Westchester Women’s Bar Association
WWBA
SPECIAL ISSUE IN RECOGNITION OF BREAST CANCER AND DOMESTIC VIOLENCE AWARENESS MONTH
OCTOBER 2018
GENERAL MEMBERSHIP MEETING:
Implicit Bias is Real: A Candid Discussion on
Subconscious Stereotyping
Stephanie Melowsky and Jacqueline Hattar
T
he Honorable Shira A.
Scheindlin (U.S.D.J. Ret.), of
Counsel, Stroock & Stroock &
Lavan, Taa Grays, Esq., Vice President and
Associate General Counsel of Information
Governance at MetLife, and Nikki Adame-
Winningham, Esq., Corporate Counsel at
Pfizer Inc., were the guest speakers at the
WWBA’s General Membership meeting
that was held on September 5, 2018 at
BNY Mellon Offices in White Plains.
The program was presented by the
WWBA’s Diversity and Inclusion Committee
and Employment Law Committee and
sponsored by Counsel Press. The program,
which was very-well attended, kicked off
WWBA President Kim Berg’s term and her initiative to strongly promote diversity and
inclusion in the legal profession. Joining the speakers were Jacqueline Hattar, Esq.,
partner at Wilson Elser, and Stephanie Melowsky, Esq., Vice President at PCSB Bank.
INSIDE THIS ISSUE
OCTOBER 2018
WWBA Foundation
Celebrates 20 Years
(page 5)
An Interview with
Hon. Francesca E. Connolly
(page 7)
October Litigation Tip –
Trial Subpoenas
(page 9)
Upcoming Events
(page 12)
SAVE THE DATE
WINE TASTING
EVENT
October 11, 2018
445 Hamilton Avenue
White Plains, New York
Westchester Women’s Bar Association News
news
www.wwbany.org
President Kim Berg, Diversity & Inclusion
Committee Co-Chairs Stephanie Melowsky
and Jacqueline Hattar, Taa Grays, Esq., Nikki
Adame- Winningham, Esq., and Hon. Shira
A. Scheindlin
continued on page 4 ➥
FAMILY AND
IMMIGRATION LAW CLE
October 16, 2018
Pace University
White Plains, New York
BREAST CANCER
WALK
October 21, 2018
Manhattanville College
Purchase, New York
PRESIDENT’S
MESSAGE
There can be
no dispute that statistically
speaking
women are adversely
affected in larger
percentages than
men when it comes
to both domestic
violence and breast
Kim Berg
cancer. For example,
according to the American Cancer
Society, for men the lifetime risk of
getting breast cancer is 1 in 833 but for
women the average risk of developing
breast cancer sometime in her life is 1
in 8. According to the National Coalition
against Domestic Violence, a higher
percentage of women are victims, with
1 in 4 women and 1 in 9 men, experiencing
severe physical violence by an
intimate partner in their lifetime.
The month of October is dedicated
to both Domestic Violence Awareness
and Breast Cancer Awareness and I am
proud to be a member of the WWBA
which serves an important role in the
awareness campaign.
Domestic Violence can take many
forms, including physical violence,
sexual violence, threats, and emotional
and psychological abuse. The impact
on the victim stems far beyond physical
injury and often results in long lasting
psychological trauma. According to the
National Coalition against Domestic
Violence’s “Fact” Sheet:
Domestic violence is prevalent in
every community, and affects all
people regardless of age, socioeconomic
status, sexual orientacontinued
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
OCTOBER 2018
Published Monthly by the
Westchester Women’s
Bar Association, a Chapter of
the Women’s Bar Association
of the State of New York
~ 2018/2019 Officers and Directors ~
President KIM BERG
President-Elect ANGELA MORCONE GIANNINI
Vice Presidents
HON. LISA M. SMITH AMANDA C. FRIED KRISTEN MOTEL
Treasurer
NATANYA L. BRIENDEL Recording Secretary SHERRY BISHKO
Corresponding Secretary ELIZABETH Z. MARCUS
Immediate Past ast President
LISA M. DENIG
Elected Directors Westchester Board
SUSAN EDWARDS COLSON LISA M. DENIG LONYA A. GILBERT
JENNIFER L. GRAY JACQUELINE HATTAR
State Directors Women’s Bar Association of the State of New York
ROBIN D. CARTON LUCIA CHIOCCHIO DEBORAH FARBER-KAISER
MARIAN GENIO THERESA A. GIROLAMO ANNETTE G. HASAPIDIS
SUSAN MILLS RICHMOND JENNIFER ROBINSON
Executive Director ELISABETH CAMPOS
© Copyright 2018 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: Elizabeth Z. Marcus • Designed and Printed by IPM Media Group, Inc. (516) 809-0501
2018-2019 WWBA Committee Chairs
S T A N D I N G C O M M I T T E E S
By-Laws ............................................. Hélène Côté, Anna L. Georgiou
Corporate & Commercial ................ Lisa M. Bluestein, Virginia Trunkes
Criminal Law ........... Lisa M. Denig, Hon. Sandra A. Forster, Amy Puerto
Families’, Children & the Courts .......... Joy S. Joseph, Lauren Morrissey
Amanda Rieben
Grievance/Ethics ................................................... Deborah A. Scalise
Judicial Screening ............... Hon. Sandra A. Forster, Loren I. Glassman
Judiciary ........................................................ Hon. Linda S. Jamieson
Lawyering & Parenting .......... Joelle M. Burton, Jana Kosberg-Kleidman
Legislation ...................................... Natanya L. Briendel, Kitley Covill,
Angela Morcone Gianinni
Matrimonial ...... Robin D. Carton, Dolores Gebhardt, Lonya A. Gilbert
Annual Dinner ................... Kim Berg, Lisa M. Denig, Robin D. Carton,
Amanda C. Fried, Andrea Friedman, Angela Morcone Giannini,
Jennifer L. Gray, Jennifer N. Netrosio, Katie Wendle
Annual Dinner Souvenir Journal ............................... Andrea Friedman
Appellate Practice ......................... Lisa M. Denig, Hon. Mark C. Dillon,
Hon. Sondra M. Miller
Archive & Historian ...................................................... Susan L. Pollet
Awards .............................. Elizabeth Barnhard, Deborah Farber-Kaiser
Bankruptcy .................... Susan Mills Richmond, Wendy Marie Weathers
Breast Cancer Awareness ....................................... Adrienne J. Orbach
Collaborative Law ............................ Kathleen Donelli, Michelle Lewis,
Lynn J. Maier, Hon. Sondra M. Miller
Community Outreach ... Deborah A. Scalise, Hon. Lisa Margaret Smith
Construction ............................................. Aisling Brady, Sushmita Roy
Continuing Legal Education ..................................... Ann M. McNulty
Diversity and Inclusion ............. Jacqueline Hattar, Stephanie Melowsky
Domestic Violence ....... Natanya L. Briendel, Beth Levy, Audrey E. Stone
Education Law ........................ Adrienne J. Arkontaky, Julie P. Passman,
Susan Mills Richmond
Elder & Health Law & Reproductive Rights ....... Elizabeth A. Cumming,
Moira Laidlaw
Employment Law .................................................. Kim Berg, Sara Kula
Environmental & Land Use .......... Lucia Chiocchio, Anna L. Georgiou,
Jennifer L. Gray, Katherine Zalantis
Gender Dynamics ....................................... Hon. Terry Jane Ruderman
Golf Outing .................................. Gail M. Boggio, Adrienne Orbach
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
A D H O C C O M M I T T E E S
Membership .............................................. Sherry Bishko, Kristen Motel
Networking ...................... Jennifer Robinson, Alsion Sloto, Erica Sattler
New Lawyers ................................... Elizabeth Z. Marcus, Katie Wendle
Professional Development .. Susan Edwards Colson, Stephanie Melowsky
Programs .................................. Natanya L. Briendel, Amanda C. Fried
Public Relations ............................... Joelle M. Burton, Jennifer L. Gray
Real Property .................................. Michelle Murphy, Allyson Lanahan
Sponsorship ......................... Lucia Chiocchio, Susan Edwards Colson,
Deborah Farber-Kaiser
Taxation ........................................................... Patricia Rusch Bellucci
Trusts & Estates .............................. Gail M. Boggio, Nancy J. Rudolph,
Karen J. Walsh
Holiday Party and Boutique ...... Dolores Gebhardt, Jennifer N. Netrosio
Immigration ........................................ Nicole Feit, Laura A. Rosmarin
Insurance Law .............................................................................. TBD
Intellectual Property .. Elizabeth M. Barnhard, Theresa O’Rourke Nugent
Judgment Enforcement & Collections ...................... Daniel F. Florio, Jr.
Litigation ....................... Angela Morcone Giannini, Jacqueline Hattar
Kimberly Sheehan
Long Range Planning ............... Susan Edwards Colson, Lisa M. Denig
Linda Markowitz
Mediation ........................... Hon. Sondra M. Miller, Lauren S. Morrissey
Donna Erez Navot, Abby Rosmarin
Past Presidents ............ Jane Bilus Gould, Mary F. Kelly, Linda Markowitz
Practice Management ......... Jamieson L. Keiser, Wendy Marie Weathers
Pro Bono ........................................... Marian Genio, Natalie Sobchak
Social Media .................................. Kristen Motel, Jennifer N. Netrosio
Technology/Website .......... Donna E. Frosco, Theresa O’Rourke Nugent
Wellness ................................ Jennifer Netrosio, Susan Mills Richmond
Women in Leadership ............................................ Adrienne Arkontaky
Network of Bar Leaders ................................................................. TBD
Pace Board of Visitors ....................... Gail M. Boggio, Lonya A. Gilbert
WBASNY Judicial Screening Committee ................. Gail M. Boggio,
Lisa M. Bluestein
WBASNY Nominations Committee ............................. Gail M. Boggio
Lisa M. Bluestein
WWBA Foundation President ...................................... Susan S. Brown
WWBA Representative Director to the WCBA Board .. Dolores Gebhardt
Page 2
Westchester Women’s Bar Association News
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President’s Message
from page 1
“Sure we are all busy,
between practicing law,
raising families, caring
for our parents, and
attempting to have some
work life balance, but
that is simply not a good
excuse to put your
health on hold.”
tion, gender, race, religion, or nationality.
Physical violence is often
accompanied by emotionally abusive
and controlling behavior as part
of a much larger, systematic pattern
of dominance and control. Domestic
violence can result in physical injury,
psychological trauma, and
even death. The devastating consequences
of domestic violence can
cross generations and last a lifetime.
www.ncadv.org
The WWBA is proud to have a Domestic
Violence Committee, currently cochaired
by Natanya L. Briendel, Beth Levy
and Audrey E. Stone. The informative programs
they provide every year to our members
are critically important to educating
attorneys and enhancing the services we
as lawyers provide to victims of domestic
violence. Coming next month is a program
titled “Exploring and Understanding
Cultural Competency in the Law” scheduled
for October 29, 2018 and is co-sponsored
by the Pace Women’s Justice Center,
the WWBA, and Ninth Judicial District
Committee to Protect Gender Fairness in
the Courts.
In Westchester, we are also fortunate
to have the Pace Women’s Justice Center
which has provided critical services to victims
of domestic violence, assisting over
3,000 clients per year for the past 25 years.
The vast need for legal services for domestic
violence victims in our community
led to the grand opening of the PWJC’s
Walk-In-Clinic on June 29, 2018, which
opening ceremony I was privileged to attend.
The WWBA commends our memcontinued
on page 9 ➥
Editor’s Note
Westchester Women’s Bar Association News
“Autumn shows us how beautiful it is to let things go.”
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 Elizabeth Z. Marcus at elizabeth.z.marcus@gmail.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 Elizabeth Z. Marcus at elizabeth.z.marcus@gmail.com to schedule a WWBA sponsored
or co-sponsored program, including committee meetings, CLE programs, etc.
❑ Once you have reserved the date with Elizabeth Z. Marcus, 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, Elisabeth Campos
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 Elizabeth Z. Marcus, following the guidelines above.
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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Contacts
~ Unknown
Elizabeth Z. Marcus, Corresponding Secretary and Newsletter Editor-in-Chief: elizabeth.z.marcus@gmail.com
Natanya L. Briendel, Programs Committee Co-Chair: tanyabriendel@gmail.com
Amanda C. Fried, Programs Committee Co-Chair: afried@cartonrosoff.com
Kim Berg, President: president@wwbany.org
Ann M. McNulty, CLE Chair: ann.m.mcnulty@morganstanley.com
Elisabeth Campos, Executive Director: executivedirector@wwbany.org
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Deadline for all ads is the 12th of the month prior to publication. Ads are subject to space limitations.
Contact Elizabeth Z. Marcus at elizabeth.z.marcus@gmail.com for any questions regarding advertising.
Page 3
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Subconscious Stereotyping – Implicit Bias is Real
from page 1
The authors were proud to serve as comoderators
of this program.
The backgrounds of the speakers are
impressive and comprise diverse areas of
expertise. Judge Scheindlin currently serves
as an arbitrator and mediator at the American
Arbitration Association. Since leaving
the bench in May 2016, she has conducted
many mediations and arbitrations. She is
also a member of Stroock’s Internal Investigations
Unit, formed to help companies
and organizations respond to alleged
sexual misconduct.
Ms. Grays is responsible for the strategic
management of MetLife’s global Information
Lifecycle Management Program.
She also chaired Metlife’s Legal Affairs’ Diversity
Committee and the Technology
Governance Committee. Ms. Grays was
recognized as a Diversity Champion in
2015 by the New York City Bar Association
In her role as Corporate Counsel at
Pfizer, Ms. Adame-Winningham provides
legal counsel and enforcement defense on
complex environmental, health and safety,
transactional, permitting and compliance
matters to manufacturing, logistics, R&D
and commercial facilities worldwide. She
is an active member of the New York State
“[The] comprehensive discussion included
explanations of how implicit bias impacts the
talent pipeline from beginning to end
contributing to the gender gap in law firm
and corporation leadership teams.”
Bar Association’s (NYSBA) Women in the
Law Section and the Latina Commission of
the Hispanic National Bar Association.
Judge Scheindlin co-authored the
NYSBA’s November 2017 report, “If Not
Now, When? Achieving Equality for
Women Attorneys in the Courtroom and
ADR.” She discussed this report’s genesis
and findings, which included statistics
on the low levels of women attorneys
appearing in the courtroom, from law firm
associates, to equity partnerships at law
firms, to lead counsel at trial. Judge
Scheindlin also discussed initiatives and
studies in which she has participated that
are working to improve these disappointing
statistics. Finally, she noted the very
low selection of women as neutrals – particularly
in commercial arbitrations and
mediations.
Ms. Grays and Ms. Adame-
Winningham discussed implicit bias and
the impact it has on law firms and corporate
legal departments during the hiring
and promotion processes. Their comprehensive
discussion included explanations
of how implicit bias impacts the talent pipeline
from beginning to end and contributes
to the gender gap in law firm and
corporate leadership teams. They also suggested
better practices and initiatives that
firms and corporations might individually
and jointly institute to further promote diverse
hiring and retention of women attorneys.
Some suggested joint initiatives included
law firms sharing summer associates
with corporate clients, corporations
working with their outside counsel to establish
stewardship programs, and clientled
advisory committees at law firms.
It was a truly excellent program that
included a lively and interesting discussion
by the attendees. We wish to thank
Counsel Press for its generous support. ◗
September 2018 CLE on Implicit Bias
Page 4
Westchester Women’s Bar Association News
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Happy 20th Anniversary to the
Westchester Women’s Bar Association Foundation
Susan M. Brown
WWBA Foundation President
I am pleased and proud
to announce that our
Westchester Women’s Bar Association
Foundation has just
concluded its 20th year of making
generous grants and
awarding meaningful law
school scholarships. I would
like to thank all the past
WWBAF officers and Board
members (including past
WWBAF President Kim Berg)
who have made the good work
of WWBAF possible, year after
year, by doing the hard work of
fund raising and the rewarding
work of selecting the students
and organizations that benefit
from our own WWBAF.
In particular, as we close
out our 20th year, I would like
to thank the current WWBAF
Board for their fundraising efforts,
which resulted in a successful
Mocktail fundraiser as
well as our Mocktail Sponsors.
Finally, thank you to the many
WWBA members and all whose
contributions, large and small,
enabled us to carry out the
WWBAF mission to eliminate
artificial barriers to advancement
in the workplace, schools
and courts by supporting local
organizations that provide legal,
employment and education services
to disadvantaged persons
of our community as well funding
the annual Justice Sondra
M. Miller Scholarship award
given to a deserving Pace Law
School student.
At this year’s WWBA’s Annual
Dinner, I was honored to
award the annual Justice Sondra
M. Miller Scholarship to Ms.
Kristi Intorre, a Pace Law student
(now graduate!) who has overcome
significant adversity and
whose academic achievements,
extracurriculars, community and
pro bono service gave her the
THANK YOU TO THE 2017-2018
WWBA FOUNDATION
SPONSORS AND DONORS
Patricia Angley
Patricia A. Bave
Benchmark Title Agency, LLC
Sherry Bishko
Lisa Bluestein
Gail Boggio
Gary S. Brown
Susan S. & J. Frank Brown
Citrin Cooperman & Company, LLP (Friend)
Dalco Reporting, Inc. (Friend)
Kathleen Donelli
Fontana Giannini, LLP (Friend)
Angela Morcone Giannini
Lonya Gilbert
Carla & Loren Glassman (Friend)
Jeffrey Goldstein (Friend)
Gould & Berg, LLP (Friend)
David Gralnick
Jackson Lewis P.C. (Benefactor)
Diana Juettner
Daniel M. Kolko (Friend)
Julie Kattan & Milton Kreppel (Benefactor)
Klein, Liebman & Gresen (Friend)
Kramer Kozek LLP (Benefactor)
Christopher Mangold (Benefactor)
Margaret Neubart Foundation (Patron)
Paul Marrow
McCarthy Fingar, LLP (Friend)
Lawrence McElron
Miller, Hon. Sondra M. (Friend)
Tamara A. Mitchel (Friend)
Adrienne Orbach
Matthew Renert
Rosenthal & Markowitz, LLP (Benefactor)
John A. Tangredi
Geraldine Toriorella
Gladys M. Ulmann
Voute, Lohrfink, Magro & McAndrew, LLP (Friend)
Walsh & Amicucci, LLP (Benefactor)
edge over the other very impressive
candidates for this prestigious
award.
At our July meeting the
WWBAF Board chose the worthy
organizations to which this
year’s grants were awarded:
Hope’s Door (intervention and
prevention assistance to victims
of domestic violence); Hudson
Link for Higher Legal Services of
the Hudson Valley (academic
credit-courses for incarcerated
men and women); Legal Services
of the Hudson Valley (Housing
Stability Program for Westchester
families); Mental Health Association
of Westchester (Court
Appointed Special Advocates);
My Sister’s Place in memory of
former WWBA Executive Assistant
Linda Wiley (representing
victims of domestic violence and
human trafficking); Pace Public
Interest Law Center (public interest
law student internships);
Pace Women’s Justice Center in
memory of former WWBA President
Karen Z. Bell (for its Moderate
Means Program); Scales
of Justice Academy (life skills
course for underserved high
school women); Student Advocacy
(“Solutions Not Suspensions”
program to reduce suspension
of non-violent school
kids); and White Plains YWCA
(“Girls Empowered Through
Meaningful Support” college
preparatory program and
“Reading is Fundamental”
which provides children’s books
to Family Court waiting rooms).
It is an honor to support these
organizations whose programs
make a clear difference to the
populations they serve.
Happy 20th Anniversary to
the WWBA Foundation! Please
continue to support our mission
with your generous contributions
and encourage your friends,
families and professional contacts
to do the same. ◗
Westchester Women’s Bar Association News
Page 5
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LEGAL SERVICES OF THE HUDSON VALLEY TO HONOR VOLUNTEERS
DURING NATIONAL PRO BONO CELEBRATION WEEK
To commemorate National Pro Bono
Week 2018, Legal Services of the Hudson
Valley (LSHV) will honor several attorneys
who have done important pro bono work
with the agency. National Pro Bono Week
(October 21-27, 2018) spotlights pro bono
work in order to enhance and expand local
efforts to increase access to justice for
all. LSHV is the only provider of free, comprehensive
civil legal services to low-income
and disadvantaged individuals and
families in the Hudson Valley who cannot
afford an attorney when their basic human
needs are at stake.
LSHV’s 2018 event will honor:
❑ Deborah A. Scalise of Scalise and
Hamilton, LLP. Deborah A. Scalise routinely
provides advice and counsel to staff attorneys
and supervisors on ethical issues encountered
in their case work and the administration
of program activities. In addition,
she has presented CLEs for staff on
ethical issues and updates.
continued on page 10 ➥
Emily P. Kahn
Deborah A. Scalise
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Page 6
Westchester Women’s Bar Association News
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An Interview with Hon. Francesa E. Connolly
Associate Justice, Appellate Division, Second Departtment
Susan L. Pollet
Chair of the Archive and
Historian Committee
Q: Why did you become a
member of the Westchester
Women’s Bar Association?
A: It is important for women in
the legal profession support
each other – the Westchester
Women’s Bar Association provides
a strong professional
and social support network for
women to rely upon. It is a
dynamic organization, with
many resources. I have always
been impressed with the enthusiasm
of its members and
their willingness to promote
and assist each other in every
way possible.
Q: Please tell us about your
extraordinary legal career.
A: After graduating from Pace
Law School in 1982, I worked
in government for about three
years as Assistant General
Counsel of the New York City
Department of Probation,
where I established the first Violation
of Probation Enforcement
Unit in Queens County,
and as a Law Assistant to the
Deputy Administrative Judge
of Queens County Family
Court. I enjoyed these positions
tremendously and came to realize
the importance of the judiciary
in helping families and
individuals in crisis.
In 1985, I began my 25-
year career as a civil litigation
attorney. My first position was
as an associate attorney with
the Rockland County law firm
of MacCartney, MacCartney,
Kerrigan & MacCartney. I continued
my work as a trial attorney
with Gallina &
Connolly, attorneys of record
for Fireman’s Fund Insurance
Company, where I remained
for fourteen years. Finally, in
“I enjoyed all of my assignments on the
trial bench – even the matrimonial part!
While I never practiced matrimonial law,
from my first day on the bench, I saw the
profound effect a judge can make on the
lives of families in crisis.”
2003, I joined Malapero &
Prisco LLP, and became a member
of that firm.
I thoroughly enjoyed my
career in civil litigation, where I
handled all types of high exposure
liability cases in state and
federal courts, from case inception,
through jury trial and appeal.
As an attorney, my experience
has been in so many courts
beginning with the criminal and
family courts in New York City,
and progressing to the state and
federal courts. I have had many
experiences over the years appearing
and trying cases before
different judges in many counties
and arguing appeals before
the First, Second, and Third Departments,
and the New York
Court of Appeals. Among the
highlights of my career was representing
the major contractors
in the World Trade Disaster Litigation.
Our country had never
faced an attack of this magnitude
that impacted so many lives
in the New York metropolitan
area. Whether you represented
the injured workers, the City of
New York, or the contractors, we
were all in uncharted territory as
to legal liability. The issues were
challenging, both procedurally
and substantively, and the caliber
of the attorneys handling
these cases was exceptional.
I began my judicial career
in 2006 after being elected
Ossining Town Justice. I served
in this capacity until 2009, when
Governor David Paterson ap-
pointed me to fill an interim vacancy
on the New York State
Supreme Court. In 2010, I was
elected to a fourteen-year term
as a New York State Supreme
Court Justice in the Ninth Judicial
District. During this time, I
became the Supervising Judge
of the Matrimonial Part of the
Westchester County Supreme
Court, and then went on to preside
over an Individual Assignment
Part, the Compliance Conference
Part, as well as the Ninth
Judicial District Environmental
Claims Part.
I enjoyed all of my assignments
on the trial bench – even
the matrimonial part! While I
never practiced matrimonial
law, from my first day on the
bench, I saw the profound effect
a judge can make on the
lives of families in crisis. I immediately
immersed myself in the
subject matter – working long
hours to gain a command of
the law – to do my best to provide
these families with justice.
After serving three years in the
matrimonial part, I was assigned
to a trial part where I presided
over all types of civil trials, with
most of my jury trials being in
medical malpractice cases. My
years of experience as a civil litigator
were the best training for
me to serve as a trial judge.
Most of the issues that arose during
trial were familiar to me, as
I had encountered them before
on the opposite side of the
bench, as an attorney. I think
Hon. Francesca E. Connolly
the attorneys appreciated my
experience and knowledge -
that I had an understanding
of the trials and tribulations a
trial lawyer faces in presenting
a case before a jury.
In 2015, I was appointed
as an Associate Justice of the
Appellate Term of the New York
Supreme Court, Second Judicial
Department, where we
heard appeals from the District,
City, Town, and Village
courts in the seven counties of
the Ninth and Tenth Judicial
Districts. One year later, in
2016, Governor Andrew
Cuomo appointed me to serve
as an Associate Justice of the
Appellate Division of the New
York State Supreme Court, Second
Judicial Department. This
is an intermediate appellate
court, which is the second
highest court in the state,
where we hear appeals from
courts in the ten counties of
the Second, Ninth, Tenth, Eleventh,
and Thirteenth Judicial
Districts.
Q: Why did you want to become
a Judge?
A: Although there were no
lawyers or judges in my famcontinued
on page 8 ➥
Westchester Women’s Bar Association News
Page 7
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A Tip from the WWBA’s Newly-Formed Wellness Committee
WELLNESS AS A PRIORITY: SITTING WITH FEAR
Jennifer N. Netrosio
Co-Chair of the WWBA Wellness Committee
In her book “Daring Greatly,” Brené
Brown, a vulnerability and shame researcher,
breaks down the way fear, courage,
and vulnerability plays a role in the
way we live, love, lead, and parent.
Brown’s research is based on the concept
of wholehearted living, which she defines
as engaging in our lives from a place
of worthiness; a place of feeling that no
matter what gets done, and how much is
left undone, that you are enough. Her research
reveals that the key to wholehearted
living is to recognize the emotion of fear
An Interview with Hon. Francesa E. Connolly
from previous page
ily, as far back as I can recall I
have always wanted to be a
judge. My interest in becoming
a judge grew even stronger
over the years based upon
my experience with our judicial
system as a litigation attorney.
Having first-hand experience
representing litigants in courts
throughout the state before
many different judges, I saw the
impact judges’ decisions made
on peoples’ lives and thought
that this would be the best way
for me to serve others.
Q: Is there a decision you rendered
of which you are most
proud?
A: For ethical reasons, I should
avoid discussing any particular
decision that I have rendered.
I would say that the reason
I became a judge was to
serve the public and to help
people. I found cases involving
family matters to be the most
challenging, but also the most
rewarding because of the impact
a judge can make.
Among the most important
work that we do is to protect
children and help families in
crisis. Recently, I read several
when it arises, step into the discomfort of it,
and embrace your own vulnerability around
it. It is well established in scientific theory
that a perceived danger or threat (physical
or emotional) triggers a fight or flight response.
So, as you continue to make
articles about the positive impact
one of my decisions has
made on a particular family and
it certainly made be feel gratified
that I helped them and
brought that family some justice
and peace.
Q: What do you hope to accomplish
professionally in the
future?
A: It is such an honor to serve
on the Appellate Division and
to be given this tremendous opportunity
to serve the public in
this capacity. I am humbled and
grateful every day. I truly enjoy
it. I can’t imagine a more rewarding
career for myself than I
have had and continue to have.
I also look forward to working
with our new Presiding Justice,
Alan Scheinkman, in implementing
new initiatives to the
court to reduce the backlog and
improve efficiencies, including
e-filing.
Q: Please tell us about your
hobbies and other interests.
A: My main hobby is traveling
– going on adventures to interesting
places. I have traveled all
over Europe and also to interesting
countries such as Iran,
Russia, Peru, Columbia, and
“Our deepest fear is not that we are inadequate.
Our deepest fear is that we are powerful beyond
measure. It is our light, not our darkness, that
most frightens us. We ask ourselves, ’who am I to
be brilliant, gorgeous, talented and fabulous?’
Actually, who are you not to be? . . . your playing
small doesn’t serve the world.”
~ Marianne Williamson
Turkey.
Q: What advice do you have
for women lawyers entering the
legal profession?
A: Take the high road in everything
you do. Be selfless - go
out of your way to help others -
it will come back to you tenfold!
Practice humility. Remember loyalty.
Work your hardest and always
be prepared. Put your family
FIRST!
Q: How have you balanced
your work life and family life
over the years?
A: This was not easy! Looking
back on this, I don’t know how I
did it. There is a saying - when
you want something done, give
it to a busy person - this is so
true. While working full-time as
a litigator, trying cases, we raised
two boys, and I became active
in my community. My boys were
athletic, so I got involved in
youth sports, including coaching
baseball, and being a
founding member of two ice
hockey organizations, Ossining
Youth Hockey Association and
Team Westchester Hockey Association.
I also became involved
in PTA, and served as President
of Ossining PTA Council. In
wellness a priority in your life, I challenge
you to sit with the emotion of fear the very
next time it comes up. Don’t fight it and
don’t run from it. Just sit with it. Become
curious about it. Dig deep down and find
the root of it. And then bring it to the surface.
Express your thoughts in a journal, or
talk to a confidant about it. Because you
can’t release or work through something that
you continue to hold inside, you must bring
it to the surface so that you can release it.
Through that process, the thing you fear
loses its power over you.
Make a commitment to doing this, and
watch as the magic unfolds. ◗
1998, I became a member of
the Town of Ossining Planning
Board. In 2000, I was elected
Ossining Councilmember,
where I served for five years,
three of which as Deputy Town
Supervisor. In 2006, I began
my judicial career when I was
elected Ossining Town Justice.
I also served as Acting Village
Justice of the Village of
Ossining and Acting City
Court Judge of Mt. Vernon and
Yonkers. I am fortunate to have
a very supportive husband,
who has been by my side, enthusiastically,
through it all.
Our parents lived close by and
were available in an emergency
when needed, which
certainly gave us peace-ofmind.
I also have wonderful
neighbors. Also key, was living
and working in Westchester
County when our children were
young.
If you want to get involved,
just make sure you
know your limits. Don’t overextend
yourself. If you commit
to something, make sure you
attend the meetings and contribute.
Make sure you are a
valuable member of any organization
you join. ◗
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Westchester Women’s Bar Association News
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October Litigation Tip
✦ TRIAL SUBPOENAS CPLR 2305(d)
Civil Procedure Law and rules (CPLR) 2305 governs the use of subpoenas. New Section
(d) of CPLR 2305 now provides a special provision for trial subpoenas.
As a refresher, CPLR 2305(a) addresses service of a subpoena for the attendance of
witnesses in a civil action. Section (b) provides for the use of a subpoena duces tecum and
attendance by substitute. A subpoena duces tecum can be used in conjunction with a
subpoena to testify at trial, hearing or examination or may be issued separately. A person
may comply with the subpoena duces tecum for a trial, hearing or examination by substitute
having the requisite books, documents or things produced by a person able to identify
them and testify about their origin, purpose or custody. Section (c) provides for inspection,
examination and audit of records in matters where a government department, agency
or officer is authorized to issue a subpoena requiring said production. This includes the
right to take possession of the subpoenaed material for a reasonable period of time. The
right to possession is not absolute, but subject to reasonable terms and conditions as set
forth in the section including (i) the good cause showin by the issuing party, (ii) the rights
and needs of the person subpoenaed, and (iii) the feasibility and appropriateness of making
copies of the material.
New Section (d) specifically addresses subpoenaed records for trial. This new section
allows for service of the subpoena and delivery of records to the attorney or self-represented
party at the return address set forth in the subpoena. A copy of the subpoena shall
be served upon all parties simultaneously and the party receiving such subpoenaed records,
in any format shall deliver a complete copy of such records in the same format to all
opposing counsel and self-represented parties where applicable. Section (d) became effective
August 24, 2018.
This new section should promote a more efficient review of trial records in that counsel
no longer became required to make the trial subpoena returnable to the Courthouse nor
will counsel be limited to viewing subpoenaed records during the limited times available
in a subpoened record room.
Written by Angela Morcone Giannini, Co-Chair, Litigation Committee
Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan
President’s Message
from page 9
bers whose efforts in assisting domestic violence
victims are carried out daily in their
legal practices and public office positions.
The WWBA is also a proud supporter of
the PWJC and you may recall we recognized
the PWJC at our Annual Dinner on
June 6, 2018. This year, at the PWJC’s
annual “Making a Difference Benefit Dinner”
on October 24, 2018, WWBA member
Jacqueline Hattar, Esq. will be honored
along with Anne Marie Hynes, Esq.
so please make sure to attend and support.
According to the CDC, some of the
risk factors for breast cancer include: getting
older (most are diagnosed after age
50); genetic mutations such as BRCA1 and
BRCA2; personal or family history of breast
cancer; previous radiation; not being
physically active; obesity; drinking alcohol
and smoking. www.cdc.gov/cancer/
breast/basic_info/risk_factors.htm
Personally, I do not have any of those
“risk” factors. Yet, I was not insulated from
potential cancer. I am certainly no expert
on the topic of breast cancer and do not
profess to have any medical background
or training on the subject but I have
continued on page 11 ➥
Westchester Women’s Bar Association News
Page 9
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Chapter News and Announcements
Announcements & Notes on Members
❑ Mary Beth Quaranta Morrissey,
Esq., PhD, , MPH, past chair of the
WWBA Elder, Health and Reproductive
Rights Committee, has become president
of the American Psychological Association
Society for Theoretical and
Philosophical Psychology. She’s the first
scholar of law and the 10th woman to
hold this national office since the APA
Society’s founding in 1963. On September
10th, Mary Beth’s career milestone
was recognized on social media
by Fordham Law School (’82) as part
of the opening of its 100-years of
Women celebrations. Mary Beth’s interdisciplinary
scholarship and policy advocacy
are located at the intersection
of health law and policy, health research
and ethics. ◗
Mary Beth Quaranta Morrissey
Legal Services of The Hudson Valley To Honor
Volunteers During National Pro Bono
Celebration Week
from page 6
❑ Emily P. P
. Kahn
of Walsh & Amicucci LLP. Emily Kahn has acted as mentor to several
staff attorneys seeking guidance in cases involving issues of trusts and estates.
❑ The volunteer attorneys of Westchester CLARO (Civil Legal Advice and
Resource Office) Program, for offering free legal advice to unrepresented Westchester
residents being sued by creditors.
LSHV’s Pro Bono Week Awards Ceremony will be held Tuesday, October 23, from
5:30-7:00PM at LSHV’s headquarters: 90 Maple Avenue, White Plains, NY 10601. To
attend the event, RSVP by Tuesday, October 16th by calling 914-949-1305 ext 174 or
emailing gbuck@lshv.org.
Speaking of the Pro Bono Week celebrations, LSHV Pro Bono Director Christopher
Oldi said, “We at LSHV are grateful to Deb and Emily for their invaluable mentorship,
and to the volunteer attorneys of Westchester CLARO for their service to vulnerable
Westchester residents. We are honored to partner with these attorneys in this important
work.”
LSHV is the only provider of free, comprehensive civil (non-criminal) legal services
to low-income and disadvantaged individuals and families in the Hudson Valley who
cannot afford an attorney when their basic human needs are at stake. This includes
urgent legal needs such as: domestic violence (orders of protection, child custody,
etc.), housing emergencies (eviction and foreclosure prevention), healthcare, children’s
law and advocacy, disability and benefits, elder law, consumer fraud and more. Founded
more than 50 years ago, LSHV serves the seven counties of the lower and mid-Hudson
Valley (Westchester, Putnam, Dutchess, Rockland, Orange, Ulster and Sullivan), maintaining
a staff of 135 individuals - including 80 attorneys and 27 paralegals - working
across nine offices throughout its service area. Last year alone the organization handled
15,000 cases impacting more than 34,000 household members.
For more information about LSHV, please visit its website www.lshv.org. ◗
Become a New
Member Today
RENEW YOUR
WWBA MEMBERSHIP TODAY
FOR THE PERIOD
JUNE 1, 2018 TO MAY 31, 2019.
RENEW NOW! DON’T WAIT!
WWBA Membership includes
membership to the Women’s Bar
Association of the State of New York
(WBASNY).
January 31, 2019 is the closing date in
order to count the WWBA members
towards our certification to WBASNY and
assure our number of delegates.
Renewing before this date will allow our
Westchester Chapter (WWBA) to continue
to be a strong presence in our statewide
organization (WBASNY) while you will
enjoy its many benefits, events,
newsletter and CLE programming.
Hélène Côté, Sherry A. Bishko,
Elisabeth Campos
It is easy to renew by going to the
WWBA Website at www.WWBANY.org.
You can use a credit card or
PayPal to make payment.
Page 10
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Westchester Women’s Bar Association New Members
The Westchester Women’s Bar Association proudly welcomes our newest members:
TO PROTECT THE PRIVACY OF OUR MEMBERS,
THIS INFORMATION IS AVAILABLE TO MEMBERS OF THE WWBA ONLY.
President’s Message
from page 9
learned from my personal experience just
how critically important it is for every
woman to perform routine self-examinations
and have an annual mammogram.
To sum it up: I do not smoke, rarely
drink alcohol, am not over 50, am not
obese, exercise vigorously 5-6 times per
week, do not have genetic mutations (yes
I was tested) and have not been exposed
to radiation. My family history of breast
cancer was never considered a calculable
risk because it was not my mother, sister
or other close relative but rather those
more distant such as second and third
cousins.
Yet, for me, three years ago at the age
of 43, I was advised in a phone call that
literally stopped me in my tracks that something
suspicious appeared on my routine
annual mammogram. After several follow
up visits it was confirmed that I had atypical
hyperplasia which was described as a
mounding of cells that literally equaled the
size of “grains of sand.” I was told early
detection and early treatment were key to
prevent the development of this atypia into
breast cancer. The detection occurred long
before a lump or mass could be felt by self
or doctor examination but yet that mounding
of cells still needed to be removed and
a five course of treatment prescribed thereafter.
Now, I am thankful every day that I
am a person who was fortunate to benefit
from early detection and that I was able to
have the cells removed before they spread
due in large part to the fact that I had access
to good medical care.
However, it was also due in large part
to the fact that I did not skip my annual
mammogram. Since that time, I have
talked to so many women, friends, colleagues
and family members, who
nonchalantly state “oh yeah I have to
schedule my mammogram” or “do I really
need to have a mammogram every year”
or “I keep putting it off because I don’t
have time” or any other routine excuse.
Sure we are all busy, between practicing
law, raising families, caring for our parents,
and attempting to have some work
life balance, but that is simply not a good
excuse to put your health on hold.
For those that know me, I do not share
personal information readily and am not
doing so now to evoke sympathy or even
words of support. Rather, I do so with the
sincere hope that my personal story is read
by WWBA members and that my personal
story motivates you to perform routine self
exams, schedule your annual mammogram,
and stay on top of your breast
health. If I had put off my mammogram
that year I have no doubt I would have put
myself at significantly higher risk, more invasive
surgery, and a worse outcome.
In recognition of October being Breast
Cancer Awareness month, the WWBA has
two important events in the month of October
that I highly encourage you to attend.
The first is our FREE Breast Cancer
Awareness program on October 18, 2018
at 12:30 p.m. at the Westchester County
Courthouse. The program is sponsored
by the WWBA and JALBCA and lunch will
be served. This annual WWBA program is
well known for providing a wealth of information
about breast cancer awareness,
including overall breast health, early signs
of the disease, risk factors, and treatment
options.
In addition, on October 21, 2018
please join Team Orbach and the WWBA
walkers at the annual American Cancer
Society 2018 Walk at Manhattanville College.
Every year WWBA member Adrienne
Orbach organizes a fundraising effort and
a WWBA team to participate in the Making
Strides against Breast Cancer Walk.
Please make sure to register.
Details about these and other upcoming
programs, networking events, and CLEs
can be found at our online calendar and
in the weekly Update emailed to each of
our members every Tuesday. The online
calendar also contains easy links for registering
for all programs. https://
wwbany.org/Calendar-and-Events. ◗
Westchester Women’s Bar Association News
Page 11
WWBA Schedule of Upcoming Events
COMMITTEE DATE/TIME PLACE TOPIC RSVP (also online at www.wwbany.org)
Collaborative Law,
Matrimonial, and Mediation
Committees
10/2/18
5:30 PM
Registration
6:00-8:00 PM
Light Dinner and
Program
Board of Directors Meeting 10/3/18
5:30-7:30 PM
WWBA Women in
Professional Transition
Project
10/5/18
1:00 PM
Networking Committee 10/11/18
6:00-8:00 PM
Families, Children, and the
Courts, Immigration,
Domestic Violence, and
Diversity & Inclusion
Committees
Judges & Lawyers Breast
Cancer Alert (JALBCA)
10/16/18
5:30-6:00 PM
Registration
(Light supper
served)
6:00-8:00 PM
Program
10/18/18
12:30 PM
Light lunch will
be served
Breast Cancer Committee 10/21/18
9:30 AM
Legal Services of the
Hudson Valley
10/23/18
5:30-7:00 PM
Wine and light
refreshments will
be served
BNY Mellon
701 Westchester Avenue
White Plains, NY
BNY Mellon
701 Westchester Avenue
White Plains, NY
445 Café
445 Hamilton Avenue
White Plains, NY
445 Café
Conference Room
445 Hamilton Avenue
White Plains, NY
Elisabeth Haub School of
Law at Pace University
Tudor Room
78 North Broadway
White Plains, NY
Westchester County
Courthouse
9 th Floor Conference
Room
111 Dr. Martin Luther
King, Jr. Blvd.
White Plains, NY
Manhattanville College
2900 Purchase Street
Purchase, NY
Legal Services of the
Hudson Valley
90 Maple Avenue
White Plains, NY
Taxing Problems: How
the New Tax Laws Will
Impact You and Your
Practice
“First Fridays” with the
WWBA’s Women in
Professional Transition
Project
One Hope Wine Tasting
Event: A Night of
Networking
Advocating for Families
in Crisis: Navigating
the Intersection of
Family and Immigration
Law
2 CLE Credits – 1.5 in
Professional Practice
and .5 in Diversity and
Inclusion (pending
approval)*
Breast Health; Early
Signs of Disease; Risk
Factors; and Treatment
Options
Making Strides Against
Breast Cancer – Team
Orbach
National Pro Bono
Week Awards
Ceremony
Please RSVP by September 25,
2018 online at www.wwbany.org
or email
executivedirector@wwbany.org
For questions or if you are not able
to attend contact: Kim Berg at
president@wwbany.org
No RSVP necessary
For more information go to
www.wwbany.org
Please RSVP by October 8, 2018
online at www.wwbany.org or
email
executivedirector@wwbany.org
Please RSVP by October 5, 2018
online at www.wwbany.org or
email
executivedirector@wwbany.org
For questions contact Lauren
Morrissey, Esq. at
lsm12@optonline.net or (ph) 914-
762-1260
RSVP online at www.wwbany.org
or email
executivedirector@wwbany.org
Register online at
www.wwbany.org
RSVP by Tuesday, October 16 th by
calling 914-949-1305 ext 174 or
emailing gbuck@lshv.org
Pace Women’s Justice
Center
Elder and Health Law
Committee
Education Law Committee 10/30/18
6:00-8:00 PM
10/24/18 Doral Arrowwood
Rye Brook, NY
10/29/18
5:30-6:00 PM
Registration
(Light supper
served)
6:00-8:00 PM
Program
Wells Fargo Bank
50 Main Street, 5 th Floor
Westchester Conference
Room
White Plains, NY
Keane & Beane
Conference Room
445 Hamilton Avenue
Suite1500
White Plains, NY
Making A Difference
Annual Benefit Dinner
NY-FL Snowbirds:
Estate Planning and
Elder Law
Considerations
2 CLE Credits – Ethics
and Skills (pending
approval)*
Student Residency
For more information email
pwjcevents@law.pace.edu
Please RSVP by October 20,2018
online at www.wwbany.org or
email
executivedirector@wwbany.org
For questions, please contact Pat
Angley at pangley@lshv.org or
914-949-1305
Registration details to follow
REMEMBER, YOU CAN FIND THE WBASNY WEB PAGE
AT WWW.WBASNY.ORG.
PLEASE REMEMBER TO RECYCLE
Connect
with
us
THE WWBA MEMBERSHIP PERIOD FOR
2018-2019 BEGINS ON JUNE 1, 2018.
PLEASE RENEW YOUR MEMBERSHIP TOD
ODAY AT
WWW.WWBANY
.WWBANY.ORG
.ORG