Suffolk Lawyer, November, 2023

Vol. 39, No.7 Vol. 38, November No.3 April 2023 2022 DEDICATED TO LEGAL EXCELLENCE SINCE 1908

www.scba.org

President’s Message

T

his month the Suffolk County Bar Association pays tribute to be unbiased in all areas and at all times, an attribute which goes our judiciary having celebrated Judiciary Night this past against human nature and an attribute they must live up to even as early as their initial campaign. Judges must then train themWednesday, November 1st. This well attended and selves to set aside any natural bias they may hold. Adspirited evening celebrated the jurists of Suffolk County ditionally, the flashlight of ridicule is much brighter and, in particular, the long and celebrated tenures on a sitting judge than it ever is upon a practicing of Hon. Paul J. Baisley, Jr. and Hon. Elizabeth lawyer. If a lawyer steps out of line in a courtHazlitt Emerson. room, he or she will usually argue that the conFrom the time an attorney can remember, a duct is part of his or her representation of the judge was someone to look up to, to trust and client or part of his or her style. In comparison, to emulate. Through the hard work, dedicajudges face far more scrutiny and may have to tion, and the maintaining of virtues formed and answer to more governing bodies than a then found in a judge, a lawyer can only hope lawyer for even innocent conduct which would to reach that level of our profession. Lawyers, go un-noticed on a practicing attorney. Judges on the other hand , need to be mindful of who are also forced to develop their own protocol on they are appearing in front of and, in chameleonhow to now address and deal with associates, coltype fashion, proceed, act and argue accordingly. leagues, fellow judges and even friends while sadIn thirty-four years of my personal practice and exdling the burden of this new role. These sacrifices and perience in this regard, what began as appearing in constraints which are taken on without complaint and front of judges who at times could be intimidating to a President accepted by our judges gleams of signs of a jurist’ exyoung lawyer, jurists today have become close colCornell V. Bouse treme dedication to the bench and should be apprecileagues, mentors, friends and people I can count on, especially today in my role as the top officer of the bar association. ated by all lawyers as we continue our practice and rely on our To some on-lookers, judges may appear to have an easy position judges to be unflawed in nature and to continue to work tirelessly without much stress nor much accountability while in reality nothing in dispensing justice.

We are privileged today to have sitting on the bench in Suffolk could be further from the truth. Judges today, through the internet, must endure on occasion unwarranted and often anonymous criti- County many of the finest jurists to ever sit in New York State. Sufcism or attacks which remain out there on the web permanently and folk County jurists, in general, make it a point to not only serve atusually only because a simple internet avenue now exists for the torneys and the public but to serve the Suffolk County Bar Association itself in the lending their time, advice, experience and placing yet without a similar avenue for statements in defense.

Unlike lawyers, who merely have to make arguments on behalf resources. I would like to take this opportunity to personally thank of their clients, judges must make decisions, many serious in nature each of them for their dedication to our bar association and, addiand some of which affect people’s lives permanently. The weight of tionally, to thank them on behalf of my fellow bar officers, directors these decisions can stay with a judge long after his or her tenure is and the entire membership of the Suffolk County Bar Association. over. Additionally, judges must give up, in many cases, years of valuable good-will established in varied forms of a prior practice as “May the Almighty grant that the cause of truth, justice an attorney to sit as a judge with the guarantee of a judgeship only and humanity shall in no wise suffer at my hands.”

- Abraham Lincoln for the length of the current term. Judges are further expected to

PARALEGAL MEET & GREET Nov 15th at 5:30 PM in the Great Hall

HOLIDAY PARTY

ROBING CEREMONY

MEET THE PUBLIC ADMINISTRATOR

December 15th at 4 PM at the SCBA in the Great Hall

Jan 2nd at 9 AM at the Touro Law Center

January 10th at 6:00 PM in the Great Hall

FRANK MACKAY

INSIDE SCOOP Recycle for Education............................. page 7 Real Estate Development...................... page 17 The Veterans Treatment Court.............. page 12 Family Feud......................................... page 20

Special Section: MILITARY & VETERANS AFFAIRS

• Trusts and Estates • Wills and Probate • Medicaid Applications • Estate Tax Planning

Free office or virtual consulation • 631-824-8000 x117 1 Huntington Quadrangle Melville

425 New York Avenue Huntington

1377 Motor Parkway Islandia

OUR

Suffolk County Bar Association 560 Wheeler Road • Hauppauge, NY 11788-4357 Phone (631) 234-5511 • Fax (631) 234-5899 E-mail: scba@scba.org

“The purposes and objects for which the Association is established shall be cultivating the science of jurisprudence, promoting reforms in the law, facilitating the administration of justice, elevating the standard of integrity, honor and courtesy in the legal profession and cherishing the spirit of the members”

Write for The Suffolk Lawyer Did you ever wonder how you could get involved in your bar association’s monthly newspaper? Do you have a great idea for an article or believe your colleagues would benefit from information you’ve recently learned? Or do you just enjoy writing? You too can write for The Suffolk Lawyer. Writing for the paper is open to all members and doing so is encouraged. The Suffolk Lawyer is a reflection of the fine members that belong to the Suffolk County Bar Association. Why not get involved? For additional information please contact Cynthia Doerler at cynthia@scba.org, 631-234-5511 ext.231.

Thank You Special Editors!

Thank you to our Special Editors:

Patrick Donohue & Chad Lennon Your efforts were unsurpassed and made this edition possible.

CALENDAR OF EVENTS Look for new upcoming events. For further information contact the SCBAat (631) 234-5511

PARALEGAL MEET & GREET Nov 15th at 5:30 PM in the Great Hall

HOLIDAY PARTY December 15th at 4 PM at the SCBA Great Hall

ROBING CEREMONY Jan 2nd at 9 AM at the Touro Law Center

MEET THE PUBLIC ADMINISTRATOR FRANK MACKAY January 10th at 6:00 PM in the Great Hall NOVEMBER 2023

SCBA BOARD OF DIRECTORS 2023-2024 Cornell V. Bouse............................................................. President Patrick McCormick.................................................. President Elect Hon. John J. Leo.............................................. First Vice President Robin S. Abramowitz....................................Second Vice President Glenn P. Warmuth...........................................................Treasurer Peter D. Tamsen............................................................. Secretary Jason A. Stern................................... Academy Dean Director (’25) Diane C. Carroll........................................................ Director (’24) Hon. Chris Ann Kelley................................................ Director (’24) Matthew J. Martinez..................................................Director (’24) Jason A. Stern.......................................................... Director (’24) Danielle Coysh..........................................................Director (’25) Zachary D. Dubey..................................................... Director (’25) Hon. Eric Sachs........................................................ Director (’25) Ashley M. Valla......................................................... Director (’25) Daniel T. Driscoll....................................................... Director (’26) Amy H. Hsu..............................................................Director (’26) Chad H. Lennon........................................................Director (’26) Jacquelyn L. Mascetti................................................ Director (’26) Hon. Derrick J. Robinson......................Past President Director (’24) Daniel J. Tambasco..............................Past President Director (’25) Hon. Vincent J. Messina.......................Past President Director (’26) SCBA STAFF Cynthia Doerler........................................ SCBA Executive Director/ Academy, Executive Director Barry M. Smolowitz.......................................Director of Technology Christine “Tina” O’Connor-Santiago ............................................Grievance, Membership Administrator Nicolette Ghiglieri.............................Academy of Law Administrator Michele A. Keller................................................LRIS Administrator Kimberly Hanna..................Communications and Event Coordinator

Published by

Serving Fire & EMS Heroes on Long Island & 16 States

Frank C. Trotta, Publisher Tim Edwards, Executive Editor Patti Niebling, Special Projects Coordinator Gregory A. Jones, Art Director SEND EDITORIAL COPY AND LISTINGS FOR AMONG US TO:

editor@scba.org

The Suffolk Lawyer The Suffolk Lawyer E-Edition and Magazine are the Official Publications of the Suffolk County Bar Association. The E-Edition (seven times per year) and Magazine (three times per year) are published by Fire News, 146 South Country Road, Suite 7, Bellport, NY 11713, under the auspices of the Suffolk County Bar Association. The articles published herein are for informational purposes only. They do not reflect the opinions, beliefs and viewpoints of The Suffolk County Bar Association nor does The Suffolk County Bar Association make any representation as to their accuracy. Advertising contained herein has not been reviewed or approved by The Suffolk County Bar Association. Advertising content does not reflect the opinion or views of The Suffolk County Bar Association.

FOR ADVERTISING CALL 631-286-4566 • EMAIL: frank@firenews.com

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 3

AMONGUS By: Cynthia L. Doerler, Executive Director SEND INFO TO: Cynthia@scba.org CONGRATULATIONS Quatela Chimeri PLLC, with offices in Hauppauge and Garden City, welcomes John P. Whiteman III, Esq. as Partner concentrating in the matrimonial and family law practice group. Mr. Whiteman brings more than 15 years of extensive experience practicing in the matrimonial and family law arena. Quatela Chimeri PLLC, also welcomes Gabriella Leon, Esq. as Associate concentrating in the matrimonial and family law practice group. Ms. Leon graduated, cum laude, from Touro College Jacob D. Fuchsberg Law Center in 2019.

Congratulations Francine H. Moss, John P. Whiteman III, Esq. J&M Judd & Moss, P.C., on being selected to New York Super Lawyers for the 5th year in a row.

Robert H. Cohen, Esq., of Lamb & Barnosky, LLP, was selected for inclusion on the New York Super Lawyers® list for 2023 in the practice area of schools and education. Sharon N. Berlin, Esq., and Richard K. Zuckerman, Esq., were seGabriella Leon, Esq. lected in the practice area of employment and labor law; Scott M. Karson, Esq., was selected in the appellate law practice area; and Jeffrey A. Zankel, Esq., was selected in the practice area of estate planning and probate. Alyssa L. Zuckerman, Esq. was selected for inclusion on the New York Super Lawyers Rising Stars list for 2023 in the practic area of employment Francine H. Moss, Esq. and labor law.

On October 26, 2023, Sharon N. Berlin, Esq., of Lamb & Barnosky, LLP, was the co-speaker on the topic, “Collective Bargaining in an Uncertain Economy – Déjà vu or Something Different This Time Around?” at the 27th Annual Pre-Convention School Law Seminar co-sponsored by the NYS School Boards Association and the NYS Association of School Attorneys, at the Two Fountain Plaza, Buffalo, New York.

Richard K. Zuckerman, Esq., of Lamb & Barnosky, LLP, has again been selected by his peers for recognition in the 2024 30th edition of The Best Lawyers in America© in the practice areas of Ed-

ucation Law, Employment Law - Management, Labor Law –Management and Litigation – Labor and Employment.

Sharon N. Berlin, Esq., of Lamb & Barnosky, LLP, has again been selected by her peers for recognition in the 2024 30th edition of The Best Lawyers in America© in the practice areas of Labor Law – Management.

Alyssa L. Zuckerman, Esq., of Lamb & Barnosky, LLP, has been selected by her peers for recognition in the 2024 30th edition of The Best Lawyers in America© as “One to Watch” in the practice areas of Labor Law – Management.

Congratulations to Great Cow Harbor Race runners Judge Asher and Danielle Coysh!

Winter Edition of

Magazine coming December 2023

TO ADVERTISE Call 631-286-4566 The United States Court of Appeals would like to announce a Bankruptcy Judgeship Vacancy in the Southern District of New York.

Please click below for the announcement and application:

CLICK HERE

MEMBER DUES • MEMBER DUES • MEMBER DUES Now more than ever it is absolutely essential to remain an active member of your professional Association! The issues facing us today are numerous, complex and will have a great impact on the future of the legal profession. Dedication to your legal profession is an excellent reason to renew your SCBA membership and there are many more too numerous to mention. If you HAVE renewed your annual dues please accept our sincerest thanks for your continued support of your Bar Association! If you HAVEN'T renewed, please take a moment to pay your annual SCBA Membership dues.

If you wish to make your dues payment online, you will need the following:

1) Go to SCBA.ORG 2) Have your SCBA Membership ID # handy 3) Click on Quick Links at the top of the landing page.

4) You'll see a Welcome! message.

5) Click on My Dues Renewals For any questions regarding your PAY YOUR DUES USING Membership ID, if you would like to be resent an Invoice or to renew by check or over the phone you can contact: SCBA Headquarters at 631-234-5511 x 222 or email Tina@scba.org

When you renew your membership, log into the website to be sure we have your current email, phone number and company name and address.

NOVEMBER 2023

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 5

6 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

Recycle for Education: Promoting Environmental Education and Justice By: Andrea A. Amoa, Esq. and Kwesi Amoa, Ph.D.

R

ecycle for Education is a not-for-profit organization that was created by me and my husband, Dr. Kwesi Amoa, and has strived to serve its community while addressing critical environmental issues and making a significant impact in the field of environmental education and environmental justice since its inception in 2007. Its primary focus is on recycling 5-cent bottles and cans based on the New York State Bottle Bill which was initiated in 1982. Our vision was to create a positive change by addressing two vital concerns: environmental sustainability and education.

The Bottle Bill introduced a 5-cent deposit on carbonated beverage containers, to reduce litter and promote recycling. In 2009, water bottle redemptions was added to the Bill. In 2022, according to the New York State Tax and Finance Department, New York State received 117 million dollars in unclaimed nickel deposits. Recycle for Education recognized that this policy could be harnessed to serve a dual purpose: recycling for the environment and generating funds for education. This simple but effective idea became the cornerstone of Recycle for Education's mission. The organization aimed to encourage community members to collect and recycle these containers while simultaneously raising funds for educational initiatives.

Recycle for Education's mission is to promote environmental education and environmental justice through recycling, community engagement, and education. The organization has developed several programs and initiatives to achieve this mission, leaving a significant impact on the communities it serves. The organization works with NYC summer youth programs yearly and employs young people for the summer, most of which have never realized the impact of recycling within their communities. The funds generated are primarily utilized to fund scholarships for C- average college and college bound students. However, our mission has expanded over the years to include: 1. Environmental Justice Advocacy: The organization works to address environmental disparities, particularly in low-income communities, by supporting efforts to reduce pollution and improve living conditions by collaborating with local communities to ensure that all individuals have equal access to clean and healthy environments.

2. Educational Initiatives: The funds NOVEMBER 2023

generated are reinvested into the community to improve educational opportunities and environmental awareness among community members through various educational programs and initiatives such as, scholarships, and environmental education courses.

3. Public Awareness & Community Engagement: Organize clean-up events, workshops, and awareness campaigns to engage community members by fostering a sense of shared responsibility towards environmental issues.

4. Bottle and Can Collection: Community members are encouraged to participate in this process by collecting containers and delivering them to designated recycling centers. These containers are then redeemed for their 5-cent deposit, and the proceeds are used to fund educational projects.

Over the years, Recycle for Education has had a positive community impact and has fostered environmental stewardship among residents which promotes a sense of community pride and unity. Residents who participate in recycling and educational initiatives are invested in environmental sustainability thereby helping to create cleaner and greener communities. Our commitment to environmental justice has led to tangible improvements in underserved communities and the advocacy and support for pollution reduction measures have enhanced living conditions and promoted healthier environments for vulnerable populations. Additionally, by channeling the funds generated from bottle and can recycling into scholarships and educational programs, Recycle for Education has assisted multiple individuals in pursuing their educational dreams, regardless of their financial backgrounds.

As environmental issues continue to evolve and new educational needs emerge, the organization must adapt and grow. The organization must work towards expanding its outreach to reach more communities and engage a wider audience in its mission. In addition, building partnerships with other en-

vironmental and educational organizations can create a stronger and more comprehensive approach to addressing environmental issues and educational gaps.

Lastly, embracing technology and social media can enhance the organization's ability to connect with multiple individuals and raise a broader spectrum of awareness. AND DONATIONS ARE ALWAYS ACCEPTED. (recycleforeducation.net (501 (c)(3) organization).

Recycle for Education remains an inspiring example of how a simple idea, when combined with determination and community involvement, can create a lasting legacy of positive change.

Andrea A Amoa,Esq. Andrea A. Amoa is currently a Court Attorney Referee in Suffolk County Family Court and has served in that capacity since February of 2020. She has been a board member of the Suffolk County Bar Association, the secretary of the Suffolk Academy of Law, and a past member of the Judicial Screening Committee. She is also a member of the Amistad Long Island Black Bar Association and briefly served as the Vice President of Membership.

Dr.Kwesi Amoa Dr. Kwesi Amoa is a skilled organic chemist trained in the isolation, synthesis, and characterization of natural products. Currently, he serves as executive director for Recycle for Education. In this role he runs the day to day operation of the organization and educates the public about the tremendous financial opportunities recycling can provide.

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 7

By Danielle Coysh, Managing Director

O

8

n October 27th, friends, families and colleagues joined in the Great Hall for our annual Halloween charity fundraiser. This year’s event was the most successful in the history of the Charitable Foundation raising over $12,000 to support programs providing direct assistance to those in need, especially children, throughout Suffolk County.

Through your generosity, the Foundation has already provided valuable resources to Family Court programs, including the hand delivery of 100 teddy bears used to comfort children who find themselves entrenched in court proceedings. The Foundation looks forward to expanding our reach to assist more individuals throughout our community.

On behalf of the entire Board of Managers, I thank all who volunteered their time and spirit and that donated by buying tickets or attending the Halloween Party, making our Halloween fundraiser an overwhelming success.

With your support, the Charity Foundation will continue to improve more lives than ever before.

20 23

9

10 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

SPECIAL SECTION: MILITARY & VETERANS AFFAIRS

VA DISABILITY & THE

T

he Department of Veterans Affairs (VA) provides eligible Veteran’s with a monthly, monetary, tax free benefit, for injury or disability sustained during active service. Before discussing the recent PACT Act, it is important to have a brief understanding of the VA disability system in recent history.

Prior to 2008 attorneys could only represent Veterans at the agency level pro-bono or after a final agency decision for a fee by appealing to the Federal Courts. The Veterans Benefits Improvement Act of 2008 changed the VA disability system to allow attorney representation for a fee at the agency level.1 This is a significant benchmark since attorneys could appeal an initial agency decision and develop evidence.2 Just over a decade later, the Veterans Appeals Improvement and Modernization Act of 2019 was passed in an attempt to repair a severely backlogged disability benefit system. It was not uncommon for appeals to the Board of Veterans Appeals to take anywhere from 57 years.3 These circumstances have historically left few attorneys actually handling VA disability cases.

While the above Acts were substantial changes to VA disability, the PACT Act, formally known as The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2021, is likely the largest health care and benefit expansion for Veterans and their survivors in the VA’s history. The PACT Act is a vast bill encompassing changes to many parts of the VA’s system. To name a few, the

Act expands eligibility for VA healthcare for Veterans with toxic exposures and Veterans of the Vietnam, Gulf War and post-9/11 eras, adds dozens of presumptive conditions for VA disability due to exposure to burn pits, Agent Orange (AO) and other toxins, and expands locations for AO and radiation exposures.4 The Act further requires VA to provide toxic exposure screenings, and helps to improve research, education, and treatment related to toxic exposures.5 Given the amount of information in the PACT Act and the VA’s efforts to relay this information, there is often confusion regarding provisions of the act. Two common misunderstandings are many Veterans or survivors believe August 9, 2023, was the last day or the “Cutoff Date,” to file a PACT Act claim.

Another misunderstanding is that one files a PACT Act claim.

The PACT Act came into effect on August 10, 2022 and there is no expiration date or “Cutoff date,” to file a claim.6 Rather, the August 9, 2023 deadline pertains to the effective date for a granted claim, which varies based on the filing date. Similarly, a Veteran does not file a PACT Act claim, but rather applies for disability benefits for a specific condition(s). The PACT Act expands the avenues available to obtain service connection for a disability. For example, a pre-PACT Act claim for hypertension due to AO exposure might have been denied absent a favorable medical opinion. Under the PACT Act, hypertension is presumed to be related to AO exposure and no medical opinion is required. Once granted, the Veteran does not receive com-

See Public Law 110-389 Id. 3 See https://www.va.gov/decision-reviews/legacyappeals/#:~:text=It%20depends.,you%20to%20get%20a%20decision 4 See https://www.va.gov/resources/the-pact-act-and-your-vabenefits/#:~:text=The%20PACT%20Act%20is%20a,by%20exposure%20to%20these%20substances

Vincent J. Pastore,Esq. Vincent J. Pastore has been a Veterans Disability Lawyer for Finkelstein & Partners, LLP, since 2013.

He is a member of the Military and Veterans Affairs Committee with the Suffolk County Bar Association and a member of the National Organization of Veterans’ Advocates (NOVA). He has also been selected as a Super Lawyers Rising Star, calendar years 2018 through 2022.

Id. Id. 7 See https://www.benefits.va.gov/vso/

1

5

2

6

NOVEMBER 2023

pensation for AO exposure or for the PACT Act, but rather for the underlying disability of hypertension.

The VA disability system and the PACT Act cannot be properly explained in any one editorial and that is not the objective of this article. Rather, this month’s The Suffolk Lawyer, focuses on National Veterans and Military Families Month. The important take away is although any attorney can represent a Veteran in the area of law they practice, VA disability is a young, developing, and complex area of law that does not have nearly enough accredited attorneys 7 compared to the number of Veterans requiring assistance. Hopefully, this article leaves some wanting to expand their knowledge and practice to include VA disability.

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 11

SPECIAL SECTION: MILITARY & VETERANS AFFAIRS

The

VETERANS

Treatment Court

By Chad H. Lennon. Esq.

T

he veteran population in Suffolk County is the largest in New York State and one of the largest in the country.

Thus, an attorney will likely have a client who served in the Armed Forces. When working with a client who has a criminal case and is a veteran, one strategy can be to transfer the case to the Veterans Treatment Court. Suffolk County currently has two locations: District Court in Central Islip for the seven western towns, and the East End Court in the Southampton Town Court for the five eastern towns. The Veterans Treatment Court was established by Judge Robert Russell in Buffalo, New York on January 15, 2008. Since 2008, there have been over 500 courts established throughout the country.

The idea that veterans have earned special treatment from the legal system originates from the awareness that the training to overcome the natural human aversion to harming others and frequently being deployed overseas to do that very deed is what may have caused the mental illness and substance abuse leading to his or her presence in front of a judge.1 The Veterans Treatment Court is one method to assist those who have unfortunately become involved in the criminal justice system. The Suffolk County Veterans Treatment Court strives to divert eligible justice-involved veterans with substance de-

pendency and/or mental illness to a specialized criminal court.2 The court serves justiceinvolved veterans struggling with addiction, mental health issues, and/or co-occurring disorders, thus the court may be considered a hybrid of drug and mental health court.

When veterans become involved in the criminal justice system, the Veterans Treatment Court team will seek them out, evaluate their needs, provide assistance and manage their care to help resolve any issues. Two conditions common in veterans are post-traumatic stress disorder (“PTSD”) and traumatic brain injury (“TBI”). Through the advances in armor protection for personnel and equipment, many veterans are fortunately returning home; however, there may be issues based on PTSD or TBI, which could also lead to substance abuse. Veterans who suffer from PTSD, TBI or substance abuse have a higher chance of encountering the court system.3 The Judge in Veterans Treatment Court is responsible for maintaining and running the court with the mission of assisting in rehabilitating justice-involved veterans who come before the court. The Judge has the final decision in the court but is assisted by the team which consists of the Veteran Justice Outreach Specialist (“VJOS”), prosecutor, defense attorney, and mentors. The defense attorney is required for the justice-involved

veteran to enter the court through the initial plea, any sanctions, and the final sentence upon successful completion. However, it is important the defense attorney remains part of the court team throughout the process.

The VA representative, or VJOS, is the liaison between the court and the Veterans Health Administration. The VJOS is the “Captain” of the team and is the key to securing a successful treatment plan. The VA sought more justice-focused action at the medical centers; therefore, the Veterans Justice Outreach Initiative was established to educate the criminal justice system on unique issues facing veterans.4 Once a veteran enters the legal system, the VJOS assists the justice-involved veteran through substance abuse and mental health treatment programs. The VJOS will assess any mental, physical, or behavioral issues needed and enroll the justiceinvolved veteran into the programs.

The prosecutor will review a case to determine if the case will be calendared for the Veterans Treatment Court. Once a case is “approved” by the prosecutor, the VJOS will schedule a day and time to interview the justice-involved veteran to determine the appropriate treatment schedule. At the next court date, the VJOS will inform the Veterans Treatment Court team of the diagnosis and treatment schedule. The justice-involved veteran will then be able to contract into the

12 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

SPECIAL SECTION: MILITARY & VETERANS AFFAIRS When working with a client who has a criminal case and is a veteran, one strategy can be to transfer the case to the Veterans Treatment Court.

court and fully participate in the program.

During the period of the contract, the VJOS keeps the Veterans Treatment Court team up to date on the progress the justice-involved veteran is making.

The mentors in Suffolk County are the “green jackets” who are members of the Vietnam Veterans of America who volunteer their time to be a source of guidance and assistance for a justice-involved veteran. The green jackets are a key to success as they have no requirement to inform the court (judge, prosecutor, or defense attorney) of any conversations that have occurred with the justice-involved veteran. However, open communication has been utilized creating a team environment to focus on the success of each justice-involved veteran.

The District Attorney’s Office must consent to have a case transferred to the Veterans Treatment Court. Veterans Treatment Courts are meant to be non-adversarial, yet the issue of whether a Veterans Treatment Court will accept a particular individual, and the terms of the contract can become adversarial.5 The length of participation in the Veteran Treatment Court program is typically 12 1

months, however, a contract may be shorter or longer based on the circumstances. Justice-involved veterans are not scheduled to attend court as a typical criminal case; however, the court date will be determined on the justice-involved veterans’ treatment and progress. The court appearance requirement may range from every two weeks to over a month between appearances. The Veterans Treatment Court differs from drug court and mental health court because it does not utilize a 12-step program, rather it seeks to impede the current destructive cycle of the veteran.6 The court further seeks to start a new cycle for the veteran that will benefit his or her future, which will correspondingly benefit society.

Upon the successful completion of Veterans Treatment Court, the veteran will be presented with a certificate of completion and a commemorative coin, which is an important part of the military culture. Furthermore, for those veterans who are seeking a discharge upgrade, they may cite their successful completion of a rigorous program designed to turn one’s life around into a success once again. The Veterans Treatment Court does

Charles Davis, Traumatized Vets Are Finding Hope in Special Courts, TAKEPART (March 6, 2015), http://www.takepart.com/feature/2015/03/06/veterans-treatment-courts.

2 Anne Caron, Fourth Judicial District Veterans Court – Two Year Review: July 2010 – June 2012 6 (Anne Carron et al. eds., 2013).

3 Veteran Treatment Courts, Points of Light, available at http://www.pointsoflight.org/sites/default/files/site-content/files/veteran_treatment_courts.pdf.

NOVEMBER 2023

not disregard the fact that the justice-involved veteran who comes before it has broken the law and he or she must face the consequences for his or her action. The Court substitutes closely supervised mandatory treatment for incarceration to provide the justice-involved veteran an opportunity to address and treat the underlying causes of his or her criminal action while facing the consequences for breaking the law.

Chad H. Lennon,Esq. Chad H. Lennon is a Senior Associate Attorney at Tully Rinckey, PLLC. He is also a Major in the Marine Corps reserves currently assigned at the National Military Command Center. He is also on the Board of Directors for the Suffolk County Bar Association, and on the New York State Advisory Committee for Veterans Treatment Courts.

4

Department of Veterans Affairs, A Second Chance: Veterans Treatment Courts, Vantage Point (Wednesday March 30, 2011 4:27 PM), https://www.blogs.va.gov/VAntage/2018/a-second-chanceveterans-treatment-courts.

5 Benjamin Pomerance, The Best Fitting Uniform: Balancing Legislative Standards and Judicial Processes in Veterans Treatment Courts, 18 Wyo. L. Rev. 179, 190 (2018).

6 Michael C. McDaniel, Veterans Treatment Courts in Michigan, A Consideration of the Factors to

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 13

14 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

SPECIAL SECTION: MILITARY & VETERANS AFFAIRS

ACTUAL DISCHARGE UPGRADES

By William Harris & Victoria O’Connell

O

n average, there are about 200,000 military service members who end their service every year.1 When servicemembers end their service, they become discharged.2 There are 8 different discharges that a veteran can receive: (1) Honorable Discharge, (2) General Discharge Under Honorable Conditions, (3) Other-Than-Honorable (OTH) Discharge, (4) Entry-level Separation, (5) Medical Separation, (6) Separation for Convenience of the Government, (7) Bad Conduct Discharge (issued by special court-martial or general court-martial), and (8) Dishonorable Discharge.3 Since 2010, approximately 51,400 veterans have been given less-than-honorable discharges.4

under the supervision of an experienced attorney, provide free legal services to veterans in the Long Island community and beyond who are in need of discharge upgrades and VA benefits.

How does this process work? First, the student clinical interns will conduct a formal intake to understand the veteran’s unique situation. Second, they will help to collect any military and medical records needed to bolster the veteran’s case. Third, they will work together with the veteran to write his or her personal statement, explaining the circumstances surrounding the veteran’s discharge. Fourth, they will help the veteran gather character statements from friends,

If you or anyone you know is a veteran looking for legal assistance regarding a discharge upgrade or VA benefits, please call (631) 761-7080 for further information. We are located at 225 Eastview Drive, Central Islip, NY 11722. Touro Law Center’s legal clinics provide all legal services pro bono, meaning at no cost to the veteran. After protecting our country, our veterans deserve any help they need. The clinic looks forward to assisting our veterans on their journey through civilian life.

William Harris William Harris is a third-year student at Touro University Jacob D. Fuchsberg Law Center. He joined the Veterans and Servicemembers Rights Clinic this semester because of a personal connection in which he has been around Veterans and Servicemembers all his life. His father and grandfather were firefighters, while his great-uncle was a Veteran of the Korean War. Through these three brave men, he understands the sacrifice all men and women in the service give to their country and how important it is to help them receive the proper benefits they deserve for their heroic service.

Sometimes, there are extenuating circumstances for a less-than-honorable discharge.

Some common reasons include: (1) Mental health conditions, including post-traumatic stress disorder (PTSD), (2) Traumatic brain injury (TBI), (3) Sexual assault or harassment during military service, and (4) Sexual orientation (including discharges under the Don’t Ask, Don’t Tell policy).5 When a veteran is given a less-than-honorable discharge, it can be an uphill battle to get the benefits that they deserve. However, we can help! At Touro University Jacob D. Fuchsberg Law Center’s Veterans and Servicemembers Clinic, student clinical interns, 1

coworkers, and other acquaintances to further show his or her admirable qualities.

Lastly, the student clinical interns will submit all documents and evidence to the appropriate review board for them to make a final determination.

A successful discharge upgrade can exponentially benefit the veteran’s life. Having an honorable discharge may help the veteran qualify for VA healthcare benefits, VA disability benefits, and GI Bill education benefits.6 The veteran may also have a higher chance of securing a home loan or a federal job.7 An honorable discharge will also allow the veteran to re-enlist in the military in the future.8

Hubbard, R. (2022, September 19). How Veterans with Other than Honorable Discharges Could Get VA Benefits or an Upgraded Discharge Status. Military.com. https://www.military.com/veteransother-honorable-discharge-eligible-benefits-upgrade-status.html 2 Id. 3 Crocker, B. (2022, November 3). Types of Military Discharges. Veteran.com. https://veteran.com/types-of-military-discharges-2/ 4 Hubbard, R. (2022, September 19). How Veterans with Other than Honorable Discharges Could Get VA Benefits or a Upgraded Discharge Status. Military.com. https://www.military.com/veteransother-honorable-discharge-eligible-benefits-upgrade-status.html

NOVEMBER 2023

Victoria O’Connell Victoria O’Connell is a third-year student at Touro University Jacob D. Fuchsberg Law Center. Coming from a family of police officers in both the NYPD and SCPD, she knows firsthand how vital service members are to the safety and freedom of American citizens.

Through her tenure at the Veterans and Servicemembers Rights Clinic, she hopes to help veterans obtain the benefits that they rightfully deserve.

5

U.S Department of Defense. Requests for Upgrade of Discharge Characterization. U.S. Department of Defense. https://www.defense.gov/Contact/Help-Center/Article/Article/2742507/requests-for-upgrade-of-discharge-characterization/ 6 Discharge Upgrade Guide: What if I Have a Bad Discharge from the Military?. Bay Area Legal Services. https://bals.org/help/resources/discharge-upgrade-guide 7 Cole, C. (2023, June 20). Types of Military Discharge and What They Mean for Veterans. lawforveterans.org. https://lawforveterans.org/work/84-discharge-and-retirement/497-militarydischarge#:~:text=Other%20Than%20Honorable%20Discharge,of%20Military%20Justice%20(UC MJ).

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 15

10 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

REAL ESTATE DEVELOPMENT

By Jason A. Stern, Esq.

RECENT LAND USE, ZONING, AND ENVIRONMENTAL REAL ESTATE DECISIONS

A

s shown in our previous columns, clients can face a variety of real estate development issues, the answers to which depend on land use, zoning, environmental, and municipal laws, rules, and regulations, which vary among the counties, towns, villages, and cities across Long Island and New York State. However, there are certain overarching legal principles that guide these answers and this column reviews recent court decisions on such principles to give practitioners a framework for understanding the issues and how the courts address them, with an emphasis on decisions from the Appellate Division, Second Department:

REMEDIAL ZONING LAW APPLIES RETROACTIVELY In Posillico v. Southold Town Zoning Board of Appeals, 219 A.D.3d 885 (2d Dep't 2023), petitioners Margherita Posillico and Vincenzo Posillico ("Vincenzo") each recently purchased adjoining +/-20,000 square foot ("sf") residential parcels ("Lot 1" and "Lot 2") in the Town of Southold ("Town"), and Vincenzo applied to the Town to build a singlefamily home on Lot 2 ("Application"). The Town denied the Application on the ground the two lots were deemed to have "merged" into a single parcel because the individual lots were each smaller than the Town Code's minimum lot size requirement (of 40,000 sf) and because the lots had been under "common ownership" since 2000, when Lot 1's prior co-owner died and resulted in the same individual owning both Lots. Petitioners argued that a 2007 Town Code amendment ("2007 Amendment") created an "exception" to the Town's merger requirements where, as in the instant case, the common ownership of adjacent lots was the result of the death of a co-owner, because such mergers "unfairly subject surviving spouses" to the loss of property rights. However, the Town's Zoning Board of Appeals ("ZBA") determined that the 2007 Amendment did not apply retroactively to the 2000 merger. Petitioners commenced an Article 78 proceeding in the Supreme Court, Suffolk County (Hon. David T. Reilly, J.), which granted the petition and annulled the ZBA's decision; on appeal, the Appellate Division, Second Department affirmed. The Second Department held that NOVEMBER 2023

"remedial legislation should be given retroactive effect" and in this case, even though the 2007 Amendment did not explicitly apply retroactively, the exception created by the Amendment was "clearly a remedial law" intended to correct "unjust consequences" of the Town’s merger law.

CONFLICT BETWEEN TOWNS RESOLVED BY "PUBLIC INTEREST" BALANCING TEST In Town of Beekman v. Town Board of the Town of Union Vale, 2023 WL 6134381 (2d Dep't 2023), the neighboring Towns of Beekman (“Beekman”) and Union Vale (“Union Vale”) (both located in Dutchess County) disputed each other's rights over the construction of a 150-foot telecommunications tower ("Tower"). The Beekman Town Board ("Town Board") had approved a ground lease agreement with a private developer to construct the Tower on property owned by the Beekman, but which is located within Union Vale.

In the Town Board's resolutions approving the Tower ("Resolutions") it determined the project was “immune” from the zoning laws of Union Vale. Petitioner-Union Vale commenced a hybrid Article 78 proceeding in the Supreme Court, Dutchess County, seeking to annul and vacate the Resolutions.The Supreme Court denied and dismissed the proceeding; on appeal, the Appellate Division, Second Department affirmed. The Second Department cited to the Court of Appeals decision in In re Matter of County of Monroe, 72 N.Y.2d 338 (1988), holding that a Court must conduct a “public interest” balancing test to resolve conflicts between two governmental entities as to zoning immunity.

The Second Department found that in the instant case, the public interest balancing test was satisfied because the Tower served public interests by remedying “a gap in cellular coverage” and aiding “emergency services" by providing emergency cellular service at no charge.

SEQRA DETERMINATION NOT SUPPORTED BY SUBSEQUENT AMENDMENTS TO TOWN CODE In Andes v. Planning Board of the Town of Riverhead, 217 A.D.3d 669 (2d Dep't 2023), the owners of a waterfront parcel located in the Town of Riverhead ("Town") applied to the Town Planning Board ("Planning Board")

for a minor subdivision to divide the property into two lots, on which they sought to construct a dock, ramps, and floats ("Subdivision"). The Planning Board reviewed the application under the State Environmental Quality Review Act ("SEQRA") and determined that same constituted a "Type II" action -- which requires no further environmental review -- and approved the Subdivision. Petitioners-neighboring property owners commenced an Article 78 proceeding challenging the Planning Board’s determination; and the Supreme Court, Suffolk County (Hon. William G. Ford, J.), granted the petition and remitted the matter to the Planning Board for a new SEQRA review. On appeal, the Appellate Division, Second Department affirmed. The Second Department found there was "no rational basis" for the Planning Board to classify the Subdivision as a "Type II" SEQRA action. Indeed, the Planning Board's own "Staff Report" identified several environmental concerns with the Subdivision application.

The Planning Board also appeared to improperly rely on new amendments to the Town Code that reclassified certain actions as "Type I" and "Type II" actions; however, such amendments were made "subsequent" to the Planning Board's determination.

As these decisions continue to demonstrate, practitioners should be familiar with the overarching legal principles governing real estate development in New York, as well as the applicable local land use, zoning, environmental, and municipal laws, rules, and regulations in rendering advice on these issues.

Jason A. Stern, Esq. Jason A. Stern is the Dean of the Suffolk Academy of Law and is a partner and Director of Litigation at Weber Law Group, LLP, which focuses on Commercial Real Estate, Land Use, Zoning, Government Relations, Environmental Law, and Complex Litigation. You can reach Mr. Stern at 631-5492000 and jstern@weberlawgroup.com

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 17

18 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

MUST WEIGHT OF THE

The Practice Page

EVIDENCE BE PRESERVED

FOR CIVIL APPEALS?

by Hon. Mark C. Dillon

F

or civil jury and non-jury trials, there is a difference between the sufficiency of evidence on the one hand and the weight of the evidence on the other, when an adverse judgment is appealed. For sufficiency, the standard of review is whether there is a valid line of reasoning and permissible inferences by which a rational trier of fact could find in favor of the plaintiff (Killon v Parrotta, 28 NY3d 101, 108). An argument of insufficiency must be preserved at the trial for review on appeal, typically by a post-trial motion to set aside the verdict (CPLR 4404[a]).

By contrast, an appeal of a verdict as against the weight examines whether the evidence so preponderates in favor of a party that a contrary verdict could not have been reached on any fair interpretation of the evidence (Lolik v Big V Supermarkets, 86 N.Y.2d 744, 746). Whereas sufficiency determinations look at whether the elements of causes of action were established with adequate proof at law (Killon v Parrotta, 28 N.Y.3d at 108), an examination of weight looks at the qualitative nature of the trial evidence and is more of a factual, rather than legal, question (Cohen v Hallmark Cards, Inc., 45 N.Y.2d 493, 498). If a party makes a post-trial motion to set aside a verdict on the ground of weight, the issue is preserved for any party aggrieved by the trial judge’s determination. But in the absence of a weight-based post-trial motion, is an appellate court precluded from considering the issue for lack of preservation?

This question was examined in an analytical opinion of Justice Fran Connolly of the Appellate Division, Second Department, in Evans v New York City Transit Authority, 179 A.D.3d 105. The uncomplicated facts of Evans involved an elderly plaintiff who allegedly sustained personal injuries while stepping off a city bus. The jury determined that the bus driver was negligent but that the negligence was not a substantial causative factor of the accident. The plaintiff’s attorney made no motion to set aside the verdict, but appealed the judgment on the ground that it was against the weight of the evidence. On the issue of preservation, Justice Connolly noted three factors warranting the conclusion that weight of the evidence need not be preserved. The first and perhaps most compelling was that case law from 1916 consistently did not require weight to be preserved for appeal (e.g. Miller v Brooklyn Hgts. R.R. Co., 173 A.D. 910), until 2002 when the Second Department inexplicably began applying a preservation rule (Condor v City of New York, 292 A.D.2d 332). Second, CPLR 5501(c) and its predecessor statute expressly authorizes appellate review of both law and facts, which includes weight. And third, CPLR 4404(a) authorizes the trial court to order a new trial upon motion of a party or at its own initiative, and an appellate court’s authority is as broad as that of the trial court. Not mentioned in Evans, but of analogous value, is that weight of the evidence need never be preserved for appeals in criminal matters (CPL 170.15[5]; People v Danielson, 9 N.Y.3d 342).

Until recently, the Fourth Department adhered to a long line of cases requiring that weight be preserved for appellate review (e.g., Givens v. Rochester City School Dist., 294 A.D.2d 898). On August 20, 2020, the Fourth Department expressly directed that its precedent no longer be followed, bringing its view into line with that of NOVEMBER 2023

the Second Department in Evans that weight need not be preserved (Defisher v PPZ Supermarkets, Inc., 186 A.D.3d 599, 601-02). The First Department does not appear to require that weight be preserved (Sims v Comprehensive Comm. Dev. Corp., 40 A.D.3d 256, 258, abrog. on other grounds, Ornstein v NYCH&HC, 10 N.Y.3d 1).

The outlier is the Third Department, which requires that weight of the evidence arguments be preserved for appeal (Creamer v Amsterdam High School, 277 A.D.2d 647, 651). We’ll stay tuned to that region of the state for any potential adherence, or change, in its decisional reasoning.

Hon.Mark C. Dillon Mark C. Dillon is a Justice of the Appellate Division, 2nd Dept., an Adjunct Professor of New York Practice at Fordham Law School, and a contributing author of CPLR Practice Commentaries in McKinney’s.

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 19

Family Feud Provides Cautionary Tale for Plot Owners and Estate Planners

By Mark A. Cuthbertson & Michelle M. Pfeiffenberger

W

hen drafting a last will and testament, it is a required practice to ask a client what assets they have and how they would like them distributed upon their passing. A well-drafted will also include a residuary clause to account for all property not specifically bequeathed or devised and for other assets that may be acquired after the date of the will.

One would expect that a cemetery plot would pass through a residuary clause. However, a little-known provision of the Not-For-Profit Corporation Law (“NFPCL”), § 1512 (b), specifically excludes cemetery plots from being included in a residuary clause and provides an alternative method of inheritance. This can have profound implications for clients, as an ownership interest in a burial plot carries with it a host of rights, including memorialization (i.e., the right to place or modify a tombstone or grave marker) and rights of burial. Thus, a relative to whom a client devised nothing and who was not even named in a will could end up with control over the type of headstone, its inscription, and potentially cause a conflict with the remaining heirs.

This was essentially the situation in the recent case of Liere v.

Alan E. Fricke Mems., Inc. 2023 N.Y. Slip Op. 50865 (App. Term, 2nd Dep’t 2023). In Liere, the Appellate Term affirmed an opinion by Acting Suffolk County Court Judge James Matthews that defined “descendants” in the context of NFPCL § 1512(b) and held that a grandchild of a predeceased son was within the meaning of the term.

The facts of the case were uncontested: Herman Henry Liere, Sr. (“Hank”) purchased a cemetery plot in 1978. The plot was deeded to the “Herman H. Liere Family.” Hank had four children: Robert, John, Herman (“Fritzie”) and Lorraine. Fritzie died intestate in 1997 and was survived by three children: Herman (the defendant in Liere), Patrick and Keith. Hank died in 2008 with no mention of the cemetery plot in his will. His daughter Lorraine died in 2016 without a spouse or children and with no mention of the cemetery plot in her will.

Both Fritzie and Lorraine were interred in the plot with their parents.

Herman hired a funeral home to include the suffix “Jr.” to distinguish his father from grandfather and to add Lorraine’s name and dates of birth and death.1 The case arose when Hank’s sons, Robert and John (“Plaintiffs”), sued Herman (Hank’s grandson and one of Fritzie’s three sons), for negligence, conversion, and trespass based on Herman’s modification to the inscription on the tombstone, claiming that Herman had no ownership interest in the plot. Plaintiffs sought damages and to either remove the engravings or replace the tombstone.

Herman moved for summary judgment, arguing that as a “descendant” of Hank, the purchaser of the plot, he was an owner of the plot and was entitled to make a revision to the inscription.

Thus, the question before the court was whether Herman was entitled to inscribe the headstone to include Hank’s suffix and the name and dates for Lorraine. Under NPFCL § 1512(b), when the owner of a cemetery plot dies without specifically devising a cemetery plot in their will, ownership of the plot passes under § 1512(b) to their “descendants then surviving, and if there be none, then 20 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

to the surviving spouse, and if there be none, then to those entitled to take the real and personal property of the deceased lot owner pursuant to article four of the estates, powers and trust law [“EPTL”].” Notably, the term “descendant” is not defined. As it was uncontested that Hank had “descendants then surviving,” the only question was whether Herman (Hank’s grandchild) was such a person within the meaning of NFPCL § 1512(b).

In affirming the lower court decision, the Appellate Term adopted the well-accepted principle of statutory construction that the intention of the Legislature should be ascertained and given effect, and that unambiguous words should be given their plain meaning and effect. It noted dictionary definitions serve as a useful guidepost, and that the dictionary definition of “descendant” is “someone who follows the bloodline of an ancestor, either linearly or collaterally, e.g., children and grandchildren.” Based on this, the court found that the term “descendant” unambiguously includes grandchildren, and, as such, at the time of Hank’s death, Herman (Hank’s grandchild) was one of Hank’s descendants then surviving and under NFPCL § 1512(b) inherited an ownership interest in the cemetery plot.

Some of the details in this article are taken from the pleadings and briefs filed in this matter. We appreciate the assistance of Richard Johannesen, Esq. for providing these documents.

In something of a plot twist from the lower court decision, the Appellate Term also held that Herman additionally had an ownership interest as the nephew of his deceased aunt, Lorraine. Under the provisions of NFPCL § 1512(b), since Lorraine died with no living spouse or descendants and made no specific bequest for the cemetery plot in her will, her interest would have passed under EPTL 4-1.1[a][5]. Thus, Lorraine’s interest in the plot would have passed to the issue of her parents by representation and be divided in equal parts among the brothers. In the case of her deceased brother, Fritzie, his

interest would pass to his issue by representation, which means Herman and his brothers could “stand in the shoes” of their father, and therefore be heirs.

Since NFPCL § 1512(b) provides that a plot will pass under the provisions of article four of the EPTL, the court noted they need not reach the question of whether Lorraine’s nephews were “descendants then surviving” under NFPCL 1512(b), because this question was resolved by the specific reference in NFPCL § 1512(b) to article four of the EPTL. Interestingly, the decision from the Appellate Term was the second one issued in this case. Previously, in 2021, it had issued a decision reaching the same result (i.e., Herman had ownership rights based on his relation to Fritzie and Lorraine) but added the portion of decision on its statutory interpretation of NFPCL § 1512 after appellant’s successfully moved for reargument. Liere v. Alan E. Fricke Mems., Inc., 71 Misc. 3d 41, 143 N.Y.S. 3d 771 (App. Term.

2d Dep’t 2021).

Given the existence of NFPCL § 1512 and its potential for unintended consequences, not only is it good practice to ask a client about their burial wishes, but practitioners should also ask whether their clients own or intend to purchase a burial space, be it a cemetery plot, mausoleum niche, or the like. If they do, they should be urged to make a specific provision for it in their will to circumvent the default provision of NFPCL § 1512(b).

Though such planning is not required, as Liere demonstrates, doing so can avoid a range of headaches for the surviving family members.

Mark A. Cuthbertson,Esq. Mark A. Cuthbertson is the sole proprietor of the Law Offices of Mark A. Cuthbertson in Huntington, New York. He has also served on the Town Board for the Town of Huntington from 1998-2022.

Michelle M.PfeiffenbergerEsq. Michelle M. Pfeiffenberger is counsel to the firm and has her own estate planning practice.

1 Some of the details in this article are taken from the pleadings and briefs filed in this matter. We appreciate the assistance of Richard Johannesen, Esq. for providing these documents.

NOVEMBER 2023

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 21

22 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

SUFFOLK ACADEMY OF LAW OF THE SUFFOLK COUNTY BAR ASSOCIATION ACCREDITATION FOR MCLE: The Suffolk Academy of Law has been certified by the New York State Continuing Legal Education Board as an accredited provider of continuing legal education in the State of New York.

Thus, Academy courses are presumptively approved as meeting the OCA's MCLE requirements.

REMINDERS: Cancellations for a full refund must be received within 24 hours before the course. You will be able to receive a credit for your next live program up to three months after the scheduled program.

PROGRAM LOCATIONS: : Be sure to check the calendar listings for format, location, and time.

TUITION & REGISTRATION: Sign up on line at: https://www.scba.org.

NON SCBA MEMBER ATTORNEYS: Tuition prices are discounted for SCBA members. If you attend a course at non-member rates and join the Suffolk County Bar Association within 30 days, you may apply the tuition differential you paid to your SCBA membership dues.

AMERICANS WITH DISABILITIES ACT: If you plan to attend a program and need assistance related to a disability provided for under the ADA, please let us know.

DISCLAIMER: Speakers and topics are subject to change without notice. “The opinions, beliefs and viewpoints expressed herein are those of the authors and do not necessarily reflect the official policy, position or opinion of the Suffolk County Bar Association, Suffolk Academy of Law, their Board of Directors or any of their members” TAX-DEDUCTIBLE SUPPORT FOR CLE: Tuition does not fully support the Academy's educational program. As a 501(c)(3) organization, the Academy can accept your tax- deductible donation. Please take a moment, when registering, to add a contribution to your tuition payment.

FINANCIAL AID: For information, please email cynthia@scba.org or call (631) 2345511 x 231.

NOTEWORTHY – • If you paid for a program and were not able to attend, please email nicolette@scba.org.

• We invite you to plan a course or suggest a topic for CLE credit. Contact Dean, Jason A. Stern at jstern@weberlawgroup.com or Executive Director, Cynthia L. Doerler at cynthia@scba.org.

• Materials for all Academy programs will be emailed to you usually one day prior to the program. Register on-line at www.scba.org.

To receive the member discount please log on the website with your member number.

PLEASE CHECK THE CALENDAR FOR INFORMATION ABOUT WEBINARS OR LIVE PROGRAMS

NOVEMBER 2023

DEAN’S LIST

By Jason A. Stern, Esq.

JUDGMENT DAY: LEGAL AND ETHICAL ISSUES IN THE AGE OF A.I.

T

he Suffolk Academy of Law has a number of exciting programs coming up this month, but I want to make sure you mark your calendars for our upcoming program on Artificial Intelligence (A.I.) on Tuesday, December 5. This program, entitled “Judgment Day: Legal and Ethical Issues in the Age of A.I,” will feature an all-star panel including Hon. Linda Kevins (Co-Chair of the SCBA’s A.I. committee), Hon. James C. Hudson (Co-Chair of the SCBA’s Professional Ethics committee), Harvey Besunder, Esq. (Co-Chair of the SCBA’s Commercial Division Committee), Mitchell Borkowsky, Esq. (Former Chief Counsel to the NYS Grievance Committee), and John F. Vodopia, Esq. (Chair of the SCBA’s I.P. Committee).

In advance of same, I asked ChatGPT for the top 5 reasons why it thinks lawyers should attend this program, and this was ChatGPT’s response: 1. Understanding AI's Legal Impact Gain crucial insights into how AI is reshaping legal practice.

2. Ethical Responsibilities: Learn how to

navigate AI-related ethical dilemmas and uphold professional standards.

3. Addressing Legal Ambiguities: Master strategies for dealing with legal grey areas linked to AI technology.

4. Compliance and Risk Management: Understand regulatory frameworks and mitigate associated risks.

5. Future-Proof Your Practice: Stay ahead by acquiring skills vital in the evolving legal landscape.

I am not sure which is more startling: the probative value of that list or the fact that ChatGPT generated it in about 2 seconds. Either way, this is a program you cannot miss!

Jason A. Stern, Esq. Partner and Director of Litigation, Weber Law Group, LLP

ATTENTION NEWLY ADMITTED ATTORNEYS! As you know, newly admitted attorneys (those admitted to the New York State Bar for two years or less) are required to earn New York CLE credit in the Skills category in a traditional live classroom setting or a fully interactive videoconference group setting. Effective March 11, 2020 through December 31, 2023, the New York State CLE Board permits newly admitted attorneys to participate in Skills CLE courses by either individual (self-study, on-demand) or group participation , in the following live, and nontraditional formats, where questions are allowed during the program:

• Webconference – zoom webinars • Teleconference – audio only

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 23

MEMBER ALERT GET INVOLVED IN YOUR BAR ASSOCIATION’S GOVERNANCE!

The Nominating Committee of the SCBA is soliciting recommendations and expressions of interest from eligible members interested in holding the following positions: President-Elect, First Vice President, Second Vice President, Treasurer, Secretary, four (4) directors with terms expiring 2027 and three (3) members of the Nominating Committee, with terms expiring 2027. The Nominating Committee is accepting résumés from members interested in leadership positions. Officers, Directors and members of the Nominating Committee are elected to office at the May 6, 2024 Annual Meeting.

SCBA Bylaws, Article V, §2 Eligibility “…No member shall be eligible for election to the Board of Directors who has not been an Active Member of the Association, an Officer of the Suffolk Academy of Law, or any combination thereof, for at least four years during such period.”

SCBA members interested in applying to become a member of the Board of Directors and playing a leading role in making the most important decisions about a myriad number of important issues, i.e., what your organization is all about, its mission, current programs, planning, budgeting, just to name a few, email your letter of intent, résumé or curriculum vitaé to the Executive Director cynthia@scba.org.

G N I M O UPC ISSUE!

Winter Edition of

coming

Magazine

December 2023

TO ADVERTISE Call 631-286-4566

Volunteer Your Time On a Sports Team Create Beautiful Art Help a Charity Weekend Gardener The Suffolk Lawyer and The Legal Brief hope to include some new facets that show the lighter side of the law and the people that make it up. We’re looking to show your outside interests that may surprise others for future stories on our members.

Whatever it is, drop me a line.

-Frank C. Trotta, Publisher DROP ME A LINE frank@firenews.com

THE

Lighter Side OF THE LAW

24 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

SUFFOLK ACADEMY OF LAW OF THE SUFFOLK COUNTY BAR ASSOCIATION

Suffolk Academy of Law Officers 2023-2024

DEAN

The Academy of Law would like to thank the following sponsors for their generous support

Jason A. Stern

EXECUTIVE DIRECTOR Cynthia L. Doerler Hon. Caren Loguercio Associate Dean & Co-Chair, Curriculum Committee Hon. Eric Sachs Co-Chair, Curriculum Committee Amy Hsu – Associate Dean Richard DeMaio – Treasurer Jessica St. Germaine - Secretary

Fusco, Brandenstein, & Rada P.C. Over 4 Decades of Top Legal Expertise

OFFICERS Laura Ahearn Mitchell T. Borkowsky Regina Brandow Christopher Clayton Hon. Cheryl Helfer Michael Kruzynski Chad H. Lennon Hon. Jennifer A. Mendelsohn Hon. Catherine E. Miller Laurette D. Mulry Brian Murphy Marianne S. Rantala Aniella Russo Philip Siegel Lynn Cosma Wenkert Hon. Evan Zuckerman Of Counsel: John H. Gross

Thank you to our Annual Sponsors:

HAVE AN IDEA FOR A CLE PROGRAM? The Academy encourages concepts for new programs proposed by the membership. A core goal of Academy programs is providing actionable information and solutions the attendees can both understand and implement after the program. Checklists, forms and other usable templates are encouraged.

Programs are approved at a meeting of Academy Officers and are subject to approval of the Board of Trustees. Many programs will go through the Curriculum Committee for further review and refinement before being sent to the Academy officers for a vote. Email your ideas to cynthia@scba.org. And don't forget - members are welcome to join us at the Academy meetings each month. Not a member? Email tina@scba.org

ENJOY OUR PROGRAMS? Connect with the Academy on Facebook, Twitter and LinkedIn to see and hear more about our programs and activities!

Facebook https://www.facebook.com/TheSuffolkAcademyofLaw/ Twitter https://twitter.com/SuffolkAcademy LinkedIn https://www.linkedin.com/company/4065351/admin/

FIND THE SUFFOLK ACADEMY OF LAW NOVEMBER 2023

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 25

Congratulations

40 UNDER FORTY!

Lecturer at Hofstra University

Lecturer at Hofstra University

26 THE SUFFOLK LAWYER • The Off icial Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

SUFFOLK ACADEMY OF LAW OF THE SUFFOLK COUNTY BAR ASSOCIATION

EAST END ELDER LAW SERIES The Suffolk Academy of Law is proud to offer attorneys an overview in elder law and special needs practice by offering innovative educational courses to help expand your knowledge and sharpen your skills. This program is designed for current elder law attorneys, lawyers who represent elderly clients or younger clients with aging

parents, and professionals involved with this constantly evolving field. These programs are offered in hybrid format and will be held at the Suffolk County Surrogate Court, 320 Center Drive South, Riverhead, NY from 2:15 – 3:15 p.m. Lunch and refreshments will be provided.

SPACE IS LIMITED SO WE ENCOURAGE YOU TO SIGN UP EARLY! SCBA member pricing - $36 each course or $155 for the full series Non-Member pricing - $51 each course or $230 for the full series SCBA law student members - $0 MEDICAID LIENS & AVOIDING ESTATE RECOVERY THURSDAY, NOVEMBER 2, 2023 1.0 PROFESSIONAL PRACTICE FACULTY: Emily Franchina, Esq. Franchina Law Group

Paralegal/legal administrators/legal assistants: SCBA member - $18 each course or $80 full series Non-Member - $27 each course or $115 full series

APPEALING DENIALS & REDUCTION IN COMMUNITY MEDICAID: PRACTICE TIPS TO GET THE CARE YOUR CLIENT NEEDS THURSDAY, NOVEMBER 9, 2023 1.0 PROFESSIONAL PRACTICE FACULTY: Denise Snow, Esq.

This series is generously sponsored by:

ENJOY OUR PROGRAMS? CONNECT WITH THE SCBA ON FACEBOOK, TWITTER, INSTAGRAM, AND LINKEDIN TO SEE AND HEAR MORE ABOUT OUR PROGRAMS AND ACTIVITIES! Facebook https://www.facebook.com/SuffolkCountyBarAssociation/ Twitter https://twitter.com/SuffolkBarAssoc LinkedIn https://www.linkedin.com/company/suffolk-county-bar-association/about/

Suffolk Academy of Law Financial Aid Policy

T

he Suffolk Academy of Law, the educational arm of the Suffolk County Bar Association, is a non-profit 501 c 3 corporation chartered by the state of New York Board of Regents.

The Academy is accredited by the Office of Court Administration to provide educational courses that satisfy Mandatory Continuing Legal Education requirements in New York. The Academy’s standard policy is to make continuing legal education courses accessible to all who need them and toward that end maintains a reasonable tuition schedule that considers the financial exigencies of the surrounding legal community, accepts charge cards, provides interest-free extended payment plans, and grants full or partial tuition scholarships under appropriate circumstances. Every attempt will be made to keep the names of the individuals who seek hardship assistance and the information disclosed confidential. After completion of the Financial Aid application, unemployed attorneys are eligible to receive a full scholarship.

For attorneys with annual incomes of $50,000 or less the sliding scale at right will be applied:

NOVEMBER 2023

Unemployed

Full Scholarship Income up to $50,000

75% discount Income $50,000 to $75,000

50% discount Income above $75,000 no discount

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 27

SUFFOLK ACADEMY OF LAW OF THE SUFFOLK COUNTY BAR ASSOCIATION

2023 CLE COURSES BANK FAILURES AND IOLA LAWYERS’ OBLIGATIONS WEDNESDAY, NOVEMBER 8, 2023 5:30 P.M. – 7:30 P.M. 2 ETHICS MCLE LIVE ONLY The failures of Signature and Silicon Valley Banks raise important questions about how an IOLA account will be affected should the bank fail. This CLE course will give you important information regarding a lawyer's obligations with respect to IOLA accounts and the lawyer's responsibilities in the event the balance exceeds $250,000 and/or in the event that the bank in which the account is placed either fails or appears shaky.

FACULTY: Mitchell T. Borkowsky, Esq., former Chief Counsel of the Grievance Committee for the 10th Judicial District, Robert Guido, Esq., former Chief Counsel of the Grievance Committee for the 10th Judicial District, Erin M. Benesch, Esq., SCBA Ethics Committee Sponsored by:

FAIR AND EQUITABLE HOUSING REGULATIONS, PRACTICING DIVERSITY EQUITY AND INCLUSION (DEI) AND REAL ESTATE LEGAL ETHICS TUESDAY, NOVEMBER 14, 2023 12:00 NOON – 1:50 P.M. VIRTUAL WEBINAR President Lyndon Johnson signed the Civil Rights Act of 1968. Title VIII of the ACT is significant as it is known as the Fair Housing Act of 1968. It protects people from discrimination when they rent, buy, or secure financing for housing.This course will focus on the due diligence that should be exercised in assisting your clients to make the proper thought-out decisions when signing a residential contract to either sell or purchase a home.

Faculty: Margaret T. Ling, Esq., NYS Agency Business Development & Underwriting Counsel, Amtrust Title Insurance Company, Jason Ganfer, Esq., Partner, Goldberg Segalla Tuition for this program has been generously underwritten by:

FROZEN EMBRYO DISPUTES WEDNESDAY, NOVEMBER 29, 2023 6:00 P.M. -9:00 P.M. LIVE ONLY The happy couple, having trouble conceiving SURROGATE’S COURT GAME NIGHT a child, have created and frozen embryos.

THURSDAY, NOVEMBER 16, 2023 They have now separated/divorced and all 5:30 P.M. – 7:30 P.M. LIVE ONLY the embryos have been distributed to the biGather your colleagues and form a team! ological mother OR father. Two years later, Join us for this fun interactive way to learn two of the embryos are implanted resulting about the various issues in Surrogate’s Court in the birth of a child. What if any rights practice. Hear from experienced practition- and/or obligations does the other party have ers who will answer questions in the follow- to the “after born child” regarding child suping areas: port and/or parenting time? What if any • Fundamentals of Trusts and Estates rights do the “after born child” have to the • Overview of Surrogate’s Court Procedure estate of his/her biological parent? Does the Act “after born child” have the right petition for support against the other biological parent?

• Various proceedings in Surrogate’s Court Join us for an interactive discussion regardFACULTY: ing this and a host of other issues. This CLE Lori A. Sullivan, Esq. is a must for AFCS, matrimonial, family and Meltzer, Lippe, Goldstein & estate court practitioners.

Breitstone, LLP, Faculty: Hon. Cheryl Helfer Sally M. Donahue, Esq. Court Attorney Referee Court Attorney Referee, NY County Surrogate’s Court, JUDGMENT DAY: LEGAL AND ETHICAL John P. Graffeo, Esq. ISSUES IN THE AGE OF A.I. Novick & Associates, PC TUESDAY, DECEMBER 5, 2023 Moderated by: Hon. Vincent J. Messina, Jr., Surrogate 5:30 P.M. – 7:30 P.M. LIVE ONLY Pre- Registration – Surrogate’s Court There has been a meteoric rise in the use of artificial intelligence (A.I.) and A.I. tools like Jeopardy. ON-LINE: www.scba.org ChatGPT. Lawyers must be familiar with this Sponsored by: technology as well as the ethical issues and other risks associated with its use. This program will serve as both an introduction to the use of A.I. and ChatGPT through an interactive presentation by John Vodopia CRIMINAL LAW PROCEDURE (Chair of the SCBA’s Intellectual Property AND UPDATE Committee), followed by a panel discussion LIVE AT DOMUS AND VIRTUAL on the ethical pitfalls and future of artificial TUESDAY, NOVEMBER 28, 2023 intelligence.

1:00 P.M. – 4:00 P.M. FACULTY: Hon. Linda Kevins PRESENTED JOINTLY BY THE Supreme Court Justice, SUFFOLK AND NASSAU ACADEMIES Co-Chair of the SCBA’s A.I. Committee, OF LAW Don’t miss out on this perennial favorite for Hon. James C. Hudson Supreme Court criminal law practitioners with our distin- Justice, Co-Chair of the SCBA’s guished faculty, Hon. Mark D. Cohen and Professional Ethics Committee, Kent V. Moston. They will address develop- Harvey Besunder, Esq., ments in federal and state case law and re- Egan & Golden, LLP, Co-Chair of the SCBA’s Commercial cent statutory changes.

Division Committee, FACULTY: Mitchell Borkowsky, Esq., Honorable Mark D. Cohen (Ret.) Law Office of Mitchell T. Borkowsky, Distinguished Jurist in Residence, Touro University, Jacob D. Fuchsberg Former Chief Counsel to the New York State Grievance Committee, Law Center, Central Islip, Tenth Judicial District, John F. Vodopia, Kent V. Moston, Esq. Esq.Chair of the SCBA’s Intellectual Training Director, Legal Aid Society Property Committee of Suffolk County

28 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

SUFFOLK ACADEMY OF LAW OF THE SUFFOLK COUNTY BAR ASSOCIATION

2023 CLE COURSES USERRA: LEGAL PROTECTION FOR SERVICEMEMBERS WEDNESDAY, DECEMBER 6, 2023 1:00 P.M. – 2:00 P.M. VIRTUAL WEBINAR USERRA protects civilian job rights and benefits for veterans and members of the active and Reserve components of the U.S. armed forces. Further, USERRA protects employees from discrimination due to military service.

Therefore, an employer may not deny initial employment, reemployment, retention in employment, promotion, or any employment benefits based on an employee's military service.

FACULTY: Chad Lennon, Esq. Senior Associate Attorney, Tully Rinckey, PLLC

CPA’S & ESQ’S – SPOUSAL LIFETIME ACCESS TRUST, IRREVOCABLE LIFE INSURANCE TRUST AND THE NYS ESTATE TAX CLIFF THURSDAY, DECEMBER 14, 2023 5:30 P.M. – 7:00 P.M. PROGRAM RECEPTION TO FOLLOW LIVE ONLY Join us to kick off the program with a meet and greet reception with our sponsors and partners on the M & T Bank and Wilmington Trust team. The program will help you to understand the SLAT, ILIT & The “Santa Clause”. As 2026 quicky approaches, these trust and estate strategies are critical planning vehicles of choice for your clients. Learn drafting techniques and advice for your client(s) on how to take advantage of the large federal estate tax exemption before it’s sunset.

You will learn: • Tax issues for your clients • Tips for estate tax planning before the federal estate tax sunset of December 31, 2025 • SLATs are not just for spouses • The benefits of an Irrevocable Life Insurance Trust • Various techniques to avoid the NY Estate Tax Cliff and perhaps provide that cushion for the estate • The sweet and not so sweet spot for NYS estate taxes This December, CPE & CLE will be located at the newly opened community outreach and educational M&T Advice & Learning Center located at 133 Main Street, Westhampton Beach, NY. Mingle with your colleagues over holiday refreshments and food, bring a toy for USMC Toys for Tots, and have a chance to win a basket of holiday goodies.

FACULTY: Aaron E. Futterman, CPA, Esq., Partner at Futterman Lanza & Pasculli, LLP Matthew Lee, Director of Wealth Strategies, Wilmington Trust Thomas Haberlack, Esq., Law Office of Thomas C. Haberlack, P.C. Tuition generously provided by

ARE YOU A

RUNNER? We are looking for members who are runners for an upcoming article PLEASE CONTACT FRANK AT FRANK@FIRENEWS OR (631) 286-4566

NOVEMBER 2023

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 29

L FFO K CO U S

NY Y 1908

OCIATION SS

TY BAR A UN

S A SCBA Pro Bo ono P Projec ct

FREE FR EE LE EGA AL CLIN C NIC is hossting a

for Veterrans Thurrsday,, Novem mber 2, 2023 11:00AM A – 3:00PM Suffolk k County Bar B Assoc ciation 560 Whe eeler Road, Hauppa auge, NY 11788 (LIE E to exit 56, 56 ¼ mile north on n the left)

Email vets@sscba.org witth your name e and phone number to schedule s an appo ointment for November 2nd 2 between n 11:00 am – 3:00 pm.

SCBA P Pro Bono Pro oject

• Veterans Rights eneral Disability • Ge • Gu uardianship • Po ower of Attorney • He ealth Care Proxy • Re eal Estate • Fam mily/Matrimoniall • Em mployment

• EOC Housing • Public Benefits port • Child Supp • Bankruptc cy • Financial Advising/Finance e Assistance G Resources • National Guard oject – Peer Serviices • Dwyer Pro

SUFFOLK ACADEMY OF LAW OF THE SUFFOLK COUNTY BAR ASSOCIATION

CLE PROGRAMS AVAILABLE

ON

ON-DEMAND AND DVD For ondemand viewing, visit scba.org/?pg=Store, go to the store and place your order.

NOW!

MISSED A CLE COURSE? SEE IT WITH ON-DEMAND DUE DILIGENCE AND RESIDENTIAL REAL ESTATE DO NOT SIGN THE CONTRACTS YET! 1 PROFESSIONAL PRACTICE FACULTY: Margaret T. Ling, Esq. NYS Agency Business Development & Underwriting Counsel, Amtrust Title Insurance Company INTELLECTUAL PROPERTY FOR THE GENERAL PRACTITIONER 1 PROFESSIONAL PRACTICE FACULTY: John F. Vodopia, Esq. Chair, SCBA Intellectual Property Committee CAN YOU? SHOULD YOU? WHEN YOUR ESTATE CROSSES STATE LINES .5 PROFESSIONAL PRACTICE .5 ETHICS FACULTY: Jennifer F. Hillman, Esq. Partner, Rivkin Radler, LLC Jill Choate Beier, Esq. Partner, Norfolk Beier, PLLC SERVING PROCESS IN THE NEW YORK STATE FORECLOSURE ACTION 1 PROFESSIONAL PRACTICE FACULTY: Paula Parrino, Esq. Nationwide Court Service NEEDED ELDER LAW TESTAMENTARY/ADVANCED DIRECTIVES 1.0 PROFESSIONAL PRACTICE FACULTY: Ashley M. Valla, Esq. Haley, Weinblatt & Calcagni, LLP

NOVEMBER 2023

THE MEDICAID APPLICATION – COMMUNITY VS. CHRONIC 1.0 PROFESSIONAL PRACTICE FACULTY: Melissa Negrin - Wiener, Esq. Cona Elder Law, PLLC SPECIAL NEEDS TRUSTS (DIFFERENCE BETWEEN 1ST AND 3RD PARTY) FOR PEOPLE WITH DISABILITIES 1.0 PROFESSIONAL PRACTICE FACULTY: LaToya R. James, The James Firm, PLLC Rochelle L. Verron, Esq., Verron Law Group ARTIFICIAL INTELLIGENCE AND DEEP FAKE PORNOGRAPHY 1.5 PROFESSIONAL PRACTICE FACULTY: Daniel Szalkiewicz, Esq. Daniel Szalkiewicz & Associates, P.C.

ANNUAL CPLR UPDATE 3.0 PROFESSIONAL PRACTICE FACULTY: Professor Patrick Connors The Albert and Angela Farone Distinguished Professor of Law in New York Civil Practice at Albany Law School; Author: Siegel & Connors, New York Civil Practice (6th ed. 2018), available at: https://legalsolutions.thomsonreuters.com/l aw-products/Practice-Materials/New-YorkP r a c t i c e - 6 t h - P r a c t i t i o n e r -Tr e a t i s e Series/p/105253423. His publications have been cited in over 200 reported cases.

SECRETS OF SEQRA 1 PRACTICE MANAGEMENT FACULTY: Jason A. Stern, Esq. Partner and Litigation Director Weber Law Group, LLP

REPRESENTING A VICTIM OF DOMESTIC VIOLENCE HANDLING DOMESTIC VIOLENCE 2 PROFESSIONAL PRACTICE WHEN A COMPLAINANT ISN’T 1 DIVERSITY FACULTY: COOPERATING Hon. Andrew A. Crecca 1.5 PROFESSIONAL PRACTICE FACULTY: District Administrative Judge Hon. John Kelly, District Court Judge, Hon. Caren Loguercio Acting County Court Judge, DV1/HT1 Supervising Judge of the Family Court Lisa Torres, Resource Coordinator, HOW SUBSTANCE ABUSE PLAYS A District Court ROLE IN DOMESTIC VIOLENCE Lisa Ross, Esq., Associate Court 1 PROFESSIONAL PRACTICE Attorney, District Court MODERATOR: Jessica St. Germaine ANIMAL LAW AND FACULTY: Anthony Rizzuto, Seafield DOMESTIC VIOLENCE 1 PROFESSIONAL PRACTICE FACULTY: Melissa Gillespie, Esq., Law Office of Melissa Gillespie Christiana McSloy, Esq., Chief Deputy County Attorney

www.scba.org • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER 31

FREE CLE COURSE TRACKING! Follow these instructions to obtain your CLE certificate

1) Go to SCBA.org 2) Member Log In (upper right corner) 3) If you do not know your username or password, click the area below and enter your email that is on file with SCBA. Follow the prompts to reset your username and password.

4) After you log in, hover over your name and you will see “Quick Links”. Below that you will see: a. My SCBA b. My CLE History

c. Update My Information d. Update My Committees 5) Click on My CLE History, you will see the courses you have attended. Off to the right side you will see the Icon for certificates.

You are now able to download the certificate, print it or save it.

You may go to your history and review the courses you have taken in any given year!

6) CLE certificates will no longer be mailed or emailed.

Certificates will be available within 10 days after the course.

SET UP FOR SUCCESS! Our new membership campaign—Set Up for Suc- more visible and highlighting the value and impact cess —is designed to engage and excite new and of networking and collegiality in the Suffolk County existing members by making the work of the SCBA legal community.

REFER A COLLEAGUE AND EARN A SPECIAL GIFT! Earn a gift when you refer a colleague to become a member of the SCBA. All new members are entitled to member benefits immediately upon joining. To qualify for your gift, just have the new member specify your name as the referring member.

MEMBERS RECEIVE: • $50 toward any CLE course • Personalized CLE tracking • Access to the monthly E-Newsletter • Access to the online member directory • Copy of the Legal Brief • An invitation to join the SCBA Lawyer Referral & Information Service to help increase your client base • Updates on the latest Court news • Networking with Suffolk County’s most esteemed Judiciary • An invitation to become

involved and join more than 45 open SCBA committees • Networking with SCBA leadership • Invitation to SCBA member only events • 10% off the 8 classes per month and unlimited single studio memberships at Club Pilates in Melville, Commack, and Woodbury. $99 enrollment fee is waived!

• $1,500 off the first month’s rent at any of the Bristal Assisted Living Communities

Call Tina at (631) 234-5511 x 222 or email tina@scba.org for details today and Set Up For Success!

MEMBER DUES • MEMBER DUES • MEMBER DUES Now more than ever it is absolutely essential to remain an active member of your professional Association! The issues facing us today are numerous, complex and will have a great impact on the future of the legal profession. Dedication to your legal profession is an excellent reason to renew your SCBA membership and there are many more too numerous to mention. If you HAVE renewed your annual dues please accept our sincerest thanks for your continued support of your Bar Association! If you HAVEN'T renewed, please take a moment to pay your annual SCBA Membership dues.

If you wish to make your dues payment online, you will need the following:

1) Go to SCBA.ORG 2) Have your SCBA Membership ID # handy 3) Click on Quick Links at the top of the landing page.

4) You'll see a Welcome! message.

5) Click on My Dues Renewals For any questions regarding your PAY YOUR DUES USING Membership ID, if you would like to be resent an Invoice or to renew by check or over the phone you can contact: SCBA Headquarters at 631-234-5511 x 222 or email Tina@scba.org

When you renew your membership, log into the website to be sure we have your current email, phone number and company name and address.

32 THE SUFFOLK LAWYER • The Official Publication of the Suffolk County Bar Association • www.scba.org

NOVEMBER 2023

SLA AT, ILIT & The

“S Santa C la ause e” Thursday, December 14th CLE Program: 5:30PM – 7PM Tuition u generously spo sponsor nsored by

Reception immediately following at 7PM ffor a meett and d greett with ith our sponsors and a partners on the M & T Bank and Wilmington Trust team

M & T Financial Center

133 Main Street Westhampton e Beach, NY 11978

Miingle with your colleagues over holiday r efr eshments and food R E G I S T E R AT S C B A . O R G