QueensBAR BULLETIN Queens County Bar Association | qcba.org | 90-35 148th Street, Jamaica, NY 11435 | 718-291-4500 February 2020 | Volume 87, No. 5 FAMILY LAW UPDATE BY: JOSHUA R. KATZ, ESQ 2019 was an exciting year for family law practitioners Another major change to our entire court structure is working on an exciting software release that will in Queens County, and there are many important up- is a proposal to consolidate NYS Courts. Under the streamline and simplify uncontested filings for pro-se dates that will affect the practice of family law for each current proposal, there would become one level of tri- litigants. and every one of us. al courts, thus consolidating Family Court and Civil One other ray of Sunshine: The previous decree in The most imminent, and far-reaching change will Court with the existing Supreme Court. Such a change Queens county that “No application for a matrimonial be the institution of Chief Judge Janet DeFiore’s Pre- would require an amendment to the State Constitution, Preliminary Conference shall be accepted or processed sumptive Mediation Program. At the insistence of the which would need a public vote, but gossip indicates unless proof is provided that an Answer or Notice of Chief Judge, in an effort to reduce caseloads and speed there is support in the legislature for this consolidation Appearance has been filed” has been vacated. Thus, it up litigation, there will be a plan to offer mediation to concept. will no longer be necessary that issue be joined to re- litigants in most types of cases, including matrimonials. Effective December 1, 2019, a new Short Form Ap- quest a Preliminary Conference. This option will be presented at every preliminary con- plication was made available to simplify child support Be aware! As of February 15, 2019, OCA revised the ference, commencing in early 2020, and there will be a collection for uncontested divorce filings. Statement of Client Rights that must be provided to ev- presumption that mediation is appropriate – except in Last year saw the promotion of Justice Jeffrey Sun- ery matrimonial client. Make sure you have the newest cases where orders of protection are in place or issues of shine, Chief Matrimonial Judge in Brooklyn, to a newly version, available on the OCA website, which should domestic violence are alleged. created position as the Statewide Coordinating Judge be attached and included with our retainer agreements. Litigants will be permitted to opt out of mediation. for Matrimonial Cases. Although Judge Sunshine was All practitioners should know the current income Each case selected for mediation will be provided 90 appointed to this position in June 2018, his appoint- “cap” for child support calculations pursuant to the minutes with an assigned and trained mediator free of ment began showing positive effects over the past year. CSSA is $148,000 of combined parental incomes. To charge. If both parties elect to continue the mediation Judge Sunshine has traveled throughout the State to receive an award of support calculated on income above process beyond 90 minutes, then the parties and me- meet with administrative and matrimonial judges, the “cap,” a custodial parent must prove the needs of the diator will agree on a fee structure and enter a retainer and to learn what policies and procedures work – and child(ren) exceed and justify going over the cap. This agreement. which don’t work. A great decrease in delays getting cap is scheduled to increase in March or April 2020 by It remains unclear who the mediators will be. Cur- judgments processed and signed is but one example of the sum of the average annual percentage changes in the rently, there is a mediation program in place in Queens his influence. Uncontested divorce judgments, with or consumer price index for all urban consumers (CPIU) Supreme Court that is underutilized. There are current- without children, are currently being processed by the as published by the United States department of labor ly six mediators on the roster of the court’s mediation Queens County Matrimonial Clerks and assigned to bureau of labor statistics for the prior two years multi- panel. However, due to the volume of cases filed each judges in less than twelve weeks – about one-half the plied by the current income cap and then rounded to year, to effectively implement the policy of presump- time it took one year previously. the nearest one thousand dollars. I don’t understand tive mediation, many more mediators must be trained Judge Sunshine is, also, working to incorporate e-Fil- this either, but look for a change in the cap shortly. and certified. Stay tuned to see if discounted mediation ing for matrimonial cases in Queens County, at least Other numbers to keep note of are the poverty guide- training/certification courses are made available. on a voluntary basis, in the very near future, and he CONTINUED ON PAGE 6 Table of Contents Family Law Update 1, 6 President’s Message 3 Editor’s Note 4 Immigration Questions 5 December 2019 Holiday Party 10, 11 Mediation 14 The Practice Page 15 2 | Queens Bar Bulletin | February 2020 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 Street, New Members Jamaica, NY. Due to unforeseen events, please note that dates listed in this schedule are subject to change. More information and changes will be made available to members via written notice and brochures. Questions? Please call 718-291-4500. Prety Chumber Noah Drucker Campbell Goin Evelyn Gong Navneet Kaur CLE Seminar & Event listings James McEntee Kerins Cynthia C. Santos Sukhbir Singh FEBRUARY 2020 – Office Closed James Tinagero Wednesday, February 12 Wednesday, April 22 Bryan Zukerman Lincoln’s Birthday CLE: Equitable Distribution Update – Office Closed Thursday, April 23 Monday, February 17 CLE: Breakin’ Up is Hard to Do: President’s Day Basics of Business Dissolution – Office Closed Wednesday, April 22 Necrology MARCH 2020 Equitable Tuesday-Thursday, March 3-5 Distribution Update Basic Mediation Training Wednesday, March 11 MAY 2020 CLE: 2020 Ethics Thursday, May 7 Tuesday, March 31 Annual Dinner & Judiciary, Past President’s Installation of Officers & Golden Jubilarian Night Monday, May 25 Memorial Day APRIL 2020 - Office Closed Thursday, April 2 CLE: LGBTQ+ & Immigration/Naturalization UPCOMING Committees SEMINARS Friday, April 10 CPLR & Evidence Update 2020 Good Friday Ethics Update 2020 2019-2020 Officers and Board of Managers of the Queens County Bar Association Lawyers President – Marie-Eleana First President-Elect - Clifford M. Welden Vice President - Frank Bruno, Jr. Assistance Secretary – Adam Moses Orlow Treasurer – Michael D. Abneri Class of 2020 Class of 2021 Class of 2022 Committee Alla Allison Ageyeva Gregory J. Newman Kristen J. Dubowski Barba Gregory J. Brown Deborah M. Garibaldi Charles A. Giudice The Queens County Bar Association (QCBA) provides free Joshua R. Katz Jeffrey D. Lebowitz Richard Michael Gutierrez Michael Kohan Michael Serres Janet Keller confidential assistance to attorneys, judges, law students and Zenith T. Taylor Elizabeth Yablon Andrea S. Ogle their families struggling with alcohol and substance abuse, de- pression, stress, burnout, career concerns and other issues that Queens Bar Bulletin affect quality of life, personally and/or professionally. Executive Director Queens Bar Bulletin Editor Arthur N. Terranova Paul E. Kerson QCBA Lawyers Assistance Committee (LAC) offers consul- tation, assessment, counseling, intervention, education, referral and peer support. 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February 2020 | Queens Bar Bulletin | 3 President's Message Dear Members, are still very much relevant today in Queens County. number of civil court judges and judges in the Appel- As we are now in the midst of the winter season, I While the population of Queens has increased, the leg- late Division of the 2nd Department for the 11th Dis- extend warm greetings to all of you. Year 2020 is now islature and parts of the judiciary in Queens have not trict (Queens) are significantly less than the numbers of in full swing. Congratulations to District Attorney expanded commensurately. their counterparts in other counties and districts.