Queenswww.qcba.org Bar Bulletin

Queens County Bar Association / 90-35 One Hundred Forty Eighth Street, Jamaica, NY 11435 / (718) 291-4500 Vol. 73 / No. 5 / February 2010 Estates Criminal Law Cases Update - 2009

BY: ILENE J. REICHMAN, ESQ. determined that the evidence against him was of “doubtful BY DAVID N. ADLER quality” because the witnesses were drug addicts with pend- Over the past year, the New York Court of Appeals ing cases who were afraid to assist in the investigation due The year in Trusts and addressed a wide array of issues in the area of criminal law to Decker’s reputation for intimidating and threatening wit- Estates is highlighted by a and procedure. This article will review and highlight sev- nesses. new Power of Attorney eral cases that will likely be of interest to criminal practi- In 2002, the police reopened the case and attempted to Law, an anticipated freeze tioners. obtain additional evidence through the use of modern sci- of estate tax levels, and the In People v. Riley Williams, 12 N.Y.3d 726 (decided entific techniques including DNA testing. Although no fur- designation of the Queens February 13, 2009), the Court reviewed the trial judge’s rul- ther forensic evidence was obtained through those tests, the County Surrogate’s Court ing pursuant to People v. Sandoval, 34 N.Y.2d 371 (1974) prosecution decided to charge Decker after determining that as a pilot program for elec- which permitted the prosecutor to question the defendant the witnesses had overcome their drug addictions and were tronic filing. David N. Adler about one prior felony conviction and 45 prior misde- now willing to testify. The defense moved to dismiss the meanor convictions in the event he elected to testify on his indictment based on the lengthy pre-indictment delay. The POWER OF ATTORNEY own behalf. While the Court noted that “the trial court trial court denied the motion, finding that the delay did not A new Power of Attorney Law went into effect might have been more discriminating” in its ruling, it deny Decker his right to due process of law. In upholding on September 1, 2009 (General Obligations Law upheld the defendant’s conviction on the basis that the rul- the conviction, the Court of Appeals found that under the Section 5-1501). Any and all Powers of Attorney ing fell within the trial court’s broad discretion. Of course, leading case, People v. Taranovich, 37 N.Y.2d 442 (1975), executed prior to that date shall remain valid. the Court left unanswered the question of how many prior the 15-year delay in commencing the prosecution, while Any Powers of Attorney executed after that date convictions it would take before it determined that the trial substantial, caused no serious prejudice to Decker. must conform to the new law. For a detailed his- court had abused its discretion in permitting impeachment Moreover, since there was no indication that the prosecu- tory and analysis of the law, kindly refer to the of a defendant who testifies on his own behalf. tion had acted in bad faith, and since the jury was made article entitled “Guardian and Elder Law: New In People v. Scott Weaver, 12 N.Y.3d 433 (decided May aware of the witnesses’ past conduct and were subject to Power of Attorney”, by John Dietz, as contained 12, 2009), the Court decided that the use of a GPS (global cross-examination regarding their history of drug use, there in the May, 2009 issue of the Queens Bar positioning system) by the police without first obtaining a was no violation of the defendant’s due process right to a Bulletin. This update shall attempt to briefly warrant violated constitutional protections provided under prompt prosecution. reflect the major amendments contained in the the New York State Constitution against unreasonable In People v. Victor Gomez, 13 N.Y.3d 6 (decided June 30, new legislation, as represented on the power searches and seizures. In Weaver, the police surreptitious- 2009), the Court clarified the rules pertaining to inventory itself. ly placed a GPS tracking device inside the bumper of the searches of vehicles by the police. In Gomez, the police The overall subjects upon which authority may defendant’s van. For the next 65 days, the position of the observed the defendant driving his car in an erratic manner. be granted to act are similar, and the mode of des- vehicle was continuously monitored. Eventually, the defen- After pulling the defendant over, the officers discovered that ignation of an attorney in fact is similar. Yet, 3 dant was charged with two separate commercial burglaries: his driver’s license was suspended. The defendant was major changes clearly differentiate the new form. the first occurring at a meat market; the second occurring at arrested and his car impounded. Officers then searched the Firstly, the agent is also required to execute the a K-Mart. At trial, the prosecution introduced evidence car’s interior but found nothing. When the officers searched document. There further exists language specifi- obtained from the GPS device that the defendant’s van had the trunk, they discovered a paper bag containing cocaine, a cally directed at the agent explaining the special traversed the K-Mart parking lot at the rate of six miles per plastic bag with white residue, an electric scale and a small nature of the principal/agent relationship. This hour on the evening that store was burglarized. The jury manila envelope containing red pills. While driving the reflects a tangible attempt to alert the agent to his acquitted the defendant of the burglary of the meat market defendant’s car to the police station, an officer then discov- fiduciary obligation on behalf of the principal. but convicted him of the burglary of the K-Mart. ered 45 plastic bags in the driver’s side door panel. Secondly, the principal may designate a “mon- In a 4-3 decision authored by Chief Judge Lippman, the In upholding the Appellate Division’s decision reversing itor”, to oversee and review any and all transac- Court acknowledged that a citizen’s expectation of privacy the defendant’s conviction and suppressing the evidence tions performed by the agent. This provides a was diminished when operating a car on a public thorough- seized, the Court of Appeals held that the People had failed built in system of accountability on the operation fare. Nevertheless, the Court held that the massive and to meet their burden of establishing a valid inventory of any Power of Attorney. Third parties are also apparently limitless invasion of privacy entailed by the pro- search. While recognizing that the NYPD has a standard- directed to respect the monitor status with respect longed use of a GPS device was inconsistent with even the ized, written protocol governing inventory searches in its to furnishing records. slightest reasonable expectation of privacy and that in the Patrol Guide, the Court found that the People offered no Finally, the issue of gifting and executing other absence of a warrant, the use of such a device by the police evidence at the suppression hearing to establish that the intervivos transfers is specifically addressed. In constituted an illegal search, and ordered suppression of the police officers conducted their search in accordance with the event that a principal wishes to grant his agent evidence obtained from the GPS device. the protocol, or that they possessed justification to open and the authority to make gifts or transfers of any In People v. Wayne Decker, 13 N.Y.3d 12 (decided June search the trunk of the car in question. In addition, the nature, he must both note and clarify that on the 9, 2009), the Court considered a motion to dismiss a second Court found that the police officer failed to prepare a mean- basic Power of Attorney form (Section h), and on degree murder charge on the grounds that the prosecution ingful inventory of the contents of the defendant’s car since a separate Statutory Major Gifts Rider. This rider had violated the defendant’s right to due process by reason the officer failed to record the presence of any items in the incorporates all manner of gifting and transfers to of a 15-year pre-indictment delay in commencing the pros- car, other than the items of contraband that were seized. be elected by the principal, to wit: authority to ecution. In this case, the victim was found beaten to death In People v. Quentin Abney and a companion case, gift to relatives amounts up to the annual gift tax in her apartment in December, 1987. Decker was the only ______Continued On Page 12 exclusion amount; authority to gift or transfer any suspect at the time. However, at that time, the prosecution amount to any individuals as may be specifically ______Continued On Page 6

INSIDE THIS ISSUE Criminal Law Cases...... 1 Corrections ...... 5 Estates Update ...... 1 Restaurant Review ...... 6 President’s Message ...... 3 Speaker’s Bureau Report ...... 6 Saturday Morning ...... 3 Photo Corner: Holiday Party ...... 7 Profile of Hon. Leslie Purificacion...... 4 Marital Quiz...... 8 Holiday Party a Culture Corner ...... 9 Huge Success ...... 5 Scholarship Fund Request ...... 10 Of Interest ...... 5 Books at the Bar...... 11 2 THE QUEENS BAR BULLETIN – FEBRUARY 2010

THE DOCKET . . . EDITOR’S MESSAGE being the official notice of the meetings and programs listed below, which, unless otherwise noted, will be held at the Bar Association Building, 90-35 148th St., Jamaica, New York. More information and any changes will be made available to members via written notice and brochures. Questions? Please call (718) 291-4500. My thanks to Ilene Reichman and David Adler for their updates in the areas of Criminal and Estates Law. PLEASE NOTE: In this month’s paper there is a new column by Mark Weliky The Queens Bar Association has been certified by the NYS Continuing Legal Education Board as an Accredited in which he reviews a local restaurant. Legal Education Provider in the State of New York. Any member who cares to review a favorite local restaurant, Leslie S. Nizin please send your reviews to my attention. 2010 SPRING CLE Seminar & Event Listing On February 4, 2010, the Mayor’s Office let a Request for February 2010 Proposal that could affect many of our members that are on the 18B Assigned Counsel Wednesday, February 10 Evidence Seminar 6:00 - 8:00 p.m. Panel. The new plan would, in effect, diminish the present need for assigned counsel. Friday, February 12 Lincoln’s Birthday, Office Closed The Bar Association will be meeting with members to update them into what options Monday, February 15 President’s Day, Office Closed are available to prevent the devastating impact on our members. Monday, February 22 Stated Meeting To each of you and your loved ones a Happy Valentine’s Day. Tuesday, February 23 Small Claims Arbitrator Training

March 2010 Tuesday, March 2 QVLP Foreclosure Conference Pro Bono Training Wednesday, March 3 Ethics & Real Estate Practice 1:00 - 2:00 p.m. Thursday, March 4 Labor Seminar Wednesday, March 10 NYSBA Volunteer Training 10:00 - 4:00 p.m. Tuesday, March 16 MHL Article 81/Guardianship Training 2:30 - 5:30 p.m. Thursday, March 18 No Fault Update Monday, March 22 Past Presidents & Golden Jubilarians Night 5:30 - 8:30 p.m. 2009-2010

April 2010 Friday, April 2 Good Friday, Office Closed Officers and Board of Managers Wednesday, April 7 CPLR & Evidence Update of the Thursday, April 15 Insurance Seminar Monday, April 19 Judiciary Night Tuesday, April 20 Basic Criminal Law – Pt 1 Queens County Bar Association Wednesday, April 21 Equitable Distribution Update 6:00 - 8:00 p.m. Tuesday, April 27 Basic Criminal Law – Pt 2 Thursday, April 29 Selection of a Jury Seminar President - Guy R. Vitacco, Jr.

May 2010 President-Elect - Chanwoo Lee Thursday, May 6 Annual Dinner & Installation of Officers Terrace on the Park 6:00 - 10:00 p.m. Vice President - Richard Michael Gutierrez Monday, May 31 Memorial Day, Office Closed Secretary - Joseph F. DeFelice CLE Dates to be Announced Treasurer - Joseph John Risi, Jr. Elder Law Surrogate’s Court, Estates & Trusts Juvenile Justice Law Taxation Law Class of 2010 Class of 2011 Class of 2012 Gregory J. Brown David L. Cohen Jennifer M. Gilroy Joseph Carola, III Paul E. Kerson Richard Harris Lazarus NEW MEMBERS John Robert Dietz Zenith T. Taylor Gary Francis Miret Mona Haas Timothy B. Rountree Steven S. Orlow Jessica Ann Almeida Damon John Hemmerdinger Gregory J. Newman Clifford M. Welden James R. Pieret Richard Anthony Celestin Julie M. Milner Seerante Dhanraj Shawn Anthony Turck Toria Lynn Dixon Barry M. Weiss Arthur N. Terranova . . . Executive Director QUEENS BAR BULLETIN EDITOR - LESLIE S. NIZIN advertise Associate Editors - Paul E. Kerson and Michael Goldsmith

to 27000 Publisher: Send letters and editorial copy to: Long Islander Newspapers, LLC. Queens Bar Bulletin, 90-35 148th Street, under the auspices of Jamaica, New York 11435 lawyers Queens County Bar Association. Editor’s Note: Articles appearing in the Queens Bar Bulletin is published Queens Bar Bulletin represent the views of in Queens, Kings, New York, Nassau monthly from October to May. the respective authors and do not necessarily All rights reserved. carry the endorsement of the Association, Material in this publication may the Board of Managers, or the Editorial Board & Suffolk Counties not be stored or reproduced in of the Queens Bar Bulletin.

any form without permission. “Queens Bar Bulletin” ©2009 (USPS Number: 0048-6302) is published monthly except June, July, August and September by Long Islander Newspapers, LLC., 149 Main Street, The Queens County Bar Huntington, NY 11743, under the auspices of the Association, Advertising Offices, Queens County Bar Association. Entered as periodical postage paid at the Post Office at Jamaica, New York Long Islander Newspapers, and additional mailing offices under the Act of 149 Main Street, Huntington, Congress. Postmaster send address changes to the 866-867-9121 Queens County Bar Association, 90-35 148th Street, New York (631) 427-7000 Jamaica, NY 11435. THE QUEENS BAR BULLETIN – FEBRUARY 2010 3

PRESIDENT’S MESSAGE

As you may be aware, with the recent enactment of authorized in three locations as follows: electronic filing will be exempt. Chapter 416 of the laws of 2009, important changes were • In New York County for commercial cases where the The Court also may exempt an put into place for electronic filing in State Courts. Federal amount in controversy is more than $100,000.00; attorney upon a showing of good Courts have had mandatory e-filing for some time, but • In Westchester County for tort cases; and cause. now they are coming to the State Courts. • In a County outside of New York City for all civil cases The Board of Managers of the The Queens County Bar Association recently received in Supreme Court except Matrimonial, Article 81 Queens County Bar Association a memo from Ann Pfau, Chief Administrative Judge, Mental Hygiene, Article 78 and Election Law cases. is in the process of reviewing this State of New York Unified Court System. She informs us The legislation provides for an opt-out provision with pilot program. However, it looks that the new legislation allows for the establishment of a regard to mandatory e-filing. An attorney who certifies, like the future is here and all pilot program for mandatory e-filing in certain Supreme in good faith, that he or she lacks the hardware, electron- members should be ready. Court cases. The pilot program for mandatory e-filing is ic connection or knowledge necessary to participate in GUY R. VITACCO, JR. Guy R. Vitacco, Jr. Saturday Morning BY STEPHEN J. SINGER great, but at least he was prac- Cromartie if he was to make ed, produced a response from a Detective ticing law … so to speak. If sense of the affair. Alex Jolson. The detective would say little James Fitzpatrick Fenton worked in his nothing else, it sounded better Cromartie was waiting just except that they would like to interview father’s law office. His Dad had first when charming a new date, outside the front door to the Alex or whoever was driving a dark green opened up his practice in Woodside many than saying he worked for the law office, apparently none too MGB bearing New York license 4783 JRL years earlier, but when the neighborhood Police Department. pleased to have contact with on Tuesday evening last. Inasmuch as the began to change from being a commuting It was the early 70’s and anything that had the word car was registered to Alex, they presumed locale for cops, firemen and sanitation lawyers like the Fentons still “law” in its title. His father that he was the driver. Apparently, a young workers to a home for the new wave of came in on Saturdays for half excused himself for a moment woman had registered a complaint about a immigrants who settled in Queens County, a day and stayed into the early and went outside to drag the sexual incident involving the operator of he moved on to Metropolitan Avenue in evenings during the week to younger man in. Alex was bet- that car who had given her a drive to her Forest Hills. There were folks there he accommodate to the schedules ter dressed than his parent, not neighborhood from Kennedy Airport. could “relate” to and frankly, who were of their working class clien- Stephen J. Singer bad looking and sprouted a James asked for the description of the more likely to seek out an old Irishman tele. The older Fenton had a thick moustache over his upper alleged “perp” (to make himself sound like himself as their attorney than were any heavy cigar habit and James’ first job upon lip that seemed out of place for a younger more experienced), which the detective of the new minorities who tended to stick entering the office on Saturday morning man of that era. James decided that the refused to provide. They mutually agreed to lawyers who spoke their language. It was to open the windows, even on the man had acquired the “stash” to take atten- that Alex or the operator of that car on the was a cultural and comfort level thing for coldest days, just to usher the stale tobac- tion away from his seriously receding hair- time and date in question would appear at both Fenton and the newcomers. co smells on their way outside. He would line. their offices at four o’clock that afternoon James attended St. Johns as an under- sometimes play with a cigar himself, when Alex related that he was at Kennedy for a lineup. graduate, and managed to pull good they were handed out at the end of a wed- Airport a few nights ago, driving his James was excited, nervous and virtually enough grade point averages to be accept- ding or when his Dad forced one on him at restored MGB sports car … James stored intoxicated at the opportunity. He related ed in New York Law School. The only Thanksgiving or Christmas dinner, but he away the fact that such an automobile the entire conversation to both the question was whether that was a bigger never liked the resulting havoc with his would be particularly memorable … when Cromarties who agreed upon a retainer of surprise to him or his parents, who were breath, hair and clothing that naturally he saw an attractive, blonde stewardess one thousand dollars so that James would not too certain that he would amount to occurred. His father insisted that even on who looked as though someone had for- attend the lineup and protect Alex from much in the long run. James graduated in Saturdays, James at least put on a shirt, tie gotten to pick her up at the arrival gate. being interviewed about the incident. The the lower half of his class which dictated and blazer, just in case a client might drop Being a “good soul,” Alex volunteered to elder Cromartie returned an hour later with that many of the higher level employment in unannounced. With that attire plus his give her a lift back to Kew Gardens, where the cash and they arranged to meet in front opportunities were well out of his reach. penny loafers (he could not break the many of the airlines people lived at that of the 112th precinct at 3:30 that afternoon. He applied for and obtained a position as schoolboy loafer thing) and chinos, he time. “One thing led to another,” “She James was thrilled and quite happy with an attorney with the New York City Police looked as though he was cutting classes at gave me the go-ahead sign and we began himself for having arranged everything Department. The Department was none the local Catholic high school. to make out,” according to Alex. James without any input from his father. When the too clear in their concept of what that posi- James sorted the mail, made certain that was not too pleased with the “one thing led senior Fenton arrived at ten o’clock, learned tion called for and he was relegated to pro- the Law Journals were all neatly stacked to another” retelling, the same being a bit what had been arranged and received the viding advice to police officers on issues and dawdled over his roll and coffee while vague and perhaps purposefully so. He cash retainer, there was little to be said or of “probable cause” and to settling juris- awaiting his father’s arrival at ten o’clock. claimed that she volunteered oral sex, done. He was pleased, of course, but more dictional disputes between precincts. Not This was the new luxury that Fenton which he happily accepted, dropped her than a bit nervous as to whether his son was terribly glamorous or exciting and offering Senior provided himself now that he had a off where she asked, somewhere on Austin capable of dealing with senior police detec- extremely limited opportunities to expand Junior to open up for him. It was just a tad Street, “and that was that.” tives in a matter of this magnitude. A seri- his legal expertise, James was less than shy of 9:30 when the disheveled man “So what was the problem?” asked ous sex felony could carry heavy upstate thrilled with his position. After just two knocked on the front door. Taken aback by James. “If everything was consensual and jail time if handled badly. He felt powerless years at that job he had enough and quit to the man’s physical appearance, James hes- both parties were pleased with the out- to interfere however, given what his son enter his father’s general practice in itated for a moment, but then decided to let come, why were the police requesting an had put together and seeing the young Queens. the fellow in, on the theory that anyone interview?” “After all”, as James hastened man’s excitement about the case. He gave Having literally never been inside a could be a new client. It was clear that this to add, “The police don’t issue such invites him some pointers, offered to stay by the courtroom, not counting his one exposure middle aged man was a laborer, based merely to make new friends.” telephone in case James needed some assis- to that venue to answer a summons for upon his rough dress and the nature of his Alex had no idea what the difficulty tance and wished him well. smoking weed in Forest Park, never hav- hands … dirty nails and calloused fingers. could be. The elder Cromartie, perhaps At 3:30, James had already been waiting ing drafted any legal documents to initiate He appeared to be in his late fifties, but of being a bit more forthright than his son, outside of the precinct for fifteen minutes. or respond to a law suit, and having no course, inasmuch as James was only twen- conceded that the police were likely fol- If truth be told, he was both excited and experience in commercial, real estate or ty nine himself, everyone over thirty five lowing up on a complaint from the young nervous, never having attended a lineup or family law, he was of limited value to any- or so appeared to be middle aged to him. stewardess and that this could spell serious even having seen one. He was quite certain one other than his own father, who was The man had no foreign accent of any kind trouble for his son. “Could the young that he could figure it all out and pushed simply proud to display him to anybody and spoke decent enough English to quali- lawyer call the detectives and find out aside any and all doubts that nagged at his who went through their storefront office. fy him as a potential Fenton client, but what they wanted?” conscience. When Alex and his father He was a trophy son, as James often put it first, James had to calm the fellow down Normally, James would have waited for arrived, James was shocked by the to his closest friends, but he was not too so that he could even have the possibility his father to arrive and have him handle the younger man’s appearance. His clothing proud to accept his paycheck or ambitious of making sense of his narrative. situation, especially to quote the legal fee. was the same as he had worn earlier in the enough to strike out on his own. Likely as It seems that Mr. Cromartie’s son, Alex, However, this seemed to be an opportunity day, although it was doubtful that made not, he was handed all of the scut work in had been contacted by the police who not to be passed up. James thought himself any difference since the incident had the office, since he was ill prepared for wanted him to come down to the precinct equal to any legal task, although his per- occurred inside of a very small sports car anything else … serving and filing legal in Forest Hills “to speak about a matter”. It sonal learning and experience might argue in the dark. The remarkable change was papers, copying documents, going to the probably had to do with Alex picking up a against that. Perhaps it was hubris, perhaps that Alex was now clean shaven. The bank with deposits and sometimes, if his Stewardess at Kennedy Airport a few days it was just youthful enthusiasm, but James brushy moustache which was probably Dad was tied up in a serious matter, he was ago, according to the excited father, but he determined to jump in with both feet. one of the most tell tale features of his permitted to take the initial interview with couldn’t be certain. James explained that A call to the 112 precinct and the sex ______a new client of questionable worth. Not he really needed to speak to the younger squad detectives, to whom he was direct- Continued On Page 12 4 THE QUEENS BAR BULLETIN – FEBRUARY 2010 Judge Leslie John The New York Center for Neuropsychology Purificacion: A Profile BY STEPHANIE GOLDSTONE of Queens County. His & Forensic Behavioral Science responsibilities in that posi- Judge Purificación was tion included presiding over elected to sit as a Queens kinship trials. Together with County Civil Court Judge the Surrogate he wrote The Dr. N.G. Berrill, Director in 2007. In April 2009, he Compromise Proceeding in was asked to sit for a term Queens County Surrogate's in the Commercial Court in the publication Bill Landlord/Tenant Part. As of Particulars, in the Spring the time approached for of 2004. He has also been a Judge Purificación to CLE speaker for the Queens [ Over 20 Years \ change parts, he offered to County Bar Association’s stay full-time. He thor- Surrogate’s Court, Estates oughly enjoys presiding & Trusts Committee. there. Judge Purificación cer- Judge Purificación grad- tainly acquired ample expe- Providing Consultation to Attorneys uated from the challenging Judge Leslie John rience before ascending to and prestigious Amherst Purificacion the bench. He now has a & the Courts on Psycho-legal Matters College in 1976, where he corner office in the Queens founded La Causa, its first Latino student County Civil Court building on Sutphin organization and is a founding member of Boulevard. During our visit beautiful the Amherst College Latino Alumni classical music was playing, streaming • Criminal Cases: Competency Issues, Criminal Association. He was also a student mem- from "Pandora's Box" on the internet. ber of the College’s Admissions Prior to his work as a lawyer, Judge Responsibility, Extreme Emotional Disturbance, Risk Committee. Judge Purificación graduated Purificacióon made substantial accom- from New York Law School in 1991, plishments working in the field of pub- Assessment, Sex Offender Workups & Dispositional where he was a Patricia Roberts Harris lishing. He loves to read and write. That Fellow, and is a past president of the love has served him well in the world of Planning Latino Law Students Association and was courtrooms, and continues to do so. a member of the Asian American Law Judge Purificación's work in publishing Students Association. began right after college, as an editor at Judge Purificación's work at Civil Court Scholastic, Inc., where his job was to • Matrimonial & Family Court Cases: involves calendar calls each morning and acquire and edit high interest/easy read- trials most afternoons. Because of the ing books, and to author teaching materi- Custody/Visitation, Neglect/Abuse, Termination, downturn in the economy, there has been als. Judge Purificación wrote his own an increase in the number of local busi- book for children, entitled Karate Ace, Delinquency, Family Violence, & Adoptions nesses that are failing. Landlords have that was published during his junior year mortgages to pay and real estate taxes in college. He has also written over twen- continue to rise. A major challenge has ty short stories and plays since then. been keeping viable businesses open Judge Purificación's later publishing • Civil Cases: Competency Issues, Head Trauma, while insuring landlords of an income experience at Hayden Book Company and flow to meet their obligations. Judge Simon & Schuster showcased his well- Sexual Harassment, Discrimination, Immigration, Purificación notes that the lawyers who honed skills developing and editing fic- come before him in the Commercial tion and non-fiction books. & Post-Traumatic Stress Disorders Landlord/Tenant Part are knowledgeable As to life outside the Courthouse, Judge and courteous. Purificación has been married since 1978. Judge Purificación is extremely affable He and his wife have two grown sons. and well spoken. He has a long history in Judge Purificación's wife is an elementary the legal profession. He taught legal stud- public school teacher working with Deaf ies at Mercy College while in private and Hard of Hearing children. To quote practice. He's worked in a number of dif- Judge Purificación, "My wife works Comprehensive Diagnostic & ferent areas of the law, including person- tremendously hard and is extremely dedi- al injury, matrimonial, criminal, real cated to her students. As difficult as my Treatment Services estate and employment matters. He is a job may be at times, her work is equally, former staff attorney of the Office of the if not more challenging.” Their eldest son Appellate Defender, where he represented is a recent graduate of SUNY Albany and indigent defendants in criminal appeals in their youngest is currently enrolled in a state court and collateral proceedings in culinary arts college. state and federal courts. Judge Purificación has been a resident Judge Purificación was an associate at of Queens County for most of his adult the firm of Medina & O'Brien, P.C., and life. He is of Puerto Rican and Filipino then returned as a partner after his work descent, and is the first elected judge of 26 Court Street, Suite 912, Brooklyn, NY 11242 in the Office of the Appellate Defender. Filipino ancestry in the County of 718-237-2127 Judge Purificación worked for a num- Queens. ber of judges before becoming a judge Judge Purificación's hobbies include himself. He was an intern to the photography and woodworking. Before Honorable Nicholas Tsoucalas, US Court the days of digital photographs, Judge & of International Trade, and an intern to Purificación did his own darkroom work. the Honorable William J. Davis, Justice He also recently began playing the flute of the Supreme Court, New York County, again. 45 North Station Plaza, Suite 404, Great Neck, NY 11021 Civil Division. As our interview came to an end and 516-504-0018 Judge Purificación also was the princi- the Judge walked me to the elevator at pal law clerk to the Honorable Luther V. around 5 P.M., he commented to me that Dye, Justice of the Supreme Court, the day was not over. Judges in Civil Queens County, and after that, principal Court have crushing caseloads, and law clerk to the Honorable Simeon Golar, preparation and writing are often done Justice of the Supreme Court, Queens after the courthouse closes. County. It has been an honor to interview the Judge Purificación's last stop before very affable and accomplished Judge WWW.NYFORENSIC.COM ascending to the bench himself was work- Purificación. We wish him continued ing as principal law clerk to the health and satisfaction in all of his Honorable Robert L. Nahman, Surrogate endeavors. THE QUEENS BAR BULLETIN – FEBRUARY 2010 5 Holiday Party A Huge Success!!! At first, it was a little difficult locating associations brought together ed to a plethora of different tunately failed to attend this party missed the catering hall in Floral Park because I many newcomers who we had and well prepared dishes. a golden opportunity. I can say, without didn’t realize that the addresses were never met previously. That From the carved roast pork, fear of contradiction, that as far as I am renumbered when you cross the Nassau alone made the party more fun the falling off the bone ribs, concerned that was truly the best holiday County border. Once I did find the corner (some younger and more the super veal dishes, cala- party we have ever thrown. All of the at 250 Jericho Turnpike (the Floral enthusiastic blood) and pro- mari, Caesar salad, cold folks at our table felt the same. The next Terrace) everything went perfectly from vided an opportunity to forge antipasto and the many veg- day, as I went through the courthouse in that moment on. The place was well new relationships and pro- etable sides, most folks left the Kew Gardens, all I heard were accolades appointed, well lighted, fully staffed with mote networking (one of the buffet line with plates piled along the same line. The general senti- hospitable personnel, even to the point of intended byproducts of all bar high. I heard no complaints ment was that we should book the same offering peach champagne in fluted glass- association functions). The about the variety or quantity of place, the same band and with some very es when you walked in the door after leav- band was excellent, choosing the fixings. The catering hall minor tweaking, keep everything the same ing your car with the valets. The room set music that garnered a full Stephen J. Singer staff was anxious to refill for next year. If I were you, not only aside for us on the third floor was just right dance floor from almost the drinks, clear off plates, bring would I be planning on putting this down for our purposes and the size of our party. beginning of the evening. It must be noted more ice cold water or anything else that in my diary as a “must attend,” I would Thanks to the two primary organizers, that Diana and her incredible dancing might be desired, all with a smile. bring friends and book early, because I George Nicholas and Diana Gianturco, as skills was an additional catalyst which Perhaps the hallmark of the tremendous have the strong suspicion that next year well as our own extraordinary staff (Arthur brought many of us wallflowers up to the success of that evening was that around may be a sell out! and his women) we hit an attendance high dance stage. ten o’clock, when my wife and I decided As a final word, thanks again to George, of over 240 people. Just for comparison, in Most of the attendees hopped on the to head home following a really long day, Diane, Arthur and our staff, as well as the years past the average attendance was in pass-around appetizers without restraint the dance floor was still full and there co-sponsoring bar associations for a job the 130 – 150 range. and they just kept on coming; both the were well over a hundred people remain- well done. Happy holidays to all and I One of the really nice things about this hors d’oeuvres and the grasping attendees. ing on the premises. I can recall many hol- can’t wait to do this again next year. event was that George and Diana and all Almost as soon as the tastings stopped the iday events in the past when everyone had of the participating co-sponsoring bar buffet line was opened and we were treat- departed before nine. Anyone who unfor- STEPHEN J. SINGER

Of Interest Corrections Justice Daniel Lewis has been reelected to the Supreme Court. Congratulations on your reelection. Our apologies go out to the members below. Their Civil Court Judges Diccia T. Piñeda-Kirwan and Thomas D. Raffaele have been names were misspelled in the 2010 Directory. elected to Supreme Court. Congratulations on your election. Richard Latin and Jodi Orlow Mackoff have been elected to Civil Court. Congratulations on your election. Patrick A. Griffiths *If anyone has something of interest to our members, please call Les Nizin, 718-263-2411 or Janice, 718-291-4500, to pass on the information. Christine Julien

EMPLOYMENT & LABOR LAW

STEPHEN D. HANS & ASSOCIATES P.C. Counsel to the Profession

❏ Sexual Harassment ❏ Union Representation ❏ Americans with Disabilities Act ❏ Title VII - Discrimination ❏ Education Law ❏ Pension Issues ❏ Arbitrations Counsel to the Profession - over three decades Chairperson - Labor Relations Committee - Queens County Bar. Association of the Bar - Employment Law Panel Member.

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Call today 1-866-462-9633 or visit: www.LouisLombardiLaw.com 6 THE QUEENS BAR BULLETIN – FEBRUARY 2010 Fantastic Cajun Cuisine in Queens? Garonteed! BY MARK WELIKY* as Chicken and Andouille Gumbo, Tasso and Shrimp Sunday serving dinner from 5 p.m. and is closed Monday Ravioli or Cajun Shrimp Remoulade. Cajun entrees are and Tuesday except for private parties. Highly recom- Want Cajun cooking at its best? Come to Cooking With highlighted by Blackened Fish or Steak, Chicken mended, you won’t be disappointed! Jazz in Jamaica Estates. Lovers of Cajun and Creole cook- Jambalaya, Red Beans and Rice or Chicken Etouffe. There Cooking With Jazz is located at 179-22 Union ing were devastated when this restaurant’s Whitestone loca- is also a “Not So Cajun” menu featuring pastas, steak, sal- Turnpike, Jamaica Estates, NY 11366 tion closed a couple of years ago because of a lease dispute. ads and burgers. If you could possibly have room left for Phone (718) 380-0896 www.COOKINGWITHJAZZ Chef/owner Steve VanGelder searched for a new venue in dessert your choices include Bread Pudding, Pecan Pie and .com Queens and reopened his restaurant in December in a love- a New Orleans favorite, Bananas Foster. ly location on Union Turnpike, most recently occupied by The outstanding cuisine is accompanied by live jazz two *Mark Weliky is the Pro Bono Coordinator for the Vino which served Italian cuisine. Chef Steve’s fans are nights a week (usually Thursday and Sunday). It doesn’t Queens County Bar Association ecstatic! Steve served a four year tour of duty at K-Paul’s get any better than this and it’s conveniently located just a Louisiana Kitchen in New Orleans and world renowned few blocks from St. John’s University. Chef Steve also (NOTE: Any members who would like to submit a Cajun chef Paul Prudhomme’s cooking talent sure rubbed offers Cajun cooking classes on Saturdays from 10-2 (call review for a Queens restaurant should do so – call (718) off. Diners can enjoy spicy meals that feature starters such for info). Cooking With Jazz is open Wednesday through 291-4500 for info)

Correction Please note that the names of the participants were combined in the last issue of the Bar Bulletin. The correct names are listed below both photos.

Art Terranova, Joe DeFelice, Dave Adler, Arthur Mosley and Dave Cohen Bernie Vishnick, Larry Litwack, Ed Rosenthal and Jim Pieret Estates Update - 2009 Continued From Page 1 ______authorizes the commencement of a special that no new legislation is effected, under direct anyone interested in the mechanics instructed by the principal, or left to the proceeding (GOL Section 5-1510) to present law the federal estate tax is of electronic filing in Surrogate’s Court to agent’s discretion; and authority to gift or address any perceived abuses by the agent. repealed this year, and reverts to a thresh- our Seminar, noted below, which is avail- transfer to the agent subject to enumerated This proceeding, by its terms, is more old of $1,000,000.00 next year. The prior able on tape with annexed printed materi- limitations and guidelines imposed by the readily accessible to a variety of parties, scenerio is extremely unlikely, yet the new al. Said Seminar consisted of a hands on principal. This major gifts rider must be and more easily effected. year has not brought new law as of yet. It description and analysis of electronic fil- executed by the principal in a manner sim- is also anticipated that the maximal estate ing conducted by the Statewide ilar to the basic power of Attorney form, TAXATION tax rate shall also be frozen at 45%. Coordinator for said filing. but must also be witnessed by 2 individu- At the time of this writing of this This appears to be the wave of the als. The relative intricacies heretofore Article, no change to the federal estate tax ELECTRONIC FILING future, and the future will be arriving in designating the power to gift and transfer, law has yet been passed. It is strongly The ability to file Court papers and doc- Queens County shortly. , reflect the legislative response to prior anticipated that the estate tax threshold uments electronically via the computer has abuses of authority by agents. In further- amount shall be frozen at last year’s value been effected in certain areas of practice in QUEENS COUNTY ance of these goals, the present law also of $3,500,000.00. In the improbable event the State of New York, notably the In response to the recent legislative Commercial, Tax Certiorari and Tort changes, our Bar Association, in conjunc- areas. The overall process is known as the tion with the Surrogate’s Court, conducted NYS Courts Electronic Filing System. two well attended Seminars over the past Presently, the State has been targeting cer- year. In June, we presented a program tain Counties to operate as pilot counties entitled Hot Topics in Estates Practice for the initiation of electronic filing in the which focused on the new Power of Surrogate’s Court. Queens County has Attorney legislation, and ethical require- been designated as one of said pilot coun- ments of fiduciaries. Our excellent panel ties, and it is anticipated that electronic fil- of speakers included Lee Coulman, the ing will be available here by the late Chief of the Law Department, Gerard Spring. Sweeney, the Counsel to the Public The basic procedures for electronic fil- Administrator, and John Dietz, our Elder 2. Barbara Berwitz gave a talk at the Newtown Civic Association of the Elmhurst Memorial Hall ing in Surrogate’s Court are set forth in the Law Chairman. on Elder Law and Guardianships. Rules of the Chief Administrative Judge, In October, we presented a Seminar on at Uniform Rules Section 207.4-a. At this Electronic Filing in the Surrogate’s Court. time, said filing remains voluntary, and is Our outstanding faculty included Wallace initiated by registration with the Office of Leinheardt, Past Chair NYSBA Trusts and Court Administration. The unique nature Estates Section, Alicemarie E. Rice, Chief of estates practice also necessitates the fil- Clerk, Surrogate’s Court, and Jeffrey ing of original documents (Wills, Carucci, Statewide Coordinator for Codicils), and their filing must still be Electronic Filing, NYS Office of Court 5. Barbara Berwitz addressed the Jewish Women’s International Organization at the Public directly made to the Court within two days Administration. Many thanks to all Library on Marathon Parkway and Long Island Expressway in Douglaston on the latest Elder after the initial electronic filing of papers involved, notably Surrogate Robert L. law rules, regulations and Law. commencing the proceeding. Nahman for serving as moderator of both Commonly used hardware and software Seminars, and for his ongoing commit- systems are all that is required. This man- ment to our Bar Association and the field ner of practice is available to virtually of legal education. everyone with minimal computer literacy, We await the impact of the new legisla- subject, of course, to the expense of com- tion and hope for the best. Happy New puter maintenance and adaptability. I Year to all! THE QUEENS BAR BULLETIN – FEBRUARY 2010 7

PHOTO CORNER Holiday Party, Thursday, December 10th 2009

Annamarie Policriti Brown, Gary Muraca, Mona Haas and Pam Hirschhorn Janet Kearney, James Cowley and Michelle Vlosky

Jeff Boyar, Diana Gianturco, Pam Hirschhorn and George Nicholas Tracy Catapano-Fox, Hon. Bernice Siegal, Sue Beberfall, Pam Jordan and Dan Halloran

Zenith Taylor, Bart Resnicoff and Jacqueline Wagner

Photos by Walter Karling 8 THE QUEENS BAR BULLETIN – FEBRUARY 2010 Marital Quiz

BY GEORGE J. NASHAK JR.* Question # 2 - Is the Family Court per- Question # 5 - Does the Family Court in Question # 8 - At a trial, may a party mitted to delegate to the Administration New York have jurisdiction to issue its seek to rebut the presumption that any Question # 1 - Is it proper for the Family for Children’s Services the authority to own support order, if a prior order of sup- commingled separate property funds Court to deny a noncustodial parent visi- determine whether and when the father port for the subject children was issued became marital property? tation after refusing that parent’s request was entitled to visitation? by the State of Vermont and the custodial Your answer - for forensic evaluations? Your answer - parent still resides in the State of Your answer - Vermont? Your answer -

COMPLIMENTARY Question # 3 - Is the Family Court per- Question # 6 - After a child support order Question # 9 - If your answer to question mitted to condition future unsupervised was issued by a Pennsylvania Court, the 8 was yes, how? ESTATE visitation on the mother’s successful com- parents and the subject child moved to Your answer - pletion of therapy? New York. Under Pennsylvania law, Your answer - child support ends at age 18. Does the ADMINISTRATION New York Family Court have the right to order child support until age 21? SERVICES Your answer - Complimentary: • Estate Valuations for 706 Schedule B • Security Transfers/ Consolidation of Assets
Upon receipt of a list of all items in the estate, we will provide a 706 Schedule B Ready Valuation within 3 business days
We will contact transfer agents, dividend reinvestment plans, financial institutions, etc. and provide you with a list of Question # 4 - Is the Family Court per- Question # 7 - Would your answer to Question # 10 - Can “social abandon- documentation required to deposit mitted to direct the mother to attend ther- question 6 be different if prior to the child ment” of a spouse qualify as “abandon- and consolidate all assets to apy as a component of supervised visita- reaching the age of 18, the New York ment” and provide a ground for divorce? one professionally managed tion? Family Court so-ordered a stipulation of Your answer - estate account Your answer - the parties’ which increased the father’s child support obligation? Leverage your Time & Streamline Your answer - your Trust and Estate Practice by Outsourcing to Us

Serving the Trust & Estate Community *Editor’s Note: Mr. Nashak is a Past for 28 Years President of our Association and Vice- 400 Columbus Avenue Chair of our Family Law Committee. He is Valhalla, NY 10595 a partner in the firm of Ramo Nashak & Brown. (914) 741-9700 www.yvarstrustservices.com ANSWERS APPEAR ON PAGE 12

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1134 Lake Shore Drive, Massapequa Park, NY 11762 www.blasielaw.com THE QUEENS BAR BULLETIN – FEBRUARY 2010 9

THE CULTURE CORNER

BY HOWARD L. WIEDER NIADIS, with music set to programs, I have highlighted the of Isaac the Blind poems by Emily Dickinson and performers, dates, and the pro- This month’s column reviews the recent Edna Saint Vincent Millay. The grams to be performed by world Wednesday, February 24, 2010, at 8:00 world premiere of composer GEORGE first half of the concert conclud- famous artists during the excit- PM, Avery Fisher Hall: ANDONIADIS’s work LINCOLN, A ed with a musical theater piece, ing Spring 2010 season of LIN- Pre-concert talk at 6:45 by Leon Botstein, POETIC OPERA. I also am delighted to with lyrics by GEORGE COLN CENTER’S GREAT Avery Fisher Hall print below and heartily recommend the ANDONIADIS’s sister SOFIA PERFORMERS SERIES. For American Symphony Orchestra, Leon exciting classical music performers offered LANDON GEIER, from their ticket prices and availability, Botstein, music director by LINCOLN CENTER’S GREAT PER- musical Home, based on E. order online at www.lincolncen- After the Thaw FORMER SERIES during the spring sea- Nesbitt’s popular children's ter.org. Alexander Lokshin: Symphony No. 4, son of 2010. novel, "The Railway Children." “Sinfonia Stretta” Elizabeth Racheva and Timothy Wednesday, February 17, Boris Tchaikovsky: Concerto for Cello and Bentch also performed during Howard L. Wieder 2010, at 8:00 PM, Avery Orchestra the song portion of the concert. Fisher Hall: Boris Tishchenko: Symphony No. 5, Op. 67 Thomas Cunningham, founder and direc- Rotterdam Philharmonic Orchestra Boris Tchaikovsky: Music for Orchestra tor of The Manhattan Choral Ensemble, con- Yannick Nézet-Séguin, conductor ducted the entire evening with strength and Jean-Yves Thibaudet, piano Sunday, February 28, 2010, at 5:00 PM, sensitivity. Messiaen: Les offrandes oubliées, médita- Alice Tully Hall: LINCOLN, A POETIC OPERA is a tion symphonique Simon Keenlyside, baritone moving piece. The audience gave full atten- Liszt: Piano Concerto No. 2 in A major Pedja Muzijevic, piano tion to the haunting, gutsy work, embracing Strauss: Ein Heldenleben, Op. 40 Schumann: Dichterliebe, Op. 48 both Lincoln's courage as a man and Wolf: Four Lieder on poems by Mörike President and the nation's torment. Friday, February 19, 2010, at 8:00 PM, Gesang Weylas, No. 46 GEORGE ANDONIADIS is a composer Avery Fisher Hall: Heimweh, No. 37 whose compassion blends with intelligence Pre-concert lecture by Walter Frisch at 6:45 Auf eine Christblume II, No. 21 to create music that rivets the listener. LIN- Stanley H. Kaplan Penthouse Lied vom Winde, No. 38 COLN, A POETIC OPERA speaks to us Rotterdam Philharmonic Orchestra Schubert: Nine Lieder of Abraham Lincoln and also resonates with Yannick Nézet-Séguin, conductor An Sylvia, D.891 (Shakespeare) the pain suffered in other wars and other Viktoria Mullova, violin Die Einsiedelei, D.337 (Salis-Seewis) (vers- times. LINCOLN, A POETIC OPERA is Brahms: Violin Concerto in D major, Op. 77 es 1 & 3 only) George Andoniadis musically meritorious and deserves world- Theo Verbey: Conciso Verklärung, D.59 wide exposure and recognition. Bartók: Concerto for Orchestra, BB 123 Freiwilliges Versinken, D.700 (Mayrhofer) LINCOLN, A POETIC OPERA CDs of LINCOLN, A POETIC OPERA Gruppe aus dem Tartarus, D.396 or D.583 will be available soon at www.imagination- Sunday, February 21, 2010, at 11:00 AM, (Schiller) LINCOLN, A POETIC OPERA written sound.com, where many genres of Walter Reade Theater: Himmelsfunken, D.651 (Silbert) (verses 1 & by New York composer, GEORGE GEORGE ANDONIADIS's music can be David Greilsammer, piano 2 only) ANDONIADIS, had its world premiere sampled and are available for purchase along Program to include works by Rameau, Ständchen (Rellstab?) recently at Holy Trinity Church in with the composer's choral sheet music. Ligeti, Mozart, Satie, Monteverdi, Janá_ek, Die Sterne, D.939 (Leitner) Manhattan. Harold Holzer, renowned GEORGE ANDONIADIS has composed Scarlatti, and John Adams Auf der Bruck, D.853 (Schulze) author and Lincoln scholar, gave an engag- numerous theater scores and much vocal Gates ing pre-concert talk on Lincoln, the man. music, both solo and choral, and has Rameau: Gavotte et six doubles, part 1 Monday, March 1, 2010, at 8:00 PM, Holzer is Co-Chairman of the American received world premiere performances from Ligeti: Musica ricercata, No. 7 Avery Fisher Hall: Lincoln Bicentennial Commission, which the Gregg Smith Singers, the Bowdoin Mozart: Suite in C major, K.399, part 1 London Philharmonic Orchestra, Vladimir officially endorsed Mr. Andoniadis' opera. College Chamber Choir, the University of Satie: Gnossienne No. 3 Jurowski, conductor Singing the role of Abraham Lincoln, Southern Maine Chamber Singers, the Monteverdi (arrangement): Aria from Orfeo, Thomas Zehetmair, violin arguably America's most revered President, Choral Art Society of Portland, Maine, the part 1 Beethoven: Violin Concerto in D major, Op. was tenor Timothy Bentch, a gifted inter- Manhattan Choral Ensemble, and the Hobart Janá_ek: Piano Sonata, “The Presentiment,” 61 preter of song, whose powerful voice cap- and William Smith Colleges Cantori. first movement Brahms: Symphony No. 2 in D major, Op. tured Lincoln's anguish at the suffering of GEORGE ANDONIADIS’s music has Scarlatti: Sonata in D major, K.492 73 his country's citizens during the Civil War. also been featured on concerts of the Ohio Adams: China Gates Elizabeth Racheva lent her glistening University Chamber Singers and the Scarlatti: Sonata in D minor, K.213 Sunday, March 7, 2010, at 3:00 PM, soprano to the sympathetic role of Mary Lancaster Chorale. Janá_ek: Piano Sonata, “The Death,” first Avery Fisher Hall: Todd Lincoln. GEORGE ANDONIADIS is a member movement London Philharmonic Orchestra, Vladimir The Manhattan Choral Ensemble, a of ASCAP and Chorus America, has been a Monteverdi (arrangement): Aria from Orfeo, Jurowski, conductor group GEORGE ANDONIADIS has writ- grant recipient from Meet the Composer, part 2 Alexander Toradze, piano ten for twice previously, electrified the audi- Inc., and was a winner of the Composition Satie: Gnossienne No. 2 Shostakovich: Five Fragments, Op. 42 ence with its majestic and, at times, terrify- Competition of the Festival of Mozart: Suite in C major, K.399, part 2 Ravel: Piano Concerto in G major 23” ing sound as the vanquished, bitter Contemporary Choral Music in America Ligeti: Musica ricercata, No. 5 Shostakovich: Symphony No. 4 in C minor, Southerners. Kristin Ditlow, a frequent sponsored by Bowdoin College. His work Rameau: Gavotte et six doubles, part 2 Op. 43 accompanist with The Manhattan Choral has been included in the Bates College New Ensemble, played brilliantly throughout the American Music Festival and has been fea- Monday, February 22, 2010, at 7:30 PM, Sunday, March 14, 2010, at 11:00 AM, concert. tured on Maine Public Radio. Walter Reade Theater: Walter Reade Theater: The hour-long presentation of LIN- What Makes It Great? Rob Kapilow, host Leon McCawley, piano COLN, A POETIC OPERA, was preceded THE GREAT PERFORMER SERIES St. Lawrence String Quartet Barber: Nocturne (Homage to John Field), by the performance of a handful of lovely AT LINCOLN CENTER Todd Palmer, clarinet songs written by GEORGE ANDO- In order to enable you to view the exciting Osvaldo Golijov: The Dreams and Prayers ______Continued On Page 10 Diana C. Gianturco DUFFY & POSILLICO AGENCY INC. Court Bond Specialists ATTORNEY AT LAW BONDS * BONDS * BONDS * BONDS P.O. BOX 419 Administration • Appeal • Executor • Guardianship LONG BEACH, NY 11561 Injunction • Conservator • Lost Instrument Stay • Mechanic’s Lien • Plaintiff & Defendant’s Tel: 888-805-8282 Bonds Fax: 516-706-1275 Serving Attorneys since 1975 Text: 321-480-1678 Complete Bonding Facilities APPEARANCES IN IMMEDIATE SERVICE! QUEENS COUNTY 1-800-841-8879 FAX: 516-741-6311 E-mail: [email protected] 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) NYC Location: 108 Greenwich Street, New York, NY 10006 10 THE QUEENS BAR BULLETIN – FEBRUARY 2010 The Culture Corner Continued From Page 9______Stanley H. Kaplan Penthouse Tully Hall: major, Op. 51 Op. 33 Panel Discussion: On Interpreting Thomas Hampson, baritone Dvo_ák: Cypresses Nos. 1–4 Chopin: Sonata in B-flat minor, Op. 35 Beethoven Co-presented by the New York Philharmonic Janá_ek: String Quartet No. 1 (“The Chopin: Nocturne in C-sharp minor, Op. 27, Ara Guzelimian, moderator and Lincoln Center ’s Art of the Song Series. Kreutzer Sonata”) No. 1 Monday, April 12, 2010, at 7:30 PM, Dvo_ák: Piano Quintet in A major, Op. 81 Barber: Sonata, Op. 26 Sunday, March 28, 2010, at 3:00 PM, Walter Reade Theater: Sunday, March 21, 2010 at 2:00 Alice Tully Avery Fisher Hall: What Makes It Great? Rob Kapilow, host Sunday, May 16, 2010, at 5:00 PM, Alice Hall Budapest Festival Orchestra, Iván Fischer, Shai Wosner, piano Tully Hall: Post-concert discussion with Garrick conductor Schumann: Fantasy in C major, Op. 17 Post-concert discussion with the Emerson Ohlsson Alice Tully Hall Lisa Milne, soprano String Quartet and Ara Guzelimian Alice Garrick Ohlsson, piano Kelley O’Connor, mezzo-soprano Sunday, April 18, 2010, at 11:00 AM, Tully Hall All-Chopin program Jorma Silvasti, tenor Walter Reade Theater: Emerson String Quartet Three Nocturnes, Op. 9 Kristinn Sigmundsson, bass Moscow String Quartet The Late Quartets Two Polonaises, Op. 40: No. 1 in A major, The Dessoff Symphonic Choir Borodin: String Quartet No. 2 in D major Dvo_ák: Cypresses Nos. 5 and 6 No. 2 in C minor James Bagwell, director Shostakovich: String Quartet No. 4 in D Dvo_ák: String Quartet No. 14 in A-flat Sonata in B-flat minor, Op. 35 All-Beethoven program major, Op. 83 major, Op. 105 Mazurkas Op. 7, Nos. 1 in B-flat major, 2 in Symphony No. 6 in F major, Op. 68 Janá_ek: String Quartet No. 2 (“Intimate A minor, and 3 in F minor (“Pastoral”) Wednesday, April 21, 2010, at 8:00 PM, Letters”) Mazurka in C-sharp minor, Op. 30, No. 4 Symphony No. 9 in D minor, Op. 125 Alice Tully Hall: Dvo_ák: Cypresses Nos. 7 and 8 Waltz in A-flat major, Op. 42 Sergey Khachatryan, violin Dvo_ák: String Quartet No. 13 in G major, Scherzo in B-flat minor, Op. 31 Wednesday, March 31, 2010, at 8:00 PM, Lusine Khachatryan, piano Op. 106 Alice Tully Hall: Bach: Violin Sonata No. 4 in C minor, BWV Wednesday, May 19, 2010 at 8:00 Alice Monday, March 22, 2010, at 7:30 PM, Ian Bostridge, tenor 1017 Tully Hall Walter Reade Theater: Julius Drake, piano (equal billing) Brahms: Violin Sonata No. 2 in A major, Emerson String Quartet What Makes It Great? Rob Kapilow, host All-Brahms program Op. 100 Paul Neubauer, viola Sally Wilfert, soprano Lieder und Gesänge, Op. 32 Beethoven: Violin Sonata No. 9 in A major, From the New World Michael Winther, tenor Four Lieder on poems by Heine Op. 47 (“Kreutzer”) Dvo_ák: Cypresses Nos. 9–12 Gershwin Songs Sommerabend, Op. 85, No. 1 Martin_: Duo No. 1, “Three Madrigals,” Mondenschein, Op. 85, No. 2 Sunday, May 2, 2010, from 6:00 to 7:30 H.313 Thursday, March 25, 2010, at 8:00 PM, Meerfahrt, Op. 96, No. 4 PM, Irene Diamond Education Center Dvo_ák: String Quartet No. 12 in F major, Alice Tully Hall: Der Tod, das ist die kühle Nacht, Op. 96, No. Panel Discussion: A Musical Peace Op. 96 (“American”) Pre-concert lecture by Nicholas Kenyon at 1 Ara Guzelimian, moderator, with Karen Dvo_ák String Quintet in E-flat major, Op. 6:45 Stanley H. Kaplan Penthouse Thirteen Lieder Armstrong, Osvaldo Golijov, and Jordi 97 (“American”) Orchestra of the Age of Enlightenment, Iván Es träumte mir, Op. 57, No. 3 Savall Fischer, conductor Auf dem Kirchhofe, Op. 105, No. 4 Thursday, May 20, 2010, at 8:00 PM, All-Beethoven program Herbstgefühl, Op. 48, No. 7 Sunday, May 2, 2010 at 8:00, The Allen Avery Fisher Hall: Symphony No. 2 in D major, Op. 36 Der Gang zum Liebchen, Op. 48, No. 1 Room: Los Angeles Philharmonic, Gustavo Symphony No. 3 in E-flat major, Op. 55 Geheimnis, Op. 71, No. 3 Orient—Occident Dudamel, conductor (“Eroica”) Minnelied, Op. 71, No. 5 A Dialogue of CulturesJordi Savall, director, Jean-Yves Thibaudet, piano Alte Liebe, Op. 72, No. 1 vièle, lira d’arco, and rebabHespèrion XXI Bernstein: Symphony No. 2, “The Age of Friday, March 26, 2010, at 8:00 PM, Alice Sommerfäden, Op. 72, No. 2 with guests Yair Dalal, Driss El Maloumi, Anxiety” Tully Hall: O kühler Wald, Op. 72, No. 3 and Gaguik Mouradian Tchaikovsky: Symphony No. 6 in B minor, Orchestra of the Age of Enlightenment, Iván Verzagen, Op. 72, No. 4 Op. 74 (“Pathétique”) Fischer, conductor Über die Heide, Op. 86, No. 4 Monday, May 3, 2010, at 7:30 PM, Walter All-Beethoven program Mein Herz ist schwer, Op. 94, No 3 Reade Theater: Saturday, May 22, 2010, at 8:00 PM, Symphony No. 1 in C major, Op. 21 Botschaft, Op. 47, No. 1 What Makes It Great? Rob Kapilow, host Avery Fisher Hall: Symphony No. 8 in F major, Op. 93 ARTEK Post-concert discussion with Gustavo Symphony No. 5 in C minor, Op. 67 Friday, April 9, 2010, at 8:00 PM, Avery Gwendolyn Toth, director Dudamel, Deborah Borda, and John Fisher Hall: Monteverdi: Madrigals Schaefer Avery Fisher Hall Saturday, March 27, 2010, at 8:00 PM, Pre-concert talk at 6:45 by Leon Botstein Los Angeles Philharmonic, Gustavo Alice Tully Hall: Avery Fisher Hall Monday, May 3, 2010, at 7:30 PM, Rose Dudamel, conductor Budapest Festival Orchestra, Iván Fischer, American Symphony Orchestra, Leon Theater:Pre-concert discussion with Jordi John Adams: City Noir ( Los Angeles conductor Botstein, music director Savall and Ara Guzelemian at 6:15 Rose Philharmonic commission/ New York pre- All-Beethoven program Scenes from Goethe’s Faust TheaterJerusalem, City of Heavenly and miere) Symphony No. 4 in B-flat major, Op. 60 Schumann: Scenes from Goethe’s Faust Earthly PeaceJordi Savall, director, vièle, lira Mahler: Symphony No. 1 in D major Symphony No. 7 in A major, Op. 92 d’arco, and rebabMontserrat Figueras, Sunday, March 28, 2010 from 1:00 to 2:30 Sunday, April 11, 2010, at 5:00 PM, Alice sopranoLior Elmalich, Muwafak Shahin THE CASE OF THE BLUE OYSTER Khalil, Razmik Amyan, Marc Mauillon, GANG vocalists; Luís Vilamajó, tenor; Begoña THE CASE OF THE BLUE OYSTER Queens County Bar Association Olavide and Andrew Lawrence-King, psaltery; Yair Dalal and Driss El Maloumi, GANG was a fun, charming comedy with th 90-35 148 Street, Jamaica, New York 11435 ouds; psaltery; Gaguik Mouradian, music that played recently at the Tel 718-291-4500 Fax 718-657-1789 kamãncheh; Al-Darwish; La Capella Reial de Workman’s Circle Auditorium on East Catalunya; Hespèrion XXI; Trumpets of 33rd Street by Park Avenue. The original Jericho comedy, in a film noir style, was written by QUEENS COUNTY BAR ASSOCIATION Ben Richards. Sunday, May 9, 2010, at 3:00 PM, Avery SCHOLARSHIP FUND Fisher Hall: The cast was composed of dedicated, Pre-concert talk at 1:45 by Leon Botstein young and energetic actors: STUART Dear Member: Avery Fisher Hall WILLIAMS, BEN BERGIN, LELAND American Symphony Orchestra, Leon WHEELER, LIZ CURTIS, CHRISTINE The Queens County Bar Association’s Scholarship Fund was created in 2005 to Botstein, music director MCKENNA, KAREN BRELSFORD, offer financial assistance to law students who are residents of Queens County or Apollo and Dionysus CHANEL THOMAS, AND MIKE who attend law school in Queens County. Bliss: Hymn to Apollo HENRICI. The well-paced direction was The recipients of the QCBA Scholarship are carefully chosen based on academ- Dallapiccola: Frammenti sinfonici, from the by BEN BERGIN, the lively Musical ic achievement, community service and financial need and is awarded at the Annual ballet Marsia Direction was by KEITH PANZAREL- Dinner in May. Hans Werner Henze: Symphony No. 3 LA, and the excellent lighting and sound I know that times are hard, but I would hope that you could donate to this worth- Holst: Hymn to Dionysus was by CHARLOTTE BERGIN. They while purpose and your tax deductible donation (of any amount) will help to sup- Roussel: Bacchus et Ariane, Op. 43, Suites were all talented, and I hope they keep pur- port and recognize those deserving law students who provide community service to Nos. 1 and 2 suing their artistic craft and ambitions. the residents of Queens County. It also enhances the good name of our Association. As President of the Queens County Bar Association, I thank you for your support Sunday, May 9, 2010, at 5:00 PM, Alice HOWARD L. WIEDER is the writer of of this valuable community-based program. Tully Hall: both "THE CULTURE CORNER" and Pre-concert lecture by Michael Beckerman the "BOOKS AT THE BAR" columns, Sincerely, at 3:45 Stanley H. Kaplan Penthouse appearing regularly in THE QUEENS Emerson String Quartet BAR BULLETIN, and is JUSTICE GUY R. VITACCO, JR. Jeffrey Kahane, piano CHARLES J. MARKEY’S PRINCIPAL President The Folk Music LAW CLERK in Supreme Court, Queens Dvo_ák: String Quartet No. 10 in E-flat County, Long Island City, New York. THE QUEENS BAR BULLETIN – FEBRUARY 2010 11 SERVICE DIRECTORY

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BY HOWARD L. WIEDER in these fields. Laymen, stu- ANDREW J. SCHATKIN SELECT LEGAL TOPICS by dents, lawyers, and law profes- is the author of over 150 pro- ANDREW J. SCHATKIN is available at SELECT LEGAL TOPICS sors will find this book inform- fessional publications and has www.amazon.com and book stores. Publisher: University Press of America ative. contributed to 5 books in the (July 28, 2009) THE LAW FIRM OF fields of Evidence, Criminal You can reach Language: English ANDREW J. SCHATKIN Law, Family Law, and Labor ANDREW J. SCHATKIN at: ISBN-10: 0761846441 specializes in Employment; Law. In addition to his law ISBN-13: 978-0761846444 Criminal; Civil Rights; degree, ANDREW J. The Law Firm of Appeals; Personal Injury; SCHATKIN has a Certificate Andrew J. Schatkin ANDREW J. SCHATKIN, Esq., has a Divorce; Family and in International Law from The 350 Jericho Turnpike passion for the law. A prolific writer, Commercial Matters. Hague in the Netherlands and Jericho, NY 11753 ANDREW J. SCHATKIN, a QCBA ANDREW J. SCHATKIN a Certificate in International Howard L. Wieder member, has written for this newspaper has been practicing law for Human Rights from the Tel: (718) 229-276, (516) 932-8120, and numerous other publications on over 25 years and has briefed Institut International des Website: www.schatkin.com assorted legal subjects. The array and ver- and argued over 150 appeals, civil and Droits de l’Homme, Strasbourg Fax: (718) 279-7247, (516) 465-7068 satility of his subject matter is breathtak- criminal, federal and state, to all appellate (France). In December of 2007, the Email: [email protected] ing. His latest work, containing many of courts in New York State. ANDREW J. William Fulbright Scholarship Award, his well-written essays and useful works is SCHATKIN has tried over 100 jury and the Bureau of Education and Cultural HOWARD L. WIEDER is the writer his new book SELECT LEGAL TOP- non-jury trials in both Federal and State Affairs of the Department of State and of both "THE CULTURE CORNER" ICS. courts, civil and criminal. ANDREW J. the Council for the International and the "BOOKS AT THE BAR" SELECT LEGAL TOPICS is a com- SCHATKIN has successfully obtained Exchange of Scholars approved Andrew columns, appearing regularly in THE pendium of legal journal articles in the significant acquittals in numerous criminal J. Schatkin’s candidacy for the QUEENS BAR BULLETIN, and is JUS- areas of criminal law, evidence, civil pro- cases and has also had success in civil liti- Fulbright Grant. ANDREW J. TICE CHARLES J. MARKEY’S cedure, family law, labor and employment gation, not only on the trial level, but in SCHATKIN is listed in Who’s Who in PRINCIPAL LAW CLERK in Supreme law, civil rights, tort law, and federal pro- obtaining successful settlements against America, Who’s Who in the World, and Court, Queens County, Long Island City, cedure, covering a wide spectrum of topics major corporations. Who’s Who in American Law. New York. 12 THE QUEENS BAR BULLETIN – FEBRUARY 2010 Saturday Morning

Continued From Page 3 ______to drop someone off anyway, and so she Alex showed up he appeared clean shaven. when told of the identification, went physical appearance, was totally gone! had gotten into the small, green sports car. Never having attended such a proceeding understandably hysterical; now being James was inwardly conflicted. He knew On the way out of the airport he had taken before, and being too proud to call his charged with a sexual assault in the first that the original description undoubtedly a few turns off the regular highway and father for advice, James brazenly entered degree and facing fifteen years in prison. included the fact that the “perp” had a wound up in a darkened cul de sac in a res- the room where all of the suspects were He just kept repeating that he couldn’t brushy moustache and now his client had idential neighborhood. He pulled out a lined up and stood in the corner. He fool- understand how the woman could have altered the evidence demonstrably, in order small knife and threatened to cut her face ishly thought that he was lending his client identified him. His father was likewise dis- to obtain a more favorable but fraudulent if she didn’t perform oral sex on him. She moral support by standing inside the same mayed at the result. They had both result. Obviously, James could say nothing succumbed, shaken and scared to death, room. Of course, that left the two senior believed that they would beat the odds by about his clients’ actions in altering his and would have preferred exiting the car sex crimes detectives and the viewer all their tactic of shaving off Alex’s mous- facial appearance. That would constitute an right then and there and fleeing to one of alone on the other side of the viewing win- tache and that had failed. ethics violation he was quite certain. Yet, the private homes for assistance, but the dow with no one to hear what was said or When James related the details to his he felt substantial discomfort in taking part perpetrator insisted on driving her home. to ensure that no coaching occurred. father, the elder Fenton quietly apprised in the charade to come, knowing the result She provided a phony street address a few There was a knock on the window, the young man that he had screwed up by to likely favor his client and now con- blocks from her actual residence and man- which James had been told meant that the standing on the wrong side of the viewing cerned that he had been fed a pack of lies aged to memorize most of the license viewing would then be taking place and mirror, thereby providing the cops with about what really happened. plate. There weren’t that many locally reg- that all the suspects should look towards carte blanche as to their dealings with the Once they were all upstairs and his istered small, green sports cars with New the window. James had cleverly … he viewing victim. They may well have indi- clients ensconced in a waiting room the York plates which began with the numbers thought … placed his client on one end of cated the correct number to her after she detectives felt more comfortable in sharing 4783 and the letters J--. Even fewer were the review. After a few minutes there was failed to make an initial identification additional facts with James. The com- of males in the client’s age category. The another knock on the window, which because none of the men bore a mous- plainant was indeed a young stewardess cops were certain they had the right man. James correctly presumed was a signal that tache. They would never know. who had just arrived from a lengthy James was now pretty sure they were right. the lineup was over. He left the room and It was the 70’s, women were not yet domestic flight and was waiting for a The detectives provided five “fillers” the detectives informed him in a most empowered and the courts simply had too friend to pick her up at the airport. The (non-suspects who would stand in the line- sober manner that his client had been many serious felons to deal with to provide weather was nasty, it was late, she was up along with the suspect) who were all picked out. Now, because James was on trials to them all. Alex only received a sen- exhausted and she foolishly accepted the policemen. It was quite reasonable inas- the wrong side of the glass when the view- tence of five years and insisted, even after offer of a ride from a stranger who looked much as all of them and Alex were ing occurred, he had no idea as to what had he was sent away, that something had gone like a decent, middle class guy. He had Caucasian and in their mid twenties. The actually happened and was compelled to very, very wrong. James wasn’t quite cer- made some excuse for being at the airport police had adjusted for the fact that when accept the result as reported. His client, tain how he felt about the result. Answers To Marital Quiz ANSWERS TO MARITAL QUIZ Question # 3 - Is the Family Court per- Answer - No, Mansfield v. Mansfield FROM PAGE 8 mitted to condition future unsupervised 2009 NY Slip Op 08619 (2nd. Dept.) visitation on the mother’s successful com- Question # 8 - At a trial, may a party Question # 1 - Is it proper for the Family pletion of therapy? Question # 6 - After a child support order seek to rebut the presumption that any Court to deny a noncustodial parent visi- was issued by a Pennsylvania Court, the commingled separate property funds tation Answer - No, Matter of Bonthu v. Bonthu parents and the subject child moved to became marital property? after refusing that parent’s request for 2009 NY Slip Op 08613 (2nd Dept.) New York. Under Pennsylvania law, forensic evaluations? child support ends at age 18. Does the Answer: Yes, Masella v. Masella 2009 Question # 4 - Is the Family Court per- New York Family Court have the right to NY Slip Op 08190 (2nd Dept.) Answer: Yes, if the “...The Family Court mitted to direct the mother to attend ther- order child support until age 21? possessed sufficient information to render apy as a component of supervised visita- Question # 9 - If your answer to question an informed decision regarding custody tion? Answer - No, In the Matter of Epstein v. 8 was yes, how? consistent with the subject child’s best Shoshani 2009 NY Slip Op 7839 (2nd interests.” Matter of Rhodie v. Nathan Answer - Yes, Matter of Bonthu v. Dept.) Answer - By tracing the source of the 2009 NY Slip Op 08108 (2nd Dept.) Bonthu 2009 NY Slip Op 08613 (2nd funds with sufficient particularity. Dept.) Question # 7 - Would your answer to Masella v. Masella 2009 NY Slip Op Question # 2 - Is the Family Court per- question 6 be different if prior to the child 08190 (2nd Dept.) mitted to delegate to the Administration Question # 5 - Does the Family Court in reaching the age of 18, the New York for Children’s Services the authority to New York have jurisdiction to issue its Family Court so-ordered a stipulation of determine whether and when the father own support order, if a prior order of sup- the parties’ which increased the father’s Question # 10 - Can “social abandon- was entitled to visitation? port for the subject children was issued child support obligation? ment” of a spouse qualify as “abandon- by the State of Vermont and the custodial ment” and provide a ground for divorce? Answer: No, Matter of Rhodie v. Nathan parent still resides in the State of Answer - The result would be the same. 2009 NY Slip Op 08108 (2nd Dept.) Vermont? In the Matter of Epstein v. Shoshani 2009 Answer: No, Davis v. Davis 2009 NY NY Slip Op 7839 (2nd Dept.) Slip Op 08579 (2nd Dept.) Criminal Law Cases

Continued From Page 1 ______year old robbery victim who did not done at that time due to a large backlog of data of the male’s DNA characteristics People v. Gregory Allen, 13 N.Y.3d 731 describe the perpetrator as possessing any cases. In 2002, after receiving additional violated his right to confrontation, the (decided October 27, 2009), the Court distinctive physical characteristics. In funding to address the backlog, the Court found that the report was not “testi- again considered the standards for deter- contrast, in Allen, the Court found no Medical Examiner sent the rape kit to a monial” because it contained no conclu- mining when a trial court should admit abuse of discretion due to the preclusion of private laboratory which had been subcon- sions, interpretations or comparisons and expert testimony on the reliability of eye- such expert testimony since there were two tracted to perform DNA tests. The private because the technicians who prepared the witness identification. In these cases, the eyewitnesses to the crime and both had laboratory isolated a male DNA specimen report would not have been able to offer Court reviewed its rulings in a series of some prior familiarity with the perpetrator. from the rape kit and produced a report any testimony other than how they per- recent cases including People v. Lee, 96 In People v. Michael Brown, 13 N.Y.3d containing machine-generated data of the formed certain procedures and could not N.Y.2d 157 (2001), People v. Young, 7 332 (decided November 19, 2009), the male’s DNA characteristics. That report be considered analysts under the Court’s N.Y.3d 40 (2006) and especially People v. Court decided whether a defendant’s Sixth was subsequently entered into a national definition in People v. Meekins, 10 N.Y.3d LeGrand, 8 N.Y.2d 449 (2007) in which Amendment right to confrontation was database. In 2003, a routine search of the 136 (2008). Moreover, because the biolo- the Court set forth the factors which a trial violated by the admission of a DNA report database linked the defendant’s DNA to gist who conducted the actual analysis judge should consider in deciding whether prepared by a private laboratory and intro- the profile found in the victim’s rape kit. linking the defendant’s DNA to the profile to admit such testimony. In Abney, the duced through the testimony of a biologist Subsequently, a biologist from the in the rape kit testified at the trial, no Sixth Court found that the trial judge’s preclu- employed by the Office of the Chief Medical Examiner’s Office took a DNA Amendment violation could be said to sion of expert testimony on eyewitness Medical Examiner. In Brown, a nine year sample from the defendant and matched it have occurred under the United States identification was an abuse of discretion old victim was sodomized in 1993. to the specimen from the victim’s rape kit. Supreme Court’s ruling in Melendez-Diaz since there was no evidence connecting the Though a rape kit was promptly prepared In rejecting the defendant’s argument v. Massachusetts, 557 U.S. __, 129 S. Ct. defendant to the crime, other than the 13 at a local hospital, DNA testing was not that admission of the report containing 2527 (2009).