WWBA May 2017 Newsletter

Westchester Women’s Bar Association 

MAY 2017 

WWBA 

~ IN MEMORY OF ~ 

HONORABLE SHEILA ABDUS-SALAAM 

Associate Judge of the New York Court of Appeals 

It is with deep regret and sadness that the Westchester 

Women’s Bar Association notes the passing of Honorable 

Sheila Abdus-Salaam. 

Judge Abdus-Salaam began her legal career as a legal 

services attorney, served as an Assistant Attorney General 

for New York State, and served as General Counsel of the 

New York City Office of Labor Services. In 1991, she was 

elected a Judge of the New York City Civil Court, the first 

Muslim to serve as a judge of any court in the United States. 

She was later elected and re-elected as a Justice of the New 

York Supreme Court. In 2009, she was appointed as an Associate 

Justice of the New York Supreme Court’s Appellate 

Division for the First Department. In 2013, she was appointed 

to serve as Associate Judge of the New York State Court of Appeals, becoming 

the first black woman to serve on New York’s highest court. 

Judge Abdus-Salaam was a gifted jurist who dedicated her life to public service. 

We celebrate her extraordinary life, kindness and unmistakable impact on 

the entire legal community. Our sincerest condolences to her family and many 

friends. Her presence will be terribly missed. ◗ 

INSIDE THIS ISSUE 

MAY 2017 

WWBA Women’s History 

Month Program: Diversity 

and Inclusion 

(page 4) 

An Interview with 

Judge Shelley S. Mayer 

(page 7) 

May Litigation Tip 

(page 9) 

WWBA Upcoming Events 

(page 12) 

SAVE THE DATE 

Westchester Women’s Bar Association News 

news 

www.wwbany.org 

Honorable Sheila 

Abdus-Salaam 

ABCs ON THE 

AMERICANS WITH 

DISABILITIES ACT 

May 9, 2017 

Sterling National Bank 

Tuckahoe, New York 

WESTCHESTER 

WOMEN’S BAR 

ASSOCIATION 

ANNUAL DINNER 

June 7, 2017 

Mamaroneck Beach 

and Yacht Club 

Mamaroneck, New York 

PRESIDENT’S 

MESSAGE 

It’s May. This time of 

year begins a series 

of festivities, remembrances, 

and soon, 

graduations. As the 

flowers start to bloom 

and we are reminded 

that summer is just 

around the corner, 

we pause to celebrate 

our accomplishments 

and note what might 

Susan Edwards 

Colson 

have led us to those achievements. We 

begin with our very own lawyer’s commemorative: 

Law Day. 

President Eisenhower established 

Law Day on February 3, 1958 by declaring: 

“the principle of guaranteed fundamental 

rights of individuals under the 

law is the heart and sinew of our Nation, 

and distinguishes our governmental 

systems from the type of government 

that rules by might alone” and “a day of 

national dedication to the principle of 

government under laws would afford us 

an opportunity better to understand and 

appreciate the manifold virtues of such 

a government and to focus the attention 

of the world upon them.” 

Each year, the ABA selects a theme 

for Law Day to highlight a specific aspect 

of the rule of law. This year the 

focus is: The 14th Amendment: Transforming 

American Democracy. As the 

ABA notes: 

This theme provides the opportunity 

to explore the many ways that 

the Fourteenth Amendment has reshaped 

American law and society. 

Through its Citizenship, Due Process 

and Equal Protection clauses, 

continued on page 3 ➥ 

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 

MAY Y 2017 

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 

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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 

“[T]he rights and 

freedoms we enjoy, 

and consider second 

nature . . . are just 

distant ideals unless 

we, as lawyers, 

make them more 

understandable.” 

this transformative amendment advanced 

the rights of all Americans. It 

also played a pivotal role in extending 

the reach of the Bill of Rights to 

the states. Ratified during Reconstruction 

a century and a half ago, the 

Fourteenth Amendment serves as the 

cornerstone of landmark civil rights 

legislation, the foundation for numerous 

federal court decisions protecting 

fundamental rights, and a source 

of inspiration for all those who advocate 

for equal justice under law. 

This theme reminds us that many of 

the rights and freedoms we enjoy, and consider 

second nature – are derived from the 

Fourteenth Amendment. Of course, these 

are just distant ideals unless we, as lawyers, 

make them more understandable. Many 

thanks to Past President Deborah Scalise 

for providing the leadership and coordination 

of the WWBA’s local celebration this 

year on May 23, 2017. Year after year, the 

WWBA, through the efforts of the long-serving 

members of this committee, have made 

Law Day a real local celebration and an 

experience of what the rule-of-law promises 

and involves. 

While Law Day is a one day reminder 

to celebrate our rights under the law, THE 

WWBA is constantly teaching about the legal 

process through our various programs 

and initiatives. Natanya Briendel, Pace 

Women’s Justice Center, has recently been 

instrumental in coordinating a series of volunteer 

training workshops in conjunction 

with the Community Resource Center in 

Mamaroneck. These workshops are offered 


Editor’s Note 


The fastest way to break the cycle of perfectionism and become a fearless mother 

is to give up the idea of doing it perfectly – indeed to embrace uncertainty and 

imperfection. 

~ Arianna Huffington 

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 

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5-10 Issues - $525.00 per issue 


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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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A DISCUSSION ON DIVERSITY AND INCLUSION: 

WWBA Pesents Women’s History Month Program 

Featuring NYSBA President Claire Gutekunst 

Diversity Program 

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Stephanie Melowsky and 

Jacqueline Hattar 

Claire Gutekunst, the 

president of the New York 

State Bar Association 

(NYSBA), was the guest 

speaker at a lecture on “A 

Discussion on Diversity and 

Inclusion” that was held on 

March 28, 2017 at Wilson 

Elser’s office in White Plains. 

The program, held in celebration 

of Women’s History 

Month, was presented by the 

WWBA’s Diversity and Litigation 

Committees and the 

Ninth Judicial District’s Committee 

on Gender Fairness in 

the Courts, and was supported 

by Wilson Elser. 

The program, which was 

very-well attended, is part of 

the WWBA’s Continuing Lecture 

Series on Diversity in the 

Legal Profession. The authors 

were proud to serve as panelists 

at this program. 

Ms. Gutekunst, whose 

achievements are truly impressive, 

has been active in 

the State Bar for approximately 

30 years. She has 

served as the NYSBA’s treasurer 

from 2011 to 2013 and 

is currently a member of the 

Commercial and Federal Litigation 

Section’s Executive 

Committee, the Legislative 

Policy Committee and the 

Membership Committee. She 

previously served on the Executive 

Committee as vice 

president for the First Judicial 

District and as a member-atlarge. 

Ms. Gutekunst chaired 

the Membership Committee, 

Committee on Women in the 

Law and Strategic Planning 

Advisory Committee. She was 

vice chair of the Dispute 

Resolution Section and cochaired 

the President’s Committee 

on Access to Justice. 

She also was a longtime 

member of the Committee on 

Diversity and Inclusion. She 

previously worked for approximately 

30 years at 

Proskauer Rose, first as an 

associate and then as a partner. 

After leaving Proskauer 

Rose in 2012, Ms. Gutekunst 

established her own practice 

and is currently an independent 

arbitrator and mediator. 

During the March 28th 

lecture, Ms. Gutekunst discussed 

her journey through 

the NYSBA and the various 

diversity and inclusion initia- 


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Stephanie Melowsky, Claire Gutekunst, Jaqueline Hattar 

Page 4 

Member 

FDIC 


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WWBA’S FOURTH GENERAL MEMBERSHIP MEETING 

A Conversation with the Federal Judges in White Plains 

Kim Berg 

Members of the WWBA and the Federal 

Bar Association were privileged to attend 

“A Conversation with the Federal 

Judges in White Plain”" on April 4, 2017 at 

the lovely LaBocca restaurant in White 

Plains. This was the WWBA’s fourth and 

final General Membership Meeting this year. 

The Honorable Nelson S. Roman, 

United States District Judge, and Honorable 

Lisa M. Smith, United States Magistrate 

Judge, candidly answered questions 

posed by moderator Donna Frosco. The 

topics covered procedural and substantive 

content for all facets of federal court litigation, 

from pleadings to discovery and 

through trial. Topics included: 

❑ attorney preparedness and the importance 

of having a good, working knowledge 

about matters on which they appear 

in court; 

❑ resolution of discovery disputes and the 

Court’s rules governing expeditious resolution 

of disputes by the Magistrate Judges; 

❑ motion practice, including effective strategies 

for making or defending motions, pit- 

Hon. Lisa Margaret Smith, Hon. Nelson S. 

Roman, Donna Frosco 

falls to avoid when writing memoranda of 

law, and the importance of citations, both 

to the record for support of any factual assertions 

and to statutes and case law for 

legal arguments; 

❑ the critical importance of laying a proper 

foundation for the admission of evidence 

at a trial and how failure to do so could 

result in the exclusion of evidence; and 

❑ strategies used in mediating/settling 

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claims. 

The practical tips provided from the 

esteemed panel of Judges provided practitioners 

with excellent guidance on how to 

approach all phases of litigation and 

stressed the importance of narrowing the 

issues before the court. 

Judge Roman and Judge Smith also 

both aptly focused on maintaining a high 

standard of professionalism in what is usually 

an adversarial setting – not only when 

appearing before the Court but also toward 

colleagues, clients, and courthouse staff. 

In sum, maintaining one’s credibility, not 

only in presenting an accurate version of 

the “facts” and the “law” with supporting 

cites to the record and case law, but also 

pointing out that the manner in which you 

interact with judges, their staff, attorneys, 

and litigants can also impact your credibility. 

Those WWBA members in attendance 

also voted to accept the amended by laws 

and the slate of officers and directors for 

WBASNY and the Westchester Chapter for 

2017-2018 (see page 10). ◗ 

Matrimonial Committee Presents CLE on Counsel Fees 

Dolores Gebhardt 

My much-anticipated CLE program, 

“Whatever Happened to Prichep: Counsel 

Fees in Matrimonial Actions and in 

Family Court” was held on March 22, 

2017 at Sterling National Bank in Tuckahoe. 

I was very grateful to have as my 

fellow panelists Hon. Linda Christopher, 

J.S.C., Supervising Judge of the Matrimonial 

Part, and Hon. Sherri Eisenpress, 

J.F.C., Acting Supreme Court Justice in 

Rockland County. 

The name Prichep refers to a landmark 

2008 Appellate Division, Second 

Department decision on interim counsel 

fees written by former Presiding Judge A. 

Gail Prudenti. The decision made it considerably 

easier for the less-monied spouse 

to get an award of interim counsel fees 

from the monied spouse in a timely manner. 

Two years later, in 2010, Domestic 

Relations Law § 237, which provides for 

counsel fee awards, was revised to reflect 

the holding in Prichep – allegedly! One 

of the goals of this lecture was to demonstrate 

via an analysis of the language of 

the statute that the 2010 amendments to 

DRL § 237 are actually not a codification 

of Prichep. 

A second goal was to show how 

Prichep and the 2010 amendments solved 

a significant problem for practitioners – 

interim fee awards are now largely made 

right away, rather than deferred to trial. 

However, neither the case nor the revised 

statute help matrimonial attorneys with our 

other problem: the fees awarded are usually 

less – sometimes far less – than the 

amount requested. My third goal was to 

show how both Prichep and the 2010 

amendments have been eroded by several 

recent decisions. 

Also featured were: the different 

analysis the Courts use for determining 

requests for final counsel fees; methods 

of getting paid from one’s own client; 

and how to get counsel fees in enforcement 

cases, modification cases, Family 

Court cases, and on appeal. I explained 

the difference between seeking a counsel 

fee award pursuant to DRL § 237 and 

pursuant to 22 NYCRR § 130-1.1 (the 

“sanctions” rule). 

Justices Christopher and Eisenpress 

explained what they are looking for in a 

fee application, as well as their rationale 

for determining the amount to award. 

The Justices and I led a spirited discussion 

with the audience, which consisted 

of many of the field’s prominent 

practitioners, as well as matrimonial 

judges and law secretaries. It was a great 

evening, and we all learned useful information. 

I extend my grateful thanks to the 

Justices, to our host, Sterling National 

Bank, and to our sponsor, Family Law 

Software. ◗ 


Page 5

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WWA’s Launch Event for Report on the Status of 

Women in Westchester County 

Jacqueline Hattar 

The Westchester 

Women’s Agenda (WWA) 

held a launch event on 

March 21, 2017 at the 

Eileen Fisher Learning Lab in 

Irvington, New York, on its 

“2016 Report on the Status 

of Women in Westchester 

County.” The event included 

a panel discussion regarding 

the key findings contained 

in the report. The panelists 

included WWA Board 

members Colleen 

Braithwaite, Sheila Klatzky 

and Maria Imperial. The 

panel discussion was moderated 

by Robi Schlaff, the 

executive director of the 

Westchester County Office 

for Women. WWA’s cochair, 

Antoinette Klatzky, provided 

introductory remarks. 

The panel discussed the challenges 

facing women and 

families in the county, including 

the high cost of child 

care, a growing elderly 

population which strains their 

resources, and wage disparities 

which continue to 

favor men. 

The WWA commissioned 

the report to advise 

on the social and economic 

status of women, and to further 

a climate that offers 

equal access and opportunity 

for women in Westchester 

County. The report aims to 

provide local data that will 

create a baseline on issues 

which are of concern to 

women. The report also 

strives to inspire the public to 

join in efforts to create programs 

for women and, therefore, 

improve the quality of 

life for everyone in 

Westchester. 

According to the report, 

the poverty in Westchester has 

worsened over the last five 

years for women, men and 

families. Poverty is higher for 

woman-headed families in 

Westchester, and it has gotten 

worse. The report also 

noted that educational levels 

have improved over the last 

five years, for both women 

and men. The educational 

levels of women slightly exceed 

those of men at the current 

time; however, at all levels 

of education, women still 

make less money than men. 

Based upon the U.S. Census 

data, the report stated that in 

2014, median earnings for 

women over the age of 25 

were $42,895. In comparison, 

for men over the age of 

25, the median earnings were 

$59,433. 

Additionally, the report 

stated that men outnumber 

women as Westchester 

County officials by a factor 

of 1.7 to 1. Of the seven 

largest corporations head- 


from page 4 

tives, including the Diversity 

reception that is held at the 

NYSBA Annual Meeting. She 

shared her experiences when 

she was an associate at 

Proskauer Rose, including 

how she was encouraged to 

participate in bar associations. 

She also expressed the 

value of diversity and inclusion 

and how it makes a law 

practice more beneficial and 

attractive for clients. Ms. 

Gutekunst encouraged looking 

at and improving one’s 

Maria Imperial, Sheila Klatsky, Colleen Braithwaite, and Robi Schlaff 

A Discussion in Diversity and Inclusion 

individual implicit bias and 

discussed bias interrupters 

which can mitigate the negative 

effects that this bias may 

have on peers. She also 

noted that those in positions 

of leadership have the ability 

and duty to mentor, sponsor 

and include less experienced 

associates. 

Ms. Hattar discussed 

Wilson’s Elser’s national 

Women’s Initiative (Women 

Attorneys Valued and Empowered), 

in connection with 

which she serves on its Steering 

Committee and helped 

to launch in 2015. She explained 

that its mission is to 

attract, develop and retain 

women attorneys by enhancing 

and strengthening their 

skills and by providing careeradvancing 

opportunities in 

client service, business development 

and leadership. It 

was a truly excellent program 

that included a lively and interesting 

discussion by the attendees. 

We wish to thank 

Wilson Elser for their generous 

support. ◗ 

Page 6 


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An Interview with Hon. Shelley S. Mayer 

Susan L. Pollet 

Chair of the Archive and 

Historian Committee 

Q: You are a long-time 

member of the Westchester 

Women’s Bar Association. 

When did you join, and 

what prompted you to become 

a member? 

A: I was a “Founding Member” 

of the Western New 

York Chapter of the 

Women’s Bar Association 

in about 1979 when I 

graduated law school, and 

have been a member ever 

since. When I moved back 

to Westchester in 1985, I 

joined the Westchester 

Women’s Bar Association, 

and became active in the 

chapter. I have long believed 

that women lawyers 

had a unique and valuable 

perspective on the profession 

and on specific issues 

affecting women, and the 

Women’s Bar Association 

has been a major voice in 

that effort. 

Q: Tell us about your entire 

legal career, and why 

you became a member of 

the New York State Assembly. 

A: I graduated from SUNY 

Buffalo Law School in 

1979, and was already an 

activist on behalf of issues 

involving women and 

families. I joined a small 

Buffalo law firm right out 

of law school, handling 

family law and civil rights 

litigation, and then in 1982 

I started as an Assistant Attorney 

General in Attorney 

General Bob Abrams office 

in Buffalo. I began 

handling fascinating civil 

rights cases on behalf of 

“Childcare, quality after 

school, paid leave, and a 

higher minimum wage – 

these are the key economic 

challenges for women in 

the work force. I believe 

that we need to do more 

to ensure all workers, 

especially women, have a 

path to good paying jobs 

with room for growth 

and advancement.” 

the Attorney General, and in 

1983 my husband and I 

moved to NYC and I continued 

in the Civil Rights Bureau 

of the Attorney 

General’s office. I spent 12 

years with the Attorney General, 

specializing on issues involving 

women, families, reproductive 

health care and 

legislative advocacy, including 

several years as the head 

of the Westchester Regional 

Office. Later, I spent 7 years 

as the Vice President of Government 

and Community Affairs 

for St. Luke’s-Roosevelt 

Hospital and then Continuum 

Health Partners, handling 

their very challenging 

community affairs in New 

York City as well as all their 

legislative issues on the local, 

state and federal level. 

I then worked for 3 years at 

the law firm Manatt, Phelps 

and Phillips handling advocacy 

for non- profits in the 

health care sector. 

Having grown up in Yonkers, 

and having cared 

deeply about politics all my 

life, I was anxious to return 

home and see how I could 

contribute to the large, diverse 

and challenging city 

that was my home. In 2006, 

I ran for the Assembly in Yonkers 

and lost by a narrow 

margin. I knew I would run 

again, and after 4 years as 

General Counsel to the NYS 

Senate Democrats in Albany, 

I ran again in 2012 in a special 

election after Mike 

Spano left the Assembly to 

become Mayor. I was 

elected in a Special Election 

on March 20, 2012 and 

subsequently re-elected in 

2012 and 2014. I am running 

again this November. 

While in the Assembly, I 

have fought to increase the 

minimum wage and pass 

paid family leave, increase 

Hon. Shelley S. Mayer 

state funding for the Yonkers 

Public Schools, obtain 

funding for afterschool services, 

pass legislation to 

protect vulnerable senior 

citizens, and pushed for 

increased attention and resources 

for child care. 

Among my Committee assignments 

are the Assembly 

Labor, Education, Children 

& Families, and Social 

Services committees, 

where I pride myself on my 

commitment to New York’s 

working families as well as 

those whose voices are often 

unheard. I serve as 

chair of the Assembly Education 

Sub-Committee on 

Students with Special 

Needs and each year I 

advocate for additional 

state funding for the special 

schools that serve disabled 

children. I believe in 

responsive, respectful civil 

engagement with all of our 

communities, and work on 

a bi-partisan basis with legislators 

from all of NYS to 

achieve my goals, if possible. 

Q: What do you think are 



Page 7

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An Interview with Hon. Shelley S. Mayer 

from page 7 

the most pressing issues of 

the day regarding women, 

children and families? 

A: Childcare, quality after 

school, paid leave, and a 

higher minimum wage – 

these are the key economic 

challenges for women in the 

work force. I believe that we 

need to do more to ensure 

all workers, especially 

women, have a path to 

good paying jobs with 

room for growth and advancement. 

I have also introduced 

and passed legislation 

to ensure parents 

have greater access to information 

about after 

school and child care providers, 

so they can make 

the best decision for themselves 

and their children. I 

strongly support small business 

growth and economic 

opportunity, and know that 

for many women, that is the 

path to economic self-sufficiency. 

I continue to be 

concerned that we have not 

adequately addressed the 

financial needs of seniors, 

particularly women and 

men without pensions, and 

I will be focused on that in 

the coming term. 

Q: What do you think the 

Westchester Women’s Bar 

Association should do going 

forward to work on 

those issues? 

A: Westchester Women’s 

Bar Association (WWBA) 

has a tremendous platform 

from which to educate the 

public and advocate for the 

advancement of women. It 

needs to continue to work 

in partnership and coalitions 

to further these issues 

in Albany and locally and 

remain committed to 

women’s issues, however 

they are defined. 

Q: What are your priority issues 

in the Assembly at this 

time? 

A: As an Assembly member 

representing only the City of 

Yonkers, my primary work 

each year is to to secure 

more education funding for 

the Yonkers Public Schools. 

As a district constantly struggling 

to provide students the 

services and programming 

they need and deserve, 

funding for the Yonkers Public 

Schools is an annual priority 

for me. I have also 

worked hard to ensure Yonkers 

residents and all New 

Yorkers have greater access 

to quality affordable housing, 

child care and after 

school programming, as 

well as reliable public transportation. 

On each of these 

issues, I work to secure resources 

through the budget 

process, as well as work in 

coalitions with other members 

and advocates to improve 

programming and 

services. I also work to support 

cities throughout the 

state, focus on economic 

growth and public transportation, 

and am an active 

advocate for unions and 

working people throughout 

New York. 

Q: What activities are you involved 

in, both professional, 

and personal, when you are 

not working on Assembly matters? 

A: I work full-time as an Assembly 

member, and no 

longer actively practice law. 

When I am not working on 

Assembly matters, narrowly 

defined, I am working to 

ensure Yonkers residents are 

informed, engaged and the 

strongest advocates they can 

be. In my personal life, when 

I am not working, I enjoy 

spending time with my husband, 

three adult children 

and their spouses and my 

granddaughter as well as a 

wonderful group of friends. 

I am a big Yonkers booster, 

and encourage all 

Westchester Women’s Bar 

Association members to visit, 

enjoy our restaurants and 

wonderful downtown on the 

River. 

Q: How have you managed 

to balance work and family 

all of these years? 

A: It has always been difficult 

to balance work and 

family, yet I was very fortunate 

to have had a supportive 

family, and flexible employers. 

There were times 

when my career took precedence 

over my husband’s, 

and my husband took on the 

role as primary caregiver, 

and there were times when 

both of us had demanding 

careers, and we relied on 

childcare support. We were 

always fortunate to have 

high quality childcare. I 

jumped between full time 

and part time many times, 

and did my best to make it 

work. I was blessed to have 

wonderful, supportive parents 

who lived nearby while 

our children were younger, 

and they provided emotional 

support for the ups and 

downs of work and family. 

I always counsel working 

women that the notion of 

balance is greatly exaggerated 

– you simply do 

the best you can. 

Q: What advice would you 

give to women lawyers entering 

the profession? 

A: Be open and flexible 

about the issues that motivate 

you. You may change 

your priorities over time, 

and that’s great. I found 

that money was never the 

most important thing in my 

job choices - rewarding 

and challenging work was 

far more important to me. 

My husband and I managed 

to get by in good 

times, and bad, including 

when we both lost our jobs 

on the same night as our 

elected Democratic bosses 

lost their election on the 

same day. 

Being a lawyer is a 

wonderful career and provides 

enormous opportunities 

beyond the courtroom. 

I encourage women lawyers 

to consider running for 

office – we need them in 

government! 

Q: What would you like to 

achieve in the coming 

years? 

A: I appreciate my current 

work in the NYS Assembly, 

and I look forward to continuing 

to serve the people 

of Yonkers and New York 

State for the next two years. 

I am focused on winning in 

November, but I am open 

to bigger challenges and 

the opportunity to have 

greater impact on New 

Yorkers in the future. ◗ 

Page 8 


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May Litigation Tip 

✦ CPLR 1412 AND BURDEN OF PROOF ON SUMMARY 

JUDGMENT MOTIONS 

In the mid-1970’s New York joined the majority of other jurisdictions and rejected a 

plaintiff’s contributory negligence as a total bar to recovery. A system of comparative fault was 

adopted when the Legislature enacted CPLR 1412 which provides that culpable conduct shall 

be an affirmative defense to be pleaded and proved by the party asserting it. Thus, the party that 

seeks to diminish damages by pleading that plaintiff was negligent has the parallel burden of 

proving the comparable negligence. 

Despite CPLR 1412, case law in the Second Department has held where the summary judgment 

motion is on liability only, the plaintiff must establish that he or she is free of comparative 

fault. Day v. MTA, 94 AD3d 940 (2d Dept 2012); Roman v. A1 Limousine, Inc., 76 AD3d 552 (2d 

Dept. 2010). While the First Department, in Tselebis v. Ryder Truck Rental ,Inc., 72 AD3d 198 

(1st Dept. 2010) followed the plain intent of CPLR 1412 and held no such showing was required 

by the plaintiff, in the more recent decision of Rodriguez v City of New York, 142 AD3d 778 (1st 

Dept. 2016) the Court imposed the burden of proof of being free from comparative fault on the 

plaintiff. The decisions imposing the burden upon the plaintiff to prove freedom from comparative 

fault appear to rely on the Court of Appeals decision in Thoma v. Ronai, 82 NY2d 736 

(1993). The Thoma decision has raised much discussion. The decision held plaintiff did not 

satisfy her burden of demonstrating the absence of any material fact for summary judgment and 

therefore, the lower court properly denied summary judgment. Notably, the Thoma court did not 

address whether it was plaintiff’s prima facie burden to establish that she was free from comparative 

fault. Yet, after Thoma, the courts seem to have placed that burden upon the plaintiff. 

The NYSBA Committee on Civil Practice Law and Rules recognizing the need to clarify 

CPLR 1412, proposed an amendment that has been introduced in both the Senate (S.7779) and 

Assembly (A.02776). The amendment adds language to CPLR 1412 whereby the party asserting 

the affirmative defense “shall have the burden of interposing proof of culpable conduct when 

asserting such a defense on a motion for summary judgment or at trial.” 

Since the bills remain in committee, a plaintiff moving for summary judgment on liability in 

cases in the Second and First Departments should be aware of the present burden of proof and 

be prepared to demonstrate freedom from culpable fault in order to be successful on the motion. 

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

Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan 

Report on the Status of Women in Westchester County 

from page 6 

quartered in Westchester, three are 

headed by women. The percentage of 

women in executive leadership positions 

in the largest seven corporations 

in Westchester County is 32%. The report 

further stated that of the ten largest 

non-profit organizations in 

Westchester, three are headed by 

women. Women hold 78% of senior 

leadership positions, but only 30% of 

chief executive officer positions. Interestingly, 

the report also noted that 

women are more likely than men to be 

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 

registered to vote and are more likely 

to vote. Overall, the WWA study generated 

a lively discussion on various 

important issues affecting women in 

Westchester County. 

To read the full report, please visit: 

www.wwagenda.org ◗ 


Page 9

Chapter News and Announcements 

Announcements & Notes on Members 

❑ Donna Frosco 

has been appointed to the Executive Committee of Entertainment 

Art & Sports Law (“EASL”) Section of the New York State Bar Association. Donna will 

Co-chair the Copyright & Trademark Committee for EASL. Donna is a WWBA Board 

Member and Past President of our parent association, WBASNY. She is a Partner with 

Dunnington Bartholow & Miller LLC where she focuses on matters relating to protection, 

transfer and licensing of intellectual property; issues relating to technology, data 

and cyber-security; construction law; general business matters and litigation and dispute 

resolution. Donna can be reached at dfrosco@dunnington.com and 

www.dunnington.com. ◗ 

President’s Message 

from page 3 

to train volunteers to assist immigrant families to prepare documents for unexpected 

detention by Immigration and Customs Enforcement. It is easy to forget the human 

suffering caused by divisive policy issues such as Immigration and I am grateful to Natanya 

Briendel for offering our members a way to work closely on this issue. Several workshops 

have taken place in April and I am certain there will be more to come. 

At the General Membership Meeting on April 4th, titled “A Converation with District 

Judges in White Plains,” attendees learned best practices from S.D.N.Y. Judges Hon. 

Nelson S, Roman and Hon. Lisa Margaret Smith. Special thanks to Donna Frosco, Past 

President of WBASNY, for coordinating this program and moderating the panel of judges. 

Many thanks also to Lucia Chiocchio, WWBA Past President and Amanda Fried, Program 

Co-chairs for organizing the venue and registration. Thank you also to our program 

co-sponsors, the Federal Bar Association and the White Plains Bar Association. 

At our Fourth and Final General Membership Meeting of the current program year, 

WWBA members voted on the 2017- 2018 WWBA slate of officers and directors as well 

as our incoming WBASNY officers. Congratulations to all on the slate! Don’t miss your 

opportunity to congratulate them in person at our Annual Dinner on June 7th at the 

Mamaroneck Beach and Yacht Club. 

On a final note, I would like to add my personal condolences to the family and 

friends of Judge Sheila Abdus-Salaam. Her sudden death just a few shorts weeks ago left 

us shocked and stunned. In past years, Judge Abdus-Salaam appeared on WWBA 

panels and attended as a guest at WWBA events. Each time we met her she was a 

generous and gracious woman, lawyer, and perhaps most strikingly, a role model. Her 

life story and very presence motivated us to try harder, taught us to uncover our true 

potential, and led us to overcome personal and professional barriers. She moved us 

from what could have just been our mediocre and inspired us instead to become our 

best. A heartfelt thank you to Judge Abdus-Salaam. May we remember your legacy and 

honor it by becoming the finest lawyers we can be. ◗ 

~ 2017-2018 WWBA SLATE OF OFFICERS AND DIRECTORS ~ 

President: Lisa M. Denig 

President-Elect: Kim Berg 

Vice Presidents: 

Amanda Fried, Jennifer Gray, Hon. Lisa M. Smith 

Treasurer: 

Angela Morcone Giannini 

Corresponding Secretary: Elizabeth Marcus 

Recording Secretary: Natanya Briendel 

Directors: Gail M. Boggio, Helene Cote, Lonya Gilbert, Shari R. Gordon 

Adrienne Orbach 

State Directors: Robin D. Carton, Kitley Covill, Susan Edwards Colson, 

Donna Frosco, Marion Genio, Teresa A. Girolamo, Annette G. Hasapidis, 

Jane Silverman 

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 


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. 

The Westchester Women’s Bar Association 

requests the pleasure of your company at its 

ANNUAL DINNER 

AND INSTALLATION OF OFFICERS 

Our Distinguished Keynote Speaker: 

CAROL ROBLES-ROMÁN 

President and CEO, The Women’s Legal Defense and Education Fund 

Wednesday, June 7, 2017 

Mamaroneck Beach & Yacht Club 


 

We also welcome your ad in our Souvenir Journal: 

Outside Back Cover - $1,000; Inside Back Cover - $600 

Inside Front Cover - $600; Gold Page - $400 

Full Page - $350: Half Page - $200; Quarter Page - $150 

Please contact Amanda C. Fried, Esq. at afried@cartonrosoff.com 

You can also place your ad order online at www.wwbany.org 


Page 11

WWBA Schedule of Upcoming Events 

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

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 

5/9/17 

5:30-8:00 p.m. 

BNY Mellon 

701 Westchester Ave 

White Plains, New York 


21 Scarsdale Road 



21 Scarsdale Road 


WBASNY 5/18-5/20/17 Water’s Edge Resort and 

Spa 

1525 Boston Post Road 

Westbrook, CT 06498 

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 

White Plains, New York 

Mamaroneck Beach and 

Yacht Club 


Guardians Ad Litem and 

Court Evaluators: A 

Comparison of Ethical 

and Procedural 

Obligations under the 

Part 36 Rules 

ABCs of ADA – 

Protecting Your Client 

and Expanding Your 

Practice under the 

Americans with 

Disabilities Act 

Convention 2017 

Law Day and Take Your 

Children to Work Day 

Annual Dinner and 

Installation of Officers 

Susan Edwards Colson 

president@wwbany.org 

if you are unable to attend 

Register online at 


or email 

executivedirector@wwbany.org 

Register online at 


or email 

executivedirector@wwbany.org 

For information email 

dscalise@scaliseethics.com 

Register online at www.wwba.org 

or email lisadenig@yahoo.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 May 2017 Newsletter

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