judge james murphy, of the state supreme court’s fifth judicial … · 2019-09-24 · required....
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258 Genesee St., Suite 302Utica, NY 13502Phone: (315) 724-4901 Fax: (315) [email protected]
Hon. Paul M. Deep, President
OFFICERS
Hon. Paul M. DeepPresident
J. K. Hage, III First Vice President
William S. Calli, Jr.Second Vice President
Paula J. EannaceSecretary
George C. MuradTreasurer
Dean L. GordonPast President
DIRECTORSKeith A. EisenhutMary R. HumphreyJessica Reynolds-AmusoBrian EhrhardJoseph H. Hobika, Jr.Hugh C. HumphreysStuart E. FinerPeter W. AntonowiczDonald J. Snyder
Diane ParslowExecutive Director
PURPOSES:
The Association is formed as a Not-For-Profit Corp-oration whose purposes are to cultivate the science of jurisprudence; to promote reform in the law; to facilitate the administration of justice; to elevate the standards of integrity, honor and courtesy in the legal profession; toinfluence positively the quality of life of the comm-unity; and to cultivate a spirit of good fellowship among members.
President’s Message ............................................. 2
Fall 2019 CLE Schedule ........................................ 3
OCBA Foundation ................................................. 3
Classifieds ............................................................. 6
Change of Addresses ........................................... 6
Article by Hon. Gerard Neri, New York State
Supreme Court Justice ........................................ 7
TABLE OF CONTENTSCasemaker Tips....................................................... 9
Free Legal Clinic .................................................... 11
Lawyer Referral Service ....................................... 11
Frequently Used Telephone Numbers ................ 12
Calendar of Events ............................................... 12
Judge James Tormey III, the previous ad-ministrative judge, died on June 22; he had served in the role for almost two decades.
In his new role, Murphy, of Syracuse, will oversee daily operation of trial-level courts in Oneida, Herkimer, Lewis, Oswego, Onondaga and Jefferson counties.
Murphy was appointed by Chief Adminis-trative Judge Lawrence Marks with the ap-proval of Chief Judge Janet DiFiore and after consultation with Presiding Justice Gerald Whalen of the appellate division’s fourth department.
“Judge Murphy is an experienced judge widely recognized for his integrity and fairness,” Marks said in a statement. “He has also earned a reputation as a capable ad-ministrator as demonstrated by his supervi-sion for over a decade of the district’s justice courts and, more recently, as the Fifth Judi-cial District’s acting administrative judge.
“I am fully confident in his ability to success-fully lead the Fifth Judicial District and build on Judge Tormey’s work to streamline court operations, increase public access to the courts and enhance the delivery of justice,” Marks added.
Murphy, who was elected to the Supreme Court in 2004 and re-elected in 2018, was assigned to the matrimonial, general civil and commercial parts. He also has been serving as supervising judge for the town and village courts in the Fifth Judicial District. This includes more than 200 village and town justices.
Before becoming a judge, Murphy was a member of the Onondaga County Legisla-ture and, earlier, an assistant district attorney in Onondaga County. He is the immediate past president of the Onondaga County Bar Association and serves as presiding member of the judicial section of the New York State Bar Association.
Judge James Murphy, of the State Supreme Court’s Fifth Judicial District, has been
appointed administrative judge for the district
Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
page 2
As the summer draws to an end,
I would be remised if I did not
mention the Oneida County Bar
Association’s annual end of summer
golf outing. This year the event will
be held on Friday, September 6,
2019 at the Stonebridge Golf and
Country Club. Registration starts
at noon and there will be a shotgun
start at 1:00 p.m. There will be prizes for longest drive, closest to the
pin,50/50 and raffles.
Following an eighteen hole round of golf, there will be a cocktail
hour with an open bar from 6:00 p.m. until 7:00 p.m. and dinner
starting at 7:00 p.m. Members are encouraged to bring friends and
colleagues to the event. If you can only attend golf or dinner there
are separate packages for each.
The golf outing is one of my favorite events of the year. It is a time
for all of us to get together relax and enjoy a great day. We are very
fortunate to have such a close knit bar association. I have always
enjoyed myself at the outing and the comradery amongst colleagues
and friends and I look forward to hopefully seeing you there.
The event is organized by the Oneida County Bar Association’s
annual end of summer golf and dinner committee who deserve our
gratitude. The Chair is George C. Murad, Esq., and committee
members are Michael D. Callan, Esq., Joseph A. Cirasuolo, Esq., Paul
Drejza, Diane Parslow, Donna Smith, Lisa Longeretta, and Melinda
Walsh. Without them our annual golf outing would not happen.
PRESIDENT’S MESSAGEBy Hon. Paul M. Deep
John C. Jensen, Esq.
Getnick Livingston Atkinson & Priore, LLP258 Genesee Street, Suite 401
Utica, NY 13502797-9261 Fax: 732-0755
Welcome New Member
Searching for Will
Searching for the Last Will and Testament of
Wilma M. Simons,deceased April 28, 2019.
Resided in Whitesboro, New York. If you have any information,
please call Attorney Ricardo Mauro at 315-793-8807.
Visit their websiteVisit their website
Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
page 3
Avalon Document Services
Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
page 4
Oneida County Bar Association Foundation Contributions
We are gratified to announce that the Oneida County Bar Association Foundation, Inc., a charitable arm of the Association formed last year and qualified to receive tax-deductible contributions under Internal Revenue Code Section 501(c)(3), has begun to receive donations.
We expect the Foundation’s assets will soon reach a level at which it can begin to consider the best uses for its funds. The Board will be inviting input on this from the Bar Association membership.
Please consider making a tax-deductible contribution, or better yet, plan for a series of regular ongoing gifts to the Foundation. Donations are welcome from everyone, and it is our hope that we will have widespread partici-pation in this program of sharing for the common good.
Checks should be made payable and sent to Oneida County Bar Association Foundation, Inc., Suite 302, 258 Genesee Street, Utica, New York 13502.
If you have questions regarding the Foundation, please call on the Bar Office.
Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
page 5
Change of Addresses
Sarah M. Brinski, Esq.31 N. Ann Street, Little Falls, NY 13365315-794-2221 • [email protected]
A J Bosman, Esq.Bosman Law Firm, LLC
3000 McConnellsville RoadBlossvale, NY 13308
315-820-4417 Fax [email protected]
Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
page 6
ClassifiedsSOON TO BE ADMITTED ATTORNEY- SEEKING EMPLOYMENT: A local law school
graduate from the University of Buffalo, seeking employment in the Oneida County area forshort/long term.
He received his Bachelor’s Degree at Syracuse University in Cybersecurity & Information Assurance. He
sat for the July 2019 New York Bar Exam (results expected Oct.2019). Additionally, he has extensively
clerked with an insurance defense law firm. He also has experience with the New York State Assembly,
as well as Utica City Court. Any consideration is greatly appreciated. For resume, please contact Brian
Mazurowski (315) 404-1559.
PART-TIME LEGAL ASSISTANT needed. Experience with family court and matrimonial matters a
must. Experience with legal billing a plus. Minimum Associates Degree and/or 3 years of law office
experience required. Flexible hours available. Potentially leading to a full-time position. Reference check
required. Pay is commensurate with experience. To apply, email resume to [email protected] or
mail a resume to The Bennett Law Firm, 123 Court Street, Herkimer, NY 13350, Attn: Sheila.
LAW OFFICE SHARING OPPORTUNITY: Prime location on the first floor of the 258 building at the
corner of Court and Genesee Streets. An office will be provided as well as shared conference space and a
shared waiting area. Use of other office amenities such as use of copier and phone services are negotiable.
Call 315-732-3155 to inquire.
Company, Inc.
258 Genesee Street, Suite 309 Utica, New York 13502
(315) 732-0324 · (315) 732-1451 Fax Contact: Chad Davis or Dennis Zogby
for all your Abstract and Title Insurance needs. “We promise competent and efficient service.”
Email: [email protected] Offices located in Oneida, Herkimer & Otsego County
Visit their website
ONEIDA COUNTY BAR ASSOCIATION
DECEMBER 5, 2019 • YAHNUNDASIS
2019 Holiday Party
page 7
Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
Coats from Counselors
Over the past number of years I have had the honor and privilege of being invited to present continuing education classes before the Oneida County Bar Association. This past spring I did so as a Supreme Court Justice with a view from the bench. There are a few items I will to highlight from the materials presented. It is my hope that by noting these tips on practice, we can streamline the process and you can have happier clients.
The first issue my office continues to run into is the lack of affirmations of good faith in discovery related motions. Section 202.7 of Uniform Civil Rules for the Supreme Court and the County Court provides there shall be “an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion”. The section goes on to state: “The affirmation of the good faith effort to resolve the issues raised by the motion shall indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held.” Before the Bar modifies their motion forms, let’s be clear on what is required by each practitioner?
In Sargeant v. Walt Whitman Mall LLC (2019 N.Y. Misc. LEXIS 908 [Kings County 2019]) the Court stated:
“the affirmation did not provide any details of the communications between the parties evincing diligent effort to resolve this branch of the discovery dispute, or indicating good cause why no such communications occurred” (Sargeant at 1, citing Deutsch v Grunwald, 110 AD3d 949, 973 N.Y.S.2d 335 [2nd Dept 2013]).
Accordingly, the Court in Sargeant denied the relief requested. It is not enough for you to state you requested certain items of discovery from opposing counsel. You need to detail what those efforts are. Was the request by letter? If so, was it one letter? Two? More? We wouldn’t submit an affidavit of service saying your process server made one attempt before resorting to nail and mail, and neither should our discovery attempts stop at one. When were those requests sent? Be sure to include dates. Do not let the reader of your motion papers assume the requests went unanswered, plainly state exactly what the response was. Motion credibility suffers in Court where opposing counsel can provide that they re-ceived the requests and advised the movant on multiple occasions the material was not in their client’s possession. Did you pick up the phone and talk to opposing counsel about the issue? Again, detail the conversation. Ultimately, “consultation” is a two-way street. Simply sending letters and leaving phone messages will not suffice as a “good faith effort to resolve the issues”, but may help explain the “good cause why no such conferral… was held”.
Article by Hon. Gerard Neri, New York State Supreme Court Justice
page 8
Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
Another point I would like to highlight is that there is no “general calendar”. CPLR §3404 is entitled “dismissal of abandoned cases” and that is the extent of its reach. It states:
“A case in the supreme court or a county court marked “off ” or struck from the calendar or unanswered on a clerk’s calendar call, and not restored within one year thereafter, shall be deemed abandoned and shall be dismissed without costs for neglect to prosecute. The clerk shall make an appropriate entry without the necessity of an order.”
New York State Unified Court System Excellence Initiative and Standards and Goals are not affected by a matter “marked off ” the Court’s calendar. For example, in a contested matrimonial action when RJI is filed, there is six months to file trial note of issue. Once trial note of issue is filed, then there is six months to disposition. So once RJI is filed, there is a maximum of one year for standards and goals purposes. Again, CPLR §3404 does not toll this time period.
I wish to thank all the attorneys who have appeared before me and the staff of the Oneida County Courts. It has been a pleasure working with you and helping resolve the matters brought before the Court. I look forward con-tinuing the work in Oneida County as this has truly become my home away from home. If you have any questions, please feel free to reach out to Chambers or the Supreme Court Clerk’s Office for assistance.
Visit their website Visit their website
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Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
Coats from Counselors
Casemaker Legal Research Program(Free Legal Research Program for OCBA Members)
Reminder: To access Casemaker you must always log in to your Bar Associationwebsite www.oneidacountybar.org and click on the Casemaker “Log In” link.
Tracking Client Research in Casemaker4In the Features Toolbar is a link to your Clients. In the Clients menu you can create and store a list of clients you will be doing research for. Click Add next to the client field, type in your client’s name, and click Save. You also have the ability to set up several matters you are working on for that client. To add different matters to your clients, you will go through the same process of clicking Add, typing a title, and clicking Save. Once you have made your selections, choose Continue. You have now effectively logged in to do research for this client. The Client link willdisplay the client’s name, letting you know that from this point forward any research you do, or any docu-ments you view, are being labeled as research for this client.
When you view your history, documents and search queries will be tagged with the time, date and client you had selected. Later, upon clicking our Sign Out link you will be logged out of the system and provid-ed with a Session Summary. Like history, the session summary is a listing of everything you did while logged in - complete with a date, time, and client labels, however, it is limited to only what you have done during this session. It is useful for some to sign out after completing research for that client. This way,
every session summary is client-specific and youcan print a copy of your session summary for your client files. The date and time stamps can helpyou keep track of your billable hours. Please note – the session summary page is unique to the session and you will not be shown that page again. However, if you wish to see your client research information you can still find that in History as we mentioned previously.
Folders Functionality in Casemaker4
Like its predecessor CasemakerLegal, Casemaker4 also allows you to store documents you findover the course of your research. Using the Folders feature you can access your documents fromanywhere you can access the internet. Saving hard drive space and paper.
The first thing you will need to do is create a new folder. You can create a folder at any time by clicking on the folder link in the upper right or the Folder menu option under the My Account menu. In ad-dition, if you are on the document you wish to save, you can click the Save to Folder icon and type a name for your folder into the New Folder field and click the + button. Once a folder has been created, you can
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Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
Coats from Counselors
save to your folder at any time. Just click the Save ToFolder icon from the Document Toolbar, choose your folder, and click Save. If you prefer to drag and drop simply click the Folder icon, and this time choose the folder you would like to use and click ok. This allows the icon to represent the folder you have chosen. Next click and drag the title of the document to the grey toolbar area. Your chosen folder name will appear, and you can drop the document title on top of it.
When you are ready to view the contents of a folder, click the Folders link in the Features toolbar or the Folders option under My Account. Once there, on
the left of your screen is a listing of all of your folders. Clicking your folder will display its contents in the central area of the page.
Once the folder is open you have the opportunity to move, rename, and delete the entire folderusing the options menu at the top of the folders list. On the right you can use the corresponding check boxes to move an individual document to a different folder, or to add it to the print queue, print directly, download, email, or remove. Don’t worry if you have accidentally deleted a document, or folder, that you need. You also have access to a Trash file.
(Continued)
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Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
Learn more
Lawyer Referral Service
Bar Association Members may enroll as participating attorneys in the
Lawyer Referral Service program at any time by completing the required
forms and submitting payment.
If you would like to receive a program packet, please contact
Executive Director Diane Parslow at 315-724-4901 or
[email protected] simply click here to download it now.
Free Legal Clinic – Rome, NYReminder: If you, a client or a constituent has a legal issue related to housing, education, public benefits,
consumer debt or access to healthcare you may be eligible to meet with an attorney free of charge.When
Monday, Septebember 9, 2019 – 9:30 AM - 12:00 PM Where
Jervis Library • 613 N. Washington St. • Rome, NY 13440Who is Eligible
Those with income at or below 200% of the Federal Poverty Level. i.e. for a family of 4 gross annual income must be no more than $47,700 to be eligible. Please feel free to refer
those who cannot afford counsel to call the Justice Alliance Help Line directly (877-777-6152) with any legal issue they might need to explore. If the Justice
Alliance cannot help them, it can help direct them to others who may be able to help.
page 12
District Attorney’s Office ................... 798-5766
Public Defender’s Office-Criminal .... 798-5870
Public Defender Office-Civil ............. 266-6100
U.S. District Court Clerk’s Office ...... 793-8151
Fourth Department ............................. (585) 530-3100
OCA Attorney Registration ................ (212) 428-2800
Lawyers Assistance ............................ (800) 255-0569
NYS Bar Association ......................... (518) 463-3200
Utica Family Court ............................. (315) 266-4444
Rome Family Court ............................ (315) 266-4500
Supreme Court Clerk ......................... 266-4200
Surrogate’s Court ............................... 266-4550
Oneida County Court Clerk ............... 266-4324
Utica City Court Clerk ....................... 266-4600
Rome City Court Clerk ...................... 337-6440
Oneida County Clerk ......................... 798-5794
NYS Attorney General ....................... 864-2000
Oneida County Attorney ..................... 798-5910
Oneida County Law Library .............. 266-4570
Mark Your Calendars
Frequently Used Telephone Numbers
BAR NEWS ADVERTISING RATES AND DEADLINESIf you wish to advertise in the monthly newsletter, the rate schedule is as follows:
Full Page (8.5”x11”) ..........................$300Half Page (7.5”x4.75”) ......................$200Quarter Page (3.5”x4.75”) .................$100Business card (3.5”x2.5”) ..................$50Classified (column line) .....................$5/line
We welcome the submission of articles, announcements or topics of general
interest to the membership. The OCBA may edit as needed. Any suggestions, criticisms or encouragement are also eagerly solicited and gladly received.
Address all communications to: Oneida County Bar Association 258 Genesee Street, Suite 302,
Utica, NY 13502Email: [email protected]
BAR NEWS IS PUBLISHED MONTHLY BY THE ONEIDA COUNTY
BAR ASSOCIATION – DIANE PARSLOW, EDITOR –
If an advertiser signs on for the full year, one month would be free. We will add an interactive link to your website on the e-mailable version of the newsletter. Circulation includes approximately 450 Law offices and Courts from Oneida, Herkimer and Lewis Counties. Our newsletter is also placed on our website. We would appreciate your submitting a camera ready ad. All ads should be submitted by the tenth of the month.
ADVERTISE IN BAR NEWS!
Bar NewsONEIDA COUNTY BAR ASSOCIATION AUGUST 2019
Monday, October 7, 2019: OCBA Annual Red Mass
Thursday, December 5, 2019:OCBA Annual Holiday Party, Yahnundasis Golf Club