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WWBA April 2018 Newsletter

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○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ NEVER BE “TOO BUSY” TO BE A MENTOR from page 6 enhances diversity in the profession and advances the professional development of women attorneys. The committee created the award in Murray’s honor in 2008. Murray, who died in January, was the former general counsel to the New York City Department of Juvenile Justice and was active with the State Bar Association for many years, including serving as chair of the Committee on Women in the Law. Mentoring is a Challenge Smith said the award gives credit to professionals who serve as active mentors for women attorneys, “but it is important that we support and encourage all those who face challenges, whether it is because of their gender, or their race, or their sexual identity, or their age, or their disability status, or simply their circumstance in life.” Smith recalled a young black man named William who appeared before her in court charged with a serious crime and later pled guilty to a misdemeanor. “William had a few stumbles, but eventually he served his probationary sentence, and he chose a path that led him to attend Pace Law School, where I came to know him again as a student in my evidence class,” recalled Smith. When William graduated from Pace Law School, Smith was among those congratulating him, but his trials did not end there, as he struggled to gain admittance to the Bar because of the criminal conviction. Smith is proud to say that William is now a full member of the New York Bar “and that he did so, in some small part, due to my No Excuses: 2018 Kay Crawford Murray Award recipient Judge Lisa Margaret Smith says that it is important that “we support and encourage all those who face challenges.” (Photo by Richard A. Smith) presence as a mentor in his life,” said Smith. “Do not give up on those you come into contact with. Mentoring is a challenge, but you will attain the greatest satisfaction when someone you have mentored achieves his or her goal, despite the steepest odds,” said Smith. Sharing Knowledge Smith, who sits in White Plains, was originally appointed in 1995 as a magistrate judge. From 2006 to 2008, she served as chief magistrate judge for the Southern District. Before her appointment to the bench, Smith was an assistant U.S. attorney in the Southern District of New York from 1987 to 1995. She also served as an assistant district attorney in “Do not give up on those you come into contact with. Mentoring is a challenge, but you will attain the greatest satisfaction when someone you have mentored achieves his or her goal, despite the steepest odds.” ~ Judge Lisa Margaret Smith ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Kings County, where she worked her way up to supervising senior ADA in the Appeals Bureau. She also spent time as an assistant attorney general in the Appeals and Opinions Division of the New York State Department of Law. Smith frequently lectures at CLE and bar association programs, with a particular focus on e-discovery and evidence. She is a regular participant in events that educate children about the courts, including Take Your Children to Work Day, an annual program of the Westchester Women’s Bar Association. In addition to Murray, Smith said she was also honored to join the ranks of such greats as the Honorable Sondra Miller of the Appellate Division Second Department, and the Honorable Jenny Rivera of the New York Court of Appeals, as a recipient of this award. “Kay Crawford Murray personified a quote from Martin Luther King, Jr.,” said Smith, “which is: ’Life’s most persistent and urgent question is, what are you doing for others?’” ◗ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Christian Nolan is a senior writer for the New York State Bar Association. Page 8 Westchester Women’s Bar Association News

April Litigation Tip ✦ E-FILING TECHNOLOGY REACHES OUR APPELLATE DIVISION! On March 1, 2018, all four appellate departments approved mandatory electronic filing rules for certain appellate cases. The rules apply to cases where the Notice of Appeal is filed on or after March 1, 2018.* The new electronic filing rules are codified at 22NYCRR Part 1245 and Attachment A discusses the formatting rules for the documents that are electronically filed. The new rules also can be found at www.nycourts.gov/RULES/jointappellate/ 22NYCRRPart1245-03-01-2018A.pdf. The rules do provide for personal exemptions at NYCRR 1245.4(a)(1) and (2) for the unrepresented litigant and exempt attorneys are defined in the rules and CPLR 2111(b)(3)(a) or (B). While all the electronic filings are through the NYSCEF system, each department has very specific rules and differ as to what types of cases require electronic filing. The First Department requires electronic filing for all appeals on commercial matters originating in the Supreme Court, Bronx and New York Counties. The Second Department requires electronic filing of all appeals in matters originating and electronically filed in the Supreme Court and Surrogate’s Courts in Westchester County. The Third Department requires electronic filing for all appeals in civil actions commenced by summons and complaint in the Supreme Court originating in the Third Judicial District and the Fourth Department requires electronic filing of all appeals in matters originating in, or transferred to, the Commercial Division of the Supreme Court in the Fourth Judicial Department. It is also anticipated that each Department will gradually increase the types of appellate cases which require electronic filing and therefore attorneys filing appeals should consult the new rules frequently. Additional information specific to each department can be accessed through the following links: ❑ 1st Dept: http://www.nycourts.gov/courts/ad1/efiling.html ❑ 2nd Dept: http://www.nycourts.gov/courts/AD2/efiling ❑ 3rd Dept: http://www.nycourts.gov/courts/ad3 ❑ 4th Dept: http://www.nycourts.gov/courts/efile * Each Department has specific rules with regard to those cases where the Notice of Appeal was filed before March 1, 2018 and the Appeal will be perfected before May 15, 2018. Written by Angela Morcone Giannini, Co-Chair, Litigation Committee Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan Westchester Women’s Bar Association News Page 9