The AdvocateSummer 2015

The Dutchess County Bar Association P.O. Box 4865 Poughkeepsie, New York 12602 Phone: (845) 473-2488 www.dutchesscountybar.org DCBA 2015

2015 - 2016 Executive Committee Save the Date

Sharon Faulkner, Esq.Ostertag, O’Leary, Barrett & Faulkner

President

Kelly Traver, Esq.Wallace & Wallace

President- Elect

Jeffrey Battistoni, Esq.VanDeWater & VanDeWater

Vice-President

Veronica McMillan, Esq.Lewis & Greer

Secretary

Mark Starkman, Esq.Treasurer

Rachel Flannagan Frost, Esq.Assistant Treasurer

Hon. Frank Mora City of Poughkeepsie Court Immediate Past President

Hon. Joan Posner Dutchess County Court

Judiciary Liason

________________________________The Advocate is a publication of the Dutchess County Bar Association. Submissions are always welcome, and can be sent via email to janna@dutchesscoun-tybar.org or to P.O. Box 4865, Poughkeep-sie, NY 12602.

Ad rates vary. Please contact us via the methods described above for more infor-mation.

***The DCBA does not edit member con-tributions or advertisements for content, accuracy or style***

September 17, 2015Past President’s Dinner

5:30 p.m. Reception, 6:30 p.m. DinnerThe Poughkeepsie Grand Hotel

Invitation to follow.

October 8, 2015Meet the Candiates Lunch

12:15 p.m.The Poughkeepsie Grand Hotel

$22 for members paid in advance,$27 for walk-ins and guests

November 19, 2015November Lunch

12:15 p.m.The Poughkeepsie Grand Hotel

$22 for members paid in advance,$27 for walk-ins and guests

December 10 2015December Lunch

12:15 p.mThe Poughkeepsie Grand Hotel

$22 for members paid in advance,$27 for walk-ins and guests

DCBA 2015

President’s Page

Sharon Faulkner, Esq.

Dear Fellow Members of the Bar:

Thank you for electing me as your President at the Law Day Celebration & Annual Dinner on May 7, 2015. We were honored to have United States Attorney Preet Bharara as our keynote speaker this year, who gave an inspirational speech. Among his remarks was his definition of the difference between a good lawyer and a great lawyer. He noted that “a good lawyer makes a living, a great lawyer makes a difference.”

During the Law Day Celebration in May and during our luncheon in June, awards were presented to some great attorneys who strive to “make a difference.” I again want to congratulate Jeffrey Feldman, Esq., the re-cipient of the Gartland Award, Debra Frangk, Esq., the recipient of the Law Guardian of the Year Award, and Carla Tesoro, Esq., the recipient of the Amee VanTassell Young Lawyer Award. All three embody the quali-ties of a “great lawyer” who makes a difference.

I also want to extend my thanks to our immediate Past-President, Hon. Frank Mora, for his leadership during this past last year and his sense of humor that makes our Executive Committee meetings a joy to attend. I am grateful that he will be on the board for another year!

I thank Hon. Peter M. Forman, for his tireless work as both an officer of the Dutchess County Bar Asso-ciation Executive Committee, as well as our judiciary liaison when his last term as an officer expired. He graciously agreed to administer the oath of office to your new officers at our Law Day Celebration, and I look forward to working with Hon. Frank Mora, Kelly Traver, Jeffrey Battistoni, Veronica McMillan, Mark Stark-man and Rachel Flanagan-Frost, this coming bar year. I also welcome our new judiciary liaison, Hon. Joan Posner, to the Executive Committee.

Following up on my brief remarks at our Law Day Celebration, I am hopeful that I will be able to increase member participation and increase our ranks by encouraging attorneys who practice in Family Court to join our organization. I am also striving to run efficient luncheons that promote fellowship, yet allow those mem-bers who attend to get “back to business” in a reasonable time!

I look forward to continuing the prior offerings of the DCBA and creating some new programs such as on-line videos that could provide the public with basic legal information on topics such as divorce or land-lord-tenant law.

I hope everyone has a great summer, and that I will see you all at our monthly luncheons!

Very truly yours,

DCBA 2015

2014 Composite PhotoThank you to those who had their photos taken for our 2014 Composite Photo.

16 X 20 prints will be available for pre-order for $30 each, unframed. After July 1, 2015 the cost increases to $35.

If you would like to order a print, please use the form below. Mail completed form and payment to the DCBA, P.O, BOx 4865, Poughkeepsie, NY 12602.

__________________________________________________________________________________________

Name:_______________________________________________________________________ Email:_______________________________________________________________________Address:_____________________________________________________________________ Phone:______________________________________________________________________

_______ 16 X 20 Composite Photo @ $30 each = _________

Total Enclosed = __________

DCBA 2015

Name: __________________________________________________________________

Firm : __________________________________________________________________

Office Phone: ____________________________ Fax: ____________________________

Email Address: ___________________________________________________________

Office Address: ___________________________________________________________

________________________________________________________________________

Home Address: ___________________________________________________________

________________________________________________________________________

Home Phone: __________________________ Date of Birth: _______________________

Year Admitted to the Bar: __________________________

*** Your office address will be used for all mailings and directory listings unless otherwise specified. ***

Regular Membership Dues ......................................................... $125.00Sustaining Membership Dues ..................................................... $155.00Attorneys admitted two years or less ......................................... $50.00Full-Time Law Students.................................................................Free

Mail completed applications to: Dutchess County Bar Association P.O. Box 4865 Poughkeepsie, New York 12602

P.O. Box 4865, Poughkeepsie, New York 12602 (845) 473-2488 www.dutchesscountybar.orgDutchess County Bar Association

Membership Application

DCBA 2015

Out & About

US Attorney Preet Bharara was the keynote speaker at our Law Day Celebration & Annual Dinner. He is pictured above with Hon. Frank Mora, DCBA Immediate Past President.

US Attorney Preet Bharara was the keynote speaker at our Law Day Celebration & Annual Dinner. He is pictured above with Sharon Faulkner, DCBA President and Hon. Peter Forman.

At our June Awards Luncheon Art Gellert presented the Joseph H. Gellert Scholarship to Robyn Down-ing, a student at Pace Law School DCBA 2015

Out & About

At our June Awards Luncheon Larry Breslow presented the Ben Allen Breslow Award to Brigid Cruzer, a student at Our Lady of Lourdes High School and Linda Ye, a student at Stissing Mt. High School.

At our June Awards Luncheon Debra Frangk was presented with the Law Guardian of the Year Award. She is pictured above with Hon. Joseph Egitto, Hon. Denise Watson, and Sharon Faulkner

At our June Awards Luncheon the Amee VanTassell Young Lawyer Award was presented to Carla Tesoro. She is pictured above with DCBA President Sharon Faulkner.

DCBA 2015

APPELLATE COUNSEL Available to Members of the Bar for

Free Consultation on Appeals

Donald D. Brown, Jr., Esq. is available to handle appeals to all appellate courts. Don is a Past President of the Dutchess County Bar Association and a former editor of the St. John’s Law Review. He is a former Confidential Law Assistant to the Justices of the Appellate Division, Third Judicial Department and a former Assistant District Attorney of Dutchess County. He has handled and argued scores of appeals before the U.S. Circuit Court of Appeals for the Second Circuit, the Court of Appeals of the State of New York, the Appellate Divisions in the First, Second and Third Judicial Departments; and has been admitted to the bar of the U.S. Supreme Court. Don Brown is available to consult with counsel on any aspect of your case which may involve the possibility or necessity of an appeal. Fees are based upon the scope and complexity of the matter involved and are based upon a flat fee arrangement to be agreed upon in advance. In appropriate cases, a combination of contingency and flat fees can be arranged.

SPIEGEL BROWN & FICHERA, LLP WWW.SBFLAWYERS.COM

Practice Areas: Insurance Litigation ♦ Motor Vehicle Accident Litigation ♦ Construction

Accident Litigation ♦ Premises Liability Litigation ♦ Medical Malpractice Litigation ♦ Product Liability Litigation ♦ Professional Malpractice Litigation ♦ Commercial Litigation

♦ Contract Litigation ♦ Real Estate Litigation♦

Poughkeepsie, New York Beacon, New York 845) 452-7400 (845) 831-8840

DCBA 2015

From the Commission on Statewide Attorney Discipline

Office Space for Rent

Office for RentOffice space for immediate rental. The cost would be $700 per month and is available immediately. Office size approx. 9.5 feet x 11.5 feet (desk, chair and lateral file included). Access to library, copier, fax and free parking. Scheduled use of conference room for large meetings. Must arrange for own phone line.

If interested, please call 454-1200 and ask for Carol

Available Immediately: 3 Room Suite Office Space, Poughkeepsie NY460 Square Foot Suite of 3 rooms with lovely bridge/park views. Second Floor of the Historic Bardavon Office Building. $725/month______________________________________________375 Square Foot Office Second FloorHistoric Bardavon Office Building $500 /monthFor both inquiries contact: 845-240-7388

From Bench & BarChief Judge Jonathan Lippman created the Commission on State-wide Attorney Discipline to conduct a comprehensive review of the state’s attorney disciplinary system to determine what is working well and what can work better, and offer recommendations to en-hance the efficiency and effectiveness of New York’s attorney disci-pline process. In connection with its responsibility, the Commission will hold three public hearings to receive the views of interested individuals, organizations and entities.

The hearings will take place as follows: • July 28, 2015 11 a.m. to 1 p.m., New York State Court of Appeals, 20 Eagle Street, Albany, N.Y. 12207 • Aug. 4, 2015 1 p.m. to 3 p.m., Erie County Ceremonial Court-room, 92 Franklin Street, Buffalo, N.Y. 14202 • Aug. 11, 2015 11 a.m. to 1 p.m., New York County Lawyers’ Asso-ciation, 14 Vesey Street, New York, 10007

Among the issues under consideration by the Commission are whether New York’s departmental-based system leads to regional disparities in the implementation of discipline; if conversion to a statewide system is desirable; the point at which disciplinary charges or findings should be publicly revealed; and how to achieve dispo-sitions more quickly in an effort to provide much-needed closure to both clients and attorneys.

The Commission will consider both oral testimony and written submissions. All testimony is by invitation only. If you are interested in being invited to testify at the hearing, please send an e-mail to AttorneyDiscipline@nycourts.gov no later than 14 days in advance of the scheduled hearing at which you propose to testify. Proposed testimony should not exceed 10 minutes in length.

If requesting an invitation, please (1) identify yourself and your affiliation; (2) attach a prepared statement or a detailed outline of the proposed testimony, and specify which, if any, of the topics described above will be addressed, and; (3) indicate at which of the hearings you would like to deliver the testimony. In advance of the hearing, invitations to testify will be issued and will include an ap-proximate time for each presenter’s testimony. For those not invited to present oral testimony, the proposed testimony will be deemed a written submission for consideration by the Commission.

Persons unable to attend a hearing or interested in only making a written submission may submit their remarks by e-mail to Attor-neyDiscipline@nycourts.gov at least seven days in advance of the hearing, or by mailing the submission to the Commission at:

Commission on Statewide Attorney Disciplinec/o The Honorable A. Gail Prudenti, Chief Administrative Judge 25 Beaver StreetEleventh FloorNew York, N.Y. 10004-2310Please note that any materials, submissions or statements provided to the Commission are subject to the provi-sions of the Freedom of Information Law and subject to publication by the Office of Court Administration.For further information and updates, please visit the Commission’s webpage at www.nycourts.gov/attorneys/discipline/

ISEMAN CUNNINGHAM RIESTER & HDYE, LLPWe are looking for an attorney with top academic credentials with a minimum of two years experience in health care law (NY experience a definite plus) for our Albany or Poughkeepsie office. Successful candidates will have excellent writing and client relations skills. Experience should include provider representa-tion and at least some of the following: fraud and abuse; Stark; corporate compliance; Medicare/Medicaid; medical staff is-sues and relations; affiliation and integration transactions and licensure; physician and hospital contracting; and regulatory and reimbursement issues. Competitive salary and benefit package. Please send resume, law school transcript and writing sample to Mary E. Lawson, Director of Administration, 9 Thurlow Terrace, Albany, NY 12203 or by e-mail to mlawson@icrh.com.

Position Available

Corbally, Gartland and Rappleyea, LLP welcomes Brooke D. Youngwirth as new Associate.

Brooke is from Saratoga Springs, NY and has a significant amount of experience working in the Hudson Valley as well as Upstate NY. Her most recent position was an Associate at the Albany law firm of Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., working within the Labor and Employment/Municipal Law Practice Groups. She has also worked at Shapiro, DiCaro & Barak, LLC in Rochester, and with John Fisher of Mainetti, Mainetti & O’Connor, P.C. in Kingston. Brooke is a graduate of The University of Miami and the State University of New York Buffalo Law School.

From Corbally, Gartland & Rappleyea

DCBA 2015

The SCRAM CAM and the SCRAM Remote Breath are the tools you need to successfully

represent your client.

These devices, recognized by the courts of New York, closely monitor your client’s blood

alcohol level on a 24 hour a day basis and provide you with the reports your client needs to

prove sobriety.

Both the SCRAM CAM, an ankle bracelet monitor, and the SCRAM Remote Breath, a portable

system using facial recognition technology, are reliable, affordable, easy to use devices heavily

relied on by family and criminal courts across the nation to address those suspected of being

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In a visitation or custody case, a DWI charge or a probation violation, this technology can

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To learn more call us at (845) 475-5641 or email at

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EsquirE Banking from Orange County Trust Company

attorneys understand what it means to advocate for the best interests of their clients. it’s what they’re sworn to do. it’s what they train to do. it’s what people expect from a great attorney.

We think attorneys deserve that same kind of dedication from their bank – including the specialized finances a law practice requires. Esquire Banking from Orange County Trust is a total banking package designed for attorneys and law firms.

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Call 845-341-5000, or visit orangecountytrust.com.

*Trusts, securities, and insurance products are not FDIC insured or insured by any Federal Government entity. Not bank guaranteed. Not a deposit. May lose value.

Middletown • Montgomery • Vails Gate • Chester • Goshen • Newburgh • Fishkill 845-341-5000 orangecountytrust.com

YOu’rE ThErE For your CliEnTs.Your bank should be there for you.

3 Esquire Banking Power line of Credit up to $500,000 (no annual financials required)

3 individualized loans and lines of credit to meet your needs

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3 Competitive money market accounts

3 Trust and Estate services

3 Free investment consultation through our partner, Hudson Valley Investment Advisors*

3 No Annual Fee safe deposit box (subject to availabilty)

Member FDIC

DCBA 2015

McCabe & Mack LLP would like to recognize J. Joseph McGowan

for his 50 years of service to our firm.

We congratulate our colleague, mentor and friend on his outstanding achievement!

63 WASHINGTON STREET . POUGHKEEPSIE, N.Y. 12601 WEBSITE: WWW.MCCM.COM

845-486-6800DCBA 2015

DUTCHESS COUNTY PRO BONO LOCAL ACTION COMMITTEE

VOLUNTEER ATTORNEY PROGRAM

REGISTRATION FORM Please fill out the form below to register for the Volunteer Attorney Program:

First Name__________________ Last Name________________________________________ Address_______________________________________________________________________ City_____________________________________________________ State ________________ Zip Code_______________________________ Phone Number __________________________ Fax # __________________________________ E-mail address __________________________ I am willing to accept pro bono referrals in the following areas of law: CONSUMER __ Bankruptcy __ Collection __ Unfair Sale Practices DISABILITY __ Special Education __ Guardianship __Supplemental Needs Trusts HEALTH AND PUBLIC BENEFITS __ Medicaid __ Health/Life Insurance __ SSI/SSD __Social Services Fair Hearings MATRIMONIAL __ Divorce __QDRO’s

HOUSING __ Landlord/Tenant __ Public/Subsidized Housing __ Real Property __ Foreclosure Defense FAMILY __ Family Offense/Orders of Protection __ Child Custody __ Support (Child/Spousal) __ Adoption MISCELLANEOUS __ Wills/Probate __ Employment Law __ Tax Matters __ Other (Please specify) __ Elder Law

__ Post Judgment Relief/Enforcement Foreign Language Skills_________________________________________________________________ Have you ever had your license to practice law suspended or been found guilty of malpractice? _____

*(if yes, please explain on back of page)

Would you be willing to assist clients with document review in Uncontested Divorce Cases? Yes No

Please circle if applicable: gov’t atty court atty non-profit atty

ATTORNEY SIGNATURE_________________________________________________

PLEASE RETURN TO: Dutchess County Bar Association

P.O. Box 4865, Poughkeepsie, NY 12602 Or email to janna@dutchesscountybar.org

DCBA 2015

C U S T O M S U I T S & S H I R T S

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MAKE YOUR APPOINTMENT TODAY : 845-296-1200

DCBA 2015

EXECUTIVE PROCESS SERVICE, LLC 39 MARKET STREET, 2ND FLOOR

POUGHKEEPSIE, NY 12601

Tel. 845-883-2300 fax. 845-883-2291

We serve all forms of legal documents:

Family Court – Petitions, Modifications, Support

Actions for Divorce

Civil Cases

Tenant Landlord

And much more…

We take GPS/Time and Date Stamped Photos on all attempts and completed services.

You will have access to our software to track the progress on any cases you give us at NO COST TO YOU!!

We will pick up documents from your office and drop off Affidavits.

www.executiveprocessservice.com DCBA 2015

DCBA 2015

.

Services Our experienced mediators mediate many different kinds of disputes. These include: separation agreements, property distribution, child support, maintenance, custody and visitation, as well as parent/child disputes, elder care issues, business disagreements, and family and inheritance issues What If One Spouse Has Already Seen a Lawyer? Having seen a lawyer is not at all incompatible with the mediation process. Parties are encouraged to get whatever legal advice they feel they need. Before or during the process and especially before a final agreement is signed, it is recommended that each participant discuss with his or her own individual attorney the relevant law and whether he/she wishes to enter into the proposed agreement.

Contact Us Please feel free to contact us if you have any further questions.

Kathryn S. Lazar, Esq. – 845-896-9651 or klazar@lazarandschwartz.com

Elizabeth K. Shequine, Esq. – 845-677-9801 or betsy@shequine.com

Mid-Hudson Divorce & Family Mediation Center 280 Route 82 Hopewell Junction, New York 12533 Phone: 845-471-7167 www.mhmediation.com DCBA 2015

www.babiarzreporting.com

RAISING THE BARon Legal & Business Reporting

Babiarz Court Reporting provides court reporting and complete litigation support services for trials, depositions, arbitrations, meetings, hearings and conferences. Our certified, experienced reporting services are backed by the latest technology and impeccable service.

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Hands-On Personalized ServiceExceeding your Expectations

11 Market St.Poughkeepsie, NY845-471-2511

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DCBA 2015

By the way, we’ll cost you no more than Bob. We could never take his place, but what we can do is let you both take peace of mind to your next family dinner – because when it comes to complicated estate matters, you were smart to trust experts.

Difference in cost: None Difference in expertise: We love you, Bob, but…

**Trusts, securities, and insurance products are not FDIC insured or insured by any Federal Government entity. Not bank guaranteed. Not a deposit. May lose value.

Middletown • Montgomery • Vails Gate • Chester • Goshen • Newburgh • Fishkill 845-341-5000 orangecountytrust.com

The first thing you want when choosing an executor to manage the terms of your last will and testament is Trust. And you should. That’s why many people choose family members. But that trustworthy family member often lacks the knowledge, skill, and experience to navigate through a complicated estate proceeding.

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DCBA 2015

DCBA 2015

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DCBA 2015

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DCBA 2015

GEORGE D. MARLOW COUNSEL TO

GELLERT, KLEIN & MACLEOD, LLP

IS AVAILABLE FOR PRIVATE MEDIATION AND ARBITRATION

George D. Marlow is a former Justice

of the Appellate Division, First

Department, and Supreme, County, Family, and Town

Courts in Dutchess County.

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DCBA 2015

DCBA 2015