Queens Bar BulletinQueens Bar BulletinQueens County Bar Association / 90-35 One Hundred Forty Eighth Street, Jamaica, NY 11435 / (718) 291-4500

www.qcba.org

Vol. 73 / No. 8 / May 2010

BY ANDREW J. SCHATKIN*

This article proposes toexamine the conditionsand criteria where the pro-cedural requirement of fil-ing a Title VII Claim, pur-suant to 40 USC Sec.2000 (e) may be extendedbeyond the 90-day periodmeasured from receipt ofthe Right to Sue letter.

The leading case setting forth this proceduralrule is Sherlock v. Montefiore Medical Center1.In that case the plaintiff, Pro Se, ElizabethSherlock, appealed from a final judgment of theUnited States District Court for the SouthernDistrict of New York dismissing her Complaintalleging that the defendant, Montefiore MedicalCenter, terminated her employment, in violationof various Federal statutes, including Title VII ofthe Civil Rights Act of 1964, 42 U.S.C. Sec.2000(e) et seq. 1994 and the Age DiscriminationEmployment Act, 29 U.S.C. Sec. 621 et seq.(1994).

On Appeal, Sherlock contended that theDistrict Court erred in finding her Title VII andADEA Claims time-barred. The Court conclud-ed that the Court erred in so ruling as a matter oflaw. The Sherlock Court, however, articulatedthat in order to be timely a claim under Title VIIor the ADEA must be filed within 90 days of thecomplainant’s receipt of a Right to Sue letter cit-ing Baldwin County Welcome Center v. Brown2

and Cornwell v. Robinson3. This rule was similarly articulated, as a set rule

of law, in Johnson v. Al Tech Specialties SteelCorp4. In that case, the United States Court ofAppeals of the Second Circuit held that the 90-day time limit to file a Title VII Federal claimwas not a jurisdictional predicate, but a limita-tions period subject to Equitable Tolling, citingZipes v. Transworld Airlines, Inc.5, which heldthat the requirement that the charges under 42 U.S. C. Sec. 2000(e-5) must be filed with the EEOCwithin 180 days of the allegedly discriminatorypractice, is not a jurisdictional predicate. In sodoing, the Zipes Court referred to the time limitat issue in Johnson, the 90-day rule of 42 U.S.C.Sec. 2000(e-5)(f), as “a related Title VII provi-sion.” It is significant, that the Johnson Courtnoted that the remedial purpose of the CivilRights Legislature as a whole would be defeated

BY DAVID L. COHEN

As the Vice-President for the Eleventh JudicialDistrict, I serve on the Executive Committee of theState Bar and on the House of Delegates. In thatcapacity I attended the Executive Committee Meetingon April 9th and the House Meeting on the April 10th.Other members of the House of Delegates are ArthurTerranova, Guy Vitacco, Jr., Leslie Nizin, ChanwooLee, Catherine Lomuscio, and Richard Gutierrez.

The New York State Bar Association held itsHouse of Delegates Meeting in Albany on April 10, 2010. Iam providing a copy of the Agenda so that anyone who has aninterest in a specific item can get for further information, or toask me a question. Please contact me at dlccrimlaw@aol.com.

Our Association has been actively involved with otherlocal bar associations in contesting the Mayor’s attempts torestrict the use of assigned counsel to represent indigentdefendants in criminal matters. As a result of our efforts, The

State Bar has become involved in this issue, and atthe April Meeting, I along with Ann B. Lesk,President of NYCLA, presented a Resolutionagainst the Request for Proposals issued by theMayor. The Resolution (a copy of which isattached) was adopted and the State Bar is now partof the effort to insure that private counsel remainsan integral part of the indigent defender system.

The State Bar affords local bar associations suchas ours with resources that we otherwise would be

unable to obtain. Through their GovernmentRelations staff legislation in Albany and Washington is mon-itored to find any proposed legislation that is likely to have anegative or positive impact on lawyers and their clients. Itcan mobilize state wide efforts to support or oppose issuesthat are beyond the capabilities of local bar associations.

If you have an interest in the NYSBA, please contact me todiscuss ways to join, or if you are a member to become amore active participant.

A Note onEquitable Tolling

________________________Continued On Page 11

I N S I D E T H I S I S S U EHouse of Delegates Report.........1A Note On Equitable Tolling........1President’s Message ...................3In Memory of Russell C. Morea...3Pro Bono Award For

Hilary Gingold............................4Queens Court Factoid Quiz .........4

A New Volunteer Opportunity .....5Photo Corner: Judiciary Night ....7Take Your Children To Work Day 8CLE On Mandatory Settlement

Conferences...............................9Poetic Justice - R Sparrow .......10Letter to Editor - A Lonschein...10

House Of Delegates Report

Andrew J. Schatkin

David L. Cohen

Note*: This article had originally appeared in the March 2010 Bulletin as “A Note onEquitable Estoppel,” but was not complete.

Judiciary Night 2010Hon. Charles Lopresto, Hon.

Seymour Boyers, Hon. Robert

Nahman, Hon. Nicholas Garaufis,

Guy Vitacco, Jr., Hon. Edwin

Kassoff, Hon. Sheri Roman, Hon.

Joseph Golia, Hon. Randall Eng,

Hon. Jeremy Weinstein, Hon.

Richard Brown and Hon. Fernando

Camacho.

WHEREAS, in 2007, NYSBA endorsed the report of theKaye Commission on the Future of Indigent DefenseServices (the " Kaye Commission Report"); and

WHEREAS, the City of New York (the "City") hasattempted to terminate unilaterally a 45-year old agreementconcerning the provision of indigent defense services anl0ngthe City, the Association of the Bar of the City of New York,New York County Lawyers' Association, the Queens CountyBar Association, the Brooklyn Bar Association, the BronxCounty Bar Association, the Richmond County BarAssociation and the First and Second Departments of theAppellate Division; and

WHEREAS, the City has issued a request for proposalsconcerning the provision of indigent defense services withoutconsultation with the county bar associations or other stake-holders in the indigent defense system that may well have theeffect of reducing the role of the private bar in indigentdefense; it is hereby

RESOLVED, that NYSBA reaffirms its support for theKaye Commission Report, and expresses concern with the

effect the changes contemplated by the City's request for pro-posals may have on two important policies of NYSBA: first,that indigent defense services must meet constitutionallymandated standards, and second, that substantial involvementof the private bar is a desirable goal that should be embraced,not just tolerated, in any public defense reform process; andit is further

RESOLVED, that NYSBA renews its commitment to sup-port quality and effective delivery of the constitutionally man-dated right to effective assistance of counsel under the SixthAmendment to the United States Constitution, including butnot limited to adequate funding for every kind of provider,assigned private counsel as well as institutional providers, tomeet that constitutional obligation; and it is further

RESOLVED, that NYSBA believes that changes in anyindigent defense provider system should be proposed onlyafter careful study and consideration of the impact that thosechanges will have on the quality and effective delivery of rep-resentation provided, and such changes should only be under-taken if they will improve the quality and effective deliveryof representation.

NEW YORK STATE BAR ASSOCIATION RESOLUTION ADOPTED BY HOUSE OF DELEGATESAPRIL 10, 2010

THE QUEENS BAR BULLETIN – MAY 20092

In that this is the final paper for the year, I wish to publiclythank all of those parties who have made my job an easy one,our many fine contributors and I wish to especially like to rec-ognize Janice Ruiz whose help is invaluable. I wish theincoming President, Officers and Directors a very fruitful yearand to all our readers a healthy and happy summer.

Thanks,Les Nizin

being the official notice of the meetings and programs listed below, which, unless otherwise noted, will be heldat the Bar Association Building, 90-35 148th St., Jamaica, New York. More information and any changes will bemade available to members via written notice and brochures. Questions? Please call (718) 291-4500.

PLEASE NOTE:The Queens Bar Association has been certified by the NYS Continuing Legal Education Board as an AccreditedLegal Education Provider in the State of New York.

Herbert S. Cohen George E. Moss David E. Bryan, Jr.

If you or someone you know is having a problem with alcohol, drugs or gambling, we can help. To learn more,

contact QCBA LAC for a confidential conversation.Confidentiality is privileged and assured under

Section 499 of the Judiciary Laws as amended by Chapter 327 of the laws of 1993.

Lawyers Assistance CommitteeConfidential Helpline 718 307-7828

Leslie S. Nizin

ED I T O R ’S ME S S A G ETH E DO C K E T . . .

NE W ME M B E R S

NE C R O L O G Y

May 2010Wednesday, May 26 Stress & Sanity in Your Everyday Practice - Pt IIMonday, May 31 Memorial Day, Office Closed

June 2010Tuesday, June 8 Juvenile Justice Committee SeminarWednesday, June 16 MHL Article 81/Guardianship Training

(Lay Guardians Only) 2:30 - 5:00 p.m.Friday, June 18 Surrogate’s Court Committee Seminar

September 2010Monday, September 6 Labor Day, Office ClosedMonday, September 13 Golf Outing, Garden City Country Club

CLE Dates to be Announced

Elder LawLabor Law

Landlord/Tenant LawProfessional Ethics

2010 Spring/Summer CLE Seminar & Event Listing

Stephanie Elaine AliAndrea A. AmoaKaryn Eve BulowSally ButlerRonald C. CavegliaTin Nai Anne ChengRyan Lee DarshanJennifer Marie Frankola

Jeff HenleGlenda KennedyTracy A. McAllisterBrandon C. MasonKristen Anna MeilakGeorge ParpasElizabeth PowersRafael Raffaelli, III

Patricia RocourtDaniel Alexander RudolfSadatu Salami-OyakhilomeLuca L. StoneDavid StorobinCarly Beth WiskoffXiaonan Wu Class of 2010

Gregory J. Brown

Joseph Carola, III

John Robert Dietz

Mona Haas

Gregory J. Newman

Class of 2011

David L. Cohen

Paul E. Kerson

Zenith T. Taylor

Timothy B. Rountree

Clifford M. Welden

Class of 2012

Jennifer M. Gilroy

Richard Harris Lazarus

Gary Francis Miret

Steven S. Orlow

James R. Pieret

2009-2010 Officers and Board of Managers

of the

Queens County Bar AssociationPresident - Guy R. Vitacco, Jr.President-Elect - Chanwoo Lee

Vice President - Richard Michael GutierrezSecretary - Joseph F. DeFelice

Treasurer - Joseph John Risi, Jr.

Publisher: Long Islander Newspapers,

LLC. under the auspices of Queens County Bar

Association. Queens Bar Bulletin is pub-

lished monthly from Octoberto May.

All rights reserved. Material in this publicationmay not be stored or repro-duced in any form without

permission. ©2010

The Queens County BarAssociation, AdvertisingOffices, Long Islander

Newspapers, 149 Main Street, Huntington,

New York (631) 427-7000

Arthur N. Terranova . . . Executive DirectorQUEENS BAR BULLETIN

EDITOR - LESLIE S. NIZINAssociate Editors - Paul E. Kerson and Michael Goldsmith

“Queens Bar Bulletin”(USPS Number: 0048-6302) is published monthlyexcept June, July, August and September by Long IslanderNewspapers, LLC., 149 Main Street, Huntington, NY11743, under the auspices of the Queens County BarAssociation. Entered as periodical postage paid at the PostOffice at Jamaica, New York and additional mailingoffices under the Act of Congress. Postmaster sendaddress changes to the Queens County Bar Association,90-35 148th Street, Jamaica, NY 11435.

Send letters and editorial copy to: Queens Bar Bulletin, 90-35 148th Street,

Jamaica, New York 11435

Editor’s Note: Articles appearing in theQueens Bar

Bulletin represent the views of the respec-tive authors and do not necessarily carrythe endorsement of the Association, the

Board of Managers, or the Editorial Boardof the Queens Bar Bulletin.

advertise to27000 lawyers

in Queens, Kings, New York, Nassau & Suffolk Counties

866-867-9121

Electronic Filing In Surrogate’s CourtNotice is given that Electronic Filing in the Surrogate’s Court, Queens County

commences on June 7, 2010. A Continuing Legal Education Program detailing theprocedures and mechanics of Electronic Filing shall be conducted on June 18, 2010.Future information to be forwarded by the Bar Association.

BY JAMES HARDING

On March 26, 2010, we received the sadnews that our friend and colleague RussMorea had passed away after a long illness.

There was sadness, reflection, a senseof loss and a coming together of sharedfond memories of this wonderful lawyerand wonderful human being. As we gath-ered in small groups in the courthouse andon the telephone, everyone had a “Russstory.”

Those of us above a certain age remem-bered Russ in so many different ways ---as a treasured colleague at the bar, as ahard-fighting and invaluable co-counsel,as a man truly learned in the law and liter-ature and as a genuinely funny humanbeing. I will try to share some of hiscareer highlights and the memories andthoughts of many.

On May 1, 1974, a Queens Grand Juryindicted Martin Settles and another fortwo counts of murder committed during arobbery. It was a direct presentment. OnAugust 14, 1974, Settles was arrestedpost-indictment, given Miranda warningsand placed in a lineup without counsel.He was indentified. He was convicted ofRobbery in the First Degree.

On December 21, 1978, the New YorkState Court of Appeals unanimouslyreversed his conviction, adopting theargument of his appellate lawyer that oncejudicial proceedings had commenced, thedefendant’s right to counsel indeliblyattached. As a matter of both state andfederal constitutional law, this right couldnot be waived in absence of counsel and itapplied to a lineup as well as an interroga-tion. This is the law of this State. Thecase is People vs. Settles, 46 NY2d 154.The appellate lawyer was Russell Morea.

In the early 1980’s he won an acquittal inthe “Colombian hit man” case when no onegave him a chance of winning. His cross-examination and summation were brilliant.

In 1994, Carmine Esposito was profiledon “America’s Most Wanted.” Indictedand tried for Second Degree Murder inQueens, he was acquitted by a jury. Itmay be the only known acquittal of an“America’s Most Wanted” subject. Histrial lawyer was Russ Morea.

In 1997, Carlos Zambrano was releasedafter 2 years in jail, having wrongfullybeen accused of a murder in Queens. Thereal killer was someone who had fled toTexas. Zambrano’s lawyer, throughdogged investigation and persuasion con-vinced the Queens District Attorney’s

Office that they had the wrongman. That lawyer was RussMorea.

In 1998, James Gordon wastried in Queens for a brutal triplehomicide. It was Queens’ firstdeath penalty trial in decades fol-lowing restoration of the deathpenalty. The skill of Russ, (andhis very able co-counsel,Christopher Renfroe) during thepenalty phase saved Gordon froma death sentence.

On January 11, 2005, the People dis-missed a murder indictment against JorgeHurtado because his lawyer was able toconvince the People that his client’s guiltcould never be proven beyond a reason-able doubt. Once again, that lawyer wasRuss Morea.

Remarkably, also on January 11, 2005,the attorney for Raeburn Dyer won dis-missal of his client’s murder indictmentunder constitutional speedy trial grounds(CPL 30.20), a rarity in a murder prosecu-tion. His lawyer was Russ Morea.

Prosecutors regarded him as a worthyadversary. They held him in high esteemfor his skill, honesty and passionate com-mitment to justice. The prosecutor in theHurtado case, Jennifer Naiburg, describedRuss as a genuinely nice human beingwhose very presence on a case raised thelevel of his adversary’s performance.Charles Testagrossa, an executiveAssistant District Attorney tried threehigh profile murder cases (including thedeath case) against Russ. He said Russgave 100% for every client, retained orassigned, and described him as “zealousand honorable……a man of honor…..agreat human being.”

In or about 1982, Russ and I were co-counsel on a five defendant murder trialwhere the victim was a police officer,Robert Sorrentino, who was killed in theline of duty. The hearings lasted onemonth and the trial lasted four months. Itis the legal equivalent of being in a fox-hole with someone. Russ did a masterfuljob as a courtroom tactician, cross-exam-iner and “law man” for his client and forthe team. What impressed me most, how-ever, was the way Russ had your back.

One member of the team (also, sadly,no longer with us) sometimes had verydifficult afternoons. A mountain of foren-sic evidence had come in against hisclient. Seeing that our colleague was introuble, Russ jumped in and conductedsuperb cross-examination of the ballistics,

fiber and fingerprint experts asif for his own client. Russ wasnot going to let our colleague beembarrassed or his client hurt. Inever forgot that.

Another memory of Russ washis holding court at an informa-tion booth in the center of thecourthouse lobby. Members ofthe public would ask questionsand he would answer with thatbemused look on his face.

A floating group of us gathered therealmost everyday. We were veteran crimi-nal trial lawyers. We told tales, swappedwar stories, did impersonations, insultedeach other --- and Russ was always at thecenter.

For all his great accomplishments as alawyer, Russ never took himself too seri-ously. He had no time for self-impor-tance, posturing or pomposity. He wasdown to earth and loved to laugh at him-self and with others. He liked people andthey liked him.

Russ was a true son of Queens. Raisedin Richmond Hill, he was the son ofItalian immigrants. His father, Domenico,was a bricklayer and contractor. Hismother, Grace, was a seamstress. Hisfather built a lot of stoops all overSouthern Queens. Russ and his brotherSonny convinced that their summers ofbricklaying were a message from theirfather --- get an education. They did.

Russ graduated from Brooklyn Tech,Hunter College and Brooklyn Law Schoolat night. Sonny became the Chief DesignManager for the Lunar Rover and his sis-ter Gloria (Leo) became Chief Librarian atthe United Nations.

Russ loved literature, art and crazy ties.Taking up painting in his forties, his

daughter Grace said he became an “avid,avid, avid” painter especially of hisbeloved seascapes. She said his artbecame “an integral part of who he was.”He painted to the last week of his life,even when he could no longer speak.

Russ was deeply devoted to his family.We extend our profound sympathy to hiswife, Vita, his daughters Angela andGrace, his grandchildren John, Gianna,Sophia and Christopher and his brotherSaverio (Sonny) and sister Gloria.

Russell Morea’s light will continue toshine among his colleagues for as long aswe have clients who need justice andadvocates to fight for them.

He will continue to be an inspiration tous all.

[James P. Harding, Esq. is a partner inHarding & Moore, Esqs. in Kew Gardens,New York.

He wishes to thank the following fortheir invaluable assistance: Grace Morea-Tinto, Esq., Private Investigator ArtieGrix, ADA’s Charles Testagrossa,Jennifer Naiburg and Peter McCormick,and many members of the defense bar.]

It’s hard to believe that this is my lastPresident’s Message. My term as Presidenthas gone fast. I would first like to thank ourExecutive Director, Arthur Terranova, forall his guidance, support and friendship. Itruly believe we made a good team. Arthuris well known throughout the state of NewYork and the country as one of the premierExecutive Directors of any BarAssociation. We are truly lucky to havehim. Thanks, Arthur.

Also, Arthur is backed by a great staffwho have been so helpful all year; Janice,Sasha, Shakema and Roger our buildingmanager.

I would like to congratulate ChanwooLee, the incoming President; the first everAsian-American Bar President in Queens

County. I know she will do afine job. I will be there for anysupport she needs in the comingyear. Good luck Chanwoo.

Chanwoo is backed by animpressive array of Officer’s inRichard Gutierrez, President-Elect; Joseph J. Risi, Jr., Vice-President; Joseph DeFelice,Treasurer and Joseph Carola,III, Secretary. I wish you allgood luck in the coming year.

Our Board of Managers ismade up of a fine bunch ofwomen and men who have the best interestsof all residents of Queens County and allmembers of the Queens County Bar. I amprivileged to call each and every one of

them a friend and want tothank them for a fine year.

Our Annual Dinner andInstallation of Officers thisyear will be held on Thursday,May 6, 2010 at the Terrace onthe Park. I am honored that theFroessel Award Committeehas nominated and the Boardof Managers has confirmedthat the recipient is Guy R.Vitacco, Sr., my father.

This is the most prestigiousaward that the Queens County

Bar Association can bestow on a person andI have firsthand knowledge that Guy R.Vitacco, Sr. truly deserves this honor for allhis many years of service and devotion to

the Queens County Bar Association and thepeople of Queens County. So congratula-tions Dad for your many years of serviceand devotion to the Queens County BarAssociation and for being the recipient ofthe Froessel Award 2010.

I would be remiss if I didn’t thank ourAdministrative Justices Jeremy Weinsteinand Fernando Camacho for their open doorpolicy and support of the Queens CountyBar Association this year. We are trulylucky in Queens County to have such finegentlemen and jurists as our administrators.

It has truly been an honor and privilege toserve as your President and I would like tothank everybody for your support this year.

Guy R. Vitacco, Jr.

THE QUEENS BAR BULLETIN – MAY 2009 3

PR E S I D E N T ’S ME S S A G E

Guy R. Vitacco, Jr.

RUSSELL C. MOREA August 23, 1939 -- March 26, 2010

Russell C. Morea

I’ve been asked To briefly forayInto the lifeOf Russell Morea

Here was a man Of talent, uniqueEveryone listenedWhen Russ did speak

As a lawyer, he Was first among peers,As a friend he’d alwaysShare a few beers

He’d take a caseFrom trial to appealAnd never a clientFaced a “last meal”

A relic from an eraNow forgotten and coldWhen defense lawyers were fearlessAggressive and bold

Well, Russ retiredTo a life of easeWith Vita, Angela and GraceAnd grandkids, if you please!

And now, though he’s goneHis poetry never diesAnd we’ll all remember RussAnd his outlandish ties!

ROBERT E. SPARROWApril 2010

Russ Morea

THE QUEENS BAR BULLETIN – MAY 20104

BY MARK WELIKY*

Pictured below is a residential and commercial re-development going up on ParsonsBoulevard in Jamaica. Do you know what the building was originally used for? Seepage 8 for the answer.

Hilary Gingold Winner of NYSBA2010 President’s Pro Bono Service

Award for the 11th J.D.BY CORRY L. MCFARLAND*

On Law Day, May 3rd, 2010, HilaryGingold will be presented with the NewYork State Bar Association (NYSBA)President’s Pro Bono Service Award forthe 11th Judicial District in recognition ofher exemplary volunteer work with theQueens Volunteer Lawyers Project(QVLP) Foreclosure Conference Project(the Project). For the past twenty years theNYSBA has given this award in recogni-tion of outstanding pro bono service bymembers of the legal community and inrecognition of the importance of such serv-ice in providing equal access to the justicesystem for all New Yorkers irrespective ofincome. The award ceremony will takeplace in Albany at the State Bar Centerimmediately following the New YorkCourt of Appeals' Law Day Celebration.

Ms. Gingold first became affiliated withthe QVLP in the summer of 2009 through

NYC Service, a city wide volunteer initia-tive headed by the BloombergAdministration. From the inception of

Hilary Gingold

(Continued on page 8)

[ Over 20 Years \

Providing Consultation to Attorneys

& the Courts on Psycho-legal Matters

• Criminal Cases: Competency Issues, Criminal

Responsibility, Extreme Emotional Disturbance, Risk

Assessment, Sex Offender Workups & Dispositional

Planning

• Matrimonial & Family Court Cases:

Custody/Visitation, Neglect/Abuse, Termination,

Delinquency, Family Violence, & Adoptions

• Civil Cases: Competency Issues, Head Trauma,

Sexual Harassment, Discrimination, Immigration,

& Post-Traumatic Stress Disorders

Comprehensive Diagnostic &Treatment Services

WWW.NYFORENSIC.COM

26 Court Street, Suite 912, Brooklyn, NY 11242718-237-2127

&

45 North Station Plaza, Suite 404, Great Neck, NY 11021516-504-0018

The New York Center forNeuropsychology

& Forensic Behavioral Science

Dr. N.G. Berrill, Director

EMPLOYMENT & LABOR LAW

STEPHEN D. HANS & ASSOCIATES P.C.Counsel to the Profession

Counsel to the Profession - over three decades

Chairperson - Labor Relations Committee - Queens County Bar.

Association of the Bar - Employment Law Panel Member.

❏ Arbitrations

45-18 Court Square, Suite 403, Long Island City, New York 11101

Telephone 718-275-6700 Fax 718-275-6704E-mail: shans@hansassociates.com

❏ Sexual Harassment❏ Americans with Disabilities Act❏ Education Law

❏ Union Representation❏ Title VII - Discrimination❏ Pension Issues

THE QUEENS BAR BULLETIN – MAY 2010 5

The New York State Office of CourtAdministration (OCA) has announced anew program to encourage retired attor-neys to volunteer for pro bono programs.OCA amended its attorney registrationrules to create a new status, “AttorneyEmeritus,” which applies to lawyersretired from the practice of law who agreeto provide at least 30 hours of pro bonoservice annually. This pro bono servicecan be provided through a qualified legalservice provider such as the QueensCounty Bar Association VolunteerLawyers Project (QVLP).

Annually there are more than two mil-lion unrepresented New Yorkers whoappear in our courts. Many of them arelow-income and vulnerable people inneed of legal assistance. The new“Attorney Emeritus” program seeks toutilize the talents and experience ofretired lawyers who are at least 55 yearsold, are attorneys in good standing andhave practiced for a minimum of 10years.

Volunteers for this program are exemptfrom paying the $350 biennial attorneyregistration fee and there are no CLErequirements beyond any free trainingwhich may be necessary to provide probono services. Although prior experience

is helpful, it is not required since trainingand supervision will be provided byQVLP. Attorney Emeritus volunteers arecovered by malpractice insurance cover-age provided through QVLP for pro bonoservice referrals. Volunteers will haveseveral choices on the type of pro bonoassistance they will provide. For instancethey may give limited-scope representa-tion at a foreclosure settlement confer-ence, or at the CLARO-QueensConsumer Debt Clinic. Volunteers mayalso choose to provide full representationfor matters such as uncontested divorcesor the drafting and execution of wills.QVLP will screen all applicants for probono assistance as to the subject matter oftheir case and their financial eligibilityfor pro bono services.

If you are interested in enrolling in theAttorney Emeritus program you need notwait for your registration materials. Youmay enroll anytime by calling (877) 800-0396 or by going to www.nycourts.govand completing a short online form. Formore information about this program youmay call the number listed above or con-tact volunteerattorneys@nycourts.gov orcontact Mark Weliky, QCBA Pro BonoCoordinator, (718) 291-4500 ext. 225,MWeliky@QCBA.org.

“Attorney Emeritus”A New Volunteer

Opportunity

THE QUEENS BAR BULLETIN – MAY 20106

PH O T O CO R N E R

Annual Judiciary Night – Monday, April 19, 2010

Hon. Cheree Buggs, Terri Thomson and Damon

Hemmerdinger

Hon. Gilbert Badillo, Guy Vitacco, Jr. and Hon.

Ulysses Leverett

Hon. Janice Taylor, Fearonce LaLande and Roberta

Chambers

Erwin Newman, recipient of the Academy of

Law Award with Hon. Martin Ritholtz

Hon. Allen Beldock, Hon. Richard Latin, Hon. Morton Povman,

Hon. Thomas Raffaele and Len Livote

Hon. Bernice Siegal, Hon. Fernando Camacho, Tim

Rountree and Hon. Pam Jackman-Brown

Doug Krieger, Hon. Allen Belock, Hon. Denis Butler, Hon. Darrell Gavrin, Hon.

Randall Eng and Tom Principe

Ed Rosenthal, Hon. William Erlbaum, Hon. Augustus Agate, Hon. Sheri Roman

and Hon. Seymour Boyer

David Wasserman, Joe DeFelice, Seymour James and Joe BaumDominic Villoni, Hon. Robert Nahman, Hon. Lawrence Cullen, Greg Newman and

Cliff Welden

Chris Arzberger, Mona Haas, Hon. Joseph Risi, Hon. Margaret Parisi-McGowan,

Hon. Martin Ritholtz and Maurice Rabbenou

Damon Hemmerdinger, Terri Thomson, Hon. Stephanie Zaro, Steve Singer and

Herbert Rubin

Photos by Walter Karling

THE QUEENS BAR BULLETIN – MAY 2010 7

PH O T O CO R N E R

Annual Judiciary Night – Monday, April 19, 2010

Hon. Jeffrey Lebowitz, Hon. Lee Mayersohn and Hon. Charles Lopresto

Hon. Lawrence Cullen, Ira Futterman and Hon. Terrence O'Connor

Hon. Ronald Richter, Hon. Carol Ann Stokinger, Hon. Margaret Parisi-McGowan,

Hon. Nicholas Garaufis, Herbert Rubin and Ed Rosenthal

Hon. Terrence O'Connor, Hon. Rudolph Greco, Hon. Joseph Golia and Hon.

Charles Thomas

Jay Abrahams, Sue Borko, Elly Vreeburg, Hon. Darrell Gavrin and Hon. Terrence

O'Connor

Paul Goldblum, George Nashak and Ted GoryckiTom Graham, Hon. Joseph Golia, Ted Gorycki, Michael

Mattone and Joe Mattone, Jr.

Wally Leinheardt, Hon. Terry O'Connor, Hon. Dan

Lewis and Gary Darche

Roberta Chambers, Jessica Sin, Hon. Carmen Velasquez, Camila Popin and Sandy

Munoz

Hon. Nicholas Garaufis, Guest Speaker and Judge of the US District Court,

Eastern District of New York

Hon. Jodi Orlow, Hon. Thomas Raffaele and Hon. Jeremy Weinstein

Photos by Walter Karling

THE QUEENS BAR BULLETIN – MAY 20108

Ms. Gingold’s service with the Project itwas clear that she would be of immeasura-ble value to the program. In less than ayear Ms. Gingold has accepted over 14 probono conference cases, well above andbeyond her initial pro bono commitment tothe Project. Further, without Ms.Gingold’s dedicated service and willing-ness to take on conferences at a moment’snotice the Project would not have beenable to represent homeowners at all of the92 conferences referred in 2009.

In addition, Ms. Gingold has furtheredthe effectiveness of the Project by mentor-

ing other pro bono volunteers and by par-ticipating as a panelist at the Project’sMarch 2, 2010 CLE, “RepresentingHomeowners at Foreclosure Conferences.”The “Foreclosure Conference Checklist,”that she created as a guide to navigating theforeclosure conference process and pre-sented at the March 2nd CLE is now a partof the conference case assignment packagedistributed to all Project volunteers.

Hilary Gingold is an experienced realestate attorney and has represented devel-opers, lenders and individuals in a varietyof real estate transactions. In addition tovolunteering with the Project, she is also

an active member and volunteer with theNassau County Bar Association and withthe CLARO Queens Pro Se DebtorAssistance Clinic also offered by QVLP.Ms. Gingold is a graduate of St. John’sUniversity School of Law where she was apublished member of the Law Review.

She is a magna cum laude graduate of theAdelphi University School of Social Workwith a B.S.W.

*Corry L. McFarland is the ForeclosurePrevention Coordinator for the QueensVolunteer Lawyers Project

On April 22, 2010, The QueensCounty Bar Association and the QueensCounty Women’s Bar Association spon-sored the annual Queens Family CourtTake Your Children to Work Day. Theevent brought more than forty (40) chil-dren of Family Court practitioners as wellas court and agency personnel to theQueens Family Court to see the importantwork that members of their family do forthe children and the families of QueensCounty every day!

The day began by offering each child anopportunity to have his/her picture takenwhile dressed in either a judge’s robe or a

court officer’s uniform. Thanks to thegenerosity of the Bar associations and thehard work of Family Court lawyers andstaff, the children enjoyed a wonderfulday starting with a breakfast of juice anddonuts as they had fun testing their knowl-edge while playing an interactive courttrivia game. They also participated as thejury in a mock trial of Draco Malfoy whowas accused of stealing Harry Potter’sbroomstick. The Honorable RonaldRichter presided over the trial answeringquestions from many interested childrenabout his role in family court as well asnuances of the case. The children were

given tours of the courthouse duringwhich they visited secure areas and hadcandid discussions with court officers,corrections and juvenile justice personnelregarding the difficulties faced by thosewho find themselves in trouble and inFamily Court. They returned to a pizzalunch where they met lawyers and agencyand court personnel who spoke with thechildren about their roles and again,engaged them in a lively dialogue! TheHonorable Pamela Jackman Brown alsospoke with the group and even joinedthem in a rendition of Taylor Swift’s“You belong with Me.”

Each child received a certificate of par-ticipation and books, pencils and informa-tional material that had been donated bythe Office of Court Administration, theNew York State Court OfficersAssociation, the New York State CourtClerks Association, and the New YorkCity Law Department, Office of theCorporation Counsel.

The children were truly excited to learnof the Family Court process and at the endof the day, there were certainly somefuture judges, lawyers, officers and mem-bers of the Queens Bar Association in theaudience!

Queens Bar Associations Sponsor The Next Generation!Queens Family Court Take Your Children to Work Day

Continued From Page 4_________________

Hilary Gingold Winner of NYSBA 2010 President’s Pro Bono Service Awardfor the 11th J.D.

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Court Factoid Quiz Answer from page 4

If you said Queens Family Court you’re WRONG! This building was firstused as the central branch of the Queens Library. The original Queens CentralLibrary at Parsons Boulevard and 89th Avenue in Jamaica was opened in1930 and was expanded with Works Progress Administration (WPA) funds in1941. It was a fine four-story Renaissance Revival building. In spite of itselegance, it was too small for the growing demand for library space and it wasreplaced by a new more spacious facility in 1966, located at 89-11 MerrickBoulevard in Jamaica.

Of course, many of us know that this building was Queens Family Court formany years until the new courthouse opened on Jamaica Avenue in 2003. Ithink those of us who had to appear at the “old Family Court” would agreethat whatever shortcomings the building had as a library, it certainly wasn’tmeant to be a courthouse. However, the façade of the building survives as ahistorical landmark which is being restored as part of the revitalization of thedowntown Jamaica area.

* Mark Weliky, is the Pro Bono Coordinator for the Queens County BarAssociation

Advertise To 27000 Lawyers in Queens, Kings, New York, Nassau & Suffolk Counties Call 866-867-9121

THE QUEENS BAR BULLETIN – MAY 2010 9

BY CORRY L. McFARLAND*

On March 2, 2010 the Queens VolunteerLawyers Project (QVLP) held a CLESeminar entitled, “Representing Home-owners at Mandatory SettlementConferences.” The free, three hour semi-nar was conducted in the auditorium of theQueens County Bar Association andboasted an audience of 60 plus attendeescomprised of both new and old volunteersof the QVLP’s Foreclosure ConferenceProject (the Project).

The primary purpose of the seminar wasto review the new Foreclosure Prevention,Tenant Protection and Property Maint-enance Act (the Act) adopted by GovernorPatterson in December of 2009 and effec-tive February of this year. The Act buildson the previous Foreclosure Preventionand Responsible Lending Act of 2008 withthe most pertinent change being the expan-sion of mandatory settlement conferencesto all foreclosure filings where the proper-ty at issue is the primary residence of thedefendant homeowner, no longer limitingconferences to only those foreclosure fil-ings where the mortgage is deemed sub-prime or non-traditional in accordancewith the definitions set forth in the 2008legislation.

In keeping with the Project’s tradition ofpartnering with sister organizations in pro-viding training to pro bono attorneys inorder to combat the foreclosure crisis, theseminar was held in conjunction with var-ious state and local legal servicesproviders. Kirsten Keefe of the Empire

Justice Center gave an overview of the2009 Act and the Home AffordableModification Program (HAMP). Ms.Keefe was followed by Hilary Gingold,who shared her experiences as a currentpro bono volunteer with the Project as wellas a conference preparation checklist thatshe created which is now a part of theassignment package distributed to allProject volunteers who accept confer-ences. Hilary Bauer (Legal Services forthe Elderly in Queens-JASA), SumaniLanka (Queens Legal Aid Society-CivilPractice Division), Sara Manaugh (SouthBrooklyn Legal Services), DonnaDaugherty (Legal Services for the Elderlyin Queens-JASA), and Tracy Catapano-Fox (Law Secretary to Justice Jeremy S.Weinstein, Queens Supreme Court) thenmade a joint presentation regarding thenuts and bolts of settlement conferences inBrooklyn and Queens including how bestto advocate for homeowners and how todeal with various issues arising out of theconference process. The evening ended

with a panel discussion and Q&A periodconducted by the evening’s moderatorApril Newbauer (Queens Legal AidSociety-Civil Practice Division).

The evening was a great success for theProject, adding just over thirty new volun-teers to the Project’s pro bono foreclosuresettlement conference panel as well asreferring several new volunteers to theBrooklyn Volunteer Lawyers Project’sForeclosure Prevention Project for those inattendance naming Brooklyn as their vol-unteer borough of choice. Additionalmandatory settlement conference trainingsare being planned for the fall of this year.For more information or to volunteer forthe Queens Foreclosure ConferenceProject contact Corry L. McFarland,Foreclosure Prevention Coordinator at(718) 291-4500 ext. 302.

*Corry L. McFarland is the ForeclosurePrevention Coordinator for the QueensVolunteer Lawyers Project

QVLP Holds CLE on New Legislation GoverningMandatory Settlement Conferences”

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THE QUEENS BAR BULLETIN – MAY 201010

(1) I went to courtWith a trembling clientFearing jail, he promised To be compliant

With Judicial directivesBut the courtroom displayed a lightedsign“Is Judge Charging”“A good Judge,” he asked in a whine

But I’m innocent – I never confessedI’m even willing to takeA “lie detector” test.

And, if all else failsRather than scram He’d be willing to be “Reprimanded to a program.”

For I’m good natured And never rude – “I’m full of characterAnd moral turpitude!”

(2) I had a clientFrom another state Who vociferously tormented

His unfortunate mate, But he said the charges

Were purely fictionAnd thus we must contestAny “extradition” –

But he couldn’t pay His funds were stagnantAnd he bluntly assertedThat he was “indignant.”

(3) George was arrested He never hesitatedHe mumbled “I was chargedWith drunken while intoxicated.”

And when he confessedAt the police station

He proclaimed his statement“Is to the best of my recantation.”

ROBERT E. SPARROWAPRIL 2010

*All of these malaprops actuallyoccurred during the course of a longand interesting career*

MORE LAW OFFICE ANECDOTES

If one is asked“Why, oh why’re”We honoringJudge Joan O’Dwyer

The answer is clearOne can plainly seeShe’s a remarkable JudgeAnd a great referee

Who broke all recordsOf judicial longevityAnd thus I can hardlyResort to brevity

In praising this charming ladyOf wisdom and grace, Who set the “bar” highIn her 50 year race.

But Joan O’Dwyer’s lifeIs so much moreThan just a JudgeWith an open door,

She’s raised a familyThus we share her prideFor Shane, Liam and KellyMatch her – stride for stride.

And those 5 little grandkidsUpon whom she dotesFor grandma of the yearShe’s earned their votes

Now we must not forget The love of her lifeJudge Tony SavareseMade them judicial man and wife.

I remember JoanIn JP OneFirst to sit in that Part (When trying cases was still fun).

Well, Your Honor A half century’s gone byYou’ve earned your restSo Godspeed – but not goodbye,

Joan O’Dwyer – Though 50 years more may passThere will never be anotherLass with your class!

Fondly, ROBERT E. SPARROWApril 16, 2010

Honorable Joan O’Dwyer

if the aggrieved plaintiffs were absolutelybarred from pursuing judicial remedies byreason of excusable failure to meet thetime requirement. The Johnson Court con-cluded that the 90-day time limit may beequitably tolled.

This caveat in Johnson brings us to thedoctrine of Equitable Tolling. It may besaid, as a general rule, that Title VII timelimitations, such as the Title VII 90-dayrule are not jurisdictional, but are analo-gous to a statute of limitations, and arethus subject to equitable modifications,such as tolling. See Zipes v. TransworldAirlines, Inc.6; Oshiver v. Levin, Fishbein,Sedran & Berman7; Walker v. St.Anthony’s Medical Center8; and Bluitt v.Houston Independence School District9.

The question arises how the doctrine ofEquitable Tolling may be understood. InJordan v. Smith Kline Beecham, Inc.10 Inthat case, the Pennsylvania District Courtheld that the doctrine of Equitable Tollingis appropriately used to extend the dead-line of filing Employment Discriminationactions in three principle situations: wherethe defendant has actively misled theplaintiff respecting plaintiff’s cause ofaction; where the plaintiff, in someextraordinary way, has been preventedfrom exerting his/her rights; or where theplaintiff has asserted his/her rights mistak-enly in the wrong forum.

Davis v. U.S. Postal Service11 stated aslightly different rule adding that the doc-trine is available where the employer hasactively misled the employee, the employ-ee was unable to proceed or where otherexceptional circumstances existed. Dillardv. Runyon12 noted that Equitable Tollingis not available when the plaintiff herselffails to exercise due diligence.

A sub-rule with respect to the doctrineof Equitable Tolling is where the employ-ee did not know all the facts or was unableto discover them. See Oshiver v. Levin,Fishbein, Sedran & Berman13. Similarlyin Watson v. National Linen Service14, theFlorida Circuit Court held that the filingsof Commission Complaints on February24 and 25, 1977 were timely, thoughalleged discriminatory failure to promote

occurred on August 26, 1976, where theplaintiff did not become aware thereofuntil August 31, 1976, and a reasonablyprudent person would not have discoveredthe claim earlier. See also on this,Weinandt v. Kraft Pizza Co.15; Jordan v.Smith Kline Beecham, Inc.16

There is another rule concerningEquitable Tolling. That is that the statuteof limitations applicable to the filing ofcharges with the Commission for racialdiscrimination in employment is tolledonce the employee has invoked his con-tractual grievance remedies in effort toobtain a private settlement of hisComplaint. Hutchings v. U.S. Industries,Inc.17 See also Culpepper v. ReynoldsMetal Co.18; Malone v. North AmericanRockwell Corp.19

On the other hand, it is the law that thependency of arbitration or grievance pro-cedures pursuant to a CollectiveBargaining Agreement did not toll the run-ning of the period for filing employmentdiscrimination charges with the adminis-trative agency or waive the filing require-ments, since contractual rights, under theCollective Bargaining Agreement, werelegally independent from statutory rightsunder Title VII. Frank v. New York StateElec. & Gas.20 On the other hand, inRudolph v. Wagner Elec. Corp.21 theMissouri District court held that the filingof a grievance under a CollectiveBargaining Agreement does not toll therunning of the limitations period withinwhich employment discrimination chargesmust be filed with the Commission underthis sub-chapter. See also on thisMcReynolds v. General Elec. Co.22

A second rule concerning EquitableTolling is where there has been an erro-neous state agency procedure. Thus, inBrown v. Crowe,23 the Tennessee CircuitCourt held that Equitable Tolling would beapplied where the plaintiff filed a claimwith a state agency more than 240 daysafter his discharge and where, but for theerroneous annotation by the state agency,timely initial processing would have takenplace under the terms of the work-shareagreement with the EEOC and the stateagency would therefore have terminatedits proceeding within 300 days, so that thefiling with the EEOC could be timely.Similarly, in Berkoski v. Ashland

Regional Medical Center, 24 thePennsylvania District Court held thatEquitable Tolling applied if the employ-ment discrimination charge was not prop-erly filed with the EEOC by the 300 daysrequired, where the employee submitted averified complaint to the State Civil RightsAgency with the statement it was to bereferred to EEOC, but the state agencyfailed to timely refer it.

Another turn on the rule of EquitableTolling is where the state agency gaveincorrect advice or misrepresent. This inStutz v. Depository Trust Co.,25 the UnitedStates District Court for the SouthernDistrict of New York held that where thefemale formal employee claiming retalia-tory discharge did not bring the claimbefore the Commission because of incor-rect advice from the Department of HumanRights representative and where theemployer was not prejudiced as it wasaware of the claim of retaliatory discharge,the 300-day time period for filing a claimwith the Commission would be tolled.

There is a similar rule that misleadinginformation or misrepresentations provid-ed by the EEOC to the employee can be abasis for Equitable Tolling. Thus, inLawrence v. Cooper Communities, Inc.,26

the United States Court of Appeals for theEighth Circuit held that misleading infor-mation provided to the employee by theEEOC was a basis for Equitable Tolling ofthe Title VII requirement that the employ-ee file a timely EEOC charge. The Courtheld that the EEOC misled the employeeinto reasonably believing that submittingan unverified charge information formwithin fifteen days of the 180-day filingdeadline, with subsequent verification,would meet filing requirements. See alsoTsai v. Rockefeller University. 27

There is also a sub-rule on EquitableTolling that incorrect employer advice ormisrepresentations can toll a period. SeeOshiver v. Levin, Fishbein, Sedran andBerman.28 See also Pearson v. Macon-Bibb County Hospital Authority;29 Stalterv. Board of Coop. Educational Services ofRockland Co.;30 Lawton v. State MutualLife Ins. Co. of America;31 Burell v. Cityof City University of New York.32

There is another rule that where there isan attorney error, Equitable Tolling will beapplied. Thus, in Burton v. U.S. PostalService33 the Ohio District Court held thatthe time limitation for filing a formal com-plaint with the EEOC would be EquitablyTolled in case of the Complaint filedapproximately 14 days late, where theclaimant’s attorney irresponsibly aban-doned his client and the case and left townwithout informing his client with the resultthat the attorney failed to mail a formalwritten complaint on time.

There is also a law that where the plain-tiff demonstrates mental disability,Equitable Tolling may be applied. Thus,in Bravo Perazza v. Puerto Rico,34 thePuerto Rico District Court held that theplaintiff’s mental disability can only be abasis for Equitable Tolling when it is sosevere that the plaintiff was unable toengage in rational thought and deliberatedecision making sufficient to pursue hisclaim alone or through counsel. On thissee also, Llewellyn v. Celanese Corp.35

There is also a rule that the pendency ofa Title VII class action tolls the adminis-trative filing period for class memberswishing to bring individual suits, evenafter class certification has been vacated.See Griffin v. Singletary.36

Thus far a number of bases have beenexamined and analyzed where EquitableTolling may obtain. These include wherediscovery of the facts was difficult; wherethere have been pending contractual griev-

ance procedures; where there has beenerroneous state agency procedure; wherethere has been erroneous state agencyadvice or misrepresentations; where therehas been a severe mental or emotionalinstability severely affecting the plaintiff;and where there is a class action pending.

Despite these sub-rules, there is a moregeneral rule that, income way, exceptionalcircumstances must be present. SeePerezic v. Crespo;37 Howze v. VirginiaPolytechnic;38 and Smith v. McGinnis,39

where the Second Circuit held thatEquitable Tolling is appropriate only inrare and exceptional circumstances inwhich a party is prevented in someextraordinary way from exercising hisrights. See also Johnson v. NyackHospital.40 More to the point, is Chapmanv. Choice Care, Long Island TermDisability Plan41 where the United StatesCourt of Appeals for the Second Circuitheld that in determining whether to applyEquitable Tolling, a court must considerwhether the party seeking it: 1) has actedwith reasonable diligence during the timeperiod and 2) has demonstrated extraordi-nary circumstances. See also Jacobs v.SUNY at Buffalo School of Medicine.42

CONCLUSIONThis article which has presented an

overview and somewhat cursory analysisof the doctrine of Equitable Tolling revealsa general rule that a showing of exception-al circumstances must be made with anumber of sub-rules attached to this over-riding basic rule and requirement. It ishoped that this article will provide thepracticing lawyer with a guide through thisdetailed and complex area of law.

*Andrew J. Schatkin practices law inJericho, New York and is the author ofover 150 legal articles and the contributorto five books. In addition to his lawdegree, he has a Dip. In InternationalHuman Rights from Strasbourg, Franceand a Certificate in International Law fromthe Hague in the Netherlands. He is alsolisted in Who’s Who in America.

1 84 F. 3d 522 (2nd Cir. 1996)2 466 US 147, 104 S. Ct. 1723, 80 L. Ed.2d 196(1984)3 23 F. 3d 694 (2nd Cir. 1994)4 731F. 2d 143 (2nd Cir. 1984)5 455 US 385, 102 S. Ct. 1127, 71 L. Ed. 2d 234(1982)6 Id.7 38 F. 3d 1380 (3rd Cir. 1994)8 881 F. 2d 554 (8th Cir. 1989)9 236 F. Supp.2d 703 (S.D. Tex 2002)10 958 F. Supp. 1012 (E.D. Pa. 1997)11 934 F. Supp. 1210 (D. Colo. 1996)12 928 F. Supp. 1316 (S.D.N.Y. 1996)13 Id.14 686 F. 2d 877 (11th Cir. 1982)15 217 F. Supp. 2d 923 (E.D. Wis. 2002)16 Id.17 428 F. 2d 303 (5th Cir. 1970)18 421 F. 2d 888 (5th Cir. 1970)19 457 F. 2d 779 (9th Cir. 1972)20 871 F. Supp. 167 (W.D.N.Y. 1994)21 445 F. Supp. 836 (E.D. Mo. 1978)22 406 F. Supp. 1278 (S.D. Ohio 1976)23 963 F. 2d 895 (6th Cir. 1992)24 951 F. Supp. 544 (M.D. Pa. 1997)25 497 F. Supp. 654 (S.D.N.Y. 1980)26 132 F. 3d 447 (8th Cir. 1998)27 137 F. Supp. 2d 276 (S.D.N.Y. 2001)28 Supra.29 952 F. 2d 1274 (11th Cir. 1972)30 235 F. Supp. 2d 323 (S.D.N.Y. 2002)31 924 F. Supp. 331 (D. Mass. 1996)32 894 F. Supp. 750 (S.D.N.Y. 1995)33 612 F. Supp. 1057 (N.D. Ohio 1985)34 218 F. Supp. 2d 176 (D. Puerto Rico 2002)35 693 F. Supp. 369 (W.D.M.C. 1988)36 17 F. 3d 356 (11th Cir. 1994)37 902 F. Supp. 438 (S.D.N.Y. 1995)38 901 F. Supp. 1099 (W.D. Va. 1995)39 208 F. 3d 13 (2nd Cir. 2000)40 86 F. 3d 8 (2nd Cir. 1996)41 288 F. 3d 506 (2nd Cir. 2002)42 204 F. Supp. 2d 586 (W.D.N.Y. 2002)

Continued From Page 1 _________________

Equitable Tolling

Although we mistakenly omitted her ad from our2010 QCBA Annual Dinner Journal we would like to

acknowledge the generous contribution to theQueens Volunteer Lawyers Project by

Donna Furey, Esq.Law Office of Donna Furey

21-83 Steinway StreetAstoria, N.Y. 11105

Tel: (347) 448-2549 Fax: (718) 721-7981DFurey@Fureylaw.net

THE QUEENS BAR BULLETIN – MAY 201012