1. Healthcare

ST
WE
N
Y
LAW FIRM
... p. 6
AS
I
O
R
S O C I AT
WCBA
FEBRUARY 2015 | VOL. 2 | NO. 2
Becoming Proactive About
CYBER
SECURITY
NT
THE WESTCHESTER COUNTY BAR ASSOCIATION’S MONTHLY MAGAZINE
BA
LAW YER
ESTER CO
U
westchester
CH
Have you renewed
your WCBA membership
for 2015?
Renew today to keep your member
benefits including:
nMonthly Westchester Lawyer magazine
n Discounted rates on over 50 CLEs and
networking events
n Build your practice by joining our Lawyer Referral
Service ... p. 20
n A collective voice at the state and national bar levels
and much more ... p. 5
Don’t miss out!
n Send in the Express Renewal form ... p. 19,
n Log in to www.wcbany.org, or
n Call Membership Services at: 914-761-3707 ext. 50
In this issue...
WCBA Annual Meeting: Registration Form,
Proxy Form and Slate of Officers
Hon. Anthony Scarpino Retires from the Bench
Revocable or Irrevocable Trusts
New Lawyers Leadership Awards Nominations
WCBA/Pace Law School CLE Collaboration
Court Reporters Help Record Veteran‘s Oral Histories
... and much more
IN THIS ISSUE…
AS
I
O
BA
R
N
Y
WE
NT
ST
ESTE R CO
U
CH
S O C I AT
WESTCHESTER
LAWYER
THE WESTCHESTER COUNTY BAR
ASSOCIATION’S MONTHLY MAGAZINE
Published by the
Westchester County Bar Association
One North Broadway, Suite 512
White Plains, NY 10601
Tel.: 914.761.3707 | Fax: 914.761.9402
Email: [email protected] | www.wcbany.org
OFFICERS AND STAFF
Dawn Kirby, Esq.
PRESIDENT
P. Daniel Hollis III, Esq.
PRESIDENT-ELECT
Stephanie L. Burns, Esq.
VICE PRESIDENT
Jon A. Dorf, Esq.
VICE PRESIDENT
Richard Vecchio, Esq.
SECRETARY
Julie Cvek Curley, Esq.
ASSISTANT SECRETARY
Kelly M. Welch, Esq.
TREASURER
David B. Bruckman, Esq., MS Tax
ASSISTANT TREASURER
Richard M. Gardella, Esq.
EDITOR-IN-CHIEF
Luis Rivera, Esq.
EXECUTIVE DIRECTOR
Michael Kremen, Esq.
DIRECTOR OF OPERATIONS
Mary Ellen McCourt
DESIGN & PRODUCTION MANAGER
BOARD OF DIRECTORS
Mayo Bartlett, Esq.
David B. Bruckman, Esq., MS Tax
Salvatore DiCostanzo, Esq.
Diana Bunin Kolev, Esq.
Hon. Michael McDermott
Stephanie Melowsky, Esq.
Tejash Sanchala, Esq.
Chauncey Walker, Esq.
Submission of material to the WCBA for inclusion in the
Westchester LAWYER, Bar Journal, Website or other
WCBA publication grants the WCBA limited copyright
and full permission to reprint the material in any WCBA
publication, on the WCBA website, or with LexisNexis
or Westlaw at any time without additional consent.
Please note that any opinions expressed in the articles
contained herein are solely those of the author(s) and
do not constitute positions taken by the WCBA.
ii I FEBRUARY 2015 I WESTCHESTER LAWYER
p. 6
p. 9
p. 10
p. 17
p. 21
p. 26
p. 14
FEATURES
2
Slate of 2015 Officers and Directors and Proxy Voting Form
3
Annual Meeting & Past Presidents Dinner Registration Form
4
Chinese New Year & Passing the Bar Event Information
5
WCBA Member Benefits Listing
6
Becoming Proactve About Law Firm Cyber Security
9
The WCBA Recognizes and Thanks the Hon. Anthony A.
Scarpino Jr. for His Service and Commitment to Judicial Excellence
By David Menken, Esq.
By Kevin H. Cohen, Esq.
10
Revocable or Irrevocable Trust: Which Trust is Better for Me and
My Family?
By Anthony J. Enea, Esq.
16
New Lawyers Leadership Awards: Call for Nominations
17
Court Reporters Volunteer to Help Record the Oral Histories
of America’s Veterans
By Debra A. Levinson
19
WCBA Sponsored U.S. Supreme Court Admission Trip 2015
20
WCBA Lawyer Referral Service Information
21
25
NYS High School Mock Trial Competition Begins in February
By Michael Kremen, Esq.
WCBA and Pace Law School Launch Partnership to Sponsor CLEs
DEPARTMENTS
1
14
18
22
24
26
28
28
President’s Message
By Dawn Kirby, Esq.
Member Spotlight: An Interview with Richard M. Gardella
By Tejash V. Sanchala, Esq. What’s Going On
CLE Center
Looking Forward
From the Back Bench
By Richard M. Gardella, Esq.
Classifieds
Advertising Rates
FROM THE PRESIDENT
BY DAWN KIRBY, ESQ.
Score One For Democracy
Welcome Newly-elected Judges
I had jury duty last week. It reminded me of what our
judicial system is like for the “civilians.” I was really quite
impressed. A judge addressed the room, thanking everyone
for their service and emphasizing how important it was for
us to participate in the judicial process.
With the events in Paris at the forefront of my mind, my
heart was full of passion for the judicial system when I
spoke on behalf of the WCBA in welcoming our four justices
to the bench at the induction ceremony on January 13th.
She reminded us that people’s liberty may be at stake—or
we may simply see ordinary people who are in court with
ordinary problems. We would be given an opportunity to
see how difficult it is to serve as a juror. However, a jury of
one’s peers is a very special right we have here in America.
I went home that weekend and glued myself to the television
set and CNN. For once, there really was “breaking news!”
I watched as a significant portion of the world marched in
Paris in support of freedom, justice, liberty, the right to free
speech, and other rights such as the right to a speedy trial,
a trial by a jury of your peers and against double jeopardy.
I was enthralled watching people from different religions,
countries, ethnic backgrounds, all standing up in unity
in support of freedom and against terrorism. They were
holding up pens, waving flags, exclaiming “Je suis Charlie!”
It rekindled in my heart the profound appreciation for the
civil freedoms and access to justice that we have in this
country. However flawed the system may sometimes be,
as attorneys and judges we are part of the backbone of
our democracy.
We have three new judges: Hon. Anne Minihan (County
Court), Hon. Rachel Hahn (Family Court) and Hon. Arlene
Katz (Family Court). We have one returning judge: Hon.
James Hubert (Supreme Court). Welcome to each of you.
Your speeches at the induction were moving. I know your
wise minds will serve us well. Thank you for your service in
presiding over justice here in Westchester County.
Congratulations to our Newly-nominated WCBA
Officers and Directors
Congratulations to our new slate of future leaders of the
WCBA! I won’t spoil the surprise. See page 2 for the full
list. See someone you know?
Join me at the Annual Meeting & Past Presidents Dinner
Please support our new slate of officers and directors by
joining me on March 4, 2015, at our annual meeting where
the WCBA membership votes on the slate of officers and
directors. If approved, they will be inducted into office at
our Annual Banquet on May 7th.
SAVE THE DATE | ANNUAL BANQUET 2015
SPONSORSHIPS ARE AVAILABLE
Thursday, May 7, 2015 | 6:00 pm
WCBA’S 117TH ANNUAL BANQUET
& Induction of Officers and Directors
All include pre- and post-event publicity in the Westchester Lawyer
and on the website.
Cocktail Reception 6:00 pm
Dinner Meeting
7:00 pm
Table of ten, seating on the dais,
outside back cover full page ad in
the Banquet Journal
2 tickets, ½ page ad in the Banquet
Journal.
Join us for our annual induction of officers and
directors with cocktail reception, dinner, address
by featured speaker and souvenir journal.
Diamond Sponsor – $4,000
1 ticket, ¼ page ad in the Banquet
Journal.
Hilton Westchester
Gold Sponsor – $2,500
699 Westchester Ave, Rye Brook, NY
Platinum Sponsor – $5,000
Table of ten, preferred seating, a
diamond border full page ad in the
Banquet Journal.
5 tickets, a gold border full page ad
in the Banquet Journal.
Silver Sponsor – $1,500
Bronze Sponsor – $750
Souvenir Journal ads are also
available.
For more information:
[email protected]
914-761-3707 ext. 50
WESTCHESTER LAWYER I FEBRUARY 2015 I 1
WCBA ANNUAL MEETING: IMPORTANT DOCUMENTS
WE
TO SERVE AS OFFICERS
President P. Daniel Hollis III
President-Elect Kelly M. Welch
Vice President Stephanie L. Burns
Vice President Richard Vecchio
Treasurer
John R. McCarron Jr.
Asst. Treasurer Wendy M. Weathers
Secretary
Diana Bunin-Kolev
Asst. Secretary Hon. Linda S. Jamieson
TO SERVE AS DIRECTORS
James L. Hyer
Andrew P. Schreiver
Hon. Robert A. Spolzino
Sherry Levin Wallach
TO SERVE ON THE 2015 NOMINATING
COMMITTEE
Julie Cvek Curley
Jody Fay
Lucille Fontana
Kyle-Beth Hilfer
Dawn Kirby
Jerold R. Ruderman
Nancy Rudolph
ATTENTION ALL CHAIRS AND CO-CHAIRS
N
Y
AS
I
O
BA
R
The following slate of officers and directors will be voted
on by the membership at the Annual Meeting of the
Westchester County Bar Association on
Wednesday, March 4, 2015.
ESTE R CO
NT
2015 SLATE OF DIRECTORS AND OFFICERS
CH
U
The Nominating Committee of the WCBA announces the
ST
List of Nominees, Proxy, Chairpersons Reports Due
S O C I AT
WESTCHESTER COUNTY
BAR ASSOCIATION
________________________________
PROXY*
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned, an active member in good standing of THE
WESTCHESTER COUNTY BAR ASSOCIATION, hereby acknowledges receipt of NOTICE OF ANNUAL MEETING
OF THE WESTCHESTER COUNTY BAR ASSOCIATION to
be held Wednesday, March 4, 2015, and by these presents does constitute and appoint President and Immediate Past President as alternate and each of them,
attorneys and agents with power of substitution, as
his or her proxy to attend the Annual Meeting of the
WESTCHESTER COUNTY BAR ASSOCIATION to be held
at seven o’clock in the evening on that date at the
MAMARONECK BEACH AND YACHT CLUB, MAMARONECK,
NY, or any adjournment thereof, with full and complete
power to vote and act in the undersigned’s name and
stead in the manner and with the same power and effect as if the undersigned were personally present at
such meeting, hereby revoking any and all other proxies
heretofore given by me to any persons whatsoever.
________________________________________
Sign Full Name
________________________________________
Print Full Name
Date ______________________, 2015
Annual Section and Committee Reports were
due January 30, 2015.
Please RETURN signed PROXY
Please send your reports as a PDF or WORD document to Mike Kremen at [email protected] as soon
as possible! Thank you!
via email to [email protected]
2 I FEBRUARY 2015 I WESTCHESTER LAWYER
by February 23, 2015
or Fax (914) 761-9402
2015
Thanks to our Platinum Sponsors
WE S T CHE S T E R C O U N T Y B AR ASSOC IATION
Hudson Valley Bank
Annual Meeting
Shamberg Marwell Hollis
Andreycak & Laidlaw, P.C.
& PAST PRESIDENTS DINNER
Wednesday, March 4, 2015
MAMARONECK BEACH & YACHT CLUB
555 S outh B arry A venue , M amaroneck , NY
We invite you to join us for our
cocktail reception and dinner
honoring our Past Presidents and
conducting our Annual Meeting and
election of officers and directors.
WCBA
COCKTAIL RECEPTION: 6:00 pm
DINNER MEETING: 7:00 pm
Honoring: Hudson Valley Bank
This year the WCBA is pleased to acknowledge and thank Hudson Valley Bank
for its ongoing loyal and generous support of the Westchester County Bar Association. Each year the Bank’s numerous sponsorships allow us to provide a
diverse group of offerings to our members including CLEs, weekly eblasts and
networking events. Hudson Valley Bank has supported the Association’s banking needs with exemplary levels of service.
Tickets:
$75 on or before February 25
$90 after February 25
Table of Ten:
$650 on or before February 25
$750 after February 25
Sponsorship opportunities are still available. All sponsorships
include pre- and post- event publicity in the Westchester Lawyer magazine, in
e-news and on the website.
Diamond Sponsor:$4,000: 10 tickets plus full page ad in the Magazine
Gold Sponsor:
$2,000: 5 tickets plus half page ad in the Magazine
Silver Sponsor:
$1,000: 2 tickets plus quarter page ad in the Magazine
Bronze Sponsor: $ 500: 2 tickets plus business card ad in the Magazine
Reservation and Payment Information
q I would like to make ______ reservations.
q I would like to reserve a Table of Ten.
q I would like to be a sponsor. (For information: [email protected])
Name_________________________________________________
Email_________________________________________________
Firm _______ ___________________________________________
Bus. Phone _____________________________________________
Section & Committee
Co-chair Reports Due:
Committee/Section Reports
were due January 30, 2015.
Please submit as soon as possible.
__ Tickets: $75 ea. (before Feb. 25)
__ Tickets: $90 ea. (after Feb. 25)
__ Table of Ten: $650 (before Feb. 25)
__ Table of Ten: $750 (after Feb. 25)
$ __________
$ __________
$ __________
$ __________
Sponsorships
__ Diamond:
__ Gold: __ Silver: __ Bronze: $4,000
$2,000
$1,000
$ 500
Total Enclosed $ __________
$ __________
$ __________
$ __________
$ __________
Name(s): (For a table of 10 please submit names on a separate sheet)
PHONE
EMAIL
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
METHOD OF PAYMENT: CHECK ENCLOSED $__________ OR CHARGE $ _______ q MASTERCARD q VISA q AMERICAN EXPRESS q DISCOVER CARD
CARD NUMBER __________________________________________________________________________ EXP. DATE _________ SEC. CODE ___________
CREDIT CARD BILLING ADDRESS _______________________________________________________________________________ ZIP CODE ____________
NAME ON CARD ________________________________________________________________________________________________________________
How to submit this application and payment
ONLINE: go to our website Calendar at wcbany.org. EMAIL: scanned form to [email protected]. FAX: form to: 914-761-9402
MAIL: form and check made out to: “WCBA” TO: WCBA, One North Broadway, Suite 512, White Plains, NY 10601
WESTCHESTER LAWYER I FEBRUARY 2015 I 3
The Elder Law Committee, the New Lawyers Section and
Pace Law School’s Office of Development and Alumni Relations present
Two Annual Networking Events in One!
&
Thursday, Feb. 26, 2015, 5:30 pm-7:30 pm
Chinese New Year
Passing the Bar
Lawyers and professionals
serving the elder care industry
You’ve recently passed the
NY, NJ or CT State Bars!
The Elder Law Committee invites you to join them
for the fifth annual Chinese New Year reception
and dinner. A proven fun time for all.
The WCBA’s New Lawyers Section and
Pace Law School cordially invite you to join us
and celebrate this achievement.
Elder law attorneys, affiliate members who are providers to the elder care industry,
members of the judiciary and recently admitted attorneys...
Join us for a fun time! Celebrate and network while enjoying great food
in a warm and inviting atmosphere.
Tickets: (includes dinner)
$35 before Feb. 19
$50 after Feb. 19
New Location!
Red Plum Restaurant
SPONSORSHIPS AVAILABLE
Contact [email protected]
Golden Fortune $500
Silver Success
$250
91 Mamaroneck Ave.
White Plains, NY
REGISTRATION FORM
ONLINE: go to the Calendar on our website, www.wcbany.org
MAIL: form and check made out to “WCBA” to: WCBA, One North Broadway, Suite 512, White Plains, NY 10601
EMAIL: this scanned form to [email protected]. FAX form to: 914-761-9402
NAME(S) _______________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
EMAIL _________________________________________________________ BUS. TEL. _______________________________________________ _______
FIRM___________________________________________________________________________________________________________________________
METHOD OF PAYMENT: CHECK ENCLOSED $_________ OR CHARGE $ _______ ❑ MASTERCARD
❑ VISA
❑
AMERICAN EXPRESS
❑ DISCOVER CARD
CARD NUMBER __________________________________________________ EXP. DATE _____________ SEC. CODE ______________________________
CREDIT CARD BILLING ADDRESS ____________________________________________________________ ZIP CODE _______________________________
NAME ON THE CARD _____________________________________________________________________________________________________________
4 I FEBRUARY 2015 I WESTCHESTER LAWYER

W C B A M E M B E R B EN EFITS
BUSINESS DEVELOPMENT/COACHING &
STRATEGY
MARKETING PARTNERS: WCBA
members receive the friends
and family discount on coaching, training or
retreat planning. Contact Carol Schiro
Greenwald at 914-834-9320.
CREDIT CARD PROCESSING
CYNERGY DATA: WCBA members receive discounted rates
that average 20% below current industry
rates. For a free rate comparison contact
Dr. Alan Guber at 914-329-0280 or
[email protected].
COURT REPORTING
DALCO REPORTING: 20% off
court reporting services, courtesy of DALCO
Reporting, for new WCBA members on your
first deposition scheduled.
Contact 914-684-9009.
HEALTH, FITNESS & WELLNESS
HEALTHY FIT FOR WOMEN: $0 Enrollment on Annual Membership (Save $199) at
Healthy Fit for Women in Mamaroneck.
Contact Jane Neilsen at 914-670-0600.
THE WHITE PLAINS YMCA offers
20% off Adult and Household I & II
membership rates and waiver of the Joiner’s
fee. Contact Linda Dilazzaro 914-949-8030 /
www. whiteplains.ymca-cnw.org.
INSURANCE
The following are the WCBA’s preferred
insurance vendors, who offer WCBA members discounted rates, special programs and
superior service. For more information visit
our homepage at www.wcbany.org.
Group Health & Employee Insurance
Charles Newman CLU, the local insurance
agent for the WCBA, is available for consultation in Hawthorne at 914-345-1000 or email
[email protected].
Access to group health insurance and
employee benefits through The Charles J.
Newman Co. Contact Charles J. Newman CLU
at 914-345-1000 or email him at chuck@
charlesnewman.com.
Home, Auto & Umbrella Coverage
Home, auto, valuable articles, and umbrella
liability insurance through ACE Private Risk
Services, contact Jeff Pitcher at (914) 3812040 (ext.13) or [email protected].
Long Term Care
Long Term Care Insurance through New York
Life Insurance, contact Lucy Banko at 914253-7214 or [email protected].
SPECI AL DISCOUNTS ON ESSENTIAL PRODUCTS AND SERVICES
Vision Coverage
WCBA Vision Plan through VSP. For more
information contact Irene Walton at 800952-4050 ext. 4765.
PAYROLL PROCESSING
Term Life Insurance
Up to $1million of coverage available.
Call Plan Agent, Gallagher Bolinger email
[email protected] or call
800-952-4050.
POSTAL SERVICES
PAYCHEX: 25% off Payroll Services.
Contact Chris Dress at 914-646-5860.
LAW PRACTICE MANAGEMENT:
BILLING
ANDREA PRIGOT: We offer WCBA members
a 20% discount on new licenses of PCLaw,
Time Matters and Billing Matters – for new
customers only. Contact Andrea Prigot at
914-738-9148.
LEGAL PUBLICATIONS & RESEARCH
LEXISNEXIS: 20% off new
purchases including ONLINE and PRINT materials. WCBA members receive 20% off the purchase of on-line research for new subscribers;
20% off of Matthew Bender guide books and
treatises and other print titles.
Contact Dan Zilker: at 914-293-7444 or
[email protected].
WESTLAW: Members receive
17-25% off new WestlawPro Subscriptions
and 20% off Westlaw Titles. Contact Charles
Heggers at 914-309-9070.
UNITED PARCEL SERVICE: Exclusive
access to the UPS Savings Program
which provides great discounts on
UPS domestic air and international services.
By enrolling in the UPS Savings Program, you
can save up to 26 percent on these services.
Enroll at http://savewithups.com/wcba/
PROFESSIONAL OFFICE SPACE &
VIRTUAL OFFICES
STARK OFFICE SUITES: Full-time
office space and virtual office plans.
Locations: Westchester: White Plains,
Scarsdale, Rye Brook, Harrison & Mt. Kisco
CT: Greenwich & Stamford
NYC: 60 E. 42 St., One Grand Central Place
We will waive the set up fee for any program
for WCBA members.
Contact Tracey Di Brino at 914-220-8390, or
[email protected].
PROCESS SERVER
INTER COUNTY JUDICIAL SERVICES
Significant Discount for Process Service for
WCBA members. GPS tracking on all attempts statewide. Call 914-328-1069. Please
mention you are a member when calling.
LEGAL SOFTWARE
FINEST SERVICES: 10% off
process serving. Call 845-268-8138 and
please identify yourself as a member when
you place the order.
MYCASE: is the premier all‐in-one
web-based legal practice management software. MyCase offers features that seamlessly
cover all the daily functions that a modern
solo and small law firm requires. With this
cloud-based software, lawyers can work from
anywhere at anytime, significantly increasing
productivity.
Legal Process Services & Investigations
AND MANY MORE WCBA EXCLUSIVES
Current pricing is $39/month for attorneys
and $29/month for paralegals and staff. MyCase will offer a 10% off lifetime discount to
WCBA members. www.mycase.com.
Contact: Stephanie Phelan at 805-364-5727;
[email protected].
OFFICE SUPPLIES
WB MASON: WCBA members
receive special discounts on office supplies,
coffee, water, snacks and office furniture. Located in Stamford, CT WB Mason offers free,
next day delivery with no minimum order
size on all of your supply needs.
Contact Walter Eisenberg at 914-804-1067,
[email protected] or your
local sales rep and mention, “WCBA Member
Benefits.”
„„ More than 50 WCBA CLE programs each year, for free and/or at reduced rates. Usually at less than $25 per credit hour!
„„ More than 50 active committees &
sections to advance your career
„„ Access to members only web pages
„„ A bi-weekly e-newsletter with current listings of CLEs and events
„„ Free subscription to Westchester Lawyer Magazine
„„ Free subscription to the Westchester
Bar Journal
„„ A collective voice at the state and
national level
„„ Numerous social events & activities providing unique networking opportuni-
ties, including: Meet the Judges
Reception, BBQ & Blues Party,
Annual Golf Outing, Happy Hour socials
„„ Eligibility to participate in the ABA
retirement program
„„ Fee dispute resolution & mediation programs
For more information visit the “Member Benefits” section of our website or contact [email protected]
WESTCHESTER LAWYER I FEBRUARY 2015 I 5
BECOMING PROACTIVE ABOUT
LAW FIRM
CYBER
SECURITY
BY DAVID MENKEN, ESQ.
“During the early morning hours of June 27, 2014, a hard drive
containing backup files for one of the firm’s servers was stolen from
the locked trunk of an employee’s vehicle…. We have confirmed
that the hard drive may have contained your name, birthday, Social
Security number, driver’s license number and contact information,
such as your home address, email and phone number.”1
This breach did not happen to a big-box store. It happened to a
criminal defense law firm in California,
and the admission was in a letter to
“Late Tuesday night Seattle Public Schools learned that a law firm
an undisclosed number of people,
retained by the district to handle a complaint against the district
presumably current clients, past clients,
inadvertently sent personally identifiable student information to
employees, and any other individual
an individual involved in the case. The district promptly removed
whose personal information was stored
the law firm from the case….”2
in the stolen hard drive, apparently in
unencrypted form.
The “personally identifiable information” was apparently sent to
just one unauthorized person, but the client was compelled to write
to every parent and the law firm was fired.
T
hese are not isolated incidents. Law firms are
increasingly becoming targets of hackers who
realize that lawyers, while mostly good at being
lawyers, are often terrible at securing their data. The
ABA Cybersecurity Legal Task Force estimated that 80
percent of the 100 largest U.S. law firms were subject to
successful data breaches by malicious intruders in 2011.
6 I FEBRUARY 2015 I WESTCHESTER LAWYER
That year, the U.S. government labeled New York City’s
200 largest law firms “the soft underbelly” of hundreds
of corporate clients.3 The Ponemon Institute recently estimated that the
average cost of a data breach to a company is $3.5
million.4 Direct costs of a breach include client and
employee notification (plus notification to anyone else
whose personal information was compromised, such as
individuals disclosed in discovery), investigation expense,
crisis management, costs of legal defense, and civil and
regulatory liability which can include damages, fines and
penalties. Indirect costs can eclipse direct costs when one
includes negative publicity, damaged goodwill and eroded
client and employee confidence.
LAWYERS ARE OBLIGATED TO PROTECT
CONFIDENTIAL INFORMATION
Rules 1.1 and 1.6 of the ABA Model Rules (which have
their counterparts in the NY Rules of Professional Conduct)
speak directly to confidentiality and clearly confidentiality
depends on strong data security.
Rule 1.1, regarding attorney competence, provides that “[a]
lawyer shall provide competent representation to a client.
Competent representation requires the legal knowledge,
skill, thoroughness and preparation reasonably necessary
for the representation.”5 Note 8 to that Rule specifically
provides that “[t]o maintain the requisite knowledge and
skill, a lawyer should keep abreast of changes in the law
and its practice, including the benefits and risks associated
with relevant technology....”6
Rule 1.6(c) provides in pertinent part that “[a] lawyer
shall make reasonable efforts to prevent the inadvertent
or unauthorized disclosure of, or unauthorized access to,
information relating to the representation of a client.”7
WHAT IS A DATA BREACH?
New York law defines a data breach as the “unauthorized
acquisition … of computerized data that compromises the
security, confidentiality, or integrity of personal information
maintained by a business.”8 “Personal information” is “any
information concerning a natural person which, because
of name, number, personal mark, or other identifier, can
be used to identify such natural person.”9
Forty-seven states, DC, Guam, Puerto Rico and the Virgin
Islands have enacted laws requiring private entities or
the government to notify individuals of security breaches
involving personal information. Under New York’s data
breach notification law,10 even if only one New York resident
is to be notified, the breached entity must also inform the
Attorney General, the Department of State and the State
Police. Plus, if more than 5,000 New York residents are
notified at one time the three consumer reporting agencies
must also be notified.
(continued on page 12)
Best Practices for Data Security
1. Encrypt sensitive information, especially if it contains
data protected by Federal (such as HIPAA) or State law,
and especially if it can leave the building physically or via
an unsecured network. Encryption is a safe harbor under
most data breach laws, including New York’s.11
2. Conduct a cyber audit, adopt a written information
security program, and plan now on response to a data
breach, so that you can respond expeditiously and
confidently, and minimize your damages—if it happens
to you. That means knowing how to stop the breach,
who to call for help, and when and how to notify clients,
colleagues, your insurer and the authorities.
3. Implement a “Bring Your Own Device” policy. Devices
that are not dedicated exclusively to the office should be
subject to a “Bring Your Own Device” policy that strictly
monitors access to the firm’s network and mandates
up-to-date security controls.
4. If you store data in the cloud, as permitted with
conditions by NYSBA Ethics Opinion 842 (9/10/10),12 take
“reasonable care” to ensure that the service you use is
secure.
5. Train and re-train employees to be cyber-security aware
so that they become barriers to entry by crooks and do
not intentionally or inadvertently cause the removal
of personal information from the workplace or via
unsecured wireless connections.
6. Develop robust disposal policies of paper and electronic
files and also of equipment. Sanitize USB and hard
drives before they are discarded. Photocopiers and
fax machines have hard drives that contain scans of
documents that pass through them, so find out what the
copier guy does with the hard drive after the machine is
wheeled out the door.
7. Develop minimum security standards. If practical,
stipulate with opposing counsel to the redaction of
personal information (such as social security numbers)
that cyber thieves would find more important than the
parties. If not possible, stipulate to minimum security
standards.
8. Consider carrying cyber insurance that will require
implementation of best security practices.
WESTCHESTER LAWYER I FEBRUARY 2015 I 7
SPONSORSHIP OPPORTUNITIES ARE AVAILABLE
To discuss sponsoring a CLE or other event, please contact
[email protected]
8 I FEBRUARY 2015 I WESTCHESTER LAWYER
On the Occasion of His Stepping Down From the Bench...
The WCBA Recognizes and Thanks the
Hon. Anthony A. Scarpino Jr. for His
Service and Commitment to Judicial
Excellence
BY KEVIN H. COHEN, ESQ.
A
fter 14 years as Westchester
County Surrogate, the Hon.
Anthony A. Scarpino Jr. has
announced that he is stepping down
from the bench, effective January
31, 2015. The Westchester County
Bar Association would like to thank
Judge Scarpino for the significant
contributions he has made to our
community.
The Trusts and Estates Section is
particularly appreciative of his involvement with the Section, which
extended well beyond his learned,
thoughtful approach from the bench.
Judge Scarpino was exceedingly receptive to the concerns of the Bar
and worked hard to resolve any issues addressed by the Trusts and Estates Section. Despite recent cuts in
Surrogate’s Court personnel, Judge
Scarpino and his staff remained
dedicated in their service to the
community. His genuine care and
appreciation for the attorneys practicing before him was always apparent. He collaborated with the Westchester County Bar Association and
Chief Clerk Joseph Accetta to implement an informative continuing legal education program at the Surrogate’s Court, which was free of cost
and open to attorneys of all levels.
Through these programs, practitioners were able to better understand
Surrogate’s Court practice and gain
valuable insight on issues relevant
to trusts and estates attorneys. The
quarterly seminars ensured that
guardians ad litem appointed by
the judge were qualified to serve.
Due to his efforts, the eligibility and
participation of guardians ad litem
in this county has expanded to over
700 attorneys.
Judge Scarpino’s educational efforts did not stop with legal practitioners. While serving as Surrogate,
he expanded the court’s work with
interns to include not just law students but also high school and college students with an interest in
law. The internship program was a
success as it was not uncommon for
trusts and estates attorneys to hire
one of the interns directly from the
court.
Furthering his community involvement and his interest in education,
Judge Scarpino is an adjunct professor at Pace University Law School
where he is also a member of the
board of visitors. In addition, he
teaches at Mercy College, West-
chester Community College and at
Iona College’s Criminal Justice Department.
He has been recognized by many
organizations including the Westchester County Bar Association,
the Westchester Women’s Bar Association, the Columbian Lawyers
Association and Iona College for his
achievements, his service to the legal
community and his pro bono service.
The Westchester County Bar Association, and in particular the Trusts
and Estates Section, thanks Judge
Scarpino for his tremendous service.
He has served as an exemplary leader in Westchester County. His legacy
will endure through the changes he
has implemented and the people
he has touched through his work
throughout the county.
Kevin H. Cohen, Esq., is the managing
member of the Law Offices of Kevin H. Cohen, P.C. which focuses on all aspects of
trusts and estates law. Mr. Cohen is a cochair of the Westchester County Bar Association's Trusts and Estates Section and is
the Ninth Judicial District Representative
for the New York State Bar Association's
Trusts and Estates section.
WESTCHESTER LAWYER I FEBRUARY 2015 I 9
REVOCABLE OR IRREVOCABLE TRUST:
WHICH TRUST IS BETTER FOR ME AND MY FAMILY?
BY ANTHONY J. ENEA, ESQ.
M
y clients always ask me
whether an irrevocable trust
is better than a revocable living trust and vice versa. To their dismay the answer is that one is not better than the other, that they are both
excellent estate and elder law planning tools and depending on what
unfettered control over the assets
transferred to the trust during his or
her lifetime. He or she can also specify to whom and in what amounts/
percentages the assets titled in the
trust are to be distributed upon
his or her demise. At death of the
creator(s) the revocable trust be-
without court intervention required
with the probate of a last will & testament. The revocable living trust in
essence can accomplish all that is
accomplished with the use of a last
will & testament while avoiding the
necessity of probate.
The one essential for the effec-
The avoidance of the probate process and associated legal fees, costs
and delays is the primary reason for the use of a revocable living trust.
their objectives are they both can be
of significant value when used as part
of their planning.
A revocable living trust is a trust
agreement that is amendable and
revocable during one’s lifetime. The
creator(s) of the trust can be both
the creator and the sole trustee
(alternate trustees can be appointed). Thus, giving him or her full and
10 I FEBRUARY 2015 I WESTCHESTER LAWYER
comes irrevocable, and thus, the assets titled in the name of the trust
will not be subjected to probate
upon his or her death.
Upon the death of the creator(s)
the named trustees of the trust will
then be able to make payments of
the decedent’s bills, taxes and expenses and make distributions to
the named beneficiaries of the trust
tive utilization of a revocable trust is
that one’s assets, such as bank accounts, stocks, bonds and real property (house, condo, co-op) must be
titled (re-titled) in the name of the
trust. The trust does not control assets which are not titled in its name.
The revocable living trust also has
added advantages of allowing the
alternate named trustees to man-
age the trust assets in the event the
creator of the trust becomes incapacitated or disabled.
However, the revocable living
trust is not the vehicle to be utilized
if your goal is to protect assets from
the cost of long term care (in home
care and/or nursing home) as the assets titled in its name are considered
available resources for purposes of
ed and/or revoked by the creator,
and neither the creator and his or
her spouse should be appointed as
trustee of said trust.
The primary purpose of the irrevocable medicaid asset protection
trust is to shelter assets so that if
one needs home care and/or nursing home care services in the future
that the assets titled in the name of
to reside in and utilize any real property transferred to the trust during
their lifetime. The trust creator will
continue to be able to utilize any tax
exemptions available such as STAR,
senior citizens and veterans and will
also be available to take advantage
of the personal residence exclusion
for income tax purposes in the event
the residence is sold.
Perhaps, the most common irrevocable trust being utilized by seniors
today is an irrevocable medicaid asset protection trust...
Medicaid eligibility, and Medicaid
can impose a lien/claim against the
assets titled in the name of the revocable living trust.
The avoidance of the probate process and associated legal fees, costs
and delays is the primary reason for
the use of a revocable living trust.
With respect to the irrevocable
trust, there are various types of irrevocable trusts with differing purposes and objectives. For example,
if you want to gift assets during your
lifetime to a trust to be used for
the benefit of your children and/or
grandchildren an irrevocable trust
might be an appropriate vehicle.
If you have a disabled child and/or
grandchild, an irrevocable special
needs trust is often utilized. If you
have significant life insurance assets and do not want the assets to
go outright to the beneficiary, and
do not want the life insurance death
benefit to be part of your taxable
estate, an irrevocable life insurance
trust is often utilized.
Perhaps, the most common irrevocable trust being utilized by seniors
today is an irrevocable medicaid asset protection trust also referred to
as an irrevocable income only trust.
Unlike a revocable living trust, this
irrevocable trust cannot be amend-
the trust are not counted as available resources for purposes of Medicaid eligibility and are not resources
against which Medicaid has a claim
and/or lien against for the value of
the series they have provided.
The transfer of assets to the irrevocable trust will disqualify the creator
of the trust and his or her spouse
from eligibility for nursing home
Medicaid, (not home care Medicaid) for five years (“the look back period”). However, once the five years
have elapsed, the assets in the trust
are no longer available resources for
purposes of Medicaid eligibility and
Medicaid cannot file a claim and/or
lien against the trust assets.
This trust is ideal for individuals
wanting to protect their home and
a portion of their life savings against
the ravages of the cost of long term
care. With the average cost of a
nursing home in the New York metropolitan area being in excess of
$15,000.00 per month, failing to do
so can have dire consequences.
Unlike the revocable trust, this
trust does not allow the trustees
to distribute the trust principal to
or for the benefit of the creator(s).
However, the trust creator(s) can
receive any income generated by
the trust assets and have the right
Additionally, while the trustees
cannot distribute trust principal to
the creator(s), the creator(s) can
give the trustees the power to distribute principal and income to their
children and others. This can be of
value if access to the trust principal
is ever needed.
Like the revocable trust, the assets
titled in the name of the irrevocable
trust will not be subjected to the
probate process.
As can be seen from the above,
it is really not a question of which
trust is better, but a question of
one’s comfort level and the goals
and objectives one is seeking to accomplish.
This article was previously published in
the Westchester County Business Journal.
Anthony J. Enea, Esq., is the managing
member of Enea, Scanlan & Sirignano,
LLP. He is a past president of the Westchester County Bar Association and is
the president of the Westchester County
Bar Foundation. Mr. Enea is the immediate past chair of the Elder Law Section of
NYSBA, is a past president and a founding
member of the New York Chapter of the
National Academy of Elder Law Attorneys
(NAELA) and is a member of the Council
of Advanced Practitioners of NAELA.
WESTCHESTER LAWYER I FEBRUARY 2015 I 11
CYBER SECURITY
(continued from page 7)
There is another important entity to notify of a data breach:
the malpractice insurance carrier. There must be few calls
less desirable to make than that to the malpractice carrier,
putting it on notice of a data breach, especially if the breach
was reasonably avoidable.
WHAT LAWYERS NEED TO DO
Risk of a breach can never be entirely prevented, but it can
be minimized by exercising proper security precautions. It
would be wise, therefore, to consider adopting the steps
as “best practices” from a data security perspective listed
in the box on page 7.
Safeguarding information simply makes good business
sense. When our clients and our colleagues see that we care
about the security of their personal information we increase
their confidence in us as individuals and as a profession.
ENDNOTES
1 http://www.databreaches.net/law-firm-notifies-employeesafter-vendors-server-accessed/.
2 http://www.seattleschools.org /modules/cms/pages.
phtml?sessionid=&pageid=320090
3 http://www.sddt.com/reports/article.cfm?RID=955&SourceCo
de=20130916cwa&_t=Make+sure+your+attorney+protects+yo
ur+personal+information#.VH4kI6x0z_Q
4 http://www.ponemon.org/blog/ponemon-institute-releases-
12 I FEBRUARY 2015 I WESTCHESTER LAWYER
2014-cost-of-data-breach-global-analysis
5 http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/
rule_1_1_competence.html.
6 http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/
rule_1_1_competence/comment_on_rule_1_1.html. Emphasis
added.
7 https://www.google.com/search?sourceid=navclient&aq=
&oq=aba+model+rules+1.1+note+8&ie=UTF-8&rlz=1T4GG
HP_enUS438US438&q=aba+model+rules+1.6&gs_l=hp..3.4
1l1066.0.0.2.28194...........0.
8 N.Y. Gen. Bus. Law §899-aa(1)(c).
9 N.Y. Gen. Bus. Law §899-aa(1)(a).
10 N.Y. Gen. Bus. Law §899-aa(8).
11 A NYSBA ethics opinion recently advised that a law firm may
give its lawyers remote access to client files, so they can work
at home, only if the firm determines that the particular technology used provides reasonable protection to client confidential
information or if the client gives informed consent. NYSBA Ethics
Opinion 1019 (8/24/14).
12 NYSBA Ethics Opinion 842 (9/10/10).
David Menken, Esq., advises clients on matters involving information technology, privacy and data security at Smith, Buss & Jacobs,
LLP. He was founder and first chair of the WCBA’s Intelectual Property Committee. He can be reached at [email protected].
Refer the case to a Florida law firm you can trust.
25% referral fee paid in accordance with Florida Bar Rules
See our website for client testimonials and our credentials.
1-800-GOLD-LAW · 800GOLDLAW.com
Auto Accidents · Premises Accidents · Medical Malpractice
Nursing Home Neglect & Abuse · Wrongful Death
Heart Attacks in Public Places
S E R V I N G S O U T H F L O R I D A · M A I N O F F I C E : W E S T PA L M B E A C H
For Personal Attention, please Call Tom Copeland, Marketing Director,
with your Florida Personal Injury Case Referrals at (561) 697-4440.
Follow the President on Twitter
Craig Goldenfarb
@WCBApresident
WESTCHESTER LAWYER I FEBRUARY 2015 I 13

MEM B E R S P O TLIG H T
Richard M. Gardella, Esq.
WCBA Past President (1997-1999)
WCBF Past President
Editor-in-Chief of this Magazine
WCBA member for 42 years
Current job and type of practice: Of
counsel to the firm of Bertine, Hufnagel,
et al. and of counsel to Wayne D.
Esannason, village attorney of the Village
of Scarsdale. The focus of my practice is
municipal law.
Why I wanted to be a lawyer: My late
brother, Judge George J. Gardella, urged
me to become a lawyer. It took him nine
years to get me to go to law school. I
was happy as a newspaper reporter
and editor, but eventually I decided I
needed new challenges and followed
my brother’s urging.
My mentors in the legal field: The late
Mort Zucker and the late Judge John Heeee’s out! P l ay i n g f i rst b a s e i n
Holden — both were members of the Cooperstown, NY, in 2014.
position was soon followed by my
City of White Plains Law Department.
assumption of the Scarsdale Village
A turning point in my legal career:
Attorney position and a legal career
A New Jersey recruiter contacted me
devoted to municipal law.
about an opening as corporation counsel
for the City of Rye. The taking of that Some of my successes include: My first
In this column, Board Member and Labor
& Employment Law Committee Co-chair
Tejash V. Sanchala, Esq., interviews members
about their experiences and insights.
Tejash welcomes your comments and suggestions for future columns. He can be reached at
[email protected].
appeal before the Appellate Division,
Second Department, not only resulted
in the reversal of a murder conviction for
my assigned client, but the unanimous
court also dismissed the charges. Three
decade long litigation battles involving
land use also ended favorably. Two
in Rye involved the preservation of
the Jay Mansion and the building of
senior citizen housing. One in Scarsdale
involved the sale of land by the village.
The land had been gifted to the village
by the late Harry Winston, the famous
jeweler.
The last thing I did to improve
my skill set as a lawyer: Attending
an IMLA conference in Baltimore,
Maryland, in September. IMLA stands
for International Municipal Lawyers
Association. Attendance at such
conferences broadens my contacts
and exposes me to new municipal law
developments.
WCBA’S CONFERENCE ROOM IS AVAILABLE!
HALF-DAY RATES:
$ 75 / WCBA members
$125 / Non-members
For information:
[email protected]
914-761-3707 x 10
14 I FEBRUARY 2015 I WESTCHESTER LAWYER
If I were not practicing law, I would be:
A struggling novelist.
of being true to myself and expressing
the certainty I felt. Another time a lawyer
friend scolded me, pointing out that the
trial was not about me, but about my
client. I had expressed worries to him
about an upcoming trial.
People may be surprised to learn:
That I became a professional writer in
the Army.
What I splurge on: My baseball habit.
I will travel anywhere to play first base.
The best hour of my day is: Dinnertime
Favorite movies: It’s a Wonderful Life
with James Stewart; Scrooge with
Alastair Sim; Tunes of Glory with Alec
Guinness, and Glory with Morgan
Freeman and Denzel Washington.
My favorite vacation spots: Ogunquit,
Maine, and Wind Whistle, South Island,
New Zealand.
Three things I can’t live without: My
family (which includes my wife, two
sons and three grandchildren), my U.S.
citizenship and liberty.
My favorite things to do in Westchester:
Dining out—some of my favorites include
Hard at work as an army public information
specialist in Germany in 1959.
Kraft Bistro in Bronxville, Ernesto’s in
White Plains, Sam’s Gedney Tavern in
White Plains and Harvest on the Hudson
in Hastings—and hiking in Ward Pound
Ridge Reservation with my wife.
Best advice I ever got: After my assigned
client was acquitted on burglary charges
following a weeklong trial a jury man
took me aside. He told me: “you know
that humble bit…get rid of it. The
women don’t like it.” In my summation,
I tried to be humble Abe Lincoln instead
My advice to new lawyers: Don’t go
it alone. Look for mentors and don’t be
afraid to ask questions. Also don’t make
the second mistake. The second mistake
is refusing to admit the first mistake and
failing to learn from that first mistake.
Finally, honesty is not just the best policy.
It is the only policy.
My favorite part of being a WCBA
member: Meeting and socializing with
lawyers. Also the opportunity to write
about the past in order to illuminate
the present and suggest the future.
(See page 26 for Mr. Gardella’s monthly
column, From the Back Bench.)
THE LAW OFFICES OF
Sher, Herman, Bellone and Tipograph, PC
ESTABLISHED IN 1970
is pleased to announce the relocation of their Westchester offices to
5 Waller Ave., Suite 303, White Plains, NY 10601
our firm will continue to concentrate in the areas of
Worker’s Compensation & Social Security Disability
referral fees paid as allowed by the ethics rules.
www.newyorkworkerscompensationlawattorney.com
914.358.9932
WESTCHESTER LAWYER I FEBRUARY 2015 I 15

C ALL F O R N O M IN ATION S
WCBA’s 3rd Annual New Lawyers Leadership Awards
Deadline for Nominations: March 31, 2015
Sponsored by the New Lawyers Section
Nominate the Future Leaders of Our Association
n Do you have a friend or colleague practicing less than 10 years who
Previous Leadership
Award Winners
n Do you know someone who serves their profession and community
2013
n Do you know a person who has demonstrated leadership qualities
Michael Del Vecchio
Kelly Kamen
Joshua Levin
Eon Nichols
consistently goes above and beyond?
with integrity and distinction?
deserving of recognition?
n Now is your chance to recognize a new lawyer who will contribute
to the future of our profession and association!
The WCBA is calling for nominations for our 3rd Annual New Lawyers
Leadership Awards to recognize new lawyers who demonstrate excellent
leadership qualities either in their legal careers or in their communities.
2014
Karen Beltran
Diana Bunin-Kolev
Jared Hand
James Hyer
To nominate one of your colleagues:
Contact Michael Kremen, Esq., at [email protected].
Sponsorship opportunities are available:
Contact Luis Rivera, Esq., at [email protected]
CLARK, GAGLIARDI & MILLER, P.C.
SERVING THE INJURED SINCE 1907
“It costs no more to go with the best. I refer my serious personal injury cases to
Clark, Gagliardi & Miller.” Brad R. Sacks, Esq.
Henry G. Miller
Lucille A. Fontana
Robert J. Frisenda
Angela M. Giannini
John S. Rand
99 Court St., White Plains, NY 10601 / (914) 946-8900 / www.cgmlaw.com
16 I FEBRUARY 2015 I WESTCHESTER LAWYER
Benefit
WCBF
Court Reporters Volunteer to
Help Record the Oral Histories
of America’s Veterans
BY DEBRA A. LEVINSON
... Whereas, whether called the scribes of yesterday or the court
reporters and captioners of today, the individuals who preserve
our nation’s history are truly the guardians of the record: Now,
therefore, be it
RESOLVED,
That the [Senate]—
(1) Designates February 15-21, 2015 as “National Court Reporting and Captioning Week;” and
(2) Requests that the President issue a proclamation calling on
the people of the United States to observe the day with appropriate programs, ceremonies and educational activities.
Excerpted from the Resolution Designating February 15-21, 2015
as “National Court Reporting and Captioning Week.”
The court reporters at DALCO Reporting, Inc., will bring awareness to National Court Reporting and Captioning Week (February
15th to 21st) by volunteering their professional skills over the next
several months to capture the oral histories of America’s veterans
and civilian war workers.
This is made possible through the National Court Reporters Association (NCRA) and the Veterans History Project, a program created by the United States Congress.
These verbatim transcripts are digitized online (www.loc.gov/vets)
at the Library of Congress and preserve thousands of important
histories that otherwise might be lost.
The Veterans History Project of the American Folklife Center collects, preserves, and makes accessible the personal accounts of
American war veterans so that future generations may hear directly from veterans and better understand the realities of war.
WCBA members can email Debra Levinson at dal@dalcoreporting.
com to set up their own interview or that of a family member.
Debra A. Levinson is an owner of DALCO Reporting, Inc. and serves
on several committees for the NCRA. She is excited to highlight this
national awareness week that recognizes the continuous growth associated with the in-demand careers of court reporters and broadcast captioners.
GOLD SPONSOR
Bertine, Hufnagel, Headley,
Zeltner, Drummond & Dohn, LLP
Bertine, Hufnagel, Headley, Zeltner,
Drummond & Dohn, founded in 1929, is one
of the oldest law firms in Westchester County.
From inception, we have been committed
to fulfilling our professional responsibilities:
dedication to and zealous representation
of our clients; respect for the legal system;
and striving to maintain the utmost level of
competence in the areas in which we practice.
Our firm represents a broad range of individual,
commercial and non-profit interests. We
maintain a preeminent trusts and estates
practice including estate planning and
administration; estate, income and gift tax;
trust formation and management; charitable
giving and foundations; elder law and Medicaid
planning; special needs planning and all
aspects of probate law, including litigation.
The firm provides innovative strategies and
solutions to meet the varied needs of our
clients. Our real estate lawyers are highly
experienced in the areas of residential and
commercial real estate transactions both in
the County and the metropolitan area.
Equally important to our practice is our firm’s
commitment to improving the community in
which we work through participation in local
charitable, community and civic organizations.
Our lawyers include five past presidents of the
Westchester County Bar Association and are
active in leadership roles of this Association
as officers and members of the Board of
Directors.
In addition, our attorneys have been active
members and participants in the governance
and committees of the New York State Bar
Association. Our long-standing roots in these
organizations complement and enhance our
commitment to our clients.
WESTCHESTER LAWYER I FEBRUARY 2015 I 17

WH AT ’ S G O I N G ON
Membership News....Updates....Sections....Committees....
Surrogate Court Judge Anthony A. Scarpino, Jr.,
Leaving Bench to Enter Private Practice
After 14 years as Westchester County Surrogate,
Hon. Anthony A. Scarpino Jr. has announced
that he is stepping down from the bench effective January 31st. Judge Scarpino, who began his
judicial career in 1984 at age 32 when he was
appointed Associate City Court Judge in his home town of
Mount Vernon, NY, said that upon leaving the bench he will
enter private practice in a senior level position at a regional
law firm. Judge Scarpino plans to begin the next chapter in
his long career in the first quarter of 2015. (See p. 9 for a
tribute by Trusts & Estates Section Co-chair Kevin Cohen.)
Gary Sastow, Esq. Joins Brown, Gruttadaro, Gaujean
& Prato, LLC as Of Counsel
WCBA member Gary Sastow has joined our White Plains office as Of Counsel, specializing in health care law. Gary is a
prolific author, speaker, and professor, bringing over twenty
years of experience. He is a trusted advisor, confidant, and
advocate.
UPCOMING MEETINGS
Health Law Committee Meeting
Monday, February 9, 2015, 8:00 am
Location: Brown, Gruttadaro, Gaujean & Prato, LLC
One North Broadway, Suite 1010, White Plains, NY
Paralegal Committee Meeting
Monday, February 9, 2015, 6:00 pm
Location: WCBA Headquarters, One North Broadway,
Suite 512, White Plains, NY
New Lawyers Section Meeting
Tuesday, February 10, 2015, 6:00 pm
Location: WCBA Headquarters, One North Broadway,
Suite 512, White Plains, NY
CLE Planning Meeting
Wednesday, February 11, 2015, 5:30 pm
Location: WCBA Headquarters, One North Broadway,
Suite 512, White Plains, NY
AB
&
ALEGRIA & BAROVICK LLP
Our experience sets us apart from other
SOCIAL SECURITY
DISABILITY ATTORNEYS.
As longtime practitioners of medical malpractice
and personal injury law, we know the medicine,
and will cut through the clutter of medical records
to help our clients in a time-efficient manner.
You can feel confident referring your
social security disability cases to us.
MAIN OFFICE
235 Main Street, Suite 318
White Plains, New York 10601
(914) 761-1133
MANHATTAN OFFICE
60 East 42nd Street, Suite 1638
New York, New York 10165
(212) 861-2800
www.AlegriaBarovickLaw.com
Is giving through a
community
foundation
right for your
clients?







A division of the New York Community Trust
Do you have clients who care deeply about the
community?
Do they give to more than one charitable cause?
Are they interested in creating a family legacy?
Are they considering a family foundation, but have
concerns about cost and administrative complexity?
Would they like to stay personally involved in the use
of their gift dollars?
Do they want to receive maximum tax benefits?
Is sound fiscal management a priority?
If you answered yes to any of these questions,
your clients should meet us. Contact
Susan Edwards, Esq. at (914) 948-5166 or
[email protected]
SPONSORSHIP OPPORTUNITIES ARE AVAILABLE
To discuss sponsoring a CLE or other event, please contact
[email protected]
18 I FEBRUARY 2015 I WESTCHESTER LAWYER
.Networking....and more
Application Deadline: February 27, 2015
DO YOU WANT TO
BE ADMITTED TO THE U.S.
SUPREME COURT?
Monday, June 22, 2015
9:00 am: Assemble for Swearing In Ceremony at the Supreme Court
Reservations and Registration
Reservations will be taken on a
first-come first-serve basis.
Food, travel and lodging are at the
expense of each attendee.
Hotel recommendations will be
forthcoming.
The WCBA is pleased to announce its U.S. Supreme Court group
admission on June 22, 2015. We have secured 12 spots for lawyer
members who complete the requirements set forth in the application to
be sworn in at the U.S. Supreme Court in Washington, D.C. Please join us
for this extraordinary opportunity.
Fee: $300. Payable in full by deadline to secure a spot.
For an application visit:
http://www.supremecourt.gov/bar/largeGroups_NonArgument_Instr.pdf
EX P R E S S 2 0 1 5 M EM B ER SH IP FO RM
SCHEDULE OF YEARLY BAR DUES
Sustaining Member*
$300.00
________
Admitted to the Bar 10 Years or More
$185.00
________
Admitted to the Bar 5 to 9 Years
$125.00
________
Admitted to the Bar Less than 5 Years
$ 85.00
________
Affiliate Non-Lawyer
$125.00 ________
Paralegal$ 50.00 ________
Admitted to the Bar Less than 1 Year
FREE
________
StudentFREE________
Section Dues Total (see column on right)
________
________
WCBF contribution (optional)
$ 10.00
Payment Enclosed
_________
SECTION SELECTION: Please note that
there is a nominal fee for membership
in WCBA Sections.
Please check the Section(s) you would
like to join and record the fee on the
“Sections Total” line at left.
❑ Criminal Justice ❑ Family Law
❑ Municipal Law ❑ Real Property ❑ Tax
❑ Trusts & Estates ❑ New Lawyers
$10 $20
$10
$10
$10
$10
$ 5
*The WCBA recognizes the generosity and support of sustaining members by listing their names in the Annual Banquet Journal, the Westchester Bar Journal, the
Westchester Lawyer’s annual sustaining member feature, and on our website with a homepage link to your organization and member profile on all subpages.
PAYMENT INFORMATION
NAME PHONE
EMAIL
____________________________________________________________________________________________________________
EMAIL __________________________________________________________________________________________________________________________
FIRM ___________________________________________________________________________________________________________________________
BUSINESS TELEPHONE _____________________________________________________________________________________________________________
METHOD OF PAYMENT CHECK ENCLOSED $____________ OR CHARGE $
m MASTERCARD m VISA m AMERICAN EXPRESS m DISCOVER CARD
CARD NUMBER __________________________________________________________________________ EXP. DATE _________ SEC. CODE ___________
CREDIT CARD BILLING ADDRESS _______________________________________________________________________________ ZIP CODE ____________
NAME ON CARD _________________________________________________________________________________________________________________
HOW TO SUBMIT PAYMENT
ONLINE: Go to our website wcbany.org. EMAIL: scanned form to [email protected]. FAX: form to 914-761-9402.
MAIL: form and check made out to “WCBA” to: WCBA, Attn: Membership Renewal, One North Broadway, Suite 512, White Plains, NY 10601.
WESTCHESTER LAWYER I FEBRUARY 2015 I 19
AS
I
O
BA
R
N
Y
WE
NT
ST
ESTE R CO
U
CH
S O C I AT
WCBA
WESTCHESTER
COUNTY BAR
ASSOCIATION
Lawyer
Referral
Service
Build Your Client Base for
$125 Per Year
How much is your time worth screening calls?
Consider as part of your business plan being a member of WCBA’s
Lawyer Referral Service.
For more than 40 years the Westchester County Bar Association Lawyer
Referral Service (LRS) has been referring thousands of clients annually to
LRS attorneys in Westchester.
Each year thousands of potential clients from all over the country seek attorneys in Westchester by contacting the Lawyer Referral Service.
We prescreen calls
Clients contact the LRS office and explain the nature of their legal needs.
The clients are then referred to an attorney based upon the field of law and
geographic preference; referrals are made on a rotation basis. Membership
in the WCBA LRS can serve as a profitable investment in your future.
Membership Qualifications
For more information
[email protected]
914-761-6965
Or visit our website at
www.wcbany.org
and select
Lawyer Referral Service
to download an
application form
Membership in the WCBA LRS is open to all licensed attorneys who are members in good standing of the New York State Bar and who meet the panel
requirements as set forth in the LRS application and rules.
LRS attorneys must maintain an office for the practice of law in Westchester
County and be physically available for consultation in that office, and must
maintain an up-to-date professional liability insurance policy. We welcome
individual attorneys and members of law firms.
20 I FEBRUARY 2015 I WESTCHESTER LAWYER
GET INVOLVED ...
Participate as a judge and
receive CLE credit!
NEW YORK STATE HIGH SCHOOL
MOCK TRIAL COMPETITION
BEGINS IN FEBRUARY
n
BY MICHAEL KREMEN, ESQ.
T
he 2015 High School Mock
Trial Competition is right
around the corner. This year’s
competition will again be held at the
Westchester County Courthouse. For
the first time the area competition will
include schools from both Rockland
and Westchester counties.
Each year, the Mock Trial Competition provides Westchester County’s
In these days of budgetary considerations the Mock Trial Program finds itself in jeopardy of extinction. It is estimated that it costs $10,000 for our Bar
association to administer the countywide competition.
Support the Competition
Funds raised will support the coordination of the several rounds of competition, printed materials and their
I have served as a mock trial judge for the last 19 years. I look forward to March
when I have the privilege of presiding over these trials. The quality of advocacy
from these high school students is excellent. The students consistently demonstrate the poise and skill of professionals. The competition staff do a fabulous
job keeping everything on track. —Hon. Edward R. Mevec
high school students the opportunity
to conduct simulated trials, in front of
sitting judges, in a realistic courtroom
setting.
The experience gained by the participating students is invaluable and often
serves as the initial stepping stone for
future legal careers. This year’s case is
a civil case that deals with the embezzlment of funds from a not-for-profit
organization.
I am very excited to again be helping
to coordinate the competition and
look forward to the challenges and
successes of this year’s competition.
duplication, and reimbursement of
associated courthouse use including
overtime for court officers and staff.
Sponsors Needed
Please consider donating to the WCBA
directing those funds specifically to
support the Mock Trial Program.
Participate as a Judge
Come on down and participate as a
judge in the competition. You will be
amazed at the talent that you will be
facing in these high school students!
Michael Kremen, Esq., is WCBA Director of
Operations. He has helped coordinate the
Mock Trial Tournament since 2012.
n
n
n
n
Support the Westchester
County Division of the NYS
Mock Trial Tournament
Become a competition judge
and earn CLE credit
Make a monetary contribution
Spread the word about the
Mock Trial competition to
friends and colleagues
To volunteer to become a judge
or make a donation contact:
Michael Kremen, Esq. at
[email protected].
The following schools have
signed on to participate.
Albertus Magnus
Ardsley
Briarcliff
Byram Hills
Clarkstown South
Irvington
Lakeland
North Salem
Nyack
Ossining
Saunders
Scarsdale
Solomon Schechter
Somers
Soundview Prep
Westchester Hebrew
Westlake
Yorktown
WESTCHESTER LAWYER I FEBRUARY 2015 I 21

C LE C E N T E R
Re giste r online at ww w. w c b a n y. o rg o r s e e R e g is tra tio n Fo rm in th i s s e c t i o n
 Rescheduled from November 6, 2014
EDUCATION LAW COMMITTEE
Representing Clients in Special
Education Matters
Speaker
Location
Adrienne Arkontaky, Managing Partner
Cuddy Law Firm, P.C.
50 Main Street, Suite 1280, White Plains, NY
Date/Time Thursday, February 12, 2015
5:30 pm–6:00 pm Networking/Registration
and Light Supper
6:00 pm–7:30 pm CLE Presentation
Price
Early Bird discount through February 5
Members: $40/$60 after Feb. 5
Non-members: $60/$80 after Feb. 5
Pace Alum Non-members: $50/$70 after Feb. 5
CLE
1.5 credits: Professional Practice
To Register Click here or see “Registration Form” on p. 24
HEALTH LAW COMMITTEE
Health Law Update: 2015
Speakers
Hon. Daniel Angiolillo,
Appellate Division, 2nd Department (ret.),
Jurist in Residence, Pace Law School
Mary Beth Morrissey, PhD, MPH, JD
Fordham University Graduate School of
Business Administration
Co-chair, WCBA Health Law Committee
Max Gaujean, Esq.
Brown, Gruttadaro, Gaujean & Prato, LLC
Location
Pace Law School
Gerber Glass Building, Moot Court Room
78 North Broadway, White Plains, NY
Date/Time Tuesday, February 24, 2015
5:30 pm–6:00 pm Networking/Registration
and Light Supper
6:00 pm–8:00 pm CLE Presentation
Price
Early Bird discount through February 17
Members: $40/$60 after Feb. 17
Non-Members: $60/$80 after Feb. 17
Pace Alum Non-members: $50/$70 after Feb. 17
CLE
2 credits: Professional Practice
To Register Click here or see “Registration Form” on p. 24
CORPORATE & COMMERCIAL LAW COMMITTEE
Catch it While You Can:
Understanding the Duty to Preserve &
Collect Electronic Evidence
Moderator
Michael Freudenberg, Esq.,
Harrington, Ocko & Monk, LLP, Co-chair,
WCBA Corporate & Commercial Law Committee
Speakers
Dan Pelletier, Esq.
Director of Process Engineering, eDiscovery
and Data Science, Paul Hastings LLP
Tim McCorry
Certified Forensic Engineer, RVM Enterprises, Inc.
Location
Pace Law School
Gerber Glass Building, Moot Court Room
78 North Broadway, White Plains, NY
Date/Time Wednesday, February 25, 2015
5:30 pm–6:00 pm Networking/Registration
and Light Supper
6:00 pm–8:00 pm CLE Presentation
Price
Early Bird discount through February 18
Members: $40/$60 after Feb. 18
Non-Members: $60/$80 after Feb. 18
Pace Alum Non-members: $50/$70 after Feb. 18
CLE
2 credits: Professional Practice
To Register Click here or see “Registration Form” on p. 24
Thanks to our sponsor: RVM Enterprises, Inc.
CRIMINAL LAW SECTION AND TRIAL & TORT LAW
COMMITTEE
Anatomy of a Criminal Trial: Part I
Speaker
Neal S. Comer, Esq.
The Law Office of Neal Comer
Location
Pace Law School
Gerber Glass Building, Moot Court Room
78 North Broadway, White Plains, NY
Date/Time Tuesday, March 10, 2015
5:30 pm–6:00 pm Networking/Registration
and Light Supper
6:00 pm–8:00 pm CLE Presentation
Price
Early Bird discount through March 3
Members: $40/$60 after March 3
Non-Members: $60/$80 after March 3
Pace Alum Non-members: $50/$70 after March 3
CLE
2 credits: 1 Professional Practice / 1 Skills
To Register See “Registration Form” on p. 24
22 I FEBRUARY 2015 I WESTCHESTER LAWYER
TRUSTS & ESTATES SECTION
ETHICS AND GRIEVANCE COMMITTEES
Basic Training for Guardians
Ad Litem
The Ethics of Advertising and
Social Media
Speaker
Speaker
Joseph Accetta, Esq., Chief Clerk,
Surrogate’s Court, Westchester County
Location
Westchester County Courthouse, Room 1800
111 Dr. Martin Luther King Jr. Blvd.
White Plains, NY
Date/Time Wednesday, March 11, 2015
11:30 am–12:00 pm Networking/Registration
and Lunch
12:00 pm–4:00 pm CLE Presentation
Price
FREE
CLE
4 credits: 3 Professional Practice / 1 Ethics
To Register See “Registration Form” on p. 24
Katie M. Lachter, Esq.
Hinshaw & Culbertson, LLP
Location
Hudson Valley Bank
21 Scarsdale Road, Yonkers, NY
Date/Time Thursday, April 9, 2015
5:30 pm–6:00 pm Networking/Registration
and Light Supper
6:00 pm–8:00 pm CLE Presentation
Price
FREE CLE
2 credits: Ethics
To Register See “Registration Form” on p. 24
CRIMINAL LAW SECTION AND TRIAL & TORT LAW
COMMITTEE
Anatomy of a Criminal Trial: Part II
Speaker
Neal S. Comer, Esq.
The Law Office of Neal Comer
Location
Pace Law School
Gerber Glass Building, Moot Court Room
78 North Broadway, White Plains, NY
Date/Time Tuesday, March 24, 2015
5:30 pm–6:00 pm Networking/Registration
and Light Supper
6:00 pm–8:00 pm CLE Presentation
Price
Early Bird discount through March 17
Members: $40/$60 after March 17
Non-Members: $60/$80 after March 17
Pace Alum Non-members: $50/$70 after March 17
CLE
2 credits: 1 Professional Practice / 1 Skills
To Register See “Registration Form” on p. 24
Use your member log in to register for events and CLEs
on the new WCBA website!
If you have questions about member log in or online event registration,
please contact: [email protected].
WESTCHESTER LAWYER I FEBRUARY 2015 I 23

LOOKING FORWARD
Upcoming CLEs and Events
CLES
Thursday, May 21
Trusts and Estates Section CLE
Thursday, March 12
Real Property Section CLE
Tuesday, June 2
Trial Lawyers & Tort Law
Committee CLE
Monday, March 23
Law Practice Management
Committee CLE
Thursday, March 26
Appellate Practice Committee CLE
Friday, March 27
Senior Lawyers Committee CLE
Thursday, April 16
Law Practice Management
Committee CLE
Thursday, June 4
Domestic Relations & Family Law
Section CLE
Tuesday, June 16
Trial Lawyers & Tort Law
Committee CLE
Wednesday, June 24
Trusts & Estates Section CLE
Thursday, June 25
Real Property Section CLE
Monday, April 20
Law Practice Management
Committee CLE
Tuesday, April 21
Hospitality Subcommittee CLE
Monday, May 11
New Lawyers Section CLE
Wednesday, May 13
Immigration Law Committee CLE
Thursday, May 7 | 6:00 pm
Annual Banquet and Induction
of Officers and Board Members
(See page 1.)
Wednesday, November 18
WCBF 5th Annual Fundraiser
MEETINGS
Monday, February 9, 2015
Health Law Committee Meeting
Monday, February 9, 2015
Paralegal Committee Meeting
Tuesday, February 10, 2015
New Lawyers Section Meeting
Wednesday, February 11, 2015
CLE Planning Meeting
EVENTS
Thursday, February 26 | 5:30 pm
Chinese New Year & Passing the Bar
(See page 4.)
Wednesday, March 4 | 6:00 pm
Annual Meeting & Past Presidents
Dinner (See pages 2-3.)
CLE and EVENT REGISTRATION FORM
Please register in advance whenever possible. Registration later than 12 pm 24 hours PRIOR to the CLE will incur a $10 late fee, and
applicants will be seated and provided written materials ONLY if space permits.
ONLINE: go to the Calendar on our website at www.wcbany.org
MAIL: form and check made out to “WCBA” to: WCBA, One North Broadway, Suite 512, White Plains, NY 10601
EMAIL: this scanned form to [email protected]. FAX: form to 914-761-9402
CLE/EVENT TITLE
Date
Fee
______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
NAME(S) _______________________________________________________________________________________________________________________
EMAIL _________________________________________________________ BUS. TEL. _______________________________________________ _______
FIRM__________________________________________________________________________________________________________________________
METHOD OF PAYMENT: CHECK ENCLOSED $_________ OR CHARGE $ _______ ❑ MASTERCARD ❑ VISA ❑ AMERICAN EXPRESS ❑ DISCOVER CARD
CARD NUMBER __________________________________________________ EXP. DATE _____________ SEC. CODE ______________________________
CREDIT CARD BILLING ADDRESS ____________________________________________________________ ZIP CODE _______________________________
NAME ON THE CARD _____________________________________________________________________________________________________________
WCBA Member? ❑ Yes ❑ No If not, would you like to join and pay at the member price? Visit our website: www.wcbany.org
Copies of the WCBA CLE Rules and Procedures and the Hardship Policy may be obtained by emailing [email protected] or calling 914-761-3707, ext. 20. Your knowledge of the CLE rules and
procedures is presumed when you register for a CLE.
CANCELLATION, REFUND AND INCLEMENT WEATHER POLICY
Full credit will be applied to a future program to those who cancel at least two business days prior to a CLE or other Event, in writing, to [email protected]. The WCBA retains the right to
cancel CLE programs and other Events and will provide notification to all registrants who provide their email address. INCLEMENT WEATHER: Please refer to the website home page (www.
wcbany.org) on the day of the CLE/Event by 10:00 am for cancellation announcements.
24 I FEBRUARY 2015 I WESTCHESTER LAWYER
AS
I
O
BA
R
N
Y
WE
NT
ST
ESTE R CO
U
CH
S O C I AT
WCBA
WESTCHESTER
COUNTY BAR
ASSOCIATION
&
Westchester County Bar Association and Pace Law School
Launch Partnership to Sponsor CLEs
The WCBA is proud and excited to announce that we
have partnered with Pace Law School to be the accredited CLE provider sponsoring programs on the law
school’s campus!
What does the partnership mean to WCBA members?
More CLE programs to choose from: In addition to the
over 50 top notch programs that the WCBA has historically sponsored on an annual basis, the collaboration
with Pace will INCREASE the overall number of CLE program offerings, including many programs hosted on the
law school’s conveniently located campus and taught by
the law school’s faculty.
CLE programs from your office or home
The partnership will also grant WCBA members access
to a library of prerecorded programs which members
can view from their offices or homes 24/7/365!
Discounted CLE Bundle Packages
Starting in 2015, we will be offering a new annual CLE
credit bundle package, which offers 16 credits for $300!
(Certain exclusions apply. For more information please
contact [email protected])
Bridge the Gap Program
We will also be offering ‘Bridge the Gap’ bi-annually,
where WCBA members can obtain their credits over a
two day period.
For more information please contact:
Luis Rivera at [email protected] or
Michael Kremen at [email protected].
For a full list of upcoming programs and events,
please visit our website at www.wcbany.org.
Enjoy Taking Photos? Want to get published?
We welcome photo submissions from our members.
Send your high resolution photos to the Westchester Lawyer
magazine and we will review for possible inclusion. You might even
see your photo on the cover!
For more information contact [email protected].
TAKE OUT A
DISPLAY AD AND
GET NOTICED!
Contact us at
[email protected]
or 914-761-3707, ext 40.
WESTCHESTER LAWYER I FEBRUARY 2015 I 25
Back
Bench
FROM THE
T
he late 19th century court
case might make sense as an early Downton Abbey episode, but
for devotees of today’s burgeoning casino culture the central issues raised by
that case are almost incomprehensible.
The case also lays out a number of lessons concerning the trust placed in
longtime friends of high station; the
value of a group promise of secrecy; the
danger of signing a document that does
not present the truth as you see it, and
the difficulty in proving a negative.
The trial alleged defamation stemming
from an accusation of cheating at cards
against a 42-year-old baronet with a
distinguished 23-year British military
career. Sir William Gordon-Cumming, a lieutenant colonel in the Scots
Guards, brought the slander action 124
years ago this month in an attempt to
clear his name and save his honor after
the cheating accusation became public
despite promises of secrecy.
The only issue in the case was whether
the cheating allegation was true. Malice
and public figure status, issues in American courts in regard to slander claims,
were not issues in Sir William’s case.
Filed on February 6, 1891, the case
against five persons, including the
hostess of a house party where the alleged card cheating took place, sought
a 5,000 pound judgment against each
defendant. It went to trial on June 1,
1891. The plaintiff was not the public’s
central focus. The involvement of the
Prince of Wales in the card game and
his forced appearance as a witness drew
public attention and criticism. The
prince, who would later become King
Edward VII, was the first heir to the
English throne to be required to testify
at trial in nearly 500 years. Many in the
press questioned his fitness to rule as a
result of his involvement in “gambling.”
The cheating accusations stemmed
from games of baccarat on September
8 and 9, 1890 at Tranby Croft, the
home of Mr. and Mrs. Arthur Wilson. Beside Sir William and the prince,
other dignitaries gathered there for the
Doncaster Races included Lord Coventry and General Owen Williams.
At about 11 p.m. it was decided to
play the card game which involves four
packs of cards (208 cards), a banker, a
croupier and two sets of players. The
prince became the banker and General
Williams later became the croupier. No
baccarat table being available, a playing table had to be improvised on both
nights. A strict game of chance, bets
were made through the use of counters.
The prince brought counters with him
to the house party. Those who were
later to claim cheating were young and
inexperienced at the game except for
the hostess. One was a subaltern in the
plaintiff’s regiment.
Over the two days, Sir William won
225 pounds, almost $1,200.00 in
American currency back then. On the
10th, he was confronted with the cheating charge. It was claimed that he surreptitiously changed his bet after the
cards became known, upping his bet
when the cards favored him and reducing his bet in face of unfavorable cards.
He denied the charge, but was convinced by General Williams and Lord
Coventry to sign a document that
26 I FEBRUARY 2015 I WESTCHESTER LAWYER
RICHARD M. GARDELLA, ESQ.
Editor-in-Chief
WCBA Past President
promised secrecy. He signed after
speaking to the prince and despite his
stated belief that his signature would be
tantamount to an admission of guilt. It
is clear that protection of the prince’s
reputation by avoiding scandal played
a role in his decision.
The paper read:
“In consideration of the promise made
by the gentlemen whose names are
subscribed to preserve silence with
reference to an accusation which have
been made with regard to my conduct
at baccarat on the nights of Monday
and Tuesday, the 8th and 9th of September, 1890, at Tranby Croft, I will
on my part solemnly undertake never
to play cards again as long as I live.”
Also signing were the prince, General
Williams, Lord Coventry and the male
accusers. The document would play
a central role at the trial that lasted a
week, and, with the help of testimony
of Sir William’s “friends”, would sink
any hope of saving the baronet’s reputation.
The future British King, a longtime
friend of Sir William, was treated with
kid gloves when he took the stand. It
fell to a jury man to ask basic questions. As banker did the prince see any
malpractice? His highness answered
no, but qualified his answer by saying
“anything of that sort” is not expected
among friends. The jury man then
asked the prince his opinion of the
charges against Sir William. Because
they appeared to be “so unanimous” he
said he was forced to believe them. The
plaintiffs two other friends, General
Williams and Lord Coventry, who per-
sonally saw no cheating, testified that
they believed the evidence against the
lieutenant colonel overwhelming.
In a summation, which covered nearly
50 book pages, and was 10 times as
long as that of the defendants’ lawyer, Sir William’s counsel, the Solicitor General, Sir Edward Clarke, Q.C.,
took that evidence apart, pointing out
the card playing inexperience of the accusers and the lack of direct evidence
from the banker or croupier of cheating. An issue never raised was past card
playing experience of the banker and
croupier with the plaintiff. That avoidance was apparently an attempt to protect the prince’s reputation. That desire
to protect the future king was powerfully pointed to by Sir Edward as the
reason for the plaintiff’s signature on
the damming document.
Sir Edward’s detailed effort was negated
by the trial judge, the Lord Chief Justice, Lord Coleridge, when he delivered
his charge. In an age where judicial impartiality in charging a jury was not
necessarily the norm, the justice made
it clear where he stood, concluding:
“I cannot help thinking that, even if
it were otherwise, a man might accept
many things. He might accept death,
but he would not accept dishonour.
Do you believe that an innocent man
— a perfectly innocent man — would
write down his name on a dishonouring document, on a document which,
in fact, stated that he had cheated and
taken money out of the pocket of the
Prince of Wales by craft and sharping, simply that it might not be made
known that the Prince of Wales had
played baccarat for very moderate
stakes? Is not the consequence far too
great for the cause? … is it not putting
an incredible weight upon it to suppose
that any gentleman in the circumstances would allow himself not to die but
to be called a card-sharper and a cheat
for the rest of his life, for fear it should
be known that the Prince of Wales had
done something of which many people
would disapprove? I could quite understand a man giving up his all except his
honour — but I cannot understand a
man doing as this man did…”
It took the jury just 13 minutes to find
for the defendants. Sir William was
dismissed from the army the following
day. The prince would never deal with
anyone that had any association with
Sir William thereafter and the colonel’s
twenty close friends never spoke to him
again. He resigned from a number of
high society clubs. The day following
the verdict the London Times wrote:
“…He has committed a mortal offense.
Society can know him no more…”
Sir William later married and had five
children; took to drink and was forced
into more modest circumstances. He
died in 1930 at 81.
Sir Edward Clarke wrote in his autobiography:
“I believe the verdict was wrong, and
that Sir William Gordon-Cumming
was innocent of the offense charged
against him.”
An arrogant man and a lifelong womanizer who preferred married woman,
the baronet’s reputation apparently did
not suffer from that form of cheating.
Ironically, it was a friendly card game
and questionable evidence that led to
his loss of reputation.1
ENDNOTE
1
See The Baccarat case, Gordon-Cumming
v. Wilson and others, edited by W.
Teignmouth Shore, published by William
Hodge & Company, limited, in 1932,
and republished by The Notable Trials
Library in 1992. The Wikipedia free
encyclopedia was also consulted.
Richard M. Gardella, Esq., is counsel to
Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn LLP. He is a past president
of the Westchester County Bar Association
and the Westchester County Bar Foundation, the editor-in-chief of this Magazine,
and a former WCBA delegate to the American Bar Association and the New York State
Bar Association.
FROM THE EDITORS
Get published!
We are seeking a variety of articles such as descriptions of important developments
in—or unique perspectives on—areas of the law.
Articles must be well written and interesting to broad categories of membership.
All submissions are evaluated for clarity. We prefer original articles that have not
been published elsewhere. For more information or to submit an article please email
[email protected].
Submissions should be between 600–1200 words for the Westchester Lawyer magazine and 1200–4000 words for the Westchester Bar Journal.
WESTCHESTER LAWYER I FEBRUARY 2015 I 27
CLASSIFIEDS
LEGAL JOBS AND OFFICE SPACE
OFFICE SPACE
YONKERS – CENTRAL PARK AVENUE
Beautiful windowed corner office, rent includes use of conference room, law library, use of copy machine/scanner/facsimile and parking; secretarial/receptionist space available;
opportunity to network with other attorneys in the building;
Contact: 914-557-5978.
WHITE PLAINS
Boutique general practice law firm seeks attorney with
four plus years’ experience to service firm’s spillover work
in litigation and entertainment law. Will provide office and
conference room access and compensate at an hourly rate.
Contact: Stewart L. Levy, Esq. (212) 599-0777.
WHITE PLAINS/HARTSDALE
Your name on a building? Long established single-story professional building in prime location has 3900 sq. ft. for rent.
Can be subdivided. Just off Central Avenue White Plains/
Hartsdale. Call Steve Kaufman 914-968-8500 X 315.
WHITE PLAINS
AV rated law firm located on Main Street has two attractive
windowed offices (13’6” X 9’6”) available (one office cornered) in Class “A” office building within walking distance to
courthouses and train. Use of conference rooms and kitchen.
(914) 681-6006.
WHITE PLAINS – DOWNTOWN
Beautiful, windowed offices in law suite. All amenities,
including fax, color copier/scanner, high speed internet,
Wi-Fi, conference room, phone/voice mail system, kitchenette.
Convenient to courts, train, bus, and parking.
Call 914-684-1200 x 101.
MY SUBLEASE IS UP!
Seeking space and perhaps association.
Experienced Bankruptcy and Litigation Attorney
Contact Ted Araujo (914) 206-9614
[email protected]
www.bodowlaw.com
LAW FIRMS FOR SALE OR PURCHASE
Assessments | Due Diligence | Client Transitions
Nat Wasserstein, JD, MBA
845.398.9825
[email protected]
LINDENWOOD ASSOCIATES, LLC®
Experienced & Trusted by Attorneys®
28 I FEBRUARY 2015 I WESTCHESTER LAWYER
ADVERTISING RATES
AD DEADLINE is the 1st of the month prior to publication.
10% DISCOUNT ON THREE OR MORE PREPAID ISSUES
15% DISCOUNT ON ONE YEAR PREPAID
DISPLAY ADS
NonSize
Dimensions
Member Member
Bus. Card H 2hx3½w” b/w
$90 $160
Bus. Card H 2hx3½w” 4/C $160 $250
New Size
Bus. Card V 3hx2.38w” b/w
$90 $160
Bus. Card V 3hx2.38w”
4/C $160 $250
Quarter Page 4hx3½w” Quarter Page 4hx3½w”
b/w
4/C $210 $265
$315
$450
New Size (with full bleed)
Third Page V 11hx3.081”w b/w
Third Page V 11hx3.081”w 4/C
$275
$375
$425
$560
Half Page H
Half Page H
Half Page V
Half Page V
4hx7½w” 4hx7½w” 9¾hx3½w”
9¾hx3½w” b/w
4/C
b/w
4/C
$405
$525
$450
$630
$605
$895
$660
$945
Full Page Full Page
9¾hx7½w” 9¾hx7½w” b/w $815
4/C $1050
$1260
$1680
CLASSIFIEDS
MAGAZINE
Up to 40 words
Up to 80 words
Member
$65
$95
Non-Member
$ 100
$135
WEB & WEB/MAGAZINE COMBO*
web/print combo
Up to 40 words (Member) $100
Up to 40 words (NonMember) $140
Up to 80 words (Member) $140
Up to 80 words (NonMember $180
web only
$55
$80
$80
$130
*Web/print combo: Web ad runs on our website the
same month your print ad runs in the Magazine.
Contact: [email protected] (914) 761-3707, ext. 40,
or download our Media Kit at www.wcbany.org.
Defining The Difference
Westchester’s Bank for Attorneys for Over 40 Years
Left to right: Anthony Forgione, Assistant VP; Larry McElroen, First VP; Ana Morais, Relationship Manager;
Ronald Silvestri, Senior VP and Avi Azuolay, First VP
We are… • Experienced • Responsive • Client Focused
“We are here for your law firm.”
Larry McElroen
Anthony Forgione
Ana Morais
First VP
Assistant VP
Relationship Manager
(914) 922-9428
www.hudsonvalleybank.com
Member FDIC
WESTCHESTER LAWYER I FEBRUARY 2015 I 29
AS
I
O
BA
R
N
Y
WE
NT
ST
ESTE R CO
U
CH
S O C I AT
Westchester County Bar Association
One North Broadway, Suite 512
White Plains, NY 10601
Get a better deal on
your office lease...
at no cost to you.
LEVEL
THE
PLAYING
FIELD
A RakowGroup Tenant Representative
will give your team the edge.

RakowGroup.com
10 New King St · White Plains, NY / 6 Landmark Sq · Stamford, CT
CT (203) 359-5703 x10
Get published!
The WCBA is seeking articles for the Westchester Lawyer and Westchester Bar Journal.
We are looking for articles that are newsworthy, such as
important developments in—or unique perspectives on—
areas of the law that would be suitable for either the Westchester Lawyer magazine or the Westchester Bar Journal.
clarity and originality. We prefer original articles that have
not been published elsewhere. Submissions for the Magazine should be 600-1200 words; submissions for the Bar
Journal should be 1200-4000 words.
Articles must be well written and interesting to broad categories of membership. Submissions are evaluated for
For more information or to submit an article please email:
[email protected].
Printed by Fort Orange Press, Albany, NY, on FSC certified paper with soy based inks.