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Queens County BarQueens Association / 90-35 One Hundred Forty Eighth Street, Jamaica, Bar NY 11435 / (718) 291-4500 BulletinVol. 76 / No. 2 / November 2012 PROFILE OF: Hispanic Heritage Award Presiding Justice to Justice Joseph A. Zayas Randall T. Eng Appellate Division, Second Department BY TANGIER HARPER* BY TOM PRINCIPE I had the privilege of attending the District Attorney’s celebration of National Hispanic Heritage ”Randall T. Eng Month on October 11, 2012. Judge Brown presented Appointed as the First Justice Joseph A. Zayas with the District Attorney’s Asian-American Presiding 2012 Hispanic Heritage Award for his dedicated service to Justice of the Appellate the legal and Latino communities. Justice Zayas who Division for Second immigrated with his family from Barranquitas, Puerto Department” was the cap- Rico, graduated magna cum laude from Fordham tion on the press release University and from where he was a from Governor Cuomo’s Charles E. Evans Fellow. Justice Zayas who has presided office on October 1, 2012. in Criminal Court since 2003 and has recently served as an This is only the most acting Supreme Court Justice in Queens County, was recent of many “firsts” in appointed by Governor Cuomo as a Judge of the Court of the life of Hon. Randall T. Hon. Randall T. Eng Claims in June, 2012. In addition to his judicial work, Eng, who has been a pioneer in diversity among Judge Zayas presently serves on the Judicial Institute’s Asian-Americans in State throughout his Criminal Law Advisory Committee, as the Secretary of the professional career: Association of Judges of Hispanic Heritage and is on the advisory board of the Latino Lawyers Association of • First Asian-American member of the Queens Queens County, which honored him in 2008 for his dedi- County Bar Association, which he joined 39 cation and commitment to the Latino community in years ago in 1973. Queens County. He resides in Little Neck, Queens with his wife, Catherine and their three children. Hon. Richard A. Brown presented Justice Joseph A. Zayas • First Asian-American Assistant District National Hispanic Heritage week began in 1968 and was with the Queens District Attorney’s Hispanic Heritage Attorney in New York State. expanded to a month-long celebration in 1988 as a tribute to Award. Latino-American culture and traditions. Past recipients on Community Colleges (2009) and Justice Fernando M. • First Asian-American Inspector General in the D.A.’s Hispanic Heritage Award include Richard M. Camacho, Administrative Judge, Criminal Term, Queens New York State for the Department of Gutierrez, Former Queens Bar Association President County (2008). Correction. (2011), Mariela P. Herring, Chief of District Attorney Brown’s Gang Violence and Hate Crimes Bureau (2010), *Tangier Harper, is a Foreclosure Prevention Staff • First Asian-American Judge in New York Dr. Eduardo J. Marti, CUNY Vice Chancellor for Attorney for the Queens Volunteer Lawyers Project, Inc. State when he was appointed to the Criminal Court by Mayor Ed Koch in September, 1983.

• First Asian-American State Judge Advocate in the New York Army National Guard. Photo Corner: • First Asian-American Judge to be elected to Supreme Court in New York State (Queens QCBA Installation County) in 1990 and reelected in 2004. • First Asian-American Administrative Judge of the Criminal Term of Queens County Supreme Court when he was appointed in 2007.

Stephanie Miller, Dean-CUNY Law School, • First Asian- appointed to the Barbara Moses, then President-Elect, New York County Lawyers Association; Seymour James, Appellate Division, Second Department. then President-Elect, New York State Bar Association; Domenick Napoletano, then • First Asian-American Presiding Justice of the President-Elect, Brooklyn Bar Association; and Appellate Division, Second Department Samuel Seymour, then President, Bar Association ast the QCBA Installation I have had the privilege of knowing Hon. Randall Dinner. For more photos from the event see “Randy” Eng for over 40 years. We were trial part- pages 6-7. ______Continued On Page 10

INSIDETHISISSUE

Hispanic Heritage Award to Irrevocable Trusts: Irrevocable or Not . . 4 Joseph A. Zayas ...... 1 New pro bono requirements ...... 5 Profile of Justice Randall T. Eng ...... 1 Photo Corner: Annual Dinner ...... 6-7 President’s Message...... 3 MaritalQuiz...... 8 History Corner...... 3 50 Years of Queens Family Court ...... 9 Editor’s Note ...... 4 PoetryCorner ...... 10 2 THE QUEENS BAR BULLETIN – NOVEMBER 2012

THE DOCKET ... 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 Volunteer for made available to members via written notice and brochures. Questions? Please call (718) 291-4500. PLEASE NOTE: The Queens Bar Association has been certified by the NYS Continuing Legal Education Board as an Accredited Legal Education Provider in the State of New York. Sandy Relief

CLE Seminar & Event Listing December 2012 We are asking QCBA members to step forward and volunteer for our disaster relief initiative. Besides helping out at our clinic in Tuesday, December 4 Till Death or Divorce Do Us Part the Rockaways, we will need lawyers to assist going forward in Wednesday, December 5 Advanced Criminal Law Series - Pt 2 areas such as: Tuesday, December 11 Lexis/Nexis Seminar 4:00 - 5:00 pm Thursday, December 13 Holiday Party at Douglaston Manor • Help with insurance and FEMA claims Monday, December 24 Christmas Holiday - Office Closed Tuesday, December 25 Christmas Day - Office Closed • Landlord-tenant matters Monday, December 31 New Year’s Holiday - Office Closed • Foreclosures January 2013 Please contact us and add your name to our Sandy Relief pro bono Tuesday, January 1 New Year’s Day - Office Closed volunteer panel. Monday, January 21 Martin Luther King, Jr. Day - Office Closed Wednesday, January 30 Family Law Seminar To volunteer, please e-mail [email protected] and indicate what type of assistance you could be available to help with. CLE Dates to be Announced

Civil Court Elder Law Insurance Juvenile Justice Professional Ethics 2012-2013 Real Property Officers and Board of Managers Supreme Court & Torts Section Worker’s Compensation of the Queens County Bar Association President - Joseph Risi NEW MEMBERS President-Elect - Joseph F. DeFelice Vice President - Joseph Carola, III Secretary - Jennifer M. Gilroy-Ruiz Spero Michael Andreopoulos Jared S. Henig Treasurer - Paul E. Kerson Daniel Michael Brown Yusha D. Hiraman Class of 2013 Class of 2014 Class of 2015 Josner Bueno Lovera Daniel Scott Klebanoff Gregory J. Brown Chanwoo Lee Karina E. Alomar Rita P. Chang Tara M. Lupoli Tracy Catapano-Fox Timothy B. Rountree Richard Michael Gutierrez Melissa Cara Rose Chernosky Patrick J. McIlwain Mona Haas Zenith T. Taylor Richard Harris Lazarus Joanna Cohen Steven Metcalf, II Gregory J. Newman Lourdes M. Ventura Gary Francis Miret Anthony Colantonio Jade Lacey Morrison Guy R. Vitacco, Jr. Clifford M. Welden James R. Pieret Daniel A. Costigan Alexander C. Nevins Jessica Earle-Gargan Aurelia Marina Pohrib Costas M. Eliades Ali R. Qureshi Arthur N. Terranova . . . Executive Director Jessica Marie Fildes Diana Schioppi Steven Ben Gordon Stephen Schioppi Queens Bar Bulletin Edmond Joseph Hakimian Ariana C. Smith Jeremy S. Hankin Pamela Walitt EDITOR - PAUL E. KERSON Rosemary Harnisher Chris Zanelotti Associate Editors - Gary C. Di Leonardo, Stephen D. Fink, NECROLOGY Richard N. Golden, Manuel Herman, Ilene J. Reichman Publisher: Send letters and editorial copy to: Long Islander Newspapers, LLC, Queens Bar Bulletin, 90-35 148th Street, Joseph A. Baum Martin F. Keane James M. Kruta Jamaica, New York 11435 under the auspices of Queens County Bar Association. The Editor’s Note: Articles appearing in the Queens Queens Bar Bulletin is published Bar Bulletin represent the views of the respec- If you or someone you know is having a problem with monthly from October to May. tive authors and do not necessarily carry the All rights reserved. Material in endorsement of the Association, the Board of alcohol, drugs or gambling, we can help. Managers, or the Editorial Board of the this publication may not be To learn more, contact QCBA LAC for a Queens Bar Bulletin. stored or reproduced in any confidential conversation. form without permission. “Queens Bar Bulletin” Confidentiality is privileged and assured under ©2012 (USPS Number: 252-520) is published monthly except June, July, August and September by Long Islander Section 499 of the Judiciary Laws as amended by The Queens County Newspapers, LLC., 149 Main Street, Huntington, NY Chapter 327 of the laws of 1993. Bar Association. 11743, under the auspices of the Queens County Bar Advertising Offices: Association. Entered as periodical postage paid at the Post Office at Jamaica, New York and additional mailing Lawyers Assistance Committee Long Islander Newspapers, offices under the Act of Congress. Postmaster send Confidential Helpline 718 307-7828 149 Main Street, Huntington, address changes to the Queens County Bar Association, New York (631) 427-7000 90-35 148th Street, Jamaica, NY 11435. THE QUEENS BAR BULLETIN – NOVEMBER 2012 3 PRESIDENT’S MESSAGE

On behalf of the Queens County Bar support and assistance to The Queens County Bar while satisfying CLE requirements. Association I would like to extend our those in need. Thank you for Association is proud of our Please continue to support our well wishes to our members and their your support. Judiciary and we look for- Association and take advantage of the families who were affected by the devas- ward to working with all our opportunity to meet and socialize with tating destruction caused by Hurricane I wish to congratulate Justice newly elected Judges. I wish one another throughout the year to make Sandy. Randall T. Eng on his recent each continued health and our profession more enjoyable and prof- appointment as Presiding success. itable. I thank our members who have volun- Justice of the Appellate teered to assist in providing legal services Division for the Second Congratulations to Judge I urge our members to mark your calen- and advice to those members of our com- Department. Judge Eng has Carol Ann Stokinger and to dar and attend our Holiday Party co-spon- munity who may have been impacted by been a tremendous supporter all Judges and staff of the sored by many fellow Bar Associations to this disaster and to those members who of our Association for many Family Court in celebrating be held at Douglaston Manor on opened up their offices for colleagues dis- years and we extend our best Joseph Risi the 50th Anniversary of the December 13, 2012. placed by this storm. I am honored that wishes as he assumes this new leadership Family Court. our members continue the long tradition role. I thank, once again, our members and the Queens County Bar Association has Please take the opportunity and contin- sponsors for their continued support and maintained to render legal help not only to Congratulations to our newly elected ue to visit our website www.QCBA.org look forward to working with all of you our profession but to our entire communi- Justices of the Supreme Court, Queens to view upcoming events, register for throughout the year. ty when called upon. County: Charles S. Lopresto, Leslie J. CLE Programs and view articles pub- Purificacion and Lawrence V. Cullen. lished in our Bar Bulletin. The Queens If you have any concerns, suggestions In the coming months there will be a Congratulations to our newly elected County Bar Association Academy of Law or comments, please do not hesitate to great need by our community for assis- Judges of the Civil Court: Donna Marie continues to develop and offer outstand- contact me at [email protected] tance with legal issues. We hope that all Golia, Robert Caloras, Laurence Love and ing programs to keep our practitioners or by calling the Queens County Bar our members consider offering their Ulysses B. Leverett. current on ever-changing legal issues, Association at (718) 291-4500.

HISTORY CORNER THE BERTILLON SYSTEM

A lawyer without history or literature is a mechanic The use of the Bertillon System became common a mere working mason; if he possesses some knowledge place in the New York State Courts. For example in of these, he may venture to call himself an architect. People v. Stielow, 160 N.Y. Supp. 55 (Sup. Ct., Erie Cty. — Sir Walter Scott 1916) an affidavit by a Bertillon operator was submitted BY STEVEN S. FINK, ESQ. in support of a motion for a new trial. Fingerprint evi- dence was also utilized in conjunction with the Bertillon identification. In 1893 the New York State Prison Department was experiencing the difficulty faced by other criminal insti- So, what happed to the use of the Bertillon System? tutions throughout the world. Since it had no accurate Frankly, increased technology with fingerprinting led to way to identify recidivists, too many hardened criminals its demise. Additionally, it was discovered that the sys- were being sentenced as first offenders. tem was actually flawed and this reduced its effective- ness. At that time, fingerprinting was not a reasonable alter- native. While it had begun as far back as 1858 when it In 1903, a man by the name of Will West was com- was briefly utilized by a British Magistrate in India, mitted to the Leavenworth, penitentiary. He was experimentation in the use of fingerprint identification photographed and measured using the Bertillon System. progressed slowly. During the 1870s a British doctor, However, it was soon found that his measurements were Henry Faulds, took up the study of skin-furrows as a almost identical to a convicted murder in the same means of identification. By 1880, Dr. Faulds had created prison by the name of William West. Even their photos a system of classification. The use of fingerprints was showed a close physical resemblance. The prison there- eventually used to assist in identification by Scotland fore relied upon fingerprint evidence which proved to be Yard, but only as a supplement to the Bertillon System. more reliable.

Alphonse Bertillon With the onset of fingerprinting and the West inci- dent, the Bertillon System never quite recovered. Alphonse Bertillon was a French police officer and bio- Bertillon himself was a controversial character. He metrics researcher born in Paris in 1853. His system of even testified as a witness for the prosecution in the identification of criminals was based upon physical meas- infamous Alfred Dreyfus affair in 1894 and again in urements and was known as anthropometry. It was the Alphonse Bertillon’s system for identification of criminals 1899. His testimony as a handwriting expert (even first scientific system used by the police to identify crim- was based on distinct measurements. It was eventually though he was not one) led to one of the most famous inals and was eventually supplanted by fingerprinting. supplanted by fingerprinting. miscarriages of justice.

Bertillon’s research was motivated by the rising Bertillon died in Switzerland in 1914. Today his pri- French recidivision rate. In his free time he took meas- The system began to be used in the in mary legacy is the standardization of the criminal mug urements and pictures of his subject. He used the famous 1887, when it was introduced by the Warden of the shot and the evidence picture. Bertillon also created other La Sante Prison in Paris to do his work. It was his Illinois State prison at Joliet. It was widely accepted and forensic techniques, including forensic document exami- research that we see today in the continued use of the so- was the dominant criminal identification system for nation and the use of galvanoplastic compounds to pre- called “mug shot.” almost three decades. serve footprints.

By 1882, Bertillon was ready to show his research to In New York, the prison department encouraged its use Further Reading the public. In the system, the person was identified by to identify criminals. In June of 1893, an “indexer” was measuring the head and body. Tattoos, scars and other hired for the Bertillon System. A bureau was actually As always there is lots of information to be found on distinct markings were referred to in order to distinguish established to create the necessary files. It was initially the internet. The Bertillon System can be found in litera- criminals. The measurements were made into a formula housed in Room 111 of the State Capital building in ture including a reference in the Sherlock Holmes story that would apply to only one person and would not Albany. In 1896, at Sing Sing, a program was established The Hound of the Baskervilles. Bertillon may also be change. In 1884, the French police used the Bertillon to teach the intricacies of the system. Prisoners were found in Caleb Carr’s novel The Alienist, and Ross System to help capture 241 repeat offenders. This event measured at each of the State’s prisons and duplicate MacDonald’s, The Drowning Pool. established the system’s effectiveness and began its wide- Bertillon cards were created so as to establish a central spread use. In contrast to fingerprinting, the system lent state index. By the end of the first year 16,000 Bertillon Also see: http://en.wikipedia.org/wiki/Alphonse_Bertillon; itself to the creation of what seemed to be a reasonable cards were on file and 131 criminals in the state prisons http://criminaljustice.state.ny.us/ojis/his-tory/bert_ny.htm; and method of classification in contrast to the furrows of fin- were found to be recidivists. Discussions began as to the http://www.nleomf.org/museum/news/newsletters/on- gerprinting. need to establish a national system. line/november-2011/bertillon. 4 THE QUEENS BAR BULLETIN – NOVEMBER 2012 EDITOR’S NOTE Understanding the Queens DWI Court BY PAUL E. KERSON The simple answer is this: the Kew Gardens courthouse. Monitor (SCRAM) for a minimum of 90 Only drink soft drinks at Depending on the facts days and completion of the DWI Victim Driving While Intoxicated (DWI) and social gatherings. It turns out and circumstances, DWI can Impact Panel. its cousin, Driving While Impaired, are that this is not so simple. The be charged as either a misde- The entire program is one year long crimes unlike any other. See New York soft drinker is mocked. “Ah, meanor or a felony. and consists of three phases: beginning Vehicle and Traffic Law Sections 1192, one drink won’t hurt you,” or Thomson-West treatment, beginning a vocational-educa- 1192-a, 1193, 1194, 1194-a, 1195, and “Can’t you hold your liquor?” Publishing Co. has just issued tional plan and re-entry into the commu- 1196. are statements directed at the a new book on DWI (also nity and graduation requirements. The main victim in these cases is often person who tries to comply. called DUI - Driving Under Monthly appearances in the DWI Court the defendant himself or herself. The How about a “designated the Influence) called are required to monitor the defendant’s drunk or high-on-drugs defendant can run driver,” one who will drive Preparing a DUI Defense - A progress. If the program is successfully his or her car off the road into a tree and everyone else home and not Practical Guide for Defending completed, the charge is reduced to a wind up in the hospital. Passengers, drink? Try this among the DUI Cases by John Ingrassia misdemeanor and the sentence is three passers-by and occupants of adjacent people who work in Queens Paul E. Kerson and Kathleen V. Wells. It is years probation. vehicles can also wind up seriously County who live all over the map, from well worth purchasing. Justice Hirsch does a terrific job pre- injured, even killed. Goshen to Riverhead. If you cannot get a misdemeanor plea siding in this Part. Defendants are literal- There is such temptation to commit So we will continue to be inundated in Criminal Court, consider the Queens ly applauded for meeting their goals and this crime. Virtually every social gath- with DWI cases. How to cope with them? DWI Court. It is designed for non-violent staying alcohol or drug free. ering is “lubricated” with wine, beer The DWI defendant usually has no crim- first felony DWI defendants who are 18 If only our Queens DWI Court’s philos- and harder stuff. Even one glass of wine inal record for any other crime. years of age or older, have alcohol or ophy could be extended to other types of or one beer can slow a person’s reaction We in Queens County are blessed with drug problems, no severe mental health crimes, our society would take a great step time in getting one’s foot from the gas a District Attorney and Administrative issues and no associated physical injury forward. Criminal conduct of all types is pedal to the brake pedal. Slowing that Judge who understand all of the above to others. based in some type of mental health prob- time by just a few seconds is often the considerations. Last year, the special In exchange for no jail time, the penal- lem, problems that can be dealt with suc- difference between a serious accident Queens DWI Court was established. ties are as follows: revocation of the cessfully with the type of careful medical and an ordinary drive to the grocery Justice Marcia P. Hirsch presides in this drivers’ license, placement on the and educational approach utilized in the store. Part on the 3rd floor of the new wing of Secured Continuous Remote Alcohol Queens DWI Court. Irrevocable or Not? BY: ANN-MARGARET CARROZZA, ESQ. that will thwart one’s estate tax unwilling or unable to give from one irrevocable trust into another planning goals and should consent. If, for example, a trust. This allowed a Trustee with unlim- New York estate planners have more thus, be modified: beneficiary is a minor, under a ited discretion to distribute principal to a tools than ever before with which to • The settlor retains an disability or, in the case of a beneficiary, to exercise this power in favor revoke or amend existing irrevocable income interest in the testamentary trust, the Grantor of a new trust for the benefit of that bene- trusts. Trust settlors and drafters need to property gifted into trust.5 has died, then E.P.T.L. §7-1.9 ficiary. Thus, the terms of the new be aware of the ways trusts can later be • The settlor retains the right will not be of use. ‘appointed’ trust could be customized changed in order to ensure that their orig- to use, or in the case of Relief under this section even though a necessary party was unable inal objectives are later carried out. real estate, to occupy the may still be had when a Settlor to give the consent required for amend- There are many reasons one may wish gifted property.6 is incapacitated provided he or ment under E.P.T.L. §7-1.9. to revoke, modify or ‘edit’ an existing Alternatively, the trust may she has a Power of Attorney. New York’s original Decanting statute irrevocable trust. The trust may have been have been drafted perfectly but In a recent decision, the seemed, to many, a logical extension of a improperly drafted. Examples of this, circumstances may have Ann-Margaret Carrozza Appellate Division, Second Trustee’s unlimited discretion. If a Trustee unfortunately, abound in the waning changed. A named beneficiary may have Department held that the Settlor’s agent has such broad discretion that he or she weeks of 2012. This is because the cur- been discovered to have a developmental under a Power of Attorney may give the may pay all, none, or some of the trust’s rent federal lifetime gift tax exemption of disability, substance abuse or other issue not necessary E.P.T.L. §7-1.9 consent on his principal, it wasn’t really a radical game $5.0 million1 is set to expire as of apparent at the time the trust was created. or her behalf.viii In light of this decision, change for the law to allow the exercise of December 31, 2012.2 There seems to be a The family may now wish to alter disposi- a trust Settlor desirous of preventing this discretion in favor of a trust for the mad rush to utilize this credit in order to tions to that individual provided for in the future modification, may consider modi- benefit of the same beneficiary. reduce one’s gross taxable estate.3 Rather original trust instrument. fying his or her Power of Attorney to pre- Relief under the original decanting than make these gifts outright to individu- vent an Attorney in Fact from giving statute was unavailable to a Trustee whose als, it is usually advisable to make gifts to E.P.T.L. §7-1.9 E.P.T.L.§7-1.9 consent. discretion to distribute principal was lim- a trust. This gives families the advantage ited in any way. Even the commonly used of protecting the gifted property from the E.P.T.L. §7-1.9 provides the most effi- E.P.T.L. §10-6.6 ‘Health, Education and Maintenance’ future possible liabilities of the ultimate cient means of changing an irrevocable standard prevented a Trustee from decant- beneficiaries.4 In order for the gift into trust. It allows that the Settlor, upon writ- If E.P.T.L. §7-1.9 relief is for any rea- ing. The new law remedies this-and then trust to remain outside of the settlor’s ten consent of all those beneficially inter- son unavailable, certain trust Terms may some… gross taxable estate, there are certain tech- ested in the trust property, to amend or be changed by decanting. In 2011, NewYork State expanded the nical requirements that must be met. The revoke a trust in whole or in part.7 This In 1992, New York became the first decanting statute to give Trustees following are examples of trust provisions relief is not available if any beneficiary is state to allow trust assets to be decanted ------Continued on page 10 NOTICE.....NOTICE.....NOTICE The Queens County Bar Association is in Upon termination of this Retention funds in the sum of $85,195.00 was Funds that have accumulated as a result of receipt of funds which have accumulated Agreement, remaining funds in the Claims received by the Queens County Bar the Retention Agreement for the overall ben- pursuant to the termination of a Retention Stabilization Reserve was held for 18 Association on December 12, 2010, efit and use of our membership. Queens Agreement made, as of December 1, 2003, months to allow for claim run off, and any drawn upon by US Life. County Bar Association has long term plans between US Life, JTL Services Corp. and funds remaining were returned by US Life Upon receipt of this notification, the to provide all our members enhanced bene- several Bar Associations. to the participating Bar Associations, Board of Managers requested our fits which will necessitate expenditures from The purpose of the Retention including Queens County Bar Association Administrator, Affinity Insurance Services these excess reserve funds. Agreement was to protect the Group Term as an “experience refund” for which each to aid us in determining how we might dis- In addition, the Queens County Bar Life Insurance Program from adverse association agreed to indemnify each tribute these funds. After researching the Association seeks to provide at no cost to experiences and to allow individual Bar other from any liability. matter, Affinity advised us they were our members on line legal research, e-fil- Association Members and Insurance Subsequently, in August, 2008, the unable to provide information which would ing and enhanced website service by use Policy Certificate Holders to receive the Queens County Bar Association received be of any help in determining the names of of our members. The Queens County Bar benefit attributable to favorable experi- from the servicing agent, AON Affinity the insured parties nor any methodology by Association intends to modernize the pub- ences on a year to year basis. US Life Insurance Services a check drawn upon which same could be computed. lic portions of our facility for the members agreed to limit rate increases or benefit US Life for $482,521.00. In April, 2009 a Accordingly, there appears to be no and the public use and enhance our com- changes and further agreed that no insured further check, drawn upon US Life, was way to reconstruct any accurate account- munity outreach. member, as long as otherwise eligible received by the Queens County Bar ing concerning the returned funds, who These funds will be dedicated for the under applicable policy terms and condi- Association in the amount of $90,401.00. was covered during the specific months or general good of the members of the tions and as long as a member of a On August 26, 2009 the Queens County years in question and what portion, if any, Queens County Bar Association. Should Participating Bar Association could not be Bar Association received notice that the of this fund may apply to these persons. you have any comment please do not hes- non-renewed for any reason except non- US Life Agreement would be terminated The Queens County BarAssociation seeks itate to contact our Executive Director, payment of premium. by US Life as of April 1, 2010. Additional to utilize the Claims Stabilization Reserve Arthur Terranova. THE QUEENS BAR BULLETIN – NOVEMBER 2012 5

The New York Center for New Pro Bono Neuropsychology Requirements For & Forensic Behavioral Science

Bar Admission Dr. N.G. Berrill, Director

Pursuant to section 53 of the where the services are per- Judiciary Law, it is hereby formed. ORDERED, that Part 520 of the (c) Supervision required. All qual- Rules of the Court of Appeals for the ifying pre-admission pro bono work Over 25 Years Admission of Attorneys and must be performed under the supervi- [ \ Counselors at Law (22 NYCRR Part sion of: 520) is amended, effective January 1, (1) a member of a law school facul- 2013, or as soon thereafter as section ty, including adjunct faculty, or 52 of the Judiciary Law is complied an instructor employed by a law Providing Consultation to Attorneys with, to add section 520.16 thereto. school; Section 520.16 provides as follows: (2) an attorney admitted to practice & the Courts on Psycho-legal Matters and in good standing in the § 520.16 Pro Bono Requirement for jurisdiction where the work is Bar Admission performed; or (a) Fifty-hour pro bono require- (3) in the case of a clerkship or • Criminal Cases: ment. Every applicant admitted to the externship in a court system, by Competency Issues, Criminal New York State bar on or after January a judge or attorney employed by 1, 2015, other than applicants for the court system. Responsibility, Extreme Emotional Disturbance, Risk admission without examination pur- (d) Location of pro bono service. suant to section 520.10 of this Part, The 50 hours of pro bono service, or Assessment, Sex Offender Workups & Dispositional shall complete at least 50 hours of any portion thereof, may be complet- qualifying pro bono service prior to ed in any state or territory of the Planning filing an application for admission United States, the District of with the appropriate Appellate Columbia, or any foreign country. Division department of the Supreme (e) Timing of pro bono service. • Matrimonial & Family Court Cases: Court. The 50 hours of pro bono service may (b) Pro bono service defined. For be performed at any time after the Custody/Visitation, Neglect/Abuse, Termination, purposes of this section, pro bono commencement of the applicant’s service is supervised pre-admission legal studies and prior to filing an Delinquency, Family Violence, & Adoptions law-related work that: application for admission to the New (1) assists in the provision of legal York State bar. services without charge for (f) Proof required. Every applicant (i) persons of limited means; for admission shall file with the appro- • Civil Cases: Competency Issues, Head Trauma, (ii) not-for-profit organizations; priate Appellate Division department or an Affidavit of Compliance with the Sexual Harassment, Discrimination, Immigration, (iii) individuals, groups or Pro Bono Requirement, describing the organizations seeking to nature and dates of pro bono service & Post-Traumatic Stress Disorders secure or promote access and the number of hours completed. to justice, including, but The Affidavit of Compliance shall not limited to, the protec- include a certification by the supervis- tion of civil rights, civil ing attorney or judge confirming the liberties or public rights; applicant’s pro bono activities. For (2) assists in the provision of legal each position used to satisfy the 50- assistance in public service for a hour requirement, the applicant shall Comprehensive Diagnostic & judicial, legislative, executive or file a separate Affidavit of other governmental entity; or Compliance. Treatment Services (3) provides legal services pursuant (g) Prohibition on political activi- to subdivisions two and three of ties. An applicant may not satisfy any section 484 of the Judiciary part of the 50-hour requirement by Law, or pursuant to equivalent participating in partisan political activ- legal authority in the jurisdiction ities. MAIN OFFICE 26 Court Street, Suite 1711, Brooklyn, NY 11242 DUFFY & POSILLICO AGENCY INC. 718-237-2127 Court Bond Specialists BONDS*BONDS*BONDS*BONDS LONG ISLAND OFFICE 45 North Station Plaza, Suite 404, Great Neck, NY 11021 Administration • Appeal • Executor • Guardianship 516-504-0018 Injunction • Conservator • Lost Instrument Stay • Mechanic’s Lien • Plaintiff & Defendant’s Bonds MANHATTAN Serving Attorneys since 1975 139 Manhattan Avenue, New York, NY 10025 Complete Bonding Facilities 212-280-3706 IMMEDIATE SERVICE!

1-800-841-8879 FAX: 516-741-6311 WWW.NYFORENSIC.COM 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) [email protected] NYC Location: 108 Greenwich Street, New York, NY 10006 6 THE QUEENS BAR BULLETIN – NOVEMBER 2012

PHOTO CORNER

Annual Dinner & Installation, May 3, 2012

Henry and Stephanie Quintin, Joseph, Karen and Hon. Allen Beldock, Hon. Nicholas Garaufis, Hon. Hon. Arthur Cooperman, Hon. Sid Strauss, Hon. Christopher Risi. Fred Santucci and Hon. William Mastro Darrell Gavrin and Hon. Fernando Camacho

Hon. Fred Santucci, Hon. Gail Prudenti, Hon. Hon. Bernice Siegal, Hon. Carol Stokinger and Hon. Paul and Barbara Goldstein, Jay Abrahams and Seymour Boyers, Hon. Richard Brown and Hon. Dennis Lebwohl Steve Wimpfheimer. Fernando Camacho.

Paul Vallone, Hon. Peter Kelly, Hon. Nicholas Paula and Paul Pavlides, Guy Vitacco, Joe DeFelice Camila Popin, Sandy Munoz, Frank Livoti and Garaufis and Joseph Risi. and Cathy Lomuscio. Margaret Mulrooney.

David Cohen and Hon. Audrey Pheffer. David Rosen, Ilene Fern and Joseph Cristiano. Joseph Risi, Seymour James, Hon. Sidney Strauss and Hon. Joseph Risi

Photos by Walter Karling THE QUEENS BAR BULLETIN – NOVEMBER 2012 7

PHOTO CORNER

Annual Dinner & Installation, May 3, 2012

Hon. Peter Vallone, Arthur Terranova and Hon. Hon. Sandra Sgroi, Hon. Sheri Roman and Hon. Hon. Thomas Raffele, Karina Alomar, Geo Nicholas Charles Lopresto. Phyllis Flug and Gary Muraca.

John Lopresto, Guy Vitacco, Teresa Spina and Maria Joseph Risi, Marshal Edward Guida, Hon. James Marc Leavitt, John Duane, Ira Greenberg and Paul DeBonis Golia, Hon. Peter Vallone and Jack Scheich. Kerson.

Mona Haas, Hilary Gingold, Linda and Edward Robert Frommer, Caroline Caulfield and Maya John Lopresto, Hon. Anthony Gazzara and Douglas Rosenthal. Petrocelli. Fanning.

Hon. Fernando Camacho, Jules Eingoren and Joseph Charles S. Lopresto, II - Musician for the cocktail Hendrie. hour. 8 THE QUEENS BAR BULLETIN – NOVEMBER 2012 Marital Quiz

BY GEORGE J. NASHAK JR.* Question # 6 - May the trial court order the payer spouse to Question #1 - Is bonus award- cover the payee spouse with ed after the commencement of health insurance beyond the an action for divorce subject to period for which it awarded equitable distribution? maintenance?

Your answer - Your answer -

George Nashak, Jr.

Question #7 - May the court order a spouse Question #2 - Maintenance is retroactive to provide health insurance for his or her to the commencement date, does payer spouse, if maintenance is not awarded? spouse receive a credit for voluntary pay- ments made on behalf of emancipated Your answer - children of the parties?

Your answer -

Questions #8 - Should the payer parent’s Family Court petition to terminate his child support obligation be dismissed, Question #3 - When a judgment does not because the parties’ stipulation of settle- accurately incorporate the provisions of a ment in their divorce action provided that stipulation of settlement, is the preferred he would not bring on any application to remedy (1) to move in the trial court to modify his child support obligation? resettle or vacate the judgment or (2) an appeal? Your answer -

Your answer -

Question #9 - Is a rent controlled lease- hold property distributable for purposes of equitable distribution? Question #4 - The parties’ stipulation of settlement, which was incorporated in and Your answer - survived their judgment of divorce, did not provide for a reduction in child sup- port after one of their two children became emancipated. Was it proper for the Family Court to refuse to reduce the payer’s child support obligation after one of the parties’ children became emanci- pated? Question #10 - Does the Supreme Court Your answer - have the authority to decide which party in a matrimonial action is entitled to pos- sess nondistributable property (i.e. a rent controlled apartment)?

Your answer -

Question #5 - Is it possible for a par- ent who has custodial rights to a child to be guilty of kidnapping that child?

Paying Too Much To Be On The Web? Your answer - *Editor’s Note: Mr. Nashak is a Past Under $200 President of our Association and Vice- Complete Package - Web Site & Domain Name Chair of our Family Law Committee. He is a member of the firm of Ramo Nashak Our Never Released Premium List Brown & Garibaldi LLP * Queens County Domain Names * ANSWERS APPEAR ON PAGE 11 THE QUEENS BAR BULLETIN – NOVEMBER 2012 9 Trials and Tribulations - Fifty Years of Family Court

BY MERYL KOVIT wait in the women’s powder chamber. 12 jointed” solutions to Queens Family and room pending disposition of The Queens Family Court Civil Courts “troubles” and urged consid- This is the second of a series of articles their cases and their transfer to was still housed in the Union eration of “government facilities in a cen- on Queens County Family Court. shelters.” 5 Hall Courthouse (a.k.a the trally-located complex.” 15 Judge Hill, as well, can also snake pit) in 1964 and prob- The Long Island Daily Press reported The Family Court opened its doors on possibly be credited with begin- lems with the physical struc- in December, 1964, that “Mrs. Martha K. September 1, 1962. Just seventeen days ning the Family Court tradition, ture, never built to be a Family Zelman, president of the Queens County later, on September 17th, 1962, Father which would be followed by so Court, as well as the expand- Women’s Bar Association,” would be Knows Best went off the air.1 It can be many over the next fifty years of ing plethora of family prob- attending the planning commission argued that the last episode of Father regularly reciting the psalm lems, and related increase in meeting (which was to be held in the Knows Best was possibly the more memo- regarding the need for more caseload, perhaps related to library on Parsons Boulevard) and Mrs. 6 rable event of September 1962 for many Judges. Meryl Kovit the cancellation of Father Zelman is credited with reporting to the New York City families. Both events fore- In 1961, New York State reor- Knows Best, or perhaps not, press that the Family Court on Union shadowed the many changes in the family ganized its entire court structure. continued. Hall failed to “observe the basic rules of which were about to happen. Fifty years The Family Court was created. From Queens Family Court Senior Judge hygiene.....” Mrs. Zelman said that “the later, Kitten, Princess, and Bud,2 their stay September 1962 to August 1963, the first Peter M. Horn wrote a letter to Mayor children’s lunch is prepared next to an at home mom, and father who knew best, year of the new Family Court set up under Wagner, about 1964, in which he reported open toilet. There is no other place to are just not recognizable as a typical the Court Reorganization Act,7 Queens from the front lines that help was needed prepare food. This court has been American family. Family Court held 27,296 hearings.8 in the form of a new building to house the described as a “snake pit” and as “out of To fully grasp the look and feel of the Hundreds of other cases were settled by a Family Court, as amongst the many prob- a Dickens’ tale.” 16 new Family Court on opening day in “new” screening process. There was a lems, regarding space was that “the deten- If this were a tale written by Mr. September, 1962, we need to rewind the “newly” set up marriage and conciliation tion rooms where the young people are Dickens, he would now pause to fill the history tape briefly. It’s 1959, Judge John service — deemed a “chamber of horrors” kept are illustrative of what happened in reader in on the following: the open toilet, Warren Hill, is the Presiding Justice of the to both counselors and the “troubled” fam- the Dark Ages. Parents and children, while not hygienic, sat open, approximate- New York City Domestic Relations Court, ilies seeking advice. It appeared that “con- many of them troubled and disturbed sit in ly four years after the conclusion of a law- the predecessor court to Family Court, and stant yelling and screaming can be heard a dingy, cell-like room.” 13 suit by counselor Marie A. Beary that he is preparing to retire. Judge Hill’s writ- coming from the counseling rooms. There About this same time Henry Eisenberg, resulted in her being granted permission to ing that year reflects a man who saw his appeared to be a problem in that two coun- the chairman of the Domestic Relations become a member of the Queens County retirement as an opportunity to blast city selors were using one room at the same Law Committee of the Queens County Bar Bar Association. Prior to the lawsuit, the officials as to their treatment of the Court. time. The counselors were forced to con- Association told the Queens County Bar QCBA membership policy was: NO His writing also provides an enlightening fer with two troubled families and their Association President, Nat H. Hentel, that GIRLS ALLOWED. 17 starting point for understanding how fami- attorneys at the same time in order to keep conditions in the Family Courthouse are Beary’s success has lived on. This ly issues have been treated in the court sys- up with the caseload.” 9 “shocking.” Eisenberg also reported that writer is a long term member of the tem and, as well, by the collective political This is what was happening on the “There is obviously a crying need for a Queens County Bar Association and had powers of the day. inside. It was said, however, that from the new building for the Family Court.” The no problems getting my membership Judge Hill wrote, in his last annual outside the original Union Hall Street Chair of the Domestic Relations application approved even though the report on the Court, about “the failure of Courthouse, between Liberty Avenue and Committee, recommended that the Bar female box is checked on my birth certifi- the city government, over the years, even South Road, Jamaica, was reported as Association “add to its efforts for a new cate — and while women are regularly down to the present, to fully recognize the “impressive from the outside with its Civil Court, the obtaining of a new Family admitted to membership in the Queens usefulness of this court and to provide this bright red brick and tall marble columns.” Court so desperately needed.” A site large County Bar Association, the Queens court with adequate staff and services.” 3 However, once inside Judges and lawyers enough to house both courts under one County Women’s Bar Association also Judge Hill validated his argument with sta- agree “once you walk through the front roof or adjoining buildings was being sug- continues to flourish. tistics showing that the “hearings and door, the place is “a snake pit.” 10 gested. 14 The many participants in the discussion rehearings” increased by seventy percent The Union Hall courthouse used to The discussion as to where to house the regarding a new home for the Queens from 1934 to 1958 — however, the court’s house the Family Court on opening day, new Family Court continued; a mini saga County Family Court failed to achieve a staff during the same time had increased September 1, 1962, had been built in 1932, in the longer fascinating history of the long term solution for the children serv- only thirty-five percent. He wrote about a and had been planned and built to house Court itself. In 1965, the Queens County iced by the Queens County Family Court. grave need for more probation officers, only Children’s Court, for matters involv- Bar Association supported the use of the In the end, the President of the Women’s typists, and clerks to handle the booming ing those under 16 years of age. Union Queensborough Central library in Jamaica, Bar, did go along with the “piecemeal and caseloads.4 Looking back from the vantage Hall had one courtroom and one chamber on Parsons Boulevard, as a temporary disjointed” solution which the President of point of fifty years of Family Court, the for one judge. The Judge handled papers home for the Family Court — meanwhile, the Queens County Bar Association spoke most historically relevant statement made for about 6,000, cases.11 a centrally located complex for all courts against.18 In doing so, Mrs. Zelman said in in his annual report was his specifically In 1962, the Domestic Relations Court was under consideration as a plan for the December, 1964, “we are looking for a citing the need for a new space for the expanded to cover Children’s court and future. The Queens County Bar way to meet... the immediate needs of Queens court due to the following war non support cases, thus creating the Association emphasized, referring to the Family Court... not for some new monu- story — perhaps one of the earliest record- Family Court, about 28,000 cases were library building that the association does mental building in the far distant future.” 19 ed Family Court war stories of all time: processed together through the same not recommend “this temporary usage as a Ultimately the Parsons Boulevard “Until a supervising probation officer courthouse building in Union Hall. At that permanent solution” for the Family Court library came to be the new Family Court was chased out of her small office to make time, in 1962, three makeshift courtrooms needs and urged that the City Planning site — the library vacated about 1966,20 room, girls in detention were obliged to were set with three judges sharing one Commission reject “piecemeal and dis------Continued on page 11

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ARE WE NUTS? JURY’S OUT Alas said the foreman Strange as it seems, It’s time to decide, I must confess, That lawyer was sharp And very wise There’s a certain excitement, When living with stress. Oh yes pronounced another So intuitive was he, And kind can’t you see? Although it’s a challenge His cause seemed so just To function, with tension, Bob Sparrow that is what I surely see Such a lifestyle adds Joseph DeFelice A special dimension. A third juror spoke up And she declared, To watch, in amusement, Oh yes, I saw sincerity Inside to the courtroom Most people prefer Those indulging in leisure, In that lawyer’s eyes, The lawyer paced, The serene and mundane, A man you can trust As he looked to the clerk with a worried While action and pressure So clear to me face, But some have a need Is their ultimate pleasure. Has there been a question? For an existence insane. Alas said another Did they send a note? I am confused, Again, it’s strange, Which way should we turn? To run - to achieve - Oh no said the clerk That we successfully thrive, Should the vote be yes? The jury is torn, At a pace most frenetic, But an occasional Gelusil Or should it be no? Who knows which way Leaving sitting and loafing Helps us to survive! This jury will turn To those less energetic. Outside paced the lawyer In the empty hallway so dim, * Joseph F.DeFelice is President-Elect of Walking up and down the Queens County Bar and maintains his And round and around office for the practice of law in Kew Gardens neys across New York State, a position he Profile of: held for nearly ten years. As State Judge and ultimate remainder beneficiary. Advocate, Colonel Eng instituted many Irrevocable or not? reforms, encouraging JAG officers to con- Randall Eng Continued from page 4 Reformation tinue their military/legal education at The Continued from page 1 Judge Advocate General’s Legal Center greater power to modify existing trusts. If statutory relief is unavailable, one ners in the Homicide Bureau of the Queens and School, located in Charlottesville, Now, a Trustee with limited discretion may petition the Court for reformation. County District Attorney’s Office and trial Virginia. He also organized the Eastern may decant trust assets into a trust The Power of the Surrogate’s Court to partners again in the Supreme Court Trial States JAG Conference, which was held which can provide, among other things, reform a trust rests in the Court’s inherent Bureau, working the same Part before every other year (alternating with the for a longer term than the original trust. equitable powers. In the case of a drafting Supreme Court Justice Nicholas Ferraro in Western States JAG Conference) for the If, for example, a trust for the benefit of error or change in circumstance, the Court the late-70’s. The life of Randall T. Eng has senior leadership in the JAG Corps of both a minor was scheduled to terminate will attempt to ascertain and then effectu- been a tapestry of diligence, perseverance the active and reserve components of the upon the child reaching 18, the new trust ate the intent of the Settlor. and opportunity. Justice Eng had the pow- United States Army. may extend the term to a later date. erful immigrant influence of hopes and Justice Eng, aka Colonel (Retired) Eng is During the extended portion of the term, Conclusion dreams for a better life and a bonding with Second Vice President of the Veterans of the the Trustee’s discretion can now be the Asian-American community, but per- Seventh Regiment, located in the Park made to be unlimited. Trust Settlors and drafters who do not sonally, he had a desire to forge a career Avenue Armory in Manhattan as well as The expanded decanting statute also wish for trust terms to be later amended path for himself encompassing all commu- being a proud member of American Legion permits a trustee to confer a presently need to create documents that are both nities and cultures. Justice Eng’s ‘roots’ are Lt. Kimlau Memorial Post 1291, which is exercisable or testamentary power of unambiguous and flexible. This will in Queens and he has served from judicial headquartered on Canal Street in Manhattan. appointment, provided that marital reduce the likelihood of a need to interpret benches and administrative chambers for With his devotion to education and alma deduction status is not thereby jeopard- and/or modify trust terms later. decades in the venerable and esteemed mater, Justice Eng has served on the ized. If, for example, a Settlor estab- courthouses of the complex web of cultures Board of Directors of St. John’s lished a trust for the lifetime benefit of Reprinted with permission from the New that is the Borough of Queens. Judge Eng’s University School of Law since the mid- his surviving spouse, the trustee would York Law Journal, September 17, 2012, career has also been a role model for 1990’s. He also taught Criminal Law as not be able to later decant the assets into Vol. 248 No. 54, published by ALM, 120 progress in civil rights through merit and an Adjunct Professor to first-year law stu- a new (appointed) trust giving the life- Broadway, New York, NY 10271. achievement. Time and again, when each dents at St. John’s. He was recognized by time income beneficiary a presently of the “Firsts” listed above came to pass, the Armed Forces Alumni and Student exercisable power of appointment.ix On Ann Margaret Carrozza is a member of Randall T. Eng was the candidate best suit- Chapter of St. John’s Law School Alumni the other hand, there appears to be no the Queens County Bar Association and a ed for that position. When Judge Eng was Association with their Distinguished prohibition against giving the surviving practicing elder law and estate planning sworn in by Mayor Koch in 1983, THOU- VeteranAlumni Award in 2010 and he was spouse a testamentary power of appoint- attorney. SANDS of people from the Asian- honored by the Asia Pacific American ment. This could result in substituting American community and their friends, Law Students Association (APALSA) of new remainder beneficiaries for those 1. NY does not currently have a gift tax came out to see the swearing-in. There St. John’s Law School, in January, 2012. named by the Settlor. Drafters and 2. The Tax Relief, Unemployment Insurance were so many spectators thronging City In summary, the newly-appointed Settlors of marital deduction trusts must Reauthorization, and Job Creation Act of 2010 Hall Park that instead of having the cere- Presiding Justice of the Appellate Division, now address this possibility. The new (Pub.L. 111-312, 124 Stat. 3296, H.R. 4853) mony inside, Mayor Koch had to do it on Second Department, Hon. Randall T. Eng statute does enable one to ‘opt out’of its The federal estate tax threshold as of January the steps of City Hall! is well grounded in both courtroom proce- provisions.10 The bigger question con- 2013 is currently scheduled to be $1.0 million Justice Eng has a thorough grounding in dure and practice and court administration cerns trusts created prior to the enact- with a top federal estate tax rate of 55%. This administrative practice as well as decades and this author believes you will find ment of § E.P.T.L. §10-6.6(b). How is on top of state estate tax with a partial deduc- of courtroom and procedural experience. Presiding Justice Eng to be capable, per- could a Drafter opt out of the provisions tion for state estate taxes paid. He has served as President of the sonable, diligent, patriotic, innovative, a of a subsequently enacted yet retroac- Levels of protection afforded to trusts vary Association of Supreme Court Justices of champion of education, and possessed of tively effective statute? Perhaps a depending upon the jurisdiction the City of New York and as a member of encyclopedic knowledge on a vast catalog Trustee may now decant assets into a I.R.C. § 2036(a) the Advisory Committee on Judicial Ethics. of topics pertaining to the court system as new trust for the sole purpose of ensur- 3. Id. He is currently a member of the Permanent well as many other areas. ing that future decanting under the 4. E.P.T.L. § 7-1.9(a). Sentencing Commission for New York expanded statute is not permitted. 5. Matter of Perosi v. LiGreci, 2012 NY Slip State and the New York State Judicial About the Author: Tom Principe is a Decanting relief, though greatly Op 05533, decided July 11, 2012 Institute on Professionalism in the Law. Partner at Kramer, Dillof, Livingston & expanded, is still not available to all trusts. In order to qualify for the unlimited marital Justice Eng was a member of the New Moore in Manhattan, is a former The statute excludes Trustees with a pres- deduction, thereby preventing the assets from York Army National Guard from 1970 to Assistant District Attorney in Queens ent or future beneficial interest in the trust being includible in the first estate, no one other 2004, retiring as the State Judge Advocate County (1973-79), and a member of the from being able to decant. This prohibi- than the surviving spouse may have an interest of that organization, holding the rank of Queens County Bar Association since tion renders decanting relief unavailable to in the trust assets during his or her life. I.R.C. § Colonel. As State Judge Advocate, 1974 where he currently serves on the countless trusts which name the Settlor’s 2056(d)(2). 6. E.P.T.L. §10-6.6(b) Colonel Eng supervised twenty JAG attor- Judiciary Committee. child or other loved one as both a trustee THE QUEENS BAR BULLETIN – NOVEMBER 2012 11 SERVICE DIRECTORY TO PLACE YOUR AD CALL 631-427-7000

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Question #1 - Is bonus awarded after the Answer: Move in the trial court to resettle Slip Op 4206 (Court of Appeals) because the parties’ stipulation of settle- commencement of an action for divorce or vacate the judgment. Ayrovainen v. ment in their divorce action provided that subject to equitable distribution? Ayrovainen 942 NYS2d 187 (2nd Dept. Question # 6 - May the trial court order he would not bring on any application to 2012) the payer spouse to cover the payee modify his child support obligation? Answer: No, the court found that the spouse with health insurance beyond the bonus was compensation for future servic- Question #4 - The parties stipulation of period for which it awarded maintenance? Answer: Yes, Matter of Singer v. Prizer es. Ropiecki v. Ropiecki 2012 NY Slip Op settlement, which was incorporated in and 2012 NY Slip Op 4761 (2nd Dept.) 2475 (2nd Dept.). survived their judgment of divorce, did Answer: No, Noto v. Noto 94 A.D.3d not provide for a reduction in child sup- 1069; 943 N.Y.S. 2d 183 (2nd Dept. Question #9 - Is a rent controlled apart- Question #2 - Maintenance is retroactive port after one of their two children became 2012). ment property distributable for purposes to the commencement date, does payer emancipated.. Was it proper for the Family of equitable distribution? spouse receive a credit for voluntary pay- Court to refuse to reduce the payer’s child Questions #7 - May the court order a ments made on behalf of emancipated support obligation after one of the parties’ spouse to provide health insurance for his Answer: No, Cudar v. Cudar 2012 NY children of the parties? children became emancipated? or her spouse, if maintenance is not Slip Op 4965 (2nd Dept.) awarded? Answer: No, Ropiecki v. Ropiecki 941 Answer: Yes, Matter of Katz v. Dotan Question #10 - Does the Supreme Court N.Y.S.2d 650 (2nd Dept. 2012) 2012 NY Slip Op 4172 (2nd Dept.) Answer: No, Caso v. Caso 205 A.D. 2d have the authority to decide which party in 866; 613 N.Y.S.2d 456 (3d Dept.1994) a matrimonial action is entitled to possess Question #3 - When a judgment does not Question #5 - Is it possible for a parent and DRL §236 (B) (8) (a). nondistributable property (i.e. a rent con- accurately incorporate the provisions of a who has custodial rights to a child to be trolled apartment)? stipulation of settlement, is the preferred guilty of kidnapping that child? Question #8 - Should the payer parent’s remedy (1) to move in the trial court to reset- Family Court petition to terminate his Answer: Yes, Cudar v. Cudar 2012 NY tle or vacate the judgment or (2) an appeal? Answer: Yes, People v. Leonard 2012 NY child support obligation be dismissed, Slip Op 4965 (2nd Dept.)

Next: the 1970’s, more trials, more 5. id. 17. Beary v. Queens County Bar Ass’n, Fifty Years of tribulations... 6. id. 25 Misc.2d 794, 207 N.Y.S.2d 324, see 7. Family Court Building a “Snake Pit,” also Beary v. Queens County Bar Ass’n, Family Court Editor’s Note: Meryl Kovit regularly Long Island Daily Press, Myron Becker, 28 Misc.2d 448, 209 N.Y.S.2d 893. (1960) practices before the Family Court. She January 19, 1964 18. Ask 1 complex, supra. Continued from 9 ------wants to thank Briana Hart and Julia 8. id. 19. Family Court Takes Step to New but the Family Court never moved in until Gonikman, Stony Brook University stu- 9. id. Home, Long Island Daily Press, sometime in the 1970’s.21 Eventually dents, for their help in researching this 10. id. 12/12/1964. there would be a “monumental building” article. 11. id 20. $1.6 Million Voted for Family to house the Queens County Family 12. id Court, Long Island Daily Press, August Court. The monument would require the 1. www.bristol45diner.com, October 5, 13. id 25, 1967; see also Ask 1 Complex to 2012 14. intervention of another woman and the 2. id. House All Queens Courts, January 3, continuation of the telling of the Dickens’ www.wikipedia.org/Father Knows 15. Ask 1 Complex to House All 1965. Best, October 5, 2012 21. Tale, referenced by Martha Zelman, Esq. 3. Queens Courts, Sunday News, January 3, Court’s New Home Almost Ready, Mr. Dickens would leave his readers Cites Critical Need for Family Court 1965. Long Island Press, Sunday, October 31, wondering why and wanting to know Building in Queens, Long island Daily 16. May Use Library For Family Court, 1971 Press, June 15, 1959. more. 4. Long Island Daily Press, December 4, id. 1964

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