BAEC Bulletin - November/December 2024

Volume 64, No. 3

Bar Association of Erie County Bulletin NOVEMBER/DECEMBER 2024 | Volume 64 | No. 3

Happy Holidays!

THE ERIE COUNTY BAR FOUNDATION LAUNCHES ANNUAL FUNDRAISING CAMPAIGN

Page 6

Meet the Committees of the BAEC Page 13

A Note of Wellness from our Foundation President Page 5

A Holiday Message from our BAEC President Page 4

| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

Bar Association of Erie County Bulletin TABLE OF CONTENTS

Bar Association of Erie County SPONSORS Grateful to Our 2024 Sponsors! To become a sponsor for 2025, please contact Susan Kohlbacher at skohlbacher@eriebar.org. ANNUAL LAW FIRM SPONSORS

FEATURES

6 9

Erie County Bar Foundation Campaign Nominations Sought for Bar Leadership

GIBSON McASKILL CROSBY

10 12 13

BAEC Board of Directors Update 2024-2025 Judiciary Committee Committees of the BAEC Lawyers for the Arts Introducing Danielle Maurice, 8th Judicial District Justice Coordinator

22 23 24 26 26 27 36 38 IN EVERY ISSUE

Annual Western District of NY Federal Court Dinner Remarks News Advisory from the New York State Unified Court System Request for Comments Regarding the Proposed Amendments to the Local Rules of the Western District of NY Thanking Our 2024 Fee Dispute Arbitrators NCBE Establishes Diane F. Bosse Award for Excellence and Service in Bar Admissions Court of Appeals Expounds on the ‘Community Caretaking’ Doctrine in ‘Open-and-Shut’ Automobile Stop Case

THE LAW OFFICES OF TIMOTHY M. O’MARA

Letter from the President From the Erie County Bar Foundation President Member Assistance Program CLE Calendar BAEC Upcoming Events Celebrating Diversity & Heritage In the Public Service: Western New York Law Center Slow but Sure Progress on Social Security Disability Processes

4 5 8 19 20 21 28 30 32 35 40 41 42 43 44 46

– ATTORNEYS –

Western District Case Notes Assigned Counsel Program Bench and Bar In the News BAEC New Members BAEC Life Members and Contributing Members Contributions to the Foundation In Memoriam Bulletin Submission Deadline

BAR ASSOCIATION OF ERIE COUNTY President Vice President Treasurer

ANNUAL CORPORATE SPONSORS

Lauren E. Breen Brian M. Melber Vanessa C. Gabriele Nicole Graci Anne M. Noble

Deputy Treasurer Executive Director Editor of Bulletin Graphic Designer

Stephanie Belasik Leann Aboudiab BOARD OF DIRECTORS

Stephen C. Earnhart, Katie L. Kestel Martin, Maura O’Donnell, Carmen L. Snell, Elise L. Cassar, Joshua E. Dubs, Keri D. Callocchia, Cheyenne N. Freely, Ericka N. Bennett, John Patrick Feroleto, David M. Goodman, Erin A. Tresmond

| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

LETTER FROM THE PRESIDENT

FROM THE ERIE COUNTY BAR FOUNDATION

Dear BAEC Members and Friends: What a beautiful WNY fall we have had! When I face yet another yard full of leaves to manage (or not), I remind myself that it was not long ago that we had some significant snowstorms in November and appreciate our good fortune on the weather front compared to what other regions have endured over the re- cent past. I love living here with our changing four seasons! I write this letter to you on the last Sunday in November, a bright and sunny day in the 50’s that lifted my spirits as I ran errands to prepare for Thanksgiving. The last two weeks of my job have been hard. I am sure that many of you share that sentiment. Being a lawyer is tough. We take on everyone else’s problems and try to fix them. Day in and day out, that can wear on the bounce in our step as we go into the office for another long day, trying to help others. Last Sunday, I attended a screening of attorney Dan Lukasik’s excellent film, My Brother Lost in Time: A Bipolar Life. It was a short, but powerful, film about how Dan’s brother struggled with bipolar disorder. Dan’s late younger brother, no doubt, faced many difficult days in his life challenged by his mental health issues. I reached out to Dan after the screening to thank him for his career-long work to reduce the stigma around mental illness. I told him that my mother lived with schizophrenia. She was the nicest person I have ever known, mother of eight kids, a talented artist and a college professor. It was heartbreaking when she was overtaken periodically by the disease and made even worse because none of the adults in our family acknowledged or talked to my siblings or to me about her illness while we were growing up. I have no statistics to cite regarding the percentage of lawyers who situational- ly or chronically suffer from depression and/or other mental health challenges. Even if I were to provide them here, I am certain they would be dramatically under-reported. My wish this holiday season is that we are kind to ourselves and, if we need help, we seek it without hesitation, without embarrassment and, most of all, knowing that there is no judgment, no shame in asking for help, despite the fact that we, as lawyers, are usually the ones providing it to others. There are multiple BAEC resources available for lawyers in crisis. The BAEC Lawyers Helping Lawyers program is confidential and effective for attorneys experiencing substance use disorders. Please call 716.852.1777 for their support should you ever need it. The Erie County Bar Foundation provides confidential financial assistance to attorneys managing illness, substance use disorder, job loss, community or fam- ily trauma or similar difficulties. The Foundation also collaborates closely with the BAEC’s Lawyers Helping Lawyers program and Depression Support Group, founded and led by Dan Lukasik. The Foundation operates almost exclusively with BAEC member financial support. The Erie Bar Foundation’s 2025 Campaign is open. Please consider a gift this season to support your colleagues who need our help. You can donate online through the BAEC member portal. Thank you and I wish everyone safe and happy holidays!

With the “to do” lists growing as the holiday season draws near, it is important to remember that we need to take time for ourselves. So often, as “doers” and “fixers,” we forget about our own needs. Taking a walk to reset, scheduling a long overdue medical appointment, or having a cup of coffee with a friend to simply catch up is just as important as your other items that must get done. McLean’s Guide to Managing Mental Health Around the Holidays lists six (6) signs that indicate you may be struggling. They include: 1. You are lacking in the “Holiday Spirit.” 2. You are overwhelmed by grief and loss. 3. You are feeling pressured to participate in activities but want no part of them. 4. You are stressed about giving gifts. 5. A lack of sunlight is affecting your mood. 6. You are alone or feeling isolated. As a member of the Bar Association of Erie County, you have access to our free and confidential Member Assistance Program (MAP), at (716) 681-4300 should you wish to speak with a professional. As the 2025 Campaign for the Bar Foundation kicks off, you will receive correspondence from our Campaign Chair, John Richmond. Heartfelt messages from colleagues who wish to tell you how the Foundation supported them in a time of need are inspiring. When you are considering a monetary gift to support the Foundation’s efforts, the words of Helen Keller ring true- “ The best and most beautiful things in the world cannot be seen or touched. They must be felt with the heart.” May your heart be touched knowing that your donation provides hope and help to so many. The Bar Foundation has been providing confidential assistance to attorneys in need since 1957. If you need assistance or know a friend or colleague

LAUREN E. BREEN PRESIDENT BAR ASSOCIATION OF ERIE COUNTY

HELEN FERRARO-ZAFFRAM PRESIDENT ERIE COUNTY BAR FOUNDATION

SCAN TO DONATE TO THE FOUNDATION

who does, please call Anne M. Noble at (716) 852-1777. Best Wishes for a Happy and Healthy Holiday Season!

ERIE COUNTY BAR FOUNDATION CAMPAIGN ABOUT THE ERIE COUNTY BAR FOUNDATION | November/December 2024 | BAEC Bulletin 6

BAEC Bulletin | November/December 2024 |

ERIE COUNTY BAR FOUNDATION CAMPAIGN: OUR 2025 CAMPAIGN IS UNDERWAY

The ECBF exists to do one thing: help lawyers in need. The Foundation is distinct from our Association and does not provide legal aid. We help lawyers in need—with many needs. People often ask, why do lawyers need help? The simple answer is that life often delivers the unexpected: job loss, divorce, incapacity, and serious physical or mental illness. Despite our education and high expectations of financially lucrative careers, like everyone else, law- yers experience bumps in the road. What makes lawyers different is that we are trained to serve and help others, not necessarily to ask for help ourselves. So, the Foundation is here for all of you to make sure you can get the help you need when you cannot do it all yourself. Many of the hundreds of lawyers we have helped move through their crisis and pay it forward. ECBF help is confidential. If you don’t need help yourself, you can ensure a colleague in need knows where to turn. No judgment. No shame. Ever. The Foundation relies primarily on other lawyers for funding. We conduct an annual campaign and receive memori- al contributions upon the passing of lawyers, and sometimes in celebration of lawyers. We ask that you remember your colleagues in your year-end giving and throughout the year. There is no more impactful way to honor a college than through a donation to the Foundation. Thank you for your support and love.

ECBF 2024-2025 Board of Directors Helen Ferraro-Zaffram, President Jesslyn A. Holbrook, Vice President Michael F. Perley, Treasurer

Penny B. Selmonsky, Secretary Laurie Styka Bloom, Director Terrence M. Connors, Director Carin S. Gordon, Director David E. Gutowski, Director Marianne Mariano, Director Mary Moorman Penn, Director Jeffrey M. Priore, Director John E. Richmond, Director Hugh M. Russ III, Director Kathleen M. Sellers, Director Kevin W. Spitler, Director Pamela H. Thibodeau, Director

TAKE A LOOK AT THE ERIE COUNTY BAR FOUNDATION WEBSITE

DONATE TO THE 2025 CAMPAIGN

Kelly Bainbridge, Resource Counselor Anne M. Noble, Executive Director Stephanie C. Belasik, Director of Marketing, Communications, and Operations Heidi J. Mahon, Comptroller

| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

The Bar Association of Erie County is seeking active, involved leaders to run for officer and director positions for the 2025-26 year. The Nominating Committee chaired by President Lauren E. Breen is now accepting applications from interested members of the Bar Association of Erie County for the positions of vice president, deputy treasurer and director. You may nominate yourself or other members you feel would be qualified and willing. Candidates should be able to demonstrate a history of activity within the organized bar. Vice President The vice president performs the duties of the president if he or she is absent or unable to perform the duties of the office. The vice president serves a one-year term followed by a one-year term as president. The president is the chief executive officer of the Association and presides at all meetings of the Association and all meetings of the board of directors. The president is the Association’s spokesperson. Deputy Treasurer The deputy treasurer is a member of the Finance Committee and performs as treasurer in his or her absence or inability to perform the duties of the office. The deputy treasurer serves a one-year term followed by a one-year term as treasurer. The treasurer is the Association’s chief financial officer. Director The affairs of the Association are managed by a 16-member board of directors. Four directors rotate off the board annually and four new directors are elected. Directors are elected to a three-year term and are not eligible for re-election as a director until the expiration of one year after he or she has left that position. Interested persons should send a resume along with the position title to: Nominating Committee, c/o Susan L. Kohlbacher, Bar Association of Erie County, 438 Main Street, Sixth Floor, Buffalo, New York 14202 or skohlbach- er@eriebar.org. The Nominating Committee is actively soliciting nominations from the membership. Nominating Committee Lauren E. Breen, Chair Elizabeth Kraengel Melinda R. Saran Helen Ferraro-Zaffram Samantha I.V. White Kristen Elmore-Garcia Mark R. McNamara NOMINATIONS SOUGHT FOR BAR LEADERSHIP

| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

The BAEC Board of Directors meets monthly and has been busy this fall. Below are some important updates. Please contact Lauren E. Breen (lbreen@nls.org), Brian M. Melber (bmm@personiusmelber.com), or Anne M. Noble (anoble@eriebar.org) if you have any questions or suggestions. LGBTQIA+ Committee As a result of the Board’s vote in October, the LGBTQIA+ Working Group is now a Committee of the BAEC. Andrew J. Freedman and Neil A. Pawlowski are the Chairpersons. The Committee will establish a meeting schedule for the new year. You can join the Committee by visiting eriebar.org, logging into your profile, and selecting “Your Committees.” All are welcome. Equity Audit Working Group The Equity Audit Working Group is charged with guiding the BAEC through an Equity Audit to help the Association better serve all its members. The Working Group has selected the Clementine Gold Group to assist with the Audit, a recommendation approved by the Board on December 4, 2024. Please contact Working Group Co- Chairs Carmen L. Snell (carmen.snell@highmark.com) or Sarah M. Washington (washingtons@natfuel.com) if you have any questions. Assigned Counsel Working Group The Board appointed the following individuals to serve on the BAEC’s Assigned Counsel Working Group. Ste- phen C. Earnhart, James L. Harrington, Katie Kestel Martin, Maura O’Donnell, Brian M. Melber and Kevin W. Sp- itler. Maura O’Donnell (mauraod12@gmail.com) is the Chairperson of the Working Group. The BAEC is the sole member of the Aid to Indigent Prisoners Society and has enumerated rights and responsi- bilities in the Society’s Bylaws. At this time, the BAEC Working Group is gathering member feedback regarding the Assigned Counsel Program and will assist the Board as needed in connection with Erie County’s analysis of the current structure of the Assigned Counsel Program. Other Board Action The Bar Association of Erie County is committed to diversity, equity, inclusion and being a trusted voice in the legal community. In line with this commitment, the BAEC has recently endeavored to promote equity among candidates for the New York State Bar Examination. The New York State Bar Examination is offered at four locations across the state, including Buffalo, New York. However, the Buffalo Bar Examination location does not offer non-standard testing accommodations (“NTAs”) for candidates. Examples of NTAs include extended time, live test readers, additional breaks, and reduced distrac- tion settings. NTAs are only offered at the test centers in New York City and Albany. As a result, candidates seeking admission in the Fourth Judicial Department and who require NTAs must often travel to Albany or New York City. This poses undue stress and financial burdens for candidates already struggling for equity in the Bar Examination process, particularly those located in Western New York. BAEC BOARD OF DIRECTORS UPDATE

On October 22, 2024, the Board of Directors passed its resolution to advocate for the expansion of New York State Bar Exam NTAs to include a Buffalo, New York testing location. This resolution was spearheaded by Director Cheyeene Freeley. In response to the Board’s Resolution, the BOLE has decided to offer NTAs in Buf- falo beginning with the July 2025 Bar Examination The BAEC looks forward to collaborating with the BOLE to secure a testing location for Bar Exam candi- dates requiring NTAs. The Board thanks member Ron LaPort, a dedicated advocate, for their commitment to this cause and willingness to trust the BAEC with this critical advocacy. We welcome partnership and collabo- ration with our fellow advocates and bar associations to make our shared legal community a more equitable and accessible space for all.

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| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

2024-2025 JUDICIARY COMMITTEE

COMMITTEES OF THE BAEC

Our Committees are an integral part of the Association. We are incredibly thankful to our Committee Chairs for the hard work and time they put into their Committees. We are also grateful to all our members who participate in these Committees, striving to improve and strengthen the legal profession.

Dear Members and Friends: I would like to acknowledge the extraordinary work of the BAEC Judiciary Committee, the work of which spanned about 10 months this year. Under the exceptional leadership of Chair Dan Killelea and Vice Chair Jim Harrington, this is a Committee comprised of members with diverse political affiliations and professional backgrounds to en- sure a fair process for judicial candidates supported by all political parties. The investigations that Judiciary Committee members conduct are time-consuming and require patience, ob- jectivity and confidentiality. The results of their work represent the BAEC membership’s voice in educating the public about members of our legal community who will lead all of us in the pursuit of justice should they join the judiciary. We are very fortunate to have such a high-quality judiciary in western New York and I am very proud of the BAEC Judiciary Committee’s contribution to the process that makes this possible. Thank you, Dan, Jim and all of the Judiciary Committee members for your very hard work over the past year. Hap- py Holidays!

ALTERNATIVE DISPUTE RESOLUTION COMMITTEE Chair: Katie L. Kestel Martin

The Alternative Dispute Resolution Committee educates attorneys and the public about alternative processes that exist for the resolution of disputes without resorting to litigation, and the resulting benefits and/or risks of using any such ADR procedures. This goal is accomplished by CLE programs sponsored annually by the committee, by public education programs, and by various special projects. APPELLATE PRACTICE COMMITTEE Chair: Erin A. Tresmond | Vice Chair: Robert C. Brucato, Jr. The Appellate Practice Committee focuses on the advancement and identification of issues of concern to members of the bar who are engaged in appellate practice in state and federal courts. The Awards Committee is tasked with accepting nominations and selecting recipients for awards for the Bar Association of Erie County’s two major awards events: Law Day and the Annual Awards Celebration. The awardee selections this Committee makes are then presented to the Board of Directors for approval. BY-LAWS COMMITTEE Chair: Michael A. de Freitas The By-Laws Committee provides interpretations of the By-Laws of the Association and drafts proposed amendments at the request of the Board of Directors. AWARDS COMMITTEE Chair: Gayle T. Murphy The CLE Advisory Committee oversees continuing legal education programs for the Erie Institute of Law. The Committee monitors and evaluates programs to ensure that high quality, effective and timely programs are offered to meet the professional education needs of lawyers in Western New York, and works to maintain the Institute’s position as the primary provider of CLE in the surrounding legal community. COMMERCIAL LITIGATION AND BANKRUPTCY LAW COMMITTEE Chair: Kevin R. Lelonek | Vice Chair: Thomas D. Lyons The Commercial Litigation and Bankruptcy Law Committee deals with current substantive and procedural issues concerning bankruptcy law and the bankruptcy courts and commercial and business litigation in both state and federal courts. The committee provides ongoing legal education to its members in these areas, and each year also presents both a Noonday lecture and a CLE seminar on current topics. The committee also serves as a liaison for the local bar to the United States Bankruptcy Court for the Western District of New York. CLE ADVISORY COMMITTEE Dean: Lisa M. Patterson

Lauren E. Breen BAEC President

2024-2025 JUDICIARY COMMITTEE DANIEL M. KILLELEA, CHAIR JAMES P. HARRINGTON, VICE CHAIR

Mark D. Arcara Paul A. Bender Laurie Styka Bloom Michele A. Brown Vicky-Marie J. Brunette Melissa A. Cavagnaro Ryan P. Crawford Robert J. Cutting Cecile Mathis Dorliae Spencer L. Durland James W. Grable, Jr. James P. Harrington Daniel M. Killelea Thomas F. Knab Terri L. LoTempio Joseph Matteliano

Hon. James A.W. McLeod (ret.) Timothy P. Murphy Hon. John F. O’Donnell (ret.) Gregory V. Pajak

Brian K. Parker Mark J. Peszko Scott M. Philbin Kelly E. Riley Meghann N. Roehl John K. Rottaris Kristopher M. Sigeti Pauline Costanzo Will Keisha A. Williams

COMMITTEE ON EMINENT DOMAIN AND TAX CERTIORARI Chair: Mark R. McNamara

The Committee On Eminent Domain and Tax Certiorari updates members on changes in the law and procedures in the fields. The committee invites guest speakers to meetings and produces periodic CLE seminars for Bar members.

| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

COMMITTEES OF THE BAEC COMMITTEE ON GRIEVANCES Chair: David G. Brock

COMMITTEES OF THE BAEC

HISTORY COMMITTEE Chair: Michelle Parker The History Committee is dedicated to the publicizing and preservation of the rich history of the Western New York legal community.

COMMITTEE TO ASSIST LAWYERS WITH DEPRESSION The Committee will coordinate, assist and support activities and resources dedicated to assisting lawyers in the Association who suffer from depression. The Committee on Grievances, as directed by the 8th District Attorney Grievance Committee reviews, investigates, and disposes of certain client complaints against their attorneys. For more information, please refer to the Public Services Section under Attorney Grievance Help of the BAEC website. All communication from the public about a grievance must be directed to the BAEC Executive Director Anne M. Noble or Dispute Settlement Tribunal Assistant Leslie Housh at 716-852-8687.

HUMAN RIGHTS COMMITTEE Chair: Sharon Nosenchuck | Vice Chair: Heather R. Abraham

The Human Rights Committee is concerned with human rights of people. In the past, the committee has examined the conditions of local jails, followed local cases that have human rights implications and heard from experts on the problems of refugees. JUDGES COMMITTEE Chair: Hon. Deborah A. Chimes | Vice Chair: Hon. Brenda M. Freedman The Judges' Committee promotes discussion and interchange of ideas in connection with issues of interest and concern to the judiciary.

CRIMINAL LAW COMMITTEE Board Liaison: John P. Feroleto

The Criminal Law Committee are attorneys primarily engaged in criminal practice, both defense and prosecution, who consider matters which impact on the criminal justice system and the practice of criminal law. The committee considers matters referred to it by the Board of Directors. The committee also presents CLE programs through the Erie Institute of Law and provides lecturers for the Stop-DWI assemblies.

JUDICIARY COMMITTEE Chair: Daniel M. Killelea | Vice Chair: James P. Harrington

The Judiciary Committee investigates and evaluates the qualifications of candidates for judicial office in Erie County. The ratings are made public to assist voters in selecting their choices in the general election each November.

DISABILITY LAW COMMITTEE Chair: Sarah Frederick

DIVERSITY & INCLUSION COMMITTEE Chair: Stephanie J. Calhoun | Vice Chair: Brianna Shareef The mission of the Diversity, Equity & Inclusion Committee is: (1) to educate our legal community concerning the importance of racial equity, diversity, and inclusion; (2) to support sustainable programs that foster, build, and develop a diverse legal community; and (3) to ensure the Bar Association of Erie County promotes inclusion and provides significant opportunities for personal and professional growth for all. The Disability Law Committee serves the interests of persons with disabilities by: 1) educating the legal community about the special needs of the disabled; 2) encouraging the legal representation of the disabled; 3) advocating for accessibility of services; and 4) advocating for the rights of disabled persons by monitoring legislative and judicial trends.

LABOR LAW COMMITTEE Chair: Christina Akers-DiCenzo | Vice Chair: Stephanie “Cole” Adams

The Labor Law Committee consists of attorneys involved in all aspects of labor and employment law. This includes employment discrimination law and private and public sector labor and management relations. The monthly meetings tend to be educational, usually featuring a presentation by a committee member or an outside guest speaker. LGBTQIA+ COMMITTEE Chair: Andrew Freedman | Vice Chair: Neil Pawlowski The LGBTQIA+ Committee’s goal is to foster a sense of connection and belonging for the LGBTQIA+ legal community and its allies within the 8th Judicial District.

ELDER LAW COMMITTEE Chair: Elizabeth A. Ingold

MATRIMONIAL AND FAMILY LAW COMMITTEE Chair: Donna Haslinger | Vice Chair: Shari Jo Reich

The Elder Law Committee shares information among members and the public regarding issues of major concern to the elderly and practitioners representing them. Such issues include access to health care, Medicaid, asset planning, housing, community resources and institutional placement, pension benefits, health care decision making, private and Medicare health insurance, administrative proceedings, attorneys' fees, veterans' benefits, and exploitation of the elderly.

The Matrimonial and Family Law Committee is one of the largest and most active committees of the Bar Association. Committee activities include monthly meetings featuring discussions of new substantive law, court rules and guest speakers on topics relevant to the practice. Seminars featuring presentations by experts on issues important to matrimonial practitioners are held annually.

FEDERAL PRACTICE COMMITTEE Chair: Daniel J. Brady

MEMBERSHIP COMMITTEE Chair: Jennifer M. Kimura

The Federal Practice Committee fosters an ongoing dialogue with the members of the federal judiciary who sit in this district. Each fall, the committee holds a dinner attended by all district, magistrate and bankruptcy judges from both Buffalo and Rochester. Meetings often consist of an informal discussion with one of the members of the federal bench. The committee provides regular input with respect to proposed changes to the Local Rules of Practice for the district, and conducts one major seminar each year.

The primary focus of the Membership Committee is ensuring that each and every member of the BAEC feels welcome and connected to their fellow members and to the work the BAEC is doing. They are committed to ensuring members get the most out of their membership.

| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

COMMITTEES OF THE BAEC MOCK TRIAL PROGRAM Chair: Matthew J. Fitzgerald | Vice Chair: Mitchell P. Snyder

COMMITTEES OF THE BAEC

SURROGATE'S COURT COMMITTEE Chair: Britta L. McKenna | Vice Chair: Chanel T. McCarthy

The Surrogate's Court Committee meets monthly to discuss topics of interest that affect Surrogate's practice. The Committee provides educational seminars on trust and estate issues as well as an annual Noonday Lecture. In addition, the Liaison subcommittee meets with Erie County Surrogate Acea Mosey and her court staff throughout the year to address issues of importance in Surrogate's practice.

The Mock Trial Program is tasked with organizing and facilitating the Erie County High School Mock Trial Competition. Each year, mock trial teams from various local high schools compete in mock trials. The local champion then goes on to compete on the state level.

NEGLIGENCE COMMITTEE Chair: David M. Goodman

UNLAWFUL PRACTICE OF LAW COMMITTEE Chair: Oliver C. Young

The Negligence Committee fosters cooperation between the plaintiff and defense bar in order to encourage the efficient administration of justice; updates and educates the general bar about recent developments in the field of negligence law through CLE seminars; and considers, and makes recommendations about proposed legislation affecting the practice of negligence law.

The Unlawful Practice of Law Committee seeks to protect the public against the unlawful practice of law by investigating allegations of unlawful practice. It may receive complaints, take evidence, and upon Board approval, present complaints to the State Attorney General and have charge of actions instituted by the Association for the unlawful practice of law.

PRACTICE AND PROCEDURE IN FAMILY COURT COMMITTEE Chairs: Todd J. Potter, Jr. | Vice Chair: Yvonne Vertlieb

WORKERS' COMPENSATION COMMITTEE Chair: Samuel S. Feuerstein

PROFESSIONAL CONTINUITY COMMITTEE Chair: Kevin D. Walsh The Professional Continuity Committee assists clients in obtaining other counsel when that attorney's practice is interrupted without an appropriate successor. PROFESSIONAL ETHICS COMMITTEE Chair: Elizabeth M. Midgley The Professional Ethics Committee investigates and answers inquiries concerning the Rules of Professional Conduct. The results of the investigations and a proposed opinion are reported to the Board of Directors, who make the final decision. Opinions are published in The Bulletin to provide guidance to the legal community. The Practice and Procedure in Family Court Committee serves as a communication link between the Bar Association and the bench, striving to better the quality of the practice of lawyers before the Family Court bench. The Committee features guest speakers at its meetings and produces Noonday lectures and CLE seminars.

The Workers' Compensation Committee meets periodically to discuss issues affecting practice before the Workers' Compensation Board. The Committee takes an active role in working with the Board's administration by presenting ideas and concerns of the bar as well as responding to proposed legislation and Board rules.

YOUNG LAWYERS COMMITTEE Chair: Steven B. Salcedo | Vice Chair: Olivia A. Binda

The Young Lawyers Committee consists of lawyers who have been practicing for 10 years or less. The Committee provides leadership, networking and social opportunities and periodically produces educational programs on topics of interest to young lawyers.

REAL PROPERTY LAW COMMITTEE Chair: Eric T. Vallone | Vice Chair: Dara Biltekoff Ordon

The Real Property Law Committee considers the development and practical workings of the law relating to real property, conveyancing, mortgages, foreclosures, receiverships and other related subjects.

JOIN THE BAR ASSOCIATION! The Bar Association of Erie County is currently accepting new members Benefits of being a member include: • Networking and connection opportunities with your colleagues in the legal community • Discounted rates for CLE • Leadership development opportunities on committees • Invitation to special events • Unlimited access to Fastcase/Casemaker • Access to healthcare and other valuable benefits • Public service opportunities Learn more at eriebar.org

SOLO AND SMALL LAW FIRM PRACTICE COMMITTEE Chair: Steven B. Salcedo | Vice Chair: Mary Jane R. Morley

The Solo and Small Law Firm Practice Committee is designed to provide sole practitioners and those in small law firms with a forum to discuss their practice, to discuss the day to day challenges facing today’s solo/small law firm practitioners, and to address how other solo/small firms are meeting current challenges. Topics include business development, law practice management, technology, practice area focus/specialization, human resources, and CLE programming – among others. Members of the committee enjoy a unique opportunity to network and to build and develop their practice.

| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

LIVE CLE PROGRAM CALENDAR

Bar Association of Erie County Committees

Happy Holidays from our Committees! Our Committees are active. Log in to your member portal and request to join a committee today!

Erie Institute of Law CLE programs are either being held via Zoom web conferencing or in person. For virtual programs, registrants will receive course material and Zoom link via email 1-2 days in advance of a program. Please note that some program details are not final as of publication time. For additional program details and to register, visit our website at eriebar.org/CLE. UPCOMING LIVE PROGRAMS Registrations open - log into your new member portal! All current law students can attend any live CLE program for FREE. 2024 UPDATE ON NYS CIVIL PRACTICE & PROCEDURE Thursday, December 12, 2024 9am-12pm BAEC - Sun Room Auditorium $80 for members Join Brian Gwitt & Bill Savino, partners at Woods Oviatt Gilman, for our long-running series on the updates you need with a sense of humor! This seminar will cover salient developments in statutory and case law from 2023-2024 pertaining to civil practice in New York State, with a particular emphasis on decisions from the Fourth Department. The lectures and course materials will cover a wide array of issues under CPLR, including jurisdiction, statute of limitations, service and disposi- tive motions. From past attendees: “This is my favorite BAEC CLE every year!” “Very useful information for WNY practitioner.” “Comprehensive and clever materials delivered by entertaining speakers!”

www.eriebar.org/committees

ETHICAL CONSIDERATIONS IN CRIMINAL DEFENSE- Friday, December 13, 2024 Educational program 2-4pm Happy hour reception 4-5pm Beebe’s at the Gallery – the Brisbane Building, La- fayette Square $55 for members Judge Mike Mohun (ret.) and Dan Killelea know that representation of criminal defendants isn’t all wine and roses. Beyond the countless legal and strategic hurdles, there are numerous ethical challenges unique to criminal defense work which arise on a regular basis. This CLE will seek to assist criminal defense practitioners with identifying those challenges and addressing them while still effectively representing their clients, and will hopefully help them avoid receipt of the “dreaded letter” from the Attorney Grievance Committee. Stay after the program for comradery, snacks, drinks, and exclusive access to the art gallery! Register: https://eriebar.itodcloud.com/aaeventinfo. aspx?eventid=7157&atnid=0&cart=1&mobileapp=

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| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

BAR ASSOCIATION OF ERIE COUNTY UPCOMING EVENTS

CELEBRATING DIVERSITY & HERITAGE

The BAEC joins with the Administrative Judge’s 8th Judicial District Diversity Steering Committee to celebrate diversity and recognize the heritages that make Buffalo and Western New York a stronger community. OUR HERITAGE & HISTORY CALENDAR Black History Month February Women’s History Month March Irish American Heritage Month March 26 Greek American Heritage Month March Arab American Heritage Month April Asian American & Pacific Islander Heritage Month May Jewish American Heritage Month May LGBTQIA+ Pride Month June Caribbean American Heritage Month June Immigrant Heritage Month June Disability Pride Month July French American Heritage Month July Transgender History Month August Hispanic Heritage Month September 15 Polish American Heritage Month October German American Heritage Month October Filipino American History Month October Italian American Heritage Month October Global Diversity Awareness Month October Native American Heritage Month November NATIVE AMERICAN HERITAGE MONTH National Native American Heritage Month began as an effort to recognize the significant contri- butions of Indigenous peoples to the United States. Early advocates, such as Dr. Arthur C. Parker and Rev. Sherman Coolidge, pushed for the creation of American Indian Day in the early 20th century. In 1915, Red Fox James sought state support for a day honoring Native Americans but without national success. New York established the first American Indian Day in 1916, and other states followed suit with varying dates. In 1990, President George H. W. Bush officially designat- ed November as National Native American Heritage Month, which has been annually proclaimed under various names since 1994. To learn more about Native American heritage, culture, and history visit nativeamericanheritagemonth.gov .

PLEASE WATCH OUR WEEKLY PUBLICATIONS FOR ADDITIONAL DETAILS ON OUR PROGRAMS

| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

INTRODUCING DANIELLE MAURICE, 8TH JUDICIAL DISTRICT JUSTICE COORDINATOR

This summer, Administrative Judge Kevin M. Carter and the 8th Judicial District welcomed Danielle Maurice, MSW, as their first Justice Coordinator. Justice Coordinators are stationed in each judicial district and these court team members work to ensure court users have the necessary tools and opportunities to meaningfully engage in the court process. It’s a big job and Danielle is up for it and excited to bring her passion and vision to the role. She previously served as the Erie County Youth Part Resource Coordinator- working directly with community services, the court, attorneys, and parties to support successful outcomes for adolescent and juvenile offenders and she appreciates how important collaboration and community connection can be to the effectiveness of any initiative. “That’s the immediate priority”, she shared, “Connecting with the community, and through that, continuing to build stakeholder relationships and develop a deeper understanding of the existing access and equal justice infrastructure while identifying new and emerging needs important to the communities in Western New York.” Danielle has already worked with court leadership to design and build high school internship programs, currently active in Erie and Niagara counties and soon to expand. These programs introduce students to courts as an approachable place to solve problems and open the door to the court as workplace, not just for lawyers but for those interested in technology, social work, administrative work, security and more. Through these efforts it is hoped the court staff will continue to reflect the diversity of the communities they serve. Community input is a priority as she continues to coordinate, implement, track and report on Access to Justice and Equal Justice initiatives. If you want to connect or provide input please reach out through BAEC leadership and committees or directly by email to Danielle - dmaurice@nycourts.gov.

| November/December 2024 | BAEC Bulletin

BAEC Bulletin | November/December 2024 |

ANNUAL WESTERN DISTRICT OF NEW YORK FEDERAL COURT DINNER REMARKS BY THE HON. DEBRA ANN LIVINGSTON CHIEF JUDGE, U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT September 12, 2024

our governing institutions, in particular. And advances in artificial intelligence, the authors said, together with the near exclusive reliance by some on the Internet, could further “diminish public trust [in the years ahead] as people struggle to determine what is real and what is rumor or manipulation.” In the short period that has passed since that Report issued, we now have AI- generated deep fake images, videos, even telephone or video calls to contend with. Our digital revolution, while of potentially great benefit to humanity over the long run, exacerbates political and ideological tensions today, accelerating our retreat to information silos, limiting our understanding of alternative perspectives, and prompting division over core values and goals in ways that endanger our capacity to work together on behalf of a common civic good. Justices Sotomayor and Gorsuch in recent times sounded similar themes, more specific to our judicial institutions, in a program that addressed civics education as a national security imperative. Justice Sotomayor warned that “[p]eople don’t fully understand the role of the courts.” And Justice Gorsuch expanded on that idea, noting that as to the rule of law, “we’re like [a] fish swimming in water and [the fish] doesn’t even realize it, because it’s everywhere around him . . . .” But Justice Gorsuch went on to note that when you look around the world today, the rule of law isn’t something you can take for granted. “It’s very rare. It’s very precious.” It, like democracy, only happens in special circumstances. Not that our governmental institutions, and our judicial institutions, in particular, haven’t faced such challenges before. Not long after I started teaching, Judith Kaye gave a fine lecture, Safeguarding a Crown Jewel: Judicial Independence and Lawyer Criticism of Courts, in which Chief Judge Kaye, in 1997, bemoaned that even then, technology was shrinking a complex world into readily accessed soundbites that threatened to undermine people’s confidence in the courts: “There is no time,” she said, “or taste, for anything more than someone else’s quick label, usually written in indelible ink that is impossible to eradicate.” So the problem for courts isn’t new -- what Chief Judge Kaye called the problem of “soundbite slap[s]” at judicial institutions not poised to respond -- but the digital age has exacerbated it, and in ways that are of concern to the health of our republic. Looking at the confluence of circumstances -- not only the digital revolution, but the aftermath of the pandemic, the erosion in civic education, all the many other challenges to our institutions today -- no one should be complacent that these institutions, having weathered bad times before,

will easily pass through the current digital storm. These are but some of the reasons that I think a lot about why lawyers now, as in other important times in our country’s history, must remain on call to play their special role. While, as Chief Judge Kaye mused, judges “hold up the banners of judicial dignity . . . impartiality and . . . independence,” the bar has “to hold up the other end.” Judges, she said, “do not conduct press conferences about cases; and they have no call-in radio and television programs to explain their rulings.” (We would say today, they neither post nor tweet.) But lawyers can and are needed to remind citizens about the enduring strengths of our constitutional system, and to help explain contentious decisions. For even when lawyers disagree with the ruling of a court, they differentiate, by training, between the responsible criticism that is important and useful for institutions of government and attacks that are either crudely ad hominem, or are directly intended to undermine faith and confidence in the institutions themselves. And in polarized times, it is our best and most public- minded lawyers -- lawyers who are no strangers to forensic arguments -- who are best able, setting aside their own politics and predilections, to bridge divides with contributions to the public debate that strengthen our underlying institutions by speaking, at least in some way, to the opposing concerns of fellow citizens on each side of a matter. As Dean Kronman put it, you lawyers “see facts clearly and . . . grasp the appeal of points of view one doesn’t embrace.” In so doing -- in helping citizens see past their differences and, importantly, come to understand the enduring value of their institutions -- such lawyers are the guardrails of our judicial system. Well, these are the musings of a judge who has spent many Septembers getting ready to teach a new crop of lawyers. I share them with you tonight. * * * In closing, let me return to where I began: with a thank you for your public service. The Western District of New York has a long and storied tradition. Its judges have played an important role in this nation’s history, and that role will rightly be celebrated in the upcoming year. But they couldn’t have done it -- and can’t continue to do it -- without the essential help of you, the organized bar. So on behalf of my Western District colleagues and all the judges of the Circuit, thank you for this fine evening. We look forward to working with you in the years ahead in our joint project to improve the administration of justice as stewards of our constitutional republic.

“[w]e Americans have . . . entrusted our lawyers with great powers and responsibilities and made them, to a remarkable degree, the stewards of our republic.”

Thank you so much, Chief Judge Wolford, for that kind introduction. It’s a great honor to be here tonight, with the judges of the Western District, and with all of you, esteemed members of the Western District Bar. Just a few months ago, I had the privilege, with Judges Wesley and Vilardo, to sit at the table with Terry Connors, on the night he received the Second Circuit’s American Inns of Court Professionalism Award, for his outstanding mentorship of the next generation of lawyers. It’s great to see him again tonight. And it’s great to have this opportunity to applaud tonight’s honorees. You’ve gone the extra mile in assisting the otherwise unrepresented; educating the next generation in civics and the rule of law; chairing and serving on the CJA panels and screening committees that are so essential to the Western District’s fulfilment of its judicial function. I very much appreciate your work to nurture our courts and to strengthen our country’s commitment to the rule of law. So I’m happy briefly to round out the program tonight. And I do mean briefly, because I have been made aware of the kick-off time. * * * The program tonight has put me and all of us, I expect, in mind of the special role of lawyers in sustaining our constitutional republic. I’ve taught law students for three decades now, with this thought increasingly in mind. Now, to be clear, I don’t intend to put the legal profession at the center of everything important to our country’s future in my brief remarks tonight. But at this time of year, when the seasons change and the school buses reappear, I am put in mind of how much our constitutional republic does depend on the commitment of the legal profession, in each generation, to safeguard, improve and renew our institutions and all that is best in our legal traditions. As Tony Kronman, former Dean of the Yale Law School put it, in an essay on professionalism that he wrote about 25 years ago,

The lawyers in this room are certainly aware of this stewardship. That’s why you’re here, even on the night of a Bills game. The Erie and Monroe County Bar Associations were founded, respectively, in 1887 and 1892, before the Western District had even come into being. You’ve collaborated on this dinner for more than three decades, providing an opportunity to recognize the service of your members, and to reflect on what your bar associations do to further the administration of justice. The Monroe County Bar Association takes as one of its particular missions promoting respect for and understanding of the law, and serving as the voice of the legal profession. In Erie County, your mission statement speaks similarly of achieving excellence in the practice of law and promoting respect for the rule of law. Your predecessors wanted to “elevate the standard of integrity, honor and courtesy in the legal profession and to cherish the spirit of camaraderie” among its members. And that sense of stewardship has prompted both Associations to work assiduously to promote attorney well-being, attorney education, and public access to justice. Today’s challenges to our governmental institutions can appear dispiriting. It is said that there is such polarization, that many have lost confidence not only in these institutions (including our courts) but in each other. In 2021, not so long ago, the National Intelligence Council issued its Global Trends Report, a report that it issues at the start of each new presidential administration for the purpose of assessing the global environment our country will face over the next 20- year time frame. That Global Trends Report warned, among other things, that our immersion in the digital world has increased the stress on democracies and on

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