01-12_Barrister_Oct-Nov_2014 low

Transcription

THE
OFFICIAL
PUBLICATION
OF
THE
BROOKLYN
BAR
ASSOCIATION
BROOKLYN BARRISTER
©2014 Brooklyn Bar Association
VOL. 66 NO. 12
October/November 2014
This is the Winter 2014 issue.
Contained herein, and in conjunction
with our website www.brooklynbar.org
is the list of Committees and Section.
If you would like to contribute an
article to a future edition of the
Brooklyn Barrister please contact
Anthony J. Lamberti, Editor-in-Chief
at ajlesq@alamberti.com.
A Bill Becomes
A Law: Referee
Protection Act
By: Steven D. Cohn, Esq.
Beginning about three years ago,
Court appointed referees—most of whom
are trusted attorneys and retired judges
began receiving dunning statements from
the New York City Department of Finance for deeds that were filed two,
sometimes three years before indicating
that the referee was personally responsible for interest and penalties on the late
filed deed.
A referee receives a statutory fee of five
hundred ($500,00) dollars to sign the deed
as the grantor/ referee. The city was sending
statements to many referees for $700.00 to
$3,200.00 for interest and penalties.
Many letters were written to the Commissioner of Finance David Frankel and
Corporation Counsel Michael Cardozo.
When this issue had come up during past
administrations, the City immediately understood and rescinded these notices.
However, under the Bloomberg administration they were going full speed ahead
against the referees.
I immediately went to the NYC Department of Finance Office at 345 Adams
Street, and although they were understanding, said nothing could be done.
However, after the many threats of lawPlease turn to page 7
Online Marketing Ethics
By: Andrew Cabasso, Esq.
An attorney approached the judge on her
case and requested a continuance so she
could attend a relative’s funeral. Sympathetic to her plight, the judge complied. Unfortunately for the lawyer, she made a stupid mistake: she forgot that she was Facebook
friends with the judge. When the judge
checked her news feed she found photos of
the lawyer, not grieving over a loved one, but
rather laying out on the beach.
Given how pervasive the Internet is in our
daily lives, we can easily forget the ethical
obligations we must consider as lawyers
with regard to our online presence. Whether
we are posting updates on Facebook, emailing clients, or blogging about topics in our
practice areas, there are ethical considerations that must be taken into account.
Your website is considered an advertisement, just like a radio or TV spot, but it may
require more than the traditional “Attorney
Advertising” disclaimers. If your website: a)
contains any expectation about the results
your client can expect; b) compares your
services with those of other lawyers; c) features client testimonials; or d) contains state-
ments describing or characterizing the quality of your services (which your site should),
you need a disclaimer that reads “Prior results do not guarantee a similar outcome.”
You may want to put this disclaimer on the
bottom of your website or on a separate Disclaimer webpage that is easily accessible.
Think those stock images of smiling businesspeople make your firm seem more approachable and professional? Under Rule of
Professional Conduct 7.1(c), an advertisement cannot contain a fictional portrayal of
clients or lawyers without a disclaimer noting the fictionalization. So, you may want to
put this disclaimer on your site following
your “prior results…” disclaimer. Because
other small businesses don’t have the ethical
obligations attorneys do, web designers and
do-it-yourself website building platforms
don’t consider the potential issues for
lawyers.
When it comes to social media - don’t assume you can or should friend judges. In a
North Carolina case, a judge was reprimanded for communicating via Facebook with an
attorney who was appearing before the judge
in a case. The attorney posted that he hoped
he was in his last day of trial, to which the
judge replied, “You are in your last day of
trial.” The Bureau of Judge Conduct on
Facebook was not happy about that.
Blogging is a great way to build traffic to
your firm’s website. It can demonstrate your
acumen to prospective clients and also help
you get better search visibility. As you may
have guessed by now, there are a few ethical
considerations when blogging. First, the content of your blog posts should be primarily to
provide information to your readers. It
should not be shameless self-promotion.
Aside from the fact that you won’t get better
search engine visibility for your website by
boasting about recent successes, writing blog
posts that advertise your firm’s greatness is
impermissible without an advertising disclaimer. An advertisement, under Rule 1.0,
consists of any communication, the primary
purpose of which being for the retention of
the lawyer or law firm. While many attorneys blog to get more web traffic and ultimately clients, individual blog posts should
not boast about the firm; instead, put that
content in your website’s News page or Settlements and Verdicts page.
Review-websites, like Yelp and Avvo, can
be a great way to build your firm’s Internet
presence. They build trust with prospective
Please turn to page 7
What’s Inside
By Andrew Cabasso, Esq. ................................... Pg. 1
A Bill Becomes A Law: Referee Protection Act
By Steven D. Cohn, Esq. .................................... Pg. 1
The Docket
Compiled by Louise Feldman ............................ Pg. 2
New Members ................................................... Pg. 2
Legal Briefs
By Avery Eli Okin, Esq., CAE ............................ Pg. 2
Respectfully Submitted
By Rebecca Rose Woodland, Esq. .................... Pg. 3
Committees and Sections 2014-2015 ............. Pg. 4
Appellate Division,
Second DepartmentAugust 2014
By Shana De Caro, Esq. . ................................... Pg. 9
Roll Call .............................................................Pg. 10
Visit us at www.brooklynbar.org
Page 2, BROOKLYN BARRISTER
OCTOBER/NOVEMBER, 2014
THE DOCKET
Included below are events which have been scheduled for the period
December 15, 2014 through January 28, 2015
Compiled by Louise Feldman
December 15, 2014
Monday
BWBA Board Meeting
Board of Trustees Room, 5:30 PM
December 23, 2014
Tuesday
Tuesdays with Talmud
December 25, 2014
Thursday
In observance of Christmas Day the
Brooklyn Bar Association Building including
the Volunteer Lawyer Project, the Lawyer
Referral Service, and the Foundation Library
will be closed.
January 1, 2015
Thursday
In observance of New Year’s Day the
Brooklyn Bar Association Building including
the Volunteer Lawyer Project, the Lawyer
Referral Service, and the Foundation Library
will be closed.
January 5, 2015
Monday
Foundation Public Education Program –
Consumer Debt & Bankruptcy
January 6, 2015
Tuesday
CLE Digital Evidence in Matrimonial Cases
Auditorium, 6:00 PM
January 14, 2015
Wednesday
Monday
Martin Luther King, Jr. Holiday
January 20, 2015
Tuesday
CLE Cutting Edge Topics in Estate Planning
Auditorium, 6:00 PM
Tuesday
Wednesday
Congratulations to Past President Gregory
T. Cerchione and BBA Treasurer Hon. Frank V.
Carone who were promoted to the position of
Knight Commander in The Equestrian Order
of the Holy Sepulchre of Jerusalem. Congratulations as well to Past President Domenick
Napoletano who was promoted to the position of Knight Commander With Star, the third
highest rank in that Papal order.
Congratulations to Lucinda (Lucy) DiSalvo,
the principal secretary to Hon. Ellen Spodek,
who was selected as the Employee of the Year
in the Supreme Court, Kings County.
BEREAVEMENTS
The Brooklyn Bar Association extends its
deepest sympathy to John Meglio and his
family on the passing of his mother-in-law
Eleanor Darnell on October 22, 2014.
The Brooklyn Bar Association extends its
deepest sympathy to June Lawrence on the
passing of her cousin Evelyn Lawrence on
November 18, 2004 at the age of 95. A former trustee and treasurer of the Brooklyn
Bar Association in the early and mid-1990s
Evelyn Lawrence continued to practice
until very recently.
___________________________
Legal Briefs is compiled and written by
Avery Eli Okin, Esq., CAE the Executive Director of the Brooklyn Bar Association and
its Foundation. Items for inclusion in
“Legal Briefs” should be emailed to
aokin@brooklynbar.org, faxed to 718-7971913 or mailed to 123 Remsen Street,
Brooklyn, NY 11201-4121.
NEW MEMBERS
MONTH OF OCTOBER 2014
ZACHARY GRIZOTSKY
EDWARD RUFFO
JAMES CONIGLIARO
ANDREW LAUFER
CHARLES SIEGEL
BWBA Board Meeting
Board Room, 5:30 PM
PASQUALE J. CRISPO
NATALIE LOWE BURGE
KATHLEEN TONER
SUSAN GERNER
OLANREWAJU OLUYEMI
CLE Ethics on New Retainer Language
Auditorium, 6:00 PM
HENRY GREENIDGE
JUSTINE ROUSSEAU
KCCBA Meeting
Board Room, 5:00 PM
Master of Inns of Court Meeting
Inns of Court Meeting
Auditorium, 6:00 PM
January 28, 2015
Congratulations to Brooklyn Bar Association Trustee Fidel del Valle who was appointed by Mayor Bill de Blasio as the Commissioner and Chief Judge of the Office of Administrative Trials and Hearings (OATH). As Commissioner and Chief Judge Fidel del Valle
serves as the Chair of the Environmental Control Board and oversees the OATH Tribunal,
ECB, OATH Taxi and Limousine Tribunal, the
OATH Health Tribunal which has a combined
docket of over 400,000 cases annually.
BBA member Bartholomew T. Russo the President of the Columbian Lawyers Association of
Brooklyn participated with Most Reverend
Nicholas DiMarzio, Bishop of Brooklyn in a
Red Mass held on October 8, 2014 at Saint
James Catherdral-Basilica.
DINA COLANDRO
KCCBA Dinner & CLE
Auditorium, 6:00 PM
January 27, 2015
KUDOS AND
PROFESSIONAL RECOGNITION
Brooklyn Bar Association Trustee Joseph
S. Rosato, President of the Kings County Chapter of the Catholic Lawyers Guild along with
January 19, 2015
Thursday
Brooklyn Bar Association member Hon.
Martin G. Karopkin who has served for the past
eight years at the Deputy Commissioner – Trials of the New York Police Department left that
position during the summer. He is currently
working with the United Nations in Phnon
Penh, Cambodia where he is serving as a Reserve Judge of the Trial Chamber with the ECCC
(Extradorinary Chambers of the Courts of Cambodia) hearing “remaining allegations of war
crimes from the period of the Khmer Rouge.”
Employment & Labor Law Committee
Meeting Rear Conference Room, 5:30 PM
CLE Online Visibility & Ethics
Auditorium, 6:00 PM
January 22, 2015
Congratulations to Brooklyn Bar Association member Hon. Randall T. Eng, the Presiding Justice of the Appellate Division, Second
Department who gave The 12th Annual Hon.
Hugh R. Jones Memorial Lecture at a program
hosted by The Fund for Modern Courts and
Albany Law School on October 21, 2014 at the
law school.
BBA Board & Foundation Meetings
Thursday
Wednesday
JUDICIAL RECOGNITION
Congratulations to Brooklyn Bar Association member Alexis Vigilante, the daughter of
BBA Past President Domenick Napoletano,
who was selected as a “Rising Star” by
Super Lawyers.
January 15, 2015
January 21, 2015
LEGAL BRIEFS
Legislators Night
Auditorium, 6:00 PM
IF YOU HAVE ITEMS FOR INCLUSION IN THE DOCKET, PLEASE MAIL OR FAX
OR EMAIL THEM TO LOUISE FELDMAN, BROOKLYN BAR ASSOCIATION,
123 REMSEN STREET, BROOKLYN, NEW YORK 11201.
FAX NO.: 718-797-1713 • E-mail: lfeldman@brooklynbar.org
BROOKLYN BAR ASSOCIATION 2014-2015
Rebecca Rose Woodland, President
Aimee L. Richter, Second Vice President
Arthur L. Aidala, President Elect
David M. Chidekel, Secretary
Hon. Frank R. Seddio, First Vice President
Hon. Frank V. Carone, Treasurer
Avery Eli Okin, Esq., CAE: Executive Director
TRUSTEES
CLASS OF 2015
Michael Farkas
Fidel F. Del Valle
Lara Genovesi
Richard S. Goldberg
Jaime Lathrop
Anthony W. Vaughn, Jr.
Glenn Verchick
CLASS OF 2016
Elaine N. Avery
Armena D. Gayle
David J. Hernandez
Richard Klass
Anthony J. Lamberti
Deborah Lashley
Joseph S. Rosato
CLASS OF 2017
Marianne Bertuna
Joseph R. Costello
Stefano A. Filippazzo
Dewey Golkin
Hemalee J. Patel
Steven J. Harkavy
Jeffrey Miller
TRUSTEES COUNCIL (Past Presidents)
Roger Bennet Adler
Vivian H. Agress
Andrea E. Bonina
Ross M. Branca
Rose Ann C. Branda
Gregory T. Cerchione
Steven D. Cohn
Hon. Miriam Cyrulnik
Lawrence F. DiGiovanna
David J. Doyaga, Sr.
Andrew M. Fallek
Joseph H. Farrell
Andrew S. Fisher
Ethan B. Gerber
Dominic Gordano
Paul A. Golinski
Gregory X. Hesterberg
Hon. Barry Kamins
Marshall G. Kaplan
Mark A. Longo
Domenick Napoletano
John. E. Murphy
John Lonuzzi
Manuel A. Romero
Hon. Harold Rosenbaum
Barton L. Slavin
Hon. Jeffrey S. Sunshine
Hon. Nancy T. Sunshine
Diana J. Szochet
OCTOBER/NOVEMBER
BROOKLYN BARRISTER, Page 3
—————————————— PRESIDENT’S MESSAGE —————————————
R E S P E C T F U L LY S U B M I T T E D
By: Rebecca Rose Woodland, Esq.
The chill in the air this time of year is a reminder that December is right around the corner.
And while December may bring some unpleasant weather, it also brings us the much anticipated Brooklyn Bar Association Foundation Annual
Dinner, which kick-starts the holiday season for
the legal community in and beyond Brooklyn. I
could not be more excited and proud to be organizing this year’s event with our President
Elect and Chair of the Dinner Committee, Arthur
Aidala, our Executive Director Avery Eli Okin,
the members of our Annual Dinner Committee
and our great staff at the BBA. Monday December 8, 2014 at the Marriott Brooklyn Bridge
promises to be a night everyone will enjoy.
I am pleased to announce that the honorees
we have selected for this year’s Annual Dinner
are: The Honorable Jenny Rivera, Associate
Judge of the New York State Court of Appeals;
the Honorable Randall T. Eng, Presiding Justice
Appellate Division, Second Department; The
Honorable George J. Silver, Justice of the New
York State Supreme Court; and Brooklyn Bar
President Rebecca Rose Woodland, Esq.
Association Past President, Andrea Bonina. We
are very excited to have such a distinguished, diverse and talented slate of honorees this year representing the best of the bench and the bar in and
beyond Brooklyn. Please be sure to look out
for your invitations in the mail. You can also purchase tickets and sponsorships on the BBA website. I look forward to seeing you all at the Marriott in Brooklyn on December 8th!
I am also very proud to announce that on October 30th I will be attending an event hosted by
the NYS Courts’ Cervantes Society at the New
York County Supreme Court where our Executive
Director, Avery Eli Okin will be honored with the
“In the Spirit Award” in recognition of his service
to the legal community and his work at the Brooklyn Bar Association. The award will be presented
at a ceremony in the beautiful rotunda at the New
York County Courthouse. Also being honored that
evening will be Judge Jenny Rivera, Associate
Judge of the Court of Appeals. I want to congratulate Avery in advance for this well-deserved and
prestigious recognition. We all know how much
Avery does for our association; it’s great to see that
his commitment and service are recognized beyond 123 Remsen Street.
While on the subject of honors and awards,
BBA Past President Gregory T. Cerchione and
BBA Treasurer Frank V. Carone were each bestowed the honor of being named Knights Commander in the Papal Equestrian Order of the Holy
Sepulcher, and BBA Past President Dominick
Napolitano was promoted to Knights Commander with Star in a ceremony held at St. Patrick’s
Cathedral. If you run into Gregory, Frank or
Domenick in your travels, be sure to congratulate
them and make sure to ask them about their new
high-ranking positions in this prestigious Order
which dates back to the time of the Crusades.
On the judicial front, I am thrilled to announce
that one of our hardest-working Trustees, Lara
Genovesi, is bound for the Kings County Supreme
Court bench at the beginning of the year. Lara,
who currently serves as Principal Court Attorney
for the Honorable Jeffrey S. Sunshine, received the
nomination for the Supreme Court from the Kings
County Democratic Committee. Though we will
sorely miss Lara on our Board of Trustees at the
BBA, we could not be prouder to see her ascend to
the bench, where she belongs.
The BBA Volunteer Lawyers Project is going
through some exciting new changes. The VLP
has hired a new Executive Director and given us
notice that they are moving to a new, spacious
office on Court Street. Heidi Lee Henderson was
recently hired as Executive Director, replacing
Jeannie Costello who recently retired after a stellar career at the helm of one of the most successPlease turn to page 7
BROOKLYN BARRISTER EDITORIAL BOARD
Anthony J. Lamberti
Editor-in-Chief
Diana J. Szochet
Managing Editor
Aimee L. Richter
Articles Editor
Cecilia N. Anekwe
Hon. Bruce M. Balter
Jaime J. Borer
Mark Diamond
Jason Eldridge
Paul S. Forster
Jason D. Friedman
Anthony Lamberti
Hemalee J. Patel
Robert P. Santoriella
Michael Treybich
Alexis Vigilante
Shelly Werbel
Glenn Verchick
Gregory Zenon
Brooklyn Barrister is published by Everything Brooklyn Media, LLC, under the auspices of the Brooklyn Bar Association. For advertising information call (718) 422-7410. Mailing address 16 Court Street, Suite 1208, Brooklyn, New York 11241.
Vol. 66 No. 12 October, 2014. The Brooklyn Barrister (ISSN 007-232 USPS 066880) is published monthly except in August and December by the Brooklyn Bar Association. Office of publication is: Brooklyn Bar Association,
123 Remsen Street, Brooklyn, New York 11201-4212. Telephone No. (718) 624-0675. Periodical postage is paid in Brooklyn, New York and at additional mailing offices. Subscription price is $11.00 per year. POSTMASTER: Send address changes to the Brooklyn Barrister, 123 Remsen Street, Brooklyn, NY 11201-4212.
COMMITTEES & SECTIONS 2014-2015
ADMINISTRATIVE LAW
COMMITTEE
Considers law and procedure of administrative bodies
and makes recommendations to the Association.
Also, screens candidates for appointments as Administrative Law Judges.
Chair: Hon. Fidel F. Del Valle
26 Court Street, Suite 1405
Brooklyn, NY 11242
(718) 834 4850
fdelvalle@verizon.net
Members:
Abayomi Ajaiyeoba
Charles Capetanakis
Hon. Martin E. Connor
Ethan B. Gerber
Adam Kalish
Gil Perez
ALTERNATE DISPUTE
RESOLUTION COMMITTEE
Co-Chair: Hon Elizabeth A. Bonina
9201 Shore Road, Apt. #B301
Brooklyn, New York 11209
(917) 750-5935
elizabeth.bonina@gmail.com
Co-Chair: Steven Jeffrey Harkavy
12 Metrotech, 28th Floor
(718) 250-1100 xt.61106
steven.harkavy@aig.com
Co-Chair: Hon. Gerard H. Rosenberg
71-01 Shore Road, 4G
Brooklyn, NY 11209
(347) 296 1513
gavell@juno.com
Chair Emeritus: Hon. Ira B. Harkavy
Members:
Catherine Canade
Mark Diamond
Hon. Robin Garson
Lawrence N. Rothbart
Hon. Jules Spodek
Charles Sporn
ANNUAL AWARD COMMITTEE
Presented at Annual Dinner to a member of the legal
profession for outstanding achievement in the law or
in public service.
Chair: Steve D. Cohn
16 Court Street
(718) 875-2400
Goldcohn.law@verizon.net
Class of 2017
Steven D. Cohn
RoseAnn C. Branda
Hon. Frank Seddio
Class of 2015
Ethan B. Gerber
Hon. Ellen Spodek
Class of 2016
Arthur L. Aidala
David M. Chidekel
Aimee Richter
ANNUAL DINNER COMMITTEE
Chair:
Arthur L. Aidala
8118 - 13th Avenue
(718) 238-9898
arthur@aidalalaw.com
Chair Emeritus: Rebecca Woodland
Lonuzzi & Woodland, LLP
60 Sackett Street, Suite 2002
(718) 935-1010
rebwoodland@aol.com
Vice Chair: Domenick Napoletano
351 Court Street,
Brooklyn, NY 11231
(718) 522-1377
domenick@napoletanolaw.com
Vice Chair: Hon. Frank R. Seddio
9306 Flatlands Avenue
(718) 272-6040
seddiolaw@gmail.com
Vice-Chair: Aimee L. Richter
Bender, Rosenthal Isaacs &
Richter, LLP
451 Park Avenue South, 8th Floor
New York, NY 10016
Vice Chair: David M. Chidekel
575 Madison Avenue, Suite 1006
New York, NY 10022
(212) 605-0161
DCJoyEsq@aol.com
Vice Chair: Gregory T. Cerchione
150 Broadway, 23rd Floor
New York, NY 10038
(212) 285-3800
gtcerchione@gmail.com
Vice Chair: Hon. Frank V. Carone
2626 National Drive
Brooklyn, NY 11234
(718) 272 6040
caronelaw@gmail.com
Members:
Daniel Antonelli
Elaine N. Avery
Andrea E. Bonina
RoseAnn C. Branda
Steven D. Cohn
Fern J. Finkel
Steven Jeffrey Harkavy
David J. Hernandez
Perry Krinsky
Hemalee Patel
Margherita Racanelli
Anthony W. Vaughan, Jr.
ASSIGNED COUNSEL IN FAMILY
COURT SCREENING COMMITTEE
Chair:
Susan Iannelli
(718) 855-2844
Siannelli@aol.com
Members:
Curt Arnel
Joel Borenstein
Ben Cara
Patrick Garcia
Mindy L. Gress
Beth Harrow
Michael R. Milsap
Lisa Outeda
Michael S. Somma, Jr.
AUDIT COMMITTEE
Audits Association’s accounts and formulates Annual
Report.
Chair:
Lara Genovesi
360 Adams Street
Brooklyn, NY 11201
(347-296-1527)
lgenoves@nycourts.gov
Members:
Arthur L. Aidala
Andrea E. Bonina
Steven D. Cohn
Ethan B. Gerber
Bart Slavin
BANKRUPTCY COMMITTEE
Considers all matters pertaining to bankruptcy and
insolvency.
Chair: David J. Doyaga
(718) 488-7500
David.Doyaga@verizon.net
Vice Chair: Gregory Messer
(718) 858-1474
gremesser@aol.com
Members:
Rachel S. Blumenfeld
Tracia Callender
Mary Jo Eyster
Alexander Keblish
John C. Kim
Michael F. King
Robert J. Musso
Hon. Elizabeth S. Stong
Anthony Vassallo
Bruce Weiner
Randolf E. White
Marvin Wolf
BROOKLYN BARRISTER
EDITORIAL BOARD
Editor in Chief: Anthony J. Lamberti
435 77th Street
Brooklyn, NY 11235
(718) 238-9826
ajlesq@alamberti.com
Members:
Marc Aronson
Hon. Reginald Boddie
Mary A. Callaghan
Theresa M. Ciccotto
Hon. Alfred D. Cooper, Sr.
Joseph R. Costello
Alice Fisher Rubin
Charles Finkelstein
Hon. Pamela L. Fisher
Hon. Robin Garson
Ethan B. Gerber
Michael Goldberg
Hon. Ingrid Joseph
Richard Klass
Robert R. Koeppel
Hon. Sarah L. Krauss
Hon. Katherine A. Levine
Robert E. Malchman
Nicholas Mamounis
Hon. Gary F. Marton
Hon. Richard J. Montelione
Martin S. Needelman
Hal Rose
Oleg Rybak
Meryl Wenig
Alan J. Wohlberg
COMMERCIAL LAW COMMITTEE
Reviews procedure, policies and appropriate legislation concerning transactional business relationships.
Chair: Dewey Golkin
55 Liberty Street, #17C
New York, New York 10005
(212) 302-7989
dgolkin@aol.com
Vice Chair: Jeffrey Miller
32 Broadway, Suite 1301
(212) 227-4200
jmiller@jeffreymillerpc.com
Members:
Managing Editor: Diana J. Szochet
45 Monroe Place,
Brooklyn, NY 11201
(718) 923-6300 x303
dszochet@nycourts.gov
Articles Editor: Aimee L. Richter
Bender, Rosenthal Isaacs & Richter, LLP
New York, NY 10016
(212) 725-7111
arichter@brirllp.com
Members:
Cecilia N. Anekwe
Jaime J. Borer
Marye A. Dean
Mark Diamond
Paul S. Forster
Jason D. Friedman
Hemalee J. Patel
Michael Treybich
Glenn Verchick
Alexis Vigilante
Shelly Werbel
Gregory Zenon
BUDGET COMMITTEE
Chair: Aimee L. Richter
New York, NY 10016
212-725-7111
Members:
Arthur L. Aidala
Andrea Bonina
David Chidekel
Hon. Miriam Cyrulnik
Hon. Frank R. Seddio
Rebecca Woodland
BYLAWS COMMITTEE
Chair: Ethan B. Gerber
Brooklyn, NY 11242
(718) 834 4850
egerber@gerberandgerber.com
Members:
Arthur L. Aidala
David Chidekel
Domenick Napoletano
Aimee L. Richter
Rebecca Woodland
CIVIL COURT OF THE CITY OF
NEW YORK COMMITTEE
Considers the practical workings of the Civil Court
of the City of New York.
Chair:
Jeffrey Miller
New York, NY 10004
(212) 227 4200
jmiller@jeffreymillerpc.com
Justin Auslaender
Andrew Ayers
Hon. Ariel Belen
Andrew M. Fallek
Barry R. Feerst
David Fultz
Ethan B. Gerber
Jonathan Ginsberg
Adam Kalish
Cheryl L. Kinch
Toks Sofola
Hon. Jules L. Spodek
Randolph White
COMPENSATION COMMITTEE
Co-Chair: Gregory T. Cerchione
Subin Associates
(212) 285-3800
gtc@subinlaw.com
Co-Chair: Hon. Frank V. Carone
Abrams Fensterman
One Metro Tech Center, Suite 1704
Brooklyn, NY 11201
(718) 215-5300
caronelaw@gmail.com
Vice-Chair: David Chidekel
New York, NY 10022
(212) 605-0161
DCJoyEsq@aol.com
Members:
Elaine Avery
Diana Szochet
Arthur L. Aidala
Anthony Vaughan, Jr.
Rebecca Woodland
Steven H. Richman
COMPUTER TECHNOLOGY COMMITTEE
Co-Chair: Andrea E. Bonina
Bonina & Bonina, P.C.
(718) 522-1786
abonina@medlaw1.com
Co- Chair: Daniel Antonielli
New York, NY 10007
(212) 227 2424
dra@antonelli-legal.com
Members:
Hon. Elizabeth Bonina
Ron D’Addario
Helen Galette
Colin A. Liverpool
CONTINUING LEGAL
EDUCATION COMMITTEE
Recommends programs and improvements in legal
education.
Co-Chair: Steven D. Cohn
Goldberg & Cohn
16 Court Street
(718) 875-2400
goldcohn.law@verizon.net
OCTOBER/NOVEMBER
Co-Chair: Richard Klass
16 Court Street, 29th Floor
Brooklyn, NY 11241
(718)643-6063
richklass@courtstreetlaw.com
Vice Chair: Hon. Howard Golden
303 Beverly Road, Apt. 10F
(718) 633-4646
Vice Chair: Diana J. Szochet
45 Monroe Place,
Brooklyn, NY 11201
(718) 923-6300 xt.303
Members:
Oana Elena Brebend
Scott Klein
Hon. Lorraine S. Miller
Marcel Sager
Hon. Nancy Mottola Schacher
Barton Slavin
Charles Sporn
Chaim Steinberger
Carol S. Tiernan
Stephen Z. Williamson
COURT FACILITIES COMMITTEE
To improve physical conditions in the courthouse.
Chair: Hon. Donald Scott Kurtz
Supreme Court, Kings County
360 Adams Street
Brooklyn, NY 11201
(347) 401 9047
dkurtz@nycourts.gov
Vice-Chair: Stephen Jeffrey Harkavy
Brooklyn, NY 11201
(718) 250-1100 x 61106
Members:
Jon L. Besunder
Hon. Robin Garson
John Lonuzzi
Nicholas P. Mamounis
Charles J. Marchello
Hon. Wayne P. Saitta
Hon. Arthur M. Schack
Lisa Schreibersdorf
CRIMINAL COURT OF THE CITY OF
NEW YORK COMMITTEE
Considers the practical workings of the Court; also considers the Kings County District Attorney’s Office and
investigates any complaint against an attache of thereof.
Co-Chair: Arthur L. Aidala
8118 - 13th Avenue
(718) 238-9898
arthur@aidalalaw.com
Co-Chair: George Farkas
Brooklyn, NY 11201
(718) 625-2500
gafarkas1@verizon.net
Members:
Ibrahim Abohamra
Ameer Benno
Marianne Bertuna
Mark Diamond
Hon. Deborah A. Dowling
Michael Farkas
Charles Finkelstein
Robert S. Gershon
Kenneth W. Gerver
Isiris Isaac
Adam Kalish
Bryan Kolb
Noah Levenson
Hon. Richard Montelione
Hon. Micky Morgenstern
Joseph Mure, Jr.
Eric Nelson
Andrew S. Rendeiro
Paul Leonard Sass
Hon. Matthew A. Sciarrino, Jr.
CRIMINAL LAW SECTION
Arrange substantive programs and sponsor luncheon
and dinner events.
Chair: George Farkas
(718) 625-2500
gafarkas1@verizon.net
Vice-Chair: Mark Diamond
Box 287356 Yorkville Station
New York, NY 10128
(917) 660-8758
markd53@hotmail.com
CLE Vice Chair: Scott H. Klein
(718) 522-3311
cshklein@verizon.net
Members:
Judith Aarons
Roger B. Adler
Cecilia N. Anekwe
Hiram L. Bell III
Ameer Benno
Jon L. Besunder
Corey Briskin
Frank V. Carone
David M. Chidekel
Michael V. Cibella
Danielle V. Eaddy
Michael Farkas
Charles Finkelstein
Robert Gershon
Kenneth W. Gerver
Hon. John G. Ingram
Adam Kalish
Leo J. Kimmel
Noah Levenson
Joseph Mure, Jr.
Eric Nelson
Craig Newman
Andrew S. Rendeiro
Paul Leonard Sass
Lisa Schreibersdorf
Hon. Matthew Sciarrino, Jr.
Gregory Zenon
DECEDENTS’ ESTATES SECTION
and dinner events.
Chair: Paul S. Forster
P. O. Box 61240
Staten Island, New York 10306
(718) 667-1948
psflaw@aol.com
Vice Chair: Frank T. Strafaci
569 Bay Ridge Parkway
(718) 748-4848
ftsesq@aol.com
Members:
Judith Aarons
Roger B. Adler
Louise Albenda
Cecilia N. Anekwe
Daniel R. Antonelli
Summerfield Baldwin
Hon. Bruce Balter
Hiram L. Bell III
Jon L. Besunder
Andrew Bokser
David A. Bondy
Adam Braverman
James H. Cahill Jr.
Frank V. Carone
Michael V. Cibella
Michael S. Daiell
Mark Diamond
Danielle V. Eaddy
William Ellerton
Dominic J. Famulari
John D. Famulari
Michael Farkas
Maureen P. Fonti
Richard H. Freeman
Helen Galette
Armena D. Gayle
Susanne Gennusa
Robert Gershon
Angelo Giordano
Leonard Herbst
Yvette A. Hinds-Wills
Gerard A. Imperato
Hon. John G. Ingram
Adam Kalish
Joseph G. Kenny
Leo J. Kimmel
Cheryl L. Kinch
Harry L. Klein
Scott H. Klein
Ira Kopito
Anthony J. Lamberti
Joan C. Lenihan
Noah Levenson
Roy A. MCKenzie
Ira K. Miller
Joseph Mure, Jr.
Eric Nelson
Craig Newman
Robert C. Nielson
Barbara S. Odwak
Lynn S. Okin
Lisa Outeda
Gil Perez
Trazana Phillip (Pinnock)
Alan Podhaizer
Vlad Portnoy
Andrew S. Rendeiro
James Rogers
Marcel Sager
Paul Leonard Sass
Lisa Schreibersdorf
Hon. Matthew Sciarrino, Jr.
Michelle Shaganov
Gregory Zenon
ELDER LAW COMMITTEE
Chair: Anthony Lamberti
435 - 77th Street
(718) 238-9826
ajlesq@alamberti.com
Vice Chair: Fern J. Finkel
41 Pierrepont Street
(718) 625-3398
ffinkel@aol.com
Members:
Roger B. Adler
Louise S. Albenda
Summerfield Baldwin
Glenn D. Bell
Shoshana Brenenson
James Cahill Jr.
Mary A. Callaghan
Anthony Carone
Michael S. Daiell
Joseph Dirks
William Ellerton
Charles Emma
Dominic J. Famulari
Maureen P. Fonti
Renee Fortain
Helen Z. Galette
Armena D. Gayle
Susanne Gennusa
Robin N. Goeman
Hon. Howard Golden
Charles Goldfarb
Judith D. Grimaldi
Leonard Herbst
Kathleen Higgins
Susan Iannelli
Alexander Keblish
Joseph G. Kenny
Cheryl L. Kinch
Michael F. King
Joan C. Lenihan
Ira K. Miller
Judy Mock
Barbara Odwak
Blaise Parascondola
Vlad Portnow
Margarette Racanelli
Marcel A. Sager
Michelle Shaganov
Scott Shostak
Charles Siegel
Hon. George J. Silver
Hon. Ellen M. Spodek
Hon. Jules Spodek
Charles M. Sporn
Zvi Storch
Katy Sverdlov
Evelyn Sylvester
Carol S. Tiernan
John Urban
Joseph R. Vasile
Bartholomew M. Verdirame
EMPLOYMENT AND LABOR LAW
COMMITTEE
Chair: Hon. Katherine A. Levine
141 Livingston Street
Brooklyn, NY 11201
(718) 675-8429
klevine@courts.gov
Members:
Tracia Callender
Cyrus Dugger
Antonia Kousoulas
Joan C. Lenihan
Alan Podhaizer
Matthew Porges
Brigette Renaud
Nancy Mottola Schacher
David Tykulsker
ENTERTAINMENT, ART & SPORTS LAW
Chair:
Sanaa Harris
479A Hancock Street, #3
Brooklyn, NY 11233
(646) 247 4353
sanaa.z.h@gmail.com
Members:
Daniel Antonelli
Andrew Ayers
Hon. Elizabeth Bonina
Sidney Cherubin
Bruno Codispoti
Jeannie Costello
Dean Delianites
Robin Goeman
Michelle Hua
Jaime Lathrop
Rebecca Lockwood
Pamela Matta
Alan Podhaizer
Steven H. Richman
Allegra Selvaggio
Andrew Sonpon
Robert Thony
FAMILY COURT COMMITTEE
Considers and makes recommendations as to the
statutes, practice and procedures in family law and
the work of the courts in Kings County and considers
complaints against attaches thereof.
Co-Chair: Hon. Micky Morgenstern
320 Jay Street
(347) 401-9208
emorgens@nycourts.gov
Co-Chair: Robert A. Ugelow
(718) 852-8641
Robertu2626@yahoo.com
Vice-Chair: Hemalee Patel
Supreme Court of Richmond County
25 Hyatt Street, Room 621
Staten Island, NY 10301
(718) 675-8758
hpatel@nycourts.gov
Members:
Curt Arnel
Helene Bernstein
Joel Bernstein
Melissa Bonaldes
Mary L. Cain
Traci Callender
Saul Edelstein
Charles L. Emma
Rachel Freier
Patrick Garcia
Karen R. Goldberg-Sager
Barbara Gonzo
Mindy Gress
Yvette A. Hinds Wills
Susan Iannelli
Randi Karmel
Joshua Katz
Hailey Kaufman
Leo J. Kimmel
Michael Milsap
Michael Mondschein
Brigette Renaud
Lawrence Rothbart
Karen G. Sager
Steven Scavuzzo
Olatokunbo Sofola
Rick Stein
Chaim Steinberger
Zvi Storch
Menachem White
John F. Yacos
FAMILY LAW SECTION
and dinner events.
Chair: RoseAnn C. Branda
7302 - 13th Avenue
(718) 680-5778
RBranda@carusobranda.com
Vice Chair: Phil Brown
(212) 425-1999
phil@divorceme.net
Vice Chair: Aimee L. Richter
(212) 725-7111
Vice-Chair: Randi L. Karmel
425 Park Avenue, 27th Floor
New York, NY 10022
(212) 755-0224
rkarmel@rkarmel.com
Members:
Hon. Rachel Adams
Curt Arnel
Elaine N. Avery
Cara Ben
Helene S. Bernstein
Andrew Bokser
Joel Borenstein
Grace Borrino
Mary L. Cain
Catherine Canade
David M. Chidekel
Steven D. Cohn
Saul Edelstein
Barry Elisofon
Charles Emma
Dominic J. Famulari
Rachel Freir
Martin W. Gershon
Kenneth W. Gerver
Karen R. Goldberg-Sager
Hon. Howard Golden
Susan Iannelli
Gerard A. Imperato
Deborah B. Kahn
Philip L. Kamaras
Leo J. Kimmel
Members:
Members (cont’d.):
Meredith A. Lusthaus
Steven J. Mandel
Deborah Marshall
Michael R. Milsap
Michael J. Mondschein
Steven Z. Mostofsky
David Panteleoni
Hemalee J. Patel
David H. Perlman
Kamela Poppe
Brigette Renaud
Lawrence N. Rothbart
Karen G. Sager
Steven Scavuzzo
Sandra L. Schpoont
Ilana R. Schwitzer
Olatokunbo Sofola
Rick Stein
Chaim Steinberger
Hon. Jeffrey S. Sunshine
Robert A. Ugelow
Menachem M. White
John G. Yacos
FEDERAL COURTS COMMITTEE
Considers the practical workings of the courts and
the United States Attorney’s Office in the Eastern
District; also, considers any complaints against an attached of thereof.
Chair: Gerald J. DiChiara
404 Park Avenue South
(212) 679-1958
jdichiarag@aol.com
Lisa Schreibersdorf
Robert Selya
Anne J. Swern
Diana J. Szochet
Stephen Williamson
Considers and investigates complaints against attorneys.
Chair: Gregory T. Cerchione
Subin Associates
(212) 285-3800
gtc@subinlaw.com
Vice Chair: Lara J. Genovesi
360 Adams Street
(347) 296-1527
lgenoves@nycourts.gov
Vice Chair: John J. Meglio
33-28 191st Street
Flushing, New York 11358
(718) 359-5555
johnmeglio@aol.com
Members:
Chair: Hon. Frank V. Carone
2626 National Drive
Brooklyn, NY 11234
(718) 272 6040
caronelaw@gmail.com
Members:
FOUNDATION LAW PROGRAMS
FOR THE PUBLIC
Fern J. Finkel
41 Pierrepont Street
(718)625-3398
ffinkel@aol.com
Vice Chair: Hemalee Patel
Supreme Court of Richmond County
25 Hyatt Street, Room 621
Staten Island, NY 10301
(718) 675-8758
hpatel@nycourts.gov
Members:
Sidney Cherubin
Jeannie M. Costello
David J. Doyaga, Sr.
Maryjo Eyster
Robin Goeman
Richard Klass
Jaime Lathrop
Joan C. Lenihan
Robert Santoriella
James P. Slattery
Diana J. Szochet
Daniel Antonelli
Steve Bamundo
Andrew M. Fallek
George Farkas
David J. Hernandez
Theodore Jones, III
Adam Kalish
Hon. Donald Scott Kurtz
John Lonuzzi
Joseph D. Monaco III
Domenick Napoletano
Barbara Odwak
Matthew Porges
Steven H. Richman
Adam Roth
Robert Santoriella
Barton Slavin
Rebecca Woodland
GOVERNMENT AND PUBLIC SECTOR
Chair: Steven H. Richman
32 Broadway, 7th Floor
New York, New York 10004-1609
(212) 487-5338
srichman@boe.nyc.ny.us
Members:
GENERAL PRACTICE SECTION
(Includes Banking, Commercial Practices & Taxation) Arranges substantive programs and sponsosr
luncheon and dinner events.
Chair: Richard Klass
(718) 643-6063
Igou Allbray
Jon L. Besunder
Corey Briskin
Charles Capetanekis
Theresa M. Ciccotto
Rory Greebel
Deborah Lashley
Hon. Katherine Levine
Paul V. Nuccio
Charlotte Owens
Complete Legal Services Directory
Call Alice at (718) 643-9099, Extn. 107 for legal services advertising
LEGAL SERVICES / SMALL BUSINESS
You can advertise here, in
the Brooklyn Eagle’s LEGAL SERVICES DIRECTORY.
Andrew Bokser
Phil Brown
Theresa M. Ciccotto
Hon. Alfred D. Cooper
Joseph R. Costello
Greg Fonti
Helen Z. Galette
Ethan B. Gerber
David J. Hernandez
Anthony Lamberti
Deborah Lashley
Doron Leiby
Betty Lugo
Jeffrey Miller
Hon. Edward M. Rappaport
Joseph Rosato
George Sheinberg
GROUP INSURANCE COMMITTEE
Chair: Aimee L. Richter
(212) 725-7111
Members:
the Brooklyn Eagle’s LEGAL SERVICES DIRECTORY.
barrister@brooklyneagle.com adv@brooklyneagle.com
barrister@brooklyneagle.com adv@brooklyneagle.com
or call Alice: (718) 643-9099, extn. 107
or call Alice: (718) 643-9099, extn. 107
Co-Chair: Hon. Robin Garson
141 Livingston Street
(347) 404-9094
rgarson@nycourts.gov mail to:skrauss@nycourts.gov
Co-Chair: John R. Urban
534 Pacific Street
516-618-6665
jurbanlaw@verizon.net
Vice-Chair: Kathleen C. Waterman
419 Park Avenue, Suite 406
New York, NY 10016
(212) 532-5881
kcwatermanesq@gmail.com
Members:
HOUSE COMMITTEE
Chair: Frank V. Carone
Abrams Fensterman
One Metro Tech Center, Suite 1704
Brooklyn, NY 11201
(718) 215-5300
cacaronelaw@gmail.com
mailto:lonuzzi@aol.com
Members:
Andrea E. Bonina
David M. Chidekel
Steven D. Cohn
John Lonuzzi
Domenick Napoletano
Biana Borukhovich
349 5th Avenue
New York, NY 10016
(347) 450-1811
biana@bb-lawfirm.com
Vice-Chair: Dayrel Sewell
599 East 2nd Street
New York, NY 11218
(347)787-6824
info@sewellnylaw.com
Members:
Andrew M. Ayers
David A. Bondy
Bruno Codispoti
Colin A. Liverpool
Sheldon Siporin
Endeavors to secure the election of competent and
properly qualified individuals for Judicial Office
and for District Attorney. Considers the qualifications of candidates for such office.
Chair: Andrew M. Fallek
1 Battery Park Plaza, 32nd Floor
(212) 797-4700 xt.12
afallek@gmail.com
Vice Chair: Deborah Lashley
33B James Street
Newark, New Jersey 07102
(718)250-3804
lashde@aol.com
Kathleen Higgins
Hon. John G. Ingram
Hon. Sallie Krauss
Bonnie S. Kurtz
Joanna Lambridis
Aimee L. Richter
James Rogers
Sheldon Siporin
Stephen B. Toner
Bart Verdirame
LAWYER REFERAL SERVICE
COMMITTEE
Chair: Joseph Costello
5919 - 20th Avenue
(718) 331-4600
jrc@costellocostello.com
Members:
TRADEMARK, LICENSING & INTELLECTUAL PROPERTY COMMITEE
Chair:
Elaine N. Avery
Jon L. Besunder
RoseAnn C. Branda
Gregory J. Cannata
Sidney Cherubin
David M. Chidekel
Fidel Del Valle
David J. Doyaga
Andrew S. Fisher
Andrew S. Garson
Armena D. Gayle
Ethan B. Gerber
Robert S. Gershon
Mark A. Longo
John Lonuzzi
Dino Mastropietro
John J. Meglio
Jeffrey Miller
Martin S. Needelman
Carmin A. Pacheco
Steven H. Richman
Aimee L. Richter
Manuel A. Romero
Joseph Rosato
Robert Rosenberg
Barton L. Slavin
Anne J. Swern
LAWYERS HELPING LAWYERS
COMMITTEE
Joseph H. Farrell
JUDICIARY COMMITTEE
You can advertise here, in
Members:
GRIEVANCE COMMITTEE
ANNUAL HON. THEODORE T. JONES, JR.,
FOUNDATION GOLF TOURNAMENT
Members:
Roger B. Adler
Igou M. Allbray
Andrew M. Ayers
Hon. Dora L. Irizarry
Ronald E. Joseph
Gregory LaSpina
Randolph E. White
Chair:
Hon. Brian Burstin
Vincent Chirico
Brian Doyle
Andrew S. Fisher
Hon. Pamela L. Fisher
Hon. Robin Garson
Martin Gershon
Angelo A. Giordano
Gerald A. Imperato
Adam Kalish
Alexander Keblish
Harry L. Klein
Scott Klein
Jaime Lathrop
John J. Meglio
Jeffrey Miller
Laura Outeda
Blaise F. Parascandola
Alan Podhaizer
Elisa Rosenthal
Oleg Rybak
Ilana Schwitzer
Nissan Shapiro
Sheldon Siporin
Olatokunbo Sofola
Stephen A. Spinelli
Hon. Jules Spodek
Carol Tiernan
Michael Treybich
Joseph R. Vasile
Kathleen C. Waterman
Daniel Antonelli
Andrea Bonina
Jaime Lathrop
Doron Leiby
Leardo L. Lopez
Michael Treybich
LEGISLATIVE COMMITTEE
Advocates for improvements in the administration of
justice and the practice of law in the Legislative forum.
Chair: Hon. Frank R. Seddio
9306 Flatlands Ave.
(718) 272-6040
seddiolaw@gmail.com
Vice-Chair: Ethan B. Gerber
Gerber & Gerber PLLC
Brooklyn, NY 11242
(718) 834 4850
egerber@gerberandgerber.com
Members:
Hon. Frank V. Carone
Vincent Chirico
Dean Delianites
Hon. Robin Garson
Jonathan Ginsberg
Barbara Gonzo
Yvette Hinds Wills
Adam Kalish
Gregory M. LaSpina
Hon. Richard J. Montelione
Alan Podhaizer
Steven H. Richman
Stephen Williamson
OCTOBER/NOVEMBER
MEDIATION-GRIEVANCE
MATTERS COMMITTEE
Members:
Chair: Barbara S. Odwak
(718) 875-1611
bararb@aol.com
Members:
Marc Aronson
Theresa M. Ciccotto
Mark Diamond
Mary Jo Eyster
Hon. Sallie Krauss
Sheldon Siporin
Edward Tantleff
Donald M. Zolin
MEDICAL MALPRACTICE COMMITTEE
Chair John Bonina
(718) 522-1786
jbonina@medlaw1.com
Members:
Andrea E. Bonina
Jason Friedman
Andrew S. Garson
Johathan Ginsberg
Amy L. Insler
Alexander Keblish
Bonnie S. Kurtz
Lois Ottombrino
Hon. Gerard H. Rosenberg
Carmine Rubino
Robert A. Sgarlato
Andrew Smiley
Hon. Marsha Steinhardt
Edward Tantleff
Glenn Verchick
MEMBERSHIP COMMITTEE
Recommends means of both retaining and increasing
membership in the Association of lawyers practicing
in the county.
Chair: David M. Chidekel
New York, NY 10022
(212) 605-0161
DCJoyEsq@aol.com
NO FAULT COMMITTEE
Chair: Dean G. Delianites
Lozner & Mastropietro
1901 Emmons Avenue
(718) 615-0044
deand@lmlawnyc.com
Members:
Vel Belushin
Charles Finkelstein
Hon. Robin Garson
Sara Pankowski
Oleg Rybak
Karen Goldberg Sager
Carol Tiernan
Meryl L. Wenig
PART 137 ATTORNEY-CLIENT FEE
DISPUTE RESOLUTION PROGRAM
Considers all matters pertaining to arbitration and
provides for arbitration of controversies between
members and their clients.
Chair: Domenick Napoletano
351 Court Street
(718) 522-1377
domenick@napoletanolaw.com
Vice Chair: RoseAnn C. Branda,
7302 - 13th Avenue
(718) 680-5778
mailto:Email:rbranda@carusobranda.com
Members:
Vice-Chair: Jaime Lathrop
641 President Street, Suite 212
Brooklyn, NY 11215
(718) 857-3663
jimmy.lathrop@gmail.com
Members:
Andrea E. Bonina
Fern Finkel
Armena Gayle
Adam Kalish
Susan Masters
Dino Mastropietro
Alan Podhaizer
Manuel A. Romero
Rebecca Woodland
MEMORIAL COMMITTEE
Chair: Steven D. Cohn
Goldberg & Cohn
16 Court Street
(718) 875-2400
goldcohn.law@verizon.net
Members:
Co-Chair: Bruce Weiner
26 Court Street
Brooklyn, NY 11242
(718) 855-6840
rmwlaw@att.net
Co-Chair: Andrew M. Fallek
1 Battery Park Plaza, 32nd Floor
New York, NY 10004
212-797-4700
afallek@gmail.com
Members:
Hon. Alice F. Rubin
Matches mentors and mentees to participate in mentoring programs and arranges substitive programs,
luncheons and dinner events.
Chair: Richard Klass
(718) 643-6063
Daniel R. Antonelli
Andrew M. Ayers
Andrea E. Bonina
Ene Crooks
Lara Genovesi
Ethan B. Gerber
Adam Kalish
Noah Levenson
Roy A. McKenzie
David Pantaleoni
Hemalee J. Patel
Diana J. Szochet
Stephen Williamson
MILITARY LAW COMMITTEE
Chair: Charles L. Emma
8410 3rd Avenue, 2nd Floor
(718) 232-3001
lawfirmnyc@aol.com
Abayomi Ajaiyeoba
Marc Aronson
Andrew Bokser
Joseph R. Costello
Joseph H. Dirks
Barry Feerst
Randi L. Karmel
Doron Leiby
Paul V. Nuccio
Aimee L. Richter
Zvi Storch
Frank T. Strafacci
PRO BONO COMMITTEE
MENTOR PROGRAM COMMITTEE
Members:
Steven D. Cohn
Michael Farkas
Ira Greene
Hon. John G. Ingram
Leo J. Kimmel
Michael F. King
Hon. Joseph S. Levine
Hon. Reinaldo E. Rivera
Daniel Antonelli
Heather Carpenter
Sidney Cherubin
Charles E. Coleman
Brian Doyle
Mary Jo Eyster
Robin N. Goeman
Adam Kalish
Alexander Keblish
Martin S. Needelman
Robert Selya
James P. Slattery
Hon. Ellen M. Spodek
Emily Sweet
Diana J. Szochet
Bruce Weiner
PROFESSIONAL ETHICS COMMITTEE
Promotes and maintains ethical standards and
answers all inquiries pertaining thereto.
Chair: Gregg X. Fonti
Fonti & Fonti
8516 - 23rd Avenue
(718) 837-0677
greggxfonti@earthlink.net
Members:
Barbara Gonzo
Souren Israelyan
Randi Karmel
Bryan Kolb
Joanna J. Lambridis
Edward Vilinsky
Stephen Williamson
Continued from page 1
clients, who look at positive reviews as validation of your abilities. Keep in mind that
having members of your firm write positive
reviews about the firm while posing as satisfied clients should be avoided. This practice,
also called astroturfing, is a service offered
by some unscrupulous marketing agencies to
help their clients. Last year, New York Attorney General Schneiderman announced a settlement agreement with 19 search marketing
companies to stop writing fake online reviews. The companies had to pay several
hundred thousand dollars in fines for their
activities. Yelp also sued a San Diego bankruptcy law firm for astroturfing, in violation
of several California laws in addition to
Yelp’s terms of service.
Remember: No matter whether you or a
third-party Internet marketing agency is engaging in activity online on your firm’s behalf, you are ultimately responsible. An attorney cannot outsource his or her ethical obligations. So, be aware of what your marketing agency is doing for your firm online.
Knowing is half the battle!
Some additional tips:
• When sending marketing emails, the subject
line must include “ATTORNEY ADVERTISING”
• Your website needs to contain your firm
name, office address, and phone number
• You cannot feature client testimonials
from clients on pending matters
• You cannot represent that you are the
“top” or “best” attorney on your website,
online advertisements, or even in your
website URL
_____________________________
Andrew Cabasso is an attorney, BBA member, and co-founder of JurisPage, a law firm Internet marketing agency. He is the author of
Search Engine Optimization for Lawyers and
The Complete Guide to Attorney PPC.
Learn more about the ethics of online
marketing at the BBA. On Thursday, January
15, 6-8p.m. at the BBA, The Computer
Technology Committee presents “Ethical
Considerations in Online Marketing for Law
Firms,” a CLE seminar offering 2 ethics
credits, featuring Andrew Cabasso.
RESPECTFULLY SUBMITTED
ful volunteer lawyer programs in the country.
Heidi is taking the reigns as the VLP is in the
process of moving from its current space on the
second floor of the BBA to much larger offices at
44 Court Street. The move is targeted for December First of this year. The BBA and the VLP owe
a debt of gratitude to Second Vice President, the
Hon. Frank Seddio for aiding the VLP in their
search for space that can adequately handle their
growing staff and needs. Although sad to see
them go, we are so happy that what was once a
small upstart committee started by BBA Past Presidents Hon. Miriam Cyrulnik, Mark Longo and
Ross Branca has now grown into such an amazingly successful program. We wish the VLP the
best of luck at their new location.
I recently completed the task of making committee and section assignments. A list of Committee and Section Chairs and members is available on the BBA website. I strongly encourage
those of your who have volunteered your time to
serve on these committees and sections to reach
out to your respective chairpersons and ask how
you can get more involved. Committees and sections are expected to sponsor at least one CLE program and submit one Barrister article each year.
If you have not already communicated with the
chair of your committee or section, please pick up
the phone today and call them. I can’t tell you
how many attorneys approach me every week and
ask how they can get more involved at the BBA or
how they start the process of working their way toward leadership positions. My answer is always
the same – get involved with a Committee or Section and make an impact. From writing articles
for the Barrister to presenting CLE’s, there are
great opportunities available for those of you who
want to contribute and want to get involved. Our
new Editor in Chief, Anthony Lamberti would be
only so happy to review your articles for inclusion
in the Barrister, and our new CLE Director
Danielle A. Levine is always looking for new
ideas for interesting and informative CLE programs. So if you’re looking to get more involved
or looking to raise your profile here at the Brooklyn Bar Association and get noticed, pick up the
phone or send an email to Anthony, Danielle or
one of the many Committee and Section Chairs.
As most of you know, the Brooklyn Bar Association is charged with the task of screening judicial
candidates for the Supreme and Civil Courts here in
Kings County. These screenings are conducted
through the BBA Judiciary Committee which is
Chaired by BBA past President Andrew M. Fallek.
The committee, which is comprised of 30 members
of our association, holds several joint meetings with
the City Bar Judiciary Committee each year in the
late summer and early fall. These marathon meetings often go late into the evening. Under Past
President Fallek’s leadership, the Judiciary Committee recently completed the task of screening all
candidates for the Kings County bench who submitted applications. Because there were a large
number of seats available this year, the screening
process this year required a great deal of hard work
and effort. I want to thank Andy and all members
of the Judiciary Committee for their hard work and
dedication. I can’t stress how important it is for our
Association to have such an important say in the judicial election process.
Until next month, I wish you all well.
A Bill Becomes a Law: Referee Protection Act
suits, they agreed to cancel all previous
issued notices and to implement all the
interest and penalties beginning in January
of 2013. It seems that they went back on
doing that, but the issue remained.
I wanted to check the process and personally went to the Municipal Building to
file a deed. I went to clock the deed and was
told that due to budget constraints that many
deeds were not clocked in when filed but instead, went into a big box and would be
processed when they got around to it. So the
city was holding referees for late filing
when in fact no one could determine when
the deed was actually filed.
When I spoke to Richard Gutierrez Esq.,
President of the Queens County Bar Association and the then President of the New York
State Bar Association, and to retired Judges
and many attorneys, all were going to stop
acting as referees because they feared having
judgments enacted against them by the City.
I decided to contact Assemblyman
Joseph Lentol, Chair of the Codes Committee and Senator Martin Goldin. Not easy.
You need a Democrat sponsor in the Assembly and a Republican sponsor in the Senate.
But we succeeded. Assembly Bills A 1582A Lentol and 5-3479 Goldin, amending the
tax law were filed.
After introduction and many conference
calls and discussions with Counsel to committees, the following is a history of this
legislation.
Finally, on September 23, 2014, Governor Cuomo signed the law to prevent referees or sheriffs from being held liable for
interest or penalties on transfer taxes to be
paid on deeds filed in their capacity as referee and sheriffs, pursuant to a judgment of
foreclosure and sale.
I also thank the clerks and Judges in the
Supreme Court of Kings County, who before the bill was signed, began to put that
language into their foreclosure judgment.
PUBLIC RELATIONS COMMITTEE
Promotes a better understanding of the lawyer’s role
in the community; friendly cooperation between
press and bar; considers statements in the press affecting the Association, bench and bar.
Chair:
Members:
Alan Podhaizer
601-A Surf Avenue, #22C
Brooklyn, NY 11224
(718) 946 4140
canalstreet@juno.com
Dean Delianites
Adam Kalish
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Anthony M. Vassallo
REAL PROPERTY SECTION
(Includes Condemnation, Landlord & Tenant Cooperatives and Condominiums) Arranges substantive
programs and sponsors luncheon and dinner events.
Chair:
Mark J. Caruso
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Vice-Chair: Dayrel Sewell
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Members:
Judith Aarons
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Justin Auslaender
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Mary Callaghan
Stephen D. Chiaino
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Lawrence D. Giovanna
John D. Famulari
David Fultz
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Michael Goldberg
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SPECIAL EVENTS COMMITTEE
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SUPREME COURTS COMMITTEE
Considers the practical workings of the Supreme
Court, Civil and Criminal Divisions and the Appellate Courts. Also considers and investigates any complaint against an attache thereof.
Co-Chair: Hon. Ellen Spodek
360 Adams Street, Room 381
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347-401-9018
espodek@nycourts.gov
Co-Chair: Rebecca Woodland
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Vice Chair: Hon. Mark Partnow
360 Adams Street, Room 476
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mpartnow@nycourts.gov
Vice Chair: Hon. Reinaldo E. Rivera
Appellate Division, 2nd Dept.
45 Monroe Place
(718) 722-6492
Vice Chair: Hon. Arthur M. Schack
360 Adams Street
(347) 296-1518
mail to: aschack@nycourts.gov
Members:
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Brian J. Burstin
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Hon. Jules Spodek
Hon. David B. Vaughan
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TAXATION COMMITTEE
Considers all matters relating to taxation.
Chair: Eugene L. Stoler
60 West 13 Street
(212) 685-7215
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Vice-Chair: Michael S. Daiell
1401 Ocean Avenue,Lobby Ste. A
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Members:
Chair: Michael Gruber
Brecher,Fishman,Pasternack, etal
335 Adams Street, 27th Floor
(718) 222-9800
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Members:
TORT LAW SECTION
Chair: John Lonuzzi
(718) 935-1010
lonuzzi@aol.com
Vice Chair: Hon. Donald Scott Kurtz
360 Adams Street
(347) 401-9047
dkurtz@nycourts.gov
Vice-Chair: Steven Jeffrey Harkavy
Brooklyn, NY 11201
(718) 250-1100
mailto:dk@nycourts.gov
Members:
SURROGATE’S COURT COMMITTEE
Chair: Hon. Bruce M. Balter
320 Jay Street Brooklyn
NY 11201
(347) 296-1842
bbalter@nycourts.gov
Vice Chair: Frank T. Strafaci
569 Bay Ridge Parkway
(718) 748-4848
ftsesq@aol.com mailto:ftesq@aol.com
Louise S. Albenda
Daniel Antonelli
Summerfield Baldwin
James H. Cahill, Jr.
Gregory Cannata
Michael S. Daiell
Dominic J. Famulari
John D. Famulari
Steven R. Finkelstein
Maureen P. Fonti
Paul S. Forster
Richard H. Freeman
Helen Z. Galette
Armena D. Gayle
Susanne Gennusa
William J. Giordano
Charles Goldfarb
Charles E. Gordon
Joseph G. Kenny
Cheryl Kinch
Ira Kopito
Anthony Lamberti
Joan C. Lenihan
Roy A. McKenzie
Ira K. Miller
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Lisa S. Outeda
Vlad Portnoy
Elisa Rosenthal
Marcel A. Sager
Barton Slavin
Paula J. Styles
Hon. Margarita Lopez Torres
Considers desirable changes and reforms in substantive law and procedures in the law of Worker’s Compensation.
Dewey Golkin
Paul A. Golinski
Anthony Lamberti
(Includes Insurance, Compensation & Negligence)
Arranges substantive programs and sponsor luncheon
and dinner events.
Considers the practical workings of the court and investigates complaints against any attache thereof and
complaints relating to decedents’ estates.
Members:
WORKER’S COMPENSATION
COMMITTEE
Henry J. Achiron
John Bonina
Andrea E. Bonina
Gregory Cannata
Vincent Chirico
Gregory B. Coburn
Rosario Marquis D’Apice
Dean G. Delianites
Leslie J. Drossman
Andrew M. Fallek
Jason Friedman
Hon. Robin Garson
Ethan B. Gerber
Angelo Giordano
Victor Goldblum
Rory Greebel
Marc J. Held
Ronald E. Joseph
Bonnie Kurtz
Nina L. Kurtz
Gregory M. LaSpina
Betty Lugo
Nicholas Mamounis
Dino Mastropietro
Jeffrey Miller
Joseph Monaco
Theodore Pavlounis
Manuel A. Romero
Joseph S. Rosato
Hon. Karen B. Rothenberg
Karen Goldberg Sager
Charles Siegel
Sheldon Siporin
Sheldon Siporin
Barton Slavin
Charles M. Sporn
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Deborah A. Trerotola
Rebecca Woodland
Donald M. Zolin
UNLAWFUL PRACTICE OF THE
LAW COMMITTEE
Investigates and prosecutes the unlawful practice of
the law by corporations or individuals.
Chair: Gregg X. Fonti
Fonti & Fonti
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Members:
Armena D. Gayle
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Hon. Arthur M. Schack
Thomas S. Bellone
Elliot Feit
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Brigette Renaud
YOUNG LAWYERS SECTION
Sponsors substantive programs and social events.
Chair: Daniel Antonelli
New York, NY 10007
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Vice-Chair: Adam Kalish
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Members:
Ibrahim Abohamre
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Cara Ben
Grace M. Borrino
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Robert Selya
Dayrel Sewell
Michelle Shaganov
Nissan Shapiro
Zvi Storch
Michael Treybich
Alexis Vigilante
OCTOBER/NOVEMBER
APPELLATE DIVISION, Second Department — August 2014
By: Shana De Caro, Esq.
PROCEDURE
Amended Notice of Claim
Murtha v. Town of Huntington, 2014 NY Slip
Op. 05633 (8/6/14)
Leave to amend a Notice of Claim was denied
where plaintiff included an incorrect location in
the original Notice of Claim and attempted to
correct it eight months after the original service.
The “plaintiff’s incorrect information as to the
accident location prejudiced the County in its
ability to conduct a prompt and meaningful investigation of the accident site.” This is especially true where the County had notified the plaintiff it did not own or maintain the crosswalk originally alleged in the notice of claim shortly after
its receipt. The court found it insignificant there
were photographs attached to the original notice
of claim of an unidentified crosswalk, and that
the defect was essentially unchanged since the
date of the accident.
Leave to Amend Summons and
Complaint
Roseman v. Baranowski, 2014 NY Slip Op.
05635 (8/6/14)
Plaintiff’s motion for leave to serve a supplemental summons and amended complaint
was granted adding an additional doctor as a
defendant. Plaintiff’s decedent underwent a
colonoscopy at defendant facility, and was then
admitted to the defendant hospital for internal
bleeding. She was discharged but readmitted
three days later with additional bleeding, and
deteriorated until she died. Plaintiff commenced an action against the physician who
performed the colonoscopy, and the hospital,
and then commenced a separate action against
the Internal medicine physicians, two other
physicians and consolidated the actions. Following depositions, plaintiff moved for leave to
add an additional physician as a defendant, arguing he was “united in interest” with the original defendants. The court agreed. Both claims
arose out of the same conduct and he knew or
should have known that but for a mistake he
should have been brought into the original action. The key question on the relation back doctrine is whether the new defendant had notice
within the applicable limitations period. There
was clear reference to the additional defendant
within the hospital records that indicated he
discharged the decedent from the hospital.
Late Notice of Claim
Kellman v. Hauppauge Union Free School
Dist. 2014 NY Slip Op 05844 (8/20/14)
The Court granted plaintiff’s motion to
serve a late notice of claim where the defendants had actual knowledge of the facts and the
legal theories within the 90-day statutory period even absent a reasonable excuse for the
delay. Infant plaintiff had sustained an injury at
school and was not to participate in gym activities until after a medical re-evaluation. School
personnel, including the coach and nurse knew
of this, but the coach directed the infant plaintiff to participate and he sustained another injury. The coach filled out an accident report
signed by the nurse and the principal. The
coach admitted his actions and that he should
not have done it, and that he would probably be
fired under the circumstances. There was no
prejudice to the defendants.
Special Duty
Benn v. NY Presbyt Hosp. 2014 NY Slip Op.
05615 (8/6/14)
Infant plaintiff was legally crossing the
street within the crosswalk under the supervision of a crossing guard. Defendant ambulance, responding to an emergency struck her.
The court found summary judgment was inapposite to both the ambulance defendants and
the city. Defendant hospital (owner of ambulance) failed to establish its prima facie entitlement to judgment, finding “[T]he reckless dis-
regard standard of care in Vehicle and Traffic
Law §1104(e) only applies when a driver of an
authorized emergency vehicle involved in an
emergency operation engages in the specific
conduct exempted from the rules of the road by
Vehicle and Traffic Law §1104(b). Any other
injury-causing conduct of such a driver is governed by the principles of ordinary negligence.”
Failing to yield the right of way to a pedestrian
in a crosswalk is not exempted conduct. The
ambulance defendants had a duty to yield the
right of way to pedestrians within a crosswalk.
Testimony revealed that the ambulance did not
slow down and the driver testified his view was
obstructed. The court found that the City defendants failed to establish the lack of a “special relationship” between the plaintiff and the
crossing guard. The crossing guard’s testimony indicated she saw what was happening and
knew “that she needed to stop the kid” and
blew her whistle and put up her hand indicating
the plaintiff should stop. Summary judgment
was not granted to either defendant.
disappearance of such evidence, spoliation
sanctions are inappropriate.”
Premature Motion for Summary
Judgment
Calabro v. Harbour at Blue Point Home Owners Assn., Inc. 2014 NY Slip Op. 05620
(8/6/14)
Plaintiff was allegedly injured when she
slipped and fell on black ice in the parking lot
of a townhouse complex. Defendants, owners
and management company, failed to meet their
burden of establishing they neither created nor
had actual or constructive notice of the condition. Further, the management company failed
to submit a copy of the management agreement
which would establish the limits of their responsibility. Summary judgment was denied to
all defendants as triable issues of fact existed
whether the condition was visible and apparent
and whether it existed for a sufficient length of
time to have been discovered and corrected by
defendants.
Johnson v. Richardson et al., 2014 NY Slip Op.
05956 (8/27/14)
A motor vehicle accident occurred at an intersection between plaintiff’s vehicle and one
owned by defendant U-Haul of Arizona and operated by defendant Richardson. Prior to pretrial
discovery the plaintiffs (operator and passengers)
moved for summary judgment on liability. The
court denied the motion as a “party opposing
summary judgment is entitled to obtain further
discovery when it appears that facts supporting
the opposing party’s position may exist but cannot then be stated.” Defendant U-Haul asserted
that although it had no personal knowledge of the
events, it required depositions to ascertain
whether the accident was “staged” by the plaintiffs and defendant operator.
Preclusion
Hughes v. Brooklyn Skating, 2014 NY Slip Op
05951 (8/27/14)
Where there were multiple discovery orders, a preclusion order for automatic preclusion unless discovery was provided, and plaintiff failed to comply but moved over two years
later to restore an action to the court calendar,
the conditional order became absolute and the
complaint was dismissed. To be relieved of the
adverse impact of a conditional order, plaintiff
had to demonstrate a reasonable excuse and a
potentially meritorious cause of action. Failure
to do so resulted in dismissal.
Change of Venue
Deas v. Ahmed, 2014 NY Slip Op 05945
(8/27/14)
Plaintiff commenced this action in Kings
County. Defendant’s motion to change venue
was denied as it failed to demonstrate that
plaintiff’s choice was improper when the action
was commenced. The fact that the police accident report showed that plaintiff maintained a
residence in New York County at the time of
the accident, two years prior to filing the complaint was insufficient.
EVIDENCE
Spoliation
Eremina v. Scparta, 2014 NY Slip Op 05834
(8/20/14)
Defendant’s motion to preclude plaintiff’s
introduction of certain MRI reports was modified to compel plaintiffs to produce the MRI
films or provide an affidavit they did not have
possession or control of the films or reports.
There was evidence that the company that performed the radiological review of the films was
no longer in business and could not be located.
Plaintiff had provided defendants with an authorization but couldn’t produce the original
films. “Where a party did not discard crucial
evidence in an effort to frustrate discovery, and
cannot be presumed to be responsible for the
Biniachvili v. Yeshivat Shaare Torah, Inc., 2014
NY Slip Op 05826 (8/20/14)
The court struck defendant’s answers where
the 30 infant plaintiffs were directed by their
teachers to stand on an exterior grate which
then collapsed, causing them to fall 11 feet and
sustain injuries. The plaintiffs had demanded
that defendant preserve the grate and make it
available for inspection, but were informed it
had been removed and disposed of prior to that
time. As the defendant knew of this demand
and plaintiffs established that they were unduly
prejudiced by the gate’s destruction, the proper
remedy was to award summary judgment to
plaintiff.
SUMMARY JUDGMENT
Slip and Fall
Gorenkoff v. Nagar, 2014 NY Slip Op 05626
(8/6/14)
Plaintiff’s motion for summary judgment
was denied where there was a conflict in testimony. Plaintiff failed to establish that he was
free from comparative fault. Plaintiff alleged
that as he was exiting a taxi the vehicle suddenly moved and he was struck. Defendant
driver testified that the plaintiff asked him to
stop at the curb, and as he was complying the
plaintiff opened the door and attempted to exit
while the vehicle was still moving.
Motor Vehicle Accident
Cattan v. Sutton, 2014 NY Slip Op 05764
(8/13/14)
The Konstantinovsky defendants’ motion
for summary judgment was denied where the
court found there were questions of fact. Infant
plaintiff was allegedly injured when the vehicle
in which he was a rear seat passenger (defendant Sutton vehicle) was involved in a collision. A driver is bound to see what there is to be
seen through the proper use of his senses even
where he has the right of way. There can be
more than one proximate cause of an accident.
The movant on a summary judgment motion
must establish freedom from comparative fault
as a matter of law. Even though he had the right
of way defendant could not establish his actions did not contribute to the happening of the
accident and that the co-defendant’s negligence
was the sole proximate cause of the accident.
Amador v. City of NY, 2014 NY Slip Op 05758
(8/13/14)
Plaintiff’s vehicle was struck in the rear and he
moved for summary judgment. The deposition
transcript of defendant driver raised issues of fact
whether plaintiff came to an abrupt stop for no apparent reason as he was approaching the intersection with a light in his favor. This raised questions
on comparative fault of plaintiff and precluded the
grant of summary judgment.
Municipal Liability
Dixon v. City of NY, 2014 NY Slip Op 05946
(8/27/14)
Discretionary government action may not
be the basis for liability. The adult son of plaintiff called 911 for assistance. Plaintiff was 38
weeks pregnant and bleeding. A Basic Life
Support (BLS) ambulance arrived in response.
The EMTs requested an Advanced Life Support
(ALS) ambulance which arrived a few minutes
later. Plaintiff was given an IV and transported
to the hospital where an emergency C Section
was performed. Plaintiff alleged negligence for
dispatching the wrong type of ambulance and
delay in transport caused by EMT personnel.
The court found that the allegedly negligent actions of the dispatcher, the EMT’s and the paramedics were discretionary and could not be the
basis for liability.
Barragan v. City School Dist. of New Rochelle,
2014 NY Slip Op 05934 (8/27/14)
Plaintiff, high school student, went to the
school nurse after cutting his finger in architecture class. She instructed him to wash it while
unattended and then he remained standing
while she dabbed it with alcohol and bandaged
it. While being attended to he fell and struck
his head. Plaintiff claimed that failing to properly supervise him in loco parentis caused the
injuries and that the nurse departed from good
and accepted conduct in failing to review his
medical chart which indicated he had a history
of fainting. Defendant’s motion was denied as
it failed to eliminate triable issues of fact
whether the school was on notice of his history
and whether the plaintiff informed the nurse he
was feeling lightheaded.
Labor Law
Karanikolas v. Elias Taverna, LLC, 2014 NY
Slip Op 05774 (8/13/14)
Plaintiff was allegedly injured when he fell
from a 6 foot ladder while performing construction work in a building owned by defendant 20 John Street, and leased by defendant
Elias Taverna. Plaintiff’s motion for summary
judgment, based upon Labor Law §240(1), was
denied as there were questions of fact. “The
mere fact that a plaintiff fell from a ladder does
not, in and of itself, establish that proper protection was not provided.” There must also be
evidence that the ladder was defective or inadequately secured which was a substantial factor
in causing the plaintiff’s injuries. Defendants
raised a question of fact whether the ladder was
defective or inadequately secured, precluding
summary judgment. Defendant’s motion for
summary judgment on the Labor Law §241(6)
cause of action was granted because the sections of the Industrial code listed were not specific enough or inapplicable to the facts. Similarly, defendant lessee’s motion for summary
judgment on the Labor Law §200 claim was
granted because it established the lack of authority to control the manner of work and it did
not lend plaintiff the ladder. Defendant owner’s
motion for contractual indemnification was
granted because the lease contained an indemnification clause which was not invalidated by
GOL §5-321, because the purpose of the clause
was “not to exempt the lessor form liability to
the victim, but to allocate the risk of liability to
third parties between the lessor and the lessee.”
Defendant lessee’s motion for summary judgment dismissing cross-claims of defendant
owner and counterclaim of third-party defendant contractor were granted because it established it was not negligent and didn’t have the
authority to “direct, supervise, or control the
work giving rise to the injury.”
Carrasco v. Weissman, 2014 NY Slip Op 05762
(8/13/14)
Plaintiff was installing plate glass windows
with a co-worker in a building under construction. They jointly lifted the glass (while plaintiff was on the ground and co-worker on a ladder) and plaintiff was injured when he tripped
or stepped on a brick, causing the glass to split
in half, striking him. The general contractor
and owners moved for summary judgment
based upon collateral estoppel from the dismissal of the co-worker’s cause of action.
Plaintiff was not a party to that action so collateral estoppel was inapplicable. Defendants’
motions for summary judgment on Labor Law
§241(6) and §200 were denied because there
were triable issues of fact whether the contractor had control, and the contractor failed to establish whether it had actual or constructive noPlease turn to page 10
APPELLATE DIVISION,
Second Department —
August 2014
tice of the alleged dangerous condition. The
cause of action on §240(1) was dismissed because the plaintiff’s expert opinion was conclusory and did not opine on the necessity of any
safety device.
Van Blerkom v. American Painting, 2014 NY
Slip Op 05858 (8/20/14)
from a scaffold supplied by defendant painting
subcontractor, while performing electrical installation. Defendant asserted it was not a statutory
agent of the general contractor and was not liable
although it acknowledged it supplied a defective
scaffold. “Where the owner or general contractor
does in fact delegate the duty to conform to the requirements of the Labor Law to a third-party subcontractor, the subcontractor becomes the statutory agent of the owner or general contractor.” Liability was imposed because the owner was the
statutory agent and could supervise and control the
work being performed. Plaintiff’s motion for
summary judgment on Labor Law §§240(1) and
241(6) was granted.
Przyborowski v. AM Cook, 2014 NY Slip Op
05852 (8/20/14)
while descending an unsecured, closed A-frame
ladder. The upper level of the building was also
accessed by a concrete staircase, but plaintiff was
not instructed to use one method over the other.
The court dismissed the Labor Law §200 claim
because the general contractor had no authority
to supervise or control. The court granted plaintiff’s motion for summary judgment based upon
Labor Law §240(1) because no one instructed
plaintiff he was “expected” to use the staircase
rather than the ladder and there was evidence that
other workers also used this method rather than
the stairs. Plaintiff’s failure to identify the specific provision of the Industrial Code violated
within the complaint or bill of particulars was not
fatal, because Plaintiff’s belated allegations involved “no new factual allegations, raised no
new theories of liability, and cause no prejudice”,
and therefore defendant’s motion for summary
judgment was denied.
Cruz v. Cablevision Sys. Corp. 2014 NY Slip
Op 05943 (8/27/14)
Plaintiff was removing a roof and installing a
new one, when he fell and injured himself. There
was a “perimeter warning system” in place which
comprised stanchions with rope strung between
them and flags. Another person served as a safety
monitor. The warning system was six feet from
the edge of the roof. Plaintiff was working about
1 ½ feet from the edge when he fell. Plaintiff’s
motion for summary judgment on the Labor Law
§240(1) cause of action was granted as against the
owner, lessee, and general contractor, as that
statute imposes a non-delegable duty to provide
safety devices. Plaintiff was not provided with
safety lines, harness or guardrails, in violation of
this statute. “Labor Law §240(1) is a self-executing statute which, contains its own specific safety
measures, the violation of which provides an independent legal basis for liability, regardless of
whether there was compliance with federal regulations or general industry standards.” Summary
judgment was granted only to defendant owner on
the Labor Law §241(6) claim as the Industrial
Code provisions upon which plaintiff relied either
do not apply or were general safety regulations.
Summary judgment was also granted on the Labor
Law §200 claim. These claims were not dismissed
as to the lessee and contractor as they failed to establish they lacked the authority to supervise or
control the work.
Medical Malpractice
Garrison v. Quirk, 2014 NY Slip Op 05947
(8/27/14)
Defendant physician’s motion for summary
judgment was denied. The experts did not examine plaintiff’s decedent but relied solely on
medical reports and records not annexed to the
motion papers. The defendants contended they
provided the court with a CD-R which contained the records, but there was no proof they
were properly certified or readable, and the
court was not required to locate previously submitted documents (on another motion) in considering subsequent motions.
Roll Call
NEW TRIAL
Ki Tak Song v. Oizumi, 2014 NY Slip Op 05775
(8/13/14)
A new trial was ordered where the jury had
made a mistake on a verdict sheet and the judge
had the court officer give them a second jury
sheet without advising counsel or seeking
counsels’ input on the procedures to be employed. The first verdict sheet demonstrated
there was confusion and was inherently inconsistent, even though there were no inconsistencies in the second verdict sheet. The jury found
the defendants were negligent but found the
negligence was not a substantial factor in causing the accident. The court found that due to
the markings on the first sheet the jury might
have been confused on the meanings of “substantial factor” and “Fault.”
SHANA DE CARO
De Caro & Kaplen, LLP
427 Bedford Road
Pleasantville, NY 10570
shana@brainlaw.com
914-747 4410
Shana De Caro is the Vice President of the
American Academy of Brain Injury Attorneys,
Chair of the American Association for Justice,
Traumatic Brain Injury Litigation Group, Secretary of the Civil Justice Foundation, Board of
Trustees and on the Advisory Board of the Interstate Busing Litigation Group. She is a member of the Board of Directors of the New York
State Academy of Trial Lawyers and an elected
Fellow of the Melvin Belli Society. Shana is an
elected Fellow of the Litigation Council of
America.
She is Amicus Counsel, New York State
Academy of Trial Lawyers, is a member of the
Academy’s Judicial Screening Committee, and
a member of the PJI Committee, and serves as
Editor of the New York Academy of Trial
Lawyers, monthly legal update. Shana has presented at Ground Rounds, Mt. Sinai Medical
Center, Department of Emergency Medicine
on issues of medical malpractice, and the annual update on Medical Malpractice for the
New York State Academy of Trial Lawyers. She
is a member of the Professional Liability Section of the American Association for Justice
and is an active participant in the Birth Trauma
Litigation Group of the American Association
for Justice, the Interstate Trucking Litigation
Group of the American Association for Justice
and the Nursing Home Litigation Group.
Shana is the lead author of Psychiatric Clinics of North America, “Current Issues in Neurolaw” Traumatic Brain Injury: Defining Best
Practice, Psychiatric Clinics of North America,
December 2010, Vol. 33, No. 4.
Shana co-authored New York Law Journal,
“Traumatic Brain Injuries: Detecting, Defining,
Litigating,” Outside Counsel Column, July 28,
2011 p.4.
She has served as a member of the Medical
Malpractice Review Panels in New York State
and is a former law secretary to a Justice of the
Supreme Court, Kings County. She was a member of the Executive Committee-Chappaqua
PTA Special Education Pre-K through 12th
Grade.
She has been selected for inclusion in
Who’s Who of American Women and Who’s
Who in American Law and named one of the
top 100 trial lawyers in New York by the American Trial Lawyers Association and was elected
an Elite Lawyer, and selected as a New York
Super Lawyer.
The Following Attorneys Were Disbarred By Order Of The Appellate
Division, Second Judicial Department:
Guy G. Giuliano (April 2, 2014)
On December 20, 2012, the respondent
pleaded guilty in the Supreme Court, Kings
County, to Grand Larceny in the First Degree,
a class B felony in violation of Penal Law §
155.42, Grand Larceny as a Hate Crime in the
Second Degree (two counts), a class B felony
in violation of Penal Law § 155.40, Grand Larceny in the Second Degree, a class C felony in
violation of Penal Law § 155.40, Criminal Possession of a Forged Instrument in the Second
Degree (two counts), a class D felony in violation of Penal Law § 170.25, offering a false instrument for filing in the first degree (ten
counts), a class E felony in violation of Penal
Law § 175.35, falsifying business records in
the First Degree (11 counts), a class E felony
in violation of Penal Law § 175.10, and
Scheme to Defraud in the First Degree, a class
E felony in violation of Penal Law § 190.65.
By virtue of his felony convictions, the respondent ceased to be an attorney and counselor-at-law pursuant to Judiciary Law §
90(4)(a), and was automatically disbarred as of
December 20, 2012, and his name was stricken from the roll of attorneys and counselors-atlaw pursuant to Judiciary Law § 90(4)(b).
•••
Eric S. Edelstein (April 2, 2014)
On December 14, 2006, the respondent
pleaded guilty in the Supreme Court, New
York County (Obus, J.) to one count of criminal possession of a weapon in the third degree,
a class D violent felony, in violation of Penal
Law § 265.02(4). By virtue of his felony conviction the respondent ceased to be an attorney
and counselor-at-law pursuant to Judiciary
Law § 90(4)(a), and was automatically disbarred as of December 14, 2006, and his name
was stricken from the roll of attorneys and
counselors-at-law pursuant to Judiciary Law §
90(4)(b).
•••
James P. Duffy, III, admitted as James
Peter Duffy, III (April 2, 2014)
Following a disciplinary hearing, the respondent was found guilty of engaging in conduct that adversely reflects on his fitness as a
lawyer (two counts); failing to maintain complete records of all funds of a client or third
person coming into his possession, or to render
appropriate accounts to the client or third person (two counts); failing to promptly pay or
deliver to a client or third person, as requested
by the client or third person, funds in his possession that the client or third person was entitled to (two counts); and misappropriating
funds belonging to another, which came into
his possession incident to his practice of law.
•••
Randall Miles Cutler (April 9, 2014)
On October 1, 2013, the respondent pleaded guilty in the Supreme Court, Westchester
County (Neary, J.) to one count of Criminal
Possession of a Weapon in the Third Degree, a
class D violent felony, in violation of Penal
Law § 265.02(5)(i). By virtue of his felony
conviction the respondent ceased to be an
attorney and counselor-at-law pursuant to Judiciary Law § 90(4)(a), and was automatically
disbarred as of October 1, 2013, and his name
90(4)(b).
•••
Mengfei Yu (April 9, 2014)
On April 2, 2013, the respondent pleaded
guilty before the Honorable Robert P. Patterson in the United States District Court for the
Southern District of New York to Immigration
Fraud, in violation of 18 USC § 1546, and
Conspiracy to Commit Immigration Fraud, in
violation of 18 USC § 371. The Appellate Division held that the federal felony of Immigration Fraud is “essentially similar” to the New
York felony of Offering a False Instrument for
Filing in the First Degree, in violation of Penal
Law § 175.35. By virtue of her felony conviction, the respondent ceased to be an attorney
and counselor-at-law pursuant to Judiciary
Law § 90(4)(a), and was automatically disbarred as of April 2, 2013, and her name was
stricken from the roll of attorneys and counselors-at-law pursuant to Judiciary Law §
90(4)(b).
•••
Merrill N. Rubin, admitted as Merrill
Neil Rubin (April 9, 2014)
On January 23, 2013, the respondent pleaded guilty in the County Court, Rockland County (Apotheker, J.) to Criminal Tax Fraud in the
Third Degree, a class D felony, in violation of
Tax Law § 1804. By virtue of his felony conviction, the respondent ceased to be an attorney and counselor-at-law pursuant to Judiciary
Law § 90(4)(a), and was automatically disbarred as of January 23, 2013, and his name
90(4)(b).
•••
Matthew P. Wattoff, admitted as
Matthew Paul Wattoff (April 9, 2014)
By order of the Supreme Court of California filed November 28, 2011, the respondent
was, inter alia, disbarred in that state. Upon
the Grievance Committee’s application to impose reciprocal discipline pursuant to 22
NYCRR 691.3, the respondent was disbarred
in New York.
•••
Nadine N. Parkes, admitted as Nadine
Nicole Parkes (April 16, 2014)
On May 13, 2013, the respondent pleaded
guilty in the County Court, Orange County
(Berry, J.) to one count of Grand Larceny in
the Third Degree, a class D felony, in violation
of Penal Law § 155.35(1). By virtue of her
felony conviction, the respondent ceased to be
an attorney and counselor-at-law pursuant to
Judiciary Law § 90(4)(a), and was automatically disbarred as of May 13, 2013, and her
name was stricken from the roll of attorneys
and counselors-at-law pursuant to Judiciary
Law § 90(4)(b).
•••
Eduard Fridman (April 30, 2014)
On August 20, 2013, the respondent pleaded guilty in the Supreme Court, New York
County (Jackson, J.) to Material Misrepresentation While Promoting the Sale of Securities,
a class E felony, in violation of General Business Law § 352-c(6). By virtue of his felony
conviction, the respondent ceased to be an attorney and counselor-at-law pursuant to Judiciary Law § 90(4)(a) and was automatically
disbarred as of August 20, 2013, and his name
90(4)(b).
OCTOBER/NOVEMBER
Roll Call
•••
Richard N. Tanenbaum (April 30, 2014)
The respondent tendered a resignation
wherein he acknowledged that he could not
successfully defend himself on the merits
against allegations of improprieties in connection with real estate transactions.
•••
Susan Odery Friedman, admitted as
Susan Eileen Friedman, a suspended attorney (May 14, 2014)
The respondent was disbarred, on default,
upon a finding that she was guilty of, inter alia,
converting funds entrusted to her as a fiduciary;
engaging in conduct involving dishonesty,
fraud, deceit or misrepresentation, by altering a
copy of a check and submitting the altered copy
to, among others, the Grievance Committee;
failing to produce required bookkeeping
records in response to the legitimate inquiries
of the Grievance Committee; commingling personal funds with funds belonging to another
person, which the respondent possessed incident to her practice of law; failing to maintain
funds belonging to another person, which she
received incident to her practice of law; making
cash withdrawals from her escrow account; issuing checks from her escrow account, which
failed to bear the title “Attorney Special Account,” “Attorney Escrow Account,” or “Attorney Trust Account;” and engaging in conduct
adversely reflecting on her fitness as a lawyer
by failing to comply with several rules pertaining to the management and maintenance of attorney escrow accounts.
•••
Thomas C. Sledjeski, admitted as
Thomas Sledjeski, II, a suspended attorney (May 28, 2014)
upon a finding that he was guilty of, inter alia,
conduct that adversely reflects on his fitness as
a lawyer; conduct involving dishonesty, fraud,
deceit or misrepresentation; conduct prejudicial
to the administration of justice; intentional conduct that prejudiced or damaged a client during
the course of the professional relationship;
knowingly making a false statement of law or
fact; other illegal conduct contrary to a Disciplinary Rule; suppressing evidence that a
lawyer or client has a legal obligation to reveal;
and using means in representing a client that
had no substantial purpose other than to delay
or prolong the proceeding, or cause needless
expense.
•••
Jerome Plotner (June 4, 2014)
The respondent tendered a resignation
wherein he acknowledged that he was the subject of an investigation into allegations that he
mishandled a lawsuit commenced on behalf of
a client, as well as an investigation into a dishonored escrow check. The respondent averred
that he could not successfully defend himself
on the merits against any charges which might
be predicated upon the foregoing.
•••
Derek P. McDowell, a suspended attorney (June 18, 2014)
upon a finding that he was guilty of failing to
cooperate with the Grievance Committee.
The Following Attorneys Were Suspended From The Practice Of Law By
Order Of The Appellate Division, Second Judicial Department:
Lawrence R. Mulligan (April 2, 2014)
By order of the Connecticut Superior Court,
Judicial District of Waterbury, dated August 27,
2013, the respondent, inter alia, was immediately suspended on consent in that state, pending further order of the court. Upon the Grievance Committee’s application to impose reciprocal discipline pursuant to 22 NYCRR 691.3,
the respondent was immediately suspended in
New York pending further order of the Court.
•••
William E. Gahwyler, Jr. (April 2, 2014)
By order of the Supreme Court of New Jersey filed October 20, 2011, the respondent was
publicly censured in that state. By further order
of the Supreme Court of New Jersey filed January 23, 2013, the respondent was suspended
from the practice of law for one year, effective
February 22, 2013. Upon the Grievance Committee’s application to impose reciprocal discipline pursuant to 22 NYCRR 691.3, the respondent was suspended from the practice of
law in New York for a period of one year, commencing May 2, 2014, and continuing until further order of the Court.
•••
Gregg H. Grossman (April 16, 2014)
Following a disciplinary hearing emanating
from a fraudulent real estate transaction, the
respondent was found guilty of engaging in
conduct involving dishonesty, fraud, deceit,
and misrepresentation; engaging in a conflict of
interest by permitting persons who recommended him to render legal services for another to direct or regulate his professional judgment in rendering such legal services; and engaging in conduct adversely reflecting on his
fitness as a lawyer. The evidence established
the respondent’s knowing failure to correct
misrepresentations that induced detrimental
reliance by the lender and the respondent’s failure to protect the interests of his clients, the
sellers therein. Under the totality of the circumstances, the respondent was suspended from the
practice of law for a period of two years, commencing May 16, 2014, and continuing until
further order of the Court.
•••
Alfred C. Jones, admitted as Alfred
Charles Jones (April 16, 2014)
Following a disciplinary hearing, the respondent was found guilty of misappropriating
funds belonging to another, which were entrusted to him incident to his practice of law;
engaging in conduct involving deceit and misrepresentation, and conduct prejudicial to the
administration of justice, by making false statements to the Grievance Committee (two
counts); failing to maintain accurate contemporaneous records of all financial transactions in a
ledger book or similar record; breaching his fiduciary duty, and engaging in conduct adversely reflecting on his fitness as a lawyer, by failing to review records for his escrow account to
ensure that he had adequate funds on deposit
before making a disbursement; failing to properly identify his escrow account as an “Attorney Special Account,” “Attorney Trust Account,” or “Attorney Escrow Account;” failing
to act with diligence and promptness, and neglecting one or more legal matters entrusted to
him; failing to maintain complete records regarding a client’s retainer fee and failing to render appropriate accounts to the client regarding
said fee; engaging in a conflict of interest by
entering into business transactions with a client
wherein they had differing interests and the
client expected him to exercise his professional
judgment for the client’s protection, without
advising the client, in writing, of the desirability of seeking the advice of independent counsel, and without obtaining the client’s written
informed consent to the essential terms of the
transaction; and engaging in conduct adversely
reflecting on his fitness as a lawyer by failing to
repay, in full, or in a timely manner, two loans
he solicited from a client, and failing to pay any
interest on the loans as agreed. In determining
an appropriate measure of discipline, the Court
noted, inter alia, that the respondent’s misappropriation of client funds was rectified within
a matter of days, and that the client suffered no
injury or pecuniary loss. Moreover, to the extent that the respondent made false and/or misleading statements to the Grievance Committee, he corrected same under oath. Under the totality of the circumstances, the respondent was
suspended from the practice of law for a period
of two years, commencing May 16, 2014, and
continuing until the further order of the Court.
•••
Martin L. Posner, admitted as Martin
Louis Posner (April 16, 2014)
Following a disciplinary hearing, the respondent was found guilty of breaching his fiduciary duty by failing to safeguard funds entrusted to the law firm of Posner Posner & Associates, PC incident to their practice of law
(two counts), which funds were invaded by the
respondent’s wife/partner, Jane Posner; engaging in conduct adversely reflecting on his fitness as a lawyer by reason of the foregoing;
bearing responsibility for the violation of the
disciplinary rules by another attorney, by failing to take reasonable remedial action at a time
when the consequences of such conduct could
have been avoided or mitigated; engaging in
conduct adversely reflecting on his fitness as a
lawyer by reason of the foregoing; failing to
properly identify his law firm’s escrow account
as an “Attorney Special Account,” “Attorney
Trust Account,” or “Attorney Escrow Account.” In determining an appropriate measure
of discipline, the Court was mindful that the respondent was no longer an active participant in
the law firm at the time of the underlying
events, and was not directly involved in the
subject defalcations. However, the respondent
remained a named partner of the law firm, and
an authorized signatory on the law firm’s escrow account, with attendant fiduciary obligations. Under the totality of the circumstances,
the respondent was suspended from the practice of law for a period of one year, commencing May 16, 2014, and continuing until the further order of the Court.
•••
Matthew R. Sheldon, admitted as
Matthew Ross Sheldon (April 22, 2014)
On June 17, 2013, the respondent pleaded
guilty in the United States District Court for the
Eastern District of New Jersey to one count of
Attempt and Conspiracy to Commit Wire
Fraud, in violation of 18 USC 1349, a class B.
Felony. The respondent was immediately suspended from the practice of law in New York,
pursuant to Judiciary Law § 90(4)(f), as result
of his conviction of a “serious crime,” pending
•••
Paul D. Kraft, admitted as Paul David
Kraft (April 23, 2014)
On or about May 1, 2013, the respondent pleaded guilty in the Criminal Court, New York County,
to five counts of forcible touching, a class A misdemeanor, in violation of Penal Law § 130.52. The respondent was immediately suspended from the
practice of law, pursuant to Judiciary Law §
90(4)(f), as result of his conviction of a “serious
crime,” pending further order of the Court.
•••
Carl F. Lodes (April 30, 2014)
Following a disciplinary hearing emanating
from his participation in a kick-back scheme
involving former State Senator Vincent Leibell,
the respondent was found guilty of engaging in
illegal conduct, which adversely reflects upon
his honesty, trustworthiness or fitness as a
lawyer; engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, based
upon his failure to disclose, or otherwise report,
Leibell’s demands for kick-backs; failing to
comply with his obligation as an attorney to report his knowledge of another attorney’s conduct that raises a substantial question as to that
attorney’s honesty, trustworthiness or fitness to
practice law; engaging in impermissible feesplitting with another lawyer who was not associated in the same law firm; collecting an illegal or excessive fee; and engaging in conduct
adversely reflecting on his fitness as a lawyer
based upon the foregoing. Under the totality of
the circumstances, the respondent was suspended from the practice of law for a period of three
years, commencing May 30, 2014, and continuing until further order of the Court.
•••
Ewan D. Anderson, admitted as Ewan
Derrick Anderson (May 14, 2014)
Following a disciplinary hearing, the respondent was found guilty of converting funds entrusted to him as a fiduciary, incident to his practice of
law; improperly drawing checks to “cash” from
his attorney escrow account; neglecting legal matters entrusted to him and failing to maintain
appropriate communication with his clients; and
failing to re-register as an attorney with the Office
of Court Administration. Under the totality of the
circumstances, the respondent was suspended
from the practice of law for a period of three years,
commencing June 13, 2014, and continuing until
The Following Attorneys Were Publicly
Censured By Order Of The Appellate
Division, Second Judicial Department:
Marc G. Kurzman, admitted as Marc
Geoffrey Kurzman (April 2, 2014)
By order of the Supreme Court of Minnesota dated July 16, 2010, the respondent was,
inter alia, publicly reprimanded in that state.
Upon the Grievance Committee’s application
to impose reciprocal discipline pursuant to 22
NYCRR 691.3, the respondent was publicly
censured in New York.
•••
Patrick Walter Begos (April 16, 2014)
By order of the Connecticut Superior Court,
Judicial District of Stamford, dated January 16,
2013, the respondent was publicly reprimanded
in that state. Upon the Grievance Committee’s
application to impose reciprocal discipline pursuant to 22 NYCRR 691.3, the respondent was
publicly censured in New York.
Roll Call
•••
Marc Francis, admitted as Marc Anthony Francis (April 16, 2014)
Following a disciplinary hearing, the respondent was found guilty of misappropriating client
funds for his own use and benefit; commingling
client funds with personal funds; and engaging
in conduct, which adversely reflected on his fitness as a lawyer. In mitigation, the Court considered the respondent’s previously unblemished
record, the brief time span within which the misconduct occurred, the absence of pecuniary loss
or injury to the single client whose funds were
misappropriated, the respondent’s cooperation
with the Grievance Committee, the steps taken
to prevent a reoccurrence, and evidence
of remorse, good character and the respondent’s
contributions to the community.
•••
Patricia Byrne Blair, admitted as Patricia R. Byrne (May 14, 2014)
Following a disciplinary hearing arising
from the respondent’s failure to make promised pension contributions on behalf of her employees without advising them of the same, the
respondent was found guilty of engaging in
conduct involving dishonesty, fraud, deceit or
misrepresentation (two counts) and engaging
in conduct adversely reflecting on her fitness
as a lawyer (two counts). Under the totality of
the circumstances, including the absence of venality, the respondent’s reputation for honesty
and integrity, and her significant pro bono contributions, as well as her cooperation with the
Grievance Committee and her employees having been made whole, the respondent was publicly censured.
•••
Wilson Soto (May 14, 2014)
On March 14, 2011, the respondent entered
a plea of guilty in the Yonkers City Court to a
violation of Election Law § 17-108(2), an unclassified misdemeanor. By decision and order
dated April 4, 2012, the Appellate Division
found that the respondent had been convicted
of a “serious crime” within the meaning of 22
NYCRR 691.7(b) and Judiciary Law §
90(4)(d). By the same order, the Court vacated
the respondent’s immediate suspension pursuant to Judiciary Law § 90(4)(f), resulting
from his conviction. Following a disciplinary
hearing, the respondent was found guilty of engaging in illegal conduct; engaging in conduct
involving deceit or misrepresentation; and engaging in conduct prejudicial to the administration of justice. Under the totality of the circum-
stances, including the isolated nature of the underlying conduct and the lack of harm to any
client, the respondent was publicly censured.
•••
Edward J. Toscano, admitted as Edward Joseph Toscano (May 14, 2014)
Following a disciplinary hearing, which
initially emanated from two dishonored check
reports issued as a result of bank error, the respondent was found guilty of engaging in conduct prejudicial to the administration of justice, which adversely reflects on his fitness as
a lawyer, by failing to cooperate with the
Grievance Committee; failing to maintain the
funds of a client intact, by permitting his escrow account to fall below the amount due to
the client; and conduct adversely reflecting on
the respondent’s fitness as a lawyer by reason
of the foregoing. Under the totality of the circumstances, including the isolated nature of
the respondent’s failure to maintain client
funds intact and the absence of any injury to a
client, the respondent was publicly censured.
•••
John B. Stella, admitted as John Basil
Stella (June 25, 2014)
On April 5, 2012, in the Criminal Court of
the City of New York, New York County, the
respondent pleaded guilty to failure to pay tax,
an unclassified misdemeanor, in violation of
former Tax Law § 1810. Following a disciplinary hearing, the respondent was publicly censured in light of his remorse and acceptance of
responsibility, his sentence in the criminal action of a conditional discharge, and personal
circumstances including his 1 ½ year battle
with throat and neck cancer, during which he
was required to close his law practice.
The Following Disbarred, Suspended
Or Resigned Attorneys Were Reinstated As Attorneys And Counselors-AtLaw By Order Of The Appellate Division, Second Judicial Department:
•••
Lawrence Joseph Galardi, a suspended
attorney
(April 2, 2014)
•••
Bhargavi Mudambi Thannirkulam,
voluntary resignor
(April 2, 2014)
© 2014 Brooklyn Bar Association. All Rights Reserved.

01-12_Barrister_Oct-Nov_2014 low

Transcription

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