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RICHMOND COUNTY BAR ASSOCIATION

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RICHMOND COUNTY BAR ASSOCIATION Powered By Docstoc
					                              R ICHMOND C OUNTY
                              B AR A SSOCIATION
2012 VICTORY BLVD.                                 STATEN ISLAND, N.Y. 10314                                      (718) 442-4500

SPRING                                                                                                                 2000


GIGANTE SWORN IN AS                                                SANGIORGIO HONORED BY
SUPREME COURT JUDGE                                                TRIAL LAWYERS
                                    Robert J. Gigante was            Honorable Louis
                                    sworn in as a justice of the   Sangiorgio        was
                                    New York State Supreme         honored     at    the
                                    Court on December 16,          annual dinner of the
                                    1999 in the Jurors waiting     Staten Island Trial
                                                                   lawyers Association
                                    room on Stuyvesant Place.
                                                                   on November 10th at
                                    Comments and remarks
                                                                   the Monte Bianco.
                                    were made by former              Association
                                    RCBA President Judge           Secretary Mario F.
                                    Philip Minardo, and former     Mattei was chairman
                                    RCBA President James           of the dinner.
                                    Dollard, and Kings County      Judge     Sangiorgio
                                    Bar Association President      was elected to serve
Steven Cohen.                                                      as president of the      Staten Island Trial Lawyers President
All of Judge Gigante's children participated in the program,       Board of Justices for     William Frew Jr., introducing Judge
Robbie (a law school senior), Giana, Chad and Christian.           Richmond County                       Sangiorgio.
New York State Attorney General Eliot Spitzer performed the        and is presently the
                                                                   supervising judge of the Supreme Court Richmond County.
actual swearing in ceremony
                                                                   A Popular jurist, Judge Sangiorgio has been honored
.Judge Gigante is presently assigned to the Supreme Court Kings
                                                                   numerous times in the past by the various Bar Associations
County.                                                            on Staten Island.
More photos inside...

                                                                    RICHMOND COUNTY BAR ASSOCIATION
    RICHMOND COUNTY BAR ASSOCIATION
                                                                                ANNUAL MEETING
            91ST ANNUAL BANQUET                                                     June 6, 2000
                                                                                  Mandalay Caterers
                      May 18, 2000                                        NOMINATING COMMITTEE
                                                                      Members of the RCBA who are interested in
                    Excelsior Grand                                  applying for director (a term of three years) are
                2380 Hylan Boulevard                                 invited to submit information, in confidence, to
                                                                               Marjorie Weinberg Rooney at
               Staten Island, New York
                                                                             P.O. box 140593, S.I., NY 10314
                                        PRESIDENT’S MESSAGE
                    Dear Colleagues,
                    Taking a further curve in the winding road to future events, let us recapitulate past and present:
                    Tackled and saddled (as in horses, not in football), our Continuing Legal Education Program, thanks to
                    the efforts of John P. Connors, Jr. and his Committee, is firmly committed to calendar, with content and
                    space established.
                    We all recognize that shake-out cruises occur for a reason, one being to invite constructive criticism with
                    regard to both procedure and substance. Your comments and thoughts on future locations, topics and
speakers are and will be appreciated.
Speaking of space, I am pleased to advise you that the prodigious and assiduous efforts of, inter alia, Mark S. Piazza, Thomas
J. Hall, the Executive Board, and Board of Directors have resulted in a proposal for the fiscally responsible acquisition of
square feet in an area convenient to the Saint George Court Complex.
Envisioned is movable space, which will consider accommodation of compliance with future CLE requirements, together with
possible EBT Rooms, Attorneys' Conference Rooms, and other necessities of professional life.
Again, suggestions are welcome.
Also of note is the fact that highly respected and equally irate, one of our colleagues very recently contacted me with a
message.
The message was more interrogative than declarative. How is it, counsel inquired, that copies of a technicolored cartoon
pamphlet, evidently funded by attorneys' registration fees, are disseminated to the public to posit the question of "Avoiding
Grief with a Lawyer."?
The a priori presumption of this cartoon pamphlet appears to be that, ab initio, there is an enemy.
The enemy is evident: the lawyer is the enemy. No professional relationship exists between lawyer and client. Rather, what
is presented is an uneven playing field, in which the client is the potential "victim" and the lawyer is the marauder.
Such a presumption is untenable. It is likewise untenable that our registration fees fund this message.
How is it, that we, as practicing attorneys, are required to fund, if not the demise of our profession, the tortuous road to it?
I am likewise reminded of the travails of our colleagues who serve on the Assigned Counsel Panels in both the criminal and
civil areas. While jurisprudential philosophy, and judicial and administrative comment and support, articulate the need for
the provision of legal services to the indigent, the hard facts remain. Good, Better and Best Attorneys serve on these Panels,
compensated by fee schedules which have not been increased since 1986. Moreover, the fee schedules for attorneys are
abysmally below those of others, including certified social workers, psychologists, psychiatrists, and similar court - appointed
professionals.
Are members of the Bar not entitled to fair compensation for their considerable expenditure of time, expertise, and services?
Finally, I continue to be personally and professionally dismayed at the evident misapprehension of our profession by press
and public.
Despite unwarranted criticism, members of our profession have acted nobly and selflessly, whether to express professional
and personal concern for colleagues and clients, or to express personal charity within our legal community and elsewhere.
When acts of charity and Rochmonis are excoriated; when public officials are denounced for being human; when attorneys
whose civil and criminal practices maintain their separate paths are criticized for "lack of objectivity", how possibly could the
press or public translate this humanity into the "Defense of Fraternity Brothers"?
We are proud of our profession, and those of us who practice in it.

                                                          Very truly yours,
                                                          Marjorie Weinberg Rooney
                                                          President


p. 2
         FROM THE EDITOR:                                                            RCBA JOURNAL
                                    Yes Virginia, there was a long
                                                                                      SPRING 2000
                                    stretch between issues.     It is
                                    said that the law is a jealous
                                                                              Alan D. Lasher - Publisher
                                    mistress, and its practice often
                                                                              Robert Amoury- Amongst Ourselves
                                    leaves little time for fun (like
                                    putting out an issue of the               Raymond Liebman- Tax Planning
                                    RCBA journal).
                                                                              Lance P. Armstrong- Elder Law
                                    But we have been trying.
                                                                              John G. O’Leaery- Personal Injury Lawyer
                                    I    made    arrangements     to
interview Eliot Spitzer, the NYS Attorney General.           I made           Elisa Lefkowitz- Secretary
arrangements to interview Hillary Clinton. I made arrangements
to interview Guy Molinari.        I am making arrangements to                         Layout & Printing by:
interview Rudy Guiliani. However, scheduling being the problem
                                                                                      •   J&E Graphic, Inc.•
that it often is, these interviews have not occurred, but I did
                                                                                     STATEN ISLAND • NEW YORK
prepare questions and faxed them out. Perhaps you can see the
pattern? Lawyers who pursue political careers.                                          718 494-6364
                                                                                     http://www.jegraphic.com
The questions I am asking these politicians are when, why and
                                                                                   Email: Sales@jegraphic.com
how they decided to become lawyers, and about their involvement
in their local bar association. Should make interesting reading.
Perhaps it might make you think about why you became a lawyer.                            THANK YOU
If that happens, fillout the questionnaire contained herein, and
                                                                        My family and I wish to thank everyone for their prayers
send it in and we will publish it. Perhaps next to Hillary's, Rudy's,
                                                                        and good wishes during my recent surgeries.
Eliot’s,or Guy’s..                                                      We were encouraged and heartened by the good wishes we
I also attempted to interview various administrative law judges of      received from Staten Island's legal community. The many
different agencies to no avail. Thanks to Kenneth Wolf (Corp            cards, letters, phone calls, flowers, food baskets, donations
Council) for his call to explain that it was because the City does      to the National Kidney Foundation, and other gifts were so
not allow its employees to talk to the press without its permission.
                                                                        very thoughtful.
                                                                        Unfortunately, as you all know by now, the transplant
Special thanks to Matt Sciarrino,Jr., for updating the telephone        surgery was unsuccessful - just a minor bump in the road.
list, and for creating its new format.                                  We can never adequately express our gratitude to Mario
So the rest of this edition is the usual nuts and bolts, my             Mattei and his family for the incomparable generosity of his
pontifications, some interesting, some helpful, and some useless
                                                                        kidney donation. When you start off with the generosity of
                                                                        Mario, coupled with the support of my family, staff and
information for your edification, your benefit, and your
                                                                        medical people, those things help me in dealing with my
amusement.
                                                                        situation.
Enjoy.                                                                  I feel great and expect to be back at my office real soon. I
                                                                        look forward to seeing you in my travels. Thanks again for
                                                                        your most genuine concern.
Alan D. Lasher

                                                                        WILLIAM L. MURPHY
                                                                                                                                p. 3
                                              Announc e me nts
               JOIN THE RCBA                                                  MARK YOUR DIARY
 If you know any attorneys who are not receiving this journal        April
because they are not members of the RCBA- lend them yours and
                                                                     12       CLE Seminar- Speaker Hon. Joseph J. Maltese
urge them to join. Call Elisa at the bar office (442-4500) for an
application.                                                                  Topic: Expert Witness in Civil and Criminal Trials :
                                                                              Presenting Medical, Scientific, Technical and other
               NEW MEMBERS                                                    specialized evidence
  The RCBA is pleased to welcome the following
                                                                     May
      new members and student members:                               1        Law Day
        Michael E. Benzi               Carole R. Larsen              18       RCBA ANNIVERSARY BANQUET AT
                                                                              EXCELSIOR GRAND
        Allen P. Cappelli             John R. Merlino, Jr.           23       CLE Seminar- Speaker Raymond L.
                                                                              Liebman, Esq.
   Arnold E. DiJoseph, III             Karen A. Pakstis
                                                                     June
    Angela C. Domanski                   Joanne Olson
                                                                     6        RCBA Annual Meeting, Election of Officers.
         David J. Gold                   Beth Ornstein                        Mandalay Caterers.
                                                                     14       CLE Seminar on Guardianships
        E-MAIL TO THE EDITOR                                         July
Alan,                                                                12       CLE Seminar- Speaker Vincent J. Gallo, Esq.
 I just finished reading the fall Bar Association newsletter.        * CLE Seminars are held at Wagner College, Spiro
Another great job as always. I will try to compile some funny        Communications Center, Room 2, 6:00 pm
statements that clients make to their lawyers, similar to your
"Actually said in Court" column. Examples:                                               ESQUIRE ?
  "I want to sue my husband for a divorce based upon cruel and      Why do lawyers often use the title "esquire"
unusual treatment because we have irricontirveable differences. I   after their name?
no longer have any rappaport with my spouse. Is the money going     Those who hold jaundiced views of lawyers or who thought
to be held in escarole. Do I have to sign this before a notary      "esquire" identified a subscriber to a prominent American men's
republic? "                                                         magazine may be shocked to learn it's a term of dignity.
  For your listing my firm and I can be reached at                  Esquire was originally an English title, which placed the holder
rcohen@lawyers.com.                                                 of it somewhere between a gentleman and a knight. It originated
  Best regards and again thanks for another great issue.            with the squire, the fellow who assisted a knight.
 Bob Cohen                                                          In England, squire came to be a title accorded to a prominent local
                                                                    landowner, and esquire eventually was adopted as a bit of extra
         REGISTER YOUR DOMAIN                                       window dressing after the name of just about any professional
                                                                    person.
            NAME FOR LESS !
             WWW.YOURNAME.COM                                             WELCOME JUDGE SMITH
          RESERVE IT TODAY BY VISITING                              The RCBA is pleased to welcome Justice Kathryn M. Smith.

        www.jegraphic.com/register                                  Judge Smith is currently assigned to the Home Port and is
                                                                    handling Matrimonials.
p. 4
             GIGANTE SWORN IN AS SUPREME COURT JUDGE




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                                                                                                                    p. 5
               SANGIORGIO HONORED BY TRIAL LAWYERS




          THE MOVE TO 130 STUYVESANT PLACE CONTINUES
The Civil Term of the Supreme Court Richmond County, Clerks Office moved into its new quarters at across the street to
130 Stuyvesant Place on the third.
The physical move took place on a weekend, Friday running across the street, Monday in the new offices. All of the staff
contributed their time to make the move and transition orderly.
We had another opportunity to speak with Mario Esposito, our County Clerk, who gave us several hours of his valuable time
to lead us on a tour of the new facility as well as some insight of what is to come.
The Library will be moving by the time that this issue goes to press.
Thereafter an official opening will be announced, along with a tour for the members of the RCBA vicariously through its
editor.
Thanks to John Quick, Jayne Coleman and Mario Esposito.
p. 6
      130 STUYVESANT PLACE
                    Basement
                    Records, Storage,
      Vault for Ancient Documents and Sealed Files
         Naturalization and Citizenship Records
                  Condominium Section
                     1st Floor
             Law and Equity Department,
            Records of the Supreme Court,
                     Court Desk
                 Business Certificates
         Deputy County Clerk Carol M. Fietkau
              Supreme Court Computers

                    2nd Floor
    Registrar's Office, Cashier & Revenue Divisions
         Notaries, Hunting & Fishing Licenses
    Passports, Real Property Records, Micro Fiche
              County Clerk Mario Esposito
         Deputy County Clerk Forbes D. Irvine
       Counsel to County Clerk John Marangos

                    3rd Floor
Chambers of Justice Thomas Sullivan, Appellate Division,
 Civil Term (Room 204 in the old County Court House)
                    Law Secretaries
                    Law Department
                     Law Library

                    4th Floor
           Public Administrator Gary Gotlin
           Crime victims, Juvenile probation

                    5th Floor
                 Not for Profit Groups
                    6th Floor
   Family Court and Tort Divisions of Corp Counsel
          Jay O’Donovan, City Councilman

              8th & 9th Floors
               District Attorneys Office
            120 Stuyvesant Place
                   Division of Juries

                                                           p. 7
       RICHMOND COUNTY BAR ASSOCIATION
              HOLIDAY PARTY




p. 8
                             THE PERSONAL INJURY LAWYER
                                                   By: John G. O’Leary, Esq.
                                                                                                strongly recommended that you follow up
REGULATION 68 NO-FAULT CHANGES                                                                  to make sure that your client’s medical
                                                                                                providers and employers submit their
EFFECTIVE FEBRUARY 1, 2000                                                                      health service proof of claim and wage
In November of 1999 the New York State         Regardless, you shall be responsible for         verification forms within the required forty
Insurance Department ambushed the              having your client file that application         five (45) days.
consumers of the State of New York by          within the thirty (30) day period unless the     Also, under the former regulations,
amending the existing no-fault regulations     client submits written proof providing clear     insurance carriers were only permitted to
with a set of sweeping changes to the          and reasonable justification for failure to      demand examinations under oath (EUOs)
administration of no-fault claims almost all   comply with such time limitations.               under limited circumstances usually
of which universally benefit the insurance     It is strongly urged that all law offices keep   involving the suspicion of fraud. Those
industry to the detriment of consumers.        generic no-fault applications on file to be      limitations have been completely removed
The new no-fault regulations are effective     executed by your client during your case         from the amended regulations. The
February 1, 2000 and apply to insurance        intake. If you require a copy of a generic no-   regulations now provide insurance carriers
policies which are issued or renewed on or     fault application to be used with any
                                                                                                with essentially unharnessed authority to
after February 1, 2000. However, it is         insurance carrier, please call the Law Firm
                                                                                                conduct EUOs limited solely by their own
recommended that we get used to                of O’Leary & McMahon at (718) 448-8400
                                                                                                budgetary constraints.
complying with this regulation for any new     for a copy.
                                                                                                It is recommended that you review the no-
case after February 1, 2000.                   In addition, the new no-fault regulations
                                                                                                fault regulations thoroughly. Also, keep a
As of February 1, 2000 we MUST be sure         require medical providers to submit their
that our clients execute a complete no-fault   written proof of claim for health service        journal of all insurance company practices
application (NF-2) from within 30 days of      expenses within forty five (45) days of the      which appear to be unfair business
accident.      Unfortunately,     insurance    date of service as opposed to the former one     practices against your clients and file
companies usually do not send the              hundred eighty (180) days. In addition,          complaints with the New York State
company’s no-fault application to our client   wage loss verification must also be              Insurance Department regarding those
or our office within the time period.          submitted within forty five (45) days. It is     unfair and deceptive business practices.


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                                                                                                                                            p. 9
           NEW ACKNOWLEDGEMENT                                                            BARBER POLL
The Real Property Law is amended by adding a new section 309-              Why does the barber's pole have red and white stripes?
a, which is effective September 1, 1999 and which reads as                 Before the 1700s, in addition to cutting hair, barbers throughout
                                                                           Europe pulled teeth, performed minor surgery, and practiced
follows:                                                                   bloodletting (ouch, and I don't even trust my barber to make my
309-a. Uniform forms of certificates of acknowledgment or proof            sideburns even).
The certificate of an acknowledgment, within the state, of a               During bloodletting, patients squeezed a pole to allow their blood
                                                                           to flow more freely. The pole was often painted red to mask
conveyance or other instrument in respect to real property situated
                                                                           bloodstains.
in this state, by a person * must conform substantially with the
                                                                           At the end of the operation the pole was wrapped in the white
following form, the blanks being properly filled:                          bandages used during the operation and put outside the shop to
                                                                           air. As a result, a red-and-white pole became associated with
      State of New York )                                                  barbershops and barber guilds adopted it as their trademark.
                           ) ss.:
      County of - - - - - )
                                                                                                 NEW R.J.I.
                                                                           Available at the Civil Term clerks office which is now located at
      On the - - - - -day of - - - - - - - - -in the year - - - - - - -
                                                                           130 Stuyvesant Place, 3rd Floor.
      before me, the undersigned, a Notary Public in and for
      said State, personally appeared, - - - - - - - - - - - - - - - - -          LAST WILL AND TESTAMENT
      -, personally known to me or proved to me on the basis               What's the difference between "will" and "testament" in "last will
      of satisfactory evidence to be the individual(s) whose               and testament?"
      name(s) is (are) subscribed to the within instrument and             Admit it: you've been hearing and saying this expression for
      acknowledged to me that he/she/they executed the same                years without knowing the difference between the two. In fact,
      in his/her/their capacity(ies) , and that by his/her/their           these days they are seen by some as virtually synonymous. But it
      signature(s) on the instrument, the individual(s), or the            wasn't always so.
      person upon behalf of which the individual(s) acted,                 Strictly speaking, will refers only to real estate. Heirs patiently
      executed the instrument.                                             listening to the disposition of dear departed Aunt Sadie's costume
                                                                           jewelry so they can find out who gets the condo in Miami Beach
                                       (Signature and office of
                                                                           are familiar with the difference.
individual taking acknowledgment)
                                                                           Testament refers to personal property. Throughout history this
                                                                           has meant just about everything except real estate, from ships to
*Per the Richmond County Clerk's office this form also applies to          TVs. My Star Trek lunchbox from the fifth grade is the personal
Corporate acknowledgments.                                                 property crown jewel of my estate.




p. 10
                                                                                     RCBA STANDING COMMITTEES
    WHY DID YOU BECOME AN ATTORNEY?                                                 CHAIRPERSONS & AD HOC COMMITTEE
                                                                                             CHAIRPERSONS
These are the questions that were sent to Rudy, Hillary, Eliot, and Guy.        Administrative Ct. Committee-Kevin Elford
                                                                                Admissions Committee- Albert P. DeLillo
(Becauase they are not actively in the practice of law, they were also asked    Appellate Div. Committee- John Z. Marangos
                                                                                Bench & Bar Softball Classic-
questions regarding their license status, and CLE, etc.)                        James H. Birch
                                                                                James P. Braisted, Jr.
                                                                                Jonathan Poznansky
Take a minute and fill out the questionnaire and we will publish some of the    Building Committee-Mark S. Piazza
                                                                                By-Laws Committee-Wayne M. Ozzi
responses in whole or in part. Judges are invited.                              Budget Committee-James H. Birch
                                                                                Capital Punishment Committee-Felix Gilroy
1. When and why did you first decide that you wanted to be an Attorney?         Capital Planning/New Charter-
                                                                                Anthony I. Galante
                                                                                Civil Court Committee- Mark S. Piazza
2. Did you have any law related positions while in law school?                  CLE- John P. Connors, Jr.
                                                                                County Clerk Committee -Anthony P. Barone
3. What was your first job out of law school?                                   Ct. Reform and Expansion-Joseph E. Magnotti
                                                                                Criminal Ct. Committee-Theodore J.G. Cotter
4. What other positions have you held as an Attorney?                           Dinner Dance Committee- Andrea Morse
                                                                                Education Committee- John P. Connors, Jr.
                                                                                Federal Court Committee- Patrick C. Gatins
5. (Attorneys in firms or in government) Did you ever consider hanging a        Fee Arbitration Committee-Neil McBrien
                                                                                Golf & Tennis Outing-
shingle?                                                                        Jack Stern, Jay S. Duskin, James H. Birch
                                                                                Grievance Committee- Richard Corash
6. What types of matters did you handle as an attorney? Did you do any Court    Guidelines for Indigent Defend.
                                                                                Theodore J.G. Cotter
work?                                                                           Historical Committee- Costa N. Tesnakis
                                                                                Holiday Party Committee-
                                                                                James H. Birch, Johnathan Poznansky, Mark S. Piazza
7. Were you a member of your local bar association? If so, were you active?     Insurance Committee-
                                                                                David G. Ironman, David W. Lehr
8. What other bar associations are you a member of? What other States?          Judiciary Committee- Peter J. Napolitano
                                                                                Law Day Committee- Anthony A. Bisignano
                                                                                Lawyer Helping Lawyer Comm. -Paul Scano
9. Would you recommend the law profession to your child?
                                                                                Legal-Medical Committee- Myron G. Lasser
                                                                                Legal Technology Committee-
Fax your answers to: 727-2976 or email to RCBANEWS@aol.com                       Jack Stern, James E. Sak
                                                                                Legislation Committee-
                                                                                Myron G. Lasser, Peter J. Napolitano
                          THE INTERNET                                          Matrimonial Committee- William J. Frew, Jr.
                                                                                Membership Committee-
Imagine someone absent-mindedly going to check their email one day, then        Michael M. Walsh, George A. Sieghardt
                                                                                NYS Bar Delegates Committee
suddenly realizing that it hadn't yet been invented. Actually it would have     Andrea Morse,Toni Ann Barone,Kim Dollard
                                                                                Negligence Section Comm.-Myron G. Lasser
been more appropriate if this mythical person had wanted to download Quake
                                                                                Network of Bar Leaders- Daniel Marotta
or Doom, because it was the U.S. Department of Defense that first ventured      Newsletter Committee- Alan D. Lasher
                                                                                Professional Ethics Committee-Wayne M. Ozzi
into cyberspace.                                                                Real Estate Section Committee-
                                                                                Thomas J. Hall, R. Randy Lee
It began in 1969 with ARPAnet, a small, restricted computer network that        Referral Committee- Grace V. Mattei
allowed scientists doing Pentagon research to communicate. In the early 80's    Remembrance Committee- Robert J. Amoury
                                                                                Supreme Ct. Civil Committee-
military research was shifted to another network and the National Science       Myron G. Lasser, Duane Felton
                                                                                Surrogate's Ct. Committee- John Peter Sipp
Foundation took over the old ARPA technology and opened it to the public. At    Tax Committee- Raymond L. Liebman
first, only the techies showed up on line. Gradually schools connected. Then,   Unlawful Practice Comm.- Thomas J. DeVito
                                                                                Voluntary Pro Bono Comm.- David W. Lehr
as PC's proliferated, public online services such as CompuServe were started.   Young Lawyers Section-
                                                                                Toni Ann Barone, Daniel Marotta
The point and click Web, with graphics, arrived in the early 90s. And, of       All members are invited to contact the Chair of any
course, it all culminated with MailBits.com. Now that's progress.               committee they wish to join.

                                                                                                                                  p. 11
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p. 12
                                                 ELDER LAW
                                             By: Lance P. Armstrong, Esq.
The January/February, 2000 issue             MEDICAID, SPOUSAL REFUSAL AND MEDICAID LAWSUITS
published by the malpractice insurance       AGAINST THE COMMUNITY SPOUSE WITH EXCESS RESOURCES
company, Bertholon-Rowland Corp.,            FOR RECOVERY BY MEDICAID OF THE COST OF CARE OF THE
contained a "Liability Update" entitled      INSTITUIONALIZED OR HOME CARE SPOUSE
"Elder Law Pitfalls for the General          Social Services Law section 366-            required to pay, effectively receives a
Practitioner".                               c(5)(b) provides that an institutional-     significant discount from the private
                                             ized spouse shall not be ineligible for     pay nursing home or home care rate.
The article is intended as a "heads up"
                                             medical assistance by reason of excess      The leading cases dealing with this
to the practitioner not involved in elder
                                             resources ($81,960 1999 resource            strategy are Commissioner of the Dept.
law who is likely to encounter some          limit) held by the community spouse.        of Social Services of New York v.
elder law problems. I recommend all          Eligibility is contingent upon the insti-   Fishman, N.Y.L.J., July 23, 1998, p.22,
non-elder law practitioners to read this     tutionalized spouse executing an            col.3; In re Craig, 82 N.Y.2d 388, 504
article as it provides an excellent guide    assignment of support from the              N.Y.S.2d 908, 624 N.E.2d 1003 (1993);
to developing your own rules and             community spouse in favor of DSS            Steuben County Dept. of Social
procedures to avoid claims and, at the       (New York State Department of Social        Services v. Deats, 76 N.Y.2d 451
                                             Services). Hence, DSS may commence          (1990); Dept. of Social Services of
same time, provide your clients with the
                                             an action against the community             New York v. Spellman, 672 N.Y.S.2d
opportunity to retain elder law counsel
                                             spouse to recover the cost of skilled       298 (1st Dept. 1998) which provide the
to obtain dramatic asset protection even
                                             nursing home or home care if the            successful defenses that may be raised
after nursing home residence has             community spouse resource limit
                                                                                         against the lawsuit by DSS.      Craig
commenced.                                   exceeds $81,960 (1999). This action
                                                                                         stands for the defense that if the
In the last issue of the Richmond            by DSS is based upon the assignment
                                                                                         responsible relative lacked sufficient
County Bar Journal, the Elder Law            and/or upon Social Services Law
                                                                                         income and resources at the time
Committee published an article for the       section 366(3)(a) which provides for
                                                                                         Medicaid services were provided, no
                                             the creation of an implied contract
tort bar concerning the treatment of                                                     implied contract is created (also see
                                             between DSS and the responsible
settlements and the effect of Medicaid                                                   Steuben County Dept. of Social
                                             person, usually a spouse, for payment
liens.   That article dealt with the                                                     Services v. Deats 76 N.Y.2d 451
                                             of the cost of medical assistance for
holding of Cricchio v. Pennisi, 90 N.Y.                                                  (1990)).
                                             skilled nursing or home care for the
2d 296, 305 , 660 N.Y.S. 2d 679 , and        institutionalized spouse.                   The Spellman case found in favor of
the requirement that Medicaid liens be                                                   DSS, holding that for purposes of
                                             Elder law attorneys generally
paid first before the establishment of                                                   recovery there was an implied contract
                                             recommend and advise community
                                                                                         which applied retroactivity to Medicaid
Special Needs Trusts.                        spouses with excess income and/or
                                                                                         approval.
In this issue of the RCB Journal, the        resources to have the institutionalized
                                             or the home care spouse apply for           The Fishman case was a procedural
article is intended for the matrimonial
                                             Medicaid for many strategic reasons,        case holding that "sufficient ability"
bar whose clients may be confronted
                                             not the least of which is that the          with regard to excess income or
with Department of Social Services           medicaid rate paid to nursing homes         resources of the community spouse
actions to recover the cost of an institu-   and home care agencies is significantly     must be alleged in the complaint as a
tionalized spouse's nursing home or          less than the private pay rate. The         condition precedent to the community
home care costs.                             community spouse, if sued and               spouse's obligation to reimburse DSS.
                                                                                                                          p. 13
                               R C BA ME MB E R S
        Abbondante, Karen        447-7398        DiVerniere & Cotter         667-9413
        Adams, Seymour           987-1622        Dollard, James A.           983-7899
        Adler, Michael           356-2379        Donlon, James               273-2777
        Ajello, Michael          338-8344        Donahue, Robert             442-4988
        Amabile & Erman          370-3656        Duskin & Crowe              727-2976
        Ameduri, Anthony         273-5219        Ducey, Marylou              273-4847
        Amoury, Robert           442-1188
        Amtzis, Michael          983-7078        Eckhardt, Nancy J.          390-8110
        Angiuli, Poznansky       727-5835        Elford, Kevin M.            667-8187
        Applebaum, Stanley       981-7388        Ellis, Jerome O.            987-1622
        Armstrong, Lance         979-9400        Emmer, Marvin               761-0094
        Asher, Roberta           720-1921        Esrick, Edward              667-4049

        Bacigalupo, Lisa         981-6928        Faljean, Gregory            351-7437
        Barone, Anthony          980-2098        Fastman, Lainie             273-3090
        Barone, Toni Ann         980-2098        Felig, Norman               981-5147
        Bartolone, Diane A.      981-3273        Felton, Duane               273-7546
        Baum, Jay                667-7128        File, Howard                494-1776
        Behrins, Bruce           816-5483        Finkelstein, Steven         273-0132
        Bello, Thomas            981-9588        Fiore, Marguerite A.        698-2203
        Berk, Marc, A.           983-6366        Fitzpatrick, Philip         273-0874
        Bernstein, Howard        981-4666        Fonte, Mark J..             448-8685
        Bernstein, Melvin        273-1019        Forster, Paul S.            987-2547
        Birch, James H.          442-1114        Frew, William J.            727-8985
        Birch, Jerome S.         442-1114        Friscia, John S.            273-5219
        Birmingham, Richard      948-4529        Fusco, John A.              816-8037
        Bosco, Bisignano         273-3388
        Braisted & Braisted      720-6033        Gaffney, Michael J.         273-0132
        Bramwell, George Y.       212/670-4558   Gaines, Alan                494-4192
                                                 Gaines, Spencer             494-4192
        Cafaro, Ralph P.         981-7106        Galante, Anthony            273-5219
        Casella, Ralph           987-3662        Gallo, Stephen A.           442-5088
        Chelli & Bush            667-8187        Gallo, Vincent J.           273-3101
        Clark, Christine         967-8364        Garpestad, Christopher      761-6581
        Codd, William C.         935-5778        Giacalone, Joseph F.        317-7495
        Cognetta, Carmen J.      816-5483        Giacobbe, Anthony           273-3134
        Cohen, Orin              727-2976        Gigante, Robert             494-8834
        Colonna, Maria           556-0333        Ginsberg, Gaines            494-4192
        Columbo, James           273-9526        Giventer, Barnet E.         727-6721
        Connors & Connors        442-1717        Goldfarb, Randy             273-3301
        Corash & Hollender       273-4847        Gotlin, Jennifer A.         983-6958
        Corbo, Diane             987-7787        Grae & Rybicki              981-6928
        Coscia, John B.          273-1850        Granite, Theresa            698-0325
        Cotter, Theodore         667-9413        Gyimesi, Aladar             667-8187
        Crawford, Barbara        727-6721
        Crismali, Vincent        852-8365        Hall & Hall                 273-3090
                                                 1st Flr. (Bkpg/Adm.)        815-3828
        D’Agostino, Jonathan     967-8677        2nd Flr. (R.E./Bank)        273-3090
        Dalton, John M.          876-6910        3rd Flr. (Lit./Est.)        876-0867
        Daly, John R.            720-5217        Closings (Michelle Russo)   447-3438
        Danna, Anthony           448-6820        Helbock, Robert J.          816-0718
        Deboissiere, Robert      720-3021        Henderson, Ann Marie        226-8692
        Decker, Arthur           351-3514        Howard, Steven P.           720-2116
        DeLillo, Albert          987-7830
        Delman, Norman           448-3751        Jacobi, Sieghardt           442-3148
        DeRogatis, R.            816-8420        Johnson & Langworthy        351-7949
        Dertinger, William       815-2897
        DeSantis, Carmine        351-4933        Klapper & Klapper P.C.      442-5088
        DeVito, Thomas           370-7394        Kraut, Lisa                 981-6928
        Diamond, Louis           876-0836        Kramsky, Les R.             356-5279
        DiMauro, Michael A.      351-7754        Kress, Robert               317-8668
        District Attorney        981-5893        Kuhn & O’Toole              720-2116
                                                 Kyle, Thomas                983-5088
p. 14
                                   FA X L IS T
Lahr, Dillon,Manzulli        981-6778         Sacco, George F.              420-9030
& Kelley & Pennett                            Sak, James                    668-0051
Langworthy, Leslie           351-7949         Scamardella, Robert           816-8037
Lasher, Alan                 504-3515         Scano, Paul                   983-5088
Lasser, Myron                727-9837         Schnorbus, Walter             987-1622
Lederman, Phyllis            948-0534         Sciacca, John                 979-7106
Lee & Amtzis                 983-7078
                                              Scoller, Marc                 720-5153
Leininger, William           667-7128
Lemole, Paul                 720-1882         Scotto, Buchansky-Francesco   668-2457
Lenza, Valerie               761-3510         Seigel, Martin                727-6837
Liebman,Raymond              987-5046         Sgarlato, Richard             273-9629
Leventhal, Jason R.          448-8685         Sharfstein, Calmin            987-1622
Long, Steven                 273-0132         Sieghardt, George             442-3148
                                              Simonson & Cohen              356-2379
Magnotti, Joseph             816-8699         Sipp, J. Peter                273-6009
Manno, Joseph D.             816-8699         Siracuse, George              273-5219
Marangos, John               442-1741         Soos, Robert                  420-1908
Marino, Michael D.           981-7388         Spillane, Eugene              448-8396
Marotta, Daniel C.           522-5477         Stern, Jack                   448-4509
Marrazzo & Dollard           983-7899         Stilwell, Rodney              442-0552
Mascolo, Anthony             273-3388
                                              Swaaley, Michael              966-0667
Materna, Joseph A.           317-7440
Mattei, Grace V.             983-7899
Mazzucco, Ronald             981-7388         Tamarin, Lloyd                983-6366
McKernan, Kevin              980-0694         Tamarin, Robert               698-7849
McLoughlin, Rory             273-0132         Tavolacci, Carl E.            667-5566
Menicucci Castellano         667-0700         Thompson, Lloyd D.            447-7250
Meyers, Jay                  727-2976         Titone, Matthew J.            420-9030
Miller, Claire Cody          815-2003         Tobin, William                448-8396
Miller, Gary                 983-7078         Tomei, Jeffrey                815-1872
Miller, Joseph               351-9071         Tropp, Charles                442-0923
Molinari & Taubman           987-0742         Tremer & Tremer               317-8550
Morelli, Janice              273-1850         Turvey, John J.               448-3863
Morse, Norman                442-2781
Murphy, John M. Jr.          448-8685
                                              Valentin, Jay                 982-7758
Nalley, Christopher          816-7669
Napolitano, Peter J.         816-8699         Wagner, Edward                667-3338
Nerlino, Gambale & Klapper   442-4988         Walsh & Keegan, Esqs.         816-6137
Nichas, Patrice G.           981-6482         Walsh, Michael                987-3929
                                              Ward, Thomas F.               981-1475
O’Donovan, Timothy, M.       556-0333         Weiss, Alexander              981-7388
O’Leary, John G.             448-8448         Werb, Lewis                   442-0406
Odowd, John, M. Jr.          273-0132         Wierzbowski, Anthony E.       698-2203
O’Neill, Stern               448-4509         Wynne, John H.                816-6137
O’Shea, Joseph               876-0841
Otterbeck, Harold J.         967-9374         Zaccone, John                 351-4545
                                              Zazzera, Kevin                351-4933
Pappas, Andrew               351-4933
Passarello & LaRosa          667-8936
Perniciaro & Lambert         667-0798
Peterson, Dennis J.          448-8685
Pezzoli, Raymond             876-0841
Piazza, Mark S.              442-3148
                                              Dated: April 2000
Pinzolo, Joseph E.           448-4207
Pocchia, Anthony             447-8299
Porzio, Ralph J.             273-0132             Please Submit additions and/or
Powell, Steven E.            983-7446
                                                          Corrections to:
Rampulla, Lawrence           761-3510
Rampulla, Robert
RCBA
                             668-0051
                             727-2976
                                                            442-4500
Richards, Kurt T.
Rocque, Bethany
                             720-1003
                             (908) 679-0156
                                                          Fax: 727-2976
Rohls, Alfred F.
Romagnolo, Joseph
                             727-0320
                             605-2200
                                                  Email: RCBANEWS@aol.com
Rooney, Kathryn              979-6940
Rooney, Marjorie W.          273-3134
Rudich, Yolanda L.           448-5784
Russo, Fusco et al           816-8037                                                  p. 15
                                       AMONGST OURSELVES
                                               By: Robert J. Amoury, Esq.
• Congratulations to Mr. & Mrs. Robert Minogue on the birth of their grandson.
• Congratulations to Andrew McGee for his award given by the Staten Island Botanical Garden.
• Congratulations to Jerry Neuberger on receiving an award from Temple Emanuel.
• Congratulations to Surrogate and Mrs. John Fusco on the wedding of their daughter.
• Congratulations to Mr. & Mrs. Bernard Savage on their 50th Wedding Anniversary.
• Congratulations to William J. Frew, Jr., a long-time member of the Richmond County Bar Association, who received the
  Paul Harris Award from Rotary for distinguished service to the community -- we are very proud of him.
• Heartiest congratulations to Norma D'Arrigo and Rodney Stilwell for their awards from the YMCA at their recognition
dinner.
• Congratulations to Eric and Helen Vitaliano on their newest addition to their family.
• Congratulations to Thomas Sipp on his marriage to Anastasia.
• Condolences to Michael J. Gaffney on the loss of his beloved father, Donald Gaffney.
• We're sorry to learn of the passing of a very gracious lady, Alice D'Iorio, who was a fine person.
• Condolences to Orin J. Cohen on the loss of his beloved father, Irving Cohen.
• Condolences to Hon. Howard A. Ruditzky on the loss of his beloved mother, Jeannette Ruditzky.




   RICHMOND COUNTY SAVINGS BANK
                                                          and

          The Richmond County Bar Association


          Partners in our Community’s Progress

p. 16
   Richmond County
    Bar Association
      91st Annual Banquet
                       May 18, 2000
                   Excelsior Grand
                     2380 Hylan Boulevard
                    Staten Island, New York


                Honoree of the year...
NYS Supreme Court Justice, and former President of the RCBA
               PHILIP G. MINARDO
                      Dinner Speaker
           The Honorable Joseph W. Bellacosa,
          Associate Judge of the Court of Appeals

                         - CHAIRPERSONS -
               Jonathan B. Behrins • Andrea S. Morse

       For further information please contact the Bar Office:

                       442-4500
                                                                p. 17
                                                    TO THE EDITOR
Alan D. Lasher
Editor
Richmond County Bar Association Bulletin
 Dear Mr. Lasher,
 I have enclosed copies of a letter sent to the editor of the Staten Island Advance and the January 9th editorial to which it responded.
 Since I have serious doubts about the Advance printing the letter, perhaps the Bar Association will reprint the editorial and the letter.
                                                                                       Very truly yours,
                                                                                       Bruce G. Behrins
                           STATEN ISLAND ADVANCE : JANUARY 9, 2000

 OUR OPINION
What were they thinking?
                                                                         personal crisis.


T
         he disclosure that District Attorney William Murphy and
         chief Assistant District Attorney David Lehr wrote letters      When the letters were made public, both Mr. Murphy and Mr. Lehr
         appealing for mercy on behalf of a couple of high-              took pains to downplay the missives' significance and the
         powered attorneys convicted on fraud and conspiracy
                                                                         effectiveness of this attempt to persuade the judge to be lenient.
charges surely falls under the heading of "What were they
thinking?"                                                               The question , then, is why they would do it at all, especially
The prosecutors sent their letters on official stationary last fall to   considering their positions. We're sure their professions of
Judge Carol Amon, who, on Thursday, sentenced Fredric Grae and           friendship for the convicted attorneys were heartfelt and perhaps, in
Thomas Rybicki, partners in the Castleton Corners law firm, each         a certain light, the prosecutors' loyalty could be viewed as
to a year, and a day in jail with $20,000 fines apiece. Their firm,      admirable.
Grae & Rybicki, was fined $80,000. The attorneys are appealing           But there is another perception that is far more troubling - that of a
the convictions and insist they will be vindicated.
                                                                         tight fraternity in Staten Island's legal community of prosecutors,
They originally faced sentences of 21 to 27 months in federal prison     attorneys and judges who are paid well and entrusted to represent
and significantly higher fines, until the judge discounted some
                                                                         different interests in court. Such professions of friendship and
evidence of bribes. Even with that, however, the maximum
                                                                         extraordinary testimonials by public prosecutors on behalf of
sentence could have been as high as 15 to 21 months with fines
ranging up to $96,000. Judge Amon reduced the sentences, over the        attorneys in private practice suggest that the adversarial roles of
strong objection of federal prosecutors, citing the attorneys'           these sworn officers of the court are more poses than anyone wants
respective personal hardships and past community contributions           to believe. The professional distance and objectivity expected of
and noting that Messrs. Grae and Rybicki "are not bad people."           these officials seems to have been deemed not worth even affecting
It's not clear that the highly irregular appeals for mercy from Mr.      in this instance because "fraternity brothers" were in trouble.
Murphy and Mr. Lehr influenced the sentencing. What is clear,            We understand that on Staten Island, as in many, many other cities
however, is that those appeals should never have been made.              and towns across the nation, the officials and attorneys who work in
They wrote their unusual letters to Judge Amon on official district      the courts every day come to be together in a fairly close-knit
attorney's office letterhead, but labeled their missives "personal and   community. But as one prominent Islander who knows all the
confidential."                                                           parties involved said of this case, "This goes beyond the pale."
Mr. Murphy's letter said, "my friend, Fredric Grae… is
                                                                         The human impulse on the part of Mr. Murphy and Mr. Lehr to do
fundamentally a good person." The district attorney cited Mr.
Grae's offer of comfort and legal advice when Mr. Murphy's               something on behalf of their friends is natural and understandable.
mother-in-law died and noted "this letter was not solicited from Mr.     But the responsibility to at least maintain the appearance of
Grae nor anyone representing him."                                       professional objectivity should have come first. They should have
Mr. Lehr wrote separate appeals on behalf of both partners,              simply expressed that ethical dilemma to Mr. Grae and Mr.
attesting to each man's character and conscientiousness. In the          Rybicki, with their regrets, and left it at that, in the knowledge that
letter for Mr. Grae, Mr. Lehr said that he and the attorney became       prosecutors actually writing letters on behalf of convicted parties to
"jogging buddies" and that "Fred was there for me" during a              influence a sentencing judge would be inappropriate and unseemly.
p. 18
p. 19
              - TA X P L A N N I N G -                                                                 S.I.B.O.R.
                    By: Raymond L. Liebman, Esq., C.P.A.                                               By: Thomas Maira
THE REQUIREMENTS OF                            a taxpayer is negligent or disregards rules or   It is my pleasure to state that I am
                                               regulations. As the taxpayers in this case       now the immediate past President of
PROPERTY INCOME AND
                                               were attorneys, the Court said that their        the Staten Island Board of Realtors
DEDUCTIONS FOR                                                                                  (S.I.B.O.R.). It has been an honor to
                                               failure to know the precedent was failure to
PERSONAL INJURY                                do what a reasonable person would do,            serve S.I.B.O.R. and our Real Estate
ATTORNEYS                                      negligent and a disregard of rules and           Community.
In prior articles I have written about the     regulations. The Courts decision to uphold       For your information the newly
problems that personal injury attorneys        the penalty reinforces the conclusion that       elected President is Hank Setaro and
have when they advance their clients           negligence is determined based on a              the President elect is Sophia Gibaldi
expenses and obtain reimbursement after        specific taxpayer; a personal injury law firm    with Rachel Gannon Vice President
the case settles or after a judgment is        is required to know the accounting methods       of Public Relations and Member
rendered. To review: the Internal Revenue      required for reporting income and expenses       services.
Service has taken the position and has been                                                     We are also proud to announce that
                                               for their type of business.
upheld by the Tax Court, that attorneys who
                                               GIFT TAX ON TUITION TRANSFERS                    our own George K. Wonica is the
represent clients in personal injury matters
                                                                                                current President of New York State
must account on a completed contract           Internal Revenue Code Section 2503(e)
                                                                                                Board of Realtors. S.I.B.O.R.
method and that advances (expenses for the     states that transfers directly to educational
case) cannot be deducted until the case                                                         Economic Development Committee,
                                               institutions in payment of another person's
settles and at that time must be offset                                                         which is a group formed by
                                               tuition are not subject to gift taxes. In a
against income received or reimbursements                                                       S.I.B.O.R., who are volunteers trying
                                               recent revenue ruling PLR19994/1013 - a
or take as a loss.                                                                              to make Staten Island a better place to
                                               taxpayer pre-paid more than $163,000.00 of
In Pelton and Gunther, P.C. v                                                                   live and work.
                                               her grandchildren's tuition at a private
Commissioner; TC Memo 1999-339 a                                                                I would like to extend my hand out to
                                               school.   The IRS ruled that the tuition
professional legal corporation that                                                             the Bar Association membership
                                               payments were gift-tax-free because the
specializes in defending personal lawsuits                                                      asking if anyone would like to join us
                                               payments were paid directly to the
received a $400 advance from insurance                                                          in a joint venture to improve our
companies for every case in which they         institutions for specified students in
                                                                                                quality of life on staten Island.
defended policyholders. As Pelton &            designated years and were non-refundable.
                                                                                                The Building Industry Association of
Gunther performed services, the firm paid      PLEASE KEEP THE DATE OPEN -
                                                                                                N.Y. City (BIANYC) through our
various expenses including filing fees,
                                               MAY 23, 2000                                     Constructed Industry United (CIU),
witness fees and deposition expenses. The
expenses often exceeded the $400 retainer      I will be holding a seminar at the Spiro         has recently been victorious in our
after a case was resolved, Pelton & Gunther    Center, Wagner College on Income Tax             ongoing court battle with the City of
billed the insurance company for services      Aspects of Real Estate Transactions.             New york regarding the school seat
rendered at an agreed fixed hourly rate and    The seminar will have an in depth review of      certification issue, and as of this
for the expenditures. It was Pelton and        Tax Free Exchanges under IRC Section             writing, the city has approximately
Gunther's practice to deduct expenditures                                                       six more days to appeal the court’s
                                               1031.     Other topics will be:      Income
when paid and to report income when it                                                          decision.
                                               taxation on repossessions and foreclosures
received retainers or settlements. The                                                          Once again it proves that you can
                                               and bankruptcy reporting requirements and
Internal Revenue Service denied the
                                               income taxation of capital gains on sale of      fight city hall and win. On another
expenditure deductions.
                                               investment properties, exclusion rule for        note, it is my opinion that the current
The Tax Court held that based upon
                                               personal residences and capital gain on two      Real Estate Market will continue to
precedent, the expenditures were advances
                                               family homes, passive loss offsets against       be positive and should be fine unless
and not deductible at that time. The Court
                                               current    gain    income,      depreciation     Mr. Greenspan forces the interest rate
upheld the imposition of an accuracy
related penalty under Internal Revenue         recaptured. Installment sales and home           past 9% to curtail inflation.
Code Section 6662. The penalty applies if      office rules.                                    I wish you all a prosperous year!

p. 20
           FOR YOUR HEALTH                                                      JEWISH LAWYERS
AB-SOLUTELY UNTRUE:
                                                                                LUNCHEON CLUB
If it seems like every other product on the market today begins
with 'Ab' (as in the Ab-dominizer, Abs of Steel, Ab-Master, etc.)
                                                                     Third Tuesday of the month at Dairy Palace.
                                                                     For more information call:
yes, you may be watching too much television. But are you
                                                                     Richard Rosenzweig, Esq. 447-8700
imagining things? Abs-olutely not. Are these marketing gimmicks
essential in grinding up an impressive midsection six-pack? Abs-
olutely not. In fact, the myth that abdominal muscles must be         MARY HAD A LITTLE LAMB
attacked with hundreds of crunches everyday is just that - a myth.   Who wrote "Mary Had a Little Lamb?"
While many successful bodybuilders work the tummy only a
couple of times a week, heavyweight champion Evander                 Most nursery rhymes in the English-speaking world
Holyfield maintains his sheet of iron with just - get this - 25      originated in Britain before 1800 and are anonymous.
crunches a day.                                                      "London Bridge is falling down," for example, comes from
The big key to a lean stomach, say many, actually has little do      the Middle Ages. Not so for "Mary Had a Little Lamb,"
with any abdominal exercises whatsoever. The secret? Rigorous        which was written in the United States in 1830.
cardio and a healthy diet.
                                               ....to be continued   The author, Sarah Josepha Hale, published it in "Juvenile

                                                                     Miscellany," a children's magazine she edited. Hale based it
             RCBA MEMBERS
                                                                     on the true story of a pet lamb that followed its owner to
            E-MAIL DIRECTORY
                                                                     school. Thomas Edison made the verse the first words ever
As we progress in the world of high tech electronics, and
                                                                     recorded when he spoke them into his new invention, the
the internet, the RCBA will begin to collect and publish
email addresses to make communications easier and                    phonograph, in 1877.
cheaper and together we can enter Y2K.                               As if these accomplishments were not enough, Hale, who
                                                                     also edited "Ladies Magazine," finally saw her decades-
Journal Committee- RCBANEWS@aol.com                                  long editorial campaign for a national Thanksgiving holiday
                                                                     bear fruit when Abraham Lincoln officially proclaimed it in
Lasher & Lasher- Alanlasheresq@home.com
                                                                     1863.
The Sipp Law Firm- SippLaw@netscape.net

Jay Meyers- JayMesq@aol.com
                                                                                      We’re Online...
Mathew Sciarrino- Msciarrino@aol.com ,

msciarri@courts.state.ny.us                                                    VISIT OUR
Robert Cohen- RCohen@lawyers.com

Anthony E. Wierzbowski- aew@fwlawyers.com                                      WEBSITE AT
Marguerite A. Fiore- mfiore@fwlawyers.com

Note...Court system staff email addresses are their first                    http://www.RichmondCountyBar.org

initial plus first 7 letters of last name@courts.state.ny.us
                                                                                                                           p. 21
p. 22
RICHMOND COUNTY COURTS: TELEPHONE LISTING




                                            p. 23
                       Advertising Rates for RCBA Journal:
                                          Our rates for camera-ready ads are as follows:

                                                        Per Issue Rates:
                                                        Full Page- $ 150.00
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                         Our Graphic Designer can create your ad for an additional fee.
                                                 For Additional Info Call:
                                                          442-4500



                                BAC KO F F I CE                           SOLUTI ONS
                                                    ( 7 1 8 ) 9 6 7 - 1 6 6 4
                        WE DO THE WORK THAT YOU JUST CANT SEEM TO GET TO!!!
                                  PREPARATION OF ALL FORMS “FOR THE ATTORNEY”
        REAL ESTATE                                                                                              ESTATES
        CONTRACTS OF SALE                  IN CONNECTION WITH ALL PHASES OF:                           PETITION FOR PROBATE
        DEED PACKAGES                                                                       N.Y.S. INHERITANCE TAX FORM ET-90
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        SATISFACTIONS OF MORTGAGE                            30-DAY NOTICE
                                                                                                   FINAL ESTATE ACCOUNTING
        OWNER’S ESTOPPEL CERTIFICATE                    PETITION FOR NON-PAYMENT
                                                          HOLD OVER PETITIONS
        CONSOLIDATION & EXTENSION                                                                       CORPORATIONS
        AGREEMENT                                                                                     PREP. OF CORPORATE KIT
        EASEMENTS
                                                           SECRETARIAL
                                                                                           PREP. OF SHAREHOLDERS AGREEMENT
                                                              DICTAPHONE
        RELEASE OF PART OF THE MORTGAGED PREMISES                                                PREP. OF CORPORATE MINUTES
                                                               ORGANIZE
        COLLATERAL SECURITY MORTGAGE
                                                                BILLING                                              WILLS
        HELP IN CLEARING EXCEPTIONS TO TITLE
                                                             BOOKKEEPING
                                                                                                      LAST WILL & TESTAMENT
                                                             NOTARY PUBLIC
                                                                                                         HEALTH CARE PROXY
        COMPUTERS & SOFTWARE                                                                                     LIVING WILL
        SYSTEM SETUP
                                                        IF IT’S NOT LISTED                                            TRUSTS
        SOFTWARE INSTALLATION                          JUST GIVE US A CALL
                                                                                                                BUSINESS
        DESKTOP PUBLISHING
        WINDOWS                                        OVER 25 YEARS OF LEGAL              PREPARATION OF CONTRACT OF SALE
                                                                                                PREPARATION OF PARTNERSHIP
        WORDPERFECT/ MS WORD                          SECRETARIAL EXPERIENCE                                     AGREEMENT



p. 24
                                    RCBA CLASSIFIEDS
                                           OFFICE SPACE AVAILABLE
FOREST AVENUE- Law Building for rent. Five offices, waiting             NEW DORP: Two office available in an attractive suite occupied by
area, parking lot. 387 Forest Avenue. Tom Bello, 981-9191.              an established general practice firm. Rent both for $1200/mo.
NEW DORP PLAZA: Suite of Space; 3 Private offices, 1 Utility            Includes use of library/conference room and waiting room/reception
Room or office, Conference Room, Staff Room. 667-4545.                  area. Call 667-5000.
Blessed Sacrament Area - West Brighton, Corner of Clove Road            NEW DORP PLAZA Two separate professional suites. Will
and Delafield Ave. - one block North of Forest Ave.; 9000 Square        renovate. Contact Anthony Barone at 351-1600.
feet sub-dividable. 667-4545.                                           ST. GEORGE - 30 Bay Street Harbor view office in suite with two
Professional Office Space Available - Newly renovated Office            other lawyers. Will consider sharing existing secretary/equipment or
Building - Location: (North Shore) 404 Manor Road, Inquire: (718)       provide your own. Conference room. Call (718) 981-3100.
720-4943.                                                               DONGAN HILLS - Office for rent in newly renovated suite -
Office Space available in fully furnished law office. The office is     amenities include receptionist to answer calls. If interested please call
located on Victory Boulevard and is street level. Please contact the    (718) 351-3748.
Law Offices of Louis Grandelli at 935-1500.                             Exclusive Modern office building centrally located, professional
New Dorp Plaza - Must see. Corner of New Dorp Lane - parking;           elegant suite beautifully decorated, with large reception area and
excellent; 3-4 lawyers. 667-4545.                                       conference room. Call 9-5 P.M. - 698-2800.
Clove Road and Delafield Ave. - Corner - 9000 square feet;              Very active law office building - Conference Room, receptionist,
subdividable; parking. 667-4545.                                        library. Tel. #: 667-9090.
FOR RENT: Staten Island - Elegant space in excellent New Dorp           Enlarged bungalow for sale - Huguenot area, walking distance to
location. Approximately 1,000 sq. ft. Perfect for professional          Wolfe's Pond Park, prime location - refurbished - 50 x 50 - $138,500
seeking primary or second office on prime South Shore. 718-351-         - one bedroom - carport - call Steve 227-5748.
5353.                                                                   Law Center has office spaces available for attorney who does not
FOR RENT: WESTERLEIGH - 128 Watchogue Road - 700 sq.                    want a large overhead. Rent includes all amenities including library,
feet; basement storage; $900 per month plus utilities; can subdivide.   conference room and copier. Call Walter Schnorbus at 667-6300.
Contact Veera Konka at 979-1646.                                        Office Space for rent in private law firm, Dongan Hills area.
Looking for someone who'd like to rent space with full use of           Includes use of conference room, all equipment and utilities. Call
                                                                        351-3748.
library and conference room included. Chance of sharing caseload.
Contact Walter Schnorbus at 667-6300.                                   SPACE FOR RENT - between New Dorp Lane and Rose Avenue
                                                                        opposite Train Station - 2300 sq. ft. street level. Mezzanine - 600 sq.
New or young attorney- office space, all amenities - spin-off rent
                                                                        ft. and presently equipped with five (5) desks with extension arms and
$600 per month. Call: (718) 448-2448.
                                                                        fax and copy machines. Cost $18.00 per sq. ft. - Triple Net Lease.
FOR RENT: Executive Office, furnished, use of conference room
                                                                        Telephone #: (718) 351-4351 evenings after 6 p.m.
and amenities available. Attorney atmosphere. Phone: 668-0445 for
                                                                        MEIERS CORNERS - Executive Offices in Professional Building;
details.
                                                                        amenities include: Conference Room, Library, Central Air, Fax
Dongan Hills, 1281 Richmond Rd. (Near Old Town Road) Two                Machine, Copy Machine and Utilities Included. Centrally located in
offices - 14 x 14 and 10 x 10 including all amenities. Two              Meiers Corners near the Staten Island Expressway. Starting at
conference rooms included. Contact: Michael Walsh or Mark Villa         $500.00. Call 718-698-6400.
351-7900.
                                                                        Office space available - prime location; all amenities. Call (718)
Space for services - 1 room, all utilities and conference room. 805     273-8000.
Castleton Avenue Contact: Duane C. Felton - 273-9600.
                                                                        Law office available - Forest Avenue - Opposite Staaten
Newly renovated office building - 711 Forest Avenue            Great
                                                                        Restaurant - large private office, secretarial & conference
location - Three offices available. Includes all services and
                                                                        space; receptionist; ample parking. Call 816-0700.
conference room. Contact Marta Domenech at 720-1500.
                                                                        Space for rent - between New Dorp Lane and Rose Avenue opposite
FOR SALE: Tottenville - Amboy Road - C1 Zone                       4
                                                                        Train Station - 2600 sq. ft. - 1st Floor - 625 sq. ft. Mezzanine. Both
bedroom Colonial - detached - 3 Floors and basement - Front and
                                                                        floors have 1/2 Bath each. Full basement 2600 sq. ft. New heating
rear staircase - parking lot - 2 driveways. C1 Zone can also be used
                                                                        and air conditioning units. Telephone after 6 p.m. in evening: 718-
for commercial use. $239,000. Call (718) 984-1222.
                                                                        351-4351.
Attractive - comfortable law offices available                     in
                                                                        EDGEWATER PLAZA - Law offices available with Conference
St. George, with extensive library and other facilities. $800; $600.
                                                                        Room, Library (WEST CD Rom), Telephone, Fax, Copier, Kitchen,
Please call 442-6262.
                                                                        Gate Security, Parking, and Secretarial Stations - Call Bil O'Halloran
FOREST AVENUE - Great Location; parking and bus access; entire          at 273-7799.
2nd floor and can subdivide; newly renovated. Call 442-8813.
                                                                        Office space available - Corner of Richmond Avenue and Hylan
Space Available - New Dorp. Contact Tony Finn at 351-1900.              Blvd. in a newly constructed. Available space from 900 square feet to
Attractive Office Space available: Law library, receptionist.           desk space. Call Joseph Romagnolo at 718-605-6000.
Elevator building, St. George. Modern, reasonable - 442-6262.           Professional Space for Rent. 1000 and 2000 SF storefronts on
SUNNYSIDE - 1444 Clove Road. Approximately 1,000 sq. ft.                Richmond Rd in Dongan Hills. High visability area. Attorney would
office in commercial building. Call (718) 273-7900.                     be perfect compliment to existing tenants (Accountant, Mortgage
ST. MARKS PLACE - "4 Sale" 9 Room House facing municipal                Broker, and Insurance Agent). Parking in rear. Offered at $186 SF.
parking lot. 718-273-7692.                                              Call owner direct at 556-2306.

                                                                                                                                           p. 25
                          RCBA CLASSIFIEDS

   SERVICES FOR MEMBERS                                            ON THE MOVE
 Appellate Practice:                               LANCE P. ARMSTRONG - 900 SOUTH AVE., STE. 401, 10314
 Ormond Smith: 447-0090.                           TEL: 477-7700 FAX: 477-5711
 Laurel Wedinger: 667-6818
 Bankruptcy:
 Orlando Marrazzo Jr.: T: 983-8000 / F:983-7899.
                                                                      RETIRING ?
 Robert Bressler: 448-9500.                        The RCBA requests that retired lawyers notify us of the location of
 Jay Meyers: T: 273-2525 / F: 727-2976             their files. Please call the Bar Office at 718-442-4500.
 Civil Court Appearances:
 Grace Acquafredda: 816-4979                         ATTORNEY SEEKING POS.
 Condominium/ Community Association Law:
                                                   Lisa D. Graniero- Recently admitted attny. seeking position
 Ronald J. Mazzucco: 816-0700.
 Lee & Amtzis, LLP: 983-8800.                      with local firm -Resume on file with RCBA (315) 735-1310
 Copyrights and Trademarks:                        Esme Russell- J.D. May 1996, Resume on File.
 Dowd and Marotta- 727-4300                        Claudia Sanjour-Position in property issues.
 Court Appearances:                                Resume on file.
 Andrew Pappas: 987-5100                           1986 Law School Grad- Resume on File.
 EBT’s:                                            Steve Leunes- Newly admitted attny. Resume on file.
 Andrew Pappas: 987-5100                           Attorney Experienced in foreclosure and Bankruptcy
 Elder Law:                                        matters seeks opportunity to practice on Staten Island.
 Anthony S. Danna: 273-0300                        Former Federal Law Clerk, Admitted in NY since 1988 also
 Grievance Committee Defense:                      admitted in NJ, CA & DC. Call 718 442-8189
 Simonson & Cohen PC: 948-2100.
 Immigration:
 Jules E. Coven: T: 212-687-3541 / F: 212-697-         SEEKING OFFICE SPACE
 8717                                              Attorney seeking office on Staten Island. Space for services
 Intellectual Law:                                 arrangement preferred. Please contact Jeffrey Lisnow at (718) 761-
 Alfred Rohls: 815-3270.                           7201.
 Internet Services (Site Development & Hosting):
 J&E Graphic, Inc. 718 494-6364
 Investment Advisory
                                                                   WILL SEARCH
 Anthony S. Danna: 273-0300.                       • If anyone has information of the whereabouts of the
 Landlord/ Tenant:
                                                   Last Will & Testament of Charles C. Guthrie please
 Jay Duskin: 981-6200.
 Howard File: 494-8800.                            contact James A. Dollard at (718) 983-8000.
 New Jersey Personal Injury::
                                                   • The family of Adam C. Nelson (A.K.A. Scotty),
 Mike Gaffney 815-6400
 New Jersey Title:                                 deceased, is trying to locate a copy of his Last Will &
 Integrity title- 718 979-2877                     Testament. It was executedin September of 1992. If
 Process Servers:                                  anyone knows the lawyer who drew upthe Will or the
 CMC Legal Process Service: 979-1137.
 Margaret Morio: 917-858-6289.                     whereabouts of the Will please contact NancyTobias at
 Real Estate Closings:                             (707) 426-2978.
 Rosemarie Ann De Rogatis: 816-8411
                                                   • Seeking Original Last Will & Testament of Nuatamlal
 Small Claims Court:
 Michael Motelson: 212-489-3940.                   C. Acharya executed after September 1987. Please
 Typewriter Repair:                                contact DiVernieri, DiVernieri & Cotter, LLP at 718-667-
 Paul Murphy: 718 979-1658.
                                                   1301.
 Tax Law:
 Richard Gabor: 698-1500.                          • Paul H. Rosen retired since January 1976 has a fairly
 Translating Services:                             good library which he would like to dispose of. Anyone
 Doris Fernandez-Pacheco (201) 439-0300
 Violations Removed/C of O’s:                      interested in his law books please call him at (718) 448-
 Ciro Asperti: 816-9170.                           6425.

p. 26
                                  RCBA CLASSIFIEDS
   SEEKING EMPLOYMENT                                                     COURT APPEARANCES
HomeWork Legal Dictaphone Secretary - Legal secretary             I am seeking an attorney to make court appearances in
with over 15 years of experience, extensive PI, matrimonial,      civil cases. Please call (718) 356-4909.
wills, etc., from letters to large briefs. State of the art
equipment - WP8, Microsoft Word and brand new Laser Jet           Queens County-Civil Matters - Kenneth L. Brown, 40
Printer. From inception to conclusion. Reasonable rates,          years trial experience - defense litigation (carrier and City
quick turn around time. Pick up and delivery service available.   of New York and plaintiff litigation) 718 297-7711.
Please call Lori at (718) 980-7737.
Alice Fino, retired secretary 447-8556                                     TRANSLATING SERVICES
Legal Secretary - looking for P/T (two full days a week),
knowledge of negligence, pleadings, real estate, stenography       Interpreters, Translators - all subjects, all settings. Call
and wordperfect. Tel. #: (718) 979-3762.
                                                                   Doris Fernandez-Pacheco at (201) 439-0300.
Typing from home; knowledge of W.P. 6.0 and Excel. Call
Michelle Basile at 227-4979.
Legal Secretary looking to work at home. Have computer              LAW SECRETARY WANTED
with printer. Knowledgeable in various legal documents.
Worked for 8 years in Manhattan law firms. Please contact          Full time, microsoft word and personal injury experience
Maria at (718) 982-9057.                                           needed. Salary commensurate with experience. 816-0005.
Theresa Schiavi - (718) 966-6276
Seeking a position of part-time "receptionist". Available
Monday through Friday from 9:00 a.m. to 2:00 p.m. Also have
                                                                  EMPLOYMENT OPPORTUNITY
experience with the computer and am excellent on the               First year associate - general practice, emphasis in Negligence
telephone when it comes to client contact. "Letter Resume" on      Law, Salary commensurate with experience, benefits included,
file with RCBA.                                                    must be aggressive and looking for a future. Call 667-8600.
Angela Masella - Experienced legal secretary for 12 years;
diversified experience; will work at home. Please call (718)
979-2653.
                                                                                       FOR SALE
Rebecca DiVirgilio - (718) 667-6361                                N.Y. SUPPLEMENT, 2d SERIES, COURT OF APPEALS-
Legal Secretary seeking per diem employment. Available to          APPELLATE DIVISION, Miscellaneous Courts, VOLUMES
cover sick days, vacations, etc. and can be called in the          1-321
morning to work the same day. Resume on file at the Bar            BEST OFFER CONTACT: ANTHONY I. GIACOBBE, ESQ.
Association.                                                       (718) 273-6902 OR Fax No. (718) 273-3134.
College educated, legal secretary with over 12 years
experience desires either at-home or in-office employment.         DON'T THROW AWAY THOSE CLE TAPES OR MATERIALS.
WP 6.1 for DOS and Windows, WP 8.0 for Windows, very               DROP THEM OFF AT BORRELL & RISO, LLP; 1500 HYLAN
heavy dictaphone, fast long-hand, and an ability to think and      BLVD. TO BE COMPILED AND MADE AVAILABLE FOR THE
produce with fast and positive results. Excellent with heavy       USE OF THE MEMBERS OF THE RICHMOND COUNTY BAR
litigation and deadline situations. I have worked in               ASSOCIATION. JEFFREY BORRELL, ESQ. - 667-8600.
matrimonial, Wills, Estates and Trusts, and personal injury -
for both plaintiff and defendant attorneys. I have WP 6.1 for
Windows at my home. Please call Lori at (718) 980-7737 day               IF YOU WOULD LIKE TO
or evening.
Letizia DiBenedetto - (718) 979-3762
College student seeking full-time or part-time summer
                                                                                PLACE AN AD IN
employment. Clerical, office work, computer.
Rosetta Crupi - F/T legal secretary; knowledge of General
                                                                       THE RCBA CLASSIFIEDS
practice; real estate, matrimonial law and wills & estates.
Call (718) 948-2839.                                                        PLEASE CONTACT THE
Seeking P/T employment as a legal secretary, weekdays
only; Resume on file at the Richmond County Bar Association.                        BAR OFFICE AT
I can be reached at 983-1258 - LuAnn Iacono.
Christopher LaRosa - Student Undergrad at St. John's                                      442-4500.
University willing to do Paralegal work. Call 227-8124.

                                                                                                                             p. 27
       THE RICHMOND COUNTY BAR ASSOCIATION
                2012 Victory Blvd., SI, NY 10314

 Marjorie Weinberg Rooney              Directors:
 President                             Jonathan B. Behrins
 Michael J. Gaffney                    David W. Braisted
 President-Elect                       John P. Connors, Jr.
                                       Theodore J.G. Cotter
 Grace V. Mattei
                                       James A. Dollard
 Vice President
                                       James F. Donlon
 Mark S. Piazza                        William J. Frew, Jr.
 Secretary                             Thomas J. Hall
 James H. Birch                        David W. Lehr
 Treasurer                             J. Steven Long
 Richard Lasher                        John Z. Marangos
 Executive Director                    Daniel C. Marotta
 1920-1995                             Ronald J. Mazzucco
 Alan D. Lasher                        Andrea S. Morse
 Publisher                             Wayne M. Ozzi
                                       Jonathan H. Poznansky
                                       Harold J. Siegel
                                       Michael M. Walsh




RICHMOND COUNTY                                                                                             PRESORTED STANDARD
                                                                                                                U.S. POSTAGE

BAR ASSOCIATION                                                                                                     PAID
                                                                                                           Staten Isl., N.Y. 10314
P.O. BOX 140593 • STATEN ISLAND, N.Y. 10314-0593
                                                                                                             PERMIT NO. 228




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