THe JOUrnAL Of THe nASSAU COUnTY BAr ASSOCIATIOn October 2020 www.nassaubar.org Vol. 70, No. 2 Like us on Facebook Self-Care in Time of Uncertainty Carolyn Reinach Wolf and in anonymously by changing the name on Elizabeth Eckhardt, LCSW, PhD the sign-in screen and deactivating their 2020-21 NCBA COMMITTEE LIST Page 22 camera, or choosing to call in by telephone, NCBA COMMITTEE By the end of March, our family, profes- which would show only a phone number, not MEETING CALENDAR Page 23 sional, and social life as we knew them came a name. This option has allowed for a more to a screeching halt. The pandemic was in personal and open exchange. full swing. We were, and still are, faced with LAP has received an extremely positive a whole new world of work and play, family, response to the monthly town halls. One SAVE THE DATE and profession. It was at once comforting to Member wrote, “Listening to comments about be safe, but also isolating and bewildering. uncertainty, difficulties with accomplishing VIRTUAL OPEN HOUSE After receiving a surge in callers, emails administrative tasks, filing, coordination of transactions and other pre-COVID matters Monday, October 26 to 30, 2020 and text messages from colleagues and friends to the Lawyer Assistance Program, that we used to take for granted helped calm See pg. 6 LAP Director Elizabeth Eckhardt, Ph.D., my anxieties with such concerns.” LSCW, and Carolyn Reinach Wolf, Esq.— titled, “Where Are We Now and Where Are Personal and mental health attorney and invited member We Going?” These virtual meetings provide of Lawyer Assistance Committee—decided Professional Self-Care lawyers, judges, and law students the oppor- WHAT’S INSIDE to take action. In May 2020, in honor of tunity to speak freely and openly about their The COVID-19 crisis is a marathon, not a Mental Health Awareness Month, the LAP OCA Issue personal and professional concerns regarding sprint. With no clear end in sight, it is more Committee and the NCBA Mental Health important than ever to share the information NYSBA House of Delegates to Vote the state of their lives, professions, and family Law Committee joined forces to address the life during the pandemic. discussed at the CLE and subsequent town on Mandatory COVID-19 very serious effects of this pandemic on the To date, three virtual town halls were halls. The past six months of uncertainty and legal profession. Vaccination pg. 3 held on July 30, August 18, and September change has been challenging. This uncertain- On Thursday, May 7, 2020, Eckhardt and 15. The turnout has been heartwarming and ty is likely to continue into the fall and winter Cause of Death in Vehicular Wolf facilitated the virtual CLE program rewarding, for presenters and participants months, and possibly into 2021. Homicides pg. 5 titled, “During the Coronavirus and Beyond: alike. Topics are focused on the continued The first step discussed in LAP’s program- Lawyers Caring for Themselves, Colleagues challenges of living through COVID-19 and ming has been attorney self-care. While it Broken Promises Amid COVID- and Clients.” With nearly 100 participants, included how to best adapt to new rules and is normal to experience stress, anxiety, and 19: Force Majeure and Other the CLE was a huge success. Attendees were regulations regarding getting back to work, sadness during times of crisis, it is import- anxious to share their experiences to date, ant to be aware of serious warning signs Considerations pg. 6 the mental and emotional challenges of prac- meet and greet virtually, and air their con- ticing law, financial and career challenges, so that help can be sought out. Prolonged To Report or Not to Report Professional cerns, emotions, successes, and challenges. personal challenges, as well as challenges anxiety or stress can lead to depression, Misconduct pg. 7 It quickly became evident that attorneys and employers may be have in determining the substance or alcohol use, or other compul- members of the judiciary were very interested best ways to implement change. sive behaviors. Particularly in the case of NCBA and the Diversity Pipeline pg. 8 in issues related to attorney well-being and Having town hall participants from var- COVID-19, obsessively watching the news Enforceability of COVID-19 Liability that much more was to be discussed. ious sectors of the legal community allows has been detrimental to our mental health. for a knowledgeable exchange of information Taking note of issues such as having difficulty Releases pg. 9 Virtual Town Halls and strategies. As one town hall participant sleeping, concentrating or making decisions, Yes, They Can Make You Tear Down a Given the positive response and clear said, “With a judge, a litigator, a transaction feeling especially fatigued, over or under eat- ing, having difficulty controlling anxious or Finished Building pg.10 notice of wanting more, Eckhardt and Wolf attorney, trained counselors and others, the collaborated further and established the conversations flowed well.” COVID-19 Immunity for Health Care monthly LAP Virtual Town Hall Meeting Participants are offered the option to sign See ASSISTANCE, Page 15 Providers pg.11 Dreams Deferred Among Racial Covenants pg.14 The Value in Membership The Glorious RBG pg.16 Bridget Ryan CLE On-Demand and Virtual In addition to virtual and on-demand CLE Committee Meetings programs, many NCBA Committee meetings During these times of uncertainty, it is are being held virtually on Zoom to ensure that The NCBA is now offering CLE on Members are still able to actively participate on more important now than ever for the legal Demand, a new way to earn continuing legal their chosen committees in a safe and efficient OF NOTE profession to come together. In response to education credit. Members can earn up to way. NCBA Members can cultivate close rela- NCBA Member Benefit - I.D. Card Photo the global pandemic, the Nassau County 12 FREE CLE credits by viewing previously tionships and referrals through participation Bar Association (NCBA) has adapted to this recorded programs whenever and wherever in over 50 substantive committees that provide Obtain your photo for Secure Pass new normal, making membership even more is most convenient for them—at home, at the Members the opportunity to socialize with Court ID cards valuable. Over 4,000 NCBA Members and office, or even on the go! Membership also leaders in their legal field and other attorneys staff have come together during these uncer- includes unlimited FREE live CLE, FREE who practice in your area of law. Only For New Applicants committee CLE, FREE Bridge-the-Gap week- Virtual committee meetings are always tain times to create a stronger and more Cost $10 end, and more. Members can find these pro- private and secure. Only committee mem- unified bar association. As times continue to grams online and register for them by visiting bers and previously approved speakers are change, the NCBA will continue to grow and the NCBA website at www.nassaubar.org, or given the link and allowed access into the UPCOMING PUBLICATIONS adapt, continuing to provide exceptional and by contacting the Nassau Academy of Law at relevant services to Members. [email protected] or (516) 747-4464. See VALUE, Page 21 COMMITTEE MEETINGS

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RANDY C. BOTWINICK JAY HALPERN 34 Years Experience 39 Years Experience LongLong Tuminello, Tuminello,LLPLLP 120120 Fourth Fourth Avenue Avenue Bay Shore, New York 11706 150 Alhambra Circle 2385 NW Executive Center Drive Bay Shore, New York 11706 -- (631) 666-2500 Suite 1100, Coral Gables, FL 33134 Suite 100, Boca Raton, FL 33431 (631) 666-2500 P 305 895 5700 F 305 445 1169 P 561 995 5001 F 561 962 2710 www.longtuminellolaw.comwww.longtuminellolaw.com Toll Free: 1-877-FLA-ATTY (352-2889) From Orlando to M1am1 ... From Tampa to the Keys www.persona11niury1awyer.ws STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCULATION

Nassau Lawyer; Publication number 7505; Complete Mailing Address of Known Office of Publication: 15th & West Streets, Mineola, NY 11501; the mailing address of LOWER COST Headquarters or General Business Offices of the Publisher (Not printer), 2150 Smithtown Ave, Ronkonkoma, NY 11779; Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor: Publisher, Alicia Jabbour, 2150 Smithtown Ave, Ronkonkoma, MEDIATION AND NY, 11779; Editor, Ann Burkowsky, 15th & West Streets, Mineola, NY 11501. Nassau Lawyer is owned by The Nassau County Bar Association, 15th & West Streets, Mineola, NY 11501. Issue Date for Circulation Data Below, July/August, 2020; the average number of cop- ARBITRATION ies of each issue during the preceding 12 months Box 15 is: (A) total copies printed 5338; (B1) Paid/ Requested Outside-County Mail Subscriptions 4187. (B2) Paid In-County Subscriptions: 0. (B3) Sales through dealers and carriers, street vendors, counter sales: 0. (15B4) Other classes mailed USPS: 0; (C) Total Paid and /or Requested Circulation: 4187; Through the Nassau County Bar Association (D1) Free Distribution by mail, samples complimentary and other free copies: 899; (D2) In-county free distribution: 0; (D3) Other classes mailed Free Distribution: 0; (D4) Free distribution outside the mail: 200; (E) Total Free distribution: 1099; (F) Total Distribution: Expeditious, time-saving, and cost-effective solutions 5286; (G) Copies not Distributed: 52; (H) Total: 5338; (I) Percent of Paid: 79.21%. to resolve disputes that might otherwise be litigated The actual number of copies of a single issue published nearest to the filing date is: in court (A) Total number of copies printed 4435; (B1) Paid/ Requested Outside-County Mail Subscriptions: 4143; (B2) Paid In-County Subscriptions: 0. (B3) Sales through dealers and carriers, street vendors, counter sales: 0; (B4) Other classes mailed USPS: 0; (C) Total Available to the public as well as to all legal Paid and /or Requested Circulation: 4143; (D1) Free Distribution by mail, samples com- plimentary and other free copies: 0; (D2) In county free distribution: 0; (D3) Other classes professionals mailed Free Distribution: 0; (D4) Free distribution outside the mail: 200; (E) Total Free distribution: 200; (F) Total Distribution: 4343; (G) Copies not Distributed: 92; (H) Total: Reasonable fees that are less expensive than other 4435; (I) Percent of Paid: 95.39% Electronic Copy Circulation; The Average number of copies in the last 12 months was: alternative dispute resolution providers (16A) Paid Electronic Copies, 0; (B) The Average Paid Print and Paid Digital Copies were 4187; (C) The Average Total Print and Paid Digital Distribution was 5266; (D) Percent Mediators and arbitrators are highly skilled attorneys Paid of Both Print & Paid Digital was 79.21%. Electronic Copy Circulation; The Actual Number of Copies of a Single Issue (16A) Paid Electronic Copies, 4143; (16B) The Average admitted to the New York Bar for a minimum of 10 Paid Print and Paid Digital Copies were 4143; (C) The Average Total Print and Paid Digital years, as well as screened and approved by the NCBA Distribution was 4343; (D) Percent Paid of Both Print & Paid Digital was 95.39%. Judiciary Committee. I certify that all information furnished on this form is true and complete: Ann Burkowsky, Editor For rules, applications, and additional information, REQUIRED BY TITLE 39 U.S.C. 3685 STATEMENT SHOWING OWNERSHIP, MANAGEMENT AND CIRCULATION OF Nassau Lawyer, publication number 7505, filed October 1, 2020, Published monthly except July/ please call (516) 747-4126. August are combined issue, Annual subscription is a part of membership annually at 15th & West Streets, Mineola, NY 11501. The General Business offices of the Publishers are at 2150 Smithtown Ave, Ronkonkoma, NY 11779. Nassau Lawyer October 2020 3

NYSBA House of Delegates to Vote on Mandatory COVID-19 Vaccination

New York State has been devastated—eco- distribution; (b) who refused to be vac- general principles ever can be, made, so far as nomically, socially, and psychologically—by Prioritizing health cinated, argued “that natural persons are concerned.”7 Therefore, the COVID-19 virus. Yet, there will be an care workers and his liberty is invaded it was the duty of the government to protect end to this difficult time. There are approxi- individuals at high- when the state subjects its community against the smallpox epidemic mately nine companies developing a vaccine est risk for compli- him to fine or impris- “and not permit the interests of the many to for the virus, including Pfizer, Moderna, cations and virus onment for neglecting be subordinated to the wishes or convenience and Johnson & Johnson, with an estimated transmission to or refusing to submit to of the few.”8 release date of early 2021.1 others if inadequate vaccination; that a com- New York State courts repeatedly upheld On June 13, 2020, the House of Delegates vaccine supply; and pulsory vaccination law laws concerning mandatory vaccination. In for the New York State Bar Association (c) Linguistically is unreasonable, arbi- Viemeister v. White,9 the New York Court of (NYSBA) received a report and recommenda- and culturally com- trary, and oppressive, Appeals upheld a statute barring a child from tion from its Health Law Section. The Health petent vaccine edu- Michael A. Sarah and, therefore, hostile attending school unless vaccinated. A law Law section recommended that NYSBA sup- cational and accep- Markowitz Olsen to the inherent right of requiring a child’s vaccination against polio, port a proposal to “enact legislation requiring tance program.3 every freeman to care smallpox, and measles was within the state’s vaccination of each person unless the person’s During the June 13, 2020, NYSBA meet- for his own body and health in such way as police power and constitutional—despite the physician deems vaccination for his or her to him seems best; and that the execution of father’s argument that the underlying “med- 2 ing, a group of delegates expressed strong patient to be clinically inappropriate.” dissent concerning mandatory vaccination. such a law against one who objects to vacci- ical theory has not been proven infallible.”10 The Health Law Section’s recommenda- nation, no matter for what reason, is nothing When plaintiff in Phillips v. City of New York Arguments included safety concerns and the 5 tion reads as follows: legality of a mandatory vaccination law. This short of an assault upon his person.” argued that mandatory vaccinations violated After testing and as supported by scientific article considers those arguments. In his reasoned decision, Justice John their religious rights, the court held that evidence, once a safe and effective COVID-19 Marshall Harlan understood that mandatory “mandatory vaccination as a condition for vaccine becomes available, the NYSBA Health Federal and State Law on vaccination may be “distressing, inconvenient, admission to school does not violate the Free Law Section recommends: Mandatory Vaccination or objectionable to some….” He believed that Exercise Clause.”11 • That a vaccine subject to scientific evi- all laws should receive sensible construction dence of safety and efficacy be made In Jacobson v. Commonwealth of and “limited in their application as not to Balancing Test to Determine widely available, and widely encouraged, Massachusetts, the U.S. Supreme Court held lead to injustice, oppression, or an absurd Mandatory Vaccination and if the public health authorities con- that a state may enact a law to mandate that consequence.”6 However, he concluded that it clude necessary, required, unless a per- individuals be vaccinated against a disease is a “fundamental principle that persons and New York will utilize the GRADE son’s physician deems vaccination to be in furtherance of the general welfare and property are subjected to all kinds of restraints approach adopted by the Center for Disease clinically inappropriate; and public health.4 and burdens in order to secure the general Control (CDC) to determine mandatory 12 • The following steps to ensure a planned The issue in Jacobson concerned a comfort, health, and prosperity of the state; of vaccination. GRADE is an acronym for vaccination program: (a) Rapid mass Massachusetts law requiring an individual the perfect right of the legislature to do which vaccination achieved through equitable to be vaccinated against smallpox. Jacobson, no question ever was, or upon acknowledged See VOTE, Page 21 LAP VIRTUAL WELLNESS SERIES CO-SPONSORED BY NYSBA LAWYER ASSISTANCE PROGRAM

Thursday, October 15, 2020 I Everyday Mindfulness Techniques 6:00 PM Presented by Melissa Del Giudice, Founder of Yoga for Health LI, who will lead the group in guided meditations and other mindfulness strategies.

Thursday, October 22, 2020 l Stress Management and Reduction 6:00 PM Presented by Beth Eckhardt and Carolyn Reinach Wolf. This session will focus on stress management in the age of COVID-19.

Thursday, October 29, 2020 I Understanding and Reducing Stigma Surrounding Mental Health and Addiction 6:00 PM Presented by Jacqueline Cara, Esq., Joe Milowic, Esq. and Heather Casale, Esq. Joe and Heather share their personal stories, and LAP Committee Chair Jacqueline Cara will discuss tips and conversation starters designed to facilitate communication and educate others about stigma and ways to reduce it. It starts with you!

Thursday, November 5, 2020 l Healthy Body, Healthy Mind 12:30 PM Presented by Chiropractor and Personal Trainer, Dr. Benjamin Carlow. Dr. Carlow will discuss how healthy living and eating increases well-being.

Thursday, November 12, 2020 I Leading a Meaningful Life 6:00 PM Presented by Libby Coreno, Esq., Co-Chair of the NYSBA Lawyer Well-Being Task Force. Libby will share strategies on how to live a full and meaningful life.

Thursday, November 19, 2020 I Strategies to Recognize and Manage Burn Out 6:00 PM Dr. Kerry Murray O'Hara, Psy.D. will discuss ways to prevent, recognize and manage burnout.

To register for the virtual LAP Wellness Series, contact Beth Eckhardt at [email protected] or call (516) 294-6022. Support LAP! Visit www.nassaubar.org/lawyer-assistance-program-3/ today to make a $25 suggested donation. 4 October 2020 Nassau Lawyer Nassau President’s Column Lawyer The Official Publication “THE EQUAL BECOMES PART OF THE “Using the law as her lever and the constitution as of the Nassau County Bar Association CONSTITUTION IN THE FOURTEENTH her fulcrum, Justice Ginsberg moved the world. Her 15th & West Streets, Mineola, N.Y. 11501 AMENDMENT, SO I SEE THE GENIUS OF legacy is a reminder that, at its best, our legal system Phone (516)747-4070 • Fax (516)747-4147 OUR CONSTITUTION AND OUR SOCIETY IS can harness the power of ideas to achieve social jus- www.nassaubar.org tice.” — Past President Steven Leventhal (2017-2018) E-mail: [email protected] HOW MUCH MORE EMBRACIVE WE HAVE NCBA Officers BECOME, THEN WE WERE AT THE BEGIN- “Justice Ginsberg was a legal giant. But more than NING…” — Justice Ruth Bader Ginsburg that, as a public servant, she offered herself as an President example of a woman who overcame the social stan- Dorian R. Glover, Esq. We mourn the passing of Supreme Court Justice dards of her time to break through the glass ceiling President-Elect Ruth Bader Ginsburg, the second woman appointed and serve on the highest court in the land. She is an Gregory S. Lisi, Esq. Vice President to the United States Supreme Court, as an icon for inspiration to women across the country. She was an Rosalia Baiamonte, Esq. justice. Her legacy and contributions to the legal pro- American icon who will be sorely missed.” — Past Treasurer fession will live on and inspire generations to come. From the President Elena Karabatos (2018-2019) In this President’s column, we pay tribute to Sanford Strenger, Esq. Justice Ruth Bader Ginsburg, beginning with the President “Ruth Bader Ginsburg was a trailblazer, an ardent Secretary first woman president of our Association, Grace D. advocate and fierce defender of women’s rights and Daniel W. Russo, Esq. Moran, a pioneer in her own right, as well as those Dorian R. Glover gender equality. The impact of her legacy will con- Executive Director who followed: tinue to resonate with many generations.” — Rosalia Elizabeth Post Baiamonte, NCBA Vice-President and Co-Chair, Editor-in-Chief Access to Justice Committee Christopher J. DelliCarpini, Esq. “The intellect, Integrity and selfless dedication to Copy Editor the Law exhibited by Justice Ginsburg is abundantly evident “I will remember Justice Ginsburg for being a pioneer for women’s Allison C. Shields, Esq. and has been cited by hundreds of knowledgeable lawyers in equality and civil rights and an inspiration for women and girls of Editor/Production Manager the short time since her death. In addition to her obvious legal all generations. As a justice, I have long admired her forthright- Ann Burkowsky ability, I have admired the wholeness of her personality. She was ness, humor and quiet resistance to injustice.” — Elizabeth Post, Photographer devoted to her family and formed close personal friendships NCBA Executive Director Hector Herrera based on shared interests and not limited by politics or conflict- ing views of the law. To me this speaks volumes as to her ability “It is hard to overstate the impact of Justice Ginsburg on the legal to live a full life with multiple interests despite rising to the top profession and society in general. Her rare combination of bril- October 2020 of a demanding profession. A well lived life.” — Past President liance, courage, compassion, humility, and willingness to fight for General/OCA Grace D. Moran (1994-1995) women’s rights, civil rights, voting rights and basic equality for all is Christopher J. DelliCarpini, Esq. an amazing legacy that we may not witness again in our lifetime.” — Focus Editor “Supreme Court Justice Ginsberg was an absolute Giant among us Kevin P. McDonough, Co-Chair, Access to Justice Committee Rhoda Y. Andors, Esq. in every way. She was a tireless Champion for Justice and Equality Cynthia A. Augello, Esq. for All. The World is truly a better place because of her.” — Hon “It is rare that the death of a Supreme Court Justice is experienced as Rudolph Carmenaty, Esq. Norman St. George, J.S.C. Administrative Judge grief and personal sadness by so many. Ruth Bader Ginsberg’s pass- Andrea M. DiGregorio, Esq. ing has produced such feelings as she was both a larger-than-life Jeff H. Morgenstern, Esq. “We have lost a giant. We must work hard to keep her legacy alive.” inspiration to women and other marginalized people and someone Tammy Smiley, Esq. —Past President Hon. Susan Kluewer (2006-2009) who repeatedly effectuated real change for the better. Her actions “Her passing is a great loss to this Country and to its citizens.” even prior to her appointment to the high court justify her hold- Upcoming Focus Issues — Past President M. Katheryn Meng (2000-2001) ing an historic place of honor in this country in the fields of civil rights and gender equality. Additionally, the stirring words of her November 2020 “Ruth Bader Ginsburg was a champion for justice and is an Supreme Court decisions—and dissents—will continue to galvanize Criminal Law American hero. May all attorneys and judges continue her life those who seek justice for all. The persistent success of Ruth Bader December 2020 legacy celebrating her ability to “speak truth to power.””.— Hon. Ginsberg emboldened me, as a woman and an attorney, to choose Commercial/Bankruptcy/Tax Law Lance D. Clarke (2007-2008) to seek justice through becoming an Assistant District Attorney and doing primarily trial work in the 1980s despite considerable dis- “A life well lived.” — Past President Emily F. Franchina (2009-2010) couragement from the culture generally and even from many peers Committee Members and judges. Justice Ginsberg will be sorely missed.” — Bernadette K. Christopher J. DelliCarpini, Esq., “The Honorable Ruth Bader Ginsburg will forever be remembered Ford, Chair, Civil Rights Committee Co-Chair as an iconic crusader and dynamic voice for equality and justice Andrea M. DiGregorio, Esq., Co-Chair for all.” — Past President Hon. Susan Katz-Richman (2011-2012) “A tragic loss for all Americans. I wrote an amicus brief many years Rhoda Y. Andors, Esq. ago in a case in which she wrote the opinion for the court in my Cynthia A. Augello, Esq. “There are reasons enough to mourn the passing of Ruth Bader client’s favor. I got to hear the oral argument at the court. Excellent Deborah S. Barcham, Esq. Ginsburg but right now is the time to celebrate her life. This opinion still cited 25 years later and her questions for both parties Hon. Robert G. Bogle trailblazing, fierce yet empathetic woman became an attorney and her demeanor towards the parties was outstanding.” — Robert Deanne Marie Caputo, Esq. against all odds and proceeded to champion the rights of women L. Shonfeld, Vice-Chair, Civil Rights Committee Rudolph Carmenaty, Esq. everywhere by litigating how the laws that devastated women were Ellin Cowie, Esq. adversely affecting a man. Brilliant. With an audience less than “Justice Ginsburg combined a profound knowledge of the Nancy E. Gianakos, Esq. sympathetic to equality for both genders, she attacked the inequal- law with a soft-spoken dignity. She was a touchtone for those Adrienne Flipse Hausch, Esq. who believe in equality, civility, and the values inherent in the ity by showing how it hurt someone her audience did care about Jordan K. Hoffman, Esq. human condition.” — Rudy Carmenaty, Co-Chair, Diversity and and by doing so made life better for women everywhere. Perfect? Janine Luckie, Esq. Inclusion Committee No. But her work and legacy will live on. Assuming we all get out Michael J. Langer, Esq. and vote.” — Past President Marian C. Rice (2012-2013) “As the second woman appointed to the U.S. Supreme Court, I had Michael H. Masri, Esq. “In 2016, I joined the NCBA’s sister organization, Yashar, in its long admired Justice Ginsburg. My admiration deepened upon Thomas McKevitt, Esq. journey to Washington DC, where a group of male and female learning that, as of one of nine women in a class of 500 at Harvard Daniel McLane, Esq. attorneys were admitted to practice before the United States Law School, she was questioned why she was taking a man’s seat. Jeff H. Morgenstern, Esq. Supreme Court. The session was the first convened after the As a member of an underrepresented group in the legal profes- Marian C. Rice, Esq. passing of Justice Antonin Scalia, Justice Ginsburg’s dear friend sion, I am astonished by her resolve to demonstrate that she was Daniel W. Russo, Esq. Allison C. Shields, Esq. and colleague. The chairs were cloaked with black cloth and the as good as her male classmates. Not only was she as good, she was Tammy Smiley, Esq. opening ceremony was sorrowful. Under these circumstances, better. She went on to graduate first in her class at Columbia Law Ellen B. Tobin, Esq. we were particularly grateful to Justice Ginsburg for adhering to School in 1959.” — Hon. Maxine Broderick, Chair, Diversity and her scheduled time with those of us newly admitted to this most Inclusion Committee Published by beautiful institution. My daughter Nina joined me at the swearing Long Island Business News in, the two arguments heard that day, and the intimate meeting “On Friday, our country lost a hero. The Honorable Ruth Bader (631)737-1700; Fax: (631)737-1890 Publisher Graphic Artist with Justice Ginsburg that followed. It is an experience that we Joe Dowd Wendy Martin will always treasure.” — Past President Martha Krisel (2015-2017) See PRESIDENT'S, Page 18 Nassau Lawyer (USPS No. 007-505) is pub- lished 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, Nassau Lawyer welcomes articles written by members of the Nassau County Bar Association that are of substantive and procedural legal interest NY 11501 and at additional entries. Contents copy- right ©2019. Postmaster: Send address changes to 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, the Nassau County Bar Association, 15th and West its editors, or NCBA, unless expressly so stated. Article/letter authors are responsible for the correctness of all information, citations, and quotations. Streets, Mineola, NY 11501. Nassau Lawyer October 2020 5

Cause of Death in Vehicular Homicides Throughout New York State, prosecutors vehicle causing both cars to spin out. causation was granted by the trial could not be retried. As a result, the pattern jury and defense attorneys are involved in cases When they came to rest, Ryan’s car court. However, on appeal, The instruction was modified as follows: Appellate Division reversed that from minor misdemeanors to intentional mur- was perpendicular to the concrete The defendant argues that there was an decision and re-instated the man- der. However, it is rare that cases actually divider blocking the HOV and left intervening act between his/her conduct slaughter charges.2 change the law. People v. James Ryan, is one lanes of the roadway and the other and the death of (specify); namely (specify 1 Upon return to the lower court, Nassau County case which actually did. vehicle was blocking the right-hand what the argued intervening act was). In The concept of superseding or intervening lane and part of the center lane. the case proceeded to trial. The People requested the then-standard that instance, liability for the death turns causation was largely unrecognized in crimi- As traffic backed up on the LIE, upon whether the intervening act is a nal cases, though it has always existed in civil a police officer, Joseph Olivieri, cause-of-death charge be presented in jury instructions. That charge normal or foreseeable consequence of the negligence cases, prior to Ryan. In fact, the responded and parked his vehicle defendant’s conduct. Thus, where the acts pattern jury instruction for cause of death on the eastbound shoulder of the stated that “a person’s conduct is Marc C. Gann of a third person intervene between the in criminal cases effectively precluded a jury roadway with his emergency lights an actual contributory cause of the death of another when the conduct defendant’s conduct and a person’s injury, from considering a superseding or intervening activated. Many vehicles had now the causal connection is not automatically cause of death. The language of the pattern jury stopped in the roadway behind forged a link in the chain of causes which actually brought about the death—in severed. Rather, that other persons share instruction at that time essentially said that a the accident scene, and a number of peo- some responsibility for the death does defendant who sets in motion or continues in ple were walking on the various lanes of the other words, when the conduct set in motion or continued in motion the events which ultimate- not absolve the defendant from liability motion a chain of events leading to one’s death LIE. A small number of vehicles were rolling because there may be more than one is responsible regardless of whether the defen- ly resulted in the death.” Defendant requested a through the center lane of the accident scene. cause of an injury. It is only where the dant was the actual cause of death; forging a modification of that charge to include: Approximately ten minutes after the accident, intervening act is extraordinary under the link in the chain of causes is sufficient. with traffic almost at a standstill, and with at A person’s conduct is not an actual con- circumstances, not foreseeable in the nor- This jury instruction was created to address tributory cause of the death of another least a half dozen individuals in the roadway, mal course of events, or independent of or cases where a defendant intentionally, or with including both Mr. Ryan and P.O. Olivieri, when there is an unforeseeable interven- far removed from the defendant’s conduct, depraved indifference, subjected someone a driver with a suspended license (who thus ing cause sufficient to break the chain that it may break the causal connection.3 to likely death. For instance, the jury charge should not have been on the road) pulled out of causation that brings about the death. addressed a circumstance where a defendant into the HOV lane to avoid the traffic jam and Thus, if a person’s conduct does not cause The end result herein is actually a tragedy shot the victim but did not kill him; however, accelerated to approximately 40 mph. He was the intervening act, but merely furnishes for two families. The Olivieri family lost a loved when the victim, who was being treated for that looking to his right at the accident scene and, the condition or gives rise to the occasion one and will never see the driver that actually gunshot wound died due to the malpractice at the last second, looked up to see P.O. Olivieri by which the death occurs, and the inter- hit and killed Officer Olivieri prosecuted. The of the treating physician, the defendant was standing in front of him. He hit the officer at 39 vening act is not foreseeable, then the per- Ryan family suffered through a long battle for criminally responsible for the death because mph and killed him almost instantly. son’s conduct does not constitute an actual exoneration in Officer Olivier’s death—a battle his conduct clearly had the foreseeable conse- The driver with the suspended license was contributory cause of the death. which would not have occurred had the current quence of death. Unfortunately, this concept not charged in Officer Olivieri’s death, and in After argument, the court denied cause of death charge existed at the time. But as was used much more extensively and broadly fact was granted immunity to testify against Defendant’s requested charge, and gave the pat- a result of Ryan, the concept of intervening or in vehicular cases, particularly in People v. Ryan. Mr. Ryan. Ryan, who was determined to have tern instruction that existed at that time. Based superseding causes has now found its way into In Ryan, the defendant was operating his a BAC of .12, was charged with vehicular man- upon the evidence as interpreted in light of criminal cases. motor vehicle on the eastbound Long Island slaughter for killing Officer Olivieri, because that charge, Defendant was convicted of killing Marc C. Gann is a partner with Collins, Expressway (LIE) at approximately 4:00 am he set in motion the chain of events leading to Officer Olivieri. Gann, McCloskey and Barry, PLLC. He is a in the area of New Hyde Park Road. He had a the officer’s death, even though his vehicle did An appeal of this conviction was taken on Past President of NCBA, and was the defen- fender-bender accident with another car and not hit the officer and even though there clearly a number of grounds, including the failure dant’s attorney in People v. Ryan. continued to drive approximately 900 feet east- appeared to be intervening and superseding to instruct the jury on intervening causation 1. 161 A.D.3d 893 (2d Dept. 2018). bound where his car stopped in the middle causes of death. as requested by Defendant. The Second 2. 125 A.D.3d 695 (2d Dept. 2015). lane of the LIE. Mr. Ryan’s stopped car was then Defendant’s motion to dismiss the vehic- Department overturned Mr. Ryan’s conviction 3. Criminal Jury Instructions 2d—Cause of Death (rev’d rear-ended at a high rate of speed by a third ular manslaughter charges based on a lack of as against the weight of the evidence and he June 2019).

Russo Karl Widmaier & Cordano PLLC is proud to welcome libn ROBERT P. GUIDO e-alert as counsel to our firm. Mr. Guido brings to the firm over 40 years of legal experience with an extensive concentration in the field of lawyer regulation. He joins us after a long and distinguished career in public service with Appellate Division, Second Judicial Department, where he formerly served in multiple capacities, including: • Executive Director for Attorney Matters • Special Counsel for Grievance Matters • Chief Counsel to the Grievance Committee for the 10th J.D. • Counsel to the Committees on Character & Fitness Mr. Guido’s prior legal experience also includes service as a former Assistant District Attorney for Nassau County, and as an associate in private practice with our predecessor firm from 1988-1989. We are pleased to welcome him back. Mr. Guido is now available for consultation and representation in all matters pertaining to the profession, including attorney disciplinary matters, reinstatements, professional ethics opinions, and applications for OUR DAILY NEWS admission to the bar. ALERT IS FREE. Russo Karl Widmaier & Cordano PLLC Robert P. Guido PLLC, of counsel SIGN UP NOW AT libn.com 400 Town Line Road, Suite 170 | Hauppauge, New York (631) 265-7200 ext. 124 | [email protected] www.rkwclaw.com 6 October 2020 Nassau Lawyer

Broken Promises Amid COVID-19: Force Majeure VOLUNTEER ATTORNEYS NEEDED and Other Considerations As COVID-19 wreaks havoc As pandemic-related litigation For a Virtual Open House on parties’ ability to perform their unfolds it remains to be seen wheth- During National Pro Bono Week contractual obligations, the force er an inability to perform based on majeure clause and its common COVID-19 would be considered October 26-30, 2020 law relatives—the doctrines of an act of God. Even if the illness impossibility and frustration of itself is deemed an act of God,7 Attorneys schedule assigned appointments purpose—are poised to become performance-impeding issues like virtually at their convenience. a focus of business litigation for restrictions on business openings years to come. may be labeled a human reaction to David Shargel the virus, not the act of God itself. The Nassau County Bar Association, Nassau Suffolk Law Force Majeure Provision Other triggering events that Services, and the Safe Center invite all attorneys to volunteer In general, once a party to a may apply to COVID-related per- for a virtual open house during National Pro Bono Week. contract has made a promise to perform, it formance include the obvious—pandemics, must fulfill its promise even where unforeseen epidemics and disease outbreaks—as well as Any Nassau County resident can attend a virtual consultation circumstances, including an act of God, make events like labor shortages, where employees and speak with an attorney. performance burdensome or difficult. If the are not available to work due to stay-at-home party fails to perform, it usually must pay orders or illness spread within a factory. The damages to the other party.1 bottom line is that, in order to provide an However, if the contract contains a “force effective defense, the force majeure provision majeure” provision, unexpected events could must generally include a triggering event that provide a defense to a party’s failure to per- applies to the COVID-related basis for non- form.2 While parties may be quick to assume performance. Attorneys do not provide legal representation and are needed in Complicating matters, many force the following areas of law: that the global catastrophic effects of COVID- 19 would easily be enough to invoke force majeure provisions include “catch-all” lan- guage such as “or other similar causes,” as in Bankruptcy Divorce and Family Issues Employment majeure, the validity of the defense, which — — courts will narrowly construe, relies upon the example provided above. Catch-all provi- Mortgage Foreclosure and Housing—Senior Citizen Issues sion must be interpreted within the context Superstorm Sandy the specific language of the applicable force majeure provision and the factual circum- of the provision as a whole, and the legal stances of the parties’ contract. maxim of ejusdem generis may apply: the To volunteer, please contact Cheryl Cardona at This is best illustrated by an examination catch-all will be interpreted to include only 8 [email protected] or (516) 747-4070. of a real-world force majeure provision taken items of the same kind as those listed. Thus, from a 2009 dispute involving a lease to oper- a force majeure provision listing storms, ate a restaurant and catering facility at Jones earthquakes, floods “and similar events” may Beach. It provides: not be interpreted to include events related to COVID-19. On the other hand, some If either State Parks or Lessee shall be contracts provide more expansive catch-all delayed or prevented from the perfor- language, capturing any event outside of the mance of any act required by this Lease reasonable control of the parties.9 by reason of acts of God, weather, earth Courts analyzing attempts to rely upon movement, lockout or labor trouble, catch-all language may also consider the fore- unforeseen restrictive governmental seeability of the triggering event, recognizing laws, regulation, acts or omissions, or that the “purpose of force majeure clauses, [is acts of war or terrorism which direct- to] to limit damages…where the reasonable Save the Date ly affects the Licensed Premises and/ expectation of the parties and the perfor- or facilities and services of Jones Beach mance of the contract have been frustrated by 121ST ANNUAL DINNER GALA State Park, riot or other similar causes, circumstances beyond the control of the par- without fault and beyond the reasonable ties.”10 Given prior epidemics and pandem- control of the party obligated, perfor- ics, including the 2009 H1N1 pandemic, it mance of such act, including payment of remains to be seen how courts will determine OF THE ASSOCIATION all License Fees and R & R deposits due, the foreseeability of COVID-19. shall be permanently excused for the The presence of an applicable triggering MAY 8, 2021 AT 6:00 PM period of the delay and the period for the event is only the first step in the process performance of such act shall be extend- of determining whether a party has a valid LONG ISLAND MARRIOT ed for a period equivalent to the period defense to nonperformance. Unless the force of such delay, at which time all payments majeure provision provides otherwise, courts 3 UNIONDALE, NEW YORK due shall be resumed. generally require that performance be ren- Like nearly every other force majeure dered impossible, and not merely more diffi- clause, this example includes a list of trigger- cult or expensive.11 For example, a party obli- ing events that might excuse performance.4 gated to manufacture a product may not be Assuming a party claims that, during the peak able to invoke force majeure where sourcing a of the coronavirus, it could not perform its component has been made more difficult, but 12 Honoring obligations due to the effects of government not impossible, due to the pandemic. Issues “stay at home” orders, this clause might serve of causation must also be considered, and 77th Distinguished Service Medallion Recipient to excuse performance because it includes language appearing in typical force majeure Christopher T. McGrath, Esq. “unforeseen restrictive governmental laws” as provisions stating that nonperformance must a triggering event. be “by reason of” or “caused by” requires a NCBA Past President, Co-Chair of WE CARE, and Partner at But had that language not been included, showing of direct causation. These issues aside, parties seeking to Sullivan, Papain, Block, McGrath, Coffinas & Cannavo the application of this clause to COVID-19 becomes far less clear. Indeed, while it is invoke a force majeure provision must care- tempting to assume the pandemic is an act fully consider what performance is actually of God, New York courts have defined that excused. For example, force majeure language President's Award Recipient term narrowly as “an unusual, extraordinary in commercial leases will typically exclude the Hector Herrera and unprecedented event,” denoting “those payment of rent, meaning that even amidst losses and injuries occasioned exclusively by the occurrence of a triggering event, rent 13 natural causes, such as could not be prevented must still be paid. Parties must also consider 5 what happens when the force majeure event 50-, 60-, and 70-year Honorees by human care, skill and foresight.” Similarly, Black’s Law Dictionary defines an act of God ends. By way of illustration, the example pro- as an “overwhelming, unpreventable event vided above makes clear that performance is caused exclusively by forces of nature, such as an earthquake, flood, or tornado.”6 See BROKEN PROMISES, Page 19 Nassau Lawyer October 2020 7

To Report or Not to Report Professional Misconduct Quite some time ago, while working as the misconduct to the appropri- grievance complaint is not per se factor in a matter where the disciplined counsel to the New York State Grievance ate disciplinary authorities, which, prohibited, so long as the alleged attorney was involved in the underlying Committee for the Tenth Judicial District, I in New York, usually means the misconduct is not the sort of mis- misconduct himself or herself. In Matter received an anonymous letter from an attor- Grievance Committee or Appellate conduct that must be reported of Lodes,7 an attorney was suspended for ney reporting disturbing conduct of another Division in the jurisdiction where under Rule 8.3 in the first instance, three years for, among other things, failing attorney. It was the middle of February, and, the alleged misconduct occurred and provided you do not make a to timely report a financial kickback scheme as reported by the attorney, he was on the or in which the offending lawyer criminally “extortionate” threat.5 involving himself and a State Senator who railroad returning from a meeting in NYC practices or is admitted. To that end, there is a significant was also an attorney. In Matter of Graziano,8 when an inebriated man entered the train Oftentimes, when the alleged difference between threatening to a suspended New Jersey attorney was recip- car wearing nothing but boxer shorts, a misconduct is intertwined with file a grievance complaint alleging rocally suspended in New York for one year short-sleeve Hawaiian shirt, a diving mask, pending litigation, the Court may neglect against an attorney who is for, among other things, failing to report Mitchell T. snorkel, and flippers. The man flip-flopped already be aware. Depending on refusing to return a disputed fee that his New Jersey firm was participating Borkowsky through the train, raging against the world the nature of the misconduct and to your client and threatening to in a prohibited fee-sharing arrangement and but particularly against attorneys, judges, and the stage of the litigation, the notify the Grievance Committee for giving less-than-candid testimony to the the legal system. The reporting attorney was Court may direct the reporting attorney to that the attorney is behind in child support disciplinary authorities. shocked to recognize the man as an attorney promptly notify the appropriate Grievance obligations if he does not return the fee to The number of attorneys who are investi- he frequently saw in court. In an exercise Committee rather than interrupt or sidetrack your client. gated and privately disciplined by Grievance of compassion and concern, and with an the pending action. If the Court does exam- Moreover, attorneys contemplating threat- Committees for failing to report misconduct inchoate sense of professional obligation, the ine the conduct and finds misconduct, the of other attorneys is unknowable given the ening to file a complaint of misconduct based 9 attorney felt compelled to report what he had Court may contact the Grievance Committee on a suspicion or a belief should take care that confidential nature of such proceedings; witnessed to the Grievance Committee. directly, instruct the complaining attorney they are not merely using the disciplinary pro- however, it is likely that such private dis- Although no disciplinary investigation to do so, or require the offending attorney cess for a nefarious or underhanded purpose, cipline would also be imposed ancillary to was initiated against the purportedly inebri- to self-report. Whichever is the case, the or out of spite, and without a reasonable basis, other allegations and findings. ated attorney, efforts were made to commu- Grievance Committee will do what it does as doing so may, itself, violate the Rules of Self-Regulating and Preserving nicate with him and get him help through the whenever it receives a complaint: make an 6 Professional Conduct. the Integrity of the Profession local bar association’s confidential lawyer’s independent determination as to whether The decision whether to report miscon- assistance program. When contacted, the to open an investigation, hold the matter in duct of another attorney is as nuanced as the Underpinning the strict and limited man- attorney acknowledged he had a problem, abeyance pending the resolution of the litiga- factual scenarios are endless. Whether an datory reporting requirement under Rule 8.3 was receptive to assistance, and agreed to tion, or decline to investigate outright. alleged violation raises a “substantial ques- is the desire to have attorneys self-regulate have someone from the program reach out to First-Hand Knowledge of tion” as to the offending attorney’s “hones- the profession in order to preserve its integri- him. A connection was made, and the attor- ty, trustworthiness, or fitness as a lawyer” ty and ensure that the disciplinary authorities ney began working his way toward sobriety Serious Misconduct must be determined on a case-by-case basis. are not overrun with minor complaints by and good health. Hopefully, that man has As for the other elements of Rule 8.3, Historically, there have been a limited num- attorneys against one another. prospered in the intervening years without first and foremost, you must have first-hand ber of reported cases where an attorney has The lawyer who reported the inebriated incident or relapse. knowledge that the other attorney engaged been charged and publicly disciplined for attorney referred to above was correct in I’m always reminded of that story when in misconduct or violated a rule requiring failing to report under Rule 8.3. doing so. Not because alcoholism implicates dealing with attorneys struggling with alco- disclosure.2 Your knowledge and information Usually, public discipline is imposed holism, substance abuse, or other physical or cannot be based on a feeling, belief, suspi- where the failure to report is an aggravating See TO REPORT, Page 10 mental impairments. Just as often, however, cion, or hearsay. If you do not personally the story comes to mind when I am asked by know that the attorney did, in fact, violate an attorney whether he or she is obligated to a rule, then you are not required to report report alleged misconduct of another attor- under Rule 8.3. FREE CONFIDENTIAL* ney. This question arises very frequently, par- Furthermore, even if you do have person- ticularly in litigated matters where attorneys al, first-hand knowledge of the misconduct, HELP IS AVAILABLE often feel their adversaries have crossed an if reporting would require that you disclose ethical line. Sometimes, the attorney is just confidential information of a client under venting or seeking an objective viewpoint; on Rule 1.6, whether it be the offending attorney The NCBA Lawyer Assistance Program offers professional rarer occasions, the attorney will appear to or another client unwilling to consent to dis- and peer support to lawyers, judges, law students, and their be looking to manufacture leverage in the lit- closure, or if the information was obtained immediate family members who are struggling with: igation without a reasonable basis, an ill-con- through your involvement in an accredit- 1 ceived, if not unethical, act in its own right. ed lawyer’s assistance program, you are not In only a handful of instances have I viewed required to report the misconduct. the related misconduct as one warranting Assuming, however, that you are not Alcohol Drugs Gambling Mental Health Problems referral to the disciplinary authorities. absolved of the obligation to report based on Duty to Report is Limited the extent to which you personally know of the misconduct or the manner in which you YOU ARE NOT ALONE Generally, the duty of an attorney to obtained the information, the most import- report misconduct by another attorney is ant and difficult element of Rule 8.3 is deter- very limited under the New York Rules of mining whether the alleged rule violation is Professional Conduct [22 NYCRR § 1200]. one that raises a “substantial question” as to Rule 8.3 requires a lawyer to report knowl- the offending “lawyer’s honesty, trustworthi- edge of another lawyer’s violation of a Rule ness, or fitness as a lawyer.” of Professional Conduct to a tribunal or Essentially, the rule requires attorneys to other authority empowered to investigate report serious acts of misconduct, not minor or act upon such information if: (1) the acts or rule violations that do not implicate rule violation raises a substantial question an attorney’s integrity or fitness. Some obvi- as to the offending lawyer’s honesty, trust- ous examples of serious misconduct that worthiness, or fitness as a lawyer; and (2) the must be reported are escrow defalcations, information is not privileged or confidential criminal activity, fraud on the Court, and by virtue of it having come from a client or repeated and consistent neglect of client as a result of involvement with a bona fide matters.3 Although you can always report lawyer assistance program. Accordingly, in nonserious misconduct, you would not be in (888) 408-6222 all cases, determining whether you are obli- violation of Rule 8.3 if you have a reasonable, gated to report another attorney’s miscon- good faith belief that the conduct did not [email protected] duct requires an analysis of the elements of meet the threshold and chose not to do so. Rule 8.3. Notably, in instances where you are not Preliminarily, Rule 8.3 provides that you obligated to report the alleged misconduct of The NCBA Lawyer Assistance Program is directed by Beth Eckhardt, PhD, and the Lawyer do not necessarily have to report miscon- another lawyer, you may use the information Assistance Committee is chaired by Jacqueline A. Cara, Esq. This program is supported by grants from the WE CARE Fund, a part of the Nassau Bar Foundation, the charitable arm of the Nassau duct to a disciplinary authority. If the other in any way you, in your professional judg- County Bar Association, and NYS Office of Court Administration. elements of the rule are satisfied, bringing ment, deem appropriate, including reporting *Strict confidentiality protected by § 499 of the Judiciary Law. the information to the attention of a tribunal the conduct or promptly confronting the 4 with the power to investigate or act upon offender. Nassau County Bar Association ncba_lawyersassistance such information will suffice. In a litigated In New York, while threatening to file Lawyer Assistance Program matter, this means advising the Court in a criminal complaint against someone to which the matter is pending. For non-litigat- gain advantage in civil litigation is expressly NASSAUBAR-LAP.ORG ed matters, the rule contemplates reporting prohibited by the rules, threatening to file a 8 October 2020 Nassau Lawyer

Nassau County Bar Association and the Diversity Pipeline

Since the 1990s, there has been wide- Black, 5% are Hispanic, 2% are programs provide the supplemen- or educationally disadvantaged college spread recognition of the need for greater Asian, 2% are multiracial and tal academic, economic, and social graduates in acquiring the fundamental diversity in the legal profession. This realiza- .04% are Native American.2 These support necessary for success as a and practical skills necessary to succeed tion has resulted in educational institutions, numbers are a cause for concern. law student. in law school. The program is avail- corporations, non-profit organizations, law By any reasonable measure of Fully funded pipeline pro- able to qualified candidates who will firms, court systems, and bar associations equity and fairness, the ranks of grams provide LSAT prepara- attend law school in New York. The NY creating diversity pipeline programs. the bar, which is dedicated to safe- tion courses, lecture series fea- LEO Program is administered by the In the legal arena, diversity pipeline pro- guarding fundamental legal rights, turing attorneys and judges of Honorable Juanita Bing Newton, Dean grams are aimed at increasing the number of should be more reflective of the color, mentoring relationships, of the New York State Judicial Institute. attorneys from underrepresented groups by wider population. law school application assistance, Students live on campus and participate reducing barriers of entry. Diversity pipeline The absence of diversity can and graduation ceremonies. In in the program full-time. Experienced be detrimental in many ways: Hon. Maxine S. programs meet a critical need, but are bur- Broderick addition, these programs offer law professors provide instruction in dened by their substantial costs and reaching public trust in the legal system attendees condensed courses first-year law school core courses as well their intended audience can prove challenging. is diminished, the marketplace of in property, constitutional law, as in legal research, writing, and anal- Grounded in a commitment to service ideas can be reduced to an echo chamber, torts, contracts, and legal research and writ- ysis. As part of the program, students and leadership, the Nassau County Bar a dearth of cultural perspectives may lead ing, taught by experienced law professors. have the opportunity to visit courts in Association (NCBA) has invested in diver- to explicit and/or implicit bias, and a talent Pipeline programs address the absence of session and meet with members of the sity pipeline programs for over four decades. pool of capable, would-be attorneys is over- legal experience and exposure to legal set- judiciary and other legal professionals.3 Benefitting from carefully crafted initiatives, looked. From a practical standpoint, the tings by procuring internships and network- lack of diversity in the workplace forecloses effective partnerships, and the invaluable ing opportunities for program attendees. Legacy NCBA Pipeline Programs the opportunity for practitioners to learn contributions of volunteer members, the Numerous noteworthy pipeline programs about cultural differences from colleagues The New York State High School Mock NCBA has been successful in introducing already exist. The New York Legal Education who come from backgrounds similar to those Trial Tournament is the NCBA’s longest stand- thousands of young people from diverse Opportunity Program (NY LEO), which is of potential clients. ing pipeline program. Developed by the New backgrounds to the legal profession. With funded by the New York State Unified Court York State Bar Association, and regionally continued dedication, the NCBA has demon- Closer Look at Pipeline Programs System, is a prime example. NY LEO was administered by the NCBA since 1977, high strated the capacity to offer increasingly launched in 2007 and covers the expense Pipeline programs operate to overcome school students are presented with a civil or robust diversity pipeline programs. of tuition, textbooks, room and board and criminal case and act as advocates in a series impediments people of color encounter in provides access to law libraries and computer gaining admission to law school and per- of mock trial competitions. NCBA volunteer Need for Diversity facilities. NY LEO is housed at the Judicial forming well once there. These obstacles arise members serve as coaches and legal advisors, in the Legal Profession Institute in White Plains, NY. As stated on because, overwhelmingly, minorities come competition judges and program coordina- its website: An examination of the numbers indicates from communities with underperforming tors. The NCBA program is coordinated by that 86% of U.S. attorneys are White, and the schools which may be economically disad- Through an intense six-week summer Hon. Marilyn K. Genoa, Hon. Lawrence M. remaining 14% are divided among minority vantaged, and they often lack familial ties to program, the NY LEO Program assists groups.1 Specifically, 5% of attorneys are lawyers and judges. Comprehensive pipeline minority, low income and economically See DIVERSITY, Page 21

LAW YOU SHOULD KNOW CONNECT WITH On 90.3 FM WHPC Hosted by Kenneth J. Landau, Esq. Celebrating 30 Years! For Voicestream or PODCAST go to www.NCCradio.org THE NCBA ON Wednesday, September 30, 2020 COVID and Tax Residency Issues at 3:00 PM SOCIAL MEDIA Wednesday, October 7, 2020 Tips for Expanding Your Practice During a Pandemic at 3:00 PM Wednesday, October 14, 2020 For the latest updates on COVID-19 Religious Guidance for Practicing Law During a Pandemic at 3:00 PM the NCBA, and court information, Wednesday, October 21, 2020 Fall Driving Tips and Defensive Driver Course to Reduce Insurance Premiums at 3:00 PM connect with us on social media.

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Contact us at [email protected] if you would like to discuss an interesting/important aspect of the law. @nassaucountybar_association *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. Nassau Lawyer October 2020 9

Enforceability of COVID-19 Liability Releases

Many types of businesses, such as salons, and makes clear to the releasors the parties preclude enforceability. (such as a supermarket or pharmacy), the golf courses, youth sports leagues, colleges, that they are giving up their right New York courts have long found less likely a waiver will be enforced because and vacation spots are requiring their cus- to sue the business for its own agreements attempting to exon- the public has less discretion to patronize the tomers to sign a waiver or release of liability negligence. Releasors’ counsel erate or limit the employer from business. One public school district’s release that expressly applies to COVID-19. Even the must carefully scrutinize the pur- liability to employees for future has parents purportedly waiving the right to ported release to see whether it American Cancer Society has a “Covid-19 negligence, whether of itself or sue if their child contracts COVID-19.28 It is Safety Acknowledgement—Liability Waiver does not comply with the strin- its employees, are void as against difficult to imagine parents being compelled and Release Of Claims” form, including a gent language requirements. All public policy. This has also been section on assumption of risk, for those vol- practitioners must bear in mind applied to volunteer workers.17 to sign such a waiver as a condition of their unteering or participating in events it holds that ambiguities in exclusionary It is also a long-standing rule in children exercising the right to an education. or sponsors. clauses will be construed against New York that attempts by public It is only a matter of time before New Whether businesses in New York can the drafter.10 Ira S. Slavit service corporations to absolute- York courts will be asked to opine regarding insulate themselves from COVID-19 liability Additional considerations are ly exempt themselves by contract the enforceability of a COVID-19 liability through releases involves three inquiries: (1) warranted where the release is from liability for negligence are release. While at least some of the principles does the language of the release conform with in an online agreement. A key factor is opposed to the best interest of the citizens of outlined herein will apply, the courts’ hold- the strict requirements of the law; (2) is there whether the website provided “reasonably the State.18 ings will be interesting and certainly the topic a special relationship between the parties that conspicuous notice that [users] are about of much commentary and analysis. prohibits enforcement; and (3) is the release to bind themselves to contract terms.”11 Public Policy Considerations unconscionable or is there a public policy or Enforceability is more likely if the agreement Ira S. Slavit is a member of Levine & Slavit, Liability releases that contravene public PLLC, representing plaintiffs in personal interest that forbids its enforcement. is a “clickwrap” agreement, in which the user policy are ineffectual. For instance, public is required to take an affirmative action, usu- injury and medical malpractice litigation Language of the Release policy voids a release where it purports to with offices in Mineola and Manhattan. He ally clicking a box, affirming that the user has grant exemption from liability or limit dam- read and agrees to the terms of service. is presently Chair of the NCBA Plaintiff’s Exculpatory provisions in a contract gen- ages to a nominal sum for willful or grossly Personal Injury Committee and is an imme- Clickwrap agreements have been held 19 erally are enforced although they are disfa- negligent acts. diate-past NCBA Director. vored by the law and closely scrutinized by to be more readily enforceable than online Although public policy arguments are the courts.1 A waiver will not be enforceable contracts that do not require the user to often ripe opportunities for lawyers to think take an affirmative action, since they permit 1. Princetel, LLC v. Buckley, 95 A.D.3d 855 (2d Dept. unless it clearly demonstrates an intention creatively, constraints exist. Public policy is 2012). courts to infer that the user was on notice to absolve a party of claims arising from its ascertained by reference to laws and legal prec- 2. 49 N.Y.2d 102 (1979). own negligence. of the terms and has outwardly manifested edents and not from general considerations of 3. Id. at 107. consent by clicking a box.12 Nevertheless, it In the seminal Court of Appeals case Gross supposed public interests.20 It has been held 4. Van Dyke Prods. v. Eastman Kodak Co., 12 N.Y.2d 301, has been held that a user’s clicking of a box is v. Sweet, the plaintiff enrolled in defendant’s that the court’s usual and most important 304 (1963); Ciofalo v. Vic Tanney Gyms, 10 N.Y.2d 294, 2 not, without more, always sufficient to signal 297 (1961); Boll v. Sharp & Dohme, 281 App.Div. 568, parachute jumping course. A precondition function is to enforce contracts rather than their assent to any contract term.13 An anal- 570–71 (1954). of enrollment was signing a waiver contained invalidate them unless they clearly contravene ysis of the user interface can be important to 5. Howard v. Handler Bros. & Winell, 279 App.Div. 72, in a “Responsibility Release.” After an intro- public right or the public welfare.21 convincing the court that an online contract 75-76 (1952). ductory course of on-land training including Militating in favor of enforcement is that is or is not enforceable. 6. Rigney v. Ichabod Crane Cent. School Dist., 59 A.D.3d jumping off of a 2½-foot high table, he was freedom of contract is itself a strong pub- 842, 843 (3d Dept. 2009). flown to an altitude of 2,800 feet for his first Unenforceability Due to the lic policy interest in New York. Parties are 7. 138 A.D.3d 463, 463-64 (1st Dept. 2016). practice jump. As Judge Fuchsberg put it: “[u] 8. See also Deutsch v. Woodridge Segway, LLC, 117 Parties’ Relationship allowed to agree to give up statutory or pon coming in contact with the ground on constitutional rights in a contract as long A.D.3d 776 (2d Dept. 2014). his descent, plaintiff suffered serious person- Even where the language of the release as public policy is not violated.22 Only a 9. 171 A.D.3d 508 (1st Dept. 2019). al injuries.” The Court held that the plaintiff is adequate, in some circumstances releases 10. Uribe v. Merchants Bank of New York, 91 N.Y.2d 336, limited group of public policy interests has 341 (1998). could sue for personal injuries because the from liability are unenforceable as a matter been identified as sufficiently fundamental to release did not in unequivocal terms alert 11. Specht v. Netscape Commc’ns Corp., 306 F.3d 17, 32 of law regardless of the language by virtue outweigh the public policy favoring freedom (2d Cir. 2002). him that he was not only releasing the defen- of the relationship between the parties. The of contract.23 12. Meyer v. Kalanick, 199 F.Supp.3d 752, 761 (S.D.N.Y. dant from the ordinary and inevitable risks General Obligations Law renders releases Also weighing in favor of enforcement of 2016). of parachute jumping but that he was also from liability for negligence unenforceable the parties’ agreement to limit damages is the 13. Corwin v. NYC Bike Share, LLC, 238 F.Supp.3d 475, releasing the defendant from the instructor’s in a variety of businesses including landlords 488 (S.D.N.Y. 2017). 3 public economic interest in keeping a par- own carelessness. [Section 5-321]; caterers [Section 5-322]; ty’s commercial services affordable, perhaps 14. 40 A.D.3d 248, 249-50 (1st Dept. 2007). 15. 122 A.D.3d 529, 530 (1st Dept. 2014). An exculpatory clause will not insulate owners and contractors [Section 5-322.1]; more so now as we restart from the economic a party from liability for their own negli- building service or maintenance contractors 24 16. Marc v. Middle Country Cent. School Dist., 185 shutdown. A.D.3d 570 (2d Dept. 2020). gent acts unless the intention of the parties [Section 5-323]; and those who maintain Where the public policy in favor of free- is expressed in unmistakable, unequivocal 17. Richardson v. Island Harvest, Ltd., 166 A.D.3d 827, garages or parking places [Section 5-325] dom of contract is overridden by another 828 (2d Dept. 2018). language and is absolutely clear and under- or pools, gymnasiums, or places of public 18. Conklin v. Can.-Colonial Airways, 266 N.Y. 244, 247 4 weighty and countervailing public policy, standable to the releasor. It must appear amusement or recreation [Section 5-326]. a contractual provision is unenforceable.25 (1935). plainly and precisely that the “limitation of These statutory prohibitions on enforce- Public policies articulated by New York 19. Sommer v. Fed. Signal Corp., 79 N.Y.2d 540, 554 liability extends to negligence or other fault ment do not provide blanket immunity, how- courts that might support voiding a liability (1992); Lago v. Krollage, 78 N.Y.2d 95, 100 (1991). of the party attempting to shed his ordinary ever. For example, because GOL § 5-326 release is the State’s interest in the “conser- 20. Lubov v. Horing & Welikson, P.C., 72 A.D.3d 752, 753 responsibility.”5 Releases that merely waive expressly applies only to recreation, a health (2d Dept. 2010). vation of the lives and of the healthful vigor 21. 159 MP Corp. v. Redbridge Bedford, LLC, 33 N.Y.3d any and all claims arising in the future cannot club can enforce a waiver only if the primary of its citizens” and not wanting to encourage be enforced, because they fail to advise that purpose of the health club is recreational and 353, 360-61 (2019), rearg denied, 33 N.Y.3d 1136 (2019). “laxity of conduct in, if not an indifference 22. J. D’Addario & Co., Inc. v. Embassy Indus., Inc., 20 the waiver extends to claims that might arise not instructional. 6 14 to, the maintenance of proper and reasonable N.Y.3d 113, 119 (2012). from the defendant’s own negligence. In Debell v. Wellbridge Club Mgt., Inc., safeguards to human life and limb.”26 23. 159 MP Corp., 33 N.Y.3d at 361. In Jo Hsu v. Krav Maga NYC, LLC, enroll- the plaintiff was injured while undergoing Another factor is whether the contract 24. In re Part 60 Put-Back Litig., 169 A.D.3d 217, 223 (1st ment in a self-defense training class was instruction in strength-training exercises. or clause is unconscionable and a contract Dept. 2019); Sommer, 79 N.Y.2d at 554. conditioned upon a release in which the The court held that GOL § 5-326 did not of adhesion—in circumstances showing an 25. Oppenheimer & Co., 86 N.Y.2d 685 (1995). plaintiff agreed “to assume and accept all void the release, because the focus should 26. Johnston v. Fargo, 184 N.Y. 379 (1906); Richardson v. absence of meaningful choice on the part Is. Harvest, Ltd., 166 A.D.3d 827, 829 (2d Dept. 2018). risks arising out of, associated with or related be on whether the spa’s purpose was rec- of one of the parties together with contract to [her] participating in the class” (including reational or instructional and not whether 27. Corwin, 238 F.Supp.3d at 488. terms unreasonably favorable to the other 28. Notus School District (Caldwell, ID), Assumption of risks that were “caused by the negligence plaintiff’s activity at the time of injury was 27 party. It has been suggested that the more the Risk and Waiver of Liability Relating to Coronavirus/ of [defendant]”) and “to hold harmless and recreational or instructional. Finding that essential the service the business provides COVID-19, available at https://bit.ly/35DTmc5. indemnify [defendant]...from any and all the spa promoted a recreational pursuit and claims, demands, actions and costs which provided instruction as an ancillary service, might arise out of [her] participating in the the release was enforceable. But in Kim v. c l a s s .” 7 The release was held to be enforceable Harry Hanson, Inc., the court found that the because it expressed in unequivocal terms the defendant’s facility was an instructional and Subscribe today intention of the parties to relieve defendant not a recreational one, therefore the release of liability for its negligence.8 In contrast, was unenforceable.15 in Oliver v. Cent. Park Sightseeing, LLC, the Another issue is whether the plaintiff bicycle rental agreement did not reflect a paid a fee to participate in the activity since clear and unequivocal intent to limit its lia- GOL § 5-326 voids a release only where a fee bility for its own negligence and the release was paid. Summary judgment was recently was unenforceable.9 denied where an issue of fact existed as to Therefore, when drafting a COVID-19 whether or not a fee was paid.16 liability release, we must make certain that In addition to statutory prohibitions, under the release expressly applies to COVID-19 common law certain relationships between 10 October 2020 Nassau Lawyer

Yes, They Can Make You Tear Down a Finished Building

The Saga of not the first time that such an and the 12 stories were indeed to tear down a building that has essentially 200 Amsterdam Avenue action has been ordered. The torn down. been constructed. The distinction here, is seminal case on the ability of a that in Parkview, it was not disputed that Earlier this year, there was significant court to order the removal of a Challenging the building permit was erroneously issued. media coverage regarding the construction significant part of a building is Determinations Both the builder and the DOB relied on an of 200 Amsterdam Avenue located on the Parkview v. City of New York.7 incorrect map leading the wrongful issuance 1 and Mootness Upper West Side in Manhattan. The devel- In Parkview, the builder applied of the permit. opers, SJP Properties and Mitsui Fudosan for and received a valid building A private party who seeks to In 200 Amsterdam Avenue, the case is America, obtained a building permit in 2016 permit on November 21, 1985, challenge the grant of a permit not so clear. For 40 years, the New York City to construct a 55-story, 668 foot high building, to construct a 31-story residential should not simply rest and allow DOB allowed partial tax lots to constitute a making it the tallest building on the West Side building at 108 East 96th Street the structure to be completed. “zoning lot” for TDR purposes. A court now north of 61st Street. To be able to construct a in Manhattan. After substantial Thomas McKevitt In Dreikausen v. Zoning Board of says that that definition is incorrect and not building this tall, the developers utilized the construction, the Superintendent Appeals, a developer sought to in accordance with the plain reading of the Transfer Development Rights (TDR’s) to use of the New York City DOB issued purchase a bankrupt marina and zoning resolution. This new interpretation the undeveloped rights of adjacent properties a Stop Work Order for that portion of the build a condominium in a zone restrict- may lead to not only the tear down of a build- 11 to benefit another lot to develop. building over 19 stories.8 The basis for this ed to homes in the City of Long Beach. ing, but also the invalidation of certificates What was unique in this situation, is that action was that upon further review, the DOB The developer sought a use variance, and of occupancy for buildings throughout New the developers spent 28 years reaching agree- determined that the building permit should after numerous attempts, was granted one York City.13 ments with adjacent properties to subdivide never have been issued in the first place. by the ZBA. Petitioners, nearby residents This line of cases demonstrates the power and merge partial land parcels and tax lots, The DOB concluded that the build- of single-family homes, brought an Article of the judicial system. Judge Joseph Bellacosa, to create a 39-sided zoning lot in order to ing was located within a Special Park 78 proceeding challenging the grant of the the author of the Parkview decision, remarked design the building. Opponents of the project Improvement District (PID) that limited the use variance. The Supreme Court, Nassau several years later: County dismissed the proceeding, and peti- argued this was impermissible, pointing to height to 19 stories. The applicant misread [W]hen I occasionally drive past the site the New York City Zoning Resolution which the City’s zoning map and made the inter- tioners appealed. The developer by that time had torn down the marina, reconfigured the and look at the restored open-air space, defines a “zoning lot” as “a tract of land, pretation that a taller building was allowed. I marvel that the decree was actually either unsubdivided or consisting of two or This was based upon the map issued by the utilities, had foundation permits issued, and began pouring the foundations for the condo- fulfilled. Indeed, I facetiously muse that more lots that are contiguous for a minimum DOB which was missing a certain notation courts may leap, as it were, over tall miniums, but building permits for the actual of ten linear feet, and located within a block that a zoning boundary was in effect that buildings, and when they are found to be condominiums had not yet been issued. and declared by all ‘parties in interest’ to significantly limited the height. The original too tall, they can be cut down to size.14 be a ‘zoning lot’ in a recorded Zoning Lot Board of Estimate resolution containing the Petitioners then first sought injunctive Declaration of Restrictions.”2 metes and bounds description of the zone relief before the Appellate Division, which Thomas McKevitt is Special Counsel to Sahn The developers, and initially the City, was definitive that Parkview’s building was was denied. The Appellate Division affirmed Ward Coschignano, PLLC in Uniondale, as had relied upon a 1978 Departmental within the PID limiting the height to 19 the Supreme Court’s decision, and petition- well as a Nassau County Legislator repre- Memorandum of Acting Department of stories. The DOB then revoked the building ers sought leave to appeal to the Court of senting the 13th District. Buildings Commissioner Irving Minkin, in permit on the grounds that the permit was Appeals, which was granted. By this point, 9 1. Vincent Barone, Almost Half of UWS Tower Would what became known as the “Minkin Memo,” invalid when it was initially issued. 12 of the eight units has been completed. Have to be Removed Under New Court Ruling, N.Y.Post, which interpreted the definition of a “single Parkview then followed the administra- The Court of Appeals dismissed the appeal February 17, 2020; Stefanos Chen, Developers of West Side zoning lot” to “consist of one or more tax lots tive route and appealed the revocation of the as moot because of substantial competition Condo Tower May Have to Deconstruct 20 Floors, N.Y. of the project. The Court of Appeals distin- Times, February 14, 2020. or parts of tax lots.” Opponents appealed the permit to the BSA. The BSA sustained the 2. New York City Zoning Resolution § 12-10(d). issuance of the building permit to the Board DOB’s determination finding that the orig- guished Parkview as an instance where moot- 3. Committee for Environmentally Sound Development v. of Standards and Appeals, which in New York inal resolution with the metes and bounds ness will not prevent a destruction remedy, Amsterdam Ave. Redevelopment Assoc. LLC, Index No. City decides variances as well as appeals of determination controlled over the map for the court now characterized the events 157273/2019 (Sup. Ct., N.Y. Co. Feb. 27, 2020). 4. Committee for Environmentally Sound Development v. Department of Buildings (DOB) determi- depicting the boundaries, even if the map there as a situation where “a party proceeded 12 Amsterdam Ave. Redevelopment Assoc. LLC, 2019 Slip Op. nations (this task is performed by a Board could be misread. in bad faith and without authority.” 30621 (Sup. Ct., N.Y.Co. Mar. 14, 2019). of Zoning Appeals (BZA) through the rest Parkview then commenced an Article 78 Conclusion 5.Committee, supra n.3 (emphasis added). of the state). However, the DOB at this time proceeding seeking to set aside the revoca- 6. Chen, supra n.1. tion of the building permit arguing that the 7. 71 N.Y.2d 274 (1988). stated that it now disagreed with the mem- The owners of 200 Amsterdam are, not 8. Id. orandum from over 40 years ago, and that BSA determination was arbitrary and capri- surprisingly, appealing the Supreme Court’s 9. Id. at 280. partial tax lots should not be utilized. The cious because the original permit was properly decision. They have significantly invested in 10. Id. at 282. BSA declined to invalidate the permit, as it issued; that its rights pursuant to that permit the project, and the costs of deconstructing 11. 98 N.Y.2d 165 (2002). had vested; and that its reliance on the permit 12. Id. at 173. was “adhering to an ‘historical interpretation’ nearly half of the building will be substantial. 13. Barone, supra n.1. 3 of the term ‘zoning lot.’” estopped the city from revoking the permit. As per the Court of Appeals in Parkview, 14. Joseph W. Bellacosa, Judging Cases v. Courting Public Two groups, the Committee for The case wound its way to the Court of there is precedent in mandating a developer Opinion, 65 Fordham L. Rev. 2381, 2388 (1997). Environmentally Sound Development and Appeals which sustained the BSA’s deter- the Municipal Art Society, commenced an mination. Commenting on whether equita- Article 78 proceeding challenging the BSA’s ble estoppel should prevent the DOB from purposely circumscribed. Attorneys should upholding the issuance of the permit. The revoking a seemingly validly issued permit, To Report ... ensure that all elements of Rule 8.3 are sat- New York County Supreme Court vacated the the court held: Continued From Page 7 isfied and that they are acting in good faith BSA’s determination and remanded the case [A] municipality, it is settled, is not before deciding whether a report is necessary. 4 back to the BSA to review the permit again. estopped from enforcing its zoning laws anything about honesty or trustworthiness or Mitchell T. Borkowsky represents lawyers The BSA once again upheld the issuance either by the issuance of a building per- violates a particular rule of professional con- being investigated or prosecuted by the of the permit, relying in part on the DOB’s mit or by laches and the prior issue to duct, but because an attorney raging against state grievance committees for alleged eth- position that the permit should still be issued petitioner of a building permit could not lawyers, judges, and the legal system while ical or professional misconduct. He is the publicly intoxicated in the manner described former Chief Counsel to the New York State since DOB relied on a 40-year determination confer rights in contravention of zoning Grievance Committee for the Tenth Judicial from the then Acting Commissioner of the laws. Insofar as estoppel is not available was someone in need of help. He also was District and a member of the Nassau and Department, and over 30 years of determi- to preclude a municipality from enforc- engaged in conduct adversely reflecting on Suffolk County Bar Associations’ Ethics nations relying on that interpretation for the ing the provisions of its zoning laws and the legal profession and, some might argue, Committees, and the NYSBA Task Force zoning lots. However, Justice W. Franc Perry the mistaken or erroneous issuance of his own fitness as a lawyer. Significantly, on Attorney Well-Being: Public Trust and nullified the decision on the grounds that the attorneys who struggle with alcohol depen- Ethics Working Group. He can be reached at a permit does not estop a municipality [email protected] BSA was not acting in accordance with the from correcting errors, even where there dence or other substance abuse issues are 10 plain language of the Zoning Resolution. At are harsh results. substantially more likely to commit malprac- 1. NY City 2015-5; NY State 854 (2011); NY State 635 the conclusion of his decision, Justice Perry 10 (1992). The court further admonished that even tice or face disciplinary action. That the “ADJUDGED that DOB revoke the Permit 2. NY City 2015-5; NY State 480 (1978). if there was an error in the map and the attorney obtained necessary help within the and compel Owner to remove all floors that 3. N.Y. City Bar Opinion 1995-5 (1995). mistaken issuance of a permit, reasonable same system speaks volumes as to the efficacy 4. Nassau County 98-12. exceed bulk permitted under the Zoning diligence by the builder would have revealed of the profession’s efforts at self-regulation 5. NY City 2015-5; American Bar Association Formal Resolution.” 5 This could require the removal Opinion 94-383. that the metes and bounds description in the and self-preservation. of up to 20 floors of the building.6 6. NY City 2015-5; NY State 854 (2011); NY State 635 enabling legislation made clear that the taller Conclusion (1992). Parkview and building would not be allowed. 7. 118 A.D.3d 54 (2d Dept. 2014). Faced with this daunting future, Parkview In conclusion, although attorneys are 8. 87 A.D.3d 283 (2d Dept. 2011). Equitable Estoppel mandated by Rule 8.3 to report profession- 9. Judiciary Law § 90(10). then chose to apply for a variance to the BSA 10. Krill, P. R., If There is One Bar Lawyers Cannot Seem As drastic and radical a remedy that to allow the maintenance of the completed al misconduct of other attorneys, the cir- to Pass: Alcoholism in the Legal Profession. The Brief (Fall Justice Perry’s decision may seem, this is building. This attempt was unsuccessful, cumstances giving rise to the obligation are 2014 American Bar Association), Volume 44, Number 1. Nassau Lawyer October 2020 11

COVID-19 Immunity for Health Care Providers

On August 3, 2020, the Legislature amend- revision. State legislators were a. the diagnosis or treatment of Also, the conduct alleged must have been ed laws enacted in April to protect health already fielding complaints from COVID–19; or in accordance with applicable law unless care facilities and providers from liability for constituents about conditions in b. the assessment or care of an it conformed to a “COVID-19 emergency injuries related to treatment of COVID-19 nursing homes, and claimed to individual as it relates to rule.” The former would appear to include during the current state of emergency. The be “blindsided” by the protections COVID–19, when such indi- statutes and regulations not then suspended latest amendment limits the broad immunity that they had just enacted.5 A vidual has a confirmed or sus- by executive order, as well as any additional granted by executive order and the initial bill was introduced to retract the pected case of COVID–19. requirements imposed by executive order. legislation. To apply this statutory protection, new protections, but in the end, It would appear, therefore, Determining just what law applied at the counsel must understand not just the law as the Legislature merely narrowed that as of August 3, 2020, Article time of the conduct alleged, however, will 6 currently written, but also the initial statuto- them. The Legislature amended 30-D does not apply to preventa- require digging through the executive orders ry response to the pandemic. PHL Article 30-D on August 3, tive measures, or to treatment for in effect at the relevant time. 7 Christopher J. 2020. “Health care services” is conditions other than COVID-19. Emergency Response DelliCarpini Were the services “in support of the now limited to the treatment of That may mean, for example, that state’s directives?” Another interesting Changes with the Emergency patients with COVID-19, and only patients admitted after the amend- requirement, in Section 3082(1)(b), is that Before the pandemic, health care provid- for treatment related to the virus. And immu- ment for conditions other than the virus who the treatment at issue must also be “in sup- ers in New York faced tort liability essentially nity no longer extends to the “arrangement” contract COVID-19 during their admission port of the state’s directives.” Article 30-D like any other person, albeit with certain of treatment, only its provision. may not be precluded from bringing suit. does not make clear what are and are not protections. As the Second Department put Applying Article 30-D Were the services “in accordance with “directives.” Section 3081(8)’s definition of it in Stukas v. Streiter: “a plaintiff must prove applicable law?” If the treatment at issue “COVID-19 emergency rule,” however, sug- that the physician deviated or departed from As It Is, and As It Was constitutes “health care services,” then the gests that at least the Governor’s executive accepted community standards of practice, Understandably, the courts have yet to next question is whether those services were, orders are included. This is not to say that and that such departure was a proximate apply Article 30-D in any form. It was cited under Section 3082(1)(a), “in accordance running afoul of an executive order is nec- cause of the plaintiff’s injuries.”1 CPLR 214-a by the defendants in New York State Nurses with applicable law.” The original statute con- essarily evidence of negligence, only that sets the limitations period six months short- Association v. Montefiore Medical Center, ferred immunity where: Article 30-D will not protect such conduct. er than the three years for negligence, with where the plaintiff sued under the federal the health care facility or health care Were services rendered “in good exceptions for continuous treatment and Labor Relations Management Act to enjoin professional is arranging for or provid- faith?” Section 3082(c) also requires that belated discovery of “cancer or a malignant Montefiore, pending mandatory arbitration, ing health care services pursuant to a the treatment have been rendered “in good tumor.” CPLR 3012-a also requires that the to undertake several measures to protect COVID-19 emergency rule or otherwise faith.” Article 30-D does not define the plaintiff file with the complaint a certification nurses from COVID-19.8 Montefiore moved in accordance with applicable law term, but Black’s Law Dictionary defines of merit. The nature of medical malpractice to dismiss, citing PHL § 3080 in arguing Though it received little to no media “acting in good faith” to mean “Behaving claims also makes expert testimony almost that the balance of the equities and public attention, this provision was subtly amended: honestly and frankly, without any intent 9 always indispensable. interest militated against injunctive relief. the health care facility or health care to defraud or to seek an unconsciona- With the advent of the pandemic and a The court granted the motion, but on juris- professional is providing health care ble advantage.”15 Any attempt to conceal surge in hospitalizations, however, Albany dictional grounds; the Association did not services in accordance with applicable or misrepresent treatment, therefore, may scrambled to remove any legal impediments seek to preserve the status quo, but rather to law, or where appropriate pursuant to a support an argument that the treatment to a rapid response. The first change came obtain temporarily through litigation what COVID-19 emergency rule was not provided in good faith. in Executive Order 202.10, which Governor it sought to obtain permanently through As mentioned above, “arranging” for 2 10 Cuomo signed on March 21, 2020. Following arbitration. The court never considered health care services is no longer immunized. See COVID-19, Page 23 on the Governor’s official disaster declaration whether Article 30-D indicated a public two weeks earlier,3 EO 202.10 suspended interest against those protections. Education Law §§ 6527(2), 6545, and 6909(1) Nevertheless, Article 30-D gives some to immunize from liability, barring gross guidance to counsel for plaintiffs and defen- negligence, health care providers “for any dants. The current statutory language, as well injury or death alleged to have been sustained as the administrative and legislative path to directly as a result of an act or omission by this point, can help us determine whether Tax Defense & Litigation such medical professional in the course of treatment of a particular patient is protected providing medical services in support of the from liability. State’s response to the COVID-19 outbreak.” Which version of Article 30-D governs? The immunity covered “all physicians, phy- The first question is, which version of Article sician assistants, specialist assistants, nurse 30-D applies to a given claim? The original practitioners, licensed registered professional version applied retroactively to March 7, nurses and licensed practical nurses.” EO 2020.11 The amended version, however, took 202.10 also afforded absolute immunity from effect on August 3.12 Conduct from March 7 liability for any failure to comply with “any to August 2, 2020, therefore, is still governed recordkeeping requirement.” by the original, broader protections. This was EO 202.10 would lapse by its terms after a concession to obtain passage of the amend- only thirty days, but long before then Albany ments, though it did not go down well with enshrined liability protection in law. The some supporters.13 Emergency or Disaster Treatment Protection To be clear, EO 202.10 does not affect the Act, passed within the omnibus budget bill application of Article 30-D. It only suspend- on April 3, 2020, added Public Health Law ed certain sections of the Education Law; Article 30-D.4 Its purpose, according to the neither it nor any subsequent executive order new PHL § 3080, was to “to promote the mentions Article 30-D. EO 202.10’s grant public health, safety and welfare of all citizens of absolute immunity as to recordkeeping by broadly protecting the health care facilities requirements, however, on its face applied Harold C. Seligman has been a member of the and health care professionals” from liability “Notwithstanding any law or regulation to for treating COVID-19 during the pandemic. the contrary” until the executive order lapsed United States Tax Court since 1987. The new protections arguably went on April 22, 2020. He has represented individual and corporate clients beyond those in EO 202.10. Public Health Was the treatment “health care ser- in hundreds of tax cases, both large and small, Law § 3082(1) protected all health care facil- vices?” Whichever version applies, the next ities and professionals from liability for any question is whether the conduct alleged over the past 30 years against the IRS and New York “act or omission in the course of arranging related to “health care services.” Originally, State Department of Taxation and Finance. for or providing health care services” to treat Section 3081(5) defined this term to include COVID-19 throughout the declared disaster, services provided by a “health care facility” retroactive to March 7. Section 3082(2) made or “health care professional”14 that relate to: exception for “willful or intentional criminal a. the diagnosis, prevention, or treatment of misconduct, gross negligence, reckless mis- COVID–19; Long Tuminello, LLP conduct, or intentional infliction of harm.” b. the assessment or care of an individual 120 Fourth Avenue An exception to that exception, however, with a confirmed or suspected case of Bay Shore, New York 11706 immunized “acts, omissions or decisions COVID-19; or (631) 666-2500 resulting from a resource or staffing short- c. the care of any other individual who pres- age.” Section 3082(3) protected facilities and ents at a health care facility or to a health providers from liability for injury resulting care professional during the period of the www.longtuminellolaw.com from the State’s response to the pandemic. COVID-19 emergency declaration Public reaction to this broad immuni- As amended, “health care services” now ty, however, soon necessitated a legislative consists of: 12 October 2020 Nassau Lawyer PPRROOGGRRAAMM CCALENDAR Pre-registration is REQUIRED for all Academy programs. Go to nassaubar.org and click on CALENDAR OF EVENTS to register. CLE material, forms, and zoom link will be sent to pre-registered attendees 24 hours before program. All programs will be offered via ZOOM unless otherwise noted.

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Must pre-register. Skills credits are also available for newly admitted attorneys 5:30—7:30PM via ZOOM 2 credits in ethics OCTOBER 19 NOVEMBER 6 Dean’s Hour: Consideration in Financing Community Land Trusts Dean’s Hour: Social Media Ethics Issues Program sponsored by NCBA Corporate Partner Champion Office Suites Program sponsored by NCBA Corporate Partner Champion Office Suites 1:00—2:00PM via ZOOM 12:30—1:30PM via ZOOM 1 credit in professional practice 1 credit in ethics Skills credits are also available for newly admitted attorneys NOVEMBER 9 Please allow 10-14 business days for OCTOBER 21 United States Supreme Court: Where Pop Art, Culture and Law Meet Dean’s Hour: Religious Exemptions from Vaccinations 5:15—7:00PM via ZOOM receipt of CLE credit from the Academy Program sponsored by NCBA Corporate Partner Champion Office Suites 1 credit in diversity, inclusion and elimination of bias; 1 credit in professional practice 12:45—1:45PM via ZOOM due to high volume of programming. 1 credit in professional practice Skills credits are also available for newly admitted attorneys NOVEMBER 10 Dean’s Hour: Settlement of Discrimination Cases—Tax Considerations Please submit all CLE forms OCTOBER 23 Program sponsored by NCBA Corporate Partner Champion Office Suites Criminal Law and Procedure Update 2020 11:00AM—12:00PM via ZOOM to [email protected] for credit. 1:00—4:00PM via ZOOM 1 credit in professional practice 2.5 credits in professional practice; .5 in ethics Skills credits are also available for newly admitted attorneys Thank you. We look forward to **Program free to Nassau 18B panelists. Must pre-register. NOVEMBER 12 "seeing" you soon. OCTOBER 27 Dean’s Hour: Mission Continues—Nassau County Veteran’s Treatment Court Business of Law Lecture Series Presents: Dean’s Hour: Remote Practice Program sponsored by NCBA Corporate Partner Champion Office Suites H O N . J O S E P H G O L D S T E I N Management 12:00—1:00PM via ZOOM —Jen and Patti Program sponsored by NCBA Corporate Partner Champion Office Suites 1 credit in professional practice 12:30—1:30PM via ZOOM Skills credits are also available for newly admitted attorneys B R I D G E - T H E - G A P W E E K E N D 1 credit in professional practice Skills credits are also available for newly admitted attorneys NOVEMBER 13 **Zoom networking precedes program from 12:00—12:30PM** Dean’s Hour: What Happens to Your Debt When You Die? O C T O B E R 1 7 & 1 8 , 2 0 2 0 Program sponsored by NCBA Corporate Partner Champion Office Suites OCTOBER 28 12:15—1:15PM via ZOOM Attorney Discipline Procedure 1 credit in professional practice Offered via Zoom and in-person up to 35 people. 3:00PM—4:15PM via ZOOM Skills credits are also available for newly admitted attorneys 1.5 credits in ethics Nassau Lawyer October 2020 13 PROGRAM CCAALLEENNDDAARR Pre-registration is REQUIRED for all Academy programs. Go to nassaubar.org and click on CALENDAR OF EVENTS to register. CLE material, forms, and zoom link will be sent to pre-registered attendees 24 hours before program. All programs will be offered via ZOOM unless otherwise noted.

OCTOBER 6 NOVEMBER 16 Dean’s Hour: Navigating the New Financial World for Clients Cold Noses and Warm Hearts: Laws that Protect You and Your Program sponsored by NCBA Corporate Partner Champion Office Suites Pets 12:15—1:15PM via ZOOM 5:30—8:30PM via ZOOM 1 credit in professional practice 3 credits in professional practice **Program is open to the general public. Must pre-register. OCTOBER 6 Skills credits are also available for newly admitted attorneys Collaborative Dispute Resolution for LGBTQ Families 5:30—6:45PM via ZOOM NOVEMBER 17 1 credit in diversity, inclusion and elimination of bias; .5 credits in Business of Law Lecture Series Presents: professional practice Dean’s Hour: Marketing Your Practice in the Time of COVID Program sponsored by NCBA Corporate Partner Champion OCTOBER 8 Office Suites Aging in the Legal Profession 12:30—1:30PM via ZOOM 5:30—7:30PM via ZOOM 1 credit in professional practice 2 credits in ethics Skills credits are also available for newly admitted attorneys **Zoom networking precedes program from 12:00—12:30PM** OCTOBER 15 OCTOBER 29 Dean’s Hour: Considerations in Negotiating Contractual Indemnification Dean’s Hour: Saga of Curt Flood—The Epic Legal Struggle Against the Reserve DECEMBER 2 Clauses Clause and the Affirmation of the African-American Athlete Program sponsored by NCBA Corporate Partner Champion Office Suites Dean’s Hour: FDR and the Courts—The Ambiguous Legal Program sponsored by NCBA Corporate Partner Champion Office Suites 12:30—1:30PM via ZOOM Legacy of Franklin Delano Roosevelt 12:30—1:30PM via ZOOM 1 credit in professional practice Program sponsored by NCBA Corporate Partner Champion Skills credits are also available for newly admitted attorneys 1 credit in diversity, inclusion and elimination of bias Office Suites 12:30—1:30PM via ZOOM OCTOBER 15 OCTOBER 30 1 credit in professional practice Recent Changes in Election Law Dean’s Hour: Restitution: Tax Considerations and the TCJA 3:30—5:15PM via ZOOM Program sponsored by NCBA Corporate Partner Champion Office Suites DECEMBER 2 11:00AM—12:00PM via ZOOM 2 credits in professional practice Why Civility in the Practice of Law Matters: A Focus on Skills credits are also available for newly admitted attorneys 1 credit in professional practice Personal Injury Law **Program is open to the general public. Must pre-register. Skills credits are also available for newly admitted attorneys 5:30—7:30PM via ZOOM 2 credits in ethics OCTOBER 19 NOVEMBER 6 Dean’s Hour: Consideration in Financing Community Land Trusts Dean’s Hour: Social Media Ethics Issues Program sponsored by NCBA Corporate Partner Champion Office Suites Program sponsored by NCBA Corporate Partner Champion Office Suites 1:00—2:00PM via ZOOM 12:30—1:30PM via ZOOM 1 credit in professional practice 1 credit in ethics Skills credits are also available for newly admitted attorneys NOVEMBER 9 Please allow 10-14 business days for OCTOBER 21 United States Supreme Court: Where Pop Art, Culture and Law Meet Dean’s Hour: Religious Exemptions from Vaccinations 5:15—7:00PM via ZOOM receipt of CLE credit from the Academy Program sponsored by NCBA Corporate Partner Champion Office Suites 1 credit in diversity, inclusion and elimination of bias; 1 credit in professional practice 12:45—1:45PM via ZOOM due to high volume of programming. 1 credit in professional practice Skills credits are also available for newly admitted attorneys NOVEMBER 10 Dean’s Hour: Settlement of Discrimination Cases—Tax Considerations Please submit all CLE forms OCTOBER 23 Program sponsored by NCBA Corporate Partner Champion Office Suites Criminal Law and Procedure Update 2020 11:00AM—12:00PM via ZOOM to [email protected] for credit. 1:00—4:00PM via ZOOM 1 credit in professional practice 2.5 credits in professional practice; .5 in ethics Skills credits are also available for newly admitted attorneys Thank you. We look forward to **Program free to Nassau 18B panelists. Must pre-register. NOVEMBER 12 "seeing" you soon. OCTOBER 27 Dean’s Hour: Mission Continues—Nassau County Veteran’s Treatment Court Business of Law Lecture Series Presents: Dean’s Hour: Remote Practice Program sponsored by NCBA Corporate Partner Champion Office Suites H O N . J O S E P H G O L D S T E I N Management 12:00—1:00PM via ZOOM —Jen and Patti Program sponsored by NCBA Corporate Partner Champion Office Suites 1 credit in professional practice 12:30—1:30PM via ZOOM Skills credits are also available for newly admitted attorneys B R I D G E - T H E - G A P W E E K E N D 1 credit in professional practice Skills credits are also available for newly admitted attorneys NOVEMBER 13 **Zoom networking precedes program from 12:00—12:30PM** Dean’s Hour: What Happens to Your Debt When You Die? O C T O B E R 1 7 & 1 8 , 2 0 2 0 Program sponsored by NCBA Corporate Partner Champion Office Suites OCTOBER 28 12:15—1:15PM via ZOOM Attorney Discipline Procedure 1 credit in professional practice Offered via Zoom and in-person up to 35 people. 3:00PM—4:15PM via ZOOM Skills credits are also available for newly admitted attorneys 1.5 credits in ethics 14 October 2020 Nassau Lawyer

Dreams Deferred Among Racial Covenants I came to adolescence in a commu- Avenue in a white enclave near the actually had.13 the sale, rental, and financing of housing.21 7 nity where the steel veil of oppres- University of Chicago. In doing The court ruled against Mr. It is in the nature of men to take life for sion which sealed our ghetto encased so, Mr. Hansberry took on the Hansberry citing a prior action, 14 granted; only the absence of life will within it a multitude of Black folk network of restrictive covenants Burke v Kleiman, in which the seem to you the miracle, the greatest who endured every social ill known to which determined housing pat- issue had been dealt with by a miracle—and by the time you under- humankind: poverty, ignorance, bru- terns in Chicago. decree. Hansberry had played stand that it should be the other way tality and stupor. And, almost mysti- These restrictive covenants no part in Burke. The issue was around—well, it will be too late,it won’t cally beside all of it: the most lyrical were legally binding agreements nevertheless deemed res judica- matter then. —Lorraine Hansberry strengths and joys the soul can encom- executed among real property ta. Mr. Hansberry then appealed pass. One feels that the memories of owners specifically designed to his case, first to the Illinois that crucible, the Chicago South Side, keep African Americans from pur- Supreme Court and, after los- The ambivalent decision rendered in must live deep within the breast of this chasing or renting in white neigh- Rudy Carmenaty ing there, to the United States Hansberry v Lee prove to be a pyrrhic victory artist. —Lorraine Hansberry borhoods. These restrictions ‘ran Supreme Court. for Carl Hansberry. Ms. Hansberry remem- with land’ so they were enforce- bered her father as “typical of a generation This is one of the glories of of Negroes who believed that the ‘American On March 11, 1959 the Ethel Barrymore able against all subsequent homeowners and/ 8 man, the inventiveness of the human way’ could successfully be made to work to Theater experienced the rapturous premiere or occupants. Segregation was maintained mind and the human spirit: whenever democratize the United States.”22 of A Raisin in the Sun.1 Taking its name by contract and sanctioned by courts of law. life doesn’t seem to give an answer, we Although he won his case in the Supreme from a line of verse from Langston Hughes,2 It was also enforced by racial intimi- create one. —Lorraine Hansberry Court, “he saw that after such sacrificial Lorraine Hansberry’s stirring drama was the dation. When the Hansberrys moved in, efforts the Negroes of Chicago were as ghet- first Broadway production written by an their new neighbors greeted their arrival The Illinois Supreme Court went to to-locked as ever.”23 This struggle exacted a African American woman. with harassment and mob violence. Ms. great lengths to affirm the lower court. The considerable psychic toll. It was an experi- The play was staged by an African Hansberry recalled her mother walking the 9 majority opinion held that actually follow- ence that left him unreconciled with all his American director, Lloyd Richards, and its floors at night with a loaded gun. At one ing the terms of the covenant “would have prior aspirations. stellar cast included Sidney Poitier, Claudia point, a brick was thrown through a window nearly striking the author when she was imposed an unreasonable hardship and bur- Carl Hansberry, believing that American McNeal, Ruby Dee, Diana Sands, Ivan Dixon 10 den.”15 The dissent saw the matter far more and Louis Gossett, Jr.3 Now a part of the seven years old. racism offered no real choice and few oppor- clearly. It stated unequivocally that the nine- tunities, became an exile. By 1946, he left the American cannon, it is performed regularly All art is ultimately social; that which ty-five percent requirement was not met; United States for Mexico City. He was seek- and returned to Broadway as the musical agitates and that which prepares accordingly, there was no class and Burke ing a new life where his family could find a Raisin in 1972.4 the mind for slumber. The writer is was not binding.16 The family was forced to dignity denied them in their native land. He The reason for the play’s longevity resides deceived who thinks that he has some move from their own home. died unexpectedly in Mexico of a cerebral in its realism. A Raisin in the Sun movingly other choice. The question is not In 1940, the US Supreme Court, in an hemorrhage at the age of fifty.24 depicts the aspirations of the Youngers, a whether one will make a social state- opinion by Harlan Fiske Stone, ruled in He had once believed that prejudice could black family on Chicago’s South Side. Their ment in one’s work—but only what the Mr. Hansberry’s favor reversing the Illinois be overcome by effort and education. Like story has been treasured by audiences the statement will say, for if it says any- Supreme Court’s decision.17 Hansberry v. Walter Lee, he felt trapped by the grim real- world over for its poignancy as well as its thing at all, it will be social. —Lorraine Lee is taught to this day as a landmark in the ities of discrimination and prejudice. Carl authenticity. Hansberry field of civil procedure. The case holds for Not surprisingly, A Raisin in the Sun has Hansberry’s struggles and his untimely death “the fundamental due process principle that had a profound impact on his daughter. its basis in fact. In real-life, the playwright’s The covenant covering the Hansberry’s a ruling cannot bind absent class members if family underwent a similar ordeal which home was blatantly racist. It prohibited the representatives are inadequate.”18 I wish to live because life has within it resulted in a United States Supreme Court property being “sold, leased to or permitted The court’s determination was due to that which is good, that which is beau- decision. The story depicted on stage was to be occupied by a person of the colored Hansberry’s interests not being sufficiently tiful, and that which is love. Therefore, born of an ambivalent legal triumph achieved race,” denying entry other than to those protected in Burke. Estopping him on the since I have known all of these things, by Ms. Hansberry’s own father. employed “as janitors, chauffeurs, and house grounds of res judicata based on the decree I have found them to be reason enough I believe that one of the most sound servants.11 It should be recalled that in the was a violation of the due process clause of - and I wish to live. Moreover, because ideas in dramatic writing is that in play, the character of Walter Lee Younger the Fourteenth Amendment. It was a tech- this is so, I wish others to live for order to create the universal, you must works as a chauffeur and his wife and moth- nical victory which resulted in five hundred generations and generations and gen- pay very great attention to the specific. er are employed as domestics. homes becoming available to prospective erations and generations. —Lorraine Universality, I think, emerges from Property owner Anna Lee brought an black homeowners in Chicago.19 Hansberry truthful identity of what is. —Lorraine action in the Circuit Court of Cook County to The most disappointing aspect of Justice Hansberry enforce the covenant alleging “a conspiracy… Stone’s decision was that the court did not A Raisin in the Sun takes place in the to destroy the agreement by selling or leasing have the courage to outlaw racial covenants 1950’s, nearly two decades after Hansberry 12 v Lee and five years after Brown v Board The Hansberrys, like the Youngers, were a property in the restricted area to Negroes.” outright. It would take another eight years Mr. Hansberry countered that the covenant for the Supreme Court to declare such cov- of Education. Sixty years later, the neigh- part of the Great Migration wherein millions borhood surrounding 6140 South Rhodes of African Americans left the rural South in was invalid since a condition precedent was enants unconstitutional because they neces- not met. The covenant required ninety-five sitated the public enforcement of a private Avenue is predominantly black in a city search of a better life in the urban North. 20 where housing is still essentially segregated Chicago may have been the ‘Promise Land’ percent of the designated property owners contract. In 1968, Congress passed the Fair 25 to agree, when in fact only fifty-four percent Housing Act prohibiting discrimination in by race. when compared to Mississippi, but it was not There is little doubt that as long as this the Garden of Eden. marvelous play is performed, audiences will Although Jim Crow is usually associated continue to draw strength and resolve from with the states of the Old Confederacy, de the Youngers. But the question must be facto discrimination and racial segregation asked: does the play retain its resonance due were tangible realities above the Mason- to the timeless quality of the writing or is Dixon line. In Chicago, African Americans it because the underlying issue it portrays were rigidly confined to the so-called ‘Black 5 remains unresolved? Belt’ on the city’s South Side. The brilliance of the script aside, the con- Carl Augustus Hansberry, the author’s cerns raised by the play continue unabated father, was a successful realtor, an unsuccess- demanding a resolution beyond the merely ful Republican candidate for Congress, and 6 dramatic. The audience remains conscious a leader in the NAACP. Although his fam- that so long as individuals such as Carl ily lived a comfortable, middle-class life, the Hansberry face persistent discrimination, the family’s circumstances were circumscribed story of the Youngers will touch a raw nerve by segregation. that runs throughout American society. A status not freely chosen or entered As for Lorraine Hansberry, she died in into by an individual or a group is 1965 at the age of 34. A life cut short by pan- necessarily one of oppression and the creatic cancer; it was a staggering loss for the oppressed are by their nature (i.e., theater. But the prominence of A Raisin in oppressed) forever in ferment and agi- the Sun has tended to obscure other aspects tation against their condition and what of her legacy. Her voice, all these years later, they understand to be their oppres- remains perpetually vibrant as she will forev- sors. —Lorraine Hansberry er be “young, gifted and black.”26 Rudy Carmenaty serves as a Bureau In 1937, Carl Hansberry managed to buy Chief in the Office of the Nassau County a house through intermediaries. A bold move Attorney, is the Director of Legal Services given the racial dynamics of the time; the property was located at 6140 South Rhodes See DREAMS, Page 19 Nassau Lawyer October 2020 15 First Ever Member Appreciation BBQ at the Bar Drive-By Wednesday, September 16, 2020

Although this year was not our typi- Special thanks to our Corporate Partners cal BBQ at the Bar due to the COVID-19 for helping to make this special event happen: pandemic, we would like to thank all of AssuredPartners Northeast, Regina Vetere our Members and Corporate Partners who Champion Office Suites, Roger Kahn attended our first-ever BBQ at the Bar Drive- PrintingHouse Press, John Farrell By and donated non-perishable goods to our RealtimeReporting Inc., Ellen Birch food drive. We missed you and cannot wait to Tech ACS, Mauricio Vides and Juan Vides see you again soon. Here’s to the 2020-2021 Tradition Title Agency, Karen Keating Bar year! Photos by Hector Herrera

notice. Participants in LAP Town Hall described compulsive behaviors, you may have a prob- Assistance ... As we continue to care for ourselves, we that once they got into a groove, managing lem for which there is help. If you find that Continued From Page 1 must look to our colleagues and clients to the new demands of working from home you are sad or anxious most of the time, are ensure that they are doing well under the cir- and caring for young children, they were told having difficulty sleeping, are struggling with cumstances. Continuing to collaborate with that everything is changing again. Around fearful thoughts, being irritable and lacking personal and professional relationships, the colleagues will reduce feelings of isolation. June 2020, many of us were told that offices patience, or engaging in other unhealthy Lawyer Assistance Program is here for you. or compulsive behaviors should be assessed This can be achieved by continuing to hold are reopening, just as we had finally creat- virtual meetings regularly with colleagues. ed and developed a routine. Not only were LAP—along with members of the Lawyer regularly. Assistance Committee—provide free, con- Members of the LAP Committee also dis- If your office has reopened, hold a socially camps closed for the summer, but many were distant, in-person meeting to reignite the told that their child’s school is reopening in fidential services to the legal community. cussed “Ten Tips to Stay Sane,” which includ- feelings of teamwork and collegiality. September with new safety protocols and These services include peer support, crisis ed: 1) create a space to do work and a space As for clients, it is crucial to maintain schedule changes to navigate, all while man- to relax; 2) manage expectations of ourselves intervention, evaluation, referrals, profes- contact with them and continually educate aging existing clients, attending virtual court and others; 3) create a routine; 4) set bound- sional supportive counseling, outreach, edu- them on their legal options and rights, which appearances, bringing in new business, and cation, prevention, and wellness programs. aries; 5) practice tolerating uncertainty; 6) frequently change pursuant to different exec- collecting receivables. Eckhardt is currently providing confidential strengthen self-care; 7) reach out to others; utive orders and court rules. Being flexible These changes—often sudden and with 8) be of service to others; 9) do something is key, as legal plans and strategies change. little notice—can cause stress and anxiety. counseling services via Doxy.me, a HIPAA that you enjoy; and 10) create a gratitude list. We must also manage their expectations and Learning coping strategies is key to manag- compliant secure video platform. These tips still apply today, even as we ven- anxieties about how the pandemic is affecting ing the constant changes to our daily lives. LAP is committed to helping members ture from home and back into a work setting. their case, prolonged delays, and other com- Effective coping strategies include knowing of the legal community stay healthy and In addition to personal self-care, LAP has plications while assuring them that you are when to set boundaries, recognizing triggers, productive during these challenging times. also spoken about the importance of profes- always available to assist them, in good times taking time out to walk or exercise, eating a Contact LAP at (516) 512-2618 or eeck- sional self-care. It is important to ensure you and in bad times. well-balanced diet, and getting enough rest. [email protected] for help. The Suicide have the technological tools to succeed at Seeing positive changes has been encour- It is also critical to know when to reach out Prevention Hotline is (800) 273-8255 or can home, and to stay current on the executive aging, such as restaurants, offices, and schools for help, and so often do attorneys have trou- be texted at 741741. orders, court procedures, judge’s rules, and reopening, in part or in whole, and the num- ble reaching out for assistance. availability. It is important to be realistic bers of infections and deaths decreasing in If you find that you are having diffi- about what we can and cannot accomplish New York. However, we are all still struggling culty managing your thoughts or you are Thank you to Jamie Rosen, past co-chair in our practices given that our “new normal” to adjust to new versions of “normal” each concerned about the amount that you are of the NCBA Mental Health Law Committee, is changing week by week, without much week and each month. drinking, eating, or you are engaging in other for her contributions to this article. 16 October 2020 Nassau Lawyer The Glorious RBG

As the Nassau Lawyer goes to press, the Her written deci- As a justice on the tion of Title VII of the 1964 Civil Rights Act, world has learned that Ruth Bader Ginsburg, sions consume twen- Supreme Court, per- “incompatible with the statute’s broad reme- Associate Justice of the United States ty-seven volumes of the haps her majority opin- dial purpose.”5 She stated that her colleagues Supreme Court, passed away on the evening United States Reports. ion in United States either were not comprehending or being indif- of September 18, 2020. Although she was Justice Ginsburg’s v. Virginia can serve ferent to “the insidious way in which women small in stature, she was a giant of the law. opinions were always as her testament.1 In can be victims of pay discrimination.”6 Her accent may have been pure Brooklyn, but thoughtful, well-rea- this landmark 1996 She concluded her forceful dissent noting her words were always measured, profound, soned, elegant, and decision, the Virginia that “the ball is in Congress’ court…. the and lasting. lucid. Whether one Military Institute, Legislature may act to correct this Court’s The daughter of Jewish immigrants, she agreed or disagreed the last all-male parsimonious reading of Tittle VII.”7 Two died on the eve of Rosh Hashanah, the Jewish with the outcome, there state-funded college in years later, the Congress amended the 1964 New Year, and like a ram’s horn, during her was no denying her Rhoda Andors Rudy Carmenaty the country, was forced Civil Rights Act with the Lilly Ledbetter Fair eighty-seven years she breathed new life into ability to speak directly to accept women cadets Pay Act. The new law automatically resets American jurisprudence, becoming a clarion to the issues confront- whom it had previously the 180-day statute of limitations at issue in call for equality before the law. She once asked: ing the actual people denied admission. this case “each time wages, benefits, or other “What is the difference between a seamstress before the court. Applying the Fourteenth Amendment’s compensation is paid.”8 and a Supreme Court Justice?” Her answer was Above all else, she was a touchstone for Equal Protection Clause, the Court invalidat- With her soft-spoken dignity and fierce short and sweet: “One generation.” those who believe in equal rights, civility, and ed all laws, both federal and state, which in intellect, she also became a cultural icon of Her rise to the summit of the legal profes- the values inherent in our common humani- Justice Ginsburg’s telling prose deny “women, nearly inconceivable proportions. This is sion was unprecedented. Despite being tied ty. As a litigator during the 1970’s, she was the simply because they are women, full citi- unique for any judge, and it truly set her apart. for first in her class when she graduated from architect of a legal strategy designed to secure zenship status—equal opportunity to aspire, Her pop icon status was on full display when Columbia Law School in 1959, no Manhattan gender equality for a generation of women achieve, participate in and contribute to soci- she was asked how she felt about being linked law firm would hire her because she was a then coming of age, as well as for generations ety based upon their individual talents and with the rapper the Notorious B.I.G. She imp- woman. She was undaunted by the rampant of Americans yet to come. capacities.” 2 ishly noted that since both were born and bred sexism of the day and became a passionate Her clients were not the rich nor were Her dissent in Ledbetter v Goodyear Tire in Brooklyn, they had a lot in common. advocate for those discriminated against on they powerful. One was a female Air Force & Rubber Co. stands as another example of It would be as the “Notorious RBG” the basis of gender. lieutenant seeking a military housing allow- her contribution to American law.3 Justice that she would become known to the wider During more than forty years on the ance routinely provided to male officers. Ginsberg had intimate knowledge of dispari- world. The most unlikely of media sensa- federal bench—first on the U.S. Court of Another was a widower from New Jersey, ties in pay based on gender. When she was a tions, Justice Ginsburg was as ubiquitous in Appeals for the D.C. Circuit and, since 1993, wanting to care for his young son who was law professor at Rutgers, she was paid less than the public’s consciousness as she was brilliant as a Justice on the U.S. Supreme Court— denied Social Security survivor benefits. her male counterparts because her husband on the court. And with her extensive collec- Justice Ginsberg served as a distinguished She would argue six gender discrimination was an attorney at a New York law firm.4 jurist on the order of Holmes, Cardozo, cases before the Supreme Court, winning The Court was split 5-4, and she saw the Brandeis, and Thurgood Marshall. all but one. majority’s decision as a “cramped” interpreta- See RBG, Page 23 NCBA 2020-2021 Corporate Partners

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NCBA CORPORATE PARTNERS 2020-2021

Nassau County Bar Association Corporate Partners are committed to providing Members with the professional products and services they need to succeed. 18 October 2020 Nassau Lawyer Pro Bono Attorneys of the Month

By Susan Biller Andrew Thaler, Adam D’Antonio, Harold Somer and Stuart Gelberg Andrew Thaler Adam D’Antonio Harold Somer Stuart Gelberg

Since its inception in 1981, Nassau Suffolk Law Services felt thank you from someone you helped is a great feeling, but the community propels him toward making a meaningful con- Volunteer Lawyers Project (VLP), in cooperation with the just knowing that I did a good deed is all that matters.” nection and giving each client peace of mind. Nassau County Bar Association ( NCBA), has involved the He also enjoys meeting other attorneys at the clinics In his spare time, Somer and his wife started Hurley’s Heart most dedicated private attorneys as partners in its quest to because it provides an opportunity to share thoughts on legal Bulldog Rescue, which is dedicated to rescuing and fostering meet the civil legal needs of our community’s most vulnerable matters and to connect personally and professionally. English Bulldogs until they find forever homes. citizens. Approximately 30 years ago, the VLP collaborated with the NCBA to launch the Bankruptcy Project. This highly Adam D’Antonio Stuart Gelberg successful free bankruptcy clinic continues to serve hundreds Adam D’Antonio is in private practice in Garden City, Stuart Gelberg is a consumer and business bankruptcy of clients per year, with bi-monthly screenings usually held at focusing on elder law and guardianship, trusts and estates, and attorney in private practice in Garden City. In addition, he the NCBA. These screenings are staffed by experienced volun- bankruptcy. He first worked with Nassau/Suffolk Law Services handles commercial litigation and previously served for over teer bankruptcy attorneys. They assist clients seeking to relieve as a law student, and since his admission has been involved twenty years as a trustee in Chapter 13 bankruptcy matters. oppressive financial burdens and gain a fresh start. in the Nassau VLP Bankruptcy Clinic and the Advanced He has also been a dedicated volunteer with the VLP for more This year, COVID-19 has wrought havoc upon our com- Directives Initiative, as well as the Suffolk Pro Bono Project’s than two decades. He has represented approximately 509 pro munity and posed unprecedented challenges to the delivery of Social Security/Disability program. Over the past 10 years, he bono clients in both Nassau and Suffolk counties over the past legal services to these low-income, disabled, and disadvantaged has assisted on 53 VLP pro bono matters, volunteering over 10 years, logging in countless volunteer hours. Fittingly, he individuals. Our in-person clinics could not be conducted. 100 hours to needy clients. has been named Pro Bono Attorney of the Month on several Nevertheless, four of our dedicated volunteer attorneys came During the past 13 years of association with the NCBA, he past occasions. forward immediately. They were able to quickly adapt their served as a Board Member and a Chair of the Membership Gelberg considers it the responsibility of each attorney to screenings to virtual mode, conducting most of their meetings and Community Relations Committees. He was also among provide pro bono services to the community. He is glad to by telephone or Skype, and exchanging documents via email the first group of recipients of the Access to Justice Award for fulfill this opportunity through the VLP, and gratified when his when necessary. During the most stressful and unnerving pro bono service. In 2019, he received the Board of Directors clients tell him that he has made a difference in their lives. “I periods of the pandemic, these attorneys put aside their own Award for Outstanding Service to the NCBA. am grateful for the opportunity to make a lasting impression. personal challenges to ensure that no eligible client would be He feels that “Serving as a volunteer attorney is extremely Pro bono clients remember the service and expertise you pro- left adrift or feel abandoned. rewarding because we assist individuals who would otherwise vide them forever.” Accordingly, we are privileged to recognize Andrew Thaler, be intimidated by or prohibited from seeking legal advice due In recognition of these four attorneys’ extraordinary com- Adam D’Antonio, Harold Somer, and Stuart Gelberg as our to the inability to afford consultation fees. These people are mitment to Nassau County’s neediest citizens especially in most recent Attorneys of the Month. often overwhelmed and confused. It’s a wonderful feeling to see these trying times, the Volunteer Lawyers Project, along with We would like to share some of these attorneys’ thoughts on their concerns ease after a consultation.” the Nassau County Bar Association, are pleased to honor what their pro bono service means to them. He believes that we will begin to see more COVID related Andrew Thaler, Harold Somer, Stuart Gelberg and Adam concerns as forbearance and foreclosure moratoriums come to D’Antonio as our latest Pro Bono Attorneys of the Month. Andrew Thaler an end. “The next few months would be a great time for new Andrew Thaler is in private practice in Westbury, focusing attorneys to become involved with the program.” The Volunteer Lawyers Project is a joint effort of Nassau on bankruptcy, debtor, and creditor rights, and trustee represen- Suffolk Law Services and the Nassau County Bar Association, tation. He is a past Chair of the NCBA Bankruptcy Committee, Harold Somer which, for many years, have joined resources toward the goal and one of the founding members of the Bankruptcy Clinic Harold Somer is in private practice in Westbury, focusing in of providing free legal assistance to Nassau County residents back in 1990. Since that time, he has regularly attended the the area of bankruptcy and debtor/ creditor rights. Somer was who are dealing with economic hardship. Nassau Suffolk Law clinic, and has assisted with filing many pro bono Chapter 7 also one of the founders of the VLP/NCBA Bankruptcy Panel Services is a nonprofit civil legal services agency, receiving feder- Bankruptcy matters for these clients. Over the past 10 years, in 1990, and he has continued to serve regularly since that time. al, state and local funding to provide free legal assistance to Long he has volunteered hundreds of hours and handled 94 cases for Over the past 10 years, he has donated several hundred hours Islanders, primarily in the areas of benefits advocacy, home- VLP clients. and assisted over 163 VLP clients both screening and filing lessness prevention (foreclosure and eviction defense), access to He reflects, “Unfortunately, many of us can only truly Chapter 7 petitions. He also volunteers at the NCBA Mortgage health care, and services to special populations such as domestic count our blessings when we see the suffering of others. I have Foreclosure Consultation Clinic. He has garnered numer- violence victims, disabled, and adult home resident. The provi- interviewed people whose lives were always challenged due to ous awards, including the New York State Bar Association sion of free services is prioritized based on financial need and poverty caused by health and mental issues. Others had some President’s Pro Bono Service Award in 2015. funding is often inadequate in these areas. Furthermore, there is or even a high level of success only to face some life altering Somer feels that every client deserves to be treated with no funding for the general provision of matrimonial guardian- event beyond their control which changed their lives. Knowing compassion and dignity. During these COVID times, many ship or bankruptcy representation, therefore the demand for that I can do just a little bit with my time and have something marginalized individuals are even more isolated, and unfor- pro bono assistance is the greatest in these areas. If you would like positive happen for these people is rewarding. It gives pause to tunately cannot get the same level of comfort from virtual to volunteer, please contact Susan Biller at (516) 292-8100, ext. reflect on my own blessings, which are many. Getting a heart- communication. Nevertheless, his keen desire to give back to 3136, or [email protected].

“While every judge’s record is subject to anal- President's ... ysis and criticism, it is undeniable that Justice Continued From Page 4 Ginsburg gave a voice to LGBTQ people, women, and those who depended on the Court Ginsburg, Associate Justice of the United to preserve their bodily autonomy.” — Charlie States Supreme Court was a jurist of the Arrowood, Chair, LGBTQ Committee highest caliber—wise, knowledgeable, pas- “As a Feminist, RBG’s first major case was sionate, dedicated, and courageous. Justice to help a man who was being treated dif- Ginsburg sacrificed much to ensure that ferently because of his sex. Feminism is our country as a whole, and certainly its about equality, in all aspects. Today, the legal system, lived up to the ideals of justice, world lost a feminist champion. I encourage fairness, and equality. As a lawyer, she fought everyone to watch RBG or On the Basis of tirelessly, with grace and eloquence to win Sex to learn more about her. Weinberger v. equal justice for all and was the greatest of Wiesenfeld (1975), Ginsburg represented a champions for women’s rights. As a Justice of young widower who had been denied the the Supreme Court, her valor, dedication to Social Security survivor's benefits for which justice, uprightness, fairness, and goodness he would have qualified if he were female.” ensured equal justice for all. —Sherwin Figueroa Safir, Vice-Chair, Woman in Though her passing is a painful and tre- the Law Committee mendous loss for everyone, her legacy of unity, love, justice, hope, and peace will ing members of the Association, for gener- Judge Ginsberg graciously welcomed our “She was a pioneer and champion of wom- endure. Her greatness can never be matched.” ations to come.” — Daivd Shargel, Federal group in a private room on the day of the cer- en’s rights, but also an inspiration to every- — Hon. Linda K. Mejias, Founder and First Courts Committee emony; although she appeared to be physi- one who supports equality for all groups. Chair of the Diversity and Inclusion Committee cally fragile, she spoke warmly to us at length Her wisdom and fighting spirit will be sorely “I was in the NCBA group that went to missed.” — Edie Reinhardt, Chair, Woman in “Justice Ginsburg was a legal pioneer of Washington for the Federal and Supreme with a distinct presence and glow.” — Hon. the Law Committee historic stature. Her legacy and vision of Court admissions, Joel Asarch was the Elizabeth D. Pessala, Chair, Judicial Section equality will surely impact lawyers, includ- President and I was on the Board of Directors. Committee May she rest in peace. Nassau Lawyer October 2020 19

not have been addressed by the contract. parties affected by the pandemic may attempt 10. Goldstein v. Orensanz Events LLC, 146 A.D.3d 492, Broken Promises ... Similar to force majeure provisions discussed to rely upon frustration of purpose, as illus- (1st Dept. 2017). Continued From Page 6 above, mere economic difficulty or burden is trated by recent filings.21 11. Macalloy Corp. v. Metallurg, Inc., 284 A.D.2d 227, 227 17 (1st Dept. 2001); Coastal Power Prod. Co. v. New York not enough to invoke impossibility. In sum, contract parties whose ability to State Pub. Serv. Comm’n, 153 A.D.2d 235, 240 (3rd Dept. excused only during the “period of the delay.” In some circumstances, applying these perform has been affected by COVID-19 1990). Parties attempting to rely upon a force narrow standards to COVID-related non- should carefully examine their contracts to 12. Beardslee v. Inflection Energy, LLC, 904 F. Supp. 2d 213, 220 (N.D.N.Y. 2012). majeure provision must also follow any appli- performance will be straightforward, as in determine if force majeure, or the related doctrines of impossibility and frustration of 13. LIDC I v. Sunrise Mall, LLC, 46 Misc. 3d 885, 891 cable notice provisions or risk losing the abil- the case of a vendor who was unable to (Sup. Ct., Nassau Co. 2014). ity to invoke the defense. This issue is cur- provide event services on a specified date purpose, provides a defense to nonperfor- 14. Mike LaSusa, Chuck E. Cheese Landlords Say Virus No mance. Parties must keep in mind, however, rently the subject of litigation in the ongoing due to the government’s stay-at-home orders. Shield From Rent, Law360 (Aug. 18, 2020), available at the strict boundaries on the parameters of https://www.rb.gy/wbbm.76 Chuck E. Cheese bankruptcy proceedings, But the analysis becomes murkier in other these defenses and the numerous legal and 15. “New York courts do not appear to recognize com- where landlords claimed that the children’s’ hypothetical scenarios, such as a purchasing party to a real estate contract who claims that factual issues that bear on their validity. mercial impracticability as a separate defense to the doc- entertainment centers failed to give notice trine of impossibility; rather, impracticability is treated as shut-down orders made a scheduled closing of the force majeure event, as specifically David Shargel is a litigation partner at a type of impossibility and construed in the same restrict- impossible. The seller may assert that the Bracewell LLP and Chair of the NCBA required by lease provisions, and therefore ed manner.” Clarex Ltd. v. Natixis Sec. Americas LLC, No. closing could have taken place virtually, or Federal Courts Committee. 1:12-CV-7908-GHW, 2014 WL 4276481, at *11 (S.D.N.Y. could not rely upon the defense to avoid Aug. 29, 2014). 14 that the purchaser is now trying to escape a paying rent. 1. Kel Kim Corp. v. Cent. Markets, Inc., 70 N.Y.2d 900, 16. D & S Restoration, Inc. v. Wenger Const. Co., 54 Misc. contract that has become an economic bur- 902 (1987). 3d 763, 767 (Sup. Ct., Nassau Co. 2016). den. Such factual issues are likely to be the 2. Force majeure translates literally from French as “supe- 17. Sassower v. Blumenfeld, 24 Misc. 3d 843, 846–47 (Sup. Alternatives to Force Majeure 18 subject of future litigations. rior force.” Ct., Nassau Co. 2009) Parties to contracts without force majeure Short of impossibility, frustration of pur- 3. Trump on Ocean, LLC v. Ash, 24 Misc. 3d 1241(A) 18. Lantino v. Clay LLC, No. 1:18-CV-12247 (SDA), 2020 provisions are not without a remedy, as the (Sup. Ct., Nassau Co. 2009). WL 2239957, at *3 (S.D.N.Y. May 8, 2020) (rejecting pose may also provide an avenue to relief. 4. Reade v. Stoneybrook Realty, LLC, 63 A.D.3d 433, 434 common law doctrines of impossibility and This doctrine, also narrow construed, pro- impossibility defense based on COVID-19 where govern- (1st Dept. 2009). ment orders had only “adversely affected [defendants’] frustration of purpose may provide a defense vides a defense to nonperformance where a 5. Prashant Enterprises Inc. v. State, 206 A.D.2d 729, 730 to nonperformance.15 (3d Dept. 1994). ability to make the payments”). change in circumstances makes one party’s 19. PPF Safeguard, LLC v. BCR Safeguard Holding, LLC, Impossibility is exactly as it sounds, and 6. Black’s Law Dictionary (11th ed. 2019). performance virtually worthless to the other, 7. Weber v. Rogers, 41 Misc. 662, 665 (Sup. Ct., Oneida 85 A.D.3d 506, 508 (1st Dept. 2011). “excuses a party’s performance only when frustrating the purpose of making the con- Co. 1903) (recognizing that “involuntary illness” has been 20. Crown IT Servs., Inc. v. Koval-Olsen, 11 A.D.3d 263, the destruction of the subject matter of the tract.19 Further, “the frustrated purpose must held to be an act of God). 265 (1st Dept. 2004). contract or the means of performance makes be so completely the basis of the contract 8. Team Mktg. USA Corp. v. Power Pact, LLC, 41 A.D.3d 21. See, e.g., Banco Santander (Brasil), S.A. v. American performance objectively impossible.”16 In 939, 942 (3d Dept. 2007); Kel Kim Corp. v. Cent. Markets, Airlines, Inc., No. 20-cv-3098, 2020 WL 4926271 that, as both parties understood, without Inc., 70 N.Y.2d 900, 903 (1987). (E.D.N.Y. Aug. 21, 2020); Venus Over Manhattan Art addition, the impossibility must be the result it, the transaction would have made little 9. Phibro Energy, Inc. v. Empresa De Polimeros De Sines LLC v. 980 Madison Owner LLC, No. 20-cv-03838 of an event that was unforeseen and could sense.”20 There are myriad scenarios in which Sarl, 720 F. Supp. 312, 319 (S.D.N.Y. 1989). (S.D.N.Y. May 18, 2020).

What happens to a dream deferred? 9. Lorraine Hansberry, To Be Young, Gifted and Black, at 21. History.com editors. Fair Housing Act, (updated Sept. Dreams ... Does it dry up mijs.chicousd.org. 12, 2018) at www.history.com. 10. Id. 22. Hansberry, supra n.9. Continued From Page 14 like a raisin in the sun? 3. Marill, supra n.1, at 220. 11. Kamp, supra n.8, at 485. 23. Id. 4. Id. at 100. 12. Id. at 481. 24. “Carl Augustus Hansberry,” at www.enacademic.com. for the Nassau County Department of 5. Lorraine Hansberry: Playwright, Activist, Important 13. Moore, supra n.7. 25. Sam Lasman, Fighting for Home: The Roots of Raisin 14. 277 Ill. App. 519 (1934). in the Sun, at www.huntingtontheatre.org. Social Services, and the Language Access Civil Rights Figure, (December 4, 2018) at nevablack- 15. Lee v Hansberry, 24 N.E.2d 37 (Ill. 1939). 26. To Be Young, Gifted and Black: Lorraine Hansberry in Coordinator for the Nassau County down.com. Executive. He is also Vice-Chair of the 16. Id. her Own Words, is a dramatic recreation of Hansberry’s 6. Danielle Jackson, The Dynamic Life of Lorraine 17. Hansberry v. Lee, 311 US 32 (1940). life taken from the author’s own writings by her former NCBA Publications Committee. Hansberry, (Jan. 19, 2018) at www.shondaland.com. 18. Lyonette Louis-Jacques, Lorraine Hansberry: Her husband and literary executor Robert Nemiroff. It was 7. Natalie Y. Moore, Lorraine Hansberry and Chicago Chicago law story, (Mar. 6, 2013), at www.lib.uchicago. posthumously produced off-Broadway and the source 1. Alvin H. Marill, The Films of Sidney Poitier (1st ed. Segregation, (Mar. 30, 2016) at www.historyreader.com. edu. of an assembled autobiography. Nina Simone, a friend 1978) at 220. 8. Allen R. Kamp, The History Behind Hansberry v Lee, 20 19. Moore, supra n.7. of Hansberry, in 1969 wrote the anthem To Be Young, 2. In his poem Harlem, Hughes asks the question: UC Davis L. Rev. 481, at 485. 20. Shelly v Kraemer, 334 U.S. 1 (1948). Gifted and Black in tribute to her late friend.

In Brief

Marc Hamroff, Managing Partner at Moritt Commercial Litigation Group and Resolution Practices, was a featured Lois Schwaeber, lawyer of The Safe Center Hock & Hamroff LLP, proudly announced that Co-Chair the Civil Rights/Personal presenter at the Home Fashion LI, Inc. (TSCLI) announced that TSCLI has com- counsel Julia Gavrilov, who practices in the Injury Group. Products Association webinar on pleted its acquisition of Child Abuse Prevention areas of equipment leasing and finance, secured Forchelli Deegan Terrana LLP’s October 1, discussing employer and Services (CAPS) and will immediately rebrand lending and complex commercial litigation, has Managing Partner, Jeffrey D. employee perspectives in return- the vital programming as CAPS at The Safe been chosen as a recipient of the 2020 Secured Forchelli, was appointed a Trustee ing to work during the pandemic. Center. Finance Network’s (SFNet) 40 Under 40 Awards of Wagner College, a private liberal Lastly, the firm warmly congratu- Managing Attorney Annamarie Bondi- which recognizes the best and the brightest arts college on Staten Island. He lates associate Phillip Hornberger Stoddard of Pegalis Law Group, LLC has been rising stars in the secured finance industry. will serve a three-year term com- on the birth of his son. named the only 2021 "Lawyer of the Year” by SFNet was formerly the Commercial Finance mencing September 1, 2020. Mr. Genser Cona Elder Law The Best Lawyers in America© for Plaintiffs Association, the nationwide trade association in Forchelli was a Trustee from 2005 to Founder and Managing Partner Personal Injury Litigation in Long Island. the secured lending community. 2014, where he also served as Vice Marian C. Rice Jennifer B. Cona has announced a The Secured Finance Network (SFNet) L’Abbate Balkan Colavita & Contini, LLP Chairman of the Board of Trustees. newly formed strategic alliance with named Theresa Driscoll and Julia Gavrilov, proudly announces that nine of its attorneys have Vishnick McGovern Milizio the New Jersey Elder Law Center attorneys at Moritt Hock & Hamroff (MH&H), been recognized by Super Lawyers. Included as LLP proudly congratulates three of its attor- (NJELC) at Goldberg Law Group, headquar- to its Top Women in Commercial Finance list 2020 New York Metro Super Lawyers are NCBA neys for being named to the New York Metro tered in Roseland, NJ. This alliance provides for 2020 in recognition of their outstanding Past President Marian C. Rice (Professional Super Lawyers 2020 list: managing partner clients with increased access to top-tier New achievements and leadership in the commercial Liability—Defense), Richard P. Byrne (Insurance Joseph G. Milizio (Business & Corporate Jersey resources, legal representation, and coun- finance industry. Coverage), Douglas R. Halstrom (Construction Law); partner Joseph Trotti (Family Law); and sel. Ms. Cona is also designated as of counsel at Bond, Schoeneck & King is pleased to Litigation), William T. McCaffery (Professional partner Constantina S. Papageorgiou (Estate Mandelbaum Salsburg P.C., with which Genser announce Candace J. Gomez has been named Liability—Defense) and Amy M. Monahan Planning & Probate). The firm also applauds Ms. Cona Elder Law additionally shares a strategic Co-Chair of the firm’s school law practice. (Professional Liability—Defense). James D. Papageorgiou for her selection to the Long Island alliance. The In Brief column is compiled by Marian Spithogiannis (Professional Liability—Defense) Business News “Top 50 Women in Business” Ronald Fatoullah of Ronald Fatoullah & C. Rice, a partner at the Garden City law firm and Lauren Davies (Professional Liability— 2020 list and Mr. Milizio for his appoint- Associates has been recognized by Best Lawyers® L’Abbate Balkan Colavita & Contini, LLP, where she chairs the Attorney Professional Defense) have been named 2020 New York ment to the Human Rights Campaign (HRC) in Elder Law, Trusts and Estates Litigation, and Liability Practice Group. In addition to Metro Rising Stars. With great sadness, the National Board of Governors. Mr. Trotti, head Trusts and Estates for 2021. Mr. Fatoullah has representing attorneys for 35 years, Ms. Rice firm acknowledges that our recently departed of the firm’s Family & Matrimonial Law Practice been recognized 14 years by Best Lawyers®. is a Past President of NCBA. partner, Anthony P. Colavita, was again desig- and a leader of the Surrogacy, Adoption, and Throughout these unprecedented times, he has Please email your submissions to nated a Super Lawyer in the field of Professional Assisted Reproduction; LGBTQ Representation; been providing educational webinars to the com- [email protected] with subject Liability—Defense but, to the firm, Tony held and COVID-19 Legal Assistance Practices, munity as well as to professionals regarding the line: IN BRIEF that title even before the peer review company announced the launch of his new biweekly upcoming changes to Community Medicaid in vlog, “Family Matters,” discussing issues in these New York and the importance of early planning. began its operations. The Nassau Lawyer welcomes submissions Barket Epstein Kearon Aldea & LoTurco, areas. Mr. Milizio, head of the firm’s Business Tenenbaum Law, P.C.’s founder Karen to the IN BRIEF column announcing news, LLP, a boutique criminal defense, civil rights, and and Transactional Law and Real Estate Law Tenenbaum and Marisa Friedrich spoke about events, and recent accomplishments of its cur- rent members. Due to space limitations, sub- commercial litigation firm with offices in New Practices, was a “local expert” speaker at the NYS Residency issues for Strafford Webinars. missions may be edited for length and content. York City and on Long Island, has announced Long Island Herald Inside LI webinar discussing Ms. Tenenbaum celebrated her seventh year as PLEASE NOTE: All submissions to the IN that Alexander R. Klein has been promoted the Long Island real estate market’s present and a Super Lawyer in the New York Metropolitan BRIEF column must be made as WORD to partner after a unanimous vote of the part- future. Partner Andrew A. Kimler, head of the Area. Ms. Tenenbaum wrote an article for Davo DOCUMENTS. ners. Mr. Klein will continue to lead the firm’s firm’s Employment Law and Alternative Dispute Sales Tax regarding COVID-19 sales tax relief. 20 October 2020 Nassau Lawyer WE CARE NCBA We Acknowledge, with Thanks, Sustaining Members Contributions to the WE CARE Fund 2 0 2 0 - 2 0 2 1 DONOR IN HONOR OF To commemorate the wedding of Bianca Tamburello Michelle and Michael Gelblat and Andrew Gelbat. A special thank you to Judge The NCBA is grateful for these individuals who David McAndrews and Judge John Marks. strongly value the NCBA's mission and its The appointment of Hon. Andrew A. Crecca as DiMascio & Associates, LLP Administrative Judge for the Suffolk County contributions to the legal profession. Courts. To commemorate the wedding of Hon. Linda K. Samuel J. Ferrara Mejias and Dorian R. Glover. To commemorate the wedding of Mr. & Mrs. Michael Hon. Richard S. Kestenbaum Samuel J. Ferrara Erica Lucille Alter Masri. Margaret Alter Hon. Susan T. Kluewer Mark E. Alter Martha Krisel DONOR IN MEMORY OF Vanessa P. Anagnostou Donald F. Leistman Michael J. Antongiovanni David I. Levine Michael and Judy Orenstein Hon. Arthur D. Spatt Rosalia Baiamonte Marilyn M. Levine Michael and Judy Orenstein Flory Warshawsky, wife of Hon. Ira B. Warshawsky Ernest T. Bartol Peter H. Levy Gregory S. Lisi Howard Benjamin Hon. Peter B. Skelos Richard Mercy Jack A. Bennardo Hon. Roy S. Mahon Hon. Maxine S. Broderick Mili Makhijani Richard and Kathy Collins Mary Fitton, mother of Pamela Fitton Neil R. Cahn Peter J. Mancuso Jeffrey L. Catterson Michael A. Markowitz Hon. Fred J. Hirsh Flory Warshawsky, wife of Hon. Ira B. Warshawsky Hon. Lance D. Clarke Tomasina Cuda Mastroianni Alan W. Clark John P. McEntee Mark Green Martin Hayden Hon. Leonard S. Clark Christopher T. McGrath Richard D. Collins Anthony J. Montiglio Mark Green Nino Noto Hon. Catherine Eileen Daly Teresa Ombres Hon. Michael L. Orenstein William Haverlin, father and father-in-law of Tim Hon. Joseph A. DeMaro Hon. Denise Sher Michael DiFalco Lisa M. Petrocelli and Beth Zanchelli Laura M. Dilimetin Christian Aaron Pickney Hon. Denise Sher Maryann Carrigan, mother of F. Scott Carrigan John P. DiMascio Jr. Milan Rada Janet Nina Esagoff Michael E. Ratner Joanne and Hon. Frank Gulotta, Jr. Christy Carr Howard S. Fensterman Marc W. Roberts Samuel J. Ferrara Jamie A. Rosen Ellen L. Flowers Leonard M. Rosenberg IN MEMORY OF REVEREND JAMES A. BUCARIA, BROTHER OF HON. Thomas J. Foley Daniel W. Russo STEPHEN A. BUCARIA AND THOMAS A. BUCARIA Lawrence R. Gaissert Jerome A. Scharoff Hon. Peter B. Skelos Judith L. Powell Kathleen Wright Marc C. Gann Stephen W. Schlissel Eugene S. Ginsberg Hon. Denise L. Sher Frank Giorgio, Jr. Hon. Peter B. Skelos Alan B. Goldman Ira S. Slavit Checks made payable to Nassau Bar Foundation — WE CARE Stephen F. Gordon Wiliam J.A. Sparks Hon. Frank A. Gulotta Jill C. Stone Contributions may be made online at www.nassaubar.org or by mail: Mary Elizabeth Heiskell Sanford Strenger NCBA Attn: WE CARE Alan B. Hodish Terrence L. Tarver Carol M. Hoffman Danielle M. Visvader 15th & West Streets Mineola, NY 11501 Warren S. Hoffman Hon. Joy M. Watson James P. Joseph David Paul Weiss WALK FOR A WEEK WITH WE CARE

October 22 - 29, 2020 To become a Sustaining Walk — run — jog — bike — while raising money for WE CARE! Member, please contact $40 registration fee. Get friends and family to sponsor you— at any the Membership Office at denomination — for every mile you complete. At the end of the week, join the WE CARE Advisory (516) 747-4070. Board for a Finish the Line Ceremony with prizes! Contact Bridget Ryan at (516) 747-4070 ext. 1226 or [email protected] for more information. Nassau Lawyer October 2020 21

vaccination are pain, swelling, or redness and socioeconomic disparities in healthcare of the NCBA COVID-19 Law Student Pro Vote ... where the shot was given, mild fever, chills, access, African-Americans and Latinx peo- Bono Program. Continued From Page 3 feeling tired, headaches, muscle aches and ple will die at higher percentages compared 1. Forbes, 9 Pharmaceutical Companies Racing For A joint aches. Serious side effects from vac- to Caucasians. As of June 2020, New York COVID-19 Vaccine (June 16, 2020), available at https:// Grading of Recommendations, Assessment, cines are extremely rare. For example, if 1 reported deaths by race/ethnicity as follows: bit.ly/3mywfGa. Development, and Evaluation. Information million doses of a vaccine are given, 1 to 2 Black or African Americans constitute 14% 2. Report of NYSBA Health Law Section Task Force on people may have a severe allergic reaction.16 of the population, but 25% of the deaths; and COVID-19, Appendix G, P. 82 (May 13, 2020). gathered from the GRADE approach 3. Report and recommendations of NYSBA Health Law will then be entered into an “Evidence to Any possible side effects must be bal- Hispanic or Latinos constitute 16% of the Section Task Force Report with revisions, App. G, 87–88 Recommendation” or EtR table. Multiple anced against the societal good that will population, but 26% of the deaths.19 (July 1, 2020). health panels will review the data. The New result from a mandatory vaccine. An equita- 4. Jacobson v. Massachusetts, 197 U.S. 11 (1905). York legislature will recommend a mandat- bly distributed mandatory vaccine will pro- Conclusion 5. Id. at 26. vide valuable benefits to New York’s social, 6. Id. at 39. ed vaccine if benefits significantly outweigh NYSBA’s House of Delegates determines 7. Id. at 26. undesirable consequences. economic, and public health structures. policy of the association. Its membership is 8. Id. at 29. The analysis of a mandatory vaccine For example, the pandemic crippled New composed of a large cross section of New 9. Viemeister v. White, 179 N.Y. 235 (1904). begins with the determination of whether York’s education system. Online education York. 20 During its November 7, 2020 meet- 10. McCartney v. Austin, 31 A.D.2d 370 (3d Dept. 1969). has adversely affected learning, particularly 11. Phillips v. City of New York, 775 F.3d 538, 543 (2d the current issue is a public health concern. ing, the House of Delegates will be voting to Cir. 2015). COVID-19 is a public health concern in New along socioeconomic lines. Households led approve the Health Law section’s recommen- 12. Report of NYSBA Health Law Section Task Force on York. As of July 29, 2020, over 418,000 cases by single-parent families, front-line work- dations. If approved, NYSBA will submit its COVID-19 at 60 – 61. have been identified, and over 32,000 deaths ers, and those of low socioeconomic sta- recommendations to the New York legislature 13. New York Times, New York Coronavirus Map and 13 Case Count (July 29, 2020), available at https://nyti. have been reported in New York. tus have been disproportionately negatively for review concerning a mandatory COVID- affected by remote learning.17 ms/3hxXRr9. An overriding concern is whether a 19 vaccination. Based on scientific facts and 14. Centers for Disease Control and Prevention, Vaccine COVID-19 vaccination is safe. This may A mandated vaccine will also foster herd established law, it is expected that New York Safety (updated Jan. 29, 2020), available at https://bit. immunity in New York. “Herd immunity only be determined by the experts. However, will pass a law mandating a COVID-19 vacci- ly/2Fx2UuP. occurs when enough people become immune 15. Id. there is solid medical and scientific evidence nation. With legislation requiring mandatory that the benefits of vaccines far outweigh the to a disease to make its spread unlikely. As 16. US Dept. Health & Human Svcs., Vaccine Side Effects vaccination, it is anticipated that laws will be (Updated February 2020), available at https://bit.ly/2ZH- risks. For example, in the past 20 years, there a result, the entire community is protected, coordinated across the states to offset any fMWd. have been 5 reported health claims concern- even those who are not themselves immune. federal inaction. 17. Report of NYSBA Health Law Section Task Force on ing a vaccine—all of which were deemed Herd immunity is usually achieved through COVID-19, Appendix G, at 50. unfounded by the CDC.14 Despite conjec- vaccination, but it can also occur through Michael A. Markowitz is a member of the 18. Harvard Health Publishing, Preventing the Spread ture, there is no link between vaccines (or natural infection.”18 New York State Bar Association House of of the Coronavirus (updated July 28, 2020), available at Delegates, representing NCBA. https://bit.ly/3iBsnld. its ingredients) and autism or sudden infant Without a vaccine, herd immunity would 19. COVID-19 Racial Data Tracker (June 2, 2020), avail- 15 death syndrome (SIDS). be achieved if 50%-80% of the population Sarah Olsen is a second-year law student able at https://bit.ly/3iBtkda. The most common side effects from a become infected with the virus. With racial attending Hofstra University, and a member 20. NYSBA bylaws Art. V § 3 (Jan. 31, 2020).

tion daily regarding future in-person events to member attorney who can offer them free assist attorneys in need as stressors and anx- Value ... ensure the safety of Members and staff. legal advice on how to proceed. Since its ieties continue to rise during the pandemic. Continued From Page 1 inception in April of this year, the COVID LAP services include, but are not limited to, Lend a Helping Hand Help program has helped nearly 200 mem- consultations, supportive counseling, peer sup- meeting itself. This way, Members can rest The NCBA has not only also adapted bers of the public. Our community needs port, group support, stress management work- assured that their information is securely to assist Members, but the public too, as YOUR help. Members can volunteer on the shops, treatment referrals, and more. To contact held, and they are still able to virtually meet COVID-19 has proven to be a difficult hurdle COVID Help program. For more informa- LAP, call the 24-Hour Confidential Helpline for Lawyers in Need at (516) 512-2618 or (888) with their committees. to overcome for those in need. The NCBA tion, contact Ann Burkowsky at aburkows- has always been committed to giving back to [email protected] or (516) 747-4071. 408-6222, or email [email protected]. Virtual Social Events the community, and during COVID-19, has Join Today remained dedicated to doing so. Members of Mental Health Services for Judges, While the pandemic has prevented the public now have an additional resource Attorneys and Law Students To join the NCBA and take advantage of Members from being able to congregate in from the NCBA—the COVID-19 Helpline. these benefits and many others, call (516) large groups, the NCBA has a lineup of excit- Those in need can email covidhelp@nassau- In addition to helping members of the 747-4070 or visit the NCBA website at www. ing virtual events and wellness seminars for all bar.org with any legal issue he or she may public, the NCBA also remains committed nassaubar.org. What are you waiting for? Members to attend throughout the year. We be facing due to the COVID-19 pandemic, to assisting the legal community. The Lawyer Join the NCBA today! We look forward to are continuing to monitor this evolving situa- and have that issue forwarded to a volunteer Assistance Program (LAP) has continued to welcoming you!

Each May the Student Mentoring Program performed the roles of litigants, counsel and association leadership to build upon, and Diversity ... culminates in a luncheon at Domus, provid- U.S. Supreme Court justices. The perfor- significantly increase, pipeline program offer- Continued From Page 8 ing students of color further access to the bar mance of the Amistad case was attended by ings. and the bench, making it possible for them an audience comprised of one hundred bar Schaffer and past president Peter H. Levy. to envision becoming attorneys themselves. association members, parents and commu- Planting Seeds for the Future Students learn to apply the rules of evi- Over the course of twenty-five years, thou- nity leaders. The trial re-enactment was so In the current climate, an increasing num- dence, master complex fact patterns, and the sands of students have reaped the benefits well-received, that a second command per- ber of corporate clients are holding law firms importance of civility and professionalism. of this program and many have gone on to formance took place at the African American accountable with respect to the number of With fifty high schools and nearly six-hun- pursue higher education. Museum in Hempstead in February for Black diverse partners and associates they employ. dred students participating, the Nassau con- In the wake of the pandemic, the Student History Month. Therefore, many law firms have come to test is the largest single-county competition Mentoring Program was suspended, however This past February, the NCBA’s Diversity appreciate that recruiting and retaining in the state. The NCBA program is one of few program coordinators are working with the and Inclusion Committee introduced the minority attorneys not only strengthens the privileged to have the use of a county Supreme Hempstead Schools, and other school dis- Long Island Legal Diversity Fellowship profession, it also makes good business sense. Court courthouse to stage the mock trials. tricts, to continue the program in a virtual Program (LILDFP). This is a new pipeline As pipeline programs vastly improve the Mock trial is an extracurricular activity format. Beginning this October, the program program for first year law students attending career prospects of minority students, a larg- which requires hundreds of hours of prepa- is intended to transition to a mock trial Hofstra, St. John s and Touro. The objective er pool of prospective, qualified attorneys ration. The competition affords students the model, based on the case of The People v. of the program is to increase the number of suitable for law firm recruitment and reten- opportunity to sharpen critical thinking, Goldilocks, a lesson plan developed by The minority attorneys practicing at Long Island 4 tion are being groomed. This is a mutually construct legal arguments and develop oral Classroom Law Project. law firms. beneficial situation in which the legal pro- advocacy skills geared to the rigors of the New NCBA Pipeline Programs Diversity and Inclusion committee mem- fession nurtures its future by planting seeds practice of law, which they are encouraged to bers worked with law school career placement in rich, diverse soil that had previously gone pursue. This year, as in past years, students As a way of opening the doors to Domus, professionals to encourage large Long Island untapped. from public high schools, including Baldwin, the NCBA’s Diversity and Inclusion commit- law firms to designate seats for minority law Hempstead, Uniondale and Valley Stream students in their summer associate classes. A Hon. Maxine S. Broderick sits in Nassau tee partnered with Jack and Jill of Nassau County District Court. She is a past presi- participated in the competition. County and the Nassau County Office of key component of the program was to ade- dent of the Amistad Long Island Black Bar The Student Mentoring Program, found- Youth Services to present trial re-enactments quately prepare the students for interviews Association. Currently, Judge Broderick is the ed in 1994 by longtime bar association mem- of landmark civil rights cases. These events with their prospective employers. Chair of the NCBA’s Diversity and Inclusion ber Alan Hodish, is an additional NCBA were held in observance of Martin Luther Committee members conducted mock committee and a member of the NCBA Board pipeline program. The Student Mentoring King Day in both 2019 and 2020. The first interviews, reviewed resumes, and offered of Directors. She also serves as an NCBA Program primarily serves elementary and trial re-enactment, Meredith v. Fair, cen- individualized interview feedback. In spite mentor at the Barack Obama School in Hempstead and a coach/judge for the NCBA middle school students from communities of tered upon the case that desegregated the of the pandemic, the LILDFP successfully High School Mock Trial competition. color, including Hempstead, Uniondale, and University of Mississippi. The second re-en- placed several students in paid summer posi- Westbury. In bi-weekly sessions through- actment, United States v. Schooner Amistad, tions at participating firms during the sum- 1. ABA 2020 Profile of the Legal Profession, available at out the school year, approximately ninety documented the seizure and subsequent mer of 2020. The LILDFP intends to continue https://bit.ly/3mnMZ2y. NCBA-affiliated attorneys and judges meet release of a ship of enslaved Africans. this effort by recruiting students for summer 2. Id. 3. NYS Unified Court System, New York Legal Education with students to discuss topics ranging from In both instances youth from Jack and associate positions in 2021. Program, available at https://bit.ly/3kkojX8. the practice of law to athletics to books the Jill, an organization of mothers dedicated to The NCBA’s Diversity and Inclusion com- 4. The Classroom Law Project, People v. Goldilocks, avail- students are reading. nurturing future African American leaders, mittee remains committed to working with able at https://bit.ly/2RpQTdc. 22 October 2020 Nassau Lawyer

DISTRICT COURT IN-HOUSE COUNSEL NEW LAWYERS Discusses issues arising from practice Shares information and support to assist Structured events and activities of benefit in District Court, and promotes dialogue in-house counsel and new subject matter skills. and interest to newer attorneys (within between the bench and the bar with respect Chair: Tagiana Souza-Tortorella ten years of admission) and law students, 2020-21 NCBA Committee to issues of common concern. including social and professional activi- INSURANCE LAW Co-Chairs: S. Robert Kroll and Roberta ties. Establishes support network for new List and Chairs Reviews insurance claim procedures, insur- lawyers. D. Scoll ance policies, substantive insurance law and Co-Chairs: Steven V. Dalton and Glenn DIVERSITY AND INCLUSION related issues. R. Jersey, III Questions? Contact Stephanie Encourages more diverse membership Pagano at (516) 747-4070 or INTELLECTUAL PROPERTY LAW participation at the Bar and promotes dis- Provides a source of information to prac- PARALEGAL [email protected] for cussion of issues related to diversity in the ticing attorneys whose interests relate to Promotes the exchange of information more information. practice of law. patents, trademarks, copyright and other between paralegals and attorneys and pro- vides and establishes a networking opportu- Chair: Hon. Maxine S. Broderick intellectual property matters. nity between paralegals and attorneys. Vice Chair: Rudy Carmenaty Chair: Frederick J. Dorchak Co-Chairs: Maureen Dougherty and Vice Chair: Sara M. Dorchak DOMUS (HOUSE) Cheryl Cardona Oversees repairs and refurbishing of the LABOR & EMPLOYMENT LAW NCBA headquarters. Analyzes proposed federal and state legislation, PLAINTIFF’S PERSONAL INJURY ACCESS TO JUSTICE CIVIL RIGHTS LAW Chair: Maureen Dougherty administrative regulations, and current judicial Discusses new developments and changes Develops innovative programs to provide Explores issues related to the protection of decisions relating to employer-employee in the law that affect plaintiff’s lawyers and free or reduced fee access to legal counsel, EDUCATION LAW the rights of minorities and the various civil relations, pension, health and other employee their clients. Discusses topics related to the legal aspects advice and information. rights legislation. benefit plans, Social Security and other matters Chair: Ira S. Slavit of school systems. Co-Chairs: Kevin P. McDonough and in the field of labor and employment law. Vice Chair: David J. Barry Chair: Bernadette K. Ford Co-Chairs: John P. Sheahan and Rosalia Baiamonte Chair: Matthew B. Weinick Vice Chairs: Robert L. Schonfeld Rebecca Sassouni PUBLICATIONS Vice Chair: Sheryl A. Channer Vice Chair: Michael H. Masri Solicits and develops articles for the month- Vice Chair: Abigail Hoglund-Shen COMMERCIAL LITIGATION ly Nassau Lawyer publication; advises and ADOPTION LAW *LAWYER ASSISTANCE PROGRAM Provides a forum for attorneys practicing ELDER LAW, SOCIAL SERVICES & supports efforts of the Nassau Lawyer Discusses issues relating to all aspects of Provides confidential assistance to attorneys commercial litigation, including interaction HEALTH ADVOCACY editor. the adoption process, including laws and struggling with alcohol, drug, gambling and with justices and support staff of Nassau Addresses legal issues related to health, other addictions & mental health issues Co-Chairs: Christopher J. DelliCarpini legislation. mental hygiene and social services for the County’s Commercial Part. Works with other that affect one’s professional conduct. and Andrea M. DiGregorio Chair: Faith Getz Rousso public and special population groups, includ- related committees and NCBA Officers and *Application & Presidential approval required Vice Chair: Rudy Carmenaty ing the poor, the aged and the disabled. ALTERNATIVE DISPUTE RESOLUTION Chair: Jacqueline A. Cara Directors on issues of corporate law affect- Co-Chairs: Katie A. Barbieri and REAL PROPERTY LAW Reviews innovative trends and strategies Considers current developments relating to ing both litigated and non-litigated matters. Patricia A. Craig *LAWYER REFERRAL regarding alternative dispute resolution, Advises the NCBA Lawyer Referral Service; the practice of real estate law. Chair: Matthew F. Didora Vice Chairs: Marianne Anooshian and including NCBA’s Arbitration and Mediation addresses policy questions regarding fees, Chair: Alan J. Schwartz Vice Chairs: Jeffrey A. Miller and Suzanne Levy program. law categories and membership. *Presidential Vice Chair: Jon Michael Probstein Co-Chairs: Marilyn K. Genoa and Jess Christopher J. Clarke ENVIRONMENTAL LAW approval required SENIOR ATTORNEYS Establishes a forum for the exchange of A. Bunshaft COMMUNITY RELATIONS & PUBLIC LEGAL ADMINISTRATORS Members approximately 65 and older meet information regarding substantive and Provides a forum for legal administrators to to discuss pertinent issues in their personal ANIMAL LAW EDUCATION procedural law in the burgeoning field of share information, learn about updates to HR and professional lives. Focuses on animal law-related issues and Provides speakers to schools, libraries and environmental matters. and labor law, gain knowledge about topics rel- their interrelationship with other areas of Chair: Charles E. Lapp, III community organizations; conducts mock Chair: Nicholas C. Rigano evant to their position, and network with other the law. trial competition for high school students; SPORTS, ENTERTAINMENT & MEDIA ETHICS administrators, while at the same time increas- Chair: Kristi L. DiPaolo promotes Law Day; and plans public educa- Responds to member inquiries relating to ing visibility and understanding related to the LAW Vice Chair: Florence M. Fass tion seminars on current topics. ethics and propriety of all facets of practicing administrator’s role within law firms. Considers topics and factors specifically law, including advertising, conflict of interest Co-Chairs: Dede S. Unger and Virginia related to practice in the field of sports, APPELLATE PRACTICE Chair: Joshua D. Brookstein entertainment and media law. and confidential relationships. Kawochka Addresses effective brief writing and oral Vice Chair: Ingrid J. Villagran Chair: Seth L. Berman Chair: Matthew K. Flanagan arguments on appeal as well as develop- LGBTQ Vice Chairs: Avigael C. Fyman and Mili ments in the law or court rules that may CONCILIATION Addresses equality in the law and the legal SUPREME COURT Provides a forum for dialogue among bar impact appellate practice. Provides an alternative voluntary process Makhijani concerns of the LGBTQ community. members and the judiciary on topics related through which fee disputes between clients Co-Chairs: Charlie Arrowood and Chair: Jackie L. Gross FAMILY COURT LAW & PROCEDURE to Supreme Court practice. and attorneys are arbitrated. Addresses issues that relate to the practice Byron Chou Vice Chair: Amy E. Abbandondelo Chair: William Croutier, Jr. Chair: M. Kathryn Meng of law in Family Court. Vice Chair: Barrie E. Bazarsky Vice Chair: Steven Cohn ASSOCIATION MEMBERSHIP Chair: Susan G. Mintz Vice Chair: Steven L. Keats MATRIMONIAL LAW Develops strategies to increase and retain SURROGATE’S COURT ESTATES AND Vice Chair: Lisa Daniels Promotes the standards and improves the membership as well as expand member CONDEMNATION LAW & TAX TRUSTS FEDERAL COURTS practice of matrimonial law. services and benefits. Deals with estate planning, administration CERTIORARI Monitors developments in federal practice Chair: Samuel J. Ferrara Chair: Michael DiFalco and litigation; reviews pending relevant Focuses on issues related to real property and interfaces with federal judges and court Vice Chairs: Jeffrey L. Catterson and New York State legislation; and maintains valuation and litigation. personnel. BANKRUPTCY LAW Karen L. Bodner an interchange of ideas with the Nassau Reviews recent decisions on bankruptcy Chair: Richard P. Cronin Chair: David Shargel County Surrogate and staff on matters of MEDICAL LEGAL law and their implications for attorneys who Vice Chair: Matthew C. McCann mutual interest. Vice Chair: Michael P. Guerriero Reviews issues relating to medical malprac- represent debtors or creditors. GENERAL/SOLO/SMALL FIRM PRACTICE tice litigation for plaintiffs and defendants. Chair: Brian P. Corrigan Chair: Neil H. Ackerman CONSTRUCTION LAW MANAGEMENT Co-Chairs: Mary Anne Walling and Vice Chair: Joseph L. Hunsberger Vice Chair: Jeannine M. Farino Provides a forum for discussion on topics Provides networking opportunities for Susan W. Darlington VETERANS & MILITARY LAW related to construction law. general, solo and small-firm practitioners, BUSINESS LAW, TAX, AND Vice Chair: Christopher J. DelliCarpini Reviews legislation and regulations associ- Chair: Raymond A. Castronovo and explores ways to maximize efficient law ated with military law and veterans’ affairs, ACCOUNTING MENTAL HEALTH LAW practice management with limited resources. in particular, the needs of reservists and Educates members on emerging issues in CRIMINAL COURT LAW & PROCEDURE Provides programs on legal issues con- Encompasses a variety of areas of practice. National Guard called to active duty. corporate and tax law as well as accounting Reviews legislation related to the field of cerning mental illness and developmental Chair: Scott J. Limmer Chair: C. William Gaylor, III related matters, and promotes the exchange criminal law and procedure, and discusses disabilities, including but not limited to, HOSPITAL & HEALTH LAW capacity, civil rights, access to treatment and WOMEN IN THE LAW of information between attorneys and problems, questions and issues pertinent to Considers legal issues impacting health care, dual diagnosis, as well as discusses relevant Examines current trends regarding women accountants. attorneys practicing in this field. hospitals, nursing homes, physicians, other statutes, case law and legislation. in the court system, and seeks to protect Co-Chairs: Jennifer L. Koo and Scott L. Chair: Dana L. Grossblatt providers and consumers. Co-Chairs: Saundra M. Gumerove and their rights to equal treatment. Kestenbaum Vice Chair: Diane T. Clarke Chair: Leonard M. Rosenberg Suanne Linder Chiacchiaro Chair: Edith Reinhardt Vice Chair: Anthony Michael Sabino Vice Chair: Colleen C. McMahon Vice Chair: Sherwin Figueroa Safir DEFENDANT’S PERSONAL INJURY MUNICIPAL LAW BY-LAWS IMMIGRATION LAW Discusses new developments and changes Reviews trends and developments concerning WORKERS’ COMPENSATION Periodically reviews and suggests appropri- Discusses problem areas in immigration zoning and planning, elections, employee rela- Discusses current legislation related to in the law that affect defendants’ lawyers ate changes in the current by-laws of NCBA, law. tions, open meetings law, and preparation and Workers’ Compensation regulations and NCBA Fund, Assigned Counsel Defender and their clients. Chair: George A. Terezakis enforcement of ordinances and local laws. benefits. Plan and Academy of Law. Chair: Matthew A. Lampert Vice Chairs: Lorena E. Alfaro and Co-Chairs: John C. Farrell and Chris J. Chair: Adam L. Rosen Chair: Daniel W. Russo Vice Chair: Melissa Manna Alex Noel Ortiz Castro Coschignano Vice Chair: Brian P. O’Keefe Nassau Lawyer October 2020 23

DISTRICT COURT We Welcome the following New Members NCBA Committee Roberta D. Scoll/S. Robert Kroll Meeting Calendar Friday, October 16 12:30 p.m Attorneys Students Oct. 1—Nov. 5, 2020 ELDER LAW SOCIAL SERVICES HEALTH Tara Scully Gillad Aldad Sabrina E. Rossi Please Note: Committee Meetings are ADVOCACY for NCBA Members. Dates and times are Amanda Slutsky Andrew Ben Bandini Tiffany Hsin Wakeham subject to change. Katie A. Barbieri/Patricia A. Craig Check www.nassaubar.org Tuesday, October 20 for updated information. 12:30 p.m. PLAINTIFF’S PERSONAL INJURY Ira S. Slavit the scope of immunity to ensure all New Tuesday, October 20 COVID-19 ... Yorkers are protected.”16 PUBLICATIONS 12:30 p.m. Continued From Page 11 The rapidity with which the Legislature Christopher J. DelliCarpini/Andrea M. DiGregorio ALTERNATIVE DISPUTE RESOLUTION passed and then amended Article 30-D Thrusday, October 1 Marilyn K. Genoa/Jess Bunshaft shows that the Legislature is attentive to the 12:45 p.m. Seeking Balance Tuesday, October 20 pandemic. If New York’s progress against COMMUNITY RELATIONS & PUBLIC 12:30 p.m. Legislatures constrain medical malprac- COVID-19 should slow or reverse, we can EDUCATION tice liability to find a balance between pro- expect the Legislature to at least consider fur- BUSINESS LAW, TAX AND ACCOUNTING/ Joshua D. Brookstein tecting patients from substandard treatment ther attempts to find that balance. For now, WOMEN IN THE LAW and protecting the health care industry as counsel consider claims from patients and Thursday, October1 Jennifer A. Koo/Scott L. Kestenbaum-Business 12:45 p.m. from meritless claims. The supporters of the their families, we must pay close attention to Law/Edith Reinhardt-Women in the Law amendments to Article 30-D sought to strike the law as it has changed, and continues to DEFENDANT’S PERSONAL INJURY Wednesday, October 21 that balance in real-time: change, to respond to this crisis. Matthew A. Lampert 12:30 p.m. “The legislation that was advanced during Christopher J. DelliCarpini is an attorney the budget and at the height of the pan- Thursday, October 1 ASSOCIATION MEMBERSHIP with Sullivan Papain Block McGrath Coffinas 5:00 p.m. demic provided enhanced immunity to Michael DiFalco & Cannavo P.C. in Garden City, representing COVID-19 effected healthcare facilities plaintiffs in personal injury matters. He can REAL PROPERTY LAW Wednesday, October 21 and professionals. Our health care system be reached at [email protected]. Alan J. Schwartz 1:00 p.m. and workers were facing an unprecedent- 1. 83 A.D.3d 18, 23 (2d Dept. 2011). Wednesday, October 7 GENERAL SOLO SMALL PRACTICE ed challenge in a crisis situation and pro- 12:30 p.m. 2. 9 NYCRR § 8.202.10. MANAGEMENT tections were needed,” Majority Leader 3. 9 NYCRR § 8.202. LGBTQ Scott J. Limmer Stewart-Cousins said. “The heroic work 4. L.2020 ch. 56 pt. GGG. 5. Amy Julia Harris et al., “Nursing Homes Are Hot Charlie Arrowood/Bryon Chou Tuesday, October 27 of our health care workers has allowed us to move forward past the initial crisis Spots in the Crisis. But Don’t Try Suing Them.” The Tuesday, October 13 12:30 p.m. New York Times (May 13, 2020), available at https://nyti. 9:00 a.m. stage. Therefore, it makes sense to limit ms/2YYo8t2. MEDICAL-LEGAL 6. Jesse McKinley & Luis Ferré-Sadurni, “Blame Spreads CIVIL RIGHTS Mary Anne Walling/Susan W. Darlington for Nursing Home Deaths Even as N.Y. Contains Virus,” Bernadette K. Ford Wednesday, October 28 The New York Times (Jul. 23, 2020), available at https:// Tuesday, October 13 12:30 p.m nyti.ms/30FrAbi. 7. L.2020 ch.132. 12:30 p.m. INTELLECTUAL PROPERTY 8. Complaint, No. 1:20-cv-03122-JMF, 2020 WL 1915671 LABOR & EMPLOYMENT LAW Frederick J. Dorchak/Sara M. Dorchak (Apr. 20, 2020). 9. Defendant’s Mem. of Law, 2020 WL 2771890, 2771896 Matthew B. Weinick Thursday, October 29 (Apr. 23, 2020). Wednesday, October 14 6:00 p.m. 10. Memorandum Op. & Order, ECF No. 33, 12:30 p.m. 1:20-cv-03122-JMF (May 1, 2020). PUBLICATIONS 11. L.2020 ch. 56 pt. GGG § 2. EDUCATION LAW Christopher J. DelliCarpini/Andrea M. DiGregorio 12. L.2020 ch. 132 § 3. John P. Sheahan/Rebecca Sassouni 13. McKinley, supra n.6. Thursday, November 5 14. As defined in Section 3081(3) and (4), these terms Thursday, October 15 12:45 p.m. encompass anyone authorized by statute or executive 12:30 p.m. COMMUNITY RELATIONS & PUBLIC order to provide health care in New York, including nurs- ing homes and volunteers from out-of-state. DIVERSITY & INCLUSION EDUCATION 15. UCC § 1-201(b)(20)(“‘Good faith’ means honesty in Hon. Maxine Broderick Joshua D. Brookstein fact in the transaction or conduct concerned.”) 16. “Senate and Assembly Majorities Advance Legislation Thursday, October 15 Thursday, November 5 Limiting Immunity for Health Care Services,” New York 6:00 p.m. 12:45 p.m. State Legislature (July 23, 2000), available at https://bit. ly/2QD0EnP.

accessory into a political statement by wear- in Mineola, where she primarily practic- RBG ... ing specific jabots when announcing major- es employment law and works on class 9 actions. She is past Co-Editor-In-Chief of Continued From Page 16 ity or dissenting opinions from the bench. the Nassau Lawyer. She was profiled in all manner of media from learned treatises to children’s books, Rudy Carmenaty serves as a Bureau tion of jabots (the frilly collars that adorn her Chief in the Office of the Nassau County libn from TV talk shows to feature films. T-shirts, robes), she even managed to turn a fashion Attorney, is the Director of Legal Services memes, bobble heads, lapel pins, coffee mugs, for the Nassau County Department of even tattoos are all emblazoned with the Social Services, and the Language Access e-alert Justice’s likeliness. The moniker “You Can’t Coordinator for the Nassau County Spell Truth Without Ruth” is everywhere and Executive. He is also Vice-Chair of the on just about everything imaginable.10 NCBA Publications Committee. No summary of Justice Ginsburg would be 1. United States v. Virginia 518 U.S. 515 (1996). complete without a word about her beloved 2. Id. at 532. husband of more than half-a-century, the 3. Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 renowned tax attorney Martin Ginsberg. (2007). Theirs was an enviable union of equals. 4. Irin Carmon and Shana Knizhnik, Notorious RBG: The Life and Tines of Ruth Bader Ginsburg, 47 (1st ed. 2015). Marty was known for both his loving support 5. Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. at and for his cooking. As a couple, they com- 661 (Ginsberg, J. dissenting). plimented each other beautifully. 6. Bench Announcement in Ledbetter v. Goodyear Tire & Justice Ginsburg died in Washington sur- Rubber Co., Tuesday, 29, 2007 contained in Ruth Bader Ginsberg with Mary Harnett and Wendy W. Williams, rounded by her family. She became the first My Own Words, 287 (1st ed. 2016). woman to lay in state at the US Capitol and 7. Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. at was buried at Arlington National Cemetery 661 (Ginsberg, J. dissenting). beside her husband. 8. The language from the statute is quoted in Johanna L. Grossman, The Lilly Ledbetter Fair Pay Act of 2009: Ruth Bader Ginsburg was one of the rare President Obama’s First Signed Bill Restores Essential people who through their life’s work made a Protection Against Pay Discrimination, (February 13, OUR DAILY NEWS tangible difference in the life of this country. 2009) supreme.findlaw.com. All of America, having benefited from her 9. Emily McClure, All of Ruth Bader Ginsberg’s Jabots, ALERT IS FREE. From Her Statement-Making Collar to Her Sassy Beaded efforts and example, is in mourning. That is Accessories, Bustle (May 6, 2015). why she was so beloved by so many, and why 10. Irin Carmon and Shana Knizhnik, Notorious RBG: SIGN UP NOW AT libn.com she will be remembered by all. The Life and Tines of Ruth Bader Ginsburg, (1st ed. 2015). There is also a volume of the Justice’s quotations under Collection of the Supreme Court of the Rhoda Y. Andors is an attorney with Bee United States, Photographer: Steve Petteway this title compiled by Mary Zaia, which was published Ready Fishbein Hatter & Donovan, LLC in 2018. 24 October 2020 Nassau Lawyer LAWYER TO LAWYER APPELLATE COUNSEL NO-FAULT ARBITRATION DIVORCE MEDIATION NEIL R. FINKSTON, ESQ. THE NEW YORK NO-FAULT ARBITRATION ATTORNEY Shery-Anne Sastow, Esq. Benefit From a Reliable & Experienced Appellate Specialist TO THE PERSONAL INJURY MEMBERS OF THE BAR Accredited Divorce Mediator (NYSCDM) Former Member of Prominent Manhattan Firm ANDREW J. COSTELLA, JR., ESQ. 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with customized financial solu branch’s operational proficiency tions. She has 25 years of banking Harrisburg-based Pennsyl family law experience. She has a vania Public Utility Commis DAIRY GODMOTHERS and mentor her financial center and financial services experience bachelor’s degree from the Col Kuhn sion named team. Most recently, she was a cor and was a financial adviser with lege of William and Mary and a of Philadelphia and Dauphin County grew by 8,997 people. Charleston, West Virginia (-1.6 percent); and 1,661 (or 52.9 percent) lost popula on one or two acres and not pelletizing. porate social responsibility super Smoker Wealth Management. - Amy S. Goldman law degree from Dickinson School Hrivnak - Pine Bluff, Arkansas. (-1.5 percent); PHOTO/THOMAS A. BARSTOW “The vast majority of local hops are visor and head teller II with First She has bachelor’s and master’s of Law. tion. Though there has been more growth - members of of the Cumberland Pennsylvania County - Farmington, New Mexico (-1.5 percent); Specialty cheese biz taps into local dairies National Bank. She has a bach degrees from Ashford University. - What’s happening nationally? than decline overall, the numbers indicate brewed in late summer or early fall for FOOD BUSINESS Telecommunications Relay SerMatthew wet-hop beers,” he said. “That has been elor’s degree from York College. - Laura J. Melfi The census data confirmed that coun- Danville, Illinois (-1.2 percent); and vice Advisory Board. Goldman Susquehanna Township-based that this can easily shift year over year. By Stacy Wescoe Hills Farm in Chester County. the big limitation.” - vice president and cash manage Mette Evans & Woodside named ties with the largest numeric growth are Watertown-Fort Drum, New York (-1.2 “We’ve recently advanced Krieger was named senior has been a public member of the A deeper dive into the census data - BridgeTower Media The Millworks and other breweries said ment officer with Mid Penn’s First Matthew D. Co our operator training and Jones pitched the idea of using the CSA Lower Allen Township-based board. She is a speech-language located in the south and the west. In percent). The population decreases were Lancaster-based RGS Associ Members 1st Federal Credit - Priority Bank division. She will be ble reveals several demographic changes certification program and format to develop a new way of selling craft they would like to buy more local hops ates named pathologist, has conducted - a sharehold fact, Texas claimed four out of the top primarily due to negative net domestic Fauth Union named based in Chester County and con er. He represents - impacting commercial real estate develop Stefanie Angstadt started making cheese cheese to cheese fans. That led Jones, Ang- Craft-beer boom spurs local hops farmersyear round, especially pelletized hops, to ect landscape architect. He has trainings on the importance of are currently engaged with insurance com 10 spots. Looking at population growth migration. a pilot program assessing Jake Krieger Alma Jimenez tribute to deposit growth through - - ment: household formations, aging baby - efficienciesas a hobby for the soon use afterof graduating from col- stadt and Miller in 2016 to create the Collec- support farmers. a bachelor’s degree from Temple telecommunications for those “I think brewers absolutely want to use branch manager business development activities. panies, fraternal by metropolitan area, Dallas-Fort North Dakota was home to the fastest- lege in 2008. tive Creamery CSA, based out of Angstadt’s University. - with disabilities and has been boomers, growing millennials, women drones for 3D modeling of By Jason Scott proj of the location She will also generate fee income benefit societies, - Worth-Arlington, Texas had the largest growing county. Among counties with a [email protected] it,” Musselman said, noting the differencesnamed a computer aided drafting - involved with the administra After a few years she knew it was some- Oley creamery, with Jones as the operations Matthew Fauth inside the Gi through cash management prod - insurance pro Mike in the workforce and migration toward Flahive said. The company now does work in smell and taste between East and Westand design designer. He also is a tion of Pennsylvania’s telecom numeric growth, with a gain of 131,767 population of 20,000 or more, Williams Sublease 14X14 windowed thing she wanted to do full time. manager and Angstadt and Miller as the two ant Foods store ucts and services, and expand and ducers and third- Kushner the South. Today’s demographic changes for a number of different clients, including Pennsylvania leads the nation in craft- - Coast hops. sergeant in the National Guard. He munications device distribution people, or 1.8 percent in 2018. Second County, North Dakota, claimed the top construction companies, utilities and gov She opened Valley Milkhouse in a former primary cheese makers. on East Market - retain customer relationships. She party administra - - was present challenges for commercial real The opportunities for creating new jobs But Musselman said he expectshas local an associate degree from York program. Hrivnak will represent ernment agencies. dairy farm in Oley in 2014 and began to “We thought between the three of us, we beer production. Street, York. She has 43 years of financial services tors in insurance regulatory, trans was Phoenix-Mesa-Scottsdale, Arizona, spot as the fastest-growing by percent- But while more beer is being brewed in hops would cost more than thoseTechnical from Institute. experience. the PUC’s Bureau of Consum - estate developers, but they also offer lu and businesses are vast, said Albert R. manufacture and sell her cheeses profes- could pool our resources and move beyond was a branch - actional andnoting litigation- is matters.thatCoble the counties have main- which had an increase of 96,268 people, age. This county’s population rose by 5.9 Sarvis, an assistant professor of geospatial er Services on the board. He - crative opportunities to firms creatively places like Carlisle, Harrisburg and York, larger West Coast suppliers, given the manager for PNC Bank. tained the same order of ranking based technology at Harrisburg University of Sci sionally. farmers markets,” Angstadt said. is manager of compliance and or 2.0 percent. The cause of growth in percent between 2017 and 2018 (from ence and Technology. HU has adapted its brewers here must rely on some key in lower hop volumes at local farms.Upper Nev Dublin Township, Mont Jimenez CONSTRUCTION MARKETING adapting to new demands. Not a dairy farmer, herself, she partnered According to Jones, the trio didn’t invent competition in the bureau’s pol upon population for eight-plus years. For these areas is migration, both domestic 33,395 to 35,350 people). The rapid geospatial programs to include the use of gredients that often travel long distances. - ertheless, he said he wouldgomery still buy County-based local McMahon - • drones and has sponsored summer camps with other small Berks County dairies to buy the idea of a cheese-based CSA. But, she Manheim Township-based Lancaster-based Wohlsen Lancaster-based Godfrey office in 5 atty suite, - One is hops, which are not widely Associates Inc. named icy division. - example, in 2010 the counties in order of and international, as well as natural growth Williams County experienced was for students in high school and middle hops for special PA Preferred brews, i.e., Ambassador Advisors LLC named Construction Co. named named Mike Kushner is the owner of Omni Realty school to encourage interest in the technol fresh warm milk “straight from the udder.” said, “A cheese CSA is still pretty unique.” pher K. Bauer smallest population to largest were Cum- increase. In Dallas, it was natural in- due mainly to net domestic migration of - grown in Pennsylvania, or on the East - beers made with Pennsylvania-produced Christopher R. Maza ciate creativeLuke director. Weidner He will Group, a real estate firm in Harrisburg. He can ogy, SarvisOthers said. pointed out that drones have been Her cheeses — mostly a mix of softer and Jones said it also makes sense. general manager of the Camp Hill - project Coast in general. agricultural commodities, like hops or Coolidge manager and es Harrisburg-based State Civil oversee message unificationberland, andDauphin, York and Lancaster. crease that served as the largest source 1,471 people in 2018. The county also ex- be reached through www.omnirealtygroup. office. He has morean associate.than 20 years He is Service Commission named - used in the film and television industries, as aged styles — were a hit. “You can get subscriptions for anything In fact, most hops come from Washing Christo investment of timator. He was an asso David Heath, director of the PA Drone Association, prepares to make remarks at Drone Advocacy Day June 11 in Harrisburg. Heath and other grain. Manuel brand consisten This is the same ranking we see in 2018, of population growth. For Phoenix it was perienced growth between 2017 and 2018 com� well as in surveying rail lines and in police chief resa Osborne supporters hope to encourage state leaders to support the growing drone industry. “We make everything by hand. It’s very today — dog products, beauty products — of project management and trans - ficer. He leads and emergency applications, such as river Victor Shaffer and Andrew Lyons start project engineer. - cy and align cre - ton, Oregon and Idaho, which account for County a commissioner. She was rescues. One story told during the June 11 portation engineering experience the wealth man - He has a bache training and certification program and are good cheese so there is a demand,” Angstadt why not cheese?” she said. the majority of the country’s hop produc ed growing an acre of hops outside of ative resources - - event was how cattle had ruined a portion of - and has helped municipalities secretary of the Pennsylvania of Lackawanna De currently engaged with a pilot program as said. agement depart lor’s degree from with project and - 600 Old Country sessing efficiencies for the use of drones for a farmer’s crops. A drone was able to assess tion. Washington alone has about 40,000 Mechanicsburg last year. Their company, Te - partment of Aging. - the total damage, which helped justify the ders recently purchased equipment that through their responsibilities as ment and works - Millersville Uni - 3D modeling of stockpiles, excavations and In fact, demand often outpaced her sup- A profitable boost From left, Sue Miller, Stefanie Angstadt and Alex Jones brought together their collective acres of hops. Mike and Sharon Reifsnyder stand in the hop yard of their West Pennsboro Township called Lion Bines Hop Farm, is expected to account needs to roadway slide areas,” she said in a written insuranceThen claim. there are the spin-off businesses. will allow them to pelletize dried hops local project sponsors on state - PHOTO/MARKELL DELOATCH with various oth - versity. ensure efficien response to questions. ply. Nonetheless, she struggled with the lo- The Collective Creamery is now heading talents to form the Collective Creamery CSA in 2016. PHOTO/SUBMITTED Two Cumberland County hop farmers farm. They began growing the crop in 2017 in a bid to make locally grown hops more produce a partial harvest of hops this year GUEST VIEW - — meaning to grind them into powder and federally funded projects. He HEALTH CARE Ryan Boswell is the Philadelphia-based - er departments. - cy. Most recent - gistics of getting the cheese she was making into its third year. And while it is still just available. and a full harvest next year. FlyingSeveral into new attendees roles at the June 11 event sales manager for PhaseOne Industrial, DRONE are hoping to claim a piece of that market - also serves municipalities’ day- - continued from page and press them into small pellets. Pellet He is a chartered financial- analyst York-based Wagman Construc East Pennsboro Township- ly, he was the - a camera companyto based the inpeople Colorado. who wanted it. a small part of each of the cheesemakers’ Brewing Co. in Douglasville and Covered and inspire other Pennsylvania farmers to to-day traffic consulting needs. PhaseOne cameras can be outfitted on will offer $82.1 billion in economic benefits “You can get subscriptions But Reifsnyder, who retired in 2011 ized hops have a longer shelf life and are charterholder. tion Inc. named Maza based Geisinger Holy Spirit day passes, Pennsylvania seems to be falling said they think state leaders will be sup andcreate 100,000 new jobs in the United Coolidge design manager - - various drones toWhile do a variety around of work forStates80 alone percent by 2025. The association’sAccording goalof theassociation, to dronesthe cheese business, it is an important one. Bridge Farmstand in Oley — and at one consider cultivating the crop for breweries He is a professional engineer and further behind in developing a domestic portive of ideas to expand drone programs encourage tois state leaders support to what many brewers rely on throughout tor of business development for named governments, quarry operatorsthe development and of a drone industryutility – or from the U.S. Navy after 22 years of service, for Artisanal Brewing Ventures. both within state agencies and with com unmanned aircraft systems, they as are for anything today — dog Retirement plans should be piece of M&A puzzle For now, the association isn’t asking - she makesmore formally known is – becausesold other stateswholesale to markets and By eliminating the middleman, the chee- location in the Lehigh Valley — Bonn Place in Pennsylvania. professional traffic operations Maryland. He will Joe Corson of GeisingerDr. Ho Ming Jang companies,already areamong doing so. others, Boswell said. the year. Weidner mercial applications once they understand “It’s a niche thing. Not too many peo took a chance on hops after experiment Manheim Township-based Weidner has a bachelor’s degree the potential.Tasks such as bridge inspections or aerial millionto pay for a 50-mile unmanned air semakers get more of the profit. Brewing Co. in Bethlehem. Other pickup The farm’s hop yard could yield about engineer. expand the firm’s ly Spirit Primary 2018 was a banner year for mergers So, if you’re planning a merger or acqui- restriction before being able to join the includes confirming past operational and Contact: (516) 228-4280 ext. 112 Pennsylvania’s leaders for much – except corridorbetween Syracuse and Rome, the products, beauty products RKL Wealth Management LLC - For example, New York is putting up $30 direc from Penn State. association said. Other states have become ing with grapes and asparagus on his to be aware of what is going on and to offer federal test sites for the drone industry, a member - while others have been joining regional Angstadt said her profit margin is gener- locations are in the Chester County and ple do it,” said Michael Reifsnyder, who - participation in - Care. He will see - and acquisitions. Global M&A activity was sition, consider the retirement plans now buyer’s 401(k) plan, losing out on a full procedural compliance, making sure all surveys that once took weeks to conduct 5,000 or 6,000 pounds of hops this year. named support as ideas develop, several people partnerships to develop initiatives. As each Carlisle-area farm, dubbed GEMS Farm. day passes, Pennsylvania seems to be falling — why not cheese?” oppor tunities adult patients said. One goal is to create a working group can now be done in a day or so, Day said. further behind in developing domestic a ally about 15 percent to 20 percent on the Philadelphia areas. planted 3,400 hop plants on his 15-acre - GEMS expects to pelletize the majority Swatara Township-based Skelly senior wealth William M. Onorato the second highest on record, with deals to avoid a headache later on. year of tax-efficient savings and employer plan documents are up-to-date, and con drone industry, observers said. NONPROFITS within the state aviation caucus – a legis Farmers, utilities and others have seen how 1 He also saw success at nearby hop yard and Loy named Pennsylvania’s leaders for much except– West Pennsboro Township property in strategist. He will and enhance and specialize drones can reduce the costs of projectsto and be aware of what is going on and to offer roughly $150,000 in gross sales she has in a By having a wider client base, the chee- of its hops this year after selling almost totaling $2.72 trillion. Looking ahead, 76 If the transaction is a stock acquisi- contributions. firming general compatibility between the lative group – to develop a roadmap that For now, the association isn’t asking - support as ideas develop, several people — Alex Jones, Collective Creamery CSA Sunny Brae Farms and thought his farm marketing spe Philadelphia-based Pennsyl inspections. They also havesaid. One goalweighed is to create a working the group li 2017. - advise high-net- client relation in geriatric care. would “identify funding opportunities to within the state aviation caucus –a legis year. That makes it a challenge to maintain semakers also are able to offer more variety. all of its harvest last fall to local breweries percent of top executives at U.S. compa- tion – where the buyer takes full owner- The main advantages of termination plans. Examples include reviewing non lative group to– develop aroadmap that go premium vanians for Modern Courts named ability risks and realized they are better off support critical drone infrastructure,” the would “identify funding opportunities to A big reason for the lack of new hop farm could provide complementary varieties of cialist. She will be LeShelle Smith worth families a ships throughout He was a clinical support critical drone infrastructure,” Governments, the however, seem to have a The association isn’t asking for new regu association said in ausing fact sheet. drones. a capital-intensive operation. Anywhere Angstadt and Miller rotate between six But they are on the lookout for more pickup making wet-hopped beers — also known retired nies expect to close more ship of the selling company – the buyer are that employees can be integrated into discrimination testing results from recent association said in a fact sheet. fresh local hops to small breweries. responsible for - Maryland. He has - assistant profes lations, pointing out that drones are regulat ers is difficulty in getting started and com - on multigenera edby the Federal Aviation Administration, Lawrence F. The association isn’t asking for new regu she can improve the profit margin is a boost. varieties of cheese, including Angstadt’s locations along their current route and for He and his wife, Sharon, along with as fresh-hop beers that use hops fresh off deals this year than last, then assumes all of the seller’s liabilities, the buyer’s plan with one benefit structure years, the seller’s fiduciary oversight prac lations, pointing out that drones are regulat orFAA, which controls U.S. airspaces and higher hurdle to overcome when liability graphics coordi 30 years of con sor of medicine Judge alreadyrequires commercial drone opera peting with larger established operations. tional planning, ed by the Federal Aviation Administration, tors to get a license. concernsSeveral are raised, experts Day noted said. the concerns can Profits on the CSA vary from month to Witchgrass, her version of a French Valen- pockets of cheese lovers who may want to the vine. nation, including Stengel - and a majority predict including its retirement plan. The buyer for all; there is only one plan to maintain; tices, administrative operations such as for action on the state level. In October “These local houses are up against com their two teenage daughters, maintain legacy planning, - struction industry experience. He in the division of geriatric- medi or FAA, which controls U.S. airspaces and 2018, Pennsylvania lawmakers passed Act Wet-hop batches of beer can use five Butthat doesn’t mean there is no room member.He a board is 78, which limits the ability of municipali be eased once the options are carefully month, but she said they tend to average at cay cheese, and Miller’s Clipper, an aged get in on their offerings. Corson already requires commercial droneties toopera regulate unmanned aircraft unless the hop yard, which is entering its second preparation of - business succes has a bachelor’s degree- from the cine at the University of PennsylJang these deals will be larger, has three options for how to handle the and the risk of any liability transfer into distributions, payroll and loan processes, authorized by the statute. panies that can reach a better economy tors to Butget athat license. doesn’t mean there is no room weighed. For example, the risks to survey a to 10 times as many hops as pelletized a shareholder ordinances that can interfere with commer the higher end of her overall profits. raw-milk cheese. They also reach out to “We have to be lean and use the resources brochures, charts sion and estate University of Baltimore. vania’s Perelman School of Medi according to a report acquired company’s retirement plan. It the buyer’s existing plan is avoided. The and fulfillment of government reporting cial operators, said David Day, executive utility line traditionally would involve work year of harvest. GEMS currently grows five vice president at Keystone Aerial Surveys Local jurisdictions often move to pass of scale, plus have quality control proce batches. with Manheim basedin Philadelphia. That makes educa ers using ladder trucks to examine high- The current CSA package from the Col- other cheesemakers in other regions, hop- we have,” Jones said. and exhibit ma cine. He has a medical degree tion critical, he added. for action on the state level. In October varieties of hops on 3.25 acres, but the plan planning. He has 25- years of es downside is that the employee accounts requirements. dures and logistics plans that have been Local brewers say they are eager to buy Township-based from Axios. These compa- can either maintain its own plan and the 2018, Pennsylvania lawmakers passed Act ing to include their specialty craft cheeses One secondary benefit to the women’s is to eventually grow to seven acres, plant terials. She will tate planning and wealth strategy EDUCATION from Drexel University College 78, which limits the ability of municipali in place for decades,” said Brandalynn more local ingredients, including hops, ties to regulate unmanned aircraft unless a wider variety of hops and reach more authorizedLocal by jurisdictions the statute. often move to pass Armstrong, co-owner of Zeroday Brewing in Harrisburg. “It makes it harder for the ordinances that can interfere with commer “Expansion is on our radar,” he said. cial operators, said David Day, executive vice president at Keystone Aerial Surveys

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Medic Society and other medical-service advocates, aid [email protected] face 50 percent lower costs and tion andThis innovation ASC tax wouldin health be acare. blow By to tyingcompeti will prove once more that this tax would be patients with commercial insurance plans the invisible hand of the free market in health detrimental to Pennsylvania surgery patients. pay as low as 25 percent the costs of a hospi care with burdensome taxes, we get less ees. Those who are engaged at work will go the extra mile and demonstrate increased able toFirst, afford this state-of-the-art tax would cause equipment. ASCs to be un In addition to saving patients money, these productivity, which shows up in a compa with large amounts of information.Such equipment People allows them to have higher practitioners also save Medicare $2.3 billion cost theAnother state Medicaid tax on these system, ASCs it would may even not only GUEST VIEW • Talk about the rewards – not only for a year on just the 120 most-common proce ny’s profitability, turnover numbers, safety their personal lives, but rewards of the digest details in small chunks,productivity so consider and healthier patients, but under dures that Medicare patients receive, accord incidents and quality. program. What’s in it for them can be a an ongoing campaign to share bits and South and Central Florida. Owners retiring. ing to UC Berkeley. I urge my colleagues in the Pennsylvania Already a Print &House Digital and Senate to vote against this proposal Subscriber? Call to upgrade - NOW! powerful motivator to expand participa Communication is key for an employee pieces of information, or a web page to and I urge Gov. Wolf to visit an ASC like West health and wellness program and for a tion. That participation, in turn, can build view the full information when employees in 2015,UC Pennsylvania Berkeley noted ASCs in a saved recent Medicare study that Shore Endoscopy in Cumberland County to TO THE EDITOR business overall. Looking to a professional a team atmosphere and lead to higher are interested and have time. $32.6 million on cataract procedures, $1.3 learn about the progress that is being made by restriction before being able to join the includes confirming past operational and In 2016, as fate would have it, an old once-a-month pickup of two pounds and in the CSAcommunicator to give customers for ideas more and bestoptions. practices engagement. million on upper GI procedures and $6.9 mil these entrepreneurial physicians and nurses. - If there’s one constant in health direct loans to businesses, with volume rising The investments typically will flow through 2018 was a banner year for mergers So, if you’re planning a merger or acqui- • Have a sense of humor when commu - care, it’s change. UPMC’s invest friend of Angstadt’s, Alex Jones, a prominent four varieties of cheese for four months For example,will help streamline Miller is communications currently work sur - nicating. Loosening up a formal approach lion on cystoscopy procedures. ment in southcentral Pennsylvania from about $10 million to $30 million in the and acquisitions. Global M&A activity was sition, consider the retirement plans now buyer’s 401(k) plan, losing out on a full procedural compliance, making sure all Practice areas: estate, trust, tax, probate, • Consider health and wellness ambas As I meet with physicians and patients in what are known as qualified opportunity funds. my district, such as those at West Shore En organizer of commu- to $280 for a twice- ing withrounding a sheep such farmera program to andblend lead sheepto more sadors. Peer-to-peer communication is can go a long way to creating engagement has brought positive change to past three years. the second highest on record, with deals to avoid a headache later on. year of tax-efficient savings and employer plan documents are up-to-date, and con- were toIf thebe enacted,Wolf administration’s the Pennsylvania tax proposal Am - doscopy, I have been amazed at the benefits Community First has been working to develop engaged, healthier employees. powerful and partnering with passionate with the communication and getting on a hands-on workshop for growing veg our region, including new, highly The nonprofit also has opened new loan offic nity-supported agri- monthly pickup and cow milk together to make a creamy - bulatory Surgery Association, along with a of their innovative approach. totaling $2.72 trillion. Looking ahead, 76 If the transaction is a stock acquisi- contributions. firming general compatibility between the team members to communicate can re - board with the program. , Suzanne Fischer-Huettner such funds, which could work in combination federal allocation, the organization’s eighth. - What can you do? etables or herbs. At GRIT, team memberscoalition of state medical societies, warn that specialized services, thousands of percent of top executives at U.S. compa- tion – where the buyer takes full owner- The main advantages of termination plans. Examples include reviewing non- culture programs in of one-and-a-half Camembert-style cheese. move the paternalistic factor. es in Allentown and Philadelphia where it would • Make it a two-way conversation. Ask in the wellness program are walkingup to 25 miles percent of these centers may need only minorWe all if can it happens relate to to the someone phrase, else.”“Surgery is new providers and leading-edge with other state and federal incentives. The previous seven allocations have helped the Greater Philadel- pounds and three Ultimately, their goal is to turn cheese employees what program components like to add more people to expand lending. Among the most notable of those is the nies expect to close more ship of the selling company – the buyer are that employees can be integrated into discrimination testing results from recent • Connect the dots for employees to the (via a step tracker) to earn a freeto closeairplane – pushing thousands of patients into - technology to treat the most fund 38 developments in the state, including business transactions and disputes, real estate, phia area, had just varieties of cheese lovers into die-hard cheese fans. bigger corporate picture. Participation in they’d like to see. Find out what might mo costly general hospitals and forcing centers to Nobody wants to be told they need surgery “We expect to go deeper into markets we are - deals this year than last, then assumes all of the seller’s liabilities, the buyer’s plan with one benefit structure years, the seller’s fiduciary oversight prac- - ticket to anywhere in the world. The more - and they especially do not want an unpleas advanced diseases.Copyright However, 2019 even by BridgeTower Media. All rights reserved. the Hamilton Health Center in Harrisburg, - wellness programs has the potential to de - tivate them to participate. Ask for ideas on withdraw from Medicaid. ant surgery experience. left a job with a CSA. for four months. “We want to cultivate the cheese culture creative and out-of-the-box the program, positive change canVolume cause 35, confu Number 23. Reproduction or use, without permission, in,” Betancourt said. and a majority predict including its retirement plan. The buyer for all; there is only one plan to maintain; tices, administrative operations such as crease company health benefit costs over communicating the details to staff. - - Lancaster’s Keppel Building and the renova In a typical CSA, CSA packages gen- in this area like it is in Europe. We don’t want when paired with easy ways to participate, sion. I’d like to take a momentof editorial to or graphic content in any manner, including electronic But depth, he said, requires a bigger team. these deals will be larger, has three options for how to handle the and the risk of any liability transfer into distributions, payroll and loan processes, vaniansThanks have beento ASCs, given thousands a convenient of Pennsyl and year — likely mixed-use, commercial and tion of Gettysburg’s Schmucker Hall. all, which in turn could make a difference the more people will want to take part. clarify a question involvingreproduction, health is prohibited. For licensing, reprints, e-prints and a group of farmers erally run from five people to see cheese as a guilty pleasure, but - • Use social channels to help spread quality outpatient experience with positive - community service projects — with a focus on In the meantime, officials are narrowing according to a report acquired company’s retirement plan. It the buyer’s existing plan is avoided. The and fulfillment of government reporting in employees’ premium or out-of-pocket the word. Whether its an internal social plaques, email [email protected]. Authorization to - That starts at the executive level. outcomes and speedy recovery in the comfort insurance plans accepted at UPMC connect with a group to six months. The as a food you eat every day,” Angstadt said. health care costs. • Stay diverse with your communica - photocopy articles for internal corporate or instructional use may In addition to adding new execs, the non those that exceed $5 million. - from Axios. These compa- can either maintain its own plan and the downside is that the employee accounts requirements. and HOA/condo law. Prime opportunity for tool such as Slack or Yammer or a closed tions focus. If there is a large subset of Pinnacle. - down mixed-use and commercial projects of their own homes. A double tax on these be obtained from the Copyright Clearance Center at 978-750-8400. - Developers often have to spend more of consumers who current package is “This is a way to grow the cheese community. group on Facebook or LinkedIn, encour staff who bike to work, that’s great, but if - across the state that could receive the tax nies, and others around seller’s plan separately, terminate the become immediately accessible. So, if not Many companies partner with an out- - centers would not only be devastating to the CENTRAL PENN BUSINESS JOURNAL (ISSN1058-3599) is pub want to buy fresh, shortened since the “People don’t see fine cheese as a neces- premium for the milk,” she said. age employees to share pictures of their - that’s all communications are about, the many hardworking physicians in our com outpatientUPMC clinics Pinnacle continue hospitals to and lished weekly except for the first week of July, the last full week of money to buy and fix up vacant and blighted credits. Part of that selection process could the globe, turn to M&A seller’s plan, or merge the seller’s plan rolled over into an IRA or other retirement side consultant to conduct a thorough healthy choices and/or program partici local produce. They current CSA season sity,” added Jones. “When they go to the gro- Her sources include Spring Creek Farm- in company risks losing support from other monwealth but their patients as well. accept most major insurance November and the last full week of December by BridgeTower Me properties than they can expect to get back include working with Lancaster-based deals- to increase market John into its own plan. plan, employees could squander retire- benefit plan review and help determine - pation. Build a little competition between parts of the employee base. The same goes dia, 1500 Paxton St., Harrisburg, PA 17104-2633. The periodical post Tax credit plan sell shares of their fu- has already begun. cery store they feel they have to get produce Wernersville, an organic dairy farm. For the sake of the health and wellness of plans, including Aetna, Capital Blue - in rental rates once construction is complet Community First Fund, which did not receiveshare and improve their Jeffrey If the buyer decides to maintain both ment assets and face penalty taxes for the best option. When experts are engaged company segments and offer content our commonwealth, I hope my colleagues in age is- paid at Harrisburg, PA and at additional mailing offices. POST After being shut out in the last fund - Florida admitted attorney looking to relocate. ture crop to the con- Customers pick and bread … we want them to think of fine Greg Stricker, a partner in Spring Creek, for any topic: if it’s strictly about one thing, Cross, Highmark and UPMC Health - ed. The New Markets program takes private meant to engage the group – ask ques - Harrisburg listen to our physicians and their MASTER: Electronic ACS Service requested. Send address changes tax credits this year but has its own backlogbusiness models. plans, the newly acquired employees can early distribution. from the start, they can help ensure the the business might lose the interest of its Plan for all services. Changes in the ing round in 2017, Central Pennsylvania will sumers, who then Honey-Bell is a brie-style cheese made by up their orders at cheese like that, not as a luxury.” said he pays special attention to the milktions, he post a quiz or host a ‘meet this goal’ patients and reject this tax. - to: Subscription Services, PO Box 1051, Williamsport PA 17703-9940 equity from investors, usually banks, and of projects. Throughout the M&A either be offered the same benefits they The final option – merging the seller’s transition is smooth and employees have whole audience. relationship between Highmark Central Penn Business Journal cannot be responsible for the challenge. - receive a share of 2018 tax credits under a The two midstate nonprofits have part - pick up weekly or Stefanie Angstadt in her Oley creamery. participating loca- Miller sees the craft cheese industry produces for Angstadt. - State Rep. Greg Rothman (R) represents the 87th turns that money into gap financing to help process, executives are hyper-focused had previously, or a new formula for their and buyer’s plans – requires that both a clear understanding of the benefits with Internal communications centered around and UPMC in the greater return of unsolicited material with or without the inclusion of a new round of funding from a federal program PHOTO/SUBMITTED House District, which is in Cumberland County. developers offset some of the construction monthly boxes of the tions. Most are busi- growing in much the same way the craft beer “I always try to make the highest-quality health and wellness can make or break pro Pittsburgh and Erie areas will not stamped, self-addressed return envelope. Information in this publi nered on tax-credit projects in the past,on company synergies and big-picture employer benefits. Maintaining both plans plans be the same type and have a similar their new employer. - designed to support large urban redevelop All inquiries confidential. farmers’ latest crops, nesses that focus on industry has developed and grown, with milk, but we try to concentrate on making a gram participation. Get together with HR, affect the relationship between cation is gathered from sources considered to be reliable, but the ac costs and keep rents in line with what a local including the redevelopment of the formergoals. As a result, one very important fac- can provide employees continuity of ben- plan design. This option can be efficient An organization’s retirement plan leadership and a few employees to brain curacy and completeness of the information cannot be guaranteed. ment projects: the New Markets Tax Credit. real estate market can support. sharing both the risk and the rewards of the local craft foods and products like farm those in the industry working cooperatively milk that is higher in protein and butter fat UPMC Pinnacle and Highmark. The U.S. Treasury Department last month Bulova building in Lancaster. Commonwealthtor often goes overlooked – the employer’s efits with no impact to the buyer’s retire- and cost-effective – one benefit structure, should be a consideration from the early storm the best ways to get the message out. No information expressed herein constitutes a solicitation for the The investors receive tax credits in return, farmers’ season and giving those farmers a stands or craft brewers, which support “buy instead of competitively to boost the entire to make her cheeses,” Stricker said. - Cornerstone poured $10 million in taxretirement cred plans. There are many details ment plan. However, operating multiple one plan to operate – and it also avoids the stages of an M&A. Though the evaluation • - to careWe for lookall of forward our patients to continuing in awarded $55 million in tax credits to the more reliable source of income. local” efforts. industry by sharing tips and efforts. Stricker said the extra money a cheese- Julie Lando is the owner and president of GRIT which count against their federal income its into the project, while Community First Pennsylvania Housing Finance Agency’s - to consider when acquiring a company. plans can be burdensome and expensive, negatives of plan termination. process can be lengthy, it’s better to an- “My job was to buy products from dozens Having a variety of pickup locations in “It’s the whole ‘a rising tide raises all maker like Angstadt is willing to pay repre- Marketing Group, a marketing and communica 2019 and beyond. To learn more taxes. added another $8 million. about full, in-network access to Commonwealth Cornerstone Group, based in Investors can receive credits totaling 39 Folmer said project announcementsUnderstanding could the seller’s retirement plan and nondiscrimination testing is needed if The risk associated with merging are the ticipate issues that could arise, instead of the region helps the Collective’s members ships’ kind of thing,” she said. “We all benefit sents a needed boost for small farms like his. tions firm with offices in York and Lancaster. - of local farmers,” Jones said. UPMC doctors and hospitals, call and how it will fit within the current ben- employees are receiving different benefit unknown factors of the seller’s plan. Has it realizing them in the midst of the merger • Harrisburg. percent of their investment. They can use the come this fall. She was looking to take her CSA skills spread their cheese sales farther than they from a stronger cheese industry.” “It’s a huge benefit to us when a local our toll-free help line at 1-833- - Commonwealth Cornerstone’s executive - credits over seven years as such: 5 percent efit structure is vital to success. packages. always operated in compliance with all the when it might be too late. and use them in a new way. She thought of could on their own. Jones said the trio is focused on being a business like that uses our product,” he said. 879-5013 or visit UPMC.com/ - director Charlotte Folmer said the funding per year for the first three years and 6 per If retirement plans are not considered If the buyer is going to terminate the complex rules associated with retirement • Angstadt and another cheesemaker she had Subscriptions can be picked up in two regional leader in the craft cheese industry. “It’s essential to find someone making a Choice2019. will help the nonprofit tackle a hefty pipeline- cent for the next four years. upfront, executives may learn that the ac- seller’s plan, this decision should be made plans? If not, the buyer’s plan would be at John Jeffrey is a consulting actuary, specializing Ed Alexander, attorney, 407-649-7777 met in her old job: Sue Miller of Birchrun Berks County locations — Hidden River They aren’t planning any major expansion. higher-end product to compete.” < of projects seeking funding. Folmer said it will be several weeks until quired company has an underfunded pen- and the process initiated before the com- risk. in retirement plan consulting and post-employ- - www.libn.com “We have over 40 projects requesting Philip W. Guarneschelli, The Central Penn Business Journal will cor Commonwealth Cornerstone receives its sion plan – which can be a deal breaker panies merge. If the acquired company’s Before deciding how to handle the sell- ment health care benefits, for Conrad Siegel, President and CEO rect or clarify mistakes made in the publica over $700 million,” she said, noting that the – or that the seller’s 401(k) plan does not 401(k) is terminated after the transaction, er’s retirement plan, the buyer will need which is based in Susquehanna Township, tion. If you have a question, please call the UPMC Pinnacle requests come from across the common meet compliance standards. the seller’s employees will face a one-year to perform exhaustive due diligence. This Dauphin County. or [email protected]. wealth. Folmer said she hopes the tax credits will be able to support about seven projects this