June 2012 - Oneida County Bar Association

Elizabeth Snyder Fortino, President
258 Genesee St., Suite 302
Utica, NY 13502
Phone: (315) 724-4901
Fax: (315) 724-6010
diane@oneidacountybar.org
www.oneidacountybar.org
OFFICERS
Elizabeth Snyder Fortino
President
Joseph A. DeTraglia
First Vice President
Donald R. Gerace
Second Vice President
Paula J. Eannace
Secretary
Kenneth L. Bobrow
Treasurer
Peter M. Hobaica
Past President
DIRECTORS
Peter A. Karl, III
Dawn Catera Lupi
Gregory J. Amoroso
Joseph S. Deery, Jr.
Dean L. Gordon
Keith A. Eisenhut
Gregory A. Mattacola
Michele E. DeTraglia
David A. Bagley
Judges Honored with Portraits Unveiled
in the Oneida County Courthouse
Reprinted with permission from WKTV
Special portraits were unveiled Thursday in Oneida County
Court of judges who have served the county.
Some of those judges who were honored are still living,
while others have since passed on. Family members spoke
of their loved ones, who were being recognized, and
unveiled their portraits.
The New York State Bar and Oneida County Bar
Association honored five judges on Thursday.
“This day is truly a momentous day in the history of
Oneida County,” said NYS Supreme Court Justice
Bernadette T. Clark. “It’s unprecedented to unveil the
portraits of five judges who have had a combined service
to our community of 119 years.”
Honorables John Grow, Robert Julian, John Murad,
Anthony Shaheen, and John Walsh were all honored
at the unveiling.
For more photos from this event,
see our Facebook album >>
The OCBA shall:
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Maintain the honor and
dignity of the profession
of law;
Promote suitable reforms
and necessary improvements
in the law;
Facilitate the administration
of Justice;
Elevate the standards of
integrity, professional
competence, and courtesy
in the legal profession;
Cultivate and cherish the
spirit of friendship among the
members of the Association;
Foster other kindred purposes;
Cultivate the science of
jurisprudence;
Promote reform in the law;
Influence positively the quality
of life of the community;
Cultivate a spirit of good
fellowship among members.
IN THIS ISSUE:
President’s Message.......................... 2
Welcome Reception Thank You ........ 2
New Justices Welcomed .................... 2
OCC Re-dedication Ceremony .......... 3
Classifieds........................................... 5
OCBA Photo Composite .................... 5
Historical Column ............................ 6
Frequently Used Numbers ..............6
Member Spotlight ........................... 6
Blast from the Past .......................... 7
Apps for Lawyers ............................. 9
Pro Bono Corner ............................ 10
Attorneys’ Room ................................ 11
CLE Thanks ......................................... 11
In Memorium ..................................... 13
Upthegrove Memorial Ceremony .....13
Proposed Regulations ....................... 14
WBASNY Lecture and Lunch ............. 15
JUNE 2012
PRESIDENT’S MESSAGE
By Elizabeth Snyder Fortino, Esq.
Welcome Reception
Appreciation is Extended to:
Hello everyone!
What a fun month! We started off the month
with the Reverend Franklin J. Upthegrove Memorial Ceremony recognizing outstanding students for their service
in the community. Thanks to Mark Wolber for getting us involved
in this very important community event. Hon. Bernadette Clark
gave an outstanding speech to the honorees. On that same evening, we served beer at Saranac Thursday which was fantastic. We
finished off the CLE spring season with some really great programs
at MVCC, Radisson and Turning Stone. Thanks to Bartle Gorman’s
leadership we had a super Welcome Reception at the Radisson. We
have received wonderful feedback from that event. We then turned
our attention to the Unveiling of Portraits, and the Oneida County
Courthouse Re-Dedication. There are so many to thank for that
event being such a success, but most importantly, Hon. Bernadette
Clark, Hon. Anthony Picente, Jr., Paula Eannace, Frank Furno, and
Kenneth Bobrow. The weather was ideal and it was great to see this
event make the front page of the Observer Dispatch. Hope everyone has a relaxing summer. Hope to see you at upcoming summer
happy hours in Rome and in Utica. The golf outing is just around
the corner and George Murad, Hon. Louis Gigliotti, and Sean
Virkler have begun their planning for this event. As always, thanks
for your feedback and participation because that is what makes
OUR Association so strong! See you soon.
Ramon Aiello
Caitlin Bailey
Diane Davis
Reverend Paul J. Drobin
Elizabeth S. Fortino, Esq.
Bartle J. Gorman, Esq.
Colleen K. Hearn, Esq.
Hugh C. Humphreys, Esq.
Kathlene M. Loconti, Esq.
Ricardo J. Mauro, Esq.
Raymond A. Meier, Esq.
John P. Orilio, Esq.
Darryl Rahn
Senta B. Siuda, Esq.
New Justices Welcomed to the
Fold at Bar Association Luncheon
Reprinted with permission from WKTV
An old tradition was renewed on Tuesday in Oneida County. For the first time in
nearly three decades, the Oneida County Bar Association held a welcome reception
for incoming supreme court justices.
Justices Erin Gall and Patrick MacRae have been on the job now for about six months,
but a luncheon was held at the Radisson Hotel in the City of Utica on Tuesday to
officially welcome them to the fold. Beforehand there was a legal education session
covering local rules.
The event serves not only as a welcome, but also as way for local attorneys to interact
with the judges.
For more photos from this event,
see our Facebook album >>
page 2
ONEIDA COUNTY BAR ASSOCIATION
Bar News
Oneida County Courthouse
Re-dedication Ceremony
Reprinted with permission from the Observer Dispatch
It took 15 years and $25 million.
There’s order in the court now that renovations are complete at the
Oneida County Court House. “(The courthouse) is a living monument
to our collective commitment to the cause of justice,” county Executive
Anthony Picente said at a ceremony Thursday at the historic front of the
building on Elizabeth Street that was constructed in the early 1900s.
The building has undergone a complete overhaul, from its aging electrical
and heating systems to restoration of some of its historic details.
It served as the county’s main office building until the 1960s, when
government operations were moved to the present Oneida County
Office Building next door. Former state Supreme Court Justice Robert
Julian, who served from 2001 to 2008, spoke about the courthouse’s
historic significance and its link to the city’s illustrious past.
“It’s a spirit that cannot be duplicated by a new building,” he said. U.S.
Vice President James Schoolcraft Sherman, a Utica native, lay in state in
the courthouse when he died in 1912, Julian said. Many good lawyers,
judges and citizens contributed to the community through their work
in the courthouse, he added. The building, Julian and others said, is a
symbol of Utica’s hopes and dreams of a century ago.
Historic details
Julian, who spearheaded the push for proper historic renovations when
possible, said he got involved when there was a debate over the fate of an
original carved wooden judge’s bench in one of the courtrooms. In the end,
the bench stayed, and Harden Furniture of McConnellsville was commissioned to construct ones just like it for other courtrooms, Julian said. In
another instance, workers punched through a drop ceiling installed several
decades ago and found magnificent original coffered ceilings in some of the
courtrooms. Those also were restored.
Legislator Ed Welsh, R-Utica, said he believed it was right to restore the
building to its former glory. “It’s hard to put a price on historic buildings in
your community,” he said. “We didn’t just build a museum — it’s a building
that is still serving the public in the way it did a hundred years ago.”
Aging systems
The courthouse has been renovated several times in the past, but this work,
which started in 1997, was more thorough, said Mark Laramie, County
Deputy Public Works Commissioner. In previous renovations, none of the
building’s systems were overhauled, but this time, the electric, plumbing
and heating systems were addressed. So, when contractors punched through
walls, they found parts of the building’s early infrastructure intact. “The
original building was lit with natural gas,” he said. “All the natural gas
system was still in place.”
They left much of it alone and only removed parts when necessary, he
said. Workers also encountered old, fabric-wrapped wiring, and some
even older electrical connections, he said. Those did not constitute a fire
hazard, despite their age, he said.
For more photos from this event, see our Facebook album >>
page 3
JUNE 2012
Thank you:
Unveiling Portraits & Court
Re-Dedication Thank you list:
Honorable Bernadette T. Clark, J.S.C.
Hon. John W. Grow, J.S.C.
Hon. Robert F. Julian, Esq.
Hon. David A. Murad, J.S.C.
Hon. Anthony F. Shaheen, J.S.C.
Hon. Gerald J. Fiorini
Hon. Anthony J. Picente, Jr.
Ramon Aiello, Photographer
Kathleen Aiello, Supreme Court Chief Clerk
Gregory J. Amoroso, Esq.
Caitlin Bailey, OCBA Intern
Jennifer M. Besig, Esq.
Kenneth L. Bobrow, Esq.
Diane Davis, OCBA Executive Director
Carl Del Buono, Esq.
Julie Grow Denton, Esq.
Paula J. Eannace, Esq.
Elizabeth S. Fortino, Esq.
Frank J. Furno, Esq.
Donald Gerace, Esq.
Frank J. Giruzzi, Esq.
Lawrence W. Golden, Esq.
Bartle J. Gorman, Esq.
Peter M. Hobaica, Esq.
Patrick J. Marthage, Esq.
Ricardo J. Mauro, Esq., Photographer
Richard Pertz, Esq.
Darryl Rahn, Observer Dispatch Teen All-Star
Deborah Rose, Court Reporter
Gail N. Uebelhoer, Esq.
Jay G. Williams, III, Esq.
Anne Zielenski, Esq.
New York State Bar Association Trial Lawyers Section
Accurate Court Reporting
VC Rooms, LLC
Advantage Abstract
Regnier Interiors
Notre Dame Jr./ Sr. HS NJROTC
Holland Patent CS Music Dept., Nicole Sinacarco, Director
Anne B. Hartman, and Staff of Oneida County Print Shop
Dennis Davis, Oneida County DPW
Ed Bell, Mike Careau and Staff of Oneida County Maintenance
Vivian Veazy, Sheila Sears, Roberta Ayres
Docents from the Landmark Society of Greater Utica
Michael Bosak, Steve Grant, Paul Hage,Virginia Kelly
Philip Kernan and Jerry Showalter
page 4
For more photos from this event,
see our Facebook album >>
ONEIDA COUNTY BAR ASSOCIATION
Classifieds
LEGAL SECRETARY
Legal Secretary available for per diem assignments.
Contact Judy at 853-3780. Resume available upon
request and on file at the Bar Association office.
PARALEGAL AVAILABLE
Paralegal available after 5:00 p.m. for assignments.
Contact William A. True 798-5974. Resume on
file at the Bar Association office.
Utica Phoenix
SAVE MONEY ON LEGAL NOTICES
Choose the Utica Phoenix newspaper for your
legal notices. The Phoenix is published weekly in
Oneida County and is an official publication with
the USPS and is registered with the Library of
Congress. Call 797-2417 or email us @ uticaphoenix@gmail.com.
Change of Address
John J. Raspante, Esq.
Hotel Utica Executive Offices
102 Lafayette Street, Suite 203, Utica, NY 13502
Phone: 223-4122 Fax: 223-4142
Email: JR.ESQ1@yahoo.com
Bar News
OCBA Photo Composite
We are offering the opportunity for you to purchase
a 2012 Oneida County Bar Association Photo
Composite. This year, the composite will be
20 x 30, includes high quality framing with glass
and two color choices to choose from (on right).
You may order the 2012 Oneida County Bar
Association Photo Composite for your offices by
sending in the order form below. Deadline to order
is July 31, 2012.Your composite will be available at
the Bar Association office for you to pick up.
Payment must accompany order. Enclose a check
payable to: Oneida County Bar Association, 258
Genesee Street, Suite 302, Utica, NY 13502 or
you may call Diane at the Bar Association to pay
by credit card (315) 724-4901.
Black frame 20x30
The new Oneida County Bar Association photo
composite is now hanging in the Oneida County
Courthouse, 4th floor adjacent to the Clerk’s office.
ORDER NOW!
_____ Framed @ $190.00 each
Announcement
Getnick Livingston Atkinson &
Priore, LLP is excited to announce the launch
of www.getnicklivingston.com, their newly
designed website.
Welcome
RECENT NEW MEMBERS
Kathlene M. Loconti
Bradley M. Kowalczyk
NEWLY ADMITTED ATTORNEYS
William John Barry, II
Daniel Flynn
Cassandra Marie Godfrey
Elizabeth Marika Hersh
Jordan Scott McNamara
Color: ____ Black Frame ____ Mahogany Frame
Mahogany frame 20x30
Name: _________________________________________________________
Telephone: ______________________________________________________
Notice from Fifth District Administrative
Justice James C. Tormey
Reappointment of Family Court Support Magistrate Todd W. McIntyre
The evaluation and reappointment process for Support Magistrate Todd W.
McIntyre has begun. Justice Tormey has requested a survey of our Bar
Association to obtain comments from attorneys with respect to Mr.
McIntyre’s demeanor, communication skills, treatment of litigants, knowledge of
the law and reasonableness of decisions during his tenure as Support Magistrate.
Attorneys are invited to write Justice Tormey directly with their comments
at jtormey@courts.state.ny.us
The information provided will be kept strictly confidential with access
limited to the evaluation committee. Deadline is July 9, 2012.
page 5
JUNE 2012
LawyerS Assistance
Committee
If you feel you might have a problem
with alcohol or substance abuse, or you
have a colleague who is in need, or if you
are just curious, call the Oneida County
Bar Association’s Lawyers Assistance
Committee, Tim Foley 369-3544 or
724-4901 or Patricia Spataro of the New
York State Bar Committee, 800/255-0569.
All calls are strictly confidential
guaranteed by §499 of the Judiciary Law.
Click here for the Calendar Of Events
on Page 16
BOARD MEETING DATES
12:15 pm at The
Fort Schuyler Club
September 4
October 2
November 6
December 4
Frequently Used
Telephone Numbers
District Attorney’s Office ................... 798-5766
Public Defender’s Office-Criminal .... 798-5870
Public Defender Office-Civil ............. 266-6100
U.S. District Court Clerk’s Office ...... 793-8151
Fourth Department .................... ( 585) 530-3100
OCA Attorney Registration ....... (212) 428-2800
Lawyers Assistance ................... (800) 255-0569
NYS Bar Association ................ ( 518) 463-3200
Supreme Court Clerk .......................... 266-4200
Oneida County Court Clerk ................ 266-4234
Utica City Court Clerk ........................ 266-4600
Rome City Court Clerk ....................... 337-6440
Oneida County Clerk .......................... 798-5794
NYS Attorney General ........................ 793-2225
Oneida County Attorney ......................798-5910
Oneida County Law Library ............... 266-4570
page 6
Historical Column
WARD HUNT 1810-1886
By Hon. John J.Walsh
Ward Hunt, an Associate of Justice of the Supreme Court of the
United States (1873-1882), was born in Utica on June 14, 1810,
son of Montgomery Hunt who came to the little village in 1809 to
organize a branch of the Manhattan Bank of New York.
He attended Oxford Academy and graduated from Union College
in 1828. After attending law lectures with Judge Gould at Litchfield, Connecticut, he returned to Utica and continued his studies
Hiram Denio and was admitted to the Bar in 1831. He entered
into partnership with Judge Denio and became actively engaged
in politics as a Democrat, being elected Assemblyman in 1838 and
Mayor of Utica in 1844.
The issue of slavery caused Hunt to sever his ties with the Democratic Party and from an
alliance with fellow Utican Roscoe Conkling, who was to become the head of the Republican
Party in New York and to whom Hunt was to owe his appointment of the Supreme Court.
Hunt in 1865 was elected to the New York Court of Appeals as the successor to his old
partner Judge Denio and became its chief judge in 1868. When the court was reconstructed under a constitutional amendment, he continued as a commissioner of appeal to
complete the cases pending before the old court.
When a vacancy occurred in the Supreme Court bench in 1872, his old mentor Senator Roscoe
Conkling prevailed on President Grant to appoint Hunt. The Senate confirmed his nomination by voice vote on December 3, 1872 and the nominee took his seat on January 9, 1873.
After only six years service, he suffered a paralytic stroke in 1879. The paralysis affected his
speech but not his mental faculties and he was unable to perform any further service to
the Court. At the 1880 term of the Court, three of the nine Justices were incapacitated.
In addition to Hunt, Justice Clifford suffered a stroke in 1880 and Justice Swayne’s mental
capacity had deteriorated.
Justice Hunt declined to resign because under the law at the time, he was not eligible for
a pension because he had not yet reached the age of 70 and served on the Court for ten
years. With the Court in danger of being bogged down by his illness and the increasing age
of several other Justices, Congress passed a special statute granting him retirement at full
salary if he would resign within thirty days. He resigned the same day that the law became
effective and died in Washington March 24, 1886. His funeral was conducted in Grace
Church in Utica on March 28, 1886.
Member Spotlight
Jennifer M. besig, ESQ.
Year of admission: 2005
Where do you currently work?
Helmer Johnson Misiaszek & Kenealy
Where is your hometown? Newport, NY
Where did you go to Law school?
Albany Law School of Union University
Where did you go to Undergrad? St. John Fisher College
Why I joined the Bar Association? As a way to get to know
more of my colleagues.
ONEIDA COUNTY BAR ASSOCIATION
for Happy Hour at
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i
:
Jo
Bar News
Thank You!
To all of the volunteers
for our Saranac Thursday Night!
We shared Station 2 with the Masonic Care Community
and lots of fun was had by all!
6801 Golf Course Road
Rome, NY
Thursday, July 12th, 2012
5:00 pm-7:00 pm
Cash Bar
Chairperson: Nichole Hinman
Robert Barrowman
Michael Callan
Jason Flemma
Aileen Gaffney
Jennifer Logue
Nick Passalacqua
Sean Virkler
Jennifer Besig
Herb Cully
Philip Fortino
Ed Kaminski
Kevin Ludlow
Jeff Reale
IT WAS
A GREAT
COMMUNITY
EVENT!!!!
Blast From the Past
1
Answers on page 9
page 7
JUNE 2012
Join the Bar
for Cans, Clams
and Acoustic
at the Celtic Harp
Varick Street, Utica
Friday, July 27, 2012 • 5-7pm
New Lawyer Chairpersons
Jennifer Logue and Chelsea Selby
Visit their website
Company, Inc.
258 Genesee Street, Suite 309
Utica, New York 13502
(315) 732-0324 · (315) 732-1451 Fax
Contact: Chad Davis or Dennis Zogby
for all your Abstract and Title Insurance needs.
“We promise competent and efficient service.”
Email: advantageabs@aol.com
Offices located in Oneida, Herkimer & Otsego County
page 8
Visit their website
ONEIDA COUNTY BAR ASSOCIATION
Bar News
Visit their website
Apps for Lawyers
APP OF THE MONTH
$9.99, iTunes
This app is a handy time-keeping app that is perfect for
lawyers who often work out-of-pocket. The app allows
users to track time by start, stop, and/or by duration, keep
multiple running timers, organize time records by client,
and track expenses.
Know of a good app? Send an
email to ocbapresident@gmail.com
and let us know about it!
Visit their website
DUES RENEWAL – 2012!! INTERESTING LINKS
Have you paid your 2012 dues?
You can pay by check or credit
card. Call Diane at 724-4901.
Judicial Peach A Lawyer’s Recipe Page
www.judicialpeach.com
Have a great recipe? Share it with
us at ocbapresident@gmail.com
Answers to Dictum:
NYSBA Legislation Watch
OCBA mission is to promote reform
in the law Visit the site >>
Settle, Propose,
Mistrial, Honorary
Answer: “Promissory Notes”
TIME MASTER + BILLING
page 9
JUNE 2012
Pro Bono Corner
THE CONSUMER BANKRUPTCY
LAW PROJECT
The Consumer Bankruptcy Law Project is a cooperative effort
between the Legal Society of Mid-New York, Inc. and Colgate
University’s Upstate Institute to increase bankruptcy representation
to low-income residents of Herkimer, Madison, and Oneida counties in
Central, NY. It is funded by the Upstate Institute at Colgate University and the New York Bar Foundation.
Every semester six to 10 students are extensively trained by project
attorney Susan Conn in bankruptcy laws and ethics. After completing the course portion of the project, students work with individuals facing significant debt from the loss of job, medical costs, or the
actions of an abusive ex-spouse, assisting the low income clients in the
compilation of their initial Chapter 7 bankruptcy paperwork. The
Legal Aid Society of Mid-New York send the students’ drafts along
with all documentation to pro bono attorneys who have volunteered
to represent the clients in bankruptcy court. To date, the project and 11 pro bono attorneys have assisted nearly
30 clients in receiving discharges and gaining a fresh start on life. The
project, funded by grants and donations, teaches students interested
in law about bankruptcy policy, credit, and debt through workshops,
readings, and hands-on experience, while building the capacity of the
Legal Aid Society of Mid-New York to refer consumer bankruptcy
cases to the volunteer Bar.
Pictured from left to right: LASMNY Board Member Donald Snyder, Esq; Michael Getnick, Esq.,
New York State Bar Foundation Board Member; Paul Lupia, Esq., Executive Director of the Legal
Aid Society of Mid-New York, Inc.; and LASMNY Board Member Lawrence Golden, Esq.
The New York Bar Foundation in February of 2012 awarded the
project its second grant which includes the completion of a webbased operations manual and program website. During the 2012/2013
academic year the Project plans to take these materials “on the road”
making presentations to bar associations providing attendees with a
model for replicating the project, particularly in rural areas that may
have colleges, but no law schools nearby. Visit the website.
The Legal Aid Society of Mid-New York is grateful to the volunteer
attorneys for their donation of time in assisting low income debtors.
Please consider joining the project by contacting Renee Kolwaite at
(315) 793-7061 or rkolwaite@wnylc.com.
Visit the Legal Aid Society of Mid New York’s website
for ways you can volunteer to do pro bono
To download the Northern District of New York
Pro Se Program brochure - visit this link
Lawyers Fund for Client Protection annual report
Oneida County Bar Association
End of Summer Golf Outing
Friday, September 7, 2012
Stonebridge Golf and Country Club
2430 Graffenburg Road, New Hartford
Co-chairs: George C. Murad, Esq.,
Hon. Louis P. Gigliotti, Sean Virkler, Esq.
Mark your calendars!!! Further details to be announced.
page 10
ONEIDA COUNTY BAR ASSOCIATION
Bar News
Attorneys’
Room
We are still accepting donations to finalize our room –
please contact Diane at the Bar office 724-4901.
Wish list: Floor lamps, drapes, rugs, additional seating, etc.
Visit their website
A Note of Thanks
Thank you to all of our participants for a great
Spring Season of CLE Classes:
Thomas L. Atkinson, Esq.
David Ayoub, CPA
Christine Barry Support Magistrate
Louis T. Brindisi, Esq.
Charles N. Brown, Esq.
Elizabeth M. Cesari, Esq.
Daniel S. Cohen, Esq.
Mark Craig Curley, Esq.
George E. Curtis, Esq.
Hon. Ralph J. Eannace, Jr.
Jonathan I. Ezor, Esq.
Timothy D. Foley, Esq
Elizabeth S. Fortino, Esq.
Leonard E. Gerber, CPA
Anthony P. Gigliotti, Esq.
Dean L. Gordon, Esq.
Colleen Hearn, Esq.
Linda A. Hughes, Esq.
Professor Michael J. Hutter
Peter A. Karl, III, Attorney-CPA
Burton N. Lipshie, Esq.
Stephen L. Lockwood, Esq.
Frank J. Nebush, Jr., Esq.
Ted Orlin, Esq.
J. Kevin O’Shea, Esq.
Margaret M. Peterson, Esq.
Michael G. Putter, Esq.
Richard W. Rich, Jr., Esq.
David L. Reed, Esq.
Hon. Joan E. Shkane
Senta B. Siuda, Esq.
Gail N. Uebelhoer, Esq.
Kara E. Wilson, Esq.
Mark A. Wolber, Esq. Chair
David J. Zumpano, Esq.
Stay tuned for our Fall
season of classes!
Thank you to:
Company, Inc.
258 Genesee Street, Suite 309
Utica, New York 13502
(315) 732-0324 · (315) 732-1451 Fax
Regnier Interiors
Contact: Chad Davis or Dennis Zogby
for all your Abstract and Title Insurance needs.
Frank J. Giruzzi,
Esq.
“We promise competent and efficient service.”
Email: advantageabs@aol.com
Offices located in Oneida, Herkimer & Otsego County
page 11
JUNE 2012
A superior valuation can be the
difference between gain or loss,
Michael G. D’Avirro, CPA, CVA
success or failure…
Rick A. Tidd, CPA/ABV/CGMA, CVA, CFF, CITP
David G. Herring, CPA/CGMA, CVA, CFF
Patricia L. Mills, CPA, CVA
Family Law and Marital Dissolution
Valuation of Closely held Firms
Mergers & Acquisitions
Bankruptcy & Reorganization
Expert Witness Testimony
Shareholder/Partner Disputes
ESOPs
Estate and Gift Valuations
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Visit their website
Is giving through The Community Foundation
of Herkimer & Oneida Counties right for your
clients?
1.
2.
3.
4.
5.
6.
7.
Do I have clients who care deeply about the local
community?
Do they give to more than one charitable cause?
Are they interested in creating a personal or
family legacy in the community?
Are they considering the creation of a private
foundation, but concerned about cost and
administrative complexity?
Would they like to stay personally involved in
the use of their gift dollars?
Do they want to receive maximum tax benefit for
their charitable contributions under federal law?
Do they place a priority on sound financial
management of their contributions?
If you answered yes to any
of these questions, your
clients would benefit from
knowing more about our local
community foundation. We’d
be happy to help you make an
introduction.
The Community Foundation of
Herkimer & Oneida Counties, Inc.
1222 State Street . Utica, NY . 13502
(315) 735-8212 . www.foundationhoc.org
page 12
Visit their website
Oneida County Courthouse
Before and After Photos
Photos courtesy of:
ONEIDA COUNTY BAR ASSOCIATION
In Memorium
Honorable John W. “Jack” Bergin
Reprinted with permission from the Observer Dispatch
Honorable John W. “Jack” Bergin, Sr., 90, of Ilion, NY, Old Forge, NY, and
Estero, FL, passed away, peacefully, May 27, 2012, in Bassett Healthcare Center,
Cooperstown, with his loving family by his side.
Bar News
Reverend
Franklin J. Upthegrove
Memorial Ceremony
Judge Bergin was born November 4, 1921, in the Town of Columbia, the son of
the late John E. and Katherine Fleutcher Bergin. He was a graduate of Mohawk
High School, received his Bachelor of Arts Degree from Cornell University and
his Degree of Juris Doctor from Albany Law School. Judge Bergin served in the
United States Navy and graduated from Midshipman’s School at the University of Notre Dame. He served in the Amphibious Corps and was honorably
discharged in 1944 with the rank of Lieutenant, J.G. On August 23, 1952, Judge
Bergin married the former Doris Kennerknecht. This year they would have
celebrated 60 years of marriage.
Judge Bergin was admitted to the New York State Bar in 1950. He established
his offices in Ilion, where he practiced as an attorney from 1950 to 1978. Judge
Bergin was the German Flatts Town Justice from 1955 to 1966, Schuyler Town
Attorney from 1961 to 1966, Ilion Village Attorney from 1962 to 1966 and
in 1966 served as Delegate to the New York State Constitutional Convention.
In 1978, Judge Bergin was elected to the Herkimer County Court Judge and
Surrogate Judge where he proudly presided until his retirement in 1991. During
this time, he also acted as Supreme Court Judge and Family Court Judge.
Judge Bergin was a very dedicated and active member in his community, where
he was a member of many organizations, including member of the Herkimer
County Bar Association, the New York State Bar Association, the New York
State County Judges Association, serving as the President from 89-90 and its
Executive Committee for many years, and the Surrogates of the State of New
York. He also served as the Chairman of the Herkimer County Republican
Committee from 64-78. Judge Bergin was a Past Commander of the CrowleyBarnum Mohawk Legion Post, a Past Commander of the Herkimer County
American Legion Post, member of the Ilion Knights of Columbus and member
of the B.P.O.E., Ilion Lodge #1444, where he was the longest current member
with over 60 years of dedication.
In 1985, he received the Distinguished Citizen Award from the General Herkimer Council, Boy Scouts of America. He served three years as President and
many years as a member of the Executive Board of General Herkimer Council,
Boy Scouts of America. He also was the recipient of the Silver Beaver, Scouting’s highest council award. Judge Bergin was an avid golfer and tennis player in
which he had the same foursome for 30 plus years. He was a longtime member
of the Mohawk Valley Country Club and also a member of Thundera Golf Club,
Old Forge, and Wildcat Run Country Club, Estero, FL. Judge Bergin’s greatest
love was his being proud of his grandsons.
On May 24, 2012 at Martin Luther King
Dream Park, The Oneida County Bar
Association recognized area youth for
their community service as a part of the
Reverend Franklin J. Upthegrove Memorial
Ceremony.
Reverend Upthegrove was known for his
service to the inner city of Utica and was
pastor of the St. Paul’s Baptist Church in
Utica, New York for 28 years.
The Honorable Bernadette T. Clark, J.S.C.
delivered the inspirational remarks. The
awards were presented by Mark Wolber, Esq.
and Elizabeth Fortino, Esq. This year’s
honorees were: Eric Halliday, Anne Chevrette,
Gabriella Morreale, Bob Willie Kweh, and
Rahzab Petashvili.
Matthew Worth, Esq. and the Honorable
James Griffith were also in attendance.
He is survived by his loving wife, Doris; his son, Jack W. and his wife, Karen
Bergin, Jr., and his daughter, Mary Patricia Bergin-Finn; his cherished grandsons,
Patrick Bergin and twins, Michael and Steven Bergin; his sister, Bernice Hennessey; his sister-in-law, Connie Bergin, Arlene McNally, Joan Kelly and Irene
Seidler; and several nieces, nephews, great-nieces and great-nephews. He was
predeceased by his brother, Robert Bergin, and his sisters, Shirley Goodman,
Patricia Ann Murphy, Mellie Petrie, Eleanor Helmer and Martha Bergin.
page 13
JUNE 2012
Proposed New York Regulations Limit
Executive Compensation and Administrative
Expenses for Certain State Funded
Service Providers
On May 16, 2012, Governor Andrew Cuomo announced the
issuance of proposed regulations by thirteen New York State
(“State”) agencies that would impose significant executive compensation and administrative expense spending limits on not-forprofit and for-profit entities (as well as certain individuals) that receive specified levels of State funds or State-authorized payments
of funds (collectively, “State Funds”). These proposed regulations
(“Proposed Regulations”) are scheduled to take effect on January
1, 2013, and implement Executive Order 38 that was issued by
Governor Cuomo on January 18, 2012 (that Executive Order is
summarized in our February 2012 Exempt Organizations Action
Memo). The Proposed Regulations generally are the same for the
thirteen state agencies, except for minor modifications that apply
with respect to a particular agency.
HELPFUL LINKS:
Executive Order 38
Governor Cuomo’s Press Release regarding Executive Order 38
Governor Cuomo’s Press Release regarding
the Proposed Regulations
An example of the Proposed Regulations
Help Leave a Legacy with Impact
A bequest to the Masonic Medical Research Laboratory (MMRL)
will create an invaluable and lasting legacy that will be international
in scope and benefit. In recent years, the MMRL has become an
international center for genetic screening of cardiac arrhythmia
diseases, especially those contributing to sudden death syndromes,
including sudden infant death syndrome (SIDS). The MMRL is
blazing new trails in the development of safe and effective drugs for
atrial fibrillation, addressing one of the greatest unmet medical
needs facing our society. With its recent inauguration of a Stem
Cell Center, the MMRL is making rapid progress in the creation of
human models of disease focused on development of innovative
therapies and cures.
Our ability to accelerate discovery and bring to fruition the promise
of medical research depends on the generosity of benefactors
interested in leaving a lasting legacy that will benefit family, friends
and the generations to come.
To plan a gift or bequest contact
Ronald P. Kamp, Director of Development
Cardiac Research Institute at MMRL
2150 Bleecker Street x Utica, NY 13501-1787
1-888-888-6675 x Development@mmrl.edu
www.mmrl.edu
Federal Tax ID Number 13-5648611
Action Memo - Employee Benefits
Visit their website
Oneida
County
Courthouse
Photos courtesy of:
page 14
ONEIDA COUNTY BAR ASSOCIATION
258 Genesee St., Suite 302
Utica, NY 13502
Phone: (315) 724-4901
Fax: (315) 724-6010
diane@oneidacountybar.org
www.oneidacountybar.org
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Calendar of Events
Mark Your Calendars!
July 12, 2012, Thurs Happy Hour at Teugega Country Club
July 27, 2012, Fri Happy Hour at Celtic Harp
August 11, 2012, Sat WBASNY event with Justice Ginsburg
September 7, 2012, Fri End of Summer Golf Outing
October 1, 2012, Mon Annual Red Mass
October 21-27, 2012 National Pro Bono Celebration
December 11, 2012, Tues OCBA Annual Holiday Party
Bar News is published monthly by the
Oneida County Bar Association
Diane M. Davis, Editor
We welcome the submission of articles, announcements or topics of general interest to
the membership.The OCBA may edit as needed. Any suggestions, criticisms or
encouragement are also eagerly solicited and gladly received.Address all communications to:
Oneida County Bar Association
258 Genesee Street, Suite 302, Utica, NY 13502
Email: diane@oneidaountybar.org
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If an advertiser signs on for the year, one month would
be free. Circulation includes approximately 450 law
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