WWBA April 2017 Newsletter

Westchester Women’s Bar Association 

APRIL 2017 

M 

any WWBA members celebrated 

Read Across America 

day on March 2, 2017 at the 

Eugenia Maria de Hostos MicroSociety 

School, a pre-kindergarten through 

eighth grade school with over 600 students 

located in southwest Yonkers. The 

school’s minority enrollment comprises 

approximately 97 percent of the student 

body. The staff, students and parents 

who compose the community at 

the Hostos School are dedicated to providing 

an atmosphere in which excellence 

and equality in education are valued 

and achieved by every student so 

that they are encouraged to become 

productive and successful members of 

our multicultural society. 

The WWBA was one of the first 

chapters of WBASNY to participate in 

the Read Across America program when 

WWBA 

WWBA PARTICIPATES IN ANNUAL 

READ ACROSS AMERICA DAY 

INSIDE THIS ISSUE 


Foundation to Award 

Justice Sondra M. Miller 

Scholarship 

(page 4) 

An Interview with 

Judge Susan Cacace 

(page 7) 

April Litigation Tip 

(page 9) 

continued on page 6 ➥ 

WWBA Upcoming Events 

(page 12) 

Jacqueline Hattar and Kelly Ficarotta with 

their class 

Westchester Women’s Bar Association News 

news 

www.wwbany.org 

SAVE THE DATE 

GMM: A CONVERSATION 

WITH THE U.S. DISTRICT 

JUDGES IN WHITE PLAINS 

April 4, 2017 

LaBocca Ristorante 

White Plains, New York 

NAVIGATING THE NEW 

MAINTENANCE 

GUIDELINES 

April 24, 2017 

Sterling National Bank 

Tuckahoe, New York 

ABCs ON THE ADA 

May 9, 2017 



PRESIDENT’S 

MESSAGE 

One of the best single 

professional decisions 

a lawyer can 

make is to join and 

become active in the 

Westchester 

Women’s Bar Association. 

After moving 

to Westchester in the 

early 2000’s I was trying 

to get established 

Susan Edwards 

Colson 

and therefore looking for a meaningful 

network. After several unrelated events 

and informal discussions, women who I 

admired suggested to me that I should 

“join the WWBA.” I took their suggestions 

to heart and joined. Their statements 

of encouragement have resulted 

in my involvement now for almost 20 

years. Their viewpoint spread a message 

to me that joining was an important act 

and even an act of critical importance. 

As it has turned out, their encouragement 

to join the WWBA has brought me 

here to serve as president with a long 

history of prior service in various capacities 

and, importantly, many lasting 

friendships. 

After officially joining the WWBA, 

my first step was to join a committee. 

Our committees are the backbone of our 

activities and it is a rare month that the 

calendar is not packed with their fabulous 

programs and CLEs. It is through 

our committees that our members teach 

CLEs, engage speakers, or exchange 

practice tips and solutions. 

One of the formats that has been 

truly useful is the panel discussion. At 

least one per year, and often several, of 


Page 1 

The Westchester Women’s Bar Association is a Chapter of the Women’s Bar Association of the State of New York

WWBA Member Newsletter 


Published Monthly by the 

Westchester Women’s 

Bar Association, a Chapter of 

the Women’s Bar Association 

of the State of New York 

~ 2016/2017 Officers and Directors ~ 

President SUSAN EDWARDS COLSON 

Vice Presidents 

LISA M. DENIG JOELLE M. BURTON JENNIFER N. NETROSIO 

Treasurer 

AMANDA C. FRIED Recording Secretary ANGELA MORCONE GIANNINI 

Corresponding Secretary KIM BERG 

Immediate Past ast President 

ROBIN D. CARTON 

Elected Directors Westchester Board 

GAIL M. BOGGIO HÉLÈNE CÔTÉ AMY E. GEWIRTZ 

LONYA A. GILBERT SHARI R. GORDON 

State Directors Women’s Bar Association of the State of New York 

ROBIN D. CARTON KITLEY S. COVILL DONNA E. FROSCO 

MARIAN GENIO THERESA A. GIROLAMO ANNETTE G. HASAPIDIS JAMIESON L. KEISER 

ADRIENNE J. ORBACH SUSAN MILLS RICHMOND JANE SILVERMAN 

Executive Director ELISABETH CAMPOS 

© Copyright 2016 Westchester Women’s Bar Association. All rights reserved. 

The opinions expressed herein are those of the author(s) only and do not reflect the official position of the Association. 

Editor-in-Chief: Kim Berg • Designed and Printed by IPM Media Group, Inc. (516) 809-0501 

2016-2017 WWBA Committee Chairs 

S T A N D I N G C O M M I T T E E S 

By-Laws .................................................................. Anna L. Georgiou 

Corporate & Commercial ........................ Lisa M. Bluestein, Eva David 

Criminal Law ....... Kitley S. Covill, Lisa M. Denig, Hon. Sandra A. Forster 

Families’, Children & the Courts .......... Shari R. Gordon, Joy S. Joseph, 

Lauren Morrissey, Hon. Irene Ratner 

Grievance/Ethics ............................ Kitley S. Covill, Deborah A. Scalise 

Judicial Screening ............... Hon. Sandra A. Forster, Loren I. Glassman 

Judiciary .......... Hon. Delores Scott Brathwaite, Hon. Linda S. Jamieson 

Lawyering & Parenting ............................................... Joelle M. Burton, 

Jana Kosberg-Kleidman 

Legislation ................................................. Angela Morcone Gianinni 

Matrimonial .......... Robin Carton, Dolores Gebhardt, Lonya A. Gilbert 

Annual Dinner ......... Robin D. Carton, Lisa M. Denig, Jennifer L. Gray, 

Stephanie Melowsky, Jennifer N. Netrosio 

Annual Dinner Souvenir Journal ................................................. TBD 

Appellate Practice ....................... Lisa M. Denig, Hon. Mark C. Dillon, 

Hon. Sondra M. Miller, Hon. Robert A. Spolzino 

Archive & Historian ..................................................... Susan L. Pollet 

Awards ............................................. Elizabeth M. Barnhard, Kim Berg 

Bankruptcy ................... Susan Mills Richmond, Wendy Marie Weathers 

Breast Cancer Awareness ...................................... Adrienne J. Orbach 

Collaborative Law ........................... Kathleen Donelli, John J. Grimes, 

Lynn J. Maier, Hon. Sondra M. Miller 

Community Outreach ... Deborah A. Scalise, Hon. Lisa Margaret Smith 

Continuing Legal Education ..................................... Ann M. McNulty 

Diversity in Membership ........... Jacqueline Hattar, Stephanie Melowsky 

Domestic Violence ...................... Natanya L. Briendel, Audrey E. Stone 

Education Law ....................... Adrienne J. Arkontaky, Julie P. Passman, 

Susan Mills Richmond 

Elder & Health Law ............. Patricia L. Angley, Elizabeth A. Cumming, 

Shari R. Gordon 

Employment Law ...................................... Kim Berg, Hillary Raimondi 

Environmental & Land Use .......... Lucia Chiocchio, Anna L. Georgiou, 

Jennifer L. Gray, Katherine Zalantis 

Gender Dynamics ...................................... Hon. Terry Jane Ruderman 

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 

A D H O C C O M M I T T E E S 

Membership ............................................... Sherry Bishko, Hélène Côté 

Networking ................................... Jennifer L. Gray, Patricia McCluskey 

New Lawyers ............................. Elizabeth Marcus, Jennifer N. Netrosio 

Professional Development .............. Adam J. Krim, Stephanie Melowsky 

Programs ........................................... Lucia Chiocchio, Amanda Fried 

Public Relations ............................... Joelle M. Burton, Jennifer L. Gray 

Real Property ............................ Melanie Finkel, Hon. Sandra A. Forster 

Sponsorship .................................. Lisa M. Bluestein, Lucia Chiocchio, 

Joelle M. Burton 

Taxation ....................................................................................... TBD 

Trusts & Estates ................................... Gail M. Boggio, Anna B. Parker, 

Nancy J. Rudolph, Karen J. Walsh 

Golf & Tennis Outing ................................................................ TBD 

Holiday Party and Boutique ...... Dolores Gebhardt, Jennifer N. Netrosio 

Immigration ................................................................. Henry Mascia 

Insurance ..................................................................... Dawn Warren 

Intellectual Property .............. Elizabeth M. Barnhard, Donna E. Frosco, 

Theresa O’Rourke Nugent 

Judgment Enforcement & Collections .............. Christopher T. Bonante, 

Daniel F. Florio, Jr. 

Litigation ...................... Angela Morcone Giannini, Jacqueline Hattar 

Kimberly Sheehan 

Long Range Planning ............... Lisa M. Bluestein, Carla D. Glassman, 

Linda Markowitz, Ann M. McNulty 

Mediation ............................ Amy Carron Day, Hon. Sondra M. Miller, 

Lauren S. Morrissey, Abby Rosmarin 

Network of Bar Leaders ............................................. Donna E. Frosco 

Pace Board of Visitors ....................... Gail M. Boggio, Lonya A. Gilbert 

Past Presidents ........... Jane Bilus Gould, Mary F. Kelly, Linda Markowitz 

Practice Management ......... Jamieson L. Keiser, Wendy Marie Weathers 

Pro Bono .................................................. Marcia Levy, Marian Genio 

Technology/Website .......... Donna E. Frosco, Theresa O’Rourke Nugent 

WCA Board Delegate ............................................ Anthony Morando 

WWBA Foundation President ....................................... Julie S. Kattan 

WWBA Representative Director to the WCBA Board .. Dolores Gebhardt 

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Westchester Women’s Bar Association News

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President’s Message 

from page 1 

our general membership meetings and committee 

meetings embrace this format. Some 

of the most meaningful presentations are 

discussions between the bench and our 

members. For example, I encourage you 

to attend April’s General Membership Meeting 

“A Conversation with the U.S. District 

Judges in White Plains” and the upcoming 

program titled “Navigating the New 

Maintenance Guidelines and Their Effect 

on Child Support From a Judicial Perspective.” 

These interactive programs will surely 

focus on practical, useful topics, and promise 

to expand everyone’s understanding and 

knowledge. 

Another type of meeting that our committees 

continually find useful is the “lunch 

and learn.” This is essentially a chance to 

chat informally with your colleagues and 

then ask questions, typically of an expert or 

two who knows a practice area well. The 

Elder Law Committee has embraced this 

format extensively to present its continuing 

series “Elder Law 101.” On March 15th 

an informative discussion was had titled 

Elder Law 101: Part II – A Continued Discussion: 

Medicaid Planning, Wills and 

Powers of Attorney, Advance Planning for 

Health Care Decisions, Senior Housing 

Options. As the name implies, the topic is 

immense and lends itself to discussion of 

many interwoven topics, approaches and 

options. Even experienced attorneys see 

pitfalls and solutions that they have not 

quite seen or used in exactly the same way. 

The last time that I attended an Elder 

Law Committee lunch and learn I sat next 

to a young attorney whose practice was primarily 

municipal law. She was using the 

meeting to investigate whether the topic was 

of any interest to her at all. Plus, she was 

trying to connect with those in a totally new 

and different practice area. If she did make 

this change into a new practice area she 

knew she would certainly need contacts and, 

most certainly, a mentor or two. For new 

lawyers or law students I have found over 

my time with the WWBA that there is no 

shortage of opportunities to be mentored, 

to observe, and to learn. 

Mentoring, whether formal or informal, 

is not actually a distinct assignment the results 

of which often cannot be measured by 


Editor’s Note 

Oh, Spring is surely coming, Her couriers fill the air; 

Each morn are new arrivals, Each night her ways prepare; 

I scent her fragrant garments, Her foot is on the stair. 

~ John Burroughs, “A March Glee” 

Making Dates and Getting Published 

NEWSLETTER SUBMISSIONS 

❑ Deadline for newsletter submissions is the 12th of the month prior to publication (submissions 

received after the deadline are subject to the discretion of the editor). 

❑ Send submissions as email attachments to Kim Berg at kberg@gouldberglaw.com. 

❑ Articles should be 1,000 words or fewer. Remove all pagination, headers, footers or other 

formatting, other than bold, underline or italics. Authors are encouraged to submit photographs 

for publication with their submissions and include a short biographical statement with 

their submissions. 

❑ Materials submitted allow the WWBA a limited copyright and full permission to reprint the 

material in any WWBA publication or on its website without additional consent. 

❑ Photographs must be high-resolution (150 dpi or more) and the subject and all persons in 

each photograph must be fully identified. 

PROGRAM SCHEDULING 

❑ First visit the WWBA website: www.wwbany.org and click on the calendar at the home page to 

view scheduled programs. Conflicts in scheduling will be assessed on a case by case basis, with 

priority for early submissions. 

❑ Contact Kim Berg at kberg@gouldberglaw.com to schedule a WWBA sponsored or cosponsored 

program, including committee meetings, CLE programs, etc. 

❑ Once you have reserved the date with Kim Berg, proceed with planning your program and 

creating your flyer. 

❑ Flyers must be approved by the Programs Committee. In advance of the 12th of the month, 

please send your flyer to the Program Committee Co-chairs for review and copy the Executive 

Director. Once approved, please send your final flyer to the Executive Director, Kim Berg and the 

President for publication on the website calendar and the newsletter calendar. The final flyer will 

also be emailed to the membership. 

❑ We will also consider publicizing programs from outside organizations that may be of interest 

to our members. 

❑ Post-event: You may report on the success of your program and provide photographs of the 

speakers and participants that can be included in an upcoming newsletter. Send your submission 

to Lisa M. Denig, following the guidelines above. 

Contacts 

Kim Berg, Corresponding Secretary and Newsletter Editor-in-Chief: kberg@gouldberglaw.com 

Lucia Chiocchio, Programs Committee Co-Chair: lchiocchio@cuddyfeder.com 

Amanda Fried, Programs Committee Co-Chair: afried@cartonrosoff.com 

Susan Edwards Colson, President: president@wwbany.org 

Ann M. McNulty, CLE Chair: ann.m.mcnulty@morganstanley.com 

Elisabeth Campos, Executive Director: executivedirector@wwbany.org 

A d v e r t i s i n g R a t e s 

Full Page Display Ad 

5-10 Issues - $525.00 per issue 


Half Page Display Ad 



Quarter Page Display Ad 



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Classified – office space, furniture/equipment, employment & situation wanted (up to 5 lines) 

Members - $50.00 first issue; $25.00 each succeeding issue; Non-Members - $75.00 per issue 

Back Cover (3/4 page) 

5-10 Issues - $650.00 per issue; 1-4 Issues - $700.00 per issue 

Deadline for all ads is the 12th of the month prior to publication. Ads are subject to space limitations. 

Call Kim Berg at (914) 397-1050 or kberg@gouldberglaw.com for any questions regarding advertising. 


Page 3

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Elder Law 101 Lunch 

and Learn Program 

on March 15, 2017 

Elizabeth Cumming 

On March 15, 2017, the 

Elder and Health and New 

Lawyer’s Committees sponsored 

a second informative Lunchand-Learn 

in their Elder Law 

101 series. Jennifer 

Bienenstock, Esq. of Maker, 

Fragale & Di Costanzo, LLP, 

continued the discussion of 

“Bob and Jane” and the various 

issues they would be facing 

now that the couple had to 

decide whether Bob could be 

safely discharged home or 

whether he would have to be 

permanently placed in a skilled 

nursing facility. 

She addressed the importance 

of involving family members 

in the discussion, the ethical 

considerations to be aware 

of when involving family members, 

and the importance of 

obtaining the client’s permission 

to involve the family. Jennifer 

discussed the challenges 

a couple can face when they 

are dealing with discharge from 

a hospital to a nursing home, 

in addition to issues to be 

aware of when dealing with 

nursing home discharge to 

home or permanent placement 

in a nursing home. She discussed 

Medicare and Medicaid 

coverage, the Medicaid application 

process, the various 

planning tools available to 

qualify the ill spouse for Medicaid, 

and the need to review 

and revise the estate planning 

documents of the well spouse. 

Jennifer also addressed the issue 

of capacity and the importance 

of having advance directives 

to obviate the need for a 

guardianship proceeding. 

The question and answer 

portion of the program resulted 

in a group wide discussion as 

many asked questions and all 

shared their experiences on several 

topics. Thank you to 

Glassman & Brown, LLP who 

hosted the Lunch-and-Learn for 

our many participants. ◗ 

WWBA Foundation to Award 

the 2017 Justice Sondra 

Miller Scholarship Award 

Julie Kattan 

The WWBA Foundation will again present a Pace University 

Law Student with its annual Justice Sondra M. Miller Scholarship. 

This award is given in recognition of the incredible, successful 

and inspiring efforts of our own Judge Miller. The recipient must 

be a second or third year law student who demonstrates: a history 

of community, volunteer and/or public service; an intention 

to contribute to the Westchester legal community; and, inter alia, 

an excellent academic record that considers not only G.P.A. but 

professor references, clinic/law review work, and other law related 

activities. 

The Westchester Women’s Bar Association Foundation 

(“WWBAF”) is pleased to announce that it will award the Justice 

Sondra Miller Scholarship to a deserving Pace Law Student. The 

selected awardee for 2017 is Nkasi (Erica) Akpaka, a third-year 

law student expected to receive her Juris Doctor in May 2017. 

Ms. Akpaka has overcome many obstacles to reach this 

moment in her life. Not only has she persevered and never given 

up her dreams despite struggles from childhood but she has 

gone above and beyond to obtain an advanced education. She 


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Elizabeth Cumming, Jennifer Bienenstock and Patricia Angley 

Page 4 

Member 

FDIC 


Westchester Women’s Bar Committee Announcements 

The WWBA’s Diversity 

Committee is Seeking 

Nominations for the 2017 

Diversity Achievement Award 

Description and Criteria: The WWBA Diversity 

Achievement Award honors WWBA members, law 

firms and legal organizations, who recognize the value 

of diversity in the legal profession and make significant 

contributions toward achieving a high level of 

diversity in the workplace. Diversity encompasses 

race, ethnicity, gender, gender identity, sexual orientation 

and physical and mental abilities. Individual 

WWBA members and law firms/legal organizations 

will be honored on alternating years. Past recipients 

include the Honorable Terry Jane Ruderman and the 

Legal Services of the Hudson Valley. 

To qualify, the recipient must be actively involved 

in furthering the work of the WWBA and demonstrate 

a commitment to diversity. The individual recipient 

must be a WWBA member in good standing. For law 

firms and legal organizations to qualify, at least 10% 

of the law firm or organization must be members of 

the WWBA in good standing. 

The WWBA President, the President’s designee, and 

the co-chairs of the Diversity Committee will review the 

submissions and select the award recipient. The nominations 

should consist of: (1) an essay that shall not 

exceed more than 1,000 words describing why the 

individual/firm/organization should be selected; (2) the 

names of at least two persons, who are familiar with 

the initiatives/efforts, in support of the nominee; (3) 

for individual nominations, a copy of the individual’s 

resume or curriculum vitae; (4) letters of support and 

(5) contact information (e-mail and phone number) of 

the person submitting the entry. Submissions cannot 

exceed 15 one-sided pages. 

Nomination deadline/materials: The submission 

deadline is April 21, 2017. 

The award will be presented at the WWBA’s Annual 

Dinner on June 7, 2017. The recipient must be 

present to accept the award. 

Please visit the WWBA’s website for nomination 

forms or contact Jacqueline Hattar 

jacqueline.hattar@wilsonelser.com or Stephanie 

Melowsky smelowsky@mypcsb.com with any questions 

or for nomination forms. 

The WWBA’s Lawyering and 

Parenting Committee is 

Seeking Nominations for the 

2017 Family Friendly Award 

A critical component of success for today’s law 

practices and related businesses is the creation of an 

environment that encourages employees to balance 

professional and family responsibilities. In such a 

workplace, morale, job satisfaction, and productivity 

are typically higher, while employee turnover is lower. 

The WWBA has long recognized and honored those 

legal employers who provide “family friendly” work 

environments. 

Nominations for the 2017 WWBA Family Friendly 

Award are now being accepted. 

Description and Criteria: Any legal or law 

related business employer with an office located in 

Westchester County in either the public or private 

sector (including in-house legal departments) employing 

at least three attorneys is eligible for nomination. 

At least one employee of the organization must be a 

WWBA member. Factors to be considered include opportunities 

offered to employees for part-time employment, 

flexible work schedules, maternity and paternity 

leave policies, telecommuting options, and partnership 

and executive leadership opportunities for 

part-time employees. The nomination may be submitted 

by any individual familiar with the nominee 

and its policies. 

Nomination deadline/materials: The submission 

deadline is April 21, 2017. 

The award will be presented at the WWBA’s Annual 

Dinner on June 7, 2017. The recipient must be 

present to accept the award. 

Please visit WWBA’s website or contact Joelle M. 

Burton at joelleburton11@gmail.com with any questions 

for for nomination forms. 


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WWBA Participates in Annual Read Across America Day 

from page 1 

it did so in the Yonkers Public 

School approximately ten years 

ago. During the course of their 

ten year involvement in this inspiring 

program, the WWBA 

has donated books, t-shirts and 

school supplies to the Yonkers’ 

students and schools. 

The guest readers at this 

year’s event included Elizabeth 

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Barnhard, Lisa Denig, Shari 

Gordon, Jacqueline Hattar, 

Ann McNulty, Stephanie 

Melowsky and Julie Passman. 

WWBA President Susan 

Edwards Colson stated: “We 

are truly proud and honored to 

continue to participate in the 

Read Across America program 

and promote the importance of 

reading to children.” ◗ 

Education Committee Presents Informative Program 

Julie P. Passman 

On March 8th, the WWBA Education 

Committee hosted an engaging and 

informative presentation and roundtable 

discussion on “ADAAA Accommodations 

for People with Disabilities: Transitioning 

from High School to College and the 

Workforce.” While many people are familiar 

with the process of advocating for 

students with disabilities in kindergarten 

through high school settings, there seems 

to be a lower level of awareness regarding 

accommodations available to students with 

disabilities as they transition from high 

school to the adult world. 

Donna Drumm, Esq. and Molly 

McCabe shared their wealth of knowledge 

and experience regarding accommodations 

available to people with disabilities in college 

and employment settings. Ms. Drumm 

and Ms. McCabe highlighted the importance 

of ensuring that students and young 

adults, particularly those with “invisible 

Donna Drumm, Adrienne Arkontaky, Julie P. 

Passman, Susan Mills Richmond; and Molly 

McCabe, Associate Director for the Office of 

ACCESSibility at Mercy College 

disabilities” (such as ADHD and mental 

illness), are aware that they are entitled to 

reasonable accommodations as they transition 

to post-secondary school and the 

workforce. 

The two presenters brought to the table 

important and diverse perspectives on the 

process of obtaining accommodations 

under Americans with Disabilities Act 

Amendments Act of 2008 (ADAAA). Ms. 

Drumm, an attorney and Certified* ADAAA 

Advocate, advocates for qualified persons 

with disabilities in schools, courts and hospitals. 

She is also an adjunct professor in 

Health Policy at Mercy College, Masters in 

Public Administration program. Ms. 

Drumm provided a review of ADAAA Titles 

I, II and III and EEOC, and she offered 

strategies for attorneys to assist clients in 

supporting students during the transition 

from high school process and beyond. 

In her role as Associate Director for 

the Office of ACCESSibility at Mercy College, 

Ms. McCabe reviews accommodation 

requests and updates and aligns college 

policies with current disability law. Her 

insight into the needs of college students 

is enhanced by her prior experiences as a 


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An Interview with Hon. Susan Cacace 

Susan L. Pollet 

Chair of the Archive and 

Historian Committee 

Q: Please tell us about 

your legal career prior to becoming 

a Judge, and then 

after. 

A. Upon my graduation 

from Pace University School 

of Law in 1989, I was hired 

by then Westchester County 

District Attorney, Carl 

A.Vergari and began my 

14-year career as a 

Westchester County Assistant 

District Attorney. Upon joining 

the office, I worked in 

the office’s Motions and 

Appeals Division, where I 

researched and drafted 

appeals and motions, thus 

gaining a detailed understanding 

of the law and preparing 

me for the transition 

to the courtroom. I spent 

several years in what is commonly 

referred to as “local 

court,” where I prosecuted 

misdemeanor crimes, trying 

more than 150 jury and 

non-jury trials. Thereafter, I 

was transferred to the 

Grand Jury Bureau where I 

investigated and presented 

hundreds of violent and 

non-violent felony cases to 

grand juries. Finally, I was 

assigned to the Superior 

Court Trial Division, where 

I litigated over 20 felony 

jury and non-jury trials to 

verdict. 

I left the District 

Attorney’s Office in 2003 to 

make my first run for 

Westchester County Court 

Judge. Unfortunately it was 

not a successful run, but still 

following my love of criminal 

law, I opened up my 

own practice with my husband, 

James G Dibbini, 

“[W]omen lawyers 

should truly support 

other women lawyers, 

because if we stick 

together, we can only 

become stronger and 

even more successful.” 

forming the law firm of 

Dibbini and Cacace in 

2003. Between 2003 and 

2005, I defended all the 

criminal cases in our office, 

while my husband handled 

all of the civil matters. This 

time in my career was an 

eye-opening experience: it 

was a time when I stood on 

the other side of the room 

from the prosecution table; 

interacted with my clients, the 

defendants, many of whom I 

had prosecuted in the past 14 

years; and even entered the 

area where prosecutors seldom 

ventured – the “lockups” 

and “the jail,” to meet 

with my clients. Those two 

years as a defense attorney, 

however, provide the balance 

in my career that properly 

prepared me for the 

bench, to which I was eventually 

elected in 2005. 

My first year as a newly 

elected Westchester County 

Court Judge was spent in the 

Superior Court Arraignment 

(SCI) Part conducting conferences 

where I negotiated 

pleas and sentence dispositions 

for violent and non-violent 

felony cases. Thereaf- 


ter, I began presiding over 

felony jury and non-jury trials, 

while still conferencing 

and negotiating SCI cases. 

Then, in or around 2010, I 

was assigned to preside over 

the Westchester County Sex 

Offense Part, a position that 

I still hold today. This is a 

specialized part, in which 

defendants who are charged 

with sex crimes have their 

cases heard from the conference 

stage, through plea, 

sentence, and a Sex Offense 

Registration (SORA) hearing. 

I preside over sex offense ( 

and non sex offense) jury and 

non-jury trials, and monitor 

compliance of convicted sex 

offenders. In a civil capacity, 

I preside over all proceedings 

related to the Sex Offender 

Management and 

Treatment Act (SOMTA), 

which includes Mental Hygiene 

Law Article 10 probable 

cause hearings, trials, 

and dispositional hearings. 

More recently, I became 

the presiding judge of 

Westchester County’s designated 

DWI Part, where, with 

the hope of promoting uniformity 

in pleas and sen- 

Hon. Susan Cacace 

tences across the county, 

one judge conducts conferences 

and negotiates plea 

offers in all of Westchester’s 

felony DWI cases. 

Q: Why did you want to 

become a Judge? 

A: I knew that I wanted to 

become a judge when I was 

a young girl. My father, the 

late Robert W. Cacace, was 

a judge for nearly 20 years 

and ultimately he became 

the Chief Administrative 

Judge in the Yonkers City 

Court. Unfortunately, he 

passed away when I was 

22, but not before he witnessed 

my graduation from 

college and acceptance 

into Pace Law School. As a 

little girl, I always loved 

going to court with him to 

watch the proceedings, and 

it was then that I knew I 

wanted to become a judge. 

Q: What are the biggest 

challenges for you on the 

bench? 

A: The biggest challenges 

for me on the bench are presiding 

over cases involving 

very young defendants (i.e. 


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An Interview with Hon. Susan Cacace 

from page 7 

16 and 17 year-olds) and 

sex offenses involving victims 

of tender age. Sixteen 

and 17 year-old defendants 

who are charged with 

violent crimes oftentimes 

get stuck between two systems; 

they are too young to 

get services that adults 

would ordinarily receive, 

but too old to get assistance 

from Family Court, as they 

are considered adults under 

the New York State Law. 

When they are charged with 

violent sex crimes, I am required 

to balance the 

needs of the victims with the 

needs of these defendants, 

as young adults, and tailor 

their dispositions accordingly. 

My sex offense cases 

involving child victims are 

also very challenging, in 

that it is very easy for a 

young child to be re-victimized 

during the trial process. 

As a result, the negotiation 

of a disposition prior to trial 

is critical, and if there is no 

disposition and a matter 

proceeds to trial, I try to 

make the process as comfortable 

as possible for the 

child, while still affording 

both parties, the defendant 

and the prosecution, a fair 

trial. 

Q: What advice would you 

give to women lawyers starting 

out in the profession? 

A. The advice that I would 

give to women starting out 

in the profession is that you 

can accomplish anything 

through hard work. I also 

advise them to always conduct 

themselves in a dignified 

manner, in and out of 

court; be respectful of their 

peers, their fellow attorneys, 

and the judiciary; and be 

forthright and honest, while 

balancing the interests of 

their clients – all because 

your reputation proceeds 

you and you will only be as 

effective as your reputation 

permits. Most importantly, 

women lawyers should truly 

support other women lawyers, 

because if we stick together, 

we can only become 

stronger and even more successful. 

Q: How has the practice of 

law changed in Westchester 

County over the years, if at 

all ? 

A: In my experience, having 

been admitted to the Bar 

nearly 30 years ago, the diversity 

of the legal community 

in Westchester County, 

both Bench and Bar, represents 

the greatest change I 

have observed. As I have focused 

most of my career in 

the arena of criminal law, as 

a prosecutor, a defense attorney, 

and as a judge, I am 

encouraged by the significant 

growth in the ranks of 

the female criminal defense 

attorneys. At the beginning 

of my career in 1990, I can 

recall that outside of the District 

Attorney’s Office and the 

Legal Aid Society, there were 

a mere handful of women 

practicing criminal law in 

Westchester County, whereas 

today I would estimate that 

women are the most rapidly 

growing demographic in 

this niche area of practice, 

despite the historic misconception 

by too many that 

such work was better-suited 

to our male counterparts. 

Similarly, and perhaps even 

more gratifying, is the growth 

I have seen in the diversity 

of the Bench, where women 

are now routinely elected to 

sit in the Surrogate’s Courts, 

the Family Courts, the 

County Courts and the State 

Supreme Courts, as well as 

the United States District 

Courts, and all appellate 

courts in both systems. Of 

course, much has changed 

over the course of my career, 

but nothing more meaningful 

than the diversity of our 

legal community. 

Q: When you are not on the 

bench, what activities do you 

like to engage in? 

A: When I am not on the 

bench, I spend time with my 

family, friends, and I try to 

work out as much as I can. 

As a mother of three teenage 

girls, my free time is filled 

with traveling to track practices, 

school events, and 

doing homework. My eldest 

daughter is a rising high 

school senior, so we are currently 

in the midst of a college 

search. As a family, we 

like to travel and are looking 

forward to a trip to London 

in August. Finally, I enjoy 

getting in my early-morning 

workouts on most weekdays 

before the whirlwind of 

school and work begin. 

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Q: How have you managed 

the work/family balance over 

the years? 

A: As any working mother 

knows, managing the work/ 

family balance takes a great 

deal of practice and I am 

very fortunate to have had 

a tremendous amount of 

help along the way. My husband, 

James G. Dibbini, 

has always been my strongest 

support both personally 

and professionally. An 

accomplished attorney in 

his own right, Jim is a smart 

and successful businessman, 

a wonderful father, 

and a generous and loving 

husband, who always 

makes time for me and our 

three girls. Throughout the 

years, we have had additional 

support and assistance 

from both of our 

families, our friends, and 

a few wonderful nannies, 

as well. 

Q: What are your goals 

professionally and personally 

going forward? 

A: My goals both professionally 

and personally going 

forward are pretty 

much the same -– to strive 

to do my best at everything 

that I do. In my personal 

life, we are currently 

searching for that “perfect” 

college for my oldest 

daughter; I hope she, as 

well as my other two 

daughters, find colleges 

that they love, where they 

will thrive as they move on 

to adulthood. Professionally, 

I feel so fortunate to 

have been re-elected as a 

Westchester County Court 

Judge, a position that I 

love, and to work in a field 

that I continue to find exciting, 

as well as challenging. 

Going forward, I will 

strive to gain even more of 

an expertise in my capacity 

as presiding judge of the 

Westchester County Sex 

Offense Part and continue 

to promote the administration 

of justice. ◗ 

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April Litigation Tip 

✦ BURDEN OF PROOF: SEALING COURT RECORDS IN CIVIL ACTIONS 

TRIAL COURT RULE §216.1(a) 

Even where parties stipulate to seal records, Uniform Trial Court Rule 216.1(a) requires a 

finding of good cause by the court. The party seeking to seal court records has the burden to 

demonstrate the compelling circumstances which justify restricting public access. It should be 

recognized that access includes the right of the press to read and review court documents, unless 

the documents have been sealed pursuant to a statutory provision or by a properly issued sealing 

order. Confidentiality therefore is viewed as an exception not the rule and both the First and 

Second Departments have held there is a broad presumption that the public is entitled to access 

to judicial proceedings and court records. 

The issue was recently addressed in an appeal of two related actions, Maxim Inc, et al. v Feifer, 

et al. and Hearst Newspapers, LLC, et al., Proposed Intervenors, 2016 NY Slip Op 08319. The First 

Department unanimously reversed the lower court’s denial of the motion made by Hearst Newspapers 

to intervene for the limited purpose of accessing court records and granting public access 

to certain redacted records. The appellate court undertook a thorough review of the documents 

finding that certain documents were incorrectly sealed and did not involve matters of trade secrets, 

confidential business information or proprietary information. While the appellate court 

recognized that it may be easier for the parties and the motion court to seal an entire record rather 

than make a determination document by document, the court held administrative convenience is 

not a compelling reason to seal a record. The court ordered certain documents un-redacted 

(action 1) and the sealing order vacated (action 2) but directed the clerk not to release such 

documents for ten (10) days to allow the parties time to move by order to show cause to redact or 

seal documents on notice and for the trial court to decide the motion in a written decision complying 

with Rule 216.1(a). Of note, documents obtained through disclosure and not filed with 

the clerk remain subject to protective orders as set forth in CPLR 3103(a). See 22 NYCRR 

216.1(b). 

Written by Angela Morcone Giannini, Co-Chair, Litigation Committee 

Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan 

Education Committee Program 

from page 6 

special educator. Ms. McCabe highlighted accessibility issues that she has addressed 

at Mercy College to ensure that students with disabilities have access to college programs 

and services: for example, course substitutions; emotional support animals; 

accessible technology; and accommodations in extracurricular activities. 

The Education Committee program was very well attended. Attendees participated 

in a vibrant and constructive roundtable discussion. The WWBA Education Committee 

is grateful to Ms. Drumm and Ms. McCabe for providing attendees with valuable 

written materials and promoting awareness regarding accommodations for people with 

disabilities. The Education Committee appreciates the generosity of White and Williams, 

LLP for providing its conference room for the event. ◗ 

*Certification from the Institute of Disabilities and Equal Access to Legal Systems Approved by 

King’s International University of Science & Technology not a governmental entity. 


2017 Justice Sondra 

Miller Scholarship Award 

from page 4 

routinely gives back to the community in 

various ways including tutoring and 

mentoring students, advocating for others, 

volunteering and interning, and serving in 

leadership roles in various professional 

organizations and clubs. 

The Justice Sondra M. Miller scholarship 

will be awarded to Ms. Akpaka at the 

WWBA Annual Dinner on June 7, 2017. 

I hope you have the opportunity to meet 

Erika, congratulate her and welcome her 

to the WWBA. ◗ 

Page 9

Chapter News and Announcements 

Classifieds 

❑ Attractive furnished and very reasonably priced interior office in congenial suite with 

possible overflow work. Rent to include reception, phone, copying, library, conference 

room, free parking, and easy access to I287 from Exit 4. Email linda@rosemarklaw.com 

for further information. ◗ 

CLE Program: 

Ethics for the Family Law Practitioner 

Tanya Briendel 

On Friday March 17th the Domestic Violence Sub-Committee presented a CLE 

entitled Ethics for the Family Law Practitioner. The program was co-sponsored by the 

Westchester Women’s Bar Association, the Pace Women’s Justice Center, the NYSBA/ 

WBASNY Domestic Violence Initiative and The Ninth Judicial Committee to Promote 

Gender Fairness in the Courts. 

The program commenced with a presentation by the Honorable Allen A. Hochberg, 

Family Court Support Magistrate (Retired) and was followed by presentations by Audrey 

E. Stone, Esq. and Deborah A. Scalise, Esq. They spoke about the continuing need for 

lawyers to prepare thoroughly, present the court with evidence ethically disclosed and 

to expeditiously return evidence wrongfully or erroneously obtained. 

Despite the fact that it was St. Patrick’s Day, the room was packed to capacity with 

over 30 attendees. ◗ 

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○ 

President’s Message 

from page 3 

the mentor. I have had many mentors and I can honestly say that I do not think any of 

them actually knew they were mentoring me. I am grateful to our past presidents, judges, 

civil and criminal lawyers as each of them have imparted upon me part of the fabric of 

the practice of law. They still do today. I encourage experienced, as well as new lawyers 

alike, to take full advantage of the collective wisdom of our diverse WWBA membership. 

Consider attending a meeting that is outside your specialty which lends itself to presenting 

different points of view. Then ask the questions, do the work, listen, observe, and where 

appropriate, emulate. In particular, for the new lawyers and law students, there is no 

greater opportunity for professional development. 

We have added a section under the Membership tab on the website, entitled “Volunteer.” 

Our goal is to keep this section updated with ways you can make a difference 

within your limits. The depth of commitment we each have is a personal thing, influenced 

by many factors and demands on our time. Traditionally, taking an active role in committee 

work or projects meant being willing to devote a considerable amount of time over a 

period of years. This model is showing signs of strain on both members and the WWBA. 

I will be actively advertising for members to take on projects (or parts of a project) that 

have a discrete lifetime and do not require burdensome amounts of time. It’s always great 

to take on a project where you can make a difference without overburdening yourself. 

We are a profession that is based on human contact on a very personal level and 

one that promotes conflict resolution. The WWBA has done an excellent job in fostering 

good working relations among members of the bench and bar. While simply becoming 

a member is of critical importance, there is no reason to stop at merely paying your dues 

each year. WWBA offers a single place to network, learn, give, teach, lead and socialize. 

With so many opportunities, members can tailor their involvement to meet their 

personal and professional preferences and needs. 

I encourage you to be active and ask that you encourage your associates and 

colleagues to invest in the opportunities the WWBA can provide. The WWBA is truly one 

of the best places to connect. ◗ 

Become a New 

Member Today 

RENEW YOUR 

WWBA MEMBERSHIP TODAY 

FOR THE PERIOD 

JUNE 1, 2016 TO MAY 31, 2017. 

RENEW NOW! DON’T WAIT! 

WWBA Membership includes 

membership to the Women’s Bar 

Association of the State of New York 

(WBASNY). 

January 31, 2017 is the closing date in 

order to count the WWBA members 

towards our certification to WBASNY and 

assure our number of delegates. 

Renewing before this date will allow our 

Westchester Chapter (WWBA) to continue 

to be a strong presence in our statewide 

organization (WBASNY) while you will 

enjoy its many benefits, events, 

newsletter and CLE programming. 

Hélène Côté, Sherry A. Bishko, 

Elisabeth Campos 

It is easy to renew by going to the 

WWBA Website at www.WWBANY.org. 

You can use a credit card or 

PayPal to make payment. 

Page 10 


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Westchester Women’s Bar Association New Members 

The Westchester Women’s Bar Association proudly welcomes our newest members: 

TO PROTECT THE PRIVACY OF OUR MEMBERS, 

THIS INFORMATION IS AVAILABLE TO MEMBERS OF THE WWBA ONLY. 

Support the WWBA Foundation by Becoming a 

Member of the Legacy Society 

Linda Markowitz and Kim Berg 

The WWBA Foundation 

relies upon the financial support 

of the WWBA members to 

provide the annual scholarships 

and grants aimed at supporting 

those underprivileged segments 

of our community. One way that 

you can support this endeavor 

is by becoming a member of the 

WWBAF Legacy Society. 

The Legacy Society has 

✄ 

been established to provide for 

the long term sustenance of our 

mission. By providing for the 

Foundation in your estate plan 

your bequest or designation of 

the Foundation as a beneficiary, 

whether large or small, 

will help with continuing the 

mission of the WWBA and the 

WWBAF “to improve the position 

of women in society and in 

the law and help the 

underserved women and children 

in our society.” 

Please consider making a 

provision in your estate plan for 

the Foundation and if you are 

interested in doing so, submit 

the form below to the address 

or email at the bottom. Letting 

us know your intentions now 

helps us to be better aware of 

your particular interests, and 

will allow us to keep you informed 

of developments at the 

Westchester Women’s Bar Association 

Foundation, which 

may be relevant to your planned 

gift. Unless you choose to remain 

anonymous, it is our plan 

to recognize your planned gift 

by publicizing your name as a 

member of our “Legacy Society.” 

It is our hope that this recognition 

will inspire generosity 

in others. ◗ 

~ LETTER OF INTENT ~ 

In support of the work of the WWBA Foundation, I/we want to provide for future generations and to ensure the continuity of the 

funding it provides to assist the underserved segments of our community. This Letter of Intent represents my/our commitment to the 

WWBA Foundation. It does not represent a legal obligation on my/our part and may be changed at any time. 

Please check each of the options you are considering: 

❑ Making a bequest in my/our Will or Trust 

❑ Naming the WWBA Foundation as a Beneficiary of a Charitable Remainder or Lead Trust 

❑ Naming the WWBA Foundation as a Beneficiary of a Life Insurance Policy or Annuity or a portion of a Life Insurance Policy or 

Annuity 

❑ Naming the WWBA Foundation as a Beneficiary of a Retirement Plan or a portion of a Retirement Plan 

❑ Optional: The amount of my/our planned gift is $_____________ or _____% of my/our estate 

❑ I/We intend to include WWBAF in my/our estate plans by (date): ________________ 

❑ I/We wish to include the WWBA Foundation in my/our estate plan but wish to remain anonymous. 

If you prefer to remain anonymous, do not complete the following section: 

Name(s):__________________________________________________________________________________________ 

Address:___________________________________________ City:___________________ State: ______ Zip:_________ 

Phone: ( )__________________ Email Address:________________________________________________________ 

Signature:___________________________________________________________ Date:_________________________ 

Return to: WWBA Foundation, P.O. Box 926 Hartsdale, New York 10530 • Questions: email executivedirector@wwbany.org 


Page 11

WWBA Schedule of Upcoming Events 

COMMITTEE DATE/TIME PLACE TOPIC RSVP (also online at www.wwbany.org) 

Diversity Committee 3/28/17 

6:00-7:30 p.m. 

Mediation Committee 3/30/17 

5:30 p.m. 

Registration 

6:00-7:40 p.m. 

Program 

General Membership 

Meeting 

Board of Directors 

Meeting 

Families, Children and the 

Courts Committee 

4/4/17 

5:30-8:00 p.m. 

4/5/17 

5:30-7:30 p.m. 

4/24/17 

5:15-5:45 p.m. Light 

Supper and Program 

5:45-8:00 p.m. 

Wilson Elser Moskowitz 

Edelman & Dicker LLP 

1133 Westchester Avenue 


McCarthy Fingar 

11 Martine Avenue 

12 th floor 


La Bocca Ristorante 

8 Church Street 


BNY Mellon 

701 Westchester Ave 



21 Scarsdale Road 


Immigration Committee 4/26/17 Elizabeth Haub School of 

Law at Pace University 


Board of Directors 

Meeting 

Elder/Health Law and 

Trusts & Estates 

Committees 

Corporate and 

Commercial 

5/3/17 

5:30-7:30 p.m. 

5/4/17 

5:30-6:00 p.m. 

Registration and 

6:00-8:00 p.m. 

Program 

BNY Mellon 

701 Westchester Ave 





5/9/17 Sterling National Bank 



Community Outreach 5/23/17 United States District Court 

300 Quarropas Street 


WWBA Annual Dinner 6/7/17 

5:30 p.m. Cocktails 

7:00 p.m. Dinner 

Mamaroneck Beach and 

Yacht Club 

Mamaroneck, New York 

A Discussion on 

Diversity and Inclusion 

Bioethics and Family 

Conversations: Primer on 

Normative and Legal 

Ethics as Applied to 

Medical Decision- 

Making 

A Conversation with the 

U.S. District Judges in 

White Plains 

Navigating the New 

Maintenance Guidelines 

and Their Effect on Child 

Support from a Judicial 

Perspective 

Immigration Law for the 

General Practitioner 

Guardians Ad Litem and 

Court Evaluators: A 

Comparison of Ethical 

and Procedural 

Obligations under the 

Part 36 Rules 

ABCs on the Americans 

with Disabilities Act 

Law Day and Take Your 

Children to Work Day 

Annual Dinner and 

Installation of Officers 

Rregister online at 

www.wwba.org 

or email 

executivedirector@wwbany.org 

register online at 

www.wwba.org 

or email 


Register online at 


or email 


Susan Edwards Colson 

president@wwbany.org 

if you are unable to attend 



or email 




or email 


Susan Edwards Colson 

president@wwbany.org 

if you are unable to attend 



or email 




or email 


For information email 

dscalise@scaliseethics.com 

Register online at www.wwba.org 

or email 

kwendle@bakerleshko.com 

Unless otherwise indicated, events are for WWBA members and invited guests only. 

The opinions expressed by any program presenter are the presenter’s own, and do not reflect 

the official position of the WWBA. 

WWBA is a chapter of WBASNY, which is an approved provider of CLE credit. Full and partial scholarships for CLE programs based 

on financial need are available. For information on the guidelines and procedures for applying, please contact the person running 

the program. All requests are strictly confidential. All programs are for transitional credit unless the program states otherwise. 

REMEMBER, YOU CAN FIND THE WBASNY WEB PAGE 

AT WWW.WBASNY.ORG. 

PLEASE REMEMBER TO RECYCLE 

Connect 

with 

us 

THE WWBA MEMBERSHIP PERIOD FOR 

2016-2017 BEGAN ON JUNE 1, 2016. 

PLEASE RENEW YOUR MEMBERSHIP TOD 

ODAY AT 

WWW.WWBANY 

.WWBANY.ORG 

.ORG

WWBA April 2017 Newsletter

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