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Fantasy Sportsin New York

BulletinB A R A S S O C I A T I O N O F E R I E C O U N T Y V O L . 5 4 | N O . 6 | F E B R U A R Y 2 0 1 6

Among the Erie Institute of Law’s upcoming offer-ings are CLE programs dealing with media relationsand real estate.

“Going Beyond No Comment: Media Relations forAttorneys” will be held on Tuesday, February 9 from4:00 until 6:00 p.m. at the Flying Bison Brewery, 840Seneca Street, Buffalo, NY 14210 (located near LarkinSquare).

Beyond No Comment (and Other Stories)

President’sLetter

Breathe inSome “Big Air”At HolimontSki DayFridayFebruary 19

K E V I N W . S P I T L E R

Back Taxes Put Kiboshon Travel Planspg 7

As I like to do in this column, it is always fun to recognizeand give a shout out to those attorneys who are going aboveand beyond in helping others. I just want to recognize theoutstanding work that has been done at St. Luke’s Missionby Mike Taheri. I know that we recognized Mike before forhis compassionate and unrelenting service on behalf of thoseserved by St. Luke’s Mission, but I feel that a reminder helpsus all realize that there is always a little bit more we can dofor those less fortunate.

Another good example of lawyers helping others is the2016 BAEC “Have a Heart” food drive. As the article in theJanuary Bulletin mentioned, for 26 years, the Bar Associationand its members have committed to helping the hungry inour community. Thank you all for helping with this one ofmany community-centered services we engage in. I knowthat this is only two of the many instances of attorneys serv-ing a community larger than the legal community. Sorry if Ididn’t mention your efforts specifically, but you know whatyou do, and you should be very proud of your efforts.

Attorneys, especially sole practitioners who are reachingthe end of their careers, need to consider and address thetransition from a full-time practice to a part-time practice orto full retirement. Those of us who ignore addressing thisissue may be injuring our clients by failing to make arrange-ments for a smooth transition to new counsel for our clients.As a sole practitioner, this is an issue that I have thoughtabout quite a bit. This is certainly not a problem for justmembers of the Bar Association of Erie County. This topic

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The ancient Greeks called it the sweet and healing medi-cine of troubles. Studies confirm it can lower your bloodpressure and raise IQ - what is this magic elixir? Art!

Now celebrating its fifth anniversary, the Lawyers for theArts fundraiser is taking its act to the Tralf, where an all-lawyer cast of musicians will trade their brief cases for guitarpics, trombones and piano keys to deliver a musical perform-ance featuring ten bands. The fifth anniversary celebrationwill be held on Saturday, February 20 at the famed TralfMusic Hall located at 622 Main Street in Buffalo from 2:00until 6:00 pm.

Lawyers for the Arts Schedule Fifth Anniversary ShowSandra K. Cassidy is chairing this year’s event.

A blues singer, Cassidy began her career in pro-fessional musical theatre and with a Rochesterjazz band.

“The goal of Lawyers for the Arts this year is toraise $30,000,” Cassidy says, noting that the pro-ceeds support local arts groups through a programcalled Give For Greatness (G4G).

Ten bands are assembled and musician-attor-neys include Cassidy, a trial attorney whose musi-cal credits include the NYC stage; Joseph L.Nicastro, who played an opener in London toPaul McCartney; business lawyer Kenneth W.Africano, a professional jazz and blues pianist;keyboardist David W. Reitz; Jim Peterson;Michael C. Scinta; Stuart B. Shapiro; JudgeThomas P. Franczyk; trombonist JusticeFrederick J. Marshall and many others. Newmusicians include Christopher J. Belling from the

Erie County DA’s office; Loran M. Bommer; Jay Organekand singer Kelly Vacco, who will perform a show biz set withLucille Dadd.

Event sponsors will receive tickets along with many levelsof advertising. Sponsors can donate atgiveforgreatness.org/events, by calling Cassidy at 803-9727or simply by mailing a check payable to Arts ServicesInitiative to 95 Perry Street, Suite 402, Buffalo NY 14203.

According to attorney LeRoi C. Johnson, G4G’s fundrais-ing efforts have “helped to sustain the arts following the cuts

The presentation will focus on effective communica-tions in anticipation of and during litigation, mediarelations, television interviews and general public rela-tions for practitioners. The program will be led byFlorina Altshiler, senior associate at Russo & Toner,LLP, and a former state prosecutor; and JoannaPasceri, a 28-year veteran of the television news indus-try.

The program offers 2.0 CLE credits, 1.0 in Areas ofProfessional Practice and 1.0 in Skills. The registrationfee is $50 for BAEC members and $75 for non-mem-bers (there is an additional $5 fee for walk-in regis-trants).

The Flying Bison Brewery will remain open to allowattendees a chance to socialize after the program.Attendees will each receive a free drink ticket, courtesyof Counsel Press.

To register, call the CLE Department at 852-8687 orsign up online at www.eriebar.org

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GOING GREENThe Erie Institute of Law will move to electronic delivery of CLE course materials by March 1.Handout materials will now be sent to registrants via email. Hard copies may still be requested, at an additional cost of $20 for a seminar and $5 for a midday learning lecture.

Thank you for helping us to conserve resources, keep costs down and be more respectful of Mother Earth!

Dave Roach performs at last year’s event.

Bulletin_February_2016_layout 1/20/16 12:09 PM

February 2016 | www.eriebar.orgPAGE 2

Vol. 54 | No. 6 | February 2016

BAR ASSOCIATION OF ERIE COUNTY

Organized 1887

438 Main Street, Sixth Floor | Buffalo, New York 14202

(716) 852-8687 | fax (716) 852-7641 | www.eriebar.org

Bulletin correspondence: [email protected]

BOARD OF DIRECTORSJeffrey F. Baase, Laura C. Doolittle, Anne E. Joynt, Douglas P. Stiller,Cheryl A. Aloi, Jennifer A. Beckage, Sophie Feal, Michael J. Roach,Elizabeth M. Midgley, James J. Nash, Melissa Hancock Nickson,Michael F. Perley.

LIFE MEMBERS

Mark A. Adrian, Carol J. Alaimo, Brian D. Baird, Patrick J. Bannister,Lynn A. Clarke, Eric P. Doherty, Sharon Stern Gerstman, Jean E.Gittler, Susan J. Grelick, Donald J. Holzman, Melvyn L. Hurwitz,Michael Kuzma, Stanley Kwieciak III, Michael P. McClain, J. EldonOwens, Lauren D. Rachlin, Michael A. Smith, Jeffrey A. Spencer,James M. Wadsworth.

Would you like to see your name here? See page 4 to find out how to become a contributing member.

CONTRIBUTING MEMBERS

Joan Casilio Adams, Peter S. Aiello, Grace Marie Ange, Richard J.Attea, Hon. Tracey A. Bannister, Stephen E. Barnes, Thomas R.Beecher, Jr., Ronald P. Bennett, Leonard Berkowitz, Richard S. Binko,Richard N. Blewett, Peter J. Brevorka, Charles Patrick Bridge,Timothy P. Bridge, Phillip Brothman, Patrick J. Brown, T. Alan Brown,Joel Brownstein, David Buch, Donna L. Burden, James P. Burgio,Michael C. Burwick.

John F. Canale, John J. Carney, Alan S. Carrel, Thomas R. Cassano,Stephen E. Cavanaugh, Emilio Colaiacovo, John F. Collins, William B.Collins, Anthony J. Colucci, Jr., Robert N. Convissar, Edward C.Cosgrove, Paul V. Crapsi, Jr., Douglas S. Cream, Steven P. Curvin,Roger T. Davison, Regina A. Del Vecchio, John M. Dempsey, RichardF. DiGiacomo, Anne C. DiMatteo, Dean M. Drew, Hon. Timothy J.Drury, Donald B. Eppers, Leo J. Fallon, Victor N. Farley, Gabriel J.Ferber, Michael E. Ferdman, Robert P. Fine, Peter J. Fiorella, Jr., BrianP. Fitzgerald, Lawrence C. Franco, Bernard B. Freedman, Hon.Brenda M. Freedman, Jeffrey M. Freedman, Maryann SaccomandoFreedman, Robert Friedman, John J. Fromen.

Thomas J. Gaffney, William H. Gardner, Lynn D. Gates, Eugene M.Gaughan, Stuart A. Gellman, Jerome C. Gorski, Wayne R. Gradl, JohnC. Grennell, Richard F. Griffin, John J. Gruber, Mark W. Hamberger,Thomas J. Hanifin, James P. Harrington, Mary Louise Hayden,Herbert J. Heimerl, Jr., William R. Hites, Susan S. Hogan, Edwin P.Hunter, Norman E. Joslin, James B. Kane, Jr., Judith D. Katzenelson,James J. Kirisits, William J. Kita, Dan D. Kohane, Karl W. Kristoff,Thomas E. Krug.

Stephen R. Lamantia, John P. Lane, Richard J. Lehner, John N.Lipsitz, Arthur A. Lorenzo, Frank LoTempio III, Leo M. Lynett, Jr.

James L. Magavern, Irving C. Maghran, Jr., Mark J. Mahoney, Giles P.Manias, Mary Dee Martoche, Salvatore R. Martoche, Norman J.Mattar, Hon. Jeremiah J. McCarthy, Maureen A. McCready, ThomasI. McElvein, Jr., Donald G. McGrath, Diane J. McMahon, Brian M.Melber, Raymond T. Miles III, Joseph D. Mintz, Albert J. Mogavero,Peter J. Murrett, Jr., Joseph M. Nasca, Paul T. Nesper, Paula M. EadeNewcomb, Anthony M. Nosek, Hon. Henry Jos. Nowak, James J.O’Brien, Hon. John F. O’Donnell, Timothy M. O’Mara.

Carl P. Paladino, Frank R. Papa, Anthony D. Parone, James A.Partacz, Robert E. Pearman, Hon. Erin M. Peradotto, Robert H. Perk,Jeffrey A. Perla, Michael F. Perley, Arcangelo J. Petricca, Joel M.Poch, Theodore J. Pyrak, James P. Renda, Mary (Molly) K. Roach, JayN. Rosenthal, Richard P. Rosso, Arthur J. Rumizen, Arthur A. Russ, Jr.,Thomas Santa Lucia, Scott M. Schwartz, Edward J. Schwendler, Jr.,Richard B. Scott, Richard J. Sherwood, Louis H. Siegel, Myron M.Siegel, Robert G. Sillars, Richard Charles Slisz, Robert B.Sommerstein, Gregory Stamm, Robert S. Stephenson, Milton J.Strebel, David L. Sweet, Kathleen M. Sweet.

Gordon D. Tresch, Thomas V. Troy, Frederick D. Turner, Dimitri J.Tzetzo, Peter A. Vinolus, Dale M. Volker, Matthew X. Wagner, Jr., JohnB. Walsh, Neil Weinberg, Wayne D. Wisbaum, Richard D. Yellen.

Editor . . . . . . . . . . . . . . . Bonnie D. O’BrianEditorial Assistant . . . Elise M. RahnerEditorial Cartoon . . . . Giles P. Manias. . . . . . . . . . . . . . . . . . . . Hon. Thomas P. FranczykPhotography . . . . . . . . Susan L. Kohlbacher. . . . . . . . . . . . . . . . . . . . Glenn Edward Murray

OFFICERS | 2015-2016President . . . . . . . . . . . Kevin W. SpitlerVice President . . . . . . . Gregory T. MillerTreasurer . . . . . . . . . . . Thomas F. HewnerDeputy Treasurer . . . . Ericka N. BennettExecutive Director . . . Katherine Strong Bifaro

...and short articles of general interest to ourreaders are always welcome. All materialssubmitted for publication in the Bulletin aresubject to editing for reasons of style, spaceand content.

Send all submissions as Word documents to [email protected] (preferred) or by mailto: Bulletin Editor, 438 Main Street, Sixth Floor, Buffalo, NY 14202.

Call Elise Rahnerat Bar Headquarters for

more information, 852-8687.

DeadlineMarch 2016 Bulletin

The next deadline for ALL Bull etin contributors and advertisers is

Friday, February 5, 2016

LETTERS TO THEEDITOR

EDITORIAL BOARD

On New Year’s Day, I finally got around to picking up mycopy of the Bulletin to dutifully follow up on the happeningsof my fellow Bar Association members. What I found thereboth startled and humbled me. To my knowledge, I havenever met ECBA President Spitler, but would like to pub-licly state that I am proud to have him for our BarAssociation President, in light of his wise and courageousdefense of immigrants to this country.

His “President’s Letter” eschews the usual subject matterto address head-on the troubling xenophobic tendencies (mywords, not his) demonstrated by some in the wake of the ter-rorist attacks on Paris and Mali. During the recent holidayseason, we have been called upon to love our fellow man andshow compassion and mercy to those less fortunate. Yet,

despite this, many have chosen to allow fear and ignorance torule their hearts and their attitudes to migrants from othercountries, conveniently forgetting that the vast majority ofAmericans are descended from immigrants seeking refuge inthe land of liberty.

I would encourage my fellow bar members to follow ourPresident’s example and fight ethnic and religious intoler-ance wherever they encounter it. Thank you, PresidentSpitler.

– Andrea L. Sammarco (Buffalo)

Letters to the editor are always welcome! Send yours to BonnieO’Brian at [email protected]

Letter to the Editor

CORRECTION: A photo on page 18 of the January issue incorrectly identifiedRachel Baldassaro as the recipient of VLP’s Law Student Award. Baldassarois a staff attorney at VLP and Jason Fleischer is the Law Student Award winner. Our sincere apologies for the error.

“I’m concerned that you may come across a little robotic in the eyes of the jury.”

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February 2016 | www.eriebar.org PAGE 3

How to place an announcement:If you are a BAEC member in good standing and

you’ve moved, been promoted, hired an associate,taken on a partner, or received an award, we’d liketo hear from you. Talks, speeches (unless they are ofinternational stature), CLE presentations andpolitical announcements are not accepted. In addi-tion, we will not print notices of honors determinedby other publications (e.g., Super Lawyers, BestLawyers, etc.). Notices must be submitted in writ-ing and limited to 100 words. They are printed at nocost to members and are subject to editing. Email yournotice and high resolution photo (300 dpi) [email protected].

bench and bar in the news

Karen L. Nicolson, chief executiveofficer of Legal Services for the Elderly,Disabled or Disadvantaged of WNY,Inc., has been appointed by GovernorCuomo to a three-year term on the NYSAdvisory Committee for the Aging.Nicolson also serves on the Elder JusticeWorking Group through the NYSUnified Court System and is a delegateto the New York Inaugural WINGS

Guardianship Core Group, also through the court system. Inaddition, she serves on NYSBA’s Committee on Legal Aid,the Town of Amherst Senior Services advisory board and theWilliam B. Hoyt Memorial Children and Family Trust Fundadvisory board. Nicolson is also a member of the ThinkGroup for the NYS Legal Services Initiative. She is a fre-quent lecturer on elder abuse, pooled trust and elder lawissues.

Melinda R. Saran, vice dean for stu-dent affairs at SUNY Buffalo LawSchool, has received the Sandy KulickMemorial Award from the BAEC’sLawyers Helping Lawyers Committee.Saran was recognized for “outstandingleadership in educating law studentsabout the Lawyers Helping LawyersCommittee, which provides confidentialservices that benefit the legal profession

and the community at large.”

Rebecca M. Guerra and Adam M.Lynch have joined Harris Beach PLLCas associates in the firm’s health careindustry team. Guerra was formerly anassociate at Hamberger & Weiss and alsoheld an internship with Hon. Leslie G.Foschio. She previously interned withthe U.S. Attorney’s Office for theWDNY, where she assisted federal pros-ecutors with civil and criminal cases.Prior to law school, Guerra was an exec-utive with Bio-Optronics, a healthcaresoftware firm in Rochester. She is a grad-uate of SUNY Buffalo (magna cumlaude) and its Law School.

Lynch was formerly an associate atLipsitz, Green, Scime, Cambria LLP.He is experienced in depositions, discov-ery and trial preparations in state and

federal courts, and jury selection. He has collaborated withexperts to investigate causes of action and has argued multi-ple motions in New York State Supreme Court. Lynchreceived his JD in 2013 from SUNY at Buffalo Law Schooland his BA, magna cum laude, from Niagara University. Heis a member of the American and New York State BarAssociations.

Phyliss A. Hafner has joined BurdenGulisano & Hansen, LLC as an associ-ate. She will concentrate her practice inproducts liability, labor law, trucking/transportation negligence, motor vehicleaccidents, premises liability, medicalmalpractice, and municipal liability. Agraduate of SUNY at Buffalo School ofLaw, Hafner can be reached [email protected].

Vanessa C. Gabriele has joined J.Adams & Associates, P.L.L.C. as anassociate. She concentrates her practicein matrimonial and family law. A gradu-ate of SUNY Buffalo Law School,Gabriele served on the executive board ofthe Buffalo Journal of Gender, Law &Social Policy. She is admitted to practicein New York state and federal Courts.Her memberships include NYSBA’s

Nicolson

continued on page 24

The need may be based on medical

problems, job loss, emotional difficulties,

family crises or many other situations.

No person or problem is categorically

excluded.

If you need assistance – or know a friend

or colleague who does – please call Kathie

Bifaro at 852-1777. All services are

individualized and completely confidential.

Saran

Guerra

Lynch

Hafner

Gabriele

Lawyer Referral &Information Service

More than 5,000 new clients are referred to members of the LRIS each year.

If you’re not already a member, call 852-3100 today to join.

The Lawyer Referral & InformationService…one more way

that the Bar Association is good for your practice.

It’s great to belong to something this good.

Family Law Section, the Monroe County Bar Associationand the BAEC’s Family Court, Matrimonial and YoungLawyers Committees.

Andrea H. HusVar, a partner atLippes Mathias Wexler Friedman LLP,has been appointed to the WNYWomen’s Foundation board of directors,where she will serve as chair of theboard’s “Pathways to Impact” committee,as well as on the advancement commit-tee. HusVar is a member of her firm’scorporate practice group, focusing onstartups, along with venture capital and

private equity transactions. A graduate of GeorgetownUniversity Law Center, she is also the head of the firm’swomen’s group.

Alexander Anzalone has joined TheLegal Aid Bureau of Buffalo, Inc. as aStaff Attorney in the Criminal DefenseUnit where he will focus on the represen-tation of accused indigent persons inBuffalo City Court. A graduate of YaleUniversity, Anzalone received his J.D.from Harvard Law School in 2013.Prior to joining Legal Aid, he was a LawClerk to United States District Court

Judge John A. Mendez.

Stuart A. Gellman was recently elect-ed to the board of directors of Us TOOInternational, Inc., a national prostatecancer foundation located in Chicago.The organization oversees over 300national cancer support groups through-out the country, along with various phar-maceutical and research entitiesthroughout the United States dedicatedto the eradication of prostate cancer.

HusVar

Anzalone

Gellman


26th Annual Real Estate ConferenceOne of the Erie Institute of Law’s most popular programs

is the Annual Real Estate Conference. The 26th annual con-ference will be held on Saturday, March 12 at the FoundryHotel from 9:00 am until 1:00 pm. This well-attended con-ference provides both long-term and newer practitionerswith the latest information, tools and techniques they willneed when handling a wide range of real estate transactions.

Save the date now and watch for further details as theybecome available. [B]


was recently featured in the latest NYS Bar AssociationJournal and it has been a topic at ABA presentations that Ihave attended in the recent past. While we all feel that wewill be able to practice for as long as we want, we must facethe reality that that may not be possible because of age orinfirmity.

Attorneys in this situation need to be encouraged to startto make transitional plans. For example, senior attorneyswho are ready to transition from a full-time to a part-timepractice, or to retire entirely could establish a business/men-toring relationship with a young attorney. The young attor-ney has the desire and drive to establish a practice and aclient base. The senior attorney has the experience andknowledge, and a list of clients who he or she has served wellover the course of his/her career.

Those clients want the advice and guidance of their seniorattorney. They also want help in transitioning to an initialco-counsel who may become their new counsel. Such a busi-ness/mentoring relationship will, over time, benefit all par-ties. As the senior attorney cuts back on his/her hours, theyoung attorney provides a familiar contact and continuity ofservice affording clients the opportunities to have their legalneeds met. It allows younger attorneys to gain valuable expe-rience and prevents their clients from suffering from theyoung attorneys’ lack of experience.

It’s very hard for any attorney, but in this situation, partic-ularly a sole practitioner, to accept the fact that he/she has to

give it up. But we have a professional and - more importantly- a moral obligation to our clients to have them be servedwith zealous representation. I approach this as the client ofmy physician, my accountant, and my mechanic. When theseservice providers are ready to cut back or to retire, I look tothem to help me transition to a new physician, a newaccountant, and a new mechanic. And I know that I am morecomfortable when they suggest someone, rather than leavingme to conduct my own search.

This is not a very pleasant subject for me to bring up inthis column, and I apologize sincerely to my colleagues whoI have offended by my comments here. All of us in ourcareers have faced difficult decisions that need to be made, inconjunction with our clients, to help them through difficultand trying situations. We must look inward and honestlydetermine if we ourselves have now arrived at one of thosedifficult and trying times in our own career.

One perk of the position I hold is that I get to suggest thatwe reinstate the “Month Before April Madness” get-together. I will be re-introducing this event in an abridgedmanner. So mark Thursday, March 17th on your calendarand plan to join me and fellow college basketball fans, bothcasual and fanatic, as we enjoy an afternoon of camaraderie,from 12:00 noon until 5:00 pm, watching as much collegebasketball madness as we can cram into five hours. See page6 for more details, and come join us. [B]

President’s Letter continued from page 1 Beyond No Comment(and Other Stories)continued from page 1

Lawyers for the Arts Schedule Fifth Anniversary Showcontinued from page 1

to programs, with the money going to support local culturaland arts groups.” Johnson, an accomplished painter and tal-ented Brazilian style guitarist, was also the managed thecareer of his brother, the late Hall of Famer Rick James.G4G founder Jamie Moses is well known in western NewYork as a supporter and contributor to the arts.

Cassidy sees the events “as a meaningful way to give back,to raise the public’s understanding of lawyers and to supportthe arts in western New York.”

Kenneth W. Africano, a regular on the Buffalo musicscene, has been working to bring in lawyers who don’t playregularly, so they can experience playing with seasoned musi-cians.

This year’s event will again feature a fine art display andauction of works by local lawyer artists, including formerBAEC President Giles P. Manias; Leroi C. Johnson;Cassidy; and Keri D. Callocchia.

Where does the money go? The money raised from lastyear’s event went to: 1891 Fredonia Opera House; Brazen-

Faced Varlets; Buffalo Religious Arts Center; CattaraugusCounty Arts Council; Cuba Circulating Library;Danceability; Dreamland Arts, Inc.; EARTH’S DAUGH-TERS: A Feminist Arts Periodical; El Buen Amigo/LatinAmerican Cultural Association; Friends of Vienna; GreaterBuffalo Youth Orchestra; Harmonia Chamber Singers;Hispanic Heritage Council of Western New York;LehrerDance; Lewiston Council on the Arts, Inc.; LocksideArt Center; Net Positive (dba The Foundry); NetoHatinakwe Onkwehowe; Niagara Arts and Cultural Center;North Shore Arts Alliance; Patterson Library; PDdance(National Parkinson Foundation WNY); Southern TierSymphony, Inc.; Sportsmen’s Americana Music Foundation;Springville Center for the Arts; Squeaky Wheel Film &Media Art Center; Subversive Theatre Collective; SugarCity; Torn Space Theater and the Western New York BookArts Center.

Last year’s show sold out quickly so don’t miss out! Ticketsare just $22 and can be purchased at ticketmasters.com, atgiveforgreatness.org/events, or at the door (space permit-ting).

Become a Contributing

Member!The BAEC bylaws confer “contributing member”

status on any member who resides or maintains anoffice in Erie County and elects to pay an additional$50 in annual dues to help support Association pro-grams. Contributing members have the same rightsand privileges as regular members and “such addi-tional rights and privileges as the board of directorsshall bestow,” including special recognition in the Bulletin, annual dinner program and other pub-lications.

RECYCLEYOUR BULLETIN

Attorney musicians perform at last year’s event.

Federal Criminal CLE

Friday, February 26, 2016

9:00 a.m. – 12:00 p.m.

Bar Association of Erie County

438 Main Street, Sun Room Auditorium,Buffalo, NY

3.0 CLE Credits: 1.0 Ethics, 2.0 Areas of Professional Practice

(Approved for all attorneys)

Registration fee: $65 BAEC/WBASNYmembers, $95 non-members



RINGING IN A NEW JUDICIAL YEAR – A ceremony to welcome newly elected and re-elected members of the judiciary to thebench was sponsored by the Bar Association of Erie County, the Minority Bar Association of Western New York and theWomen’s Bar Association of the State of New York, Western New York Chapter. It was held on January 13 in the SupremeCourt’s Ceremonial Courtroom. Photo provided courtesy of Buffalo Law Journal.

Seated from left to right are: Hon. JaHarr S. Pridgen of Buffalo City Court, Hon. Sheila A. DiTullio of Erie County Court, Hon.Paula L. Feroleto, Hon. Emilio L. Colaiacovo of New York State Supreme Court, and Hon. David W. Foley of Erie County Court.

Standing from left to right are: BAEC Vice President Gregory T. Miller, WBASNY President-Elect Elizabeth Kraengel, Hon.Michael J. Roemer of U.S. District Court for the Western District of New York, Hon. J. David Sampson of New York State Courtof Claims, Hon. Mark J. Grisanti of New York State Court of Claims/Acting Supreme, Hon. Frank A. Sedita III of New York StateSupreme Court, Minority Bar President Rashied H. McDuffie, and BAEC President Kevin W. Spitler.

Not pictured: Hon. Lawrence J. Vilardo of United States District Court, Western District of New York, Hon. James F. Bargnesiof Erie County Court, and Hon. Brenda M. Freedman of Erie County Family Court.

“Abridged Madness” on Tapfor St. Patrick’s Day

On Thursday, March 17th from 12:00 noon until 5:00 p.m., join PresidentKevin W. Spitler and your friends at the bar to enjoy the “Abridged MonthBefore April Madness” celebration. Basketball, pizza, wings, beer and sodawill be served up at the BAEC offices at 438 Main Street, sixth floor.

Voluntary donations made by attendees will be earmarked for a legal serv-ices organization such as VLP or LSED at the end of the festivities.

See the president’s letter in this issue for further information and plan nowto attend! [B]

Black History Month:Civil Rights Leader toSpeak at Canisius

Canisius College will present a BlackHistory program on Thursday, February 25from 9:00 a.m. until 2:00 p.m. at theBuffalo Niagara Convention Center. Theprogram, sponsored by the college’sAcademic Talent Search (ATS) Program,is free and open to the public.

Throughout the day, ATS will hostworkshops and there will be informationalstations set up from various communityorganizations. Topics will include educa-

tional and career opportunities, financial literacy and mentalhealth.

Benjamin Jealous, civil and human rights leader, formerNAACP president, venture capitalist and author, will deliverthe keynote address entitled “The Secret to Unleashing InnerGreatness.”

Jealous is the former president and CEO of the NAACP.He recently joined the Silicon Valley venture capital firmKapor Capital, where he plans to continue his goal of growingopportunities for minorities in the tech economy.

The youngest president in NAACP history, he began hiscareer at age 18 opening mail at the NAACP Legal DefenseFund. A Rhodes Scholar, Jealous was named by Forbes andTime Magazine to their “Top 40 under 40” lists and wasnamed the Young Global Leader by World Economic Forum.His new book “Reach: 40 Black Men Speak on Living, Leadingand Succeeding,” features personal essays from prominent fig-ures in the black community.

“No one is born hating another personbecause of the color of his skin, or his background, or his religion. People mustlearn to hate, and if they can learn to hate, they can be taught to love, for lovecomes more naturally to the human heart than its opposite.”

― Nelson Mandela in “Long Walk to Freedom”



ly centered on allegations of employee misconduct and unfairuse of proprietary information, DraftKings’ operations andbusiness model…necessarily came under review. Our reviewconcludes that DraftKings’ operations constitute illegal gam-bling under New York law, according to which, ‘a personengages in gambling when he stakes or risks something ofvalue upon the outcome of a contest of chance or a futurecontingent event not under his control or influence.’

DraftKings’ customers are clearly placingbets on events outside of their control orinfluence, specifically on the real-game per-formance of professional athletes. Further,each DraftKings wager represents a wager ona ‘contest of chance’ where winning or losingdepends on numerous elements of chance toa ‘material degree.”’

McGee’s letter cited Article 1, Section 9 ofthe New York Constitution, which provides“[E]xcept as hereinafter provided, no lotteryor the sale of lottery tickets, pool-selling,book-making, or any other kind of gambling,except lotteries operated by the state…,except pari-mutuel betting on horse races…,and except casino gambling at no more thanseven facilities… shall hereafter be author-ized or allowed within this state…” She alsocited N.Y. Penal Law §§ 225.00(2), whichstates: “A person engages in gambling whenhe stakes or risks something of value uponthe outcome of a contest of chance or afuture contingent event not under his controlor influence, upon an agreement or under-standing that he will receive something of

value in the event of a certain outcome.”

In response, on November 13, 2015, FanDuel andDraftKings brought suit in Supreme Court, New YorkCounty, seeking a TRO and a preliminary injunction toblock the Attorney General from preventing the DFS com-panies from accepting money from New York residents. The

By Anne F. Downey

cyberlaw: the brave new e-world

I am drafting this article about daily fantasy sports (DFS)in late December, realizing that it may be outdated by thetime you read it. But I hope to lay some groundwork forunderstanding the legal battle in New York.

Wikipedia states “Daily fantasy sports are a subset of fan-tasy sport games. As with traditional fantasy sports games,players compete against others by building a team of profes-sional athletes from a particular league or competition, andearn points based on the actual statisticalperformance of the players in real-worldcompetitions. Daily fantasy sports are anaccelerated variant of traditional fantasysports that are conducted over short-termperiods, such as a week or single day ofcompetition, as opposed to those that areplayed across an entire season…[Users]pay an entry fee in order to participate,and build a team of players in a certainsport while complying with a salary cap.Depending on their overall performance,players may win a share of a pre-deter-mined pot. Entry fees help fund prizes,while a portion of the entry fee goes to theprovider…”

The two giants in the industry areFanDuel, based in New York, andDraftKings, based in Boston. Smallercompetitors include Fantasy Aces andYahoo! Sports.

In early November 2015, KathleenMcGee, Chief of Attorney General EricSchneiderman’s Internet Bureau, sentcease and desist letters to DraftKings and FanDuel. The let-ter to DraftKings stated in part “This letter constitutes ademand that DraftKings, Inc. cease and desist from illegallyaccepting wagers in New York State in connection withDaily Fantasy Sports. As you know, on October 6, 2015, theOffice of the New York State Attorney General commencedan investigation of DraftKings. Although this inquiry initial-

Daily Fantasy Sports in New York

DraftKings memorandum of law decried the AG’s “strong-arm campaign of coercion” and “shocking overreach.”DraftKings stated “[N]o official in the eight other states thathave virtually identical gambling laws has ever reached theAttorney General’s conclusion. And in one of those states –New Jersey – a federal court ruled that fantasy sports leaguesdid not violate that state’s virtually identical gambling laws…(citing Humphrey v. Viacom, Inc. , No. 06 Civ. 2768 (DMC),2007 WL 1797648 (D.N.J. 2007)).”

DraftKings argued that DFS is a contest of skill, ratherthan a contest of chance. A 1904 ruling of the New YorkCourt of Appeals established the “dominating element” test,i.e., a game is a contest of chance if chance, not skill, is thedominating element. People ex rel. Ellison v. Lavin, 179 N.Y.164 (1904). DraftKings argued that although the Legislaturein 1965 provided a new “material degree” test in Section225.00(1) of the Penal Law – i.e., a “contest of chance” isone in which the outcome depends in a “material degree”upon an element of chance, notwithstanding that skill mayalso be a factor – the “dominating element” test continues toapply. DraftKings also argued that, even if the “materialdegree” standard applies, the DraftKings games are games ofskill.

The Attorney General commenced separate actionsagainst FanDuel and DraftKings on November 17, 2015.Supreme Court Judge Manual Mendez heard arguments onNovember 25, 2015, and his ruling followed on December11, 2015. The judge granted the Attorney General’s motionfor an order enjoining and restraining FanDuel andDraftKings from doing business in New York state andaccepting entry fees from New York consumers. JudgeMendez found that the Attorney General had established alikelihood of success on the merits under Article I, Section 9of the New York Constitution and the definition of “contestof chance” under Penal Law 225.00.

Judge Mendez distinguished the Humphrey v. Viacom casein New Jersey on grounds that it involved a seasonal fantasysport game, as opposed to DFS, in which players pay a feeevery time they play, potentially multiple times daily, with apercentage of every entry being paid to FanDuel andDraftKings. The judge noted that the entry fees charged byFanDuel and DraftKings range as high as $10,600, clearly“something of value.” He rejected the DFS companies’ argu-

“A person engages

in gambling when

he stakes or risks

something of value

upon the outcome

of a contest of chance.”



reflect transactions including the acceptance of form 706 andthe completion of an examination, which may be an accept-able substitute for an estate tax closing letter. The accountmay be accessed online by registered tax professionals usingthe Transcript Delivery Service. Tax professionals must reg-ister on IRS.gov to secure estate tax transcripts. As an alter-native, Form 4506-T may be sent by fax or mail to the IRS,along with a form 2848 Power of Attorney, to request a tran-script. For full details, go to the IRS website (IRS.gov) andsearch under businesses/small businesses for “transcripts inlieu of estate tax closing letters.”

Seriously Delinquent Taxes CouldResult in Passport Revocation

While we normally only report on tax matters related toestates, we found the following tidbit interesting:

On December 4, 2015, President Obama signed into lawthe Fixing America’s Surface Transportation Act (“FASTAct”), which includes in its “offset” tax provisions an amend-ment to the Internal Revenue Code, adding Section 7345 tothe Code. That Code section allows the Secretary of theTreasury to request the Secretary of State to deny, revoke orlimit the passport of any individual who the Commissionerof Internal Revenue certifies has a “serious delinquent” taxdebt. The Section defines a seriously delinquent tax debt as$50,000 or more.

When certifying the tax debt to the Secretary of theTreasury, the Commissioner of Internal Revenue is also con-


DirectorsK. John Bland

Laurie Styka Bloom

Craig R. Bucki

James J. Contino

Cornelia Farley

J. Patrick Lennon

Thomas E. LiptakJohn W. Looney

Daniel T. Lukasik

Mara McCabe

Michael L. McCabe

Hon. Patricia A. Maxwell

Susan C. Ministero

John L. Sinatra, Jr.

Mary L. Slisz

Vincent J. Sorrentino

PresidentJ. Michael Lennon II

Vice PresidentDonna Hoelscher

Suchan

SecretaryKatherine M. Liebner

TreasurerDavid C. Mineo

St. Thomas More Guild Inc.An Organization for Lawyers

in the Diocese of Buffalo, New York

FOR FURTHER INFORMATION,

contact J. Michael Lennon II at [email protected]

or visit our website at www.stthomasmorewny.org.

death and taxesBy Peter J. and Jillian E. Brevorka

The Social Security Administration has issued POMS SI01130.740, discussing ABLE Act Accounts, which can befound at https://secure.ssa.gov/apps10/poms.nsf/lnx/0501130740.

Article 84 of the Mental Hygiene Law is supposed to beeffective April 1, 2016. But it is unclear whether the statecomptroller’s office, which will authorize financial institu-tions which may administer the accounts, will be ready toissue such authorization by that date.

Federal Estate Tax Closing LettersAs we previously reported, the IRS has stopped automati-

cally issuing estate tax closing letters. If an executor wishes aclosing letter, the executor must make a request to the IRS.

The IRS has now issued a notice that transcripts of theestate’s account with the IRS may be obtained, which will

Governor Cuomo has signed the New York enabling leg-islation with respect to the federal Achieving a Better LifeExperience Act (ABLE Act). The New York statute is nowArticle 84 of the Mental Hygiene Law.

The ABLE Act is a federal statute which authorizes a typeof tax-advantaged account, similar to a §529 Plan, that canbe used to save funds for the disability-related expenses ofthe account’s designated beneficiary.

The ABLE Act account beneficiary must be blind or dis-abled by a condition that began prior to the individual’s 26thbirthday, albeit the account may be established after his orher 26th birthday. The funds in the account are exempt fromany Medicaid or SSI monetary limits relating to personalassets, but the maximum amount which may be accumulatedin an ABLE Act Account is $100,000. Accumulations inexcess of that amount will be considered a “countableresource” of the beneficiary for Medicaid and SSI purposes.

An ABLE Act account is sort of a “low-tech”Supplemental Needs Trust (SNT). The account is estab-lished with a financial organization authorized by the statecomptroller’s office. The Act permits persons, includingentities such as corporations or partnerships, to make contri-butions to the account. In that way, it is similar to a third-party SNT; however, the total amount of contributions anyABLE Act account may receive from all sources in any onecalendar year is limited to the amount of the per-donee gift-tax exclusion in effect for a given calendar year. For instance,for 2016, that limit is $14,000. Thus, friends and relativescould contribute to an ABLE Act account for a disabledindividual, but the maximum total contributions from allpersons to the account for 2016 would be $14,000.

Unlike a third-party SNT, the ABLE Act account willhave payback provisions, so that at the death of the benefici-ary, the funds remaining in the account must first reimburseany states which provided Medicaid assistance to the benefi-ciary during his or her life.

ABLE Act account monies accumulate tax-free, and maybe used for many things, such as supplementing rent or basicliving expenses, without disqualifying the individual fromSSI or Medicaid. Contributions to an ABLE Act account arenot tax-deductible. Section 529A of the Internal RevenueCode makes the accounts non-taxable. The IRS has issuedproposed Regulations for Section 529A, which may be foundat http://federalregister.gov/a/2015-15280.

The ABLE Act will allow families of more modest meanswho have a disabled child to achieve the benefits of a SNTwithout the cost of establishing and administering a trust.

ABLE Act

continued on page 8


temporaneously supposed to notify the tax debtor of any suchcertification. But there is always the theoretical possibilitythat the notification will be sent to the individual while he isvacationing out of the country, only to find when he attemptsto re-enter the country that his passport has been revoked.

Tax-Free Distributions from IRAs for Charitable Purposes

The Protecting Americans from Tax Hikes (PATH) Actof 2015 contains a provision permanently extending the abil-ity of individuals over age 70-1/2 to exclude from grossincome qualified charitable distributions up to $100,000from Individual Retirement Accounts (IRAs). Prior to thisact, the ability to make such charitable distributions fromIRAs had to be extended by Congress ever couple of years.

Reporting Basis Information to Beneficiaries

As we have previously reported, the SurfaceTransportation and Veterans Health Care Choice Act of2015 contained a provision enacting sections 1014(f) and6035 of the Code, requiring executors to send all personswho hold a legal or beneficial interest in an estate for whicha federal estate tax return is filed, a statement identifying thevalue of each interest as reported on the estate tax return.The requirement became effective with respect to all federalestate tax returns filed after August 1, 2015, but the require-ment was put on hold by the IRS until February 29, 2016.

The IRS has now released a draft of Form 8971 –Information Regarding Beneficiaries Acquiring Propertyfrom a Decedent. The form may be accessed at

www.irs.gov/pub/irs-dft/f8971--dft.pdf. Instructions for theform have not as yet been released.

Dorrance v. United States, 2015 U. S.App. LEXIS 21287 (9th Cir., 2015)

This is a case involving the basis of stock received in the“demutualization” of two mutual insurance companies. Longstory short, a majority of the court held that the taxpayershad a zero basis in his stock and that the net proceeds of theliquidation of the stock were fully taxable as long-term capi-tal gains.

In 2009, the U.S. Court of Claims in Fisher v. U.S., 82,Fed. Cl. 780, aff’d 222 F. App’x 572 (Fed. Cir. 2009), heldthat value of the ownership rights in a mutual insurancecompany by a policy holder were not discernable, and thatunder the “open transaction” doctrine, the full basis of thesubject life insurance policy should apply to the stockreceived upon a demutualization.

In Dorrance, the two- judge majority of the Ninth Circuitheld that the burden was upon the taxpayers to establish hisbasis in the stock, and that they had failed do so. The courtheld that the “mutual rights” or “membership rights” whichpolicy holders of a mutual insurance company held in thatcompany had no value. The court focused upon the facts thatthe rights were not transferrable, and that upon terminationof the insurance policy, the policyholder received nothing forthe rights. The court held that the value at demutualizationwas not derived from something paid for by the taxpayersbefore the court.

The dissent felt that there were some rights which the tax-payers as premium-paying policy holders had contributed tothe insurance company’s surplus from which the stock wasissued, and that those contributions to surplus provided thebasis for their stock. [B]


Death and Taxes continued from page 7

in the public serviceBy Grace Andriette, Housing Unit Supervising Attorney, Neighborhood Legal

For most Americans, recognizing the courage and sacri-fices of U.S. military veterans takes place once each year asour nation celebrates Veterans Day. But tragically, for somany veterans and their families, the consequences of thosesacrifices and their courage are painfully felt every day.Protecting our country’s interests through service in theUnited States military can be difficult, life-threatening work,and many veterans return to civilian life bearing the deepscars – both physical and emotional – of their experience.

Neighborhood Legal Services, Inc. (NLS) is proud to haverecently joined the ranks of human services providers andother agencies in western New York funded to assist veteransand their families. Through Supportive Services for VeteranFamilies (SSVF) funding provided by the United StatesDepartment of Veteran Affairs through the Veterans’Outreach Center (VOC), Neighborhood Legal Services isnow able to provide dedicated free legal services to low-income veterans and their families facing homelessness. Thenewly opened Veterans Outreach Center is a project of thenationally recognized and long-established VeteransOutreach Center of Rochester.

Neighborhood Legal Services Broadens Safety Net:Homelessness Prevention Services for Veterans

Across the United States, veterans are more likely than thegeneral population to be challenged by chronic homelessness,housing instability, health concerns and financial instability.According to the National Coalition for Homeless Veterans,over 47,725 veterans experience homelessness nationwide onany given night, and 1.4 million other veterans are at risk forhomelessness due to poverty, lack of support networks, andsubstandard housing. The Coalition reports that 51 percentof homeless veterans nationwide suffer from extreme mentalillness and 70 percent from substance abuse.

Here in western New York, the story is much the same.According to the Homeless Alliance of Western New York’s2014 Annual Report on the State of Homelessness in theErie-Niagara Metropolitan Statistical Area (Erie County),223 veteran households received Veterans AssistiveSupportive Housing rental assistance in 2014, and 240 veter-an families were entered into the Homelessness ManagementInformation System (HMIS), which allows agencies to trackand coordinate services to homeless people in the region. Of



News from Kent, Our Sister CityBy Jonathan Smithers

one imposing sanctions. I am told, and perhaps not surpris-ingly, this practice is encouraged by the Russian government.There is no reason to suppose that this will change if sanc-tions are lifted. One might conclude that it is the lawyerswho are paying a direct price for this policy.

At the same time, the government is considering, in con-junction with the Russian federal bar, a new regulatory sys-tem. At the moment, only advocates are regulated and theyare prohibited from practicing as part of a firm.

Much of the work carried out by international firms doesnot include advocacy (as they are not using the local courts).The new regime would require them to either qualify asadvocates or in some way be regulated. The consequence(unintended or not) may be to drive those firms out of thejurisdiction. Good news, you might think, for the local firmsbut in fact much of the work is likely to be dealt with at otheroffices of those firms in other countries, and no longeremploying local Russian lawyers - I think not what theyintend at all.

Other highlights of my trip included a cordial meetingwith officials at the Russian Ministry of Justice, an excellentdinner at the Bolshoi restaurant with the President of theMoscow Chamber of Advocates, a trip on the magnificentMoscow Metro with its vast and palatial marble stations andchandeliers plus a walk around Red Square bounded by theKremlin, the tomb of Lenin and St Basil’s Cathedral. Theseare quite magnificent sights, certainly worth seeing if you areever tempted to go.

The Paris bar’s annual ceremony to mark the inaugurationof the new batonnier was a somber affair. Memories of therecent attack are still very close to the surface, particularlywith a young lawyer, Valentin Ribet, known to many of thosepresent, who was shot and killed at the Bataclan theatre. Ina moving tribute, it was said that “he represented the beautyof the life we love.”

I was also invited to participate in a ceremony which tookplace at the memorial to the fallen from the world wars, bythe eternal flame underneath the Arc de Triomphe. It was anenormous privilege to accompany a general from the Frencharmy and the batonnier from the Paris bar, together withperhaps a hundred or more lawyers, on such an occasion.

In a couple of weeks time, I’m off to the Far East, for aceremony to mark the opening of the legal year in KualaLumpur, with the bar Council of Malaysia. Then off toHong Kong for a similar ceremony and engagement with theHong Kong government. The majority of our trade intoChina comes through, or is facilitated, by Hong Kong whichstill has, as a former British colony, a legal system and judi-ciary very similar to ours. We have a great many members


Chaos theory is defined as:

1)Small differences in initial conditions (such as those dueto rounding errors in numerical computation) yieldingwidely diverging outcomes for dynamic systems, render-ing long-term prediction impossible.

2)What happens to the justice system when governmentacts without involving the lawyers who operate it.

3)The average attorney’s desk.

Take your pick, as any or all of the above may be true andin any jurisdiction you may care to mention.

My travels this month have taken me to Moscow andParis, different cities with very different challenges but bothwith legal professions dedicated to serving their clients withthe ethics which we all share.

We have 20 English law firms with offices in Moscow sovisiting our members practicing there was an interestingexperience. The trade sanctions imposed by the West, fol-lowing the invasion and annexation of Crimea a couple ofyears ago, have curtailed international work for both globaland local companies. There is a tradition for Russian compa-nies and those doing business there to use English law andthe courts and arbitration facilities in London, which arewidely regarded and respected as fair and impartial.

With restrictions on work being undertaken in London,where directed from Moscow, their ability to act for manycompanies is compromised. Arbitration work in particular isnow being dealt with in other jurisdictions, for exampleSingapore. Indeed some companies, not knowing how longthe sanctions will last, are having the seat of arbitration intheir commercial contracts specified as a country other than

Jonathan Smithers is pictured above with wife Thea and daughtersCharlotte and Felicity at the Law Society’s holiday party.

With Russian Federal Chamber of Advocates PresidentYuri Pilipenko

St. Basil’s Cathedral in Red Square in Moscow

With Moscow Chamber of Advocates President IgorPolyakov



Copies of this law, the map of the Town ofCheektowaga Consolidated Sewer District, andthe application forms can be found at the town’swebsite www.tocny.org.


WelcomeNew Members

Alexander J. Anzalone

Lucy M. Berkman

Paul J. Callahan

Colin C. Casey

Kellen P. Coppola

Brittany M. Crowley

Kathryn G. D’Angelo

Kelsey M. Dunning

Aamt Fatimah

H. Andrew Fritsch

Frank L. Garten

Ruth P. George

James R. Gioia

Michael T. Gioia

Carin S. Gordon

Milton D. Gordon

Alexandra R. Heaney

Tracy L. Heims

Lisa M. Herman

Jennifer R. Lico

Thomas D. Lyons

Gabriella MacDonald

Shelby Maroselli

Sidney M. Mosher

Jillian E. Nowak

Jillian Parker

Todd J. Potter, Jr.

Mark T. Resmini

Tom Shafirstein

Jacob S. Sonner

Bridget C. Steele

Ashley E. Trank

William D. Vandelinder

Mindy F. VanLeuvan

Marten R. Violante

Richard J. Zielinski

The Bar Association of Erie County is pleased

to welcome the following new members:

It’s great to belong to something this good.

“You and the Law”Educates Public onLegal Issues

We appreciate the time that the followingmembers of our legal community have taken toeducate the public about legal matters by vol-unteering their time to appear on You and theLaw. The program airs every Friday at 5:45p.m. during NPR’s “All Things Considered.”

Kevin S. MahoneyPrenuptial Agreements

Kenneth A. OlenaChanges in Domestic Relations Law &Formula Maintenance and EnhancedEarnings

John DelMonteCurrent State of Real Estate Law

John F. LeoneNew York State Estate Taxes

William A. Lorenz, Jr.How You Can Win or Lose Your Case from a Deposition - What toExpect & How Your Lawyer Can Help

You and the Law is underwritten by the ErieCounty Bar Foundation and the LawyerReferral and Information Service of the BAEC. If you would like to appear as a guest on the program, please contact Celeste Walsh atcall 852-8687 ext. 118 or by e-mail [email protected].

Appealing a SocialSecurity Decision? Improved Online AppealsProcess Now AvailableBy Everett M. LoSocial Security Administration, New York Region

In response to customer feedback, the Social SecurityAdministration has improved its online appeals process.

More than 90,000 people use our online appeals applica-tion each month. We’ve certainly come a long way sinceintroducing the online appeal option in September 2007.Throughout the nation, applicants, their representatives,third parties, groups, and organizations use the online appealprocess to request review of disability decisions.

Responding to feedback from our employees and the pub-lic, the new online appeals process is easier to use andimproves the speed and quality of our disability and non-dis-ability decisions. Users told us that the program needed to bestreamlined for easier navigation and that it needed to ask forless duplicate information. They also told us that theywanted to be able to complete both the appeal form and themedical report together, and be able to submit supportingdocuments as part of the electronic appeal request.

Our enhanced online appeals application incorporatesthose suggestions and more. People can now submit both theappeal form and the medical report in just one online sessionand electronically submit supporting documents with theappeal request. The screen messages are clear and concise,the navigation has been improved, and we’ve beefed up ouron-screen help. Additionally, users who live outside of theUnited States are now able to file appeals online.

As a reminder, representatives who request, and are eligi-ble for, direct fee payments must electronically file reconsid-erations or request for hearings on medically denied SocialSecurity and Supplemental Security Income (SSI) disabilityor blindness claims.

The next time you need to file an appeal, you can completeit online at www.socialsecurity.gov/disabilityssi/appeal.html.

Cheektowaga Adopts Time of Sale Inspection for Sump Pump Systems

The Town of Cheektowaga has adopted a newlaw regarding sump pump systems. As of March 1,2016, anyone selling improved real property (prior toits sale) will be required to have an inspection doneby the Town.

AN UNDERWEAR INVASIONA 9-1-1 tipCaused a swift police tripOnto the street they wheeledTrying to catch a drug deal.

Defendant was pulled overFor car windows that were too darkAnd he was asked to step outAfter the vehicle was parked.

They began a pat downFrom his head to his toesBut he acted strangeWhen over his waist they would go.

So into his underwearThey elected to scanDiscovering thereinA plastic bag of contraband.

His conviction was appealedTo continue his fightAsserting they infringedOn his Constitutional rights.

The high court reversedIn a decision most clearThe police had no rightTo search his underwear!

People v. Smith, __AD3rd__, 4th Dept., 12/23/15, #1373.

By Jeff Spencer

citations



In Memoriam

“What the heart has once known, it shall never forget.””

~ Unknown Author

We wish to honor the memory of the follow-ing members of our Bar Association. Memorialgifts to the Erie County Bar Foundation arean excellent way to remember friends andcolleagues, as gifts are used for the benefitof the entire profession.

R. Peter Morrow, III

Hon. Kevin M. Dillon

Joseph M. Ralabate

Lawyers Helping Lawyers

I PROMISE My name is. . . and I am an alcoholic.

I can’t believe the way life has worked out. I absolutelycan’t believe I am an attorney, a successful one, made itthrough law school, passed the bar, and that I am an alco-holic — and it’s on my resume. I absolutely know that I havea lot of blessings in my life and I have been touched by apower that exists in all of us, and I use it daily and I try to bea blessing to my elderly clients, and I love what I do, and Ican’t believe that I have been blessed to actually be in recov-ery from such a horrible disease.

Alcoholism is a deadly disease, it’s progressive, and a lot ofpeople don’t make it. The way I was headed by the time I hitlaw school…I was very seriously ill. I didn’t drink until Iwent to college. My entire career at college was messed upsocially because I couldn’t remember what I had done thenight before, and I just thought, “I don’t know.” I didn’tunderstand how I became such a social nightmare to myself.And it all had to do with alcohol and drinking.

I am an alcoholic and I process alcohol differently. I tellthe story that once I got into recovery, I was at FoundersDay, where alcoholics gather every yearin Akron, Ohio, and I was talking with amember of my county’s LawyerAssistance Program. He asked whether Iremembered him coming to speak at mylaw school, and I said no. He told methat I came up to them after their pres-entation to thank them for coming tospeak to the students, because I used tohave a problem with alcohol. And he toldme that my breath just blew them off thestage. I was in a blackout; I do notremember that incident for the life of me.

Different parts of my story come backto me as time goes by. I am so grateful,my 30s are great. I can’t wait for my 40s.My 20s were horrible, and it has to dowith the fact that by the time I took theLSAT exam, I had been working inBoston for several years, I was a collegegraduate, I was a trustee at a bank, andlife was wild. The bank sent me for grad-uate school classes, where I got the high-est grades, and where I was at the pubevery night with everybody from thebank. All I did was drink that wholeweek, but I was a really good test taker,so I had a couple of beers on my way tothe LSAT, and I scored in the 98th per-centile, so how could I have a problem?

By the time I arrived at law school, thescary thing was that I had become a dailydrinker during the time after college;every night I got home and thought I deserved a drink. Everyonce in a while, in the back of my mind I thought, “Doeseverybody need to have a safety valve of vodka in their housejust to make sure they feel comfortable that there’s some-thing to rely on every night?”

But who was I going to talk to about that? So when I gotdown there, I was a little worried that my daily drinking wasgoing to be a little bit of a problem, because I needed to studypretty hard. I found that all the students had a “work hard,play hard” attitude. I was a couple of years older. I was 26 butthey were all right out of college and drinking this JaegerMeister, this dark brown stuff that I don’t know what it was.But it was really bad, and the problem was that I had to drinkduring the day so I didn’t shake, so I didn’t need any more atnight. And I basically wanted everyone to leave me alone,because my alcoholism was physically taking me over, and Icouldn’t handle what was going on.

It didn’t matter to me whether it was the weekend or not.I needed alcohol so I wouldn’t shake before I would go toclass, so I would just have a little wine. The problem was thateverybody knew everybody at law school. Everyone was at thesame parties, there were only 100 of us in each class, andthere was a lot of drinking. The one day I was drinking athome before I went to the party and I couldn’t find my waythere. I got lost, and where did I get lost? In front of a mili-tary academy, where there were police officers andBreathalyzers, and so I got my first and only DWI. And hereI am at law school, and I remember being really upsetbecause I was stuck in jail, and every other person (at lawschool) was at that party except for me, and they were all

drinking and couldn’t come pick me up, and I was the onlyone that got arrested.

I finally got out of there and I went home and I popped abottle of champagne because I got out of jail. That story wentaround school, and I remember feeling funny that peoplewere thinking that I drank too much, and I thought who arethey? Everybody was drinking a lot, and there was anotherstudent that was in a serious car accident, alcohol-related,but she wasn’t arrested because they got her home in time.And I was pretty mad that I was going to have to face goingto alcohol classes as a result of the legal work that was beingdone for me when I came back. But I never made it back toschool.

I went home for Christmas break and was diagnosed witha form of pneumonia because my body was so worn downthat I had a double respiratory distress syndrome which is alot like SARS. I had a two percent chance of survival, and Ihad weighed 220 pounds because all my organs had shutdown. You can see my trach scars and chest tube scars. Thedoctors didn’t know how much alcohol was actually in my

system all the time. I think the reason I blewa .35 at my DWI was because I had a base ofabout .02 going on all the time. If I dippedbelow that, I would actually start shaking.

No one had addressed any of this, and Ilooked fine until I was in the hospital, andall my hair fell out, and I missed my secondsemester at law school. I hadn’t done so wellanyway, so I didn’t really want to go backthere, and I didn’t know what I was going todo with my life. I took off for Australia for ayear, and when I came back I went to a lawschool in New York.

I moved back in with my lucky parentsand decided to try it again at law school.There I guess I was basically in blackoutshalf the time, I was passing out in my car,making it to classes sometimes, sometimesnot. I did make it through the first semester,even got an honors in contracts. I ended updoing two first semesters of law school,because my first law school’s credits would-n’t transfer, so I just started over.

In the second semester, it was just so bad,I was having trouble regulating my drinking.I couldn’t tell where my tolerance was any-more, and I basically needed to function butcouldn’t function, and I passed out in one ofmy exams; what a nightmare. When I wokeup, I just said I am not going to be able to dothis, I can’t, I am never going to be a lawyer.I really was killing myself and I couldn’tstop.

I couldn’t stay sober at AA either, so they told me I neededmore help and I went to rehab. I don’t really remember, andthe next thing I know I was in rehab that summer. Fromthere, I called the dean and told her that I wanted to comeback and asked what I needed to do. And she let me take theexams that I had missed by studying by myself that fall, usingthe notes that I had (most of them were just pen lines downthe page), but I read what I needed to read, and I caught up,so I graduated a semester late, and my self-esteem was prettylow.

Ego deflation is part of recovery in AA, though it doesn’treally suit me and didn’t suit me in law school. Everyone elsewas pretty full of themselves and I was really, really scared,but it really didn’t do me a disservice. Actually, I ended upwinning lots of awards and my clients really love me.

I am a grateful attorney, I know from where I’ve come, andI just look forward to my future.

I know when I was confronted that I didn’t want to stop,because I didn’t know that I could, and a lot of people can’t.

I know I am blessed. I know a lot of people die, but if wedon’t address the problem, then what good is that?

So I don’t know the answers. We do not always want help,but once we get it, we can become tremendously productiveand helpful and useful members of society. I promise.

Editor’s note: If you or a colleague are struggling with sub-stance abuse, help is readily available. Call 852-1777 for com-pletely confidential assistance.

“We do not always

want help, but once

we get it, we can

become tremendously

productive and

helpful and useful

members of society.”


who work there so I will be talking to them about ways inwhich we can help to support and promote their work.

Meanwhile, back in the real world, my term as presidenthas passed its middle mark. Like a well-run relay race, and asI did last year, the vice president is turning his jog into a can-ter and picking up more of the engagement pieces, to be atfull speed by the time of his inauguration, how time flies!

Our government has recently announced that in the life-time of this Parliament, another four years yet, we will behaving a review of the registry landscape, which last had rad-ical change in 2007 when external non-lawyer ownership wasintroduced. There are some passionate, and opposing, viewsexpressed by numerous parties each with a different agendaand alternative vision of what the future might look like.Politicking with government ministers, policy makers and

those who influence them has already begun (although somewill not admit to it).

We are quite clear that the independence of the professionand its ability to uphold the rule of law including holdinggovernment to account is absolutely central. Liberalizationmay bring some commercial benefits but they should neverbe at the expense of the ethics which make us a profession.This discussion will run long after my term but how webehave and set the agenda now, in my final few months, maybe decisive - so much thought and hard work is needed.

As to my final definition, I suspect that whatever changeswe see in the legal world - regulatory, political or judicial -the average attorney’s desk, and the ability of its user tolocate any item on it, will remain one of the great mysteriesof science! [B]

those 240 homeless veterans whose data was entered intoHMIS, 81 percent were male and 13 percent were female(data was lacking for the additional six percent).

According to the report, African-Americans are dispro-portionately represented in the homeless veteran population.African-Americans make up less than 15 percent of the over-all population of American veterans but account for 55 per-cent of the population of homeless veterans. Sixty-one per-cent of Erie County’s homeless veterans report having a dis-abling condition. Alcohol and/or drug abuse was reported by70 percent of those surveyed.

Buffalo’s recent transformation and increasing gentrifica-tion is generally lauded, but for low-income households inour community, Buffalo’s increasing economic success trans-lates into personal financial insecurity. As housing pricesincrease, people without means discover that decent, safe andaffordable housing – which has always been a limited com-modity – is more difficult to locate. Until we, as a communi-ty, commit to increasing the availability of subsidized hous-ing for people in need, low-income households, includingveteran families, will continue to be challenged by housinginstability.

For many veterans and people with limited means, hous-ing choice is further limited by discrimination. Under NewYork state law, discrimination based on several factors,including race, ethnicity, military status, and disability isunlawful. Under both federal and state law, tenants with dis-abilities are entitled to both reasonable accommodations andreasonable modifications that would allow them to use andenjoy a rental unit. Recently, Housing Opportunities MadeEqual (HOME) fought successfully to prevent the evictionof a disabled veteran who had recently obtained a service dog.HOME’s client, a 30-year-old father and veteran who hadserved in both Iraq and Afghanistan, had struggled with aservice-related disability and had obtained the service animalto assist him with disability-related challenges. When thelandlord heard about the service animal, he served the fami-ly with an eviction notice. As a result of HOME’s advocacy,the landlord agreed to allow the family to keep the serviceanimal as a reasonable accommodation, and rescinded theeviction notice.

A collaborative community approach that provides advo-cacy and assistance to veterans and their families significant-ly broadens the safety net available to veterans and fosterspersonal and household stability. The Veteran’s OutreachCenter, conveniently located in downtown Buffalo in theBrisbane Building at Lafayette Square at 403 Main Street,Suite 320, provides a holistic array of services to the veterancommunity, including employment and job training, educa-tional benefit counseling, veteran-to-veteran partnerships,and financial counseling. Low-income veterans and theirfamilies facing eviction or homelessness may qualify forrental arrears, moving expenses, security deposits, utility pay-ments, and future rent payments through the SupportiveServices for Veteran Families (SSVF) program.

Neighborhood Legal Services staff are available onsite atthe Veteran’s Outreach Center Monday through Friday toprovide free legal assistance and advocacy to SSVF programparticipants in the areas of landlord/tenant law, public bene-fits advocacy, housing discrimination counseling, and familyand disability law. This comprehensive portfolio of support-ive services is designed not only to assist veterans in crisis,but also serves as a safety net to prevent veterans and theirfamilies from homelessness and destitution. NLS is proud tobe able to assist these honorable men and women who haveso courageously served in our nation’s armed forces. [B]


News from Kent continued from page 9 In the Public Service continued from page 8



We are now beginning work on the 2016-17 ATTORNEY DIRECTORY.IF YOU HAVE ANY CHANGES TO YOUR CURRENT LISTING, YOU MUST SUBMIT THEM NO LATER THAN MARCH 1.

PUBLISHED BY THE BAR ASSOCIATION OF ERIE COUNTY

E I G H T H J U D I C I A L D I S T R I C T

O F A T T O R N E Y S A N D T H E C O U R T S

DIRECTORYSee page 5 of the current Directory for further details.

“Surely as cometh the Winter, I know

There are Spring violets under the snow.”

– R. H. Newell



RECYCLE YOUR BULLETIN

ments that the Federal Unlawful Internet GamblingEnforcement Act of 2006 (UIGEA), 31 U.S.C. 5362-5363,protects their activities. While UIGEA carves out an excep-tion for fantasy sports, Judge Mendez noted that it also cre-ates an exception for gambling where the bet or wager isunlawful under state law. Judge Mendez also rejected thedefenses of laches and estoppel, as well as DraftKings’ con-stitutional arguments of violations of due process, equal pro-tection, and separation of powers.

A few hours after Judge Mendez’s decision was issued,State Supreme Court Appellate Division Associate JusticePaul Feinman of the First Department granted a temporarystay, allowing FanDuel and DraftKings to operate in NewYork for the time being. FanDuel and DraftKings have filedan appeal, and the parties are preparing to argue the casebefore the First Department. Meanwhile, Attorney GeneralSchneiderman has expanded his investigation to includeYahoo! Sports.

The DFS issues continue to evolve rapidly. In nextmonth’s column, I will provide an update on DFS in NewYork and, with help from my partner, Robert McLaughlin,head of Hodgson Russ’s Gaming Law Practice group, willprovide a detailed discussion regarding the Federal UnlawfulInternet Gambling Enforcement Act of 2006 (UIGEA). [B]

Cyberlaw continued from page 6


By Jeffrey Freedman, Managing PartnerJeffrey Freedman Attorneys, PLLC

The recent Bipartisan Budget Actapproved by Congress ensures the 11million workers currently receiving SocialSecurity Disability Insurance (SSDI)benefits - which average $1,165 a month- will not see any cuts in their income.Prior to the agreement, the Social

Security Disability Trust Fund was scheduled to run out ofmoney in 2016, which would have resulted in a 20 percentreduction in benefits. Congress avoided this action by tem-porarily reallocating payroll taxes from the retirement systemto the disability trust fund, so that all benefits can be paid infull until 2022. This is not a permanent fix; however, it buystime for Congress to explore other options which would sta-bilize the program into the future.

Since the inception of the two programs in 1956, Congresshas used the reallocation of payroll taxes to make up forshortfalls. Typically, this action has been in response to thechanging demographics of the country, with significanteffects.

This budget is the first major change to SocialSecurity since 1983, when the retirement age wasraised from 65 to 67 and there was a cut in the shareof the payroll tax allocated to SSDI. At that timethe Retirement Trust Fund was facing insolvencyand the Disability Insurance trust fund was healthy.

Unfortunately, the increase in the retirement agehad a major effect on the SSDI trust fund for severalreasons. The probability of becoming disabled istwice as likely for those aged 50 and over, and evenhigher at age 60 compared to age 50. Raising theretirement age increased both the numbers of peopleon SSDI, and increased the length of time claimantscollect disability before transitioning to retirementbenefits.

Additional provisions made in 1983 set the SSDI TrustFund on track to receive 1.1 percent of the payroll tax, whichwould have funded the disability trust fund well beyond2016. However, in 1994 Congress cut SSDI’s share of thepayroll tax to .09 percent, where it has remained ever since,causing the shortfall projected in 2016.

The budget deal includes other measures directed atreducing fraud and enhancing the disability program includ-ing:

• Expanding Cooperative Disability Investigation Unitsto all 50 states. (These are offices overseen by the Officeof Inspector General which investigate disabilityclaims.)

• Raising the cap on spending to support the expansionof CDI units and continuing disability reviews.

• Allowing the agency to implement electronic payrolldata with the hope of reducing improper payments.

• Closing loopholes (such as “file and suspend”) to pre-vent the award of greater benefits than intended byCongress.

• Requiring medical reviews at the initial applicationstage. By having medical reviews early in the process,more claimants will be awarded benefits early, so thebacklog of claims waiting to be heard by an administra-tion law judge will be reduced.

Another feature of the budget agreement is funding for ademonstration project that will replace what is called the“cash cliff” with a “benefit offset.” Currently, if SSDI recipi-ents who work part-time reach an income level above a cer-tain earning cap, their benefits are cut off. With the “benefitoffset,” claimants would see their benefits reduced by onedollar for every two dollars earned above the threshold. TheSocial Security Administration (SSA) hopes this will encour-age those who can work to do so, which eventually will

reduce the roles of those on SSDI.

Measures to reduce fraud, such asthe expansion of CDI units and defin-ing a new felony “conspiracy to commitSocial Security fraud,” which is punish-able by up to five years in prison and$250,000 in fines, may be excessive inrelation to the amount of SSDI fraudthat exists. The GovernmentAccountability Office (GAO) recentlyreported during the 10-year period2004 to 2015, the SSDI program over-paid $11 billion to claimants who

worked and earned more than the maximum allowed to qual-ify for full benefits. The program, however, actually regained$7.8 billion by collecting from those who had been overpaid.

Ultimately, the GAO indicated that only $1.4 billion inwork-related overpayments was written off, which amountedto .12 percent of the SSDI programs’ total expenditures overthe 10-year period. This represents a 99.88 percent accuracyrate in an agency that distributed $143 billion in disabilitybenefits in 2014 alone. Any private-sector company with a99.88 percent accuracy rate over 10 years would be consid-ered a model in its industry.

Overall, the budget is favorable for those receiving SSDIbenefits; however, Congress must look into more permanent

solutions. One of the proposed solutions, raising the retire-ment age to 70, would be positive for the retirement systembut - as we saw in 1983 - negative for the disability program.Other options, such as changing the income cap for thosewho pay into Social Security, would be more effective at sta-bilizing this vital social safety net. [B]


Budget Act Has Positive Effect on Social SecurityDisability Program

“This budget is thefirst major changeto Social Securitysince 1983.”


Toy Drive BenefitsChildren in Abuse andNeglect Proceedings

The Sixth Annual Yuletide Challenge Toy Drive bright-ened the holidays for many children, thanks to the hard workand generosity of the Bar Association of Erie County’sYoung Lawyers Committee. The Yuletide Challenge ToyDrive benefits the Legal Aid Bureau’s Attorneys forChildren Unit, which represents children involved in abuseand neglect proceedings and this year is being touted as themost successful drive to date.

Santa Claus (who, curiously, is never seen in the companyof Frank J. Longo, Esq.) distributed toys to many happy chil-dren at a holiday event which was held in the lobby of theEllicott Square Building. In total, there were 1,129 donatedtoys and gift cards to be distributed by the Legal AidBureau’s staff during the holiday season. The Legal AidBureau wishes to extend a very special, heartfelt, thanks toeveryone involved in organizing the best Yuletide ChallengeToy Drive yet. [B]


A Special Thank You!!!BAEC’s Young Lawyers Committee would

like to thank the participants of the 2015 YuletideToy Drive.

The following firms competed in their categoryto raise the most toys for Legal Aid to be distrib-uted to children involved in abuse and neglectproceedings. With their help, we raised over1,100 toys!!!

Small FirmsAnspach Meeks Ellenberger LLPCole, Sorrentino, Hurley, Hewner

& Gambino, P.C.Doran & Murphy PLLC (Winner)Hawthorne & Vesper

Medium FirmsColucci & Gallaher, P.C.Duke, Holzman, Photiadis & Gresens LLPThe Tarantino Law Firm, LLP (Winner)

Large FirmsErie County District Attorney’s

Office (Winner)Harris Beach PLLCHodgson Russ LLP

Thank you for your generous contributions andfor making this season a little brighter for thesekids!

By Sunil Bakshi and Joseph Leta

Since the passage of the new DMVregulations for multiple DWI offenders,many attorneys have been scratchingtheir heads on their practical implica-tions, such as how the DMV will applythese regulations, and ultimately, how toavoid potential pitfalls. Our office wasrecently retained on a matter, which webelieve is an excellent case study on theinterplay of these regulations and theirpractical implications. This is a follow-up to a previous article where we dis-cussed the questionable effects ofmultiple out-of-state alcohol-relateddriving convictions associated with reli-censing through the DMV.

In this case, our client was a validly-licensed New York state driver. Our client’s vehicle wasstopped on the shoulder of a highway with the keys in theignition. An officer approached the vehicle to offer assis-tance, at which time the officer observed signs that our clienthad consumed alcohol. In our experience, there would be noissue with probable cause or operation here, since the vehiclewas already stopped and the motorwas running. The officer subsequentlyadministered field sobriety tests andour client failed all four tests given.Our client was later taken back to thepolice station and was given theBreathalyzer Test, where he registered0.14 percent. Our client was chargedwith violations of N.Y. V.T.L. §§1192(2) (Per Se DWI), and 1192(3)(Common Law DWI).

As we interviewed our client aboutthis offense and his past history, hedivulged to us that he had two priornon-felony, out-of-state alcoholrelated offenses in the 1990s, bothwithin 25 years of this present offense.Luckily for our client, his prior misde-meanor DWI conviction was over 10years ago, so this present offense wasnot at a felony level. However, wewere worried that since this offensecould constitute his third alcohol-related driving offense in 25 years, hecould be facing an additional five-yearrevocation of his license after thecourt imposed revocation, without theability to have a conditional license,and for five years following that revo-cation, he would have a DMV-mandated interlock device inhis car. Our client would not have full driving privileges fora period in excess of 10 years, considering the time to resolvethe case with the district attorney.

To make matters worse, if the DMV determined that ourclient had a serious driving offense on his record, such as adriving-related Penal Law conviction or the accumulation of20 or more points within 25 years, he may face a lifetime rev-ocation of his license. This was an eventuality we needed toavoid.

The first issue which needed to be resolved was whetherthe out-of-state convictions would count towards the three

in 25 rule. After our first appearance in court, we reviewedour client’s NYSIS (rap sheet) which made a vague referenceto an out-of-state alcohol-related arrest, but there was noconviction reported. We wondered what his New YorkDMV record contained regarding prior out-of-state convic-tions. When we referenced this issue with the DMV, theyinformed us that when they are triggered to perform a dri-ver’s license lifetime review, i.e. upon request for relicensingafter a revocation terminates, they check the interstateDriver’s License Registry, which is broader than the NYSISand lists all out-of-state convictions for alcohol-relatedoffenses.

The Driver’s License Compact is an interstate agreementbetween 45 states that share information regarding licensesuspensions, traffic violations and alcohol-related drivingoffenses. There are non-member states, and unfortunatelyfor our client his offense did not occur in a non-memberstate. Therefore, it would be safe to assume that the NewYork DMV would be well aware of these prior offensesshould our client trigger a driver’s license lifetime review.

The next issue was how to avoid triggering a driver’slicense lifetime review. After conferring with the DMV, theywould only review our client’s record if his license were

revoked as a result of this new offense.Therefore, if we could avoid a revocation, wecould avoid a driver’s license lifetime review, andhe could continue to drive legally.

In this case, our client made a wise choice bytaking the Breathalyzer Test. While many attor-neys are quick to advise refusing theBreathalyzer, it is extremely tough (not impossi-ble) to avoid a revocation of a driver’s licenseresulting from the refusal hearing. In this case, ifhe refused and lost the refusal hearing, he wouldbe revoked by the DMV. Therefore, once hecompletes this DMV-mandated revocationperiod, the DMV would perform a driver’slicense lifetime review and restrict him for fivemore years as per the new regulations, notwith-standing the outcome of the 1192 charges.

Since our client took the Breathalyzer Test atthe police station, his driving privileges weremerely suspended pending prosecution at thearraignment. This was clearly the right choice forour client.

Therefore, the only other way our client wouldbe revoked by the DMV is if he were foundguilty of N.Y. V.T.L. §1192(2) or 1192(3)(DWI), as a N.Y. V.T.L. §1192(1) (DWAI)conviction would only lead to a suspension. TheDMV ordinarily will not do a driver’s license

lifetime review following a suspension, only after a revoca-tion. Should our client be convicted of a DWAI, he shouldqualify for a conditional license for 90 days, and after com-pleting the Drinking Driver Program, he would automati-cally be relicensed. The DMV also has stated that in thisscenario, unless his license was otherwise revoked in thefuture, he could conceivably drive for as long as he is able to.

Since the reading of 0.14 percent was outside of theDistrict Attorney’s plea policy, the only option here was torun a trial on the matter leaving the issue to a judge or jury.Either way, this leads to a risky proposition. Our client’s

Do Out-of-State Alcohol-Related Driving ConvictionsCount for Multiple Violation Status with the DMV?

Bakshi

Leta


“Luckily for our client,

his prior misdemeanor

DWI conviction was

over 10 years ago, so

this present offense was

not at a felony level.”

Santa delivers presents from the Yuletide Challenge ToyDrive to bring a smile to children who are clients of theAttorneys for Children Unit of The Legal Aid Bureau ofBuffalo, Inc.


While the number of traditional landlines in the U.S. andNorth America is decreasing, the fact remains that they’renot totally disappearing. And as much as an aggressive sales-person may tell you that the time for traditional landlineservice (also known as TDM, for “time division multiplex-ing”) has come and gone and that it’s going the way of thehmmm…vinyl record? (no they’re back) cheap gas (no, that’sback too), the empty plane flying to your destination ( I fearthat’s NEVER coming back)), the salesperson who pushes anewer and very capable technology called “SIP” (for “sessioninitiated protocol”) is overselling if he/she tells the customerthat it will be the only way going forward.

SIP is defined as “a standard protocol for initiating aninteractive user session (in English, a phone call, data trans-mission, or video transmission). SIP can enable all sorts ofconnections between devices while providing great flexibilityto its users. (Google “search unified communications” foradditional technical information). Bottom line: the underly-ing technology offers great flexibility and capability,

although it’s not without limitation. Before taking theplunge, it’s critical that decision makers understand whatthose vulnerabilities are because they can force unhappychanges for the unprepared consumer.

Recently, a very smart and tech-savvy client of mine wastold by a well-known SIP provider (of course) that in thenext five years, 92.7 percent of new phone lines in the U.S.will be SIP. In response to his query about the validity of thisstatement, I both researched on my own and reached out tomy consultant network for members’ feedback for an answer.The short answer is that the vendor’s num-bers are aggressive by any possible calcula-tion. The percentage of SIP trunks orcircuits will continue to increase, as thenumber of traditional TDM trunks or cir-cuits decreases, but 92 percent is as crazy anumber, as is the thought that TDM cir-cuits will disappear entirely. Neither islikely to happen.

What is likely to happen, however, is thatan increasing number of business customersare likely to base their communicationarchitectures on greater amounts ofInternet bandwidth and capacity as part ofan overall network plan that supports mul-tiple communications components (voice,data, video) rather than investing in SIPtrunks as a separate, partitioned, andunshared communication facility. Finally,consensus is that overall network architec-tures are changing with SIP being a critical– but not the sole – underlying technology.

For any number of good reasons, tradi-tional circuits that have supported businesscommunications (historically supportingonly voice and fax) are gracefully makingway for more sophisticated technologiesthat can support multiple types of commu-nication (voice, video and data) over a single large communi-cations pipe. Because the cost of maintenance andreplacement of this old technology is so high, and because ofthe capabilities that other IP-technologies offer, the portionof the market that relies on TDM is gracefully stepping back,although not disappearing completely.

SIP does not – and cannot provide all of the services thatTDM does. Considering a 1:1 replacement is not a goodplan by any measure. First of all, not all central offices (local

phone company hubs) support SIP consistently. In addition,SIP’s technical limitations may prevent it from allowinginbound direct inward dialing (DID-calling an “in house”number directly instead of going through a switchboard) andcircuit failover options that are readily available with TDM.

SIP Vulnerabilities and Limitations In a nutshell, SIP does not fully support unified commu-

nications (UC). UC is a frequently heard buzzword that isused to describe “all forms of call and multimedia/cross-media message-management functions controlled by an indi-vidual user for both business and social purposes.”Limitations on support of UC are relevant if your firm isconsidering a long-term plan.

There is no question that Internet bandwidth is becomingnot only increasingly valuable, but also available. As providedby Ethernet-based IP backbone providers, it’s also becomingincreasingly cost-effective. According to UC guru MartyParker, “The consequence is that increasing numbers of

enterprise customers are likely to base theircommunication architectures on expan-sions of their Internet bandwidth as part ofa converged network plan rather thaninvesting in SIP trunks as a separate, parti-tioned, and unshared communication facil-ity.”

SIP trunking creates the same types ofproblems as do all Internet-based commu-nications systems – 911 information, par-ticularly with respect to both location andnumber identification, is not reliable. Assuch, providers will force customers (orthey should force customers) to acknowl-edge the vulnerability in this infrastructureelement, and those enterprise/end usersmust address 911 obligations independ-ently of the service provider. That’s not tosay that it can’t be done, but it won’t beautomatic – or readily accessible – as it hasbeen with TDM. It’s important to buildthese costs into any system configurationchange because while the underlying tech-nology may not be well-suited to providingthis information, the employer still retainsits OSHA and other mandates to provide asafe workplace for employees, consultants,and guests. That is, save budget roombecause compliance where it’s required by

law, or simply good judgment, can be costly.

One final point. SIP is a signaling/call protocol, not atransport protocol. What makes SIP impressive is its abilityto set up connections among and between voice, video andother devices and recognize the most efficient path available.But it is not without limitations, and as such is not theanswer to all questions. It’s also not likely to achieve that92.7 percent benchmark quoted by a vendor trying to sell myclient. For the record, my client didn’t buy. [B]


Are You An AttorneyStruggling With

Depression?If so, you’re definitely not alone. A recent

Johns Hopkins study of 108 occupations foundthat lawyers topped the list of those who sufferedfrom depression. Attorneys were found to sufferfrom depression at a rate of four times that of thegeneral population.

Depression is a treatable illness and the rightcombination of medications and therapies cansignificantly improve the quality of life for thosewho suffer from it.

Help and support are just a phone call away.The Lawyers with Depression Support Groupmeets on a weekly basis to share stories and fel-lowship. The group meets every Friday (exceptholidays). See the calendar on page 28 for meet-ing dates, times and locations.

If you or a colleague are struggling withdepression, there is no need to suffer in silence.For further information, visit www.lawyerswith-depression.com or contact Daniel T. Lukasik at847-1010. All calls are strictly confidential. Weinvite you to join us and share your story.

lost in (techno) space

SIP: It’s More Than What You Do with Hot Chocolate

“There is no question

that Internet band-

width is becoming

not only increasingly

valuable, but also

available. It’s also

becoming increasingly

cost-effective.”

By Martha Buyer



Contributions to the Erie County Bar Foundation provide an excellentvehicle for recognizing and honoring members of our profession.Memorial gifts to the Foundation become a lasting tribute to the entirelegal profession, as funds are used exclusively to assist attorneys andpromote understanding of our legal system.

In Memory of Rosanne M. Gugino:Christopher A. HeadJoseph & Eileen Ryan

In Memory of Joseph M. Ralabate:Bar Association of Erie CountyColeman VolgenauJoel L. DanielsLouis Cacciato

In Memory of Edward A. Bruch:Craig R. Bucki

In Memory of Bill Cunningham:Thomas Allan Palmer

In Memory of Floyd H. Hurst:Phillip Brothman

In Memory of Leonard Schoenborn:Daniel L. Schoenborn

In Memory of Richard M. Metschl:Daniel R. Metschl

In Memory of Philip H. Magner, Jr.:Harry Brand

In Memory of Eric T. Dadd:David H. Nelson

In Memory of Donald Day:Herbert J. Glose

In Memory of Prudence Fung:Hon. Catherine Nugent Panepinto

In Memory of My Father, Howard M.Curran:

Hon. John M. Curran

In Memory of Kenneth H. Hall:Jay W. Ricketts

In Memory of Thomas Scime (Fatherof James T. Scime):

Jim & Mary SheaJohn BallowMichael & Nancy BradyPhilip Celniker

In Memory of My Father, John J.Flynn, Sr.:

John J. Flynn

In Memory of Frank Nicosia:Jerome D. CarrelJoel L. DanielsLouis CacciatoThomas Whissel

In Memory of Michael Rooth:Thomas C. Farley, Jr.Walter L. Rooth

In Memory of Richard Cox (Fatherof Jonathan Cox):

Bob Freedman & Maryann Saccomando Freedman

In Memory of Douglas Kuhn:George R. Grasser

In Memory of Deborah SorbiniBarnes:

John C. Murrett, Jr.

In Memory of James F. McLoughlin:Leslie Mark Greenbaum

In Memory of Robert O. Swados &Bikki Swados:

Karen L. Mathews

In Memory of Kenneth L. Cooper:Michael J. Cooper

In Recognition of KatherineStrong Bifaro’s LamplighterAward:

Maryann Saccomando Freedman

In Appreciation of My Recoveryfrom Illness:

Steven M. Cohen

In Honor of Garry Graber for hisContributions to the Well-Being ofLawyers:

Gabriel J. Ferber

In Honor of Hon. James B. Kane,JSC and Former Eighth JudicialDistrict Administrative Judge:

Harry Brand

In Honor of Richard Blewett:Rocco Lucente, II

In Honor of Hon. Michael L.D’Amico:

Andrew B. Isenberg

In Honor of Hon. Douglas W.Marky, Retiring Justice of AuroraTown Court:

Jeffrey & Mia Markello

In Honor of Terry Connors,Recipient of the UB Law SchoolEdwin F. Jaeckle Award:

Anthony M. NosekJoel L. Daniels

In Honor of Andrew D. Yusick, Jr.:Phillip Brothman

In Memory of George R. Rich:Anthony M. NosekJames W. Grable, Jr.Terry D. Smith

In Memory of Michael T. Kelly:Bar Association of Erie CountyStephen E. Cavanaugh

In Memory of Bernard Freedman(Father of Jeffrey M. Freedman):


Personius Melber LLPPhilip CelnikerSharon & Dan GerstmanWilliam Mattar

In Memory of Edward M.Zimmerman:

George R. Grasser

In Memory of Martin P. Violante:John C. Murrett, Jr.

In Memory of Brenda Moynihan:Thomas C. Farley, Jr.

In Memory of Norma A. Maghran(Wife of Irving Maghran):

Michael & Nancy Brady

In Memory of Hon. M. DoloresDenman:

Leslie Mark Greenbaum

In Memory of William R. Brennan:Charles C. MartoranaMark R. McNamara

In Memory of Sherree Meadows:Jennifer P. Stergion

In Memory of Gerard J. Lankes:Robert W. Frangooles

In Memory of Don I. Dally:Roderick Quebral

The Foundation gratefully acknowledgesthe following contributions:

In Memory of Richard S. Kulick:Ronald Willig

In Memory of Edward Spector:Jeffrey A. Spencer

In Memory of David Jay:Marilyn A. Hochfield

In Memory of Raymond J.McNamara:

Mark R. McNamara

In Memory of Sharon Thomas,Buffalo City Court Chief Clerk:

Karen M. McCafferty

In Memory of Terry D. Loretto:Karen Richardson

In Memory of Richard Wyssling:Kathleen E. O’Hara

In Memory of Robbie Billingsly:Kathleen M. Carmody

In Memory of Carmen P. Tarantino:Kathleen M. Sweet

In Memory of Julia E. Roberts:Kenneth A. KrajewskiNicole Graci

In Memory of Barbara & BernardFreedman (Parents of Jeffrey M.Freedman):

Lynda & Bernard Freedman

In Memory of Hon. John P. Callanan,Sr.:

Margaret C. Callanan

In Memory of Milton Strebel:Myron M. Siegel

In Memory of Christine Uba:Patrick J. Brown

In Memory of Cortney Morrison-Taylor:

Paul Morrison-Taylor

In Memory of Carl M. Cole:Richard H. Cole

In Memory of Joseph C. Vispi:John C. Murrett, Jr.

In Memory of Bernard Saumby:Thomas Whissel

In Memory of Arthur Dobson:Walter L. Rooth

In Memory of Steffi Bloch (Mother ofHon. Lisa Bloch Rodwin):


Judith Katzenelson & Joel Brownstein

In Memory of R. Peter Morrow, III:David R. PfalzgrafGeorge R. GrasserJoseph & Eileen RyanPaula & Terry NewcombPeter J. Brevorka & Jillian E. BrevorkaRobert G. Spampata, Jr.

Foundation Contributions to Benefit Profession

In Memory of Irving M. Shuman:Leslie Mark Greenbaum

In Memory of Kenneth J. Gluc(Father of Kevin Gluc):

Michael & Nancy Brady

In Memory of My Dad, Albert M.Ranni:

Sarah K. Ranni

In Memory of Mark Hirschorn:Thomas Allan Palmer

In Memory of Sol Daniels:Phillip Brothman

In Memory of John Phelan:Hon. Timothy J. Drury

In Memory of John W. Cegielski:Thomas J. Vaughan

In Memory of Paul Sweeney, NiagaraSquare Abstract Title Searcher:

William P. Johnson

In Memory of Robert Burns Druar:William W. Berry

In Memory of Roman ChristopherRogers:

Thomas C. Farley, Jr.

In Memory of James N. Carlo:Nancy J. Bizub

In Memory of Victor T. Fuzak:Mark J. Fuzak

In Memory of Francis J. Offermann,Jr.:

Jerome D. Adner

In Memory of My Mother, Anne M.Lalli:

Linda Lalli Stark

In Memory of Linda Chiari (Wife ofDonald P. Chiari):

Michael & Nancy BradyPaula & Terry Newcomb

In Memory of Bobbi & BernieFreedman (Parents of Jeffrey M.Freedman):

Raymond L. Fink

In Memory of My Cousin, Peter J.Murrett, III:

John C. Murrett, Jr.

In Memory of Alan Kaminsky:Josephine Greco & Chris Trapp

In Memory of Michael J. Flaherty:Hon. Jeremiah J. McCarthy


JUDICIAL RECUSALIn Livecchi v. Gordon, No. 15-CV-6309EAW (November

23, 2015), a pro se debtor in a Chapter 7 bankruptcy pro-ceeding appealed from an Order of the Bankruptcy Courtapproving the final report and application for compensationof the trustee on grounds that the bankruptcy judge shouldhave recused himself. The debtor argued that the bankruptcyjudge was automatically disqualified from presiding furtherover the proceeding as soon as the debtor filed an affidavit,pursuant to 28 U.S.C. §144, stating the judge was biased andprejudiced toward the debtor.

Noting first that courts within the Second Circuit aredivided on whether 28 U.S.C. §144 applies to bankruptcyjudges, the court concluded it did not need to resolve thatissue because the debtor’s affidavit was plainly insufficient torequire such recusal in any event. The court held that thestatute did not provide for automatic recusal merely upon thefiling of the affidavit, but rather required the court to deter-mine whether the affidavit established an objectionable incli-nation or disposition that would prevent or impedeimpartiality of judgment. In this case, the debtor madenumerous general and conclusory statements about the bank-ruptcy judge’s ability to preside over the case but offered nofactual support for any allegation of bias. The court con-cluded by noting that prior judicial rulings alone almostnever constitute a valid basis for a recusal motion, and that amotion under §144 instead “looks to extrajudicial con-duct…not conduct which arises in a judicial context.”

CIVIL RIGHTSIn Kobrovski, et al. v. City of Rochester, et al., No. 15-CV-

6030CJS (December 3, 2015), plaintiffs had obtained a seriesof special use permits, from 2004 through 2014, to presentlive, outdoor, amplified music at their restaurant in down-town Rochester. With each permit, defendants graduallyrestricted the days, hours and other conditions when the

music could be staged, apparently in response to complaintsfrom nearby residents. When defendants issued their mostrestrictive permit yet in 2014, plaintiffs commenced anaction under 42 U.S.C. §1983, asserting constitutional viola-tions of due process, equal protection, the Takings Clause,and the First Amendment. The court granted defendants’motion to dismiss pursuant to Rule 12(b)(6), ruling first thatplaintiffs failed to allege a plausible due process claimbecause they had not pleaded that they had a constitution-ally-protected property interest in the broader and lessrestricted permit that they sought but had been denied.

The court also held that the complaint failed to state anequal protection claim because plaintiffs failed to plausiblyallege that there was any property sufficiently similar totheirs that was treated more favorably bydefendants. The court dismissed the takingsclaim because plaintiffs, who conceded theyhad not been deprived of “all economicallybeneficial uses” of their property, failed toplausibly allege an economic impact that roseto the level of a taking or explain how defen-dants’ actions had interfered with their rea-sonable investment-backed expectations.The court also noted that a constitutionaltaking is more readily found when the inter-ference with property can be characterized asa physical invasion by government, ratherthan when the interference arises from somepublic program adjusting the benefits andburdens of economic life to promote thecommon good. Here, the restriction onplaintiffs’ use of their property fell into thelatter category because it was designed toensure that city residents living near therestaurant could enjoy their property withoutbeing disturbed by excessive noise from out-door concerts.

The court then dismissed the First Amendment claim, inwhich plaintiffs argued that the city’s noise ordinance wasunconstitutionally vague and overbroad, both because plain-tiffs failed to allege they had standing to bring such a claim,and because the restricted permit issued by defendants wasbased on a finding that excessive noise would have an undueadverse effect on the neighbors pursuant to both the localzoning code and the local noise ordinance, making the chal-lenge to the noise ordinance merely advisory.

EMPLOYMENT LAWIn Lolonga-Gedeon v. Child & Family Services, No. 08-CV-

00300EAW (November 18, 2015), plaintiff brought suitagainst her former employer alleging claims under federaland state law for disparate treatment, retaliation, and hostilework environment. Defendant moved for summary judgmentand the magistrate judge recommended that the motion bedenied except for plaintiff’s state law claims. Defendant filedobjections to the report and recommendation and the districtjudge entered a decision and order granting summary judg-ment as to plaintiff’s retaliation and state law claims butdenied the motion as to plaintiff’s disparate treatment andhostile work environment claims.

Defendant then moved for partial reconsideration, con-tending that plaintiff’s hostile work environment claim

should have been dismissed. Noting thatdefendant’s argument for reconsiderationhad “no more merit now than the first twotimes it was rejected,” the court denied themotion, holding that an issue of fact existsas to whether the alleged harasser hadauthority to take tangible employmentactions, as was required to be plaintiff’ssupervisor, even though her decisionsmight have been subject to review byhigher management.

ARBITRABILITYIn Int’l Union of Operating Engineers,

Local 17, AFL-CIO v. Union Concrete &Constr. Corp., No. 15-CV-372(November 30, 2015), plaintiff sought tocompel arbitration of a labor grievance itfiled in connection with the emergencysnow removal work that defendant per-formed for the County of Erie during the

“Snowvember” storm of 2014. Defendant opposed arbitra-tion, contending that the work did not fall within the scopeof the parties’ collective bargaining agreement (“CBA”) and,therefore, the CBA’s arbitration provision was of no forceand effect. Noting that “the court, not the arbitrator, mustdecide whether the parties agreed to arbitrate the underlyingdispute,” the court denied plaintiff’s motion for summaryjudgment and granted defendant’s cross-motion for summaryjudgment, holding that plaintiff’s “conclusory assertions that[defendant’s] work was covered by the CBA, without anyexplanation as to why that is so, are insufficient to create agenuine issue of fact.” The court also rejected plaintiff’s argu-ment that summary judgment in favor of defendant was pre-mature because defendant had not answered the complaint“since Rule 56(b) allows the motion to be filed ‘at any timeuntil 30 days after the close of all discovery’” (emphasis inoriginal). Finally, although the court rejected plaintiff’srequest for arbitration, dismissal of plaintiff’s complaint waswithout prejudice to its ability to litigate the underlyingclaim. [B]


western district case notesBy Kevin M. Hogan and Sean C. McPhee

“Prior judicial rulingsalone almost neverconstitute a valid basis for a recusal...”


New Rules for NYSAttorney DisciplineProcess

Chief Judge Jonathan Lippman recently announced theadoption by the four Departments of the New York StateSupreme Court, Appellate Division, of new uniformstatewide rules to govern New York’s attorney disciplinaryprocess. The new rules, which provide for a harmonizedapproach to the investigation, adjudication and post-pro-ceeding administration of attorney disciplinary matters wereapproved following public comment and upon recommenda-tion of the Administrative Board of the Courts. They will bepromulgated as Part 1240 of the Rules of the AppellateDivision (22 NYCRR Part 1240) and will take effect in July2016.

The rules announced are “comprehensive in scope, and setforth a uniform approach to the full panoply of issues inattorney discipline,” according to a statement from the court.They include standards of jurisdiction and venue; appoint-ment of disciplinary committees and staff; screening andinvestigation of complaints; proceedings before the AppellateDivision; rules of discovery; the name and nature of availabledisciplinary sanctions and procedural remedies for furtherreview; expanded options for diversion to monitoring pro-grams; reinstatement; and confidentiality.

The adoption of uniform rules was among the foremostrecommendations of the final report of the Commission onStatewide Attorney Discipline, formed by Judge Lippman inMarch 2015 to conduct a rigorous study of disciplinary prac-tice in New York. That report, issued in September, calledfor statewide uniform rules and procedures “that strike thenecessary balance between facilitating prompt resolution ofcomplaints and affording the attorney an opportunity tofairly defend the allegations.”

The new rules are available at www.nycourts.gov/rules/comments/index.shtml. [B]

Chief Judge Jonathan Lippman has announced approvalby the Administrative Board of the Courts of rule changesthat will make the process for requesting audio-visual cover-age of court proceedings easier to navigate by judges, mem-bers of the media and the public. These proposed ruleamendments � to Part 29 of the Rules of the Chief Judge (22NYCRR Part 29) and Part 131 of the Rules of the ChiefAdministrative Judge (22 NYCRR Part 131) � were issuedfor public comment last year. In light of the Board’sapproval, Part 131 will become effective on February 15,2016; Part 29 will be presented to the Court of Appeals forapproval shortly.

The Rules of the Chief Judge (22 NYCRR Part 29) andChief Administrative Judge (22 NYCRR Part 131) address-ing camera coverage of court proceedings in the UnifiedCourt System were last amended in the 1990s, when the leg-islature temporarily permitted broad use of cameras in NewYork courts. Consequently, they had become antiquated inseveral significant aspects, failing adequately to articulate thecourt system’s policy of encouraging open access to courtproceedings where permitted by law, lacking clarity withrespect to the statutory prohibition against broadcasting wit-ness testimony, and dictating the use of long-outdatedequipment.

Remedying these anachronisms and ambiguities, theamendments of Parts 29 and 131 insure conformity with cur-rent law and court practices, confirming the court system’spolicy of facilitating audio-visual coverage of court proceed-ings to the fullest extent permissible by law; reaffirming thestatutory prohibition (set forth in Section 52 of the CivilRights Law) against coverage of proceedings involving testi-mony of parties or witnesses; and confirming the discretionof the presiding trial judge to determine broadcast-relatedissues in the courtroom and the authority of administrativejudges to address such issues elsewhere in the courthouse.

“The old rules, which were promulgated in the late 1980s,were based on New York’s experimental law regarding theuse of cameras in the court,” Judge Lippman said. “With thatlegislation expiring almost 20 years ago, change was longoverdue. The new rules offer more informed guidance to thecourt with regard to audio-visual coverage and will enhancepublic access to judicial proceedings.”

The amended rules are available at www.nycourts.gov/rules/comments/index.shtml. [B]


Special Thanks to our 2016 Event

Sponsors!

Gold SponsorsCounsel Press, Inc.EFPR Group, LLP

Paramount Settlement Planning, LLC and Precision Resolution, LLC

Bronze SponsorsJack W. Hunt & Associates, Inc.

LaBella Associates, PCMVP Network Consulting

M&T BankWinthrop Financial Inc.

Law Firm SponsorsGibson, McAskill & Crosby

Greco Trapp, PLLCHodgson Russ, LLPHurwitz & Fine, PC

Lipsitz & Ponterio, LLCLipsitz Green Scime Cambria LLP

Nixon Peabody LLPLaw Offices of Timothy M. O’Mara

Networking opportunities often occur outside ofthe law firm. Get connected and stay connected byattending Bar Association events.

Should you wish to become an event sponsor, we invite you to establish and cultivate a professionalrelationship with our Association. Please contactMaureen Gorski at 852-8687 or [email protected].

Amended Rules Address Cameras in the Courtroom

ability to drive for the next five years hung completely on theresult of that trial.

We also wondered about multiple prior and conditionallicense eligibility. Upon application for a post-convictionconditional license, the DMV may deny the conditionallicense depending on how it treats the out-of-state convic-tions. The analysis for conditional license qualification withmultiple priors is another area the practitioner should knowin advance of advising clients, as this area is wrought withDMV discretion which leads to a case-by-case analysis.

Do Out-of-State Alcohol-Related Driving ConvictionsCount for Multiple Violation Status with the DMV?

Therefore, it is conceivable that in this scenario, our clientwould have a conditional license for a period of time, until hereapplies, post-revocation, at which point he would probablylose his conditional and have no license for a period of fiveyears, if convicted of 1192-2, or 1192-3.

Obviously, the implications of the DMV sanctions arefraught with pitfalls. It is imperative that you understandyour client’s lifetime driving record and criminal history.Hopefully, this case study will help you better understand theintricacies involved and assist you in your own practice. [B]

continued from page 18


Pursuant to an administrative order of the ChiefAdministrative Judge of the Courts, (AO/194/15), the fol-lowing case types are subject to mandatory e-filing inNiagara County Supreme Court for cases commenced on orafter December 15, 2015:

Mandatory for all actions except:

• CPLR Art. 70 proceedings


• Election Law proceedings

• Matrimonial matters

• Mental Hygiene Law matters

• In rem tax foreclosures

• RPTL § 730 proceedings

• Consumer credit transactions as defined in CPLR 105(f)

• Residential foreclosures as defined in RPAPL § 1304

The following case types are subject to consensual e-filingin Niagara County Supreme Court for cases commenced onor after December 15, 2015:

Consensual for the following actions:



• In rem tax foreclosures

• RPTL §730 proceedings

• Consumer credit transactions as defined in CPLR 105(f)

• Residential foreclosures as defined in RPAPL § 1304

Pursuant to the same Administrative Order of the ChiefAdministrative Judge of the Courts, (AO/194/15), probateand administration proceedings are subject to consensual e-filing in Orleans County Surrogate’s Court for cases com-menced on or after December 15, 2015.

New local protocols on procedures for electronically filedcases in Niagara County Supreme Court are available atwww.nycourts.gov/courts/8jd/Niagara/index.shtml. [B]


Mandatory E-Filing in Niagara County SupremeCourt; Consensual E-Filing in Orleans CountySurrogate’s Court

In an effort to ensure that prospective attorneys possess therequisite skills and professional values for effective, ethicaland responsible practice, Chief Judge Jonathan Lippmanrecently announced changes to New York’s admission rulesthat will require bar applicants to complete a skills compe-tency component.

The new measures, which have been designed to accom-modate New York’s diverse bar applicant pool, are outlinedin a report to Judge Lippman and the Court of Appealsissued by the Task Force on Experiential Learning andAdmission to the Bar. Led by Court of Appeals AssociateJudge Jenny Rivera and made up of an accomplished group oflegal educators and practitioners, the task force was formedin June 2015 at the suggestion of the Advisory Committee onthe Uniform Bar Examination (UBE). Along with its rec-ommendation that New York adopt the UBE, the advisorycommittee proposed exploring whether New York’s admis-sion requirements should be amended to include, amongother things, an experiential learning component.

Under the new rules, applicants for admission in NewYork State must complete a skills competency component,choosing one of the following five pathways to meet this newrequirement:

• Pathway 1 allows an applicant to satisfy the requirementby submitting a certification from the applicant’s lawschool confirming that the school’s curriculum incorpo-rates the teaching of skills and professional valuesrequired for participation in the legal profession, andthat the applicant has acquired sufficient competency inthose skills and sufficient familiarity with those values.This pathway recognizes that law schools should bepermitted the freedom to identify and articulate thenecessary skills and professional values, as well as theways in which the schools will measure their students’attainment of these skills and understanding of thesevalues.

• Pathway 2 permits an applicant to meet the requirementby submitting proof from the law school that the stu-dent completed 15 credits of practice-based experientialcoursework designed to foster professional competencytraining. Students may earn as many as six of the 15credits for law school certified non-credit bearing sum-mer employment programs, provided those programsmeet certain criteria. At least 50 hours of full-timeemployment is required for each substituted credit.

• Pathway 3 provides that any applicant who has success-fully completed the Pro Bono Scholars program will be

Rules for NY Bar Admission Now IncludeExperiential Training Component

deemed to have satisfied the skills competency require-ment. The Pro Bono Scholars Program, implemented inNew York in 2014, gives law students the option to takethe bar exam early and spend their final semester ofstudy performing pro bono work.

• Pathway 4 allows applicants to complete a post-gradua-tion six-month apprenticeship in the United States, orin a commonwealth, territory or country outside theUnited States, under the supervision of an attorneyauthorized to practice and in good standing in the juris-diction where the work is performed. The apprentice-ship can be paid or unpaid.

• Pathway 5 allows an applicant who has been authorizedto practice law in another state, or in a commonwealth,territory or country outside the United States, to meetthe skills competency requirement by establishing thatthe applicant has been in good standing and practicedlaw full-time for one year or part-time for two years.

The skills competency requirement will apply to all newapplicants for admission, whether educated in the United

States or abroad. To give applicants and law schools enoughtime to adapt to the new requirement, it will first apply todomestically trained J.D. students who begin their programof study after August 1, 2016. This same implementationdate applies to foreign applicants who qualify for the barexam based solely on their foreign legal education. For for-eign-educated applicants who qualify for the bar examinationafter the completion of a qualifying LL.M. program, theskills competency requirement will first apply to those com-mencing their program after August 1, 2018. The require-ment will not apply to applicants for admission on motion(22 NYCRR 520.10), those who qualify for the bar examunder the law office study program (22 NYCRR 520.4), orindividuals who sit for the bar exam based on graduationfrom an unapproved law school and five years of practice (22NYCRR 520.5).

“The new skills competency requirement for bar admissionin New York will go a long way toward ensuring that newlyminted attorneys are practice-ready and prepared to meet themyriad and emerging demands of the legal profession in the21st century,” Judge Lippman said.

The amended rules are available at www.nycourts.gov/rules/Part520-Rule-Change-Final-121015.pdf. [B]


Lippes Mathias Wexler Friedman LLP has named newleaders of its litigation, corporate and labor practice groups.

Amy Habib Rittling will co-lead the firm’s litigation prac-tice group, which includes commercial, employment, govern-ment investigations, environmental, medical malpractice andconsumer financial services litigation. Rittling concentratesher practice on labor and general business law and litigation,counseling and advising employers on all aspects of employ-ment relationships and employment practices and policies.

Paul A. Mitchell and Brendan J. Rich will lead the firm’scorporate practice group, which includes corporate, health-care, family business, immigration, intellectual property,securities and technologies law. Mitchell concentrates hispractice on corporate and securities, venture capital and pri-vate equity, handling mergers and acquisitions, private equi-ty and venture capital investments, fund formations, complexcorporate transactions and technology licensing.

Rich concentrates his practice on business and financialtransactions, with a focus on mergers and acquisitions, pri-vate equity and venture capital, entity selection and forma-tion and succession planning and drafting business relation-ship documents.

James Nash, a partner in Cohen &Lombardo, P.C., and his wife Laurenrecently chaired the annual fundraisingluncheon for the BISON Children’sScholarship Fund. With more than 900attendees, the event raised a record$300,000 – enough to provide 250 schol-arships to underprivileged children. Aprivately-funded tuition assistance pro-gram for low-income children in WNY,

the BISON Fund provides more than 1,800 scholarships tostudents in kindergarten through eighth grade. Practicing incivil litigation, insurance, arbitration and personal injury law,Nash is a graduate of Northeastern University and theSuffolk University Law School. He serves on the BAEC’sboard of directors.

Michael Menard has relocated hismediation, arbitration and law practice todowntown Buffalo after practicing inHamburg for 15 years. The new office islocated at 69 Delaware Avenue, Suite705, Buffalo NY 14202, 842-6700.

Bond, Schoeneck & King PLLC hascombined with Jaeckle Fleischmann &Mugel, LLP, to create a 52-lawyer officein Buffalo, making it one of the largestlaw firms in the region. Daniel Forsythis co-managing the now full-serviceBond office, which will operate fromJaeckle’s former offices in the AvantBuilding at 200 Delaware Avenue indowntown Buffalo. Bond’s nearly 20-


Bench & Bar continued from page 3

Rittling Mitchell Rich

Nash

MenardForsyth

Friday, February 19, 20166921 Route 242 • Ellicottville, New York

$65 per person includes Lift Ticket and Après Ski Party

Slopes open at 9:30 a.m. • Après Ski Party from 4 – 6 p.m.

Après Ski Party includes beer, wine and hors d'oeuvres

Reservation Form

Bar Association of Erie County’s Ski Day | Friday, February 19, 2016 | $65

Name: ______________________________________________________________________________

Please list additional skiers’ names on separate sheet of paper.

Address: ____________________________________________________________________________

City/State/Zip: ________________________________________________________________________

Phone:_________________________________Email: ________________________________________

Number of skiers ______ @ $65 per person Total enclosed: $ ______________________________

❏ Check enclosed Charge my reservation to: ❏ Visa ❏ MasterCard

Card Number___________________________________________________Exp. Date ____________

Billing Address________________________________________________________________________

Name (as it appears on card) __________________________________________________________

Signature ____________________________________________________________________________

Please mail with payment by Friday, February 12, 2016 to:

Bar Association of Erie County | 438 Main Street | Sixth Floor | Buffalo, New York 14202

Attn: Susan L. Kohlbacher

SHOWING SUPPORT -BAEC President Kevin W.Spitler and Hon. Sheila A.DiTullio, at right, wereamong those who attend-ed a recent gatheringorganized by Hon.Thomas P. Franczyk fortwo local lawyers whorecently retired, JulianJohnson and JerryMcGrier. Johnson is pic-tured above in the backrow, third from right.McGrier was unable toattend due to illness.Photos by Glenn Edward

Murray

year-old Buffalo office now includes the following practiceareas: labor and employment, litigation, employee benefits,intellectual property, public finance, corporate restructuringand creditors’ rights, business and transactions, tax law, trustand estates, and environmental and energy. Among theindustries served are healthcare, higher education, advancedmanufacturing, municipalities, hospitality and tourism, andreal estate. [B]


2016 BAEC “Have A Heart” Food Drive

Firm Name ______________________________________________________________

Contact Person __________________________________________________________

Address ________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Phone Number __________________________________________________________

Fax Number______________________________________________________________

E-mail Address____________________________________________________________

Kindly complete and return this form to:Michael Billoni, Food Bank of Western New York91 Holt Street • Buffalo, New York 14206 • Telephone No. 852-1305

Did you know that a donation of just $15 can feed a fam-ily of four for a week? Or that – contrary to popular belief –the hungry people in our community and across the nationare not just the homeless? They are often employed, or livein a household with someone who is. They are the workingpoor who struggle to provide the daily necessities that somany of us take for granted. For the past 26 years, the BarAssociation of Erie County has expressed its commitment tohelping the hungry in our community through its Have-A-Heart food drive. Over thehistory of the drive, severaltons of food and substantialfinancial support have beenprovided to the Food Bank ofWestern New York.

This year’s drive has onceagain focused primarily onmonetary contributions. Lawfirms that wish to collect non-perishable food items may alsocontinue to do so and the FoodBank of Western New Yorkwill arrange to pick up the donated items. Please help thehungry in our community by sending in your donation today.

Checks should be made payable to the Food Bank ofWestern New York and returned with the form at right byValentine’s Day, February 14th. All donors will receivewritten confirmation of their contribution directly from theFood Bank.

Annual Food Drive Effort to Focus on Monetary Donations


Domestic abuse doesn’t discriminate. Ithappens within all age ranges, ethnicbackgrounds, and financial levels. If it hap-pens once, it will happen again. The abusemay occur during a relationship, while acouple is breaking up, or after a relation-ship has ended.

Despite what many people believe,domestic violence is not due to anabuser’s temporary loss of control over hisor her behavior. In fact, violence is a delib-erate choice made by the abuser in orderto take control of a spouse or partner.

Look What You Made Me Do! In spiteof the abuser’s efforts to “blame the vic-tim,” domestic violence is NEVER yourfault. If you or a loved one are suffering,help is just a phone call away. Don’t wait.Please call the 24-hour domestic violencehotline at 884–6002.

Don’t Suffer in Silence.Let Us Help You Find Your Voice.

Domestic Violence is NEVER Okay.



ERIE INSTITUTE OF LAW

PLEASE NOTE: The Erie Institute of Law is unable to issue partial credit forseminars, except for multiple session programs such as the Tax and LeadershipInstitutes. If you have questions about whether a program qualifies for partialcredit, please call Mary Kohlbacher at 852-8687.

Date/Time/Location Topic CLE Credits Price

Thursday, February 4, 2016 Case Law Update from Erie County Surrogate’s Court 1.0 credit Registration:

1:00 p.m. – 2:00 p.m. (Midday Learning Lecture presented by the P&P $20 members

Adelbert Moot CLE Center in Surrogate’s Court Committee) $25 non-members

438 Main Street

Buffalo, NY

Tuesday, February 9, 2016 Media Relations for Attorneys: Going Beyond 2.0 credits Registration:

4:00 p.m. – 6:00 p.m. “No Comment” $50 members

Flying Bison Brewery (Live Seminar) $75 non-members

840 Seneca Street Thanks to our sponsors Counsel Press and Flying Bison Brewery

Buffalo, NY

Thursday, February 11, 2016 Reputation and Crisis Management 1.0 credit Registration:

1:00 p.m. – 2:00 p.m. (Midday Learning Lecture) $20 members

Adelbert Moot CLE Center Thanks to our sponsor Ignition Consulting, $25 non-members

438 Main Street for providing a snack to attendees

Buffalo, NY

Tuesday, February 23, 2016 An Overview of Border Immigration 1.0 credit Registration:

1:00 p.m. – 2:00 p.m. (Midday Learning Lecture) $20 members

Adelbert Moot CLE Center $25 non-members

438 Main Street

Buffalo, NY

Friday, February 26, 2016 Federal Criminal CLE 3.0 credits Registration:

9:00 a.m. – 12:00 p.m. (Live Seminar presented by the Criminal $60 members

Sun Room Auditorium Law and Federal Practice Committees) $95 non-members

438 Main Street Co-sponsored by WBASNY

Buffalo, NY

PROVIDING CONTINUING LEGAL EDUCATION FOR YOUR PROFESSIONAL ADVANTAGE

✃Check our calendar for updates and added programming at www.eriebar.org

Erie Institute of Law Registration FormPlease register me for the following Erie Institute of Law sponsored events:

1. ___________________________________________________ 2. _________________________________________________ 3. _____________________________________________

Name:____________________________________________________________________________________________

Firm:_____________________________________________________________________________________________

Street Address:__________________________________________________________________________________

City: _______________________________________________State: ______________________Zip:_____________

Phone: _____________________________________________Email:______________________________________

Enclosed is my check in the amount $_______________ [ ] Check enclosed Charge my: [ ] Visa [ ] MasterCard

Card Number:__________________________________________ Exp. Date:______________________ Cardholder Signature:___________________________________________

Cancellation Policy: If you are unable to attend a seminar for which you have already registered, The CLE department at 852-8687. For a full refund, notice of your cancellation must be received before the date of the program. Registrants who are pre-registered and fail to attend will receive course materials in lieu of a refund.Mail or Fax to: Erie Institute of Law, 438 Main Street, Sixth Floor, Buffalo, New York 14202, (716) 852-8687, Fax (716) 852-7641.

GOINGGREEN

The Erie Institute of Law will move to electronic delivery of CLE course materials by March 1.Handout materials will now be sent to registrants via email. Hard copies may still be requested,at an additional cost of $20 for a seminar and $5 for a midday learning lecture.

Thank you for helping us to conserve resources, keep costs down and be more respectful of Mother Earth!


Contact Celeste Walsh 852-8687 ext. 118 or [email protected]


In today’s competitive, fast-paced legalenvironment, effective time management is essential. Take advantage of the Erie Institute of Law tape library and start earning your CLEcredits when the time is convenient for you.

The Erie Institute of Law is now offering our mostrecent CLE seminars on CD and DVD. All of ourseminars are professionally edited and are accompanied by a full set of written coursematerials.

LISTEN, LEARN& EARN!

Admissibility of Medical Records at Trial: The FundamentalsProduct Code 2248

1.0 CLE credit: SkillsPresented on October 28, 2015Available on CD or ON DEMAND at www.eriebar.orgCD: $25 BAEC Members, $35 Non-Members

ON DEMAND: $35 Member (Use PROMO CODE: mem-ber), $45 Non-member

Program presented by Hon. John M. Curran and the

Negligence Committee of the Bar Association of Erie County.

_____________________________________

New Maintenance GuidelinesProduct Code 2250

2.0 CLE credits: Areas of Professional PracticePresented on November 19, 2015Available on CD or ON DEMAND at www.eriebar.orgCD: $50 BAEC Members, $100 Non-Members

ON DEMAND: $60 Member (Use PROMO CODE: mem-ber), $110 Non-member

On September 25, 2015, Governor Cuomo signed Maintenance

Guidelines legislation, which makes major amendments to

New York’s Domestic Relations Law and the Family Court Act

in enacting new guidelines for both temporary and post-

divorce maintenance and spousal support.

The Matrimonial and Family Law Committee of the BAEC

organized this two-hour presentation to provide you with a

timely review of the legislation’s features so you are prepared

to deal with the provisions of this legislation in your matrimo-

nial cases.

_____________________________________

Bates v. Arizona, 433 U.S. 350(1977) –The History & Present of Attorney Advertising

Product Code 2251

2.0 CLE credits: 1.0 Ethics, 1.0 Areas of ProfessionalPracticePresented on December 4, 2015Available on CD or ON DEMAND at www.eriebar.orgCD: $50 BAEC Members, $100 Non-MembersON DEMAND: $60 Member (Use PROMO CODE:

member), $110 Non-member

Difficult to believe, but lawyer advertising was prohibited until1977, when two upstart young attorneys successfullychallenged the status quo in Bates v. State Bar of Arizona, 433U.S. 350 (1977). Everything quickly changed. Lawyers andfirms with the largest budgets and willingness to shout theloudest began reaping huge benefits by bombardingbillboards, TV and radio with ads shouting as loudly as theycan that they’re the toughest, the least expensive, or the mostsuccessful attorneys.

But things are (thankfully) changing once again, as intelligentattorney marketing is neutralizing the advantages of the betterfunded and louder-shouting firms. Technology in its manyforms now gives lawyers an opportunity to differentiatethemselves and present their expertise in exciting new ways.

Planning Ahead: Key Issuesfor Lawyers ApproachingRetirement

Product Code 2246

4.0 CLE credits: 1.5 Ethics, 2.5 Law PracticeManagementPresented on October 17, 2015Available on CD, DVD or ON DEMAND atwww.eriebar.orgCD or DVD: $90 BAEC Members, $150 Non-Members

ON DEMAND: $100 Member (Use PROMO CODE:member), $160 Non-member

It’s never too early to plan for retirement. This program

covers the Sale of a Law Practice, Health Care Aspects of

Retirement Planning, Long Term Care Insurance, Business

Succession Issues, Financial Aspects of Retirement

Planning, and a Checklist for Closing or Purchasing a Law

Practice.

_____________________________________

Lawyers, Cloud & MobileComputing adn EthicsProduct Code 2247

1.0 CLE credit: 0.5 Ethics, 0.5 Law Practice ManagementPresented on October 20, 2015Available on CD, DVD or ON DEMAND atwww.eriebar.orgCD: $25 BAEC Members, $35 Non-Members

ON DEMAND: $35 Member (Use PROMO CODE:member), $45 Non-member

This seminar addresses the effects and ethical implications

of the use of Internet-based and mobile computing by

attorneys in their law practices. The introduction consists

of a broad overview of the concepts, including mobile

computing, cloud computing and virtual law forms.

Statistics regarding the broad-scale adoption of these tech-

nologies by the public and lawyers is also provided. The

discussion then focuses on the ways that lawyers are

using these technologies and the advantages of doing so.

Ethical implications presented when lawyers use these

tools are analyzed, and recommendations are given regard-

ing best practices.

_____________________________________

To order, please send check payable to:

The Erie Institute of Law438 Main Street, Sixth Floor Buffalo, New York 14202

Be sure to include your name and address for mail-ing purposes; add $5.00 shipping and handling foreach tape purchased. Tapes are mailed via UPS, noP.O. boxes please. To order by phone using yourVisa or MasterCard, please call 852-8687.

For a complete listing of taped CLE programs,visit www.eriebar.org and click on theContinuing Legal Education link or call 852-8687.

25th Annual Real EstateConference$90 BAEC Members, $150 Non-Members

Product Code 2234

Presented on March 21, 2015 • 4.5 CLEcredits: 1.0 Ethics; 3.0 Areas of ProfessionalPractice; 0.5 Skills • CD or DVD

Celebrating the silver anniversary of this highlyregarded program, this annual seminar will pro-vide you with up-to-date practical solutions forcommonly encountered title problems and otherupdates to local practice.

______________________________________

TILA-RESPA IntegratedDisclosure Rule$25 BAEC Members, $35 Non-Members

Product Code 2249

Presented on October 29, 2015 • 1.0 CLEcredit: Areas of Professional Practice • CD

Topics covered include:

● What is the TILA-RESPA Integrated Disclosure Rule?

● Loan estimates

● Closing disclosures

● Mortgage timelines and impacts

● Introducing yourLoanTracker

● What can you do?

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Wills, Trusts and Probate$90 BAEC Members, $150 Non-Members

Product Code 2237

Presented on May 7, 2015 • 4.0 CLE credits:1.0 Ethics; 2.0 Areas of Professional Practice;1.0 Skills • CD

This program addresses estate planning, draft-ing, and will execution considerations to avoidproblems in estate and trust administration, aswell as in the probate process. It includes a dis-cussion of the probate process that addresses thepreparation of probate pleadings, probate con-tests and problems that a practitioner may facein getting a will admitted to probate. The ethicsportion of the program is specific to estate andtrust planning and administration issues, whichare unique. The presenters focus on best prac-tices and practice tips. The program is designedfor experienced trust and estate practitioners, aswell as those with less experience and those whopractice in this area of law on a periodic basis. 3Tape Package - $170 Members,$297.50 Non-Members

15% off if all three seminars are purchased

Deal of the Month

3 Seminar Package$174.25 Members, $284.75 Non-Members



FEBRUARY 2016ALL MEETINGS HELD AT THE BAEC, 438 Main Street,Sixth Floor, unless otherwise noted. The Adelbert MootCLE Center is also located at 438 Main Street, Sixth Floor.

www.eriebar.org

SAVE THE DATE FOR THE PRESIDENT’S BALL!

Saturday, April 16 at the Twentieth Century ClubFurther details to come.

MONDAY 1Professional Ethics Committee12:15 p.m. – Terrence B.

Newcomb, Chair

WEDNESDAY 3Human Rights Committee 12:15 p.m. – Sharon Nosenchuck,

Chair

THURSDAY 4Negligence Committee12:15 p.m. – Adelbert Moot CLE

CenterDennis J. Bischof, Chair

FRIDAY 5Commercial & Bankruptcy Law

Committee12:15 p.m. – James C. Thoman,

Chair

Committee to Assist Lawyers withDepression

12:30 p.m. – Daniel T. Lukasik,Chair

TUESDAY 9Board of Directors8:00 a.m. – Kevin W. Spitler,

President

Matrimonial & Family LawCommittee

12:15 p.m. – 25 Delaware Ave., 5thFloor

Michelle Schwach Miecznikowski,Co-Chair

Elizabeth DiPirro, Co-Chair

Criminal Law Committee12:15 – Old Surrogate Court

Courtroom1st Floor of 92 Franklin StreetJoseph J. Terranova, Chair

Real Property Law Committee12:15 p.m. – Keri D. Callochia,

Chair

Labor Law Committee12:15 p.m. – Josephine A. Greco,

Chair

WEDNESDAY 10Intellectual Property, Computer &

Entertainment Law Committee12:15 p.m. – Jordan L. Walbesser,

Chair

Health Care Law Committee12:15 p.m. – William Patrick

Keefer, Chair

THURSDAY 11Committee on Eminent Domain &

Tax Certiorari12:15 p.m. - Mark R. McNamara,

Chair

FRIDAY 12Committee for the Disabled12:15 p.m. – Jeffrey Marion, Chair



MONDAY 15PRESIDENT’S DAYOFFICE CLOSED

TUESDAY 16Federal Practice Committee12:15 p.m. – Adelbert Moot CLE

CenterTimothy J. Graber, Chair

WEDNESDAY 17Erie County Bar Foundation8:00 a.m. – Garry M. Graber,

President

Environmental Law Committee12:15 p.m. – Jeffrey C. Stravino,

Chair

Appellate Practice Committee12:15 p.m. – Timothy P. Murphy,

Chair

THURSDAY 18Committee on Veterans’ & Service-

Members’ Legal Issues12:15 – David J. State & Jeffrey

Marion, Co-Chairs

FRIDAY 19Young Lawyers Committee12:15 p.m. – Katie M. Ireland &

Laura B. Berloth, Co-Chairs



MONDAY 22Alternative Dispute Resolution

Committee12:15 p.m. – Bridget M.

O’Connell, Chair

TUESDAY 23Board of Directors8:00 a.m. – Kevin W. Spitler,

President

Elder Law Committee12:15 p.m. – Edward C. Robinson,

Chair

WEDNESDAY 24Regulatory Compliance Committee12:15 p.m. – SUNY Buffalo

Law SchoolBrad J. Davidzik, Chair

THURSDAY 25P&P in Surrogate’s Court

Committee12:15 p.m. – Adelbert Moot CLE

CenterSharon L. Wick, Chair

P&P in Family Court Committee 12:15 p.m. – Family Court

BuildingTina M. Hawthorne & Bernadette

Hoppe, Co-Chairs

Solo & Small Firm PracticeCommittee

12:30 p.m. – Lana V. Tupchik,Chair

FRIDAY 26Committee to Assist Lawyers with

Depression12:30 p.m. – Daniel T. Lukasik,

Chair

Photo by Glenn Edward Murray


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