Page 1Westchester Women’s Bar Association News

PRESIDENT’SMESSAGE

We all knowthat Thanksgiving isa day that remindsus to count ourblessings. I’ve oftenthought, though,that our true missionis to recognize that“it’s all good.”Creating a privateresume of enumer-ated achievements, successes, andspecial people may remind us thatwe are fortunate, but being thankfulfor everything is the foundation ofhappiness.

“Gratitude unlocks the fullness oflife. It turns what we have intoenough, and more. It turns denialinto acceptance, chaos to order,confusion to clarity. It can turn ameal into a feast, a house into ahome, a stranger into a friend.Gratitude makes sense of ourpast, brings peace for today, andcreates a vision for tomorrow.” ~ Melody Beattie

As President of the WestchesterWomen’s Bar Association, I have metonly visionaries – colleagues andfriends whose checklist includes notjust their needs but the social, eco-nomic, and legal struggles of peopleeverywhere. The WWBA membersare not focused on what they havebut on what others have lost. Restor-ing equilibrium where there had beenpolarization and inequity is the quest.

continued on page 3 ➥

The Westchester Women’s Bar Association is a Chapter of the Women’s Bar Association of the State of New York

he WWBA partici-pated in the “Mak-ing Strides Against

Breast Cancer” walk held onOctober 18, 2015, atManhattanville College inPurchase, New York.

“Team Orbach” wasagain organized and led byAdrienne Orbach, who putstogether a group every yearto walk the three to five mileevent and raise funds forbreast cancer research andawareness. After the crisp,morning walk, Adrienne gra-ciously invited all participantsover to her house for lunch.

Congratulations to TeamOrbach for raising over$10,000 for this very worthycause. ◗

T

WWBAWestchester Women’s Bar Association

WWBANOVEMBER 2015 www.wwbany.org

news

INSIDE THIS ISSUE SAVE THE DATENOVEMBER 2015 Settlers Beware: Loans

Against Pension Accountsand MatrimonialStipulations of Settlement(page 4)

WWBA Holiday Party(page 8)

Litigation Tip: ConstructiveNotice and the Out-of-Possession Landlord(page 9)

ETHICS AND THE PROBONO REPRESENTATION

OF NONPROFITSNovember 12, 2015

Offices of VolunteerNew York!Tarrytown, New York

WWBA RAISES FUNDS FOR BREASTCANCER RESEARCH AND AWARENESS

HUMAN TRAFFICKINGNovember 4, 2015

BNY MellonWhite Plains, New York

Robin D. Carton

Lisa M. Denig

WWBA HOLIDAY PARTYDecember 9, 2015

Woman’s Club of White PlainsWhite Plains, New York

Team Orbach

Marcella Scalise

Westchester Women’s Bar Association NewsPage 2

~ 2015/2016~ 2015/2016~ 2015/2016~ 2015/2016~ 2015/2016 Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~

WWBA Member Newsletter

Editor-in-Chief: Lisa M. Denig • Designed and Printed by IPM Media Group, Inc. (516) 809-0501

NOVEMBER 2015NOVEMBER 2015NOVEMBER 2015NOVEMBER 2015NOVEMBER 2015

Published Monthly by theWestchester Women’s

Bar Association, a Chapter ofthe Women’s Bar Association

of the State of New York

2015-2016 WWBA Committee Chairs

© Copyright 2015 Westchester Women’s Bar Association. All rights reserved.The opinions expressed herein are those of the author(s) only and do not reflect the official position of the Association.

PPPPPresidentresidentresidentresidentresident ROBIN D. CARTONVice PVice PVice PVice PVice Presidentsresidentsresidentsresidentsresidents KIM BERG JOELLE M. BURTON ANN M. McNULTY

TTTTTreasurerreasurerreasurerreasurerreasurer AMANDA C. FRIED RRRRRecording Secretaryecording Secretaryecording Secretaryecording Secretaryecording Secretary JENNIFER N. NETROSIOCorresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding Secretary LISA M. DENIG Immediate PImmediate PImmediate PImmediate PImmediate Past Past Past Past Past Presidentresidentresidentresidentresident LUCIA CHIOCCHIO

Elected DirectorsElected DirectorsElected DirectorsElected DirectorsElected Directors Westchester BoardGAIL M. BOGGIO HELENE COTE AMY E. GEWIRTZ

SHARI R. GORDON DANIEL M. KOLKO

State DirectorsState DirectorsState DirectorsState DirectorsState Directors Women’s Bar Association of the State of New YorkANGELA MORCONE GIANNINI LONYA A. GILBERT THERESA A. GIROLAMO

JACQUELINE HATTAR JAMIESON L. KEISER PATRICIA McCLUSKEY STEPHANIE MELOWSKYJENNIFER N. NETROSIO ADRIENNE J. ORBACH SUSAN MILLS RICHMOND

Executive DirectorExecutive DirectorExecutive DirectorExecutive DirectorExecutive Director SILVIA GALGANO

S T A N D I N G C O M M I T T E E S

A D H O C C O M M I T T E E S

By-Laws .................................................................. Anna L. GeorgiouCorporate & Commercial .......................................... Lisa M. BluesteinCriminal Law ....... Kitley S. Covill, Lisa M. Denig, Hon. Sandra A. ForsterFamilies, Children & the Courts ........... Shari R. Gordon, Joy S. Joseph,

Hon. Irene RatnerGrievance/Ethics ...................... Kitley S. Covill, Hon. Janet M. DiFiore,

Deborah A. ScaliseJudicial Screening ............... Hon. Sandra A. Forster, Loren I. GlassmanJudiciary .......... Hon. Delores Scott Brathwaite, Hon. Linda S. JamiesonLawyering & Parenting ............................................... Joelle M. Burton,

Jana Kosberg-KleidmanLegislation ................................................. Angela Morcone GianinniMatrimonial .................................Dolores Gebhardt, Lonya A. Gilbert

Membership ..................................................... Kim Berg, Helene CoteNetworking ................................... Jennifer L. Gray, Patricia McCluskeyNew Lawyers .................................. Lisa M. Denig, Jennifer N. NetrosioProfessional Development ......... Susan Edwards Colson, Adam J. Krim,

Stephanie MelowskyPrograms .............................. Lucia Chiocchio, Susan Edwards ColsonPublic Relations ............................... Joelle M. Burton, Jennifer L. GrayReal Property ............................ Melanie Finkel, Hon. Sandra A. ForsterSponsorship .................................. Lisa M. Bluestein, Lucia Chiocchio,

Joelle M. BurtonTaxation ....................................................................................... TBDTrusts & Estates ................................... Gail M. Boggio, Anna B. Parker,

Nancy J. Rudolph, Karen J. Walsh

Annual Dinner .......... Robin D. Carton, Lisa M. Denig, Jennifer L. Gray,Stephanie Melowsky, Jennifer N. Netrosio

Annual Dinner Souvenir Journal ............................... Amanda C. FriedAppellate Practice ....................... Lisa M. Denig, Hon. Mark C. Dillon,

Hon. Sondra M. Miller, Hon. Robert A. SpolzinoArchive & Historian ...................................................... Susan L. PolletAwards ............................................. Elizabeth M. Barnhard, Kim BergBankruptcy .................... Susan Mills Richmond, Wendy Marie WeathersBreast Cancer Awareness ......... Patricia McCluskey, Adrienne J. OrbachCollaborative Law ............................ Kathleen Donelli, John J. Grimes,

Lynn J. Maier, Hon. Sondra M. MillerCommunity Outreach ... Deborah A. Scalise, Hon. Lisa Margaret SmithContinuing Legal Education ..................................... Ann M. McNultyDiversity in Membership ............ Jacqueline Hattar, Stephanie MelowskyDomestic Violence ...................... Natanya L. Briendel, Audrey E. StoneEducation Law ........................ Adrienne J. Arkontaky, Julie P. Passman,

Susan Mills RichmondElder & Health Law ....................... Patricia L. Angley, Shari R. Gordon,

Mary E. MorrisseyEmployment Law ....................................... Kim Berg, Hillary RaimondiEnvironmental & Land Use .......... Lucia Chiocchio, Anna L. Georgiou,

Jennifer L. Gray, Katherine ZalantisGender Dynamics ....................................... Hon. Terry Jane Ruderman

Golf & Tennis Outing ........ Gail M. Boggio, Theresa O’Rourke Nugent,Susan Mills Richmond

Holiday Party and Boutique ...... Dolores Gebhardt, Jennifer N. NetrosioInsurance ...................................................................... Dawn WarrenIntellectual Property ............... Elizabeth M. Barnhard, Donna E. Frosco,

Theresa O’Rourke NugentJudgment Enforcement & Collections ............... Christopher T. Bonante,

Daniel F. Florio, Jr.Litigation ....................... Angela Morcone Giannini, Jacqueline Hattar

Kimberly SheehanLong Range Planning ............... Lisa M. Bluestein, Carla D. Glassman,

Linda Markowitz, Ann M. McNultyMediation ................................. Geri S. Krauss, Hon. Sondra M. Miller,

Lauren S. Morrissey, Abby Rosmarin, Jane SilvermanNetwork of Bar Leaders .............................................. Donna E. FroscoPace Board of Visitors ....................... Gail M. Boggio, Lonya A. GilbertPast Presidents ............ Jane Bilus Gould, Mary F. Kelly, Linda MarkowitzPractice Management ......... Jamieson L. Keiser, Wendy Marie WeathersPro Bono .................................................. Marcia Levy, Marian GenioTechnology/Website .......... Donna E. Frosco, Theresa O’Rourke NugentWCA Board Delegate .............................................. Anthony MorandoWWBA Foundation President ........................................ Julie S. KattanWWBA Representative Director to the WCBA Board .. Dolores Gebhardt

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Page 3Westchester Women’s Bar Association News

Editor’s Notefrom page 1President’s Message ○

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Making Dates and Getting Published

A d v e r t i s i n g R a t e s

Deadline for all ads is the 12th of the month prior to publication. Ads are subject to space limitations.Call Lisa M. Denig at (914) 995-3485 for any questions regarding advertising.

Full Page Display Ad5-10 Issues - $525.00 per issue1-4 Issues - $575.00 per issue

Half Page Display Ad5-10 Issues - $275.00 per issue1-4 Issues - $300.00 per issue

Quarter Page Display Ad5-10 Issues - $165.00 per issue1-4 Issues - $180.00 per issue

Business Card Ad5-10 Issues - $60.00 per issue1-4 Issues - $75.00 per issue

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Classified – office space, furniture/equipment, employment & situation wanted (up to 5 lines)Members - $50.00 first issue; $25.00 each succeeding issue; Non-Members - $75.00 per issue

Back Cover (3/4 page)5-10 Issues - $650.00 per issue; 1-4 Issues - $700.00 per issue

Initiating and supporting intelligent leg-islation, educating other legal profes-sionals about best practices, and shar-ing triumphs and disappointments withcompassionate colleagues are the tools.

In October 2015, our WestchesterWomen’s Bar Association showed thatwe care about sexual assault on col-lege campuses, domestic violence andgender discrimination in housing andemployment, eradicating breast cancer,and the health and safety of our seniors.We also educated the legal communityabout the new spousal maintenanceguidelines, getting documentary andelectronic materials into evidence, char-ter schools, the probate petition, andthe mobile broadband infrastructure inyour community. November will bringthe same exciting opportunities to learn,to share, and to grow.

But, whether we’re dodgingwitches’ Halloween curses in Octoberor reciting our abundant Thanksgivingblessings in November, the WWBAthanks YOU for your invaluable con-tributions to this wonderful life. Enjoyyour family, your friends, your col-leagues, and your work. Take it fromBob Dylan – “You know what I’m sayin’,it’s all good.” ◗

~ H.U. Westermayer

“The Pilgrims made seven times more graves than huts. No Americans haveever been more impoverished than these who, nevertheless, set aside a day ofthanksgiving.”

“. . . [W]hether we’redodging witches’

Halloween curses inOctober or reciting

our abundantThanksgivingblessings in

November, theWWBA thanks YOUfor your invaluable

contributions to thiswonderful life.”

NEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONS❑ Deadline for newsletter submissions is the 12th of the month prior to publication (submissionsreceived after the deadline are subject to the discretion of the editor).

❑ Send submissions as email attachments to Lisa M. Denig at ldenig@westchesterda.net.

❑ Articles should be 1,000 words or fewer. Remove all pagination, headers, footers or otherformatting, other than bold, underline or italics. Authors are encouraged to submit photo-graphs for publication with their submissions and include a short biographical statement withtheir submissions.

❑ Materials submitted allow the WWBA a limited copyright and full permission to reprint thematerial in any WWBA publication or on its website without additional consent.

❑ Photographs must be high-resolution (150 dpi or more) and the subject and all persons ineach photograph must be fully identified.

PROGRAM SCHEDULINGPROGRAM SCHEDULINGPROGRAM SCHEDULINGPROGRAM SCHEDULINGPROGRAM SCHEDULING❑ First visit the WWBA website: www.wwbany.org and click on the calendar at the home page toview scheduled programs. Conflicts in scheduling will be assessed on a case by case basis, withpriority for early submissions.

❑ Contact Lisa M. Denig to schedule a WWBA sponsored or co-sponsored program, includingcommittee meetings, CLE programs, etc.

❑ Once you have reserved the date with Lisa M. Denig, proceed with planning your programand creating your flyer.

❑ Flyers must be approved by the Programs Committee. In advance of the 12th of the month,please send your flyer to the Program Committee Co-chairs for review and copy the ExecutiveDirector. Once approved, please send your final flyer to the Executive Director, Lisa M. Denigand the President for publication on the website calendar and the newsletter calendar. The finalflyer will also be emailed to the membership.

❑ We will also consider publicizing programs from outside organizations that may be of interestto our members.

❑ Post-event: You may report on the success of your program and provide photographs of thespeakers and participants that can be included in an upcoming newsletter. Send your submis-sion to Lisa M. Denig, following the guidelines above.

ContactsContactsContactsContactsContactsLisa M. Denig, Corresponding Secretary and Newsletter Editor-in-Chief: ldenig@westchesterda.net

Susan Edwards Colson, Programs Committee Co-Chair: edwardscolsonlaw@gmail.comLucia Chiocchio, Programs Committee Co-Chair: lchiocchio@cuddyfeder.com

Robin D. Carton, President: president@wwbany.orgAnn M. McNulty, CLE Chair: ann.m.mcnulty@morganstanley.comSilvia Galgano, Executive Director: executivedirector@wwbany.org

Westchester Women’s Bar Association NewsPage 4

Settlers Beware: Loans Against Pension Accountsand Matrimonial Stipulations of Settlement

Matrimonial practitionersshould be aware of the recent2015 opinion of the AppellateDivision, Second Department,in the case of Kraus v. Kraus,131 AD3d 94. The Kraus casesuggests that practitioners plac-ing stipulations of matrimonialsettlements on the record inopen court or in separate writ-ings should address an issuethat typically is not included inthe litany of details addressedby attorneys at those times;namely, whether a spouse witha pension subject to a divisionunder Majauskas has the rightto encumber the corpus of thepension prior to retirement in amanner that reduces the ulti-mate payout to both spouses.

Kraus is a case from Or-ange County involving a hus-band who was a New York Cityfirefighter and a wife who wasa nurse. Both spouses were stillworking at the time they settledtheir divorce action in 1995,and both had pensions thatwere to be distributed upontheir eventual retirements pur-suant to the Majauskas for-mula. After the Judgment ofDivorce was executed, the hus-band submitted a proposedQDRO for the distribution of thewife’s pension, but for reasonsunknown, the wife never sub-mitted a QDRO to effect thedistribution of the ex-husband’spension. The ex-husband re-married and eventually retiredfrom the Fire Department in2008, though the ex-wife didnot become aware of his retire-ment until 2012. Between 2008and 2012, the ex-wife was notpaid any portion of her ex-husband’s pension benefitsbecause no QDRO had everbeen executed to effect the pay-

Hon. Mark C. Dillon ment of her Majauskas shareof the monthly proceeds. In-stead, the ex-husband received100% of the pension payments,which were less than their maxi-mum potential amount due to1) his election of a survivorshipright for his second wife, and2) a loan taken against theprinciple of the pension ac-count prior to retirement whichwas to be paid back throughreduced monthly payments.

When the ex-wife finallylearned that her ex-husbandhad retired more than four yearsearlier, her new counsel sub-mitted a proposed QDRO withnotice of settlement containinga provision for the payment of$66,157.02 of pension arrearsdue to her between the years2008 and 2012. The specificamount of arrears was calcu-lated against the maximumpension payments that wouldhave been made to the ex-wifehad there not been survivorshipand loan reductions. The hus-band not only opposed the pro-posed QDRO, but submitted across-QDRO with notice ofsettlement directing the paymentonly of the ex-wife’s Majauskasshare of the actual retirementpayments reflecting its survivor-ship and loan-related reduc-tions, and without any retroac-tive award for any money thatshould have been paid to herbetween 2008 and 2012. TheSupreme Court, OrangeCounty, executed the ex-husband’s proposed QDROand, in effect, denied the ex-wife’s pension calculations,prompting the appeal to theAppellate Division.

Readers here will readilyagree that it was unwise for theex-wife to not submit a pro-posed QDRO in a more timely

manner, and that her failure todo so prevented the triggeringof payments to her upon the ex-husband’s retirement from theFire Department. That said,Uniform Rule 202.48 does notrequire that QDROs, which arepurely administrative in nature,be submitted to courts for ex-ecution within any specifieddeadline (see Denaro v.Denaro, 84 AD3d 1148, 1149;Lawton v. Lawton, 239 AD2d866), and the six year statuteof limitations for recoupment ofthe wife’s unpaid pension ben-efits had not yet expired for anymissed payments to her (seeBayan v. Bayan, 81 AD3d 856,866; Boylan v. Dodge, 42AD3d 632; Peek v. Peek, 301AD3d 201).

The jeopardy faced by theex-wife in this instance camefrom the well-worn legal prin-ciple that matrimonial rightsfrom a stipulated settlement donot exist unless they are set forthin the agreed-upon languageof the stipulation itself (seeMcCoy v. Feinman, 99 NY2d295, 304). Here, the stipula-tion merely provided that theparties’ pensions would be cal-culated based on their valuesat the time of their retirements.There was no provision in theparties’ stipulation of settlementthat prohibited the ex-husbandfrom taking a loan against theprinciple of his retirement ac-count or from providing for

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continued on page 5 ➥

Page 5Westchester Women’s Bar Association News

from previous page ○

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Settlers Beware: Loans Against Pension Accountsand Matrimonial Stipulations of Settlementpension survivorship rights toany future spouse. Indeed, theex-husband’s counsel arguedthat the courts were prohibitedfrom reading into the stipula-tion terms or restrictions that didnot exist and to which the par-ties had never agreed.

On appeal, the AppellateDivision modified the QDRO tothe extent of awarding the ex-wife pension payments retroac-tive to the ex-husband’s retire-ment, based upon the ex-wife’sclear entitlement to herMajauskas share of the pen-sion that was to be paid fromthat time forward. In determin-ing the proper calculation of theaward, the Appellate Divisiondrew a distinction between pay-ment reductions caused by theex-husband’s remarriage andelection of survivorship benefits

to the second wife on the onehand, and the payment reduc-tions occasioned by the ex-husband’s loans from his pen-sion account on the other.

As to the remarriage andsurvivorship benefits, the Sec-ond Department noted thatmany post-judgment events af-fect the size of pension benefitspayable to the titled and non-titled spouse, such as an earlyretirement that reduces monthlybenefits, a late retirement thatincreases monthly benefits, eco-

nomically-driven wage fluctua-tions that impact pension con-tributions and eventual pay-ments, and as relevant here, theremarriage of the titled spousecoupled with a designation ofa survivorship right for the newspouse that reduce the monthlypayouts (see Kraus v. Kraus,131 AD3d 94, 106, citingOlivo v. Olivo, 82 NY2d 202;Unser v. Fox, 83 AD3d 1429;Lemesis v. Lemesis, 38 AD3d1331). These events occur fre-quently in the normal course,

and proportionally affect boththe titled and the non-titledspouse. Accordingly, the ex-wife was not entitled to receiveher Majauskas share of thepension calculated against thehigher amount it would havebeen had the ex-husband notremarried and conferred uponthe new wife a right of survi-vorship.

However, a different analy-sis controlled the issue of theloan that the ex-husband hadtaken against the principle ofhis pension account. The Sec-ond Department noted that thehusband received 100% of thebenefit of the loan, but wascausing his ex-wife to contrib-ute to its repayment throughreduced benefits to both thetitled and non-titled spouse. Inother words, whereas the sur-

“ . . . Uniform Rule 202.48 does notrequire that QDROs, which are

purely administrative in nature, besubmitted to courts for executionwithin any specified deadline . . . ”

continued on page 6 ➥

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Westchester Women’s Bar Association NewsPage 6

BASHIAN & FARBER, LLP

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WE PROVIDE PERSONALIZED AND SOPHISTICATED LEGAL

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vivorship issue resulted in re-duced benefits that mutuallyaffected both ex-spouses to theextent of their Majauskas divi-sion, the same could not besaid of the loan where the ex-husband was the sole benefi-ciary of the loan proceeds thatreduced pension payments toboth spouses (see Kraus v.Kraus, 131 AD3d 107). TheAppellate Division thereforemodified the QDRO to providefor the wife her Majauskas

share of the ex-husband’s pen-sion measured against theamount it would have been hadthe ex-husband never taken aloan against the account’s pro-ceeds (see Kraus v. Kraus, 131AD3d 107). Any contrary re-sult might otherwise encouragetitled spouses to raid retirementfunds in the belief that the non-titled spouse would be requiredto later contribute to its repay-ment.

The lessons to be drawn bythe matrimonial bar are two-

“ . . . [P]arties should not delaysubmitting proposed QDROs to

courts with notice of settlement,as no good will ever come from

undue tardiness.”

from previous page

Settlers Beware: Loans Against Pension Accountsand Matrimonial Stipulations of Settlement

Mark C. Dillon is a Justice of theAppellate Division, SecondDepartment, and is an AdjunctProfessor of New York Practice atFordham University School of Law.

fold, one obvious and one lessso. First, parties should notdelay submitting proposedQDROs to courts with noticeof settlement, as no good willever come from undue tardi-ness. Second, and moretellingly, matrimonial attorneysshould consider including lan-guage in their standard settle-ment scripts that the titledspouse either not be permittedto draw loan proceeds from thepension account that wouldhave the effect of reducingmonthly payments to bothspouses, or alternatively, that ifthere is any such permitted re-duction of principle, the non-titled spouse’s Majauskas shareshould be calculated againstthe principle that would haveexisted had no loan been takenagainst it. Stipulations of settle-ment that address these even-

tualities insulate parties fromthe uncertainty that occurswhen pension payments arereduced by loans takenagainst principle, and particu-larly protect the spouse thatwould be most harmed by it. ◗

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Page 7Westchester Women’s Bar Association News

An Interview with Hon. Anne E. Minihan, A.J.C.C.

Q: Please tell us about yourlegal career, and what ledyou on the path to the judi-ciary?A: From 1992 until 1999, Iwas an Assistant District At-torney in Westchester County.In 2006, when my childrenwere in school full time, I re-turned to work part time andbecame, as part of a jobshare, the Principal Court At-torney to the Hon. Robert A.Spolzino, J.S.C., when he wasan Associate Justice of theAppellate Division, SecondDepartment. After that, Iworked (again, part time) forthe Westchester County LawDepartment until 2010 whenI took a full time position withthe Hon. J. Emmett Murphy,J.S.C. as his Principal CourtAttorney. I was the Acting Vil-lage Justice for the Village ofCroton-on-Hudson JusticeCourt until I was elected in2014.

Q: What are your biggestchallenges as a Judge?A: I am very fortunate to havethe assistance of experienced,resourceful and dedicatedpeople both in chambers andin the courtroom, but there isa tremendous amount ofwork that must be done inadjudicating cases quickly,fairly and efficiently. It is im-portant to me that the publicand the members of the barwho come to my courtroombelieve that they have mean-ingful access to our courtsand that cases are handledexpediently and justly. Liti-gants, family members, defen-dants, spectators, and attor-neys are often frustrated thatthe court is not in session until

Q: What would you like toachieve, both personally, andprofessionally, in the comingyears?A: Personally, I will be happy tousher my children into andthrough college. By next year,I will be essentially an emptynester – one will be in collegeand the other will be a highschool junior at boardingschool. I’m assuming that hav-ing them both away will be anadjustment as much for myhusband and me as it will befor them. I’m not thinking toofar ahead professionally. It hastaken a long time to get here.I’ll be happy and satisfied withthat for a while.

Q: What community activitiesare you involved with?A: I am a Girl Scout leader ofa troop of girls in their senioryear of high school, many ofwhom are in the final stages oftheir Gold Award projects. Iam also a guest lecturer at aCriminal Law class at CrotonHarmon High School. I’m look-ing forward to resuming workat the Cortlandt EmergencyFood Bank - I took a break lastyear while I was campaigning,but I enjoy volunteering thereas well.

Q: What challenges lie aheadfor women in the legal profes-

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Susan L. PolletChair of the Archive andHistorian Committee

9:30 a.m., that it adjourns foran hour and a half at 12:30p.m., and that it closes at 4:30p.m. It is difficult to meet theirexpectations within these con-straints.

Q: Why are you a member ofthe Westchester Women’s BarAssociation, and what oppor-tunities has it afforded you?A: Now that my children areolder and my family commit-ments are no longer what theyonce were, I find that I can par-take in and appreciate the di-versity of the WWBA programs,be part of a professional sup-port system, and enjoy themeaningful efforts of the WWBAto reach out to the communityand beyond.

Q: What would you like to seethe Westchester Women’s BarAssociation achieve in the fu-ture?A: I would like to see theWWBA continue the work ofmentoring new attorneys andproviding support to attorney-parents. Many, if not mostWWBA members are attorney-mothers, so this support is par-ticularly helpful, not only as theyreturn to work, but also duringthe years after that initial return,when it is necessary to dividetime between the practice of lawand the raising of their fami-lies.

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Hon. Anne E. Minihan, A.J.C.C.

sion, and what advice wouldyou give to women in law?A: A persistent challenge forwomen in the legal profes-sion is that, despite all of theprogress that has been madeup to this point, women haveyet to rise to leadership rolesin the legal field in propor-tion to their numbers. Whileit’s wonderful to see real di-versity in the law schools andin the associates at smalland large law firms, as thesestudents graduate and thelegal careers of the associ-ates advance, that diversityshould be reflected at thepartnership level as well. Itshould also be apparentamong the judges we electand who are appointed onour behalf. Without a benchthat truly reflects the demo-graphic it serves, there willnecessarily be a disconnectin the administration andperception of justice.

I would encouragewomen who are in the legalprofession to be responsive totheir own work-life balance asit changes over the course ofa lifetime and to be sensitiveto the needs of their col-leagues as they readjust thatbalance in their own lives. ◗

“It is important to me that thepublic and the members ofthe bar who come to my

courtroom believe that they havemeaningful access to our courts

and that cases are handledexpediently and justly.”

Westchester Women’s Bar Association NewsPage 8

HOLIDAY PARTY

THE WOMAN’S CLUB OF WHITE PLAINS GRAND BALLROOM

305 Ridgeway White Plains, New York

December 9, 2015 5:30 p.m. – 7:30 p.m.

* VISIT OUR HOLIDAY SHOPPING BOUTIQUE TO BE HELD DURING THE PARTY! *

(Weather cancellation information will be announced by 4:00 PM on the day

of the event, via recorded message on WWBA phone line at 347-3662.)

$20 per person* (payable at the door) *no charge for sitting Judges

Please consider making a tax deductible donation to the Westchester Women’s Bar Association Foundation, Inc.

GIVING BACK:

Please bring a new, inexpensive and unwrapped gift to be donated to an underserved teenager, and/or

non-perishable boxed and canned foods to feed the hungry. Thank you!

Gift boxes will be located near the sign-in table to

collect your contributions.

WESTCHESTER WOMEN’S BAR ASSOCIATION

cordially invites its Membership and Guests

to our

Page 9Westchester Women’s Bar Association News

November Litigation Tip

In Yehia v. Marphil Realty Corp., 130 AD3d 615 (2d Dept 2015), a tenant sued his landlordfor injuries suffered in a fire on the premises claiming the landlord was negligent in theownership and maintenance of the premises and was in violation of fire and occupancylaws. The landlord claimed he was an out-of-possession landlord and that he did not havenotice of any of the alleged defective or dangerous conditions; and so he moved forsummary judgment. A landowner owes a duty of care to maintain his/her property in areasonably safe condition (Gronski v County of Monroe, 18 NY3d 374 [2011]). The duty ispremised on the landowner’s control over the property which puts him/her in the bestposition to identify dangerous conditions and prevent harm to others. However, wherethe out-of-possession landowner retains the right to reenter the premises to perform repairsor is obligated by statute to perform maintenance and repairs, the landowner has notrelinquished complete control and may be found liable. In Yehia, the Appellate Courtfocused on the language in the lease which permitted the landlord “to reenter the premisesat all times during the day during normal business hours” in order to inspect the premisesand “to enter the premises to make repairs and improvements to all parts of the building.”Based on the lease provisions, the Court found that the landlord had not relinquishedcomplete control. In addition, the Court held that the defendant landlord failed to estab-lish that he could not be charged with constructive notice of regulatory violations allegedby the plaintiff. The Appellate Court affirmed the lower Court’s denial of summaryjudgment since the defendant failed to sustain its initial burden of demonstrating entitle-ment to judgment as a matter of law. The Appellate Court did not review the sufficiencyof plaintiff ’s opposing papers since defendant movant failed to meet its burden of proofon the motion.

✦✦✦✦✦ CONSTRUCTIVE NOTICE AND THE OUT-OF-POSSESSION LANDLORD

Written by Angela Morcone Giannini, Co-Chair, Litigation CommitteeOther Co-Chairs: Jacqueline Hattar & Kimberly Sheehan

WWBA Membership includes membership to the Women’s Bar Association of the State of New York (WBASNY).

Renew now and help us keep our strong voice with WBASNY.Renew now and help us keep our strong voice with WBASNY.Renew now and help us keep our strong voice with WBASNY.Renew now and help us keep our strong voice with WBASNY.Renew now and help us keep our strong voice with WBASNY. Our closing date is fast approaching forus to certify our membership to WBASNY and assure we keep all of our delegates.

Renewing now will not only allow our Westchester Chapter (WWBA) to continue to be a strong presencein our statewide organization (WBASNY), but it will give you the opportunity to immediately enjoy the WWBA’s

many benefits, networking events, newsletter and fabulous CLE programs.

If you have any questions or need any assistance in renewing please contact our WWBA Membership CommitteeCo-chairs: Kim Berg, Esq. at kberg@gouldberglaw.com and Helene Cote at helenecotemartin@gmail.com or Silvia Galgano at executivedirector@wwbany.org

Renew Your Annual WWBA Membership for theJune 1, 2015 to May 31, 2016 Fiscal Year

❚ ❚ ❚

Westchester Women’s Bar Association NewsPage 10

Chapter News and Announcements

Announcements & Notes on Members❑ Congratulations to WWBA Member and Co-Chair of the Pro Bono Committee, MarciaMarciaMarciaMarciaMarciaLLLLLevyevyevyevyevy, who was named as one of the “Lawyers Who Lead” in the October 14, 2015,edition of the New York Law Journal. Marcia Levy is the Executive Director of the ProBono Partnership, a tri-state group that recruits volunteer attorneys to help non-profitorganizations. Levy was recognized for her lifelong dedication to helping others throughthe legal system, whether it was representing prison-ers infected with AIDs who were being denied medi-cal treatment or fighting for a defendant who re-fused to testify against her colleagues who were pro-viding sanctuary for refugees fleeing the wars inCentral America. Marcia Levy joined the Pro BonoPartnership in 2014.

❑ PPPPPatricia Angleyatricia Angleyatricia Angleyatricia Angleyatricia Angley, Esq., Esq., Esq., Esq., Esq. received a HealthcareManagement certificate in Public Health fromFordham University. She received the certificate fromour own Mary Beth Morrissey, PhD, MPH, JD, andFaculty Director of the Health Care ManagementCertificate Program in Public Health, Palliative Careand Long Term Care at Fordham. ◗

Become a NewMember Today

The advantages of joining the

Westchester Women’s Bar Association are

countless. We were founded in 1974, and

we are dedicated to promoting justice in the

study, practice and application of law. Our

diverse membership includes women and

men who are attorneys, judges, law profes-

sors, public officials and public employees.

When you join the Westchester

Women’s Bar Association, you automati-

cally become a member of the Women’s

Bar Association of the State of New York

(WBASNY), at no additional cost. WBASNY

is comprised of eighteen chapters across

the state with more than 4,000 members.

More professional and personal benefits

include:

Invaluable networking opportunities

Unlimited information resources

CLE programs

Seminars and lectures ontimely legal issues

Attorney support systems

Legal advocacy on significant issues

Participation in various anddiverse committees

Involvement in the WestchesterCounty judicial process

Programs for new members andnewly admitted attorneys

Membership directorycross-referenced by practice area

Information on professional opportunities

Friendship and fun

To join immediately or for moreinformation, e-mail

executivedirector@wwbany.org, or visitour website at www.wwbany.org. ◆

Classifieds❑ Tyre and DeThomas, P.C., is a well-established, Westchester County generalpractice law firm, concentrating in the areas of matrimonial and family law, realestate, and wills, trusts and estates. Seeking experienced legal secretary/parale-gal with superior communication and phone skills, and knowledge of Word,Timeslips, and Quickbooks, for P/T front desk position. Please send resume andcover letter with salary requirements to: info@ryelaw.com. ◗

President Robin D. Carton puts forth the following slate of candidates for the2015-2016 Committee on Nominations, who shall be elected for a term of one year atthe January meeting:

LISA M. BLUESTEINLISA M. BLUESTEINLISA M. BLUESTEINLISA M. BLUESTEINLISA M. BLUESTEIN

LUCIA CHIOCCHIOLUCIA CHIOCCHIOLUCIA CHIOCCHIOLUCIA CHIOCCHIOLUCIA CHIOCCHIO

LISA M. DENIGLISA M. DENIGLISA M. DENIGLISA M. DENIGLISA M. DENIG

DOLORES GEBHARDTDOLORES GEBHARDTDOLORES GEBHARDTDOLORES GEBHARDTDOLORES GEBHARDT

LLLLLONYONYONYONYONYA A. GILBERA A. GILBERA A. GILBERA A. GILBERA A. GILBERTTTTT

JENNIFER NETROSIOJENNIFER NETROSIOJENNIFER NETROSIOJENNIFER NETROSIOJENNIFER NETROSIO

DEBORAH SCALISEDEBORAH SCALISEDEBORAH SCALISEDEBORAH SCALISEDEBORAH SCALISE

Please be advised that any member wishing to nominate someone to the WWBACommittee on Nominations, must do so by written proposal of such candidates on orbefore December 31, 2015, to WWBA Corresponding Secretary, Lisa M. Denig atldenig@westchesterda.net with a copy to the WWBA Executive Director atexecutivedirector@wwwbany.org.

A vote to elect the Committee on Nominations will take place at the January 7,2016 General Membership Meeting. ◗

Nominations Committee Announcement

Patricia Angley andMary Beth Morrissey

Page 11Westchester Women’s Bar Association News

The Westchester Women’s Bar Association proudly welcomes our newest members:

Westchester Women’s Bar Association New Members

Due to the commitment ofCounty Executive RobertAstorino, these services includequality, coordinated services forvictims of domestic violence,sexual assault, and elderabuse. Westchester’s commit-ment to assisting these oftenunderserved and vulnerableresidents is evident in both thepublic and non-profit sectorsthroughout the county.

Westchester is the onlycounty within New York Stateto have an Office for Women(OFW). This office was createdto serve the singular-and-var-ied-needs of women and theirfamilies throughout the region.The office has two bilingualDomestic Violence advocates,

The Office for Women and Family Justice Center

one at the OFW White PlainsOffice on East Post Road andone located in the Yonkerscourthouse. A third advocateserves as a liaison among all43 local police departmentsand assists law enforcementinvolved in domestic violencecases. In addition to provid-ing domestic violence andsexual assault services, theOFW, along with PaceWomen’s Justice Center, wasrecently awarded a grant todevelop a coordinated com-munity response to address theissue of abuse in later life. Wecan be reached by phone at(914) 995-5972 / Spanish line(914) 995-6581 in WhitePlains; and in Yonkers at

(914) 231-2882.The Westchester County

Family Justice Center (FJC),located within the White PlainsCourthouse, provides an ar-ray of free and confidentialservices to all victims of do-mestic violence, sexual assault,dating violence, stalking andelder abuse. These free ser-vices include safety planning,advocacy, counseling for vic-tims and their children, courtaccompaniment, assistancewith obtaining orders of pro-tection, custody and support,as well as assistance obtain-ing shelter. The FJC boastson-site domestic violence ad-vocates from three Westchesteragencies, as well as two para-

“The Westchester County Family JusticeCenter . . . provides an array of free

and confidential services to all victims ofdomestic violence, sexual assault, dating

violence, stalking and elder abuse.“

Robin Schlaff

For those of us who live and work inWestchester, we are fortunate to havequick and easy access to a multitude oftop-notch services.

legals, a family law attorneyand an immigration attorney.The FJC is one of more than100 similar agencies locatedaround the world; a model thatbrings all needed services un-der one roof, with 14 MOUpartners and many other re-ferral agencies. The FJC is lo-cated on the first floor of theWhite Plains Family Court andcan be reached at (914) 995-3100.

The following website,www.women.westchestergov.com/is a helpful resource for con-tact information, publications,calendar of events, and linksto shelter and legal services,sexual assault services andother referrals. ◗

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TO PROTECT THE PRIVACY OF OUR MEMBERS,THIS INFORMATION IS AVAILABLE TO MEMBERS OF THE WWBA ONLY.

REMEMBER, YOU CAN FIND THE WBASNY WEB PAGEAT WWW.WBASNY.ORG.

PLEASE REMEMBER TO RECYCLE

Connectwithus

WWBA Schedule of Upcoming EventsCOMMITTEE DATE/TIME PLACE TOPIC RSVP (also online at www.wwbany.org)

THE WWBA MEMBERSHIP PERIOD FORTHE WWBA MEMBERSHIP PERIOD FORTHE WWBA MEMBERSHIP PERIOD FORTHE WWBA MEMBERSHIP PERIOD FORTHE WWBA MEMBERSHIP PERIOD FOR2015-2016 BEGAN ON JUNE 1, 2015.2015-2016 BEGAN ON JUNE 1, 2015.2015-2016 BEGAN ON JUNE 1, 2015.2015-2016 BEGAN ON JUNE 1, 2015.2015-2016 BEGAN ON JUNE 1, 2015.

PLEASE RENEW YPLEASE RENEW YPLEASE RENEW YPLEASE RENEW YPLEASE RENEW YOUR MEMBERSHIP TOUR MEMBERSHIP TOUR MEMBERSHIP TOUR MEMBERSHIP TOUR MEMBERSHIP TODODODODODAAAAAY AY AY AY AY ATTTTTWWWWWWWWWWWWWWW.WWBANY.WWBANY.WWBANY.WWBANY.WWBANY.ORG.ORG.ORG.ORG.ORG

Unless otherwise indicated, events are for WWBA members and invited guests only.The opinions expressed by any program presenter are the presenter’s own, and do not reflect

the official position of the WWBA.

WWBA is a chapter of WBASNY, which is an approved provider of CLE credit. Full and partial scholarships for CLE programs basedon financial need are available. For information on the guidelines and procedures for applying, please contact the person running

the program. All requests are strictly confidential. All programs are for transitional credit unless the program states otherwise.

Board of Directors Meeting and General Membership Meeting

11/4/15 5:30-6:00 pm Executive Board Meeting 6:00-8:00 pm General Membership Meeting

BNY Mellon 701 Westchester Ave. White Plains, New York

Human Trafficking Register online at www.wwbany.org or email executivedirector@wwbany.org

Professional Development Committee

11/12/15 6:00-8:00 pm

Offices of VolunteerNewYork! 220 White Plains Road, 2nd Fl. Tarrytown, New York

Ethics and the Pro Bono Representation of Nonprofits

Register online at www.wwbany.org or email susan@edwardscolson.law

WWBA 12/9/15 5:30-7:30 pm

Women’s Club of White Plains, Grand Ballroom 305 Ridgeway White Plains, New York

Holiday Party $20 per person, payable at the door