BAEC Fall 2020 Bulletin

Bar Association of Erie County 

Bulletin 

FALL 2020 | Volume 60 | No. 2 

Board of Directors Calls on Members 

to Meet Equity Challenges of 

COVID-19 

On August 25, 2020, the Board of Directors passed a Resolution 

calling on its members to recognize and educate others about 

the disparate impact of COVID 19 on women and attorneys 

of color. The Resolution calls for specific action, including the 

implementation of a community-wide Pledge. 

The resolution reads as follows: 

Whereas, COVID-19 has a demonstrably disparate impact on women 

lawyers, lawyers of color, and law students of color; 

Whereas, the BAEC believes that a diversified bar in all aspects of our 

profession is a stronger bar now and in the future; 

Whereas, diversifying the practicing bar in Erie County is a core value of the 

BAEC and central to fulfilling our mission; 

Whereas, the BAEC believes that raising awareness of the disparate impact 

of COVID-19 on women lawyers, lawyers of color and law students of color 

will help mitigate actions that adversely affect these affected groups; 

Therefore, it is hereby resolved: 

The BAEC encourages all of its members to recognize and educate others about the disparate impact of 

COVID-19 on women lawyers, lawyers of color and law students of color. 

The BAEC supports scheduling the NYS Bar Exam to accommodate non-first-time takers. 

The BAEC supports flexibility and civility in scheduling matters with opposing counsel and employees 

during this pandemic. 

The BAEC encourages firms and employers to remain committed to diversity in hiring and promotions 

during COVID-19, including partnerships and internships and to take a pledge to do so and promote 

that pledge, Challenge Disparity, Build Diversity.; 

The BAEC shall hire a Say Yes Intern. 

OLIVER YOUNG 

ELIZABETH KRAENGEL 

The BAEC shall create and support a giving circle philanthropy program that will be dedicated to 

providing funds to support the advancement of women lawyers, lawyers of color, and law students of 

color in the law. 

The Board passed this Resolution upon the recommendation of the BAEC’s Task Force 

on Adapting to Practicing During the Pandemic, a newly formed task force that is 

addressing practicing during the pandemic, chaired by Elizabeth Kraengel. 

TAKE THE 

PLEDGE 

I pledge to… 

• Actively identify and 

address issues of disparity 

involving women attorneys 

and attorneys of color in my 

spheres of influence. 

• Design and participate 

in initiatives within my 

law firm or other place of 

employment that address 

issues of disparity against 

women attorneys and 

attorneys of color. 

• Participate in the Western 

New York legal community’s 

efforts to address issues 

of disparity and increase 

diversity and inclusion. 

• Support my colleagues, 

financially or otherwise, in 

their efforts to implement 

the Pledge. 

CLICK TO 

SIGN PLEDGE 

President Oliver Young stated that “the Resolution represents an actionable plan” and 

“encourages all firms and workplaces to publish the resolution and embrace the Pledge.” 

Story continues on Page 6

2 | Fall 2020 | BAEC Bulletin 

Bar Association of Erie County Bulletin 

Table of 

Contents 

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Page 24 - 28 

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Board of Directors Calls on Members to Meet Equity Challenges of COVID-19 

Calendar of Live CLE Programs 

BAEC Sponsors 

Letter from the President 

A Letter to the WNY legal community: Challenge Disparity, Build Diversity 

Take the Pledge! 

A Message from Foundation President, David Pfalzgraf, Jr. 

NYS Judges of Color Statement 

Bench & Bar In The News 

Mary Moorman Penn Appointed as New Chair of Lawyers Helping Lawyers 

In the Public Service: Neighborhood Legal Services 

Nominations Sought for Bar Association Leaders 

The Latest in Cyberlaw: Use of Photos Online 

Death & Taxes 

In Memoriam 

Contributions to the Erie County Bar Foundation 

Dispute Resolution Program Offers Virtual Services During Pandemic 

2019 Foundation Campaign Donors 

Bequest to the Bar Foundation is a Continuation of a Lifetime Career 

Committees of the Bar Association 

BAEC Life Members and Contributing Members 

Classifieds 

Western District Case Notes 

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 

Board of Directors 

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 | Fall 2020 | 3 

LIVE CLE 

PROGRAM 

CALENDAR 

Due to the current health crisis, all Erie Institute of Law CLE 

programs will be held remotely using web conferencing 

technology. Access details will be sent to CLE registrants 

after registering. 

Please note that some program details not final as of publication time. For 

additional program details and to register, visit our web site at www. 

eriebar.org/CLE. 

2020 Update on NYS Civil Practice and Procedure 

Sponsored by Counsel Press 

September 30, 2020 • 9:00am – 12:00pm 

3.0 CLE credits: Areas of Professional Practice (appropriate for all 

attorneys) 

$75 BAEC members, $110 non-members 

Legal Issues Affecting Breast Cancer Patients 

Co-sponsored by the Erie Institute of Law, Judges & Lawyers Breast Cancer 

Alert, & WBASNY WNY 

October 7, 2020 • 12:00 – 1:30pm 

1.5 CLE credits: Areas of Professional Practice (appropriate for all 

attorneys) 

$35 BAEC/WBASNY/JALBCA members, $40 non-members 

Hope is Not a Strategy: How to Scale Your Law Practice 

During a Pandemic 


1.0 CLE credit: Law Practice Management (appropriate for all 

attorneys) 


Child Victims Act: First Year Update 

October 9, 2020 • 10:00am – 12:00pm 

2.0 CLE credits: 1.0 Areas of Professional Practice, 1.0 Skills 

(appropriate for all attorneys) 


Civility & Professionalism in the Electronic Era 

Co-sponsored by the Erie Institute of Law and the Desmond Law Society of 

Canisius College 


1.5 CLE credits: Ethics (appropriate for all attorneys) 

*Not final as of press time. Watch web site for updated 

information. 

How to Distinguish Yourself as an Exceptional Legal 

Professional at the Outset of Your Career 

October 15, 2020 • 9:00 – 11:00am 

2.0 CLE credits: 1.0 Law Practice Management, 1.0 Skills 

(appropriate for all attorneys) 

*Not final as of press time. Watch web site for updated information. 

Discovery in Criminal Cases in 2020 and Beyond 

Presented by the Criminal Law Committee 


1.0 CLE credit: 1.0 Skills (appropriate for all attorneys) 


FDA Law for the Business Attorney 

October 21, 2020 • 12:00 - 1:00pm 

1.0 CLE credit: Areas of Professional Practice (appropriate for all 

attorneys) 


Surrogate’s Court Guardian Ad Litem Training 

Presented by the Surrogate’s Court Committee 

October 28, 2020 • 8:30 a.m. – 2:00pm 

5.5 CLE credits: 2.0 Areas of Professional Practice, 1.0 Diversity, 

Inclusion and Elimination of Bias, 0.5 Ethics, 2.0 Skills (5.5 credits 

appropriate for experienced attorneys, 4.5 credits appropriate for newly 

admitted attorneys. Diversity, Inclusion and Elimination of Bias credit not 

approved for newly admitted attorneys.) 


ON-DEMAND OPTIONS AVAILABLE: VIEW ANYWHERE, ANY TIME! 

The Erie Institute of Law offers accessible and convenient OnDemand options. 

Visit www.eriebar.org/CLE to see our full catalogue. 

Questions? Contact Celeste Walsh at cwalsh@eriebar.org or by telephone at 

716.852.8687.



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 

The essence of the BAEC is our committee structure, providing 

substance and substantial value to our members. Without question, 

our Committee Chairpersons are the true leaders of the Association. 

So again, I recognize and acknowledge these individuals, who have 

throughout the pause caused by the COVID-19 pandemic continued 

to conduct committee meetings and to do the important work of the 

Association. Meeting with the Association leadership twice per week 

at the height of the pandemic and now bi-weekly, the chairpersons have 

freely given up their time to receive information about the state of court 

operations, which information is passed on to their committee members. 

Their dedication to the Association’s mission is praise-worthy and very 

much appreciated. I urge you, while adhering to CDC social distancing 

guidelines, to hug virtually a committee chairperson. 

Black Lives Matter: a brief primer 

While the Black Lives Matter movement started long before the death 

of George Floyd, the concept has taken on added significance since his 

demise. The movement actually commenced on July 13, 2013 by three 

African-American women in reaction to the acquittal in a Florida court 

of the individual who killed Trayvon Martin. Expressing the threeword 

phrase sometimes produces an unreasonable visceral response on 

the part of some less tolerant individuals in our society. Case in point 

is the recent incident in the Town of West Seneca where a police officer 

appeared to have taken exception to a BLM sign being displayed in the 

window of a Planned Parenthood facility. 

The more frequent response, even from well-meaning folks, to the BLM 

phrase is that “All Lives Matter.” However, the “all lives matter” retort 

completely misses the point of the Black Lives Matter movement. First 

of all, BLM and ALM are not mutually exclusive concepts. Secondly, 

the value of white lives in this country has never been in question. The 

value of black lives, on the other hand, has been in question since before 

the founding of this republic when the first West Africans were brought 

here and sold into slavery. Black lives did not matter throughout the 

period of slavery, the post-Civil War period, the Jim Crow era and the 

Civil Rights struggle. Until the passing of the Thirteenth Amendment, 

a black life was three-fifth of a white life. The U.S. Supreme Court 

even weighed in on the value of black lives with its decisions in Dred 

Scott v. Sanford (1857) and Plessy v. Ferguson (1896). Today, when 

unarmed black people appear to be killed disproportionately by law 

enforcement, we again must ask the question: Do black lives matter? 

The mistreatment of many black people by some in law enforcement 

leads to the perception that all lives do not matter in this society. 

To say that black lives matter does not explicitly or implicitly suggest 

that white lives do not matter. Rather, the BLM concept in its 

abstraction contemplates a recognition of the essence of black people in 

an absolute sense, and not relative to any other members of society. This 

is what the Rev. Dr. Martin Luther King, Jr. meant when he stressed 

that people should be judged not by the color of their skin, but by the 

content of their character. I posit that we will approximate true racial 

equality when our stated belief in equality evolves into observable equal 

treatment and everyone, even those who previously responded negatively 

to the BLM phrase, can say with conviction that Black Lives Matter. 

Simply put, all lives will truly matter when black lives matter. 

A Conversation about the Pandemic 

A special task force of the Association, called Resuming Operations: 

Adapting to Practicing 

in a Pandemic, held an 

engaging “conversation” 

on July 29, 2020. The 

program, entitled Adapting 

to Practice During the 

Pandemic: A Conversation 

with the Bench and Bar 

Oliver C. Young 

re Conducting Remote 

Proceedings, had a 

panel of judges and lawyers discussing such topics as remote court 

proceedings, examining witnesses and handling exhibits at remote 

arbitration proceedings, courtroom technology and remote advocacy in 

mental hygiene proceedings. Over 200 lawyers were in attendance. A 

special thank you goes to the moderators of the program: the Hon. 

Donna M. Siwek and Elizabeth Kraengel, Esq., BAEC director and 

chairperson of the task force. More programs in the conversation series 

are forthcoming. 

Section 1983 Actions 

On June 24, 2020, the Human Rights Committee held a CLE seminar 

entitled “Law Enforcement Accountable: Section 1983 and Excessive 

Force Claims.” The seminar was prompted by the tragic death of 

George Floyd. I thank the Human Rights Committee, chaired by 

Sharon Nosenchuck, Esq., for putting on this event. Special thanks 

goes to Alan J. Bozer and his team at Phillips Lytle LLP ( Joshua P. 

Glasgow and G. Michael Seaman), who put together the seminar in very 

short order. I also wish to thank the panelists who participated in this 

endeavor: Hon. E. Jeannette Odgen, Charles S. Carra, John V. Elmore, 

Jennifer Persico and Bernard A. Tolbert. If you practice, or wish to 

practice, in this area, I commend the program to you. It can be found on 

the BAEC website in the archive section. 

The Pandemic 

The BAEC is pleased to work with the 8th Judicial District as we move 

towards the “new normal” in court operations. We sincerely appreciate 

the hard work of the judges and the court staff since March 2020 

and the dedication they have shown throughout the pandemic. For 

continual updates on court operations and procedures, please visit the 

COVID-19 page of the BAEC website. 

The NCBP Annual Meeting 

I recently attended the 2020 annual meeting of the National Conference 

of Bar Presidents, virtually of course. The three-day conference, held 

August 25th through August 28th, afforded me the opportunity to meet 

and converse with other bar leaders from across the country. While 

COVID-19 and its effect on the practice of law predominated much of 

the discourse, we did discuss other important issues, such as standing 

up for an independent judiciary, providing assistance to underserved 

populations, lawyers serving as poll watchers to ensure free and fair 

elections, racial fairness and equity, bar associations being socially 

involved in the community at-large, and embracing technological 

innovations in the law offices and in the courts. If it is any consolation 

to you, lawyers elsewhere are encountering the same difficulties we are 

facing here. 

In closing, here’s wishing you an enjoyable Fall and continued good 

health.


Dear Members of the Western New York Legal Community: 

We are now into the sixth month of the COVID-19 era, and the future remains uncertain. Over the past few 

months, we have been impressed with the local courts’ and bar’s ability to shift to remote work and virtual 

meetings and hearings. However, as the courts expand operations and the economy slowly reopens, we want 

to remind everyone that COVID-19 closures and health risks continue to affect lawyers, clients, and witnesses 

and that these effects have fallen disproportionately on women and people of color. 

The pandemic and resulting economic downturn have exposed and exacerbated the inequities that women and 

people of color experience on a daily basis. In early summer, the Western New York Women’s Foundation 

documented COVID-19’s effect on working women. The documented effects will continue into the fall. 

Most schools are reopening either virtually or on a hybrid schedule, and there is limited availability of lowcost 

childcare. While we recognize that all working parents will need flexible working arrangements, as 

shown in the Western New York Women’s Foundation study, the COVID-19 pandemic has disparately 

impacted working women. In other words, women need the profession as a whole to recognize that they are 

performing the challenging task of doing two jobs at once. 

Minority Bar Association of WNY 

In addition, limitations on in-person attendance at the New York State Bar Exam are disproportionately 

affecting bar takers of color. This compounds a pre-existing problem: due to the expense of bar exam study and preparation materials 

(and technology such as an up to date computer), many students of color do not have equitable access to these study aids and, as a 

result, some do not pass the bar exam the first time. We do not yet know whether the economic collapse will adversely affect diversity 

enrollment in law school. 

Our organizations together recognize that the legal profession is stronger when women and attorneys of color are actively engaged. 

Studies show that increased representation of women and people of color in leadership is associated with increased profitability and 

responsiveness to client demands. In other words, women and attorneys of color are crucial to the legal profession, and it is critical that 

COVID-19 not impede or delay programs and funding that address making our ranks more diverse and inclusive. 

Therefore, we are calling on the legal profession as a whole to support our working parents and to recognize the hurdles people of 

color face to advancement in our profession. Employers must support flexible working arrangements. Colleagues, including opposing 

counsel and the courts, must be flexible and creative with scheduling. Opportunities for success and advancement must remain open to 

women and people of color, notwithstanding temporary adjustments to the demands of COVID-19. 

And we must now all seize the opportunity to prioritize diversity and mitigate COVID-19’s effects. We encourage you to provide 

internships to law students and seek out women and students of color as part of your outreach for prospective candidates. You may 

contact Vice Dean Lisa Patterson at UB Law School to find a law student intern at 716.645.6262 or lpatter@buffalo.edu. It is 

also important to provide college students with internship opportunities during this time. The Say Yes college internship program is 

looking for local firms, non-profits and government organizations to hire interns this fall. We urge all employers to consider hiring 

a Say Yes intern and to provide a positive office experience to hardworking and bright young college students who may become hard 

working and bright young attorneys. Please reach out to Stephanie Peete at 716.335.7520 or speete@sayyesbuffalo.org to find a Say 

Yes intern. 

Finally, we challenge each member of our profession to take the Pledge to “Challenge Disparity, Build Diversity.” You’ll find the 

pledge on front page. Together we are stronger; together we can make a difference. 

Oliver Young, President 


Jamila Lee, President 

Minority Bar Association of WNY 

Anne Joynt, President 

University at Buffalo Law School Alumni Association 

Bethany Solek, President 

Women’s Bar Association of the State of New York, WNY Chapter


Board of Directors Calls on Members to Meet 

Equity Challenges of COVID-19 

Continued from front page 

President Young expressed appreciation of the Task Force and commended the Task Force members for their timely action and 

collaboration with the Minority Bar Association of WNY, the Women’s Bar Association of the State of New York, WNY Chapter, 

and the UB School of Law Alumni Association. “We are stronger together,” President Young stated. In addition to their work on the 

Pledge and Resolution, the Committee has also spearheaded important conversations with the court on Resuming Operations. The 

next Program is Nov 12, at 2pm, free to BAEC members. 

Accompanying this Resolution is a pledge that the Association is challenging all members of the WNY legal community take. 

According to Elizabeth Kraengel, “The pledge is an effort by our legal community to collectively address the importance of prioritizing 

diversity and inclusion in the face of the COVID-19 pandemic, which has already disparately impacted women attorneys, attorneys 

of color and law students. The Task Force recognizes the hard work of member Anne Bowling, Esq., for bringing these issues to the 

forefront and for inspiring us to take action.” 

Members seeking more information about this initiative or interested in participating in a Giving Circle should contact Liz Kraengel 

at ekraengel@dhpglaw.com. Take the pledge today by visiting eriebar.org/TakeThePledge. 

Let the World Know You Took the Pledge! 

The Bar Association is proud to partner with Mower 

in the creation of our emblem for the “Challenge 

Disparity, Build Diversity” initiative. 

The BAEC partnered with Mower to design a 

symbol that clearly communicates the intent of the 

Resolution and Pledge. 

The graphic consists of building blocks of equal size and shape, which speaks to equity. Additionally, the 

blocks symbolize giving women and people of color the step up and infrastructure they need for true 

equity in the legal profession. The scales of justice are overlayed on the blocks to definitively relate this to 

the legal profession. The lines of text have a stronger second line of copy denoting progression. 

When you take the pledge online, you can download this graphic and share it whever you have a presence 

digitally. We ask that all signers of the pledge add this graphic to the bottom of their email signature. The 

process is easy and we provided instructions on how to do so on our website. 

Click the button below to take the pledge and download the graphic! 

CLICK TO TAKE PLEDGE


FROM THE ERIE COUNTY BAR FOUNDATION 

On behalf of the Foundation, I am pleased to report that our COVID-19 Campaign 

was a tremendous success! Many, many lawyers in need will benefit from the 

generosity of so many campaign supporters and donors. 

I wanted to take this opportunity to inform our Association that we have entered into 

a partnership with the Evans Insurance Agency whereby Evans will donate $20 to the 

Bar Foundation for every quote they prepare for one of our members. Many thanks to 

Evans Insurance for proposing this unique partnership. 

On a more somber note, I was recently made aware of an important CDC report that 

documented the fact that suicides among young Americans has dramatically increased 

57% from 2007 to the present. Sadly, my law firm (Rupp Baase) experienced the tragic 

loss of one of our summer associates, Matt Benedict, to suicide in the summer of 2019. Matt was a terrific young man 

who is sorely missed by his family, our firm, and everyone who knew him. His smile and his enthusiasm for life were both 

truly contagious. This tragedy underscored the importance of starting or continuing the conversation about depression and 

mental health issues in our profession. 

As we all know, 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. There remains the perception of 

stigma and judgment tied to depression, 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 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 colleagues will ever know that you asked for help, 

or the type or amount of help you receive. 

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. We remain ready to help our fellow lawyers 

in need. 

Many thanks for your continued support of the Foundation. 

David R. Pfalzgraf, Jr. 

President 

THE COMPANY OF 

FRIENDS. 

THE SUPPORT OF 

COLLEAGUES.


NYS JUDGES OF COLOR STATEMENT 

Reprinted on behalf of the Minority Bar Association of WNY. 

A statement from the New York State Judges of Color. 

Our message to the community: 

As judges of color who preside over criminal and civil matters 

within the community, we feel compelled, in light of events that 

have been and are unfolding before us all across the country, to 

take a moment to convey our thoughts, as to our responsibility 

and commitment as jurists. 

W.E.B. Du Bois, the first African American to receive a Ph.D 

from Harvard University, wrote over a century ago in 1903, in his 

book titled “The Souls of Black Folk”, that: 

“Daily the [person of color] is coming more and more to look 

upon law and justice, not as protecting safeguards, but as sources 

of humiliation and oppression.” 

Sadly, for too many, such sentiments are as raw today as they were 

in 1903, as evidenced by worldwide protests in the aftermath of 

the death of George Floyd. 

Each day we seek to dispel any narrative or belief that looks upon 

courts as instruments of injustice, by treating each person fairly 

and impartially while upholding our oaths to the constitutions 

of the State of New York and the United States. However, there 

is much work to be done, and we like all judges must be mindful 

of the impact of systemic racism or bias in fulfilling the court’s 

responsibility to ensure equal justice to all under the law. 

We reaffirm our commitment to make a positive difference within 

our respective courts each day and to ensure that those appearing 

before us are treated equally, with the respect and dignity that 

both the law and humanity require. 

Sincerely, 

Court of Appeals 

Hon. Jenny Rivera, Associate Judge of the Court of Appeals 

Hon. Rowan D. Wilson, Associate Judge of the Court of Appeals 

Appellate Division and Appellate Terms of the NYS Supreme Court 

Hon. Betsy Barros, Associate Justice, Appellate Division, 2nd Dept. 

Hon. Sylvia Hinds-Radix, Associate Justice, Appellate Division, 2nd Dept. 

Hon. Lizbeth González, Associate Justice, Appellate Division, 1st Dept. 

Hon. Doris Ling-Cohan, Associate Justice, Appellate Term, 1st Dept., NYS 

Supreme Court 

Hon. Sallie Manzanet-Daniels, Associate Justice, Appellate Division, 1st Dept 

Hon. L. Priscilla Hall (Ret.), Associate Justice, Appellate Division, 2nd Dept. 

Hon. Dianne T. Renwick, Associate Justice, Appellate Division, 1st Dept. 

Hon. Wavny Toussaint, NYS Supreme Court Kings County and Associate 

Justice of the Appellate Term, Second Department 

NYS Supreme Court 

Hon. John Carter, NYS Supreme Court Justice, Criminal Term, Bronx County 

Hon. Margaret Chan, ASCJ, NYS Supreme Court Justice, New York County 

Hon. Lizette Colon, Acting NYS Supreme Court Justice 

Hon. Gordon Cuffy, Acting NYS Supreme Court Justice 

Hon. Kathie Davidson, NYS Supreme Court Justice, Westchester County, 

Administrative Judge, 9th Judicial District 

Hon. Tandra L. Dawson, Acting Supreme Court Justice, New York County, 

Integrated Domestic Violence Court 

Hon. Althea E.M. Drysdale, Acting Supreme Court Justice, New York County 

Hon. Erika Edwards, NYS Supreme Court Justice, Criminal Term, New York County 

Hon. Genine D. Edwards, NYS Supreme Court Justice, Civil Term, Kings County 

Hon. William G. Ford, NYS Supreme Court Justice, Suffolk County 

Hon. Sharon Gianelli, NYS Supreme Court Justice, Nassau County 

Hon. Wyatt N. Gibbons, NYS Supreme Court Justice, Civil Term, Queens County 

Hon. Wilma Guzman, NYS Supreme Court Justice, Bronx County 

Hon. Kenneth C. Holder, NYS Supreme Court Justice, Queens County 

Hon. Phillip Hom, NYS Supreme Court Justice, Queens County 

Hon. Sharen Hudson, Acting NYS Supreme Court Justice, Criminal Term, Kings County 

Hon. Debra A. James, NYS Supreme Court Justice, New York County 

Hon. Tanya R. Kennedy, NYS Supreme Court Justice, Civil Term, New York County 

Hon. Janet C. Malone, NYS Supreme Court Justice, Westchester County 

Hon. Larry D. Martin, NYS Supreme Court Justice, Commercial Division, Kings County 

Hon. La Tia W. Martin, NYS Supreme Court Justice, Civil Term, Bronx County 

Hon. Manuel J. Mendez, NYS Supreme Court Justice, New York County 

Hon. Marsha D. Michael, NYS Supreme Court Justice, Criminal Term, Bronx County 

Hon. Donald A. Miles, NYS Supreme Court Justice, Bronx County 

Hon. Guy H. Mitchell, Acting NYS Supreme Court Justice, Criminal Term, 

Bronx County 

Hon. E. Jeannette Ogden, NYS Supreme Court Justice, 8th Judicial District 

Hon. Bahaati E. Pitt, NYS Supreme Court Justice, Criminal Term, Bronx County 

Hon. Joanne D. Quinones, Acting NYS Supreme Court Justice, Criminal Term, 

Kings County 

Hon. Leticia Maria Ramirez, Acting NYS Supreme Court Justice, New York County 

Hon. Richard Rivera, Acting NYS Supreme Court Justice, Albany County 

Family Court Judge 

Hon. Llinét M. Rosado, NYS Supreme Court Justice, Civil Term, Bronx County 

Hon. Verna Saunders, NYS Supreme Court Justice 

Hon. Toko Serita, Acting NYS Supreme Court Justice, Criminal Term, Queens County 

Hon. Ruth Shillingford, Acting NYS Supreme Court Justice, Criminal Term, 

Kings County 

Continued on Page 17 

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Bench and Bar In the News 

Gross Shuman P.C. announces that B. Kevin Burke, Jr. has been named a shareholder in the firm. Mr. Burke focuses his practice 

on the litigation of contract disputes, labor and employment issues, intellectual property protection, and trade secret cases. Mr. 

Burke graduated with honors from Georgetown University and George Washington University Law School. 

Lipsitz & Ponterio, LLC is pleased to announce that Katherine L. Dibble has joined the firm as an associate attorney. Ms. 

Dibble will focus her practice on the representation of injured workers and their families in front of the New York State Workers’ 

Compensation Board. Ms. Dibble received her undergraduate degree from the State University of New York at Binghamton, 

and her J.D. from the University at Buffalo School of Law. Before joining Lipsitz & Ponterio, Katie spent six years representing 

employers and insurance carriers in civil litigation, including Workers’ Compensation cases. She also spent time working for a nonprofit, 

representing low income individuals with various housing matters. 

The law firm of Lipsitz Green Scime Cambria LLP is proud to announce that Michael M. Kane has joined the firm as Associate. 

Michael Kane is an Associate in Lipsitz Green Scime Cambria’s Workers’ Compensation department. He focuses his practice 

on obtaining benefits for injured workers and individuals suffering from disability. Mr. Kane guides clients through the complex 

processes of Workers’ Compensation and Social Security Disability. He advocates on his clients’ behalf to ensure they receive all 

the benefits they are entitled to. Mr. Kane previously served as Director of Legal Services for Mental Health Advocates of WNY. 

Mr. Kane received his J.D. from the State University of New York at Buffalo in 2012 and a B.A. from Michigan State University in 

2009. 

Jeffrey E. Marion was re-elected as a Co-Chair of the American Association for Justice’s Opioid Litigation Group at their 

AMPED-UP Virtual Convention from July 13-16. Jeff has recently opened a new office at 6024 Main Street Williamsville, NY, 

where he focuses his practice on representing people injured by dangerous drugs, and others catastrophically injured. He also 

provides consulting services to attorneys, including conducting focus groups for trial attorneys. 

Bennett Schechter Arcuri & Will LLP welcomes Jordan Mroczek to the firm as an associate attorney. Mr. Mroczek is a University 

at Buffalo School of Law graduate, and will be practicing in the Defense Litigation practice group. 

The law firm of Lipsitz Green Scime Cambria LLP is proud to announce that Andrew J. Pace has joined the firm as Associate. 

Andrew Pace is an Associate in Lipsitz Green Scime Cambria’s Estates, Wills, and Trusts department. He guides clients on how 

to best protect their assets and maximize their legacy through skillful estate planning. Mr. Pace serves clients needs in all areas of 

estate planning, including: Estate Tax Matters, Health Care Proxies, Living Wills, Powers of Attorney, Wills, Trusts, Guardianships, 

and Medicaid Planning. Mr. Pace received his J.D. from the City University School of Law in 2012 and a B.A. from The Ohio 

State University in 2009. 

Hodgson Russ is pleased to announce that David J. Wilks has been appointed by President Jennifer Minear of the American 

Immigration Lawyers Association (AILA) to serve on the USCIS Case Assistance National Committee for the 2020-2021 term. 

David is a Partner in the Immigration Practice, where he guides companies, nonprofit organizations, universities and entrepreneurs 

in preparing and submitting non-immigrant and immigrant petitions. 

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.

MARY MOORMAN PENN 

APPOINTED NEW CHAIR OF 

LAWYERS HELPING LAWYERS 


The Bar Association of Erie County and its Lawyers Helping Lawyers Committee is 

pleased to announce that Mary Moorman Penn has been voted as the new Committee 

Chairperson. Penn is the first woman chairperson in the history of the Committee. 

The Association’s Lawyers Helping Lawyers (LHL) Committee was established in 1978 

to provide a confidential channel of communication for attorneys and judges experiencing 

alcohol or drug-related difficulties. The LHL is a committee of volunteers. They are made of up of member lawyers and are committed 

to helping their colleagues, peers, and friends who are strugging with substance abuse disorder. 

As the new Chair of the Committee, we wanted to learn more about Mary and what we can expect with her at the helm of Lawyers 

Helping Lawyers: 

Why/How did you get involved with LHL? 

Another female lawyer serving on the committee invited me to get involved, and I saw it as an opportunity for service. 

What is your vision for the future of LHL? 

I would like to see the work of the Committee, especially in its outreach efforts, help in decreasing the stigma around substance use 

disorder and related issues among lawyers. 

What would you ask of the BAEC members regarding LHL? 

Please call us st 716.852.1777 if you or someone you know is 

struggling. We've been there, and now we're here to help. All 

calls are completely confidential. 

BAR ASSOCIATION OF ERIE COUNTY 

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In the Public Service 

Neighborhood Legal Services 

A VICTORY FOR OUR 

TENANT COMMUNITY 

Nick and Sharon George are renowned for unlawful 

rental practices. These unlawful practices notably include 

having their own buildings condemned as a self-help 

eviction technique and serving predatory debt collection 

notices on tenants with rental arears. The couple owns nearly 

30 properties in Niagara County, most of which are multi-unit 

residential buildings. Many of these properties are in deplorable 

condition, with deficiencies ranging from leaking pipes to bedbug 

infestations to malfunctioning heating systems. Some rental units 

lack running water. Neighborhood Legal Services’ advocates were 

told about incidents where Nick George arrived pounding on his 

tenants’ door, screaming obscenities, and then serving a notice to 

terminate the tenancy in response to a simple request to make a 

necessary repair. Our clients simply sought to enforce their right 

to live in safe housing. 

Considering this, it is no surprise that many of the landlordtenant 

cases handled by the Neighborhood Legal Services’ 

Niagara Office involved the Georges. In 2019 alone, over a dozen 

housing cases were opened for tenants who resided in properties 

owned by the couple. Clients were often frightened at the 

prospect of retaliation, but also desperate for a reprieve from the 

unsafe, unhealthy housing conditions with which they had been 

living. 

Habitability hearings were held. Lease agreements were nullified. 

In one case, an injunction was awarded prohibiting the Georges 

from even attempting to evict a tenant who had been granted a 

full rental abatement by the Niagara Falls City Court. Despite 

these efforts, the Georges continued to refuse to make repairs. It 

became obvious that another strategy was warranted. 

Neighborhood Legal Services reached out to New York State 

Attorney General Letitia James, and facilitated interviews 

between Assistant Attorney General Chris Boyd and past 

and present tenants of the Georges. Tenants completed sworn 

statements regarding the hazardous conditions within the 

Georges’ properties together with descriptions of the Georges’ 

response to requests to address those conditions. These affidavits 

launched an investigation by the Attorney General into the rental 

practices of Nick and Sharon George. 

Matthew Finamore 

On August 11, 2020, Attorney General James announced that a 

settlement agreement had been reached with the Georges. The 

settlement requires Nick and Sharon George to divest from all 

property in New York State, and requires state approval of any 

potential buyer of those properties. The proceeds of the sales of 

the George’s properties will not go to the Georges. Instead, the 

money will be placed into an escrow account to be used by buyers 

to make necessary repairs. 

This experience yields valuable lessons. Often when practicing 

law in the public interest, it is easy to get lost in the day-to-day 

fight. Clients served by Neighborhood Legal Services are often in 

desperate situations. According to Neighborhood Legal Services’ 

Executive Director Lauren Breen, “Our clients often come to us 

on the worst day of their lives. “ 

Daily, we advocate zealously for our clients…..but then what? 

Often, the people we represent go back into a world where racism, 

extreme poverty, disability, and other challenges remain. The 

vicious cycle that created the legal issues we had hoped to resolve 

continues. And so, the fight carries on. 

Daily, on a micro-level, we uphold the rights of our client 

community: families and households challenged by poverty 

and disability. Meaningful advocacy for our clients requires the 

legal services community to analyze cases through the broader 

lens of social justice. We must ask: what can we, as attorneys, 

do to implement systematic change? It is a daunting task to be 

certain. However, as the George case demonstrates, legal services 

organizations are not alone in this fight. In addition, it is not 

a futile fight. In a little over a year since Neighborhood Legal 

Services first reached out, the New York State Attorney General 

removed from the residential housing landscape slumlords who, 

for over 30 years, exploited people’s poverty for their own profit. If 

the downfall of the Georges is any indication, this is a fight that 

can be won. 

About the Author 

Matthew Finamore is a Staff Attorney with Neighborhood Legal Services

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NOMINATIONS SOUGHT FOR BAR 

ASSOCIATION LEADERS 

The Bar Association of Erie County is seeking active, involved leaders to run for officer and director positions for the 2021-2022 year. 

The Nominating Committee, chaired by President Oliver C. Young, is now accepting applications from interested members of the 

Bar Association of Erie County for the positions of vice president, deputy treasurer and director. You may nominate yourself or other 

members you feel would be qualified and willing. Candidates should be able to demonstrate a history of activity within the organized 

bar. 


The vice president performs the duties of the president if he or she is absent or unable to perform the duties of the office. The 

vice president serves a one-year term followed by a one-year term as president. The president is the chief executive officer of the 

Association and presides at all meetings of the Association and all meetings of the board of directors. The president is the Association’s 

spokesperson. 

Deputy Treasurer 

The deputy treasurer is a member of the Finance Committee and performs as treasurer in his or her absence or inability to perform 

the duties of the office. The deputy treasurer serves a one-year term followed by a one-year term as treasurer. The treasurer is the 

Association’s chief financial officer. 

Director 

The affairs of the Association are managed by a 16-member board of directors. Four directors rotate off the board annually and four 

new directors are elected. Directors are elected to a three-year term and are not eligible for re-election as a director until the expiration 

of one year after he or she has left that position. 

Interested persons should send a resume along with the position title to: Nominating Committee, Bar Association of Erie County, 

438 Main Street, Sixth Floor, Buffalo, NY 14202 or skohlbacher@eriebar.org. The Nominating Committee is actively soliciting 

nominations from the membership. 

Nominating Committee 

Oliver C. Young, Chair 

Leroi C. Johnson 

Daniel M. Killelea 

Michael H. Kooshoian 

J. Patrick Lennon 

Cheryl Meyers-Buth 

Elizabeth M. Midgley 

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The Latest in Cyberlaw 

USE OF PHOTOS ONLINE 

Have your clients been accused of using a photo without 

permission at a website or in a social media post? This month’s 

column will provide some guidance under US law (foreign law 

may vary). 

Often a client learns of a third party’s claim when the client 

receives the “Getty Images letter” or a similar communication 

from a company or law firm that represents a copyright owner. 

The letter starts out something like this: “It has come to our 

attention that you are using an image represented by us for 

online promotional and/or editorial purposes. We have searched 

our records and have not been able to locate a valid license for 

the use of the image under your company’s name. Attached is 

a copy of the image in question along with the usage found on 

your company’s website.” The letter typically demands that the 

recipient furnish a copy of a valid license to use the photo, or 

take the photo down and pay a specified amount of damages, or 

contact the representative for a license to use the image on an 

ongoing basis. 

Responding to such claims can be frustrating. Sometimes your 

communications are met with template responses. Sometimes no 

infringement has taken place or at least not on the part of your 

client. The company or law firm representing the copyright holder 

might refuse to provide the copyright registration for the image, 

a significant item in light of the US Supreme Court ruling that a 

copyright infringement suit for a US work cannot be commenced 

without a registration. Fourth Estate Public Benefit Corporation 

v Wall-Street.com, 586 U.S. (2019). If you do receive a copy 

of the registration certificate, check to see if the effective date 

of registration predates the alleged infringement because, under 

17 U.S.C. §412, the timing of registration impacts the copyright 

owner’s ability to collect statutory damages (although there is 

a special grace period for registering within 3 months after the 

work is first published). 

It is possible to negotiate the dollar amount with Getty Images 

and similar companies. In negotiating the amount, keep in mind 

that copyright liability is strict liability, so posting a photo without 

permission can be problematic even if the client had no malicious 

intent or knowledge that a copyright was being infringed. If you 

reach a settlement and your client remits payment, make sure that 

your client receives a release. 

In some instances, defenses can be raised, such as the Classroom 

Use Exemption under 17 U.S.C. §110(1). One of the major 

defenses is copyright fair use, which protects various activities 

including news reporting. Four factors are considered in 

analyzing the fair use defense: (1) the purpose and character of 

the use, (2) the nature of the copyrighted work, (3) the amount 

and substantiality of the portion taken, and (4) the effect of the 

use upon the potential market. Caution must be used when 

Anne F. Downey 

relying on the fair use defense, because often the public’s view of 

fair use is more expansive than is warranted. Ultimately, copyright 

fair use depends on what a judge or jury decides. 

Many times a photo will be posted to a company website or 

social media account by a third-party vendor that is handling the 

client’s digital marketing. It is important for clients to review and 

negotiate vendor agreements to include an indemnification if the 

vendor posts infringing content. Of course, an indemnity is only 

as good as the bank account or insurance policy standing behind 

it. The client may also want to discuss its own insurance coverage 

with an insurance broker. And if an infringement claim is made, 

the client should generally give prompt notice to its insurer. 

Sometimes clients find themselves in the hot seat when they use 

a photo under a stock license or Creative Commons license and 

it turns out that the client did not comply with the terms of the 

license. For example, a license might prohibit use of an image 

for commercial purposes, or might require attribution to the 

photographer. 

A New York Court of Claims case provides a cautionary tale. The 

case did not involve a copyright claim, but rather some of the 

other claims that may arise when a photo shows an identifiable 

person. Such claims can include right of publicity or privacy, 

defamation, and false endorsement. In Nolan v. New York State 

Division of Human Rights, 2018 NY Slip Op 51789(U) (NY 

Court of Claims 11/8/18), the New York State Division of 

Human Rights (“DHR”) ran an ad advocating for HIV-positive 

individuals. The ad featured a photo of a model, Avril Nolan, with 

the caption “I am positive (+)” and “I have rights”. Ms. Nolan was 

not HIV positive. 

DHR licensed the photo from Getty Images, which obtained 

the photo from the photographer. Getty Images assured DHR 

in an email and by phone that the model had signed a release, 

but it turned out that Nolan did not sign a release or give the 

photographer permission to sell the photo. 

Moreover, DHR failed to read the fine print in the license, which 

prohibited use of the stock photo in a defamatory or unlawful 

manner. 

Continued on Page 19


SPECIAL ACCESS TO THE UB LAW LIBRARY 

BY APPOINTMENT 

While the UB Law Library will be closed 

to the public for the fall semester, 

attorneys will still be able to visit 

in person, but only by appointment. 

Monday through Friday 

8 a.m. to 5 p.m. 

Virtual research assistance also is available 

and strongly encouraged to minimize 

density on campus. 

To contact a UB law librarian 

asklaw@buffalo.edu | 716-645-2047 

WEAR A MASK 

MY MASK PROTECTS YOU 

YOUR MASK PROTECTS ME 

TOGETHER WE CAN SAVE LIVES

NYS JUDGES OF COLOR STATEMENT 

Continued from Page 9 

Hon. J. Machelle Sweeting, Acting NYS Supreme Court Justice, Harlem 

Community Justice Center, Presiding Justice 

Hon. Delores J. Thomas, NYS Supreme Court Justice, Kings County 

Hon. Kenneth L. Thompson, Jr., NYS Supreme Court Justice, Bronx County 

Hon. Alison Y. Tuitt, NYS Supreme Court Justice, Civil Term, Bronx County 

Hon. George R. Villegas, NYS Supreme Court Justice, Criminal Term, Bronx County 

Hon. Laura Visitacion-Lewis (Ret.), NYS Supreme Court Justice, Criminal 

and Civil Terms, New York County Hon. Craig Walker, Acting NYS Supreme 

Court Justice, Criminal Term, Kings County 

Hon. Sam D. Walker, NYS Supreme Court Justice, 9th Judicial District 

Hon. Alvin Yearwood, Acting NYS Supreme Court Justice, Criminal Term, 

Bronx County 

Court of Claims 

Hon. Edwina G. Richardson-Mendelson, NYS Court of Claims Judge, Deputy 

Chief Administrative Judge for Justice Initiatives 

Hon. Juan M. Merchan, NYS Court of Claims Judge Acting NYS Supreme 

Court Justice, Criminal Term, New York County 

Hon. Walter Rivera, NYS Court of Claims Judge 

Hon. Michele S. Rodney, NYS Court of Claims Judge, Acting NYS Supreme 

Court Justice, Criminal Term, New York County 

Hon. Lillian Wan, NYS Court of Claims Judge, Acting NYS Supreme Court 

Justice, Kings County 

County Court 

Hon. Helen M. Blackwood, Westchester County Court Judge 

Hon. William A. Carter, Albany County Court Judge 

Hon. Maija C. Dixon, Acting Monroe County Court Judge, Rochester City Court Judge 

Hon. Derrick J. Robinson, Acting County Court Judge, Suffolk County District Court 


Hon. Sandra E. Roper, NYC Civil Court Judge, Kings County 

Hon. Marissa Soto, NYC Civil Court Judge, Bronx County 

Hon. Bryant Tovar, NYC Housing Court Judge, Bronx County 

Hon. Kim Adair Wilson, NYC Civil Court Judge, Bronx County 

City and District Courts Outside NYC 

Hon. Adrian Armstrong, Mount Vernon City Court Judge 

Hon. Vanessa Bogan, Syracuse City Court Judge, Youth Part Judge 

Hon. Betty Calvo-Torres, Buffalo City Court Judge 

Hon. Lissette G. Fernandez, Peekskill City Court Judge 

Hon. Tricia Ferrell, District Court, Nassau County 

Hon. Lenora B. Foote-Beavers, Buffalo City Court Judge, Domestic Violence Part 

Hon. Teneka E. Frost, Schenectady City Court Judge 

Hon. Darlene Harris, District Court, Nassau County 

Hon. Helena Heath, Albany City Court Judge 

Hon. Nichelle A. Johnson, Mount Vernon City Court Judge 

Hon. Reginald J. Johnson, Peekskill City Court Judge 

Hon. Michael C. Lopez, Rochester City Court Judge 

Hon. Jared R. Rice, New Rochelle City Court Judge 

Hon. Robert Russell, Buffalo City Court Judge 

Hon. Derrek Thomas, Syracuse City Court Judge 

Hon. Elena Goldberg Velazquez, Yonkers City Court Judge 

Town and Village Courts 

Hon. Joaquin F. Alemany, Scarsdale Village Court Justice 

Hon. Delores Scott Brathwaite, Greenburgh Town Court Justice 

Hon. Maritza Fugaro-Norton, Cortlandt Town Court Justice 

Family and Surrogates Court 

Hon. Sherri Brooks-Morton, Albany County Family Court Judge 

Hon. Kevin M. Carter, Supervising Judge of Family Courts, 8th Judicial District 

Hon. Karen M.C. Cortes, Bronx County Family Court Judge 

Hon. Dean Kusakabe, Queens County Family Court Judge 

Hon. Connie Gonzalez, Queens County Family Court Judge 

Hon. Arlene Gordon-Oliver, Westchester County Family Court Judge 

Hon. Patsy Gouldborne, AJSC, Matrimonial Court Judge, Bronx County 

Hon. Mildred Negron, Queens County Family Court Judge 

Hon. Gayle P. Roberts, Bronx County Family Court Judge 

Hon. Jonathan H. Shim, New York County Family Court Judge 

Hon. Aija Tingling, Acting Bronx County Family Court Judge 

Hon. Margarita Lopez Torres, Kings County Surrogates Court Judge 

Hon. Javier Vargas, Kings County Family Court Judge 

NYC Civil and Criminal Courts 

Hon. Deepa Ambekar, NYC Criminal Court Judge, Kings County 

Hon. Karina E. Alomar, NYC Civil Court Judge, Queens County 

Hon. Shahabuddeen A. Ally, NYC Criminal Court Judge, Bronx County 

Hon. Sharon A. Bourne-Clarke, NYC Civil Court Judge, Richmond County 

Hon. Phyllis Chu, NYC Criminal Court Judge, New York County 

Hon. Patria Frias-Colón, NYC Civil Court Judge, Kings County 

Hon. Abena Darkeh, NYC Criminal Court Judge, Kings County 

Hon. Christel F. Garland, NYC Housing Court Judge, Bronx County 

Hon. Cheryl Gonzales, NYC Housing Court Judge, Kings County 

Hon. Karen Gopee, NYC Criminal Court Judge, Queens County 

Hon. Jeffrey Gershuny, NYC Criminal Court Judge, Queens County 

Hon. Lisa S. Headley, NYC Civil Court Judge, New York County 

Hon. John A. Howard-Algarin, NYC Criminal Court Judge, New York County 

Hon. Shorab Ibrahim, NYC Housing Court Judge, Bronx County 

Hon. Michelle A. Johnson, Supervising Judge, NYC Criminal Court, Queens County 

Hon. John Lansden, NYC Housing Court Judge, Queens County 

Hon. Consuelo Mallafré Meléndez, NYC Civil Court Judge, Kings County 

Hon. Claudia Daniels-DePeyster, NYC Criminal Court Judge, Kings County 

Hon. Connie Morales, NYC Civil Court Judge, assigned Criminal Court, Bronx County 

Hon. Dweynie E. Paul, NYC Civil Court Judge, Kings County 

Hon. Bianka Perez, NYC Civil Court Judge, Bronx County 

Hon. Enedina Pilar Sanchez, NYC Housing Court Judge, Queens County 

Hon. Dakota D. Ramseur, NYC Civil Court Judge, New York County 

Hon. Archana Rao, NYC Criminal Court Judge, Kings County 

ARBITRATE OR MEDIATE YOUR CASE 

Since 2001, I have been honored 

to have been chosen to serve as a 

mediator or neutral arbitrator in over 

3,000 claims which were pending in 

our court system. The vast majority 

of the non-binding mediations were 

successfully resolved. In addition to 

having over 30 years of experience 

in the litigation and trial of personal 

injury claims, I have lectured on 

behalf of the Bar Association of Erie 

County’s Erie Institute of Law and 

have given in-house presentations on 

the topic of ADR. I am a past President of the Western New York 

Trial Lawyers Association, and a charter member of the NYSBA’s 

Dispute Resolution Section. I am also a Certified Federal Court 

Mediator. My fees are extremely reasonable, certainly a more cost 

effective alternative than a trial. I will be as flexible as possible in 

terms of scheduling and location, resulting in a quicker and more 

convenient resolution of your claim. 

MICHAEL MENARD 

69 Delaware Ave., Suite 705, Buffalo, NY 14202 

(716) 842-6700 | FAX: (716) 842-6707 

menardlaw@aol.com 

www.menardlaw.com


Death & Taxes 

LATEST DEVELOPMENTS IN 

SURROGATE’S COURT 

The pandemic has wrought several changes in the Surrogate’s 

Court: 

1. Mandatory E-filing - All matters in all Surrogates’ Courts in 

New York MUST be e-filed. There is no longer an exemption 

for attorneys who are not computer savvy. On-line training 

in e-filing is available through the N.Y.S. Office of Court 

Administration. 

2. Virtual Appearances - In-person appearances in Surrogate’s 

Court are severely limited. All attorneys are requested to appear 

virtually using Skype for Business. Citations shall be issued by 

the Court, and shall have attached to them notices regarding 

virtual appearances. Attorneys and litigants who intend to appear 

virtually must provide the Court with their e-mail addresses, and 

they will receive a Skype for Business invitation for an appearance 

via e-mail from the Court about five business days prior to the 

appearance with a link to appear by video conference, and a phone 

number for a call-in teleconference appearance. 

MEDIATE ~ ARBITRATE 

BUSINESS • EMPLOYMENT • ELDER • CONTRACTS 

Krista Gottlieb, Esq. 

Resolutionary 

ADR Center & Law Office 

43 Court Street, Suite 1100 

Buffalo, NY 14202 

Peter Brevorka 

Jillian Brevorka 

3. Service of Citations - By order of the Court, the time between 

service of a citation within New York State, and the return date 

has been increased to 20 days. But, in addition to in-hand service 

within the state, the following methods of service are authorized 

without any further order of the Court: 

(1) Substituted service 

(2) Nail and mail 

(3) US Postal Service overnight mail with tracking service 

(4) Any form of special mail services (FedEx, DHL, or UPS) 

(5) E-mail service with receipt verification. 

4. Letters and Certificates - Letters and Certificates will be 

issued electronically without a raised seal, and shall recite that 

they are good for six months from date of issuance. 

For additional information about this new world of Surrogate’s 

Court, check the Surrogate’s Court website at http://ww2. 

nycourts.gov/courts/8jd/erie/surrogates/index.shtml 

Matter of McHugh, 67 Misc. 3d 1234(A) (Erie Co. Surr. Ct., 

2020) 

This case illustrates the virtually limitless jurisdiction of the 

Surrogate’s Court if a matter involves a decedent’s estate. 

Decedent was associated with the Buffalo Shooting Club 

(“BSC”), a not-for-profit enterprise. BSC made arrangements to 

store some of its equipment in two trailers on decedent’s property. 

There was no formal contract, nor any agreement about a storage 

fee. The storage started in 2005, and the decedent billed BSC 

$39,600 for storage through 2008, which BSC paid. 

• 25 Years Mediation Experience 

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-Parties & Counsel from 34 states and counting 

• National Association of Distinguished Neutrals 

• Neutral venue designed for ADR 

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KG@KristaGottlieb.com 

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PREPARED • PERSISTENT • PROFESSIONAL 

In 2009 the Erie County Supreme Court issued an order 

dissolving BSC, and appointing a receiver. The Order included 

language enjoining all parties interested in BSC from, among 

other things, paying out any money belonging to BSC until 

further order of the Court. The Court also retained exclusive 

jurisdiction over all matters involving the dissolution of BSC. 

Decedent later billed BSC $85,500 for storage costs from January 

2009 to June 2015. At that point the trailers were removed from 

decedent’s property, but the bill for $85,800 remains unpaid. 

The decedent died in 2017 and his daughter was appointed 

executor of his estate. 


USE OF PHOTOS ONLINE 



DHR licensed the photo from Getty Images, which obtained 

the photo from the photographer. Getty Images assured DHR 

in an email and by phone that the model had signed a release, 

but it turned out that Nolan did not sign a release or give the 

photographer permission to sell the photo. 

Moreover, DHR failed to read the fine print in the license, which 

prohibited use of the stock photo in a defamatory or unlawful 

manner. The license also required that if any image featuring 

a model were used in connection with a subject that would be 

unflattering or controversial to a reasonable person, the image 

must be accompanied by a disclaimer indicating that “the image is 

being used for illustrative purposes only, and any person depicted 

in the image is a model.” No such disclaimer appeared in the 

DHR ad. 

One final consideration is that if your client launches an ad 

campaign with audiovisual content, there will be additional 

issues to consider, including without limitation music licenses, 

Screen Actors Guild issues, and issues related to the use of thirdparty 

materials in the video (e.g., a painting appearing in the 

background of a video). 

In summary, clients should be cognizant of third-party rights in 

photos and other content that they post online. With companies 

like Getty Images using automated systems that search the 

Internet for infringement, the risks are higher than ever. 

Nolan sued DHR and Getty Images. Ultimately, the New York 

Court of Appeals awarded Ms. Nolan judgment against DHR 

in the amount of $125,000. For its part, Getty Images reached a 

confidential settlement with Nolan. 


Committees 

See the full Committee meeting 

calendar online: 

www.eriebar.org/Committees 

Not yet a part of a Committee? As a BAEC member, they’re 

free to join! Join a committee today! 

James P. Renda, Esq. 

69 Delaware Ave., Suite 1006, Buffalo, NY 14202 | (716) 885-4335 | JRenda@rendalaw.com 

Arbitration of all financial aspects of your divorce case 

◊ Fellow and Certified Arbitrator of the American Academy of Matrimonial Lawyers 

◊ “Best Lawyers in America” designation 2005-2020 and awarded Best Lawyers 

“Lawyer of the Year 2019” for Family Law Buffalo by Woodward & White 

◊ Lawyers of Distinction 2018-2020 

◊ Named in “New York Super Lawyers” 2007-2020 by Thomson Reuters



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. 

Neil J. McKinnon 

Roger T. Davison 

Leigh Elizabeth Anderson 

Daniel S. Piotrowicz 

Carl A. Green 

Victor C. Silverstein 

Fenton F. Harrison 

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 

St. Thomas More Guild 

of Western New York 

ANNUAL 

RED MASS 

Thursday, October 1, 2020 

12:10pm 

St. Joseph Cathedral 

50 Franklin St. | Buffalo, NY 

or watch live at youtube.com/SaintJosephCathedral 

JUDICIAL REMARKS 

Hon. Tracey A. Bannister 

Associate Justice, Fourth Judicial Dept., Appellate Division

CONTRIBUTIONS TO THE FOUNDATION 


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 Memory of Bernadette Hoppe: 

Bullville Fire Company 

In Memory of Leigh Anderson: 

Andrew Lipkind 

Hon. Sharon S. Townsend 

Mark & Hon. Mary Carney 

Thomas C. Farley, Jr. 

Tracey Kassman 

In Memory of Carl A. Green: 

Anthony M. Nosek 

Coleman Volgenau & Diane F. Bosse 

Joel L. Daniels 

Michael F. Perley 

Philip Celniker 

In Memory of W. Donn McCarthy and Chris T. Brunea: 

Daniel L. Schoenborn 

In Memory of Neil McKinnon: 

Hon. John M. Curran 

In Memory of Anna Marie Richmond’s Sister: 

Sharon Nosenchuck 

In Memory of Fenton F. Harrison: 

Brevorka Law Firm, PC 

Coleman Volgenau 

In Memory of David Sweet (Father of Kathleen Sweet): 

Hon. Elizabeth A. Wolford 

Dale B. Demyanick 

Kathleen Reilly 

Robert J. Kresse 

In Memory of Joe Bermingham and Phil Magner: 

Stanley Collesano 

In Memory of Hon. James E. Euken: 

Warren M. Emerson 

In Memory of William J. Fitzhenry: 


In Memory of Craig Cwick: 


In Memory of Susan M. King: 

Kenneth A. Manning 

In Memory of Roger T. Davison: 


Hon. Sharon S. Townsend 

Jim & Mary Shea 


Melvin L. Hurwitz 

In Memory of Dr. Ilja J. Weinrieb (Father of Pieter G. 

Weinrieb): 

Patrick J. Brown 

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

Fiorella, Jr.): 

Joel L. Daniels 

Richard G. Schwind & Rhoda R. Schwind 

In Memory of George Hamberger (Brother of Mark 

Hamberger): 

Personius Melber LLP 

In Memory of Joseph Ferrara (Father of Theresa 

Ferrara): 


In Memory of Jane Bogulski (Mother of Frank 

Bogulski): 


In Memory of Victor C. Silverstein: 

Brevorka Law Firm, PC 


George R. Grasser 

Jim & Mary Shea 

In Memory of My Mother, Grace D’Angelo Tutton: 

Victoria L. D’Angelo 

In Memory of David Addelman: 

Hon. Sharon S. Townsend


DEATH & TAXES 


The decedent’s executor commenced a proceeding in Erie County 

Surrogate’s Court citing SCPA 2103 (Proceeding by Fiduciary to 

Discover Property Withheld or Obtain Information) and SCPA 

2107 (Proceeding for Advice and Direction), seeking to recover 

the $85,800 from the Receiver. 

The Receiver sought pre-answer relief under CPLR 3211, 

claiming among other things, lack of subject matter jurisdiction 

and failure to state a cause of action. And in the alternative 

the Receiver sought to transfer the matter to Supreme Court 

pursuant to New York Constitution Article VI, section 19(d). 

The Receiver argued that the alleged contract claim was 

committed to the exclusive jurisdiction of Supreme Court, and 

that Article VI, section 12(d) of the New York State Constitution 

prohibits any court from addressing matters within the Supreme 

Court’s exclusive jurisdiction. Further, the Receiver argued that 

SCPA 2103 and 2107 do not authorize the Surrogate’s Court to 

decide breach of contract claims seeking liquidated damages. 

In addressing the Receiver’s contentions, the Surrogate cited 

Matter of Young, 80 Misc. 2d 937, an action initiated in 

Surrogate’s Court to recover royalties due a decedent from his 

publisher. 

The Court also cited Goldberg v. HSBC Securities (USA), Inc., 

2014 N.Y. Misc. LEXIS 858 in regard to a contract enforcement 

action in Surrogate’s Court: 

[W]hile the Surrogate’s Court does not generally have 

jurisdiction over enforcement of a contract, where the 

agreement in question is inextricably connected with a 

contested will so that the dispute will necessarily affect 

the administration of the estate, removal of the action to 

Surrogate’s Court is appropriate since the Surrogate’s Court 

has full general jurisdiction in law and in equity with respect to 

all matters relating to the estates and affairs of decedents. 

The Surrogate found that the Court has subject matter 

jurisdiction over the estate’s claim to recover from the Receiver 

the debt the estate claimed BSC owes it. Recovery would add 

assets to the estate. Whether the Executor’s reliance upon SCPA 

2103 or SCPA 2107 is correct, is irrelevant to the subject matter 

jurisdiction, the Court held. 

However, in spite of finding that her Court has jurisdiction, the 

Surrogate transferred the case back to Supreme Court, based 

upon the Supreme Court’s direction in its Dissolution Order that 

all matters related to BSC assets had to be brought in that Court. 

The mandate of the New York State Constitution is clear and 

unequivocal: the Surrogate’s Court shall have jurisdiction not 

only over “all actions and proceedings relating to the affairs of 

decedents” but also over “administration of estates and actions 

and proceedings arising thereunder or pertaining thereto.” 

Therefore, for the Surrogate’s Court to decline jurisdiction, it 

should be abundantly clear that the matter in controversy in 

no way affects the affairs of a decedent or the administration of 

his estate.

BUFFALO – Erie County District Attorney John J. Flynn 

announces that the Community Dispute Resolution Program 

(CDR) in Buffalo City Court continues to serve the community 

during the COVID-19 pandemic. The diversion program, 

launched in July 2019, provides an alternative to criminal 

proceedings to resolve issues between parties by facilitating 

conversations between a complainant and defendant with a 

neutral third party to identify issues, clarifying perceptions, and 

exploring options for an acceptable resolution. 


DISPUTE RESOLUTION PROGRAM OFFERS 

VIRTUAL SERVICES DURING PANDEMIC 

The diversion program celebrates its first anniversary by continuing to provide alternatives to criminal 

proceedings despite paused courts 

trespassing, criminal mischief, menacing, noise complaints, minor 

assaults, and property damage. 

• Cases where parties are going to have an ongoing relationship 

such as family, colleagues, former friends, neighbors, etc. 

• Cases where there is considerable law enforcement or criminal 

court history of ongoing conflict with the role of “victim” and 

“offender” often changing with the particular filing. 

• Cases where anger management may have been raised during 

the plea conversation. 

The Community Dispute Resolution Program aims to reduce 

the number of low-level criminal cases in Buffalo City Court by 

resolving disputes through mediation and conflict coaching. The 

Erie County DA’s Office, Legal Aid Bureau of Buffalo, and Child 

& Family Services Center for Resolution and Justice developed 

the program that was implemented by the Center for Resolution 

and Justice (CRJ) in Buffalo City Court. Funding for the program 

was provided by the New York State Unified Court System to 

support court-based Alternative Dispute Resolution (ADR). 

Referrals to the program are made by the assistant district 

attorney or defense attorney upon request of either party or 

during plea negotiations in a qualifying criminal case. Once 

referred to the CDR program, each party will connect with a 

CRJ representative to discuss the issue and learn more about the 

program. 

The screening process allows each party to explain their side 

of the issue with an unbiased mediator who will recommend 

the appropriate services for each party. If both parties commit 

to proceed in mediation, a joint two-hour mediation session is 

scheduled. With the assistance of a neutral third party mediator, 

the two parties will discuss the conflict, consider options for 

moving forward, and ultimately reach a resolution deemed 

acceptable for both parties. 

If either party declines to participate in mediation or a restriction 

is found during the screening process, a conflict coaching session 

may be scheduled for the individual party. Conflict coaching 

is a one-on-one meeting with a trained coach who will work 

to increase the party’s understanding of the conflict, address 

decision-making for future interactions, and teach conflict 

resolution skills specific to the individual. This service can be used 

as a standalone service, or in preparation for mediation. 

The services provided by the Community Dispute Resolution 

Program are free, voluntary, and confidential. The program aims 

to support parties in resolving issues, encourage participants 

to strategize steps for positive interactions, and reduce future 

conflicts. 

Eligible Cases for Community Dispute Resolution Program: 

• Cases including, but not limited to, harassment, criminal 

Cases Restricted from Participation: 

• Domestic violence matters 

• No-contact orders of protection involving the parties 

• Allegations of child abuse, neglect, or any case that poses a 

danger to a child 

Potential Results for Participation: 

• An agreement is reached between parties, and the dismissal of 

the case is requested. 

• An agreement is reached between parties, the dismissal of the 

case is requested, and the parties enter into a private agreement 

regarding future conduct, restitution, communication, etc. 

• An agreement is reached between parties, and the case is 

adjourned in contemplation of dismissal (ACD), or ACD with 

the following possible conditions: restitution or an order of 

protection. 

• A conflict coaching session is held and participation is 

considered in disposition. 

• No agreement is reached, the referral report will be submitted to 

the court, and the case will proceed on the criminal calendar. 

Over the past year, there have been a total of 13 cases referred to 

the Community Dispute Resolution Program. Of the 13 cases, 

six cases resulted in at least one party’s participation in a CDR 

service. Two of those six cases were mediations, resulting in full 

agreements. The other four cases resulted in conflict coaching 

sessions. For the remaining cases, there were three cases where 

one or more parties declined services, individuals did not appear 

in two cases, one case is pending, and the program was unable to 

make contact in one case. 

Since mid-March, the program has held approximately 140 

virtual sessions for a variety of case types. This was especially 

helpful to the parties involved, attorneys, and the courts that were 

paused for all but essential matters for a period of time due to 

the pandemic. The procedures remain the same, but with some 

adjustments to address virtual challenges and conditions. 

### 

Media Contact: 

Kait Munro 

716-479-9846 | kaitlyn.munro@erie.gov


2019 FOUNDATION CAMPAIGN 

DONORS 

Our 2019 Erie County Bar Foundation Campaign was a huge success! We are 

incredibly grateful to all of our donors and their generosity. It is because of you that the 

Foundation is able to continue its work of assisting lawyers and their families in need. 

We would like to especially thank the Chair of our Foundation Campaign, William 

Mattar, for spearheading the 2019 Campaign. It is because of the hard work he and his team have done over the past year 

that this campaign was such a success! 

Donations made specifically towards the Foundation’s COVID-19 Campaign are not included here. 

Contributions $15,000+ 

William K. Mattar 

Contributions $10,000 - $14,999 

Cellino and Barnes 


Donald P. Chiari 

John J. Fromen, Jr. 

Lipsitz & Ponterio 


Terrence M. Connors 

Jeffrey M. Freedman 

John F. Maxwell 

Timothy M. O'Mara 


Richard J. Barnes 

Eric S. Bernhardt & Alicia F. Kaufmann-Bernhardt 

Keith & Jill Bond 

Peter J. Brevorka 

Michele A. Brown 

Paula M. Ciprich 

William B. Collins 

Douglas S. Coppola 

James Duggan & Pamela Thibodeau 

John & Hon. Paula Feroleto 

Kate & Steve Foley 

Mary Louise Hayden 

Kevin M. Kearney 

Dan D. Kohane 

Robert J. Lane, Jr. 

Dennis R. McCoy 

Carl P. Paladino 

Hon. Erin M. Peradotto 

Personius & Melber 

Patrick Rimar 

Arthur A. Russ, Jr. 

Hugh M. Russ, III 

Nancy W. Saia 

David V. Sanchez 

Barbara & Richard Schaus 

Stephen J. Schop 

Joseph V. Sedita 

Michael & Sandra Sexton 

James P. Shea 

Brian J. Weidner 

Steven J. Weiss 

Mark A. Worrell 

Hon. Diane Y. Wray 

Stephen L. Yonaty & M. Kim Babat 

Bruce Zeftel & Barbara Delgross

2019 FOUNDATION CAMPAIGN DONORS 

Contributions $500 - $999 

Joan Casilio Adams 

Martha M. Anderson 

Timothy J. Andruschat 

Hon. Tracey & Patrick Bannister 

Dennis J. Bischof 

Edward S. Bloomberg 

Diane F. Bosse 

Michael & Nancy Brady 

Joel Brownstein & Judith Katzenelson 

Mark C. Butler 

R. Colin Campbell 

Kathleen M. Carmody 


Alan S. Carrel 

Joe R. Cavan 

Samuel J. Civiletto 

Edward C. Cosgrove 

Brian P. Crosby 

Thomas C. D'Agostino 

John P. Dee 

Mark P. Della Posta 

Susan R. Duffy 

James & Hon. Susan Eagan 

John V. Elmore 

Ann E. Evanko 

Andrew & Joy Feldman 

Noemi Fernandez 

Raymond L. Fink 

Gary R. Gaffney 

Patricia Gillen 

Garry M. Graber 

Gerald Grace, Jr. 

Christopher T. Greene 

J. Mark Gruber 

Michael T. Hagelin 

Mark W. Hamberger 

Vincent Hauber & Jean Gittler 

Michele O. Heffernan 

Thomas F. Hewner 

Kenneth R. Hiller 

Corey J. Hogan 

Hurwitz, Whitcher & Molloy 

William Ilecki 

Paul K. Isaac 

Daniel Brendan Kane 

Kathryn M. Kirsch 

Robert E. Knoer 

Eleanor N. Lawson 

Allan M. Lewis 

Mark J. Mahoney 

Kenneth A. Manning 

Marianne Mariano 

Lawrence J. Mattar 

Norman J. Mattar 

Hon. Jeremiah J. McCarthy 

Joseph V. McCarthy 

Hon. John & Denise O'Donnell 

Randolph C. Oppenheimer 

Hon. Catherine Nugent Panepinto 

Gerald E. Paradise, III 

Michael F. Perley 

Philip A. Perna 

David R. Pfalzgraf, Jr. 

Susan M. Piver 

Theodore J. Pyrak 

Lawlor F. Quinlan, III 

David C. Quinn 

William J. Regan 

Michael & Christine Roach 

Walter L. Rooth 

Howard S. Rosenhoch 

Roger L. Ross 

Keith B. Schulefand 

Richard J. Sherwood 

Kevin W. Spitler 

Hon. Lawrence J. Vilardo 

Neil Weinberg 

Steven W. Wells 

Brian R. Welsh 

Joseph E. Zdarsky 



Eugene P. Adams 

John J. Aman 

Nicholas P. Amigone, III 

Grace Marie Ange 

Sunil Bakshi 

Arthur G. Baumeister, Jr. 

Mary C. Baumgarten 

Thomas R. Beecher, Jr. 

Charles Beinhauer 

Steven B. Bengart 

Harry Brand 

Mark E. Brand 

Craig R. Bucki 

Michael C. Burwick 

Richard L. Campbell 

Charles & Laurie Carra 

Peter M. Casey 

Thomas R. Cassano 

Robert J. Castellani 

Philip Celniker 

Roland M. Cercone 

Chiacchia & Fleming, LLP 

William D. Christ 

Robert M. Ciesielski 

Frederick B. Cohen 

Stanley J. Collesano 

Robert B. Conklin 

Joseph R. Connelly 

Daniel R. Connors 

William R. Crowe 

Hon. John M. Curran 

Steven P. Curvin




Victoria L. D'Angelo 

Thomas A. Deuschle 

Richard F. DiGiacomo 

Linda M. DiPasquale 

Melinda & Thomas Disare 

Laura C. Doolittle 

John W. Dorn 

Brian W. Downey 

Patrick A. Dudley 

Gary R. Ebersole 

David L. Edmunds, Jr. 

David A. Farmelo 

Helen Ferraro-Zaffram 

Robert P. Fine 

Cheryl Smith Fisher 

Fitzgerald & Roller, PC 

Robert J. Fluskey 

Hon. Leslie G. Foschio 

Howard B. Frank 

Maryann Saccomando Freedman 

Lawrence J. Gallick 

Jerry A. Gambino 

Henry D. Gartner 

Lynn D. Gates 

Stuart A. Gellman 

Sharon Stern Gerstman 

Horace A. Gioia 

Neil A. Goldberg 

Jerome C. Gorski 

George R. Grasser 

Robert W. Grimm, Jr. 

David E. Gutowski 

James P. Harrington 

Donna L. Haslinger 

John E. Haslinger 

Susan Hassinger 

Susan J. Hauck 

Christopher A. Head 

Carla J. Hengerer 

Raymond C. Herman, III 

Terrence P. Higgins 

Susan S. Hogan 

Hon. Michael E. Hudson 

Charles P. Jacobs 

Anne E. Joynt 

Richard S. Juda, Jr. 

Hon. Michael J. Kaplan 

Thomas J. Keable 

J. Michael Kelleher, Jr. 

Christopher C. Kerr 

Daniel M. Killelea 

Matthew L. Kolken 

Robert D. Kolken 

Lindy Korn 

Robert J. Kresse 

Linda C. Laing 

Joseph M. LaTona 

J. Michael Lennon, II 

Brian N. Lewandowski 

Andrew A. Ligammari 

John T. Loss 

Frank LoTempio, III 

Rocco Lucente, II 

Ryan J. Lucinski 

Janet C. MacDonald 

Anthony D. Mancinelli 

Giles P. Manias 

Frederic J. Marrano 

Linda J. Marsh 

Hon. Salvatore & Mary Dee Martoche 

Charles C. Martorana 

Joseph A. Matteliano 

Christopher & Fauzia Mattingly 

William F. McLaughlin 

Mark R. McNamara 

Ann T. Mikoll 

Raymond T. Miles, III 

R. Charles Miner 

Elaina M. Monte 

Vincent J. Moore 

Gary L. Mucci 

Catherine E. Nagel 

Paula & Terry Newcomb 

Robert B. Nichols 

Ilo Nwabugwu Noble 

Edward C. Northwood 

Debra A. Norton 

Anthony M. Nosek 

David W. Olson 

Jeffery D. Palumbo 

Arcangelo J. Petricca 

David R. Pfalzgraf 

John P. Pieri 

Michael A. Piette 

Richard C. Pohlman 

Roderick Quebral 

Russell T. Quinlan 

Lawrence J. Regan 

Kevin A. Ricotta 

George E. Riedel, Jr. 

Kate Roach & Kevin Hogan 

Susan C. Roney 

Richard P. Rosso 

Michael J. Ryan 

Mr. & Mrs. Philip Scaffidi 

John H. Schlegel 

Daniel L. Schoenborn 

Paul J. Schulz 

Penny Selmonsky 

E. Michael Semple 

Eric M. Shelton 

Paul Sikora 

Hon. Donna M. Siwek & Timothy G. 

McEvoy 

Hon. William M. Skretny 

Hon. Mary L. Slisz 

Terry D. Smith 

James W. Smyton 

Kenneth J. Sodaro 

Robert B. Sommerstein 

David G. Stiller 

Kathleen M. Sweet 

Kevin A. Szanyi 

Nelson S. Torre 

William J. Trask, Sr. 

Frederick D. Turner 

Amy J. Vigneron 

Greg & Jeanne Vinal 


Matthew X. Wagner, Jr. 

Jo Ann M. Wahl 

Hon. Dennis & Michele Ward 

Wilder & Linneball, LLP 

Michael J. Willett 

Thomas S. Wiswall 

Oliver C. Young & Mary Jo Lattimore- 

Young 

Gregory C. Yungbluth 

Arnold N. Zelman 

Benjamin M. Zuffranieri, Jr. 


Richard G. Abbott 

Kenneth W. Africano 

Donald A. Alessi 

David & Joan Alexander 

John P. Amershadian 

Sara Lee Anthis 

Julie P. Apter 

Daniel R. Archilla 

Frederick G. Attea 

Brian D. Baird 

Patrick J. Baker 

John E. Ballow 

Noel E. Bartlo 

Robert Battista 

Thomas W. Bender 

Michael J. Berchou 

Howard E. Berger 

Katherine J. Bestine 

Ambar Bhargava 

Robert A. Biltekoff 

Blinkoff & Blinkoff, P.C. 

Alan B. Block 

Hon. M. William Boller 

Eric T. Boron 

Lauren E. Breen 

Jody E. Briandi 

Phillip Brothman 

Daniel F. Brown 

Gregory L. Brown 

Patrick J. Brown 

Wesley M. Brown 

Robert C. Brucato, Jr.



Hon. Carl L. Bucki 

Donna L. Burden 

Hon. Christopher J. Burns 

Kathleen A. Burr 

Thomas E. Butler 

Santo A. Campanella 

Shawn W. Carey 

William E. Carey 

John J. Carney 

Jerome D. Carrel 

Thomas J. Casey 

Timothy C. Cashmore 

Donna M. Castiglione 

Anthony J. Cervi 

Michael F. Chelus 

Stephen C. Ciocca 

Peter D. Clark 

Michael W. Cole 

David J. Colligan 

John A. Collins 

Richard G. Collins 

Paul Comeau & Victoria D'Angelo 

James J. Contino 

Michael G. Cooper 

Ryan Cummings 

Julie Ann Dee 

Paul Gordon Dell 

John J. DelMonte 

James C. DeMarco, III 

Anthony J. DeMarie 

James P. Domagalski 

James D. Donathen 

Anne F. Downey 

John R. Drexelius, Jr. 

Michael C. Driscoll 

Hon. Timothy J. Drury 

Thadeus J. Dziekonski, Jr. 

Gayle L. Eagan 

Roger J. Edel 

Robert M. Elardo 

Warren M. Emerson 

Donald B. Eppers 

Anne C. Evans 

Hon. Eugene M. Fahey 

Randy Fahs 


Victor N. Farley 

Michael E. Ferdman 

Robert A. Fiordaliso 

Hon. Lenora B. Foote-Beavers 

Lawrence C. Franco 

Thomas P. Franczyk 

Robert W. Frangooles 

Wayne I. Freid 

Mark J. Frentzel 

Kenneth P. Friedman 

Colleen Curtin Gable 

Thomas Gaffney 

Eugene M. Gaughan 

Warren B. Gelman 

Carmen J. Gentile 

Vincent R. Ginestre 

Herman J. Ginsburg 

Paul J. Glascott 

Hon. Joseph R. Glownia 

Amy J. Goldstein 

Bruce A. Goldstein 

Richard H. Gordon 

James W. Gormley 

Kelly L. Gotham 

Krista Gottlieb 

Nicole Graci 

James R. Grasso 

Leslie Mark Greenbaum 

Robert Michael Greene 

Michael F. Griffith 

Richard D. Grisanti 

Laura A. Groschadl 

Robert H. Gurbacki 

Ralph L. Halpern 

Vincent O. Hanley 

William D. Harrington 

Robert P. Heary 

David Michael Heim 

Franklin W. Heller 

Daniel J. Henry, Jr. 

Mary Jo Herrscher 

Jeffrey A. Human 

Paul V. Hurley 

Adolph C. Iannaccone 

Robert I. Jadd 

Hope R. Jay 

Kathleen P. Johnson 

Paul F. Jones 

John A. Joseph, III 

Karen R. Kaczmarski 

Mary Clare Kane 

Frank S. Kedzielawa 

William Patrick Keefer 

Leslie R. Kellogg 

Denis A. Kitchen, Jr. 

Howard Kleiman 

Mark Klein 

Peter G. Klein 

John T. Kolaga 

Anthony S. Kowalski 

Jeffrey S. Krajewski 

Joel R. Kurtzhalts 

Robert H. Kutzuba 

John J. LaFalce 

Matthew C. Laufer 

Courtland R. LaVallee 

John J. Lavin 

J. Michael Lennon 

Andrew Lipkind 

Brendan H. Little 

Sally B. Logan 

Michael J. Lombardo 

Leonard G. London 

Patrick J. Long 

Robert D. Lonski 

Colleen & David Losi 

Albert V. Lowman, Jr. 

Michelle D. Maccagnano 

Stephanie A. Mack 

William J. Magavern, II 

Michael V. Maloney 

Edward J. Markarian 

Jeffrey & Mia Markello 


Hon. Frederick J. Marshall 

Karen M. McCafferty 

Anastasia M. McCarthy 

Michael P. McClaren 

Susan M. McClaren 

Maureen A. McCready 

Michael McPartlan 

Robert A. Moeller 

Albert J. Mogavero 

John J. Molloy 

Hon. Mark A. Montour 

William C. Moran 

Michael O. Morse 

Stanley A. Moskal, Jr. 

Joseph P. Muenkel 

John W. Murray 

James I. Myers 

James J. Nash 

David Nelson 

Thomas W. Nelson 

Christopher & Melissa Nickson 

Deborah E. Nicosia 

Joseph Notaro & Renee Heitger 

Paul Notaro 

Bridget M. O'Connell 

Mary C. O'Connor 

Joseph E. O'Donnell 

Hon. E. Jeannette Ogden 

Edward A. Pace 

Patricia Ann Pancoe 

Michelle Parker 

Anthony D. Parone 

James A. Partacz 

Michael Paskowitz 

Jeffrey A. Perla 

Mark J. Peszko 

James M. Phillips 

Gregory P. Photiadis 

Paul M. Pochepan 

Steven H. Polowitz 

Stephen F. Pusatier 

Patrick J. Quinlivan 

Robert J. Reden 

Shari Jo Reich 

James P. Renda 

Karen Richardson 

Michael A. Riehler 

Thomas M. Rizzo 

John P. Robshaw, Jr. 

Hon. Michael J. Roemer 

Jay N. Rosenthal 

Michael Anthony Rossi 

Paul E. Rudnicki 

Mark E. Saltarelli 

Hon. J. David Sampson 

Salvatore T. Sanfilippo 

Melinda R. Saran 

Daniel E. Sarzynski 

Christine Saturnino 

Antonio Savaglio 

Gary M. Schaff 

Michael Schiavone 

John G. Schmidt, Jr. 

Joseph M. Schnitter 

Duane D. Schoonmaker




Duane D. Schoonmaker 

Robert J. Schreck 

Claudia S. Schultz 

James D. Schultz, Jr. 

Blaine S. Schwartz 

Scott M. Schwartz 

Sharon J. Schwartz 

James T. Scime 

Walter P. Seegert 

Kathleen M. Sellers 

Michael R. Shannon 

David A. Shapiro 

Christina Lana Shine 

Daniel D. Shonn, Jr. 

David A. Siegel 

Stephen R. Silverstein 

Richard Charles Slisz 

Paul J. Smaldone 

Craig Z. Small 

A. Peter Snodgrass 

Edward J. Snyder 

Arnold H. Soeder 

Robert G. Spampata, Jr. 

Jil St. Ledger-Roty 

Bradley J. Stamm 

Gary M. Sterman 

Jack G. Stiefel 

David M. Stillwell 

Amber E. Storr 

Steven R. Sugarman 

Joseph J. Terranova 

Pamela H. Thibodeau 

Diane R. Tiveron 

Melissa A. Tocha 

Elizabeth M. Tommaney 

Hon. Deanne M. Tripi 

Thomas J. Vaughan 

Candace K. Vogel 

James M. Wadsworth 

James R. Walsh 

Daniel J. Ward 

Francis P. Weimer 

Jeffrey Weiss 

Paul D. Weiss 

Alan S. Wexler 

Susan P. Wheatley 

John S. Wiencek 

Ann C. Williams 

Ronald Willig 

Daniel E. Wisniewski 

Wolfgang & Weinmann 

Tracy Sendor Woodrow 

Leonard D. Zaccagnino 

Kelly V. Zarcone 

George Michael Zimmermann 


Anthony D. Abbarno 

Brian F. Attea 

Richard J. Attea 

Raymond H. Barr 

Daniel E. Barry, Jr. 

Mona L. Baskin 

Holly Adams Beecher 

Susan A. Benz 

Robert L. Besanceney 

George Russell Blair, Jr. 

David V.L. Bradley 

Michele Ann Braun 

Stephen P. Brooks 

Marc W. Brown 

William K. Buscaglia, Jr. 

Bernardine M. Butler 

Margaret C. Callanan 

Dominic Paul Candino 

Earl K. Cantwell, II 

Marco Cercone 

Ralph Cessario 

Lynn A. Clarke 

Mary Anne Connell 

Caitlin M. Connelly 

Thomas V. Considine 

Cara A. Cox 

Tara N. Karch Cross 

William H. Daetsch 

Richard J. Day 

James DeMatteo 

Matthew J. Duggan 

Sarah Duval 

John B. Elliott 

Anthony J. Emmi 

Charles J. Englert 

Timmon M. Favaro 

Wendy K. Fechter 

William M. Feigenbaum 

Gregory A. Fina 

Bernard B. Freedman 

Kathleen Garvey 

Mollie B. Gaughan 

Rosemary Gavigan-Bis 

Giovanni Genovese 

Arthur J. Giacalone 

Wendy D. Glauber 

Eric L. Glazer 

Howard F. Gondree 

Kenneth E. Graber 

Alvin M. Greene 

Jean Graziani Greinert 

Joseph M. Guerra, III 

Frederick R. Gugino 

Robert B. Hallborg, Jr. 

William Grant Hennigar, Jr. 

Ann Giardina Hess 

Andrew C. Hilton, III 

Marilyn A. Hochfield 

David A. Hoover 

Scott P. Horton 

Edwin P. Hunter 

Giuseppe A. Ippolito 

Katie M. Ireland 

Andrew B. Isenberg 

Joel J. Java, Jr. 

David V. Jaworski 

William P. Johnson 

Amanda R. Jordan-Pugh 

Daniel P. Joyce 

Peter T. Juliano 

Gary M. Kanaley 

Eileen Katz 

Linda L. Kaumeyer 

William Kevin Kennedy 

Deborah Kennedy-Rogoza 

Elizabeth Kraengel 

Paul W. Kullman 

Mary Kay LaForce 

Robert H. Lawrence 

James A. Lazarus 

Robert M. Lippman 

Tim C. Loftis 

Bradley Loliger 

Tracie L. Lopardi 

William A. Lorenz, Jr. 

Joan E. Loring 

William D. Maldovan 

Karen L. Mathews 

Kathleen E. McMahon-Stoll 

Patricia W. Miceli 

Ryan Mills 

David C. Mineo 

Richard J. Morrisroe 

Mark S. Nemeth 

Jon Allon Nichols 


Randall & Rita Odza 

Kathleen E. O'Hara 

Kelley A. Omel 

Kevin M. O'Neill 

Frank J. Parlato 

Kim K. Paul 

John Y. Pax 

Wallace C. Piotrowski 

Rosalind M. Polanowski 

Mark C. Poloncarz 

Robert J. Portin 

Robert M. Pusateri 

Michael E. Reilly 

Aven Rennie 

Anna Marie Richmond 

John E. Rogowski 

Lawrence M. Ross 

Joseph P. Ryan 

Daniel P. Schaus 

Geralyn A. Schiffler 

Thomas G. Sellers 

Joseph H. Shaw, Jr. 

Louis H. Siegel 

David K. Silverberg 

Margaret Lillis Snajczuk 

Jeffrey A. Spencer 

Linda Lalli Stark 

Thomas A. Steffan 

Jeffrey W. Stone 

Jeffrey C. Stravino 

Donna Hoelscher Suchan 

Robert W. Tills 

David P. Todaro 

Thomas V. Troy 

Cynthia E. Vance 

Mary E. Virginia 

Judith L. Voit 

Alan D. Voos 

Mark R. Walling 

Mark W. Warren 

Eileen M. Wheeler 

Jeffrey L. Whiting 

Christopher C. Willett 

Ruth R. Wiseman 

Steven G. Wiseman 

Katherine L. Wood 

Michelle Wood 

Andrew W. Wright 

Christine Wojcik Zona


BEQUEST TO THE BAR FOUNDATION IS A 

CONTINUATION OF A LIFETIME CAREER 

When I started my law practice 40 years ago, my goals were to help clients and to 

make a decent living myself. I found my niche handling mainly bankruptcy filings 

and Social Security Disability (SSD) cases. I probably spent more hours in the 

office than my wife would have liked, but through my efforts and with the help of 

those who worked with me, my success far exceeded what I ever expected. Most 

importantly, I was able to help clients in the areas of the law on which I chose to 

focus—bankruptcy and Social Security Disability. 

Along the way the firm encountered a few tough years, but overall, both my staff 

and I did well. Through my own experience and my close associations with other 

attorneys as a member of the Bar Association of Erie County, I saw how even 

hard-working, talented lawyers could run into difficulties. Lawyers—like everyone 

else—have plans for their careers, but sometimes life gets in the way of plans. Like 

everyone else, they are susceptible to physical and mental illnesses, or they have 

Jeffrey M. Freedman, Esq. 

family members with serious medical problems whose care is not covered by health 

insurance. The current pandemic is a perfect example of an unexpected business interruption that can impact an attorney’s 

cash flow. 

The Erie Country Bar Foundation’s mission is to help attorneys who are facing serious financial challenges. Over the years, 

I have witnessed the wonderful work they do, so it seemed a natural progression of my career to leave a portion of my estate 

to help colleagues who run into difficulties in the future. 

I was raised with the idea we have a moral duty to help others, and throughout my career that value was reinforced by a 

number of attorney colleagues who mentored and supported me. I feel that having the power to improve the lives of others 

is both a privilege and a responsibility. I am confident this gift to the Bar Foundation, which has a history of excellent 

stewardship of the funds it holds, will benefit the practitioners of law in Erie County for decades to come. It is a rewarding 

feeling to be able to “do the right thing” for my community. 

If you are considering how you can make a lasting difference to our legal community, I would encourage you to leave a 

bequest to the Bar Foundation. As attorneys, most of us have the opportunity to be successful, and as members of the 

BAEC, we enjoy many benefits. By leaving a portion of your estate to the Bar Foundation, you too, can help improve the 

lives of future attorneys whose expertise will in turn contribute to the well-being of our overall society. 

COLLEAGUES 

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Our committees are an integral part of the Association. We are incredibly thankful to our committee chairs for the hard work and time 

they put into their committees. We are also grateful to all our members who participate in these committees, striving to improve and 

strengthen the legal profession. 

ALTERNATIVE DISPUTE RESOLUTION COMMITTEE 

Chair: Katie L. Kestel Martin | Board Liaison: Krista Gottlieb 

The Alternative Dispute Resolution Committee educates attorneys and the public about alternative processes that exist for the resolution of disputes 

without resort to litigation, and the resulting benefits and/or risks of using any such ADR procedures. This goal is accomplished by CLE programs 

sponsored annually by the committee, by public education programs, and by various special projects. 

APPELLATE PRACTICE COMMITTEE 

Chair: Susan C. Ministero and Ashley R. Lowry | Board Liaison: Robert C. Brucato, Jr. 

The Appellate Practice Committee focuses on the advancement and identification of issues of concern to members of the bar who are engaged 

in appellate practice in state and federal courts. 

BY-LAWS COMMITTEE 

Chair: Garry M. Graber 

The By-Laws Committee provides interpretations of the By-Laws of the Association and drafts proposed amendments at the request of the Board of 

Directors. 

CLE ADVISORY COMMITTEE 

Chair: Chanel T. McCarthy | Board Liaison: Karen Richardson 

The CLE Advisory Committee oversees continuing legal education programs for the Erie Institute of Law. The Committee monitors 

and evaluates programs to ensure that high quality, effective and timely programs are offered to meet the professional education needs 

of lawyers in Western New York, and works to maintain the Institute's position as the primary provider of CLE in the surrounding legal 

community. 

COMMERCIAL LITIGATION AND BANKRUPTCY LAW COMMITTEE 

Chairs: Amber E. Storr and Daniel F. Brown | Board Liaison: Michael L. McCabe 

The Commercial Litigation and Bankruptcy Law Committee deals with current substantive and procedural issues concerning bankruptcy 

law and the bankruptcy courts and commercial and business litigation in both state and federal courts. The committee provides ongoing 

legal education to its members in these areas, and each year also presents both a Noonday lecture and a CLE seminar on current topics. The 

committee also serves as a liaison for the local bar to the United States Bankruptcy Court for the Western District of New York. 

COMMITTEE FOR THE DISABLED 

Chair: Christopher J. Grover | Board Liaison: Lauren E. Breen 

The Committee for the Disabled serves the interests of mentally and physically disabled persons by: 1) educating the legal community about the special 

needs of the disabled; 2) encouraging the legal representation of the disabled; 3) advocating for accessibility of services; and 4) advocating for the rights of 

disabled persons by monitoring legislative and judicial trends. 

COMMITTEE ON EMINENT DOMAIN AND TAX CERTIORARI 

Chair: Mark R. McNamara | Board Liaison: Jennifer Metzger Kimura 

The Committee On Eminent Domain and Tax Certiorari updates members on changes in the law and procedures in the fields. The committee invites 

guest speakers to meetings and produces periodic CLE seminars for Bar members. 

COMMITTEE ON VETERANS' & SERVICE-MEMBERS' LEGAL ISSUES 

Chair: Anthony J. Kuhn | Board Liaison: Timothy J. Graber 

The committee will create a network of lawyers knowledgeable in veteran and service members' law and produce programs and publish articles to keep 

attorneys abreast of relevant legal issues. The committee will also coordinate community outreach to increase awareness of legal issues particular to 

veterans and service members.



COMMITTEE TO ASSIST LAWYERS WITH DEPRESSION 

Chair: TBD 

The Committee will coordinate, assist and support activities and resources dedicated to assisting lawyers in the Association who suffer from depression. 

CRIMINAL LAW COMMITTEE 

Chairs: Brittany Penberthy & James Auricchio | Board Liaison: Peter J. Crotty 

The Criminal Law Committee are attorneys primarily engaged in criminal practice, both defense and prosecution, who consider matters which 

impact on the criminal justice system and the practice of criminal law. The committee considers matters referred to it by the Board of Directors. 

The committee also presents CLE programs through the Erie Institute of Law and provides lecturers for the Stop-DWI assemblies. 

DIVERSITY & INCLUSION COMMITTEE 

Chair: Stephanie J. Calhoun and Jennifer Metzger Kimura | Board Liaison: Reetuparna (Reena) Dutta 

The mission of the Diversity & Inclusion Committee is: (1) to educate our legal community concerning the importance of racial equity, 

diversity, and inclusion; (2) to support sustainable programs that foster, build, and develop a diverse legal community; and (3) to ensure the Bar 

Association of Erie County promotes inclusion and provides significant opportunities for personal and professional growth for all. 

ELDER LAW COMMITTEE 

Chair: Kelly Barrett Sarama | Board Liaison: Kelly Barrett Sarama 

The Elder Law Committee shares information among members and the public regarding issues of major concern to the elderly and practitioners 

representing them. Such issues include access to health care, Medicaid, asset planning, housing, community resources and institutional placement, 

pension benefits, health care decision making, private and Medicare health insurance, administrative proceedings, attorneys' fees, veterans' benefits, and 

exploitation of the elderly. 

ENVIRONMENTAL LAW COMMITTEE 

Chair: Patrick T. Fitzgerald | Board Liaison: Robert C. Brucato, Jr. 

The Environmental Law Committee provides environmental practitioners and other attorneys with a forum for discussion of current environmental 

legal trends, DEC/EPA regulatory, statutory, and enforcement initiatives, and current or emerging case law. It also provides education and community/ 

academic outreach programs. The committee has frequent speakers on a wide variety of environmental topics. 

FEDERAL PRACTICE COMMITTEE 

Chair: Timothy J. Graber | Board Liaison: Karen Richardson 

The Federal Practice Committee fosters an ongoing dialogue with the members of the federal judiciary who sit in this district. Each fall, the committee holds a dinner attended 

by all district, magistrate and bankruptcy judges from both Buffalo and Rochester. Meetings often consist of an informal discussion with one of the members of the federal 

bench. The committee provides regular input with respect to proposed changes to the Local Rules of Practice for the district, and conducts one major seminar each year. 

HEALTH CARE LAW COMMITTEE 

Chair: Jennifer R. Scharf | Board Liaison: Colleen Curtin Gable 

The Health Care Law Committee educates members and others about developments and trends in the field through CLE seminars and speakers at monthly meetings. 

Consideration is given to all legal and ethical issues affecting physicians, hospitals and other providers of health care services. A Liaison Committee between the 

Health Law Committee and the Medical Society of the County of Erie has developed guidelines for interprofessional relations between physicians and attorneys. 

HISTORY COMMITTEE 

Chair: Michelle Parker 

The History Committee is dedicated to the publicizing and preservation of the rich history of the Western New York legal community. 

HUMAN RIGHTS COMMITTEE 

Chair: Sharon Nosenchuck | Board Liaison: Lauren E. Breen 

The Human Rights Committee is concerned with human rights of people. In the past, the committee has examined the conditions of local 

jails, followed local cases that have human rights implications and heard from experts on the problems of refugees. 

INTELLECTUAL PROPERTY, COMPUTER AND ENTERTAINMENT LAW COMMITTEE 

Chair: Stephanie A. Adams | Board Liaison: Kelley A. Omel 

Intellectual Property, Computer and Entertainment Law Committee shares information about contract issues in music, film and sports 

industries; publicity rights; Internet and computer law issues; copyrights; trademarks; patents; trade secrets; and unfair competition. About 

half of each meeting is devoted to a presentation from a committee member or guest speaker on a current topic of legal interest.



INTERNATIONAL LAW COMMITTEE 

Chair: Jeffrey D. Coren | Board Liaison: Karen Richardson 

The International Law Committee promotes the practice and study of international law. In today’s global environment, cross-border and international issues impact nearly all areas of 

the law, including business transactions, litigation, intellectual property, tax, employment, estate planning, and family law. This is especially true in Erie County given the area’s close 

proximity to Canada. The committee brings together local attorneys spanning various practice areas to learn about and discuss a broad range of international topics, including cross-border 

investment transactions, international arbitration, foreign judgment enforcement, trade and immigration. The committee also collaborates with attorneys and bar associations in Canada. 

JUDGES' COMMITTEE 

Chair: Hon. Deborah A. Chimes | Board Liaison: Samuel A. Alba 

The Judges' Committee promotes discussion and interchange of ideas in connection with issues of interest and concern to the judiciary. 

JUDICIARY COMMITTEE 

Chair: Elizabeth M. Midgley | Board Liaison: Elizabeth A. Kraengel 

The Judiciary Committee investigates and evaluates the qualifications of candidates for judicial office in Erie County. The ratings are made public to assist 

voters in selecting their choices in the general election each November. 

JUSTICE COURTS COMMITTEE 

Chair: Michael H. Kooshoian | Board Liaison: Peter J. Crotty 

The Justice Courts Committee offers members the opportunity to discuss current Justice Courts issues with attorneys practicing in the towns and villages, 

as well as with many of the judges who are members of this committee. 

LABOR LAW COMMITTEE 

Chair: Michael E. Hickey | Board Liaison: Colleen Curtin Gable 

The Labor Law Committee consists of attorneys involved in all aspects of labor and employment law. This includes employment discrimination law and 

private and public sector labor and management relations. The monthly meetings tend to be educational, usually featuring a presentation by a committee 

member or an outside guest speaker. 

LAWYER REFERRAL & INFORMATION SERVICE COMMITTEE 

Chair: Robert A. Fiordaliso 

The Lawyer Referral & Information Service Committee monitors and reviews the operation of the LRIS and recommends improvements in service or 

modifications in policies and procedures to staff and the Board of Directors. 

MATRIMONIAL AND FAMILY LAW COMMITTEE 

Chairs: Erica M. Zeis and Vanessa C. Gabriele | Board Liaison: Kelly Barrett Sarama 

The Matrimonial and Family Law Committee is one of the largest and most active committees of the Bar Association. Committee activities 

include monthly meetings featuring discussions of new substantive law, court rules and guest speakers on topics relevant to the practice. 

Seminars featuring presentations by experts on issues important to matrimonial practitioners are held annually. 

MUNICIPAL AND SCHOOL LAW COMMITTEE 

Chair: Scott P. Horton | Board Liaison: Kelley A. Omel 

The Municipal and School Law Committee consists of attorneys involved in all aspects of federal, state and local laws related to municipalities and 

schools. The Committee provides a forum for these attorneys to share information on issues of concern and interest and to consider current developments 

and changes in the law. 

NEGLIGENCE COMMITTEE 

Chair: James J. Nash | Board Liaison: Samuel A. Alba 

The Negligence Committee fosters cooperation between the plaintiff and defense bar in order to encourage the efficient administration of justice; 

updates and educates the general bar about recent developments in the field of negligence law through CLE seminars; and considers, and makes 

recommendations about proposed legislation affecting the practice of negligence law. 

PRACTICE AND PROCEDURE IN FAMILY COURT COMMITTEE 

Chairs: Cheryl A. Aloi and Michele A. Brown | Board Liaison: Kelly Barrett Sarama 

The Practice and Procedure in Family Court Committee serves as a communication link between the Bar Association and the bench, striving 

to better the quality of the practice of lawyers before the Family Court bench. The Committee features guest speakers at its meetings and 

produces Noonday lectures and CLE seminars. The Forum, the monthly newsletter of the committee, is now available online.



PROFESSIONAL CONTINUITY COMMITTEE 

Chair: Francis X. Carroll and James J. Duggan 

The Professional Continuity Committee assists clients in obtaining other counsel when that attorney's practice is interrupted without an 

appropriate successor. 

PROFESSIONAL ETHICS COMMITTEE 

Chair: Joseph V. McCarthy | Board Liaison: Elizabeth A. Kraengel 

The Professional Ethics Committee investigates and answers inquiries concerning the Rules of Professional Conduct. The results of the investigations 

and a proposed opinion are reported to the Board of Directors, who make the final decision. Opinions are published in The Bulletin to provide guidance 

to the legal community. 

REAL PROPERTY LAW COMMITTEE 

Chair: Glenn J. Speller | Board Liaison: Jennifer Metzger Kimura 

The Real Property Law Committee considers the development and practical workings of the law relating to real property, conveyancing, mortgages, 

foreclosures, receiverships and other related subjects. 

REGULATORY COMPLIANCE COMMITTEE 

Chair: Anne K. Bowling | Board Liaison: Reetuparna (Reena) Dutta 

The corporate regulatory environment has undergone unprecedented growth in recent years. Small businesses and large corporations are subjected to 

more governmental oversight than ever before. Currently, massive statutes such as Dodd Frank are written in a vague manner, which results in many 

uncertainties and challenges in connection with their implementation. As a result, administrative regulations play a larger role, as they are supposed to 

provide the rules that were not addressed in the enabling legislation. The Regulatory Compliance Committee's goal is to address and explore the pressing 

regulatory issues and uncertainties of the current business environment. The Committee will provide a forum for compliance attorneys to effectively strategize and 

solve these complex legal and regulatory issues. 

SOLO AND SMALL LAW FIRM PRACTICE COMMITTEE 

Chair: Dennis J. Bischof | Board Liaison: Krista Gottlieb 

The Small Law Office Technology Committee is designed to provide sole practitioners and those in small law offices with a forum to discuss technology and how 

it can enhance the efficiency of their law practice. Whether it be computers, software, hardware, the internet, telephones, or any other type of device that may be 

helpful, the committee members will offer advice on how best to use technology. Each meeting will provide members with an opportunity to ask questions and, 

hopefully, get answers to their most perplexing technology problems. The committee will also have speakers on a wide variety of technology topics. 

SURROGATE'S COURT COMMITTEE 

Chair: Linda S. Grear | Board Liaison: Kara M. Addelman 

The Surrogate's Court Committee meets monthly to discuss topics of interest that affect Surrogate's practice. The Committee provides educational 

seminars on trust and estate issues as well as an annual Noonday Lecture. In addition, the Liaison subcommittee meets with Erie County Surrogate Acea 

Mosey and her court staff throughout the year to address issues of importance in Surrogate's practice. 

UNLAWFUL PRACTICE OF LAW COMMITTEE 

Chair: David G. Brock 

The Unlawful Practice of Law Committee seeks to protect the public against the unlawful practice of law by investigating allegations of unlawful 

practice. It may receive complaints, take evidence, and upon Board approval, present complaints to the State Attorney General and have charge of actions 

instituted by the Association for the unlawful practice of law. 

WORKERS' COMPENSATION COMMITTEE 

Chair: Renee E. Heitger | Board Liaison: Kara M. Addelman 

The Workers' Compensation Committee meets periodically to discuss issues affecting practice before the Workers' Compensation Board. The Committee 

takes an active role in working with the Board's administration by presenting ideas and concerns of the bar as well as responding to proposed legislation 

and Board rules. 

YOUNG LAWYERS COMMITTEE 

Chairs: Samantha I.V. White and Carolyn L. DeVaughn | Board Liaison: Samuel A. Alba 

The Young Lawyers Committee consists of lawyers who have been practicing for 10 years or less. The Committee provides leadership, 

networking and social opportunities and periodically produces educational programs on topics of interest to young lawyers.


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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. 

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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 

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Western District Case Notes 

Kevin M. Hogan and Sean C. McPhee 

Service of Process (via email) 

In Securities and Exchange Commission v. Bahgat et al., No. 17-cv-971- 

LJV (Apr. 6, 2020), after plaintiff failed to answer and plaintiff moved to enter a default judgment, the Court ordered plaintiff 

to show cause why its attempts to serve plaintiff via email comported with the requirements of the due process clause of the 

Fourteenth Amendment. Plaintiff submitted evidence that it attempted to serve defendant using the last known email address 

that plaintiff had actively used at least a year earlier. The Court held that such service did not comport with due process and 

therefore denied plaintiff ’s motion for a default judgment. The Court rejected plaintiff ’s argument that the absence of an email 

“bounce back” established a reasonable likelihood that the defendant had actually received the email. The Court reasoned that, 

were that true, a plaintiff could prove traditional mail service by showing simply that a letter was not returned as undeliverable 

when, instead, the defendant may no longer live at the address and the new resident may have discarded the mail. According 

to the Court, sending an email to an address last used one year earlier is not reasonably calculated to apprise the defendant of 

the pendency of the action and afford him an opportunity to present his objections and, therefore, does not comport with the 

due process requirements of the Fourteenth Amendment. 

Service of Process (on the United States) 

In Mayes v. United States Postal Service, No. 19-cv-355-JLS (May 13, 2020) – a negligence claim brought under The Federal 

Tort Claims Act (“FTCA”) – defendant moved to set aside a default and dismiss the complaint for insufficient service of 

process, because the FTCA precludes tort suits against federal agencies, making the United States the only proper defendant 

in the action, and Rule 4 therefore required plaintiff to serve the Attorney General and the United States Attorney’s Office, 

which plaintiff had not done. The Court found that plaintiff had not complied with the 90 day deadline to accomplish 

service set forth under Rule 4(m) and was not entitled to relief under Rule 4(i)(4). The Court nevertheless granted plaintiff 

a discretionary extension of time to serve the complaint, declaring plaintiff ’s late service on defendant effective nunc pro tunc, 

despite acknowledging that the factors to be weighed in deciding whether to exercise such discretion were evenly balanced. 

On the one hand, plaintiff ’s action likely would be barred by the statute of limitations if it were refiled, and the federal agency 

had “some notice” of the claim due to an earlier administrative claim and correspondence. On the other hand, there was no 

evidence that defendant had attempted to conceal the untimely service or defect, and defendant would suffer harm if the 

service period were extended beyond the limitations period for the action. The Court also noted that discretion usually is 

exercised when a plaintiff has advanced some colorable excuse for her neglect, and here no excuse was proffered for plaintiff ’s 

failure to follow the proper procedures for serving the United States, especially after receiving an administrative denial 

letter that set forth the proper process. Notwithstanding an absence of an excuse for the neglect, and in spite of the evenly 

balanced factors, the Court exercised its discretion and granted the Rule 4(m) extension because of the Second Circuit’s 

stated preference for resolving disputes on the merits and because the statute of limitations likely would bar any refiling of the 

lawsuit. 

Motion to Compel Arbitration 

In Pool Deals, LLC v. United Parcel Service, Inc., No. 20-cv-47-JLS (Apr. 16, 2020), plaintiff obtained a state court temporary 

restraining order enjoining defendant from collecting certain shipping costs charged to plaintiff. Defendant then removed 

the action and sought to compel arbitration of the parties’ dispute based on a provision in defendant’s terms of service, which 

it contended was incorporated by reference in the parties’ underlying agreement. Plaintiff opposed, arguing that defendant’s 

terms of service did not govern the parties’ dispute because the dispute relates to billing, and not services. Consistent with 

“the strong federal policy favoring arbitration,” the Court compelled arbitration and stayed the action, finding that plaintiff 

was presumed to know—and to have consented to—the contents of the parties’ underlying agreement, which incorporated 

the terms of service, and its arbitration provision, into the agreement by reference. The Court then found that defendant had 

not waived the right to insist on arbitration because it made its motion before answering plaintiff ’s complaint, and prior to 

undertaking any discovery in the action. 

Motion to Amend 

In Bank of America, N.A. v. Tenpay LLC et al., No. 19-cv-674-JLS (Apr. 21, 2020), a fraud action, plaintiff filed an amended 

complaint 20 days after one defendant moved to dismiss the original complaint and a second defendant answered that Judge 



WESTERN DISTRICT CASE NOTES 


complaint, but more than 21 days after a third defendant had answered the complaint. Plaintiff argued that, when multiple 

defendants are sued, plaintiff has 21 days as to each defendant to amend as of right under Rule 15(a)(1)(B). The Magistrate 

Judge rejected that interpretation, concluding instead that plaintiff had only one opportunity within 21 days of the first defense 

response in order to amend its complaint as a matter of course, and therefore the amended complaint was not timely. The 

Court disagreed, and ruled that the 21-day period embodied in Rule 15 for amendments “as of right” should be applied to each 

defendant separately, and therefore plaintiff was entitled to file its amended complaint as of right as to the second defendant to 

answer and the defendant who moved to dismiss. 

Statute of Limitations to Foreclose a Mortgage 

In West Coast 2014-7, LLC v. Mackinnon, 19-cv-888-EAW-HKS (Apr. 21, 2020), plaintiff commenced an action to foreclose 

a mortgage encumbering defendants’ real property, and defendants moved to dismiss. In support of their motion, defendants 

argued that the commencement of a prior foreclosure action in 2008 accelerated their entire indebtedness, rendering this 

subsequent action barred by the statute of limitations. The Court denied the motion, finding that defendants had not met 

their burden of establishing that the purported acceleration of their entire indebtedness—based solely on a different plaintiff ’s 

commencement of the 2008 foreclosure—was valid, because acceleration “is only valid if the party making the acceleration had 

standing at the time to do so.” Here, because defendants failed to demonstrate that the plaintiff in the 2008 foreclosure action 

was the lawful holder or assignee of the note evidencing defendants’ indebtedness, the motion would be denied. 

Stay Pending Appeal 

In Up State Tower Co., LLC v. Town of Kiantone et al., No. 16-cv-69-FPG (Apr. 20, 2020) – an action alleging defendants 

violated the Telecommunications Act of 1996 by denying a special use permit to construct a public utility wireless 

telecommunications facility – defendants moved for a stay pending their appeal of a judgment entered against them. The 

Court denied that stay upon finding that defendants had not shown that the relevant factors favored granting such a stay under 

Rule 62(d). Defendants failed to demonstrate the two “most critical” factors, that they would likely succeed on the merits of 

their appeal, and that they will suffer irreparable harm. Defendants had merely repeated the arguments that had already been 

made to and rejected by the Court in denying their motions for summary judgment and reconsideration, thus falling well short 

of the “strong showing” required to demonstrate a likelihood of success on the merits, and the harms defendants asserted would 

result from no stay were neither actual nor imminent but instead were “remote and speculative.” The Court also determined 

that the third and fourth factors – whether issuance of the stay would substantially injure other parties and where the public 

interest lies – were at best neutral, particularly when the telecommunications tower could be removed if defendants prevailed 

on appeal and substantial evidence of a significant gap in wireless service, indicating the stay arguably would not be in the 

public interest. 

Motion to Enforce Oral Settlement Agreement 

In Scalia v. Agave Elmwood Inc., No. 17-cv-605-EAW-HBS (Apr. 28, 2020)—an action by the U.S. Secretary of Labor alleging 

that defendants failed to pay restaurant employees minimum wage and overtime premiums—plaintiff moved to enforce a 

purported settlement that was the subject of extensive negotiations, but which was never reduced to writing and signed by the 

parties. Noting first that a party seeking to enforce a purported settlement agreement has the burden of proof to demonstrate 

that the parties actually entered into an agreement, the Court considered the Second Circuit’s four-part test for determining 

whether the parties intended to be bound in the absence of a document executed by both sides. In weighing those factors, the 

Court found the parties had not. In particular, even though defendants had not expressly reserved the right not to be bound 

in the absence of a signed writing, the Court recognized that settlement agreements of this nature are typically committed 

to writing. And, while observing—without deciding—that a one-week interruption in the prosecution of the action, based 

on plaintiff ’s cancellation of certain depositions, may constitute partial performance of the purported agreement, the Court 

ultimately found the purported agreement “was not fully negotiated,” requiring denial of the motion.


Bulletin 

FALL 

2020 

Volume 60 

No. 2 


NEW MEMBERS 

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

Heather R. Abraham 

Lori Carbaugh 

Annisa Chaudari 

Allison Cullens 

Chad Davenport 

Dwight D. Eagan 

Tracy L. Edwards 

Claire Esmonde 

It’s great to belong to something this good! 

Michael D. Flessa 

Joseph G. Frazier 

Carolyn Grennell 

Alexandra Harrington 

Zachary Kieser 

Jamie Leberer 

Chuancheng Lin 

Katrina M. Loss 

Gregory T. Measer 

Michelle Moncher 

Frank Pardo Narvaez 

Lucy Pannes 

Dominique Tauffner 

Nicholas Paul Tuttle 

Sherrie Webber 

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 

Advance Survey Group 

Berzer & Wolf 

Black Oak Group 

Brian P. Brady, Architect 

Charles J. Sellers & Co, Inc. 

Eric Doherty 

Feroleto Law 

Hagelin Spencer 

James P. Renda 

Jeffrey Freedman Attorneys 

Krista Gottlieb 

Law Office of Michael Menard 

Paramount Settlement Planning 

Pusatier, Shermon, Abbott & Sugarman LL 

Smith Murphy and Schoepperle 

St. Thomas More Guild 

UB School of Law 

William Mattar, PC 

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34 

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BAEC Fall 2020 Bulletin

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