; Article 730
Learning Center
Plans & pricing Sign in
Sign Out
Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>

Article 730

VIEWS: 103 PAGES: 16

  • pg 1

Queens County Bar Association / 90-35 One Hundred Forty Eighth Street, Jamaica, NY 11435 / (718) 291-4500                                                    Vol. 71 / No. 6 / March 2008

                                                                                                                                                         Was A Very
                                                                                                        by STEVEN WIMPFHEIMER, ESQ.
                                                                                                                                                        Special Year!
                                                                                                                                                                 by STEPHEN J. SINGER
                                                                                                      “It was a cold day in
                                                                                                 January. The Marriot                                  For those of you who have ever
                                                                                                Hotel at Times Square was                           taken the trouble to scrutinize our bar
                                                                                                                                                    association seal, you will recall that
                                                                                               warm and inviting. Sounds                            our founding date was in the year
                                                                                             like the start of a novel. But,                        1876. It would seem that the fact this
                                                                                           alas, it is merely the setting for                       was America’s first centennial would
                                                                                                                                                    make it special enough when that
                                                                                           the January Annual State Bar                             group of gentleman lawyers met in
                                                                                           Association Meeting and House                            Garden City to form the Q.C.B.A., but
                                                                                           of Delegates Meeting.”                                   that was hardly the case. This was also
                                                                                                                                                    a year in which many of the most excit-
                                                                                                                                                    ing historical events of an adolescent
                                                                                                                   Continued On Page 13             nation, just recovering from the Civil
                                                                                                                                                    War, would occur.
                                                                                                                                                       I thought that it would be fun to out-
                                                                                                                                                    line just some of the truly exciting
                                                                                                                                                    things that took place in that same
                                                                                                                                                    time frame. With that end in mind, I
                                                                                                                                                    have chosen to particularly highlight

                                          Article 730                                                                                               events which happened during that
                                                                                                                                                    year in the “American West” because I
                                                                                                                                                    have always been an avid fan of the
                                                                                                                                                    Old West, and in particular, those of a

Mental Disease or Defect Excluding Fitness to Proceed: Part II                                                                                      criminal nature, because I have always
                                                                                                                                                    been a criminal lawyer (as most of you
                                                                                                                                                    know) and before that, a lawman.
                                                                                                                                                       On June 25th of the same year as
                                                         by ANDREW J. SCHATKIN
                                                                                                                                                    our founding, George Armstrong
                                                                                                                                                    Custer and 261 of his men from the
   In a previous article, entitled, “Article   schemata of the examination procedure             of a psychiatrist’s report on a defendant’s        now infamous 7th Cavalry met their
730/Mental Disease or Defect Excluding         to determine whether a criminal defen-            mental capacity to stand trial was the             doom at the Little Big Horn. At the
Fitness to Proceed”, I considered and          dant is fit to proceed to trial, or better        main effect, which former CCP Sec. 662             time, it was termed the “Custer
analyzed the issues, ramifications, and        put, is incapacitated or lacks capacity, to       (now this section) prohibiting receipt of          Massacre”, (which it really wasn’t)
import of the first section in Article 730,    stand trial. This Section overall has             such report in evidence, sought to avoid.2         because it served the interests of most
Sec. 730.10, “Fitness to Proceed;              seven sections.1                                     It has also been held that the purpose          Westerners, who were rabidly anti-
Definitions”.                                     The first topic to be considered in this       of CCP Sec. 669 (now this section) was to          American Indian, to create a country-
   This second article will consider           article’s interpretation and analysis of          substitute a new form of determining               wide hysteria in the hope that same
Section 730.20 of that statute, entitled,      this particular section is, the purpose of        sanity, which would eliminate the                  would encourage the rapid extinction
“Fitness to Proceed; Generally”. That          the statute. It has been held that the            expense to the county, incident to the
Section sets forth the parameters and          imbalance created by the official nature                                  Continued On Page 6                               Continued On Page 3

                                                                 INSIDE THIS ISSUE
                                   1876 Was A Very Special Year . . . . . . . .1                 Profile of Judge Bernice Siegal . . . . . . .5
                                   Notes from NY State Bar Association . .1                      Culture Corner . . . . . . . . . . . . . . . . . . . . .9
                                   Article 730 - Part II . . . . . . . . . . . . . . . . .1      Court Notes . . . . . . . . . . . . . . . . . . . . . .12
                                   The Docket . . . . . . . . . . . . . . . . . . . . . . . .2   Books at the Bar . . . . . . . . . . . . . . . . . .14
                                   President’s Message . . . . . . . . . . . . . . . .3          Claro Opens to Rave Reviews . . . . . . .15
2                                                                    THE QUEENS BAR BULLETIN – MARCH 2008

                      T    H E       D    O C K E T          . . .                                                       E    D I T O R                ’    S         N      O T E            . . .
being the official notice of the meetings and programs listed below, which, unless other-                                 On behalf of the Bar Association, I welcome all mem-
wise noted, will be held at the Bar Association Building, 90-35 148 Street, Jamaica, New
                                                                                                                       bers to participate in the many upcoming events that are
York. More information and any changes will be made available to members via written
notice and brochures. Questions? Please call (718) 291-4500                                                            planned for this month. As always, I encourage articles
                                                                                                                       from members and news about our members. In that vein,
PLEASE NOTE:                                                                                                           I on behalf of the Bar Association congratulate Stephanie
The Queens County Bar Association has been certified by the NYS Continuing Legal
                                                                                                                       Zaro on her appointment by Mayor Bloomberg to the
Education Board as an Accredited Legal Education Provider in the State of New York.
                                                                                                                       Criminal Court. Stephanie has been an active member of
                                                                                                 Les Nizin             our Association, as Co-Chair of the Criminal Courts com-
         2008 Spring CLE Seminar & Event Listing                                                                       mittee and as a member of the Board of Managers.
March 2008

Wednesday, March 5           Practice of Matrimonial Law Sponsored by MatLaw
                                                                                                              LAWYERS ASSISTANCE COMMITTEE
                             6:00-9:00 pm                                                        The Queens County Bar Association                    All communication with QCBA LAC
Wednesday, March 12          Article 81/Guardianship Training 2:30-5:00 pm                    (QCBA) provides free confidential                    staff and volunteers are completely
                                                                                              assistance to attorneys, judges, law                 confidential. Confidentiality is privi-
Wednesday, March 26          Criminal Law Series, Part 1 6:00-9:00 pm
                                                                                              students and their families struggling               leged and assured under Section 499 of
Monday, March 31             Past President’s & Golden Jubilarians Night                                                                           the Judiciary laws as amended by the
                             5:30-8:30 pm                                                     with alcohol and substance abuse,
                                                                                              depression, stress, burnout, career                  Chapter 327 of the laws of 1993.
April 2008                                                                                    concerns and other issues that affect                   If you or someone you know is hav-
                                                                                              quality of life, personally and/or                   ing a problem, we can help. To learn
Wednesday, April 2           Criminal Law Series, Part 2 6:00-9:00 pm                         professionally.                                      more, contact QCBA LAC for a
Wednesday, April 9           Civil Court Seminar 6:00-9:00 pm                                                                                      confidential conversation.
                                                                                                 QCBA Lawyers Assistance
Monday, April 14             Judiciary Night 5:30-8:30 pm                                     Committee (LAC) offers consultation,
                                                                                                                                                           Lawyers Assistance Committee
Wednesday, April 16          Equitable Distribution Law Update 6:00-9:00 pm                   assessment, counseling, intervention,
                                                                                                                                                               Confidential Helpline
                                                                                              education, referral and peer support.
May 2008                                                                                                                                                           718-307-7828

Thursday, May 1              Annual Dinner & Installation of Officers 6:00-10:00 pm
Wednesday, May 7             Ethics Considerations 6:00-9:00 pm

CLE Dates to be Announced
                                                                                                        2007 - 2008
Elder Law, Real Property Law, Surrogates, Estates & Trusts, Taxation Law
                                                                                             Officers and Board of Managers
                                                                                                                                      of the
                       N    E W         M     E M B E R S
                                                                                              Queens County Bar Association
    John H. Bambury                            Jaya K. Madhavan
    Allan Binder                               Christopher A. Nicholas
                                                                                                     DAVID LOUIS COHEN - President
    Nelson Camacho                             Mark I. Plaine
    Vicente Tanierla Cuison                    Scott H. Siller                                      STEVEN S. ORLOW - President-Elect
    Paul Hale                                  Matthew Richard Smalls                               GUY R.VITACCO, JR. - Vice President
    Maureen McHugh Heitner
                                                                                                 RICHARD MICHAEL GUTIERREZ - Secretary
                            N    E C R O L O G Y                                                       CHANWOO LEE - Treasurer

                                  William B. Sherman                                            Class of 2008                   Class of 2009                             Class of 2010
                                                                                                Paul E. Kerson                Joseph F. DeFelice                        Gregory J. Brown
                                                                                              Gary Francis Miret             George J. Nashak, Jr.                      Joseph Carola, III
                                                                                             Joseph John Risi, Jr.           Jerome D. Patterson                        John Robert Dietz
                                                                                             Steven Wimpfheimer               Nelson E. Timken                             Mona Haas
                                                                                               James J. Wrynn                                                           Carmen Velasquez

                                                                                              Arthur N. Terranova . . . Executive Director
                                                                                                         Queens Bar Bulletin
    A New Member Benefit from Queens County Bar Association
                                                                                                     EDITOR - LESLIE S. NIZIN
    QCBA recently selected a credit card program that is specifically designed for law
                                                                                                Associate Editors - Paul E. Kerson, Michael Goldsmith and Peter Carrozzo
    firms and sole practitioners. QCBA members receive reduced processing rates and
                                                                                                       Published by
    multiple features built to properly process client-attorney transactions. Opening a     Long Island Commercial Review,             Send letters and editoral copy to: Queens Bar Bulletin,
    Law Firm Merchant Account is easy and helps your practice.                              (631) 737-1700; Fax: (631) 737-1890        90-35 148th Street, Jamaica, New York 11435.
     N   Safeguard and segregate client funds.
                                                                                                     John L. Kominicki                 Editor’s Note: Articles appearing in the Queens Bar Bulletin
     N   Properly process retainers.
                                                                                                   Production Manager                  represent the views of the respective authors and do not
     N   Attract clients and win business.                                                                                             necessarily carry the endorsement of the Association, the Board of
     N   Improve cash flow and reduce collections.                                                      Kerri Cettel                   Managers, or the Editorial Board of the Queens Bar Bulletin.
                                                                                                   Associate Publisher
                                                                                                      Kathleen Gobos                   Queens Bar Bulletin (USPS No. 0048-6302) is published
    With a Law Firm Merchant Account credit cards that are accepted for retainers are            Director of Advertising               monthly, except June, July, August, and September by
    deposited into your trust account while processing fees are paid from the operating                Ken Kroncke                     Long Island Business News, 2150 Smithtown Ave., Suite
    account to avoid the commingling of client funds.                                                                                  7, Ronkonkoma, NY 11779-7358, under the auspices of
                                                                                                    Account Executive                  the Queens County Bar Association. Entered as periodi-
                                                                                                        Renee Stuto                    cal postage paid at the Post Office at Jamaica, New York
    If you are considering or already accept credit cards in your practice, we encourage
    you to confirm that your program is competitive and can properly processes                          Pat Kunder                     and additional mailing offices under the Act of Congress.
                                                                                                     Classified Sales                  Postmaster send address changes to the Queens County
    transactions. Call for a no obligation consultation with our partner Affiniscape
                                                                                                                                       Bar Association, 90-35 148th Street, Jamaica, NY 11435.
    Merchant Solutions, 800.376.0950 or click here for more information!                                Joe Parrino
                                                                                    THE QUEENS BAR BULLETIN – MARCH 2008                                                                                                      3

                                                                             P   R E S I D E N T                   ’   S      M    E S S A G E

   As we are all aware there                             sign, or should the lawyer
is a precipitous decline in the                          explain the meaning and cost
housing market.Foreclosures                              of what a client is about to                                                                  Queens County Bar Association
are at an all time high. One                             sign? Are we lawyers just                                                        90-35 148th Street, Jamaica, New York 11435 z Tel 718-291-4500 z Fax 718-657-1789
statistic I recently became                              there to earn the fee or do we
aware of stated that ten per-                            serve a more important func-
cent of homeowners owe more                              tion, to protect our clients?
on their mortgage than the                               Have we reduced our real
current market value of their
home. In Queens County, all
                                                         estate closing fees to the
                                                         point where all we are inter-
                                                                                                                                  QUEENS COUNTY BAR ASSOCIATION
one has to do is visit the fore-                         ested in is how quickly we
closure auctions conducted            David Cohen        can get to the next deal?                                                      SCHOLARSHIP FUND
every Friday and see the                                    Most lenders are also rep-
large number of auctions with no bidders. resented by attorneys. Again, what is
The upset prices are so high that there is the role of the lender’s attorney? Are
no equity left in most of the houses up for they just the drafter of the documents
                                                                                                                             Dear Members:
auction.                                     and the inspector to insure that all forms
   We are told that this crisis was caused are signed and or initialed in the correct
by the widespread use of “sub-prime” places? Do they have any obligation to                                                         The Queens County Bar Association’s Scholarship fund was created to offer
adjustable rate mortgages. These loans verify the ability of the borrower to repay                                           financial assistance to law students who are residents of Queens County or attend
had very low initial rates, but once they the loan? Do the lenders really care if                                            law school in Queens County.
reached the initial adjustment period, the the loan can be repaid, or is it their pri-
rate increases to an unaffordable level. mary objective to issue the loan and then
                                                                                                                                  The recipients of the QCBA Scholarship are carefully chosen based on
There has also been a dramatic increase sell it immediately as collateral?
in mortgage fraud. Phony appraisals,            Unfortunately, lawyers are all too                                           academic achievement, community service and financial need.
altered certificates of occupancy, inaccu- often intimately involved in the fraudu-
rate income and asset reporting, you lent mortgage business. Whether as                                                            Your tax deductible donation will help to support and recognize those law
name it and it is being done.                principles of mortgage companies, clos-                                         students who provide community service to the residents of Queens County. It also
   Then these loans were packaged and ing agents or mortgage brokers, lawyers                                                enhances the good name of our Association.
used as collateral to secure the sale of have succumbed to greed.
billions of dollars of securities to            Securities lawyers have also played a
investors. Obviously, as the defaults on large role in this crisis. They had to cre-                                                As President of the Queens County Bar Association, I urge you to support
the mortgages increase, the security ate the bond indentures that utilized                                                   this valuable community-based program.
decreases and the value of the bonds these “sub-prime” mortgages as collater-
declines to almost worthless levels. This al. Who did the due diligence to protect                                           Sincerely,
has caused the financial and credit mar- investors? What was their responsibility
kets to decline, thus causing a financial to the investing public?
                                                                                                                             David L. Cohen
crisis of epic proportions.                     Obviously, I am not placing blame on
   At this point, I, as sure most of you any one group for this crisis. That would                                           President
are wondering why a bar association be not only disingenuous, but overly sim-
president is writing an article on the plistic. In my thirty-seven plus years of
economy. Well here is why - I am trou- practice, I have been most impressed
bled by the role that the legal profession with the professionalism and the devo-                                                                          Please make checks payable to:
has played in enabling this crisis to tion to clients of most of my fellow attor-
reach the dangerous point that it has,       neys. No matter what area of law we
   What obligation does a lawyer have to practice, our primary responsibility is to
a client to explain the details of the mort- protect our clients. We must go that
                                                                                                                                    QUEENS COUNTY BAR ASSOCIATION FUND, INC.
gage to a client? What is the lawyer’s role extra mile to insure that the client is our
when it comes to discussing with a client number one priority.                                                                                                (all donations are tax deductible)
their ability of a client to meet the mort-     As always, I welcome your comments.
gage obligations? Does a lawyer just sit Please contact me at the Bar Association
at a closing and tell a client where to or by email at dlccrimlaw@aol.com.

                                      1876 Was A Very Special Year!
                          Continued From Page 1              Indians first, not the other way around.                  political landscape as a potential candi-              drunk and ne’er do well. Hickok was
                                                             The Indians, mostly Sioux and                             date for president. Most historians have               holding aces and eights, forever termed
of or resettlement of all Native                             Northern Cheyenne, were, in fact, at                      come to share this point of view and                   the “Dead Man’s Hand”.
Americans. The Indians were simply                           that location for the equivalent of a reli-               now have renamed it “the Custer fight”,                   On September 7th, the Minnesota
viewed as standing in the way of                             gious convention. It has become widely                    a compromise or politically correct                    farming community of Northfield was
progress (mining, farming, ranching                          accepted that Custer attacked, in spite                   descriptive phrase. Not to worry, the 7th              treated to a visit from the most famous
and general western expansion). I say                        of overwhelming odds against him and                      Cavalry exacted their revenge when                     sons of Missouri of all time … the James
that it truly wasn’t a “massacre”                            a specific order not to do so, in a vain                  they conducted a true massacre of some                 brothers. This was the disastrous
because it was Custer who attacked the                       attempt to catapult himself onto the                      300 Indians (mostly old men, women                     attempted bank job that broke up the
                                                                                                                       and children) at Wounded Knee, South                   professionals who, up until that time,
                                                                                                                       Dakota in 1890.                                        made up the James Gang. After that,
                                      Corrections for Directory                                                           On August 2nd of that same summer,                  Jesse and Frank were only able to enlist
                                           Changes are bold and italicized
                                                                                                                       James Butler Hickok was murdered in                    amateurs and drifters, two of whom
 COMO, Anthony - 125-10 Queens Blvd, Ste 320, Kew Gardens, NY 11415-1511.....................718-459-8700              Saloon #10, in Deadwood, Dakota                        (Bob and Charlie Ford) later killed
                                                                                                                       Territory. Hickok, a former lawman,                    Jesse, either out of fear or for the
 LOPRESTO, Charles S. - Criminal Court, Queens County, 125-01 Queens Blvd, Kew Gardens,                                gunslinger, stagecoach guard, actor in                 reward, or both.
                        NY 11415-1514
                                                                                                                       the Buffalo Bill Cody Wild West Show                      They had chosen Northfield for a
 MUNSON, Gabriel R. - 233 Fifth Avenue, Ste 4A, New York,                                                              and possible horse thief, was renowned                 variety of reasons, which included the
                      NY 10016-8733..212-251-0011 fax: 212-213-3152 email: munsonlaw@gmail.com                         for his habit of always sitting with his               geographical location … far from their
                                                                                                                       back to the corner, so that he could eye-              safe houses in Missouri …, the reputa-
 MUSARRA, Michelle Ann - Epstein Rayhill & Frankini, 48 Crossways Park, Ste 102, Woodbury,                             ball the crowd in the various low level                tion for that bank holding great sums of
                         NY 11797-2905...516-364-7900 fax: 516-364-7930 email: michmus@aol.com                         establishments in which he earned                      currency, and the fact that the owners of
                                                                                                                       much of his living by gambling. On this                the bank included former Union officers
 ROSENTHAL, Norman L. - 30 Fern Drive, Roslyn, NY 11576-2202........................................516-484-0476
                                                                                                                       singular occasion, “Wild Bill” as he came              who were much hated by the James
                                                                                                                       to be called in the Dime Novels of the                 boys (who were of course ex-
 For Hon. Richard L. Buchter his Court Attorney is now Lisa Russell.                                                   time, failed to heed his own advice and                Confederate guerillas). The gangsters
                                                                                                                       did not take his usual seat. He was shot               were routed by the townspeople who
 Judge Charles Lopresto is now sitting in the Criminal Court. His contact information is 125-01 Queens                 from the rear, much as he had always                   killed two of them on the spot and
 Blvd, Kew Gardens, NY 11415-1514, 718-298-0962, fax: 718-520-3992.                                                    feared, by one Jack McCall, a local                                           Continued On Page 5
4                                                                THE QUEENS BAR BULLETIN – MARCH 2008

                                                                 P   R O F I L E             O F     . . .

      Judge Bernice Siegal and the
International Queens County Civil Court
                                                                            By PAUL E. KERSON

   Where has it been recorded in World January, 2002 in Civil Court, Queens                                                           Treasurer of the New York City Board of
History that 23 judges adjudicated County. In 2006, she was appointed                                                                 Civil Court Judges and President of the
225,000 cases in 38 different lan-                  Deputy Supervising Judge of                                                       Brandeis Association.
guages in one county in one                         that Court and in March, 2007,                                                       She is married to Kevin Patrick Lynch
year? Well, that appears to be                      she was appointed to her cur-                                                     and their family includes two wonderful
what happened here in the                           rent position. Since taking the                                                   daughters, Rebecca, who is a junior at
Queens County Civil Court in                        bench, Judge Siegal has pub-                                                      Colby College and Co-President of its
the year 2007.                                      lished dozens of opinions. Her                                                    Hillel, and Sara, a freshman at Fordham
   In prior centuries, interna-                     first decision, Macerich Queens                                                   University, and their dog, Nooch.
tional law visionaries could not                    Ltd. Partnership v. MIE                                                              The 38 languages in use in the
possibly have come up with such                     Hospitality, 192 Misc 2d 276,                                                     Queens County Civil Court are
a positive result.                                  has been cited in McKinney’s                                                      Albanian, American Sign Language,
   Nevertheless, this is the sys-                   Cons Law of NY, 2003 Pocket                                                       Arabic, Bengali, Cambodian, Cantonese,
tem      presided     over      by Paul E. Kerson Part, Book 7B, CPLR 3111, for                                                       Croatian (including Serbo-Croation,
Supervising Judge Bernice                           its approach on jurisdiction for                                                  Montenegrin         and Serbian), Farsi,
Siegal at the Capital of the                        money judgments in non pay-                                                       French, Fulani, Greek, Haitian Creole,
Known Universe at 89-17 Sutphin Blvd., ment proceedings involving defaulting                                                          Hindi/Urdu, Hungarian, Igbo (Ibo),
Jamaica, NY 11435.                         corporate tenants. A frequent lecturer                                                     Italian, Japanese, Korean, Macedonian,
   What background could possibly qual- for Continuing Legal Education courses                                                        Mandarin, Polish, Portuguese, Punjabi,
ify anyone to preside over a system that at the Queens Bar Association and                                                            Romanian, Russian, Shanghainese,
adjudicates 225,000 cases in 38 lan- Women’s Bar Association, she has lec-                                                            Tagalog,       Ukranian,        Vietnamese,
guages using only 23 Judges? Well, tured on enforcement of money judg-                                                                Spanish, English, Thai, Turkish, Pashto,
Judge Bernice Siegal certainly has the ments, no fault insurance litigation,                                                          Hebrew, Ga, Gujarti and Armenian.
background for a job like this.            motor vehicle jury trials and the signifi-   the New York Guard. Judge Siegal’s               It should be noted that Wednesdays
   Supervising Judge of the Civil Court, cance of establishing the military status      presentation on military status of liti-      are special days for Cantonese, Korean,
Bernice Siegal was elected Judge of the of defaulting litigants at continuing edu-      gants culminated in the publication of        Mandarin, Polish and Shanghainese.
Civil Court of the City of New York in cation forums sponsored by Queens Bar            “Non-Military Affidavits: Providing Civil     Russian is on Thursdays. Other lan-
November, 2001 and took the bench Association and for the JAG officers of               Relief at Home” (Queens County Bar            guage interpreters are present on specif-
                                                                                        Bulletin, March 2003 & Landlord Tenant        ic dates. Spanish is every day.
                                                                                        Practice Reporter, March 2003).                  Judge Siegal tells us, however, that
                                                                                        Commencing in October, she will also be       the 225,000 caseload breaks down as fol-
                          When your insurance needs are special . . .
                                                                                        presiding with Justice Martin E. Ritholtz     lows: 185,000 are civil cases and 40,000
                              . . . Your insurance broker should be too!                over the new summary jury trial part of       are Housing Part cases. Of the 185,000
                                                                                        Queens Supreme Court.                         civil cases, at least half are no-fault cases
                                                                                           Previously, in the public sector, Judge    involving doctors and insurance compa-
                           LAWYERS PROFESSIONAL                                         Siegal was Counsel to a New York City
                                                                                        Council Member, former chair of the
                                                                                                                                      nies. Nevertheless, these cases involve
                                                                                                                                      the underlying health of Queens County
                             LIABILITY INSURANCE                                        Public Safety Committee. With exten-
                                                                                        sive knowledge of zoning and land use,
                                                                                                                                         Judge Siegal went on to summarize
                                                                                        educational issues, housing matters and       the operations of the Queens County
                                             212-764-6740                               the legislative process, she crafted legis-
                                                                                        lation and strategies to win significant
                                                                                                                                      Civil Court: “We are a well oiled
                                                                                                                                      machine. We deal as expeditiously as
                                             877-279-4253                               legal and political battles. She also has
                                                                                        special expertise in health care policy
                                                                                                                                      possible in handling the problems of the
                                                                                                                                      people of Queens.”
                                                                                        with a Masters in Public Administration          I asked Judge Siegal how she could
                                                500 Fifth Avenue                        from New York University and extensive        possibly do this in 38 languages. Judge
                                                   Suite 2210                           experience overseeing the use of govern-      Siegal replied that “we try to ensure
                                               New York, NY 10110                       ment funds at medical centers.                total impartiality with the highest level
                                                                                           Judge Siegal graduated with honors         of translation available.” The litigants
                                                                                        from New York Law School as a mem-            speaking these 38 languages come from
                    www.insurance4lawfirms.com                                          ber of its Law Review and National            the far corners of the globe. Experience
                                                                                        Moot Court Board Order of Barristers.         tells us that our foreign born Queens
                                                                                        In recognition, she received an Amjur         County residents regularly travel to
                                                                                        Award for Excellence and the                  their home countries. Thus, the deci-
                                                                                        Alexander D. Forger Award for                 sions of the Queens County Civil Court
                                                                                        Distinguished       Service      to    the    have a world-wide impact. A $15,000 or

                                                                                        Profession. As an attorney in her prac-       $25,000 argument is a very large issue
                                                                                        tice, Judge Siegal provided legal servic-     in most of the countries represented by
                                                                                        es to members of several labor unions         these 38 languages. It is in these for-
                                                                                        as the director of the locals’ legal serv-    eign nations where these disputes often
                                                                                        ices plans and distinguished herself by       originate.
                                                                                        providing pro bono services, particular-         Judge Siegal also indicated that the

                                                                                        ly in the field of landlord tenant mat-       23 Civil Court Judges rely heavily on the
                                                                                        ters. Prior to her election, she lectured     lawyers who appear in the Queens
                                                                                        on legal issues and legislative initia-       County Civil Court. The Judges rely on
                                                                                        tives to community and civic groups.          us to spend as much time as possible
                                                                                        She has been honored by the former            gathering all of the facts so that we may
                                                                                        Queens Borough President Claire               summarize the case in a Settlement
                                                                                        Shulman, Assemblyman Mark Weprin,             Conference. It is in these Settlement
      Our twice daily news                                                              Services Now for Adult Persons                Conferences with the Judge or the Court
                                                                                        (“SNAP”), and the Former Manhattan            Attorney or Small Claims Arbitrator that
      alert is free. Sign up                                                            Borough President Ruth Messinger.             the efficiency of the Queens County Civil
                                                                                           She is a member of the board of direc-     Court is rooted. ■
      now at www.libn.com.                                                              tors of the Queens Women’s Bar
                                                                                        Association and of the National               Paul E. Kerson is a member of the Board of Managers
                                                                                        Association of Women Judges; member of        and Associate Editor of this Bulletin. He is a partner
                                                                                        the Queens County Bar Association;            in the law firm of Leavitt, Kerson & Duane.
                                                                                 THE QUEENS BAR BULLETIN – MARCH 2008                                                                                                 5

                                   1876 Was A Very Special Year!
                   Continued From Page 3              These were indeed rugged times.                             The law at that time was also pecu-              completion of Central Park in New
                                                   While the Northeast was progressing in                      liar as respects the gunfight and other             York City, the invention of the first
another during their attempted flight              a far more civilized fashion, the Western                   violence of the day. In 1876 an Ohio                mimeograph machine, the introduction
out of Minnesota. Three more were                  frontier retained its well deserved repu-                   court held that a “true man” had no                 of the Dewey Decimal System in our
severely wounded, captured and sen-                tation as a highly dangerous and specu-                     duty to “fly” if threatened. In other               libraries, Colorado entering the Union
tenced to 25 years in Stillwell Prison.            lative place to live. The Philadelphia                      words, there was no duty to retreat in              and the publication of “The Adventures
These three were in fact the Younger               Exposition, by stark contrast, was held                     the face of danger before using deadly              of Tom Sawyer”. This was the scene of
Gang (Cole, Bob and Jim) who had                   in 1876 as a tribute to the centennial.                     force. Even shooting an aggressor in the            the most hotly contested presidential
joined up with the James brothers for              The telephone and typewriter were                           back or after the threat had abated was             election of our history. Rutherford
this raid. Jesse and Frank were the only           unveiled as new and exciting inventions                     not looked upon as murder. For quite a              Hayes, the Republican, running on a
ones of the eight robbers who got away.            as visitors munched on popcorn.                             while, this remained the code of the                platform of “the investigation of
This was one of those rare times when                 At the same time, gunman, outlaws                        West. Curiously, the State of Florida               Oriental     immigration”,       defeated
the James brother’s actual deeds did not           of all kinds, rustlers and thieves, made                    passed similar “no duty to retreat” leg-            Samuel Tilden, the Democrat, who was
match up to the myth.                              up a disproportionate share of the pop-                     islation in 2005.                                   a former District Attorney and
   Interestingly, this same Younger                ulation in the Western territories.                            This was also the year that                      Governor of New York, running on a
Gang were the first cousins of the equal-          There were more homicides by gunshot                        William/Henry McCarty/Antrim/Bonney                 platform of “restricting Oriental immi-
ly infamous Dalton Gang, four of whom              in the Arizona territory that year than                     … later known as “Billy the Kid”, turned            gration”, by one electoral vote. Sounds
were killed a few years later in                   in the rest of the entire country. What                     17 years of age. He committed his first             somewhat familiar. There were many
Coffeyville, Kansas while attempting to            the Hollywood movie makers eventual-                        felony that year and killed his first man           assertions of election fraud, as usual,
rob two banks simultaneously. As with              ly dubbed as “gunslingers”, were more                       the next. Although the Dime Novelists,              but the results stood. There was an
many of these American icons of that               accurately called “shootists” or “man                       many of whom were situated in the                   electoral participation of allegedly 81%
period, the Daltons alternatively served           killers” back in the day. Very few actu-                    East, attempted to link Billy with New              at that time.
as U.S. Marshals, train robbers and                al “gunfights” ever took place, and none                    York and make it his birthplace, all                   There were, of course, many other
bank robbers. Even the famous Wyatt                of them ever remotely matched the                           apparent efforts by serious historians to           less violent and more notable occur-
Earp was both a U.S. Deputy Marshall               choreography of modern day movies …                         do so has met with naught. Billy the Kid            rences in 1876, but perhaps none which
and the defendant in a murder case. It             shoot-outs at 50 paces. These were usu-                     or Kid Antrim, like so many other local             grabbed the imagination as much as
is not widely known that Wyatt, two of             ally one-sided affairs at very close                        criminals called “the Kid” … which in               those I have noted in this article. In this
his brothers and “Doc” Holiday were in             range and often out and out murders.                        reality was merely the nickname given               time of political excitation it is also of
fact arrested and subjected to a coro-             They were using pistols of varying                          to juvenile criminals of the time … was             interest to point out that in 1876, the
ner’s inquest, which was the equivalent            types, sometimes with mismatched                            a boy raised in a single parent home,               saloon owners, cattle barons and mining
of a pre-trial hearing, for their part in          parts, of disputable accuracy and                           whose father was unknown, whose                     entrepreneurs were Republicans, while
the O.K. Corral incident. The inquest              shooting unreliable ammunition. The                         mother died at an early age of consump-             the outlaws, shootists and rustlers of
lasted for weeks, dozens of witnesses              concept of fairness had very little to do                   tion (tuberculosis) when he was a                   that time were usually Democrats.
were called, including character wit-              with contests between these men of low                      teenager, who thereafter resorted to                Nothing much has changed. ■
nesses (but not for “Doc” Holiday) and             character, survival being their only                        criminal activities out of a combination
the charges were dismissed. Incredibly,            concern. As noted herein, even the law-                     of necessity, simplicity and excitement.            *Editor’s Note: Stephen J. Singer is a Past President
the corral shoot-out stemmed in part               men of that period had inconsistent                         Not too different from our local crimi-             (96-97) of the Queens Bar Association and Co-Chair of
from a lost political contest between              backgrounds; brigands one year and                          nals in Queens County today.                        its Criminal Court Committee. Mr. Singer is also a
Wyatt and the local sheriff.                       law enforcers the next.                                        The 1876 year also witnessed the                 partner in the firm of Sparrow, Singer and Schreiber.

                                                                                                                 Brandeis Scholarship
                                 How can you help protect
                                                 the prairie and the penguin?
                                                                                                                  Guest of Honor Brandeis Founder
                                                                                                                   Judge Leonard L. Finz

                                                                                                                   May 4, 2008
                                                                                                                   10:00 a.m. to 1:00 p.m.

                                                                                                                     DUFFY & POSILLICO AGENCY INC.
                                                                                                                                               Court Bond Specialists
                                                                                                                             BONDS • BONDS • BONDS • BONDS
                                                                                                                                          • Administration • Appeal
                                                                                                                            • Executor • Guardianship • Injunction • Conservator
                                                                                                                                 • Lost Instrument • Stay • Mechanics Lien
                                                                                                                                       • Plaintiff & Defendant’s Bonds
                Simple. Visit www.earthshare.org and learn how the world’s
                leading environmental groups are working together under one
                                                                                                                                         Serving Attorneys since 1975
                name. And how easy it is for you to help protect the prairies and                                                        Complete Bonding Facilities
                the penguins and the planet.
                                                                                                                                                FAX: 516-741-6311
                                                                                                                                                   Immediate Service!
                                                                                                                              1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts)
                                      One environment. One simple way to care for it.

                                                                                                                                    NYC Location: 108 Greenwich Street • New York, New York 10006
6                                                                       THE QUEENS BAR BULLETIN – MARCH 2008

                 Article 730/Mental Disease or Defect
                 Excluding Fitness to Proceed: Part II
Continued From Page 1                          crime, was required to include, in the          attempted to conduct the competency             the issue of the refusal to answer ques-
                                               report, all information concerning ques-        examination, the defendant was entitled         tions; 7.) the subtopic of psychiatric testi-
commission method, theretofore prevail-        tions and answers involving commission          to refuse to answer questions propound-         mony; and finally 8.) the subject of what
ing.3                                          of the alleged crime, and any acts per-         ed by the psychiatrist.                         constitutes reports.
   The second topic to be considered in        formed thereafter by the defendant,                An added issue under this statute is             It is hoped that this series of articles
this article is that of cost. In general, it   which might be construed of an incrimi-         that of psychiatric testimony. There has        will elucidate this statute in its entirety,
has been held, that the cost of a psychi-      nating nature, so that defense counsel,         been a great deal of case law in this area.     and be a guide to the criminal practition-
atric examination of a defendant is a          would have a copy of the report, would be       The following are some representative           er, whether prosecution or defense.
county charge, as is the cost of transport-    aware of what had been revealed, and            cases. In People v. Marmolejos16, the
ing a defendant to a state hospital for        could move the court with respect to any        Appellate Division First Department                              END NOTES
mental observation under this section.4        information he considered to be improp-         held that the defendant was fit to stand
   The next topics to be considered in         erly obtained.10                                trial. The court stated that the defen-         1
                                                                                                                                                   730.20 Fitness to Proceed; generally
this article are the criteria and issues          The next area to be considered in this       dant did not exhibit any delusional
surrounding commitment and mainte-             article is that of examiners and the            thinking during trial, gave testimony in
nance. An example is found in Hummel           appointment of examiners. There are             a rational and concise fashion, cooperat-       1. The appropriate director to whom a criminal
v. Simril5. In that case, the trial court      many cases considering these particular         ed with counsel, and concededly under-          court issues an order of examination must be
held that the commitment of the defen-         subjects. For example, in People v.             stood the role of its counsel on other par-     determined in accordance with rules jointly
dant-son seemingly for the purpose of                                                                                                          adopted by the judicial conference and the
                                               Mullins11, the Appellate Court held that        ticipants at trial, and qualified experts
securing his person, in case horror of his                                                                                                     commissioner. Upon receipt of an examination
                                               the trial court, having ordered the defen-      found the defendant fit to proceed.
                                                                                                                                               order, the director must designate two quali-
actions caused an emotional reaction,          dant be examined to determine his com-             Another pertinent case is People v.
                                                                                                                                               fied psychiatric examiners, of whom he may be
was not a valid reason for commitment          petency to stand trial, was required to         Weech17. In that case, the Appellate
                                                                                                                                               one, to examine the defendant to determine if
under this section.                            fully comply with the requirement that          Division held that the fact that the
                                                                                                                                               he is an incapacitated person. In conducting
   In Application of Eton6, the trial court    defendant be examined by two psychi-            expert who had examined the defendant,          their examination, the psychiatric examiners
held that, under this Section, the Order       atric examiners, irrespective of whether        and rendered an opinion as to the defen-        may employ any method which is accepted by
of Commitment of the defendant in              the determination to order the examina-         dant’s competency at the time he stood          the medical profession for the examination of
Syracuse Psychopathic Hospital for             tion was triggered by a finding of possi-       trial, and was convicted of Murder in the       persons alleged to be mentally ill or mentally
examination as to sanity was not               ble incapacity, or whether there was any        Second Degree., might not have been a           defective. The court may authorize a psychia-
required to be signed by a Justice, but        basis in the record for such finding.           qualified psychiatrist, did not warrant         trist or psychologist retained by the defendant
could be signed by a Clerk or Deputy           Apropos of the subject of examiners, in         the conclusion that his testimony could         to be present at such examination.
Clerk, and the county was not relieved of      People v. Lopez12, the trial court held that    not be considered in a reconstruction
liability to pay for maintenance, care,        the People bear the burden of establish-        proceeding to determine whether the             2. When the defendant is not in custody at the
and treatment of a committed defendant,        ing that the examining psychiatrists, for       defendant was competent at the time he          time a court issues an order of examination,
because commitment orders were signed          the purposes of the statute are, “qualified     stood trial.18                                  because he was theretofore released on bail or
by a Clerk or a Deputy Clerk rather than       psychiatrists”.                                    The final topic of this article is that of   on his own recognizance, the court may direct
a Justice.7                                       The subject of the appointment of the        what constitutes reports. Again, there          that the examination be conducted on an out-
   The next issue to be considered in this     psychiatrist has given rise to much case        has been much case law concerning this          patient basis, and at such time and place as
article is what constitutes the contents of    law. In People v. Phelps13, the Court of        area. For example in People v.                  the director shall designate. If, however, the
the report. Thus, in People v. Lowe8, the      Appeals held that the designation of a          Robustelli19, the Appellate Division First      director informs the court that hospital con-
Appellate Court held that deviations           psychiatrist and a psychologist, rather         Department held that the trial court            finement of the defendant is necessary for an
from statutory requirements under CPL          than two psychiatrists, to conduct the          could determine that evidence before it,        effective examination, the court may direct
Sec. 730.10 for determining whether the        examination of the defendant to deter-          which included written reports from four        that the defendant be confined in a hospital
defendant was competent to stand trial         mine his mental competency, would be            psychiatrists that defendant was                designated by the director until the examina-
were substantial, thus depriving the           presumed regular, and in accordance             depressed, but that further time was            tion is completed.
defendant of a full and impartial deter-       with the statutory directive, in the            required to determine his competency to
mination of his mental capacity, where         absence of any evidence to the contrary;        stand trial, was sufficient to base its         3. When the defendant is in custody at the
only one psychiatrist examined the             the defendant objected to the designation       determination that defendant was fit to         time a court issues an order of examination,
defendant, and the psychiatrist’s report       of the psychologist for the first time on       proceed; testimony by psychiatrists             the examination must be conducted at the
was merely a letter stating cursorily that     appeal, when there was no factual refer-        revealed that only issue to be resolved         place where the defendant is being held in
the defendant was competent. The psy-          ence sufficient to permit review of the         was whether defendant, who had stated           custody. If, however, the director determines
chiatrist’s letter failed to state that he     contention.14                                   that president was Kennedy, and that            that hospital confinement of the defendant is
was a qualified psychiatrist, and failed to       The next issue to be considered in this      one plus one equals 121, had exaggerat-         necessary for an effective examination, the
state the nature and the extent of the         article is the issue of the refusal to          ed or fabricated his inability to sensibly      sheriff must deliver the defendant to a hospi-
examination as required by CPL Sec.            answer questions. An example of the law         respond in questions, and the court had         tal designated by the director and hold him in
730.10, and the psychiatrist apparently        on this subject is found in Lee v. County       defendant under intermittent observa-           custody therein, under sufficient guard, until
was not eligible to serve as an examiner.      Court of Erie County15. In that case, the       tion for ten months, and under almost           the examination is completed.
   Again, in People v. Blank9, the trial       Appellate Division held that where one          constant observation during trial.
court had occasion to examine what             of two psychiatrists appointed to deter-           Another example of a case interpret-         4. Hospital confinement under subdivision
should constitute a proper report in           mine the question of the sanity of the          ing this area is found in People v. Roth20.     two and three shall be for a period not exceed-
terms of its contents. In that case, the                                                                                                       ing thirty days, except that, upon application
                                               defendant, who had been indicted for a          In that case, the Appellate Division held
court held that the psychiatrist examin-                                                                                                       of the director, the court may authorize con-
                                               felony, resigned and, before another psy-       that in a prosecution for Murder, with
                                                                                                                                               finement for an additional period not exceed-
ing the defendant to ascertain sanity at       chiatrist had been designated to fill the       the defense of insanity, post-crime
                                                                                                                                               ing thirty days if it is satisfied that a longer
the time of the alleged commission of the      vacancy, the other psychiatrist thereafter      records from the mental hospital to
                                                                                                                                               period is necessary to complete the examina-
                                                                                               which the defendant had been commit-
                                                                                                                                               tion. During the period of hospital confine-
                                                                                               ted, independent of the official psychia-       ment, the physician in charge of the hospital
                                                                                               trists’ report, were admissible when
        We’ve got a                                                                            offered by the defendant, but the report
                                                                                               of the examining psychiatrist was not
                                                                                                                                               may administer or cause to be administered to
                                                                                                                                               the defendant such emergency psychiatric,

                                                                                                                                               medical or other therapeutic treatment as in
                                                                                               admissible.21                                   his judgment should be administered.

                                         • Our expertise extends to all areas of technology                 CONCLUSION                         5. Each psychiatric examiner, after he has com-
         on                              • We represent everyone from individuals to               This second article, in a series of seven
                                                                                               articles, analyzing Article 730 of the
                                                                                                                                               pleted his examination of the defendant, must

       Experience                          multinational corporations
                                         • We serve clients with distinction in both foreign
                                           and domestic intellectual property law
                                                                                               Criminal Procedure Law, has considered
                                                                                               a number of topics in this analysis of
                                                                                                                                               promptly prepare an examination report and
                                                                                                                                               submit it to the director. If the psychiatric
                                                                                                                                               examiners are not unanimous in their opinion
                                         • We help clients identify emerging technologies      CPL 730.20, entitled, “Fitness to               as to whether the defendant is or is not an inca-
    Over 8,000 patents granted             and ideas                                           Proceed; Generally”. The topics that were       pacitated person, the director must designate
                                                                                               considered and analyzed in this article         another qualified psychiatric examiner to
                                         For more information, call us today at
           Over 15,000                                                                         have been 1.) the purpose of the statute;       examine the defendant to determine if he is an
       trademarks obtained               516.365.9802 or fax us at 516.365.9805.               2.) who should bear the cost of the exam-       incapacitated person. Upon receipt of the
                                                                                               ination; 3.) the criteria and issues sur-       examination reports, the director must submit
    Over 40 years of experience                                                                rounding commitment and maintenance;            them to the court that issued the order of
                                                                                               4.) the issues surrounding the contents of      examination. The court must furnish a copy of
                                          1077 Northern Blvd., Roslyn, NY 11576                the report; 5.) the subject of examiners        the reports to counsel for the defendant and to
                                          www.CollardRoe.com                                   and the appointment of examiners; 6.)           the district attorney.
                                                                             THE QUEENS BAR BULLETIN – MARCH 2008                                                                                     7

                     Article 730/Mental Disease or Defect
                     Excluding Fitness to Proceed: Part II
6. When a defendant is subjected to examina-            People v. Weis, 32 AD2d 836, 301 NYS2d 186   18
                                                                                                        For other cases considering this issue, See,     20
                                                                                                                                                            13 AD2d 295, 216 NYS2d 590 (1st Dept.
tion pursuant to an order issued by a criminal          (3rd Dept. 1969).                            People v. Forgione, 134 AD2d 514, 521 NYS2d         1961)
court in accordance with this article, any state-                                                    101 (2nd Dept. 1987); People v. Wise, 47 AD2d
ment made by him for the purpose of the exam-           15
                                                          32 AD2d 885, 302 NYS2d 171 (3rd Dept.      969, 366 NYS2d 78 (3rd Dept. 1975); People v.       xxi For other cases on this, See, People v.
ination or treatment shall be inadmissible in           1969)                                        Szwalla, 31 AD2d 979, 297 NYS2d 843 (3rd            Forgione, Id.; People v. Butchino, 13 AD2d 183,
evidence against him in any criminal action on                                                       Dept. 1969); People v. Colavecchio, 11 AD2d         215 NYS2d 321 (3rd Dept. 1961); People
any issue other than that of his mental condi-          16
                                                          197 AD2d 394, 602 NYS2d 141 (1st Dept.     161, 202 NYS2d 119 (4th Dept. 1960); People v.      v.Draper, 278 App. Div. 298, 104 NYS2d 703
tion, but such statement is admissible upon             1993)                                        McNamee, 145 MIsc.2d 187, 547 NYS2d 519 (S.         (4th Dept. 1951); People v. Baldensko, 111
that issue whether or not it would otherwise be                                                      Ct. NY Co. 1989)                                    Misc.2d 605, 444 NYS2d 537 (S. Ct. Queens Co.
deemed a privileged communication.                      17
                                                           105 AD2d 1085, 482 NYS2d 174 (4th Dept.                                                       1981); and People v. Leach, 42 Misc.2d 143, 247
                                                        1984)                                        19
                                                                                                          189 AD2d 668, 592 NYS2d 704 (1st Dept. 1993)   NYS2d 198 (Erie Co. Ct. 1964) ■
7. A psychiatric examiner is entitled to his rea-
sonable traveling expenses, a fee of fifty dollars
for each examination of a defendant and a fee
of fifty dollars for each appearance at a court
hearing or trial but not exceeding two hundred
dollars in fees for examination and testimony
in any one case; except that if such psychiatric
examiner be an employee of the state of New
York he shall be entitled only to reasonable
traveling expenses, unless such psychiatric
examiner makes the examination or appears at
a court hearing or trial outside his hours of
state employment in a county in which the
director of community mental health services
certifies to the fiscal officer thereof that there is
a shortage of qualified psychiatrists available
to conduct examinations under the criminal
procedure law in such county, in which event he
shall be entitled to the foregoing fees and rea-
sonable traveling expenses. Such fees and
traveling expenses and the costs of sending a
defendant to another place of detention or to a
hospital for examination, of his maintenance
therein and of returning him shall, when
approved by the court, be a charge of the coun-
ty in which the defendant is being tried.

 People v. Butchino, 13 AD2d 183, 215 NYS2d
321 (3rd Dept. 1961)

  People v. Pershaec, 172 Misc. 324, 15 NYS2d
215 (Ct. of Gen. Sessions, NY Co. 1939)

 11 Op.State Compt. 55, 1955; 8 Op.State
Compt. 344, 1952.

 52 Misc.2d 1096, 277 NYS2d 438 (City Ct. of
Buffalo, 1967)

  196 Misc. 648, 92 NYS2d 461 (S. Ct. Onondaga
Co. 1949)

 See also on this, Op. Atty.Gen. Dec. 29 (1967);
7 Op.State Compt 230, (1951); Op.Atty. Gen.
243, (1945)

 109 AD2d 300, 491 NYS2d 529 (4th Dept.

 64 Misc.2d 730, 315 NYS2d 647 (Co. Ct.
Nassau Co. 1970)

  For cases on defects, errors, and omissions in
the report see, People v. Whysong, 175 AD2d
576, 572 NYS2d 243 (4th Dept. 1991) and
People v. Lowe, Id.

  137 AD2d 227, 528 NYS2d 698 (3rd Dept.

   126, Misc.2d 1072, 484 NYS2d 974 (S. Ct.
Kings Co. 1985)

     74 NY2d 919, 550 NYS2d 259 (1989)

  For other cases considering what constitutes
the proper appointment of qualified psycholo-
gists under this appointment, See, People v.
Armlin, 37 NY2d 167, 371 NYS2d 691, 332
N.E.2d 870 (1975); People v. Miller, 167 AD2d
958, 562 NYS2d 300 (4th Dept. 1990); People v.
Verrone, 96 AD2d 955, 466 NYS2d 411 (2nd
Dept. 1983); People v. Foster, 54 AD2d 595, 387
NYS2d 480 (3rd Dept. 1976) People v. Ross, 50
AD2d 1064, 375 NYS2d 714 (4th Dept. 1975);
                                                               THE QUEENS BAR BULLETIN – MARCH 2008                                                                                9

                                                               C   U L T U R E              C    O R N E R

   The month of March offers an assort-        SUNDAY, MARCH 9, 2008, AT 3 PM             other how they wanted to find Ingres’s         to be very pro-French today: first, a new,
ment of cultural delights for judges and    | EMANUEL AX, PIANO with members              great masterpiece. The countess and            pro-American         French      President,
lawyers who want to be well-rounded. As     of The New York Philharmonic: Sheryl          Ingres are both dead, but her beauty and       NICHOLAS SARKOZY and, second,
described below, if CHIEF JUDGE             Staples, violin | Cynthia Phelps, viola |     Ingres’s genius live on, for many genera-      THE TRIO WANDERER! Having lis-
JUDITH S. KAYE can find the time            Carter     Brey,     cello    WOLFGANG        tions to admire!                               tened to their live concert on February 10,
from her busy schedule, you can devote a    AMADEUS MOZART (1756-1791): String               I marveled at the productivity and cre-     I have never heard a Chamber group,
few hours each month to enrich yourself     Trio in E-flat Major, K. 563 (1788)           ativity of these immortals.       I paused,    since the Beaux Arts Trio; give such a
culturally.                                 ROBERT SCHUMANN (1810-1856):                  appreciating the irony, that as I devoted      technically spectacular and emotionally
                                            Quartet for Piano and Strings in E-flat       on average no more than a minute per           compelling performance, ever! I was not
              92 STREET Y                   Major, Op. 47 (1842) Sheryl Staples,          painting, these great immortals slaved for     alone. The TRIO WANDERER was
                                            Cynthia Phelps, Carter Brey, Emanuel Ax       countless, intense hours on only a portion     greeted with a standing ovation at the
   Founded in 1874 by a group of vision-       SATURDAY, APRIL 5, 2008, AT 8PM            of the canvas, let alone imagine the effort    concert’s conclusion!
ary Jewish leaders, the 92ND STREET Y | PETER SERKIN, PIANO (ONLY                         in finishing the whole tableau! There’s a         The TRIO WANDERER performed a
has grown into a wide-ranging cultural, NEW YORK RECITAL) JOSQUIN DES                     sense of pain that I feel upon seeing a        vibrant account of Mendelssohn’s [1809-
educational and community center serv- PREZ (c.1450-1521): Ave Christe (reset             great masterpiece. I marvel at the beauty      1847] Trio number 2 in C Minor. Their
ing people of all races, faiths and back- for piano by Charles Wuorinen, 1988)            of the work and the hours it must have         technical precision and playing in unison,
grounds. The 92nd Street Y’s mission is to OLIVIER MESSIAEN (1908-1992):                  taken Turner, for example, to create the       attentive to each other, was breath-taking.
enrich the lives of the over                             Petites esquisses d’oiseaux      atmospheric looks of the sky in his paint-     When I studied their backgrounds, it was
300,000 people who visit each                            (1985)           JOHANNES        ings. The poor man is dead, and I won-         revealing that Messieurs Coq, Pidoux, and
year. The 92nd St. Y is locat-                           BRAHMS           (1833-1897):    dered whether my spending 60-90 seconds        Phillips-Varjabedian, the members of the
ed at the southeast corner of                            Theme and Variations in D        appreciating the beauty of each of his         TRIO WANDERER, studied with mas-
Lexington Avenue and 92nd                                minor (1860) (arr. of Andante,   works on display is a sufficient tribute or    ters of the craft, including pianist
Street in Manhattan’s Upper                              ma moderato from String          a sign of great disrespect to a master?        Menahem Pressler, the head of the Beaux
East Side.                                               Sextet No. 1 in B-flat Major,       Before I could continue my self-flagel-     Arts Trio, and Czech cellist Janos Starker,
   On February 9, I attended,                            Op. 18) CHARLES WUORI-           lation in existential introspection, I real-   who now teaches at Indiana University
at the 92 St. Y, a performance                           NEN (b. 1988): Scherzo for       ized that the purpose of my trip to Frick      [and has written an autobiography].
by the TOKYO STRING                                      Piano (2007) (world premiere,    this particular Sunday was now about to           Next on the program was Trista from
QUARTET. The performance                                 92nd Street Y commission)        occur! For 1 to 2 Sundays per month, from      La Vallee D’Obermann by Liszt [1811-
was Haydn’s String Quartet in                            BRAHMS: Variations and           October through April, the Frick offers        1886], also superbly rendered. After the
C Major, an avant garde string                           Fugue on a Theme by Handel       what has got to be New York’s cheapest         intermission, the Trio Wanderer played an
quartet by Japanese composer          Howard L.          in B-flat Major, Op. 24 (1861)   seat for a concert of first-rate classical     emotional, dynamic account of Ravel’s
Toshio Hosokawa [born 1955],            Wieder              SUNDAY, APRIL 13,             music celebrities. THE ASTONISHING             [1875-1937] Piano Trio in A, with its unre-
which received its New York                              2008 AT 3PM | LANG               WOMAN WHO DEVOTES HER LIFE                     lenting fast tempos, setting the heart of
premiere that evening, and a                             LANG, PIANO            (92ND     TO MAKING THESE CONCERTS A                     the piece. The TRIO WANDERER was
thrilling account of Brahms’s String STREET Y DEBUT) with members of                      SUCCESS IS MS. JOYCE BODIG.                    gracious, in light of the standing ovation,
Quartet in A minor.         The TOKYO The New York Philharmonic: Michelle                 Joyce Bodig, on behalf of the Frick, single-   to play an encore, the final movement of
STRING QUARTET will be next per- Kim, violin | Carter Brey, cello | Cynthia               handedly combs the world of classical          Dvorak’s Dumky Trio.
forming at the 92 St. Y on Saturday, March Phelps,       viola;     LUDWIG         VAN    music artists who have already received           Do yourself a favor: buy the discs of the
15, at 8 PM, where its program will consist BEETHOVEN (1770-1826): String Trio in         great critical acclaim, but usually and        TRIO WANDERER. The Harmonia
of: Webern’s String Quartet, Webern’s C minor, Op. 9, No. 3 (1797-1798) FRANZ             unfortunately, who have not yet received       Mundi label is slightly more expensive,
Rondo for String Quartet, Haydn’s String SCHUBERT (1797-1828): Piano Trio in              great celebrity.                               but it’s worth it. A recent release by the
Quartet in D Major, and Dvorak’s String B-flat Major, Op. 99 (1828) Michelle Kim,            From October, I saw that February           group, Brahms’s Complete Piano Trios, is
Quartet no. 12 in F major.                  Carter Brey, Lang Lang                        would be my month to visit the Frick           a 2-CD set and is SUPERB!!
   Audience favorite Emanuel Ax kicks          SATURDAY, MAY 10, 2008 AT 8PM              Collection, because the performers that           The concert series at the Frick collec-
off a new season of the 92nd Street | PAUL LEWIS, PIANO (ONLY NEW                         month were the TRIO WANDERER [on               tion are only $25 a seat. The concerts are
Y's ACCLAIMED PIANO SERIES, YORK                        RECITAL)          WOLFGANG        February 10], a three-person French            played in a beautiful, intimate music
MASTERS OF THE KEYBOARD, ON AMADEUS                         MOZART        (1756-1791):    chamber music group whose artistry is          room of the mansion, whose acoustics are
MARCH 9, 2008. Ax returns for his Fantasia in C minor, K. 475 (1785)                      appreciated by music-lovers throughout         superb. Tickets may be purchased for the
first appearance at the Y in 15 years GYÖRGY LIGETI (1923-2006): Musica                   the world and German pianist Markus            three remaining concerts of this season at
to perform chamber music with members ricercata (1951-53) MOZART: Rondo in A              Groh [on February 24], whose CD of Liszt,      www.frick.org, and then hitting the CON-
of the New York Philharmonic. minor, K. 511 (1787) FRANZ SCHUBERT                         on the Arvie label, I placed in my top ten     CERTS button on the web site.
Renowned for his poetic temperament (1797-1828): Sonata in G Major, D. 894                classical music CDs for 2006 [“Culture
and unsurpassed virtuosity, Ax's ensem- (1826).                                           Corner” column, Queens Bar Bulletin,              THE NEW YORK CITY OPERA
ble performances are unusually excep-                                                     December 2006]. Since I am required to
tional, and this not-to-be-missed per-           THE FRICK COLLECTION                     submit this column in early February, my          Now is the time to buy tickets for
formance features Mozart's String Trio                                                    review of the Markus Groh concert will         the Spring Season of the NEW YORK
in E-flat Major, K. 563 and Schumann's         One of the greatest cultural treasures     have to wait another issue. I wanted to        CITY OPERA. The Spring season fea-
Quartet for Piano and Strings in E-flat in New York City lies inside the walls of         hear the TRIO WANDERER live in con-            tures the operas MADAMA BUTTERFLY,
Major, Op. 47. Ax’s recently released the famed mansion on Central Park East              cert for a long time; could you imagine my     TOSCA, FALSTAFF, and CANDIDE. New
interpretations of Brahms’s Piano between east 70th and 71st Street. The                  surprise when I learned that I was the         York City residents are blessed to have the
Concertos received great acclaim.           FRICK COLLECTION has a treasure of            only reviewer to attend their concert! To      METROPOLITAN OPERA and NEW
   The Masters of the Keyboard series priceless sculptures, bronzes, and paint-           be the only reviewer in attendance was         YORK CITY OPERA, both at Lincoln
continues on April 5 with acclaimed ings. Admission to the FRICK COL-                     surely exhilarating for me in scoring          Center on Manhattan’s Upper West Side,
pianist Peter Serkin (in his only New LECTION is fairly modest at $15 for an              another coup [I know talent when I see         for major opera talent and the AMATO
York recital this season), which fea- adult [$10 for senior citizens], and for            and hear it - - and I am still entitled to     OPERA on the Bowery and Bleeker
tures a World Premiere by composer those persons on limited budgets, admis-               bragging rights for advocating the selec-      Street for aspiring, talented performers.
Charles Wuorinen, with whom Serkin sion on Sunday between 11 A.M. to 1:00                 tion of Alan Gilbert as the next Music            The Fall/Winter season of the NEW
has had a long-standing relationship. P.M. is by any contribution you may wish            Director of the New York Philharmonic,         YORK CITY OPERA was a major tri-
Scherzo for Piano is a commission by to give. These concerts often get sold out,          which I did in my “Culture Corner” col-        umph, especially with that company’s abil-
the 92nd Street Y.                          and the Frick permits persons to listen to    umn for February, 2007, published in the       ity to recruit famous, talented singers to
   On April 13, Lang Lang makes his its concerts for free, by audio, in the               March 2007 issue of the Queens Bar             perform operas as Vanessa, Carmen, and
92nd Street Y debut with members of indoor, glass-topped garden, adjoining the            Bulletin and repeated in our April issue,      Cendrillon, with imaginative staging.
the New York Philharmonic in an after- performance hall.                                  well before his selection in July of that      Similar to the circumstances in the contest
noon of chamber music. Lang Lang is a          On Sunday, February 10, I spent less       year, when the world asked “Alan who??” -      for the Democratic Party’s nomination for
Chinese pianist that has been delighting than an hour touring the art works at the        - and I was the ONLY reviewer to call          President, PETER GELB, the dynamic
Western audiences with his dramatic, Frick Collection, hardly making a dent in            that selection correctly, to the consterna-    General Manager of the Metropolitan
intense interpretations at the keyboard.    gazing at the beauty of the many sculp-       tion of my competitor celebrity critics who    Opera has to work all that harder knowing
   The season wraps up on May 10 with tures and paintings. It was an eye-opener           write for daily newspapers]. Yet, I imme-      that his next-door neighbors at the New
the 92nd Street Y debut of Paul to realize that not all the priceless art                 diately understood how distressing this        York City Opera are formidable and tal-
Lewis, one of the most exciting artists of treasures are housed at the Metropolitan       must be on the performers of the TRIO          ented competitors. Enjoy the Spring sea-
his generation. Paul Lewis is a master Museum of Art in New York or the Louvre            WANDERER, who need a well-oiled PR             son in April and May at the City Opera’s
interpreter of Beethoven and Schubert, in Paris. At the Frick Collection, I saw           machine to make them famous. Their tal-        location, before it gets remodeled, forcing
among other composers. If you are lucky masterpieces by Rembrandt, Vermeer,               ent is extraordinary!                          that company to secure another site to per-
enough to find his CDs, purchase them Ingres, Turner, Renoir, Monet, Hans                      The TRIO WANDERER consists of             form for the 2008-2009 season.
immediately. His interpretations and per- Holbein the Younger, Bronzini, Titian,          Vincent Coq on the piano, Jean-Marc               Schedules and tickets, at reasonable
formances are of the highest, most Gainsborough, and Whistler. There is a                 Phillips-Varjabedian on the violin, and        prices, may be found at www.nycopera.com.
extraordinary caliber.                      huge painting of a countess by Ingres that    Raphael Pidoux on the cello. It must be
   A series subscription is available captivated me. Like the genius of Da                agonizing for these super-talented per-           THE METROPOLITAN OPERA
for $120; single tickets are $40 ($25 Vinci’s Mona Lisa, who looks at you no              formers, who, despite an impressive
for ages 35 and under) and may be pur- matter where you stand vis-a-vis the               discography on the Harmonia Mundi                January and February were blockbuster
chased by calling 212.415.5500, visiting painting, Ingres, in executing this paint-       label, still have not reached the celebrity    months for the METROPOLITAN
www.92Y.org/concerts, or at the box office. ing of the countess, achieved the same        which they are justly and long overdue!        OPERA, which is continuing to score one
   It bears repetition; please mark these effect. And, as I left the painting, I over-    So let me address the segment of               major critically acclaimed coup after anoth-
dates on your calendar: March 9, April 5, heard a French couple, as they literally        Francophobes who still cling to “Freedom
April 13, and May 10. Let me elaborate:     rushed to the painting, saying to each        Fries”: “Get off it!” There are two reasons                          Continued On Page 10
10                                                                              THE QUEENS BAR BULLETIN – MARCH 2008

                                                                            C    U L T U R E            C    O R N E R

Continued From Page 9                                  chances, when the opera was next per-          the ardent tenor of MARCELLO GIOR-
                                                       formed on Friday, Feb. 8, costumed actors      DANI. Music Director James Levine con-
er in its season, which concludes in mid-              erected a mini-wall on stage, behind           ducted his first Met performances of the
May. Please don’t get caught as being so               which the donkeys were kept, in the            work since 1981.
work-consumed that you are forced to be a              event they needed to respond to nature’s          Act I of MANON LESCAUT begins
one-dimensional, uncultured, and soul-less             call in the middle of a star’s aria.           with a rousing vocal rendition of several
lawyer. Cultural riches abound at the                     In January 2008, German composer            minutes duration by the character of
Metropolitan Opera.                                    Engelbert Humperdinck’s [1854-1921]            Edmondo, a fellow student of the character
   In 1996, I attended, at the METRO-                  opera “HANSEL und GRETEL” was                  played by lead tenor MARCELLO GIOR-
POLITAN OPERA, Franco Zeffirelli’s                     staged at the Met Opera with creative          DANI. Edmondo was played by the young,
bustling and colorful production of                    staging and costumes. At the perform-          handsome, and remarkable tenor SEAN
“Carmen.”      The Zeffirelli production               ance of Saturday evening, Jan. 26, 2008,       PANIKKAR. If SEAN PANIKKAR’S
returned to the MET OPERA in February                  sitting eight rows directly in front of me,    performance can be equated to baseball
2008, starring OLGA BORODINA, per-                     in the orchestra section on the aisle, was     parlance, he hit a grand slam! I was unfa-
haps the world’s greatest mezzo-soprano                the HONORABLE JUDITH S. KAYE,                  miliar with him, but when he began
in the title role as the gypsy vamp and                CHIEF JUDGE OF THE NEW YORK                    singing with a supple, strong, and lyrical
temptress and Russian soprano MAIJA                    COURT OF APPEALS.                    CHIEF     tenor voice, my first impulse was to reach
KOVLEVSKA as the sweet, loyal                          JUDGE KAYE was handsomely attired              for the program, which amazingly had no
Micaela. BORODINA and KOVLESKA                         for the Saturday evening performance,          biographical notes about him! He kept his
delivered memorable, knock-out perform-                and I witnessed how she graciously got up      character as a seducer of women and kept
ances. In the 2006 season, KOVLEVSKA                   from her seat to greet every single well-      singing, even though one of his attempted
was brilliant in the starring role of Mimi             wisher who approached her, engaging            sexual conquests threw a pail of water on
in “La Boheme” in 2006 at the Met Opera,               them in conversation.                          him. The beauty of SEAN PANNIKAR’S
and BORODINA, who always gives a                          On the heels of her triumph in              voice defies description and even threat-
commanding performance, was vocally                    “Jenufa,” beautiful, Finnish soprano           ened to out-perform Giordani, the lead,
exquisite in “Don Carlo.” Seeing BORO-                 KARITA MATTILA added another land-             whose voice was insufficiently warmed up
DINA and KOVLEVSKA perform in the                      mark role to her Met Opera repertory, the      when the opera began.                                         Sean Pannikar
same opera was a treat.                                free-spirited beauty Manon Lescaut.               Why is SEAN PANNIKAR not being
   A Zeffirelli production is fraught with             Puccini, who was difficult on his collabo-     cast in lead tenor roles? The MET              BALLO IN MASCHERA,” the final per-
danger. Let me explain. In his produc-                 rators, used seven librettists before being    OPERA may have no choice but to give           formances of which will be held at the Met
tion of Carmen, no expense is spared.                  satisfied with the story. The story is that    Pannikar lead roles, because Giordani may      Opera on APRIL 16, APRIL 19, AND
There are townsfolk and soldiers parad-                of the magnetic attraction between two         be emailing his fellow star tenors not to      APRIL 23. In those performances, the
ing in this setting of a Spanish town in or            young lovers and how young and foolish         perform in the same opera with Sean            role of Amelia will be played by the gifted
about the early nineteenth century. In                 Manon Lescaut thought that she could           Pannikar, especially if preceded in vocal      ANGELA BROWN, who earlier this sea-
the first and fourth acts, there are, in               have her cake and eat it, too. In the opera,   appearance by him. A recent graduate of        son was brilliant in the title role of AIDA.
addition, a large children’s chorus, sever-            the title character falls in love with a       the San Francisco Opera Adler Fellowship,      ANGELA BROWN is taking over the
al horses, three dogs, and two or three                handsome young man, but is fatally             SEAN PANIKKAR is quickly becoming              role of Amelia from MICHELE CRIDER,
donkeys, all parading and being paraded                attracted to the wealth and luxury offered     known for his “surpassing musicality and       a wonderful soprano. Both ANGELA
on stage. At “Carmen’s” season premiere                her by an old, and vindictive suitor.          passion, commanding self-confidence and        BROWN and MICHELE CRIDER are
night of Monday, Feb. 4, just as                       MANON LESCAUT, which was also                  gorgeous expression.” The American tenor       African-American operatic star sopranos
KOVALEVSKA was singing her first                       broadcast into select movie theaters for an    of Sri Lankan heritage made his San            who are in top form! Previously, one had
lines of the opera, a donkey relieved itself           HD showing on Feb. 16, displayed Finnish       Francisco Opera debut as Chaplitsky in         to look back to Leontyne Price and Marian
on stage, prompting the packed audience                soprano KARITA MATTILA’S exhilarat-            The Queen of Spades, but first was intro-      Anderson to find African-American
into gales of laughter. Not taking any                 ing charisma, especially when matched by       duced to San Francisco audiences at the        women who achieved the super-strata of
                                                                                                      Merola Opera Program’s Yerba Buena             the operatic world.             Now, both
                                                                                                      Gardens Concert, where he sang Nadir in        MICHELLE CRIDER and ANGELA

                                                                                                      excerpts from Les Pêcheurs de Perles. He       BROWN provide great artistry to the
                                                                                                      went on to sing the title role in the San      major leagues of the operatic world. And
                                                                                                      Francisco Opera Center’s production of Le      please do not forget CHERYL
                                                                                                      Pauvre Matelot and since has performed in      WARFIELD, another immensely talent-
                                                                                                      Company productions of The Maid of             ed African-American soprano, whose per-
                                                                                                                                                     formance as Santuzza in “Cavalleria
                        A Full Service Title Agency
                                                                                                      Orleans, Fidelio, Norma, and The Magic
                                                                                                      Flute (an abbreviated version for children).   Rusticana” I praised in my column on the
                                                                                                         Other engagements in 2007-2008              AMATO OPERA in the “Culture Corner”
                                                                                                      include Alfredo in La Traviata at the          column of the Queens Bar Bulletin’s
         Providing Services Statewide in New York                                                     Arizona Opera and the role of Gomatz in        December 2007 issue.              CHERYL
                                                                                                      Mozart’s Zaïde at the Aix-en-Provence          WARFIELD’S blog on opera appears reg-
                                                                                                      Festival, in the south of France, in a pro-    ularly on the web site of www.nysun.com.
         Threshold Land Inc. has state of the art technology and is equipped to provide excellent     duction directed by Peter Sellars and con-         The Met Opera’s season ends in
          service for both residential and commercial transactions throughout New York State.         ducted by Louis Langrée.                       mid-May. Please go to either www.met-
                                                                                                         Last season, Mr. Panikkar appeared          opera.com or www.metopera.org to see
                                                                                                      with the San Francisco Opera as the Young      schedules and buy tickets for “UN
                                                                                                      Sailor and Shepherd in Tristan und Isolde      BALLO IN MASCHERA,” “LA TRAVIA-
     G Owner Title Insurance Policies                    G Tax and Municipal Searches                 and as Edmondo in Manon Lescaut both           TA” - - starring Ruth Ann Swenson,
                                                                                                      under the baton of Donald Runnicles. He        “LUCIA DI LAMMERMOOR” - - with
     G Mortgage Title Insurance Policies                 G Special Searches
                                                                                                      also performed Beethoven's Symphony No.        Natalie Dessay, who got rave reviews for
     G Cooperative Apartment Lien                        G Survey Inspections                         9 with the San Francisco Symphony Youth        her brilliant performance, “PETER
                                                                                                      Orchestra, Mahler’s Das Lied von der Erde      GRIMES,” “TRISTAN UND ISOLDE,”
       Searches                                          G Document Recording Services                (in the chamber arrangement by Arnold          “ERNANI,” “THE GAMBLER” - -
                                                                                                      Schönberg) with the Saint Paul Chamber         Prokofiev’s opera, crowd pleaser and Met
     G Foreclosure Searches                              G Document Retrieval Services
                                                                                                      Orchestra at the Ojai Festival, Die            Opera staple “La BOHEME,” “SATYA-
     G Full and Short Period Title                       G Settlement Services
                                                                                                      Zauberfl_te with Leonard Slatkin at The        GRAHA,” an opera on the life of Ghandi
                                                                                                      Hollywood Bowl, and he joined Esa-Pekka        by Philip Glass, Donizetti’s “LA FILLE
       Searches                                                                                       Salonen and the Los Angeles Philharmonic       DU REGIMENT”- - starring Juan Diego
                                                                                                      for The Tristan Project in Los Angeles and     Florez, “DIE ENTFUHRUNG AUS DEM
                                                                                                      at Lincoln Center.                             SERAIL,” “THE FIRST EMPEROR,” and
                                                                                                         SEAN PANIKKAR was a Metropolitan            Mozart’s “LA CLEMENZA DI TITO.
     The staff at Threshold Land Inc. is experienced, dedicated and                                   Opera National Council Pittsburgh
     efficient. Their sense of urgency, responsiveness and commitment to                              District winner and Great Lakes Regional             DMITRI HVOROSOTVSKY
                                                                                                      Finalist (Encouragement Award winner).
     detail allows Threshold to provide the best possible service to its                              He recently was honored by the George              Talking of superlative talents,
     clients.                                                                                         London Foundation with the 2007 Robert         DMITRI HVOROSTOVSKY has got to
                                                                                                      Jacobson Memorial Award. He is a former        be the greatest operatic baritone in the
     Our attorneys and other real estate and title experts have decades of                            member of the Pittsburgh Opera Center,         world in active practice. His latest CD is
                                                                                                      Central City Opera Studio Artist program,      “Heroes and Villains” on the Delos label.
     experience in the Title Insurance Industry.                                                      and Seagle Music Colony.          He holds     The handsome, charming, supremely gift-
                                                                                                      Masters and Bachelor degrees in Voice          ed, Russian baritone performs concerts
                                                                                                      Performance from the University of             and operas world-wide. Yet, I believe he is
                                                                                                      Michigan. He and his wife currently reside     still under-appreciated. A recent signing
         Experienced in Foreclosure Related Closings                                                  in San Francisco.
                                                                                                         On the subject of great opera singers, I
                                                                                                                                                     in New York City, after Christmas at the
                                                                                                                                                     Met Opera gift shop, did not produce the
             For information call ... 631.224.1345                                                    have one request of you: please do not
                                                                                                      miss the chance to see the extraordinary
                                                                                                                                                     long lines that I imagined would appear
                                                                                                                                                     for a talent of this magnitude. Perhaps
                       E-Mail us at: order@thresholdland.com                                          baritone DMITRI HVOROSTOVSKY,                  the bad scheduling had to account for the
                                                                                                      discussed below, perform in “UN                attendance. Another reason is that bari-
                                                                    THE QUEENS BAR BULLETIN – MARCH 2008                                                                                           11

                                                                    C    U L T U R E               C    O R N E R

tones are usually written by operatic com-       tation on the recital stage and praise his      formance. I warn you that you need to be          and Thursday, March 20, at 7:30 PM.
posers in supporting roles, thus making it       acting aplomb in operas.                        coldly emotionless if you are not reaching        La Scala, by Gaetano Donizetti,
harder for a great talent to be recognized.         The sheer beauty of his voice, his dra-      for a handkerchief or tissue during Act III.      directed, designed and costumed by
    DMITRI HVOROSTOVSKY has an                   matic stage presence and smoldering good        The film was shown at SYMPHONY                    Pier Luigi Pizzi Conductor: Antonino
impressive discography, and I urge you to        looks, have prompted many comparisons           SPACE on Manhattan’s Upper West Side              Fogliani Cast: Includes Mariella Devia
buy any of his many recordings. Among            to movie stars. Not many opera singers          on both Feb. 13 and Feb. 17, 2008.                (Maria Stuarda), Anna Caterina
the great opera DVDs featuring his per-          have made it onto People Magazine’s                MAESTRO LORIN MAAZEL, about                    Antonacci (Elisabetta)LA FORZA DEL
formances are IL TROVATORE, where                annual list of the world’s most beautiful       to start his last year as the Music Director      DESTINO
HVOROSTOVSKY portrays the malevo-                people. But be warned, says CBS News,           of the New York Philharmonic, is on the              Film Viewing: at Symphony Space,
lent Count di Luna whose obsession for           "Hvorostovsky is hardly opera's 'Pin-up         podium in this filmed opera and does a            on April 6 and April 23, 2008 Teatro
revenge boomerangs, to his horror, at the        Boy' -- he sings Tchaikovsky like a God!"       masterful job! MAESTRO MAAZEL                     del Maggio Musicale, Florence, by
opera’s denouement and EUGENE ONE-               The scope of Hvorostovsky's repertoire is       leads the orchestra of the famed La Scala         Giuseppe Verdi, directed by Nicolas
GIN, where DMITRI HVOROSTOVSKY                   unprecedented. His great intellect and          opera house with a high voltage perform-          JoelConductor: Zubin Mehta Design:
gives a not-to-be-missed performance of          love for music drive him to explore every       ance, especially in the closing Act III.          Ezio Frigerio Costumes: Franca
the title character whose narcissism man-        facet of the arts. This balancing act of tra-   Having seen several live versions of              Squarciapino Cast: Includes Violeta
ages to destroy the lives of an adoring girl-    ditional opera productions and recital per-     Verdi’s “La Traviata,” this one, brought on       Urmana (Donna Leonora), Carlo Guelfi
friend and a best friend. You will not be        formances show a willingness, or rather,        film by Emerging Pictures, is brilliantly         (Don Carlos di Vargas), Marcello Giordani
disappointed by these DVDs and CDs.              an enthusiasm to take bold artistic             acted and an emotional powerhouse.                (Don Alvaro), Julia Gertseva (Preziosilla)
That’s a promise you can count on!               chances.                                           The film “LA TRAVIATA” is superbly             IL TRITTICO
    HVOROSTOVSKY was born in the                    Hvorostovsky made his film debut in a        directed by LILIANA CAVANI, who clev-                Film Viewing: at Symphony Space,
central Siberian city of Krasnoyarsk. As a       contemporary film adaptation of Mozart’s        erly used flashbacks right in the opening         on May 18 and May 19, 2008 La Scala,
teen singing “rock ' n’ roll,” he discovered     opera Don Giovanni, produced by                 to Act III, the high-charged denouement.          by Giacomo Puccini, directed by
his voice was far too rich and complex for       Rhombus Films. Titled Don Giovanni              The filmed opera is designed by Dante             Luca Ronconi Conductor: Riccardo
rock and began to study music, piano, and        Unmasked, Dmitri had the feature roles          Ferretti and choreographed by Micha van           Chailly Design: Margherita Palli
conducting while living in Communist-            as both Don Giovanni and Leporello. Don         Hoecke.                                           Costumes: Silvia Aymonino Cast:
controlled Russia. In 1987, he won first         Giovanni Unmasked, which aired on PBS              In the United States, EMERGING                 Includes Juan Pons (Michel), Miro
prize at a national singing competition          “Great Performances” and television net-        PICTURES is presenting this series                Dvorski (Luigi), Paoletta Marrocu
and again first prize at the Toulouse            works worldwide in the fall of 2000,            through Emerging Cinemas, its network             (Giorgetta), Anna Maria Popescu
Singing Competition in 1988. He won the          earned international critical acclaim for       of digital venues comprised of museums,           (Frugola), Barbara Frittoli (Suor
Cardiff Singer of the World Competition          the baritone. The film won a number of          performing arts centers, art houses and           Angelica), Mariana Lipovsek (Zia
in 1989.                                         prestigious awards, including The Silver        cultural centers nationwide. Emerging             Principessa), Leo Nucci (Gianni Schicchi),
    From the moment he won the Cardiff           Rose for Music (top prize in this category)     Pictures has again partnered with                 Nino Machaidze (Lauretta), Cinzia De
Singer of the World Competition in 1989,         at the Golden Rose Festival in Montreux,        Screenvision for distribution of the              Mola (Zita), Stefano Secco (Rinuccio) LA
Dmitri Hvorosotvsky has been likened             Switzerland and the Gold World Medal,           operas to movie theaters nationwide.              RONDINE
by critics to the great voices of the century.   Performing Arts Special at the New York         Screenvision is a leading cinema adver-              Film Viewing: at Symphony Space,
The silver-haired Russian baritone is one        Festival.                                       tising and movie pre-show entertain-              on June 8 and June 12, 2008Teatro La
reason opera audiences around the world             Dmitri Hvorostovsky's numerous               ment company, and also provides a vari-           Fenice, Venice, directed by Graham
are getting younger, but it is the beauty of     recordings for Delos Records include: a         ety of alternative content programming            Vick Conductor: Carlo Rizzi Design:
his voice - - refined and powerful - - that      recent CD of hauntingly beautiful Russian       to its network of U.S. movie theatres via         Peter J. Davison Cast: Includes Fiorenza
cuts across barriers of age and taste.           war songs titled “Where Are You My              its Screenvision Programming Services             Cedolins (Magda), Massimo Giordano
    One of the opera world’s biggest stars,      Brothers”; his CD “Passione Di Napoli,” a       division.                                         (Ruggero)
performing in all of America’s great opera       blockbuster of Neapolitan songs, including         The operas are presented via digital
houses and concert halls on a regular basis,     such evergreen favorites as “O Sole Mio”        cinema servers, enabling theaters to                 THE NEW YORK CITY BALLET
there is an audible stir when Dmitri             and “Santa Lucia,” marking the first time       select the date and time of single or mul-
Hvorostovsky strides on stage. It is his         he has ventured into this repertoire; a disc    tiple presentations. With the release of             This spring, the New York City Ballet
voice, combined with a fiery passion and an      of Verdi arias accompanied by Verdi spe-        Aida in December 2007, Screenvision and           will celebrate Jerome Robbins, the
acute musical intelligence that transfixes       cialist Mario Bernardi; a disc of Russian       Emerging Pictures were the first compa-           groundbreaking choreographer and direc-
audiences everywhere. Few singers today          folk songs, Moscow Nights, accompanied by       nies worldwide to bring opera to cinemas          tor who transformed American musical
concentrate on the expressive content of a       Constantine Orbelian leading the Moscow         equipped with the 2k systems of Texas             theater, and who also made the New York
piece with such intensity. This rare bal-        Chamber Orchestra and a traditional             Instruments DLP Cinema technology con-            City Ballet (“NYCB”) his artistic home for
ance of musical power and passion, coupled       Russian ensemble, the Style of Five; music      forming to the guidelines set by the              nearly 40 years.
with his cultivated expansive voice, has         from the great Russian composer Sviridov        Digital Cinema Initiative (DCI) experts              The Jerome Robbins Celebration,
made Hvorostovsky one of the leading per-        entitled Sviridov: A Vocal Poem.                which provide the absolute best image for         which will mark the 90th anniversary of
formers of his, or any, generation.              Hvorostovsky’s latest release “Heroes and       the viewers.                                      the choreographer’s birth in 1918, will
    When Dmitri Hvorostovsky takes his           Villains” features arias from “Boris               In addition to “La Traviata,” produc-          take place at the New York State Theater
bow at the Metropolitan Opera or La              Godunov,” Wagner’s “Tannhauser” and             tions slated for big screen release are           from April 29 through June 29, 2008, and
Scala, he can make rock concert audiences        Verdi’s great villains.                         Donizetti’s “Maria Stuarda” (La Scala),           will feature 33 ballets that Robbins creat-
look shy and retiring. The handsome                 Recent seasons showcased the bari-           Puccini’s” Il Trittico” (La Scala), Verdi’s “La   ed over a span of more than 50 years.
singer is a phenomenon. The moment he            tone's impressive wide range, from his          Forza del Destino” (Maggio Musicale) and              Highlights of the celebration, which
steps onto the stage there are cheers, sig-      lavishly praised performances in “Eugene        Puccini’s “La Rondine” (Teatro La Fenice).        will focus on Robbins’ work for the ballet
nifying the public’s love and respect for        Onegin,” “War and Peace,” and “Don              Emerging Pictures’ first two opera releas-        stage, will include an historic recreation of
his artistry. Hvorostovsky also loves            Carlo” at the Metropolitan Opera.               es, “Aida” (La Scala) and “Tristan und            his original 1965 staging of Les Noces, as
doing recitals, a simpler, subtler, more         Hvorostovsky also remains deeply com-           Isolde” (La Scala), continue screening in         well as his 1983 collaboration with Twyla
direct form of music making, and is wide-        mitted to introducing Russian music to          theaters across the United States, United         Tharp, Brahms/Handel, which has not
ly considered to be the finest recitalist        audiences around the world and retains          Kingdom, Brazil and Canada.                       been performed since 1991. The season
performing in the world today. Audiences         strong musical and personal contacts with          Movie showings are at Symphony                 will include several other ballets that
and critics alike marvel at his experimen-       Russia. Recent recitals and concert works       Space, and you may check www.sympho-              have not been performed by NYCB for
                                                 include Hvorostovsky singing the world          nyspace.org for details. Movie theater            many years, including Watermill, Other
                                                 premiere of the great Russian composer          tickets for these operas are priced at            Dances, and Four Bagatelles.
                                                 Georgi Sviridov's song cycle (written           about $20, with a discount for seniors.              The Jerome Robbins Celebration will
                                                 expressly for Hvorostovsky).                       The producer of these films, EMERG-            begin on Tuesday, April 29 with a special
                                                                                                 ING PICTURES, was founded in 2002 by              one-time-only Spring Gala performance
                                                    OPERA ON FILM: EMERGING                      Barry Rebo, Giovanni Cozzi, and Ira               featuring Circus Polka, The Four Seasons,
                                                      PICTURES BROADCASTS                        Deutchman to create a new theatrical dis-         and West Side Story Suite. The celebra-
                                                         FROM LA SCALA                           tribution process for independent, inter-         tion will continue through June 29 and
                                                                                                 national and documentary films through            will feature ten all-Robbins programs,
                                                    Following       ANGELA          GHEO-        the use of digital technology. Emerging           each showcasing a different aspect of the
                                                 RGHIU’S celebrated La Scala debut as            has grown into a distribution, marketing          choreographer’s work.
                                                 Violetta in the 2007 production of La           and exhibition company through its net-              In addition to the ten all-Robbins pro-
                                                 Traviata, EMERGING PICTURES                     work of affiliated theaters, Emerging             grams, NYCB’s 2008 spring season will
                                                 brought this performance to theaters            Cinemas, which bring first-run art house          include seven additional programs featur-
                                                 as part of its High Definition opera            cinema and other specialty programs,              ing ballets by George Balanchine, Mauro
                                                 series. Cinemas across the U.S. and             such as operas, concerts, and Syndicated          Bigonzetti, Peter Martins, Alexei
                                                 abroad will be participating in these           Film Festivals and series to cities and           Ratmansky, Susan Stroman, and
                                                 screenings. Gheorghiu (playing Violetta)        communities that would otherwise not              Christopher Wheeldon. These 17 unique
                                                 leads an all-star cast in this outstanding      usually have access to such films. See            programs will feature a total of 54 differ-
                                                 film staging from the great stage of the La     www.emergingpictures.com.                         ent ballets. More information is available
                                                 Scala opera house in Milan, Italy. The out-        PRODUCTION AND CAST INFOR-                     at www.nycballet.org. ■
                                                 standing cast includes Mexican tenor            MATION of the High Definition, Digital,
                                                 RAMÓN VARGAS, in a splendid perform-            Surround Sound Screening of the remain-
                                                                                                                                                   HOWARD L. WIEDER is the sole editor/writer of both
                                                 ance as Violetta’s lover Alfredo Germont,       ing operas on film, to be shown in                “THE CULTURE CORNER” and the “BOOKS AT THE
                                                 and     Italian   baritone    ROBERTO           Manhattan’s SYMPHONY SPACE are:                   BAR” columns, appearing regularly in THE QUEENS
                                                 FRONTALI, as Alfredo’s meddling father          MARIA STUARDA                                     BAR BULLETIN, and is Justice Charles J. Markey’s
                                                 Giorgio Germont. This film version of La             Film Viewing:           at Symphony          Principal Law Clerk in IAS Part 32 of Supreme Court,
             Dmitri Hvorostovsky                 Traviata is a wonderful, tear-jerker per-       Space, on Sunday, March 16, at 3 PM,              Civil Term, in Long Island City, New York.
12                                                                THE QUEENS BAR BULLETIN – MARCH 2008

                                                                   C    O U R T            N   O T E S

  The Following Attorneys Were              Dennis Emil Vourderis, a suspended            Richard L. Glachman, admitted as             Hector M. Roman, admitted as
Disbarred By Order Of The                   attorney (December 18, 2007)                         Richard Louis Glachman                Hector       Manuel       Roman,       Jr.
Appellate Division, Second Judicial            On March 3, 2007, the respondent                   (December 26, 2007)                  (December 26, 2007)
Department:                                 appeared in the Supreme                                  By order of the Supreme              The respondent was sanctioned $1000
                                            Court, Richmond County                                  Court of Florida dated             by the United States Court of Appeals for
John M. Claydon, Jr., admitted as           (Rienzi, J.) and pleaded                                   January 27, 2005, the           the Ninth Circuit and suspended from
John Mitchell Claydon, Jr. (December        guilty to grand larceny                                     respondent was disbarred       the practice of law before that Court for
18, 2007)                                   in the second degree,                                         in that State, effective     a period of six months, as a result of his
   On March 30, 2007, following a plea      a class C felony,                                              immediately. The order      failure to supervise a subordinate attor-
of guilty, the respondent was sentenced     and the practice of                                         directed that restitution      ney and failure to have an adequate sys-
to 20 years’ imprisonment by the            law by an attor-                                            be made to one Fred            tem in place to monitor that attorney’s
Superior Court of the State of              ney who has                                                   Weinstein     in    the      cases. Upon the Grievance Committee’s
Connecticut for multiple counts of lar-     been disbarred,                                                 amount of $24,500 and      motion for reciprocal discipline pursuant
ceny in the first degree; multiple counts   suspended, or con-                                              to one Jay Hyman in        to 22 NYCRR §691.3, the respondent was
of larceny in the second degree; and        victed of a felony, a                                           the     amount      of     publicly censured in New York.
multiple counts of larceny in the third     class A misdemeanor. By                                         $17,900, and granted
degree. The Appellate Division found        virtue of his felony convic-                                 the Florida Bar judg-         The Following Suspended Or
that the Connecticut offenses of larceny    tion, the respondent automat-                         ment against the respondent for      Disbarred Attorneys Were Reinstated
in the first and second degree are          ically ceased to be an attorney               the recovery of costs in the amount of       As Attorneys and Counselors-At-Law
essentially similar to the New York         and counselor-at-law pursuant to              $2,265.50. Based upon the Grievance          By Order Of The Appellate Division,
felony of grand larceny in the third        Judiciary Law §90(4).                         Committee’s motion for reciprocal disci-     Second Judicial Department:
degree, and that the Connecticut                                                          pline pursuant to 22 NYCRR §691.3, the
offense of larceny in the third degree is   Eugene A. Cordaro, admitted as                respondent was disbarred in New York.                    Mark Lewis Brecker,
essentially similar to the New York         Eugene Anthony Cordaro, a sus-                                                                         a suspended attorney
felony of grand larceny in the fourth       pended attorney (December 26, 2007)           Christopher W. Meyers, admitted as                        (January 16, 2008)
degree. Pursuant to Judiciary Law              The respondent was deemed guilty, on       Christopher William Meyers (January
§90(4), the respondent automatically        default, of 20 charges of professional mis-   8, 2008)                                                  Rebecca E. Carmen,
ceased to be an attorney and counselor-     conduct predicated upon his failure to           The respondent tendered a resigna-                    a suspended attorney
at-law upon his felony convictions.         respond to the Grievance Committee’s          tion wherein he acknowledged that he                      (January 16, 2008)
                                            numerous requests for information with        could not successfully defend himself on
Kevin J. Shortall (December 18,             respect to six matters; his failure to com-   the merits against allegations of, inter                   Daniel Paul Foster,
2007)                                       ply with a judicial subpoena and two          alia, neglect of legal matters and/or con-                a disbarred attorney
   The respondent tendered a resigna-       judicial subpoenas duces tecum; uncon-        duct involving dishonesty, fraud, deceit                   (January 16, 2008)
tion wherein he acknowledged that he        troverted evidence that he failed to          or misrepresentation.
could not defend himself on the merits      maintain and preserve client funds in his                                                      Edward C. Katz, admitted as Edward
against allegations that he handled a       escrow account; misappropriation of           The Following Attorneys Were                     Charles Katz, a suspended attorney
legal matter without adequate prepara-      client funds entrusted to him as a fiduci-    Suspended From The Practice Of Law                        (January 16, 2008)
tion, and engaged in conduct prejudicial    ary; testifying falsely under oath; and       By Order Of The Appellate Division,
to the administration of justice, which     submitting a document to the Grievance        Second Judicial Department:                  At The Last Meeting Of The
reflects adversely on his fitness as a      Committee which he knew, or should                                                         Grievance Committee For The
lawyer.                                     have known, to be fraudulent.                 Michael Jay Smith (December 26,              Second And Eleventh Judicial
                                                                                          2007)                                        Districts, The Committee Voted to
                                                                                             By order of the Indiana Supreme           Sanction    Attorneys  For   The

                                                                                          Court dated July 24, 2006, the respon-       Following Conduct:
                                                                                          dent was suspended from the practice of
                                                                                          law in that State for 60 days, effective     ●   Negligently notarizing a general

                                                                                          September 11, 2006, and placed on pro-           release outside of a client’s presence,
                                                                                          bation for 12 months, upon a finding that        which release purported to bear the
                                                                                          he failed to have a written contingency          client’s signature but, in fact, did not
                                                                                          fee agreement signed by his client; failed
                                                                                          to have an identified attorney trust         ●   Failing to appear in court as directed
                                                                                          account for his client’s funds; commin-          and failing to pay sanctions imposed
                                                                                          gled his own funds with those of his             by the court as a result
                                                                                          client; and failed to appropriately safe-
           For effective representation                                                   guard his client’s money. Upon the           ●   Surreptitiously taking and copying
                                                                                          Grievance Committee’s motion for recip-          the work product of an adversary in
            in matters involving legal                                                    rocal discipline, the respondent was sus-
                                                                                          pended from the practice of law in New
                                                                                                                                           the course of a proceeding

                                                                                          York for a period of two years, commenc-     ●   Failing to maintain adequate books
             malpractice, negligence                                                      ing January 28, 2008, and continuing             and records of escrow transactions;
                                                                                          until the further order of the Court.            commingling personal and fiduciary
                or breach of duty,                                                        Previously, the respondent was publicly
                                                                                          censured in New York based upon
                                                                                                                                           funds; and permitting automatic funds
                                                                                                                                           transfers out of the attorney’s escrow
                                                                                          charges of failing to cooperate with the         account
                  please contact                                                          Grievance Committee; failing to re-regis-
                                                                                          ter as an attorney with the Office of        ●   Improperly depositing a client’s settle-
              Richard A. Klass, Esq.                                                      Court Administration (OCA); and failing
                                                                                          to notify OCA of his change of address.
                                                                                                                                           ment proceeds into the lawyer’s
                                                                                                                                           business account; improperly making
                                                                                                                                           ATM withdrawals from the lawyer’s
                                                                                          Edward W. Donnelly, admitted as                  escrow account; and failing to
         16 Court Street, Brooklyn NY 11241                                               Edward Warren Donnelly (December
                                                                                          28, 2007)
                                                                                                                                           adequately supervise attorney and lay
                                                                                                                                           staff associated with and/or employed

                    (718) COURT G ST
                                                                                             The respondent was immediately sus-           by the lawyer’s office
                                                                                          pended from the practice of law, pending
                                                                                          further proceedings, upon a prima facie      ●   Maintaining earned fees on deposit in
                                                                                          finding that he was guilty of professional       an escrow account; paying personal
            Email: RichKlass@courtstreetlaw.com                                           misconduct immediately threatening the           expenses against those fees; failing to
                                                                                          public interest based upon his failure to        maintain a ledger book or similar
                                                                                          comply with lawful demands of the                record of deposits into, and
                                                                                          Grievance Committee, his substantial             withdrawals from, escrow; and
                                                                                          admissions under oath and other uncon-           improperly drawing an escrow check
                                                                                          troverted evidence.                              to “cash” ■
                                                                                                                                       Diana J. Szochet, Assistant Counsel to the State of
                                                                                          The Following Attorney Was
                                                                                                                                       New York Grievance Committee for the Second and
                                                                                          Publicly Censured By Order Of The            Eleventh Judicial Districts, has compiled this edition
                                                                                          Appellate Division, Second Judicial          of COURT NOTES. The material herein is reprinted
                                                                                          Department:                                  with permission of the Brooklyn Bar Association.
                                                               THE QUEENS BAR BULLETIN – MARCH 2008                                                                              13

    Notes from New York State Bar Association
                    Annual Meeting and House of Delegates Meeting, New York, NY
Continued From Page 1                                       following issues:                                            District to cover Staten Island, effective January 1, 2009.
   This is the way I started my report last year. This         Family Justice – last year there were 700,000 fil-           The Bar Association received awards from the
year it was cold and raining. Not a pleasant way to go      ings in the family courts of the State, more than dou-       American Bar Association for an outstanding Law Day
to a meeting of the State Bar.                              ble the previous year. In all, there were more than 2        activities and former Judge of the Court of Appeals,
   As usual the meeting started with a report by the        million court appearances with only 153 Family Court         George Bundy Smith, received the Spirit of Excellence
president of the New York Bar Foundation who                Judges presiding. While the Legislature saw fit to add       award.
extolled the virtues of becoming a member and donat-        21 new judges it only approved one new Family Court             The Committee on Membership reported that the
ing money to a very worthwhile cause, the Bar               Judge. There must be reforms in the foster care sys-         State Bar now has a membership of 74,075 persons.
Foundation. The Bar Foundation is the charitable            tem and defending the indigent.                              The president seeks to increase the membership by 10%
arm of the state Bar Association. In fact our own asso-        The second initiative to be undertaken is court           ( I don’t recall over what period of time this was to
ciation has in the past been a recipient of their largess   reform and she specifically addressed the family court       occur).
when we were setting up our pro bono panel.                 system and the town and village justice court system.           The report of the Committee on Eminent Domain
   After the Bar Foundation report and various house-       She referred to the Dunn commission report which is          submitted its report. It passed unanimously.
keeping reports the next item on the agenda was an          studying the town and village justice system. Their          Essentially, the report proposed additional safeguards
address by our Chief Justice Judith Kaye. This is           task will be completed shortly.                              and transparency when the government proposes to
Judith Kaye’s last report as she will reach mandatory          Finally, she spoke in glowing terms of this year’s        take private property for ultimate private development
retirement age (at least from the Court of Appeals)         Ruth G. Schapiro Memorial Award recipient, Justice           (Think Atlantic Yards in Brooklyn or Willets Point in
this year. As expected the major part of her report is      Jacqueline Silbermann.                                       Queens). This report was initiated after the United
criticism of the political process and its inability to        Judge Kaye’s speech was followed by the award to          States Supreme Court rendered its decision in the case
provide for judicial pay raises. She has so far declined    Jacqueline Silbermann. Judge Silbermann was cited            of Kilo v. New London. The New York State Bar
to schedule her “State of the Judiciary Address” to the     for her initiatives in mentoring women, providing            Association is the only Bar Association to undertake the
state legislature until the salary increase is approved.    alternative work arrangements for women, eradicat-           task of forming a task force to review this area of law.
   Had she given her address, she would have told           ing gender bias and innovative practices in family law.         The report and recommendations of the Bar
them that the salary for our judges is the lowest of any       President Kate Madigan presented her report,              Association’s Committee to study the Town and
state in the union. In fact she characterized it as the     which included a discussion of her meetings with             Village Justice Court system was passed. The sub-
United States judiciary “poster child”. How sad.            Judge Pfau concerning issues of importance to the            stance of that report is: all Town and Village Justices
   She then went on to state that the judges are dedi-      Association. She discussed the authorization of an           should be attorneys; we must find ways of overcoming
cated to serving the public and have not taken any          amicus brief to be submitted on the hearing of the           barriers to attorneys becoming village and town jus-
harmful action (strikes, slow downs, etc.) The disdain      Lawyer Advertising case. Parenthetically, the amicus         tices, the village and town justices, as well as the
and humiliation imposed upon the judiciary is devas-        brief is being submitted pro bono by Ahrens Fox, Esq.,       Clerks and support personnel must be better trained
tating to them and to the Court system. In order to         our president-elect’s law firm.                              to perform their duties and they must be given greater
remedy this situation, after the salary increase there         She went on to expound that the Bar Association’s leg-    assistance by professionals at the State level.
must be an independent judiciary salary commission          islative priorities are: judicial salary increases, court       Finally, there were reports by the special committee
and to a rebuilding of the state judiciary’s morale.        reform, access to justice, the rights of same-sex couples,   on a civil right’s agenda and medical malpractice.
   She went on to say that had she given the speech         long term care financing and support for the legal pro-         Okay, time to go back to work.
her fantasy address would have been covered to the          fession. She welcomed the formation of a new 13th               The next meeting will be in Albany on April 5, 2008.■
14                                                                   THE QUEENS BAR BULLETIN – MARCH 2008

                                                              B    O O K S            A T        T H E                B       A R

                                                                                By HOWARD L. WIEDER
   With the official arrival of Spring,        GUIDE on the country or region. The            “Antiques Roadshow” shows all types of                                  the objective.
thoughts in March drift toward day excur-      DK Eyewitness Travel Guides cover not          persons, who have hauled some object for                                   The greatest “equalizer” in making
sions and exotic travel, leading to the fol-   only particular countries, but also cities     appraisal, waiting on line for the chance                               “antiquing” appealable to mainstream
lowing suggestions for book purchases.         and regions:        MILAN AND THE              that an expert appraiser will tell them that                            America perhaps is eBay, the online auc-
                                               LAKES, FLORENCE AND TUS-                       an item purchased by an ancestor and kept                               tioneer found at www.ebay.com. The pop-
 DK EYEWITNESS TRAVEL GUIDES                   CANY, VENICE AND THE VENETO,                   in an attic would, for example, fetch up to                             ularity and cross-appeal of “eBay” became
   Having read several guides, I confess       SICILY, PROVENCE AND THE                       “$50,000 conservatively” if sold at auction                             obvious during a recent television PR
my partiality to one brand that stands         COTE D’AZUR, DORDOGNE AND                      [“too bad you didn’t keep the artist’s origi-                           campaign, buying expensive ad time dur-
mountains over the competition: DK             SOUTHWEST FRANCE, and the                      nal frame; then the painting would have                                 ing “manly” sporting events, urging its
EYEWITNESS TRAVEL GUIDES.                      LOIRE VALLEY.                                  been worth $70,000"], with pointers on                                  viewers to “Shop Victoriously.”
They are illustrated and photographed             Many of the DK Eyewitness Travel            what preservation and insurance steps                                      JUDITH MILLER’S excellent book,
beautifully. Many other travel books lam-      Guides are edited annually, supplement-        may increase and protect the object’s value.                            ANTIQUES INVESTIGATOR: TIPS
entably lack any photographs. Indeed, in       ing new information. I have found DK           Since all of us have some material posses-                              AND TRICKS TO HELP YOU FIND
recognition of their distinctive individual-   EYEWITNESS TRAVEL GUIDES so                    sion or heirloom that we value, whether an                              THE REAL DEAL [DK Publishing Co.
ity of featuring numerous, color photo-        well-regarded that when I update my            ancestor’s necklace or a football jacket that                           2007, hardcover, 240 pages, $25] is full of
graphs, this year’s editions of DK EYE-        library with the newest edition of a Travel    turns out to have been made specially for                               essential information on what to look for
WITNESS TRAVEL GUIDES state:                   Guide, I give the prior edition to a deserv-   Johnny Unitas, “Antiques Roadshow”                                      when buying glass, metalware, ceramics,
“THE GUIDES THAT SHOW YOU                      ing and appreciative friend. Even at book      appeals to all Americans, not a stereotypi-                             furniture, and other objects. For persons
WHAT OTHERS ONLY TELL YOU.”                    stores selling used books, I constantly find   cal demographic group.                                                  who are inclined to spend time at flea
   In my home library, I have one entire       that the shelves of travel books are deplet-       Other television programs followed.                                 markets and at auctions, looking to make
bookcase devoted to DK EYEWITNESS              ed of DK EYEWITNESS TRAVEL                     Almost daily, BBC-America [Time                                         a fortune at what really is a treasure
TRAVEL GUIDES. The descriptions of             GUIDES since these books, even in older        Warner channel 106] runs similar televi-                                find, [and for those who want to satisfy
each of the tourist sites are written engag-   editions, are snatched up immediately by       sion shows, such as “Bargain Hunt” and                                  such desires in their significant others],
ingly and accompanied by colorful photo-       the buying public. Plan for your trip now!     “Cash in the Attic.” In “Bargain Hunt,”                                 Judith Miller’s book is insightful and
graphs. Of the destinations I have visited,    Search for the DK Travel Guide you want        two teams are each given 200 British                                    indispensable. Certainly, in light of eBay
such as Provence, the Cote d’Azur, and         at dk.com, amazon.com, or bn.com.              Pounds and let loose on a flea market,                                  and the many television programs devot-
countries in Europe, the descriptions con-                                                    where they are each required to buy three                               ed to antiques and their valuation, any-
tained in DK EYEWITNESS TRAVEL                        ANTIQUES INVESTIGATOR:                  items. Those items are then auctioned,                                  one would enjoy JUDITH MILLER’S
GUIDES are reliably accurate.                    TIPS AND TRICKS TO HELP YOU                  and the team with the greatest monetary                                 smartly written books. Other books on
   The books also cover many destina-                  FIND THE REAL DEAL                     profit or the least financial loss wins. In                             the valuation of antiques that are writ-
tions, give helpful cultural pointers to          Even up to five or ten years ago, going     “Cash in the Attic,” two experts go into a                              ten or supervised by expert JUDITH
Americans who may not be acquainted            on hunts for antiques was traditionally        family’s home and help the family mem-                                  MILLER and published by DK PUB-
with local custom, and are rich in hand-       associated with mature women and a small       bers find objects that could be auctioned                               LISHING COMPANY can be found at
some photographs. Whether your desti-          segment of the male community.                 in the hope of funding a worthwhile objec-                              www.dk.com. ■
nation is CRACOW, DUBLIN, PARIS,               Changing, evolving mores, combined with        tive. Those items are then auctioned, and
                                                                                                                                                                      HOWARD L. WIEDER is the sole editor/writer of both
SPAIN, IRELAND, GERMANY, MEX-                  the desire for a quick fix Lotto-type ticket   the audience can be amused, disappoint-                                 “THE CULTURE CORNER” and the “BOOKS AT THE
ICO, EGYPT, INDIA, AUSTRALIA, or               to fortune, accelerated by the great cultur-   ed, or thrilled to see how close the expert’s                           BAR” columns, appearing regularly in THE QUEENS
JERUSALEM AND THE HOLY                         al medium of television, has now made the      prediction came to the actual sales price                               BAR BULLETIN, and is JUSTICE CHARLES J. MARKEY’s
LAND, it is more than likely that there        audience for antiques universal. On televi-    at auction, and whether the amount                                      Principal Law Clerk in IAS Part 32 of Supreme Court,
is a DK EYEWITNESS TRAVEL                      sion, the popular PBS reality series           gained at auction was adequate to meet                                  Civil Term, in Long Island City, New York.

                                                                                                                                      Queens County Bar Association
                                           DAWN MUNRO, ESQ.                                                         90-35 148th Street, Jamaica, New York 11435 z Tel 718-291-4500 z Fax 718-657-1789

                                                    Per Diem Services                                                                   REPORT OF THE NOMINATING COMMITTEE

                                                                                                                  The Nominating Committee of the Queens County Bar Association, after due and timely notice, in accordance with
                                                                                                      the provisions of the By-Laws of the Queens County Bar Association, have nominated the following list of members for the
                                                                                                      positions to be filed at the coming election at the Annual Meeting of the Association on March 7, 2008.
                                                   Experienced Personal
                                                                                                      TO THE QUEENS COUNTY BAR ASSOCIATION:
                                                     Injury Attorney
                                                                                                                  We, the undersigned, members of the Nominating Committee do hereby respectfully report that pursuant to the
                                                                                                      provisions of Article VI, Section 3, of the By-Laws of the Queens County Bar Association, we have nominated for the respective
                                                                                                      offices the following named members:
                                                       Available For
                                                                                                                                                  OFFICERS 2008-2009
                                                   Motions, Conferences,
                                                   Hearings, Depositions                                          For President                                  STEVEN S. ORLOW
                                                                                                                  For President-Elect                            GUY R. VITACCO, JR.
                                                                                                                  For Vice President                             CHANWOO LEE
                                                Nassau & Queens Counties                                          For Secretary
                                                                                                                  For Treasurer
                                                                                                                                                                 JOSEPH J. RISI, JR.
                                                                                                                                                                 RICHARD M. GUTIERREZ

                                               516-314-8559                                           FOR FOUR MEMBERS OF THE BOARD OF MANAGERS FOR A TERM OF THREE YEARS (expiring May 31, 2011)

                                                                                                      PAUL E. KERSON
                                                                                                      TIMOTHY B. ROUNTREE
                                                                                                      ZENITH T. TAYLOR
                                                                                                      JAMES J. WRYNN
                                                                                                      FOR ONE MEMBER OF THE BOARD OF MANAGERS FOR A TERM OF THREE YEARS AS IMMEDIATE PAST
                                                                                                      PRESIDENT (expiring May 31, 2011)
         EMPLOYMENT & LABOR LAW                                                                       DAVID L. COHEN
                                                                                                      FOR ONE MEMBER OF THE BOARD OF MANAGERS FOR A TERM OF ONE YEAR (expiring May 31, 2009)
             STEPHEN D. HANS & ASSOCIATES, P.C.                                                       GARY F. MIRET
                   Counsel to the Profession
                                                                                                                                                     NOMINATING COMMITTEE
         ❑ Sexual Harassment               ❑ Union Representation                                     Seymour W. James. Jr.                    Joseph A. Baum                         Cheree A. Buggs
         ❑ Americans with Disabilities Act ❑ Title VII – Discrimination                               Paul Pavlides                            Edward H. Rosenthal                    Madeleine S. Egelfeld
         ❑ Education Law                   ❑ Pension Issues                                           Elisabeth A. Vreeburg                    Spiros A. Tsimbinos                    Wallace L. Leinheardt

                              ❑ Arbitrations                                                          The following members have been designated by petition, pursuant to the By-Laws of the Association, as candidates for election
                                                                                                      to the office of members of the Nominating Committee to serve for a period of three years (expiring May 31, 2011)

                                                                                                      LUCILLE S. DI GIROLOMO                 STEPHEN J. SINGER                      STEVEN WIMPFHEIMER
                 Counsel to the Profession – over two decades
         Commentator – Cochran & Company; Chairperson of Employment                                   THE ANNUAL MEETING of the Queens County Bar Association will be held in the Bar Headquarters
               Law Committee – Queens County Bar Association                                          Building, 90-35 148th Street, Jamaica, New York on FRIDAY, MARCH 7, 2008, at 4:00 P.M.
           NELA (National Employment Lawyers Association) member                                      The election of officers will take place at that time, together with such other business as may regularly come
                                                                                                      before the meeting. SINCE NO INDEPENDENT NOMINATIONS HAVE BEEN FILED WITHIN
                                                                                                      THE TIME LIMITED BY THE BY-LAWS, THE ELECTION WILL BE PRO FORMA.
     45-18 Court Square, Suite 403, Long Island City, New York 11101
                                                                                                      Dated: Jamaica, N.Y.
     Telephone 718-275-6700                                       Fax 718-997-0829                           February 13, 2008
                                                                     THE QUEENS BAR BULLETIN – MARCH 2008                                                                                       15

CLARO OPENS TO                                                                                                                    C L A S S I F I E D

 RAVE REVIEWS                                                                                             401 Broadway
                                                                                                      Furnished attorney offices suite
                                                                                                        with windows and excellent
                                                                                                                                         JUNIOR ATTORNEY
                                                                                                                                             seeks to work
                                                                                                                                           part time/volunteer
                                                                                                                                                                      VALLEY STREAM
                                                                                                                                                                     Valley Stream office suite
                                   By MARK WELIKY*                                                      view, newly renovated, 24x7                                (2,000 sq. ft.) and individual
                                                                                                                                          3-4 days a week with
                                                                                                           building. Rent $850 to                                  offices in law suite. Parking,
    CLARO-Queens, has opened at Queens         Public Response                                                                             experienced trusts
                                                                                                     $950/month, electricity and water
Civil Court to rave reviews. CLARO-               Visitors to CLARO-Queens in the first                                                     and estate or real       near LIRR, bus highway.
                                                                                                       included. Shared conference
Queens is the newest program of the            weeks of the clinic’s operation have consis-                                                  estate attorney           Immediate occupancy.
Queens Volunteer Lawyers Project, the pro      tently expressed their appreciation for the             room and reception area. Big
bono arm of the Queens County Bar              help they received. In the words of one vis-            bullpen. Very close to courts.     718-506-4722
Association. CLARO, the Civil Legal Advice     itor “Who can we thank for this service?                Call 212.226.8535 or                        or
and Resource Office provides free legal        This is so wonderful!” Although Queens                                                      tonyuconn@yahoo.com
assistance to Queens residents faced with      Civil Court personnel do a great job in
consumer debt cases. The program which is      helping litigants navigate through court
staffed by volunteer lawyers and by volun-     procedures they are of course constrained                    Need a NYC Presence?
teer law students from the St. John’s
University School of Law advises these liti-
                                               from offering legal advice. CLARO can go
                                               further than merely offering information                     WALL STREET OFFICE
                                                                                                            WALL STREET OFFICE                     Looking for an attorney to fill a
gants on self-representation and negotia-
tion strategies. The CLARO program was
                                               and can offer pro se representation strate-
                                               gies to these litigants.                                  Phone & Mail Service $99.00/mo           Postition? Advertise in the Queens
                                                                                                            Mail Service Only 48.50/mo
first initiated in Kings County and has been
in operation there for over two years. Major   Volunteer Praise                                       Furnished Offices-Full Time our Hourly       Bar Bulletin Classifed Section.
kudos must go to April Newbauer, Attorney-        The volunteer lawyers and law students                Conference Rooms (Hourly Rental)
in-Charge, of the Legal Aid Society, Queens    at CLARO are also giving it “boffo” reviews.                     ● Support Services                   Call Joe Parrino at 631-913-4253
Civil Practice the driving force behind the    The law students are excited to be involved                 Beautiful Corporate Setting
CLARO concept and Professor Ann                in interviewing and assisting people who                    ● Attended Reception Area
Goldweber, Director, St. John’s University     really need help. The volunteer lawyers                    AT 110 Wall Street (11th Floor)
School of Law, Elder Law Clinic and
Professor Gina Calabrese, Associate
                                               are happy to be useful in giving legal
                                               advice while not having an open-ended pro
                                                                                                        Email:sri@sri-ny.com-800-205-7685            SPECIAL RATES APPLY
Director, St. John’s University School of      bono commitment (all legal assistance pro-
Law, Elder Law Clinic for their invaluable     vided by CLARO takes place within the
assistance in making CLARO-Queens a            clinic session – volunteer attorneys do not
reality. The cooperation of the Supervising    represent the litigants in court). In addi-
                                                                                                         ADVERTISE IN QUEENS BAR BULLETIN
Judge of Queens Civil Court, Bernice D.        tion, volunteer lawyers can earn Pro Bono-
Siegal and her staff, has been crucial in      CLE credits for their service.                         Expand Your
facilitating the creation of this program.                                                            Customer Base                                            For Ad Information &
                                               Volunteer Lawyers Needed for CLARO-
Impending Consumer Debt Crisis                 Queens                                                 Heighten Brand                                          Reservations Contact:
    We are now well aware of the sub-prime
mortgage crisis and the devastating effects
                                                  Lawyers who would like to volunteer
                                               and take part in the Friday afternoon
                                                                                                      Awareness                                         Renee Stuto 631-913-4262
it is having on the housing market in gen-
eral and indeed on the entire national econ-
                                               CLARO-Queens clinic sessions still have an
                                               opportunity to sign-up for the program. The
                                                                                                      Elevate Your                                            renee.stuto@libn.com
omy. Although many had sounded the             CLARO training seminar which was held in               Competitive Position
alarm on this impending crisis it only real-   November was recorded and is available for
ly made the headlines when the banking         CLE credit (2 credits in Skills and 1 credit
industry began to report huge multi-billion    in Ethics) on DVD, VHS or CD along with
dollar write-downs caused by this “house of    the written seminar handout. Seminar
cards.” Similarly, warning signs are ram-      CLE credits are awarded after the volun-
pant that the next big economic crisis will    teer lawyer appears for two clinic sessions.
involve a looming tidal wave of defaults on
credit card debt. Civil courts in New York        Any lawyer wishing to participate in
City and courts throughout the nation are      CLARO-Queens should please contact
already seeing a huge upswing on con-          Mark Weliky at (718) 291-4500,
sumer debt filings. The CLARO initiative is    MWeliky@QCBA.org or return the follow-
an attempt to assist the usually unsophisti-   ing form by mail or fax to QCBA, 90-35
cated litigant in facing the growing problem   148th Street, Jamaica, N.Y. 11435, fax#
of frozen bank accounts, income executions     (718) 657-1789. ■
and ruined credit histories which are
                                               *Mark Weliky is Pro Bono Coordinator for the Queens
resulting from the aggressive and some-        County Bar Association
times abusive practices of debt collectors.

To top