BAEC Summer 2020 Bulletin

A Message From Bar Foundation 

President, David Pfalzgraf, Jr. 

Page 8 

Bar Association of Erie County 

Bulletin 

SUMMER 

CLE Faculty Recognized for 

Committment to Education 

Page 22 

2020 

Volume 60 

No. 1 

Introducing Your 2020-2021 BAEC 

Board of Directors 

with Oliver C. Young Assuming the Presidency 

PAGES 6 & 7

2 | Summer 2020 | BAEC Bulletin 

Bar Association of Erie County Bulletin 

Table of 

Contents 

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BAEC Sponsors 

Letter from the President 

BAEC Welcomes Newly Elected to Board of Directors 

BAEC 2020-2021 Board of Directors 

Oliver Young Assumes BAEC Presidency 

A Message from Foundation President, David Pfalzgraf, Jr. 

Members Vote to Amend BAEC Bylaws 

New Members of BAEC Nominating Committee Elected 

Bench & Bar In The News 

BAEC COVID-19 Face Mask Campaign 

BAEC Committees Accepting New Members 

Say Yes! Buffalo seeks to partner with new organizations 

Introducing 2020-2021 Erie County Bar Foundation Board of Directors 

Thank You to Departing Foundation Board Members 

Reprint of BAEC’s Response to George Floyd’s Killing 

Legal Community Walk For Justice 

Erie County Bar Foundation COVID-19 Campaign 

Thank You to Departing BAEC Board Members 

Young Lawyers Committee Selects New Executive Council 

BAEC Issues Judicial Candidate Ratings 

Notice of Changes Governing the Professional Conduct of NY Attorneys 

In Memoriam 

Foundation Contributions to Benefit Profession 

Recognition of 2019-2020 CLE Faculty 

Lawyers for Learning Update 

NYSBA Ethics Opinion 1192 

BAEC Life Members and Contributing Members 

Classifieds 

BAEC New Members 

Bulletin Advertisement Index 


Oliver C. Young 

Hugh M. Russ, III 

Timothy J. Graber 

Kelley A. Omel 

Anne M. Noble 

Greg Hirtzel 

President 

Vice President 

Treasurer 

Deputy Treasurer 

Executive Director 

Director of Marketing & Communications, Editor of the Bulletin 


Lauren E. Breen, Reetuparna (Reena) Dutta, Elizabeth A. Kraengel, Michael L. McCabe, Robert C. Brucato, Jr., 

Colleen Curtin Gable, Krista Gottlieb, Karen Richardson, Kara M. Addelman, Samuel A. Alba, Peter J. Crotty, 

Jennifer Metzger Kimura, Kelly Barrett Sarama

BAEC Bulletin | Summer 2020 | 3 

Live CLE programs are 

continuing through the 

summer! 

We will continue to offer CLE programs, led by local, experienced, 

and knowledgeable faculty throughout the summer. 

CLICK TO VIEW CLE CALENDAR 

PLUS, CHECK OUT OUR PROGRAMS 

ONDEMAND BY CLICKING HERE 

WEAR A MASK 

MY MASK PROTECTS YOU 

YOUR MASK PROTECTS ME 

TOGETHER WE CAN SAVE LIVES



SPONSORS 

These organizations have partnered with the BAEC for 2020. We are tremendously grateful for their support and generosity! 

THE 

LAW OFFICES OF 

TIMOTHY M. O’MARA 

ATTORNEYS 

LLP 

MSP Compliance Solutions


Letter from the 

President 

As I commence this journey as president of the Bar Association of Erie County, I first want to thank 

the members of this Association for placing your trust in me to serve in this capacity. My humble 

pledge is to each and every day honor your trust. 

The first step on my journey is to recognize and commend my predecessor, Bridget M. O’Connor. She 

has, despite the extraordinary circumstances confronting us due to the global public health pandemic, 

ably and effectively led this Association. With class, wit and exceptional interpersonal skills, Bridget 

has worked tirelessly to guide the Association in meeting the needs of our members. At the risk of 

Oliver C. Young 

appearing to overstate the matter, I can forthrightly state that Bridget’s fortitude and steadfastness 

have shown us that with perseverance we may even accomplish the nearly impossible. Emblematic 

of her awesome stewardship of the Association is Bridget’s management of the widely-heralded visit of Associate Judge Ruth Bader Ginsburg to 

Buffalo. We all still have a sense of pride from the Ginsburg visit. Bridget’s love for lawyers and the legal profession is palpable and is evinced by her 

eagle-eyed focus on the need of Association members, further evinced by her successful efforts in working closely with our committee chairpersons 

to strengthen our standing committee structure. Thanks Bridget for all you have done for the Association. Your leadership has been awe-inspiring. 

Next, I wish to acknowledge our BAEC Committee Chairpersons, who have, throughout the shutdown, continued to call committee meetings 

and to do the work of the Association. Since the shutdown, the chairpersons have been meeting with the Association leadership twice per week to 

receive information about the state of the court closing, which information is passed on to their committee members. The chairpersons’ willingness 

to participate in this twice-weekly exercise is worthy of praise and very much appreciated. 

The Court Pause 

We were all dismayed by, and have come to understand the reasons for, the Governor’s decision to close schools and non-essential businesses, as 

well as concerned about the impact of the decision on some court operations. The novel Coronavirus (Covid-19) has dealt a devastating blow to 

the citizens of New York State, having caused a heavy loss of life and business interruptions. However, a decision on the part of our governmental 

authorities not to shut down in March 2020 would likely have resulted in more deaths and other losses. In the wake of the pause in some court 

operations, our ability to practice law in some courts and serve our clients has been somewhat hampered. The future uncertainty has caused 

enormous consternation. We should look to our institutions, like the Bar Association, for assistance in navigating these troubled waters. Hopefully, 

we are not at Winston Churchill’s “end of the beginning,” but rather closer to the “beginning of the end.” 

As of this writing, we are about to enter Phase Three of the courts’ return to full operation. Phase Three will allow for more access to the courts for 

the processing of additional non-essential matters. The expansion under Phase Three will not be a return to “business as usual” in the near term. 

What you will see, in the parlance of Chief Judge Janet DiFiore, is a “new normal” in court operations. For the near future, there will be heavy 

reliance on technology and virtual court proceedings. The Association is working closely with the courts to devise processes and procedures to 

resolve pending cases and calendar new cases. 

George Floyd and Police Misconduct 

By the time you read this post, the Human Rights Committee will have held a CLE seminar entitled “Law Enforcement Accountable: Section 

1983 and Excessive Force Claims.” The tragic death of George Floyd has touched people deeply not only in this country, but in far-flung places all 

around the world. On the heels of Mr. Floyd’s death, there was the killing of Rayshard Brook by an Atlanta police officer. The seminar will address 

how lawyers can seek redress for their clients injured as a result of police misconduct. More about the seminar in my next letter. 

I was able to join 200+ other lawyers on the June 10 th Walk for Justice, organized by Buffalo attorney Shawn W. Carey. The .6-mile walk, which 

started in front of Old County Hall, included a kneel-down in front of the U.S. Constitution sketched on the outside wall of the federal courthouse. 

While the Walk was not a BAEC-sponsored event, some of our members assisted in organizing it and many other members took part in the walk 

(Note that the Bar Association on June 1, 2020 issued a presser addressing the George Floyd matter). 

Re-Opening Our Law Offices 

The BAEC has created a task force entitled Resuming Operations: Adapting to Practicing in a COVID-19 World. The task force, headed by 

BAEC Director Liz Kraengel, will make recommendations on how to re-open safely our offices, and how to navigate and maneuver in this 

COVID-19 environment. Please check the BAEC website in the coming weeks. 

Election 2020 

I wish to thank our retiring Board members for their outstanding service to the BAEC. They include: President Bridget M. O’Connell, Treasurer 

Craig R. Bucki, and Directors Jennifer I. Fay, Mario A. Giacobbe and Peter Matthew Kooshoian. Much success to them in all of their future 

endeavors. 

In closing, please enjoy the remainder of this summer. Stay safe. Be well. I will be in touch again by way of this medium in the Fall.


BAEC Welcomes Newly Elected to 


On June 26, 2020, the membership voted to elect new additions to the Board of Directors of the Bar Association of Erie 

County. We wish a heartfelt congratulations to the new Board members! We are extremely excited for what this next year 

has in store for the Association! 

Hugh M. Russ, III 

Kelley A. Omel 

Kara M. Addelman 

Samuel A. Alba 

Kelly Barrett Sarama 

Jennifer Metzger 

Kimura 

Peter J. Crotty 

The Bar Association of Erie County’s 2020-2021 Board of Directors is made up of the following: 

Oliver C. Young, President 

Hugh M. Russ, III, Vice President 

Timothy J. Graber, Treasurer 

Kelley A. Omel, Deputy Treasurer 

Lauren E. Breen, Director 

Reetuparna (Reena) Dutta, Director 

Elizabeth A. Kraengel, Director 

Michael L. McCabe, Director 

Robert C. Brucato, Jr., Director 

Colleen Curtin Gable, Director 

Krista Gottlieb, Director 

Karen Richardson, Director 

Kara M. Addelman, Director 

Samuel A. Alba, Director 

Peter J. Crotty, Director 

Jennifer Metzger Kimura, Director 

Kelly Barrett Sarama, Director


Oliver Young Assumes Presidency 

of the Bar Association of Erie 

County 

Oliver C. Young is the Bar Association of Erie County’s 114 th President. He was officially 

sworn in as President at the Board of Directors meeting on June 30, 2020. He succeeds Bridget 

O’Connell. 

Oliver C. Young is a 1980 graduate of the SUNY at Buffalo Law School. In addition to a law 

degree, he earned a Bachelor of Science degree in Political Science from the University of 

Wisconsin-Madison and a Masters Degree in Economics from SUNY at Buffalo. Until October 

2018, Mr. Young was employed as a Principal Court Attorney for the NYS Supreme Court, 8th 

Judicial District, having retired on October 31st after more than 38 years of service. Mr. Young is 

now Of Counsel to Barclay Damon, LLP, with a focus on general commercial litigation. 

He is also a member of the Minority Bar Association of Western New York, a member of the New York State Bar 

Association House of Delegates, and a member of the American Bar Association. Among other affiliations, he is the former 

President of the Board of Directors of the Western New York Law Center. 

Upon assuming the Presidency, Mr. Young stated, “As we move towards what Chief Judge Janet DiFiore calls the ‘new 

normal,’ we in the legal profession reaffirm our commitment to the rule of law, to civility, and to seeking justice for 

all. Given the current social climate, I call upon all of us to reimagine the role we can play in rooting out all vestiges of 

institutional racism, in facilitating diversity and inclusion in all aspects of our civil society, and in bending the arc of history 

towards justice.” 

Here is a glimpse of President Young’s swearing-in ceremony, officiated by the Honorable Eugene Fahey. Despite our 

need to maintain social distancing during the ongoing health pandemic, the event was a success, being conducted via web 

conferencing technology.


FROM THE ERIE COUNTY BAR FOUNDATION 

This is my first official communication since taking over for Pamela Thibodeau as the President 

of Erie County Bar Foundation’s Board of Directors. I am honored and humbled to assume this 

role. Many thanks to Pam for her stellar leadership and tireless efforts this past year. Although 

I certainly have big shoes to fill, I am up for the challenge and I am looking forward to leading 

the Foundation as we endeavor to help many of our fellow lawyers who are in need of assistance 

and support. I also want to take this opportunity to welcome aboard the Foundation’s newest 

Directors: Hon. Mary Giallanza Carney, Tiffany Perry, Laura Styka Bloom, and Kevin Spitler and 

thank our outgoing board members Treneeka Cusack Fields, Michael Scinta, and Stephen Yonaty. 

I follow in a long line of attorneys, including my father, David Sr. (who was President of the 

Foundation in 2001 - 2002), who have passionately supported the works of the Foundation 

and who have experienced first-hand the reward of reaching out to others in need. Practicing law 

can be a tremendously fulfilling and rewarding endeavor. At the same time, though, it can also be 

incredibly stressful and damaging to a lawyer’s mental health and overall quality of life. Many of 

our colleagues struggle with burn-out levels of stress, family problems, mental health difficulties, anxiety, medical problems, drug and alcohol 

dependency, and financial hardship, among other personal and professional difficulties. The COVID-19 pandemic has undoubtedly increased 

the level of stress and anxiety for many in our profession. 

We all know attorneys who have faced difficulties and have suffered the ill-effects of stress and burnout. Countless studies over the years 

have confirmed that over 50% of all lawyers in the United States will struggle with clinical depression, drug and alcohol dependency, and/ 

or anxiety issues at some point in their career. These studies have found that one of the key obstacles for attorneys seeking assistance for 

their behavioral health problems is the fear that someone will find out and discredit them or that requesting help may possibly affect their 

license to practice. Especially for lawyers it may be a natural inclination to hide one’s problems and try to struggle through alone. There is the 

perception of stigma and judgment tied to mental health and substance abuse issues - but failure to reach out for readily available assistance 

can just make problems worse. 

There is a real need for help and support in our local legal community, and the Bar Foundation is here to offer that help and support, in a 

confidential and non-judgmental manner. Help is just a phone call away and the assistance you will be offered is completely confidential. If 

you contact the Bar Foundation, nobody at your law firm, in the judiciary, the Office of Grievance or any of your clients or your colleagues 

will ever know that you asked for help, or the type or amount of help you receive. All information and communications are kept in strictest 

confidence according to the mandates of Judiciary Law Section 499, Disciplinary Rule 1-102 and HIPAA. 

If you need assistance – or know a friend or colleague who does – please call 852-1777 and ask for Anne Noble, or access the on-line 

application at eriebar.org/ErieCountyBarFoundation/Application. Your Foundation board is anxious and able to help our fellow lawyers 

in need. 

Finally, I want to make everyone aware of a special campaign that the Foundation has launched to help support lawyers in our association 

who have been particularly hit hard by COVID-19. If you are able to contribute, feel free to use this link: https://eriebar.org/ 

covid19campaign. 

Many thanks for your continued support of the Foundation. 

David R. Pfalzgraf, Jr. 

President 

THE COMPANY OF 

FRIENDS. 

THE SUPPORT OF 

COLLEAGUES.


New Members of Nominating Committee 

Voted In 

The Bar Association of Erie County’s Nominating Committee is tasked with a great responsibility: selecting candidates for future 

leadership positions in the Association. The Nominating Committee identifies, researches, and ultimately nominates Board of 

Directors candidates to be voted on by the membership. Every year, the Committee works diligently in seeking out qualified members 

of our legal community who are willing, ready, and able to lead the Association as it fulfills its mission. 

On June 26, the members elected two new members to the Committee: Michael H. Kooshoian and Cheryl Meyers-Buth. 

Michael H. Kooshoian 

BAEC Members 

Approve 

Amendments to 

Bylaws 

On June 26, 2020, the Association membership voted and 

approved of amendments to the Association Bylaws. A 

summary of the changes is set forth below. 

The changes to the Bylaws conform the Bylaws to the most 

up to date not for profit legal standards in New York. These 

changes principally relate to how meetings are conducted 

and are generally technical in nature. The proposed 

Bylaws formally identify the role and composition of the 

Association’s Executive and Finance Committees. The 

Bylaws also identify and provide a role for the Association’s 

immediate Past President to sit as an ex- officio non-voting 

member of the Executive and Finance Committees. Finally, 

the proposed Bylaws eliminate the duties of the Judiciary 

Committee to receive, consider and investigate complaints 

about the Judiciary. 

CLICK TO VIEW AMENDED BYLAWS 

Cheryl Meyers-Buth 

BAR ASSOCIATION OF ERIE COUNTY 

DISABILITY INSURANCE PROTECTION 

Because your family depends on you 

For more information on protecting your income, 

your family, and your practice, contact 

Phone: 716-627-5400 Fax: 716-627-5420 

E-mail: insurance@ sellersinsurance.com 

Underwritten by: Life Insurance Company of Boston & New York, Athol Springs, NY. 

This policy provides disability income insurance only. It does not provide basic 

hospital, basic medical or major medical insurance as defined by the New York State 

Insurance Department. The expected benefit ratio for this policy is 60%. This ratio is 

the portion of future premiums which the company expects to return as benefits, 

when averaged over all people with this policy. See the Product Brochure and/or 

Policy Form DIC-N (0900) NY for details concerning policy benefits, limitations and 

exclusions. CJS573 8/19 Exp. 8/21


Bench and Bar In the News 

Lani J. Brandon has joined Hurwitz & Fine as an associate in the firm’s Litigation Department, where she handles matters 

involving automobile liability and premises liability. Ms. Brandon routinely provides advice on litigation strategy and counsel on 

questions of liability and damages. Prior to joining Hurwitz & Fine, she served as Assistant Field Counsel for a large national 

insurance carrier, where she managed a large volume of cases, defending commercial and individual policyholders in lawsuits arising 

out of motor vehicle accidents and premises liability. 

Attorney Erin K. Ewell of The Coppola Firm has been installed as a board member of the Arts Services Initiative of Western New 

York (ASI). ASI acts as a resource hub for the region’s arts community, connecting artists with funding and learning opportunities. 

Ewell joins the ranks of local artists and directors supporting art culture in the region. In addition to her ASI board membership, 

Ewell is a member of the University at Buffalo Law School’s GOLD Group board of directors and a member of the Amherst 

Chamber’s Emerging Business Leaders class of 2020. 

William Mattar law offices is pleased to welcome Annabelle Gao to the firm’s attorney staff at its principal location in 

Williamsville, NY. Ms. Gao grew up in Ontario, Canada, where she graduated from McMaster University, receiving an Honors 

Bachelor of Arts degree in Political Science. Ms. Gao went on to earn her Juris Doctor degree from the University at Buffalo 

School of Law. Ms. Gao is admitted to practice law in New York, and prior to joining William Mattar law offices, she worked at 

civil litigation law firms. 

Lippes Mathias Partner Judge Carol E. Heckman (Ret.) was invited to join the College of Commercial Arbitrators (CCA), one of 

the top professional organizations for commercial arbitrators in the United States and internationally. Judge Heckman will join an 

elite group of arbitrators who have the professional training, judgement and years of experience to undertake the most complex and 

difficult commercial arbitration assignments. With more than 40 years of experience as a trial lawyer and judge, Judge Heckman 

(Ret.) has an active practice as an arbitrator for the American Arbitration Association, and conducts arbitrations in most major 

metropolitan areas. 

Hodgson Russ is pleased to announce that Hugh M. Russ, III has been inducted as a Fellow into the prestigious and distinguished 

American College of Trial Lawyers (ACTL), the “preeminent organization of trial lawyers in North America, dedicated 

to maintaining and improving the standards of trial practice, professionalism, ethics and the administration of justice.” The 

organization acknowledges and honors only the best trial attorneys located in the United States, Canada and Puerto Rico. ACTL 

Fellows include civil practice plaintiff and defense lawyers, public interest lawyers, prosecutors as well as criminal defense attorneys. 

Marc A. Schulz has advanced from Associate to Member at Hurwitz & Fine, P.C. Marc focuses his practice on labor law; SUM/ 

AAA claims, including the production of claims files and defending adjuster depositions; complex litigation; and insurance defense 

matters. Marc is a board member of the Defense Trial Lawyers Association of Western New York and of the GOLD Group of UB 

Law School. 

Stillwell Midgley Visco is proud to announce Nancy J. Sheehan, RN, Esq., has joined our firm as Special Counsel. Ms. Sheehan 

was Vice President of Legal Services at Catholic Health for twenty years before coming to our firm. She will focus her practice 

on healthcare law, regulatory compliance, business formation, corporate practice of medicine, contract review and negotiation, 

litigation, professional licensing, disciplinary hearings, and OPMC matters. 

Amber E. Storr has advanced from Associate to Member at Hurwitz & Fine, P.C. Amber is an experienced litigator, focusing her 

practice on business & commercial litigation, employment law litigation, professional liability defense, and mediation. She is also 

Commercial Litigation Co-Chair of the Commercial Litigation and Bankruptcy Law Committee of the Bar Association of Erie 

County and an active member of the Alternative Dispute Resolution Committee. 

HOW TO PLACE A BENCH & BAR ANNOUNCEMENT 

If you are a BAEC member in good standing and you’ve moved, been promoted, hired an associate, taken on a partner, or received an award, we’d 

like to hear from you. Notices must be submitted in writing and limited to 100 words. They are printed at no cost to members and are subject 

to editing. Email your notice and high resolution photo (300 dpi) to Greg Hirtzel at ghirtzel@eriebar.org. Talks, speeches (unless they are of 

international stature), CLE presentations, and political announcements are not accepted.


Let Us Assist You With Your SSD & SSI Cases 

• We have a winning track record & helped over 20,000 clients with their claims. 

• We pay referral fees as allowed by New York Rules of Professional Conduct. 

• Your client relationship is protected. 

Please call us at 716-856-7091, email Jeffrey Freedman Attorneys at info@jeffreyfreedman.com. 

Administrative Office: 424 Main St., Suite 622 Buffalo, NY 14202 | Prior results do not guarantee or predict a similar outcome with respect to any future matter. 

BAEC COVID-19 Face Mask Campaign 

On May 19, 2020, the BAEC began its "100 Mask Campaign" and our members delivered! Since then, 

over 200 masks (and still counting...) have been delivered to the West Side Bazaar. 100 of these masks 

will be given to Grassroots Gardens for distribution to families working in community gardens across the 

city and who rely on each other to grow food together for their communities. The remaining masks will be 

distributed to students in WEDI’s education programs and to families on the West Side and in Riverside 

who may not otherwise have the means to obtain masks on their own. WEDI and Grassroots Gardens are 

extremely thankful for the BAEC's efforts and support! 

Special thanks to the following face mask donors 

Buffalo Mobile Notary Services ( John 

Duffy) 

William Mattar 

John V. Millane III 

Hodgson Russ 

David Stillwell 

Noemi Fernandez 

The Coppola Firm 

Robert Ciesielski 

Jeffrey Freedman 

Daniel Archilla 

Karen Richardson 

Judith Olin 

Susan Roney 

Rod Personius 

Judge Barbara Howe 

Michelle Parker 

Krista Gottlieb 

Kathleen Knoer 

James J Zawodzinski Jr 

Julie A Dee 

Patrick J. Brown 

Emilie E. Ronald 

Elizabeth Kraengel


Stay Connected in Our Rapidly Changing Legal 

Environment by Joining a Committee 

It’s easy and free! 

The BAEC has many Committees, some of which focus on specific practice areas, others of which focus on program, 

practice management and policy matters, such as the Diversity and Inclusion Committee, Solo Practice Committee and 

the Human Rights Committee. A complete list of our Committees can be found at eriebar.org/Committees. You can join 

a committee of your choice by emailing the BAEC at dortega@eriebar.org and stating your interest. We welcome new 

members to our committees. 

When you join a committee, we hope you will attend their meetings, many of which are monthly. A calendar of meetings 

can be found on the BAEC website. By attending meetings and joining a committee, you will get timely legal updates and 

access to a variety of speakers, with unique insights into pressing issues facing the local legal community. When something 

breaks in your practice area, the committee forum is an excellent way to ensure you have the latest insights and connections 

that you need to service you clients. Our meetings are presently virtual making it easy and efficient to attend while 

balancing a rigorous schedule. 

Your membership dues covers the full cost of your participation in Committees. So, it is free and easy. Join today! 

If you have any questions, please contact Anne Noble, Executive Director, at 716.852.8687 or anoble@eriebar.org. 

Say Yes! Buffalo Seeking Interns 

The Bar Association of Erie County is committed to the Diversity & Inclusion Committee’s 

diversity pipeline initiatives - even in these uncertain times that we are living in. Last 

summer, we teamed up with Say Yes! to pair undergraduate students and law firms/legal 

service organizations with paid internships. We continue to push our efforts forward with 

programming, but have decided to focus our efforts to the Fall 2020 semester. However, if 

you are interested in still having an undergraduate intern this summer, we can make that 

happen too as Say Yes! is still accepting internship applications. If you are unable to accept 

an intern at this time, but you would like to support these diversity pipeline initiatives, 

you can also make individual contributions to sponsor internships. Please contact Jennifer 

Metzger Kimura at jkimura@legalaidbuffalo.org or via telephone at 716-853-9555 ext. 465 

with any questions. 

Jennifer Metzger 

Kimura 

BULLETIN 

DEADLINES 

FALL ISSUE 

AD DEADLINE 

AUGUST 21 

COPY DEADLINE 

AUGUST 28

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Introducing Erie County Bar Foundation 2020-2021 


The Erie County Bar Foundation is pleased to announce its 2020-2021 Officers and Board of Directors. David R. Pfalzgraf, 

Jr., Managing Partner at Rupp, Baase, Pfalzgraf, Cunningham, LLC, has succeeded Pamela Thibodeau as President. 

Michael F. Perley, Senior Member at Hurwitz & Fine, P.C., is now serving as Vice President. Tiffany R. Perry and Helen 

Ferraro-Zaffram are the Foundation’s Treasurer and Secretary respectively. 

Serving as Directors are Laurie Styka Bloom, Hon. Mary Giallanza Carney, Alan S. Carrel, David 

L. Edmunds, Jr., Robert J. Fluskey, William R. Hites, Jeffrey M. Priore, Penny B. Selmonsky, 

Kevin W. Spitler, Pamela H. Thibodeau, and Mark Alan Worrell. 

David R. Pfalzgraf, Jr. 

President 

Upon becoming President of the Foundation, Pfalzgraf reflected, “I am honored to take over 

the Presidency of the Bar Foundation from Pamela Thibodeau, who lead our Board with great 

distinction this prior year. We have a lot of important work ahead of us and I know that our Board 

is up for the challenge of helping lawyers in need in our community.” 

Thank you departing Foundation Board 

Members! 

We are incredibly grateful for the dedication of the departing Erie County Bar Foundation 

Board members. They invested much of their time and expertise to assist many lawyers and 

their families. 

On behalf of the Foundation and the Association, we wish a heartfelt thank you to the 

following people: 

Treneeka Cusack Fields 

Michael Scinta 

Stephen Yonaty 

GROWING TRIAL FIRM 

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A message to the members regarding the death of 

George Floyd and the call for justice and equality 

On May 25, 2020, George Floyd was killed Minneapolis, Minnesota by Minneapolis police officers. This tragedy sparked a nationwide cry for 

justice and the end of systemic racism. The Bar Association of Erie County leadership released a statement in response to this significant moment 

in history. 

Dear Members, 

The death of Mr. George Floyd requires us to speak. As the Bar Association of Erie County, our mission calls us to 

facilitate the administration of justice. A just society cannot accept the mistreatment of people of color. 

As lawyers, we embrace peaceful solutions to the serious systemic challenges facing us in these troubling days and nights. 

We reject silence following Mr. George Floyd’s death. In the words of Harriet Beecher Stowe, “the bitterest tears shed over 

graves are for words left unsaid and for deeds left undone.” To our members, now is the time to do and say all we can to 

help bring equity and justice to our workplaces, homes, and neighborhoods and to support and strengthen fair application 

of the rule of law, due process, and enduring equality in our courts and society. 

While we condemn the violence in our streets, we are committed to the cause and the struggle. We are responsible for each 

other and accountable for forging change to right injustices of the past and present. 

Sincerely, 

Bridget M. O’Connell and Oliver C. Young 

Legal Community stands up against racism and police 

brutality on their “Walk for Justice” 

Spearheaded by Shawn Carey, a local attorney, the legal community came together on June 10, 2020 for a silent, peaceful 

Walk for Justice. This event happened due to the unjust killing of George Floyd in Minneapolis on May 25 at the hands of 

law enforcement. The walk was a statement from the legal community that injustice, inquality, racism, and police brutality 

are unacceptable and must end immediately. 

The Walk was attended by several hundred members of the local legal community. Participants began the walk at the Erie 

County Courthouse / Old County Hall, went past City Hall, and paused a moment at the Robert H. Jackson United States 

Courthouse to take a knee in front of the U.S. Constitution engraved on the side the courthouse.


Erie County Bar Foundation implements COVID-19 

Campaign to assist those in need 

The Erie County Bar Foundation has implemented a new campaign in the effort to assist 

lawyers and their families in need, directly affected by the COVID-19 health pandemic. 

The Foundation is asking each member of the Association to consider giving to the 

Foundation during the health care crisis. The WNY legal community has consistently 

been generous and supportive of their colleagues over the years. Your kindness has made 

the difference in the lives of many lawyers. 

The economic disruption caused by the COVID-19 pandemic will cause great financial 

hardship for many local attorneys, who are seeing an extreme loss of revenue and even, 

for some, a total loss of income. Many suffering from a total loss of income serve as 

court appointed counsel and help ensure access to justice for people who might not 

otherwise have a lawyer. In response, the Erie County Bar Foundation launched a special 

emergency fundraising drive. Many of our Western New York judges have already provided substantial support, along with 

our Board of Directors. 

The business interruption from COVID-19 may represent one of the most significant challenges we have faced in support 

of lawyers since our founding. Our grants are used for healthcare, household expenses, funeral costs, and other expenses 

necessary to sustain a household or practice. Unfortunately, it is not at all clear that there is a definitive end to this public 

health crisis, and we anticipate lawyers may be in financial need for some time to come with the need for Foundation 

support growing perhaps to an unprecedented level. 

Your donation today will help us help lawyers through this crisis. You may donate by clicking the button below or by 

sending a check payable the Erie County Bar Foundation, 438 Main Street, Buffalo NY 14202. 

Thank you for your generosity! 

CLICK TO DONATE 

If button does not work, copy and paste this link in your web browser address bar: https://eriebar.org/COVID19Campaign 

RICHARD F. GRIFFIN, ESQ. 

MEDIATOR AND ARBITRATOR 

MR. GRIFFIN IS NOTED FOR 

HIS PREPARATION, 

PATIENCE AND 

PERSISTENCE 

Richard F. Griffin has served as a Mediator and Arbitrator for 

over 15 years. Prior to that time, he litigated hundreds of civil 

cases in both state and federal courts. These involved multiple 

issues: personal injury (defense and plaintiff), commercial, 

business, construction, employment, and civil rights. He is a 

member of the American College of Trial Lawyers. 

Mr. Griffin is a member of the Mediation and Arbitration Panels 

of the AAA, CPR, NY State Supreme Court, U.S.D.C.W.N.Y. and 

a Charter Member of the New York Academy of Mediators and 

Arbitrators. 

The Following are some recent comments from the parties: 

• “I would like to express my appreciation for the terrific effort 

you have made in resolving this case.” (Personal Injury) 

• “Your passion and desire for the legal system have left a deep 

impression with me.” (Widow’s Contract Enforcement) 

• “Thank you again for everything...my clients loved you.” 

(Estate Dispute) 

• “I liked his style.” (Party in Business Dispute) 

• “Just don’t give any thought about retirement. Great 

arbitrators are hard to find.” (Construction) 

GRIFFIN GETS RESULTS 

Richard F. Griffin, Esq. 

Mediator and Arbitrator 

716.845.6000 

www.kavinokycook.com 

rgriffin@kavinokycook.com 


Committees 

www.eriebar.org/ 

Committees 

Get involved in the BAEC, join a 

committee!


Thank you departing BAEC Board Members! 

We are so appreciative for the hard work our Board of Directors does each and every year. We’d like to give a special thanks 

to the Board members whose tenure on the Board has come to an end. Bridget O’Connell (2019-2020 President), Craig 

Bucki (2019-2020 Treasurer), Jennifer Fay, Mario Giacobbe, and Peter Matthew Kooshoian (Directors) were a integral 

part of our organization and we appreciate the time and hard work they put into executing the BAEC’s mission. Thank you 

departing Board members! 

O’Connell Bucki Fay Giacobbe Kooshoian 

Young Lawyers Committee announces 2020- 

2021 Executive Council 

Co-Chairs Sam White and Carolyn DeVaughn would like to announce the Young Lawyers 

Committee’s Executive Council for the 2020-2021 year: Andrew Drilling, Cat McCulle, Jesslyn 

Holbrook, Kate Johnson, Colin Knoer, and Tom Lyons. The Executive Council is an integral part 

of the YLC. Its members—who are chosen based on their initiative and involvement in YLC 

activities—plan and run the numerous events that the YLC hosts each year. 

The Committee is looking forward to all that this year will bring, and will be working creatively 

to provide programming despite the current challenges that we face. It is an extremely active 

committee and is open to all BAEC members who have been admitted ten years or fewer. The 

Committee hosts numerous charitable and social events throughout the year, and will continue 

to do so. The YLC will meet every third Friday of the month via Zoom or at the BAEC 

Headquarters at 12:15, if and when social distancing restrictions are relaxed. Lunch is provided 

during in-person meetings. 

Active participation in the YLC is an easy way to take that first step toward getting involved 

in the local legal community and networking with your peers. Most of the YLC’s events are 

completely free and designed to be welcoming in order to make it easy for newcomers. Stay tuned 

for the YLC’s Fall Kickoff Happy Hour in September and the Evening with the Judiciary in 

November. If you would like more information about how you can get involved with the YLC, 

contact Sam at samanthawhite196@gmail.com or Carolyn at cdevaughn@gross-shuman.com.

18 | Spring 2020 | BAEC Bulletin 

Bar Association of Erie County releases ratings 

of Judicial Candidates 

The Bar Association of Erie County has completed and issued its 2020 ratings for judicial candidates for New York State 

Supreme Court and Erie County Court. The ratings are as follows: 

New York State Supreme Court 

Gerald J. Greenan III – Not Recommended 

Hon. Amy C. Martoche – Well Qualified 

Erie County Court 

Hon. Kenneth F. Case – Outstanding 

The Association uses a four-level rating system of Outstanding, Well Qualified, Qualified, and Not Recommended. 

Ratings are done annually prior to fall elections to assist the public in making informed decisions as they vote for judicial 

candidates. 

Judicial candidates are evaluated on criteria necessary to hold judicial office, including integrity, experience, professional 

ability, education, reputation, industry, temperament, fairness, statutory standards, attitude, punctuality, and knowledge 

of the law. Judicial candidates are asked to complete a written questionnaire and are also interviewed as part of the 

comprehensive rating process. Interviews with lawyers and judges who have had interaction with the candidates are also 

considered in determining the rating for judicial office. Please visit eriebar.org for further information. 

The Bar Association of Erie County has been rating candidates for judicial office since 1993. With more than 3,000 

members, the not-for-profit professional association was founded in 1887 to advance the administration of justice through 

programs and services for the legal profession and the public. 

MEDIATE ~ ARBITRATE 

BUSINESS • EMPLOYMENT • ELDER • CONTRACTS 

Krista Gottlieb, Esq. 

Resolutionary 

• 25 Years Mediation Experience 

-Resolutions from handshakes to multiparty multiple millions 

-Individuals to numerous Fortune 500 companies 

-Parties & Counsel from 34 states and counting 

• National Association of Distinguished Neutrals 

• Neutral venue designed for ADR 

• 40 Years Litigation Experience 

• Legal Elite of Western New York - Top 10, 2015-2017 

• Federal & State Court Mediation & Arbitration Rosters 

• Best & Super Lawyers - ADR 

• Mediation Trainer, Presenter & Lecturer 

*Prior results do not guarantee a similar outcome* 

ADR Center & Law Office 

43 Court Street, Suite 1100 

Buffalo, NY 14202 

(716) 218-2188 

KG@KristaGottlieb.com 

www.KristaGottlieb.com 

BAEC Establishes Office 

Re-Opening Safety Plan 

In accordance with the New York State and the Governor’s 

Executive Order, the Bar Association of Erie County has 

implemented their Workplace Re-Opening Safety Plan. 

Effective immediately, all employees, members, and visitors 

will be required to comply to the plan in order to enter the 

premises. 

CLICK TO READ SAFETY PLAN 

PREPARED • PERSISTENT • PROFESSIONAL


NEWS ADVISORY 

New York Court System’s Administrative Board 

Approves Two Rule Changes Governing the 

Professional Conduct of NY Attorneys 

NEW YORK − The court system’s Administrative Board, comprising the Chief Judge and the four Presiding Justices 

of State Supreme Court’s Appellate Division, has approved changes to two rules governing the professional conduct of 

attorneys in New York State. 

The Administrative Board has adopted revisions to a rule that had banned law firms from advertising their services under 

trade or domain names. While the original intent was to prevent misleading the public about the identity, responsibility 

and status of those who use the name, the rule (New York Rule of Professional Conduct 7.5) was based on outdated 

professionalism standards, spurring a First Amendment challenge that further argued that the rule was overbroad. 

In April, the New York State Bar Association’s Committee House of Delegates approved a revised rule proposed by the 

Committee on Standards of Attorney Conduct that prohibits names that are false, deceptive or misleading. The revision 

also reorganizes the structure of the rule, deleting superfluous portions and adding guidance regarding proper and improper 

law firm names. The Administrative Board has adopted the Committee’s recommendations with some modifications, 

putting New York on par with many other jurisdictions throughout the country that allow the use of trade names. 

Additionally, the Administrative Board has approved an amendment to New York Rule of Professional Conduct 1.8(e), 

allowing legal services organizations and pro bono attorneys to provide financial assistance to low-income clients beyond 

the costs and expenses of litigation that had previously been permitted. 

Soon after the COVID-19 pandemic hit, bar associations began to field calls from lawyers and nonprofit groups who 

wished to assist indigent clients to pay for food and other basic needs without facing disciplinary action. The amended rule 

relaxes the ban on providing financial assistance to clients, allowing lawyers to provide humanitarian assistance to their 

clients in dire need while keeping appropriate ethical safeguards in place. 

The Administrative Board adopted the humanitarian exception with the following limitations: funds raised for any legal 

services organization for purposes of providing legal services will not be considered for humanitarian purposes; and 

financial assistance may not include loans or any other form of support that causes the client to be financially beholden to 

the provider of assistance. 

Hon. Lawrence K. Marks 

Chief Administrative Judge 

Date: June 18, 2020 

www.nycourts.gov/press 

New York State Contact: 

Unified Court System Lucian Chalfen 

Public Information Director 

Arlene Hackel, Deputy Director 

(212) 428-2500 

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IN MEMORIAM 

We wish to honor the memory of the following members of our Bar Association. Memorial gifts to the Erie County 

Bar Foundation are an excellent way to remember friends and colleagues, as gifts are used for the benefit of the entire 

profession. 

Chris T. Brunea 

Hon. John J. “Jack” 

Gruber 

Richard T. Vallone, Jr. 

Paul G. Cleary 

David L. Sweet 

Paul F. Labaki 

Peter J. Fiorella, III 

Craig M. Cwick 

Laurence D. Behr 

CLICK TO VIEW FULL IN MEMORIAM LIST 

“The heart hath its own memory, like the 

mind. And in it are enshrined the precious 

keepsakes, into which is wrought the giver’s 

loving thought.” 

~ H.W. Longfellow 

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Hubbell; rated as Super Lawyer for Alternative Dispute Resolution 

Upstate Division 2011; Member of the National Academy of 

Distinguished Neutrals 

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Ellicott Square Building • 295 Main Street, Suite 786 • Buffalo, NY 14203


FOUNDATION CONTRIBUTIONS TO BENEFIT PROFESSION 

Contributions to the Erie County Bar Foundation provide an excellent vehicle for recognizing and honoring members of our profession. Memorial gifts to the 

Foundation become a lasting tribute to the entire legal profession, as funds are used exclusively to assist attorneys and promote understanding of our legal system. 

The Foundation gratefully acknowledges the following memorial contributions: 

In Honor of Bridget M. O’Connell on her 

remarkable year as President: 

The Coppola Firm 

In Honor of Justice James H. Dillon’s Service on 

the Bench: 

Hon. Michael E. Hudson 

In Honor of the Retirement of Albert J. Mogavero, 

Chapter 13 Trustee: 

Howard & Marylou Kleiman 

In Honor of the Retirement of Earl K. Cantwell, 

II: 

Justin S. White 

In Honor of Law Day 2020 Award Winners: 

Marilyn Hochfield 

In Honor of Donald McHenry for his services in 

assisting lawyers: 

William R. Hites 

In Memory of Hon. Mark G. Farrell and Hon. 

Joseph S. Forma: 

Hon. Dennis E. Ward 

In Memory of Hon. Frederick M. Marshall: 

Hon. Frederick J. Marshall 

In Memory of Mark Hirschorn and Hon. Henry 

Gossel: 

Hon. Daniel J. Furlong & Mary Jane Keyse 

In Memory of Bernadette Hoppe: 

Mark Worrell 

Mary Claire Worrell 

Penny Selmonsky 

In Memory of Hon. John J. Gruber (Father of J. 

Mark Gruber): 

Allan M. Lewis 

Anthony M. Nosek 

Coleman Volgenau 

Hon. J. Mark & Maura Gruber 

Hon. John M. Curran 

Jim & Mary Shea 

Joel L. Daniels 

Michael F. Perley 

Michael G. Cooper 

Patrick J. Brown 

Stephen R. Lamantia 

William E. Carey 

In Memory of Michael J. Giallanza and John J. 

Carney, III, Esq.: 

Hon. Mary G. Carney & Mark S. Carney 

In Memory of John J. & Melanie T. Olszewski: 

Hon. Margaret Olszewski Szczur 

In Memory of My Dear Friends, Dr. William 

Sutton & Mrs. Joan Sutton: 

David L. Edmunds, Jr. 

In Memory of Robert P. Freedman: 

Hon. Brenda M. Freedman 

In Memory of Hon. Edmund Maxwell and Patrick 

J. Maxwell, Sr.: 

Hon. Suzanne Maxwell Barnes 

In Memory of Hon. Frank R. Bayger: 

Hon. Timothy J. Drury 


In Memory of David Sweet (Father of Kathleen 

Sweet): 

Andrew B. Isenberg 

Audrey & Arthur Russ 

Coleman Volgenau & Diane F. Bosse 

David M. Braunstein 

Donna L. Burden 

Elisabeth Baker 

George R. Grasser 

Hon. Erin M. Peradotto 

Hon. Eugene M. Fahey 




Hurwitz & Fine, P.C. 

Jennifer Noah 

Kathie Bifaro 

Melinda L. Grabowski 


Mrs. Stephen E. Cavanaugh 

Paula & Terry Newcomb 

Philip Celniker 

Sally J. Broad 

Scott & Sharon Schwartz 

In Memory of Robert I. Gannon (Brother of 

Joseph T. Gannon): 


Kathleen A. Grome 

Larry P. Maher 


In Memory of Craig M. Cwick: 

Joseph J. Terranova 

In Memory of Lucian C. Parlato: 


Stephen R. Silverstein 

In Memory of Harold J. Boreanaz: 

Joseph M. LaTona 

In Memory of Gerald J. Greenan, Jr. (Father 

of Gerald J. Greenan, III, John W. Greenan, 

Margaret Greenan Bebak and Timothy Greenan): 


Phillip Brothman 

In Memory of Thomas Andruschat: 

Thomas Whissel 

In Memory of Gwen Kennedy (Mother of Rick 

Kennedy): 

Thomas C. Farley, Jr. 

In Memory of John Shanahan: 


In Memory of William A. Price: 

Hon. Eugene M. Fahey 

In Memory of Chris T. Brunea: 

Anthony M. Nosek 

Clifford Merkle 


Stephen R. Silverstein 

William E. Carey 

In Memory of William F. Keenan: 

Alan S. Carrel 

Anne C. Evans 


Stephen R. Lamantia 

Terence B. Newcomb 

Thomas Whissel 

Tom & Bonnie Sanderson 

In Memory of Thomas J. Hanifin, Jr.: 

Coleman Volgenau 

Hilary P. Bradford 

Philip Celniker 

In Memory of Richard T. Vallone, Jr.: 

Justin S. White 

In Memory of Paul G. Cleary: 


Joseph J. Terranova 

In Memory of Peter J. Fiorella, III (Son of Peter J. 

Fiorella, Jr.): 

Hon. Mary G. Carney & Mark S. Carney 


Jim & Mary Shea 

Phillip Brothman 

In Memory of Justice Joseph S. Forma: 



In Memory of Laurence Oppenheimer: 

Scott & Sharon Schwartz 

In Memory of Christ Gaetanos: 

Robert I. Jadd 

In Memory of Gerald J. “Jerry” Gorman (Father of 

Hon. Gerald P. Gorman): 

Phil & Joyce Celniker 

In Memory of Patrick Stafford: 


In Memory of Susan Trott (Mother of Emily 

Trott): 


In Memory of Ruth Baum: 

Tracey A. Kassman 

2019-2020 Annual Appeal and COVID-19 Campaign donations will be acknowledged in our Fall 2020 Bulletin issue.


Recognizing our 2019-2020 Continuing 

Legal Education Speakers 

The Erie Institute of Law extends sincere appreciation to the following CLE faculty members for 

sharing their time and talent with BAEC members. Without their dedication and commitment, it 

would not be possible for the Institute to offer such timely programming on such a diverse range of 

legal subjects. 

Stephanie A. Adams, Law Ofc of Stephanie Adams, PLLC 

Polishing Your SHIELD: Wow New Data Security Law Will Impact Almost Every Business with a Computer 1/24/2020 

Covid-19: What to Say When Your Client Asks About Force Majeure 4/6/2020 

Kenneth W. Africano, Harter Secrest & Emery, LLP 

Thorny Valuation Issues Created by the COVID-19 Shutdown 6/25/2020 

Joseph W. Allen, Office of the US Trustee 

Recent Amendments to the U.S. Bankruptcy Code and Other Updates 4/21/2020 

William P. Allen, Brisbane Consulting Group, LLC 


Edward L. Arcara, CPA, Edward L. Arcara CPA PC 

66th Tax Institute 11/7/2019 

James Quinn Auricchio 

Bail Reform, Lessons Learned, and the Newest Passage of Laws 5/6/2020 

Brian D. Barnas, Hurwitz & Fine, PC 

Child Victims Act: Litigation and Coverage Concerns 10/30/2019 

Charles Beinhauer, Pfalzgraf, Beinhauer & Menzies 

Life After Law School 2020: Basic Practice 101 (Day One) 4/17/2020 

Mark W. Bennett, Appellate Division 

A Guide to Filing at the Appellate Division Fourth Department 12/11/2019 

David W. Bentivegna, Prisoners’ Legal Services 

Beth Bialis 

An Introduction to Jail Time and Sentencing 9/18/2019 

Attorneys and Paralegals - Working Together Efficiently and Ethically 5/27/2020 

James P. Blenk, Lippes Mathias Wexler Friedman LLP 

City of Buffalo 2020 Property Tax Assessment Revaluation 11/15/2019 

Michael M. Blinkoff, Blinkoff & Blinkoff 

30th Annual Real Estate Conference 3/14/2020 

Gary Bluestein, Andreozzi Bluestein LLP 


Kristine L. Bly 


Gary D. Borek 


Anne K. Bowling, Rupp Baase Pfalzgraf Cunningham, LLC 

Environmental Law Seminar: Current Trends and Emerging Issues in Water Resources Law 9/20/2019 

Legal and Practical Issues Related to Re-Opening of Businesses 5/19/2020 

Alan J. Bozer, Phillips Lytle LLP 

Law Enforcement Accountability: Section 1983 and Excessive Force Claims 6/24/2020 

David G. Brock 

Small Firm Management: Budgeting, Advertising & Financial Practices in the Digital Workplace 11/13/2019 

Robert C. Brucato, Jr., Counsel Press 


Adapting to Remote Communication and Court Appearances 5/8/2020


2019-2020 Continuing Legal Education Speakers 

Craig R. Bucki, Phillips Lytle LLP 

U.S. Supreme Court Review and Preview 11/22/2019 

Kelley Buckley 

Life After Law School 2020: Basic Practice 101 (Day Two) 5/15/2020 

Gale R. Burstein, Erie County Department of Health 

The Medical and Legal Update on Opioid Treatment 10/17/2019 

Stephanie Calhoun, Buffalo Public Schools 

From Batson to Flowers: Where do we go with Jury Selection Today? 3/13/2020 

Ashlyn M. Capote, Goldberg Segalla LLP 

Life After Law School 2020: Basic Practice 101 2020 

Charles S. Carra 


Louis J. Cercone, Jr., Brisbane Consulting Group, LLC 


Craig Cirbus, Dopkins & Company LLP 


Howard B. Cohen, Gross Shuman P.C. 

Small Firm Management: Budgeting, Advertising & Financial Practices in the Digital Workplace 11/13/2019 

Hon. Emilio Colaiacovo, Supreme Court 


Lisa A. Coppola, The Coppola Firm 

Pandemic Planning in the Workplace 3/26/2020 

Adam Croglia 


Brooke Crouse, Buffalo Opioid Intervention Court 


Danielle N. D’Abate 

Adapting to Remote Communication and Court Appearances 5/8/2020 

Victoria L. D’Angelo, Barclay Damon LLP 

Case Law Update from Erie County Surrogate’s Court 1/23/2020 


Hot Practice Tips for Estate Planning Under Covid-19 4/29/2020 

Katherine L. Dibble, ECBA Volunteer Lawyers Project, Inc. 

Housing Stability and Tenant Protection Act of 2019: What Your Clients Need to Know 9/10/2019 

30th Annual Real Estate Conference 3/14/2020



Richard F. DiGiacomo, Nesper, Ferber, DiGiacomo, Johnson & Grimm 



Thomas Diina, Jail Management Division, Erie County Sheriff ’s Office 


Vincent E. Doyle, III, Connors LLP 

WNYTLA Winter CLE – Ethics & Civility 2/7/2020 


Drew R. DuBrin, Monroe County Public Defender’s Office 

Delivering Persuasive Oral Argument 10/4/2019 

Spencer L. Durland, Hodgson Russ LLP 


Hon. Susan Eagan, Erie County Court Judge 


John V. Elmore, Law Office of John V. Elmore 


Connor P. Entenmann, The Coppola Firm 

Small Business Administration Loans 3/12/2020 

Erin K. Ewell, Connors LLP 


Keeping Up With The Overlap Between The FFCRA & NYS Employment Laws Related To COVID-19 4/22/2020 

Hon. Eugene M. Fahey, Court of Appeals 


Sophie Feal, Legal Aid Bureau of Buffalo 


John J. Fenz, Erie County Clerk’s Ofc 


Hon. Paula L. Feroleto, Administrative Judge, 8th District 


Helen Ferraro-Zaffram, Center for Elder Law & Justice 

Recent Changes to the Social Security POMS 10/25/2019 

Patrick T. Fitzgerald, Phillips Lytle LLP 


Jennifer G. Flannery, Barclay Damon LLP 


David P. Flynn, Phillips Lytle LLP 


John J. Flynn, Jr., District Attorney’s Office 


Melissa Ann Foti, Kenney Shelton Liptak Nowak LLP 


Elizabeth Fox-Solomon, U.S. EEOC 

EEOC Updates and COVID-19 Information (Labor Law Series Part One) 6/24/2020 

Patricia L. Fulwiler, The Coppola Firm 

Pet Trust Primer: What to do When Clifford Outlives His Owner 11/20/2019 

Colleen Curtin Gable, District Attorney’s Office 


Peter Galie 

U.S. Supreme Court Review and Preview 11/22/2019



Ryan L. Gellman, Colucci & Gallaher, P.C. 


Katherine A. Gillette, Erie County Water Authority 


Brian D. Ginsberg, Office of the NYS Attorney General 


Joshua Glasgow, Phillips Lytle LLP 


Gretchen Gonzalez, ECBA Volunteer Lawyers Project 


Jonathan G. Gorman, ADR Program 


Krista Gottlieb, ADR Center & Law Office 

Virtual Mediations: An Introduction for Advocates and Neutrals 4/23/2020 

Garry M. Graber, Hodgson Russ LLP 

Recent Amendments to the U.S. Bankruptcy Code and Other Updates 4/21/2020 

Timothy J. Graber, Gibson, McAskill & Crosby 


Leslie Mark Greenbaum, Gross Shuman P.C. 


Daniel P. Greene, Beckage PLLC 



Herbert L. Greenman, Lipsitz Green Scime Cambria LLP 



Kenneth A. Grossberg, Phillips Lytle LLP 



Brian D. Gwitt, Woods Oviatt Gilman LLP 

2019 Update on New York State Civil Practice and Procedure 9/12/2019 


Richard Halinda 

The Canadian Cottage Update 1/15/2020 

Cheryl Hall, UB School of Management 


Hon. Craig D. Hannah, Buffalo City Court Judge 


Lindsey E. Haubenreich, Phillips Lytle LLP 


Carol E. Heckman, Lippes Mathias Wexler Friedman LLP 

What WNY Lawyers Need to Know About American Indian Law 10/9/2019 

Virtual Hearings: A Sea Change for Lawyers, Judges and Arbitrators 06/9/2020 

Hon. Shannon M. Heneghan, Buffalo City Court 


Michael J. Herberger 


Michael E. Hickey, Bond, Schoeneck & King PLLC 

Labor and Employment Issues in the Time of COVID-19 3/25/2020



Henry Hildebrand, Esq., Chapter 13 Trustee, Nashville, TN 

Continuing Your Bankruptcy Practice During COVID-19 5/10/2020 

Elizabeth A. Holmes, Barclay Damon LLP 


Timothy W. Hoover, Hodgson Russ LLP 


Aimee T. Hopkins, Center for Resolution & Justice 

Recognizing Mental Illness & Dementia 7/17/2019 

Presumptive ADR Roll Out 11/18/2019 

Steve Ingraham, Internal Revenue Service 

66 th Tax Institute 11/7/2019 

Robert P. Ingrasci 


Cheryl Jankowski, CPA, Lumsden & McCormick, LLP 


Neal A. Johnson 

The Medicare Appeals Process 1/10/2020 

Hon. Barbara R. Johnson-Lee, Buffalo City Court 


Gary M. Kanaley, Duke Holzman Photiadis & Gresens LLP 


Jessica Keltz, Law Ofc of Stephanie Adams 

Covid-19: Small Business Administration Loans: A post-CARES Act Explainer 4/7/2020 

Daniel M. Killelea 


Mark S. Klein, Hodgson Russ LLP 


Hon. Richard C. Kloch, Sr., Supreme Court 


Robert E. Knoer, The Knoer Group, PLLC 


Charles M. Kruly, US Attorney’s Office 


Erin A. Kulesus, Legal Aid Bureau of Buffalo 


Rebecca Diina LaCivita, Erie County Surrogate’s Court 


Julie Loesch, Child and Family Services 


Bradley Loliger, Center for Elder Law & Justice 

Recognizing Mental Illness & Dementia 7/17/2019 

Hon. Sharon M. LoVallo, Erie County Family Court Judge 


Ashley R. Lowry, District Attorney’s Office 



Marianne Mariano, Federal Public Defender’s Office 


Kelly E. Marks, Phillips Lytle LLP 

66 th Tax Institute 11/7/2019



Douglas W. Marky 


Daniel J. Marren, Supreme Court 


Katie L. Kestel Martin, Pusatier, Sherman, Abbott & Sugarman 



Thomas E. Mazurek, Tronconi, Segarra & Associates, LLP 


Mara McCabe, District Attorney’s Office 


Anastasia M. McCarthy, Hurwitz & Fine, PC 

Child Victims Act: Litigation and Coverage Concerns 10/30/2019 

Anna S.M. McCarthy, Harter Secrest & Emery, LLP 


Hon. Jeremiah J. McCarthy, U.S. Magistrate Judge 


Mollie C. McGorry, Connors LLP 


Lindsay M. McKenna, Hodgson Russ LLP 


Mark R. McNamara, Barclay Damon LLP 


Elizabeth M. Midgley, Stillwell Midgley PLLC 


David C. Mineo 

30 th Annual Real Estate Conference 3/14/2020 

Stacey L. Moar, M&T Bank 


Jeffrey M. Monaco, Phillips Lytle LLP 

Small Business Administration Loans 3/12/2020 

Hon. Mark A. Montour, Supreme Court Justice 

What WNY Lawyers Need to Know About American Indian Law 10/9/2019 

Hon. Acea M. Mosey, Surrogate’s Court 

Digital Wills and Digital Assets 2/14/2020 

Timothy P. Murphy, Federal Public Defender’s Ofc 



Katelyn E. Niedermier, Neighborhood Legal Services 


Bridget M. O’Connell, ADR Coordinator 



Hon. E. Jeannette Ogden, Supreme Court Justice 


Andrew D. Oppenheimer, Hodgson Russ LLP 


Diana Padilla 

The Medical and Legal Update on Opioid Treatment 10/17/2019



Victor Paladino, NYS Office the Attorney General 


Michelle Parker, Erie County Attorney’s Office 



Elizabeth Pascal, Hodgson Russ LLP 


Robert W. Patterson, Bond, Schoeneck & King PLLC 


Anthony S. Pecoraro 


Steven E. Peiper, Hurwitz & Fine, PC 

Covid Interruption Insurance 2020 - What’s In, What’s Out, What’s Coming 5/7/2020 

Brittanylee Penberthy, VanDette Penberthy LLP 



Michael F. Perley, Hurwitz & Fine, PC 

Ethical Considerations in the Age of Covid-19 5/7/2020 

Carrie A. Phillips, Legal Aid Bureau of Buffalo 


Margaret L. Phillips, Daemen College 


Jacob A. Piorkowski, The Tarantino Law Firm, LLP 


Roderick Quebral 


Ethical Considerations in the Age of Covid-19 5/7/2020 

Raymond P. Reichert, Bond, Schoeneck & King PLLC 


Bruce D. Reinoso, Woods Oviatt Gilman LLP 

Recent Changes to the Social Security POMS 10/25/2019 

Steven J. Ricca, Bond, Schoeneck & King PLLC 


Denetra D. Roberts, Attorney General’s Ofc 


Nicholas A. Romano, Connors LLP 


Peter Ross, Hodgson Russ LLP 

2020 Annual Enrichment Seminar 1/23/2020 

Anthony Michael Rossi, The Rossi Law Firm 

DWI 2019 Update – New Legislation, Discovery, and Case Updates 9/26/2019 

Michael Anthony Rossi, The Rossi Law Firm 


Nicholas Michael Rossi, The Rossi Law Firm 


Martha L. Salzman, SUNY Buffalo School of Management 


Andrea L. Sammarco, The Sammarco Law Firm, LLP 


Steven Sanders 

66 th Tax Institute 11/7/2019



Kelly Barrett Sarama, Center for Elder Law & Justice 

The Medicare Appeals Process 1/10/2020 

Emma M. Savino, Hodgson Russ LLP 


William F. Savino, Woods Oviatt Gilman LLP 



Jennifer R. Scharf, The Coppola Firm 


Hon. H. Kevin Schroeder, Jr., U.S. Magistrate Judge, WDNY 


G. Michael Seaman, Phillips Lytle LLP 


Maura C. Seibold, Bennett, DiFilippo & Kurtzhalts, LLP 


Stuart B. Shapiro 


Joseph A. Shifflett, Surrogate’s Court 

Case Law Update from Erie County Surrogate’s Court 1/23/2020 

Hon. Mary L. Slisz, Supreme Court Justice 


Jeff Smith, Buffalo Opioid Intervention Court 


Douglas P. Sosnowski, Brisbane Consulting Group, LLC 


Glenn J. Speller, Dennis J. Speller, P.C. 


Amber E. Storr, Hurwitz & Fine, PC 

What You Need to Know About EDDS 5/8/2020 

Steven R. Sugarman, Pusatier, Sherman, Abbott & Sugarman 


Michael J. Tedesco, Andreozzi Bluestein LLP 


Nicholas Texido, Assigned Counsel Program 


Bernard Tolbert, National Federation for Just Communities of WNY, Inc. 


Erin Torcello, Bond Schoeneck & King, PLLC 


Stephen C. Townsend, Law Office of Stephen C. Townsend 


Hon. Shirley Troutman, Appellate Division 


Robert G. Trusiak, Trusiak Law 


Michael Van Remmen, Freed Maxick CPA’s 


Paul A. Vance, Vance Law Firm 

Matrimonial and Family Law in the Age of Covid-19 4/2/2020 

Hon. Lawrence J. Vilardo, US District Court 

WNYTLA Winter CLE – Ethics & Civility 2/7/2020



Kevin D. Walsh, Osborn, Reed & Burke, LLP 


Laurie Walsh, Daemen College 


Peter Allan Weinmann, Wolfgang & Weinmann 


Peter H. Wiltenburg, Hodgson Russ LLP 


Hon. Kathleen Wojtasez-Gariano, Niagara County Family Court 


Matthew D. Yusick, US District Court 


Billie Jo Zakia 


Jeffrey Zawada, Freed Maxick 


Erica M. Zeis, Vance Law Firm 

Matrimonial and Family Law in the Age of Covid-19 4/2/2020 

Bruce M. Zgoda 


Mindy L. Zoghlin, Bansbach Zoghlin P.C. 

2020 Annual Enrichment Seminar 1/23/2020 

Nick Zoyhofski 


FINANCIAL STRATEGIES FOR YOU, YOUR FIRM, AND YOUR CLIENTS 

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ARBITRATE OR MEDIATE YOUR CASE 

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having over 30 years of experience 

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injury claims, I have lectured on 

behalf of the Bar Association of Erie 

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have given in-house presentations on 

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Update From Lawyers for Learning 


The Lawyers for Learning Board would like to extend a heartfelt THANK YOU to all the tutors who dedicated their time 

to the students of P.S. 18 this school year. Your gift of time truly makes a difference. 

Mary Aldridge 

Michele Brown 

Christopher Kerr 

David Nelson 

Matthew Duggan 

Benjamin Dwyer 

Gail Mitchell 

Henry Gartner 

Heather Anderson 

Helen Graf 

Hilary Banker 

Aimee Hopkins 

Janet Curry 

John Milane 

Julia Purdy 

Katherine O’Hara 

Leanna Pilarski 

Mariya Lokshina 

Mary Thomas Scott 

Morgan Flitt 

Sarah Duval 

Seth Seegert 

Steven Munoz 

Hon. Susan Eagan 

Taylor Schubauer 

Amanda Somma 

Caroline McDonough 

Kathryn Horn 

Laura Doolittle 

Rhonda DiPronio 

Rebecca Gioia 

Robert Schreck 

Tracey Casseus 

Jill Trembath 

Katherine Wood 

VOLUNTEER TO TUTOR A STUDENT! 

As we continue to navigate these strange times, we know one 

thing; students will need help with learning next year more than 

ever. There is a real need for tutor volunteers. While we don’t 

know yet what tutoring will look like next year, we know that 

we will be there for our P.S. 18 students in whatever capacity we 

can. Lawyers for Learning is currently working with the school 

on the option of remote tutoring, as well as addressing any health 

and safety concerns for in person tutoring. If you think you can 

commit to tutoring a student for one hour a week, in some form, 

please submit an application. We will work with tutors, students, and the school to address any questions and concerns and 

facilitate keeping this important program in place. 

Lawyers for Learning is designed to assist our community’s young people in improving their academic performance, 

self-esteem, and self-confidence, primarily through one-on-one tutoring. Tutoring is open to all members of the Erie 

County legal community, including judges, attorneys, legal secretaries, paralegals, law students, and retirees. Tutoring is 

a one-hour-per-week commitment. You may also sign up to tutor with other colleagues if you want to share the weekly 

commitment. Sessions can be held any day Monday-Friday 8:00-9:00 a.m., Monday-Thursday 4:00-5:00 p.m., or Monday- 

Thursday 4:30-5:30 p.m. Tutoring begins in mid-October and takes place at Buffalo School #18, 750 West Avenue in 

Buffalo. If you would like to volunteer to tutor a child, please visit www.lawyersforlearning.org to submit your application. 

For more information or questions, please contact the Lawyers for Learning tutoring coordinator, Sarah Duval, at sduval@ 

elderjusticeny.org or 716-853-3087 x.225. 

COLLEAGUES 

CONNECTING 

Here help solve problems lawyers may 

be facing while isolating from coworkers, 

family, neighbors and others upon whom 

they may typically rely for support in their 

day to day lives. 

CLICK TO LEARN MORE


Ethics Opinion 1192 

By the New York State Bar Association Committee on Professional Ethics (06/09/2020) 

TOPIC: Retention and disposition of lawyer’s closed files 

DIGEST: With certain important exceptions, a lawyer has no ethical duty to retain closed client files (or other documents held by the 

lawyer owned by third parties) for an indefinite period when neither the client nor the third party requests their return. The exceptions 

are original documents of intrinsic value such as wills, deeds, or negotiable instruments, as well as documents that the lawyer knows or 

should know that the client or third party may need in the future. Apart from these documents, a lawyer has an ethical duty to retain 

for seven years certain books and records concerning an attorney-client relationship, and any documents otherwise required by law to 

maintain. 

RULES: 1.9, 1.10, 1.15 

FACTS 

1. The inquirer is a New York attorney who acquired a partnership interest in a law firm some years ago. Upon the inquirer’s arrival, the 

firm was, we are told, in a state of disarray in both its financial and administrative affairs. The prospect of the firm’s insolvency looms. 

Of particular concern to the inquirer in the context of a possible dissolution are the files of thousands of clients and former clients 

of the firm. The inquirer says that most of these files are stale and without connection to any ongoing client of the firm. The costs of 

disposal of the files,by whatever means, would be substantial. 

QUESTION 

2.What are a lawyer’s obligations in dealing with closed client files? 

CLICK TO READ OPINION 

(Redirects to NYSBA website) 

If button does not work, copy and paste this link in your web browser address bar: https://nysba.org/ethics-opinion-1192 

STEVEN R. SUGARMAN, ATTORNEY AND MEDIATOR 

PUSATIER, SHERMAN, ABBOTT & SUGARMAN, LLP 

• MEDIATOR FOR OVER 20 YEARS-THOUSANDS 

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(716) 873-6765 

MATRIMONIAL• EMPLOYMENT• BUSINESS • ORGANIZATIONAL• ELDER ISSUES



LIFE MEMBERS 

Mark A. Adrian, Carol J. Alaimo, James Quinn Auricchio, Brian D. Baird, Patrick J. Bannister, Lynn A. 

Clarke, Maria L. Diakos, Eric P. Doherty, Jennifer L. Friedman, Sharon Stern Gerstman, Jean E. Gittler, 

Susan J. Grelick, Melvyn L. Hurwitz, Michael Kuzma, Stanley Kwieciak, III, Michael P. McClain, J. 

Eldon Owens, James D. Schultz, Jr., Michael A. Smith, Jeffrey A. Spencer, Joseph Greco Trapp, James M. 

Wadsworth 


CONTRIBUTING MEMBERS 

Joan Casilio Adams, Donald A. Alessi, Grace Marie Ange, Richard J. Attea, 

Hon. Tracey A. Bannister, Stephen E. Barnes, Thomas R. Beecher, Jr., 

Ronald P. Bennett, Leonard Berkowitz, Richard S. Binko, Peter J. Brevorka, 

Timothy P. Bridge, Phillip Brothman, David Buch, Donna L. Burden, 

James P. Burgio, Michael C. Burwick, Shawn W. Carey, John J. Carney, 

Alan S. Carrel, John F. Collins, William B. Collins, Robert N. Convissar, 

Edward C. Cosgrove, Steven P. Curvin, Roger T. Davison, Regina A. Del 

Vecchio, John M. Dempsey, Richard F. DiGiacomo, Anne C. DiMatteo, 

Dean M. Drew, Timothy J. Drury, Leo J. Fallon, Victor N. Farley, Gabriel 

J. Ferber, Michael E. Ferdman, Robert P. Fine, Cheryl Smith Fisher, Brian 

P. Fitzgerald, Lawrence C. Franco, Bernard B. Freedman, Hon. Brenda M. 

Freedman, Jeffrey M. Freedman, Maryann Saccomando Freedman, 

Jerry A. Gambino, Lynn D. Gates, Eugene M. Gaughan, Stuart A. 

Gellman, Jerome C. Gorski, John C. Grennell, Richard F. Griffin, Mark W. 

Hamberger, James P. Harrington, Mary Louise Hayden, William R. Hites, 

Susan S. Hogan, Edwin P. Hunter, Norman E. Joslin, Tracey A. Kassman, 

Judith D. Katzenelson, Christopher C. Kerr, Dan D. Kohane, Anthony S. 

Kowalski, Thomas E. Krug, Stephen R. Lamantia, Richard J. Lehner, John 

N. Lipsitz, James L. Magavern, Mark J. Mahoney, Giles P. Manias, Mary 

Dee Martoche, Salvatore R. Martoche, Norman J. Mattar, Hon. Jeremiah 

J. McCarthy, Maureen A. McCready, Thomas I. McElvein, Jr., Raymond 

T. Miles, III, Joseph D. Mintz, Albert J. Mogavero, Paul T. Nesper, Paula 

M. Eade Newcomb, Anthony M. Nosek, James J. O’Brien, Hon. John F. 

O’Donnell, Timothy M. O’Mara, Ibrahim Omerhodzic, 

Carl P. Paladino, Anthony D. Parone, James A. Partacz, Robert E. Pearman, 

Hon. Erin M. Peradotto, Robert H. Perk, Jeffrey A. Perla, Michael F. 

Perley, Arcangelo J. Petricca, Theodore J. Pyrak, James P. Renda, Jay N. 

Rosenthal, Richard P. Rosso, Arthur A. Russ, Jr., Thomas Santa Lucia, 

Scott M. Schwartz, Richard B. Scott, Richard J. Sherwood, David A. Siegel, 

Robert G. Sillars, Richard Charles Slisz, Robert B. Sommerstein, Charles 

S. Spinner, Gregory Stamm, Kathleen M. Sweet, George J. Trimper, Jr., 

Thomas V. Troy, Frederick D. Turner, Dimitri J. Tzetzo, Matthew X. 

Wagner, Jr., Oliver C. Young 

Casemaker includes 

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all 50 states as well as 

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As a member, you have 

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Not a BAEC member? 

Visit eriebar.org to join 

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utilize Casemake today!



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MAILING ADDRESS: 

P.O. BOX 222 NIAGARA FALLS, NY 14302 

Become a Contributing 

Member! 

The BAEC bylaws confer “contributing member” status 

on any member who resides or maintains an office in 

Erie County and elects to pay an additional $50 in annual 

dues to help support Association programs. Contributing 

members have the same rights and privileges as regular 

members and “such additional rights and privileges as 

the board of directors shall bestow”, including special 

recognition in the Bulletin, annual dinner program, and 

other publications.


Bulletin 

SUMMER 

2020 

Volume 60 

No. 1 


NEW MEMBERS 

The Bar Association of Erie County is pleased to welcome the following new members: 

Bridget Daley 

Sara DiBernardo 

Amine Hafayedh 

Melissa J. Horvatits 

Elizabeth S. Kent 

Ryan P. Maxwell 

Andrew W. Meier 

Christopher J. Phillips 

It’s great to belong to something this good! 

Breanna Reilly 

Alison E. Romanowski 

Brian D. Sarama 

Rachael Sparacino 

Kristen R. Spulecki 

Patrick Stafford 

Octavio Villegas 

Peter Wiltenburg 

The Bar Association of Erie County is currently 

accepting new members 

Become a member today! 

Benefits of being a member include: 

• Networking and connection opportunities with your colleagues in the 

legal community 

• Discounted rates for CLE 

• Leadership development opportunities on committees 

• Invitation to special events 

• Unlimited access to Casemaker 

• Access to healthcare and other valuable benefits 

• Public service opportunities 

Learn more at eriebar.org


Advertisment 

Index 

The BAEC is incredibly grateful to our advertisers. Their support helps us serve our members better. Below is an 

an index of the organizers who have an ad in this issue. We encourage you to learn more about them and how 

they help the legal community and general public. 

Advertiser 

Black Oak Group 

Brian P. Brady, Architect 

Charles J. Sellers & Co, Inc. 

Hagelin Spencer, LLC 

Jeffrey Freedman Attorneys 

Krista Gottlieb 

Law Office of Michael Menard 

Paramount Settlement Planning 

Pusatier, Shermon, Abbott & Sugarman LLP 

Richard Griffin, Esq. 

Smith Murphy and Schoepperle 

Southtowns Trophy & Acrylics 

William Mattar, PC 

Page 

30 

23 

9 

20 

11 

18 

30 

13 

32 

16 

20 

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BAEC Summer 2020 Bulletin

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