ALBANY COUNTY BAR ASSOCIATION NEWSLETTER September 2015 | A Publication of the Albany County Bar Association PRESIDENT’S MESSAGE I hope you had a terrific summer and packs for youth attending Albany Middle opportunity to celebrate his contributions found time to relax and do something you Schools. Our conference room currently to our legal system and to celebrate his enjoy! Summer was busy for the ACBA. looks like a Staples store, filled with back- next chapter. Hope to see you there! We held two great Happy Hour CLEs packs, paper, crayons, pencils and pens. programs at McGeary’s in conjunction Thank you to the firms and all of our mem- And onto another ACBA member, Mi- with Alive at Five. Where else can you bers who donated to help us achieve our chael Friedman, who is retiring and has get a CLE credit, a drink and munchies goal. The staff is excited to deliver the given countless hours in volunteering for twenty dollars? We received positive backpacks later this week and I am sure and service to the ACBA. I cannot even feedback and hope to offer more low the youth who benefit from your generosity begin to list all of Mike’s contributions to cost, fun CLE programs over the next will be excited about their surprise as well. the ACBA. As a Past President, creator few months. If you have CLE ideas or of our pro se divorce program, pro bono are interested in joining our CLE commit- I also had the opportunity to testify attorney, lead instructor for Family Court tee, please contact our Co-Chairs Ryan before Chief Lippman’s Commission on Help Desk trainings, Chair of the Memorial Donovan (rtdonovan@capitalregionlaw. Statewide Attorney Discipline regarding Committee and, most notably, his news- com) and Matt Barry ([email protected]). the state’s attorney discipline system. The letter columns…we will miss you, we wish ACBA was pleased to be invited to provide you the best in California and are happy Our energetic and dedicated staff is al- a perspective of a local bar association to announce the New York Law Journal will ways looking for ways to give back to our and believe it is critical for our members to present Mike with the Lifetime Achieve- community and undertook the mission be have input on such an important mat- ment and Lawyers Who Lead by Public to raise enough money to fill 75 back- ter. We will provide updates as the Com- Service Award in October. This recogni- mission finalizes its recommendations. tion is well deserved! Congratulations! WHAT’S INSIDE: In the spring, the ACBA commissioned As fall arrives, we will be undergoing Workers’ Compensation Law........ 2 a portrait of the Honorable Victoria A. some changes. Our Executive Director, Graffeo. The portrait is finished and we Continued on page 11 Small and Solo Attorneys ............. 3 are proud to have it displayed in the Hall Health Law ......................... .......... 4 of Judges, located on the third floor of Pro Bono Corner .......................... 6 the Albany County Courthouse. A pic- Clarence Darrow Vignettes .......... 8 ture of the portrait is on page 27 and I Pro Bono Corner II ....................... 9 encourage you to take a few minutes the CLE Calendar ................................ 10 next time you are in the courthouse to see it in person. We are pleased to have Attorneys in the Public Service ..... 11 all of the portraits hanging, once again, Scotuscare? .................................. 12 the in the courthouse. Practicing Health and Wellness .... 14 Torts and Civil Procedure ............. 15 Now onto celebrations….I hope you will Attorney Marketing and Business.. 17 join the Albany County Bar Association, the Labor and Employment Practice .. 20 Rensselear County Bar Association, the Matrimonial Law ........................... 22 Capital District Black and Hispanic Bar As- sociation, the Northern District of NY Fed- Calendar of Events ........................ 23 eral Court Bar Association in celebrating Classified ................................ ..... 24 the retirement of the Honorable Randolph Tax Traps ...................................... 25 F. Treece on September 24th at the Hilton Bench & Bar in the News ............. 26 in Albany. Judge Treece is a former ACBA JANET M. SILVER Business Members in the News ... 27 Director and has given hours of assistance Hinman Straub, P.C. to the ACBA. We are honored to have the EXECUTIVE DIRECTOR’S MESSAGE This fall we have lots of great events fantastic experience and I thank every- planned from Judge Treece’s retirement one for all that you have taught me and reception on September 24 to our annu- provided for me and the Bar. I am fully al Holiday Party on December 17; I do confident that whoever takes my place hope you join us for some celebrating, will do a great job and transition into this giving back and of course learning at position smoothly. During my time here, one of our CLE programs. we have instituted a lot of positive chang- es to the ACBA and there are even more If you haven’t yet heard, September great things to come that will benefit the 16th will be my last day as Executive members and the community. I look for- Director. I’ve accepted a position at Al- ward to watching these changes and new STACEY WHITELEY bany County Family Court as Deputy initiatives grow and flourish under a new Executive Director Chief Clerk. The decision to leave was Executive Director. [email protected] a difficult one and was not made light- ly. My time here at the ACBA has been Again, thank you all for your member- wonderful; working with the Board, the ship and I look forward to seeing you at staff and member attorneys has been a future events! ● WORKERS’ COMPENSATION LAW request in a timely fashion. These or- ally every surgeon I have talked to ders are unappealable. who has been in this situation has ac- But apparently they can be “object- Continued on page 3 ed to” rather than appealed. So what happens in a situation MISSION STATEMENT where a doctor requests authorization for a particular surgery and receives The purpose of the Albany County RAYMOND J. “AN ORDER OF THE CHAIR” autho- Bar Association is to promote rizing the particular surgery request- professional collegiality among SELIGMAN, ESQ. ed. The doctor performs the surgery the bench and bar; facilitate public service and access to THE SILVERMAN FIRM as directed and then learns that the justice for all; and offer programs, [email protected] “ORDER OF THE CHAIR” has been benefits and services to enhance redacted due to an objection by the the skills of its members. carrier (mind you not an appeal) and It has been a while since we have therefore won’t get paid. While your had a meaningful discussion on writer only represents claimants even Pictorial Directory Workers’ Compensation but then it’s I am forced to acknowledge that on been a while since anyone has had occasion the carriers are right. Some- a meaningful discussion on Workers’ times they did respond in a timely Compensation. The system con- fashion and the evidence is in the tinues to generate more and more New York State electronic case folder forms and some of the delays have which is maintained by the Workers’ become almost insurmountable. Compensation Board. Notwithstand- Settlement demands made to WAMO ing my pigheadedness they should which was supposed to be a short- have a right to be heard. But what cut on some Special Funds cases about the surgeon, and the anesthe- now have a 22 month review time. siologist, and the assistant surgeon, And then there is something called and the hospital, and the nurses and Don’t forget to stop by our office, “AN ORDER OF THE CHAIR”. This everyone else involved with the sur- 112 State St., Suite 1120, is an order by the Chairman of the gery who has given their professional to pick up your Directory. Workers’ Compensation board au- time? They have now been told that The fee is $20 to pick it up, or add an thorizing very particular and specific the carrier need not pay because additional $6 to have it mailed to you. medical treatment when a carrier has the nonappealable order of the chair This is a great desktop reference! failed to respond to an authorization should not have been issued. Virtu- 2 | Albany County Bar Association Newsletter | September 2015 SMALL/SOLO LAW FIRM COMMITTEE Small and Solo Attorneys Hope you all had a nice relaxing sum- itch & Coffey, LLC (17 Elk Street, Albany), This will be a great resource for those mer, didn’t get sunburned and didn’t lose Small/Solo member Alan Bazzari will be looking to give or receive potential client too much money at the track. giving a CLE on “Handling Traffic Tickets referrals to other small/solos. for Attorneys Who Don’t Normally Handle The Small/Solo Committee is developing Traffic Tickets.” Many of us practitioners We are developing a form for you to sub- activities and programs tailored to the spe- don’t handle traffic tickets as part of our mit the information and will have that on cial needs of small/solo attorneys (those practice but at times are called upon by the ACBA website in the near future. practicing in firms with approximately 10 friends and family members to appear in or fewer attorneys). traffic court and negotiate a ticket. This Website of the Month breakfast CLE will provide you with an in- There is no charge to join the commit- troduction to local traffic court practice. For those of you who are members of tee, so please email Dan or Sarah if you’d It’s open to all ACBA members.