COME . . . and BE a STUDENT AGAIN! NCBA COMMITTEE MEETING CALENDAR by Daniel W

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tHe JoURNAL oF tHe NAssAU CoUNtY BAR AssoCiAtioN April 2019 www.nassaubar.org Vol. 68, No. 8 Follow us on Facebook COME . . . AND BE A STUDENT AGAIN! NCBA COMMITTEE MEETING CALENDAR By Daniel W. Russo sity, inclusion and elimination of bias as part of their biennial registration. All diversity Page 22 When I was fortunate enough to be inducted last June as Dean of the Nassau Academy of and inclusion courses have the shared theme Law, one of the goals I hoped to achieve was of not only making us better attorneys, but THE getting our members to come to Domus and Be better individuals. SAVE DATES Students Again. The Nassau Academy of Law, The Diversity and Inclusion Committee, LAW DAY quite simply, is the premiere provider of CLEs chaired by District Court Judges Linda Mejias FREE SPEECH, FREE PRESS, for NCBA members and there simply is no bet- and Maxine Broderick, is at the forefront of FREE SOCIETY ter time to come to Domus and take advantage crafting innovative and timely CLE programs. Wednesday, May 1, 2019 of the wide array of programs and seminars For example, the Committee’s first outing was being offered. Come listen, learn, earn those a trial re-enactment of the landmark civil 5:30 p.m. at Domus CLE credits and . . . Be Students Again. rights trial, Meredith v. Fair, regarding racial See pg. 23 The biggest event of the membership year integration of higher education in the South. officially kicked off this past June and has Twenty-five NCBA members read for the 120TH ANNUAL NCBA truly re-energized the Bar Association. In an parts of attorneys, witnesses and judges and extraordinary move aimed at providing a true DINNER DANCE the re-enactment was a fascinating look at a member benefit, CLEs are included with your trial held decades ago that addressed social Saturday, May 11, 2019 dues. All members of the Association can issues that remain at the forefront of our MAKE YOUR RESERVATION TODAY take advantage of free unlimited live CLEs, country today. See Insert and pg. 6 including free Bridge-the-Gap weekend, free If you were unfortunate enough, however, committee CLEs, and twelve free credits of to miss the Meredith re-enactment, have no CD/DVD rental. It’s been a great year at the NCBA AND NAL fear, the Diversity and Inclusion Committee’s Academy and the Bar Association, full of new next Academy re-enactment will take place INSTALLATION OF OFFICERS ideas and energy, and we are excited for the @ t.r.o.t.z via depositphotos.com on May 7, 2019. This re-enactment of Korem- Tuesday, June 4, 2019 months and years to come. atsu v. United States depicts the arrest and 6:00 p.m. at Domus One of the main focuses of the Academy example of this has been the brilliant work trial of Fred Korematsu, a Japanese-Amer- this year is cooperation and conjunction with of the Diversity and Inclusion Committee in ican who refused to go to a concentration the 50+ substantive committees. We continue bringing exceptional, cutting edge programs camp after President Roosevelt issued Exec- WHAT’S INSIDE to look to the committees to keep us informed to the Academy this year. utive Order 9066, uprooting some 120,000 about what’s new and what’s relevant and we As all of you know, as of July 1, 2018, the Japanese-Americans — two-thirds of them GENERAL LAW expect our committee leaders to bring these New York State CLE Board requires all expe- Religion and Football: First Amendment topics to our members via CLEs. A perfect rienced attorneys to have one credit in diver- See STUDENT, Page 12 Rights on the 50-Yard Line Page 3 If I Could Turn Back Time, If I Could Find A Way: De-Acceleration Notices and the Statute of Limitations Page 5 LAW DAY 2019 Intellectual Property Issues and Social For NCBA Members Media Promotions Page 6 Free Speech, Free Press, Free Society Notice of Social Media and Discovery: Nassau County Bar Association One Year after Forman Page 7 KEYNOTE SPEAKER By Ann Burkowsky Annual Meeting Forecast: Hazy with Some Clearing: Freedom of speech and press are among May 14, 2019 = 7:00 p.m. Developments in Hazing Laws Page 8 the most important liberties for a free soci- Domus The Ins and Outs of a BCL §1118 ety within the United States and many coun- 15th & West Streets Hearing Page 9 tries around the world. Free Speech, Free Mineola, NY 11501 Press, Free Society is this year’s focus topic at Tips for the Litigator: How to the Nassau County Bar Association’s upcom- Keep Your Arbitration Economical Proxy statement can be found on the ing Annual Law Day Awards Dinner on insert in this issue of the Nassau and Efficient Page 10 Wednesday, May 1, 2019. Lawyer. The Annual meeting will A Wedding Story Page 11 The evening will commence with a cock- confirm the election of NCBA officers, tail reception beginning at 5:30 PM, suc- directors, Nominating Committee BOOK REVIEW members, and Nassau Academy of ceeded by a dinner and awards presentation Typography for Lawyers, 2nd Ed. Law officers. at 6:30 PM. Following the cocktail reception, by Matthew Butterick Page 16 the NCBA will be honoring four individuals A complete set of the By-Laws, for their dedication and commitment to including the proposed amendments, can be found on the Nassau County the legal community. There will be three OF NOTE Bar Association website at award categories this year that include the www.nassaubar.org. Copies are NCBA MEMBER BENEFIT - I.D. Liberty Bell Award, Peter T. Affatato Court available at the reception desk at CARD PHOTO Employee of the Year Award and Thomas Domus, or by mail upon request.

Obtain your photo for Secure Pass Maligno Pro Bono Attorney of the Year Stone Grissom, Esq. Award. Rosalia Baiamonte Court ID cards at NCBA Tech Center Journalist Secretary ONLY FOR NEW APPLICANTS News 12 Long Island Anchor See LAW DAY, Page 12 Cost $10 • May 7, 8 and 9, 2019 9 a.m.- 4 p.m. UPCOMING PUBLICATIONS CONFIDENTIAL HELP IS AVAILABLE TO LAWYERS AND JUDGES COMMITTEE MEETINGS alcohol or drug use, depression or Thursday, May 2, 2019 12:45 p.m. other mental health problems Thursday, June 6, 2019 12:45 p.m. Call Lawyer Assistance Program (888)408-6222 WE’RE NOT AAA. WE’RE THE MAJORS.

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990 Stewart Avenue, 1st Floor, Garden City, NY 11530 Additional Locations: Manhattan, Brooklyn, Staten Island, Westchester and Buffalo (800) 358-2550 / www.namadr.com The Better Solution® Nassau Lawyer April 2019 3 Religion and Football: First Amendment Rights on the 50-Yard Line

Recently, the United States Supreme Court Since 2008, Coach Joseph Kennedy held cipal or primary effect” of the challenged heard two cases involving the Establishment a post-game group prayer, with players and practice attributable to a governmental entity Clause of the First Amendment to the Unit- several parents joining him. In 2015, the is “one that neither advances nor inhibits ed States Constitu- school district ordered him to refrain from religion.”11 Since then, Lemon has been the tion. One involves a this practice and he initially complied. Later, dominant analytical framework in Establish- 93-year- old, 40-foot he decided that his faith required him to offer ment Clause cases. 12 war memorial Peace a post-game silent prayer on the 50-yard line In County of Allegheny v. ACLU, the 3 ACLU challenged the placement of a creche Cross on public after each game. In response, the Bremer- (or nativity scene) inside a county court- property in Bladens- ton School District placed Kennedy, after house, as well as the display of a Christmas burg, Maryland. On eight years of service as a football coach, on administrative leave. They also gave him his tree and a Menorah in a town square. Using February 27, 2019, @ 33ft via d epositphotos.com the Lemon analysis, the court allowed the the Supreme Court first negative performance review, and the following year did not rehire him. tree and menorah, but not the creche. In the heard oral argu- argument the school board allegedly failed to Court’s opinion, the placement of the creche Consequently, Kennedy sued the school accommodate his exercise of religion. ments, and a deci- within the courthouse, without secular imag- district in 2016, alleging violations of his Any understanding the Supreme Court’s sion is pending.1 es to detract from the religious nature of the Ellin Cowie rights under the Free Speech and Free Exer- jurisprudence regarding the free speech The other display, crossed the line. cise Clauses of the First Amendment4 and rights of public employees begins with the involves a football In recent years, Lemon has been used to Title VII of the Civil Rights Act of 1964.5 He Court’s oft-quoted maxim in Tinker v. Des coach at public high challenge a school district’s offering of yoga also sought a preliminary injunction against Moines Independent Community School Dis- school in Washington State. The coach was trict: “It can hardly be argued that either classes; opponents calling it an establishment the school board for its allegedly retaliatory 13 not rehired after kneeling on the 50-year students or teachers shed their constitutional of Hinduism. Last year, in Citizens for employment decision. Quality Education San Diego v. Barrera,14 line giving thanks to God following foot- The lower court denied the injunction, rights to freedom of speech or expression at the schoolhouse gate.”8 parents in a school district sued challenging ball games. In Kennedy v. Bremerton School and its decision was upheld by the Ninth Cir- Kennedy disputes that he acted within his official capacity a school program countering anti-Muslim District, the Supreme Court denied a writ of cuit Court of Appeals which held that since during the post-game prayer.9 Even if the bullying. Likewise, several lawsuits have aris- certiorari to the Ninth Circuit, but signaled Kennedy was “speaking” as a public official en challenging the government’s decision to its willingness to hear the case once factual Supreme Court finds otherwise, it may yet on the field, his silent prayer on the 50-yard conclude that Kennedy’s gesture on the allow the Jewish community to utilize black issues concerning the “likely reason for the line amounted to an official endorsement 50-yard line passes constitutional muster pipe tied to utility poles to designate spaces school district’s conduct” are resolved in of religion.6 The Supreme Court remanded under the Establishment Clause. where they can perform tasks not otherwise the lower court. Justice Alito’s concurrence the case to the lower court for more specif- permitted on the Sabbath.15 In all these chal- telegraphed the Court’s likely intention to set ic findings concerning Kennedy’s specific Establishment Clause’s Lemon Test lenges, the petitioners use Lemon to bolster new precedent: “The Federal appeals court’s job duties at the time he was kneeling in In 1971, the Supreme Court decided their claims that the government’s decisions understanding of the free speech rights of prayer.”7 This article will discuss the Estab- Lemon v. Kurtzman,10 which promulgated a violate the Establishment Clause. public school teachers is troubling and may lishment Clause versus the free speech rights tripartite test for Establishment Clause cases. justify review in the future.”2 aspect of the case, leaving aside Kennedy’s Essentially Lemon asks whether the “prin- See FOOTBALL, Page 13

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The Hon. Joseph Covello, former appellate division judge and Christopher J. Chimeri are frequently sought by colleagues in the legal community to provide direct appellate representation for clients, as well as consulting services to fellow lawyers. The firm’s appellate team is highly equipped to navigate, or help Get the Info you need to you navigate, the complexities and nuances of appellate practice, including all aspects of matrimonial and family law in all Departments make an informed decision. in New York State and the Court of Appeals, as well as civil and Call or write for backup articles. commercial matters Quatela | Chimeri pllC Henry Montag CFP attorneys and Counsellors at law 516 695-4662 888 Veterans Memorial Highway, Suite 530 215 Willis Avenue www.thetolicentereast.com Hauppauge, New York 11788 Mineola, New York 11501 [email protected] (631) 482-9700 (516) 750-8811 www.QCLaw.com 4 April 2019 Nassau Lawyer Nassau Lawyer The Official Publication of the Nassau County Bar Association 15th & West Streets, Mineola, N.Y. 11501 Phone (516)747-4070 • Fax (516)747-4147 www.nassaubar.org E-mail: [email protected] NCBA Officers President Elena Karabatos, Esq. President-Elect Richard D. Collins, Esq. Vice President Dorian R. Glover, Esq. @ rytova.maria.yandex.ru via depositphotos.com Treasurer Gregory S. Lisi, Esq. Secretary Rosalia Baiamonte, Esq. Ushering in Spring Executive Director Elizabeth Post

Editors-in-Chief at the Bar Association Rhoda Y. Andors, Esq. Anthony J. Fasano, Esq. Spring is finally here. The days are getting longer, women in our profession. This year, the inaugural Copy Editor the temperature is warming up, and soon the leaves seminar highlighted the life and career of renowned Allison C. Shields, Esq. and flowers will bloom. It is a wonderful time of the U.S. Supreme Court Justice Ruth Bader Ginsberg. A Editor/Production Manager year when we hang up our winter coats, take in the screening of the critically acclaimed documentary Sheryl Palley-Engel fresh air, and celebrate new beginnings. “RBG” was followed by a panel discussion focusing Photographer The spring season also kicks off a very special on lessons to be learned for all practicing attorneys, Hector Herrera celebration — Women’s History Month. Annually men and women alike. The program was presented April 2019 in March, people around the country commemorate in cooperation with the NCBA Women in the Law women of our past, honor the women of our present, General Law Committee and the Nassau County Women’s Bar Ellin Regis Cowie, Esq. and inspire the men and women of our future. We, as Association. a nation, learn and reflect on the contributions and Focus Editor The Nassau Academy of Law will also host a Rhoda Y. Andors, Esq. advancements women have made throughout history program on April 30 featuring Chief Judge Dora L. Rudolph Carmenaty, Esq. and continue to make now, and we hear and tell sto- Irizzary of the U.S. District Court for the Eastern Christopher J. DelliCarpini, Esq. ries about the lives of so many women that have made From the District of New York, who will moderate a panel Andrea M. DiGregorio, Esq. a significant impact on us today. discussion on some of our most fundamental con- Anthony J. Fasano Women’s History Month is a very important obser- President stitutional rights. The program will highlight U.S. Thomas McKevitt, Esq. vance, especially now. History has largely focused on Supreme Court Justice Sonia Sotomayor’s contri- Tammy Smiley, Esq. men and the male perspective. However, there are Elena Karabatos butions to the jurisprudence as the first Hispanic so many pioneering women and momentous roles Supreme Court Justice, and as a prominent Circuit Upcoming Focus Issues women have played in history. Women’s History and District Court Judge. May 2019 Month is celebrated to emphasize the extraordinary things women These are just a couple of the ways that the NCBA is honoring Matrimonial/Family/Adoption Law have done and continue to do for our society, and also to address women in the law this year. I am especially thrilled about our new June 2019 issues that women still face in modern times, including inequality. tradition each spring to commemorate Women’s History Month, Health Care/ Intellectual Property Law Women have made great strides through history in education, particularly as the ninth woman president in the NCBA’s 120-year July/August 2019 voting rights, government, property ownership, and business, Education/Constitutional Law among other areas. The legal profession has also made a lot of history. I am proud to follow the lead of the women presidents progress toward gender equality. Women hold leading roles in the who came before me, starting with Grace Moran who was the Committee Members NCBA’s first woman president in 1994. judiciary, politics, law firm governance, and in legal departments Rhoda Y. Andors, Esq., Co-Chair of some of the largest corporations. The United States Supreme The spring season is also an exciting time for the NCBA because we will have our Annual Dinner Dance, where our Anthony J. Fasano, Esq., Co-Chair Court currently has three women jurists, representing one-third Cynthia A. Augello, Esq. of the bench. Prior to 1981, when Sandra Day O’Connor was members gather together with colleagues, family and friends for an evening of fun and celebration. This year we are not only Deborah S. Barcham, Esq. appointed to the Court, there had never before been any women Gale D. Berg, Esq. celebrating the 120th Dinner Dance but we will present the 2019 on the Supreme Court. Our own New York State Court system Wahida Bhuyan, Esq. is currently led by the Honorable Janet DiFiore, and there are so Distinguished Service Medallion to Stephen Gassman, Esq. of Deanne Marie Caputo, Esq. many other accomplished women throughout New York who hold Gassman Baiamonte Gruner, P.C. Steve is a past president of the Rudolph Carmenaty, Esq. leadership positions in the judiciary. NCBA and the founder of WE CARE, a part of the Nassau Bar Danielle Corbisiero Although women have undoubtedly made substantial advance- Foundation, the charitable arm of the NCBA. He has been such a Ellin Regis Cowie, Esq. ments, gender equality is a continuing effort and there is still a lot dynamic leader of our Bar Association and he continues to do so Christopher J. DelliCarpini, Esq. of work to be done. It is incumbent on our society to keep working much to help it prosper. Andrea M. DiGregorio, Esq. towards a better future and lead by example for the next gener- At our annual dinner, we will also honor and celebrate our Nancy E. Gianakos, Esq. ations of revolutionary women, as the women of our past (and members who have been practicing law for 50, 60 and 70 years, Naela Hasan, Esq. present) have done for us. and I am proud to present this year’s President’s Award to the Hon. Adrienne Flipse Hausch, Esq. To recognize the importance of Women’s History Month, and Jeffrey Goodstein. Congratulations Steve, Judge Goodstein and all George M. Kaplan, Esq. especially women in the law, starting this year, I am proud to of our honorees. Kenneth J. Landau, Esq. announce a new annual tradition at the NCBA. Each year in the Let’s rejoice together in all that the spring season brings. Please Michael J. Langer, Esq. spring, the NCBA will recognize Women’s History Month and the join us at the Bar for all of the great programs and events that are Douglas M. Lieberman, Esq. Nassau Academy of Law will host seminars to celebrate notable happening, and we hope to see you at the Dinner Dance in May. Thomas McKevitt, Esq. Jeff H. Morgenstern, Esq. Marian C. Rice, Esq. Allison C. Shields, Esq. Tammy Smiley, Esq. BECOME A NASSAU COUNTY Published by Long Island Business News (631)737-1700; Fax: (631)737-1890 BAR ASSOCIATION MEMBER Publisher Graphic Artist Joe Giametta Ryan O’Shea To join the Nassau County Bar Association, apply online at Nassau Lawyer (USPS No. 007-505) is published www.nassaubar.org or contact the NCBA Membership Office at (516)747-4070. monthly, except combined issue of July and August, by Long Island Commercial Review, 2150 Smithtown Ave., Suite 7, Ronkonkoma, NY 11779-7348, under the auspices of the Nassau County Bar Association. Periodicals postage paid at Mineola, NY 11501 Nassau Lawyer welcomes articles written by members of the Nassau County Bar Association that are of substantive and procedural legal interest and at additional entries. Contents copyright ©2018. Postmaster: Send address changes to the Nassau to our membership. Views expressed in published articles or letters are those of the authors alone and are not to be attributed to Nassau Lawyer, County Bar Association, 15th and West Streets, its editors, or NCBA, unless expressly so stated. Article/letter authors are responsible for the correctness of all information, citations and quotations. Mineola, NY 11501. Nassau Lawyer April 2019 5 If I Could Turn Back Time, If I Could Find a Way: De-Acceleration Notices and the Statute of Limitations As more and more foreclosure actions the statute of limitations will notice. As a result, standing newfound clarity, practitioners should add from the great recession continue to age (less only bar those payments which may present as an issue related a compliant de-acceleration notice to their than gracefully), the statute of limitations accrued more than six years to de-acceleration, as without repertoire, as a valuable tool to keep those defense under CPLR §213(4) has taken cen- beyond the start of the action. authority, there is no ability for geriatric foreclosure files on life support for ter stage as one of the more common and However, as the act of de-ac- an entity to exercise the right to just a little while longer. 21 powerful defenses available to borrowers. celeration (or revocation of the accelerate/revoke acceleration. Michael W. DeTrano is a foreclosure defense The recent attention is made all the more election to accelerate) is not Partial payment of the debt attorney working with the Law Offices of complicated by the unusual flexibility with borne from any statute or con- is insufficient to stop or reset Charles Wallshein, Esq., PLLC. He is an how the statute of limitations is calculated, tractual right, which leaves the the statute of limitations from adjunct professor at the Hofstra University’s combined with a lack of clarity in how the court in the unenviable position running,22 allowing mortgagors Maurice A. Deane School of Law Clinic contractual documents and actions of the of having to determine the sum to “test the waters” and see if and a member of the New Lawyers, Real Estate, and Alternative Dispute Resolution parties affect the limitation dates. Recently, and substance of what exact- the mortgagee is truly being Committees. His litigation practice focuses the Second Department handed down two ly constitutes a de-acceleration Michael W. DeTrano genuine in their stated intent on assisting individuals and consumers in decisions designed to help alleviate at least a act. Unfortunately, until 2018,13 to resume accepting install- foreclosure, landlord and tenant court, and part of the confusion, as it pertains the con- most, if not all, of the jurispru- ment payments, provided the with commercial claims. cept of a de-acceleration notice, in Milone v. dence on the matter focused solely on the Mortgagor does not go so far as to reaffirm 1. Milone v. U.S. Bank N. A., 154 A.D.3d 145 (2d Dept. U.S. Bank N. A.1 and Freedom Mortgage Corp. topic of what does not constitute an affir- the entire debt. 2018). v. Engel.2 mative act of de-acceleration.14 2. Freedom Mortg. Corp. v. Engel, 163 A.D.3d 631 (2d Question of Fact: Mortgagee’s Dept. 2018). Acceleration of Mortgage Debt : Criteria for Effective 3. See CPLR § 213(4). Engel Intent to De-Accelerate 4. Pagano v. Smith, 201 A.D.2d 632, 633 (2d Dept. Starts Statute of Limitations Clock Revocation Both Engel and Milone are keystone hold- 1994). 5. See Fannie Mae Uniform Instrument, Form 3033, In order to fully understand the con- In Engel, the Second Department lays ings which stand to transform what has, for ¶ 22. cept of de-acceleration, practitioners must out the first steps to the bright line rule years, been an ambiguous guessing game of 6. EMC Mortgage Corp. v. Patella, 279 A.D.2d 604, 605 first inquire into how mortgage contracts that the court would subsequently adopt procedures and policies on the part of mort- (2d Dept. 2001), citing Federal Natl. Mtge. Assn. v. Mebane, 208 A.D.2d 892, 894 (2d Dept. 1994). and their acceleration affect the statute of in Milone. Rather than merely restating the gagors seeking to invoke a right without any 7. Wells Fargo Bank, N.A. v. Burke, 94 A.D.3d 980, 983 limitations itself. CPLR § 213(4) sets the concept that the mortgagee must engage in genuine guidance as to what such a notice (2d Dept. 2012). statute of limitations for “an action based an “affirmative act of revocation during the should represent. Practitioner’s should be 8. UCC § 3-302 defines a holder in due course as “a upon a bond or note, the payment of which six-year statute of limitations,”15 the court mindful that the use of a clear letter alone holder who takes the instrument for value, in good faith; and without notice that it is overdue or has been is secured upon real property” to six years outlined exactly what it would analyze in does not alleviate the question of fact as to dishonored or of any defense against or claim to it on from the discovery of the default.3 Since order to determine whether an affirmative whether the mortgagee actually intended the part of any person.” mortgage contracts are installment con- act gives rise to an effective revocation. to resume collecting installment payments. 9. Said notice need not necessarily actually reach the mortgagor to be effective. See Beneficial Homeowner tracts, the “statute of limitations began to Specifically, the court explained that, in Despite holding that the mortgagee’s letter Serv. Corp. v. Tovar, 150 A.D.3d 657, 658 (2d Dept. run on the date each installment became addition to ceasing the pending litigation, was sufficient to satisfy the elements outlined 2017) (“failure to properly serve the summons and du e .” 4 The typical 30-year mortgage loan the mortgagee would need to “indicate above, the Milone court nevertheless refused complaint upon the defendant homeowner did not as a may, therefore, have up to 360 individual that the [mortgagee] would accept install- to dismiss the Mortgagor-Plaintiff’s com- matter of law destroy the effect of the sworn statement causes of action, each with their own stat- ment payments from the [mortgagor].”16 In plaint based upon the letter alone, referring ute of limitations, depending on the date of Engel, the parties merely agreed to with- the same as a triable issue of fact.23 With this See LIMITATIONS, Page 10 the mortgagor’s default. In order to ensure draw the pending action, via a stipulation that the entire outstanding mortgage debt to discontinue, without prejudice. The par- can be collected through the foreclosure ties explained that the reason for discon- (in addition to certain contractual obliga- tinuing the action was due to the “desire to tions common to residential real property amicably resolve this dispute and the issues mortgages),5 the mortgagee must accel- raised in the [defendant’s motion] without erate the loan. “Once a mortgage debt further delay, expense or uncertainty,”17 is accelerated, ‘the borrowers’ right and but lacked a promise to resume monthly obligation to make monthly installments installment payments. The court found ceased and all sums [become] [sic] imme- that those statements did not constitute an diately due and payable,’ and the six-year affirmative act to revoke the acceleration, Statute of Limitations begins to run on which made the mortgagee’s subsequent the entire mortgage debt.” 6 A mortgagee action untimely. seeking to exercise its option to accelerate the debt must satisfy certain elements in Milone: Three-Prong Test for order for the acceleration to be accepted Revocation by the court, and thus start the statute of In Milone, the same appellate division limitations running on the entire balance;7 elaborated further by setting forth the ele- 1. The option to accelerate must have been ments required for a proper revocation exercised by the holder of the loan,8 2. the of acceleration. While cautioning against mortgagor must be provided with notice the threat of unscrupulous lenders seeking of the decision to exercise the acceleration to utilize de-acceleration notices in form option,9 and 3. the notice must be clear only in order to avoid the consequences and unequivocal.10 This is most commonly of a looming statute of limitations without demonstrated by an acceleration letter or any intent to resume collection of monthly summons and complaint which seeks to payments18, the court ruled that, in order collect upon the entire unpaid principle to be deemed effective, an affirmative act of balance, 11 but can also occur automatically de-acceleration must: when the debt matures as per the terms of • Give the mortgagor notice of the the note. 12 mortgagee’s intent to de-accelerate Stopping the Clock by Revocation the loan, • The notice must be clear and unam- of Acceleration biguous in order to be valid and While all of these concepts and rules enforceable, and provide great guidance for a mortgag- • The notice must contain a clear ee who wishes to prosecute a foreclosure and unequivocal demand that the action, they bring to bear the important homeowner meet their prospective question what happens to the entire mort- monthly payment obligations.19 gage debt when the mortgagee no longer is The court in dicta speculated that, in the able, be it by dismissal, voluntary discon- absence of a specific statement within the tinuance, by settlement or other means, notice of de-acceleration itself, the mort- to prosecute the action? Mortgagees faced gagee may also satisfy the third element by with the dilemma of acceleration in the face means of other evidence, such as the mailing of a resolution which did not result from a of separate invoices reflecting the intent final judgment turn to the implied concept to resume collecting monthly installment of revocation of the Election to Accelerate, payments.20 As the Milone court notes, the wherein the mortgage is returned to an elements of the de-acceleration notice are installment payment contract. As a result, substantially the same as the acceleration 6 April 2019 Nassau Lawyer Join us on Saturday, May 11, 2019 at the Association’s Intellectual Property Issues and 120th Annual Dinner Dance Social Media Promotions

Long Island Marriott Promotions such as sweep- element of actionable copying.”6 stakes and contests are frequent- In cases involving visual works, Uniondale, New York ly conducted by businesses on a the analysis centers on the observ- social media platform and often ability of the copied work, includ- require an entrant to submit and ing the length of time the copied $225 per person post a photo, video or some other work is observable in the alleged- form of user-generated content ly infringing work.7 Courts have (UGC). While a fun and inter- found that film clips incorporated active way to engage with your into documentaries, film trailers Honoring the 2019 audience, these types of submis- or other works that are plainly sions have potential to expose a observable and appear prominent- Distinguished Service Medallion Recipient promotion sponsor to potential ly in the other work are likely to liability for various intellectual Terese L. Arenth exceed the de minimis threshold.8 Stephen Gassman, Esq. property-related claims, including The “fair use” defense provides trademark infringement, copy- that the “fair use of a copyrighted NCBA Past President, Founder of WE CARE right infringement and violation of rights of work for purposes such as criticism, com- publicity or privacy. ment, news reporting, teaching, scholarship, Senior Partner Gassman Baiamonte Gruner, P.C. Trademark or research,” is not an infringement of copyright.9 The fair use determination is based When UGC submissions entail an upon consideration of: (i) the purpose and entrant’s submission of a photo or video, they character of the use, including whether such We take pride in honoring the may expose a promotion sponsor to potential use is commercial or for nonprofit educational liability for infringement of a third party’s purposes; (ii) the nature of the copyrighted NCBA members who are celebrating the intellectual property right if, for example, work; (iii) the amount and substantiality of an entrant’s submission displays third-party the portion used in relation to the work as a 50, 60 and 70 year anniversary trademarks in the background, on signage whole; and (iv) the effect of the use upon the of their admission to the Bar. or on clothing. This could subject the spon- potential market for and value of the copy- sor to a Lanham Act1 claim since utilizing righted work.10 These factors are not meant to a third-party’s trademark in this manner be exclusive or constitute a bright line rule, but To take a sponsorship, place an ad in the could arguably give rise to a false association rather, are applied on a case-by-case basis.11 between the trademark owner and promotion Another potential defense to a copyright Dinner Dance Journal, sponsor, by suggesting that the trademark infringement claim is an implied license.12 or make your Dinner Dance reservation, owner: (i) is a co-sponsor of the promotion; Generally, a court can find an implied license (ii) has given permission for use of its trade- “where the copyright holder engages in con- contact Special Events at mark; (iii) endorses the promotion; and/or duct from which [the] other [party] may (516)747-4070 or [email protected]. (iv) is otherwise affiliated with the promotion properly infer that the owner consents to his sponsor. u s e .” 13 In certain circumstances, courts have If a third-party’s famous trademark is found silence or the failure to object to the use being used in a way that tarnishes the reputa- to be the equivalent of a non-exclusive license, tion of the trademark owner (for example, by particularly where the plaintiff is aware of and associating the trademark with pornography encourages the defendant’s use.14 or drugs), there could also be potential liabil- In addition to potential direct infringement VOLUNTEER ATTORNEYS NEEDED 2 ity for trademark dilution. claims, sponsors of social media promotions AU COU S N run the risk of being found contributorily or S T A Y Copyright N vicariously liable in connection with copyright B Founded A 1899 N Copyright laws could be implicated if UGC R I O infringement on the part of their promotion A T S S O C I A submissions contain copyrighted material, participants. such as music or photos. Use of copyrighted Contributory infringement involves materials in social media promotions raises a “intentionally inducing or encouraging direct number of potential issues and risks relating to infringement.”15 It can take one of two forms: OPEN HOUSE infringement of third party rights, both for the actively encouraging (or inducing) infringe- participant and the sponsor of the promotion, ment through specific acts or distributing a Thursday, June 13, 2019 unless the copyrighted material has been used product that recipients use to infringe copy- with permission, is in the public domain or rights if the product is not capable of substan- 3:00 - 7:00 p.m. falls within the parameters of parody or fair tial or commercially significant non-infring- use.3 ing uses.16 The Nassau County Bar Association, Nassau Suffolk Law Services and The Safe Center Copyright is the exclusive right of an author Vicarious infringement involves “profiting invite all attorneys to volunteer for an OPEN HOUSE. to use original creative material that has been from direct infringement while declining to fixed in a tangible form (including photos, vid- exercise a right to stop or limit it.”17 To be Any Nassau resident can come to the Bar Association’s headquarters, located at the eos, music and other content that can be used vicariously liable, a party must have “both a corner of 15th & West Streets in Mineola, and speak with an attorney. as part of online contests and promotions). legal right to stop or limit the directly infring- The copyright holder has the exclusive right ing conduct, as well as the practical ability to Attorneys knowledgeable in any of the areas of law below to copy, sell, distribute, display, exhibit, per- do so.”18 are needed to advise these residents. form and/or make derivative works from the copyrighted work.4 Direct copyright infringe- Publicity Rights ment occurs when someone violates one of Ÿ Bankruptcy Ÿ Mortgage Foreclosure & Housing The right of publicity is a state-based intel- the foregoing exclusive rights of the copyright lectual property right, which prohibits someone Ÿ Ÿ 5 Divorce & Family Issues Senior Citizen Issues holder. Unless the user either creates the from using another person’s name or likeness Ÿ Employment Ÿ Superstorm Sandy image/content, obtains permission from the for a commercial purpose without their per- copyright owner, or the image/content is in mission. Virtually every state currently recog- the public domain, use of copyrighted material nizes the right of publicity, either by statute or Attorneys DO NOT provide legal representation. in connection with a social media promotion by common law.19 Consequently, if a video or Attorneys are needed between the hours of 3:00-5:00 and 5:00-7:00 p.m. runs the risk of triggering a direct copyright photo contest submission depicts individuals infringement issue. other than the entrant, the sponsor could be If a copyright owner can make the requisite subject to claims for violation of those indi- showing of ownership and violation of one viduals’ right of publicity by posting the photo of its statutory exclusive rights, the user may or video on the sponsor’s commercial website nonetheless avoid liability if it can show that without their permission. If the photo or video the unauthorized use was either “de minimis” Volunteers please contact is posted only on the sponsor’s “fan page” of a or a “fair use.” social media site, an argument may be avail- Cheryl Cardona at (516)747-4070 or The “de minimis” use defense is considered able that it is not being used for a commercial separately from, and in advance of, the fair [email protected] purpose, depending upon the nature and use of use analysis and focuses on whether “copying the sponsor’s social media page. Conversely, the has occurred to such a trivial extent as to fall below the quantitative threshold of substantial similarity, which is always required as an See PROMOTIONS, Page 17 Nassau Lawyer April 2019 7 Social Media and Discovery: One Year after Forman

A little more than a year ago, the Court dant specifically noted that the plaintiff was As a review of the underlying history in of Appeals issued its decision in Forman posting relevant material to his Facebook Vasquez-Santos illustrates, the defendant did v. Henkin.1 This case removed the height- account. The court further noted that there not simply seek to obtain such a broad level ened standard applicable to social media was an issue with the plaintiff not being of Facebook and social media discovery at discovery in New York. Since the decision, truthful with his access to his Facebook the outset, nor was the court willing to allow and unsurprisingly, access to social media account.11 These cases are similar, however, the defendant’s expert to data mine plaintiff’s accounts in discovery has greatly increased. in that they support the proposition that accounts in the early stages of litigation. The However, courts have been mindful of bal- “blanket demands” for social media remain defendant’s requests steadily became broader ancing the privacy interests in social media improper after Forman, as both courts as plaintiff was apparently not complying posts with the potential utility of the infor- denied access to such overbroad demands. with repeated requests for the same mate- mation sought, which was a concern of The First Department Post-Forman rials, which the First Department did note, many legal commenters when Forman was and as discrepancies continued to arise with first issued. This still holds true even after Christopher F. Anthony J. Fasano Interestingly, the First Department, social media postings.17 the First Department’s recent decision in Mestecky which denied the production of Facebook Before Vasquez-Santos, the First Depart- Vasquez-Santos v. Mathew.2 information in Forman, took Forman one ment applied Forman in another case and held • balancing the potential utility of the step further in Vasquez-Santos v. Mathew. Forman v. Henkin information sought against any specif- that the demands for social media information The plaintiff in this case, a former semi-pro- “were overbroad and not reasonably tailored In Forman, the plaintiff was injured after ic “privacy” or other concerns raised fessional basketball player, alleged that he to obtain discovery relevant to the issues in the she fell from a horse owned by the defendant. by the account holder, the court became disabled after an automobile acci- case.”18 When read together, especially con- The plaintiff argued that the fall resulted in should issue an order tailored to the dent. At a deposition, however, defense sidering the lengthy record in Vasquez-Santos, “cognitive deficits, memory loss, difficulties particular controversy that identifies counsel confronted the plaintiff with pho- with written and oral communication, and the types of materials that must be tographs of him playing basketball that were the First Department remains consistent with social isolation.” At her deposition, the plain- disclosed while avoiding disclosure of posted to social media after the accident. The the Forman decision. A data mining expert tiff stated that she was a frequent Facebook nonrelevant materials; defendant then moved to compel plaintiff remains the exception and not the general rule for social media discovery. In fact, demanding user prior to the fall, which included posting • temporal limitations may also be to produce and give “access to defendant’s “a lot” of pictures, but she deactivated her expert to data mine all laptops, smart phones, access by a data mining expert will usually appropriate—for example, the court be inconsistent with Forman, which held: Facebook account about six months after should consider whether photographs cameras, Facebook accounts, email accounts, the fall “and could not recall whether any . . . social media accounts, used by plaintiff “Attorneys, while functioning as advocates for or messages posted years before an their clients’ interests, are also officers of the post-accident photographs were posted.” The accident are likely to be germane to to obtain photographs, data, . . . of plaintiff court who are expected to make a bona fide plaintiff further stated that “she had become the litigation; engaging in physical activities . . . subsequent reclusive as a result of her injuries and also to the date of the accident until present.” effort to properly meet their obligations in the had difficulty using a computer and compos- • to the extent the account may contain The First Department, in a short but signif- disclosure process.”19 ing coherent messages.”3 sensitive or embarrassing materials of icant decision, held that “access to plaintiff’s Since Forman, it is clear that courts have Given this testimony, the defendant moved marginal relevance, the account hold- accounts and devices . . . is appropriately expanded access to social media discovery to discover the entire private section of plain- er can seek protection from the court.7 limited in time, i.e., only those items posted or and removed the old heightened standard tiff’s Facebook account. While the supreme sent after the accident, and in subject matter, which once applied. It cannot be said, how- court held that posts prior to her fall were of Application of Forman i.e., those items discussing or showing defen- ever, that clients’ privacy interests are being little probative value, it did order the disclo- dant engaging in basketball or other similar overtaken by discovery. The post-Forman sure of the pre-fall pictures because plaintiff by Lower Courts physical activities.” It is important to note that courts have shown their ability to balance would be relying on them at trial. For the post- Contrary to the majority’s opinion from the defense’s expert did not get carte blanche the privacy of clients with the information fall pictures, the court noted that these were of the First Department’s decision in Forman, access to all of the plaintiff’s devices and social being sought. Where demands for discovery probative value and ordered them disclosed the concerns of “unbridled disclosure” per- media accounts as a result of this decision. of social media are likely to lead to rele- with the exception of those showing “nudity taining to social media has not occurred. Rather, the decision limits production to those vant materials and are sufficiently tailored, or romantic encounters.”4 The court further Two recent New York County Supreme devices and accounts that the plaintiff used to courts should grant the demands. Clients ordered the disclosure of private Facebook Court cases illustrate this point. receive information pertaining to him per- and attorneys on both sides need to be messages, but limited the disclosure to “show- In Mylon v. Liebowitz, defendants moved forming physical activities. Further, the meta- mindful of the types of content being posted ing each time plaintiff posted a private mes- to compel the production of, among other data of the photographs at issue was relevant on social media. When attorneys initially sage and the number of characters or words things, “all photos and videos of plaintiff because of an ongoing dispute as to when the meet with clients, the impact and reach of in the text of each private message, from the from the date of loss until the present from photographs were taken. Forman should be discussed. This will hope- date of her injury until she deactivated her At first blush, this case would seem to be a her smart phone, social media accounts, fully avoid the unpleasant conversation with Facebook account.”5 and computers.” The court, in denying the significant expansion of Forman. As a review a client that a data mining expert needs the On appeal, the First Department, consis- request, held that the defendants failed to of the underlying record reveals, however, client’s username and password for multiple tent with its prior rulings and those of the meet the initial burden required for such the First Department’s decision was well in social media accounts. other departments at that time, vacated the discovery and failed “to even attempt to line with Forman. There was a contentious lower court’s holding requiring production narrow or limit the requested discovery to relationship regarding the production of Christopher F. Mestecky is a member of the with the exception of those photographs being eliminate material that would be irrelevant Facebook information which is not illustrat- firm Guercio & Guercio, LLP, and chairs the introduced at trial. The majority stated that to the instant action.” The court took specific ed in the decision. In an initial motion paper firm’s personal injury litigation group. its precedent did not create a heightened aim at the defendants’ “blanket demands” in the lower court for Facebook information, Anthony J. Fasano is an attorney with standard for social media discovery and point- for social media, “which would yield every defense counsel attached several noteworthy the firm Guercio & Guercio, LLP, and is a ed to its other holdings requiring a “factual photograph or communication plaintiff has photos to the motion, with some showing the co-chair of the Publications Committee. predicate” outside of the social media realm. on any topic prior to and since the motor plaintiff engaging in a basketball game “six Without the factual predicate, the majority vehicle accident.” 8 days following the motor vehicle accident, 1. 30 N.Y.3d 656 (2018). stated, there would be “unbridled disclosure” In Paul v. The Witkoff Group, the court and game photos posted August 25, 2013, 2. 168 A.D.3d 587 (1st Dept. 2019). 6 3. Forman, 30 N.Y.3d at 659. of social media. ordered the disclosure of data associated show[ing] plaintiff actively taking part in the 4. Forman v. Henkin, Index No. 113059/2011, 2014 WL The Court of Appeals reversed, holding with and authorizations for several social game” and other highly relevant pictures.12 1162201 (Sup. Ct. N.Y. Co. 2011), aff ’d 30 N.Y.3d 656 that the First Department did apply a height- media sites for three years prior to the date The decision on this motion only provided (2018). ened standard and that it was improper and of the incident at issue. The court, in its defendant with an authorization for Face- 5. Id. inconsistent with New York’s longstanding book for pictures and raw data, and was not 6. Forman v. Henkin, 134 A.D.3d 529 (1st Dept. 2015), discussion, noted that the plaintiff had post- rev’d 30 N.Y.3d 656 (2018). history of liberal discovery. The court then ed suicidal thoughts on his Facebook page, as intrusive as the decision that was ultimate- 7. Forman, 30 N.Y.3d at 665. went through New York’s general rule as it which was directly relevant to the case at ly appealed.13 8. Mylon v. Leibowitz, Index No. 151849/2017, 2019 WL pertained to discovery and noted: “In many hand. However, the court did not order the Thereafter, a further motion was made 429462 (Sup. Ct., N.Y. Co. Feb. 4, 2019). Because the if not most instances, a party seeking dis- disclosure of authorizations for “full access” to provide defendant’s expert with “access motion was denied for defendants’ failure to submit an affirmation of good faith, this portion of the court’s disclosure will not be able to demonstrate that for these social media accounts for the same to plaintiff’s Facebook account and e-mail cussion is dicta. items it has not yet obtained contain material time period because they were “not suffi- accounts for the limited purpose of identifying 9. Paul v. The Witkoff Group, Index No. 151322/2014, evidence. Thus, we reject the notion that the ciently tailored with scopes and temporal information relating to the items marked as 2018 WL 1697285 (Sup. Ct., N.Y. Co. Apr. 3, 2018). account holder’s so-called ‘privacy’ settings limitations.”9 Exhibits at the deposition and the other dis- 10. Mylon, 2019 WL 429462 at *1. 14 11. Paul, 2018 WL 1697285 at *2. govern the scope of disclosure of social media A primary difference between these two covery served to date.” Even on this motion, 12. Forman v. Henkin, Index No. 113059/2011, materials.” cases rests on whether there is sufficient the lower court only ordered the production of Affirmation in Support, ¶ 16 (Doc. #71). The court did reject the notion that a par- information to assess whether relevant mate- an authorization for defendant “to obtain all 13. Decision + Order on Motion (May 20, 2016) (Doc. ty’s entire social media account is automat- rial is likely to be found on social media. In raw data for all photos posted on his Facebook #91). ically discoverable simply because litigation Mylon, the defendant sought access to the account from date of accident . . . to present.”15 14. Affirmation in Support, ¶ 27 (Doc. # 103). 15. Decision + Order on Motion (May 19, 2017) (Doc. has been commenced. Instead, a case-by-case plaintiff’s Facebook account simply because On yet another motion on the same issue, #130). analysis must be utilized. In its analysis, the the plaintiff alleged injuries in the bill of the lower court ordered plaintiff’s counsel to 16. Decision + Order on Motion (Dec. 4, 2017) (Doc. court listed several factors to consider: particulars. The defendant, other than not- “obtain and produce to [defendant’s] counsel #172). • the nature of the event giving rise to ing that plaintiff had a Facebook account, . . . from [plaintiff’s] Facebook account (using 17. See Vasquez-Santos, 168 A.D.3d at 244 (discussing “Plaintiff’s response to prior court orders”). the litigation and the injuries claimed, was unable to point to any reason why such the download your information tool on Face- 18. Doe v. Bronx Prep. Charter Sch., 160 A.D.3d 591, 591 as well as any other information spe- access would yield any information that was book) the metadata” for certain photographs (1st Dept. 2018). cific to the case; material and necessary.10 In Paul, the defen- marked as deposition exhibits.16 19. Forman, 30 N.Y.3d at 662 n.2. 8 April 2019 Nassau Lawyer Forecast: Hazy with Some Clearing: Developments in Hazing Laws Hazing arrests and law suits have become The prior and current law cover publish all incidents of hazing efforts of organizations and institutions, hazing a hot topic at universities and in national all organizations and prohibits including the findings and any incidents continue to plague many organi- news. Recent high-profile deaths include, intentional or reckless conduct sanctions levied against the orga- zations. Yet, students continue to want to be Timothy Piazza, Penn State (2017); Max during an initiation or affiliation nization. This law is set to expire part of fraternities and sororities because of Gruver, Louisiana State, (2017); Michael which creates a substantial risk of at the end of June 2019 but is the advantages they can provide. They include Meng, Baruch College (2015); and Tucker physical injury or a physical inju- expected to be made permanent. leadership opportunities, social gatherings, Hipps, Clemson University (2014). All of ry. The new amendment adds, The Tucker Hipps Law close- charitable work, acceptance, and social support. these incidents resulted in serious charges “including, but not limited to, ly resembles the philosophy of Many fraternities and sororities offer real-world and sweeping policy and legal challenges. making physical contact with or the federal Clery Act, which opportunities such as running an organization, An increase in civil lawsuits which group requiring physical activity of such promotes safety on college cam- budgeting, housing, navigating policies, and the educational institutions and fraternities other person…”4 The stated pur- puses.10 The Act requires uni- engaging in difficult confrontations. as defendants has led these organizations to pose of the change, according to versities to report and publish For universities and organizations, the take a more active role in preventing and the bill’s sponsor, was to bring the Patricia Kessler statistics of crimes that occur benefits also weigh in favor of maintain- investigating reports of hazing. changes necessary to deter harm- on their campus, as well as inci- ing organizations on campus. These include Incidents of hazing traditionally have been ful behavior in the future. dents reported to their school increased graduation rates, outsourcing of difficult to uncover often because members of Institutional Responsibility and local law enforcement when they occur housing and social events, increased alumni fraternities and sororities often abide by the on or near the campus. The law further participation and student members hold- practice of secrecy and discretion. The invita- Institutions today are taking a greater requires reporting arrests and disciplinary ing positions of power. Despite this, many tion and inclusion in fraternities and sororities role in rule making, education and investi- referrals for violations of drug, liquor and institutions must weigh the benefits against is, to most students, a rite of passage and a gation of reports of hazing incidents. This weapons laws and timely warnings when the disadvantages such as liability, increased status of acceptance. Most incidents of hazing is as a result of the increasing severity of there are known risks on campus. All of staffing, and costs. are either never reported, resolved internally hazing rituals and practices and the naming this mandated information is available on or settled; therefore, it is hard to get a clear of the institutions in civil lawsuits. This trend the school’s website. The intent of the Clery The Way Forward picture of how pervasive hazing is today. Yet, developed over the years as courts observed Act and the Tucker Hipps Act is similar. The Like the #metoo movement,14 there has previously reported incidents, which may have that universities knew about hazing on their inclusion of this information by schools is to been increasing support for students to speak only made the student newspaper or local campuses and repeatedly reminded students inform students and parents about serious up about hazing incidents. This has resulted in news, are now nationwide headlines thanks to of the school’s policies prohibiting hazing incidents, so they may make informed deci- increased oversight by universities and nation- social media and national attention. activities. sions whether to attend a particular school. al organizations to institute policies and, when Hazing Defined The ruling in Furek v Delaware5 was a The Tucker Hipps Act also seeks to warn necessary, sanctions against fraternities and departure from the law in many states that fraternities and sororities from engaging in sororities that participate in hazing rituals. Attorneys, advisors, and parents find generally held that the university did not misbehavior which will become public. This Parent and student outrage over hazing inci- themselves in unique and often uncharted owe a duty to protect students from risks law is mandatory in South Carolina and is dents have led to the establishment of anti-haz- waters when faced with a client or student associated with their participation in social being instituted across the states in an effort ing organizations and movements including accused of hazing. Hazing laws differ among events. In Furek, a freshman football player’s to provide transparency and is likely an effort #thesehandsdonthaze15 and stophazing.org.16 the states and only 44 of the 50 states have initiation into a fraternity resulted in having to shield the universities from claims of neg- Schools are routinely sanctioning fraternities hazing laws. In some states, such as New a chemical poured over him causing first and ligence. Many universities refer to this infor- and sororities, sometimes suspending or elim- York, hazing is a violation or a Class A mis- second degree burns and permanent scar- mation as “Score Cards” and the information inating chapters from their campuses. Scholars demeanor; in other states, it may be a felony. ring. He withdrew from the university, lost is made available on their websites. argue that a public health approach similar to Due to the nature of hazing and the increase his full scholarship and sued the university. those used for substance abuse and sexual in reported incidents, courts may use persua- At trial, the court ruled that in viewing the Cases Creating Law & Persuasive assault be implemented. Others claim that sive precedent for guidance when faced with evidence, the university was aware of the Precedent until the same federal approach is implement- issues without precedent in their state. As the dangerous propensities of the fraternities as Two other incidents of hazing deaths ed that has resulted in sexual assault aware- law evolves, it is important to consider how they related to hazing and the fraternity’s have resulted in new legislative develop- ness, investigations, guidance and uniformity, states are ruling on hazing and hazing-related location on university property, that it could ments. In 1997, Max Gruver a freshman at hazing will continue either underground or criminal and civil lawsuits. not be said, as a matter of law, that no duty Louisiana State University died after a night unreported. There is no question that strong Likewise, university student codes of con- was owed to Furek. of drinking. Gruver was required to consume laws must continue to be implemented as a duct vary as do fraternal and sorority orga- Similarly, in Knoll v. Board of Regents,6 190 proof alcohol during a ritual called Bible deterrent to hazing, but perhaps the most nization charters and rules. Knowledge of the court held that universities have a duty to effective deterrent to joining a troubled orga- these rules is critical in determining how provide reasonable care for their students in Night. While consuming the alcohol he had to respond to questions about the history of nization lies in the transparency law instituted organizations and institutions will protect properties owned or overseen by the univer- in South Carolina and Pennsylvania, and the or punish members accused of hazing and sity or those covered by the university code the fraternity. Gruver’s blood alcohol toxicol- ogy report showed a blood alcohol level of use of Score Cards in institutions whose state related crimes or violations. of conduct. The court held that the injury to laws do not require them. Over the years, scholars, legislators and the plaintiff was foreseeable and liability and .495 resulting in death by asphyxiation. Patricia Kessler is a higher education attor- the courts have attempted to define hazing. negligence by the university could be argued As a result of this tragic incident, Louisiana added a number of bills increasing the pen- ney/advisor focusing on assisting parents In an early Nassau County decision, People at trial. and students on issues related to grievanc- v. Lenti,1 on the issue of defining hazing, the In contrast, the court in Alton v. Texas A alties for hazing including the Max Gruver 11 es, conduct violations, hearings, appeals court stated, “Hazing is a word which incor- & M University,7 found that the university Act. Under this law, penalties and fines and reinstatement. She is also a Master’s porates treatment such as the wearing of a acted upon initial rumors of hazing, contin- were significantly increased in the hope that of Adult Learning candidate assisting rein- ‘beanie cap’ to the permanent disfigurement ued to investigate and helped the student file it would deter incidents of hazing. Despite stated undergraduate students. She can be of the body.” The court further commented, charges. The court ruled that the university these new laws, on February 14, 2019, nine reached at [email protected]. “It would have been an impossible task if acted properly and instituted procedures to students at LSU were arrested and charged with hazing and other serious crimes. 1. People v. Lenti, 44 Misc.2d 118 (County Ct., Nassau Co. the legislature had attempted to define haz- protect against further injury and was not 1964). ing specifically. Fraternal organizations and held liable. The death of Timothy Piazza resulted 2. N.Y. Penal Code §120.16. associates have never suffered for ideas in Perhaps the best step forward to pre- in some of the most sweeping changes in 3. N.Y. Penal Code §120.17. contriving new forms of hazing.” As a result, Pennsylvania law. Piazza, a sophomore at 4. (L. 2018, Ch. 188, eff. Aug. 15, 2018). venting hazing incidents came as a result 5. Furek v. Delaware, 594 A.2d 506 (Del. 1991). many of the statutes that address hazing do of the tragic death of Tucker Hipps. Hipps Penn State University took part in a two-day 6. Knoll v. Board of Regents of the State of Nebraska, 601 not specifically designate what constitutes a freshman at Clemson University in 2014 drinking ritual. As a result of the excessive N.W. 2d 757 (1999). hazing. spent an evening ingesting large amounts of consumption of alcohol, he fell down a flight 7. Alton v. Texas A & M University, 168 F.3d 196 (5th Cir. of stairs and was injured. The members of 1999). Hazing may include sleep deprivation, alcohol as part of his initiation. While on a 8. See Cynthia Tucker, individually and as the personal excessive alcohol consumption, exposure mandatory morning run with other pledges the fraternity waited several hours before Representative of the Este of Tucker William Hipps and to the elements, violence, sexual behavior, and members, he got into an altercation with calling for help, and he ultimately died. The Gary Hipps, Jr. individually vs. Thomas Carter King, destruction of property, acts of servitude an upperclassman because he did not stop at parents of Piazza brought lawsuits against the Campbell T. Starr, Samuel Quillen Carney, South Carolina Beta Chapter of Sigma Phi Epsilon, Sigma Phi Epsilon (cleaning houses, running errands, designat- McDonald’s to get breakfast for the members. fraternity, the university and members of the Fraternity, Inc. and Clemson University. 12 ed driving), and mind games. He was forced to walk along a narrow bridge fraternity. As a result, legislation was passed 9. Tucker Hipps Transparency Act, SC stat. 59-101-210. Other considerations that may fit the railing and fell to his death. Following his including the Timothy J. Piazza Anti-Hazing 10. 20 USC §1092 (f) definition include the nature of the behavior, Law.13 The law requiring semi-annual report- 11. La R.S. 17:1801 (effective Aug. 1, 2018) fall, fraternity brothers tried to cover up their La R.S. 14:40.8 (effective Aug. 1, 2018) such as humiliating, embarrassing or abusive. roles. ing of hazing incidents similar to the require- 12. James Piazza and Evelyn Piazza, Individually, and as A prosecutor also may charge hazers with In the lawsuit resulting from the death of ment in South Carolina, written anti-hazing Administrators of the Estate of Timothy J. Pizza, Deceased, offenses such as assault, battery, unlawful Hipps, the parents argued that had they been protocols for all schools in Pennsylvania, v Brendan Young, et al. 13. See18 Pa.C.S. Ch.28; 42 Pa.C.S. §5803; see also Joint imprisonment or other more serious crimes. aware of the reputation of the fraternity and and a new category of the criminal code for Statement of the Parents of Timothy J. Piazza and Beta their hazing practices that they would not aggravated hazing which is a felony. Theta Pi available at https://www.prnewswire.com/ Hazing Law in New York have allowed their son to join.8 Following the news-releases/joint-statement-of-the-parents-of-timothy- In August 2018, Governor Cuomo signed lawsuit, South Carolina passed the Tucker Why Join Them? Why Keep Them? j-piazza-and-beta-theta-pi-300706634.html 14. metoomvmt.org 9 into law an amendment to the New York haz- Hipps Law. This transparency law provides Recently fraternities are getting a bad rap 15. Hazingprevention.org ing law Penal Code § 120.162 and § 120.17.3 that universities in South Carolina must and for good reason. Despite the laws and 16. stophazing.org Nassau Lawyer April 2019 9 The Ins and Outs of a BCL §1118 Hearing Counsel is presented with an opportunity courts. While a lawyer involved in venting transfer of those shares. will insist on a B.I.G. deduction. to represent a petitioner (or a respondent) in this line of work should have some Nevertheless, under New York law It has also been held that interest is pay- a corporate dissolution proceeding. As peti- working knowledge as to how a there is no “minority discount” able to the petitioner from the date of the tioner’s counsel, a petition under N.Y. Business business is appraised, no lawyer that may be applied in a BCL § filing of the petition. As for the rate of inter- Corporation Law (BCL) § 1104 cannot be filed can be expected to have the level 1118 valuation hearing to com- est, courts generally award an “equitable” as the client does not own at least one-half of knowledge that a professional- pensate the other shareholders for rate of interest. In most cases, courts have of the votes of all outstanding shares of the ly-certified business appraiser has the minority shareholders’ lack of determined that the “equitable” rate of interest corporation. However, as the client owns an acquired over years of study. In control. The rationale is a minority should be the statutory rate of nine percent. excess of 20% of such shares, she is permitted addition, no matter what skills an discount would deprive minority This is an easy default, but it can be challenged. to file under BCL § 1104-a. Respondent’s coun- attorney may have at cross exam- shareholders of their proportion- The court may fix interest at a rate other than the sel receives the petition and has two choices: ination of a business valuation ate interest in a going concern statutory rate if the court finds “such deviance is (1) defend on the grounds that a dissolution expert, the court is going to want which would result in minority warranted by the equities” and the court is pro- is not legally viable under § 1104-a or under to have a competing valuation to shares being valued below that vided with specifics as to why this should be done. “common law”; or (2) within 90 days after the compare and contrast against the Paul F. Millus of majority shares, thus violat- In today’s low-interest environment, one may filing of the petition, the respondent can elect valuation of the other side. ing the courts mandate of equal argue that nine percent interest is unwar- to purchase the shares owned by the petitioner With that said, it is time to treatment of all shares of the ranted coupled with other facts to support at their fair value “upon such terms and condi- engage the services of an expert. What should same class in minority stockholder buyouts. that position. There is also the question of tions as may be approved by the court” under counsel look for when hiring a business valu- However, a “marketing discount” or, as it whether the petitioner’s cost expenses in attor- BCL § 1118. ation expert? Certainly the expert should be is commonly known, a “discount for lack of ney’s fees can be awarded by the court. BCL Why even consider opting to purchase the “certified.” There are a number of organizations marketability” (DLOM) may be applied to § 1118 makes no provision for the impo- minority’s shares if respondent believes that which require appraisers to go through a certi- compensate for the lack of a ready market sition of court costs and disbursements. dissolution should not be granted? There are fication process. Some of the accrediting orga- for the shares. However, note that no New However, in Blake, it was determined that a number of factors that can play into this nizations are USPAP, NACVA, IBA and ASA. York court has ever held that DLOM must such awards are discretionary with the court. decision. First, considering the fact that under One should also look to an expert who has be applied in a § 1118 proceeding, although BCL § 1118 the valuation will be as of the date specific knowledge of the industry which she courts have indeed recognized a DLOM. One factor that the lawyer can add to the of the filing of the petition, this may inure will be evaluating. The more the expert knows Also, DLOM is not designed to discount the expert-driven proceeding, and which may to the respondent’s benefit. Respondent may about the particular industry the better. value of the corporation or any particular asset, prove detrimental to either parties’ claim in expect a marked change in the success of the The expert should be engaged i.e., goodwill, but rather is to reflect the lack of terms of how much interest is awarded (or at company subsequent to the date of the filing by counsel for their respective par- marketability of the shares of the corporation. all) or whether costs are assessed, is potential of the petition now that the dissatisfied share- ties rather than the parties themselves. Next, counsel should be aware of the possi- “bad faith” by either one of the litigants. Bad holder may no longer be involved in day-to-day Unlike the attorney-client privilege, the cli- bility that the existence of an embedded capital faith may be found in connection with one of operations. Respondent may also believe that, ent-accountant communication privilege is gains tax or “B.I.G.” may be used to reduce the shareholders’ actions before the petition notwithstanding her fervent belief that dissolu- limited. However, when an attorney retains the value of the corporation. The theory is was filed or during the fair value proceeding. tion is unwarranted, by electing to purchase the an accountant for his expertise to assist in cli- that corporate holdings appreciate in value. If the court makes a determination that peti- shares she removes the uncertainties that any ent representation, the privilege will apply to As such, an event such as a dissolution could tioner has acted in bad faith, it could affect litigation engenders and avoids the costs asso- attorney-accountant communications. In this result in the liquidation of a particular asset or the petitioner’s ability to receive prejudgment ciated with fighting the aggrieved shareholder “Kovel Letter,” the attorneys engage the accoun- assets owned by the corporation, and, thus, a interest. who has requested to exit the corporate entity. tant, specifying that the expert is assisting in large capital gains tax will result upon the sale In sum, notwithstanding the seemingly One of those risks is that if the dissolution is representation of his specific client under the of such assets. In New York, it is recognized mechanical process by which value may be granted, there will be even more costs and attorney’s direction, the expert is reporting that embedded capital gains tax assets held by determined, the lawyer still has the ability to use court intervention as the company winds down directly to the attorney, all communications a C corporation will affect what a hypothetical his or her talents to affect the outcome. its operations for the purpose of liquidating between the expert and the client and between willing purchaser with reasonable knowledge of Paul F. Millus is a member of Meyer, Suozzi, its assets to affect a distribution to petitioner the attorney and the client are privileged for the underlying facts will pay for the corporate English & Klein, P.C. and practices in the and any other shareholders. This is a costly the purpose of assisting the attorney, and that stock. Universally, New York courts have confirm’s Litigation and Employment Law and risky proposition for any ongoing concern the attorney has ultimate control of the expert’s sistently held that a hypothetical willing buyer Departments. and may result in a diminution of the value of work and without written permission by the those assets throughout the dissolution process. attorney the expert cannot disclose that to Finally, respondent may have no interest in hav- anyone. ing to deal with the almost constant haranguing There are essentially three predom- NCBA 2018-2019 that an aggrieved shareholder may engage in inant methodologies to determine fair — even if his initial attempt at dissolution was value, to wit, (1) net asset value; (2) unsuccessful. investment value; and (3) market value. Corporate Partners Net asset value is an asset-based approach A decision is made to go the focusing on the balance sheet of the compa- BCL §1118 route, so what is next? ny and more appropriate for holding compa- For either petitioner or respondent’s counsel nies with significant tangible assets, i.e., family what comes next is fairly formulaic. The matter limited partnerships. Investment value is also is a special proceeding whose procedural aspects known as the “income approach” which is to are governed by the provisions of Article 4 of determine a value that is equal to the pres- the CPLR. There will be an exchange of relevant ent value of future benefits such as revenues, financial documents which will eventually lead operating profits and cash flow. This involves a to a hearing where the court will determiner capitalization of a single benefit stream or dis- “fair value.” Where the BCL does not define counting multiple benefit streams. Finally, there “fair value,” courts are in agreement that “fair is the generally-recognized market approach or value” is the price which a hypothetical “willing market value. Market approach is determining purchaser, in an arm’s length transaction, would value by observing transactions in the market offer the corporation as an operating business.” place that are similar in nature thus ascribing Fair value is not ascertaining the value of value to the transaction at issue. For most close- an interest in the “throes of liquidation.” ly -held corporations, it will be difficult to estab- In such a proceeding, neither side has a lish a market value approach because of the PrintingHouse Press burden of proof. Rather, it is the court that uniqueness of the company’s operations irre- determines fair value based upon the evi- spective of the industry in which the company dence presented at the hearing, usu- is involved. Moreover, there may not simply be ally through the testimony of experts. enough comparables that are similar enough to Both sides also know that the date of val- warrant reliance on such an approach. uation, as stated above, is the date prior to Concepts Counsel Should the date on which the petition was filed. So how do the respective sides begin to deter- Be Aware Of mine “fair value,” and what other consider- Although unquestionably the attorneys in ations are there for each side as they try to a fair-value proceeding will be relying sig- convince the court that their valuation is more nificantly on their experts, an understanding accurate? of several concepts that impact an expert’s valuation will be of great assistance to counsel. Pre-Hearing Prep For example, but for petitioner forcing this There should be no doubt that expert assis- issue through the initial filing for dissolution, tance in this matter is essential. Professional it is highly unlikely that petitioner’s shares were appraisers understand the valuation techniques readily marketable, and, more likely than not, regularly accepted in the industry and by the there are significant restrictions in place pre- 10 April 2019 Nassau Lawyer Tips for the Litigator: How to Keep Your Arbitration Economical and Efficient

Among the advantages of arbitration over using a single neutral. The parties can always to cross-examine witnesses? Being focused on taken out of order, too (such as having a witness traditional court litigation is that arbitration is agree to reduce the number of arbitrators. If a what is needed for the hearing is key to keeping for Respondent testify during the Claimant’s designed to be efficient, economical and expe- three-arbitrator panel is used, however, consid- discovery narrowly tailored to the claims and case). Remote witnesses can appear by video ditious. These goals are attained, in part, by eration should be given to having arbitrators defenses raised. This will minimize disputes or telephone. Counsel can shorten the hearing reducing discovery and motion practice, which with different backgrounds or experience and over discoverability, too. time by agreeing to use written direct testimony will lead to an early asking that the chair of the panel serve as a dis- produced in advance and having only cross-ex- hearing on the mer- covery master so that the billing for discovery Keep motion practice amination and re-direct take place at the hear- its. Unfortunately, disputes is reduced. to a minimum. ing. With experts, their written reports can even experienced Prepare for and take advantage of When motion practice is reduced, the case serve as their direct examination, while they are attorneys often fail stays on schedule and costs of arbitration are available for cross-examination and re-direct in to take advantage the preliminary hearing conference kept to a minimum. The opposite is just as person. Such devices will shorten the hearing of the stream-lined to tailor the arbitration to your case. true. Before making a dispositive motion, most time, leading to cost savings. nature of arbitra- Once the arbitrator is appointed, a pre- arbitrators will require a short letter seeking tion and treat it as Keep your arbitration clause and liminary hearing conference will be held to leave to file the motion. This, too, will keep provider’s rules in mind – but con- they would a court set the schedule in the case, including the costs down. Practitioners should give a careful case – turning the hearing dates. This is an excellent opportunity look at whether a hearing will be held even sider post-dispute tailoring. arbitration into “lit- to educate the arbitrator about the claims and if one claim is dismissed. If a hearing will be Pre-dispute arbitration clauses will govern Erica B. Garay igation-lite”. All too defenses and to advocate for your client. If held anyway (because there are claims that will the conduct of the arbitration. Such clauses can often these attorneys the demand or answer is bare (or there is no survive) counsel should ask whether the cost provide for a specific provider be used (such as (and clients) are sur- answer at all because the allegations are deemed involved in making the motion and having the the Nassau County Bar Association’s panel of prised by the cost of denied under the provider’s rules), ask for an arbitrator determine it and write a decision, are arbitrators or JAMS, AAA or NAM), as well as arbitration, but they should not be, as the amplification so that there are no surprises at expenses that can be avoided with little impact which rules of the provider will govern (such arbitrators only bill for the work the parties the hearing, and you can prepare discovery on the legal issues ultimately addressed. The as Employment, Construction, or Commercial have asked them to do, whether it involves that will address the matters that are pled. Since cost of making the motion (including arbitrator Rules). Counsel should be familiar with these motion practice or sending communications discovery deadlines will be set, this is an oppor- compensation) vs. the cost of having witnesses rules as they may dictate what rights a party to arbitrators unnecessarily. Luckily, there are tunity to place limits on discovery. For example, testify at a hearing should be weighed. Having has to discovery and motion practice, and, ways to keep arbitral costs down without losing counsel can oppose the use of depositions and witnesses testify live may be more effective than of course, the arbitrator will be familiar with effective advocacy. interrogatories or limit the number of requests presenting the information via affidavit, too. the rules. Parties can always agree (includ- Here are seven tips to keep arbitration eco- for production that will be served. Setting dead- Keep the provider’s rules in mind, too. If ing during the preliminary conference call) to nomical and efficient: lines in advance for raising discovery disputes there is no right to move for reconsideration, change the clause. Select an arbitrator with experi- or seeking leave to file dispositive motions will why file that motion? Arbitration clauses can incorporate the ence in the type of case, claims or ensure that the hearing remains on track. Consider whether you need pre- Federal Rules of Civil Procedure or Federal During the conference (which is usually Rules of Evidence, or the CPLR, or otherwise industry involved. held by telephone), a party can also ask about and post-hearing briefs. address how discovery and motion practice One important feature of arbitration is that efficiencies that can be used at the hearing, such Often, by the time the hearing will take will occur in the arbitration. Parties can agree the parties have the opportunity to choose the as using expert reports as direct testimony and place, the arbitrator is familiar with the par- in a clause to take depositions (and how many). person who will handle and decide their case. A having the experts available only for cross-ex- ties’ positions on the key issues. Having no The clause can address the speed of the arbitra- pre-dispute arbitration clause can name a spe- amination and rebuttal. Also, parties will be pre-hearing memoranda will achieve cost sav- tion, what law will apply, and other procedural cific person to serve as an arbitrator or provide asked to advise how many hearing dates are ings without losing any advantage. Similarly, matters. For example, a clause can provide that the qualifications and/or experience of the arbi- needed. This is the opportunity to advocate for oral opening statements may be unnecessary a hearing will be held within a set period after trator. Most arbitration providers will ask the a shorter schedule and to discuss ways to limit (or could take the place of the written brief). A the arbitrator is appointed (such as 6 months), parties to list the qualifications or background testimony – such as whether the allocated time post-hearing brief that is targeted and limited or that each party can take up to 3 depositions. they seek in an arbitrator, even if the clause did can be divided between the parties. One exam- to the issues that the arbitrator wants addressed It is important, however, that the clause uses not provide such. (For example, experience ple is that each side would have 2 days (total for may be another way to keep costs down. In deadlines that are reasonable and can accom- with intellectual property or valuation or in examination and cross-examination) to present some cases, closing statements alone may be plish its goals. Therefore, it is advisable that, the fashion industry or that the arbitrator is an their entire case. Not having pre-hearing briefs sufficient to summarize the evidence and the when drafting, transactional attorneys should engineer, accountant or appraiser.) By giving will also result in cost savings. law. Remember that your client is paying for have clauses reviewed by lawyers familiar with careful consideration to the background and Limit discovery to the claims and the work involved in reading the written pre- arbitration so that due consideration is given to qualifications of the arbitrator – whether it be defenses actually pled, with an eye sentations. these important matters. Is the clause workable experience with an industry or type of claim - in the real world? the parties gain the advantage that the person toward the hearing exhibits you need. Plan for an efficient hearing. The parties can always make a new arbi- who will be presiding over and deciding the Arbitration generally involves less discovery There are many ways to reduce hearing tration agreement. For instance, the parties case will have extensive knowledge of the issues than traditional litigation, as usually there are costs. Do you need opening statements if you can agree to use one arbitrator even though that will arise and can bring such experience no depositions or interrogatories. Rather, the have filed pre-hearing briefs? Besides the obvi- they have a clause that requires a panel of and knowledge to ensure efficiencies at the parties exchange documents and examine wit- ous (limiting the testimony so that it is focused three. Parties can agree to arbitrate their claims hearing. Time is not spent educating the arbi- nesses only at the hearing. With this in mind, on the issues and not having cumulative testi- post-dispute, even in the absence of a contrac- trator. Counsel should take advantage of this counsel should request the production of docu- mony), counsel should work together to create tual provision. Or, the parties can agree that the experience and the suggestions of the arbitrator, ments and ESI that will be exhibits introduced a joint set of exhibits. All joint exhibits will be chair of a three-arbitrator can serve as a discov- as this can translate into cost savings. at the hearing and used to examine witnesses, in evidence (since there is no objection being ery master, thereby avoiding the costs of three Counsel will receive several profiles of arbi- rather than casting an overly broad net that raised), and there is no need to lay a foundation arbitrators hearing discovery disputes. trators for consideration. Do your due diligence captures irrelevant materials. By keeping this for each. Second, the hearing is streamlined so Conclusion to ensure that you select the right arbitrator to in mind, the parties can ensure that the arbitra- that there is less time involved in contesting hear the case. Besides web searches, you can tion will be focused, economical and efficient. admissibility of exhibits. Counsel should also There are many ways that counsel can ask fellow litigators for their experiences with By keeping an eye on what you need for the consider whether objecting to each exhibit not ensure that the economies and efficiencies of particular arbitrators. Knowing in advance how hearing, rather than engaging in broad-ranging only appears obstreperous but also increases arbitration are achieved while still providing for an arbitrator conducts the hearing or handles document requests, counsel will keep down the the hearing length and, consequently, its cost. a fair hearing. Planning for such at the outset discovery disputes or other matters will both legal fees for drafting, production and review. Another advantage of arbitration is that is key. help you choose your arbitrator and how to Efficiencies are achieved if counsel knows at there is a full day of hearing, often eight or Erica B. Garay is a neutral arbitrator and handle matters before that neutral. the start what the end-game will be: What does more hours. Counsel should be prepared to mediator and the owner of Garay ADR If a clause requires a panel of three arbitra- the arbitrator need to decide in your client’s use the full day of hearing time by having Services. She can be reached at ebgaray@ tors, the costs can be dramatically higher than favor? What do you need to tell your story and witnesses available to testify. Witnesses can be gmail.com.

28311 at 3 (Sup. Ct., Suffolk Co. Oct. 9, 2018) (holding A.D.2d 982 (2d Dept. 2003) (holding that the plaintiff’s 16. Id. at 633. that an unverified complaint is insufficient to acceler- failure to obtain personal jurisdiction over the defen- 17. Id. at 632. LIMITATIONS ... ate the loan). dant in the prior action more than six years prior did 18. Milone v. U.S. Bank N. A., 154 A.D.3d at 154 (2d Continued From Page 5 12. Sarva v. Chakravorty, 34 A.D.3d 438 (2d Dept. not revoke acceleration); UMLIC VP, LLC v. Mellace, 19 Dept. 2018). 2006) A.D.3d 684 (2d Dept. 2005) (holding that the plaintiff’s 19. Id. that the plaintiff had elected to accelerate the maturity 13. See generally Milone v. U.S. Bank N. A., 154 A.D.3d acceptance of partial payment of accelerated debt did 20. Id. of the debt”). 145 (2d Dept. 2018). not revoke the acceleration); Freedom Mortg. Corp., 163 21. Id. at 155. 10. Burke, 94 A.D.3d at 983. 14. See Fed. Nat. Mortg. Ass’n v. Mebane, 208 A.D.2d A.D.3d 631 (2d Dept. 2018) (holding that voluntary 22. UMLIC VP, LLC v. Mellace, 19 A.D.3d at 684; see 11. Deutsche Bank Nat. Trust Co. v. Adrian, 157 A.D.3d 892 (2d Dept. 1994) (holding that the trial court’s sua discontinuance of the action, by stipulation, is not suf- also Lavin v. Elmakiss, 302 A.D.2d 638, 639 (2dDept. 934, 935 (2d Dept. 2018), see contra HSBC Bank, USA, sponte dismissal of the prior action did not revoke ficient to revoke the election to accelerate the loan). 2003). NA v. Margineau, __ N.Y.S.3d ___, 2018 N.Y. Slip Op acceleration of the note), Clayton Nat., Inc. v. Guldi, 307 15. Freedom Mortg. Corp., 163 A.D.3d at 632. 23. Milone, 154 A.D.3d at 154. Nassau Lawyer April 2019 11 A Wedding Story In the 15-plus years that I have been empowered by the State of New York to offici- ate wedding ceremonies, I have done so prob- ably fifty times or more, for friends, relatives, distant acquaintances and complete strangers. Some of these many gatherings were huge and held in massive banquet halls before hundreds of family and friends, where all were dressed in designer gowns and suits and waiting to enjoy a five-star menu, top shelf liquor, dancing and photographs that cost untold tens of thousands of dol- lars. And some of the gatherings were Hon. David J. Ayres @ albund via depositphotos.com more intimate, held on beachfronts, in private homes or at near the entrance to the attorney conference sent upstate on a 7-year sentence for armed that I have never come away from one of these breathtaking public spaces and attended by rooms. After the groom was delivered out to robbery. She cried the same tears that all of events with the mix and intensity of emotions only close family and friends, but no less opu- the room, without fanfare or celebration, just those other brides that I had watched over that I walked out those jailhouse gates with. lent in all of their trappings. like every other prisoner coming down to these years cry before her. No different. And Perhaps it was that there was no sweeping Fast forward to this morning, when I view, no flowers, no music, no children laugh- arrived at the Nassau County Correctional meet anyone, we began the ceremony. I watched a young man, who decided to do There were no Armani suits or Dior gowns, an incredibly stupid thing only months before ing or mothers crying. But with apologies to Center visitors area, only to be greeted by surly all of the weddings and brides and grooms that sheriffs and an overly inquisitive, drug sniff- just a mix of men in black uniforms and and then decided to accept responsibility and orange jail scrubs. This group of guests was face his debt to society, try to begin the long, have come before it, this dingy place served as ing yellow Labrador. Soon after, I greeted the the venue for the most beautiful wedding over made up of corrections officers, inmates and a often impossible pivot toward recovering what nervous bride to be and her two equally ner- which I had ever officiated. A solemn moment few Legal Aid attorneys, all who clearly want- he can of his life and start down the road to his vous witnesses at the door, and after passing that was enhanced not in spite of the circum- the wedding rings through security screening ed to be anywhere but where they were at that own redemption. stances, but because of them. checkpoints, we all entered the common vis- moment. I was, however, exactly where I need- If you had told me 15 years ago that I would ed to be. There I watched as a young woman be standing in that room in that moment, I Hon. David J. Ayres served as a Nassau iting room, filled with inmates sharing their County Court judge from 2003 to 2014 and own several moments with their own visitors cried tears of joy as I read, and she recited, her wouldn’t have believed it. As the ceremony is currently Managing Partner at Barket, oblivious to the impending nuptials, and pro- vows to the man that she was committing her ended and the separate realities of the bride Epstein, Kearon, Aldea & LoTurco in Garden ceeded to our designated area in the far corner life to and who was weeks away from being and her groom set back in, I quickly realized City. 12 April 2019 Nassau Lawyer

the United States Constitution. The program the following categories: (1) small and large Jen Groh, the Academy’s Director, and Patti STUDENT ... entitled, Free Speech, Free Press, Free Society: law-firm management; (2) how lawyers per- Andersen, the Academy’s Executive Assis- Continued From Page 1 Justice Sonia Sotomayor’s Contributions to the ceive and interact with those they come in tant, work tirelessly to prepare Domus for Jurisprudence, is another great example of contact with during the course of practicing the number of people expected at any given American citizens — from their homes on the continuing partnership among the NCBA law, including opposing counsel, colleagues, seminar. Please, I implore you, be mind- the West Coast. Mr. Korematsu was arrest- and its committees and outside bar associ- staff, judges, jurors and court personnel; (3) ful and respectful of Academy staff, and ed and convicted of violating the Executive ations. A special thank you to the Crimi- ways in which lawyers can better understand please pre-register for Academy programs. nal Law & Procedure, Federal Courts, Civil Order and related military proclamations. and represent their clients who face barri- Pre-registration helps to determine seating Rights and Corporation, Banking & Securi- He appealed his conviction first to the Ninth ers, biases and discrimination; (4) non-dis- and material needs, and gives the in-house ties Committees, as well as the Long Island Circuit and ultimately to the United States crimination, non-harassment and competent caterer an idea of how many attendees to Hispanic Bar Association and the Columbia Supreme Court in 1944. This promises to be representation as part of a lawyer’s ethical expect for a Dean’s Hour. It is simple friends, Lawyers’ Association of Nassau County for give Jen or Patti a call at (516)747-4464 or a fascinating presentation highlighting one of obligations; (5) discrimination and bias in their cooperation. the broader legal and societal context and shoot them an email and let them know you the darkest times in this country. Each year, the Nassau Academy of Law the role of lawyers in addressing them; and are coming. In addition to NCBA committees bring- organizes and presents more than 180 sub- (6) the law and legal issues as they relate to Being Dean of the Nassau Academy of ing CLEs to our members, this year has also stantive legal seminars in dozens of practice diverse groups and protected classes. Law has been an amazing experience and an been a great year for the Academy working areas to educate attorneys on new develop- As current Dean of the Nassau Academy amazing honor. As our profession changes in conjunction with other bar associations ments in the law and to provide the practical of Law, I encourage all NCBA members to so must the Academy of Law. This past year to bring cutting edge CLEs to our members. skills to enable attorneys to most effectively take advantage of the phenomenal member and what is planned for the years to come Recently, the Academy, in conjunction with represent their clients. In doing so the Acade- benefit of coming to Domus and attending is evidence that the Academy is embracing the NCBA Women in the Law Commit- my of Law uses the wealth of resources NCBA (for free) the vast array of CLE programs that change by providing relevant and cut- tee and the Nassau County Women’s Bar members have to attract high profile present- the Academy offers. Go to programs in your ting-edge CLE programs and seminars for all Association, held a standing-room only CLE ers. On April 11, 2019, members will have field, presented by the leading experts in our members to enjoy. Take this opportunity entitled Lights, Camera, RBG. This seminar the opportunity to attend a “fireside chat” as a member and come to Domus, come and celebrated the life and career of Supreme your field. And, just as importantly, go to with Eastern District U.S. Attorney, Richard Be A Student Again. Court Justice Ruth Bader Ginsberg. The programs that have nothing to do with your P. Donoghue. As U.S. Attorney, Donoghue practice. Go and listen to presentations and seminar included a screening of the critically is the chief law enforcement officer for the Daniel W. Russo is the Dean of the Nassau seminars about something new and different Academy of Law. He is a partner at Foley acclaimed documentary RBG and was fol- federal government in the Eastern District lowed by a panel discussion that focused on and fascinating. In short, Be A Student Again. Griffin, LLP in Garden City and concentrates of New York. In this “fireside chat” format, With all of that said, let me ask one favor. his practice in criminal defense. lessons for attorneys on gender issues. Donoghue shall be addressing a number of Lights, Camera, RBG was the first seminar current and highly diverse topics, sure to be in a continuing lecture series hosted by the of great interest to practitioners from many Academy of Law focusing on celebrating different practice areas. This program will be women in the law. On April 30, 2019, Chief moderated by Prof. Anthony Michael Sabino, Sgt. Anthony Mitchell, Court Officer of the Judge Dora Irizarry of the United States Assistant Dean of the Nassau Academy of Nassau County District Court. District Court for the Eastern District of Law. The Academy thanks Anthony for his LAW DAY ... In addition to his role as the New York will moderate a panel discussion invaluable assistance in bringing this program Continued From Page 1 of some of our most vital constitutional to fruition. Commissioner of Jurors for Nassau County guarantees, with special emphasis on Justice The Nassau Academy of Law works tire- Keynote Speaker Supreme Court, Robert H. Truzzolino is Sotomayor’s contributions to jurisprudence lessly to provide a wide range of CLE courses Stone Grissom, Esq. an active member of the New York State Commissioner of Jurors Association. He as the first Hispanic Supreme Court Justice. that cover all aspects of being a member of In addition to earning his title as an This promises to be a fascinating program of this great profession. In deciding whether was a valuable contributor to the newly Edward R. Murrow award winning jour- implemented Juror Management System interest to experienced lawyers and less expe- a program is right for our members we try nalist and prime time anchor at News 12 rienced attorneys alike who are interested in and be sure that it fits into one or more of developed in conjunction with other coun- Long Island, Stone Grissom is a graduate of ties in New York State, and continuously the University of Notre Dame Law School strives to make the jury service process as and holds a distinguished background as a successful civil rights and criminal defense quick and simple as possible for Nassau attorney. Other highlights of his law career County residents. He enjoys interaction include a “Rising Star” title awarded to him with other court employees, judges, lawyers for three years in a row by the Washington and jurors that he works with on a daily publication, Law and Politics, and his role basis. Attorney Grievance & as co-chair of the trial advocacy division Sgt. Anthony Mitchell has been serving of the Washington State Bar Association. the Nassau County District Court for over His first legal thriller, A Cry For Justice, was 26 years. Beginning his career as a micro- Disciplinary Defense published in July 2017 and he is currently film records clerk/revenue cashier in 1993, working on his second thriller, Bonds of Sgt. Mitchell worked his way up the ranks An allegation of professional misconduct can tarnish your Friendship. to a Court Aide, followed by his promotion to Court Officer in 2000. In 2008, he was reputation and place your law license in jeopardy. Let the Liberty Bell Award experienced team of David H. Besso and Michelle Aulivola help promoted once more to Sergeant in the The Liberty Bell Award is presented to District Court, and continues to serve the you achieve a favorable result. a non-lawyer who has strengthened the Nassau County court system. American system of freedom under the law by heightening public awareness, under- Thomas Maligno Pro Bono standing and respect for the law. The 2019 Attorney of the Year Award recipient for this award is Elaine Gross, The Thomas Maligno Pro Bono President of ERASE Racism, a New York Attorney of the Year Award is being State nonprofit that formulates remedies presented to Wendy Hamberger, Esq., in to persistent regional inequities resulting recognition of her selfless commitment from imbedded institutional and structur- to the furtherance of the most noble al racism in health, education and hous- traditions of the organized bar. In addi- ing. Under the direction of Gross, ERASE Racism has been recognized both locally tion to representing numerous clients in and nationally for its cutting edge work matrimonial and guardianship matters, Hamberger is dedicated to providing pro David H. Besso, past Michelle Aulivola has addressing institutional and structural racism. bono legal services to low-income Long Chairman of the Grievance represented attorneys in Island residents while training less expe- Peter T. Affatato Court Committee, has been grievance and rienced attorneys to provide the same Employees of the Year Award services to their clients. representing attorneys for disciplinary proceedings The Peter T. Affatato Court Employee The NCBA would like to congratulate more than twenty years. for more than a decade. of the Year Award, named after the NCBA this year’s honorees and looks forward to past-president, is awarded to an individual a wonderful evening. The 2019 Law Day or individuals who demonstrate profession- Annual Awards Dinner is chaired by Hon. al dedication to the court system, its effi- Ira B. Warshawsky and will be held on Long Tuminello, LLP Wednesday, May 1, 2019 from 5:30 PM to 120 Fourth Avenue cient operation, and who are exceptionally helpful and courteous to other court per- 8:00 PM at the home of the Nassau County Bay Shore, New York 11706 sonnel, members of the Bar, and the people Bar Association. Tickets are on sale for $60 (631) 666-2500 served by the court system. The NCBA is per person. pleased to present this award to Robert H. For additional information and reser- www.longtuminellolaw.com Truzzolino, Commissioner of Jurors for vations, contact Stephanie Pagano at (516) the Nassau County Supreme Court, and 747-4070 x230 or spagano@na ssaubar.org. Nassau Lawyer April 2019 13

petty differences in pursuit of a higher pur- carve out exceptions where monuments or Football Coach Who Prayed After Games,” Seattle Times, pose, and expresses a common aspiration to practices of a religious nature are long-stand- Jan. 25, 2018, at https://tinyurl.com/y2mnadoj. FOOTBALL ... 4. “Congress shall make no law respecting an establish- 19 Continued From Page 3 a just and peaceful society.” ing. The Peace Cross is maintained on public ment of religion, or prohibiting the free exercise there- Did James Madison Play Football? property using public funds, and commemo- of…” Const. amend. I. Exception for Matters rates valor during World War I. Justice Elena 5. 42 U.S.C. §§ 2000e to 2000e-15 (1970), as amended, 42 When Kennedy v. Bremerton returns to Kagan, who as Barack Obama’s Solicitor U.S.C. §§ 2000e to 2000e-17 (Supp. II, 1972). of Long-Standing Tradition 6. 869 F.3d 813 (9th Cir. 2017). the Court’s docket, the Justices’ inquiries General, defended a cross in the Mojave 7. Kennedy, 586 U.S. ___ (2019) (Alito, J., concurring) The Supreme Court has carved out an might echo oral argument in Brown v. Enter- National Preserve that was erected to com- (distinguishing between job responsibilities while “on exception to the Lemon test in cases involv- tainment Merchants Association.20 In this memorate WWI soldiers said: “I really did duty,” and instances when one can “engage briefly in other ing a practice of long-standing tradition in private conduct”). case, the Entertainment Merchants Associa- mean to confine it to this World War I 8. 393 U.S. 503, 506 (1969). this country: legislative prayer. There are two tion challenged California’s law banning sale context, because I think there’s something 9. Brief of Petitioner at 18-19, Kennedy, 586 U.S. at ___ seminal cases involving First Amendment of violent video games to minors, alleging it quite different about this historic moment (2019) (No. 18-12). challenges to legislative prayer. The first is violated the First Amendment’s protection of in time.”24 Justice Stephen Breyer agreed. 10. Lemon v. Kurtzman, 403 U.S. 602 (1971) (find- 16 ing that state funding for non-public, non-secular Marsh v. Chambers, where the Court per- freedom of speech. “History counts,” he said and twice suggested schools violates the Establishment clause of the First mitted the state legislature to employ a chap- Questioning the attorney for the State of that from a constitutional perspective, his- Amendment). lain to begin each legislative session with a California, Justice Antonin Scalia alluded to torical monuments are more or less grand- 11. Id. prayer. The reasoning being that this was the custom and tradition, at the time the First 25 12. County of Allegheny v. ACLU, 492 U.S. 573 (1989). fathered in. 13. Alia Wong, “Why Schools Are Banning Yoga,” commonly accepted practice by state legisla- Amendment was drafted, as conclusive as Atlantic, Sept. 20, 2018, at https://tinyurl.com/y66tjzjg. tures at the time of the ratification of the First to what the First Amendment allows: “I am Cleaning up a “Dog’s Breakfast” 14. No. 17-cv-1054-BAS-JMA (S.D. Cal. Sept. 25, 2018). Amendment. The United States Congress concerned with the First Amendment, which Still, Justices Brett Kavanaugh and Neil 15. See, e.g., East End Eruv Assoc. v. Village of Westhampton Beach, 828 F. Supp. 2d 526 (E.D.N.Y. 2011). continues to keep a chaplain on its payroll. says Congress shall make no law abridging Gorsuch indicated their discomfort with 17 16. 463 U.S. 783 (1983). Later, in Town of Greece v. Galloway, the freedom of speech. And it was always Justice Breyer’s analytical framework in the 17. 572 U.S. 565 (2014). the issue before the Supreme Court was understood that the freedom of speech did Bladensburg cross case. Justice Gorsuch 18. Id. at 576 (citing County of Allegheny v. ACLU, 492 the constitutionality of a practice by a local not include obscenity. It has never been opined that jurisprudence under Lemon U.S. 573, 670 (1989)). municipality to begin each session of their understood that the freedom of speech did 19. Id. at 573. v. Kurtzman is a “dog’s breakfast,” mean- 20. 564 U.S. 786 (2011). monthly town board meetings with a prayer not include portrayals of violence.” Justice ing a complete mess.26 Perhaps Kennedy 21. Transcript of Oral Argument at 17, Brown v. led by clergy from the area congregations Alito followed with “Well, I think what v. Bremerton provides the ideal opportu- Entertainment Merchants Assoc., 564 U.S. 786 (2011) (No. who volunteered their services. Again, as Justice Scalia wants to know is what James nity to eliminate confusion in this area. 08-1448). in Marsh, the Court said that the permissi- Madison thought about video games. Did he 22. See Mark Edmundson, “Football and Religion: The Narrowing the inquiry to the constitution- Odd Relationship Between God and the Gridiron,” TIME. 21 bility of any government practice involving enjoy them?” ality of Kennedy’s 30-second kneeling on com, Nov. 6, 2014. time.com/3561559/football-and- religion depends on its historical nature and In the Kennedy case, Justice Alito might the 50-yard line in silent prayer, affords the prayer. 23. Elizabeth Slattery, “Six Key Exchanges From the Peace whether it is coercive: inquire what James Madison thought about Court the opportunity to set precedent in a “Any test the Court adopts must acknowl- football. In other words, the historical aspects Cross Oral Argument,” Sentinel, Feb. 28, 2019, at https:// case, like Tinker,27 involving “pure” (or silent) stream.org/6-key-exchanges-peace-cross-oral-argument/. edge a practice that was accepted by the associated with American football, including expression of viewpoint. 24. Robert Barnes, “Supreme Court Seems to Seek a Framers and has withstood the critical scruti- coaches’ pre- and post-game speeches, may Narrow Way to Uphold Cross that Memorializes War ny of time and political change.”18 Searching figure prominently in the Court’s decision. Ellin Cowie is a member of the NCBA Dead,” Feb. 27, 2019, at https://tinyurl.com/y4bwrjxk. the record, the Court found no showing Invoking God’s blessing in a speech prior to Publications Committee, and a foreclosure 25. Id. defense attorney. 26. Jacob Sullum, “In Giant Cross Case, Justices Struggle that the pattern and practice of ceremonial, football games has been routine for decades. to Clean Up a ‘Dog’s Breakfast’ of Confusing Precedents,” legislative prayer...is a means to coerce or 22 Players at all levels of the game frequently Hit & Run Blog (Feb. 28, 2019, 3:30 PM), https://reason. intimidate others.” Rather, “[a]s practiced by point to the sky upon completing a touch- 1. American Legion v. American Humanist Assoc., No. com/blog/2019/02/28/in-giant-cross-case-scotus-strug- 17-1717 (argued Feb. 27, 2019). gles-to. Congress since the framing of the Constitu- down. 2. Kennedy v. Bremerton School Dist., 586 U.S. ___ (2019) 27. Tinker, 393 U.S. 503 (protecting students’ speech, tion, legislative prayer lends gravity to public Indeed, the Bladensburg Peace Cross oral (Alito, J., concurring). expressed by wearing of black armbands, in protest of business, reminds lawmakers to transcend argument23 signals the Court’s willingness to 3. Mike Carter, “Court Rejects Appeal of Ex-Bremerton Vietnam War). LIBN—CLE centerfold April 2019 Paper size 23” x 15”; image size 21.25 x 13.25 14 April 2019 Nassau Lawyer

As a reminder, pre-registration is required for all Academy programs. Seating PROGRAM CALENDAR limited for those that do not pre-register. Call 516-747-4464 for ease of registration. April 10, 2019 Nassau Academy of Law ORDER FORM Dean’s Hour: Suicide Prevention — Learn What You Can Do With the NCBA Lawyers Assistance Program April 17, 2019 TO REGISTER OR ORDER: Circle your selections in the correct columns and total amount due. Dean’s Hour: Red Flags in Litigation and Valuation: Damage Reports Sign-in begins 12:30 p.m.; Program 1:00—2:00 p.m. •By Check: Make checks payable to NAL and mail with form to NAL, 15th and West Streets, Mineola, NY 11501 Credits offered: 1 credit in ethics Presented by Harold L. Deiters, III, CPA/ABV/CFF, CFE, CVA, MAFF, CGMA •By Credit Card: FAX completed form with credit card information to 516-747-4147 Sign-in begins 12:30 p.m.; Program 1:00—2:00 p.m. •Seminar Reservations: Please email [email protected] April 11, 2019 Credits offered: 1 credit in professional practice or skills Seminar Reservation Form Dean’s Hour: A “Fireside Chat” with Eastern District U.S. April 29, 2019 Date Seminar Name TOTAL Nassau 18B Attorney Richard P. Donoghue P E D S Credits Member N/Member With the NCBA Criminal Courts Law and Procedure, Federal Dean’s Hour: E-Discovery Made Simple – Part 2 Sign-in begins 12:30 p.m.; Program 1:00—2:00 p.m. April 10 DH: Suicide Prevention 1.0 1 FREE $35 N/A Courts, and Corporation, Banking and Securities Law Committees Credits offered: 1 credit in professional practice or skills 1 and the Assigned Counsel Defenders Plan Inc. of Nassau County April 11 DH: Fireside Chat 1.0 FREE $35 FREE Sign-in begins 12:30 p.m.; Program 1:00—2:00 p.m. April 11 Zarda, Bostock and Harris 1.5 1.5 FREE $35 N/A April 30, 2019 The Nassau Academy of Law is pleased to announce that the Hon. April 16 Proving Status and Kinship 2.0 2 FREE $70 N/A Dean’s Hour: Wrongful Convictions and Prosecutorial Misconduct Richard P. Donoghue, United States Attorney for the Eastern District April 17 DH: Red Flags in Litigation - Damage Reports 1.0 √ 1 FREE $35 N/A of New York, shall be our guest speaker for a Dean’s Hour. As U.S. Presented by Martin H. Tankleff, Esq. and Joel B. Rudin, Esq. April 29 DH: E-Discovery Made Simple Part 2 1.0 √ 1 FREE $35 N/A Attorney, Mr. Donoghue is the chief law enforcement office for the With the NCBA Civil Rights Committee and the Assigned Counsel Defenders Program, Inc. of Nassau County Program sponsored by Esquire Bank and Elite Technology federal government in this area. As such, he supervises and prioritizes April 30 DH: Wrongful Conviction 1.0 1 FREE $35 FREE Sign-in begins 12:30 p.m.; Program 1:00—2:00 p.m. hundreds of significant and wide-ranging federal cases. In a “fireside April 30 Free Speech, Free Society 2.0 2 FREE $70 N/A Credits offered: 1 credit in professional practice chat” format, Mr. Donoghue shall be addressing a number of current May 6 View from the Appellate Bench 2.0 √ 2 FREE $70 FREE and highly diverse topics, sure to be of great interest to practitioners April 30, 2019 May 7 Fred Korematsu 2.0 2 FREE $70 N/A from many different practice areas. This program will be moderated by Free Speech, Free Press, Free Society: Justice Sonia Sotomayor’s Contributions to the Jurisprudence √ DIVERSITY CREDIT AVAILABLE Prof. Anthony Michael Sabino, Assistant Dean of the Nassau Academy Presented by Chief Judge Dora L. Irizarry, Hon. Helen Voutsinas, Hon. Linda K. Mejias, Veronica Renta of Law. The Academy thanks Anthony for his invaluable assistance in √ SKILLS CREDIT AVAILABLE Irwin, Esq., and Oscar Michelen, Esq. The Academy wishes to thank Prof. Anthony Michael Sabino, Assistant bringing this program to fruition. CD/DVD ORDER FORM THOSE WISHING TO PURCHASE TITLES Dean of the Nassau Academy of Law for coordinating this program. Credits offered: 1 credit in professional practice TOTAL CD/DVD With the NCBA Criminal Courts Law and Procedure, Federal Courts, Civil Rights, Diversity and Inclusion Area of Law Seminar Name This program will NOT be videotaped. Must pre-register. P D E Credits Member N/M Seminar Code Committees, and the Long Island Hispanic Bar Association ADR Mediation Matters Program sponsored by NCBA Corporate Partners Realtime Reporting and AssuredPartners Northeast 2.0 2 50/55 70/75 22819 April 11, 2019 Sign-in begins 5:00 p.m.; Program 5:30—7:30 p.m. General Lights, Camera, RBG 3.0 3 75/80 105/110 31919 Zarda, Bostock and Harris: Does Title VII Prohibit Discrimination Credits offered: 2 credits in professional practice Estate Ending an Estate or Trust 2.0 2 50/55 70/75 20619 on the Basis of Sexual Orientation and Gender Expression? What 13019 Will the Supreme Court Say? (Networking and CLE Seminar) Alcohol DH: Getting in the Spirits: Alcohol/Beverage 1.0 1 25/30 35/40 Chief Judge Irizarry of the Eastern District will moderate this panel discussion of some of our most vital Presented by Paul Millus, Esq., Jonathan Trafimow, Esq., Erin Beth Litigation DH: Non-Traditional Discovery 1.0 1 25/30 35/40 12319 constitutional guarantees, with special emphasis upon Justice Sotomayor’s contributions to the jurisprudence as the Harrist, Esq. and Rick Ostrove, Esq. Moderated by Robert Schonfeld, Diversity DH: Life and Work of Robert Carter 1.0 1 25/30 35/40 22719 first Hispanic Supreme Court Justice, and as a leading circuit and district court judge. Experienced counselors, Esq. and Ellen Tobin, Esq. 30719 young attorneys, and anyone interested in the Constitution shall benefit from this insightful and stimulating P.I. DH: Domino Theory - Proving Proximate Cause 1.0 1 25/30 35/40 With the NCBA Civil Rights, Federal Courts, LGBTQ, Labor & discussion. Please join us for this unique and interesting program. Employment, and Diversity and Inclusion Committees (FOR CD/DVD orders only) SALES TAX: 8.625% Program sponsored by NCBA Corporate Partner Dime CD/DVD ORDER TOTAL: Community Bank May 6, 2019 Name: TOTAL ENCLOSED Light Supper will be provided for attendees A View from the Appellate Bench Presented by Hon. Leonard B. Austin, Hon. Ruth C. Balkin, and Hon. Angela G. Iannacci. Additional speakers Sign-in and networking 5:30—6:00 p.m.; Program 6:00—7:30 p.m. Address: Phone: TBA. Moderated by Barry Fisher, Esq. Credits offered: 1.5 credits in diversity, inclusion and elimination of City/State/Zip: Email: With the NCBA Appellate Practice Committee and the Assigned Counsel Defenders Program, Inc. of Nassau bias. No other credit type will be offered. County Credit Card Acct. #: Billing zip for credit card: Sign-in begins 5:30 p.m.; Program 6:00—8:00 p.m. An expert panel will debate the Second Circuit’s decision and Security Code: ______Exp. Date:______Signature: Credits offered: 2 credits in professional practice or skills dissenting opinions in Zarda v. Altitude Express, Inc., holding that Title PLEASE ALLOW 3-4 WEEKS FOR ORDER PROCESSING VII prohibits workplace discrimination on the basis of sexual May 7, 2019 orientation. The panel will also discuss the Eleventh Circuit’s opposite April 12 and 15, 2019 Fred Korematsu and His Fight for Justice: A Re-Enactment finding in Bostock v. Clayton County, and the Sixth Circuit’s opinion in Presented by the NCBA Diversity and Inclusion Committee NYSBA Dispute Resolution Section and the Nassau County Bar Association present: EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., holding that Title Sign-in begins at 5:00 p.m.; Presentation 6:00—7:40 p.m. Advanced Commercial Mediation Training VII prohibits workplace discrimination against transgender Complimentary cocktail reception 7:45—8:30 p.m. 8:00 a.m.—5:00 p.m. both days people. This presentation is sponsored by five NCBA Committees and there will be considerable opportunities for networking. 2 credits in diversity, inclusion and elimination of bias will be offered for CLE. No other credit type will be offered. Program will be held at the Nassau County Bar Association Program provides 16 CLE credits. The Nassau Academy of Law and the NCBA Diversity and Inclusion Committee invite you to a reenactment April 16, 2019 This program is designed for mediators who have completed—or plan to complete—a minimum of of Korematsu v. United States. On February 19, 1942, President Franklin D. Roosevelt issued Executive Order Proving Status and Kinship & Recent Developments in Surrogate’s 9066, uprooting some 120,000 Japanese-Americans—two-thirds of them American citizens—from their homes on the three days of basic mediation training and who desire to enhance their commercial mediation skills. Court Practice Registration fee includes continental breakfast, lunch, and program materials. Presented by Hon. Margaret Reilly and Richard Kerins, Esq. West Coast and forcing them into internment camps. Fred Korematsu refused to go. He was arrested, and convicted With the NCBA Surrogate’s Court Estates and Trusts Committee of violating the Executive Order and related military proclamations. He appealed his conviction first to the Ninth Registration and CLE credit will be handled by the New York State Bar Association. Program sponsored by NCBA Corporate Partner Dime Circuit and then to the Supreme Court. In 1944, the Supreme Court affirmed his conviction, upholding the To register: http://www.nysba.org/store/events/registration.aspx?event=0FY93 Community Bank Executive Order. In 1983, nearly forty years later, the federal court in San Francisco vacated Korematsu’s conviction after evidence was uncovered showing that the government had suppressed evidence that undermined its Sign-in begins 5:00 p.m.; Program 5:30—7:30 p.m. assertions before the Supreme Court. Dispute Section or NCBA Member: $530 Credits offered: 2 credits in professional practice NYSBA Member: $580 | Non-Member: $680 LIBN—CLE centerfold April 2019 Paper size 23” x 15”; image size 21.25 x 13.25 Nassau Lawyer April 2019 15

LAWYER LIT Typography for Lawyers, 2nd Ed.

By Christopher J. DelliCarpini er—reader attention.” We may write as if the court or law clerk Typography, “the visual component of the written word,” has unlimited time and patience to devote to our work. Closer obviously affects virtually every aspect of legal practice. Yet did Typography for Lawyers, 2nd Ed. to the truth is that our readers are looking for reasons to stop we even hear the term in law school? Have we ever seen a CLE Author: Matthew Butterick reading our work and move on to the next brief in the pile. Good typography, Butterick explains, can help your reader devote less on typography? Has anyone ever mentioned it in practice? How Published: June 4, 2018 can we know whether our work exhibits good typography, or attention to the mechanics of reading and more attention to what good typography even is? List price: $40 your message, while bad typography can distract your reader We can take an hour to read Matthew Butterick’s book. This and undermine your message. slim paperback shows that how we present our text affects how Butterick advocates the modest proposal that, in an age readers react to it. It also shows that, if you are formatting your where every attorney has on his or her desk hardware and software nearly as sophisticated as that of professional publishers, papers like the majority of attorneys, then you could be doing Butterick’s particular contribution is not creating a typogra- much more to improve the appeal of your work. Fortunately, we should hold ourselves to their standards wherever practical. phy for lawyers, but applying the recognized principles of good And not all of those standards will be practical for attorneys Butterick also lays out concrete advice, showing that good typography to legal documents. Other works on typography are racing to beat filing deadlines. But as Butterick shows, with a few typography is within the grasp of any lawyer—and anyone who available and recommended, from Robert Bringhurst’s seminal simple tips we can easily improve our work considerably. does the typing for them. tome The Elements of Typographic Style to Robin Williams’ An Expert Witness accessible read The Mac Is Not A Typewriter. Butterick knows Your PC Is Not a Typewriter our profession, however, and the reasons (good and bad) for the Butterick’s background eminently qualifies him to speak current state of typography in our work. He knows where we are Many of our cherished typographic precedents come from about typography in the legal profession—what it is, and what coming from, and how to bring us where we belong. an era when lawyers generated documents on typewriters, or it can be. He holds a visual-studies degree from Harvard Uni- desktop computers that were essentially typewriters with a versity and a law degree from UCLA. He has worked for type What Is Typography, and Who Cares? screen and a floppy disk drive (millennials, ask your parents). designer The Font Bureau and even released his own fonts, Typography is much more than choosing a font. It encom- Double-spacing, for example, became a requirement when designed especially for use in the legal profession. His experience passes everything that determines the appearance of text on the typewriters could only operate at single- or double-spacing, as a font designer and practicing attorney informed his website, page—the margins, line spacing, line height, paragraph spacing and the former simply packed the text too closely to be read- practicaltypography.com, which led to the award-winning first and indents, as well as the font and typeface (there’s a differ- able. Likewise writing in capital letters and underlining became edition of Typography for Lawyers. His website even offers for ence), the point size of the text, and even the spacing between accepted practice when typewriters had no other means of sale those fonts (and if you didn’t know that you could buy fonts, letters. emphasizing text; the underlining had to be done manually. or why you might, then Butterick’s book is for you). Good typography, as Butterick puts it, “reinforces the goals Yet none of us has ever seen either convention in a law review Butterick furthers the cause with his latest work, the second of the text.” This means that there are no universal answers, article, because those publications have always been capable of edition of Butterick’s Practical Typography. Building off of and for any given purpose there may be several good solutions. doing better. Typography for Lawyers, the book exists only at his website, an “Your ability to produce good typography,” he writes, “depends We might fall back on authority, and claim that court rules experiment in web-based books that expands Butterick’s reach on how well you understand the goals of your text, not on taste require such antiquated methods. Butterick concedes that rules as long as grateful readers support his work with voluntary pay- or visual training.” That should encourage those of us who are rules, even unwritten ones. And some New York courts still ments. While the website is an excellent reference, the paperback might doubt our own taste or lack any visual training. mandate double-spacing, like the Commercial Division,1 the of Typography for Lawyers is much preferable for those under- Good typography should be the goal of every writer “because taking their first study of typography. it helps conserve the most valuable resource you have as a writ- See REVIEW, Page 26

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permission);” and “do not depict any activity 1. 15 USC § 1125. that violates the law, is obscene, lewd, vulgar Use of copyrighted materials 2. 15 USC § 1125(c). PROMOTIONS ... 3. 15 USC § 107. Continued From Page 6 or defamatory, involves violence, drugs or in social media promotions 4. 17 USC § 106. alcohol, is dangerous, disparages competitors, 5. See A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, or is otherwise inappropriate.” Submission 1013 (9th Cir. 2001)(noting that to establish a direct sponsor may have liability if the video or photo raises a number of potential infringement claim, a plaintiff must show ownership is used by the sponsor in an advertising cam- requirements and any limitations should be of the allegedly infringed material and that the alleged paign, on television or in a print ad, unless it has prominently disclosed at, or in proximity to, issues and risks relating infringer violated at least one of the exclusive rights set obtained the consent and a release from all par- the point of entry. The sponsor is advised to forth in Section 106); Perfect 10 v. Cybernet, 213 F. Supp. put measures in place to screen, monitor and to infringement of third 2d 1146, 1168 (C.D. Cal. 2002)(to prevail on a direct ties whose likeness appears in the submission. copyright infringement claim, it must be shown that Either way, a defense may be available to the filter submissions, and the promotion rules defendants “actively engage in” and “directly cause” one of sponsor if the use (in whichever form and man- should reserve the sponsor’s discretionary party rights, both for the the activities set forth in Section 106). right to disqualify an entrant and take down 6. Ringgold v. Black Entertainment Television, Inc., 126 F.3d ner) is fleeting and insignificant, as some courts 70, 74 (2d Cir. 1997). have held that an incidental use of one’s picture and remove any submission that it deems to be participant and the sponsor infringing upon another’s rights or otherwise 7. Id. at 75. does not amount to a right of publicity viola- of the promotion. 8. See Video-Cinema Films, Inc. v. The Lloyd E. Rigler- tion. 20 If the posted photo or video includes the inappropriate, objectionable or not in compli- Lawrence E. Deutsch Found., No. 04 Civ. 5332 , 2005 WL ance with the promotion rules. 2875327 at *6 (S.D.N.Y. Nov. 2, 2005)(unauthorized use of likeness of a person that is merely one of many an 85 second clip from a two hour film not de minimis); photos or videos posted on the site, and it is not The sponsor should also decide how it intends to use the submission and the pro- Twentieth Century Fox Film Corp. v. Marvel Enters., Inc., used as an endorsement of the sponsor’s prod- third party trademarks and should also con- 155 F. Supp.2d 1, 46 (S.D.N.Y. 2001) (incorporation of motion rules should clearly disclose the rights uct or services, then it could be argued that the sider whether or not it wants the image con- three second film clips into advertising not de minimis that it seeks to acquire. For example, if the sub- where clips appear prominently and are plainly observable use is simply incidental to shield the sponsor nected to its brand. To further reduce liability, missions will be incorporated into an adver- to the lay viewer). from liability.21 a sponsor should avoid promotion concepts 9. 17 U.S.C. § 107. tising campaign, the sponsor may want to that arguably induce infringement, for exam- 10. Id. Examples of Best Practices to obtain all copyright ownership interest in the ple, by encouraging entrants to submit photos 11. See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, Mitigate against Liability submissions (or, at minimum, to the winning that an entrant copied or found online. 577-78 (1994); Elvis Presley Enters. Inc. v. Passport Video, submissions) or perhaps a perpetual license 349 F.3d 622, 627 (9th Cir. 2004); Association of Am. Med. Online sweepstakes and contests should Coll. v. Cuomo, 928 F.2d 519, 524 (2d Cir. 1991). for use. If the sponsor intends use of the sub- Conclusion 12. See MacLean Assoc., Inc. v. Wm. M. Mercer-Meldinger- always have written official rules, which con- mission for limited purposes, such as simply rd This article highlights only some of the Hansen, Inc., 952 F.2d 769, 778-79 (3 Cir. 1991). stitute a promotion sponsor’s “contract” with posting on its website or sharing on its social 13. Field v. Google, Inc., 412 F. Supp.2d 1106, 1116 (D. Nev. potential legal issues that may be associated its entrants. The official rules should include platforms, a limited license may be sufficient 2006); Parker v. Yahoo!, Inc., 2008 U.S. Lexis 74512 *10 with promotions conducted on social media (E.D. Pa. 2008). important information such as eligibility for for that usage. platforms. While social media offers a com- 14. Id. at 1116. entry, the steps that must be taken for entry, a Regardless of whether a sponsor intends pany many benefits and opportunities for 15. Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 description of the prizes available to be won, to own or license any submission, prior to U.S. 913, 930 (2005). viral marketing and real-time interaction with as well as the approximate retail value of the use, the sponsor should clear the intellectual 16. Id. at 942; see also Gershwin Publishing Corp. v. consumers, legal counsel should ensure that Columbia Artists Management, Inc., 443 F.2d 1159, 1162 prizes and a myriad of other recommended property rights that have been incorporated its promotion is compliant with the myriad of (2d Cir. 1971)(“one who, with knowledge of the infringing provisions. within the UGC to mitigate against potential activity, induces, causes or materially contributes to the applicable laws. To reduce a promotion sponsor’s legal exposure to infringement claims. For example, infringing conduct of another, may be held liable as a ‘con- risks, in the official rules, the sponsor should the sponsor should examine the content of Terese L. Arenth is a partner with Moritt tributory’ infringer’”). 17. Grokster, 545 U.S. at 930. disclose clear content submission guidelines, submissions that contain images to determine Hock & Hamroff LLP in its Garden City office, where she chairs its Marketing, 18. Perfect 10, 487 F.3d at 730. including any type of content that is unac- if the image has a celebrity or some other 19. Currently, nineteen states, including New York (see Civ. Advertising & Promotions practice group, as Rights Law § 50), recognize a right of publicity by statute. ceptable and any general prohibitions, such third party depicted in the image, which may well as co-chairs its Cybersecurity, Privacy as “do not use third party materials;” “do not Another twenty-eight states recognize it via common law. require that person’s consent and release to & Technology practice group, both of which 20. See e.g. Almeida v. Amazon.com, Inc., 456 F.3d 1316 copy existing works;” “do not show a third the use of his/her image. The sponsor should are within the firm’s Intellectual Property (11th Cir. 2006). party in the photo/video (without written ensure that the image does not contain any department. 21. Id.

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Save WE CARE the The WE CARE Fund Date We Acknowledge, with Thanks, 24th Annual Contributions to the WE CARE Fund DONOR IN HONOR OF Golf and Karen Bodner Cheryl Helfer, on the birth of her granddaughter, Esther Gina and Brian Cohen To Commence Our Wedding, Dedicated to Tennis Classic Barry Cohen Adrienne and Roger Hausch Hon. David P. Sullivan, recipient of the Norman F. Lent Memorial Award from the Monday, July 29, 2019 Criminal Courts Bar Association of Nassau County Adrienne Hausch Stephen Gassman, 2019 Nassau County Bar Brookville Country Club The Muttontown Club Association Distinguished Service Medallion Recipient Old Brookville, NY East Norwich, NY Andrea Jordano Stephen Gassman, 2019 Nassau County Bar Association Distinguished Service Honoring Medallion Recipient DONOR IN MEMORY OF Roger B. Tilles Hon. Stacy D. and Chuck Bennett Ekaterine Grouzis, mother-in-law of Hon. Helen and Voutsinas, Nassau County Supreme Court Justice Hon. Angelo A. Delligatti Richard Betz, husband of Sharon Betz Samuel J. Ferrara Hon. William Kent John Farrell Joanne and Frank Gulotta, Jr. Ekaterine Grouzis, mother-in-law of Hon. Helen President - PHP Voutsinas, Nassau County Supreme Court Justice Adrienne Hausch Hope Williams, mother of Hon. Lisa Williams Barton R. Resnicoff Hope Williams, mother of Hon. Lisa Williams Stephen Gassman Award Recipient Salenger, Sack, Kimmel Anthony Gulotta and Bavaro, LLLP Florence Fass, Esq. In Memory Of Raymond Feinman, Father Of Hon. Thomas Feinman, Nassau County Supreme Court Justice Hon. Stacy D. and Chuck Bennett Joanne and Frank Gulotta, Jr. Hon. Angelo A. Delligatti Adrienne and Roger Hausch Find out more at www.WeCareGolf.com or contact Emily F. Franchina Jody Ratner at (516)747-4070 x226 or [email protected]. Checks made payable to Nassau Bar Foundation — WE CARE The WE CARE Golf & Tennis Classic was founded by Stephen W. Schlissel Contributions may be made by mail: . NCBA Attn: WE CARE • 15th & West Streets Mineola, NY 11501

WE CARE

Mets vs. Yankees Tuesday l July 2, 2019 7:10 p.m. Citi Field $150/tkt Ticket includes a $30 food/merchandise voucher throughout the stadium!

Part of the proceeds will help to send deserving children to a Long Island Nets game at the Nassau Veterans Memorial Coliseum.

To purchase tickets, contact Jody Ratner at (516)747-4070 x226 or [email protected]. Nassau Lawyer April 2019 19

ly retired on December 31, 2018, and plans to continue his PRO BONO ATTORNEY OF THE MONTH volunteer activities with NCBA’s Pro Bono Mortgage Fore- closure Project. This year he has registered with the Attorney Emeritus Program in accordance with the rules of the Office of Court Administration. Mr. Goldstein has a distinguished record of service, having been a member of the Executive Committee of the Real Property Section of the New York State Bar Association for approximately eight years in the 1990s. He is a longstanding member of the Nassau County Bar Association and is active with the Real Property, Landlord Tenant and District Court BY KAREN SCADUTO Committees. Gerald Goldstein Through his participation with the various bar association committees, Mr. Goldstein became aware of mortgage foreclosure abuses. He explains that he felt a professional responsibility to help people who have been misled or defrauded. In the vast majority of matters he has advised at the Foreclosure Clinics, he has found that most homeowners have valid rea- The Nassau County Bar Association (NCBA) is delighted Mr. Goldstein is very proud of his roots, having followed sons for failing to timely make mortgage payments, including to honor Gerald Goldstein, Esq. as our Pro Bono Attorney of Ruth Bader Ginsberg at P.S. 238 some six years after she com- sickness, matrimonial issues and job loss. the Month. Mr. Goldstein has enjoyed a long and fulfilling pleted her early education there. At Lafayette High School Mr. Goldstein described the great sense of satisfaction he career since graduating from New York University School in Brooklyn, he was a self-described “gym rat” and varsity experiences because he is able to help people, after having soccer player. enjoyed a prosperous career as an attorney for 50 years. He of Law in January of 1966. He began his pro bono activities admits that there are times when the prospects for resolution with the NCBA two years ago. This past year, he has donated He attended NYU Law School and his first professional position was with the Office of the Comptroller of the Cur- are not terribly optimistic, but believes that through the Mort- numerous hours at NCBA bi-monthly Foreclosure/Sandy gage Foreclosure Project, “we do everything possible to get rency. During this time he developed an interest in what Clinics, assisting homeowners facing foreclosure, counseling homeowners back on track by putting a great team in place to was then known as subsidized housing. Thereafter, he spent them and exploring debt remediation options, ultimately steer them through the mandatory settlement process.” ten years working for a firm that represented developers He has enjoyed a loving 52-year marriage and a very close helping several to save their homes. and builders of housing. From here Mr. Goldstein moved Mr. Goldstein exhibits tremendous patience and com- relationship with his two surviving children and two grand- on and served for 35 years as an Associate, and then as a children. We are proud to honor Gerald Goldstein as our passion when meeting with clinic clients, many of whom are Partner, for a midsized firm practicing real estate, including latest Pro Bono Attorney of the month. in great distress. He provides detailed assessments of debt Announcing Free CLE at the Bar! assisted government housing, with some work in general Attorneys interested in working on the Mortgage Foreclo- resolution options and expert strategic advice for negotiating practice as well. sure Project can contact Karen Scaduto, Settlement Confer- with foreclosing lenders to secure manageable settlement During the past ten years, Mr. Goldstein has been a solo ence Coordinator, at the Nassau County Bar Association at terms. practitioner with offices in Mineola and Melville. He official- (516)747-4070 or [email protected].

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FREE CLE! Apply Online at nassaubar.org or call Join Now! (516)747-4070. 20 April 2019 Nassau Lawyer St. John’s Team Wins 36th Annual Hon. Elaine Jackson Stack Moot Court Competition

By Jennifer C. Groh Justice Edward J. Hart Memorial Award for Best Oralist. The law student team from St. John’s The Honorable Sanket J. Bulsara, United University defeated five other teams to win States District Court for the Eastern Dis- the Hon. Elaine Jackson Stack Moot Court trict of New York, presided as Chief Judge Competition, the annual two-day law school on the Moot Court Finals Bench. The distinguished panel of Associate Judges were challenge sponsored by the Nassau Academy Nassau Academy of Law Dean Daniel W. of Law (NAL). Russo, Foley Griffin LLP, Mineola; NAL Past On March 27, 2019, in the Association’s Dean Honorable Andrew M. Engel, Nassau Great Hall, the St. John’s team of Mollie The 2019 Hon. Elaine Jackson Stack Moot Court Finals Bench congratulates the winners. County District Court; NCBA Immediate (l-r) NCBA Past President Peter J. Mancuso, NAL Dean Daniel Russo, St. John’s winning Galchus and James Goodridge won their Past President Steven G. Leventhal, Leven- team James Goodridge and Mollie Galchus, Presiding Judge Hon. Sanket J. Bulsara, arguments over Touro College Jacob D. thal, Mullaney & Blinkoff, LLP, Roslyn; and NCBA Past President Steven G. Leventhal, and NAL Past Dean Hon. Andrew M. Engel. Fuchsberg Law Center’s Nicole Johnson and NCBA Past President Peter J. Mancuso, Nas- (Photo by Hector Herrera) Cameron Good, taking top honors in this sau County District Attorney’s Office. year’s competition. Christopher Chimeri authored this year’s in violation of Title VII of the Civil Rights based on gender stereotyping within the Two traditional awards were also present- problem and Moot Court Chair Christine Act of 1964. The competitors presented meaning of Title VII. ed to recognize the best efforts in oral and Quigley wrote the bench brief. The fact arguments on (1) whether sexual orientation A total of six law student teams compet- written arguments and briefs. St. John’s Uni- pattern was based on the hypothetical termi- discrimination is a function of sex discrimi- ed this year, representing the Maurice A. versity Team Goodridge won the Eugene S.R. nation of a skydiving instructor who claimed nation within the meaning of Title VII and Deane School of Law at Hofstra University, Pagano Best Brief Award. James Goodridge, that his employer discriminated against him (2) whether sexual orientation discrimina- St. John’s University School of Law, CUNY from the winning St. John’s team, won the because of his sexual orientation and gender tion constitutes unlawful sex discrimination and Touro.

SPECIAL THANK YOU TO THE VOLUNTEERS

The Hon. Elaine Jackson Stack Moot Court Competition, coordinated by Nassau LAW YOU SHOULD KNOW Academy of Law Director Jennifer Groh and NAL Executive Assistant Patti Ander- son, involves dozens of volunteer judges, brief scorers and timekeepers during on 90.3 FM WHPC the two-day event. We thank them for their participation. The Academy would like to give a special thank you to Ralph Catalano and Gary Petropoulos of Catalano, Learn About the Law Celebrating 25 Years! on the Radio Hosted by Kenneth J. Landau, Esq. Gallardo & Petropoulos for their extraordinary efforts behind the scenes. Shayne, Dachs, Sauer & Dachs, LLP • Mineola JUDGES Christopher Hon. Tammy Christopher Hon. Gale D. Haner Robbins Haner Berg Hon. Susan T. Daniel W. Russo Bruce Robins Lauren Bristol Kluewer Michael A. Scotto Michelle Russo Children and Divorce* Hon. Steven G. Hon. Maxine S. Leventhal Hon. Scott Siller William Schleifer Broderick Wed., April 17, 2019 • 3:00 p.m. Peter H. Levy L. Susan Slavin Hon. Sanket J. or Mon., April 22, 2019 • 3:30 p.m. Peter J. Mancuso Matthew Weinick TIMEKEEPERS Bulsara Jeffrey Bondoc Christopher Omid Zareh Ralph Catalano Marlborough Jenna Fierstein Meet the President of the NCBA Christopher Paul Millus PROBLEM Timothy Chimeri Kent Moston AUTHOR Gallagher Christopher Wed., April 24, 2019 • 3:00 p.m. Hon. Edmund M. Hon. Sondra K. Aran O’Gara Dane Pardes Chimeri or Mon., April 29, 2019 • 3:30 p.m. Lauren Russo Hon. Andrew M. Gary Petropoulos BRIEF Engel Geoffrey Prime SCORERS MOOT COURT Hon. David Hon. Susan Katz Christopher CHAIR Understanding the LSAT Goodsell Richman Chimeri Christine Quigley Wed., May 1, 2019 • 3:00 p.m. or Mon., May 6, 2019 • 3:30 p.m.

NCBA New Members *You can earn CLE by listening to broadcast, podcast, or purchasing CDs of these shows. Check with the Nassau Academy of Law for details. Contact (516)747-4464 or visit www.nassaubar.org. We welcome the following new members: Attorneys Jessica Toelstedt Matthew Scott De La Torre On WHPC 90.3 FM radio Moritt Hock & Hamroff LLP - LI David H. Yanoff for Voicestream or PODCASTS of these or recent shows Brian McCaffrey Students go to www.nccradio.org Brian McCaffrey, Attorney at Law, P.C. Thomas P. Montefinise

22 April 2019 Nassau Lawyer

Committee Reports

April 12 and 15 at Domus and access company for medical records. An eve- Women in the Law Alternative Dispute a mediation advocacy CLE pro- ning program is scheduled to be held on May Meeting Date: 2/27/19 Resolution gram. The need for a media- 21, 2019, with a presentation on the subject of Chair: Christie R. Jacobson Meeting Date: 3/21/19 tion advocacy program became the Medical Indemnity Fund to be presented apparent during the committee’s by Todd Kipnes and Charles Kutner. At the meeting, the committee hosted a Co-Chairs: Marilyn Genoa, Jess Bunshaft CLE program held on February legal education seminar by Melissa Osipoff, 28 with the Federal Courts and The Committee Reports column is com- Esq., entitled “New State and City Sexual There are myriad ADR ser- Commercial Litigation Commit- piled by Michael J. Langer, a partner in the Law Offices of Michael J. Langer, P.C. Mr. Harassment Laws,” which was co-sponsored vices provided by the Nassau tees. The committee Co-Chairs County Bar Association and the Langer is a former law clerk in the United by the NCBA Civil Rights Committee. The solicited suggestions from mem- courts. In her State of the Judi- States Court of Appeals for the Second lecture covered various topics, including an bers regarding future programs Circuit, and a former Deputy County ciary address, Chief Judge Janet to educate all NCBA members overview of new laws recently passed by New DiFiore spoke about presump- Attorney in the Office of the Nassau County Michael J. Langer about the benefits of ADR and Attorney. Mr. Langer’s practice focuses on York State and New York City to combat sex- tive mediation, which requires to ensure ADR is addressed with matrimonial and family law, estate and com- ual harassment in the workplace. a proper foundation and under- clients in both transactional and mercial litigation, and criminal defense. standing of what presently exists, litigation matters. what is working and what isn’t. The com- Insurance Law mittee reviewed NCBA programs, including Medical Legal Meeting Date: 3/7/19 the Mediation and Arbitration panels, with For Information on an in-depth discussion regarding the guard- Meeting Date: 3/8/19 Co-Chairs: Frank Misiti, Michael C. Cannata ianship pilot project offered to litigants, as Co-Chairs: Mary Anne Walling, Susan LAWYERS’ well as those within the Nassau District The committee meeting featured a CLE Darlington presentation entitled “What Attorneys Need and Supreme Courts and the Eastern and The committee discussed various topics AA MEETINGS to Know: Selected Topics in State and Federal Southern District Courts. Volunteers from the committee will assist with chronicling of interest, including cost agency by estoppel. Insurance Regulation,” which was given by current programs and the extent of their The next meeting is scheduled for May 15, Call guest lecturers Frederick J. Pomerantz and utilization. 2019, at 12:30 p.m., and the planned topic for Stewart Walker. The next meeting is sched- Upcoming CLE programs include the discussion includes a presentation by Michael (516)512-2618 uled for April 18, 2019. Advanced Mediation Training program on Salsbury, Esq., counsel for Verisma, a record

NCBA Committee Meeting Calendar • April 8 - May 8, 2019 Questions? Contact Stephanie Pagano at (516)747-4070 or [email protected]. Please Note: Committee meetings are for NCBA Members. Dates and times are subject to change. Check www.nassaubar.org for updated information.

DIVERSITY & INCLUSION FAMILY COURT LAW & PROCEDURE DISTRICT COURT COMMUNITY RELATIONS & PUBLIC Monday, April 8 Tuesday, April 16 Monday, April 29 EDUCATION 5:30 p.m. 12:30 p.m. 12:30 p.m. Thursday, May 2 Hon. Linda K. Mejias Ellen Pollack Jaime D. Ezratty 12:45 p.m. Moriah Adamo LABOR & EMPLOYMENT GENERAL, SOLO AND SMALL LAW ELDER LAW SOCIAL SERVICES HEALTH Tuesday, April 9 PRACTICE MANAGEMENT ADVOCACY DIVERSITY & INCLUSION 12:30 p.m. Tuesday, April 16 Tuesday, April 30 Thursday, May 2 Paul F. Millus 12:30 p.m. 12:30 p.m. 5:30 p.m. Deborah E. Kaminetzky Kathleen Wright/Danielle M. Visvader Hon. Linda K. Mejias ASSOCIATION MEMBERSHIP Wednesday, April 10 ETHICS DIVERSITY & INCLUSION FAMILY COURT LAW & PROCEDURE 12:45 p.m. Tuesday, April 16 Tuesday, April 30 Monday, May 6 Adam D’Antonio 5:30 p.m. 5:30 p.m. 5:30 p.m. Alfred C. Constants, III Hon. Linda K. Mejias Ellen Pollack MATRIMONIAL LAW Wednesday, April 10 DIVERSITY & INCLUSION ANIMAL LAW EDUCATION LAW 5:30 p.m. Tuesday, April 16 Tuesday, April 30 Tuesday, May 7 Jennifer Rosenkrantz 5:30 p.m. 6:00 p.m. 12:30 p.m. Hon. Linda K. Mejias Matthew A. Miller Candace J. Gomez REAL PROPERTY LAW Wednesday, April 10 ATTORNEY/ACCOUNTANT PLAINTIFF’S PERSONAL INJURY REAL PROPERTY LAW 5:30 p.m. Wednesday, April 17 Wednesday, May 1 Wednesday, May 8 Mark S. Borten/Anthony W. Russo/ 12:30 p.m. 12:30 p.m. 12:30 p.m. Bonnie Link Jennifer L. Koo/Edith Reinhardt John Coco Mark S. Borten/Anthony W. Russo/ Bonnie Link LGBTQ ALTERNATIVE DISPUTE RESOLUTION HOSPITAL & HEALTH LAW Thursday, April 11 Wednesday, April 17 Thursday, May 2 ASSOCIATION MEMBERSHIP 8:15 a.m. 5:30 p.m. 8:30 a.m. Wednesday, May 8 Joseph G. Milizio/Barrie E. Bazarsky Marilyn K. Genoa/Jess A. Bunshaft Douglas M. Nadjari 12:45 p.m. Adam D’Antonio NEW LAWYERS WOMEN IN THE LAW PUBLICATIONS Monday, April 15 Thursday, April 18 Thursday, May 2 MATRIMONIAL LAW 6:30 p.m. 12:30 p.m. 12:45 p.m. Wednesday, May 8 Jamie A. Rosen/John C. Stellakis Christie R. Jacobson Anthony J. Fasano/Rhoda Y. Andors 5:30 p.m. Jennifer Rosenkrantz VETERANS & MILITARY LAW Tuesday, April 16 12:30 p.m. Gary Port Nassau Lawyer April 2019 23

iN BRieF

Abrams, Fensterman, Fenster- baum and Leo Gabovich. hosted Arm Award” by Martin Luther School, at man, Eisman, Formato, Ferrara, a webinar on NYS Tax Collection its spring gala, in recognition of the firm’s The Nassau Lawyer welcomes submissions to the IN BRIEF column announc- Wolf & Carone, LLP announced and Sales Tax Audits. many years of encouragement, friendship ing news, events and recent accom- that Jeffrey R. Neuman, a mem- and support for this educational community. plishments of its current members. Due ber of the Health Care Reimburse- Frier Levitt LLC, a nation- Partners Stuart H. Schoenfeld and Gregory to space limitations, submissions may ment and Recovery Practice Group, al boutique healthcare law firm, L. Matalon were interviewed on the radio be edited for length and content. has been promoted to Partner proudly announces that Joel M. program “Faithful and Smart.” They spoke PLEASE NOTE: All submissions to the and Frank A. Mazzagatti joined Greenberg has joined the firm as about various elder law and estate plan- IN BRIEF column must be made as the firm as a partner in the firm’s a partner in its Long Island office. ning topics relevant to churches and their WORD DOCUMENTS. Health Law Practice Group. Mr. Greenberg is an experienced congregants. Several CBM&S attorneys will healthcare attorney who has been present at the Long Island University Trusts PLEASE EMAIL YOUR SUBMISSIONS TO recognized as a SuperLawyer NCBA and NYSBA Past-Pres- & Estates Day in May. Partners Robert [email protected] with subject ident A. Thomas Levin gave a Marian C. Rice in each of the past seven years Barnett and Mr. Matalon will participate in line: IN BRIEF presentation on “5G Small Cell and who has served as Co-Edi- a roundtable on TCJA considerations and Facilities” at the Allen I. Sak tor-In-Chief of The Legal Manual at a seminar on “Ending an Estate.” Mr. The In Brief column is compiled by Marian Memorial Lecture program at the Suffolk for New York Physicians, a joint publication C. Rice, a partner at the Garden City law of the New York State Bar Association and Schoenfeld and associate Monica Ruela will Academy of Law and was a panel member for firm L’Abbate Balkan Colavita & Contini, the Medical Society of the State of New York present on Elder and Special Needs Planning. a discussion of municipal ethics. Mr. Levin, LLP where she chairs the Attorney Profes- a partner and General Counsel at Meyer, for the past three editions. Tax Controversy partner Yvonne Cort will sional Liability Practice Group. In addition Suozzi, English & Klein PC, was Co-chair of present on Beneficiary and Trustee Liability, the Local and State Government Law Section Capell Barnett Matalon & Schoenfeld and counsel Damianos Markou and Mr. to representing attorneys for 35 years, Ms. program at the January 2019 New York State LLP was presented with the “Schott in the Matalon will present on Trusts and Estates. Rice is a Past President of NCBA. Bar Association Annual Meeting, where he presented on the topic of “Municipal Fees and Deposits.” Mr. Levin was also re-elected to a three-year term as a Trustee of the His- torical Society of the New York Courts, and 2019 Law Day a one-year term as Counsel to the Society.

Robert S. Barnett, a founding partner of Annual Awards Dinner Capell Barnett Matalon & Schoenfeld LLP, Wednesday, May 1, 2019 announced the expansion of the firm and relo- cation of the Manhattan office to 1385 Broad- Cocktail Reception 5:30 P.M. way, 12th floor, New York, New York 10018. Dinner & Awards Presentation 6:30 P.M.

Forchelli Deegan Terrana announced that at the Nassau County Bar Association NCBA Treasurer, Gregory Lisi, presented a seminar on “New York’s Sexual Harass- ment Law” to the Long Island Auto Body Repairmen’s Association (LIABRA) and the Auto Body Craftsmen’s Guild and, with Free Speech, Free Press, Free Society Lisa Casa, presented at Nassau Academy of Law’s Bridge-the-Gap seminar weekend. HONOREES Their seminar was titled “Sexual Harass- ment in the #METOO Era.” Ms. Casa was LIBERTY BELL AWARD spotlighted as a Long Island Business News Elaine Gross, President “Who’s Who in Labor Law.” The New York ERASE Racism Real Estate Journal published John Terrana and Robert Renda’s article, “A Closer Look at Nassau County’s Reassessment: What the PETER T. AFFATATO COURT County’s Reassessment Really Means,” while EMPLOYEES OF THE YEAR AWARD The New York Environmental Lawyer of Robert H. Truzzolino New York State Bar Association published Commissioner of Jurors Andrea Tsoukalas Curto and Jessica A. Nassau County Supreme Court Leis’s article, “What Developers and Land and Use Practitioners Need to Know about the Sgt. Anthony Mitchell, Court Officer New SEQA Amendments.” Jane Chen par- Nassau County District Court ticipated in Hofstra University School of Featuring Keynote Speaker Law’s Mentorship Program. THOMAS MALIGNO PRO BONO Ronald Fatoullah of Ronald Fatoullah & Stone Grissom, Esq. ATTORNEY OF THE YEAR AWARD Associates presented at the Legal & Financial Journalist Wendy Hamberger, Esq. Planning Conference sponsored by the Long News 12 Long Island Anchor Island Alzheimer’s Association. The event was for people in the early stage of Alzhei------mer’s disease, their care partners and family LAW DAY 2019 ● Wednesday, May 1, 2019 Mail: NCBA Law Day, 15th & West Streets, Mineola, members. Elizabeth Forspan, the managing Seating is limited. Reservation deadline is April 26. NY 11501 attorney of the firm, presented on “Estate 516-747-4147 and Long-term Care Planning” for the Asso- Fax: ciation of Retired Police. Name Or reserve online: nassaubar.org

Adam Silvers, Managing Partner at Phone Check payable to NCBA (enclosed) Ruskin Moscou Faltischek, is pleased to announce that Lisa Fenech and Brian Pas- # of Guests @$60 pp TOTAL $ Credit Card sarelle have joined the fi rm as Associates. Ms. Fenech will be a member of the Trusts & Guest Names Estates Department and the Estates Litigation Name on card practice group while Mr. Passarelle will join the Commercial Litigation department

Karen Tenenbaum of Tenenbaum Law, Credit Card # P.C. spoke about residency to a wealth management firm, “Protecting Snowbirds from a New York Residency Audit”; was published Exp. Date SEC Code Billing Zip Code in Long Island Weekly, “What to Do If You Can’t Pay The IRS”; and was quoted in Nassau County Bar Association, 15th and West Street, Mineola, NY 11501 ● (516) 747-4070 Bloomberg Quint, “High-Tax States Make It Hard for the Rich to Leave.” Ms. Tannen- 24 April 2019 Nassau Lawyer

NCBA PRESENTS JUDICIAL NCBA PORTRAITS Sustaining Members 2018 - 2019

Every year thousands of attorneys renew their membership in the Nassau County Bar Association. In addition to dues, some members show their appreciation to the NCBA by making a special contribution and becoming a Sustaining Member. The NCBA is grateful for these individuals who strongly value the NCBA’s mission and its contributions to the For nearly 100 years, the Nassau County Bar Association has honored NCBA members of the judiciary by presenting them with judicial robes upon betterment of the legal profession. their installation. NCBA also honors the contributions of retiring Supreme Court justices by commissioning portraits that are displayed in the ceremo- Mary Ann Aiello Martha Krisel nial courtroom of the Nassau County Supreme Court. Mark E. Alter John F. Kuhn The latest portraits were dedicated on March 8, 2019, at the Nassau County Supreme Court. From left are retired Supreme Court Justice Leon Applewhaite Donald F. Leistman Norman Janowitz, Nassau County Administrative Judge Norman St. George, Rosalia Baiamonte Steven G. Leventhal retired Supreme Court Justices Daniel R. Palmieri and William C. Donnino, Ernest T. Bartol Peter H. Levy and NCBA President Elena Karabatos. (Photo by Hector Herrera) Howard Benjamin Gregory S. Lisi Jack A. Bennardo Michael G. LoRusso Allan S. Botter Robert G. Lucas Howard R. Brill Hon. Roy S. Mahon Hon. Maxine S. Broderick Peter J. Mancuso FREE Confidential Help Is Neil R. Cahn Tomasina C. Mastroianni Louis F. Chisari John P. McEntee Available Alan W. Clark Christopher T. McGrath Exclusively for the Legal Community Hon. Leonard S. Clark Anthony J. Montiglio Richard D. Collins Matthew Morris Daniel J. Dillon Rose Nankervis Hon.Dorothy T. Eisenberg Hon. Michael L. Orenstein Alcohol Charo Ezdrin Michael E. Ratner Howard S. Fensterman George P. Ricci Drugs Jordan S. Fensterman Catherine Rizzo Stress Samuel J. Ferrara Marc W. Roberts Ellen L. Flowers Edward T. Robinson III Anxiety Russell C. Friedman Leonard M. Rosenberg Depression Lawrence R. Gaissert Hon. Marie G. Santagata Practice Closings Marc C. Gann Stephen W. Schlissel Eugene S. Ginsberg Hon. Peter B. Skelos Gambling John J. Giuffre Ira S. Slavit Douglas J. Good Hon. Arthur D. Spatt Elliot S. Gross Hon. Joseph J. Sperber Hon. Frank A. Gulotta Jr. Jill C. Stone Alan B. Hodish Joseph B. Strassman Confidential Warren S. Hoffman Sanford Strenger James P. Joseph Claire Talwar Protected by Elena Karabatos Thomas A. Toscano Section 499 of the Judiciary Law Hon. Susan T. Kluewer Hon. Joy M. Watson

LAWYER ASSISTANCE PROGRAM To become a Sustaining Member, (888)408-6222 please contact the [email protected] NCBA Membership Office at Nassaubar-lap.org

(516)747-4070. LAP is supported by grants from the We Care Fund, part of the Nassau Bar Foundation, NCBA's charitable arm and the NYS Office of Court Administration.

26 April 2019 Nassau Lawyer

once and for all, why only one space between ing the bad habits we cling to and revisions initial investment of time and tinkering to REVIEW ... sentences is proper unless you’re using a incorporating his advice. From pleadings to get your styles and page layout the way you Continued From Page 16 monospaced font like Courier—itself a dubi- business cards, he shows how any of us could want it, you’ll never have to set it again— ous decision he addresses elsewhere. improve our written work with a few simple unless you want to. Eastern and Southern Districts,2 and even the Butterick continues into a discussion of but fundamental changes. But how do you make decisions about Appellate Division, despite a comprehensive text formatting, which encompasses fonts Butterick also addresses the cultural rea- a consistent typography, especially within a revision of their rules just last year.3 But while and much more. These matters are more sub- sons for the current state of typography in firm? In the foreword to Typography for Law- individual Supreme Court justices may insist jective than typing conventions, but still lend legal work. Court rules on margins and point yers, author Bryan A. Garner humorously on double-spacing,4 the Uniform Rules do not, themselves to rubrics every modern attorney size, he explains, exist to ensure fairness to offers scripts for broaching the subject with except in typewritten briefs.5 should follow: when you can emphasize text the parties and convenience for the court even the most recalcitrant colleagues up and Butterick is hardly a voice in the wilderness, (judiciously) with italics or boldface, for personnel who have to read our filings. He down the pyramid. For firms where manage- as some courts have already tried to nudge legal example, there’s no good reason to underline also recognizes that the court rules are not to ment is on-board, Butterick’s book can be the writers into the modern era. The U.S. Court of text as in the typewriter era, or to SET IN blame for the quality of our work, but rath- springboard to discussions about how a firm- Appeals for the Seventh Circuit has on its web- ALL-CAPS ANYTHING LONGER THAN er a combination of the bandwagon effect; wide typographic style can create a bra nd, and A FEW WORDS, certainly not anything you site an extensive discussion about modern typo- force of habit; lack of typographic education convey an image to clients and counterparts. expect people to read. graphic conventions that lawyers should adopt.6 or skill; and the fear that good typography In a firm that practices salutary neglect, Much of Butterick’s advice will help us The New York Law Reports Style Manual, the would actually be a distraction. however, letting attorneys generate docu- transition from the typewriter-mindset, to official guide for courts in the State, offers little ments with no consistent style, perhaps the use the freedom that word-processing soft- Taking the First Step guidance on typography, but interestingly does best method is to lead by example. Create a ware gives us while observing the principles show how court opinions may be written with Butterick’s easy, accessible prose belies template for your own documents, doing your of typography to avoid counterproductive how difficult it would be for many of us to best to follow Butterick’s approach. Take any citations in footnotes, a simple task with Word choices. Fundamental questions like page or WordPerfect.7 Indeed, practitioners must follow his advice. Could we single-space a opportunity to discuss these issues, always margins (an inch all around is just the mini- with patience and humility; your colleagues examine why we have not taken the hint and mum), line length, point size, and line spac- memorandum without a judge’s invitation? still insist on interrupting our arguments with Could we abandon underlining, or that sec- got where they are by doing what they do, ing can have myriad answers, but Butterick after all. Always look at your own work with a case cites in the body of our briefs. shows how to settle on answers that serve the ond space after a sentence, after a career of reinforcing those habits? Do we even trust critical eye, unafraid to learn from experience. Better Typography, Step by Step purpose of making our work easier to read. And have faith that over time your colleagues, Particularly interesting is Butterick’s dis- ourselves to pick a font other than Courier, While bringing your typography close to Helvetica, or Times New Roman? While we and the community, will see the difference cussion of fonts, illustrated with galleries of that good typography can make. professional levels will take time and effort options good and bad. Times New Roman, could implement much of Butterick’s advice busy attorneys may not have, any of us could long the font of choice for typists who never today, a comprehensive reconsideration of Christopher J. DelliCarpini is an attorney implement today most of the concrete tips made a choice, is discussed going back to its our typography will require an investment of with Sullivan Papain Block McGrath & that Butterick offers and explains. time and thought. It may require experimen- Cannavo P.C. in Garden City, representing origins in nineteenth-century newspapers. plaintiffs in personal injury matters. He can Butterick begins this main part of his Butterick does not categorically reject the tation, and trial and error, as we try to answer be reached at [email protected]. book with a discussion of basic typing con- font, but shows many better options avail- questions we may have never thought to ask. ventions that every modern attorney should able on anyone’s desktop. Nor does he rule Once you make your decisions, the best 1. 22 NYCRR § 202.70 Rule 6. employ. Presuming nothing about his read- out monospaced fonts, but Butterick does method for consistently practicing good 2. SDNY & EDNY Civ. Rule 11.1(b). ers’ experience, he covers truly elemental show why the Courier that came bundled typography is to incorporate your decisions 3. 22 NYCRR § 1250.8(h). 4. See Hon. Jeffery S. Brown, Part Rules & Procedures § material, like “smart quotes,” which can be with your computer is an unworthy choice. into templates. At the simplest level, a tem- II.A.3, available at https://tinyurl.com/y4zxpk8m. set automatically within your software. He Butterick also explains how to purchase and plate is a document in which you set the 5. See 22 NYCRR § 202.5(a); CPLR 2101. also covers typing matters many of us may install high-quality fonts, and why that can desired formatting for your page margins, 6. See Requirements and Suggestions for Typography in not know existed, like where to find the body text, headings, and so on. To create a Briefs and Other Papers, available at https://tinyurl.com/ be worthwhile for professionals. y46kyrzl. characters for copyright and ellipsis and how Butterick continues with samples for new document, open the template and save 7. New York Law Reports Style Manual, available at https:// to generate math symbols. He also explains, comparison, of legal documents incorporat- it under a new name. Once you’ve made the tinyurl.com/y54qj3og. NCBA MEMBER SPOTLIGHT

We interviewed NCBA Members at the recent Canvas & Wine Night to find out their favorite part of being a member of the Nassau County Bar Association.

“The Bar is an opportunity to learn from so many different backgrounds. It broadens your horizons educationally, personally, and gives you the opportunity to give back to the community.” — Brad Polizzano

“The NCBA provides a sense of community. It is an easy way to meet colleagues in a relaxed environment. We all come together with a common interest.” — Isabel Mira

“When I first joined the NCBA, I took advantage of the many committees that are offered to members, including the Property Committee. I was able to learn so much and apply that knowledge to my career.” — Rebecca Langweber Nassau Lawyer April 2019 27 OFFICE SPACE LAWYER TO LAWYER

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OFFICE SPACE AVAILBLE Location: 100 Garden City Plaza, Garden City, NY, located around the Roos- LAWYER TO LAWYER RATES evelt Field Loop, easy access to all major parkways. Space: 7 windowed offices, 1 office without windows, and 23 cubicles (INCLUDES PHOTO) Description: All offices and cubicles come fully furnished, reasonably priced at $1,500.00 per office per month, and $500 per cubicle. Each office includes one 5 drawer cabinet. Adequate parking available. Conference rooms and full kitchen with refrigerator, microwave, water cooler and coffee/tea maker. A 1 TIME $110 telephone system, internet, printers, copiers, fax and additional file cabinet space are available if needed.

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FOR MORE INFO, CALL

KATIE COX 631-913-4232

JOE PARRINO 631-913-4253

BABARA PESCUMA 631-913-4249

HOWARD SWENGLER 631-913-4259 2018 Marketing Plan

2019 Marketing Plan

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