Volume 64, No. 6
Bar Association of Erie County Bulletin JULY/AUGUST 2025 | Volume 65 | No. 1
MEET YOUR NEW 2025 DIRECTORS
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Maura K. O’Donnell Vice President, President-Elect
Andrew J. Freedman Deputy Treasurer, Treasurer-Elect
Cat McCulle Director
Milton D. Gordon Director
Linda S. Grear Director
Brianna Shareef Director
Patrick J. Long Director
BAEC President Brian M. Melber’s First Letter to the Membership Page 4
From Stage to Courtroom: Tom Rizzo’s 100-Year Encore Page 25
In The Public Service: Legal Aid Bureau of Buffalo Page 28
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Bar Association of Erie County Bulletin TABLE OF CONTENTS
Bar Association of Erie County SPONSORS Grateful to Our 2025 Sponsors! These organizations have partnered with the BAEC for 2025. ANNUAL LAW FIRM SPONSORS
FEATURES
Introducing the BAEC’s 2024-2025 Board of Directors Meet Your Newly Elected Directors 2024-2025 Erie Institute of Law Faculty A Letter from a Member During Disability Pride Month: Hope and Rage From Stage to Courtroom: Tom Rizzo’s 100-Year Encore LHL 12-Step Weekend U.S. District Court, W.D.N.Y. Appoints New Clerk of Court Request For Public Comment
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25 32 33 35 IN EVERY ISSUE
Letter from the President From the Erie County Bar Foundation President Member Assistance Program BAEC Upcoming Events Western District Case Notes Death and Taxes Escalating Threats Against Judges Must Stop In the Public Service: Legal Aid Bureau of Buffalo Assault and Physical Injury: How Bad Does It Have to Be? CLE Calendar BAEC New Members BAEC Life Members and Contributing Members Contributions to the Foundation In Memoriam Classifieds Bulletin Submission Deadline
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– ATTORNEYS –
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BAR ASSOCIATION OF ERIE COUNTY President Vice President Treasurer
Brian M. Melber Maura K. O’Donnell Nicole Graci Andrew J. Freedman Anne M. Noble
Deputy Treasurer Executive Director Editor of Bulletin Graphic Designer
ANNUAL CORPORATE SPONSORS
Stephanie Belasik Leann Aboudiab BOARD OF DIRECTORS Elise L. Cassar, Joshua E. Dubs, Keri D. Callocchia, Cheyenne N. Freely, Ericka N. Bennett, David M. Goodman, Cat McCulle, Erin A. Tresmond, Milton D. Gordon, Linda S. Grear, Patrick J. Long, Brianna Shareef
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LETTER FROM THE PRESIDENT
FROM THE ERIE COUNTY BAR FOUNDATION
Dear Members, Thank you for choosing me to serve you as President of the Bar Association of Erie County. I’m grateful for this opportunity to take my turn and do my part in service of you, this Association, and our community. For the last year, I’ve been fortunate to work with our immediate Past-President Lauren Breen, our Executive Director Anne Noble, and the entire outstanding BAEC staff. I have learned a great deal from all of them, about our bar association, about the tremendous work of our committees, the Bar Foundation, and the Erie Institute of Law. For the past year as our President, Lauren Breen led us in deepening our connections with each other as colleagues, and in fulfilling our role as educators and advocates for civic responsibility. My aspiration for the coming year is to build on that work by focusing on our duty as attorneys to work together to promote and protect the rule of law. As an association of attorneys, our members hold many different views. Our legal community includes diverse and even opposing perspectives. When we were sworn in as attorneys, each of us
Having just celebrated the 4th of July, we can all take some time to reflect upon the importance of our Declaration of Independence. This document serves as the foundation for American Democracy, shaping our Nation’s identity and values. Thomas Jefferson reminds us all, “Let the annual return of this day forever refresh our recollections of these rights, and an undiminished devotion to them.” As attorneys, we are obligated and accept the challenge to zealously represent the clients we serve. We pour an inordinate amount of time and effort into our work, oftentimes ignoring self-care in the process. I encourage you to take advantage of the programs and help that is provided through the Member Assistance Program (MAP) and the Foundation. For assistance call 716-681-4300 or Anne Noble, 716-852-1777.
BRIAN M. MELBER PRESIDENT BAR ASSOCIATION OF ERIE COUNTY
HELEN FERRARO-ZAFFRAM PRESIDENT ERIE COUNTY BAR FOUNDATION
“My goal for this year is that we will become more connected with each other as a community, and that as an association we will use our collective strength to fulfill our oath to defend the Constitution.” took the same oath – to defend the Constitution of the United States and the Constitution of New York State. That oath surpasses our differences. Together, we all stand for the rule of law, the independence of the bench and the bar, the operation of our system of government, and the administration of justice in our courts. Collectively, it is our responsibility and our privilege to defend our constitutional system, with our words and our actions. Please consider applying your time and resources to engage more deeply in our association. Join or lead a committee. Contribute content to one of our publications or social media platforms. Celebrate and honor those who have done extraordinary work for our laws and our system. Extend an invitation and real welcome to a colleague who may not feel included, or heard, or represented here in our association to make our community more complete. We’ve planned many wonderful opportunities for you to connect, learn, and to invite new members and have fun this year. Please join us for a CLE and panel discussion on July 15th, focused on building stronger multigenerational teams: bit.ly/intergenconflict. Or, mark your calendar for September 25th for a special Bench & Bar Social, hosted by the BAEC Judges Committee, Minority Bar Association of WNY, and WBASNY, WNY: bit.ly/2025benchbar. If you know someone in our legal community whose work deserves special recognition, please consider nominating them for an award: bit.ly/AnnualAwards2025. We’ll honor our awardees at our 138th Annual Awards celebration on November 13th. I’m looking forward to connecting with all of you over the course of this year.
SCAN TO DONATE TO THE FOUNDATION
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INTRODUCING THE BAEC’S 2025-2026 BOARD OF DIRECTORS The Bar Association of Erie County (“Bar Association”)
The Association’s Officers serving with President Melber are newly elected Vice President Maura K. O’Donnell, Treasurer Nicole Graci, and newly elected Deputy Treasurer Andrew J. Freedman. Newly elected Directors are Cat McCulle, Milton D. Gordon, Linda S. Grear, Brianna Shareef and Patrick J. Long. The following Directors will continue to serve until the expiration of their three-year terms: Elise L. Cassar, Joshua E. Dubs, Keri D. Callocchia, Cheyenne N. Freely, Ericka N. Bennett, David M. Goodman and Erin A. Tresmond. The Association’s Executive Director is Anne M. Noble, who serves on the Board ex-officio.
is pleased to announce that Brian M. Melber was sworn in as its 119th President. The Honorable Susan M. Eagan, Erie County Court Judge, conducted the ceremony. Mr. Melber is a founding partner of Personius Melber LLP. He has been a member of the Association for over 28 years, previously serving as Director. Mr. Melber was born and educated in Western New York, graduating from Canisius High School and SUNY at Buffalo School of Law. Mr. Melber will serve a one-year term as President, leading an organization of over 3,000 lawyers. Upon assuming the Presidency, Melber stated “I am honored to assume the Presidency of our Bar Association. Together, we will uphold the rule of law and advocate for the highest standards of our profession, ensuring that our legal community continues to serve with integrity and impact.”
Pictured above are photographs from our Annual Meeting & Members Reception that was held on Friday, June 13, 2025.
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MEET YOUR NEWLY ELECTED DIRECTORS
In addition to his work at the firm, Andrew was recently appointed to the Richard C. Failla LGBTQ Commission by Hon. Rowan D. Wilson, Chief Judge of the State of New York. The Commission, established in 2017, addresses legal and policy issues affecting the LGBTQ+ community. Andrew also serves as Co-Chair of the newly established LGBTQIA+ Committee for the Bar Association of Erie County, which brings together LGBTQIA+ attorneys and allies. The committee has hosted a CLE on transgender rights, organized social networking events, and sponsored two name change clinics. He also serves on the Board of Trustees for the Minority Bar Foundation and the Buffalo United Charter School, and currently holds the position of Second Vice President for the New York State Association for School Attorneys (NYSASA), where school attorneys work collaboratively to advance public education.
VICE PRESIDENT, PRESIDENT ELECT Maura K. O’Donnell Associate General Counsel, Optum
DIRECTORS
Maura K. O’Donnell is a strong and inclusive leader with a record of fostering collaboration to achieve results. She currently serves as an Associate General Counsel with Optum, a health solution and care delivery organization. Maura formerly served as the Buffalo Regional Director for the New York State Attorney General’s Medicaid Fraud Unit, where she led a team of attorneys, analysts, and detectives in investigating allegations of fraud, waste, and abuse within the state’s healthcare system. In this capacity, she handled both civil and criminal cases on behalf of New York State. Prior to joining the New York Attorney General’s Office, Maura spent ten years as an Assistant United States Attorney for the Western District of New York, where
Cat McCulle Attorney, Law Office of Lindy Korn PLLC
C at is an attorney with the Law Office of Lindy Korn, PLLC. She joined the firm prior to attending law school and has remained with Lindy ever since. She negotiates and litigates plaintiff-side discrimination claims in the WDNY Federal Court, the NYS Supreme Court, and the NYS Division of Human Rights. Cat advocates passionately for her clients and works collaboratively to obtain the best possible resolution of each matter. Cat is admitted to practice in New York State, United States District Court for the Western District of New York, United States District Court for the Northern District of New York, and the Supreme Court of the United States.
she investigated and prosecuted complex financial and healthcare fraud cases, civil rights violations, public corruption, cybercrime, and crimes against children. She is a 2015 recipient of the FBI Director’s Award for Excellence and has extensive experience in federal litigation. Maura began her legal career as an Assistant District Attorney and has tried cases in a variety of New York State Courts and in United States District Court. Maura recently completed her term as a member of the Board of Directors of the Bar Association of Erie County (BAEC), where she has been active in several committees, and has organized and supported a variety of programs. She is a member of the Women’s Bar Association of the State of New York and the Minority Bar Association of Western New York. Maura and her husband Kevin Corbett – a teacher and musician – live in the City of Buffalo with their three children and are enthusiastic supporters of their children’s many athletic and artistic endeavors and volunteers at their school. A long-standing board member of the West Side Rowing Club, Maura is an advocate for youth rowing and is a frequent regatta volunteer and former high school rowing coach. Maura received her undergraduate and law degrees from the University of Wisconsin. As a former NCAA athlete, she remains an avid Badger fan and member of the Wisconsin Varsity Letterwinner Club. She is also proud to have chaired events to raise money and awareness for organ donation, a cause that has closely impacted her family.
She is active in the legal community, having served as a Chair for the BAEC’s Young Lawyers Committee, and currently serving as Board Member and incoming Treasurer for UB Law’s GOLD Group and as an Associate Board Member for the NYS Academy of Trial Lawyers. Hailing from Angola, Cat has lived in Buffalo her entire life. She went to Buffalo State College for her bachelor’s degree, majoring in History and minoring in political science and athletic coaching. Cat played a year of DIII hockey for the Buffalo State Bengals and graduated cum laude. While at the University at Buffalo School of Law, she was involved in various clinics, was selected to be a Pro Bono Scholar, and played two years of ACHA Division II hockey. In her spare time, Cat enjoys playing ice hockey in various leagues, hitting the beach, traveling, and spending time with her Newfoundland, Mortimer. Milton D. Gordon
DEPUTY TREASURER, TREASURER-ELECT
Assistant District Attorney, Erie County District Attorney’s Office Milton Gordon has had the privilege of serving as an Assistant District Attorney since 2016. A proud graduate of the University at Buffalo Law School, Class of 2015, Milton’s path to the legal profession has been shaped by a range of diverse experiences—from serving in the Jamaican Military to working in the corporate sector. These experiences have instilled in him a deep appreciation for commitment, support, and community—core values essential to the pursuit of justice. In his role at the Erie County District Attorney’s Office, Milton has had the
Andrew J. Freedman Partner, Hodgson Russ LLP
Andrew J. Freedman began his legal career at Norton/Radin/Hoover/Freedman, a small law firm in Kenmore. In 2011, he joined Hodgson Russ LLP as a partner in the Labor and Employment Group, focusing primarily on Education Law. He represents school districts and charter schools across Western New York and the Southern Tier, advising on a wide range of complex legal matters. From 2019 to 2024, Andrew served as Chair of Hodgson Russ’s Diversity and Inclusion Committee. Under his leadership, the committee implemented initiatives to promote a more inclusive and equitable workplace, emphasizing internal education, talent development, and community engagement.
opportunity to work closely with many colleagues, navigating the complexities of the legal system. This work has allowed him to witness firsthand the dedication, resilience, and humanity required in the profession. His background has given him a unique understanding of the justice system’s significant impact on individuals and communities, especially in times of difficulty.
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DIRECTORS CONT’D
Patrick J. Long Assistant Dean for Professional Development, University at Buffalo School of Law A proud son of South Buffalo, Pat joined the Navy after college and served in the Persian Gulf War. After leaving the Navy as a Lieutenant, he returned to Buffalo to teach English and History at Nichols School, where he also coached Varsity Wrestling. He then attended law school at UB and joined Hodgson Russ LLP upon graduation. There, he practiced litigation, with a focus on product liability. He returned to the School of Law in 2009 to teach legal writing. He is now the Assistant Dean for Professional Development. He has also taught courses in Professional Identity, Legal History, and Shakespeare and Law.
Linda S. Grear Partner, Pfalzgraf Beinhauer Grear Harris Schuller LLP
Linda S. Grear is currently a partner at Pfalzgraf Beinhauer Grear Harris Schuller LLP (PB Elder Law) and has been an active member of the Western New York legal community since 1995. Over the course of her 30-year career, Linda has remained committed to fostering professional excellence in a supportive and collaborative manner. She prioritizes meeting the needs of both clients and colleagues, with a strong focus on resource accessibility and professional development.
She is a current Member and Former Section District Delegate of the New York State Bar Association, as well as a current Member and former longtime Chair of the Bar Association of Erie County’s Surrogate’s Court Committee. Linda feels strongly about giving back to the Bar by supporting initiatives that reflect its commitment to both the legal profession and the wider community. Linda looks forward to working collaboratively with fellow Bar members to uphold the mission of the Bar Association of Erie County. Her goal is to support the growth and well-being of attorneys while furthering the BAEC’s dedication to legal excellence, education, justice, and a culture of camaraderie, wellness, and belonging. Brianna Shareef In-House Senior Counsel, Lactalis, Inc.
In the community, Pat has served as president of the boards of Neighborhood Legal Services, Just Buffalo Literary Center, and Buffalo Seminary. He lives in Williamsville with his wife, Sandra Block, and their two children.
NOMINATING COMMITTEE
What began at the ballet barre eventually led Brianna Shareef to the New York State Bar—two very different paths shaped by the same values: discipline, focus, and a deep commitment to growth. A Metro Detroit native, Brianna now serves as Senior Counsel of Contracts and Strategic Transactions at Lactalis, the world’s largest dairy company. In her role, she leads complex agreements and strategic initiatives.
Melissa Hancock Nickson Court Attorney Referee, ADR Program, New York State Supreme Court
Michelle M. Schwach Court Attorney to the Hon. Mary G. Carney, Erie County Family Court
Before entering the legal field, Brianna spent 15 years training as a classical ballerina, including time dancing with the renowned Joffrey Ballet. She earned her bachelor’s degree from Bowling Green State University and her J.D. from the University of St. Thomas School of Law in Minneapolis, where she lived for five years. In 2021, she moved to Buffalo with her fiancé, and the two are excited to tie the knot this November. Brianna is an active and committed contributor to both the legal profession and her local community. She is a proud member of Alpha Kappa Alpha Sorority, Incorporated, serves on the board of the Minority Bar Association of Western New York, and is Vice Chair of the BAEC’s Diversity, Equity, & Inclusion Committee. She also serves on the junior board of Buffalo Prep, working to advance educational equity and uplift the next generation of changemakers. Outside of work, Brianna enjoys golfing. Having picked up the sport just two years ago, she now enjoys honing her swing with her fiancé during their free time.
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2024-2025 ERIE INSTITUTE OF LAW FACULTY
Caroline M. Cercone, Esq. Woods Oviatt Gilman LLP The 1st Annual Kelly Barrett Sarama Elder Law Conference Cavette Chambers, Esq. City of Buffalo Life After Law School Kinny W. Chan, Esq. Preventing Wire Fraud: Best Practices for Handling Client Funds Hon. Deborah Chimes Erie County Supreme Court Justice Building Belonging: An Introduction to Gender Identity & Inclusiveness in the Law Professionalism Before the Courts: Ethical Considerations for the Bench and Bar Juliana Cipolla, Esq. The Beckage Firm 35 th Annual Real Estate Conference Thomas Clifford, Esq. Bond, Schoeneck, & King PLLC Non-Profit Board Service 101 Hon. Emilio Colaiacovo Erie County Supreme Court Commercial Division Professionalism Before the Courts: Ethical Considerations for the Bench and Bar Lisa A. Coppola, Esq. The Coppola Firm Firm Foundations: Solo & Small Practice Essentials Benjamin Cranston, Esq. Phillips Lytle LLP Estate Planning: Specific Assets Gary Crump, JD Buffalo Public Schools Courtrooms, Classrooms, and Community: A Call to Civic Engagement Hon. Phillip Dabney, Jr. Buffalo City Court Courtrooms, Classrooms, and Community: A Call to Civic Engagement Michael S. Deal, Esq. Legal Aid Bureau of Buffalo 2024 US Supreme Court Review & Preview Carolyn DeVaughn, Esq. Gross Shuman P.C. An Update on the Corporate Transparency Act Life After Law School Sarah Duval, Esq. Center for Elder Law and Justice The 1st Annual Kelly Barrett Sarama Elder Law Conference
Dr. Christine Farrow Erie County Commissioner of Jurors Courtrooms, Classrooms, and Community: A Call to Civic Engagement Hon. Brenda Freedman Erie County Family Court Professionalism Before the Courts: Ethical Considerations for the Bench and Bar Cheyenne Freely, Esq. Hodgson Russ LLP Life After Law School John Gavigan WireVault Preventing Wire Fraud: Best Practices for Handling Client Funds Ruth P. George, Esq. Ruth P. George Law PLLC The 1st Annual Kelly Barrett Sarama Elder Law Conference Gretchen Gonzalez, Esq. ECBA Volunteer Lawyers Project Life After Law School David Goodman, Esq. The Coppola Firm Life After Law School Professionalism Before the Courts: Ethical Considerations for the Bench and Bar Patrick Gramza WireVault Preventing Wire Fraud: Best Practices for Handling Client Funds Linda S. Grear, Esq. Pfalzgraf Beinhauer Grear Harris Schueller, LLP Estate Planning: Specific Assets Surrogate's Court Guardian Ad Litem Training 2024 Who’s In & Who’s Out: Everything You Wanted to Know About Status Issues but Were Afraid to Ask Hon. Paul W. Grimm Duke Law School Nationwide Injunctions, Executive Orders, and Impeach- ment Threats Against Judges Christopher Grover, Esq. Jeffrey Freedman Attorneys Life After Law School Brian D. Gwitt, Esq. Woods Oviatt Gilman LLP Life After Law School Update on NYS Civil Practice & Procedure 2024 Hon. Craig D. Hannah Appellate Division, Fourth Judicial Department Time to Talk: Practical and Compassionate Tips for Sup- porting Someone with Mental Illness Lauren Heimer, Esq. Eagan & Heimer Firm Foundations: Solo & Small Practice Essentials Hon. Shannon Heneghan Buffalo City Court Life After Law School
The Erie Institute of Law thanks the following professionals who have volunteered their time and expertise to our Continuing Legal Education program over the last year.
Gary D. Borek, Esq. Gary D. Borek, LLC 70 th Tax Institute Daniel J. Brady, Esq. Hagerty & Brady 2024 US Supreme Court Review & Preview Lauren E. Breen, Esq. Neighborhood Legal Services Courtrooms, Classrooms, and Community: A Call to Civic Engagement Robert C. Brucato, Esq. Counsel Press 2024 US Supreme Court Review & Preview Life After Law School Update on NYS Civil Practice & Procedure 2024 Craig R. Bucki, Esq. Phillips Lytle LLP 2024 US Supreme Court Review & Preview Courtrooms, Classrooms, and Community: A Call to Civic Engagement B. Kevin Burke, Esq. Gross Shuman P.C. Restrictive Covenants: Key Developments Employers Need to Know Jaime Cain, Esq. Lipsitz Green Scime Cambria LLP What Attorneys Need to Know About the Good Cause Eviction Law
Wedade Abdallah, Esq. Legal Aid Bureau of Buffalo Korematsu 80 Years Later: Ramifications in 2025 and Beyond Stephanie (Cole) Adams, Esq. The Law Office of Stephanie Adams PLLC Life After Law School Non-Profit Board Service 101 Emily Ahlqvist, Esq.
Bond, Schoeneck, & King PLLC Non-Profit Board Service 101 Justin Andreozzi, Esq. Lippes Mathias LLP 70 th Tax Institute
Megan Andrews, LCSW-R Child and Family Services Life After Law School Mario Ayoub, Esq. Bond, Schoeneck, & King PLLC Life After Law School Kelly Bainbridge, LCSW Erie County Bar Foundation Time to Talk: Practical and Compassionate Tips for Supporting Someone with Mental Illness Aparna Balakrishnan, Esq. Neighborhood Legal Services Name Change Training Mona Baskin, Esq. Surrogate's Court Guardian Ad Litem Training 2024 Jamie Batt, Esq. Rupp Pfalzgraf LLC The 1st Annual Kelly Barrett Sarama Elder Law Conference Jennifer A. Beckage, Esq. The Beckage Firm 35 th Annual Real Estate Conference Michael Beecher Escape Wire Solutions, Inc. Estate Planning: Specific Assets Tiffany Bell, Esq. Lippes Mathias LLP 70 th Tax Institute Olivia A. Binda, Esq. Freid, Klawon & Conners Life After Law School
Keri Callocchia, Esq. Callocchia Law Firm 34th Annual Real Estate Conference
Life After Law School Hon. Mary G. Carney Erie County Family Court Life After Law School
Hon. Patrick M. Carney Buffalo Housing Court 34th Annual Real Estate Conference Charles Carra, Esq. United States District Court, WDNY
Hon. Susan Eagan Erie County Court Life After Law School Joseph Endres, Esq. Hogson Russ LLP 70 th Tax Institute
Life After Law School Hon. Kevin M. Carter Erie County Family Court Building Belonging: An Introduction to Gender Identity & Inclusiveness in the Law Life After Law School
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Scott Morris, CISS, CISM The Beckage Firm 35 th Annual Real Estate Conference Hon. Acea M. Mosey
Austin T. Mann, Esq. Legal Aid Bureau of Buffalo Building Belonging: An Introduction to Gender Identity & Inclusiveness in the Law Katie K. Martin, Esq. Pusatier, Abbott, Sugarman & Martin, LLP Life After Law School Charles Martorana, Esq. Barclay Damon LLP 34th Annual Real Estate Conference 35 th Annual Real Estate Conference Thomas Mazurek, CPA Tronconi Segarra & Associates LLP 70 th Tax Institute Ryan F. McCann, Esq. Attea & Attea P.C. Who’s In & Who’s Out: Everything You Wanted to Know About Status Issues but Were Afraid to Ask Justine McCargo, Esq. Fidelity National Title Group 34th Annual Real Estate Conference Chanel T. McCarthy, Esq. Gross Shuman P.C. Estate Planning: Specific Assets Surrogate's Court Guardian Ad Litem Training 2024 Hon. Jeremiah McCarthy United States Magistrate Judge Life After Law School Professionalism Before the Courts: Ethical Considerations for the Bench and Bar Britta McKenna, Esq. Hodgson Russ LLP Who’s In & Who’s Out: Everything You Wanted to Know About Status Issues but Were Afraid to Ask Kristan McMahon, JD The Robert H. Jackson Center Korematsu 80 Years Later: Ramifications in 2025 and Be- yond Brian M. Melber, Esq. Personius Melber LLP Nationwide Injunctions, Executive Orders, and Impeach- ment Threats Against Judges Elizabeth M. Midgley, Esq. Hurwitz Fine P.C. Ethical Considerations in Criminal Defense Life After Law School Thomas D. Migliaccio, Esq. Migliaccio Law Firm Surrogate's Court Guardian Ad Litem Training 2024 David C. Mineo, Esq. The Law Office of David C. Mineo 34th Annual Real Estate Conference Mary Jane (MJ) Morley, Esq. MJ Morley Law P.C. Firm Foundations: Solo & Small Law Practice Essentials
Christopher J. Phillips, Esq. Bond, Schoeneck, & King PLLC The 1st Annual Kelly Barrett Sarama Elder Law Conference Nicholas Pusateri, Esq. Gross Shuman P.C. Estate Planning: Specific Assets Sarah Rera, Esq. Gross Shuman P.C. Life After Law School Edward C. Robinson, Esq. Hurwitz Fine P.C. The 1st Annual Kelly Barrett Sarama Elder Law Conference Lori Robinson League of Women Voters Courtrooms, Classrooms, and Community: A Call to Civic Engagement Crystal Rodriguez Dabney, Esq. Roswell Park Cancer Institute Surrogate's Court Guardian Ad Litem Training 2024 Nicholas A. Romano, Esq. Connors LLP Life After Law School Steven Salcedo, Esq. Salcedo Appeals Firm Foundations: Solo & Small Law Practice Essentials Life After Law School Martha Salzman, Esq. University at Buffalo School of Management 70 th Tax Institute Steven Sanders, CPA Steven Sanders, CPA 70 th Tax Institute Lauren Sass, Esq. Office of the New York State Attorney General 34th Annual Real Estate Conference William F. Savino, Esq. Woods Oviatt Gilman LLP Update on NYS Civil Practice & Procedure 2024
Holly L. Hubert GlobalSecurityIQ Preventing Wire Fraud: Best Practices for Handling Client Funds Jennifer Hurley, Esq. Block Longo LaMarca Brzezinski, P.C. 34th Annual Real Estate Conference Elizabeth Ingold, Esq. Rupp Pfalzgraf LLC The 1st Annual Kelly Barrett Sarama Elder Law Conference Hon. Barbara Johnson-Lee Buffalo City Court Professionalism Before the Courts: Ethical Considerations for the Bench and Bar Cydney Kelly, Esq. 4 th Judicial Department, Attorney Grievance Committees Life After Law School Daniel M. Killelea, Esq. Gilmour & Killelea 2024 US Supreme Court Review & Preview Ethical Considerations in Criminal Defense Colleen Killian, Esq. The Law Office of Colleen Killian What Attorneys Need to Know About the Good Cause Evic- tion Law
Erie County Surrogate’s Court Judge 34th Annual Real Estate Conference Estate Planning: Specific Assets Surrogate's Court Guardian Ad Litem Training 2024 Who’s In & Who’s Out: Everything You Wanted to Know About Status Issues but Were Afraid to Ask Timothy P. Murphy, Esq. Federal Public Defender's Office 2024 US Supreme Court Review & Preview Dawn Myszka, Esq. Pfalzgraf Beinhauer Grear Harris Schuller LLP The 1st Annual Kelly Barrett Sarama Elder Law Conference Catherine Nagel, Esq. Nuchereno & Nagel Estate Planning: Specific Assets Surrogate's Court Guardian Ad Litem Training 2024 Who’s In & Who’s Out: Everything You Wanted to Know About Status Issues but Were Afraid to Ask Sharon Nosenchuck, Esq. Neighborhood Legal Services What Attorneys Need to Know About the Good Cause Evic- tion Law Linda Novotny, Esq. Who’s In & Who’s Out: Everything You Wanted to Know About Status Issues but Were Afraid to Ask Jillian E. Nowak, Esq. Prisoners' Legal Services of New York 2024 US Supreme Court Review & Preview Hon. E. Jeannette Ogden Appellate Division, Fourth Judicial Department Professionalism Before the Courts: Ethical Considerations for 34 th Annual Real Estate Conference 35 th Annual Real Estate Conference Alice M. Patterson, Esq. Buffalo City Court What Attorneys Need to Know About the Good Cause Evic- tion Law Neil A. Pawlowski, Esq. Duggan & Pawlowski Building Belonging: An Introduction to Gender Identity & Inclusiveness in the Law Anthony S. Pecoraro, Esq. The Law Office of Anthony S. Pecoraro 70 th Tax Institute Michael F. Perley, Esq. Hurwitz Fine P.C. Korematsu 80 Years Later: Ramifications in 2025 and Beyond Michael Petrik, Esq. Prisoners' Legal Services of New York 2024 US Supreme Court Review & Preview the Bench and Bar Dara B. Ordon, Esq. Cheryl Stein Law Firm, PLLC
Mark Klein, Esq. Hogson Russ LLP 70 th Tax Institute
Rebecca D. LaCivita, Esq. League of Women Voters Courtrooms, Classrooms, and Community: A Call to Civic Engagement Adrienne Larimer, Esq. Lexis Nexis The Dawning of a New Era: Combining Extractive & Genera- tive AI for New Possibilities Kevin Lelonek, Esq. Gross Shuman P.C. Restrictive Covenants: Key Developments Employers Need to Know John F. Leone, Esq. Gross Shuman P.C. The 1st Annual Kelly Barrett Sarama Elder Law Conference Hon. John B. Licata New York State Supreme Court Life After Law School Daniel Lukasik, Esq. New York State Office of Court Administration Time to Talk: Practical and Compassionate Tips for Support- ing Someone with Mental Illness Caleb Mammen, Esq. Neighborhood Legal Services Name Change Training
Barbara Schaus, Esq. Schaus & Schaus LLP Estate Planning: Specific Assets Stuart B. Shapiro, Esq. Law Office of Stuart B. Shapiro
Life After Law School Brianna Shareef, Esq. Lactalis Group
Life After Law School Joseph Shifflett, Esq. Erie County Surrogate’s Court 2025 Case Law Update from Erie County Surrogate's Court Estate Planning: Specific Assets Surrogate's Court Guardian Ad Litem Training 2024 Who’s In & Who’s Out: Everything You Wanted to Know About Status Issues but Were Afraid to Ask
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BAR ASSOCIATION OF ERIE COUNTY UPCOMING EVENTS SECOND ANNUAL BENCH & BAR SOCIAL HOSTED BY THE BAEC JUDGES COMMITTEE, MINORITY BAR ASSOCIATION OF WNY & WBASNY, WNY September 25 | 4:00pm CLE, 5:00pm Social | The Buffalo Club
Eric Vallone, Esq. Vallone Law
Thomas Simcoe, Esq. Bond, Schoeneck, & King PLLC Non-Profit Board Service 101 Hon. Donna Siwek New York State Supreme Court Professionalism Before the Courts: Ethical Considerations for the Bench and Bar Nico Soria, Esq. Western New York Law Center What Attorneys Need to Know About the Good Cause Evic- tion Law Dr. Celia Spacone Suicide Prevention Coalition of Erie County Talk Saves Lives: An Introduction to Suicide Prevention Time to Talk: Practical and Compassionate Tips for Support- ing Someone with Mental Illness Ellen G. Spencer, Esq. Magavern Magavern Grimm LLP Surrogate's Court Guardian Ad Litem Training 2024 Amber E. Storr, Esq. Hurwitz Fine P.C. Firm Foundations: Solo & Small Practice Essentials Jeffrey Stravino, Esq. Hodgson Russ LLP 2024 US Supreme Court Review & Preview Jeremy Toth, Esq. Erie County Attorney Life After Law School Erin Tresmond, Esq. Legal Aid Bureau of Buffalo 2024 US Supreme Court Review & Preview Korematsu 80 Years Later: Ramifications in 2025 and Beyond Dennis C. Vacco, Esq. Lippes Mathias LLP Preventing Wire Fraud: Best Practices for Handling Client Funds
34th Annual Real Estate Conference 35th Annual Real Estate Conference Michael Van Wagnen Hodgson Russ LLP 70 th Tax Institute
Hon. Lawrence J. Vilardo United States District Judge Life After Law School Kevin Walsh, Esq. Osborn Reed & Burke LLP Firm Foundations: Solo & Small Practice Essentials Mary Ward Employer Services Corporation Firm Foundations: Solo & Small Practice Essentials Thomas J. Warren, Esq. Center for Elder Law and Justice The 1st Annual Kelly Barrett Sarama Elder Law Confer- ence Sara Jo Whalen, Esq. Erie County Surrogate’s Court Surrogate's Court Guardian Ad Litem Training 2024 Who’s In & Who’s Out: Everything You Wanted to Know About Status Issues but Were Afraid to Ask Sharon Wick, Esq. Phillips Lytle LLP Surrogate's Court Guardian Ad Litem Training 2024 Who’s In & Who’s Out: Everything You Wanted to Know About Status Issues but Were Afraid to Ask Michael C. Wild, Esq. Vallone Law 35th Annual Real Estate Conference Bruce Zgoda, CPA Zgoda & Associates CPAs P.C. 70 th Tax Institute
WEGMAN’S FALL FLU CLINIC October 8 | 8:00am | BAEC Headquarters
138TH ANNUAL AWARDS CELEBRATION November 13 | 5:00pm | Seneca One Tower
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| July/August 2025 | BAEC Bulletin
BAEC Bulletin | July/August 2025 |
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A LETTER FROM A MEMBER DURING DISABILITY PRIDE MONTH: HOPE AND RAGE
My anger turns into rage because it is no longer mine. My anger is my own, but our rage belongs to our community. The rage that travels through time, connecting every disabled person from the 504 sit-ins to the Capital crawl, and everything in between. The rage of my people flows through me and reminds me of the injustices of the past and the failures of the present. But the past and present are not the only states to consider. The future matters too. A future that we can hope brings a more accessible world. A hope for a future in which we do not become normal, but in which who we are is normalized. A beautiful dream made real providing liberty, justice, and inclusion for all. I strive to place myself at the intersection of hope and rage, as to remember why I am fighting and what I am hoping to create. I plant myself at that intersection to remind myself that I am part of a story, a long history of people just like me who fought for me to be here, just as I will fight for whomever may follow. It is amazing to think about all the people that fought for you to be where you are without even knowing you. Not only do I find peace where hope and rage intersect, but also an ease to isolation. I am not a single word on a page, but a chapter in a book filled with other stories like my own, so in a way I am never isolated or alone at my little intersection of hope and rage. For this disability pride month, please go beyond remembering us, and include us. Don’t just make space for us in your world, but step into ours. We make the world as it is, so let’s make it accessible.
BY RON W. LAPORT, ESQ. The last time I authored an article for the Disability Pride Edition, I joked that it took me 23 years to come out as disabled. Growing up, I wanted to be anything other than disabled. I wanted to play like other children and prove to the world that even though I am disabled, I can be just as good as anyone else. I would call it a condition, or a setback. I had such a negative view of disability because I blamed it for creating a divide between myself and my peers. They could walk down hallways while chatting with their friends; meanwhile, any time I tried, I would trip and fall. When I walk, I must think about every step I take, and I might just fall anyway. Having a disability can be terribly isolating. In school, while all my peers had gym class together, I would go to a separate room (ironically up a set of stairs) all by myself. I would do physical therapy at the top level of the gym, listening to all my peers having fun together. Or during crew (rowing) practice, when the rest of my team would go on a run, and my coach would send me to walk around a field all by myself. Lap after lap of a small park, waiting for everybody else to get back. I know this is all terribly personal, but personal stories are what can push us towards where we need to go. The moral is that accommodation that forces disability into the shadows or isolates us is not social justice, or even good. These accommodations do not teach non- disabled people how to interact with disabled people, nor does it teach disabled people how to interact with non-disabled people. Instead, it creates a burden on disabled people to constantly have to teach everyone they interact with how to respond to their needs. It is exhausting, and we only have so many spoons (referring to spoon theory) to begin with. It creates isolation and bitterness. Most of the bitterness manifests when people, often well-intentioned, ask me if I need any help. Most of those who know me know not to ask me that question. If I need help, I will ask for it. I understand that when people see a disabled person, they just want to help. I do understand the desire to help others,
especially those you have been trained to perceive as needing help, and that is not a bad thing to want to do. But please understand that when you ask me if I need help, there is a war going on in my head. Because I do not hear your question as you meant to ask it. I do not hear, “Do you need any help?” I hear, “Of course you need help.” I know most do not mean that, and it is mostly all in my head, but even if it is all in my head it still feels real and therefore just as powerful. Of course, it is difficult to explain this as I am lying on the ground in the usual state of shock after a fall. I want it to be very clear that I only ever speak for myself, and other people have different preferences, and that is okay. Sometimes those preferences are complicated, and that is okay too. It is okay to be complicated. My advice to you is that anytime you encounter someone with a cane that has fallen, check for immediate danger (like pulling someone out of the street or if they are not visibly moving), and then give them a minute before rushing in to politely tell them that if they need help you are willing to offer it. I know this new approach does not seem that different, but it truly is. The second approach adds a layer of autonomy. It lets disabled or non-disabled person take control over the situation and determine your role in their struggle. The right to bodily autonomy is everything to the disability community. Our bodies, our choice. However, not everyone respects that choice, or even gives one. I have been pulled up off the ground by strangers without asking my consent, and they have left bruises. Another time in Buffalo City Court, a lawyer I didn’t know tried to push me in my wheelchair without asking. I use these moments to fuel my anger at the system that thinks it can “help me” without asking. A system that teaches people to view me as someone who always just needs help. But as I grow more connected to my community of wonderfully disabled persons, the anger turns into something else. Rage.
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| July/August 2025 | BAEC Bulletin
BAEC Bulletin | July/August 2025 |
21
BY KEVIN M. HOGAN AND SEAN C. MCPHEE WESTERN DISTRICT CASE NOTES
peculiarly within the opposing party’s knowledge so long as the Complaint adduces specific facts supporting a strong inference of fraud. The Court then conducted a thorough examination of the elements of plaintiff’s claims under the False Claims Act and found that fraud had been alleged with sufficient particularity. Specifically, the Court observed that, under the False Claims Act, a plaintiff must allege a false or fraudulent claim for payment or approval, or a false record or statement material to a false or fraudulent claim. The Court then noted that False Claims Act claims are either factually false ( i.e. one that is untrue on its face—such as a request for reimbursement for goods or services never provided) or legally false (i.e. one that rests on a false representation of compliance with an applicable federal statute or contractual term). Moreover, legally false claims are subdivided into express false certification claims and implied false certification claims. Ultimately, the Court rejected plaintiff’s express false certification theory, but held that plaintiff’s allegations that defendant certified compliance with the COVID-19 Vaccination Program when it submitted claims for payment was sufficient under the implied false certification theory. And while plaintiff did not provide details of actual bills or invoices submitted by defendant to the government, that was not fatal to her claims because that information was peculiarly within defendant’s knowledge, and because plaintiff alleged specific and plausible facts from which the Court could infer that defendant submitted false claims. As a result, the Court denied that branch of defendant’s motion to dismiss, but because plaintiff’s “reverse false claims” count did not allege any independent facts, it was dismissed as redundant. First Amendment’s Free Speech Clause and New York’s Public Accommodation Laws In Emilee Carpenter, LLC, et al. v. James, et al., 21-cv-6303-FPG (May 22, 2025), plaintiff, a wedding photographer, alleged that New York’s public accommodation laws “threatened her ability to operate her business according to her faith,” because she objected to opposite sex marriages and preferred not to offer her wedding photography business services to celebrate such marriages. She brought this pre-enforcement challenge under 42 USC §1983 contending that the state’s public accommodation laws violated her free speech and free association rights, her right to freely exercise her religion, the Establishment Clause of the First Amendment, and her right to due process. Previously, this Court held that the Constitution did not prevent New York from insuring that all consumers in the marketplace, without regard to sexual orientation, have “equal access to publicly available goods and services,” and thus dismissed plaintiff’s complaint.
Before the Second Circuit could decide the appeal, the Supreme Court issued its decision in 303 Creative LLC v. Elenis , 600 U.S. 570 (2023) holding that the Free Speech Clause of the First Amendment barred states from applying their public accommodation laws to “expressive activity to compel speech.” Finding “little daylight” between the facts alleged here and those found in 303 Creative , the Second Circuit vacated the dismissal of plaintiff’s free speech claim and remanded plaintiff’s case to this Court for further proceedings. The Second Circuit distilled a two-part inquiry from the 303 Creative decision: first, does the law at issue compel a business owner to engage in activity she would not otherwise engage in; and, second, does the activity constitute “the owner’s expressive activity.” If so, then the law violates the First Amendment “because it impermissibly compels speech.” Here, on remand, the Court concluded that New York’s public accommodation law would compel plaintiff to engage in activity she would not otherwise engage in and that plaintiff’s photography was expressive activity for First Amendment purposes; therefore, plaintiff likely would succeed on the merits of her free speech claim. The Court had little difficulty concluding that the remaining factors favored a preliminary injunction, and proceeded to grant the motion. The Court emphasized, though, that the injunction was narrow and, beyond these “peculiar” circumstances, plaintiff remained fully obligated to comply with New York’s public accommodation laws and New York’s public officials remained fully empowered to police the public marketplace to ensure that “gay couples [are not] treated as social outcasts… inferior in dignity and worth.” Preliminary Injunctions and Supplemental Jurisdiction In A.A.C. et al., v. Starpoint Central School District, et al., 24-cv-1047-JLS (April 25, 2025), plaintiffs, on behalf of their minor children, sued under the federal and state Constitutions and state and federal statutes after defendants refused to allow plaintiffs’ daughter to attend school unless she received a Tdap vaccination which plaintiffs alleged would be detrimental to her health. In New York, “a child may be exempted from school immunization if ‘any’ state- licensed physician ‘certifies that such immunization may be detrimental to the child’s health.’” Here, plaintiffs submitted a facially and procedurally valid exemption which was completed by their daughter’s treating physician. According to the Court, defendants denied the exemption request after the school physician second guessed the treating physician’s conclusion. Turning first to whether any of the claims in the complaint were likely to succeed on the merits -- the second of the three prongs of the standard for a preliminary injunction against governmental action -- the Court held that the ten
Deadline for Removal In Sibley v. Meridian Wildlife Services , LLC, 25-cv-6154-FPG-MJP (May 20, 2025), plaintiff filed suit against defendants in state court asserting employment discrimination claims under federal and New York state law. Defendant removed the action on the basis that the case arose under federal law, and that the Court had pendent jurisdiction over plaintiff’s state law claims. Plaintiff then moved to remand. In doing so, plaintiff did not contest the Court’s subject matter jurisdiction in light of the federal claims alleged in his Complaint, but instead argued that the Notice of Removal was untimely because it was filed more than thirty days after defendant was served. Specifically, plaintiff argued that the thirty-day clock began to run when defendant’s counsel agreed by email to accept service of the Complaint in response to plaintiff’s request made pursuant to CPLR 312-a, which allows for service by mail if the defendant completes and returns an acknowledgement of receipt. In opposition, defendant argued that removal was timely because the Notice of Removal was filed less than thirty days after defendant’s counsel signed and returned the acknowledgement of receipt, and it was only then that service was completed. In deciding the motion, the Court recognized that
KEVIN M. HOGAN Partner Phillips Lytle LLP
“email agreements between counsel to accept service can constitute binding agreements, triggering the thirty-day clock for removal, ”
but that was not the case here because defendant’s agreement to accept service was contingent on other factors and was not itself an agreement to accept service. Indeed, in the email at issue, defendant’s counsel queried whether plaintiff would be sending her the waiver notice required by CPLR 312-a so as to “be clear on what date you served me on behalf of the company,” and plaintiff responded that he was “putting in the mail today the CPLR 312a Statement to you.” Thus, the exchange’s language demonstrated that defendant counsel’s acceptance of service was contingent upon plaintiff serving defendant’s counsel in accordance with CPLR 312-a, and under it, service was not complete until defendant’s counsel returned the required form as provided in the statute. Because defendant filed its Notice of Removal within thirty days after returning the acknowledgement form resulting in service being complete, the removal was timely, and plaintiff’s motion to remand was denied. Motion to Dismiss Claims Under False Claims Act In U.S. ex. rel. Conrad v. Rochester Regional Health , 23-cv-438-JLS-JJM (June 11, 2025), plaintiff—a Physician Assistant and former employee of defendant— alleged that defendant violated the False Claims Act by knowingly failing to report adverse events to the Vaccine Adverse Events Reporting System, as required both by statute and contract, while nevertheless submitting claims for payment to the United States through the Center for Disease Control and Prevention’s COVID-19 Vaccination Program. Defendant moved to dismiss under Fed. R. Civ. P. 12(b)(6), arguing that plaintiff failed to state a claim. Noting first that the False Claims Act is an anti-fraud statute and that substantive allegations are subject to the heightened pleading requirements of Fed. R. Civ. P. 9(b), the Court also recognized that allegations may nonetheless be based on information and belief when facts are
SEAN C. MCPHEE Partner Phillips Lytle LLP
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