1 O n o n d a g a C o u n t y B a r A s s oc i a t i o n VOLUME 60 NUMBER 2 FEBRUARY 2015 CNY Philanthropy Center 431 East Fayette St. Syracuse, NY Phone: O C B A Co n g r at u l at e s N e w ly A d m i t t e d At to r n e ys i n t h e 5 t h J u d i c i a l D i s t r i c t The New York State Appellate Division, Fourth Department held its Admission Ceremony at Rochester s Eastman Theatre on January 14th. The list of names below represent those newly admitted attorneys in the 5th Judicial District who were among the 255 sworn in that day. The Hon. Henry J. Scudder, presiding justice of the Appellate Division, Fourth Department; Tiffany H. Lee, president of GRAWA; and Hon. Craig J. Doran, Administrative Judge of the Seventh Judicial District, spoke at the ceremony. Nelson K. Bauersfeld Joshua M. Beardall Justin F. Burgess Daniel H. Butler Alyssa N. Campbell David L. Chaplin John P. Coghlan Andrew R. Eastham Katherine B. Felice The OCBA Young OCBA is planning a reception for these newly admitted attorneys in June, which is a great opportunity to meet with the local judiciary, to be held at the ballroom in the CNY Philanthropy Center. We are also offering our annual Bridge the Gap Continuing Legal Education program Wenesday, April 22 to help meet the NYS requirements for new attorneys to earn all credits at LIVE presentations during their first twenty-four months of practice. Congratulations to Zheng Chao Gou Jonathan L. Gray Ross M. Greenky Nicholas P. Jacobson David J. Kailer Anne L. LaBarbera Riane F. Lafferty Todd M. Long Lawyer s Anthony V. Mangovski Amber L. Marshall Shekeba Morrad Erin L. O Connor Olga F. Peshko Ryan P. Pezzulo Michael D. Quill, Jr. Scott F. Regan Michaela A. Sarofeen Nicole Scialabba Hannah H. Stewart Madeeha Sajjad Syed Edward J. Thater Cory J. Vincent James R. Voyles Erin M. Welch Lana A. Yaghi James E. Zino Section congratulates this year s newly-admitted attorneys and invites them to join our ranks. The YLS offers the opportunity to connect with the local bar through social events, CLEs, and service to the community. Last year, the YLS sponsored activities such as a trip to a Chief s game, SU Tailgate Party and several happy hours in Armory Square. Anyone interested, please Peggy Walker at and consider attending our next monthly meeting at Noon on Friday, March 20 in the OCBA Druce Conference Room. For further information about the YLS, contact co-chairs Michelle Billington or Eamon Kelleher assembly.state.ny.us. U P C O M ING E V E NTS : Annual Bridge the Gap CLE Wednesday April 22 Annual Law Day Luncheon Friday May 1 CPLR Update 2014 Friday June 5 MISSION : To maintain the honor and dignity of the profession of law, to cultivate social discourse among its members, and to increase its significance in promoting the due administration of Justice.
2 Greetings, I think you will all agree we have certainly seen our fair share of winter this month! Between massive snowfalls and frigid temperatures, we have experienced closings, delays and difficult travel. Another consequence of harsh winter weather is the effect it has on planning events. Such was the case for our Open House held on February 12, Despite the troubled forecast that evening, we had a great turnout and we want to thank those that were willing to brave the cold. Guests were treated to a tour of the new facility, a reminder of times gone by through a display of old photographs and lively conversation with colleagues, both old and new. The following week, at our annual Memorial Observance Ceremony, we celebrated the lives of seventeen colleagues who are no longer with us. For the first time, the ceremony was held in the Onondaga County Legislative Chambers at the Courthouse, so that the large turnout that was expected could be accommodated. It was wonderful to hear each of the honoree s stories, as told by Co-Chairs Frances Ciardullo, Esq. and Mark Ventrone, Esq., and to celebrate their lives and their tremendous accomplishments throughout their careers. Presently, we are hosting the NYSBA Onondaga County Mock Trial Competition for high school students. The event, chaired by Brandon King. Esq., would not happen without the many volunteers we have each year. Those that have already had the pleasure of judging a round all say the same thing - that it is a rewarding and enjoyable experience. We have many more rounds to go and encourage you to volunteer today. If interested, please contact Jeff Unaitis at (315) Looking forward, we are preparing for Law Day, which will be held on Friday, May 1, This year the committee is Co-Chaired by Joseph Bufano, Esq. and Donald Budmen, Esq. These enthusiastic new co-chairs, together with their committee members, have a lot of exciting events planned for the day. Please be sure to mark your calendars and join us for this wonderful celebration. Until Spring decides to make an appearance in Central New York, be safe and stay warm. Regards, Jean Marie From the President: Jean Marie Westlake OCBA President Telephone: (315) OCBA BOARD OF DIRECTORS President Jean Marie Westlake President-Elect Anne Burak Dotzler Vice President James M. Williams Treasurer John T. McCann Secretary Mark W. Wasmund Immediate Past President Nicholas J. DeMartino Executive Director Jeffrey A. Unaitis Directors Blaine T. Bettinger Bruce R. Bryan Joseph J. Bufano Gordon J. Cuffy Sam Elbadawi Paula Mallory Engel Danielle M. Fogel Romana A. Lavalas Scott A. Lickstein Hon. James P. Murphy Frank B. Pelosi Wendy S. Reese Aaron J. Ryder David M. Snyder Kimberly M. Zimmer Ex Officio Dean Hannah R. Arterian Deborah O Malley Sullivan Stuart J. LaRose 2
3 17 Remembered At Annual Memorial Observance During the Onondaga County Bar Association s Annual Memorial Observance held Thursday, February 19th in the Legislative Chambers of the Onondaga County Courthouse, 17 members of the legal community who died in 2014 were remembered and their life stories shared with family members, friends and colleagues. We were honored to be joined by many members of our distinguished local judiciary, and 4 former judges were among those who were honored. Supreme Court Justice Edward Carni presided over the ceremony, which was once again co-chaired by attorneys Mark Ventrone and Fran Ciardullo. Mark and Fran spend much time researching the biographies of those we honor, contacting family and former colleagues, and adding their own personal touches to each tribute. OCBA President Jean Marie Westlake offered opening comments and introduced Reverend Fred Mannara, Most Holy Rosary Church, who delivered the opening prayer. A trumpet performance of Taps by the Hon. David E. Peebles, United States Magistrate Judge, was followed by the closing prayer by Rabbi Andrew Pepperstone of Congregation Beth Sholom Chevra Shas. Those who were remembered in photos and biographies were: Irwin Birnbaum, Professor Jeremy A. Blumenthal, Edward D. Brown, Jr., John J. Caswell, Karen DeCrow, Hon. Carl F. Dengel Sr., Jean V. Erickson, Richard E. Gordon, Hon. Stewart F. Hancock Jr., Christopher P. Kissel, Hon. John F. Lawton, Hon. Neal P. McCurn, James R. McGraw, Ferdinand L. Picardi, Kevin M. Reilly, Dale L. Van Epps & James E. Wilber. A special thanks to Onondaga County Legislature Clerk Deborah L. Maturo, for opening up the chambers and for the continued hospitality of her staff and colleagues at the Courthouse. 3
4 Mary Lou Crowley One courthouse after another By Mark O Brien This photo was taken April 7, 1989 at a reunion at the Harvard Club in New York City, of Judge Jones former clerks in honor of his 75th birthday.from left to right: Thomas D. Thacher; Stephen P. Younger; Steven Linett; Mary Lou Crowley; Judge Hugh R. Jones; Leonard W. Krouner; Jonathan W. Miller; William Comiskey & Douglas Abrams. When asked for a summary of her professional life Mary Lou Crowley would say: It s been one court house after another. Before becoming a lawyer, this Syracuse native and graduate of Syracuse University s College of Liberal Arts spent three years as a student of Syracuse University s College of Law, then located in a 3-story apartment building on Columbus Circle across Montgomery Street from the Onondaga County Court House. Like other law students, she frequently went across the street to the Court House to observe the performances of local well-known lawyers like criminal defense attorney Paul Shanahan or active matrimonial lawyer Helen McCarthy Rivette. A highlight of her student life was the successful argument of a moot court case before visiting New York Court of Appeals Chief Judge Stanley H. Fuld in one of the ornate courtrooms. Mary Lou Kiefer grew up on South Salina Street and attended Central Technical High School. Her mother was a secretary at Crouse Hinds and her father was an electrical engineer there. Mrs. Kiefer did not believe that women should go to college, but Mr. Kiefer, a graduate of Penn State was thrilled when his daughter received full scholarships to the Liberal Arts College as well as the Law School. Mary Lou met Ronald Crowley in law school. The day after graduation in 1951 they both took a plane to New York where they spent 2 weeks studying for the Bar Exam. Upon her return, she was selected as confidential law clerk by Chief Judge Edmund H. Lewis of the New York Court of Appeals, who resided in Skaneateles but had his home chambers in Onondaga County and regularly took the top student from Syracuse Law College. In September of that year, she took one week off to get married to Ron. While on their honeymoon in Virginia, they received a telephone call informing them that they had both passed the Bar Exam. On the Chief Judge s retirement at the close of 1954, Mrs. Crowley became law clerk for Supreme Court Justice Frank DelVecchio with whom she served during his twenty years on the bench, both in the Fifth District with its five court houses and in the Appellate Division, Fourth Department with its court house in Rochester as well. 4 At Judge DelVecchio s retirement she expanded her court house travels when in 1976 she returned to Court of Appeals Hall in Albany as law clerk to Associate Judge Hugh R. Jones of Utica, who had chambers both in Albany and in the court house in Utica as well as office space in the court house in Syracuse. The work at the Court of Appeals had changed significantly by this time: the Court had become a hot court, which meant that now the records and briefs had been delivered to the judges home chambers at least two weeks before oral argument was to be heard, rather than at the moment before oral argument began, as had previously been so. Consequently, the judges were fully familiar with the cases and the parties arguments, and able (and eager) to engage them in discussion from the bench after extensive preparation by the judges with their clerks. In January 1985, after Judge Jones retirement, Mrs. Crowley returned to the court house in Syracuse where she served as clerk to Supreme Court Justices Thomas Aloi and William R. Roy until her retirment concurrently with Justice Roy s in Each time one of the judges for whom she clerked retired, Mary Lou would say I ll never have a judge as good as him to work for again, but each time she was happy to discover that she was wrong. Years of traveling from court house to court house have created a few suggestions for lawyers: Remember that the law is a serving profession which provides happiness to the practitioner proportionate to the amount of service provided. If the opportunity presents itself give serious consideration to pursuing a career on the staff of a member of the judiciary. Finally, a truth in a story told to the entering class of students at Syracuse College of Law in September 1948 by then Dean Paul Shipman Andrews: When he himself had been a student at the College of Law his father, though very well to do, had required him to work every summer in the fields at an onion farm. When the Dean had graduated and set out to work as a lawyer at a very limited income, his first benefit was an appointment as the receiver of an onion farm! From that experience Dean Andrews first instruction to us was: Remember that there is nothing you can learn that may not someday be of use to you!
5 OCBA Opens New Doors for Member Reception The Onondaga County Bar Association held its first open house at its new home in the CNY Philanthropy Center on Thursday, February 12. That evening, former OCBA Executive Director Helen Druce was surprised with the unveiling of the new Helen B. Druce Foundation Room, a conference room within OCBA s suite available for use by members needing a location for a closing, Anne Dotzler, Vice President Jim Williams, Treasurer John McCann, and Board members Scott Lickstein & Aaron Ryder. Foundation President Stuart LaRose was on hand for the unveiling of the Conference Room made possible through a generous grant from the Foundation. Among the items on display at the Open House was this program from the First Annual Banquet of the Onondaga County Bar Association held Tuesday, January 11th, 1876 at the Vanderbilt House (located at the site of Key Bank Building on the SE corner of Washington & Water streets.) This artifact was found preserved in its double-sided glass frame among the papers of Court of Appeals Chief Judge Edmund H. Lewis and given by his widow to Mary Lou Crowley, who had deposition, mediation, etc. Among the distinguished guests were retired Supreme Court Justice Thomas Murphy and his son, current Supreme Court Justice the Hon. James Murphy; Hon. Brian DeJoseph, Hon. Michael Hanuszczak, Hon. Therese Wiley Dancks, and Assemblyman Hon. Albert Stirpe. Former Distinguished Lawyer honorees enjoying the reception included Mary Lou Crowley, Denny Baldwin & John Cirando; and former OCBA presidents in attendance included Howard Woronov, Don Doerr, Marion Hancock Fish & Gioia Gensini. They were welcomed by current officers President Jean Marie Westlake, President-Elect been Judge Lewis law clerk at the time of his retirement. Mrs. Crowley has made a gift of the program to OCBA, which now displays it in the Druce Foundation Room. 5
6 Fourth Department Family Court Case Notes By Linda Gehron Supervising Attorney, Family Court Program, Hiscock Legal Aid Society CHILD CUSTODY Appeal, Effect of Subsequent Order Avdic v Avdic, 2015 NY Slip Op [4th Dept, February 13, 2015] A subsequent order did not render the appeal moot because the rights of the parties and the best interests of the child would be directly affected by the determination of the appeal. Both the first order and the second order interpreting the first were before the court on appeal. Counsel: Saunders Kahler, L.L.P., (James S. Rizzo of counsel), for Father; Peter J. Digiorgio, Jr., for Mother; Susan B. Marris, Esq., Attorney For the Child. Attorney For the Child, Consent of, and Notice of Appeal Forrestel v Forrestel,, 2015 NY Slip Op [4th Dep t, February 6, 2015]The court properly disallowed testimony concerning confidential communications by the child s therapist upon the objection of the Attorney For the Child. Counsel: Leonard G. Tilney, Jr., for Mother; John P. Pieri,, for Father; Kristin L. Arcuri, Attorney For the Child. Attorney For the Child, Consent of, and Notice of Appeal Baxter v Borden, 2014 NY Slip Op [4th Dept, November 21, 2014] A separate Notice of Appeal must be filed by the Attorney For the Child to support appellate review of an issue raised solely on behalf of the child. Counsel: Charles J. Greenberg, for Mother; Paloma A. Capanna, for Father; Scott A. Otis, Attorney For the Child. Parental Alienation Behavior, Probability of Unfitness Avdic v Avdic, 2015 NY Slip Op [4th Dept, February 13, 2015] A change of custody based upon the mother s parental alienation behavior was not justified. While such behavior raises a strong probability of unfitness, explicit findings concerning all of the Eschbach factors is required to support a finding that the child s best interests requires a change of custody. Prerequisites For Custody or Visitation Avdic v Avdic, 2015 NY Slip Op [4th Dept, February 13, 2015] Although a custody order may include a directive to a parent to obtain counseling, the court has no authority to order counseling as a prerequisite to custody or visitation. The failure or refusal to participate in counseling cannot be ordered as a triggering event to determine custody. Presumption That Visitation in Best Interests, Rebuttal Cardwell v Mighells, 2014 NY Slip Op [4th Dept, November 2014] The presumption that visitation with the non-custodial parent is in the child s best interests was rebutted when the level one sex offender father refuse to submit to a sex offender risk assessment. He had been convicted of Rape in the 3rd Degree for having sexual intercourse with the underage mother of the subject child. Furthermore, the Family Court has the authority to order a sex offender to submit to a pretrial evaluation to determine the parent s proclivities toward such activity, where the record establishes a well-reasoned basis for the order. Visitation may be denied to a parent who refuses to submit to such an examination. Counsel: Legal Assistance of Western New York, Inc. (Jessica L. Anderson of counsel), for Father; Mark. S. Williams, Public Defender, Olean (Darryl R. Bloom, of counsel), for Mother; Bridget A. McCue- Marshall, Attorney For the Child. Carroll v Carroll, 2015 NY Slip Op [4th Dept, February 13, 2015] The presumption that visitation with an incarcerated parent is in the child s best interests was rebutted by proof by a preponderance of evidence that it would be harmful. 6 The parties had married while the father was in prison; he was still incarcerated at the time of the child s birth; he did not seek to establish paternity until she was almost five years old; the child had only visited in prison as a newborn; and the father had made few attempts to contact the child Relocation, Unilateral Move and Economic Necessity Baxter v Borden, 2014 NY Slip Op [4th Dept, November 21, 2014] The unilateral removal of children should not be encouraged and is a factor for the court s consideration, but a custody determination must be based upon best interests, and not a desire to punish a recalcitrant parent. Newman v Duffy, 2015 NY Slip Op [4th Dept, February 13, 2015] Economic necessity justified relocation to Massachusetts when the mother s husband was transferred there by the Coast Guard. The move provided the child s family with stability in employment in turbulent economic times as well as health insurance. Although the relocation would affect the frequency of the father s visitation, the mother offered a schedule that would allow extensive contact. Counsel: Keith B. Schulefand,, for the Mother; Jason R. Dipasquale, for the Father; Jessica L. Vesper, Attorney For the Child. Trial Scheduling Orders Mayes v LaPlatney, 2015 NY Slip Op [4th Dept, February 13, 2015] It was an abuse of discretion to disallow a fact witness at trial because the mother failed to include her on the witness list 14 days prior to trial as directed by the Family Court s Scheduling Order. The father was not prejudice by the late notice because he was informed 5 days before trial, and there was no indication that the failure to comply with the order was willful, contumacious or motivated by bad faith. Counsel: Kelly M. Corbett, for the Mother; D.J. and J.A. Cirando, Esqs., (Elizabeth DeV. Moeller of counsel); Lourdes P. Rosario, Attorney For the Child. CHILD PROTECTIVE PROCEEDINGS Abuse and Severe Abuse, Credibility of Witnesses In Re Matter of Zoe I, 2014 Ny Slip Op [4th Dept, November 21, 2015] Findings that the father abused Zoe L. and derivatively abused Makela L,. and that the mother severely abused Zoe L. were against the weight of the evidence, based upon appellate review of the trial court s credibility determinations. Appeal In Re Zoe I., 2014 Ny Slip Op [4th Dept, November 21, 2015] After a fact-finding hearing, the court determined that the mother abused Zoe L. and derivatively abused Makela L. Upon the disposition hearing, the mother agreed to a service plan and waived her right to a dispositional hearing. Her right to appeal the fact-finding survived her stipulation. Counsel: Charles J. Greenberg, for Mother; R. Thomas Burgasser, (R. Thomas Burgasser of counsel), for Father; Joseph T. Jarzembek, for Erie County Department of Social Services; David C. Schopp, Legal Aid Bureau of Buffalo, Inc., (Charles D. Halvorsen of counsel), Attorney For the Child. Foster Care People v. Randy Johnson, 2015 Slip Op [4th Dept, February 6, 2015] Upon a conviction for reckless assault pursuant to Penal Law in connection with a case of shaken baby syndrome, the court was not authorized to make an order of restitution requiring the defendant to pay the cost of foster care for the victim. The Department of Social Services was not the victim s guardian and Continued on page 7
7 Fourth Department Family Court Case Notes therefore not qualified to receive restitution for the cost of providing foster care for the child under Penal Law Furthermore, the Department was fulfilling a statutory duty when it provided foster care, and the legislature did not specifically provide for this agency to receive such payments. Counsel: The Legal Aid Bureau of Buffalo, Inc., (Alan Williams of counsel), for Defendant; Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for the People. CHILD SUPPORT Emanicipation, Burden of Proof Oneida County DSS v Christman, 2015 NY Slip Op [4th Dept, February 6, 2015] The father did not sustain his burden of proof that his child, had become emanicipated. A child of employable age who actively abandons a noncustodial parent by refusing all contact and visitation forfeits any entitlement to support. In this case, however, the father failed to present any evidence that the child had in fact abandoned a relationship with him. Even though the child had moved out of the home and qualified for public assistance, he was given monetary support even after moving out, and was in contact with his father throughout the proceedings. The father was therefore required to reimburse the county for the support of his child. Counsel: Tracy L. Pugliese, for Oneida County Department of Social Services. JUVENILE DELINQUENCY Person in Need of Supervision, Substitution Appropriate In Re Kayla F., 2014, NY Slip Op [4th Dept, November 21, 2014] The court substituted the Respondent s adjudication as a juvenile delinquent for one that she is a person in need of supervision, based upon the finding that she committed an act that, if committed APPEALS Civil, Criminal, Administrative Referrals Welcome (315) John A. CIRANDO Attorney at Law Suite 101 M&T Bank Building 101 South Salina Street Syracuse, New York We APPEAL To You From page 6 y an adult, would constitute the crime of Assault in the 3rd Degree pursuant to Penal Law . It was an abuse of discretion to deny the motion of the Respondent pursuant to Family Court Act (2) requesting a finding that she is a juvenile delinquent, when she demonstrated no danger to the community and the same placement was available under a PINS disposition. Counsel: Merideth H. Smith, County Attorney, (Brett Granville of counsel), for Monroe County; Brian Strait, Attorney for the Child. Sufficiency of the Evidence, Manslaughter 2nd Matter of Ander G. III, 2014, NY Slip Op [4th Dept, November 21, 2014] Evidence was sufficient to support a finding beyond a reasonable doubt that Respondent committed an act, which if committed by an adult, would constitute the crime of manslaughter in the second degree pursuant to Penal Law . The evidence established that the Respondent and his accomplice were participating in a game called knockout. They each struck the victim in the head. The accomplice struck the first blow and the Respondent followed with another. The victim then collapsed immediately. The Medical Examiner testified the postmortem examination showed the victim sustained a tear of the left vertebral artery, the bleeding from which can cause immediate unconsciousness and death. The Medical Examiner s testified to a reasonable degree of medical certainty that the second blow was the cause of death. Counsel: Meggesto, Crossett & Valerino, (James A. Maggesto of counsel) for Respondent; Gordan J. Cuffy, County Attorney, (Joseph M. Militi of counsel), for Onondaga County. TERMINATION OF PARENTAL RIGHTS Appeal, Moot When Child Attains Majority In Re Delia S., 22014, NY Slip Op [4th Dept, November 21, 2014] While affirming the termination of parental rights concerning the younger children, the court dismissed as moot the appeal as to the oldest child, who had attained the age of majority while the appeal was pending. Counsel: Abbatoy Law Firm, (David M. Abbatoy, Jr. of counsel) for Mother; Joseph T. Jarzembek, for Erie County Department of Social Services; David C. Schopp, Legal Aid Bureau of Buffalo, (Charles D. Halvorsen of counsel). Mental Illness and Failure to Plan, Inconsistent Findings In Re Joseph E. K., 2014 NY Slip Op [4th Dept, November 21, 2014] Given the court s finding that the mother was incapable of caring for the child due to mental illness, it was error for the court to also terminate her parental rights on the ground of permanent neglect. The mother could not be found to be mentally ill sufficient to terminate her parental rights and also be found capable of planning for the child s future. Counsel: David J. Farrugia, Public Defender, (Mary-Jean Bowman of counsel) for Mother; Abraham J. Platt, for Niagra County; Mary Anne Connell, Attorney For the Child. Revocation of Suspended Judgment, Best Interests In Re Darlenea T., 2014, NY Slip Op [4th Dept., November 21, 2014] While the evidence supported a finding by the preponderance of the evidence that the mother failed to comply with the terms of the suspended judgment, the termination of parental rights was reversed on the law and remitted to Family Court for a new dispositional hearing. It was not clear whether the termination was in the best interests of the children, based upon new facts and allegations which the court found it could properly consider on appeal. Counsel: Colucci & Gallaher, (Regina A. Delvecchio of counsel), for Mother; Joseph T. Jarzembek, for Erie County Department of Social Services; Sheila Sullivan Dickinson, Attorney For the Child. 7
8 MISSING CLIENTS Anthony J. Gigliotti, Esq. Principal Counsel Fifth Judicial District Attorney Grievance Committee Hypothetical: A client s case is over and a few hundred dollars owing to your client still resides in your attorney trust account. Your secretary reports that when trying to contact the client the envelope was returned, stamped undeliverable, and the client s telephone number has been disconnected. What must you do with the client s money and file? Your first obligation is to make a diligent effort to locate the client. The FBI doesn t look for missing clients. Mr. Keen, Finder of Lost Persons, is just an old radio show character who could not help you, even if he were still alive. However, there are many people-finder websites which will conduct internet people searches for a small fee. If you are an internet geezer, your teenage nephew can help you to access those web search sites. When all reasonable efforts to locate your client are unsuccessful, you then have two options. The easiest option is to do nothing. You may maintain the client s money in you attorney trust account indefinitely, or open a separate, dedicated interest-bearing attorney trust account and let the money grow while it sits. If you choose the do nothing option it would be best to preserve the client s file as long as you retain control of the client s funds. Alternatively, you may secure an Order from a NYS Supreme Court Justice, pursuant to 1.15(f ) of the Rules of Professional litigation paralegal Bousquet Holstein PLLC, a mid-sized law firm located in Syracuse, NY with a variety of local, regional, national, and international clients, is seeking to hire a Litigation Paralegal. The Litigation Paralegal performs a variety of duties to assist attorneys in accordance with the Firm s established policies and procedures. The Litigation Paralegal will assist with any and all aspects of the litigation process from precommencement investigation through the post-trial appeal process. Will work under the direction and supervision of the attorneys as liaison between the litigation attorney and all other parties involved in the case(s) and coordinate research and administrative duties as directed by the assigning attorney. The Litigation Paralegal must be able to exercise discretion and good judgment in the performance of job duties. Maintains positive contact with clients and observes confidentiality of client matters; completely performs litigation and general paralegal duties as discussed below; and keeps accurate time records on a daily basis. The successful applicant will be comfortable working under pressure of deadlines and can effectively communicate with attorneys and other members of the team to allocate human resources to handle the shifting time demands of a litigation practice. Must have a minimum of 3 years commercial litigation experience. Inquiries will be kept confidential and should be submitted via to: or to Bousquet Holstein PLLC Suite 900, 110 West Fayette Street Syracuse, NY Conduct, directing that the client s funds be disbursed to the Lawyers Fund for Client Protection. A Notice of Petition and Verified Petition is filed alleging your due diligence and requesting the relief provided for in the foregoing Rule. It is recommended that the Attorney Grievance Committee office be served as a further element of your due diligence. Our office can provide model papers, including a proposed order. Once deposited with the Lawyers Fund, the client s money will be maintained in perpetuity. The Rules of Professional Conduct require that all attorney trust account records be preserved for at least 7 years. There is no comparable requirement for case files. The Court of Appeals has determined that all materials in the case file, including attorney work product, is the client s property Sage Realty v. Proskauer Rose Goetz, 91 NY2d 30, 666 NYS2d 985 [Ct. App. 1997]. As noted in previous articles, your intentions regarding the duration of post-representation preservation of case files should be addressed in retainer agreements or letters of engagement. How long to preserve case files is also a subject worth an inquiry to your professional liability carrier. The University Building Attorney Office Space Available! The University Building which is located at 120 E. Washington St. currently has office spaces available ranging from 410sq.ft. to 4,000sq.ft. We offer leasing incentives, on-site management, furnished office suites with hardwood floors and historic finishes. Building is conveniently located in the Central Business District.
9 Workers Compensation and Social Security FALLON, FALLON & BIGSBY Attorneys and Counselors at Law Arthur J. Bigsby, Jr. Megan M. Fallon Sheila M. Fallon 501 East Washington Street Syracuse, New York (315)
10 LEGAL BRIEFS BRIEFS BRIEFS LEGAL New Law Firm, Carden Dotzler, PLLC. Clifton C. Carden, III and Matthew D. Dotzler are pleased to announce the formation of their new law firm, Carden Dotzler, PLLC. Mr. Carden and Mr. Dotzler are both former criminal prosecutors at the Onondaga County District Attorney s Office, with a combined 12 years of experience prosecuting DWI offenses, white collar crimes and other criminal offenses. Clifton and Matt focus their practice on general criminal defense, DWI defense and white collar defense, as well as family, matrimonial and business services law. The firm s office is located at: Carden Dotzler, PLLC 100 Madison Street Tower 1, 12th Floor Syracuse, NY Office: (315) Website: Clifton may be contacted directly at: (315) Matt may be contacted directly at: (315) cardendotzler.com. Donald E. Kelly Named Managing Partner for Tully Rinckey Syracuse Office Donald E. Kelly, an attorney whose practice focuses on criminal defense law, has nearly two decades of experience in the legal field. Having run a solo practice before joining Tully Rinckey PLLC in 2012, Mr. Kelly has an in-depth understanding of law practice management. In his new role, Mr. Kelly will be responsible for overseeing the daily operations of the firm s Syracuse legal team while ensuring successful legal results and unparalleled service for clients. Mr. Kelly, a member of the National Trial Lawyers Association, has represented defendants in simple and complex criminal cases in state and federal court. Mr. Kelly adjudicates citizen complaints as senior hearing examiner in the Syracuse Parking Violations Bureau and on fall weekends can be found serving as a referee at scholastic football games in Central New York. Mr. Kelly earned his Bachelor of Arts degree from the State University of New York at Oswego and his juris doctorate from Syracuse University College of Law. He is routinely called upon by the media to share his insights on criminal defense cases and other legal matters. Nationally Recognized Trust and Wealth Transfer Expert to Speak in Syracuse on March 6 The Estate Planning Council of CNY will host Stanley R. Smiley, Esq. Senior Vice President, Advanced Planning Group at Cetera Financial Group at its monthly meeting on Friday March 6. His topic will be Trusts Hidden Gems in Financial Planning and Wealth Transfer. The lunch event will begin at 11:45 am at the Crowne Plaza Conference Center in Syracuse. Advanced reservations are required. There is no cost to attend for current members of the Estate Planning Council. Non-members are welcome at a cost of $30 per person. Utilizing more than 30 years of legal and estate business planning experience, Mr. Smiley and his team provide consultative services for select financial professionals, who are focused on tax planning for highly compensated individuals, and estate planning and wealth preservation strategies for high-net-worth clients and family wealth transfers. He is a member of the Real Property, Probate and Trusts Section and the Taxation Section of the ABA, and serves on its committee of Tax Standards and Exempt Organizations. He is licensed to practice law in New York and California and is admitted to the United States Tax Court. He also maintains memberships in the Los Angeles and San Francisco Bar Associations. Continued on page 11 Mackay, Caswell & Callahan, P. C. Civil & Criminal Tax Referrals Welcome Straight Talk ~ Effective Solutions Since 1961, Mackay, Caswell & Callahan has focused on tax and business law in Central New York. 103 East Water Street Suite 203 Syracuse, NY Phone: 844-MCC-4Tax Attorney Advertising 10
11 LEGAL BRIEFS BRIEFS BRIEFS LEGAL Brian J. LaClair Becomes Partner in Labor and Employee Benefits Law Firm, Blitman & King LLP Brian J. LaClair has become a partner in Blitman & King LLP. At Blitman & King, Mr. LaClair represents unions in both the private and public sectors in a broad variety of labor and employment matters, including collective bargaining, labor arbitrations, National Labor Relations Board proceedings, and litigation. He also represents individual employees in all areas of workplace law, including employment contracts, severance agreements, wage and hour issues, discrimination, retaliation, whistleblowing, and others. Mr. LaClair is a member of the A.F.L.-C.I.O. Lawyer s Coordinating Committee, the Federal Court Bar Association (NDNY), the Onondaga County Bar Association, the New York State Bar Association, and the American Bar Association. He is active in the ABA s Employment Rights and Responsibilities Committee. Mr. LaClair obtained his Bachelor of Arts from the University of Rochester and went on to obtain his J.D., magna cum laude, from the Syracuse University College of Law, where he served on the Law Review. Prior to joining Blitman & King, he was Law Clerk to U.S. District Judge David N. Hurd, and worked at a major law firm in New York City. Tully Rinckey PLLC Is NY s First Law Firm Certified as a Service-Disabled Veteran Owned Business Tully Rinckey PLLC has become the first law firm in New York State to be certified as a Service-Disabled, Veteran-Owned Business (SDVOB) under a state law passed last year. The act aims to increase eligible veteran-owned business involvement in state contracting by establishing a six percent participation goal for such enterprises. Tully Rinckey Founding Partner Greg T. Rinckey, a former active duty captain in the Army Judge Advocate General s Corps. says If you are a state agency or authority or contractor seeking a qualified legal firm, Tully Rinckey PLLC, the first and only SDVOB law firm in New York, wants to do business with you. Mr. Rinckey s fellow founding partner, Mathew B. Tully, is a service-disabled veteran. Last May Mr. Tully was medically retired from the U.S. Army after nearly two decades of military service. His retirement came following a long recovery from injuries he sustained during a suicide bomber attack involving a vehicle-borne improvised explosive device in As a result of his service in Afghanistan, Mr. Tully was awarded the Combat Action Badge, the Purple Heart and the Bronze Star. Mr. Rinckey also sustained service-connected injuries prior to being honorably discharged from the Army in To speak to Greg Rinckey, or for more information, please contact Charles McChesney at (315) or at Ontario County County Attorney Vacancy Ontario County seeks a qualified and experienced attorney to act as the legal advisor to the Board of Supervisors and the County s officers. The County Attorney oversees a multifunctional office which provides counsel for defense of civil actions against the County, juvenile delinquency prosecution, counsel on legal From page 10 matters at Finger Lakes Community College and in the County s Department of Social Services, contract approval, risk management, labor relations and other areas of municipal law. The County Attorney supervises a staff of 15 attorneys, paralegals and support staff. The successful candidate must be admitted to practice law in the State of New York. Experience in municipal law and staff supervision is preferred starting salary is $119,589 and a comprehensive benefit package. Send cover letter and resume to Mary Krause, Director of Human Resources, 3019 County Complex Drive, Canandaigua, NY by March 13, 2015 or find application online at: Will Sought: Frank R. Amalfitano The family of Frank R. Amalfitano (10/24/36-2/17/2015) are seeking his last-completed Will. If you are in possession of this document or otherwise know its whereabouts, please contact son Tony Amalfitano at Neil J. Smith Named Partner at Mackenzie Hughes LLP Since joining Mackenzie Hughes in 2005, Smith has been a member of the business department focusing in bankruptcy law. His practice includes the representation of businesses in bankruptcy proceedings, debt reorganizations and workouts. He also represents defendants in preferential transfer litigation and provides support to the other associates and partners on the regulatory, lending, operational, and governance issues of banks and credit unions. After graduating summa cum laude in 2002 from Syracuse University with a degree in public communications, Smith earned his JD from St. John s University School of Law in Smith is a member of the Onondaga, New York State, and American Bar Associations. He serves as President of the Central New York Bankruptcy Bar Association and is a member of the American Bankruptcy Institute. He also volunteers with the Onondaga County Bar Association Volunteer Lawyers Project. In his spare time, he enjoys playing the banjo, and is the Vice President of the Central New York Bluegrass Association. Marion Hancock Fish named Chair NNYSBA Trusts & Estates Section Marion Hancock Fish, a partner at the Syracuse, NY-based law firm of Hancock Estabrook, LLP, has been named the Chair of the 4,646-member New York State Bar Association Trusts & Estates Section. Ms. Fish focuses her practice on estate planning, transfer-of-wealth tax issues, family business planning and succession, asset preservation, guardianships, notfor-profit matters, and elder law. As Chair of the Section, Ms. Fish will host the Spring Meeting in Kiawah, SC, Fall Meeting at the Turning Stone Resort in Verona, NY, and the January 2016 Annual Meeting, in New York, NY. Under her leadership, the Section will also promote several legislative efforts dealing with an array of issues important to New York State Trusts & Estates practitioners, including estate taxation and powers of attorney issues. Ms. Fish and other leaders of the Section will also work throughout the year to mentor lawyers entering the practice. 11
12 OCBA Continuing Legal Education 431 East Fayette St. Syracuse, NY Phone: Fax: th annual bridge the gap Wednesday, April 22 CNY Philanthropy Center 2nd Floor Ballroom MCLE4.5 Skills Ethics Member $120 Newly Admitted (2014/15) $110 Paralegal $80 Full Day Includes Lunch Non-Member $160 Legal Services Agency, Lifetime, Student $40 Single Session $30 8:00-8:30 Registration & Breakfast 8:30-8:45 Welcome & Introductions 8:45-10:00 Assigned Counsel Program Renee Captor, Esq. 10:00-10:15 Break 10:15-11:30 Probate of Wills and Related Topics Cora Alsante, Esq. 11:30-1:00 Lunch & Introductions Jean Marie Westlake, Esq. OCBA President Keynote Address 1:00-2:15 Recent Changes in Not-for-Profit Law Christopher Wiles, Esq. 2:15-2:30 Break 2:30-3:45 Building Your Career as an Attorney Kim Wolf-Price, Esq. 3:45 - Adjourn Under NYS rules this CLE has been APPROVED for both Newly Admitted and Experienced Attorneys Discounts apply to Full-Day Only CLE Tuition Waiver Policy Available online: $ Attendee(s) Seminar Fee Seminar Fee Address Billing Zip Firm Phone o Check Enclosed o CC Card# Exp. Regular Member $120 Newly Admitted (2014/15) $110 Paralegal $80 Non-Member $160 Legal Services Agency, Lifetime, Student $40 Single Session $30 Onondaga County Bar Association 431 East Fayette St. Syracuse, NY Phone: Fax:
13 Patrick Connors Remembers Professor David D. Siegel In Memoriam Patrick Connors, esq. Saratoga Springs Professor David D. Siegel, the leading commentator on the CPLR since its adoption in 1963, passed away on October 9, 2014, just short of his 83rd birthday. In rare instances, a scholar becomes such a presence in his or her field of discipline that serious consideration of a matter within that realm cannot be undertaken without reference to the author s body of work. Over five decades, Professor Siegel achieved this status in his field of concentration, New York Practice, a subject synonymous with his name. It is virtually impossible to author a meaningful piece on this fascinating subject without reference to Professor Siegel s voluminous scholarship. Thousands of judicial opinions grappling with the broad array of thorny and weighty issues that arise under the umbrella of civil procedure make the point. These decisions, and the briefs that preceded them, cite to and rely heavily upon Professor Siegel s writings. See Patrick M. Connors, The King of New York Practice, 72 Alb. L. Rev. 447 (2009). Many readers had the distinct pleasure of being a student in Professor Siegel s classes and attending his CPLR Update programs, where another set of his talents was on display. His enthusiasm for the subject was contagious and, when accompanied by his unique wit and insight, made for an unforgettable learning experience. If you meet lawyers who do not find the CPLR interesting and fun, you can almost be certain that they never witnessed Professor Siegel at work. Law schools exist today in a period of turmoil in legal education. Sadly, there is a substantial gap between what a student learns in law school, often at great monetary expense, and the essential knowledge required to effectively practice law. If law schools want to seriously address this problem, an examination of the career of Professor Siegel would be a good place to start. Unlike virtually any law professor of his time, Professor Siegel cultivated a broad audience of judges and lawyers who rely constantly on his writing, while also bridging the gap for generations of law students to enter the practice of law. As Professor Siegel frequently observed, New York Practice is a subject that never rests. Although the CPLR has governed civil practice in New York for over five decades, the landscape is constantly changing, as lawyers continue to press for every sort of procedural advantage for their clients. The Legislature and Judiciary add to the mosaic by amending statutes, promulgating court rules, and issuing decisions interpreting the procedural laws of The Empire State. This supplement addresses the important procedural developments up through the summer and early fall of During the last year, the United States Supreme Court handed down two decisions that have a dramatic impact on personal jurisdiction. The standard used for decades to measure whether a corporate defendant is subject to general jurisdiction in New York, the famous doing business test, has been all but declared unconstitutional by the Supreme Court in its 2014 decision in Daimler AG v. Bauman, 134 S. Ct. 746 (2014). Just six weeks after this blockbuster decision, the Court returned to the subject of personal jurisdiction in Walden v. Fiore, 134 S. Ct (2014), a ruling that will almost certainly affect New York actions relying on longarm jurisdiction under CPLR 302(a)(3). These decisions are the subject of several entries in this supplement was also a busy year for procedural change in the legislative realm and several substantial amendments to the CPLR are addressed in this supplement: CPLR 2106 ( 205); CPLR 2214 ( 246); CPLR 3113 ( 356); CPLR 3216 ( 356). Frequent references are made to my McKinney s Practice Commentaries and New York Law Journal columns, which provide more expanded treatments of matters necessarily set forth in a relatively abbreviated form here. These citations also allow for reference to many items that cannot be meaningfully addressed in a one-volume work. We study and practice law in The Information Age. This treatise is designed to provide far more than a recitation of procedural law, although it does a fair bit of that. Very few procedural issues arise in a vacuum, and this book skillfully coordinates the various topics that frequently intersect in the practice of law with cross-references to other relevant portions of the text. Judges, lawyers, and law students frequently benefit from the integration the book offers, which provides context and allows the reader to view the complete dimensions of a procedural problem. This was Professor Siegel s design in authoring the book, and I have done my best to continue to achieve that goal in these supplements. Another critical aspect of writing effectively on civil procedure is access to the front lines, where the rubber meets the road and rules are interpreted and applied to resolve actual controversies. Following in Professor Siegel s footsteps, I have continued to provide continuing legal education programs to lawyers at law firms and bar association functions, and to judges and court attorneys at programs offered by the Office of Court Administration. Recently, I have spoken to groups of lawyers and judges in Albany, Bronx, Broome, New York, Onondaga, Otsego, Rockland, Saratoga, Suffolk and Westchester Counties and in Montreal, Canada for the Federation of Bar Associations of the Fourth Judicial District. The interactions at such programs with judges, lawyers, and those who work in the court system help to provide invaluable ideas and perspective, which are reflected on these pages. For aid in reviewing the manuscript and checking out citations, I am indebted to Danielle Quinn, Sarah Engster and Jamie Dughi Hogenkamp, who are my research assistants at Albany Law School. I have also received numerous valuable suggestions from my first research assistant at Albany Law School, John R. Higgitt (ALS 2001), whose publications are frequently referenced in this supplement. Finally, my publications have always benefitted from the insights of Albany Law School s research librarians, including Bob Emery, who has provided assistance to me in countless ways for fourteen years, and, more recently, Colleen Ostiguy. November 19, 2014 * Reprinted from Siegel, New York Practice, 5th ed., January 2015 Pocket Part with permission of Thomson Reuters. The book and pocket part can be purchased by contacting Thomson Reuters at
14 OCBA Continuing Legal Education 431 East Fayette St. Syracuse, NY Phone: Fax: CPLR Update 2014 Professor Patrick Connors Albany Law School MCLE 2.5 Professional Practice Ethics Friday, June 5 CNY Philanthropy Center 2nd Floor Ballroom 9:00 am Noon Sign-in 8:30 am Member $125 Paralegal $85 Non-Member $160 Legal Services Agency, Lifetime, Student $45 Topics to be included: Amendments concerning certification of business records by nonparties, affirmations by persons outside the United States can a court consider affidavits on a CPLR 3211(a)(7) motion to dismiss for failure to state a cause of action? new rules regarding default judgments in Consumer Credit Transactions new rule on redaction of confidential personal information recent Court of Appeals decision addressing amendment of pleading issues arising with electronic filing and changes in Court Rules Legislature weighs in on whether a lawyer representing a nonparty at a deposition is a potted plant Court of Appeals weighs in again on protections of Grave Injury statute new rules and monetary thresholds in the Commercial Division Second Department clarifies law relating to conformity of out-of-state affidavits as required by CPLR 2309(c) the continuing saga surrounding CPLR 205(a) s six month extension for actions dismissed for neglect to prosecute use of CPLR 3119, Uniform Interstate Depositions and Discovery Act, to obtain disclosure outside the State effect of making extensive changes to deposition transcripts what effect does a client s failure to pursue an appeal in an underlying action have on his or her ability to maintain a legal malpractice lawsuit? Court of Appeals addresses separate entity rule and whether judgment creditor can order New York garnishee bank to restrain a judgment debtor s assets held in foreign branches of the bank issues pertaining to expert disclosure courts continue to set short time frames for making motions for summary judgment in all sorts of places, and the caselaw resulting from it Court of Appeals strikes defendants answers and imposes default judgment on defendants where clear and convincing evidence demonstrates they committed fraud on court and much more. Under NYS rules this CLE has been APPROVED for both Newly Admitted and Experienced Attorneys $ Attendee(s) Phone Seminar Fee Firm Address Billing Zip Attendee(s) Phone Seminar Fee Firm Address Billing Zip o Check Enclosed o CC Card# Exp. 14 Onondaga County Bar Association 431 East Fayette St. Syracuse, NY Phone: Fax:
15 OCBA Paralegals Committee Contributors OCBA Paralegals Executive Committee Our February 12, 2015 luncheon was held at the new OCBA Offices, third floor conference room, 431 East Fayette Street. The lunch menu was catered by Francesca s Cucina. Our guest speaker was Dave Bardoun of Bardoun Land Surveying who presented on his interaction with municipal planning and town/village boards. Many new faces were seen at this luncheon to hear Dave tell us that his main goal in assisting his clients is to provide solutions to zoning and planning issues associated with proposed projects. Every project presents it own challenges with regard to survey preparation. Each municipality has its own regulations making cookie cutter surveys impractical. Often Dave will arrange to meet with the town board first regarding any possible zoning changes that may be required for his clients projects prior to going before the planning board. Thank you, Dave, for your knowledgeable presentation. Many thanks to Jeff Unaitis and the OCBA Staff who made us feel welcome in their new facility and who graciously provided dessert from Nino s Bakery for this program. Next Monthly Meeting March 12 at Spaghetti Warehouse The next monthly luncheon meeting is March 12, 2015 We will be returning to Spaghetti Warehouse at 689 North Clinton Street. Jean Swanger and Karen Hawkins, Paralegals with the firm of Gilberti Stinziano Heintz & Smith, P.C. will present on their paralegal duties in the area of Environmental Law. Please save the following dates for future luncheon programs: April 9 May 14 June 11 Please invite your bosses, legal administrators and co-workers. Even if the luncheon topic doesn t fall in the area of law in which you work, come anyway. You never know what you might learn and how it may affect you! And, you will be supporting the OCBA Paralegals Committee. The cost for lunch is $11 for members and $12 for non-members. Reservation deadline is 4:00 pm the day before the luncheon. Please RSVP Jean Swanger: gilbertilaw.com or s are preferred. Stay tuned for further information regarding upcoming luncheons. If you have suggestions for guest speakers or presentation topics, please do not hesitate to contact any member of the Executive Committee. Kathrine Cook Cynthia Wade Christie Van Duzer Ranette Releford Faye Williams Jean Swanger Karen Hawkins ESAPA News Empire State Alliance of Paralegal Associations spring meeting is set for Saturday, April 25, 2015 in Buffalo at the offices of Phillips Lytle, LLP, 125 Main Street. The meeting begins at 9:00AM. Hotel reservations can be made at the Courtyard by Marriott (for $149). Elections for the positions of Vice President and Secretary of ESAPA are on the agenda. These positions are for two-year terms. You are all welcome to attend and are in fact, encouraged to attend this meeting. To find out more about the, Inc. please check out their website at: Paralegal of the Month Program The Executive Committee would like to institute a Paralegal of the Month program and should be disseminating nomination criteria and procedures to Paralegals Committee Members soon. Looking for Ideas What information would you like to see on the Paralegals Section of the OCBA website? Please Karen Hawkins at gilbertilaw.com with your suggestions. Thanks! The Paralegals Executive Committee Could Use Your Help The next Paralegals Executive Committee meeting is scheduled for March 4, at noon at Gilberti Stinziano Heintz & Smith, P.C., 555 East Genesee Street, (parking is available in front of the building on East Genesee Street, at the rear of the building at 510 East Fayette Street, and the parking lot between the GSHS offices and Hamilton White House). EC Chair Kathrine Cook extends an invitation to paralegals who would like to find out more about serving on the Executive Committee. (We can change the meeting time, if it would work for more volunteers). If you are interested in attending the EC meetings to share your ideas for upcoming programs and ways to better serve the paralegal members, please contact Kathrine Cook at Job Bank Are you an employer with a job that needs to be filled? Our FREE Listserv can help! Just Kathrine Cook with questions or to have your job provided to OCBA Paralegal members via . Contact Peggy Walker at the OCBA, , to join or confirm current membership. Real Estate Counsel Pyramid Management Group, LLC, a privately held developer and manager of retail shopping centers has an immediate opening for an attorney in its Legal Department. This position is based in Syracuse, New York. Responsibilities include: Preparing and negotiating real property documents such as leases, licenses, easements, with local, regional and national tenants; interpreting and providing legal analysis of legal documents, including leases and easements; advising Pyramid s Real Estate Committee on legal issues and complex real property matters; advising asset management staff on landlord/tenant issues; and performing legal research. Qualified candidates must hold a J.D. degree, be admitted to practice law in New York and have one to three years of legal experience. Experience in the area of commercial leasing and real estate law is helpful, but not required. Please forward your resume with salary requirements, in strict confidence, via to: An EOE Employer M/F/V/D 15
16 Bar Boards: Opening for Estate & Trust Attorney at Melvin & Melvin, PLLC Mid-size Syracuse law firm has opening for an attorney in upstate New York with 2-5 years experience in the area of estate and trust practice. Please send response to Corporate/Healthcare Associate Attorney Cohen Compagni Beckman Appler & Knoll, PLLC is seeking a motivated associate with 3-6 years of legal experience to join its nationally recognized healthcare practice headquartered out of its Syracuse office. The candidate should have experience drafting corporate and transactional agreements, as well as negotiating and consummating commercial transactions. Preference will be given to candidates who have experience with ventures in the healthcare field. The candidate will also be expected to perform research and draft client and intraoffice memoranda on healthcare regulatory, reimbursement, licensure and other compliance issues (e.g., False Claims Act, Anti-Kickback Statute, Stark Law, HIPAA). The candidate will have the opportunity to work directly with and provide counsel to the firm s diverse group of clients in the healthcare industry, gaining unique experience in structuring integrated delivery systems, joint ventures, acquisitions, mergers, sales and affiliations among group medical practices, private practice physicians, hospitals, ACOs and other healthcare related businesses. Submit resume to: Office Space Available Liverpool Prime Liverpool law office space available at corner of Vine and 2nd St. (Route 370). Can share conference room and receptionist with three other attorneys. Ideal for attorney practicing in Matrimonial Criminal Workers Comp. Contact Peter at From the Editorial Board To advertise in the Bar Reporter, call the Onondaga County Bar Association at The Editorial Board encourages members to submit articles for publication concerning issues presented in each edition or other issues related to the legal community. Submissions should be sent to OCBA, Attention Bar Reporter or John A. Cirando, Editor Emeritus Editorial Board Members: Hon. John J. Brunetti Clifton C. Carden, III Sally Fisher Curran Nicholas J. DeMartino Anne Burak Dotzler Karen M. Hawkins Joseph E. Lamendola Michael G. Langan James H. Messenger, Jr. Thomas E. Myers Nancy L. Pontius Chele Stirpe Jeffrey A. Unaitis James M. Williams Did you know OCBA receives calls every week from clients who are trying to locate documents or files once held by their attorneys, after that attorney has moved, stopped practicing or passed away. If you know where your files will go after you re gone, Contact Membership Coordinator: Peggy Walker at or 16