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NEW YORK BRIDGE THE GAP NSTITUTE I DAY ONE AND TWO Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers’ Association, 14 Vesey Street, New York, NY th th scheduled for April 17 and April 24 , 2014 CLE Faculty: Eric Engelhardt, CPA, CFP; Richard Grayson, Law Office of Richard Grayson; Dan Jordan, Director of Library Services, NYCLA; Kenneth Landau, Shayne, Dachs, Sauer & Dachs LLP; Hon. Gerald Lebovits, Acting Justice, Sup. Ct., NY County; George Santana, Bronx Criminal Ct.; Alfie Schloss, Senior Security Advisors; Beth Shapiro, Esq., retired from Shapiro, Beilly & Aronowitz NYCLA This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 16 Transitional and Non-Transitional credit hours; 7 Professional Practice/Law Practice Management;. 6 Skills; 3 Ethics This program has been approved by the Board of Continuing Legal education of the Supreme Court of New Jersey for 16 hours of total CLE credits. Of these, 3 qualify as hours of credit for ethics/professionalism, and 4 qualify as hours of credit toward certification in civil trial law, criminal law, workers compensation law and/or matrimonial law. ACCREDITED PROVIDER STATUS: NYCLA’s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the States of New York and New Jersey. Information Regarding CLE Credits and Certification New York Bridge the Gap th th April 17 and April 24 , 2015; 9:00 AM to 4:30 PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. The time will be verified by the Program Assistant. ii. You will receive your MCLE certificate as you exit the room at the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium. iii. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate. iv. Please note: We can only certify MCLE credit for the actual time you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week. v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week. Thank you for choosing NYCLA as your CLE provider! New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 New York Bridge the Gap April 17th and April 24th, 2015 9:00 AM – 4:30 PM AGENDA April 17th: 9:00 AM – 10:40 AM Avoiding Ethical Pitfalls Richard Grayson, Law Office of Richard Grayson NY CLE: 2 Ethics 10:50 AM - 12:30 PM The Application of the CPLR to Criminal Trial Proceedings George Santana, Bronx Criminal Court NY CLE: 2 Professional Practice 12:30 PM – 1:00 PM LUNCH 1:00 PM - 2:40 PM The Everyday Practice of Law Beth Shapiro NY CLE: 1 Law Practice Management; 1 Ethics 2:50 PM – 4:30 PM Effective and Persuasive Legal Writing Hon. Gerald Lebovits, Acting Justice, Sup. Ct., NY County NY CLE: 2 Skills New York Bridge the Gap April 17th and April 24th, 2015 9:00 AM – 4:30 PM AGENDA April 24th: 9:00 AM – 10:40 AM How to Avoid and Protect against a Tax Audit Eric Engelhardt, CFA, CFP NY CLE: 2 Skills 10:50 AM – 12:30 PM Cost Effective Legal Research Dan Jordan, NYCLA NY CLE: 2 Skills 12:30 PM – 1:00 PM LUNCH 1:00 PM – 2:40 PM What You Must Know about Reverse Mortgages Alfie Schloss, Senior Security Advisors N YCLE: 2 Professional Practice 2:50 PM – 4:30 PM From Crash to Cash: Secrets of a Successful Tort Case Kenneth Landau, Shayne, Dachs, Sauer, & Dachs LLP NY CLE: 2 Professional Practice The Application of the CPLR to Criminal Trial Proceedings George Santana, Bronx Criminal Court George M. Santana: Mr. Santana is currently Law Clerk for Justice Carol Sharpe in Bronx Criminal Court. He earned a J.D. degree at CUNY School of Law at Queens College. NEW YORK CONSOLIDATED LAW SERVICE Copyright © 2015 Matthew Bender, Inc. a member of the LexisNexis (TM) Group All rights reserved *** This section is current through 2014 released chapters 1-478 *** CRIMINAL PROCEDURE LAW PART ONE. GENERAL PROVISIONS TITLE A. SHORT TITLE, APPLICABILITY AND DEFINITIONS ARTICLE 1. SHORT TITLE, APPLICABILITY AND DEFINITIONS Go to the New York Code Archive Directory NY CLS CPL § 1.10 (2014) § 1.10. Applicability of chapter to actions and matter occurring before and after effective date 1. The provisions of this chapter apply exclusively to: (a) All criminal actions and proceedings commenced upon or after the effective date thereof and all appeals and other post-judgment proceedings relating or attaching thereto; and (b) All matters of criminal procedure prescribed in this chapter which do not constitute a part of any particular action or case, occurring upon or after such effective date. 2. The provisions of this chapter apply to (a) all criminal actions and proceedings commenced prior to the effective date thereof but still pending on such date, and (b) all appeals and other post-judgment proceedings commenced upon or after such effective date which relate or attach to criminal actions and proceedings commenced or concluded prior to such effective date; provided that, if application of such provisions in any particular case would not be feasible or would work injustice, the provisions of the code of criminal procedure apply thereto. 3. The provisions of this chapter do not impair or render ineffectual any proceedings or procedural matters which occurred prior to the effective date thereof. NEW YORK CONSOLIDATED LAW SERVICE Copyright © 2015 Matthew Bender, Inc. a member of the LexisNexis (TM) Group All rights reserved *** This section is current through 2014 released chapters 1-478 *** CIVIL PRACTICE LAW AND RULES ARTICLE 1. SHORT TITLE; APPLICABILITY AND DEFINITIONS Go to the New York Code Archive Directory NY CLS CPLR § 101 (2014) § 101. Short title; application This chapter shall be known as the civil practice law and rules, and may be cited as "CPLR". The civil practice law and rules shall govern the procedure in civil judicial proceedings in all courts of the state and before all judges, except where the procedure is regulated by inconsistent statute. The civil practice law and rules shall succeed the civil practice act and rules of civil practice and shall be deemed substituted therefor throughout the statutes and rules of the state. Reference to a provision in the civil practice law and rules may, except when such provision is being enacted or amended, be made without indicating whether it is a rule or section. NEW YORK CONSOLIDATED LAW SERVICE Copyright © 2015 Matthew Bender, Inc. a member of the LexisNexis (TM) Group All rights reserved *** This section is current through 2014 released chapters 1-478 *** CIVIL PRACTICE LAW AND RULES ARTICLE 21. PAPERS Go to the New York Code Archive Directory NY CLS CPLR R 2106 (2014) R 2106. Affirmation of truth of statement by attorney, physician, osteopath or dentist [Until Jan 1, 2015, Rule 2106 reads as set out below] The statement of an attorney admitted to practice in the courts of the state, or of a physician, osteopath or dentist, authorized by law to practice in the state, who is not a party to an action, when subscribed and affirmed by him to be true under the penalties of perjury, may be served or filed in the action in lieu of and with the same force and effect as an affidavit. [Eff Jan 1, 2015, Rule 2106 reads as set out below and it section heading reads as follows: "Affirmation of truth of statement [fig 1] ] (a) The statement of an attorney admitted to practice in the courts of the state, or of a physician, osteopath or dentist, authorized by law to practice in the state, who is not a party to an action, when subscribed and affirmed by him to be true under the penalties of perjury, may be served or filed in the action in lieu of and with the same force and effect as an affidavit. (b) [Added, L 2014] The statement of any person, when that person is physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, subscribed and affirmed by that person to be true under the penalties of perjury, may be used in an action in lieu of and with the same force and effect as an affidavit.
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