WWBA October 2018 Newsletter


Westchester Women’s Bar Association





Implicit Bias is Real: A Candid Discussion on

Subconscious Stereotyping

Stephanie Melowsky and Jacqueline Hattar


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.



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)




October 11, 2018

445 Hamilton Avenue

White Plains, New York

Westchester Women’s Bar Association News



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 ➥



October 16, 2018

Pace University

White Plains, New York



October 21, 2018

Manhattanville College

Purchase, New York



There can be

no dispute that statistically


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


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


Vice Presidents




Corresponding Secretary ELIZABETH Z. MARCUS

Immediate Past ast President


Elected Directors Westchester Board



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




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


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

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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

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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.


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


❑ 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.


❑ 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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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

Quarter Page Display Ad

5-10 Issues - $165.00 per issue

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

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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.

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


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



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


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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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


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


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


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


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


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


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


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


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


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/


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


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




JUNE 1, 2018 TO MAY 31, 2019.


WWBA Membership includes

membership to the Women’s Bar

Association of the State of New York


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:



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


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


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



5:30 PM


6:00-8:00 PM

Light Dinner and


Board of Directors Meeting 10/3/18

5:30-7:30 PM

WWBA Women in

Professional Transition



1:00 PM

Networking Committee 10/11/18

6:00-8:00 PM

Families, Children, and the

Courts, Immigration,

Domestic Violence, and

Diversity & Inclusion


Judges & Lawyers Breast

Cancer Alert (JALBCA)


5:30-6:00 PM


(Light supper


6:00-8:00 PM



12:30 PM

Light lunch will

be served

Breast Cancer Committee 10/21/18

9:30 AM

Legal Services of the

Hudson Valley


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


9 th Floor Conference


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


“First Fridays” with the

WWBA’s Women in

Professional Transition


One Hope Wine Tasting

Event: A Night of


Advocating for Families

in Crisis: Navigating

the Intersection of

Family and Immigration


2 CLE Credits – 1.5 in

Professional Practice

and .5 in Diversity and

Inclusion (pending


Breast Health; Early

Signs of Disease; Risk

Factors; and Treatment


Making Strides Against

Breast Cancer – Team


National Pro Bono

Week Awards


Please RSVP by September 25,

2018 online at www.wwbany.org

or email


For questions or if you are not able

to attend contact: Kim Berg at


No RSVP necessary

For more information go to


Please RSVP by October 8, 2018

online at www.wwbany.org or



Please RSVP by October 5, 2018

online at www.wwbany.org or



For questions contact Lauren

Morrissey, Esq. at

lsm12@optonline.net or (ph) 914-


RSVP online at www.wwbany.org

or email


Register online at


RSVP by Tuesday, October 16 th by

calling 914-949-1305 ext 174 or

emailing gbuck@lshv.org

Pace Women’s Justice


Elder and Health Law


Education Law Committee 10/30/18

6:00-8:00 PM

10/24/18 Doral Arrowwood

Rye Brook, NY


5:30-6:00 PM


(Light supper


6:00-8:00 PM


Wells Fargo Bank

50 Main Street, 5 th Floor

Westchester Conference


White Plains, NY

Keane & Beane

Conference Room

445 Hamilton Avenue


White Plains, NY

Making A Difference

Annual Benefit Dinner

NY-FL Snowbirds:

Estate Planning and

Elder Law


2 CLE Credits – Ethics

and Skills (pending


Student Residency

For more information email


Please RSVP by October 20,2018

online at www.wwbany.org or



For questions, please contact Pat

Angley at pangley@lshv.org or


Registration details to follow








2018-2019 BEGINS ON JUNE 1, 2018.






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