope the event will be “an
inspiring time to honor our membership and members
of the local and legal community,” including recipients
of the following awards:
• MBAWNY President’s Award, honoring The Belle
Center, to be accepted by Michael Rivera, chairman of The Belle Center board, and Nestor
Hernández, executive director at The Belle
Center;
• Trailblazer Award, honoring Ruthe C. Ashley,
president and CEO of California ALL
(Aspire·Learn·Lead);
• Business Person of the Year Award, honoring
Sundra L. Ryce, president and CEO of SLR
Contracting & Service Company, Inc.;
• Education Award, honoring Ken Sroka, PhD, and
E. Roger Stephenson, PhD, as co-creators of the
Urban Leadership Learning Community at
Canisius College;
• John L. Hargrave Scholarship Award, honoring
Chenoa A. Maye, J.D. candidate, University at
Buffalo Law School;
• Legal Service Award, honoring Tasha E. Moore,
regional director of the State of New York Division
of Human Rights, Buffalo Office;
• Community Service Award, honoring Joseph M.
Hanna, partner, Goldberg Segalla LLP, chairperson of the networking event Success in the City,
and founder/CEO of Bunkers in Baghdad, Inc.;
and
• Marie Nesbitt Promise Prize Award, honoring UB
Law student J. Miles Gresham.
For sponsorship and ticket information, please
contact Sheldon K. Smith, MBAWNY vice president
and dinner committee chair at [email protected] or 853-8116.
[B]
PAGE 7
September 2009 | www.eriebar.org
Our fall training lineup will begin with a four-part
Family Law Training Series. The series includes:
in the public service
HOW TO HANDLE A MATRIMONIAL
ACTION: A NUTS AND BOLTS TRAINING
(Part 1)
By Robert M. Elardo, Managing Attorney
Volunteer Lawyers Project Inc.
Two big events occurred for me during the past few
months. One was happy and one was sad. In each case,
I was overwhelmed by the number of lawyers and
judges who reached out to me to offer (first) congratulations and (later) condolences.
First, on June 10th, I was very fortunate to receive an
Award of Merit at the Bar Association’s annual dinner.
For those of us in legal services for the poor, it is a big
deal to be recognized by the organized bar for our dayto-day toiling to help the less fortunate.
I was honored and deeply pleased that my wife (Liza
Tommaney), my mother (Marie Elardo), my aunt and
uncle (Lee & Lee Coppola), and some members of the
VLP staff (Sophie Feal and Greg Stewart) were there
with me as I was recognized. The only hint of sadness
came from the fact that my dad (Frank Elardo) was
not able to be there with us. He was in a nursing home
suffering from a rare neurological disease called
Progressive Supra Nuclear Palsy, or PSNP. The symptoms are much like Parkinson’s Disease, but it progresses quickly and is not currently treatable.
In the days and weeks after receiving the award, I
was overwhelmed by how many congratulatory notes,
phone calls and handshakes I received. Many came
from people who know me well. That felt good. Many
others came from people that do not know me very
well. That felt good, too – but in a different way. It
really helped me to further appreciate that the lawyers
and judges in Erie County take the bar’s awards seriously. I already knew this, but there is nothing like living something to really bring the message home. To all
of those who took the time to congratulate me: thanks,
it was much appreciated and really helped me to continue to enjoy the moment.
Six weeks after the bar dinner, I was awakened by
a call that I had been expecting/dreading/hoping to
avoid for some time. My dad had passed away. I was
amazed by how many colleagues attended the wake,
even though it was only held on the same night that the
notice was in the newspaper. I was again overwhelmed
at how many cards and words of condolence I received
from lawyers and judges that know me well, and not so
well. Even today, a couple of weeks after my dad’s
passing, several people stopped me on the street to
offer words of condolence. Each time it is much appreciated. Each time it reminds me of the sadness that I
have over his absence. Each time it reminds me of
what a truly great bench and bar we have in Erie
County. Lawyers and judges are constantly giving of
themselves – not only to assist the pro bono effort
which my award in many ways symbolized, but also on
a more personal level to offer a kind word or bit of
assistance to colleagues in need. We regularly see this
giving through help offered to an inexperienced lawyer,
through donations to the Bar Foundation, and kind
words to those who have experienced a loss. To all of
those who took the time to offer condolences to me:
thanks, it was much appreciated and has helped me
through a difficult time.
Now, back to work.
VLP to Hold Five Free Training Programs
As the summer ends and things start gearing up
again, it will be a great time brush up skills or learn
new ones. VLP and the Eighth Judicial District Pro
Bono Committee can help. We will be co-sponsoring
five free training sessions during September. All trainings will be held in the 10th floor conference room that
VLP shares with Legal Services for the Elderly and the
Western New York Law Center at 237 Main Street (at
the corner of Seneca Street). New York CLE credits
will be provided for each session. The programs are
free but those attending must agree to handle a pro
bono case in that subject area.
September 15, 2009 12:00 noon to 2:00 p.m.
Presenters: Paul Vance of Stiller & Vance and Catherine
Nagel of Nuchereno & Nagel.
HOW TO HANDLE A MATRIMONIAL
ACTION: A NUTS AND BOLTS TRAINING
(Part 2)
September 17, 2009 12:00 noon to 2:00 p.m.
Presenters: Hon. John O’Donnell, JSC and Expedited
Matrimonial Judge; Jeff Spencer, court attorney referee
assigned to the Expedited Matrimonial Part; and
David Bernsohn, court attorney handling uncontested
divorces submitted on papers. (Please note that
whether you attend one or both parts of the matrimonial sessions, only one pro bono case is required).
REPRESENTING NON-PARENT CUSTODY
PETITIONERS IN FAMILY COURT
September 22, 2009 12:00 noon to 2:00 p.m.
Presenters: Tracey Kassman, Family Court attorney
referee; and Brian Welsh of Siegel, Kelleher & Kahn.
HANDLING CHILD SUPPORT MATTERS
IN FAMILY COURT
September 29, 2009 12:00 noon to 2:00 p.m.
Presenters: John Aman, Support Magistrate and James
DeMarco, III of Bengart & DeMarco.
To register for any or all of the Family Law Training
Series, please contact Christine Biggie at 847-0662,
ext. 317, or [email protected].
Also in September, VLP will be presenting HANDLING A REMOVAL CASE IN IMMIGRATION
COURT on Friday, September 25 from 9:00 a.m. to
12:00 noon. Attendees will learn about asylum and
cancellation of removal for permanent residents. The
presenters include: Eric Schultz of Hiscock & Barclay,
LLP; Adam Greenway of the Department of Homeland
Security Chief Counsel’s Office; Frank Callocchia of
continued on page 8
PAGE 8
In the Public Service
continued from page 7
Damon Morey, LLP; and Sophie Feal, VLP’s supervising immigration attorney. To register, please contact
Sophie Feal at 847-0662, ext. 314 or
[email protected].
National Pro Bono Celebration Week
The American Bar Association has designated
October 25 – 31, 2009 as the first National Pro Bono
Celebration Week. The celebration is a coordinated
national effort to showcase the great difference that pro
bono lawyers make to the nation, its system of justice,
its communities and, most importantly, to the clients
they serve. Although it is a nationwide effort, this celebration is intended to have a local focus and impact.
Goals for the celebration include:
• Recognizing the pro bono efforts of
America’s lawyers
• Recruiting more pro bono volunteers
• Mobilizing community support for pro bono
For more information about National Pro Bono
Celebration Week, go to http://www.probono.net/celebrateprobono/
Locally, we are planning at least three events for that
week. On Tuesday, October 27, VLP and the Eighth
Judicial District Pro Bono Committee (Co-Chaired by
Administrative Judge Sharon S. Townsend and Hugh
Russ of Hodgson Russ) will co-sponsor a free training
program on HANDLING UNEMPLOYMENT
INSURANCE HEARINGS in the 10th floor conference room at 237 Main Street at the corner of Seneca
Street.
Pro bono and legal services programs throughout the
state have experienced a surge in clients seeking legal
representation on unemployment insurance benefits
(UIB) issues as a result of the current economic climate.
The purpose of this nuts-and-bolts training is to prepare attorneys to represent claimants who have been
denied benefits in an appeal to the Unemployment
Insurance Appeal Board.
Again, the training will be free, but those attending
must agree to handle a pro bono UIB hearing. New
York CLE credits will be provided. The presenters are
Hon.
Marcella
Seaburg-Brackett,
Senior
Administrative Law Judge and attorney Tracie Covey.
There will also be two events co-sponsored by VLP
and Legal Services for the Elderly (LSED) on
Thursday, October 29. We hope that you can join us
for the Champions for Justice Bash at the Rich’s
Renaissance Atrium from 6:00 to 9:30 p.m. There will
be dinner food stations (two carving stations, a pasta
www.eriebar.org | September 2009
station, an Asian food station and a chocolate fountain
dessert/coffee station), three and a half hours of premium open bar, live music by the internationally
acclaimed John & Mary and the Valkyries, silent auction items, and no boring speeches! You won’t want to
miss out on all of the fun. So please plan on being
there.
Tickets are only $85 per person and $150 per couple. Come and help us celebrate the great work of the
LSED and VLP volunteers and staff. See our ad on
page 24 and contact Christine Biggie at 847-0662, ext.
317 or [email protected] for more information
about tickets, tables, program ad opportunities and
sponsorship opportunities.
Also on October 29, VLP and LSED will host a
reception prior to the Champions for Justice Bash. VLP
pro bono awards will be given out to some of our most
outstanding volunteers.
Please plan on joining us for several or all of these
events this fall. For more information about VLP, please
feel free to contact me at 847-0662, ext. 312 or
[email protected].
Hodgson Russ, Phillips Lytle Lead the Way
International Law
Committee: Whereto
from Here?
By Marc D. Hess
It has been just over six months
since the International Law
Committee was formed. In those six
months, the Committee has made
some significant advances towards
meeting its mandate to educate the
local bar on matters of international
law. For example, to date we have:
• Opened discussions with the Ontario Bar
Association and the Krakow Bar about establishing twinning agreements;
• Strengthened our ties with the Kent Law Society
(which has recently opened up a class of international membership for BAEC members);
• Hosted a young French lawyer/intern from Lille
for a six-month stay in Buffalo;
Our 2009 Law Firm Fundraising Campaign is well
under way and we have already received 87 donations
totaling $54,006 from law firms, lawyers and judges.
Phillips Lytle LLP and Hodgson Russ LLP both
became 2009 VLP Benefactors with $7,500 donations.
Damon Morey LLP leads our class of 2009 VLP
Partner Law Firms with their $5,000 donation. We
want to also give special thanks to three other firms
that have already become 2009 VLP Partner Law
Firms with $2,500 donations: Nixon Peabody LLP;
Harris Beach PLLC; and Lipsitz Green Scime
Cambria LLP.
• Hosted speakers from the World Trade Center
Buffalo/Niagara, the United States Department
of Commerce’s Export Assistance Center, and
the University of Buffalo;
The complete list of our donors is on page 14. The
bad news is that we are still well behind last year’s total
donations of $77,696. However, the good news is that
there is still plenty of time to add the name of your law
firm or yourself to this impressive list. Your doing so
will help VLP to continue to provide quality civil legal
services to low-income people and to coordinate the
generous pro bono efforts of hundreds of local attorneys
who volunteer to represent VLP’s clients.
Our members come from a wide range of backgrounds and our roster includes sole practitioners,
public interest lawyers, and lawyers from larger
firms. So far, so good.
Local support is crucial to the continued success of
VLP. State funding for civil legal services remains uncertain. The New York Interest on Lawyer Accounts (IOLA)
Fund has said that their income (which is used to fund civil
legal services programs including VLP) may be down by as
much as 70 percent for 2010 grants. Your support can help
make the difference. To make a donation to support VLP,
please make your check payable to Volunteer Lawyers
continued on page 14
• Opened discussions with UB’s International Law
Student Association in hopes of creating more
interest among aspiring international lawyers;
and
• Held a CLE program on export controls in conjunction with the Erie Institute of Law (presented by Jon Yormick of Yormick and Associates).
In the next six months, our challenge is to push
ahead with initiatives we have started and to identify
the way ahead for 2010. It is my hope that in 2010
we will:
• Establish a class of international membership
for members of foreign bars with which we have
twinning agreements;
• Complete negotiations on a twinning agreement
with Ontario and Krakow and explore an agreement with Sienna and Ireland;
• Continue to host speakers; and
• Strengthen our ties with the University at
Buffalo.
I am also very pleased to announce that we have
opened discussions with the NYSBA International
Law Section and are hoping to hold an event in conjunction with its Buffalo Chapter.
We always welcome new members and new ideas. If
you would like to join the committee, please contact me
at 649-1749 or e-mail me at [email protected].
I also welcome e-mails or calls from anyone who wishes
to discuss international law for its own sake!
[B]
October 2009 Bulletin DEADLINE
The next deadline for ALL Bulletin
contributors and advertisers is
Friday, September 4, 2009.
PAGE 9
September 2009 | www.eriebar.org
lost in (techno) space
By Martha Buyer
Jamming Wireless Devices: Don’t Try This
at Home (or School!)
If you’ve ever been at a play, concert, or funeral
when a wireless phone rings (hopefully it’s not yours),
you know that the owner’s mad scramble to turn it off
after the fact is the equivalent of “subsequent remedial
measures.” In less legalistic terms, that bell can’t be
un-rung. Once people in common areas have been
interrupted, distracted and likely annoyed (a good
indicator of this is when everyone turns around to glare
at the offender and you hear mumbles of “too bad tar
and feathering is no longer legal”), it’s just too late.
With errant ringing, beeping and rapping, and in
anticipation of the start of the school year, one seemingly proactive principal at a private school in the New
York metropolitan area called me to inquire about the
legality of implementing a jamming device in his
school. He was tired of the interruptions, distractions
and worse (read: academic dishonesty) caused by (and
opportunities created by) ubiquitous wireless devices.
He was looking to find a way to block at least their
communications functions during the school day and
on school property. That’s telephone, texting and emailing. And beeping, humming and vibrating.
Obviously, insisting that students and teachers turn
the sound off hasn’t done the job. Additionally, while
the principal initially expressed concern about students’ access to their wireless devices, he was also disturbed about teacher distraction and access as well.
He was quick to point out that in order to allay concerns about access to emergency services, each classroom had a wired telephone such that in the event of
an emergency, students, faculty and staff
could have ready access to E-911 and other
outsiders.
“Jamming,” in this context (as opposed to
the musical one) is defined as the intentional
creation of interference to disrupt a communications signal. (As an interesting side note,
film actress Hedy Lamarr, along with avant
garde musician George Antheil, held the first
patent granted in the United States for the
most widely used type of anti-jamming
processes currently in use - frequency hopping spread spectrum technology.). Perhaps
recognizing the potential catastrophes interfering signals could cause, Section 333 of the
Communications Act of 1934, as amended, clearly prohibits “willful or malicious interference with any radio
communications of any station licensed or authorized
by or under the Act or operated by the United States
Government.” Additionally, Section 302 of the
Communications Act, along with Section 2.803(a) of
the FCC’s rules clearly prohibits the “manufacture,
importation, marketing, sale or operation of devices
deliberately designed to jam
or disrupt wireless communications.” (47 U.S.C. Section
“ With errant ringing,
302a(b)) and 47 C.F.R.
Section 2.803(a). As Emeril
beeping and rapping,
Lagasse has been known to
and in anticipation of
say, “BAM!”
the start of the school
year, one seemingly
proactive principal at
a private school in the
New York metropolitan
area called me to
inquire about the
legality of implementing a jamming device
in his school.”
The principal who called
me is not alone. Within the
past few months, public and
private schools throughout
the country have all considered installing jamming
equipment in an effort to
quell wireless chatter (both
audible and non) during
school hours. Within the past
few months, school districts
in three states (PA, WA and
continued on page 15
PAGE 10
www.eriebar.org | September 2009
New Committee to Serve Veterans and Service Members
By Michael C. Lancer
On behalf of the Committee on
Veterans’ and Service Members’
Legal
Issues,
(“The
Vets’
Committee”), I would like to thank
our board of directors for providing
us with permanent status as a standing committee of the BAEC. The
Vets’ Committee was started as an ad hoc committee in
2008 through the foresight and tremendous effort of
our outgoing chair, Jennifer P. Stergion. The committee
cannot thank Ms. Stergion enough for her dedication to
this worthwhile cause.
The Vets’ Committee meeting on July 16, 2009 was
a glimpse into the many exciting things to come for us
and the Bar Association. Our permanent standing was
officially announced, as were our new officers. The
date for our first committee-sponsored CLE was confirmed, we increased our membership with the addition of one very important veteran and we had a visit
from the newly-installed vice president of the BAEC,
Scott M. Schwartz, who showed his support for our
efforts.
During our July meeting, we welcomed Judge
Eugene F. Pigott, Jr. of the Court of Appeals as a member of our committee. Judge Pigott is a combat veteran
who served in Vietnam and the father of a combat veteran of multiple tours in Iraq. At the meeting, Judge
Pigott informed us that, although his schedule is
extremely active, he will be serving as an active member of the committee. Obviously, Judge Pigott’s support
and membership enhance the status of this fledgling
committee.
I am proud that BAEC President Robert N.
Convissar appointed me as the new chair. I served 10
years as an officer in the U.S. Army (five on active duty,
five on reserve duty), attaining the rank of Major. I also
volunteer as a veteran-mentor and team leader in
Judge Russell’s Veterans’ Treatment Court in Buffalo. I
am currently the managing attorney of the Buffalo
office of Cascone & Kluepfel, LLP, a Garden City, New
York based firm.
Joseph D. Morath, Jr. will serve as vice chair. Joe is a
trial attorney at Connors & Vilardo, LLP. He has served
his country as a member of the U.S. Marine Corps,
U.S. Army, and Army National Guard. Joe has
deployed to Bosnia as part of Operation Joint Forge. He
also serves as a veteran-mentor in Judge Russell’s Vets’
Court. At UB Law, Joe formed the Armed Forces Law
Students Association.
To my profound sense of relief, Jennifer Stergion,
who has ably guided us to this point, has agreed to
serve as secretary to the committee. Jennifer is a sole
practitioner who has set up her new law center at 500
Amherst Street, in the heart of Buffalo’s Black Rock
neighborhood. Although she maintains a varied practice, Jennifer devotes much of her professional effort
toward serving veterans and service members in our
community. Jennifer remains a veteran’s advocate, and
serves on the board of the Veterans Housing Coalition.
The Veterans’ Committee recently co-sponsored a
continuing legal education (CLE) seminar on August
20, 2009, entitled “Nuts and Bolts of Veterans’
Benefits.” This seminar was made possible through the
efforts of the Mental Health Association of Erie County
and the Erie Institute of Law. This short course trained
practitioners to assist veterans in presenting claims and
making appeals to the Veterans Administration (VA).
Attorneys also received the necessary tools to apply for
accreditation and to become admitted to practice
before the U.S. Court of Appeals for Veterans’ Claims.
Tuition was waived for any attorney who agreed to
accept a veteran’s case on a pro bono basis.
Key Collaborations
Our collaborative work continues with Dr. Patrick
Welch, director of the Erie County Veterans Service
Agency, and his fine staff of certified veteran counselors. Our interests in this area are closely allied: to
ensure that all veterans and service members have
access to the best possible legal services available in our
community. The Veterans Service Agency frequently
acts as a “first responder” for veterans in time of need.
Working closely with this committee, Dr. Welch and
staff will be able to perform legal triage designed to
assess the veteran’s needs. This is often followed by a
referral to the legal agency or practitioner best suited to
meet the vet’s particular situation. We continue to be
greatly indebted to Dr. Welch, his deputy, Sergio
Rodriguez, and the rest of the staff for their service to
western New York’s military community.
Finally, we look forward to a new association with the
University at Buffalo Law School. Dean Makau W. Mutua
and vice dean Melinda R. Saran have opened their doors
to the Veterans’ Committee. We anticipate that a series of
events co-sponsored by UB Law and the Veterans’
Committee will take place in the future. At present, we are
in the process of planning a presentation at the law school
featuring Hon. Eugene F. Pigott, Hon. Robert T. Russell,
Jr., and Jack O’Connor (coordinator of the veteran-mentor
program), among others.
In focusing some of our attention on UB Law and its
students, we are looking into the future. The newlyexpanded G.I. Bill will hopefully entice veterans to
attend professional schools (such as UB Law) by providing them with the necessary financial means. The
Law School already has numerous veterans in its student body. We hope that these individuals and those
who follow will be inspired to provide quality legal
services for veterans and service members in the years
to come.
This is an exciting time for our committee. We serve
with great energy and enthusiasm because we know
that our mission is important. We welcome any and all
members of the Bar Association of Erie County who
want to assist veterans and service members. You need
not be a veteran, nor do you need to have served in the
military to become a member of the committee. What
is required is a sense of gratitude for the brave women
and men who have served our nation, and a willingness
to serve them. Please consider joining us.
[B]
Eighth District
Opens Chautauqua
Resource Center
The Eighth Judicial District Court Resource
Center has now been expanded to Chautauqua
County. The Chautauqua County Court
Resource Center is located in the Supreme and
County Chief Clerks’ Office in the Gerace Office
Building, Second Floor, Three North Erie Street,
Mayville, New York. The Center is unique in that
it employs remote video conferencing technology
to link up with court staff based in Buffalo.
Court Resource Centers provide unrepresented litigants, members of the public and
attorneys with information to assist them with
navigating their way through the complexities of
the court system. The Court Resource Center
has a staff which includes a court attorney and
a court clerk who can provide sample forms and
referral information for legal services that are
available throughout western New York. Public
access computer terminals are also available.
“There are many unrepresented litigants who
wander from office to office in our courthouses
seeking assistance,” according to Hon. Sharon S.
Townsend, Administrative Judge for the Eighth
Judicial District. These centers “provide a onestop venue for them, as well as for attorneys
requiring information and guidance. I am
pleased that the residents of Chautauqua
County will now have the opportunity to learn
more about navigating through the intricacies of
the court system.”
[B]
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.
Francis Pritchard
Robert Schaus
PAGE 11
September 2009 | www.eriebar.org
No Choice for Children
By Catharine M. Venzon
The Memorandum and Order by
the Third Department In the Matter
of Mark T. v. Joyanna U. et al.,
decided and entered July 30, 2009,
highlights the flaws in the New York
State law guardian process governing matters of custody, visitation,
and guardianship proceedings. In this case, the attorney for the child failed miserably in fulfilling his essential obligation. His actions show the need for better
education and mandatory guidelines to be implemented so children will be afforded quality representation.
The current system of certification does not ensure a
minimum level of competency or expertise to handle
issues arising from the representation of children. This
article will discuss proposed changes to the current
New York State standards for
representing children in custody and visitation proceed“ As a practicing
ings.
The rules of the Chief Judge
direct that in all proceedings
other than juvenile delinquency and Person In Need of
Supervision cases, the attorney
for the child “must zealously
advocate the child’s position”
(N.Y. Comp. Codes R. & Regs.
tit. 22, §7.2 (2009) [emphasis
added]), and that, in order to
determine the client’s position,
the attorney “must consult
with and advise the child to the
extent of and in a manner consistent with the child’s capacities.” N.Y. Comp. Codes R. &
Regs. tit. 22, §7.2[d][1]
(2009).
nature of our legal processes. Generally, the court hears
the attorney for the child first, despite the fact that he
or she is not representing either of the parties. The
attorney for the child will then present his or her argument, which invariably includes his opinion. This opinion is not subject to cross-examination.
The attorney for the child, especially where one
party is unrepresented, often assumes the role of mediator between the parties, exposing his opinion to
manipulation. The reverence observed toward the
opinion of the attorney for the child neglects this partiality and exposes the court to prejudice.
A system of checks on the competency of representation of the attorney for the child must be set in place.
In light of the considerable room for error on the part
of the attorney for the child in conjunction with the
quasi-judicial protection accorded to them
(Bluntt v. O’Connor, 737 N.Y.S.2d 471
(App. Div. 2002)), remedies must be made
available to the child.
matrimonial and
family law attorney,
I have come into
contact with attorneys for the child
who do not meet and
speak to their clients.
These attorneys for
the child will then
advocate a position
that suits their
personal preference.
Obviously, this is
a gross miscarriage
of justice.”
The attorney must provide
client-directed representation
in the form of an advocate
where a client’s judgment is
knowing, voluntary and considered. N.Y. Comp. Codes R.
& Regs. tit. 22, §7.2[d][3] (2009). Furthermore, the
rule states that “the attorney for the child should be
directed by the wishes of the child, even if the attorney
for the child believes that what the child wants is not in
the child’s best interests” (N.Y. Comp. Codes R. &
Regs. tit. 22, §7.2[d][2] (2009) [emphasis added]) and
that the attorney “should explain fully the options
available to the child, and may recommend to the child
a course of action that in the attorney’s view would
best promote the child’s interests.” Id.
The attorney for the child is only justified in advocating a position that is contrary to the child’s wishes
when he “is convinced either that the child lacks the
capacity for knowing, voluntary and considered judgment, or that following the child’s wishes is likely to
result in a substantial risk of imminent serious harm to
the child.” N.Y. Comp. Codes R. & Regs. tit. 22,
§7.2[d][3] (2009). However, in such situations the
attorney must still “inform the court of the child’s
articulated wishes if the child wants the attorney to do
so.” Id.
The attorney for the child receives inadequate guidance as to how to determine the capacity in which he
should act for his client. The unique situation of the
attorney for the child requires that he either advocate
for the expressed interest of his client, or, if the child is
determined by the attorney to be incapable of considered thought, the attorney must advocate for what they
consider to be the best interest of the child. These
duties are obviously quite different but are not differentiated under the law. It falls to the attorney for the
child to distinguish his or her role as either a guardian
ad litem, advocate or officer of the court.
How Can We Improve?
The attorney for the child often has an elevated status in the courtroom. They may receive preferential
treatment by the court, undermining the adversarial
The Question of Choice
Mark T. v. Joyanna U., No. 06053
(N.Y.2d July 30, 2009) highlights the fact
that, unlike adults, children have no choice
in their legal representation. This case also
exposes the harm created by the attorney’s
failure to assume the proper role in representing his or her client. The lack of input
by the child was clear. In the case at bar, the
appellant-attorney took a position contrary
to the expressed position by his 11½ yearold client, despite having never met nor
spoken with him.
Children have an impossible task in
expressing dissatisfaction to the court in
their lawyers’ services. Children are usually
unable to determine if their lawyer has provided adequate representation because they
are usually not present at the actual court
proceedings. However, what a child does
know is whether he or she has a working
relationship - translating to whether the child likes the
lawyer-and if he or she is comfortable speaking to the
lawyer. A child’s reason for disliking the lawyer must be
deemed irrelevant because a child should be comfortable with the representation. A child currently has no
means of terminating the attorney-client relationship,
and little opportunity to express their dissatisfaction to
the court.
As a practicing matrimonial and family law attorney,
I have come into contact with attorneys for the child
who do not meet and speak to their clients. These
attorneys for the child will then advocate a position
that suits their personal preference. Obviously, this is a
gross miscarriage of justice.
continued on page 18
PAGE 12
www.eriebar.org | September 2009
western district case notes
By Paul K. Stecker and Kevin M. Hogan
CIVIL RIGHTS
In Tarantino v. City of Hornell (05-CV-6587L,
5/18/09), the court addressed several issues that may
arise in §1983 actions involving enforcement of municipal ordinances. The plaintiff, an owner of rental properties in the defendant city, asserted claims, inter alia,
for malicious prosecution and selective enforcement
under a city ordinance imposing certain requirements
on the owners of such properties. In granting the
defendants’ motion for summary judgment, the court,
among other rulings: (i) held that plaintiff did not have
a valid claim for selective enforcement or a “class of
one” equal protection claim because he did not allege
that he was discriminated against based on his membership in a protected group, because the other landlords he identified were not similarly situated, and
because he did not show that any difference in treatment was motivated by constitutionally-impermissible
purposes; and (ii) dismissed plaintiff ’s First
Amendment claim alleging that charges were brought
against him in retaliation for speaking out against the
ordinance because the city had probable cause to proceed against him and he did not show that the city’s
actions actually chilled his exercise of First Amendment
rights.
CONTRACTS
In Global Crossing Bandwidth, Inc. v. Locus
Telecommunication, Inc. (06-CV-6078L, 7/10/09), the
court addressed various claims arising out of the
alleged breach of a contract for telecommunications
services. Among other holdings, the court held that
(i) certain of the defendant’s counterclaims were not
barred by the plaintiff ’s bankruptcy proceeding
because they were based on a theory of recoupment or
setoff (but some of the counterclaims were so barred
because, although they related to the same contractual
relationship as plaintiff’s claims, the basis for plaintiff’s
asserted liability was separate and independent from
the parties’ obligations under the contract); and
(ii) plaintiff was not entitled to summary judgment on
its claim that the defendant’s failure to follow the dispute procedures required under the contract barred it
from contesting the validity of plaintiff ’s invoices
because there was evidence that plaintiff had previously failed to insist upon compliance with those procedures.
PATENT LAW
In KG Motors, Inc. v. Specialized Bicycle
Components, Inc. (08-CV-6422T(P), 7/22/09), the
court granted defendant’s motion to stay the plaintiff’s
lawsuit for patent infringement. After asserting a counterclaim alleging that the subject patent was invalid,
the defendant requested the U.S. Patent and
Trademark Office (“PTO”) to re-examine the patent,
in response to which PTO preliminarily rejected all of
the plaintiff’s claims. The court stayed the lawsuit
continued on page 18
PLEASE RECYCLE
YOUR BULLETINS
PAGE 13
September 2009 | www.eriebar.org
Time for a Change of Venue:
Get into a Cruising State of Mind!
Upgraded Web Site
Unveiled!
The Bar Association’s Web site,
www.eriebar.org, recently underwent a
redesign that will allow us to bring you news
and information on a more timely basis.
Among the upgraded features of the new site
are:
• Online options to join and renew membership
• Online registration for CLE programs
• Online consumer access to the Lawyer
Referral & Information Service
• Online purchasing
Directories
of
Attorney
• Online donations to the Bar Foundation
If you listen closely, you can hear the palm trees gently swaying back and forth in the tropical breeze.
Breathe deeply and inhale the heady fragrance of gardenia blossoms and coconut oil. The velvet voice of
Smokey Robinson is crooning out the words to
“Cruisin’” in the background: “Baby, let’s cruise AWAY
from here…Don’t be confused, the way is clear…”
Summer didn’t exactly happen in western New York
this year. But it’s never too late to have a happy childhood OR to create the summertime memories you
missed out on this time around.
With winter right around the corner – can’t you
already feel that frigid wind whipping you down Court
Street? – isn’t it nice to know that your balcony stateroom aboard the Royal Carribean is waiting? Rooms
have now been reserved for BAEC members who want
to escape Buffalo’s elements in February 2010 and
head for warmer climates.
This year, there are two cruise options available.
Members can choose to spend seven days in the southern Caribbean, leaving from San Juan, or 11 days in
the Caribbean and Panama Canal, leaving from
Miami. Since February is the most popular month for
Caribbean cruises, the block of rooms can only be held
for a limited time. The deadline for reservations is
September 15. After that date, we will make
every effort to accommodate those interested on a
space-available basis.
Royal Caribbean Jewel of the Seas ~ This 11day cruise is scheduled to depart from Miami on
February 1, 2010. Ports include: Cartagena,
Columbia, Panama Canal, Cristobal, Panama, Puerto
Limon, Costa Rica and Grand Cayman. The cost of
$1,895 per person includes round-trip airfare from
Buffalo, the 11-night cruise, a balcony stateroom, airport transfers, port fees and more.
Royal Caribbean Adventure of the Seas ~ This
seven-day cruise is scheduled to depart from San Juan,
Puerto Rico on February 27, 2010. Ports
include: Barbados, St. Lucia, Antigua, St. Maarten and
St. Croix. The cost of $1,678 per person includes
round-trip airfare from Buffalo, the seven-night cruise,
a balcony stateroom, airport transfers, port fees and
more.
Plan now to insure a special getaway when you
need it most! For more information or to book your
passage, contact Ann Blask at Visions Travel, 6671459.
“Winter warmth” doesn’t have to be an oxymoron! A
Caribbean cruise is the perfect antidote to a frigid
February in WNY. Sing it, Smokey:
“Let the music take your mind
Just release and you will find
You’re gonna fly away
Glad you’re goin’ my way
I love it when we’re cruisin’ together
The music is played for love
Cruisin’ is made for love
I love it when we’re cruisin’ together…”
• Updated events calendar, including
committee information
• Cleaner, more accessible design
Coming Attractions: Watch for new
member benefits to be added, including a
photo gallery, Law Firm Merchant Account
(credit card processing for attorneys) and a
career center.
As always, your questions and comments
are invited. Contact Marie Boccio at 8528687 or [email protected].
PAGE 14
www.eriebar.org | September 2009
In the Public Service
continued from page 8
Project and send to VLP at 237 Main St., Suite 1000,
Buffalo, NY 14203.
2009 VLP LAW FIRM FUND-RAISING
CAMPAIGN
The ECBA Volunteer Lawyers Project (VLP) Law
Firm Fund-Raising Campaign gives law firms, lawyers
and judges the opportunity to make tax deductible
financial donations to VLP. These contributions help
VLP to operate its variety of programs in which hundreds of local attorneys provide pro bono legal services
to low income people who would otherwise go without
the assistance of an attorney. Contact VLP today about
getting your name or the name of your firm added to
this list.
BENEFACTOR
($7500 or more)
Hodgson Russ LLP
Phillips Lytle LLP
PARTNER
($2500 or more)
Damon Morey LLP*
Harris Beach PLLC
Lipsitz Green Scime Cambria LLP
Nixon Peabody LLP
DIAMOND
($1000 or more or $100 or more per attorney)
Paul William Beltz, PC
Connors & Vilardo*
Gross, Shuman, Brizdle & Gilfillan, PC*
Law Offices of Peter D. Grubea*
Harter Secrest & Emery LLP*
Roach, Brown, McCarthy & Gruber, PC
Walsh, Roberts & Grace*
Zdarsky, Sawicki & Agostinelli
GOLDEN
($100 or more per attorney)
Hon. Catherine Agnello
Hon. John J. Aman
Hon. Carl L. Bucki
Hon. Colin Campbell
Hon. Leo J. Fallon
Hon. Paula L. Feroleto
Hon. J. Mark Gruber
Hon. Thomas S. Kolbert
Hon. Marjorie Mix
Hon. Janice M. Rosa
Hon. Frank A. Sedita, Jr.
Steven M. Ald*
Ballow Law Firm
Dennis J. Bischof
Burgio, Kita & Curvin
Alan S. Carrel
Michael G. Cooper
Melinda & Thomas Disare
Rev. Allen W. Farabee
Howard F. Gondree
Robert B. Hallborg
Matthew B. Herdzik, Jr.*
Michael J. Hughes*
David Gerald Jay
Kevin M. Kearney*
Kolken & Kolken
Stephen R. Lamantia
John J. Lavin, P.C.
The Long Firm, LLP
Timothy G. McEvoy
Philip H. McIntyre*
Timothy M. O’Mara*
Philip A. Perna*
Personius Melber LLP
Arc J. Petricca
Jean C. Powers*
James E. Privitera*
Reden & O’Donnell, LLP
David J. Saleh*
Melinda R. Saran*
Simpson & Simpson, PLLC
Robert B. Sommerstein
Robert S. Stephenson*
David L. Sweet
Elizabeth M. Tommaney*
Wilder & Linneball, LLP
Douglas L. Winokur*
Wayne D. Wisbaum*
H.A. Terri Zionts*
SUPPORTERS
($25 or more per attorney)
Blinkoff & Associates
Chelus, Herdzik, Speyer & Monte, PC
Cohen & Lombardo, P.C. *
Law Offices of Douglas S. Coppola*
Richard H. Gordon*
Jasen & Jasen, P.C.*
Magavern, Magavern & Grimm LLP*
Montesano & Winokur P.C.
Nesper, Ferber & DiGiacomo, LLP
Edward A. Pace
Law Offices of Nancy W. Saia*
CONTRIBUTORS
(Up to $25 per attorney)
Hogan Willig, PLLC
Watson, Bennett, Colligan, Johnson
& Schechter, LLP
* indicates that the donor contributed more than the
minimum amount for the category.
SILVER
($50 or more per attorney)
Abbott, Tills & Knapp, LLC
Brown & Tarantino*
Chiacchia & Fleming, LLP *
Cooke & Steffan
Leibert F. Coppola
Fiorella & Zakia
William Ilecki
Lippes Mathias Wexler Friedman LLP*
Mattar, D’Agostino & Gottlieb LLP
Norton, Radin, Hoover & Freedman
Richard H. Wyssling
“Lawyers for the Lord”
to Hold First Meeting
Is your law practice a mission from God?
Do you want it to be?
Is there a place and a purpose for the
gospel of Jesus Christ and the Bible in the
modern practice of law? Is there a place
and a purpose for the modern practice of
law in the gospel of Jesus Christ and the
Bible?
If you would like to discuss or pray about
these and other related questions, please
feel free to attend the first of what is hoped
to be a monthly hour-long gathering of
“Lawyers For The Lord” on Wednesday,
September 16, from 8:00 to 9:00 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 and Tim Horton’s
coffee will be served.
Other expected topics of discussion will
be prospective plans to start or revive a
western New York chapter of the Christian
Legal Society (CLS) and prospective attendance at the CLS Annual Conference and
CLE Seminar in San Diego in October.
For further information, please contact
Shawn Carey at 362-1173 or [email protected]. Advance notice that you
plan to attend would be greatly appreciated but is not necessary.
[B]
Sept 2009 Committee.final:Sept 2005 Committee Insert
11/17/09
11:49 AM
Page 1
Page I-1
Bar Association of Erie County
COMMITTEES
2009–2010
Admission to the Bar
Committee
Chair: Stephen R. Lamantia
Donald A. Alessi, Hon. Rosalie S. Bailey,
Diane F. Bosse, Ferdinand J. Ciccarelli,
Tasha T. Dandridge, Mariely Downey,
Robert M. Elardo, Bernard B. Freedman,
Andrew B. Isenberg, Heather A. Johnson,
Kenneth A. Krajewski, Michael C. Lancer, Diane M. LaVallee,
Thomas R. Lochner, Ryan Mills, David R. Pfalzgraf, Jr., Hon.
Eugene F. Pigott, Jr., Joseph M. Ralabate, Thomas M. Rizzo,
Melinda R. Saran, Stephen L. Yonaty
Board Liaison: Brian C. Mahoney
Alternative Dispute
Resolution Committee
Chair: Patricia H. Potts
Deborah M. Barone, Mary C. Baumgarten,
Howard E. Berger, Alan L. Bernstein, Diane
F. Bosse, Michael D. Braisted, Scott A.
Bylewski, Dennis J. Campagna, Catherine
A. Carey, Linda W. Chodos, Jane F.
Clemens, Jeremy A. Colby, Douglas S. Coppola, Gina Marie
DePrima, Carleen A. Dunne, Leo J. Fallon, Robert J. Feldman,
Raymond L. Fink, Robert Donald Finn, Michael J. Flaherty, Lynn
D. Gates, William A. Gersten, E. Joseph Giroux, Jr., Eric L. Glazer,
Krista Gottlieb, Daniel M. Griebel, Richard F. Griffin, Ann
Giardina Hess, Susan S. Hogan, W. Craig James, Aaron E.
Kaplan, Jeffrey Kingsley, David W. Kloss, Lindy Korn, Michael C.
Lancer, Julie Loesch, Susan M. McClaren, Lillian MedinaZelazny, Michael R. Moravec, Timothy J. Mordaunt, Acea M.
Mosey, Jonathan Alan Mugel, Paula M. Eade Newcomb, Lynnette
Nogueras-Trummer, Sharon Nosenchuck, Catherine R. Nugent,
Randolph C. Oppenheimer, Mickey H. Osterreicher, Anthony C.
Parlato, Joel H. Paull, Paul D. Pearson, Joseph L. Randazzo, Lois
S. Rubin, Ross T. Runfola, Lawrence A. Schulz, Edward J.
Schwendler, III, Jeffrey A. Sellers, Eugene M. Setel, Jeffrey A.
Spencer, Daniel J. Sperrazza, Gary M. Sterman, Steven R.
Sugarman, Pierre A. Vincent, Judith L. Voit, Hon. Timothy J.
Walker, Kevin D. Walsh, Theresa M. Walsh, James W. Whitcomb,
David D. White, David W. Wilson, Katie E. Woodruff, Diane Y.
Wray, Mary Quinn Wydysh
Board Liaison: E. Michael Semple
Appellate Practice
Committee
Chair: Marilyn A. Hochfield
Joan Casilio Adams, Scott C. Billman,
Bernardine M. Butler, Ann M. Campbell,
Samuel J. Capizzi, David C. Caywood,
William D. Christ, Jeremy A. Colby, John A.
Collins, Helen Kaney Dempsey, Keith M.
Fehrer, Amy Archer Flaherty, Troy S. Flascher, Richard D.
Furlong, Robert E. Gallagher, Jr., Kimberly D. Gensler, Robert E.
Glanville, Charles J. Greenberg, Jean Graziani Greinert, Barbara
Ellen Handschu, Shannon M. Heneghan, Kevin M. Hogan,
Timothy W. Hoover, Andrew B. Isenberg, Paul F. Jones, Kenneth
R. Kirby, Denis A. Kitchen, Jr., Stephen R. Lamantia, Edward J.
Markarian, Jonathan Alan Mugel, James I. Myers, David J. Pajak,
Hon. Eugene F. Pigott, Jr., J. Matthew Plunkett, Jennifer R.
Scharf, Diana M. Straube, Kevin D. Szczepanski, Annick Kamga
Tchokonte, Thomas P. Theophilos, Christine Dombrowski Uba,
Alan D. Voos, Jo Ann M. Wahl, David S. Widenor, Roger W.
Wilcox, Jr., Gretchen L. Wylegala, Preston L. Zarlock
Board Liaison: Laurie Styka Bloom
Banking Law Committee
Chair: Alexandra E.J. Townson
Divitta M. Alexander, Joseph W. Allen, John
P. Amershadian, Martha M. Anderson,
Sharon Prise Azurin, Kenneth F. Barone,
George F. Bellows, James W. Bennett, Glenn
J. Bobeck, Jill K. Bond, Phillip Brothman,
Francis X. Carroll, Timothy C. Cashmore,
Carrie Christy, Roger F. Cominsky, Douglas
W. Dimitroff, Deborah A. Doxey, Wendy K. Fechter, Karl
Frankovitch, Robert R. Goods, Victoria Lyn Grady, Katherine L.
Hesch, Timothy P. Johnson, Thomas J. Keable, Thomas F. Keefe,
Christian G. Koelbl, III, Jennifer L. Krieger, Tim C. Loftis,
Anthony D. Mancinelli, Rosalie A. Melisz, Laura A. Monte,
Roseanne J. Moran, Ernest J. Norman, Helen Osgood, Michael A.
Piette, Sakina N. Riddell, Erica N. Rocco, Victoria J. Saxon,
Thomas E. Schofield, Stephen J. Schop, Timothy P. Seibold,
Raymond H. Seitz, Samuel L. Shapiro, Kelly Ann Silverman,
Jonathan E. Staehr, Kathleen M. Sweet, Amy J. Vigneron, Mark
W. Warren, David S. Widenor, Frederick A. Wolf, Andrew D.
Yusick, Edward M. Zimmerman
Board Liaison: Vincent J. Moore
By Laws Committee
Chair: Garry M. Graber
George F. Bellows, Mark J. Stuhlmiller
CLE Advisory Committee
Chair: Brian R. Welsh
John J. Aman, Peter J. Battaglia, Mary C.
Baumgarten, Francis X. Carroll, Howard B.
Frank, Robert E. Knoer, Martin J. Littlefield,
Charles A. Messina, Bruce D. Reinoso, Anna
Marie Richmond, Arthur A. Russ, Jr., Hugh
M. Russ, III, Ryan G. Smith
Board Liaison: Scott M. Schwartz
Commercial & Bankruptcy
Law Committee
Chair: Beth Ann Bivona
Joseph W. Allen, Irwin Curtis Baker, Marian
Bass, Arthur G. Baumeister, Jr., Lisa Bertino
Beaser, James W. Bennett, Howard E.
Berger, Scott C. Billman, Richard J. Biryla,
David M. Block, Gary Bluestein, Glenn J.
Bobeck, Alan J. Bozer, Richard A. Braden, Daniel F. Brown,
Lawrence C. Brown, William J. Brown, Joel Brownstein, Hon.
Carl L. Bucki, Harold P. Bulan, Scott A. Bylewski, Earl K.
Cantwell, II, Christopher A. Cardillo, Jennifer M. Catherine,
William Chen, Paul A. Chiaravalloti, Diane M. Ciurczak,
Catherine Grantier Cooley, William R. Crowe, Hon. John M.
Curran, John D’Amato, David F. Derrico, Lawrence C. DiGiulio,
Jennifer M. Dillon, Brian W. Downey, Ann E. Evanko, Randy C.
Fahs, Bridget Marie Faso, Gabriel J. Ferber, Raymond L. Fink,
Robert A. Fiordaliso, Jeffrey M. Freedman, Thomas J. Gaffney,
Frederick J. Gawronski, Nicole C. Gazzo, John J. Giardino, Robert
M. Goldstein, Robert R. Goods, Garry M. Graber, Charles J.
Greenberg, Alvin M. Greene, Natalie A. Grigg, Peter D. Grubea,
Randy H. Gugino, John P. Gullo, II, Daniel J. Hartman, George
Michael Hauss, Franklin W. Heller, Katherine L. Hesch, Seth L.
Hibbert, Kenneth R. Hiller, Morris L. Horwitz, Jennifer A.
Hurley, John J. Hurley, Adolph C. Iannaccone, William Ilecki,
Timothy P. Johnson, John M. Keavey, Joseph W. Keefe, William
Patrick Keefer, Jeffrey Kingsley, Denis A. Kitchen, Jr., Julia S.
Kreher, Jessica M. Kumm, Matthew C. Landreth, Robert L. Lash,
David C. Laub, Michael J. Lombardo, Steven K. Long, John Paul
Luhr, Patricia Mancabelli, Douglas W. Marky, Michael P.
McClaren, Athena McCrory, Angela Z. Miller, Albert J.
Mogavero, Terrie Benson Murray, Melissa Hancock Nickson,
Deborah E. Nicosia, James A. Partacz, Philip A. Perna, Karen L.
Peterson, Sharon M. Porcellio, Amy E. Przewonzy, Samuel P.
Puleo, Courtney Quinn, Christopher K. Reed, Susan P. Reinecke,
Barbara R. Ridall, John H. Ring, III, Charles C. Ritter, Jr., Laura
Tulyk Rossi, John K. Rottaris, Anne S. Rutland, Salvatore T.
Sanfilippo, Daniel E. Sarzynski, William F. Savino, Bernard
Schenkler, Andrea Schillaci, Mark J. Schlant, John G. Schmidt, Jr.,
Lawrence A. Schulz, Christopher D. Smith, Edward J. Snyder, II,
Jeffrey A. Spencer, Daniel J. Sperrazza, Jonathan E. Staehr,
Thomas A. Steffan, Raymond C. Stilwell, Amber E. Storr, Annick
Kamga Tchokonte, Cynthia Thompson, Diane R. Tiveron, Amy J.
Vigneron, Marisa Villeda, Pierre A. Vincent, Surinder K. Virk,
Hon. Timothy J. Walker, Mark S. Wallach, Mark W. Warren, Paul
R. Warren, Michael A. Weishaar, Harry E. Werner, David S.
Widenor, Wallace W. Wiens, Roy L. Wixson, Tracy Sendor
Woodrow, Stephen L. Yonaty, Ronald W. Zackem, Preston L.
Zarlock, Joseph E. Zdarsky, David Zeigler
Board Liaison: Lawrence C. Franco
Committee for the Disabled
Chair: Jessica V. Murphy
Richard G. Abbott, Arthur H. Ackerhalt,
Lisa J. Allen, Janet L. Bensman, Ann B.
Bermingham, William C. Bernhardi,
William W. Berry, Alan B. Block, Felice A.
Brodsky, Colleen Ennis Buonocore, Thomas
C. Burnham, Louise E. Carey, John J.
Christopher, Joseph F. Crangle, Linda J. De Tine, Lydia V. Evans,
Sarah A. Frederick, Jeffrey M. Freedman, Bruce A. Goldstein,
Josephine A. Greco, Lowell Grosse, James E. Hanlon, John J.
Hannibal, Kenneth R. Hiller, Judith D. Katzenelson, Joseph W.
Keefe, Mary M. Kelley, Ellen Lawson, Lawrence S. Lewis, James
M. Maloy, Giles P. Manias, H. Jeffrey Marcus, Joseph A.
Matteliano, Janet McGlone, Kathleen A. Molloy, Deborah A.
Olszowka, Sharon Anscombe Osgood, E. Peter Pfaff, Jay C.
Pletcher, Paul M. Pochepan, Courtney Quinn, Melinda R. Saran,
Lewis L. Schwartz, Marc Shatkin, James R. Sheldon, Jr., Colleen
A. Sloan, Robert B. Sommerstein, Michele L. Sterlace-Accorsi,
Diana M. Straube, William J. Trask, Sr., Shelly Tsai, Frank R.
Vavonese, Mary E. Virginia, Eileen M. Wheeler, Elizabeth R.
Wright, Marilyn Dixon Zahm
Board Liaison: Jennifer M. Dillon
Committee on Eminent
Domain and Tax Certiorari
Chair: Peter Allen Weinmann
Divitta M. Alexander, Scott C. Becker,
Ronald P. Bennett, Paul J. Cieslik, Darryl J.
Colosi, William R. Crowe, David L.
Edmunds, Jr., Michael J. Flaherty, William
Patrick Keefer, Sabrina M. May, Kathleen E.
McMahon-Stoll, Mark R. McNamara, Thomas M. O’Donnell,
Francis J. Offermann, Jr., Michael F. Perley, J. Matthew Plunkett,
Katherine B. Roach, Howard S. Rosenhoch, Nancy W. Saia,
Audrey Seeley, Maura C. Seibold, Karen Cook Serotte, Ronald S.
* This insert includes all of the Bar Association’s current standing committees. Ad hoc committees are not listed.
Shubert, Daniel A. Spitzer, Gary M. Sterman, David L. Sweet,
Wayne D. Wisbaum, Bruce S. Zeftel
Board Liaison: Patrick J. Brown
Committee on Veterans’ &
Service Members’ Legal
Issues
Chair: Michael C. Lancer
Modesto A. Argenio, Stephen E. Barnes,
Dennis J. Bischof, William J. Brennan,
Douglas S. Cream, Thomas C. D’Agostino,
Dennis J. Dee, Mark J. Dunford, Keith M.
Fehrer, Gordon Gannon, Jr., Ralph L. Halpern, James J. Kirisits,
Richard S. Kwieciak, Matthew C. Landreth, Robert D. Lonski,
Janet McGlone, John V.(Sean) Millane, III, Joseph D. Morath, Jr.,
Glenn Edward Murray, David J. Pajak, Susan P. Reinecke, Karen
Richardson, Joseph F. Saeli, Jr., Stephanie Scarborough, James N.
Schmit, James D. Schultz, Jr., Richard B. Scott, Daniel D. Shonn,
Jr., Jennifer P. Stergion, Gregory J. Stewart, Denis J. Uminski,
Amanda M. Warner, Mark J. Williams, Jr., Kendra E. Winkelstein
Board Liaison: Kathleen M. Sweet
Committee to Assist Lawyers
with Depression
Chair: Daniel T. Lukasik
The committee roster currently lists over
40 members; membership is confidential.
Cooperation with the
Accounting Profession &
Taxation Committee
Chair: Raymond P. Reichert
Co-Chair: Gary M. Kanaley
Jerome D. Adner, Raymond H. Barr, Paul A.
Battaglia, Gary Bluestein, Glenn J. Bobeck,
Peter F. Brady, Stephen R. Brady, Mark E.
Brand, Daniel F. Brown, Joel Brownstein,
Antonio Cardarelli, William Chen, Dennis
P. Cleary, David J. Colligan, Paul R.
Comeau, Roger F. Cominsky, Lillian E.G.
Cowan, John D’Amato, Dennis J. Dee, John
P. DePaolo, Christopher L. Doyle, Joseph N.
Endres, Anthony L. Eugeni, Robert J.
Feldman, Victor J. Gagliardi, Sharon Stern
Gerstman, Garry M. Graber, Cindy Algase
Gradl, Joseph J. Gumkowski, George Michael Hauss, Debra
Evans Hayden, James G. Hayden, Michele O. Heffernan, Bruce
W. Hoover, Ronald A. Huebsch, Jeffrey A. Human, Gregory T.
Ivancic, Heather A. Johnson, Alice A. Joseffer, David H. Kernan,
Mark S. Klein, Robert E. Kloss, Jennifer L. Krieger, Allan R.
Lipman, James A. Locke, David J. Luzon, Anthony D. Mancinelli,
Laura Konst Marecki, Christopher M. Marks, Laura A. Monte,
William C. Moran, Matthew B. Morey, James M. Mucklewee,
Deborah J. Muhlbauer, Ruth P. Newman, F. Harris Nichols,
Sharon Nosenchuck, Timothy M. O’Mara, Christopher N.
Ollinick, Anthony C. Parlato, Anthony C. Parlato, Raymond M.
Pfeiffer, Lawrence M. Ross, Arthur A. Russ, Jr., Jonathan D.
Schechter, Richard Charles Slisz, Jeffrey W. Stone, Mark L.
Stulmaker, David L. Sweet, Charles E. Telford, Jack Trachtenberg,
Cynthia E. Vance, Surinder K. Virk, Judy N. Cuzzacrea Wagner,
Marla Waiss, Wallace W. Wiens, Roy L. Wixson, Nelson F. Zakia,
Kelly V. Zarcone, Arnold N. Zelman
Board Liaison: Lawrence C. Franco
Corporation Law
Committee
Chair: Kevin R. Talbot
Jerome D. Adner, David H. Alexander,
Martha M. Anderson, Mark S. Aquino,
Sharon Prise Azurin, Thomas C. Bailey,
George F. Bellows, Jacqueline M. Blackley,
Glenn J. Bobeck, Christine Bonaguide,
Stephen R. Brady, Karla Braun-Kolbe, David A. Brody, Martha
Buyer, Timothy C. Cashmore, William Chen, Dennis P. Cleary,
David J. Colligan, Michael J. Colmerauer, Paul R. Comeau, Roger
F. Cominsky, Richard J. Day, Anthony L. Eugeni, Ann E. Evanko,
Randy C. Fahs, Robert J. Feldman, Robert Donald Finn, Karl
Frankovitch, Kenneth P. Friedman, Donald N. Fries, Michael J.
Gallagher, Lawrence J. Gallick, Nancy E. Gates, Herbert J. Glose,
Thomas M. Gordon, Krista Gottlieb, Cindy Algase Gradl,
Christopher T. Greene, William E. Grieshober, Jr., Donna Marie
Hartnett, James G. Hayden, Christopher A. Head, Pamela Davis
Heilman, Bruce W. Hoover, Sean W. Hopkins, Jeffrey A. Human,
Annabelle V. Irey, Gregory T. Ivancic, Kathryn A. Jackson,
Charles P. Jacobs, Daniel P. Joyce, Neil J. Katz, Peter G. Klein,
John J. Koeppel, Gerald L. Kohn, Harry N. Konst, Alan S.
Korman, Andrea Ruta Kozlowski, Jessica M. Kumm, Christine G.
LaBarre, Jessica E. Lankford, Brian N. Lewandowski, Tim C.
Loftis, Steven K. Long, Rocco Lucente, II, Anthony D. Mancinelli,
Erika M. Marabella, William E. Mathias, II, Russell J. Matuszak,
Timothy G. McEvoy, Diane J. McMahon, Ryan Mills, Laura A.
Monte, Roseanne J. Moran, William C. Moran, Matthew B.
Morey, John A. Moscati, Jr., Acea M. Mosey, David J. Murray,
Ruth P. Newman, James R. Newton, F. Harris Nichols, Gretchen
M. Nichols, Ernest J. Norman, Mary C. O’Connor, Sandra S.
Sept 2009 Committee.final:Sept 2005 Committee Insert
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C O M M I T T E E S 2009–2010
O’Loughlin, Anthony C. Parlato, Mark J. Peszko, Raymond M.
Pfeiffer, Richard C. Pohlman, Lauren D. Rachlin, Mary Comeau
Raymond, Brendan J. Rich, M.K. Gaedeke Roland, Steven I.
Rubinstein, Arthur A. Russ, Jr., David V. Sanchez, Jack M.
Sanchez, Jonathan D. Schechter, Michael Schiavone, Gary M.
Schober, Thomas E. Schofield, Stephen J. Schop, Daniel J. Scully,
Timothy P. Seibold, Richard Charles Slisz, James W. Smyton,
Edward J. Snyder, II, Kenneth J. Sodaro, Lisa A. Stidham, Jeffrey
W. Stone, Michael E. Storck, Annick Kamga Tchokonte, Charles
E. Telford, Diane R. Tiveron, Elizabeth M. Tommaney, Paul J.
Vallone, Amy J. Vigneron, Therese M. Vita, Frederick A. Wolf,
Richard D. Yellen, John J. Zak, Kevin J. Zanner, Arnold N.
Zelman
Board Liaison: Lawrence C. Franco
Criminal Law Committee
Chair: Rodney O. Personius
Leigh E. Anderson, Sunil Bakshi, Michael F.
Barone, Robert Berkun, Sherwood L.
Bestry, Nancy J. Bizub, George Russell Blair,
Jr., Michael M. Blotnik, Robert L. Boreanaz,
E. Carey Cantwell, Catherine A. Carey,
Kenneth F. Case, A. Joseph Catalano, Joseph
R. Connelly, Robert N. Convissar, Robert J.
Croyle, Lawrence J. Desiderio, Barry S. Dolgoff, John V. Elmore,
Mark G. Farrell, Keith M. Fehrer, Daniel C. Gard, John M.
Garrity, Giovanni Genovese, Robert M. Goldstein, Charles J.
Greenberg, Robert H. Gurbacki, John J. Hannibal, James P.
Harrington, Ann Giardina Hess, Timothy W. Hoover, Joseph T.
Jarzembek, David G. Jay, John M. Keavey, David S. Kelly, Michael
T. Kelly, Peter M. Kooshoian, Joshua Korman, Fonda Dawn
Kubiak, Joseph M. LaTona, Diane M. LaVallee, Robert D. Lonski,
Andrew C. LoTempio, Scott M. Lupiani, Charles J. Marchese,
Jeffrey P. Markello, Philip M. Marshall, Brian M. Melber, Cheryl
Meyers-Buth, John V.(Sean) Millane, III, Ryan Mills, Timothy J.
Mordaunt, Glenn Edward Murray, Sharon Nosenchuck, John R.
Nuchereno, David J. Pajak, Mark J. Peszko, David W. Polak,
Salvatore T. Sanfilippo, Claudia S. Schultz, Alamdar H. Shah,
Harvey F. Siegel, David K. Silverberg, Joseph F. Sinkewicz, Jr.,
Robert B. Sommerstein, Kevin W. Spitler, Douglas P. Stiller,
Annick Kamga Tchokonte, Joseph J. Terranova, Phillip A.
Thielman, David P. Todaro, Thomas Trbovich, Ayoka Tucker,
Christine Dombrowski Uba, Mark R. Uba, Denis J. Uminski,
Norman B. Viti, Jr., Candace K. Vogel, David S. Widenor, Roger
W. Wilcox, Jr., Katie E. Woodruff, Howard L. Yood
Board Liaison: Daniel J. Henry, Jr.
Elder Law Committee
Chair: Charles Beinhauer
Joseph A. Ables, Jr., George S. Adamson,
David H. Alexander, Lisa J. Allen, Modesto
A. Argenio, Joseph M. Augustine, Jill Aures,
Melissa A. Bader, Brian D. Baird, Beata
Banas, Deborah M. Barone, Noel E. Bartlo,
Holly Adams Beecher, William W. Berry,
David W. Beyer, Richard J. Biryla, Stephen R. Brady, John G.
Brenon, Jillian E. Brevorka, Felice A. Brodsky, Phillip Brothman,
Gordon M. Brown, Marla DePan Brown, Joel Brownstein, Chris
T. Brunea, Colleen Ennis Buonocore, Louise E. Carey, Edward J.
Carland, James N. Carlo, Deborah Carr-Hoagland, Jerome D.
Carrel, Katherine E. Cauley, Anthony F. Cerrone, Ferdinand J.
Ciccarelli, Richard W. Cole, Peter L. Costa, Joseph F. Crangle,
Victoria L. D’Angelo, William H. Daetsch, Dennis J. Dee, John P.
Dee, Gayle L. Eagan, Susan J. Egloff, Patrick L. Emmerling, Keith
M. Fehrer, Helen Ferraro-Zaffram, Mark A. Forden, Howard B.
Frank, Robert Friedman, Donald N. Fries, Victor J. Gagliardi, Sue
S. Gardner, Henry D. Gartner, Patricia A. George, Joseph F.
Gervase, Jr., Margery H. Geyer, Herbert J. Glose, Krista Gottlieb,
Cindy Algase Gradl, Gerald J. Greenan, Elizabeth Bridge
Greenman, James E. Hanlon, John J. Hannibal, William D.
Harrington, Paul Michael Hassett, George Michael Hauss, Tina
M. Hawthorne, Debra Evans Hayden, Ann Giardina Hess,
Andrew C. Hilton, III, Ronald A. Huebsch, Kathryn A. Jackson,
Robert I. Jadd, Craig H. Johnson, E. Thomas Jones, Tara N.
Kamble, Judith D. Katzenelson, Thomas J. Kelly, Denis A.
Kitchen, Jr., Peter E. Klaasesz, Robert E. Kloss, Michael L.
Kobiolka, Thomas G. Kobus, Harry N. Konst, Peter M.
Kooshoian, Joshua Korman, Eleanor T. Kubiniec, Paul W.
Kullman, Richard S. Kwieciak, Mary Jo Lattimore-Young,
Carolyn E. Leed, Catherine West Lefko, Richard J. Lehner, John F.
Leone, Michael J. Lombardo, Leonard G. London, Ralph C.
Lorigo, Melissa LoTempio, David J. Luzon, James M. Maloy,
Robert L. Marinelli, Christopher M. Marks, Mary Kennedy
Martin, Peter J. Martin, Brenda A. Mattar, Norman J. Mattar, Lisa
McDougall, Lillian Medina-Zelazny, Peter P. Melin, Laurie L.
Menzies, Ryan Mills, Rebecca E. Monte, Richard E. Moot,
William C. Moran, Timothy J. Mordaunt, Richard H. Murphy,
Terrie Benson Murray, Sue Dealy Murszewski, James I. Myers,
Ruth P. Newman, James R. Newton, Karen L. Nicolson, Timothy
M. O’Mara, Francis J. Offermann, Jr., Andrea Ott
Anthony C. Parlato, Raymond M. Pfeiffer, Gregory A. Pope,
Michael Pysz, Joseph M. Ralabate, Bruce D. Reinoso, John W.
Rickers, Jr., Jay W. Ricketts, George E. Riedel, Jr., Patrick Rimar,
Thomas M. Rizzo, Edward C. Robinson, Mary Engler Roche, R.
Anthony Ronci, Richard P. Rosso, Lois S. Rubin, Michael J. Ryan,
Marlin B. Salmon, Salvatore T. Sanfilippo, Barbara A. Schaus,
Richard M. Schaus, Jonathan D. Schechter, Geralyn A. Schiffler,
William D. Schulz, Lawrence R. Schwach, Lewis L. Schwartz,
Edward J. Schwendler, Jr., Richard G. Schwind, Michael R.
Shannon, Samuel L. Shapiro, Daniel D. Shonn, Jr., Myron M.
Siegel, Robert G. Sillars, Stephen R. Silverstein, Richard Charles
Slisz, Jamie M. Smith, Daniel L. Smolarek, Christopher J. Smolka,
John C. Spitzmiller, Thomas A. Steffan, Michele L. SterlaceAccorsi, Diana M. Straube, Robert W. Tills, Shelly Tsai, Lisa A.
Valvo, Cynthia E. Vance, Marysue Visser, Therese M. Vita,
Candace K. Vogel, Judith L. Voit, Judy N. Cuzzacrea Wagner,
Mark R. Walling, Michael A. Wargula, Jeffrey L. Whiting, Mary
Ann E. Wiater, Elaine Kupp Wick, David W. Wilson, Peter C.
Wiltse, Douglas L. Winokur, Thomas J. Wojciechowski, Laurence
H. Woodward, Elizabeth R. Wright, Raymond V. Wylegala,
Richard D. Yellen, Kelly V. Zarcone, Arnold N. Zelman
Board Liaison: Nancy W. Saia
Environmental Law
Committee
Chair: John T. Kolaga
Peter J. Battaglia, Richard G. Berger, Robert
L. Besanceney, David A. Brody, Nicole M.
Burroughs, Christopher A. Cardillo, Hugh
C. Carlin, Paul J. Cieslik, Michael T. Coutu,
Regina A. Del Vecchio, Jennifer Dougherty,
David P. Flynn, Robert E. Glanville, James W. Gormley, Morgan
G. Graham, Charles D. Grieco, Dennis P. Harkawik, David M.
Hehr, Kevin M. Hogan, Sean W. Hopkins, Paul F. Jones, Brenda J.
Joyce, Kenneth R. Kirby, Robert E. Knoer, John T. Kolaga, Alice J.
Kryzan, Scott M. Lupiani, James L. Magavern, Charles C.
Martorana, Rebecca McCauley, Harry G. Meyer, Michael C.
Murphy, Sandra A. Nasca, Ernest J. Norman, Anthony M. Nosek,
Mark J. Peszko, Lauren D. Rachlin, Mary Comeau Raymond,
Steven J. Ricca, Earl T. Robinson, III, Marc A. Romanowski,
Alicia C. Rood, Randy C. Rucinski, Peter G. Ruppar, Barbara L.
Schifeling, Elsa J. Schmidt, Nicholas L. Schmitt, Audrey Seeley,
Gene M. Simon, Daniel A. Spitzer, Richard E. Stanton, Charles E.
Telford, George S. Van Nest, Peter P. Vasilion, Marysue Visser,
Hon. Timothy J. Walker, Adam S. Walters, A. Timothy Webster,
David S. Widenor, J. Joseph Wilder
Board Liaison: Laurie Styka Bloom
Federal Practice Committee
Chair: Timothy W. Hoover
Joseph W. Allen, Timothy J. Altieri, Hedwig
M. Auletta, Frank V. Balon, Mary C.
Baumgarten, Margot S. Bennett, Leonard
Berkowitz, Beth Ann Bivona, Robert L.
Boreanaz, Diane F. Bosse, Alan J. Bozer,
Michael A. Brady, Bernardine M. Butler, E.
Carey Cantwell, Earl K. Cantwell, II, Christopher A. Cardillo,
Shawn W. Carey, Hugh C. Carlin, Charles S. Carra, Michael M.
Chelus, William D. Christ, Jeremy A. Colby, Robert B. Conklin,
Linda J. De Tine, R. Scott DeLuca, Lawrence J. Desiderio, Patrick
John Donoghue, Robert A. Doren, Dean M. Drew, Bridget Marie
Faso, William M. Feigenbaum, Brian P. Fitzgerald, Andrew P.
Fleming, Daniel P. Forsyth, Richard D. Furlong, Robert E.
Gallagher, Jr., John J. Giardino, Robert E. Glanville, James W.
Grable, Jr., Wayne R. Gradl, Sheila G. Graziano, Leslie Mark
Greenbaum, Daniel M. Griebel, David R. Hayes, Judy Sager
Hernandez, Kate L. Hill, Marilyn A. Hochfield, Kevin M. Hogan,
Colleen O’Connell Jancevski, Heather A. Johnson, Paul F. Jones,
Linda H. Joseph, Thomas P. Kawalec, Kevin M. Kearney, Lindy
Korn, Christine G. LaBarre, Thomas S. Lane, Robert L. Lash, J.
Michael Lennon, II, Laura Ann Linneball, Daniel T. Lukasik,
Mary Elizabeth Mattimore, Rebecca McCauley, Michael P.
McClaren, Susan M. McClaren, Brian M. Melber, Cheryl MeyersButh, Mark A. Molloy, Harry F. Mooney, Jonathan Alan Mugel,
Glenn Edward Murray, James J. Navagh, Melissa Hancock
Nickson, Stephen M. O’Neill, David J. Pajak, Nelson Perel, Paul I.
Perlman, Rodney O. Personius, E. Peter Pfaff, Sharon M.
Porcellio, Willard M. Pottle, Jr., Michael B. Powers, Scott C.
Printup, Lawlor F. Quinlan, III, Colin D. Ramsey, Karen
Richardson, Anna Marie Richmond, Mary (Molly) K. Roach,
Diane Marie Roberts, Michael J. Roemer, James J. Rooney, J.
David Sampson, William F. Savino, Mark J. Schaefer, Andrea
Schillaci, John G. Schmidt, Jr., William C. Schoellkopf, Ginger D.
Schroder, Eric W. Schultz, Lawrence A. Schulz, Kathleen M.
Sellers, Leonardo D. Sette-Camara, Jeffrey Signor, Stanley J.
Sliwa, Lisa L. Smith, Jeffrey C. Stravino, Aaron Sukert, Steve
Suneson, Kevin D. Szczepanski, Annick Kamga Tchokonte,
Eugene C. Tenney, Christine Dombrowski Uba, Mark R. Uba,
Pierre A. Vincent, Hon. Timothy J. Walker, John J. Weinholtz,
Robert C. Weissflach, James W. Whitcomb, Kevin P. Wicka,
David S. Widenor, J. Joseph Wilder, Thomas S. Wiswall, Gretchen
L. Wylegala, Preston L. Zarlock
Board Liaison: Patrick J. Brown
Health Care Law Committee
Chair: Lisa McDougall
Carrie Adamczyk, RN, George S. Adamson,
Janice A. Barber, Ericka N. Bennett, Susan
A. Benz, Jacqueline M. Blackley, Mark E.
Brand, Sally Broad, T. Alan Brown, Chris T.
Brunea, Rodney D. Butler, Ann M.
Campbell, Jane F. Clemens, Frederick B.
Cohen, John DeFazio, Lawrence C. DiGiulio, Mariely Downey,
David L. Edmunds, Jr., Keith M. Fehrer, Amy Archer Flaherty,
Sandra Friedfertig, Chester J. Gary, Herbert J. Glose, Bruce A.
Goldstein, James W. Gormley, Daniel M. Griebel, J. Mark Gruber,
Marianne E. Hanley, John J. Hannibal, Scott R. Hapeman,
Georgette Morphis Hasiotis, Mary Jo Herrscher, Bernadette
Hoppe, William Patrick Keefer, Harry N. Konst, Renata
Kowalczuk, Christine G. LaBarre, Linda C. Laing, Nancy M.
Langer, Laura Ann Linneball, Brian C. Mahoney, Stephen A.
Manuele, Richard C. Marcus, Linda J. Marsh, Joseph V.
McCarthy, Virginia C. McEldowney, Lillian Medina-Zelazny,
Carolyn Messana-Morrow, Joseph G. Moreno, James M.
Mucklewee, Penny Martin Munschauer, David J. Murray,
Maureen R.L. Mussenden, Dawn M. Myszka, James J. Navagh,
Dia H. Nicolatos, Karen L. Nicolson, Lynnette NoguerasTrummer, Charles R. Notaro, Mary C. O’Connor, Francis J.
Offermann, Jr., Andrea Ott, Michelle Parker, Joel H. Paull, Susan
M. Piver, Christopher D. Porter, Cheryl A. Possenti, Timothy J.
Quinlivan, Mary Comeau Raymond, Diane L. Reboy MS, RN,
LNCC, F-ABFN, Kathleen M. Reilly, Bruce D. Reinoso, Aven
Rennie, John W. Rickers, Jr., Michael J. Roach, Meghann N.
Roehl, Sharyn G. Rogers, M.K. Gaedeke Roland, Marylou
Kathryn Roshia, Lawrence M. Ross, Laura Tulyk Rossi, Eva
Rubinstein, Steven I. Rubinstein, Jennifer R. Scharf, Barbara L.
Schifeling, Iris B. Schifeling, Daniel J. Scully, Maura C. Seibold,
Michael B. Sexton, James R. Sheldon, Jr., Carmen L. Snell,
Kenneth J. Sodaro, Gary M. Sterman, Joseph A. Stoeckl, Diana
M. Straube, Kathleen M. Sweet, Susan Bring Tobe, Christine A.
Trojan, BSN, RN, LNCC, Shelly Tsai, Karen D. Tunis-Manny,
Christine Dombrowski Uba, Lisa A. Valvo, Christopher R. Viney,
Surinder K. Virk, Marysue Visser, Francis P. Weimer, David Mark
Wexler, Eileen M. Wheeler, Cynthia Wojciechowski, Richard D.
Yellen, Kelly V. Zarcone
Board Liaison: Kevin W. Spitler
Human Rights Committee
Chair: Alan J. Bozer
Holly Baum, Diane M. Ciurczak, John
DeFazio, Stephanie G. Elliott, Allen W.
Farabee, Sophie Feal, Lisa R. Gradascevic,
Charles J. Greenberg, Daniel M. Griebel,
Marc D. Hess, Marilyn A. Hochfield, David
G. Jay, Norman E. Joslin, Anne E. Joynt,
Minryu Sarah Kim, John N. Lipsitz, Paige Rizzo Mecca, Glenn
Edward Murray, John J. Phelan, Richard J. Rosche, Melissa
Sanchez, Leonardo D. Sette-Camara, Aaron Sukert, Marysue
Visser, Jeffrey Weiss, John A. Ziegler
Board Liaison: Kevin W. Spitler
Immigration Law
Committee
Chair: Robert D. Kolken
David R. Addelman, Gretchen P. Aylward,
Erin E. Bahn, Michael B. Berger, Rosemary
Gavigan Bis, Kenneth A. Cohen, Melinda G.
Disare, James D. Eiss, Sophie Feal, Daniel
M. Griebel, Natalie A. Grigg, F. Alejandro
Gutierrez, Marc D. Hess, Joseph T. Jarzembek, David W. Kloss,
Brian N. Lewandowski, Michael Likoudis, Lance J. Madden,
Michael E. Marszalkowski, William Z. Reich, Manik J. Saini,
Melissa Sanchez, Thomas E. Schofield, Eric W. Schultz, Michael
I. Serotte, Alamdar H. Shah, Annick Kamga Tchokonte, John L.
Trigilio, Lisa A. Valvo, Surinder K. Virk, Andrew MacDonald
Wilson
Board Liaison: Lynn D. Gates
Insurance Plans Committee
Chair: Andrew D. Merrick
Jerome D. Carrel, Joseph A. Matteliano, Joel
H. Paull
Intellectual Property,
Computer & Entertainment
Law Committee
Chair: Ellen Swartz Simpson
Kenneth W. Africano, Robert C. Atkinson,
Edwin T. Bean, Jr., Candace Lynn Bell,
Michael J. Berchou, Stephen R. Brady,
Nicole M. Burroughs, Martha Buyer,
Catherine A. Carey, Michael F. Chelus, Michael M. Chelus,
William Chen, Stephanie A. Cole, Patricia M. Costanzo, John
DeFazio, Anne F. Downey, Randy C. Fahs, Kenneth J. Farrell,
William M. Feigenbaum, Robert Donald Finn, Steven S. Fox,
Cindy Algase Gradl, Leslie Mark Greenbaum, Charles J.
Greenberg, Tara Hart-Nova, Georgette Morphis Hasiotis, Marion
K. Henderson, Sean W. Hopkins, Annabelle V. Irey, John A.
Joseph, III, Linda H. Joseph, Daniel P. Joyce, Alan S. Korman,
Susan M. Lankenau, C. Richard Lohrman, Vincent G. LoTempio,
Michael E. Marszalkowski, Kevin D. McCarthy, Andrew E.
McLaughlin, Lillian Medina-Zelazny, Rosalie A. Melisz, Laura A.
Monte, John A. Moscati, Jr., Lisa M. Mueller, Terrie Benson
Murray, Lynnette Nogueras-Trummer, Stephen M. O’Neill, Paul
I. Perlman, Barbara Ann Piazza, Lisa Primerano, David L.
Principe, Sallie G. Randolph, Aven Rennie, Gary M. Schober,
Sean D. Schoenborn, Stuart B. Shapiro, Robert P. Simpson,
Christopher D. Smith, George L. Snyder, Jr., Michael E. Storck,
Mark J. Stuhlmiller, Kenneth D. Suzan, Charles Craig
Swanekamp, Annick Kamga Tchokonte, John C. Thompson,
Elizabeth M. Tommaney, David S. Widenor, Arnold N. Zelman
Board Liaison: Brian C. Mahoney
International Law
Committee
Chair: Marc D. Hess
Gretchen P. Aylward, Elizabeth M. Bergen,
Christine Bonaguide, Marc W. Brown,
Elizabeth K. Buscaglia, Patricia S. Ciccarelli,
Steven P. Curvin, Richard J. Day, Jason B.
Desiderio, Sophie Feal, Jean E. Gittler,
Nicole Graci, Mark A. Harasymiw, Regan P. Ihde, Thomas P.
Kawalec, John J. Keenan, Renata Kowalczuk, Jeffrey S. Krajewski,
Stephen R. Lamantia, Tehsheng (Abby) Ma, Giles P. Manias,
Timothy P. Murphy, Sharon Nosenchuck, Lauren D. Rachlin,
R. Anthony Rupp, III, Manik J. Saini, Linda Sikka, Morgan
Taylor, Kelly V. Zarcone
Board Liaison: Patrick J. Brown
Judges’ Committee
Chair: Hon. John P. Lane
Hon. Tracey A. Bannister, Hon. Carl L.
Bucki, Hon. Christopher J. Burns, Hon.
Russell P. Buscaglia, Hon. Kevin M. Dillon,
Mark G. Farrell, Hon. Joseph R. Glownia,
Hon. Jerome C. Gorski, Hon. Deborah A.
Haendiges, Douglas W. Marky, Hon. John
A. Michalek, Hon. John F. O’Donnell, Hon.
Erin M. Peradotto, Hon. Eugene F. Pigott, Jr., Hon. Frank A.
Sedita, Jr., Hon. Donna M. Siwek, James J. Spann, Jr., Jeffrey F.
Voelkl, Hon. Timothy J. Walker, Kevin D. Walsh, Hon. Gerald J.
Whalen
Judiciary Committee
Chair: Nelson F. Zakia
Joseph A. Ables, Jr., Mark Arcara, Teresa
Brophy Bair, Daniel E. Barry, Jr., Michael A.
Brady, David G. Brock, Michele A. Brown,
Joel Brownstein, C. DeForest Cummings,
Jr., Thomas P. Cunningham, John M.
Dempsey, Carol White Gibson, Nicholas W.
Hicks, David G. Jay, William J. Kita, Mark
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C O M M I T T E E S 2009–2010
A. Molloy, Lynn A. Murphy, Glenn Edward Murray, Paula M.
Eade Newcomb, Timothy M. O’Mara, Thomas E. Roberts, Walter
L. Rooth, III, Ellen Swartz Simpson, Ayoka Tucker, Candace K.
Vogel, Tracy Sendor Woodrow, Mark A. Worrell, Mary Quinn
Wydysh
Board Liaison: Laurie Styka Bloom
Justice Courts Committee
Chair: Jeffrey F. Voelkl
Mark A. Adrian, Timothy J. Altieri, Thomas
E. Andruschat, Michael F. Barone,
Sherwood L. Bestry, Nancy J. Bizub, George
Russell Blair, Jr., Hon. M. William Boller,
Nicole M. Burroughs, R. Colin Campbell,
Deborah Carr-Hoagland, Hon. John M.
Curran, Mark G. Farrell, Michael J. Flaherty, Robert Friedman,
Mary E. Giallanza, Gerald P. Gorman, Daniel P. Grasso, J. Mark
Gruber, John J. Gruber, John M. Keavey, Jeffrey Kingsley, Robert
D. Lonski, Ralph C. Lorigo, Sam Maislin, Joan E. Maloney,
Patrick J. Maloney, Jeffrey P. Markello, Douglas W. Marky, Brenda
A. Mattar, Alan P. McCracken, Peter P. Melin, Cheryl MeyersButh, Michael L. Munley, Ernest J. Norman, Sharon Nosenchuck,
David J. Pajak, Beth A. Parlato, Wallace C. Piotrowski, David W.
Polak, Melissa Potzler, Joseph L. Randazzo, Eugene W. Salisbury,
Richard M. Schaus, Claudia S. Schultz, Eric W. Schultz, David K.
Silverberg, Joseph F. Sinkewicz, Jr., Christopher D. Smith, Ayoka
Tucker, Denis J. Uminski, Peter P. Vasilion, Marysue Visser,
William A. Waible, Henry S. Wick, Wallace W. Wiens, Katie E.
Woodruff, Jeri N. Wright, Edward M. Zimmerman
Board Liaison: Daniel J. Henry, Jr.
Labor Law Committee
Chair: Sean P. Beiter
Modesto A. Argenio, Jenifer S. Barr, Judith
A. Biltekoff, Rosemary Gavigan Bis, Robert
L. Boreanaz, Richard A. Braden, Elisha J.
Burkart, Dennis J. Campagna, Earl K.
Cantwell, II, Hugh C. Carlin, Elizabeth D.
Carlson, Charles S. Carra, Tracie L. Covey,
R. Scott DeLuca, Gina Marie DePrima, Melinda G. Disare, James
P. Domagalski, James D. Donathen, Robert A. Doren, Ann E.
Evanko, Randy C. Fahs, Karen B. Feger, Andrew P. Fleming,
Daniel P. Forsyth, Richard D. Furlong, Jerry A. Gambino, Daniel
C. Gard, Nancy E. Gates, Heather A. Giambra, E. Joseph Giroux,
Jr., Wendy D. Glauber, Peter C. Godfrey, Krista Gottlieb, Wayne
R. Gradl, William E. Grande, James R. Grasso, Thomas N.
Graziani, Josephine A. Greco, Margaret P. Gryko, David E. Hall,
James E. Hanlon, Robert P. Heary, Judy Sager Hernandez,
Marilyn A. Hochfield, Scott P. Horton, Colleen O’Connell
Jancevski, Susan S. Johnson, Linda H. Joseph, Aaron E. Kaplan,
Thomas P. Kawalec, Thomas G. Kobus, Alan S. Korman, Lindy
Korn, Christine G. LaBarre, Steven K. Long, Tracie L. Lopardi,
Mary Elizabeth Mattimore, Susan M. McClaren, Philip H.
McIntyre, Ryan Mills, Mark A. Moldenhauer, Michael R.
Moravec, Mark Morgan, Sarah J. Mugel, James I. Myers, Kathleen
E. O’Hara, Timothy M. O’Mara, Randall M. Odza, Laurence B.
Oppenheimer, Randolph C. Oppenheimer, Patricia Ann Pancoe,
Mark G. Pearce, E. Peter Pfaff, Edward G. Piwowarczyk, Joel M.
Poch, Christopher D. Porter, Joseph L. Randazzo, Robert J.
Reden, Anna Marie Richmond, Amy Habib Rittling, Diane Marie
Roberts, James J. Rooney, Randy C. Rucinski, Joseph F. Saeli, Jr.,
Eugene W. Salisbury, Andrea L. Sammarco, Tracy Dale
Sammarco, Melissa Sanchez, Harvey P. Sanders, James N. Schmit,
Ginger D. Schroder, W. James Schwan, Jeffrey Signor, Anne
Smith Simet, Carmen L. Snell, Kenneth J. Sodaro, Aaron Sukert,
Sarah E. Tollner, Pierre A. Vincent, Marysue Visser, Theresa M.
Walsh, Paul D. Weiss, Robert C. Weissflach, Kristin Klein
Wheaton, Kevin P. Wicka, Richard H. Wyssling, Richard D. Yellen
Board Liaison: Jennifer M. Dillon
Lawyer Referral &
Information Service
Chair: Robert A. Fiordaliso
Jerome D. Carrel, Andrew P. Fleming, Alvin
M. Greene, Robert H. Gurbacki, Lawrence
S. Lewis, Jennie M. Muscarella, Christopher
J. O’Brien, David J. Pajak, Mark J. Peszko,
Jay N. Rosenthal, Irving M. Shuman,
Edward J. Snyder, Roy L. Wixson
Matrimonial & Family Law
Committee
Chair: Catherine E. Nagel
Joan Casilio Adams, Cheryl A. Aloi, John J.
Aman, Nicholas P. Amigone, III, Grace
Marie Ange, Kristin Langdon Arcuri, Joseph
M. Augustine, Hon. Rosalie S. Bailey, Sunil
Bakshi, Kelly L. Ball, Joseph C. Bania,
Rebecca H. Baritot, Holly Baum, Ruth E. Baum, Mary C.
Baumgarten, Sheldon B. Benatovich, David A. Bernsohn,
Katherine J. Bestine, Nancy J. Bizub, Michael M. Blotnik, Ann
Marie Boland, Christopher J. Brechtel, Bryan G. Brockway,
Gordon M. Brown, Michele A. Brown, Joel Brownstein, Hon.
Paul G. Buchanan, Eugene Vincent Burke, Thomas E. Butler,
Louis M. Cacciato, Emil J. Cappelli, Deborah Carr-Hoagland,
Hon. Kevin M. Carter, Thomas R. Cassano, Donna M.
Castiglione, Melissa A. Cavagnaro, Michelle G. Chaas, Cindy
Chandler, Michael J. Chmiel, Linda W. Chodos, Ronald M.
Cinelli, Diane M. Ciurczak, Jamie L. Codjovi, Emilio Colaiacovo,
Richard W. Cole, Susan B. Collins, Carol A. Condon, Mary Anne
Connell, Joseph R. Connelly, Peter L. Costa, Kathleen A. Crowley,
Robert J. Croyle, Roger T. Davison, Julie Ann Dee, Regina A. Del
Vecchio, James C. DeMarco, III, Gina Marie DePrima, Lawrence
J. Desiderio, Sheila Sullivan Dickinson, Noralyn A. Dillon, Linda
M. DiPasquale, Elizabeth M. DiPirro, Cecile Mathis Dorliae, John
B. Elliott, Laura J. Emerson, Julie Falvey, Noemi Fernandez-Hiltz,
Kelly A. Feron, Peter J. Fiorella, Jr., Jennifer G. Flannery, George
Hamilton Forman, Bernard B. Freedman, Brenda M. Freedman,
Maryann Saccomando Freedman, Thomas J. Gaffney, Eugene M.
Gaughan, Stuart A. Gellman, Giovanni Genovese, Mary E.
Giallanza, Richard H. Gordon, Lisa R. Gradascevic, Daniel P.
Grasso, Sheila G. Graziano, Alvin M. Greene, Elizabeth Bridge
Greenman, Steven H. Grocott, Hon. Deborah A. Haendiges,
Barbara Ellen Handschu, Tracy Scott Harrienger, James P.
Harrington, Georgette Morphis Hasiotis, Donna L. Haslinger,
Tina M. Hawthorne, Ann Giardina Hess, Carla E. Higgins, Hollis
M. Hite, Susan S. Hogan, Bernadette Hoppe, Ronald A. Huebsch,
Mark A. Hulnick, John J. Jablonski, Joseph T. Jarzembek, Keith I.
Kadish, Allan H. Kaminsky, Tracey A. Kassman, Eileen Katz,
Barbara A. Kilbridge, Denis A. Kitchen, Jr., Anna M. Kobialka,
Kristin G. Kozlowski, James A. Kreuzer, Carl B. Kustell, Thomas
S. Labin, James F. Lagona, Lawrence S. Lane, Frederick M. Lang,
Mary Jo Lattimore-Young, Bennett Leader, Richard J. Lehner,
Marilyn E. Lew, Howard S. Lipman, Thomas R. Lochner, Julie
Loesch, Frank J. Longo, Mark J. Longo, Joan E. Maloney, Jeffrey
C. Mannillo, Charles J. Marchese, Randy S. Margulis, Jeffrey P.
Markello, Mia McFarlane Markello, Mindy L. Marranca, Philip
M. Marshall, Christopher S. Mattingly, Suzanne M. Maxwell,
Maureen A. McCready, Athena McCrory, Pamela M. McGorry,
Paige Rizzo Mecca, Lillian Medina-Zelazny, Charles A. Messina,
Hon. John A. Michalek, Raymond T. Miles, III, John V.(Sean)
Millane, III, Rachel L. Mitchell, Timothy J. Mordaunt, Keith A.
Morgenheim, Lynn A. Murphy, Hon. Patrick H. NeMoyer,
Sharon Nosenchuck, Barbara S. Nuchereno, Hon. John F.
O’Donnell, Patrick C. O’Reilly, Evelyne A. O’Sullivan, Kenneth A.
Olena, Sharon Anscombe Osgood, Mickey H. Osterreicher,
David J. Pajak, Thomas Allan Palmer, Beth A. Parlato, Nadine E.
Patterson, Paul D. Pearson, Hon. Erin M. Peradotto, Karen L.
Peterson, Raymond M. Pfeiffer, Hon. Eugene F. Pigott, Jr.,
Brandon Portis, Michael Pysz, Shari Jo Reich, Susan P. Reinecke,
James P. Renda, Jay W. Ricketts, Katherine B. Roach, Hon. Lisa
Bloch Rodwin, Julie Atti Rogers, R. Anthony Ronci, Hon. Janice
M. Rosa, Richard J. Rosche, Michael Anthony Rossi, Debra C.
Rougeux, Lois S. Rubin, Ross T. Runfola, Judith E. Samber, David
V. Sanchez, Jack M. Sanchez, Salvatore T. Sanfilippo, Christine
Saturnino, Barbara A. Sauer, Barbara A. Schaus, Richard M.
Schaus, Hon. Frank A. Sedita, Jr., Alamdar H. Shah, Kevin
Patrick Shelby, David A. Siegel, Harvey F. Siegel, Jeffrey Signor,
David K. Silverberg, Michael S. Simon, Hon. Donna M. Siwek,
Mary L. Slisz, Richard Charles Slisz, Thomas R. Smith, Edward J.
Snyder, Robert B. Sommerstein, John E. Spadafora, Jeffrey A.
Spencer, Daniel J. Sperrazza, Thomas A. Steffan, Robert S.
Stephenson, Michele L. Sterlace-Accorsi, David G. Stiller, Diana
M. Straube, Steven R. Sugarman, Aaron Sukert, Pamela H.
Thibodeau, John L. Trigilio, Deanne M. Tripi, Shelley A. Truex,
Ayoka Tucker, Lisa A. Valvo, B. Diane Vance, Paul A. Vance,
Catharine M. Venzon, Jessica Vesper, Marysue Visser, Judith L.
Voit, Deborah A. Walker-DeWitt, Dennis E. Ward, Amanda M.
Warner, Joan Warren, Brian R. Welsh, David D. White, Justin S.
White, Jeffrey A. Wieczkowski, Wallace W. Wiens, David W.
Wilson, Steven G. Wiseman, Katie E. Woodruff, Diane Y. Wray,
Jeri N. Wright, Howard L. Yood, Nelson F. Zakia, Kelly V.
Zarcone, H.A. Terri Zionts
Board Liaison: Bridget M. O’Connell
Minority Outreach
Committee
Chair: Hon. Betty Calvo-Torres
Divitta M. Alexander, Modesto A. Argenio,
Sunil Bakshi, Tasha T. Dandridge, David L.
Edmunds, Jr., John V. Elmore, Hon.
Thomas P. Franczyk, Maureen A.
McCready, Lynnette Nogueras-Trummer,
Hon. E. Jeannette Ogden, Brandon Portis,
Shelly Tsai, Marisa Villeda
Municipal & School Law
Committee
Chair: Herbert J. Glose
Donald A. Alessi, John A. Alessi, Thomas E.
Andruschat, Rosemary L. Bapst, Deborah
M. Barone, Michael F. Barone, Steven B.
Bengart, Ronald P. Bennett, Rosemary
Gavigan Bis, Richard G. Boehm, Phillip
Brothman, Craig R. Bucki, Scott A. Bylewski, John J. Christopher,
Jeremy A. Colby, Michael T. Coutu, Douglas W. Dimitroff, James
P. Domagalski, Richard B. Dopkins, John V. Elmore, David A.
Farmelo, Robert J. Feldman, Andrew J. Freedman, Bernard B.
Freedman, Robert Friedman, Carmen J. Gentile, Peter C.
Godfrey, Thomas N. Graziani, Susan J. Grelick, James E. Hanlon,
Debra Evans Hayden, David R. Hayes, David A. Hoover, Craig H.
Johnson, E. Thomas Jones, Karl W. Kristoff, Tracie L. Lopardi,
James L. Magavern, James M. Maloy, Patrick E. Martin, Shawn P.
Martin, Charles C. Martorana, Joseph A. Matteliano, Michael P.
McClaren, Darryl McPherson, Ryan Mills, Paula M. Eade
Newcomb, Patricia Ann Pancoe, Michael F. Perley, J. Matthew
Plunkett, Peter L. Powers, Michael B. Risman, Andrea L.
Sammarco, Richard M. Schaus, James N. Schmit, Leonardo D.
Sette-Camara, Ronald S. Shubert, Carolyn A. Siegel, Colleen A.
Sloan, Ryan G. Smith, Stephen M. Sorrels, Daniel A. Spitzer,
Richard E. Stanton, Jeffrey W. Stone, Paul J. Suozzi, Chris G.
Trapp, William J. Trask, Sr., Peter P. Vasilion, Amy J. Vigneron,
Pierre A. Vincent, Robert G. Walsh, Peter Allen Weinmann, Brian
D. White, Frederick A. Wolf
Negligence Committee
Chair: Arthur A. Herdzik
Richard G. Abbott, John E. Abeel, Joseph A.
Ables, Jr., Timothy J. Altieri, Timothy J.
Andruschat, Daniel R. Archilla, Jeffrey F.
Baase, Sunil Bakshi, Janice A. Barber,
Richard J. Barnes, Philip C. Barth, III, Scott
C. Becker, Laurence D. Behr, Catherine
Beltz-Foley, Paul A. Bender, Margot S. Bennett, Joseph R. Bergen,
Howard E. Berger, Robert Berkun, Judith A. Biltekoff, Brian A.
Birenbach, Dennis J. Bischof, Diane F. Bosse, Stephen Boyd,
Michael D. Braisted, Michele Ann Braun, Patrick J. Brown, T.
Alan Brown, Hon. Paul G. Buchanan, Colleen Ennis Buonocore,
Ann M. Campbell, John F. Canale, Mark H. Cantor, Christopher
A. Cardillo, Shawn W. Carey, David C. Caywood, Marco
Cercone, Roland M. Cercone, Michael F. Chelus, Michael M.
Chelus, William D. Christ, Patricia S. Ciccarelli, Stephen C.
Ciocca, Howard B. Cohen, George W. Collins, Jr., John R.
Condren, Lisa A. Coppola, Thomas P. Cunningham, Steven P.
Curvin, Tasha T. Dandridge, Johanna M. Dash, John DeFazio,
Regina A. Del Vecchio, Anthony J. DeMarie, John P. DePaolo,
Patrick John Donoghue, John R. Drexelius, Jr., Robert E. Dwyer,
Boyd L. Earl, David H. Elibol, Mark G. Farrell, David P. Feldman,
Wayne C. Felle, John P. Feroleto, Adam C. Ferrandino, Brian P.
Fitzgerald, Troy S. Flascher, Bernard B. Freedman, Robert E.
Page I-3
Gallagher, Jr., Jeffery D. Gangi, Lynn D. Gates, Herschel Gelber,
Carmen J. Gentile, William A. Gersten, Mark G. Giangreco, Irwin
E. Ginsberg, Robert M. Goldstein, David M. Goodman,
Josephine A. Greco, Thomas J. Grillo, Richard A. Grimm, III, J.
Mark Gruber, John J. Gruber, John P. Gullo, II, Robert H.
Gurbacki, Michael T. Hagelin, H. Ward Hamlin, Jr., Paul F.
Hammond, James E. Hanlon, John J. Hannibal, Daniel J. Henry,
Jr., Jonathan S. Hickey, Terrence P. Higgins, Kevin M. Hogan,
Frank T. Housh, Hon. Michael E. Hudson, Paul K. Isaac, Joseph
T. Jarzembek, Peter M. Jasen, E. Thomas Jones, Paul F. Jones,
Anne E. Joynt, Richard S. Juda, Jr., Dennis Alan Kahn, Thomas P.
Kawalec, Laraine Kelley, Christopher C. Kerr, Jeffrey Kingsley,
Kenneth R. Kirby, William J. Kita, Renata Kowalczuk, Kenneth A.
Krajewski, Paul W. Kullman, Carl B. Kustell, Christine G.
LaBarre, Thomas S. Lane, Nancy M. Langer, Kris E. Lawrence,
Robert D. Leary, Lawrence S. Lewis, Laura Ann Linneball,
Howard S. Lipman, Kevin Loftus, Jr., William A. Long, Jr., John
T. Loss, Daniel T. Lukasik, Brian A. MacDonald, Patrick J.
Maloney, James M. Maloy, Stephen A. Manuele, Robert J.
Maranto, Jr., Jeffrey P. Markello, Daniel J. Marren, Linda J.
Marsh, William K. Mattar, Joseph A. Matteliano, Mitchell M.
Matusick, Michael P. McClaren, Alan P. McCracken, Neil J.
McKinnon, Thomas M. Mercure, Cheryl Meyers-Buth, Hon.
John A. Michalek, Ryan Mills, Nicholas L. Mineo, Harry G.
Modeas, Jr., Roy A. Mura, Matthew T. Murray, III, James J. Nash,
James J. Navagh, Thomas J. Navarro, Jr., Mark S. Nemeth, Hon.
Patrick H. NeMoyer, Paula M. Eade Newcomb, Catherine R.
Nugent, Timothy G. O’Connell, David J. Pajak, Marc C.
Panepinto, Michelle Parker, James A. Partacz, Anthony F. Pegnia,
Jr., Hon. Erin M. Peradotto, Mark S. Perla, David R. Pfalzgraf, Jr.,
Hon. Eugene F. Pigott, Jr., David W. Polak, Cheryl A. Possenti,
Peter L. Powers, Scott C. Printup, John J. Quackenbush, Jr., Colin
D. Ramsey, Michael H. Ranzenhofer, Lawrence J. Regan, Kathleen
M. Reilly, Michael A. Riehler, Amy Habib Rittling, Katherine B.
Roach, Michael J. Roach, Meghann N. Roehl, Sharyn G. Rogers,
Richard J. Rosche, Jay N. Rosenthal, Michael Anthony Rossi, R.
Anthony Rupp, III, J. David Sampson, Jack M. Sanchez, Thomas
Santa Lucia, Daniel E. Sarzynski, Mark J. Schaefer, Jennifer R.
Scharf, Richard M. Schaus, Daniel L. Schoenborn, Duane D.
Schoonmaker, Lawrence A. Schulz, Lawrence R. Schwach, Scott
M. Schwartz, Edward J. Schwendler, III, Michael C. Scinta, Hon.
Frank A. Sedita, Jr., E. Michael Semple, Stuart B. Shapiro,
Stephen A. Sharkey, Neil R. Sherwood, Irving M. Shuman, David
K. Silverberg, Stanley J. Sliwa, Craig Z. Small, Stephen M. Sorrels,
David M. Stillwell, Howard J. Stirling, Edward J. Taublieb, Annick
Kamga Tchokonte, Gordon D. Tresch, Carl Tronolone, James P.
Verrastro, Mary E. Virginia, Norman B. Viti, Jr., Hon. Timothy J.
Walker, Theresa M. Walsh, John J. Weinholtz, Hon. Gerald J.
Whalen, James W. Whitcomb, Brian D. White, David D. White,
Kevin P. Wicka, J. Joseph Wilder, Pauline C. Will, Kristen M.
Wolf, Mary Quinn Wydysh, Leonard D. Zaccagnino, Preston L.
Zarlock, John A. Ziegler
Board Liaison: Peter F. Brady
Practice & Procedure in
Family Court Committee
Chair: Mindy L. Marranca
Joan Casilio Adams, Cheryl A. Aloi, John J.
Aman, Nicholas P. Amigone, III, Ann
Leonard Anderson, Kristin Langdon Arcuri,
Joseph M. Augustine, Hon. Rosalie S. Bailey,
Sunil Bakshi, Joseph C. Bania, Michael F.
Barone, Ruth E. Baum, Katherine J. Bestine, Nancy J. Bizub, Ann
Marie Boland, Christopher J. Brechtel, Michele A. Brown, Hon.
Paul G. Buchanan, Emil J. Cappelli, Antonio Cardarelli, Kathleen
M. Carmody, Deborah Carr-Hoagland, Thomas R. Cassano,
Donna M. Castiglione, A. Joseph Catalano, Melissa A.
Cavagnaro, Anthony Cervi, Michelle G. Chaas, Cindy Chandler,
Linda W. Chodos, Elizabeth J. Ciambrone, Ronald M. Cinelli,
Diane M. Ciurczak, Jamie L. Codjovi, Emilio Colaiacovo, Richard
W. Cole, Susan B. Collins, Carol A. Condon, Mary Anne Connell,
Kathleen M. Contrino, Kathleen A. Crowley, Robert J. Croyle,
Roger T. Davison, Julie Ann Dee, Paul Gordon Dell, Gina Marie
DePrima, Sheila Sullivan Dickinson, Noralyn A. Dillon, Linda M.
DiPasquale, Elizabeth M. DiPirro, Cecile Mathis Dorliae, Julie
Falvey, Noemi Fernandez-Hiltz, Kelly A. Feron, Peter J. Fiorella,
Jr., Brenda M. Freedman, Maryann Saccomando Freedman,
Giovanni Genovese, Mary E. Giallanza, Richard H. Gordon, Lisa
R. Gradascevic, Daniel P. Grasso, Sheila G. Graziano, Alvin M.
Greene, Elizabeth Bridge Greenman, Hon. Deborah A.
Haendiges, John J. Hannibal, Tracy Scott Harrienger, Georgette
Morphis Hasiotis, Donna L. Haslinger, Tina M. Hawthorne,
Carla E. Higgins, Hollis M. Hite, Joseph Hodan, Susan S. Hogan,
Bernadette Hoppe, Ronald A. Huebsch, Joseph T. Jarzembek,
Keith I. Kadish, Robert B. Kaiser, Tracey A. Kassman, Eileen Katz,
John M. Keavey, Denis A. Kitchen, Jr., Anna M. Kobialka, Kristin
G. Kozlowski, James A. Kreuzer, James F. Lagona, Lawrence S.
Lane, Mary Jo Lattimore-Young, Richard J. Lehner, Marilyn E.
Lew, Thomas R. Lochner, Julie Loesch, Robert D. Lonski, Jeffrey
C. Mannillo, Charles J. Marchese, Jeffrey P. Markello, Mia
McFarlane Markello, Christopher S. Mattingly, Athena McCrory,
Paige Rizzo Mecca, John V.(Sean) Millane, III, Margery A. Miller,
Timothy J. Mordaunt, Keith A. Morgenheim, Lynn A. Murphy,
Sharon Nosenchuck, Evelyne A. O’Sullivan, Kenneth A. Olena,
David J. Pajak, Paul D. Pearson, Raymond M. Pfeiffer, Dean S.
Puleo, Kevin M. Reedy, Shari Jo Reich, Hon. Lisa Bloch Rodwin,
Julie Atti Rogers, R. Anthony Ronci, Hon. Janice M. Rosa, Laura
Tulyk Rossi, Debra C. Rougeux, Lois S. Rubin, Eva Rubinstein,
Ross T. Runfola, Judith E. Samber, David V. Sanchez, Salvatore T.
Sanfilippo, Christine Saturnino, Barbara A. Sauer, Barbara A.
Schaus, David C. Schopp, Claudia S. Schultz, Denis A. Scinta,
James M. Shaw, Richard Charles Slisz, John E. Spadafora, Joseph
W. Stadler, Robert S. Stephenson, Michele L. Sterlace-Accorsi,
Diana M. Straube, Steven R. Sugarman, Aaron Sukert, Louise M.
Szimonisz, Pamela H. Thibodeau, Hon. Sharon S. Townsend,
John L. Trigilio, Deanne M. Tripi, Shelley A. Truex, Ayoka Tucker,
Lisa A. Valvo, B. Diane Vance, Jessica Vesper, Marysue Visser,
Deborah A. Walker-DeWitt, Dennis E. Ward, Amanda M.
Warner, Brian R. Welsh, David Whittemore, Wallace W. Wiens,
David W. Wilson, Steven G. Wiseman, Katie E. Woodruff, Diane
Y. Wray, Jeri N. Wright, Howard L. Yood, Oliver C. Young
Board Liaison: Bridget M. O’Connell
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C O M M I T T E E S 2009–2010
Practice & Procedure in
Surrogate’s Court
Committee
Chair: Catherine T. Wettlaufer
Jerome D. Adner, David H. Alexander, Lisa
J. Allen, Nicholas P. Amigone, III, Marie V.
Anderson, Thomas E. Andruschat, Mark S.
Aquino, Modesto A. Argenio, Melissa A. Bader, John C. Bailey,
Brian D. Baird, Deborah M. Barone, Noel E. Bartlo, Holly Adams
Beecher, Charles Beinhauer, David W. Beyer, James P. Bracken,
Stephen R. Brady, John G. Brenon, Jillian E. Brevorka, Peter J.
Brevorka, Charles Patrick Bridge, Phillip Brothman, Gordon M.
Brown, Marla DePan Brown, Wesley M. Brown, Hon. Paul G.
Buchanan, D. Jeffrey Buckley, Colleen Ennis Buonocore,
Dominic Paul Candino, Louise E. Carey, Edward J. Carland,
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PAGE 15
September 2009 | www.eriebar.org
Lost in (Techno) Space
continued from page 9
IA) have abandoned their plans to jam, because of not
only the federal statute’s clear prohibition of such
devices, but because of the FCC’s willingness to harness the power of its Enforcement Bureau to show the
world that it means business in this critical area of
public safety. Translation: big fines. Unlike many other
areas where the FCC has been less than vigilant about
enforcement, in the case of jamming, it has been swift
to take legal action, including the assessment of significant fines to offenders.
Contraband Wireless Use Inside
the Big House
Schools, however, are not the institutions which have
been hungriest to disconnect wireless devices. In fact,
prisons and detention facilities have been focal points
for enforcement because of the rampant problem of
contraband wireless use inside the big house. In an
effort to block the unauthorized wireless communications between inmates and the outside world, two entities recently applied to the FCC for permission to run
test jamming sessions. In both cases, the FCC was
quick to deny permission for such testing, let alone
implementation.
However, in early August, bills introduced earlier in
the year by two Texas legislators (Rep. Kevin Brady
and Sen. Kay Bailey Hutchinson) to modify this section
of the code to permit “targeted interference” within
prison facilities moved out of committee to both the
House and Senate. The bills (S. 251 and HR 560)
will allow federal, state and local correctional facilities
to petition the FCC for waivers of the jamming ban
within their specific facilities. It is anticipated that the
votes will take place in early fall (before Senate sponsor Hutchinson resigns to run for governor of Texas).
The bills have bipartisan support, largely because of
the severity of the problems created by inmates intimidating, masterminding, harassing, and otherwise
communicating with the outside world when they’re
ostensibly in “lock down.” There are those who argue
that another reason for the push for jamming in these
facilities is to force inmates to use the very expensive
(read: revenue generating) inmate landline phone systems which exist in correctional facilities, but the fact
remains that the concerns generated by the infiltration
of smuggled wireless devices into prisons are legitimate,
regardless of the motives of those who operate the facilities.
While recognizing that there is a legitimate threat to
public safety posed by inmate use of contraband wireless devices, jamming within correctional facilities (or
anywhere else for that matter), even for test purposes,
clearly violates the existing rules and remains forbidden. In addition, while jamming devices are available
on the Internet, it has been illegal for such equipment
to be sold for the past 10 years. I did a quick search
and discovered that while such devices are available, it
appears that the companies that are broadcasting
device availability are all located outside of the U.S.
The new legislation creates an arduous process for
those looking to lawfully jam signals. Not only will the
initial approval process be challenging, but there will
be frequent and systematic hurdles to be jumped in
order for the jammer to continue to operate within the
narrow boundaries that the new legislation has
allowed. But the bottom line remains that jamming
devices can block emergency signals including both E911 and other communications among and between
first responders and people in trouble. There is no
annoyance or inconvenience factor which outweighs
the absolute necessity for public safety officials to have
first priority.
[B]
PLEASE RECYCLE
YOUR BULLETINS
tax notes
By Gary D. Borek
Estimating Deductions:
The Cohan Rule Lives On
It has been almost 80 years since the Second Circuit
Court of Appeals rendered its decision in Cohan v.
Commissioner, 39 F.2d 540 (2nd Cir. 1930), holding
that the Board of Tax Appeals (the predecessor to the
United States Tax Court) was obligated to estimate the
amounts spent by a taxpayer for claimed travel and
entertainment expenses when there was evidence that
the expenses were incurred and some basis for computation of the estimate, even though the taxpayer did
not have receipts to prove the actual amount of the
expenses. The so-called Cohan rule has met with constant resistance by the Internal Revenue Service ever
since it was rendered. In 1962, the IRS successfully
lobbied Congress to essentially eliminate the Cohan
rule for travel and entertainment expenses. See Berkley
Mach. Works & Foundry Co. v. C. I. R., 623 F.2d 898
(4th Cir. 1980).
Recently, however, the IRS was reminded that the
Cohan rule is alive and kicking for claimed deductions
(and in this case credits) other than those associated
with travel and entertainment. In U.S. v. McFerrin, 0820377 (5th Cir. 6-9-2009), the court remanded for
consideration and application of the Cohan rule to
claimed credits for research and development expenditures. The IRS had been touting the trial court’s decision in U.S. v. McFerrin, Civil Action No. H-05-3730
(S.D. Tex. May 12, 2008) as a basis for summarily
denying claimed research and development credits
based on what the IRS identifies as “Prepackaged
Research and Development Claim Studies.” See IRS
Research Credit Claims Audit Techniques Guide
(3/27/2009).
The Cohan Case
George M. Cohan was a well known theatrical manager and producer in the early 1920s. In a case before
the Board of Tax Appeals concerning his income tax liabilities for the years 1921, 1922, and 1923, Cohan
claimed substantial deductions for entertainment and
travel expenses, but he did not keep records of the
claimed expenditures. At the trial before the Board of
Tax Appeals, he estimated that he had spent $55,000
over the three-year period for entertainment and travel related to his business.
The Board of Tax Appeals believed Mr. Cohan’s claim
that he had spent substantial sums on travel and entertainment related to his business. The Board, however,
refused to allow him any portion of the claimed deductions on the ground that it was impossible to tell how
much he had in fact spent in the absence of any records
detailing the claimed expenditures. The Second Circuit
found fault with the Board’s refusal because:
Absolute certainty in such matters is usually
impossible and is not necessary; the Board
should make as close an approximation as it
can, bearing heavily if it chooses upon the
taxpayer whose inexactitude is of his own
making. But to allow nothing at all appears
to us inconsistent with saying that something
was spent. True, we do not know how many
trips Cohan made, nor how large his entertainments were; yet there was obviously
some basis for computation, if necessary by
drawing upon the Board’s personal estimates
of the minimum of such expenses. The
amount may be trivial and unsatisfactory,
but there was basis for some allowance, and
it was wrong to refuse any, even though it
were the traveling expenses of a single trip. It
is not fatal that the result will inevitably be
speculative; many important decisions must
be such. We think that the Board was in error
as to this and must reconsider the evidence.
The Cohan decision caused a crescendo of claimed
expenses for travel and entertainment, culminating in
the decision by Congress to overrule Cohan for certain
items by enactment of IRC § 274(d):
SUBSTANTIATION REQUIRED.
—No deduction or credit shall be allowed –
(1) under section 162 or 212 for any
traveling expense (including meals and
lodging while away from home),
(2) for any item with respect to an activity which is of a type generally considered
to constitute entertainment, amusement,
or recreation, or with respect to a facility
used in connection with such an activity,
(3) for any expense for gifts, or
(4) with respect to any listed property (as
defined in section 280F(d)(4)),
unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer’s own statement (A)
the amount of such expense or other item,
(B) the time and place of the travel, entertainment, amusement, recreation, or use of
the facility or property, or the date and
description of the gift, (C) the business purpose of the expense or other item, and (D)
the business relationship to the taxpayer of
persons entertained, using the facility or
property, or receiving the gift.
The Cohan rule, however, is still applicable to other
claimed expenditures, as exemplified by the decision in
continued on page 16
PAGE 16
Tax Notes
continued from page 15
Aref v. Commissioner, TC Memo. 2009-118 (2009), in
which the court refused to allow a claim for automobile
expenses because of lack of required records under IRC
§274, but in turn estimated and allowed a deduction
for telephone expenses under the Cohan rule:
When a taxpayer establishes that he has
incurred deductible expenses but is unable to
substantiate the exact amounts, we can estimate the deductible amount, but only if the
taxpayer presents sufficient evidence to
establish a rational basis for making the estimate. See Cohan v. Commissioner 39 F.2d at
543-544; Vanicek v. Commissioner, 85 T.C.
at 742-743. In estimating the amounts
allowable, we bear heavily upon the taxpayer whose inexactitude is of his own making.
See Cohan v. Commissioner, id.
The McFerrin Case
At issue in U.S. v. McFerrin, 08-20377 (5th Cir. 6-92009), was the taxpayer’s claim of credits for research
www.eriebar.org | September 2009
and development expenditures (“R&D”). Over the past
decade, an ever increasing number of practitioners
have been helping taxpayers file amended returns to
claim credits for R&D expenditures which many of
those taxpayers did not even know they had incurred.
As the number of such claims grew, and the “pre-packaged” look of the claims increased (mostly because
practitioners were using well- publicized formats), the
IRS became suspicious of such claims. Eventually, the
IRS published a guide for its auditors to be used in
auditing what it described as “Prepackaged Research
and Development Claim Studies.” See IRS Research
Credit Claims Audit Techniques Guide (3/27/2009).
The basic feature of a refund claim based on a
“Research and Development Claim Study” is the estimation of wages and other expenses attributable to
identified research and development projects. The IRS
started to flatly refuse to accept any claims based on
such estimates, and was elated with the trial court’s
decision in United States v. McFerrin, Civil Action No.
H-05-3730 (S.D. Tex. May 12, 2008), which the IRS
described as holding that “the taxpayer’s research
credit study was “fundamentally flawed,” “unreliable”
and “entitled to no weight.” IRS Research Credit
Claims Audit Techniques Guide (3/27/2009).
The government’s victory was short-lived on the
taxpayer’s appeal to the Fifth Circuit, which overruled
and remanded the trial court:
The government next argues that even if
qualified research occurred, McFerrin failed
to provide adequate documentation to substantiate the costs associated with that
research. But this goes against the longstanding rule of Cohan v. Commissioner that
if a qualified expense occurred, the court
should estimate the allowable tax credit. 39
F.2d at 544. If McFerrin can show activities
that were “qualified research,” then the
court should estimate the expenses associated with those activities. The district court
need not credit McFerrin’s reconstruction of
expenses from years after the fact. See
Eustace v. Comm’r, 81 T.C.M. (CCH) 1370
(2001). But the court should look to testimony and other evidence, including the institutional knowledge of employees, in determining a fair estimate. See Fudim 67 T.C.M.
(CCH) 3011.
Conclusion
In a perfect world, taxpayers would have original
receipts for every deductible expense or claimed credit,
including not only the proof of payment but also proof
of the nature of the item. But such is simply not the
case. The Cohan rule, at least as far as it still applies,
recognizes that when there is sufficient evidence to
concludes that an expenditure was incurred, then the
trial court cannot simply refuse to allow a deduction
because the exact amount cannot be determined. On
the other hand, there must be some evidence from
which the court can derive an estimate of the amount
of the expenditure for the Cohan rule to be applicable.
The McFerrin decision should remind both the IRS
and the trial courts that the Cohan rule cannot be
summarily ignored. However, McFerrin does not prevent a trial court from disregarding non-credible evidence. Thus, if the trial court does not believe that the
submitted evidence is sufficient to establish that the
claimed expenditures, in whatever amount, were
incurred by the taxpayer, then the court can still deny
the claimed deductions or credits based on those
claimed expenditures. Moreover, the court is not obligated to believe evidence simply because it is uncontroverted. See, e.g., Fleischer v. C.I.R., 403 F.2d 403
(2nd Cir. 1968) and Quock Ting v. United States, 140
U.S. 417 (1891). So the best advice is to still retain
those receipts.
[B]
September 2009 | www.eriebar.org
“ Accept no one’s
definition of your life.
Define yourself.”
~ HARVEY FIERSTEIN
PAGE 17
PAGE 18
www.eriebar.org | September 2009
Western District
Case Notes
No Choice for Children
pending the outcome of PTO’s re-examination, finding
that (i) plaintiff’s contention that a stay would cause
undue prejudice to its business was not supported;
(ii) the potential advantages afforded by a stay –
including conservation of the resources of the court and
the litigants, simplification of the issues and further
analysis of the patent by PTO – outweighed any disadvantage; and (iii) discovery had only recently begun
and no Markman hearing or trial date had yet been
scheduled.
Many times, parents are the only people in the court proceeding who are able
to note their child’s dissatisfaction with
their lawyer. Oftentimes, the parent I represent will tell me how upset their child
becomes when talking to their lawyer and
that their child has told them that they do
not like their lawyer. The child may
express their dislike of their lawyer only to
their parents, and the parents may be the
only persons in a unique position to notice
that their child is uneasy, frustrated, or
unusually quiet during or after a meeting
with their lawyer. Children must be given
a valid means by which they can express
their dissatisfaction.
continued from page 11
continued from page 12
SUBJECT MATTER JURISDICTION
In Schober v. Praxair, Inc. (08-CV-469S, 4/30/09),
the court addressed whether the plaintiff’s medical
records, as submitted by the defendant, could be considered in determining whether the plaintiff’s claim
exceeded the jurisdictional minimum for purposes of
removal jurisdiction (given that the complaint, per
CPLR 3017(c), did not specify a monetary demand).
Further complicating the issue, the plaintiff had served
a statement of damages in response to the defendant’s
request for same, in which the plaintiff had stated that
he sought $74,000 in damages. The court found it
“debatable whether the pleadings are sufficiently
inconclusive to warrant this court’s reference to external evidence in the record,” but ultimately did not
decide this question because it found that the medical
records did not demonstrate that the plaintiff’s injuries
were “so severe so as to effectively render plaintiff’s
demand for $74,000 an understatement.”
In Columbus McKinnon Corp. v. SST Casting, Inc.
(08-CV-167(S), 6/2/09), plaintiff (a corporation headquartered here) commenced a declaratory judgment
action concerning the parties’ rights and obligations
under a contract. Two days later, defendants (affiliated
corporations headquartered in Ohio) commenced their
own lawsuit in an Ohio state court seeking damages
under the same contract, which the defendant in that
case (the plaintiff in the WDNY action) removed to the
Southern District of Ohio. The court denied defendants’ motion to dismiss the WDNY lawsuit. Although a
court can, in its discretion, decline to exercise jurisdiction over a first-filed declaratory judgment action if the
action constitutes an “improper anticipatory filing” or
was motivated solely by forum shopping, defendants
failed to demonstrate that their prior communications
with plaintiff, including a so-called notice letter, had
sufficiently notified plaintiff with “near certainty” that
a suit would be brought against it.
The court also denied defendants’ motion to transfer
the lawsuit to the Southern District of Ohio, pursuant
Client Satisfaction
mine if the wishes of the child were correctly expressed
by the lawyer, and that the child is satisfied with their
lawyer. The court meeting with a child could serve as a
means to protect the child’s rights and allow the court
to determine if the attorney for
the child has met the mandatory guidelines. This meeting
would also allow for an all“Children must
important opportunity for the
child to express his or her conbe given a
cerns with their representation.
This opportunity to speak
valid means by
directly with the court would
undoubtedly give a child more
which they can
control over their representation. Unlike adults, who must
express their
declare their comprehension of
the proceedings to the judge as
dissatisfaction.”
well as the sufficiency of their
representation, child-clients are
currently without a voice before
the court.
If courts made it a practice to have the child in court,
or have an in-camera interview, a court could deter-
to 28 U.S.C. §1404(a), because defendants failed to
show, by clear and convincing evidence, that the balance of factors relevant to transfer motions weighed in
favor of transfer. Although the plaintiff could more easily bear the costs of travel to the Southern District of
Ohio, the court found that the remaining factors – the
convenience of parties and witnesses, the locus of the
proof and operative facts, the availability of process to
compel unwilling witnesses, the familiarity of each
court with the governing law, the weight afforded
plaintiff’s choice of forum, judicial economy and the
interests of justice – were neutral or weighed against
transfer.
In Apace Communications Ltd. v. Burke (07-CV6151L, 6/19/09), the court, applying the rule that U.S.
citizens domiciled abroad are not considered citizens of
any state for purposes of diversity jurisdiction, granted
the moving defendant’s motion to dismiss for lack of
subject matter jurisdiction on the ground that defendant had become a “stateless” U.S. citizen prior to the
commencement of the lawsuit. The court held that the
defendant had established, by clear and convincing
evidence, that he had changed his domicile prior to
commencement of the lawsuit by accepting long-term
employment in the United Kingdom, moving there
with his wife, opening a bank account and leasing a
townhouse there, selling his New York house, cars and
other personal property, and resigning a position with
a New York charitable organization.
[B]
Frequency of Contact
Location and frequency of meetings are very important parts in representing a child. The current rules
only require an attorney for the child to meet with their
client once. In prolonged cases, it is likely that the
child’s position may change. The attorney for the child
will not know this if he does not stay in contact with his
client. This problem is exacerbated by the current system’s inadequacy in monitoring the attorney for the
child in order to ensure that standards are followed.
It is suggested that, to ensure compliance, the court
could inquire, at each appearance, what the attorney
for the child has accomplished since the previous court
appearance. The attorney should also be required to
report the frequency, duration and location of contacts
made with their client. A minimum number of meetings proportionate to court appearances between the
attorney for the child and the client should also be
mandated. It is suggested that the attorney for the
child be required to contact the child after each court
proceeding if age appropriate.
Age Standards
In our current system, the attorney for the child must
assume the role of judge in two senses: the attorney
must judge whether the child has the capacity to determine his interests, a psychological function in which
the attorney for the child is most likely neither trained
nor experienced, and secondly, the attorney for the
child must independently determine the best interests
of the child. These philosophical conundrums should
not be resolved by the attorney’s superimposition of his
or her own beliefs and values; this must be the realm
of the court.
Under the current rules, the attorney for the child is
the one who determines if their client lacks the capacity for knowing, voluntary and considered judgment.
There are mandatory age standards that tell us when a
person can drive, drink and join the military. Why
should there be no age standards in the representation
of children? The only age standard that comes to mind
is that a law guardian can be appointed only up to a
child’s 18th birthday. However, that same person can
receive child support until they are 21.
Implementing an age standard would divide the current ambiguity into two distinct categories between
which the law would automatically and consistently
assist the attorney for the child, instead of demanding
the attorney to subjectively judge whether to act as an
attorney or a guardian ad litem. Such a standard
would further the objective of uniform application of
due process.
Conclusion
The attorney for the child system as it exists is
flawed. The training and certification process is insufficient. Reform is needed, which requires the input of
judges, attorneys and experts. Minimum standards and
enforcement mechanisms must be implemented to
ensure sufficient competency. It is hoped that these few
suggestions will be considered to encourage reform,
and assist the attorney for the child.
[B]
PAGE 19
September 2009 | www.eriebar.org
Annual Golf Tournament
Benefits LSED
By Karen L. Nicolson, Executive Director
Legal Services for the Elderly, Disabled or Disadvantaged
On one of the few nice days all summer, the Bar
Association of Erie County and Legal Services for
the Elderly held their annual golf tournament on
June 29, 2009 at Brookfield Country Club. Under
blue skies and brilliant sunshine, the nearly sold-out
tournament provided a great day of camaraderie for
the bench and bar and netted slightly over $31,000
for Legal Services for the Elderly, Disabled or
Disadvantaged of WNY, Inc.
Hon. John F. O’Donnell and Hon. John A. Michalek are pictured
at the tournament with Robert McGuire and Jack Quinn.
Winners were: Sandy Clark, Ed Piwowarczyk,
Bob Maranto, and Tom Ansuini. Special thanks to
the following sponsors for their support of the event:
Diamond Sponsor ~ The M & T
Charitable Foundation
Silver Sponsors ~ Gibson, McAskill &
Crosby; Gurney, Becker & Bourne; Kenny,
Shelton, Liptak & Nowak, LLP; National
Fuel; Pfalzgraf, Beinhauer & Menzies; and
Phillips Lytle LLP
Hole-in-One Sponsor ~ Settlement
Professionals Incorporated
Administrative Judge Sharon S. Townsend participated
in the benefit, along with Nelson F. Zakia and Denis A.
Scinta.
Things You Need
to Know
A new case out of the New York Court of
Appeals strongly affirms the “Attorney
Approval Contingency” that is standard in all
BAEC contracts to sell real property. It
implies that if the buyer’s attorney disapproves the contract in “bad faith,” i.e. for no
good reason, the contract is a nullity. The
reasoning stated in Moran v. Erk, 11 N.Y.3d
452 (November 25, 2008) has the effect of
saying that without an attorney’s approval
(or the valid waiver of such an approval), the
realtors drawing the contracts are engaging
in the unauthorized practice of law.
[B]
Auction Sponsors ~ Jan Berg, John Brady,
Rent-A-Center and Walsh, Roberts & Grace
Pictured above at the Brookfield Country Club are, left to right,
Paul K. Isaac, Hon. Joseph R. Glownia, Michael P. Daumen and
Kurt T. Sajda.
“ The only kind of dignity which is
genuine is that which is not diminished
by the indifference of others.”
~ DAG HAMMARSKJOLD
PAGE 20
www.eriebar.org | September 2009
Law Line Educates
Public on Legal Issues
Since 1997, The Law Line has engaged the
minds of thoughtful western New Yorkers who
tune in to WNED-AM (970) at 10:00 a.m. 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.
Joel A. McMahon
Corporate Law and Commercial Real Estate
Glenn Edward Murray
Returning Reservists
LAW ALUMNI BOARD ~ Front row, left to right: Mark W. Warren, Thomas K. Frederick, assistant director Lisa M.
Mueller, vice dean for academic affairs James A. Gardner, executive director and vice dean Ilene R. Fleischmann,
Lawrence M. Ross, Hon. Craig D. Hannah, Hon. Barbara Howe, Hon. E. Jeannette Ogden and President Robert L.
Boreanaz. Second row, left to right: Hon. Leslie G. Foschio, Donald W. O’Brien Jr. and Sareer A. Fazili. Third row, left
to right: Anthony J. Colucci Jr., vice dean for administration James R. Newton and Ross M. Cellino Jr. Fourth row, left
to right: Laurie S. Bloom, Lisa J. Allen and Paula M. Ciprich. Fifth row, left to right (on stairs): Robert P. Heary,
Thomas P. Cunningham, Marc W. Brown, Lynn A. Clarke, Marion K. Henderson, Kevin D. Robinson, Tasha E. Moore,
Mark J. Stuhlmiller and Hon. Lenora B. Foote-Beavers. Sixth row, left to right (on stairs): Charles C. Swanekamp,
Richard F. DiGiacomo, Brian M. Melber, Terrence M. Gilbride, Brian D. Gwitt, Mary Penn and Margaret P. Gryko.
Law Alumni Association Elects Officers and Directors
Robert L. Boreanaz has been elected president of the
UB Law Alumni Association for 2009-2010. Boreanaz
is a senior partner in the law firm Lipsitz Green Scime
Cambria LLP, where he chairs the firm’s labor and
employment law department. He frequently represents
labor unions, benefit funds and employees, and lectures and prepares written publications on matters
including pension, education, training and welfare
funds, as well as labor union administration and other
issues.
Laurie S. Bloom of Nixon Peabody LLP, is the new
president-elect. Vice presidents are: Lisa J. Allen of
Harris Beach PLLC; Paul M. Ciprich of National Fuel
Gas Company; Richard F. DiGiacomo of Nesper,
Ferber & DiGiacomo, LLP; and Tasha E. Moore of the
New York State Division of Human Rights.
Treasurer is Hon. Craig D. Hannah of Buffalo City
Court; assistant treasurer is Hon. Lenora B. FooteBeavers of Erie County Family Court; secretary is
Marion K. Henderson, retired; and assistant secretary
is Mary Penn of Hogan Willig LLP.
Immediate past president is Hon. E. Jeannette
Ogden of Buffalo City Court. Ilene R. Fleischmann, UB
Law vice dean, continues as executive director. Lisa M.
Mueller, assistant dean, serves as assistant director.
New directors elected for terms ending in 2012 are:
Ross M. Cellino, Jr. of Cellino & Barnes PC; Thomas P.
Cunningham of Rupp, Baase, Pfalzgraf, Cunningham
& Coppola LLC; Thomas K. Frederick of M&T Bank;
Brian D. Gwitt of Damon Morey LLP; John J.
Jablonski of Goldberg Segalla LLP, Hon. Jack Quinn III
of the New York State Assembly; and Charles C.
Swanekamp of Jaeckle Fleischmann & Mugel LLP.
Continuing directors include: Marc W. Brown of
Phillips Lytle LLP; Terrence M. Gilbride of Hodgson
Russ LLP; James W. Grable, Jr. of Connors & Vilardo,
LLP; Robert P. Heary of Hiscock & Barclay LLP;
Pietra G. Lettieri of Harris Beach PLLC; Amy C.
Martoche of Connors & Vilardo, LLP; Gregory A.
Mattacola of The Mattacola Law Firm; Brian M. Melber
of Personius Melber LLP; Catherine E. Nagel of
Nuchereno & Nagel; Kevin D. Robinson of the United
States Attorney General’s Office; Mark J. Stuhlmiller of
Computer Task Group; and Lourdes M. Ventura of the
Office of New York State Senator Malcolm A. Smith.[B]
Richard D. Furlong
New Developments in Union
Organizing; Employee Free
Choice Act
Sophie Feal
Your Rights at the U.S.–Canada
Border
Frank T. Housh
Americans with Disabilities Act
Glenn Edward Murray
The Legal Hazards of Online
Social Networking
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 21
September 2009 | www.eriebar.org
Contributions to the Erie County Bar Foundation provide an excellent
vehicle for recognizing and honoring members of our profession.
Memorial gifts to the Foundation become a lasting tribute to the entire
legal profession, as funds are used exclusively to assist attorneys and
promote understanding of our legal system.
The Foundation gratefully acknowledges
the following contributions:
SAVE THE DATES
Annual Western District
Federal Court Dinner
Wednesday, October 21, 2009
Terry Hills Restaurant and Banquet Facility,
Batavia, New York
5:30 p.m. cash bar and hors d’oeuvres
7:00 p.m. dinner
Ticket Price: $40 per person
~~~
Don’t Miss the Fun at the
2009 Judicial Candidates
Luncheon
Tuesday, October 27 at noon
at the Hyatt.
Hon. Frank Caruso
will serve as roastmaster.
Watch this space and
your mail for further details.
In Celebration of their Wedding:
Melanie & Michael Weishaar
In Honor of Garry Graber:
Anonymous
In Honor of Richard N. Blewett,
Recipient of the 2009 Charles H.
Dougherty Civility Award:
Bob & Maryann Saccomando
Freedman
In Honor of the 50th Wedding
Anniversary of Frank & Andrea
Boccio:
Hon. Sharon & Bradlee Townsend
In Honor of Hon. Joseph Mintz:
Howard & Shirley Wilinsky
In Honor of the Attorneys who
have provided 50 and 25 years of
service to the Bar Association of
Erie County:
Jeffrey M. Freedman
In Honor of David Gerald Jay,
2009 Lawyer of the Year:
Bob & Maryann Saccomando
Freedman
In Honor of the Induction of
Richard S. Binko as President of
the New York State Trial Lawyers:
Hon. Sharon S. Townsend
In Memory of F. Bernard
Hamsher:
Lauren D. Rachlin
In Memory of Robert C. Schaus
(Father of Richard and Barbara
Schaus):
Bar Association of Erie County
Coleman Volgenau
Joel L. Daniels
Michael J. Flaherty
In Memory of Catherine Lee
Haslinger (Wife of John E.
Haslinger):
Frederick S. & Virginia R. Marty
Hiscock & Barclay, LLP
Hon. Salvatore R. & Mary Dee
Martoche
In Memory of Francis “Bud”
Pritchard:
Bar Association of Erie County
Joel L. Daniels
Philip H. Magner, Jr.
In Memory of Roberta “Robin”
Magavern (Wife of James L.
Magavern):
Lauren D. Rachlin
In Memory of Frank J. Elardo
(Father of Robert M. Elardo):
James N. Carlo
In Memory of Noreen Peradotto
(Mother of Hon. Erin M.
Peradotto):
David R. Pfalzgraf
Philp Celniker
Michael J. Flaherty
In Memory of Eugene Hiller
(Father of Kenneth Hiller):
Jeffrey Freedman & Barbara Hamilton
In Memory of George Weissman
(Father of Ellen Weissman):
Lauren D. Rachlin
In Memory of Albert “Al” Meyers
(Father of Cheryl Meyers-Buth):
Joel L. Daniels
Personius Melber LLP
In Memory of Hon. Thomas P.
McMahon:
Philip H. Magner, Jr.
In Memory of Salvatore F.
Giallombardo:
Lauren D. Rachlin
In Memory of Patrick Maxwell
(Husband of Suzanne M.
Maxwell):
Hon. Salvatore R. & Mary Dee
Martoche
In Memory of Jack Treger (Father
of Judith T. Shelton):
Jeffrey Freedman & Barbara
Hamilton
In Memory of Patrick Paladino
(Son of Carl P. Paladino):
Lauren D. Rachlin
In Memory of Beatrice W.
Connelly (Mother of Joseph R.
Connelly):
James N. Carlo
PAGE 22
www.eriebar.org | September 2009
Welcome
New Members
The Bar Association
of Erie County is pleased
to welcome the
following new members:
Thomas Anelli
David W. Bentivegna
John M. Cordon, Jr.
James A. Davis
Jill Z. Florkowski
Michael J. Garvey
Timothy J. Hennessy
David A. Heraty
David A. Hoffmann
Ramon D. Irizarry
W. Craig James
Lindsey A. Kasprzak
Lynn M. Kwon-Dzikiy
Arthur A. Marrapese
Bethany L. Mazur
Neha Mehra
Armen J. Nazarian
Frank Passafiume
Frederick J. Petersen, IV
James C. Schwegler
Jason A. Zwara
It’s great to belong to something this good.
PAGE 23
September 2009 | www.eriebar.org
Speaking Out
About the Law
SURROGATE’S COURT CONNECTION ~ Pictured above at a recent luncheon sponsored by the BAEC’s Practice & Procedure in
Surrogate’s Court Committee are, left to right, Hon. Eugene F. Pigott, Jr., Associate Judge of the Court of Appeals; Hon.
Barbara Howe, Erie County Surrogate Judge; Hon. Jonathan Lippman, Chief Judge of the State of New York, who was guest
speaker at the luncheon; Robert N. Convissar, BAEC president; Hon. Sharon S. Townsend, Administrative Judge for the Eighth
Judicial District; and Catherine T. Wettlaufer, who chairs the Practice & Procedure in Surrogate’s Court Committee.
The Bar Association wishes to thank the following members of the Speakers Bureau who
volunteered their time to help make particular
areas of the law more comprehensible to students and other lay people in western New York.
CancerAwarenessProgram
Charles W. Beinhauer
Wills & Estates
Catholic Charities
Wednesday, October 7, 2009
12:00 - 2:00 p.m. | Ceremonial Courtroom
92 Franklin Street | Buffalo, NY 14202
Lisa J. Allen
Wills & Estates
Catholic Charities
PLEASE JOIN US AS WE LEARN
HOW TO BUILD SOCIAL
Judy N. Cuzzacrea Wagner
Wills, Estates and Power of
Attorney
If you haven’t already done so, why not consider becoming a member of the Speakers
Bureau? Take the opportunity to share your
valuable insight on the legal topics of your
choice. Not only is speaking out about the law a
great community service, but it is also an effective practice-building technique. Call Susan
Kohlbacher at the Bar Association (852-8687
ext. 21) to sign up today!
AND EMOTIONAL SUPPORT
AS A COMPLEMENT TO MEDICAL CARE.
FACT
3out of 4
FAMILIES
WILL CARE FOR A
FRIEND OR LOVED
ONE WITH CANCER.
W I T H R E P R E S E N TAT I V E S F R O M :
American Cancer Society • Gilda’s Club of WNY
Roswell Park • Work/Life Assistance Program
and an Eighth Judicial District Cancer Survivor
BROUGHT TO YOU BY THE EIGHTH JUDICIAL DISTRICT
GENDER AND RACIAL FAIRNESS COMMITTEE
PAGE 24
www.eriebar.org | September 2009
Bench and Bar
CHAMPIONS
FOR JUSTICE
BASH
SPONSORED BY: ECBA Volunteer Lawyers Project, Inc. and
Legal Services for the Elderly, Disabled or Disadvantaged of WNY, Inc.
PRICING
S
UEST
AL G claimed
C
I
S
Ac
MU
d
nally
natio
ry an
a
Inter
&M
s
John Valkyrie
the
Thursday, October 29, 2009
6 to 9:30 p.m.
Rich’s Renaissance Atrium • One Robert Rich Way
Buffalo, New York
$85 per person
$150 per couple
$1,000 table sponsor
$3,500 gold sponsor
$2,500 silver sponsor
$1,500 bronze sponsor
$850 full page ad
$450 half page ad
$250 quarter page ad
FOOD • OPEN BAR • MUSIC • SILENT AUCTION • BASKET AUCTION
Name ___________________________________________ Business___________________________________
Full Address _________________________________________________________________________________
Phone _________________________ Fax _________________________ E-mail _________________________
Enclosed is my check or money order $ ______________ for________________________________________
____________________________________________________________________________________________
For more information on reservations contact Christine Biggie at 847-0662, ext. 317, or [email protected].
Please send check to:
Christine Biggie, ECBA Volunteer Lawyers Program
237 Main Street, Suite 1000
Buffalo, NY 14203
continued from page 3
Jillian E. Brevorka has joined
Peter J. Brevorka, P.C. Brevorka
received her J.D. from Wake Forest
University, where she received
awards from the American Bar
Association and the Bureau of
National Affairs for “excellence in the
Brevorka
study of labor law” and an
Excellence for the Future Award in Estate Planning
and Labor Law from the Center for Computer-Assisted
Legal Instruction. She is admitted to practice in New
York and North Carolina. Peter J. Brevorka, P.C.,
focuses on planning, administration, and litigation for
estates and trusts. With offices in Amherst and North
Carolina, the firm’s attorneys are licensed in New York,
North Carolina, and Florida.
Cheryl A. Aloi has joined
HoganWillig, where she will practice
in the firm’s matrimonial and family
law department. She is a graduate of
the University at Buffalo Law
School, where she was a publications
editor for the Buffalo Law Review.
Aloi
Aloi is also admitted to practice in
Florida and the District of Columbia.
Thomas F. Knab has joined the
Buffalo firm of Underberg & Kessler
LLP as a partner in the litigation
practice group. He will concentrate
his practice on commercial law and
litigation, and labor and employment
litigation. Knab was formerly a partKnab
ner with Hiscock & Barclay LLP. He
is a member of the board of directors of Neighborhood
Legal Services, Inc.
[B]
CHAMPIONS
FOR JUSTICE
“Speaking for those who are not heard”
BASH
Are You An Attorney
Struggling With
Depression?
If so, you’re definitely not alone. A recent
Johns Hopkins study of 108 occupations found
that lawyers topped the list of those who suffered
from depression. Attorneys were found to suffer
from depression at a rate of four times that of the
general population.
Depression is a treatable illness and the right
combination of medications and therapies can
significantly improve the quality of life for those
who suffer from it.
Help and support are just a phone call away.
The Buffalo Support Group for Lawyers with
Depression meets monthly to share stories and
fellowship. The group meets on the second and
fourth Friday of each month (except holidays). Meetings are held at Bar Headquarters, 438
Main Street, Sixth Floor, at 12:30 pm and lunch is
provided. There is no need to pre-register.
If you or a colleague are struggling with
depression, there is no need to suffer in silence.
For further information, visit www.lawyerswithdepression.com or contact Kelly Bainbridge at
628-4892. All calls are strictly confidential. We
invite you to join us and share your story.
PAGE 25
September 2009 | www.eriebar.org
Women’s Bar Marks 25th Anniversary, Installs Officers
The Western New York Chapter of the Women’s Bar
Association of the State of New York will hold a special
reception to commemorate its 25th anniversary in conjunction with its annual installation dinner and awards
ceremony on Thursday, September 24 at the
Embassy Suites at the Avant in Buffalo. Natalie A.
Grigg will be installed as the Chapter’s 25th president.
An attorney with Steven J. Baum, P.C., Grigg focuses
her practice on bankruptcy law.
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.
Other officers to be installed at the dinner include
president-elect and state director, Melissa Ann Foti;
secretary Sakina N. Riddell; treasurer Lisa Primerano;
state directors Elizabeth B. Harned, Molly L. Mallia,
Bridget M. O’Connell, Tammy L. Riddle and Monica
Wallace. Local directors include Elisha J. Burkart,
Elizabeth Kraengel, Anne E. Joynt, Sarah K. Ranni,
Jennifer R. Scharf, Deanne Tripi, and Amanda Warner.
Immediate past president is Mary Beth Priore.
Audrey Czesak, founder of Trinity Title & Abstract
and president of Everywoman Opportunity Center, will
receive the organization’s 2009-2010 M. Dolores
Denman Lady Justice Award. The President’s Award
will be presented to Annie Deck-Miller, managing editor and general manager of the Buffalo Law Journal.
She also serves as vice president of the Mount St. Mary
Academy board of trustees.
The event will begin with a cocktail reception at
5:30 p.m. Installation of officers and directors will take
place at 6:00 p.m., followed by dinner and the awards
ceremony at 7:00 p.m. After the awards ceremony, live
music will be provided by Party Express. The cost is
$75 for WBASNY members, $85 for non-members and
$650 for a table of 10. For more information, contact
installation dinner chair Melissa A. Foti at 853-3801 or
[email protected].
[B]
Embracing the Term “Wise Latina”
On Thursday, August 6, 2009, Judge Sonia Sotomayor was confirmed as the first Hispanic Supreme
Court Justice. During the days and weeks leading up to her confirmation, there was much talk about the
term “Wise Latina” used by Judge Sotomayor. A number of her opponents plucked the term out of a longer
quote in an attempt to depict her as biased. Although many conservatives used the term in an effort to
mock or label Judge Sotomayor as “almost racist,” the term “Wise Latina” struck a different chord within
the Hispanic community. The term gave clear shape to how Latinas view themselves and wish to be
viewed by others. The term “Wise Latina” has been embraced and worn as a badge of honor by all professional women who happen to be Latina.
~ Hon. Betty Calvo-Torres
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.
St. Thomas More Guild Inc.
An Organization for Lawyers
in the Diocese of Buffalo, New York
President
Directors
Laurie Styka Bloom
John J. Aman
Francis X. Carroll
Vice President
J. Patrick Lennon
Michael L. McCabe
Hon. Jeremiah J. McCarthy
Secretary
Paula Eade Newcomb
William H. Baaki
Timothy P. Noonan
Mary L. Slisz
Treasurer
David C. Mineo
SAVE
Vincent J. Sorrentino
Hon. Mary Oleszewski
Szczur
THE
DATE
A N N UA L R E D M A S S
September 17, 2009 • 12:05 p.m.
St. Joseph’s Cathedral
Judicial Remarks:
Hon. H. Kenneth Schroeder, Jr.
United States Magistrate Judge
United States District Court
Western District of New York
FOR FURTHER INFORMATION,
call Laurie Styka Bloom at 853-8100 or write to:
P.O. Box 35, Buffalo, New York 14201-0035
Pictured are (from left to right) Hon. Betty Calvo-Torres, Buffalo City Court [the only Latina Judge outside of NYC];
Hon. Lizbeth Gonzalez, NYC Civil Court, Bronx County; Julia Gonzalez, a rising senior at Columbia University and
aspiring attorney/judge; Hon. Betsy Barros, NYS Supreme Court, Kings County; Hon. Laura Visitacion-Lewis, NYS
Supreme Court, New York County; Hon. Analisa Torres, NYS Supreme Court, Bronx County.
PAGE 26
www.eriebar.org | September 2009
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, September 9, 2009
1:00 p.m. - 2:00 p.m.
Adelbert Moot CLE Center
438 Main St.
Buffalo, NY
The New Power of Attorney Law
(Noonday)
1.0 credit
$20 members and
non-members
Friday, September 11, 2009
9:00 a.m. - 12:00 p.m.
Hyatt Regency Buffalo
Two Fountain Plaza
Buffalo, NY
2009 Update on Civil Practice and Procedure
(Live Seminar)
3.0 credits
$60 members
$90 non-members
Tuesday, September 15, 2009
1:00 p.m. - 2:00 p.m.
Adelbert Moot CLE Center
438 Main St.
Buffalo, NY
A Roadmap to Reading a Financial Statement
(Noonday)
1.0 credit
$20 members and
non-members
Wednesday, September 16, 2009
1:00 p.m. - 2:00 p.m.
Adelbert Moot CLE Center
438 Main St.
Buffalo, NY
Investment Losses:
Does Your Client Have a Legal Claim?
(Noonday)
1.0 credit
$20 members and
non-members
Thursday, September 17, 2009
8:45 a.m. - 5:00 p.m.
Buffalo Club
388 Delaware Avenue
Buffalo, NY
Law Office Management: Money Matters
(Seminar)
*Cocktail Reception immediately following the seminar.
7.5 credits
$140 members
$170 non-members
Special thank you to the following sponsors: Cohen & Lombardo, P.C., Gibbons & Stadler, P.C.,
Nuchereno & Nagel, Palmer, Murphy & Tripi, Siegel, Kelleher & Kahn,
Watson, Bennett, Colligan, Johnson & Schechter and WestLaw
Friday, September 25, 2009
8:55 a.m. - 5:00 p.m.
Ceremonial Courtroom
92 Franklin Street
Buffalo, NY
The Art of Civil and Criminal Trial Advocacy
(Seminar)
15 credits
(total)
$160 members ($300 both days)
$180 non-members ($340 both days)
Saturday, September 26, 2009
8:55 a.m. - 5:00 p.m.
Ceremonial Courtroom
92 Franklin Street
Buffalo, NY
The Art of Civil and Criminal Trial Advocacy
(Seminar)
15 credits
(total)
$160 members ($300 both days)
$180 non-members ($340 both days)
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
Firm ______________________________________________________________________________________________________
Please register me for the following
Erie Institute of Law sponsored events:
Address
__________________________________________________________________________________________________
1. ________________________________________
2. ________________________________________
City ________________________________________________________ State ____________ Zip ________________________
3. ________________________________________
Phone ___________________________ Fax __________________________ E-mail
Cancellation Policy: If you are unable to attend a
seminar, for which you have already registered, call
Mary Kohlbacher at 852-8687 ext. 15. For a full
refund, notice of your cancellation must be received
before the date of the program. Registrants who are
pre-registered and fail to attend will receive course
materials in lieu of a refund.
Enclosed is my check in the amount of $ ____________________❐ Visa
__________________________________
❐ MC
Card Number ______________________________________________________________ Exp. Date ______________________
Cardholder Signature ________________________________________________________________________________________
PAGE 27
September 2009 | www.eriebar.org
LISTEN, LEARN & EARN!
In today’s competitive, fast-paced legal environment, effective time management is essential.
Take advantage of the Erie Institute of Law tape library and start earning your CLE credits when the time is convenient for you.
The Erie Institute of Law offers many of our most popular CLE seminars on compact disc, as well as on cassette tape and videotape.
All of our seminars are professionally edited and are accompanied by a full set of written course materials.
Among our most recent selections:
The Professional Face of Domestic Violence
Practicing Elder Law – Now That the Dust
of the D.R.A. Has Settled
Balancing Life and Law:
Strategies for Managing Stress
Product Code 2143
Product Code 2145
6.5 CLE credits: 5.5 Practice
Management/Professional Practice, 1.0 Skills
Presented on April 24, 2009
Available on Audiotape or CD
$120 BAEC members, $150 non-members
4.0 CLE credits: 1.0 Ethics, 3.0 Practice
Management/Professional Practice
Presented on May 1, 2009
Available on Audiotape, CD or DVD
$60 BAEC members, $90 non-members
This seminar provides an overview of the Elder Law
legal landscape three years after the enactment of the
D.R.A.The seminar consists of three-member panels
who provide overviews of the topic areas, followed by
round table discussions with questions and answers
for each session. The four three-member panels cover:
• Community-Based Programs such as CASA, longterm home health care, the TBI program and the
nursing home diversion program;
• Skilled Nursing Medicaid, including effective
planning tools;
• A Practical Case Study that explores a variety of
planning options in a nuts-and-bolts presentation; and
• Recent and Proposed Developments in the field of
Elder Law, including an in-depth analysis of the
new power of attorney, recent cases and proposed
and/or pending legislation.
Practicing law is stressful. Attorneys often neglect to
make managing stress a priority; this can present
serious consequences. Unmanaged stress can cause
or exacerbate many problems, among them burnout,
addiction and depression.This seminar explores
stress-related problems and provides strategies for
dealing with them.
To order, please send check payable to:
The Erie Institute of Law
438 Main Street, Sixth Floor
Buffalo, New York 14202
Brush Up Your Surrogate’s Practice:
A Review of Topics of Relevance
Be sure to include your name and address for mailing
purposes; add $5 shipping and handling for each
tape purchased. Tapes are mailed via UPS, no P.O.
boxes please. To order by phone using your Visa or
MasterCard, call Mary Kohlbacher at 852-8687.
4.5 CLE credits: 3.5 Practice
Management/Professional Practice, 1.0 Skills
Presented on May 13, 2009
Available on Audiotape or CD
Effective cross-examination in DWI cases requires
evaluation of factual and legal defenses. Topics
covered in presentation and handouts include:
• Cross-examining civilian witnesses
• Cross-examining arresting officers
• Cross-examining chemical test operators; and
• Cross-examining hostile witnesses.
If you haven’t received your copy of our most
recent CLE catalog, please call Mary Kohlbacher
at 852-8687.
Among the topics covered in this timely program are:
• Discovery Proceedings
• Estate Accountings
• Claims against Estates; and
• Right of Election/Family Exemption.
Product Code 2142
4.0 CLE credits: Practice Management/
Professional Practice
Presented on April 15, 2009
Available on Audiotape, CD or DVD
$75 BAEC members, $105 non-members
At the conclusion of the program, participants will
better understand the increasing incidence of
domestic violence through statistical review, cultural
barriers which may negate disclosure by a patient,
the psychological and clinical picture of the
perpetrator and the victim, NYS Law reporting
requirements, NYS Law medical record documentation,
and the legal resources and agencies available.You
will also be better able to screen for, or identify
victims of domestic violence.
Each seminar is priced as follows
(unless otherwise stated):
CD/Audiotape: $70 BAEC members,
$100 non-members
Product Code 2144
The Art of Cross-Examination in
DWI Cases
Product Code 2146
1.0 CLE credit: Skills
Presented on June 25, 2009
Available on Audiotape, CD or DVD
$20 BAEC members and non-members
Failure to perform effective cross-examination may
cause “disappointment, dissatisfaction and disaster”
for both client and counsel.
CLE Passbook Order Form
We’ve Got Your Ticket to Savings!
Please send me _____ seminar passbooks
(one book of six passes: $350)
How it Works
Passes are available in books of six for $350 ~ six seminars for the price of five. Attach a pass when you mail
your advance registration form, or bring the pass with
you when you register at the door. If you intend to use
the pass for a walk-in registration, please be sure to call
ahead and confirm the date, location and available
seating. The seminar pass will cover your registration in
full. Guaranteed.
Save money every time
you use a seminar pass.
Simply stated, the Bar Association of Erie County CLE
Passbooks give you the opportunity to attend highquality, convenient, half-day educational programs at a
bargain rate. One pass buys any half-day seminar for
only $58 ($12 off the regular seminar price). If you
want to minimize your CLE expenses and maximize
educational experiences for yourself or your firm, then
the CLE Passbook program is for you. The passbook
guarantees the reduced price of $58 for any half-day
seminar for the next two years, despite any fee increases during that time period.
The passes are completely transferable and can be
shared with other members of your firm, including staff
members and paralegals. If you are a sole practitioner,
you can share the passes with other practitioners.
Guidelines
Passbooks are valid for two years from the date of purchase and are not replaceable if lost. No cash refunds
are available for unused or expired passes. Each pass is
valid for admission to any half-day BAEC CLE seminar.
There is no limit to the number of passbooks an individual or firm can purchase, but all passes must be used
within two years from the date of purchase, or they
become void. If a scheduling conflict arises after you
have registered for a seminar, just inform our office 48
hours in advance of the program, and we will return
your pass for future use.
Total: $ _________________
Name: _________________________________________
Firm Name: ____________________________________
Address: _______________________________________
City: ___________________________________________
State: __________________ Zip: ___________________
Phone: _________________________________________
E-mail: _________________________________________
[ ] Check enclosed; Payable to the Erie Institute of
Law 438 Main Street, Sixth Floor, Buffalo, NY 14202
[ ] Visa
[ ] MasterCard
Credit Card #: __________________________________
Exp. Date: ______________
Signature:______________________________________
PAGE 28
www.eriebar.org | September 2009
In Memory and Tribute
September 11, 2001
“Without memory,
our existence would be barren and opaque,
like a prison cell into which no light penetrates;
like a tomb which rejects the living.
It is memory that will save humanity.”
~ Elie Wiesel, Nobel Peace Prize Winner
Holocaust Survivor
Photo by Glenn Edward Murray
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.
MONDAY 7
WEDNESDAY 16 (CONTINUED)
MONDAY 21
Office Closed for Labor Day Holiday
Appellate Practice Committee
12:15 p.m. - Bar Center, Brennan
Room
Marilyn A. Hochfield, Chair
Banking Law Committee
12:15 p.m. - Phillips Lytle LLP
Alexandra E.J. Townson, Chair
TUESDAY 8
SEPTEMBER 2009
TUESDAY 1
Labor Law Committee
12:15 p.m. - Sean P. Beiter, Chair
Real Property Law Committee
12:15 p.m. - Adelbert Moot CLE Center
W. Clark Trow, Chair
Matrimonial & Family Law Committee
12:15 p.m. - 25 Delaware Ave, 5th Floor
Catherine E. Nagel, Chair
WEDNESDAY 9
WEDNESDAY 2
Health Care Law Committee
12:15 p.m. - Lisa McDougall, Chair
International Law Committee
12:15 p.m. - Marc D. Hess, Chair
FRIDAY 11
Legal Nurse Consultants Committee
12:00 p.m. - Damon Morey LLP,
Avant Bldg, 200 Delaware Ave.
Cynthia E. Wojciechowski, Chair
Committee for the Disabled
12:15 p.m. - Jessica V. Murphy, Chair
Practice & Procedure in Family Court
Committee
12:15 p.m. - Family Court Building
Mindy L. Marranca, Chair
Committee to Assist Lawyers with
Depression
12:30 p.m. - Bar Center, Brennan Room
Daniel T. Lukasik, Chair
MONDAY 14
THURSDAY 3
Professional Ethics Committee
12:15 p.m. - Thomas S. Wiswall, Chair
Negligence Committee
12:15 p.m. - Adelbert Moot CLE Center
Arthur A. Herdzik, Chair
TUESDAY 15
Intellectual Property, Computer &
Entertainment Law Committee
12:15 p.m. - Ellen Swartz Simpson,
Chair
Unlawful Practice of Law Committee
12:15 p.m. - Bar Center, Arbitration
Room
Harry G. Meyer, Chair
Joint Meeting of the Criminal Law and
Federal Practice Committees
Rodney O. Personius, Criminal Law Chair
Timothy W. Hoover, Federal Practice
Chair
5:00 p.m. - Century Grille
THURSDAY 17
Committee on Veterans’ & Service
Members’ Legal Issues
12:15 p.m. - Michael C. Lancer, Chair
Municipal & School Law Committee
12:15 p.m. - Bar Center, Brennan Room
Herbert J. Glose, Chair
Elder Law Committee
12:15 p.m. - Aldebert Moot CLE Center
Charles Beinhauer, Chair
THURSDAY 24
Human Rights Committee
12:15 p.m. - Alan J. Bozer, Chair
Justice Courts Committee
12:15 p.m. - Bar Center, Brennan Room
Jeffrey F. Voelkl, Chair
MONDAY 28
Commercial & Bankruptcy Law
Committee
12:15 p.m. - Beth Ann Bivona, Chair
Corporation Law Committee
12:15 p.m. - Kevin R. Talbot, Chair
FRIDAY 18
WEDNESDAY 16
Young Lawyers Committee
12:15 p.m. - Pietra G. Lettieri, Chair
October Bulletin Deadline
TUESDAY 22
Practice & Procedure in Surrogate’s
Court Committee
12:15 p.m. - Bar Center, 12th Floor
Catherine T. Wettlaufer, Chair
FRIDAY 4
Erie County Bar Foundation
8:00 a.m. - Michael J. Flaherty,
President
Workers’ Compensation Committee
12:15 p.m. - Bar Center, Brennan Room
Philip Scaffidi, Chair
Environmental Law Committee
12:15 p.m. - Bar Center, Arbitration
Room
John T. Kolaga, Chair
Board of Directors
8:00 a.m. - Robert N. Convissar,
President
Lawyers with Depression Support Group
12:30 p.m. - Bar Center, Brennan Room
Daniel T. Lukasik, Chair
Cooperation with Accounting Profession
& Taxation Committee
12:15 p.m. - Raymond P. Reichert and
Gary M. Kanaley, Co-Chairs
Lawyers with Depression Support Group
12:30 p.m. - Bar Center, Brennan Room
Daniel T. Lukasik, Chair
Alternative Dispute Resolution Committee
12:15 p.m. - Patricia H. Potts, Chair
TUESDAY 29
Board of Directors
8:00 a.m. - Robert N. Convissar,
President
www.eriebar.org