westchester county bar association

newsletterApril 2007

President’s Message . . . . . . . . . . . . . . . . . . .5

Practice Management Memo . . . . . . . . . . . .6

WCBF Foundation Fellow Named . . . . . . .7

CLE Calendar & Registration Form . . . 11-12

Introducing Board Member . . . . . . . . . . . 15

Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . 20

CLE Update . . . . . . . . . . . . . . . . . . . . . . . 21

www.wcbany.org

Annual Meeting

—continued on p. 3Photos on p. 23

The WCBA held its annual meeting on March 15, 2007 at the Mamaroneck Beach and Yacht Club in Mama-

roneck, N.Y. More than 140 members gathered to network and socialize during the cocktail hour, and then to conduct the business of the meeting.

WCBA President Hon. Adam Seiden conducted the meeting with expedition and humor. Board Member Carol Van Scoyoc offered the invocation, calling for a moment of silence in honor of recently departed Past President J. Radley Herold. Secretary Donald K. Sandford gave notice of the meeting and Past President and Co-Chair of the Bylaws Committee Richard M. Gardella put to a vote the revisions to the Bylaws which were, he said, Radley’s final offering to the WCBA.

Inside...

In Memorium: Hon. J. Radley Herold

J. Radley Herold, Past President of the

WCBA and former de-fense lawyer, prosecu-tor, county judge, state judge, family court hear-ing officer and beloved husband, father and fa-ther in-law, died Thurs-day, March 8, 2007 of pancreatic cancer at the age of 73.

Radley was born in White Plains on Oc-tober 10, 1933. He at-

tended Archbishop Stepinac High School and gradu-ated from Iona College and Fordham University Law School. He practiced law in White Plains for over 40 years and was a respected member of the legal com-munity. In addition to serving as President of the Westchester County Bar Association, he also served as President of the White Plains Bar Association. He served as a prosecutor with the Westchester District Attorney’s Office, Chief Counsel of the Criminal Division of Westchester’s Legal Aid Society, and Corporation Counsel for Yonkers. His judicial career included service as Scarsdale Village Justice, County Court Judge and Justice of the Supreme Court. He also served for eight years as a Family Court Hearing Officer for the 9th Judicial District.

“He was just an excellent lawyer and a great per-son,” said Past President Richard M. Gardella, “and as a judge, he actually listened to people.” Radley was admired and respected for his fair, patient treatment of everyone he represented, worked with and knew. He will be remembered for the high standards he upheld in the courtrooms over which he presided.

Radley was a devoted parishioner of St. Pius X in Scarsdale.

Radley is survived by his loving wife Margaret and his sons, Radley and wife Sonja Beeker, and Warren and fiancée Laura Matters.

Radley will be sorely missed. ■

▲ Bob Giordano, Patricia Healey, Nancy Bassett, Peter Gahagan & Stephanie Weston

Arlene Gordon Oliver, outgoing Board Member, and Donald K. Sandford, incoming Vice-President

▲

2 April 2007

Westchester County Bar Association

NEWSLETTERPublished monthly by the WCBA

One North Broadway, Suite 512, White Plains, NY 10601

President, Hon. Adam Seiden

President-Elect, Anthony J. Enea

Vice President, Peter P. Zeltner

Vice President, Salvatore A. Lagonia

Secretary, Donald K. Sandford

Treasurer, Thomas H. Welby

Executive Director, Amy C. Patterson

Editor-in-Chief, Hon. J. Radley Herold

Communications Director, Rachel G. Piven-Kehrle

Assistant Staff Editor, Alex Lindquist

Submission of material to the WCBA for inclusion in the Newsletter, Bar Journal, Web site or other WCBA publication grants the WCBA limited copyright and full permission to reprint the material in any WCBA publication, on the WCBA Web site, or with Lexis or Westlaw at any time without additional consent. Please note that any opin-ions expressed in the articles contained herein are solely those of the author(s) and do not constitute positions taken by the WCBA.

ADVERTISING RATES

Classifi ed Ad Listings: Up to 5 lines $60.00 $ 93.75Up to 10 lines $90.00 $125.00Over 10 lines $10.00 per line $ 18.75 per line

Visit www.wcbany.org for complete ad specifi cations.DEADLINE FOR ALL ADS is the 10th of the month prior to publication.

Preferred Format: PDF, “Press” all fonts embedded.Ads are placed on a fi rst come, fi rst served basis. Ad space must be reserved in WRITING by mail or e-mail. For guaranteed placement in specifi c location, add 10% to ad cost; no pre-payment or bulk discounts are applied. The WCBA reserves the right to reject any ad copy at any time for any reason.

Phone 914.761.3707 x19 Fax 914.761.9402e-mail editor@wcbany.org.

Display Ads:Size Color Mem. Non.MemBus. Card (2”h x 3½”w) B/W $82.50 $149.50Quarter Page (4”h x 3½”w) B/W $192.50 $287.50Quarter Page (4”h x 3½”w) 4/C $250.25 $416.85Half Page H (4”h x 7½”w) B/W $385.00 $575.00 Half Page H (4”h x 7½”w) 4/C $500.50 $833.75Half Page V (9¾”h x 3½”w) B/W $425.00 $615.00 Half Page V (9¾”h x 3½”w) 4/C $552.50 $ 891.75Full Page (9¾”h x 7½”w) B/W $770.00 $1150.00 Full Page (9¾”h x 7½”w) 4/C $1000.00 $1610.00

Reminder: 2007 Dues are now Overdue! Please remit to the WCBA, either at online at wcbany.org or by sending a check to:

WCBA, One North Broadway, Ste. 512White Plains, NY 10601

Westchester County Bar Association Newsletter 3

Others Have Come and GoneStatewide Has Come and Grown

It’s a tough real estate market. That’s why many players have left the scene.

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Celebrating over 25 years of service

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Tejash V. Sanchala Joseph P. VillanuevaAttorney at Law Attorney at Law

Diversity Committee Welcomes New MembersThe WCBA Diversity Committee held its monthly

meeting on February 27, 2007, at the WCBA’s new of-fices. The Committee welcomed new members Sylvere Hyacinthe, Joanna Topping, and Claudia Neary. Susan Damplo announced that she and Michelle Cubbon will serve as Committee Co-chairs for the year and that Claire Gallagher will serve as Secretary. If you are in-terested in joining the Committee, please contact Susan Damplo at 914-693-2476, or check the calendar on the WCBA’s website at www.wcbany.org for information about upcoming meetings. ■

Pictured (clockwise from right): Sylvere Hyacinthe, Amy Patterson, Susan Damplo, Marnie Weiner, Joanna Topping, Claudia Neary, Wali Muhammad, Hon. Sam Walker, Dean Kim, Emily Waldman, Claire Gallagher, and Michelle Cubbon.

Section & Committee Update

Past President John S. Marwell presented the report of the Nominating Committee and the proposed Slate of Officers was unanimously voted in. The WCBA Congratulates:

To serve as Officers: President: Anthony J. EneaPresident-Elect: Salvatore A. LagoniaVice President: Peter P. ZeltnerVice President: Donald K. SandfordSecretary: Carol L. Van ScoyocTreasurer: Robert L. Byrne

To serve as Directors:Full three (3) Year Terms: Mayo G. Bartlett, Susan M. Damplo, Jeanne E. Mettler. To complete two (2) year terms: Susan F. Gibraltar, Tejash V. Sanchala. To com-plete one (1) year terms: Bernice E. Margolis, Thomas H. Welby. Those continuing board terms include: William H. Groner and Jon A. Dorf.

The 2007-08 Nominating Committee will include: Hon. Adam Seiden, Chair, John S. Marwell, P. Daniel Hollis, III, James M. Rose, Mona D. Shapiro, Joseph P. Villanueva and Hon. Sam D. Walker.

President Seiden offered the Report of the President and Thomas H. Welby offered the Treasurer’s Report.

Annual Meeting Continued from page 1

continued on p. 22

4 April 2007

WCBA member Alfred E. Donnellan, of DelBello

Donnellan Weingarten Wise & Wiederkehr, LLP of White Plains, was announced as the incoming President of the Board of Directors of Legal Services of the Hudson Valley (LSHV).

Immediate Past President Robert Hermann said, “Al Donnellan is, as so many know, a highly respected leader of the bar who has always found the time to help the Board and the staff pursue our mission. Sad as I am to leave the Board, I know it cannot be left in more capable hands. Barbara Finkelstein, the other Board members and I are delighted to have Al.”

Mr. Donnellan is the Managing Partner at DelBello Donnellan Weingarten Wise and Wiederkehr, LLP in White Plains. He specializes in Commercial Real Estate, Commercial Litigation, Corporate Transactions, and Bank-ing. He is admitted to practice in the State of New York and New Jersey, the US District Courts for the Southern and Eastern Districts of New York, and the US District Court of New Jersey. ■

WCBA Member Alfred E. Donellan To Head LSHV Board of Directors

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Westchester County Bar Association Newsletter 5

The midyear meeting of the American Bar Asso-ciation occurred February 7-14, 2007 in Miami,

Florida. During this meeting, the A.B.A. House of Delegates met on February 12, 2007. I was privileged to be our Association’s representative to the House of Delegates.

The agenda of the House was extensive. It was expected that with special orders and 42 reports and recommendations for presentation and consideration we would take a day and a half to finish the scheduled work. However, as a result of various withdrawals of is-sues, consents to passage and judicious use of a limited debate procedure by the chair of the House, the agenda was completed in one day (about 8 full hours).

One of the highlights of the day was remarks by Lord Peter Goldsmith, QC, the attorney general of the United Kingdom. He spoke rather eloquently on many international law issues. He also spoke clearly and directly on the international implications of some of the policies of the United States, which he believes are wrong and are causing problems for the western allies. Lord Goldsmith stated flatly that our policies of deten-tion at Guantanamo, Cuba are improper and should be amended. He feels that the war in Iraq (indeed the entire issue in the Middle East) is a struggle to be won

or lost based not on military might, but on the strength of competing value systems. He be-lieves that it is difficult to sell Western values to the people of the Middle East when they include places like Guantanamo where lengthy detention without the filing of charges or access to the Court system exists.

Lord Goldsmith stated that he understands the need for some limitations on Civil Rights in time of war when demands for security are high. However, his position was that the limitations of individual rights must be tailored to the need of the mo-ment and never be permanent in nature. Whether you agree with him or not, you must give him ku-dos for standing up in front of an auditorium full of Americans and speaking so bluntly and unflinchingly on a very sensitive issue.

The most debated proposal of the meeting concerned the adoption of a revised Model Code of Judicial Con-duct. We worked the better part of the afternoon on

PRESIDENT’S MESSAGEBy Hon. Adam Seiden

con-tinued on page 21

He believes that it is diffi cult to sell Western values to the people of the Middle East when they include places like Guantanamo...

continued on p. 17

6 April 2007

Don’t Be A Vaguely-Known Lawyer

By Bill Jawitz

PRACTICE MANAGEMENT MEMOMEMO

PRACTICE MANAGEMENT MEMOMEMO

Many people who would consider themselves an ac-quaintance—or even a friend—don’t really know

much about what you do and how you do it. They don’t know who your ideal clients are, or what specific kinds of cases you want to handle, or what specific expertise you bring to the table. Even if you’ve practiced for 15 years in, say, corporate or family law, the only thing many of these people in your life could say about you professionally is that you’re an attorney and you work with businesses or people getting divorced. There’s zero differentiation in their minds between you and your competitors.

This is especially true for people in your affinity groups. An affinity group is any formal or informal cadre of people who come together around a shared interest or commitment. From bow tie swap clubs to little league coaching, from fel-low just-for-kicks musicians to congregants in your spiritual community, you’re probably known and liked by dozens of great folks who don’t know what your practice is all about and who would gladly help in your business development efforts if they did.

This illustrates a powerful principle of referral-based busi-ness development (especially in the professional services):

a person’s inclination to refer you business is proportional to their clarity about what you do.

Make a list of your affinity groups and then identify individu-als from each group whom you’re pretty sure already know you’re an attorney, but whom you suspect don’t know much about your practice. Then, pick the three or four who are the most successful, who operate in the upper echelons of their profession. Invite them for coffee or lunch by explaining that you’re doing some business development research and that you want their candid impressions of what lawyers like you actually do. Tell them you want to hear the good, the bad, and the ugly. This request works. Try it and see for yourself.

Set a goal to do this at least once a month. You’ll pick up extremely valuable insight about how you’re perceived and you’ll learn how to be more effective in describing what you do in “your day job.” And of course in the process, you’ll be building rapport and getting the word out among people who will be more likely to refer prospects to you or introduce you into their networks—now that they know what you really do. ■

Principal, Jawitz Legal Consulting

Westchester County Bar Association Newsletter 7

The American justice system is the envy of the civi-lized world, but it is far from perfect. Its costs can

deny access to those most in need of the system’s help. Poor and low income residents often find themselves outside looking in when seeking the system’s aid to meet their most basic needs. It is estimated that three out of every five Westchester residents seeking civil le-gal aid from legal service associations are turned away. Many of these needy are in search of affordable hous-ing, domestic abuse relief, emergency shelter, health care access, government benefits or job training.

While there are many exceptional new lawyers who seek an opportunity to practice law in the public inter-est, ironically, another cost—the cost of a law school education —further limits available legal help for these underserved residents. With an average law school debt of $80,000, often new law school graduates are forced to find more lucrative employment.

Now, as a lawyer who cares, you can join the leader-ship of the WCBF with an exciting new plan to help address this problem.

The Westchester County Bar Foundation (WCBF), the charitable arm of the Westchester County Bar As-sociation, has created a public interest lawyer fellow-ship to provide legal help to the County’s underserved residents and, at the same time, provide training, employment and loan assistance to a new lawyer who might otherwise not have the opportunity to perform public interest work.

Legal Services of the Hudson Valley has been chosen to host the initial two year fellowship. More than 20 applications were received from talented law school students and new lawyers with outstanding credentials, and the fellow chosen was truly remarkable. Her name is Karen Tenenbaum and she is a third year student at Harvard Law School. One third of the $100,000 needed to fund the initial fellowship has already been pledged. All the Foundation needs now is your help.

The Foundation fellow will receive a salary, generous loan repayment assistance, training and leadership devel-opment while those who the WCBF fellow serves will receive greater access to the justice system and help they need. Administration of the program is being handled by Equal Justice Works, a non-profit organization based in Washington, D.C. with a successful track record in supporting fellowships such as ours.

The members of the Board of the WCBF, all of whom are supporting, this project financially, are excited and

energized by this project. It is hoped that the initial WCBF fellowship is just the start of a larger, long term program to meet the justice needs of these underserved Westchester residents.

Cards and envelopes that can be used to make your contribution to this effort will be mailed to every WCBA member; we sincerely hope that you will use them to support this effort. All donations are tax de-ductible.

Thank you for your support. ■

WCBF Foundation Fellow Named – Now All We Need is Your Help

Highlights of Karen Tenenbaum’s qualifi cations:

EducationHarvard Law School, Cambridge, MA.Juris Doctor anticipatedActivities: Housing Law clinical (Fall 2005, Spring 2006, Fall 2006)Legal Services Center Student Advisory CommitteeClinical News Columnist and Travel Editor, Harvard Law RecordResearch Assistant to Professor Gabriella BlumFounder and Treasurer, Criminal Justice Working GroupPre-law Tutor, Winthrop House

Duke University, Durham, N.C.Bachelor of Arts, cum laude in political theoryHonors: 2003 Verville Award for best paper on the subject of political science2003 German Department prize for best paper in English2002 Rothermere Scholarship for summer study in Oxford, England3rd place, 2000 Martin Luther King, Jr. oratorical competitionActivities: Co-founder, Undergraduate Political Theory SocietyPresident, Treasurer, Student-Faculty Coordinator, Roundtable DormitoryFounding Editor of Ethos, the undergraduate journal of ethics

ExperienceFried Frank Harris Shriver and Jacobson, New York, NY. Law clerk. Research on legal issues, with a focus on land use, real estate, and litigation.

Legal Aid Society, Brooklyn Neighborhood Offi ce, Housing Unit, Brooklyn, NY. Extern. Trial preparation for two cases; interviewed and wrote advocacy letters for public housing residents applying for housing benefi ts.

Knox County Public Defenders, Knoxville, TN. Summer clerk. Conducted legal research and drafted motions for three attorneys. Directed a group of interns to research and write a successful appellate motion about media access to a hearing. Assisted attorneys on client interviews and investiga-tions at area jails and around Knox County.

Harvard Program on Negotiation, Cambridge, MA. Researcher for Pro$ Robert Spring 2002, Mnookin and Fellow Gabriella Blum. Researched settlement compensation models, involuntary resettlement, West Bank settlements, and the limits of negotiation. Selected speakers for and helped organize an October 2004 academic conference at Harvard about Jewish settlements.

By P. Daniel Hollis, III, Esq.

P. Daniel Hollis, III is President of the WCBF and a partner with Shamberg Marwell Davis & Hollis, P.C.

8 April 2007

Turn Your Billing System into a Management Tool

There are a number of good computerized billing systems for the small to mid-sized law firm. They

all are capable of producing bills and statements in a variety of formats. But there is more to a billing system than the ability to produce bills. There is also a wealth of information sitting in your billing system

that can help lawyers and legal administrators assess the financial welfare of the firm, and make sure that it is running efficiently and profitably.

So what can you get from your billing system besides the bills?

1. WIP Reports – WIP means work in process; that is, work not yet billed out. What chargeable activity is sitting in your billing system that has not yet been billed?

If your billing system can run an aged work-in-process report by client/matter – and most can – you may be very surprised to see unbilled time and expenses that are not current. If you see unbilled time and expenses older than 30 days, you need to investigate to see why

they have not been billed. Disburse-ments can add up very quickly and should be billed as soon as possible. Too much time and expense sitting in WIP can lead to a cash flow problem.

2. Aged Accounts Receivable Balance Reports – Now that you have sent out bills, who owes you how much, and how old are the receivables? In general, the older the receivables, the harder they are to collect. You will want to run this report right after you run the bulk of your billing, then again in mid-month to monitor your collections process. In a firm with several partners, it’s a good idea to run the report sorted by partner so each can follow up with his or her clients. (Note: You may also want to review your standard retainer letter to make sure that the payment policy is clearly spelled out.)

3. Daily Total of Billable Hours by Timekeeper. Run a report of hours worked by timekeeper to make sure that no days have been skipped. It is often the case that not all hours are entered on a timely basis. If an attorney is away at a deposition or on trial, that time may not be getting entered. Such a report should be run weekly, and also should be run right before the billing cycle begins, to be sure that all time is in the system before billing.

continued on p. 10

B o o k k e e p i n g a n dA c c o u n t i n g S e r v i c e s

Specializing in the Reconciliation of Escrow Accounts

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E m a i l :D M I 2 1 0 @ a o l . c o m

There is also a wealth of information sitting in your billing system that

can help ... assess the fi nancial welfare of the

fi rm, and make sure that it is running effi ciently

and profi tably.

By Andrea Prigott

Westchester County Bar Association Newsletter 9

Is Your Business Really Protected?By Luis Guerra

—continued on p. 19

Business owners have long relied on buy-sell agreements to protect the financial future of their business and their

family. Sometimes called a “business will,” a buy- sell agree-ment is a legal contract among business owners that states what will happen should an owner leave the business due to death, disability, or a lifetime sale. The agreement obligates the remaining owners to purchase the business interest of the owner who has left the business, and the departing owner (or heirs) is obligated to sell. However, the effectiveness of a buy-sell agreement depends largely on the specific terms set forth in the agreement. If a buy-sell agreement is not properly prepared, it may cause serious problems for heirs and remaining owners.

The Two Biggest Mistakes to AvoidA buy-sell agreement can be effective only if it’s properly

written. Too often, business owners overlook key areas, leaving survivors in a difficult situation. Let’s take a look at two common mistakes you’ll want to avoid when drafting your buy-sell agreement: • Addressing a one-sale contingency — A poorly conceived

buy-sell agreement usually addresses only one event, such as the death of an owner. This is a limited view that may lead to problems at a later date. What would happen if an owner became disabled? What if an owner wants

to retire? When would the buyout be executed, and at what price and terms? A proper buy-sell agreement should ad-dress three situations: death, disability, and lifetime sale by an owner.

• Setting the value of the business too low — Some owners value their business too low in their buy-sell agreement believing that this will reduce their estate tax liability. If certain criteria are not met, the IRS can reject the business’s value for estate tax purposes. Not only are the heirs shortchanged, but they may end up owing the IRS more in estate taxes than they received from the sale.

A Valid Buy-Sell AgreementIn order for a buy-sell agreement to be used to help deter-

mine the estate tax value, the IRS has set some guidelines. IRC Section 2703 gives the following requirements for a valid buy-sell agreement:• It must be a bona fide business arrangement. • It must not be a device to transfer property to members

of the decedent’s family for less than full and adequate consideration.

• It is similar to comparable arms length transactions. In addition, applicable case law has established several rules

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10 April 2007

4. Invoice Reports – How much did you bill last month? How much have you billed this year, and how does it com-pare to last year? An invoice report, especially when run on a comparative basis, will help you stay on top of your billing, which in turn will help the firm’s cash flow.

5. Payments by Month – How much did you receive in payments from your clients this month, and this year to date? Again, running these reports on a monthly basis, and comparing them to the same time last year, lets you see how much cash is coming into the practice. If there is a gap be-tween the value of the hours worked and the payments com-ing in, then either hours are being left in WIP, or else there is a collections problem which needs your follow up.

6. Flat Fee Analysis – How much did you bill for a flat fee matter as compared to the value of your time, calculated at your normal hourly rate? Such a report, run periodically,

Billing System —continued from page 8

Andrea Prigot is President of Amicus Consulting, Inc.

perhaps quarterly, can help you figure out whether your flat fees are reasonable given the hours you are investing. Such a report of course requires that you track the hours you work on each matter, always a good idea.

7. Revenue by Practice Area – If your firm has several areas of practice, try running a payment report by practice area, hours worked by practice area, and accounts receiv-able report by practice area. You may be surprised to see where most of your revenue is coming from and how the trend is changing over time.

Most billing programs can produce all of these reports. The key is to set up a schedule for running them, then to make sure they are reviewed and acted upon, in time to head off productivity and collections issues, and to price your services appropriately in the future. ■

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Westchester County Bar Association Newsletter 11

WCBA CLE CALENDAR OF EVENTS

APRIL 12, THURS.ADULT GUARDIANSHIP COMMITTEE / TRUSTS & ESTATES SECTIONChairs: Patricia Bave-Planell, Esq., Allison Guthrie Fischer, Esq.; Gary Bashian, Esq., & Frank Streng, Esq.Topic: “Discovery & Turn Over Proceedings by a Guardian or Fiduciary – MHL §81.43 and SCPA §2103” (T)Speakers: Joseph M. Accetta, Esq. and Colleen Lundwall, Esq.Place: Morgan Stanley Offices, 2000 Westchester Ave., PurchaseTime: 5:30 pm – 8:00 pmPrice: $45 Mem. / $75 Non-Mem.Sponsor: Morgan Stanley2 Credits of Professional Practice (Incl. dinner)

APRIL 17, TUES.REAL PROPERTY SECTIONChairs: Julia Heilman, Esq. & Ira Goldenberg, Esq.Topic: “Sex Offender Residency Restriction Laws and Real Estate Transactions” – (T)Speakers: John Cavallaro, Esq. and Lewis Montana, Esq.Place: Crown Plaza, 66 Hale Ave., White PlainsTime: 8:30 am – 10:30 amPrice: $40.00 Mem. / $55.00 Non-Mem.1.5 Credits of Professional Practice (Incl. breakfast)

APRIL 19, THURS.PROFESSIONAL ETHICSChairs: Richard Maltz. & Jack Babchik, Esq.Topic: “New York Marketing/Advertising Ethical and Legal Guidelines ” – (T)Speakers: Lindsay Kockelman and Carole GreenwaldPlace: Crown Plaza, 66 Hale Ave., White PlainsTime: 8:30 am – 10:30 amPrice: $40.00 Mem. / $55.00 Non-Mem.Sponsor: Thomson FindLaw1.5 Credits of Professional Practice (Incl. breakfast)

APR 24, TUE.ELDER LAW COMMITTEEChairs: Rita Gilbert, Esq. & Neil Rimsky, Esq.Topic: “New York Compact” – (T)Speaker: Michael Amoroso, Esq.Place: Sterling Glen of Rye Brook, 1200 King Street, Rye BrookTime: 8:00 am – 10:00 amPrice: $40 Mem. / $55.00 Non-Mem.Sponsor: Sterling Glen of Rye Brook2 Credits of Professional Practice (Incl. breakfast)

APRIL 25, WED.LAW OFFICE MANAGEMENT COMMITTEEChairs: Jon Dorf, Esq. Topic: “Marketing That Works: The Five Essential Steps to Attracting A-Level Clients Consistently (and Ethically)” – (T)Speaker: Bill JawitzPlace: Crown Plaza, 66 Hale Ave., White PlainsTime: 8:30 am – 10:30 amPrice: $40.00 Mem. / $55.00 Non-Mem.2 Credits of Skills (Incl. breakfast)

APRIL 25, WED.REAL PROPERTY SECTIONChairs: Julia Heilman, Esq. & Ira Goldenberg, Esq.Topic: “Changes in Title Insurance: New ALTA Policies and Home Equity Theft Prevention Act” – (T)Speakers: Joseph Petrillo, Esq. and John Martin, Esq.Place: Laguna Restaurant, 189 East Post Road, White PlainsTime: 6:00 pm – 8:30 pmPrice: $40.00 Mem. / $55.00 Non-Mem.Sponsor: All New York Title Agency2 Credits of Professional Practice (Incl. dinner)

APRIL 26, THURS.CORPORATE COMMERCIAL COMMITTEEChairs: Jane Collen, Esq. & Andrew KarlenTopic: “Business Leases – Practical Tips on Negotiation, Drafting and Litigation” – (T)Speakers: Dawn Arnold, Esq., Louis J. Maggiotto, Esq., & Craig S. Ruoff, Esq.Place: Antonees on Broadway (in the Elks Lodge) 115 N. Broadway, White PlainsTime: 5:30 pm – 8:00 pmPrice: $40.00 Mem. / $55.00 Non-Mem.Sponsor: Rakow Commercial Realty Group2 Credits of Professional Practice (Incl. dinner)

MAY 8, TUES.FAMILY & DOMESTIC RELATIONS LAW SECTIONChairs: Nancy Kellman, Esq. & Mitchell Cohen, Esq.Topic: “Standards of Value, Double Dipping and Other Practical Issues/Problems Encountered” – (T)Moderator: Mitchell Cohen, Esq.Speakers: Martin Blaustein, CPA; Gerald DeFeo, CPA; & Dennis Kremer, CPAPlace: Antonees on Broadway (in the Elks Lodge) 115 N. Broadway, White Plains Time: 6:00 pm – 8:30 pmPrice: $40.00 Mem. / $55.00 Non-Mem.2 Credits of Professional Practice (Incl. dinner)

12 April 2007

Copies of the WCBA CLE Rules and Procedures and the Hardship Policy may be obtained by e-mailing cle@wcbany.org or calling 914/761-3707 ext. 13. Your knowledge of the CLE rules and procedures is presumed when you register for a CLE.

Please note that you may register immediately for CLE by visiting our Web site: wcbany.org

or fax this form to (914) 761-9402 or mail to One N. Broadway, Ste. 512, White Plains, NY 10601Please register in advance whenever possible. Registration later than 12 p.m. 24 hours PRIOR to the CLE will incur a $10 late fee and applicants will be seated and provided written materials ONLY if space permits.

CLE or Event Title Date Time Fee

Name(s) ____________________________________________________ E-Mail _______________________________

WCBA Member? ❏Yes ❏No If not, would you like to join and pay for this CLE at the member price? __________

Firm ______________________________________________________ Business Telephone _____________________

Method of Payment: Check/money order enclosed $ ___________ or Charge to ________Mastercard ________ Visa

Card Number _______________________________________________ Expiration Date ________________________

Credit Card Billing Address ___________________________________________________________________________

Authorized Signature _______________________________________________________________________________

If you have paid for a program in advance and circumstances require cancellation, full credit will be applied to a future program, provided written notification (by mail/fax/e-mail) is received by the WCBA at least 1 business day in advance of the program.

CLE Registration Form

MAY 9, WED.TAX COMMITTEEChairs: James Ausili, Esq. & Paul Bercovici, Esq.Topic: “Buy-Sell Agreements ” – (T)Speakers: Paul Bercovici, Esq. and Dean Hottle, CPAPlace: Crown Plaza, 66 Hale Ave., White PlainsTime: 8:00 am – 10:00 amPrice: $40 Mem. / $65 Non-Mem.2 Credits of Professional Practice (Incl. breakfast)

MAY 14, MON.TRUSTS & ESTATES SECTIONChairs: Gary Bashian, Esq. & Frank Streng, Esq.Topic: “Will Contests Including Preparation andTaking the Deposition and SCPA 1404 Witnesses” – (T)Speakers: Joseph Accetta, Esq., Gary Bashian, Esq., Rita Gilbert, Esq., and Frank Streng, Esq.Place: Laguna Restaurant, 189 East Post Road, White PlainsTime: 5:00 pm – 7:00 pmPrice: $45 Mem. / $75 Non-Mem.2 Credits of Professional Practice (Incl. dinner)

MAY 15, THURS.LAW PRACTICE CONTINUITY COMMITTEEChairs: Susan Gibralter, Esq. Topic: “Closing and/or Selling a Practice” – (T)Speaker(s): Jeff Fetter, Esq., Sarah Diane McShea, Esq., & Robert Ostertag, Esq.Place: Antonees on Broadway (in the Elks Lodge) 115 N. Broadway, White PlainsTime: 5:30 pm – 7:30 pmPrice: $40 Mem. / $65.00 Non-Mem.1 Credit of Ethics and 1 Credit of Professional Practice (Incl. dinner)

MHA on the MoveThe Mental Health Association of Westchester

Sunday, May 6, 2007, 8 a.m. - noonFDR Park, Yorktown Heights

5K Run/Walk, 1 Mile Kids’ RaceTo register, call (914) 345-5900 x 209

Westchester County Bar Association Newsletter 13

Mona D. ShapiroMona D. ShapiroBanks Shapiro Gettinger & Waldinger, LLPBanks Shapiro Gettinger & Waldinger, LLP

118 N. Bedford Road118 N. Bedford RoadPO Box 320, Mount Kisco, NY 10549-0320PO Box 320, Mount Kisco, NY 10549-0320

(914) 666-8033(914) 666-8033(914) 666- 4459 (fax)(914) 666- 4459 (fax)

mshapiro@kiscolaw.commshapiro@kiscolaw.com

AVAILABLE FOR CIVIL APPEALS AND DISPOSITIVE MOTIONSAVAILABLE FOR CIVIL APPEALS AND DISPOSITIVE MOTIONS

Mona D. Shapiro is a thorough, creative, and determined litigator Mona D. Shapiro is a thorough, creative, and determined litigator with over 30 years of experience in complex civil litigation, including real property, with over 30 years of experience in complex civil litigation, including real property, condominiums, commercial, matrimonial and family, estates, and employment law.condominiums, commercial, matrimonial and family, estates, and employment law.

The Westchester County Pro Bono Local Action Committee in conjunction with Mount Vernon United Tenants

Legal Services of the Hudson Valley& The Westchester County Bar Association

invites attorneys to participate in a pilot program to assist low-income tenants in Mount Vernon

PROJECT APARTMENT SAVE Low-income tenants who face eviction proceedings often do not have

legal representation. In this pilot program, attorneys are being recruited to provide pro bono representation to tenants in summary holdover and nonpayment proceedings in the City Court of Mount Vernon. Attorneys who agree to represent one client per year will receive:

SIGN UP NOW FOR THE FIRST FREE TRAINING

CLE ACCREDITATION PENDINGDATE: THURSDAY, APRIL 19, 2007TIME: 5:30 PM TO 8:30 PM (light dinner will be served)LOCATION: THE NEW YORK STATE JUDICIAL INSTITUTE AT PACE UNIVERSITY LAW SCHOOL (84 N. Broadway, White Plains) SPEAKERS: HON. ADAM SEIDEN, JUDITH B. STUDEBAKER, ESQ., WILLIAM M. PERMUTT, ESQ.

For further information or to enroll in the program please contact:Erin Noelle Guven: Legal Services of the Hudson ValleyTel: 914-949-1395 , ext.116 E-mail: eguven@lshv.org ■

Legal Services of the Hudson Valley (LSHV) held a Grand Opening Recep-

tion on March 7, 2007, to celebrate the opening of its new Mount Vernon office. The new office, which will be shared by My Sisters’ Place and the Westchester Hispanic Coalition, was made possible by a $500,000 grant from Westchester County. LSHV will provide comprehensive, free legal assistance in all matters, including housing, family law, benefits, education and consumer issues. My Sisters’ Place will provide specialized legal services to women who are victims of domestic violence, and the Westchester Hispanic Coalition will deal with the many issues facing immigrants in Westchester. ■

LSHV Celebrates Opening of Mount Vernon Offi ce

• Free CLE training on the nuts and bolts of representing ten-ants in landlord/tenant court

• Use of free office space to meet with the client near the courts in Mount Vernon

• Malpractice insurance coverage for the case through Legal Ser-vices of the Hudson Valley

• CLE credit for time spent work-ing on the case

(L-R) Graciela Heyman, Clinton Young, Barbara Finkelstein, Karen Cheeks-Lomax, Andrew Spano and William Ryan.

14 April 2007

In drafting objections to the probate of a Last Will and Testament, it is often very tempting to allege the specific

facts in support of one’s assertion that the decedent lacked testamentary capacity, or that undue influence, duress or fraud was practiced upon the decedent. However, this temptation is best quickly suppressed. Although motions for summary judgment are being granted with increas-ing frequency by Surrogate’s Courts in Will contests, the specific factual basis for one’s objections is best left for revelation in one’s papers in Opposition to a Motion for Summary Judgment or in response to a specific discovery demand.

There are several fairly obvious strategic reasons for doing so. One reason for expressing the objection in broad and general terms with little or no factual specificity, such as improper execution, fraud, undue influence or lack of tes-tamentary capacity (except to the extent necessary to satisfy SCPA §302(2), (which requires that statements in a pleading shall be sufficiently particular to give the court and parties notice of claim, objection or defense and shall contain a demand for the relief sought), is that it will later allow the objectant to probate an opportunity to expand the objec-tions after the completion of discovery. Additionally, the

WHEN DRAFTING OBJECTIONS TO PROBATE LESS IS MOREBy Anthony J. Enea, Esq.

filing of objections with little or no factual specificity will force the attorneys for the proponent, through a Demand for a Bill of Particulars, Depositions and other discovery and disclosure demands, to determine what the factual and evidentiary basis is for the objections. Of course, the issue of saying less leads to the question of whether or not one should include all of the standard general aforestated Objections to Probate in his or her Objections, even when the likelihood of success on said Objections may be questionable at best.

Although filing Objections to Probate with multiple ob-jections is commonly done, the prudence of the practice has often been questioned. In Re Estate of Simone, 53 Misc. 2d 314,315,278 N.Y.S. 2d 928,929, Surrogate Keane noted:

“When the ... hunter journeys into the jungle in search of an elephant, he arms himself with a powerful rifle and equally effective bullets. He knows it would be the height of folly to embark on such a hunt armed with a small shot-gun and buckshot. Why does the contestant in a probate proceeding, whose task in nullifying a will is equally as formidable as shooting an elephant, so frequently come into court with “omnibus” or “bushel basket” objections which have the effectiveness of a small shotgun with buckshot rather than with concise objections which might have the strength of a high-powered rifle with big game bullets?”

While Surrogate Keane made many valid points, in many circumstances the objections are filed without all depositions and discovery being completed, and without the objectant having the necessary knowledge of which objections he or she should be filing. From experience I can assure you that the SCPA §1404 Depositions of the attesting witnesses often yield sufficiently different facts from the depositions of the proponent of the Will, fam-ily members, and medical testimony. While the court can allow an amendment to Objections to Probate if it deems it appropriate, there is an argument to be made for erring on the safe side and including all of the general standard objections within the objections filed (see In re Lafflin, 111 A.D. 2d 924,491 N.Y.S. 2d 35 (2d Dep’t 1985)).

In conclusion, whether the objectant decides to limit the number of objections he or she files, or decides to utilize all of the standard general objections to probate, one thing is certain: stating those objections in terms that are as general and broad as possible with as little specificity as possible is the most preferable way of doing so. ■

Anthony J. Enea, Esq., President Elect, is a partner with the firm of Enea, Scanlan & Sirignano, LLP.

Westchester County Bar Association Newsletter 15

—continued on page 18

Introducing Board Member... Arlene Gordon-Oliver

Arlene Gordon Oliver is a current member of the Board of Directors for the Westchester County

Bar Association and Co-Chair of the WCBA’s Bank-ruptcy and Creditors Rights Committee. She is also an Elected Delegate from the Ninth Judicial District to the House of Delegates for the New York State Bar Association.

As an African American attorney living and working in Westchester County, a minority business owner and a former President of the Association of Black Lawyers of Westchester County, Ms. Oliver saw a need for stron-ger minority presence in the WCBA. Although she had been a member and supporter of the Association, her increased involvement was a direct result of a resolution passed by the WCBA Board of Directors in 2001granting the Association of Black Lawyers of Westchester County and the Women’s Bar Association- a seat on the WCBA Board of Directors and a one half vote on the Board. Accordingly, through the efforts of past-president Hon. Sam D. Walker and many of the other visionaries on the WCBA Board of Directors, Ms. Oliver, as president

of the Black Lawyers Association of Westchester at that time, became the first representative for said Bar Association to sit on the WCBA Board of Directors.

As a representative of the Black Lawyers Association on the WCBA Board, Ms. Oliver saw the tremendous benefit that diversity brought to the Board. Not only did she feel that diversity on the Board was of vital importance to the WCBA but she also felt particularly appreciative of the welcomed response to her presence on the Board by the other long standing Board members. In fact, as a result of the foregoing, when her term representing the Black Lawyers ended, Ms. Oliver sought her own position as a member of the WCBA Board of Directors in an effort to create an ongoing presence of minorities on the WCBA Board of Directors.

Since her election to the WCBA Board of Directors in April 2002, Ms. Oliver was re-elected to the Board for an additional three years. During her tenure on the Board and through her active involvement as a speaker and organizer

16 April 2007

The WCBA would like to welcome new attor-ney members: Timothy J. Brennan, Esq. of White Plains; Michelle McKee Cubbon, Esq. of White Plains; Kimberly Ann Einzig, Esq. of Armonk; Maria A. Gorordo-Daly, Esq. of Ossining; Dennis Edward Krolian, Esq. of White Plains; Robert P. Levine, Esq. of Granite Springs; Eric Nachman, Esq. of Yonkers; Mitchell Jonas Schroeder, Esq. of Nanuet; Jay Teitelbaum, Esq. of Briarcliff Manor; Claudine Weis, Esq. of White Plains; and Matthew H. Woodard, Esq. of White Plains.

We would also like to welcome new affiliate members: Christopher L. Cawley of Tarrytown; Alice Kerins Gannon of Yonkers; Luis Guerra of Yorktown Heights; Paul Katz of White Plains; Michael Milbee of Purchase, and new student members: John E. Durante of White Plains and Eric Mandell of White Plains.

We hope to see you at CLE’s and other WCBA events!

Welcome New Members!

Lisa Solomon’s article about work-ing with appellate services providers (a/k/a appellate printers), entitled “Specialists will take care of the messy detail work,” was published in a special section on appellate practice in the February 19, 2007 issue of the National Law Journal. You can read a copy of the article at www.Ques-tionOfLaw.net/nljarticle.pdf.

Leicia Grant, member of the Diversity Committee, has joined the firm of Steven R. Sundheim & Associates, L.L.C. at 777 Westchester Ave., Ste. 204, White Plains NY 10604. She may be reached at (914) 949-5322 or grant@sundheimesq.com.

The law firm of Cuddy & Feder, LLP has opened new offices at 445 Hamilton Avenue, 14th Floor, in White Plains.

Griffin, Coogan & Veneruso. P.C. Attorneys-At-Law is pleased to announce that Stephen J. Brown formerly of Dreier LLP specializing in the area of corporate law has become an associate of the Firm ■

Jen Gross & Joe Villanueva & big brothers Harry & Van

Welcome with lots of love:

Amy Rose Villanueva Date: 2-14-07

Time: 10:41 a.m. Height: 19 inches

Weight:7 lbs 1 oz

Health Insurance Health Insurance for Sole Practitionersfor Sole Practitioners

Affiliate member and one of the WCBA’s Affiliate member and one of the WCBA’s preferred insurance brokers, Charles preferred insurance brokers, Charles

J. Newman CLU of The Charles J. New-J. Newman CLU of The Charles J. New-man Co., LLC has been assisting WCBA man Co., LLC has been assisting WCBA

member sole practitioners in obtaining in-member sole practitioners in obtaining in-dividual and group health insurance. dividual and group health insurance.

Carriers available to WCBA sole practitioners: Carriers available to WCBA sole practitioners:

Oxford, HealthNet, Empire, HIP, Oxford, HealthNet, Empire, HIP, and Atlantis Health Plansand Atlantis Health Plans

• Premiums start as low as $294.38/• Premiums start as low as $294.38/mo/single and $755.09/mo/familymo/single and $755.09/mo/family

For more information contact:For more information contact:

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T 914-345-1000T 914-345-1000F 914-345-1005F 914-345-1005

E-Mail chuck@charlesnewman.comE-Mail chuck@charlesnewman.com

Westchester County Bar Association Newsletter 17

this one matter. Disagreement by members of the House concerned whether or not the revised code should include as a rule that judges must avoid “the appearance of impro-priety.” The same phrasing was long ago removed from the model code of ethics for attorneys.

Both sides of the issue presented rather cogent arguments. Historically there appears to have been only one charge against a judge solely on this basis of the “appearance of impropriety” in some thirty (30) years. The argument was made that the rule was therefore only used as a “piling on” provision when a judge was charged with some other ethical violation. The best argument against this rule was that it was so vague as to mean almost anything (or noth-ing). Those against inclusion of the provision wanted more specific language that better explained what action by a judge would be improper.

In the end the House approved the revised code, including the “appearance of impropriety” rule as the best available result. The purpose of the code revision is to present to the various states a final product which they can implement. The Conference of Chief Justices of the States lobbied for inclusion of the rule. Most members of the House believed that three years of work would render the revised code useless if the Chief Justices disagreed with its terms and refused to implement it in their home states.

Another fascinating report, which passed unanimously, was a resolution to adopt a model court rule on the provi-sion of legal services following a determination of a major disaster. This recommendation developed out of the Ka-trina disaster in the Gulf States. Many attorneys rushed to the area to help the existing legal systems provide services to communities and individuals in need. Many lawyers in the stricken area moved their businesses to other states to continue working. All of these “traveling” attorneys found themselves in the unlikely position of practicing law in a jurisdiction where they had no license to do so.

The proposed Court rule, which left implementation up to the highest Court in each state and only upon the dec-laration by that Court that a major disaster has occurred, has created a vehicle whereby pro bono work could be provided as needed under such grave situations without any fear by the attorney of violating local criminal laws. The report was presented by Professor Stephen Gillars of the NYU School of Law, who acted as advisor to Commission studying this matter.

Other matters to come before the House included issues in Antitrust Law, criminal justice, effective criminal sanc-tions, uniform state laws, homelessness, judicial pay and independence, assistance to military personnel, youth at risk and independence to the profession.

President’s Message —continued from page 5

The sessions are open to the public. The debate is spir-ited and apparently always brilliantly prepared. The topics are important to us as lawyers and to society in general. Meetings with other members from New York State were informative and challenging. The whole process was in-vigorating. You feel proud to be a lawyer. I recommend it to everyone. ■

The WCBA Awards committee is seeking nominations for the NYSBA Root/Stimson Award. This award is

given by the State Bar Association every year to a lawyer who has demonstrated a significant and positive impact in the community, state or nation that is unrelated to the practice of law. Typically the best candidates are people who enhance the public image of attorneys by their involve-ment in community organizations.

The award committee will prepare the official nomina-tion form for such a person and will assist in the prepara-tion of letters of support. Do you have a candidate in mind? Please contact the Awards Committee either through the Bar office or by contacting the Chair of the committee, Salvatore A. Lagonia, Esq. at 914-245-7500. Let’s give a colleague the recognition he or she deserves. ■

Awards Committee Seeking Nominations

18 April 2007

Arlene Gordon Oliver --Continued from page 15

of various events, Ms. Oliver was appointed Co-Chair of the Bankruptcy and Creditors Rights Committee. In ad-dition, as a result of her commitment to the WCBA and their mutual goals for diversity in the Association, Ms. Oliver agreed to accept the nomination of the WCBA to be an Elected Delegate from the 9th Judicial District to the House of Delegates for the New York State Bar As-sociation where she has also been elected to The Fellows of The New York Bar Foundation.

Ms. Oliver is a partner in the law firm of Rattet, Pas-ternak & Gordon Oliver, LLP located in Harrison, New York. She is also the Chairperson for the Bankruptcy Law Section of the National Bar Association and a member of the Board of Governors of said association, elected positions she has held since August 2001. The National Bar Association is the nation’s oldest and largest associa-tion of African American lawyers, judges, legal scholars and law students.

Ms. Oliver also sits on the Board of Directors of vari-ous non-profit organizations and has served as an arbitra-tor in the White Plains City Court where she arbitrates small claims. ■

The big company that won’t make you feel

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policies and research for commercial and residential real estate transactions throughout New York State.The LandAmerica Family of Title Insurance Underwriters:

Commonwealth Land Title Insurance Company * Lawyers Title Insurance Corporation * Transnation Title Insurance Company

SAVE THE DATELaw Day

CelebrationMay 1

Joseph F.Gagliardi Award

Ceremony May 16

WCBA Diversity

Annual EventMay 17

WCBA Annual Banquet May 24

WCBA Memorial

Service May 30

Annual Golf

Outting July 23

Westchester County Bar Association Newsletter 19

Is Your Business Protected

that must be followed:• The estate must be obligated to sell at death. • The agreement must have a fixed and determined sale

price, or a method for determining the price. • An owner cannot sell during lifetime without first offering

it to the other owners. • The price must be fair and adequate when the agreement

is made.

The Benefi ts of a Buy-Sell AgreementWhen structured and funded properly, a buy-sell agree-

ment can accomplish several goals, including: • Creating a market for the stock • Setting a predetermined price or valuation method that

the owners agree on to buy and sell their shares • Providing money to fund the plan

A buy-sell agreement benefits both surviving owners and heirs. Benefits to heirs:• Free of business worries • Guaranteed fair purchase price • May avoid probate delays Benefits to surviving owners:

• Relieves concern of new and possible unwanted partners • Know the purchase price beforehand • Retain good relations with creditors and clients through

a smooth transition of ownership

Doing It RightWhen it comes to business succession planning, it’s

best to sit down with experienced professionals to plot your strategy. You should draft a comprehensive buy-sell agreement with the help of an attorney, and discuss any tax concerns with your tax advisor. It should be flexible enough to allow for future modifications with the consent of all involved parties. You’ll also want to discuss funding options with your insurance agent. Insurance can be a cost-effective, tax-advantaged means of funding a buy-sell agreement.

Don’t delay! Now’s the time to put together a well-thought-out plan that will help guarantee the smooth tran-sition of your business. It can benefit both your family and your business partners. ■

Luis Guerra is a Financial Services Representative at New York Life Company

--Continued from page 9

20 April 2007

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Armonk - furnished office available for attorney in exchange for services. Call (914) 273-3959.

Hartsdale —Large private windowed office in picturesque building on White Plains border. Rent includes parking, Internet Access, Voice Mail System, Conference Room, and Reception Area. $900.00 per month. Secretarial area and copier available. Call (914) 761-0444 x107.

New Rochelle — Affordable Office Space on North Ave. 2 Rooms (1 suitable for paralegal or secretary), Library/Conf. Rm., copier, fax. Parking Available. Convenient to train and buses, walking distance to local courts (City & Family). Call (914)-632-5920.

White Plains — AV rated law firm has 4 attractive windowed offices and 1 interior office available in prime White Plains location. Can be rented individually or as a group. Close to County and Federal courthouses. Use of conference rooms. Please call 914-686-3700 ext. 235.

White Plains - Two offices for rent in upscale well-maintained office building, 45 Knollwood Road across from 399 Knollwood Road, White Plains. Secretarial space and free parking is included and parking is al-ways available for clients. Rent is $550.00 per office. Please contact Helene Greenberg 914-347-1250 or hmiggreen@aol.com.

White Plains - One/two windowed offices available immediately; adjacent to train/bus station; full ameni-ties including parking, conference room, kitchen. Call Chris Owen (914) 949-0109.

White Plains – AV rated law firm has attractive win-dowed office available in Class A office building within walking distance of Federal and County courthouses. (914) 681-6006.

White Plains — Near Court — Large windowed of-fice in hi-end PI and commercial litigation suite. Many extras, including sec’y stations + storage. Beautifully decorated - wood accents $1500 per month. All ameni-ties including library, conf. rooms, copying. Internet and parking available. Call 914-683-1135.

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White Plains – 399 Knollwood RoadOffice suite with two windowed and two inside offices with one or two secretarial stations. Includes reception-ist, waiting area, conference rooms, kitchen with access to postage, fax, copier. Free parking and gym. Call Ira - 914-682-8000.

White Plains — 50 Main Street. Small suite of attor-neys. Exterior windowed office available. Conference room, fax, copier, DSL. Call (914) 683-8030.

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Westchester County Bar Association Newsletter 21

CLE Update

Pictured (l-r): Deborah Scalise, Esq.; Richard Maltz, Esq., co-chair Professional Ethics Committee; and Vitaly Lipkansky, Esq.

PROFESSIONAL ETHICSReal Estate Practioners of Westchester County were

treated to a discussion of “Ethics Issues for Real Estate Practioners” presented by Vitaly Lipkansky, Richard Maltz and Deborah Scalise, all known experts in the ethics field.

The WCBA and Professional Ethics Committee would like to thank Rick Rakow and the Rakow Commercial Realty Group for their support and sponsorship of this event.

If you missed this practical CLE and are interested in purchasing a DVD/audio CD, please contact Eileen Baxter at (914) 761-3707 x13. ■

Pictured (l-r): Frank Streng, Esq. co-chair of WCBA T & E Sec’n; Susan Edwards, Esq., co-chair WWBA Tax Comm.; Richard Zimmerman and Susan Schoenfeld, Esq., (speaker) of Bessemer Trust (sponsor); Gary Bashian, Esq., co-chair of WCBA T & E; Karen Walsh, Esq., co-chair WWBA T & E; Nancy Rudolph, Esq., co-chair WWBA T & E; and James Ausili, Esq., co-chair WCBA Tax Sec’n.

WHO WILL PAY THE ESTATE TAXES?The WCBA and the WWBA jointly presented a CLE en-

titled “Tax Apportionment Clauses: Ignorance is No Excuse” on Monday, March 5, 2007. Susan Schoenfeld, Principal and Associate Fiduciary Counsel at Bessemer Trust, provided an excellent program to the attendees in relation to the tax ap-portionment clause directing which beneficiaries’ share will pay the estate taxes. Questions from the audience sparked other discussions and may possibly lead to a future program on drafting wills.

Bessemer Trust was the proud sponsor of this CLE. ■

PICKING A “WINNING” JURYThe New Lawyer Section (NLS) continues the “How to”

series and presented “How to Pick a Jury” on March 1, 2007. The attendees, a mix of new and seasoned attorneys looking for a refresher class, were led through the program by Paul Bottari, senior partner at Wilson, Elser, Moskowitz, Edelman & Dicker, LLP.

Mr. Bottari provided valuable insights into selecting a jury, entertaining court stories and supervised a “mock” jury selection with volunteers from the audience.

Look for the upcoming NLS “How To” programs of How to Handle a Criminal Case in April and How to Handle a Matrimonial Case in May. ■

Speaker Paul J. (PJ) Bottari, Esq., senior partner at Wilson, Elser, Moskowitz, Edelman & Dicker, LLP.

James Ausili, Esq., co-chair of Tax Section; Paul Bercovici, Esq., co-chair of Tax Section; and L. William Fishman, Esq.

IF IT’S SPRING, IT MUST BE TAX SEASONOn February 13, 2007, the members of the Tax Sec-

tion gathered for a CLE entitled: Tax Update 2007. The panel discussion highlighted the tax increase and prevention and reconciliation act, the Pension Protec-tion Act of 2006, and the Tax Relief and Health Care Act of 2006.

The tax section chairs are eager to grow the section and welcome ideas, suggestions and thoughts on pro-grams or meeting proposals. Please contact Jim Ausili at jausili@bpslaw.com or Paul Bercovici at paul@paulbercoviciattorney.com.

The WCBA and the tax section would like to extend a generous thank you to Westlaw as the sponsor of this CLE. ■

22 April 2007

Annual Meeting Continued from page 3

▲ Our sponsors from Benchmark Title Agency: Alan Fine, Roseanne Picone & Melissa Colavito

▲ Our sponsors from Citigroup: Gil Torres, Jonathan De Marco & Jay McGetrick

Westchester County Bar Foundation (WCBF) President P. Daniel Hollis, III presented the WCBF Report, announcing that a significant project to underwrite the expenses for a Pro Bono Fellow has come to fruition. (Ad-ditional information on this Fellowship on p. 7).

Retiring Section and Committee Chairs were thanked by President Seiden and presented with plaques of appreciation.

The WCBA is fortunate to have many longstanding members, including 50 year members: Myer S. Tulkoff, Esq., Lester Berkelhamer, Esq., Hon. Thomas A. Facelle, Esq., Lawrence F. Scinto, Esq., Benjamin Rubenstein, Esq., Frederick J. Martin, Esq., Marvin S. Robinson, Esq., Hon. James B. Reap and Daniel E. Sell, Esq. Judge Seiden recognized each of the 50 year members and regaled the crowd with highlights of the careers of some of these amazing people.

As the last order of business, Judge Seiden presented the Third Annual Raising the Bar Award to Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, LLP for their unwavering commitment to the highest ideals of the legal profession and their outstanding contributions to and support of the Westchester County Bar Association, including numerous past presidents.

John Hufnagel spoke about the values of the firm: the education and ex-pertise of its members and, equally as important, the importance of giving back to the profession and to the community. He said that the culture of the firm is to work as a team, “checking individual egos at the door” and insisting upon the highest levels of civility at all times, among themselves, with clients and adversaries.

The meeting closed with a moment of silence for the members who have passed away during the last year: Edward Blum, Esq., William J. Bolger, Esq., Anthony J. Caputo, Esq., Eli M. Goldberg, Esq., Albert C. Goudvis, Esq., WCBA Past President Hon. J. Radley Herold, David Levitt, Esq., Herbert T. Manna, Esq., Patricia Joan Mrsich, Esq., Seymour Robinowitz, Esq., Hon. Donald N. Silverman, John J. Sweeney, Esq. ■

With Grateful Thanks to Our Sponsors

Westchester County Bar Association Newsletter 23

▲ Susan M. Damplo, Diversity Chair, Managing Editor of the Bar Journal and incoming Board Member & John Zaccaria

Anthony J. Enea, PresidentElect, Thomas H. Welby, Outgoing Treasurer, Bob Giordano

▲ Alan Fine, of Benchmark Title, Denise Ward, Roseanne Picone and Melissa Colavito, of Benchmark Title, and Marc Wachtell

▲ 50 Year Members: Hon. Thomas Facelle with wife Rose Facelle, Margaret Fitzpatrick, wife of honoree Frederick Martin

▲ Jake Renick, Lawrence Reich, Julie Cvek, Secretary of the New Lawyers Section

▲ James Ausili, Tax Section Co-Chair, and Nancy Rudolph

▲ Members of Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, LLP recipients of the 3rd Annual Raising the Bar Award. Standing: Robert Dohn, Richard Gardella, Susan Gibraltar, William Drummond, Peter Zeltner, William Zeltner, Jack Hughes. Seated: Steven Hochhauser, John Hufnagel, Peter Gahagan, Jim Reduto.

Hon. Adam Seiden, WCBA President, and Hon. John L. Alfano

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▲ Jon Dorf, Board Member and Co-Chair of the Law Practice Management Committee, Bill Jawitz & Paul Bercovici, Co-Chair of the Tax Section

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Susan Gibraltar (Co-Chair of Law Practice Continuity Committee) of Bertine Hufnagel

▲ P. Daniel Hollis, III, President of the WCBF, with Peter Zeltner, Vice President of the WCBA

One North Broadway, Suite 512, White Plains, NY 10601

Phone: 914/761-3707 Fax: 914/761-9402

E-Mail: info@wcbany.org

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