R ICHMOND C OUNTY B AR A SSOCIATION 2012 VICTORY BLVD.

(718) 442-4500

STATEN ISLAND, N.Y. 10314

SPRING

2000

GIGANTE SWORN IN AS SUPREME COURT JUDGE Robert J. Gigante was sworn in as a justice of the New York State Supreme Court on December 16, 1999 in the Jurors waiting room on Stuyvesant Place. Comments and remarks were made by former RCBA President Judge Philip Minardo, and former RCBA President James Dollard, and Kings County Bar Association President Steven Cohen. All of Judge Gigante's children participated in the program, Robbie (a law school senior), Giana, Chad and Christian. New York State Attorney General Eliot Spitzer performed the actual swearing in ceremony .Judge Gigante is presently assigned to the Supreme Court Kings County. More photos inside...

RICHMOND COUNTY BAR ASSOCIATION

SANGIORGIO HONORED BY TRIAL LAWYERS Honorable Louis Sangiorgio was honored at the annual dinner of the Staten Island Trial lawyers Association on November 10th at the Monte Bianco. Association Secretary Mario F. Mattei was chairman of the dinner. Judge Sangiorgio was elected to serve as president of the Staten Island Trial Lawyers President Board of Justices for William Frew Jr., introducing Judge Richmond County Sangiorgio. and is presently the supervising judge of the Supreme Court Richmond County. A Popular jurist, Judge Sangiorgio has been honored numerous times in the past by the various Bar Associations on Staten Island.

RICHMOND COUNTY BAR ASSOCIATION

ANNUAL MEETING

91ST ANNUAL BANQUET

June 6, 2000 Mandalay Caterers

May 18, 2000

NOMINATING COMMITTEE Members of the RCBA who are interested in

Excelsior Grand

applying for director (a term of three years) are

2380 Hylan Boulevard

invited to submit information, in confidence, to

Staten Island, New York

Marjorie Weinberg Rooney at P.O. box 140593, S.I., NY 10314

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

Marjorie Weinberg Rooney President

p. 2

FROM THE EDITOR: Yes Virginia, there was a long stretch between issues.

RCBA JOURNAL SPRING 2000

It is

said that the law is a jealous mistress, and its practice often

Alan D. Lasher - Publisher Robert Amoury- Amongst Ourselves

leaves little time for fun (like putting out an issue of the RCBA journal).

Raymond Liebman- Tax Planning Lance P. Armstrong- Elder Law

But we have been trying. I

made

arrangements

interview Eliot Spitzer, the NYS Attorney General.

to

I made

John G. O’Leaery- Personal Injury Lawyer Elisa Lefkowitz- Secretary

arrangements to interview Hillary Clinton. I made arrangements to interview Guy Molinari.

I am making arrangements to

interview Rudy Guiliani. However, scheduling being the problem that it often is, these interviews have not occurred, but I did prepare questions and faxed them out. Perhaps you can see the pattern? Lawyers who pursue political careers. The questions I am asking these politicians are when, why and how they decided to become lawyers, and about their involvement

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in their local bar association. Should make interesting reading. Perhaps it might make you think about why you became a lawyer. If that happens, fillout the questionnaire contained herein, and send it in and we will publish it. Perhaps next to Hillary's, Rudy's, Eliot’s,or Guy’s.. I also attempted to interview various administrative law judges of different agencies to no avail. Thanks to Kenneth Wolf (Corp Council) for his call to explain that it was because the City does not allow its employees to talk to the press without its permission. Special thanks to Matt Sciarrino,Jr., for updating the telephone list, and for creating its new format. So the rest of this edition is the usual nuts and bolts, my pontifications, some interesting, some helpful, and some useless information for your edification, your benefit, and your amusement. Enjoy.

Alan D. Lasher

THANK YOU My family and I wish to thank everyone for their prayers and good wishes during my recent surgeries. We were encouraged and heartened by the good wishes we received from Staten Island's legal community. The many cards, letters, phone calls, flowers, food baskets, donations to the National Kidney Foundation, and other gifts were so very thoughtful. Unfortunately, as you all know by now, the transplant surgery was unsuccessful - just a minor bump in the road. We can never adequately express our gratitude to Mario Mattei and his family for the incomparable generosity of his kidney donation. When you start off with the generosity of Mario, coupled with the support of my family, staff and medical people, those things help me in dealing with my situation. I feel great and expect to be back at my office real soon. I look forward to seeing you in my travels. Thanks again for your most genuine concern.

WILLIAM L. MURPHY p. 3

Announc e me nts MARK YOUR DIARY

JOIN THE RCBA If you know any attorneys who are not receiving this journal because they are not members of the RCBA- lend them yours and urge them to join. Call Elisa at the bar office (442-4500) for an application.

April 12

CLE Seminar- Speaker Hon. Joseph J. Maltese Topic: Expert Witness in Civil and Criminal Trials : Presenting Medical, Scientific, Technical and other

NEW MEMBERS The RCBA is pleased to welcome the following new members and student members:

specialized evidence

May 1

Law Day

Michael E. Benzi

Carole R. Larsen

18

RCBA ANNIVERSARY BANQUET AT

Allen P. Cappelli

John R. Merlino, Jr.

23

Arnold E. DiJoseph, III

Karen A. Pakstis

EXCELSIOR GRAND CLE Seminar- Speaker Raymond L. Liebman, Esq.

Angela C. Domanski

Joanne Olson

David J. Gold

Beth Ornstein

June 6

RCBA Annual Meeting, Election of Officers. Mandalay Caterers.

14

E-MAIL TO THE EDITOR Alan,

July 12

I just finished reading the fall Bar Association newsletter. Another great job as always. I will try to compile some funny

CLE Seminar on Guardianships

CLE Seminar- Speaker Vincent J. Gallo, Esq.

* CLE Seminars are held at Wagner College, Spiro Communications Center, Room 2, 6:00 pm

statements that clients make to their lawyers, similar to your "Actually said in Court" column. Examples:

ESQUIRE ?

"I want to sue my husband for a divorce based upon cruel and unusual treatment because we have irricontirveable differences. I no longer have any rappaport with my spouse. Is the money going to be held in escarole. Do I have to sign this before a notary republic? "

Why do lawyers often use the title "esquire" after their name?

For your listing my firm and I can be reached at [email protected]. Best regards and again thanks for another great issue.

Esquire was originally an English title, which placed the holder of it somewhere between a gentleman and a knight. It originated with the squire, the fellow who assisted a knight.

Bob Cohen

REGISTER YOUR DOMAIN NAME FOR LESS !

Those who hold jaundiced views of lawyers or who thought "esquire" identified a subscriber to a prominent American men's magazine may be shocked to learn it's a term of dignity.

In England, squire came to be a title accorded to a prominent local landowner, and esquire eventually was adopted as a bit of extra window dressing after the name of just about any professional person.

WWW.YOURNAME.COM

WELCOME JUDGE SMITH

RESERVE IT TODAY BY VISITING

The RCBA is pleased to welcome Justice Kathryn M. Smith.

www.jegraphic.com/register

Judge Smith is currently assigned to the Home Port and is handling Matrimonials.

p. 4

GIGANTE SWORN IN AS SUPREME COURT JUDGE

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SANGIORGIO HONORED BY TRIAL LAWYERS

THE MOVE TO 130 STUYVESANT PLACE CONTINUES The Civil Term of the Supreme Court Richmond County, Clerks Office moved into its new quarters at across the street to 130 Stuyvesant Place on the third. The physical move took place on a weekend, Friday running across the street, Monday in the new offices. All of the staff contributed their time to make the move and transition orderly. We had another opportunity to speak with Mario Esposito, our County Clerk, who gave us several hours of his valuable time to lead us on a tour of the new facility as well as some insight of what is to come. The Library will be moving by the time that this issue goes to press. Thereafter an official opening will be announced, along with a tour for the members of the RCBA vicariously through its editor. Thanks to John Quick, Jayne Coleman and Mario Esposito.

p. 6

130 STUYVESANT PLACE Basement Records, Storage, Vault for Ancient Documents and Sealed Files Naturalization and Citizenship Records Condominium Section

1st Floor Law and Equity Department, Records of the Supreme Court, Court Desk Business Certificates Deputy County Clerk Carol M. Fietkau Supreme Court Computers

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

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

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

5th Floor Not for Profit Groups

6th Floor Family Court and Tort Divisions of Corp Counsel Jay O’Donovan, City Councilman

8th & 9th Floors District Attorneys Office

120 Stuyvesant Place Division of Juries p. 7

RICHMOND COUNTY BAR ASSOCIATION HOLIDAY PARTY

p. 8

THE PERSONAL INJURY LAWYER By: John G. O’Leary, Esq.

REGULATION 68 NO-FAULT CHANGES

to make sure that your client’s medical providers and employers submit their

EFFECTIVE FEBRUARY 1, 2000 In November of 1999 the New York State Insurance Department ambushed the consumers of the State of New York by amending the existing no-fault regulations with a set of sweeping changes to the administration of no-fault claims almost all of which universally benefit the insurance industry to the detriment of consumers. The new no-fault regulations are effective February 1, 2000 and apply to insurance policies which are issued or renewed on or after February 1, 2000. However, it is recommended that we get used to complying with this regulation for any new case after February 1, 2000. As of February 1, 2000 we MUST be sure that our clients execute a complete no-fault application (NF-2) from within 30 days of accident. Unfortunately, insurance companies usually do not send the company’s no-fault application to our client or our office within the time period.

strongly recommended that you follow up

health service proof of claim and wage

Regardless, you shall be responsible for having your client file that application within the thirty (30) day period unless the client submits written proof providing clear and reasonable justification for failure to comply with such time limitations. It is strongly urged that all law offices keep generic no-fault applications on file to be executed by your client during your case intake. If you require a copy of a generic nofault application to be used with any insurance carrier, please call the Law Firm of O’Leary & McMahon at (718) 448-8400 for a copy. In addition, the new no-fault regulations require medical providers to submit their written proof of claim for health service expenses within forty five (45) days of the date of service as opposed to the former one hundred eighty (180) days. In addition, wage loss verification must also be submitted within forty five (45) days. It is

verification forms within the required forty five (45) days. Also, under the former regulations, insurance carriers were only permitted to demand examinations under oath (EUOs) under limited circumstances usually involving the suspicion of fraud. Those limitations have been completely removed from the amended regulations. The regulations now provide insurance carriers with essentially unharnessed authority to conduct EUOs limited solely by their own budgetary constraints. It is recommended that you review the nofault regulations thoroughly. Also, keep a journal of all insurance company practices which appear to be unfair business practices against your clients and file complaints with the New York State Insurance Department regarding those unfair and deceptive business practices.

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p. 9

NEW ACKNOWLEDGEMENT

BARBER POLL

The Real Property Law is amended by adding a new section 309-

Why does the barber's pole have red and white stripes?

a, which is effective September 1, 1999 and which reads as

Before the 1700s, in addition to cutting hair, barbers throughout Europe pulled teeth, performed minor surgery, and practiced bloodletting (ouch, and I don't even trust my barber to make my sideburns even).

follows: 309-a. Uniform forms of certificates of acknowledgment or proof The certificate of an acknowledgment, within the state, of a conveyance or other instrument in respect to real property situated in this state, by a person * must conform substantially with the following form, the blanks being properly filled: State of New York ) ) ss.:

On the - - - - -day of - - - - - - - - -in the year - - - - - - before me, the undersigned, a Notary Public in and for said State, personally appeared, - - - - - - - - - - - - - - - - -, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) , and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgment) *Per the Richmond County Clerk's office this form also applies to

p. 10

At the end of the operation the pole was wrapped in the white bandages used during the operation and put outside the shop to air. As a result, a red-and-white pole became associated with barbershops and barber guilds adopted it as their trademark.

NEW R.J.I.

County of - - - - - )

Corporate acknowledgments.

During bloodletting, patients squeezed a pole to allow their blood to flow more freely. The pole was often painted red to mask bloodstains.

Available at the Civil Term clerks office which is now located at 130 Stuyvesant Place, 3rd Floor.

LAST WILL AND TESTAMENT What's the difference between "will" and "testament" in "last will and testament?" Admit it: you've been hearing and saying this expression for years without knowing the difference between the two. In fact, these days they are seen by some as virtually synonymous. But it wasn't always so. Strictly speaking, will refers only to real estate. Heirs patiently listening to the disposition of dear departed Aunt Sadie's costume jewelry so they can find out who gets the condo in Miami Beach are familiar with the difference. Testament refers to personal property. Throughout history this has meant just about everything except real estate, from ships to TVs. My Star Trek lunchbox from the fifth grade is the personal property crown jewel of my estate.

WHY DID YOU BECOME AN ATTORNEY? These are the questions that were sent to Rudy, Hillary, Eliot, and Guy. (Becauase they are not actively in the practice of law, they were also asked questions regarding their license status, and CLE, etc.) Take a minute and fill out the questionnaire and we will publish some of the responses in whole or in part. Judges are invited. 1. When and why did you first decide that you wanted to be an Attorney? 2. Did you have any law related positions while in law school? 3. What was your first job out of law school? 4. What other positions have you held as an Attorney? 5. (Attorneys in firms or in government) Did you ever consider hanging a shingle? 6. What types of matters did you handle as an attorney? Did you do any Court work? 7. Were you a member of your local bar association? If so, were you active? 8. What other bar associations are you a member of? What other States? 9. Would you recommend the law profession to your child? Fax your answers to: 727-2976 or email to [email protected]

THE INTERNET Imagine someone absent-mindedly going to check their email one day, then suddenly realizing that it hadn't yet been invented. Actually it would have been more appropriate if this mythical person had wanted to download Quake or Doom, because it was the U.S. Department of Defense that first ventured into cyberspace. It began in 1969 with ARPAnet, a small, restricted computer network that allowed scientists doing Pentagon research to communicate. In the early 80's military research was shifted to another network and the National Science Foundation took over the old ARPA technology and opened it to the public. At first, only the techies showed up on line. Gradually schools connected. Then, as PC's proliferated, public online services such as CompuServe were started. The point and click Web, with graphics, arrived in the early 90s. And, of course, it all culminated with MailBits.com. Now that's progress.

RCBA STANDING COMMITTEES CHAIRPERSONS & AD HOC COMMITTEE CHAIRPERSONS Administrative Ct. Committee-Kevin Elford Admissions Committee- Albert P. DeLillo Appellate Div. Committee- John Z. Marangos Bench & Bar Softball ClassicJames H. Birch James P. Braisted, Jr. Jonathan Poznansky Building Committee-Mark S. Piazza By-Laws Committee-Wayne M. Ozzi Budget Committee-James H. Birch Capital Punishment Committee-Felix Gilroy Capital Planning/New CharterAnthony I. Galante Civil Court Committee- Mark S. Piazza CLE- John P. Connors, Jr. County Clerk Committee -Anthony P. Barone Ct. Reform and Expansion-Joseph E. Magnotti Criminal Ct. Committee-Theodore J.G. Cotter Dinner Dance Committee- Andrea Morse Education Committee- John P. Connors, Jr.

Federal Court Committee- Patrick C. Gatins Fee Arbitration Committee-Neil McBrien Golf & Tennis OutingJack Stern, Jay S. Duskin, James H. Birch Grievance Committee- Richard Corash Guidelines for Indigent Defend. Theodore J.G. Cotter Historical Committee- Costa N. Tesnakis Holiday Party CommitteeJames H. Birch, Johnathan Poznansky, Mark S. Piazza Insurance CommitteeDavid G. Ironman, David W. Lehr Judiciary Committee- Peter J. Napolitano Law Day Committee- Anthony A. Bisignano Lawyer Helping Lawyer Comm. -Paul Scano Legal-Medical Committee- Myron G. Lasser Legal Technology CommitteeJack Stern, James E. Sak Legislation CommitteeMyron G. Lasser, Peter J. Napolitano Matrimonial Committee- William J. Frew, Jr. Membership CommitteeMichael M. Walsh, George A. Sieghardt NYS Bar Delegates Committee Andrea Morse,Toni Ann Barone,Kim Dollard Negligence Section Comm.-Myron G. Lasser Network of Bar Leaders- Daniel Marotta Newsletter Committee- Alan D. Lasher Professional Ethics Committee-Wayne M. Ozzi Real Estate Section CommitteeThomas J. Hall, R. Randy Lee Referral Committee- Grace V. Mattei Remembrance Committee- Robert J. Amoury Supreme Ct. Civil CommitteeMyron G. Lasser, Duane Felton Surrogate's Ct. Committee- John Peter Sipp Tax Committee- Raymond L. Liebman Unlawful Practice Comm.- Thomas J. DeVito Voluntary Pro Bono Comm.- David W. Lehr Young Lawyers SectionToni Ann Barone, Daniel Marotta All members are invited to contact the Chair of any committee they wish to join.

p. 11

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ELDER LAW By: Lance P. Armstrong, Esq. The January/February, 2000 issue

MEDICAID, SPOUSAL REFUSAL AND MEDICAID LAWSUITS

published by the malpractice insurance

AGAINST THE COMMUNITY SPOUSE WITH EXCESS RESOURCES

company, Bertholon-Rowland Corp.,

FOR RECOVERY BY MEDICAID OF THE COST OF CARE OF THE

contained a "Liability Update" entitled

INSTITUIONALIZED OR HOME CARE SPOUSE

"Elder Law Pitfalls for the General

Social Services Law section 366c(5)(b) provides that an institutionalized spouse shall not be ineligible for medical assistance by reason of excess resources ($81,960 1999 resource limit) held by the community spouse. Eligibility is contingent upon the institutionalized spouse executing an assignment of support from the community spouse in favor of DSS (New York State Department of Social Services). Hence, DSS may commence an action against the community spouse to recover the cost of skilled nursing home or home care if the community spouse resource limit exceeds $81,960 (1999). This action by DSS is based upon the assignment and/or upon Social Services Law section 366(3)(a) which provides for the creation of an implied contract between DSS and the responsible person, usually a spouse, for payment of the cost of medical assistance for skilled nursing or home care for the institutionalized spouse.

Practitioner". The article is intended as a "heads up" to the practitioner not involved in elder law who is likely to encounter some elder law problems. I recommend all non-elder law practitioners to read this article as it provides an excellent guide to developing your own rules and procedures to avoid claims and, at the same time, provide your clients with the opportunity to retain elder law counsel to obtain dramatic asset protection even after nursing home residence has commenced. In the last issue of the Richmond County Bar Journal, the Elder Law Committee published an article for the tort bar concerning the treatment of settlements and the effect of Medicaid liens.

That article dealt with the

holding of Cricchio v. Pennisi, 90 N.Y. 2d 296, 305 , 660 N.Y.S. 2d 679 , and the requirement that Medicaid liens be paid first before the establishment of Special Needs Trusts. In this issue of the RCB Journal, the article is intended for the matrimonial bar whose clients may be confronted with Department of Social Services actions to recover the cost of an institutionalized spouse's nursing home or home care costs.

Elder law attorneys generally recommend and advise community spouses with excess income and/or resources to have the institutionalized or the home care spouse apply for Medicaid for many strategic reasons, not the least of which is that the medicaid rate paid to nursing homes and home care agencies is significantly less than the private pay rate. The community spouse, if sued and

required to pay, effectively receives a significant discount from the private pay nursing home or home care rate. The leading cases dealing with this strategy are Commissioner of the Dept. of Social Services of New York v. Fishman, N.Y.L.J., July 23, 1998, p.22, col.3; In re Craig, 82 N.Y.2d 388, 504 N.Y.S.2d 908, 624 N.E.2d 1003 (1993); Steuben County Dept. of Social Services v. Deats, 76 N.Y.2d 451 (1990); Dept. of Social Services of New York v. Spellman, 672 N.Y.S.2d 298 (1st Dept. 1998) which provide the successful defenses that may be raised against the lawsuit by DSS.

Craig

stands for the defense that if the responsible relative lacked sufficient income and resources at the time Medicaid services were provided, no implied contract is created (also see Steuben County Dept. of Social Services v. Deats 76 N.Y.2d 451 (1990)). The Spellman case found in favor of DSS, holding that for purposes of recovery there was an implied contract which applied retroactivity to Medicaid approval. The Fishman case was a procedural case holding that "sufficient ability" with regard to excess income or resources of the community spouse must be alleged in the complaint as a condition precedent to the community spouse's obligation to reimburse DSS.

p. 13

R C BA ME MB E R S

p. 14

Abbondante, Karen Adams, Seymour Adler, Michael Ajello, Michael Amabile & Erman Ameduri, Anthony Amoury, Robert Amtzis, Michael Angiuli, Poznansky Applebaum, Stanley Armstrong, Lance Asher, Roberta

447-7398 987-1622 356-2379 338-8344 370-3656 273-5219 442-1188 983-7078 727-5835 981-7388 979-9400 720-1921

DiVerniere & Cotter Dollard, James A. Donlon, James Donahue, Robert Duskin & Crowe Ducey, Marylou

667-9413 983-7899 273-2777 442-4988 727-2976 273-4847

Eckhardt, Nancy J. Elford, Kevin M. Ellis, Jerome O. Emmer, Marvin Esrick, Edward

390-8110 667-8187 987-1622 761-0094 667-4049

Bacigalupo, Lisa Barone, Anthony Barone, Toni Ann Bartolone, Diane A. Baum, Jay Behrins, Bruce Bello, Thomas Berk, Marc, A. Bernstein, Howard Bernstein, Melvin Birch, James H. Birch, Jerome S. Birmingham, Richard Bosco, Bisignano Braisted & Braisted Bramwell, George Y.

981-6928 980-2098 980-2098 981-3273 667-7128 816-5483 981-9588 983-6366 981-4666 273-1019 442-1114 442-1114 948-4529 273-3388 720-6033 212/670-4558

Faljean, Gregory Fastman, Lainie Felig, Norman Felton, Duane File, Howard Finkelstein, Steven Fiore, Marguerite A. Fitzpatrick, Philip Fonte, Mark J.. Forster, Paul S. Frew, William J. Friscia, John S. Fusco, John A.

351-7437 273-3090 981-5147 273-7546 494-1776 273-0132 698-2203 273-0874 448-8685 987-2547 727-8985 273-5219 816-8037

Cafaro, Ralph P. Casella, Ralph Chelli & Bush Clark, Christine Codd, William C. Cognetta, Carmen J. Cohen, Orin Colonna, Maria Columbo, James Connors & Connors Corash & Hollender Corbo, Diane Coscia, John B. Cotter, Theodore Crawford, Barbara Crismali, Vincent

981-7106 987-3662 667-8187 967-8364 935-5778 816-5483 727-2976 556-0333 273-9526 442-1717 273-4847 987-7787 273-1850 667-9413 727-6721 852-8365

Gaffney, Michael J. Gaines, Alan Gaines, Spencer Galante, Anthony Gallo, Stephen A. Gallo, Vincent J. Garpestad, Christopher Giacalone, Joseph F. Giacobbe, Anthony Gigante, Robert Ginsberg, Gaines Giventer, Barnet E. Goldfarb, Randy Gotlin, Jennifer A. Grae & Rybicki Granite, Theresa Gyimesi, Aladar

273-0132 494-4192 494-4192 273-5219 442-5088 273-3101 761-6581 317-7495 273-3134 494-8834 494-4192 727-6721 273-3301 983-6958 981-6928 698-0325 667-8187

D’Agostino, Jonathan Dalton, John M. Daly, John R. Danna, Anthony Deboissiere, Robert Decker, Arthur DeLillo, Albert Delman, Norman DeRogatis, R. Dertinger, William DeSantis, Carmine DeVito, Thomas Diamond, Louis DiMauro, Michael A. District Attorney

967-8677 876-6910 720-5217 448-6820 720-3021 351-3514 987-7830 448-3751 816-8420 815-2897 351-4933 370-7394 876-0836 351-7754 981-5893

Hall & Hall 1st Flr. (Bkpg/Adm.) 2nd Flr. (R.E./Bank) 3rd Flr. (Lit./Est.) Closings (Michelle Russo) Helbock, Robert J. Henderson, Ann Marie Howard, Steven P.

273-3090 815-3828 273-3090 876-0867 447-3438 816-0718 226-8692 720-2116

Jacobi, Sieghardt Johnson & Langworthy

442-3148 351-7949

Klapper & Klapper P.C. Kraut, Lisa Kramsky, Les R. Kress, Robert Kuhn & O’Toole Kyle, Thomas

442-5088 981-6928 356-5279 317-8668 720-2116 983-5088

FA X L IS T Lahr, Dillon,Manzulli & Kelley & Pennett Langworthy, Leslie Lasher, Alan Lasser, Myron Lederman, Phyllis Lee & Amtzis Leininger, William Lemole, Paul Lenza, Valerie Liebman,Raymond Leventhal, Jason R. Long, Steven

981-6778

Magnotti, Joseph Manno, Joseph D. Marangos, John Marino, Michael D. Marotta, Daniel C. Marrazzo & Dollard Mascolo, Anthony Materna, Joseph A. Mattei, Grace V. Mazzucco, Ronald McKernan, Kevin McLoughlin, Rory Menicucci Castellano Meyers, Jay Miller, Claire Cody Miller, Gary Miller, Joseph Molinari & Taubman Morelli, Janice Morse, Norman Murphy, John M. Jr.

816-8699 816-8699 442-1741 981-7388 522-5477 983-7899 273-3388 317-7440 983-7899 981-7388 980-0694 273-0132 667-0700 727-2976 815-2003 983-7078 351-9071 987-0742 273-1850 442-2781 448-8685

Nalley, Christopher Napolitano, Peter J. Nerlino, Gambale & Klapper Nichas, Patrice G.

816-7669 816-8699 442-4988 981-6482

O’Donovan, Timothy, M. O’Leary, John G. Odowd, John, M. Jr. O’Neill, Stern O’Shea, Joseph Otterbeck, Harold J.

556-0333 448-8448 273-0132 448-4509 876-0841 967-9374

Pappas, Andrew Passarello & LaRosa Perniciaro & Lambert Peterson, Dennis J. Pezzoli, Raymond Piazza, Mark S. Pinzolo, Joseph E. Pocchia, Anthony Porzio, Ralph J. Powell, Steven E.

351-4933 667-8936 667-0798 448-8685 876-0841 442-3148 448-4207 447-8299 273-0132 983-7446

Rampulla, Lawrence Rampulla, Robert RCBA Richards, Kurt T. Rocque, Bethany Rohls, Alfred F. Romagnolo, Joseph Rooney, Kathryn Rooney, Marjorie W. Rudich, Yolanda L. Russo, Fusco et al

761-3510 668-0051 727-2976 720-1003 (908) 679-0156 727-0320 605-2200 979-6940 273-3134 448-5784 816-8037

351-7949 504-3515 727-9837 948-0534 983-7078 667-7128 720-1882 761-3510 987-5046 448-8685 273-0132

Sacco, George F. Sak, James Scamardella, Robert Scano, Paul Schnorbus, Walter Sciacca, John Scoller, Marc Scotto, Buchansky-Francesco Seigel, Martin Sgarlato, Richard Sharfstein, Calmin Sieghardt, George Simonson & Cohen Sipp, J. Peter Siracuse, George Soos, Robert Spillane, Eugene Stern, Jack Stilwell, Rodney Swaaley, Michael

420-9030 668-0051 816-8037 983-5088 987-1622 979-7106 720-5153 668-2457 727-6837 273-9629 987-1622 442-3148 356-2379 273-6009 273-5219 420-1908 448-8396 448-4509 442-0552 966-0667

Tamarin, Lloyd Tamarin, Robert Tavolacci, Carl E. Thompson, Lloyd D. Titone, Matthew J. Tobin, William Tomei, Jeffrey Tropp, Charles Tremer & Tremer Turvey, John J.

983-6366 698-7849 667-5566 447-7250 420-9030 448-8396 815-1872 442-0923 317-8550 448-3863

Valentin, Jay

982-7758

Wagner, Edward Walsh & Keegan, Esqs. Walsh, Michael Ward, Thomas F. Weiss, Alexander Werb, Lewis Wierzbowski, Anthony E. Wynne, John H.

667-3338 816-6137 987-3929 981-1475 981-7388 442-0406 698-2203 816-6137

Zaccone, John Zazzera, Kevin

351-4545 351-4933

Dated: April 2000

Please Submit additions and/or Corrections to: 442-4500 Fax: 727-2976 Email: [email protected] p. 15

AMONGST OURSELVES By: Robert J. Amoury, Esq. • Congratulations to Mr. & Mrs. Robert Minogue on the birth of their grandson. • Congratulations to Andrew McGee for his award given by the Staten Island Botanical Garden. • Congratulations to Jerry Neuberger on receiving an award from Temple Emanuel. • Congratulations to Surrogate and Mrs. John Fusco on the wedding of their daughter. • Congratulations to Mr. & Mrs. Bernard Savage on their 50th Wedding Anniversary. • Congratulations to William J. Frew, Jr., a long-time member of the Richmond County Bar Association, who received the Paul Harris Award from Rotary for distinguished service to the community -- we are very proud of him. • Heartiest congratulations to Norma D'Arrigo and Rodney Stilwell for their awards from the YMCA at their recognition dinner. • Congratulations to Eric and Helen Vitaliano on their newest addition to their family. • Congratulations to Thomas Sipp on his marriage to Anastasia. • Condolences to Michael J. Gaffney on the loss of his beloved father, Donald Gaffney. • We're sorry to learn of the passing of a very gracious lady, Alice D'Iorio, who was a fine person. • Condolences to Orin J. Cohen on the loss of his beloved father, Irving Cohen. • Condolences to Hon. Howard A. Ruditzky on the loss of his beloved mother, Jeannette Ruditzky.

RICHMOND COUNTY SAVINGS BANK and

The Richmond County Bar Association

Partners in our Community’s Progress p. 16

Richmond County Bar Association 91st Annual Banquet May 18, 2000

Excelsior Grand 2380 Hylan Boulevard Staten Island, New York

Honoree of the year... NYS Supreme Court Justice, and former President of the RCBA

PHILIP G. MINARDO Dinner Speaker The Honorable Joseph W. Bellacosa, Associate Judge of the Court of Appeals - CHAIRPERSONS Jonathan B. Behrins • Andrea S. Morse

For further information please contact the Bar Office:

442-4500 p. 17

TO THE EDITOR Alan D. Lasher Editor Richmond County Bar Association Bulletin Dear Mr. Lasher, I have enclosed copies of a letter sent to the editor of the Staten Island Advance and the January 9th editorial to which it responded. Since I have serious doubts about the Advance printing the letter, perhaps the Bar Association will reprint the editorial and the letter. Very truly yours,

Bruce G. Behrins

STATEN ISLAND ADVANCE : JANUARY 9, 2000

OUR OPINION

What were they thinking?

T

he disclosure that District Attorney William Murphy and chief Assistant District Attorney David Lehr wrote letters appealing for mercy on behalf of a couple of highpowered attorneys convicted on fraud and conspiracy charges surely falls under the heading of "What were they thinking?" The prosecutors sent their letters on official stationary last fall to Judge Carol Amon, who, on Thursday, sentenced Fredric Grae and Thomas Rybicki, partners in the Castleton Corners law firm, each to a year, and a day in jail with $20,000 fines apiece. Their firm, Grae & Rybicki, was fined $80,000. The attorneys are appealing the convictions and insist they will be vindicated. They originally faced sentences of 21 to 27 months in federal prison and significantly higher fines, until the judge discounted some evidence of bribes. Even with that, however, the maximum sentence could have been as high as 15 to 21 months with fines ranging up to $96,000. Judge Amon reduced the sentences, over the strong objection of federal prosecutors, citing the attorneys' respective personal hardships and past community contributions and noting that Messrs. Grae and Rybicki "are not bad people." It's not clear that the highly irregular appeals for mercy from Mr. Murphy and Mr. Lehr influenced the sentencing. What is clear, however, is that those appeals should never have been made. They wrote their unusual letters to Judge Amon on official district attorney's office letterhead, but labeled their missives "personal and confidential." Mr. Murphy's letter said, "my friend, Fredric Grae… is fundamentally a good person." The district attorney cited Mr. Grae's offer of comfort and legal advice when Mr. Murphy's mother-in-law died and noted "this letter was not solicited from Mr. Grae nor anyone representing him." Mr. Lehr wrote separate appeals on behalf of both partners, attesting to each man's character and conscientiousness. In the letter for Mr. Grae, Mr. Lehr said that he and the attorney became "jogging buddies" and that "Fred was there for me" during a

p. 18

personal crisis. When the letters were made public, both Mr. Murphy and Mr. Lehr took pains to downplay the missives' significance and the effectiveness of this attempt to persuade the judge to be lenient. The question , then, is why they would do it at all, especially considering their positions. We're sure their professions of friendship for the convicted attorneys were heartfelt and perhaps, in a certain light, the prosecutors' loyalty could be viewed as admirable. But there is another perception that is far more troubling - that of a tight fraternity in Staten Island's legal community of prosecutors, attorneys and judges who are paid well and entrusted to represent different interests in court. Such professions of friendship and extraordinary testimonials by public prosecutors on behalf of attorneys in private practice suggest that the adversarial roles of these sworn officers of the court are more poses than anyone wants to believe. The professional distance and objectivity expected of these officials seems to have been deemed not worth even affecting in this instance because "fraternity brothers" were in trouble. We understand that on Staten Island, as in many, many other cities and towns across the nation, the officials and attorneys who work in the courts every day come to be together in a fairly close-knit community. But as one prominent Islander who knows all the parties involved said of this case, "This goes beyond the pale." The human impulse on the part of Mr. Murphy and Mr. Lehr to do something on behalf of their friends is natural and understandable. But the responsibility to at least maintain the appearance of professional objectivity should have come first. They should have simply expressed that ethical dilemma to Mr. Grae and Mr. Rybicki, with their regrets, and left it at that, in the knowledge that prosecutors actually writing letters on behalf of convicted parties to influence a sentencing judge would be inappropriate and unseemly.

p. 19

- TA X P L A N N I N G -

S.I.B.O.R.

By: Raymond L. Liebman, Esq., C.P.A.

By: Thomas Maira

THE REQUIREMENTS OF

a taxpayer is negligent or disregards rules or

PROPERTY INCOME AND

regulations. As the taxpayers in this case

DEDUCTIONS FOR

were attorneys, the Court said that their failure to know the precedent was failure to

PERSONAL INJURY

do what a reasonable person would do,

ATTORNEYS

negligent and a disregard of rules and

In prior articles I have written about the

regulations. The Courts decision to uphold

problems that personal injury attorneys have when they advance their clients expenses and obtain reimbursement after the case settles or after a judgment is rendered. To review: the Internal Revenue Service has taken the position and has been upheld by the Tax Court, that attorneys who represent clients in personal injury matters must account on a completed contract method and that advances (expenses for the case) cannot be deducted until the case settles and at that time must be offset against income received or reimbursements or take as a loss.

the penalty reinforces the conclusion that

In Pelton and Gunther, P.C. v Commissioner; TC Memo 1999-339 a professional legal corporation that specializes in defending personal lawsuits received a $400 advance from insurance companies for every case in which they defended policyholders. As Pelton & Gunther performed services, the firm paid various expenses including filing fees, witness fees and deposition expenses. The expenses often exceeded the $400 retainer after a case was resolved, Pelton & Gunther billed the insurance company for services rendered at an agreed fixed hourly rate and for the expenditures. It was Pelton and Gunther's practice to deduct expenditures when paid and to report income when it received retainers or settlements. The Internal Revenue Service denied the expenditure deductions.

her grandchildren's tuition at a private

The Tax Court held that based upon precedent, the expenditures were advances and not deductible at that time. The Court upheld the imposition of an accuracy related penalty under Internal Revenue Code Section 6662. The penalty applies if

p. 20

negligence is determined based on a specific taxpayer; a personal injury law firm is required to know the accounting methods required for reporting income and expenses for their type of business. GIFT TAX ON TUITION TRANSFERS Internal Revenue Code Section 2503(e) states that transfers directly to educational institutions in payment of another person's tuition are not subject to gift taxes. In a recent revenue ruling PLR19994/1013 - a taxpayer pre-paid more than $163,000.00 of school.

The IRS ruled that the tuition

payments were gift-tax-free because the payments were paid directly to the institutions for specified students in designated years and were non-refundable. PLEASE KEEP THE DATE OPEN MAY 23, 2000 I will be holding a seminar at the Spiro Center, Wagner College on Income Tax Aspects of Real Estate Transactions. The seminar will have an in depth review of Tax Free Exchanges under IRC Section 1031.

Other topics will be:

Income

taxation on repossessions and foreclosures and bankruptcy reporting requirements and income taxation of capital gains on sale of investment properties, exclusion rule for personal residences and capital gain on two family homes, passive loss offsets against current

gain

income,

depreciation

recaptured. Installment sales and home office rules.

It is my pleasure to state that I am now the immediate past President of the Staten Island Board of Realtors (S.I.B.O.R.). It has been an honor to serve S.I.B.O.R. and our Real Estate Community. For your information the newly elected President is Hank Setaro and the President elect is Sophia Gibaldi with Rachel Gannon Vice President of Public Relations and Member services. We are also proud to announce that our own George K. Wonica is the current President of New York State Board of Realtors. S.I.B.O.R. Economic Development Committee, which is a group formed by S.I.B.O.R., who are volunteers trying to make Staten Island a better place to live and work. I would like to extend my hand out to the Bar Association membership asking if anyone would like to join us in a joint venture to improve our quality of life on staten Island. The Building Industry Association of N.Y. City (BIANYC) through our Constructed Industry United (CIU), has recently been victorious in our ongoing court battle with the City of New york regarding the school seat certification issue, and as of this writing, the city has approximately six more days to appeal the court’s decision. Once again it proves that you can fight city hall and win. On another note, it is my opinion that the current Real Estate Market will continue to be positive and should be fine unless Mr. Greenspan forces the interest rate past 9% to curtail inflation. I wish you all a prosperous year!

JEWISH LAWYERS LUNCHEON CLUB

FOR YOUR HEALTH AB-SOLUTELY UNTRUE: If it seems like every other product on the market today begins with 'Ab' (as in the Ab-dominizer, Abs of Steel, Ab-Master, etc.) yes, you may be watching too much television. But are you imagining things? Abs-olutely not. Are these marketing gimmicks essential in grinding up an impressive midsection six-pack? Absolutely not. In fact, the myth that abdominal muscles must be attacked with hundreds of crunches everyday is just that - a myth.

Third Tuesday of the month at Dairy Palace. For more information call: Richard Rosenzweig, Esq. 447-8700

MARY HAD A LITTLE LAMB Who wrote "Mary Had a Little Lamb?"

While many successful bodybuilders work the tummy only a couple of times a week, heavyweight champion Evander

Most nursery rhymes in the English-speaking world

Holyfield maintains his sheet of iron with just - get this - 25

originated in Britain before 1800 and are anonymous.

crunches a day.

"London Bridge is falling down," for example, comes from

The big key to a lean stomach, say many, actually has little do

the Middle Ages. Not so for "Mary Had a Little Lamb,"

with any abdominal exercises whatsoever. The secret? Rigorous

which was written in the United States in 1830.

cardio and a healthy diet. ....to be continued

RCBA MEMBERS E-MAIL DIRECTORY

The author, Sarah Josepha Hale, published it in "Juvenile Miscellany," a children's magazine she edited. Hale based it on the true story of a pet lamb that followed its owner to school. Thomas Edison made the verse the first words ever

As we progress in the world of high tech electronics, and the internet, the RCBA will begin to collect and publish

recorded when he spoke them into his new invention, the

email addresses to make communications easier and

phonograph, in 1877.

cheaper and together we can enter Y2K.

As if these accomplishments were not enough, Hale, who also edited "Ladies Magazine," finally saw her decades-

Journal Committee- [email protected] Lasher & Lasher- [email protected]

long editorial campaign for a national Thanksgiving holiday bear fruit when Abraham Lincoln officially proclaimed it in 1863.

The Sipp Law Firm- [email protected] Jay Meyers- [email protected]

We’re Online...

Mathew Sciarrino- [email protected] , [email protected] Robert Cohen- [email protected] Anthony E. Wierzbowski- [email protected]

VISIT OUR WEBSITE AT

Marguerite A. Fiore- [email protected] Note...Court system staff email addresses are their first

http://www.RichmondCountyBar.org

initial plus first 7 letters of last [email protected]

p. 21

p. 22

RICHMOND COUNTY COURTS: TELEPHONE LISTING

p. 23

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

Per Issue Rates: Full Page- $ 150.00 1/2 Page- $ 87.50 1/4 Page 50.00

Four Issue Subscription Rates: Full Page- $ 500.00 1/2 Page- $ 300 1/4 Page- $ 175.00 Our Graphic Designer can create your ad for an additional fee.

For Additional Info Call:

442-4500

BAC KO F F I CE

SOLUTI ONS

( 7 1 8 ) 9 6 7 - 1 6 6 4 WE DO THE WORK THAT YOU JUST CANT SEEM TO GET TO!!! REAL ESTATE

PREPARATION OF ALL FORMS “FOR THE ATTORNEY”

CONTRACTS OF SALE

IN CONNECTION WITH ALL PHASES OF:

DEED PACKAGES MORTGAGES

LANDLORD/TENANT

PROMISSORY NOTES

3-DAY NOTICE

SATISFACTIONS OF MORTGAGE

30-DAY NOTICE

OWNER’S ESTOPPEL CERTIFICATE CONSOLIDATION & EXTENSION AGREEMENT EASEMENTS RELEASE OF PART OF THE MORTGAGED PREMISES COLLATERAL SECURITY MORTGAGE HELP IN CLEARING EXCEPTIONS TO TITLE

PETITION FOR NON-PAYMENT HOLD OVER PETITIONS

SECRETARIAL DICTAPHONE ORGANIZE BILLING BOOKKEEPING NOTARY PUBLIC

COMPUTERS & SOFTWARE SYSTEM SETUP SOFTWARE INSTALLATION

IF IT’S NOT LISTED JUST GIVE US A CALL

DESKTOP PUBLISHING WINDOWS WORDPERFECT/ MS WORD

p. 24

OVER 25 YEARS OF LEGAL SECRETARIAL EXPERIENCE

ESTATES PETITION FOR PROBATE

N.Y.S. INHERITANCE TAX FORM ET-90 FEDERAL INHERITANCE TAX FORM 706 FORMAL ESTATE ACCOUNTING FINAL ESTATE ACCOUNTING

CORPORATIONS PREP. OF CORPORATE KIT PREP. OF SHAREHOLDERS AGREEMENT PREP. OF CORPORATE MINUTES

WILLS LAST WILL & TESTAMENT HEALTH CARE PROXY LIVING WILL TRUSTS

BUSINESS PREPARATION OF CONTRACT OF SALE PREPARATION OF PARTNERSHIP AGREEMENT

RCBA CLASSIFIEDS OFFICE SPACE AVAILABLE FOREST AVENUE- Law Building for rent. Five offices, waiting area, parking lot. 387 Forest Avenue. Tom Bello, 981-9191. NEW DORP PLAZA: Suite of Space; 3 Private offices, 1 Utility Room or office, Conference Room, Staff Room. 667-4545. Blessed Sacrament Area - West Brighton, Corner of Clove Road and Delafield Ave. - one block North of Forest Ave.; 9000 Square feet sub-dividable. 667-4545. Professional Office Space Available - Newly renovated Office Building - Location: (North Shore) 404 Manor Road, Inquire: (718) 720-4943. Office Space available in fully furnished law office. The office is located on Victory Boulevard and is street level. Please contact the Law Offices of Louis Grandelli at 935-1500. New Dorp Plaza - Must see. Corner of New Dorp Lane - parking; excellent; 3-4 lawyers. 667-4545. Clove Road and Delafield Ave. - Corner - 9000 square feet; subdividable; parking. 667-4545. FOR RENT: Staten Island - Elegant space in excellent New Dorp location. Approximately 1,000 sq. ft. Perfect for professional seeking primary or second office on prime South Shore. 718-3515353. FOR RENT: WESTERLEIGH - 128 Watchogue Road - 700 sq. feet; basement storage; $900 per month plus utilities; can subdivide. Contact Veera Konka at 979-1646. Looking for someone who'd like to rent space with full use of library and conference room included. Chance of sharing caseload. Contact Walter Schnorbus at 667-6300. New or young attorney- office space, all amenities - spin-off rent $600 per month. Call: (718) 448-2448. FOR RENT: Executive Office, furnished, use of conference room and amenities available. Attorney atmosphere. Phone: 668-0445 for details. Dongan Hills, 1281 Richmond Rd. (Near Old Town Road) Two offices - 14 x 14 and 10 x 10 including all amenities. Two conference rooms included. Contact: Michael Walsh or Mark Villa 351-7900. Space for services - 1 room, all utilities and conference room. 805 Castleton Avenue Contact: Duane C. Felton - 273-9600. Newly renovated office building - 711 Forest Avenue Great location - Three offices available. Includes all services and conference room. Contact Marta Domenech at 720-1500. FOR SALE: Tottenville - Amboy Road - C1 Zone 4 bedroom Colonial - detached - 3 Floors and basement - Front and rear staircase - parking lot - 2 driveways. C1 Zone can also be used for commercial use. $239,000. Call (718) 984-1222. Attractive - comfortable law offices available in St. George, with extensive library and other facilities. $800; $600. Please call 442-6262. FOREST AVENUE - Great Location; parking and bus access; entire 2nd floor and can subdivide; newly renovated. Call 442-8813. Space Available - New Dorp. Contact Tony Finn at 351-1900. Attractive Office Space available: Law library, receptionist. Elevator building, St. George. Modern, reasonable - 442-6262. SUNNYSIDE - 1444 Clove Road. Approximately 1,000 sq. ft. office in commercial building. Call (718) 273-7900. ST. MARKS PLACE - "4 Sale" 9 Room House facing municipal parking lot. 718-273-7692.

NEW DORP: Two office available in an attractive suite occupied by an established general practice firm. Rent both for $1200/mo. Includes use of library/conference room and waiting room/reception area. Call 667-5000. NEW DORP PLAZA Two separate professional suites. Will renovate. Contact Anthony Barone at 351-1600. ST. GEORGE - 30 Bay Street Harbor view office in suite with two other lawyers. Will consider sharing existing secretary/equipment or provide your own. Conference room. Call (718) 981-3100. DONGAN HILLS - Office for rent in newly renovated suite amenities include receptionist to answer calls. If interested please call (718) 351-3748. Exclusive Modern office building centrally located, professional elegant suite beautifully decorated, with large reception area and conference room. Call 9-5 P.M. - 698-2800. Very active law office building - Conference Room, receptionist, library. Tel. #: 667-9090. Enlarged bungalow for sale - Huguenot area, walking distance to Wolfe's Pond Park, prime location - refurbished - 50 x 50 - $138,500 - one bedroom - carport - call Steve 227-5748. Law Center has office spaces available for attorney who does not want a large overhead. Rent includes all amenities including library, conference room and copier. Call Walter Schnorbus at 667-6300. Office Space for rent in private law firm, Dongan Hills area. Includes use of conference room, all equipment and utilities. Call 351-3748. SPACE FOR RENT - between New Dorp Lane and Rose Avenue opposite Train Station - 2300 sq. ft. street level. Mezzanine - 600 sq. ft. and presently equipped with five (5) desks with extension arms and fax and copy machines. Cost $18.00 per sq. ft. - Triple Net Lease. Telephone #: (718) 351-4351 evenings after 6 p.m. MEIERS CORNERS - Executive Offices in Professional Building; amenities include: Conference Room, Library, Central Air, Fax Machine, Copy Machine and Utilities Included. Centrally located in Meiers Corners near the Staten Island Expressway. Starting at $500.00. Call 718-698-6400. Office space available - prime location; all amenities. Call (718) 273-8000. Law office available - Forest Avenue - Opposite Staaten Restaurant - large private office, secretarial & conference space; receptionist; ample parking. Call 816-0700. Space for rent - between New Dorp Lane and Rose Avenue opposite Train Station - 2600 sq. ft. - 1st Floor - 625 sq. ft. Mezzanine. Both floors have 1/2 Bath each. Full basement 2600 sq. ft. New heating and air conditioning units. Telephone after 6 p.m. in evening: 718351-4351. EDGEWATER PLAZA - Law offices available with Conference Room, Library (WEST CD Rom), Telephone, Fax, Copier, Kitchen, Gate Security, Parking, and Secretarial Stations - Call Bil O'Halloran at 273-7799. Office space available - Corner of Richmond Avenue and Hylan Blvd. in a newly constructed. Available space from 900 square feet to desk space. Call Joseph Romagnolo at 718-605-6000. Professional Space for Rent. 1000 and 2000 SF storefronts on Richmond Rd in Dongan Hills. High visability area. Attorney would be perfect compliment to existing tenants (Accountant, Mortgage Broker, and Insurance Agent). Parking in rear. Offered at $186 SF. Call owner direct at 556-2306.

p. 25

RCBA CLASSIFIEDS SERVICES FOR MEMBERS Appellate Practice: Ormond Smith: 447-0090. Laurel Wedinger: 667-6818 Bankruptcy: Orlando Marrazzo Jr.: T: 983-8000 / F:983-7899. Robert Bressler: 448-9500. Jay Meyers: T: 273-2525 / F: 727-2976 Civil Court Appearances: Grace Acquafredda: 816-4979 Condominium/ Community Association Law: Ronald J. Mazzucco: 816-0700. Lee & Amtzis, LLP: 983-8800. Copyrights and Trademarks: Dowd and Marotta- 727-4300 Court Appearances: Andrew Pappas: 987-5100 EBT’s: Andrew Pappas: 987-5100 Elder Law: Anthony S. Danna: 273-0300 Grievance Committee Defense: Simonson & Cohen PC: 948-2100. Immigration: Jules E. Coven: T: 212-687-3541 / F: 212-6978717 Intellectual Law: Alfred Rohls: 815-3270. Internet Services (Site Development & Hosting): J&E Graphic, Inc. 718 494-6364 Investment Advisory Anthony S. Danna: 273-0300. Landlord/ Tenant: Jay Duskin: 981-6200. Howard File: 494-8800. New Jersey Personal Injury:: Mike Gaffney 815-6400 New Jersey Title: Integrity title- 718 979-2877 Process Servers: CMC Legal Process Service: 979-1137. Margaret Morio: 917-858-6289. Real Estate Closings: Rosemarie Ann De Rogatis: 816-8411 Small Claims Court: Michael Motelson: 212-489-3940. Typewriter Repair: Paul Murphy: 718 979-1658. Tax Law: Richard Gabor: 698-1500. Translating Services: Doris Fernandez-Pacheco (201) 439-0300 Violations Removed/C of O’s: Ciro Asperti: 816-9170.

p. 26

ON THE MOVE LANCE P. ARMSTRONG - 900 SOUTH AVE., STE. 401, 10314 TEL: 477-7700 FAX: 477-5711

RETIRING ? The RCBA requests that retired lawyers notify us of the location of their files. Please call the Bar Office at 718-442-4500.

ATTORNEY SEEKING POS. Lisa D. Graniero- Recently admitted attny. seeking position with local firm -Resume on file with RCBA (315) 735-1310 Esme Russell- J.D. May 1996, Resume on File. Claudia Sanjour-Position in property issues. Resume on file. 1986 Law School Grad- Resume on File. Steve Leunes- Newly admitted attny. Resume on file. Attorney Experienced in foreclosure and Bankruptcy matters seeks opportunity to practice on Staten Island. Former Federal Law Clerk, Admitted in NY since 1988 also admitted in NJ, CA & DC. Call 718 442-8189

SEEKING OFFICE SPACE Attorney seeking office on Staten Island. Space for services arrangement preferred. Please contact Jeffrey Lisnow at (718) 7617201.

WILL SEARCH • If anyone has information of the whereabouts of the Last Will & Testament of Charles C. Guthrie please contact James A. Dollard at (718) 983-8000. • The family of Adam C. Nelson (A.K.A. Scotty), deceased, is trying to locate a copy of his Last Will & Testament. It was executedin September of 1992. If anyone knows the lawyer who drew upthe Will or the whereabouts of the Will please contact NancyTobias at (707) 426-2978. • Seeking Original Last Will & Testament of Nuatamlal C. Acharya executed after September 1987. Please contact DiVernieri, DiVernieri & Cotter, LLP at 718-6671301. • Paul H. Rosen retired since January 1976 has a fairly good library which he would like to dispose of. Anyone interested in his law books please call him at (718) 4486425.

RCBA CLASSIFIEDS SEEKING EMPLOYMENT HomeWork Legal Dictaphone Secretary - Legal secretary with over 15 years of experience, extensive PI, matrimonial, wills, etc., from letters to large briefs. State of the art equipment - WP8, Microsoft Word and brand new Laser Jet Printer. From inception to conclusion. Reasonable rates, quick turn around time. Pick up and delivery service available. Please call Lori at (718) 980-7737. Alice Fino, retired secretary 447-8556 Legal Secretary - looking for P/T (two full days a week), knowledge of negligence, pleadings, real estate, stenography and wordperfect. Tel. #: (718) 979-3762. Typing from home; knowledge of W.P. 6.0 and Excel. Call Michelle Basile at 227-4979. Legal Secretary looking to work at home. Have computer with printer. Knowledgeable in various legal documents. Worked for 8 years in Manhattan law firms. Please contact Maria at (718) 982-9057. Theresa Schiavi - (718) 966-6276 Seeking a position of part-time "receptionist". Available Monday through Friday from 9:00 a.m. to 2:00 p.m. Also have experience with the computer and am excellent on the telephone when it comes to client contact. "Letter Resume" on file with RCBA. Angela Masella - Experienced legal secretary for 12 years; diversified experience; will work at home. Please call (718) 979-2653. Rebecca DiVirgilio - (718) 667-6361 Legal Secretary seeking per diem employment. Available to cover sick days, vacations, etc. and can be called in the morning to work the same day. Resume on file at the Bar Association. College educated, legal secretary with over 12 years experience desires either at-home or in-office employment. WP 6.1 for DOS and Windows, WP 8.0 for Windows, very heavy dictaphone, fast long-hand, and an ability to think and produce with fast and positive results. Excellent with heavy litigation and deadline situations. I have worked in matrimonial, Wills, Estates and Trusts, and personal injury for both plaintiff and defendant attorneys. I have WP 6.1 for Windows at my home. Please call Lori at (718) 980-7737 day or evening. Letizia DiBenedetto - (718) 979-3762 College student seeking full-time or part-time summer employment. Clerical, office work, computer. Rosetta Crupi - F/T legal secretary; knowledge of General practice; real estate, matrimonial law and wills & estates. Call (718) 948-2839. Seeking P/T employment as a legal secretary, weekdays only; Resume on file at the Richmond County Bar Association. I can be reached at 983-1258 - LuAnn Iacono. Christopher LaRosa - Student Undergrad at St. John's University willing to do Paralegal work. Call 227-8124.

COURT APPEARANCES I am seeking an attorney to make court appearances in civil cases. Please call (718) 356-4909. Queens County-Civil Matters - Kenneth L. Brown, 40 years trial experience - defense litigation (carrier and City of New York and plaintiff litigation) 718 297-7711.

TRANSLATING SERVICES Interpreters, Translators - all subjects, all settings. Call Doris Fernandez-Pacheco at (201) 439-0300.

LAW SECRETARY WANTED Full time, microsoft word and personal injury experience needed. Salary commensurate with experience. 816-0005.

EMPLOYMENT OPPORTUNITY First year associate - general practice, emphasis in Negligence Law, Salary commensurate with experience, benefits included, must be aggressive and looking for a future. Call 667-8600.

FOR SALE N.Y. SUPPLEMENT, 2d SERIES, COURT OF APPEALSAPPELLATE DIVISION, Miscellaneous Courts, VOLUMES 1-321 BEST OFFER CONTACT: ANTHONY I. GIACOBBE, ESQ. (718) 273-6902 OR Fax No. (718) 273-3134. DON'T THROW AWAY THOSE CLE TAPES OR MATERIALS. DROP THEM OFF AT BORRELL & RISO, LLP; 1500 HYLAN BLVD. TO BE COMPILED AND MADE AVAILABLE FOR THE USE OF THE MEMBERS OF THE RICHMOND COUNTY BAR ASSOCIATION. JEFFREY BORRELL, ESQ. - 667-8600.

IF YOU WOULD LIKE TO PLACE AN AD IN THE RCBA CLASSIFIEDS PLEASE CONTACT THE BAR OFFICE AT 442-4500. p. 27

THE RICHMOND COUNTY BAR ASSOCIATION 2012 Victory Blvd., SI, NY 10314 Marjorie Weinberg Rooney President Michael J. Gaffney President-Elect Grace V. Mattei Vice President Mark S. Piazza Secretary James H. Birch Treasurer Richard Lasher Executive Director 1920-1995 Alan D. Lasher Publisher

Directors: Jonathan B. Behrins David W. Braisted John P. Connors, Jr. Theodore J.G. Cotter James A. Dollard James F. Donlon William J. Frew, Jr. Thomas J. Hall David W. Lehr J. Steven Long John Z. Marangos Daniel C. Marotta Ronald J. Mazzucco Andrea S. Morse Wayne M. Ozzi Jonathan H. Poznansky Harold J. Siegel Michael M. Walsh

RICHMOND COUNTY BAR ASSOCIATION P.O. BOX 140593 • STATEN ISLAND, N.Y. 10314-0593

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