WWBA June 2017 Newsletter

Westchester Women’s Bar Association 

JUNE 2017 

WWBA 

Newly Formed WWBA Immigration 

Committee Presents an Informative 

CLE on the U.S. Immigration System 

Henry Mascia 

T 

he newly formed WWBA Immigration 

Committee made its 

debut last month, presenting a 

CLE entitled “Immigration Law for the 

General Practitioner.” The well attended 

program was held on May 4, 2017 at the 

Elizabeth Haub School of Law at Pace University. 

The program provided non-immigration 

attorneys with a basic overview 

of the U.S. immigration system and with 

specific practice pointers in the areas of 

matrimonial, labor and employment, 

criminal, and tax law. Henry Mascia presented 

an overview of the immigration 

system and described how immigration law 

can affect labor and employment law. Lisa 

Johnston explained family-based immigration 

applications and how they intersect 

with matrimonial and tax law. Marcia 

continued on page 4 ➥ 

INSIDE THIS ISSUE 


WWBA Gender Fairness 

Committee Celebrates 

Women’s History Month 

(page 6) 

An Interview with 

Hon. Helen M. Blackwood 

(page 7) 

June Litigation Tip 

(page 9) 

WWBA Upcoming Events 

(page 12) 

Flore Blaise-Williams, Marcia Guevara and 

Henry Mascia 

SAVE THE DATE 

Westchester Women’s Bar Association News 

news 

www.wwbany.org 

WESTCHESTER 

WOMEN’S BAR 

ASSOCIATION 

ANNUAL DINNER 

June 7, 2017 

Mamaroneck Beach 

and Yacht Club 

Mamaroneck, New York 

PWJC COCKTAILS 

FOR A CAUSE 

FUNDRAISER 

June 28, 2017 

Lola’s Mexican Kitchen 

White Plains, New York 

PRESIDENT’S 

MESSAGE 

Of late, conversation 

has centered 

on questions about 

winding down my 

term as WWBA 

President. The first 

few times I was asked 

about this, I hesitated 

before I answered 

because I was a little 

surprised, thinking 

Susan Edwards 

Colson 

“A year? Already?” The fact that I am 

having a hard time believing my term 

is almost over is evidence that I truly 

enjoyed being WWBA President. 

However, one does not do this job 

alone. Deep thanks to the dutiful, devoted 

officers and outstanding board 

of the WWBA! To the vice presidents, 

Joelle Burton, Jennifer Netrosio, and Lisa 

Denig, thank you for being there every 

step of the way. To the recording secretary, 

Angela Giannini, and the corresponding 

secretary, Kim Berg, thank you 

for dedication to these relentless tasks. 

And, speaking of relentless, thanks also 

to Amanda Fried, for keeping the books 

and keeping us straight with Women’s 

Bar Association of New York 

(“WBASNY”) at membership settle-up 

time. Undying thanks to our executive 

director Elisabeth Campos, for keeping 

everything organized and especially for 

working every Thursday night to put our 

Weekly Update in your inbox each Friday. 

Thanks also to our committee 

chairs and members whose meetings 

and CLE’s filled the calendar with superb 

and informative programs. 

Occasionally throughout the year 


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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 

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 first thing that 

comes to mind about 

the WWBA is that 

diversity and inclusion 

are a core value. 

Diversity of gender, 

of race, of religion 

and of ethnicity.” 

I was asked: Why a Women’s Bar? What 

is different about WWBA? A half century 

ago, other bar associations (actually, many 

clubs or groups) might have subtly or notso-subtly 

excluded members on the basis 

of race, religion, gender or national origin. 

So the first thing that comes to mind 

about the WWBA is that diversity and inclusion 

are a core value. Diversity of gender, 

of race, of religion and of ethnicity. 

There is also diversity of age. Our 

membership includes dozens of lawyers 

who have been admitted for less than five 

years. Here, we never think of them as “junior 

attorneys” in any way. Here, they are 

“lawyers” like the rest of the members. Their 

perspectives, insights and experiences enrich 

us all. Our tradition of inclusion poses 

the challenge of recruiting those lawyers 

to join us and the challenge of exciting 

them about the ideals that brought our 

founders together nearly half a century ago. 

Our committees and task forces are immediately 

open to their perspectives and 

thoughts. 

There is also “diversity” of what we 

accomplish as lawyers. In days’ past, many 

of our members and, indeed, most of the 

bar, were in private practices, either alone 

or in a law firm. Today, many of our members 

work directly for institutions, businesses 

or the government in addition to solo practice 

or in firms large and small. They too 

are members here and their experiences and 

perspectives are invaluable. Together, we all, 

as lawyers, confront the challenges of today 

and plan the actions of tomorrow. 


Editor’s Note 

In these divine pleasures permitted to me of walks in the June night under moon 

and stars, I can put my life as a fact before me and stand aloof from its honor 

and shame. 

~ Ralph Waldo Emerson, Journals 

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 



Business Card Ad 



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. 


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NYLAG FREE LEGAL CLINIC 

FOR PRO SE LITIGANTS IN 

WHITE PLAINS AND NYC 

FEDERAL COURTHOUSES 

Immigration Committee 

Presents CLE on the U.S. 

Immigration System 

from page 1 

Guevara distilled a complex topic into easy-to-understand points, 

when describing the immigration consequences of criminal activity. 

Finally, Flore Blaise-Williams drew on her vast experience 

to explain the difficulties posed to attorneys who represent clients 

who survived domestic violence. All of the program speakers are 

WWBA members who practice immigration law. ◗ 

The New York Legal Assistance 

Group (NYLAG) is 

making available a Legal 

Clinic for Pro Se Litigants in 

the Southern District of New 

York. This is a free legal 

clinic staffed by attorneys 

and paralegals to assist 

those who are representing 

themselves or planning to 

represent themselves in civil 

lawsuits in the Southern District 

of New York. The clinic, 

which is not part of or run by 

the Court, assists litigants with 

federal civil cases, including 

cases involving civil rights, 

employment discrimination, 

labor law, social security 

benefits, foreclosure, and 

tax. 

The Clinic is open in the 

Charles L. Brieant, Jr. Federal 

Building and United 

States Courthouse, 300 

Quarropas Street, White 

Plains, NY 10601, on 

Wednesdays from 1:00 pm 

to 5:00 pm, and in the 

Thurgood Marshall United 

States Courthouse, Room 

LL22, 40 Centre Street, New 

York, NY 10007, weekdays 

from 10:00 am to 4:00 pm. 

A pro se litigant may consult 

at either location. Neither 

clinic is open on federal or 

court holidays. To make an 

appointment for a consultation, 

call (212) 659-6190 or 

come by either clinic during 

office hours. Please note 

that a government-issued 

photo ID is required to enter 

either Courthouse. The clinic 

offers in-person appointments 

only. The clinic does 

not offer assistance over the 

phone or by email. 

The Clinic is also seeking 

volunteer attorneys at the 

White Plains Federal Courthouse 

to conduct substantive 

intake interviews for walk-in 

visitors and to assist clinic 

visitors with drafting brief 

court papers and correspondence. 

For clients with a 

case pending in the SDNY, 

volunteers assess whether 

there are any pending 

deadlines, and whether the 

individual has any specific 


Flore Blaise-Williams, Marcia Guevara, Henry Mascia and 

Lisa Johnston 

Contact banking professionals 

experienced in serving your 

unique needs 914-367-9000: 

Michael Henderson, 

Senior Managing Director 

Larry McElroen, Managing Director 

Anthony Forgione, Managing Director 

Moira Kiernan, Managing Director 

To learn about Sterling’s full suite 

of services, visit snb.com 

Member 

FDIC 

A Leader in Serving the 

Legal Services Community. 

That’s Sterling. 

Expect the highest caliber of personal 

service and banking expertise. 

Expect extraordinary. 

Page 4 


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Informative CLE on Navigating the New 

Maintenance Guidelines 

Joy S. Joseph, Shari Gordon and 

Lauren Morrissey 

On April 24, 2017, the 

Families, Children & the Courts 

Committee presented a Continuing 

Legal Education Program, 

“Navigating the New 

Maintenance Guidelines and 

Their Effect on Child Support 

from a Judicial Perspective”, at 

the Sterling National Bank in 

Tuckahoe. CPA Barbara E. Bel, 

took us step-by-step through a 

mock tax return, explaining the 

significance of various lines on 

the return, interpreting entries 

on the return and offering 

Hon. Allen Hochberg, Hon. Linda Jamieson, and Hon. Carol Swidler 

suggestions as to how and where 

to ferret out hidden income. We 

then heard from a Court Attorney 

Referee, Hon. Carol Swidler, 

two Supreme Court Justices, 

Hon. Linda Jamieson and Hon. 

Gretchen Walsh, and Support 

Magistrate Hon. Allen 

Hochberg, who spoke of how 

they have been applying the 

maintenance and child support 

statutes in the cases that come 

before them. Alayne Katz, Esq. 

served as the Moderator. The 

program was well received with 

more than 60 attendees. 


Hon. Allen Hochberg 

Hon. Gretchen Walsh 


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Gender Fairness Committee Celebrates 

Women’s History Month 

Margaret Corchado 

The Ninth Judicial District 

Committee to Promote 

Gender Fairness in the 

Courts recognized the winners 

of its Annual High 

School Essay Contest at a 

breakfast held on May 5, 

2017 in celebration of 

Women’s History Month. Supreme 

Court Justice Terry 

Jane Ruderman, Chair of the 

Committee, presented the 

awards. The generosity of 

various professional organizations 

and bar associations, 

including the 

Westchester Woman’s Bar 

Association, enabled the 

committee to award cash 

prizes to the students. 

In the freshman/sophomore 

category, Emily Diaz 

from Harrison High School 

won first prize and Mikayla 

Tucci, also from Harrison 

High School won second 

prize. In the junior/senior 

category, Isabelle Johnson 

from Hastings High School 

won first prize and Andreas 

Mikayla Tucci, Isabelle Johnson, Hon. Terry Jane Ruderman, Emily Diaz and Andreas Radovanovic 

Radovanovic, also from 

Hastings High School won 

second prize. The essay 

topic was: 

Joseph is a male student 

at American High School. He 

wants to try out for the 

school’s field hockey team, 

which is traditionally comprised 

of all girls. The school 

does not have an equivalent 

team for boys. The field 

hockey coach refuses to let 

Joseph try out solely because 

he is a boy. A group of parents 

have also opposed the 

idea, stating that boys should 

not be allowed to play on an 

all-girls team. Joseph’s parents 

have filed a complaint 

Informative CLE on Navigating the New Maintenance Guidelines 

from page 5 

The Families, Children & 

the Courts Committee is very 

grateful to Justice Jamieson, 

Justice Walsh, Referee 

Swidler, Support Magistrate 

Hochberg and Ms. Bel as 

well as to our former Co- 

Chair, Alayne Katz, for the 

time and energy that they 

devoted to preparing for and 

presenting this stimulating 

and informative program. 

Thank you to Sterling National 

Bank for once again 

donating their excellent facility 

for this event. ◗ 

Hon. Carol Swidler 

Barbara E. Bel, CPA 


Page 6 


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An Interview with Hon. Helen M. Blackwood 

Susan L. Pollet 

Chair of the Archive and 

Historian Committee 

Q: Tell us about your legal 

career, prior to becoming a 

Judge, and as a Judge. 

A: After receiving my JD, I 

obtained an LLM in Taxation. 

I worked in the private 

sector as in-house corporate 

tax counsel for approximately 

twenty years. After 

leaving the private sector, I 

became Corporation Counsel 

for the City of Mount 

Vernon where I served for 

seven years. I was appointed 

Mount Vernon City 

Court Judge by Mayor 

Clinton I. Young in 2009. 

Q: Why did you want to become 

a Judge, and what are 

your biggest challenges serving 

on the bench? 

A: I cannot say that becoming 

a judge was my life ambition. 

I enjoyed my tenure 

as Mount Vernon Corporation 

Counsel as it provided 

challenging legal issues in a 

wide variety of areas from 

employment law to real estate 

development and financing. 

Becoming a judge 

in Mount Vernon was a continuation 

of my public service, 

and provided the opportunity 

to make decisions 

that directly and immediately 

affected the daily lives of the 

“I would advise women 

lawyers to find a mentor, 

take advantage of every 

opportunity that comes 

their way to network 

with people outside of 

their milieu, and not be 

afraid of change.” 

individuals of Mount Vernon. 

Q: What advice do you have 

for women lawyers entering 

the legal profession? 

A: I would advise women 

lawyers to find a mentor, take 

advantage of every opportunity 

that comes their way to 

network with people outside 

of their milieu, and not be 

afraid of change; accept invitations 

to events and volunteer 

with community service 

organizations. I began my 

career in the public sector as 

First Assistant Corporation 

Counsel in Mount Vernon. I 

was offered that position 

while still working as an inhouse 

corporate tax attorney. 

I happened to attend a char- 

ity fundraising luncheon at the 

New York Hilton where I encountered 

Mayor Ernest 

Davis. At the time, I was just 

beginning to think about a 

career change, and after that 

chance encounter, we spoke 

further and he offered me the 

position. 

Q: What are your suggestions 

for how the Westchester 

Women’s Bar Association can 

continue to help women and 

families? 

A: The WWBA can provide 

women the opportunity to 

make new connections and 

network. This exposure can 

assist in client development, 

career changes, or simply the 

opportunity to meet women 

Hon. Helen M. Blackwood 

who have similar goals and 

challenges. 

Q: How has the practice of 

law changed in Westchester 

County over the years? 

A: From the perspective of 

a judge, the change I see 

most on a day to day basis 

is the increasing number of 

women on the bench. 

Q: What are your interests 

when you are not serving as 

a Judge? 

A: I am a member of community 

service organizations 

and I enjoy travel 

Q: How have you balanced 

work and family life over the 

years? 

A: I am not sure that I have 

balanced work and family. 

Life is about choices and 

compromise. ◗ 

NYLAG FREE LEGAL CLINIC FOR PRO SE LITIGANTS 

from page 5 

questions or needs to draft 

any documents. For clients 

who have not yet filed, volunteers 

assess whether the 

individual has a claim that 

could properly be filed in the 

SDNY, and if not, direct the 

individual to the appropriate 

venue, and if at all possible 

provide referrals to appropriate 

legal services providers 

for those venues, or 

other referrals, as necessary. 

The volunteers will be provided 

with an orientation and 

training and will be supervised 

by Clinic staff. Those 

interested in volunteering 

should contact Robyn 

Tarnofsky, Director, NYLAG 

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 

Legal Clinic for Pro Se Litigants, 

Thurgood Marshall 

U.S. Courthouse, Room 

LL22, 40 Centre Street, New 

York, NY 10007, telephone 

(212) 659-6191, email 

RTarnofsky@nylag.org. ◗ 


Page 7

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

GUARDIAN AD LITEM AND COURT EVALUATORS: 

A Comparison of Ethical and Procedural Obligations under 

the Part 36 Rules 

Patricia Angley 

On May 4, 2017, the 

WWBA Elder /Health and Trusts 

and Estates Committees cosponsored 

a two credit CLE (including 

one ethics credit) on 

Guardians Ad Litem (GAL) and 

Court Evaluators. The program 

discussed the ethical and procedural 

obligations of each 

court appointment under the 

Part 36 Rules of the Chief Judge 

of the State of New York. We 

enjoyed the hospitality of our 

hosts, Anthony J. Forgione, VP 

and Michael McNamara, Senior 

Client Associate of Sterling 

National Bank and the delicious 

food provided by our 

generous sponsor, Court Street 

Abstract, Inc., with Brad R. 

Sacks, Esq., Vice President and 

Heather E. Jacobs, Account Executive, 

giving an introductory 

explanation of the services they 

provide. 

Our speaker, Joseph M. 

Accetta, Esq., Court Attorney/ 

Referee in the Adult Guardianship 

Part of the Supreme Court, 

Westchester County presented 

a lively and interactive discussion 

that engaged all the participants 

and was very informative. 

Speaking from years of 

experience in Surrogate’s Court 

and now the Guardianship 

Part, Mr. Accetta emphasized 

the training needed to be eligible 

under the Part 36 Rules 

for appointment as a GAL in 

Surrogate’s Court under the 

Surrogate’s Court Procedure 

Act (SCPA) and as a Court 

Evaluator in an Adult Guardianship 

proceeding under Article 

81 Of the Mental Hygiene 

Law (MHL). 

GALs act as advocates for 

their wards (infants, incapacitated 

persons, unknown distrib- 

Elizabeth Cumming and Joseph Accetta 

utes) and have affirmative obligations 

to represent their interests 

in any probate proceeding, 

SCPA Article 17-A Guardianship 

or compromise action 

for wrongful death/personal 

injury. GALs submit a written 

report to the court after a thorough 

investigation which 

should contain the jurisdictional 

basis for the proceeding, findings 

of fact, and conclusions 

as to the ward’s interest with 

recommendations and objections, 

if any. Reasonable compensation 

of GALs for their services 

is based upon their detailed 

affidavit of services, complexity 

and nature of the case, 

the amount of the ward’s interest 

and the court’s discretion. 

Court Evaluators (CE) may 

be attorney or non-attorney 

appointments under Part 36 

and must complete the required 

education in order to qualify. 

CEs act as the eyes and ears of 

the court in an Adult Guardianship 

Proceeding and are 

empowered to stop the loss of 

money of the alleged incapacitated 

person (AIP) who is the 

subject of the Guardianship 

Petition. CEs interview all relevant 

and necessary parties including 

the AIP, the proposed 

guardian, family members, 

friends, medical professionals 

and financial advisors. CEs 

determine whether the AIP can 

meaningfully participate in the 

proceeding and whether the AIP 

wants counsel appointed. The 

CEs detailed report contains all 

relevant information for the court 

including whether the AIP consents 

to the appointment of a 

guardian and what is the least 

restrictive form of intervention 

under the circumstances. Reasonable 

compensation of CEs 

depend upon a detailed affidavit 

of services with time records 

and, if the petition is granted, 

CEs are paid from the AIP’s assets 

and if the petition is denied, 

CEs are paid by the petitioner 

or AIP or both. ◗ 

Gender 

Fairness 

Committee 

Celebrates 

Women’s 

History Month 

from page 6 

with the school’s principal. 

What should the principal do 

and what factors should be 

considered? 

The students read their 

essays to the more than 50 

assembled guests. Those in 

attendance included Justice 

Alan D. Scheinkman, Administrative 

Judge for the 

Ninth Judicial District, State 

Supreme Court Justices John 

P. Colangelo, Lawrence H. 

Ecker, Linda S. Jamieson, 

Lewis J. Lubell, O. Peter 

Sherwood, Mary H. Smith, 

Bruce E. Tolbert and Charles 

D. Wood, and former Administrative 

Judge for the 

Ninth Judicial District Francis 

A. Nicolai. Also in attendance 

were Kevin J. Plunkett, 

Deputy County Executive of 

Westchester County, and representatives 

of various bar 

associations including Susan 

Edwards Colson, Esq., President 

of the Westchester 

Woman’s Bar Association, 

and Julie S. Kattan, Esq., 

President of the Westchester 

Woman’s Bar Association 

Foundation. 

The committee anticipates 

that this contest and 

awards breakfast will be 

held again next year and is 

hoping for even greater participation 

in the district. ◗ 

Page 8 


June Litigation Tip 

✦ NEW YORK HAS ADOPTED THE UIDDA 

There are occasions where your litigation in New York involves evidence located in another 

state. Recently at a deposition in New York, an issue arose about evidence located outside of 

New York pertinent to the litigation. Immediately the discussion amongst the attorneys involved 

the hassle in obtaining commissions from the New York trial court and seeking an order in the 

foreign jurisdiction to enforce the commission. What I realized is that practitioners often forget 

that New York is one of many states that has joined the UIDDA, the Uniform Interstate Depositions 

and Discovery Act, which established a procedure for securing the out of state subpoena. 

The procedure eliminated the need for commissions. So, here is a friendly reminder. 

Once New York joined the UIDDA, New York citizens are subject to out of state subpoenas. 

The UIDDA is codified in New York Civil Procedure Rules and Regulations section 

3119. It is important to recognize that CPLR 3119 is New York’s statute permitting foreign 

jurisdictions to submit subpoenas in New York for evidence located in New York. So, while 

that section allows practitioners in other states to submit subpoenas in New York, it makes 

New York a member of the UIDDA. This in turn allows New York practitioners to make use 

of this discovery tool in other states. New York attorneys wanting to use the UIDDA procedure 

must look to the foreign state where the evidence is located and determine whether that 

state is a member of the UIDDA. 

The process is relatively simple. Once you determine the foreign state is a UIDDA member, 

the New York attorney must consult that state’s rules concerning the processing of the 

subpoena under the UIDDA. Generally, there will be two subpoenas prepared. The New 

York subpoena addressing all the items sought in the foreign jurisdiction and an accompanying 

foreign state subpoena that addresses the identical items sought in the NY subpoena and 

includes all counsel of record and any pro se individuals properly identified by names, addresses 

and telephone numbers. It would be helpful to also include a cover letter with the 

foreign subpoena advising the clerk in the foreign jurisdiction that the subpoena is sought pursuant 

to the UIDDA under that state’s codified rule. 

Once the subpoena is issued by the foreign court, the New York attorney must then have the 

subpoena properly served in the foreign jurisdiction. Use of a process server in that foreign 

jurisdiction would be wise to comply with the rules of service of process in that jurisdiction. 

More than half the states in the US have adopted the UIDDA. For a list of states participating 

in the UIDDA see http://uniformlaws.org. In our tri-state area, New York and New 

Jersey are members of the UIDDA but Connecticut is not. Where the evidence is located in a 

state that is not a member of the UIDDA, the attorney unfortunately will have to revert to the 

old procedure of commissions or a court order. 

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

Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan 


Page 9

Chapter News and Announcements 

President’s Message 

from page 3 

In times past, any bar association might have described its mission to advance the 

administration of justice in the public interest and to elevate the standards of integrity, 

honor and courtesy in our profession. Integrity, competence and collegiality – in the 

public interest. As you know, WWBA’s position on a lawyer’s duty to provide pro bono 

service is expressed in terms that include public service within the letter and spirit of pro 

bono publico. I have continually called on and they continually heeded to assist the 

many modest sized not-for-profits whose need for help is not matched by the means to 

pay. As lawyers, each of us is especially suited to say “Yes” when asked to serve in 

helping a non-profit board, helping update its structure, plan its work, or with its many 

compliance efforts. Last Fall, I was proud to accept, on behalf of our membership, the 

recognition given our organization by the Pace Women’s Justice Center. Our collaboration 

with the Center is just one of our many projects where the WWBA and many of 

its members work in advancing the public interest. We were so honored and the work 

not only continues but in fact has expanded to today. 

This past year brought further emphasis and progress in this area with a 

groundbreaking partnership between WABSNY and the New York State Bar Association 

that will help victims of domestic violence and their children get the legal relief, 

safety and stability they need. Domestic violence, defined as ongoing, purposeful behavior 

aimed at exerting power and control over one’s intimate partner, and can be 

psychological, physical, sexual or economic in nature, has reached an epidemic level 

in New York and across the country. New Yorkers statewide experience domestic violence 

without regard to gender identity, race, sexual orientation, religion, ethnicity, 

age, disability or educational or economic status. 

Domestic violence victims often have few resources and desperately need legal 

help in obtaining orders of protection against their abusers and in addressing collateral 

issues including housing, child support, custody and visitation, and divorce. Highquality 

civil legal assistance plays an invaluable role in protecting and empowering 

victims and their children. But the need dwarfs the available resources. Despite the 

tremendous efforts by legal services lawyers and the many hours of pro bono service by 

members of the private bar, there continues to be an urgent need for legal representation 

of domestic violence victims. 

To assist and support legal services providers and increase access to justice for 

victims, we have joined forces to create the NYSBA/WBASNY Domestic Violence Initiative. 

Building on work done by and working closely with WBASNY and its chapters and 

NYSBA Sections and committees, our partnership will leverage our combined resources 

and tap our extensive membership around the state to collaborate with and assist 

existing legal services providers and bar association and law firm programs, help in 

recruiting and training volunteer attorneys, and expand pro bono programs serving 

domestic violence victims. The Initiative will include representatives from legal services 

providers, bar association and law firm pro bono programs, the private bar, the state 

court system, and law schools, and will have three major components: education and 

training: expanding pro bono services, and legislative advocacy. In short, this partnership 

will help victims of domestic violence and their children get the legal relief, safety 

and stability they need. I am sure you will continue to hear of our progress. 

As you can see with this ambitious effort, WWBA members will never look the other 

way and say, “Someone else needs to deal with that.” Our challenge is to keep “doing 

that” and inspire others to join in the effort. Indeed, it would be easy to say that the 

traditions of the past present a challenge of such magnitude that we will merely sustain 

what we have been doing and what we are doing in terms of our programs. This past 

year often reminded me that things rarely go smoothly. New challenges present themselves 

regularly. The WWBA will continue talking about, refining and developing ideals 

in response to new challenges. My optimism remains as strong as ever. ◗ 

Become a New 

Member Today 

RENEW YOUR 

WWBA MEMBERSHIP TODAY FOR 

THE PERIOD 

JUNE 1, 2017 TO MAY 31, 2018. 

RENEW NOW! DON’T WAIT! 

WWBA Membership includes 

membership to the Women’s Bar 

Association of the State of New York 

(WBASNY). 

January 31, 2018 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: 

JOANN D’EMILIO 

Kommer Bave & Ollman LLP 

145 Huguenot Street, Suite 402 

New Rochelle, NY 10801 

914-633-7400 

jdemilio@kboattorneys.com 

SARA KULA, ESQ. 

sara@sarakula.com 

NINA Y. . LEE, , ESQ. 

Riebling, Proto & Sachs, LLP 

1 North Broadway, Suite 401 

KATE ROBERTS 

TS, , ESQ. 

Zarin & Steinmetz 

81 Main Street 

Suite 415 

White Plains, NY 10601 

kroberts@zarin-steinmetz.com 


nlee0323@gmail.com 

 

ARIN LIEBMAN, , ESQ. 

Keane & Beane PC 

445 Hamilton Ave., St. 1500 


aliebman@kblaw.com 

 

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 

Legal Momentum – The Women’s Legal Defense and Education Fund 

Wednesday, June 7, 2017 

Mamaroneck Beach & Yacht Club 


 


Page 11

WWBA Schedule of Upcoming Events 

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

WWBA Annual Dinner 6/7/17 

5:30 p.m. Cocktails 

7:00 p.m. Dinner 

Mamaroneck Beach and 

Yacht Club 


Annual Dinner and 

Installation of Officers 

Register online at www.wwba.org 

or email lisadenig@yahoo.com 

Pace Women’s Justice 

Center 

6/28/17 

5:30-7:30 p.m. 

Lola’s Mexican Kitchen 

169 East Post Road 


Cocktails for a Cause 

Fundraiser 

Register online at PWJC or email 

questions to 

pwjcevents@law.pace.edu 

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 June 2017 Newsletter - M

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