BAEC Spring 2020 Bulletin

SPECIAL ELECTION ISSUE
MEET YOUR 2020-2021
CANDIDATES
Page 16 - 21
LAW DAY AWARD
WINNERS ANNOUNCED
Page 26
Bar Association of Erie County
Bulletin
SPRING
2020
Volume 59
No. 5
BAEC Election 2020-2021:
Your Candidates
KEEPING YOU INFORMED
DURING COVID-19
Page 6

2 | Spring 2020 | BAEC Bulletin
Bar Association of Erie County Bulletin
Table of
Contents
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 8
Page 9-10
Page 11
Page 13
Page 14
Page 15
Page 16-21
Page 24
Page 25
Page 26
Page 28
Page 29
Page 30
Page 32
Page 35
Page 36
Page 37
Page 38-39
Page 40
Page 41
Live CLE Program Calendar
BAEC Sponsors
Letter from the President
COVID-19 Resources
A Message from Foundation President, Pamela Thibodeau
Notice to Amend BAEC Bylaws
Say Yes! Buffalo seeks to partner with new organizations
Bench & Bar In The News
A Message From Lawyers Helping Lawyers
Death & Taxes
The Latest in Cyberlaw
In the Public Service
2020-2021 Elections
In Memoriam
Foundation Contributions to Benefit Profession
Law Day 2020 Award Winners
Litigation Hold, Mediation Bold
CLE OnDemand Courses
BAEC Begins Judicial Rating Process
Rock With Us For Law Day
Press Release
BAEC Life Members and Contributing Members
Classifieds
Western District Case Notes
BAEC New Members
Bulletin Advertisement Index
Bar Association of Erie County
Bridget M. O’Connell
Oliver C. Young
Craig R. Bucki
Timothy J. Graber
Anne M. Noble
Greg Hirtzel
President
Vice President
Treasurer
Deputy Treasurer
Executive Director
Director of Marketing & Communications, Editor of the Bulletin
Board of Directors
Samuel A. Alba, Lauren E. Breen, Robert C. Brucato, Jr., Colleen Curtin Gable, Reetuparna (Reena) Dutta,
Jennifer L. Fay, Mario A. Giacobbe, Krista Gottlieb, Peter Matthew Kooshoian, Elizabeth A. Kraengel, Michael
L. McCabe, Karen Richardson

BAEC Bulletin | Spring 2020 | 3
LIVE CLE PROGRAM
CALENDAR
Due to the current health crisis, all Erie Institute of Law CLE programs
will be held remotely using web conferencing technology. Access
details will be sent to CLE registrants after registering.
Please note that some program details not final as of press time. For additional program
details and to register, visit our web site at www.eriebar.org.
Hot Practice Tips for Estate Planning Under COVID-19 (Webinar)
Presented by the Surrogate’s Court Committee
April 29, 2020 • 1pm – 2:30pm
1.5 CLE credits: Skills (approved for all attorneys)
$35 BAEC members, $40 non-members
Managing Your Mental & Physical Health During COVID-19 (Webinar)
April 30, 2020 • 11am – 12pm
1.0 CLE credit: Law Practice Management (approved for all attorneys)
$15 BAEC members, $30 non-members
Continuing Your Bankruptcy Practice When You Can’t go to Court (Webinar)
May 1, 2020 • 2pm – 3pm
1.0 CLE credit: Skills (approved for all attorneys)
$15 BAEC members, $30 non-members
COVID Interruption Insurance 2020 – What’s In, What’s Out and What’s Coming (Webinar)
Co-sponsored by the Gold Group (UB Law Alumni) and the Erie Institute of Law
May 7, 2020 • 9am – 10am
1.0 CLE credit: Areas of Professional Practice
This program is open to BAEC members, UB Law Alumni, and Current UB Law Students at no charge.
Ethical Considerations in the Age of COVID-19 (Webinar)
May 7, 2020 • 11am – 12pm
1.0 CLE credit: Ethics (approved for all attorneys)
$25 BAEC members, $30 non-members
Adapting to Remote Communication and Court Appearances (Webinar)
May 8, 2020 • 2pm – 3:30pm
1.5 CLE credit: Skills (approved for all attorneys)
$35 BAEC members, $40 non-members
Life After Law School: Basic Practice 101 - Day Two (Webinar)
May 15, 2020 • 8:30am – 5pm
8.0 CLE credits: 1.0 Ethics, 4.0 Areas of Professional Practice, 0.5 Law Practice Management, 2.5 Skills (approved
for all attorneys)
$100 newly admitted, $120 experienced attorneys, $50 law students
Ethically and Efficiently Working with Paralegals (Webinar)
May 27, 2020 • 1pm – 2:30pm
Details forthcoming
ON-DEMAND OPTIONS AVAILABLE: VIEW ANYWHERE, ANY TIME!
The Erie Institute of Law offers accessible and convenient OnDemand options. Go to Page
29 to see some of the more popular courses we offer on demand, or visit www.eriebar.org to
see our full catalogue.
Questions? Contact Celeste Walsh at cwalsh@eriebar.org or by telephone at 716.852.8687.

4 | Spring 2020 | BAEC Bulletin
Bar Association of Erie County
SPONSORS
These organizations have partnered with the BAEC for 2020. We are tremendously grateful for their support and generosity!
THE
LAW OFFICES OF
TIMOTHY M. O’MARA
ATTORNEYS
LLP
MSP Compliance Solutions

Letter from the
President
BAEC Bulletin | Spring 2020 | 5
You know that moment in the morning when you wake up and it all seems totally okay for
one brief moment, and then you remember?
We should have a word for that.
A sniglet perhaps, like furnadents or impedestrian…
But in that next moment, whenever possible, the next thing you do is get up.
Bridget M. O’Connell
Maybe you first summon some decontextualized lines from Yeats, that it has “all changed, changed utterly.” Maybe you listen to the
birds and wonder how a germ so dangerous to us leaves the birds and bunnies in the yard so unaffected.
Maybe it takes all your energy to tamp down the anxiety.
But then, when you can, you get up.
In this time of great uncertainty, when living rooms are law offices and families and friends gather around the warm hearth of the
Zoom app, our legal community has been getting up every day. We get up because one thing remains certain - that in times of crisis, in
times of insecurity, the fight for justice, access to justice and the rule of law must continue.
Moved by the commitment of our colleagues over the past few weeks, I welcomed the new lawyers at ‘Life after Law School’ with a
renewed sense of awe and urgency. And although you already know that lawyers and legal professionals show up and step up all the
time, I want to share with you what I’ve seen in these past few weeks.
Our members and colleagues have stepped up again and again – fighting for compromised clients in custody, finding creative ways
to complete cases while courts reconfigured, calming clients, volunteering to represent the unrepresented and running help desks to
provide legal information to our community.
We have called each other, offered each other assistance and encouragement, shared ideas, exchanged recipes, drawn pictures, suggested
homeschooling tips, and provided free continuing legal education and outreach on new COVID-19 related legislation.
We have offered condolences and sympathy.
Our courts continued to work, often seven days a week, while installing virtual courtrooms to increase remote access and expanding to
virtual chambers in early April. Judges, law clerks, staff, Court Attorney Referees, dedicated ADR professionals, our local Community
Dispute Resolution Center, court security officers, technology teams, court administration and the Chief Clerk’s office have remained
vigilant and determined to carry on. Generous local court leadership has given the Bar Association all the information they can to help
attorneys navigate this new terrain.
Anne Noble, our Executive Director, and the whole team at the Bar Association of Erie County have been working tirelessly to
respond to needs in our community and in our association. They have created and maintained an entire section of our website
dedicated to information, orders, guidance and FAQs about COVID-19, continued our educational programs, convened virtual
meetings, kept up with our board meetings and business, and continue to plan for the future while managing the present. I cannot say
enough good things about our team.
Our BAEC Committee Chairs have met twice a week and continue to host meetings virtually. We have seen amazing attendance and
heard robust discussions about the now and the later of all of this.
There will be time for further reflection, and there is still much to explore and discuss, but for now, please let me say thank you on
behalf of the Bar Association to all our members and remind you that your BAEC is here to support you and all you do. And thank
you on behalf of our legal community to all those in essential services who remain on the front lines even when proximity is perilous.
Stay connected. Stay well. Stay hopeful.

6 | Spring 2020 | BAEC Bulletin
Keeping you
informed and
connected
during
COVID-19
We Are Here For You!
The Bar Association of Erie County is committed to providing the legal
community and the general public all of the latest news and alerts relating
to the COVID-19 health crisis. We have developed a dedicated web
portal on our website with orders from the Courts, news from the state
and relevant administrative agencies, as well as helpful documents and
resources.
Coming Soon!
We will soon be rolling out COVID-19 FAQs - where any and all your
questions regarding the pandemic and the law will be answered.
Colleagues Connecting
Introducing a new initiative designed to assist our fellow attorneys during
the COVID-19 health pandemic.
Learn More:
eriebar.org/ColleaguesConnecting
CLICK TO VISIT WEBPAGE
Emergency Alert System for the NYS UCS
The Court System has initiated a new system -- the New York Courts
Emergency Alert Portal (“Portal”) -- to send out notifications about
court closures and other UCS emergencies. The new Portal is
hosted by NY Alert, a state public notification platform with a wellestablished
record of reliable performance, and will replace Twitter
notifications.
Among other new features, the Portal will allow users to receive
information about specific counties of their choosing, and to select
their preferred method of notification (text, phone and/or email).
Attorneys who are currently registered for Twitter announcements
will need to register for the Portal at www.nycourts.gov/alerts/.
WEBPAGE HIGHLIGHTS
COURT ORDERS
We are in direct communication with
all courts operating in Erie County,
both state and federal. All alerts and
orders they send to us we publish on
our website.
EXECUTIVE ORDERS
Any executive order issued from
Governor Andrew Cuomo that
impacts the legal community is
republished.
COUNTY OFFICES
News and alerts from other
governmental offices, such as the
Clerk’s Office, will be shared as well.
LEGAL SERVICES
Local legal non-profit organizations
are still fully operational and available
to help the public during this health
crisis. We are sharing their contact
info and any alerts they send out.
HELPFUL DOCUMENTS
Access helpful documents, such as
info on applying for unemployment,
using Skype for Business, etc.
MENTAL HEALTH HELP
These are trying times for everyone.
We have listed a number of resources
to assist anyone who is struggling.

BAEC Bulletin | Spring 2020 | 7
FROM THE ERIE COUNTY BAR FOUNDATION
WE CAN DO THIS
Pamela Thibodeau, President
In this historical time of fear, anxiety, privation and grievous loss, I wish to offer some
inspiration and hope for better times to come. Sadly, while I’m pretty good at platitudes, I
lack the poetry gene, so I must defer to others to help us out here. The German philosopher
Friedrich Nietzsche famously said “That which does not kill us, makes us stronger.” That
reminds us to appreciate the opportunity for each of us to get through this unprecedented-inour-lifetime
global crisis, and come out stronger on the other side.
We’ve all heard of PTSD, post-traumatic stress disorder, a sometimes crippling mental health disorder. But have you heard of PTG?
PTG is post-traumatic growth, positive changes and enhanced personal development experienced by some who have survived
traumatic events. PTG refers to any beneficial change resulting from a major life crisis or traumatic event, but people most commonly
experience a positive shift by having a renewed appreciation for life; adopting a new world view with new possibilities for themselves;
feeling more personal strength; feeling more satisfied spiritually, and/or their relationships improve. Lets strive for PTG.
And now, time for a platitude. People, like trees, grow and reach their true potential by overcoming adversity. A cliché, true, but still, its
true. We can come out of COVID-19 stronger. Do what you can every day to further your work goals and personal goals, from your
home office. Do what you can every day to help someone else, even if it’s from your couch in your pajamas on your laptop. You will
overcome this adversity and you will be stronger for it.
And now, time for some poetry.
Good Timber
by Douglas Malloch (1877-1938)
The tree that never had to fight
For sun and sky and air and light,
But stood out in the open plain
And always got its share of rain
Never became a forest king
But lived and died a scrubby thing.
The man who never had to toil
To gain and farm his patch of soil,
Who never had to win his share
Of sun and sky and light and air,
Never became a manly man
But lived and died as he began.
Good timber does not grow with ease,
The stronger wind, the stronger trees,
The further sky, the greater length,
The more the storm, the more the strength,
By sun and cold, by rain and snow,
In trees and men good timbers grow.
Where thickest lies the forest growth
We find the patriarchs of both.
And they hold counsel with the stars
Whose broken branches show the scars
Of many winds and much of strife.
That is the common law of life.
THE COMPANY OF
FRIENDS.
THE SUPPORT OF
COLLEAGUES.

8 | Spring 2020 | BAEC Bulletin
Notice to Amend Bylaws
from the Bar Association of Erie County
After review by the BAEC’s Bylaw’s Committee, and upon resolution of the Board of April 14, 2020, the Association
proposes and advances principally technical changes to various provisions of the BAEC Bylaws. Members will be asked to
vote on these changes during the spring election for 2021 Board Candidates and Officers. The specific Bylaw changes can
be viewed in their entirety by visiting www.eriebar.org. A summary of the changes is set forth below.
The changes to the Bylaws conform the Bylaws to the most up to date not for profit legal standards in New York. These
changes principally relate to how meetings are conducted and are generally technical in nature. The proposed Bylaws
formally identify the role and composition of the Association’s Executive and Finance Committees. The Bylaws also
identify and provide a role for the Association’s immediate Past President to sit as an ex- officio non-voting member of
the Executive and Finance Committees. Finally, the proposed Bylaws eliminate the duties of the Judiciary Committee to
receive, consider and investigate complaints about the Judiciary.
Questions about the proposed changes may be directed by email to anoble@eriebar.org. If you are unable to view the
proposed Bylaws on our website, please contact Susan Kohlbacher at 716.852.8687, ext 120 or skohlbacher@eriebar.org.
The Board of Directors recommend a vote “in favor” of the proposed changes to the Bylaws.
CLICK TO VIEW PROPOSED CHANGES
If button does not direct you to page, copy and paste the below URL into your address bar.
https://eriebar.org/about/bylawsandpolicies
SAY YES! BUFFALO SEEKING INTERNS
The Bar Association of Erie County is committed to the Diversity & Inclusion Committee’s
diversity pipeline initiatives - even in these uncertain times that we are living in. Last
summer, we teamed up with Say Yes! to pair undergraduate students and law firms/legal
service organizations with paid internships. We continue to push our efforts forward with
programming, but have decided to focus our efforts to the Fall 2020 semester. However, if
you are interested in still having an undergraduate intern this summer, we can make that
happen too as Say Yes! is still accepting internship applications. If you are unable to accept
an intern at this time, but you would like to support these diversity pipeline initiatives,
you can also make individual contributions to sponsor internships. Please contact Jennifer
Metzger Kimura at jkimura@legalaidbuffalo.org or via telephone at 716-853-9555 ext. 465
with any questions.
Jennifer Metzger Kimura

BAEC Bulletin | Spring 2020 | 9
Bench and Bar In the News
Kerry Battenfeld has been promoted to Senior Immigration Staff Attorney in the Volunteer Lawyers Project’s Buffalo office. Kerry
joined VLP in September 2017 as an Immigrant Justice Corps Fellow working with the Immigration Program at the Volunteer
Lawyers Project. Since joining VLP, Kerry has represented clients in removal proceedings, affirmative asylum applications, and
other forms of relief available to victims of crime.
Founder and Managing Partner of Berardi Immigration Laws, Rosanna Berardi, has been named a 2020 “Woman Legal
Entrepreneur of the Year” award recipient by Women Owned Law (WOL), a national nonprofit networking and advocacy group
for women-owned law and legal services firms. Established in 2005, Rosanna Berardi founded Berardi Immigration Law with
the vision of developing a team of world-class immigration lawyers, paralegals and assistants. In less than 15 years, she grew the
firm exponentially from a solo practice to a team of 18 employees, with offices in Buffalo, NY; Rochester, NY; Beverly Hills, CA;
London, England and Toronto, Canada.
Bennett Schechter Arcuri & Will LLP is pleased to announce that Alexander A. Bitar has joined the firm as an Associate. Alex
will be practicing in the Defense Litigation Group.
Hurwitz & Fine, P.C. announced that long-time Firm Member Jody E. Briandi will become Managing Partner as of its new
fiscal year on May 1, 2020. This event will mark only the third change in management in Hurwitz & Fine’s 43-year-history. Ms.
Briandi has spent her entire legal career at Hurwitz & Fine, joining the Firm in 1997. Ms. Briandi co-chairs the Firm’s Litigation
Department, and is an experienced trial attorney in state, federal and appellate courts across New York.
Joseph S. Brown has joined Hurwitz & Fine, P.C. as a member in the firm’s Employment and Business Litigation departments.
He focuses his practice on defending private and public sector employers in disputes involving harassment, discrimination, wage
& hour claims, restrictive covenants, employment contracts, whistleblower claims, defamation, and other tort claims. Mr. Brown
graduated magna cum laude from the University of Rochester and received his J.D. from the University of Virginia School of Law.
Emma Buckthal has been promoted to Director of Volunteer Lawyers Project’s Immigration Program. She is now supervising
VLP’s immigration staff in the Buffalo and Batavia offices. She joined the Volunteer Lawyers Project (VLP) full time in fall 2010.
Since then, she has focused her legal work on immigrants before USCIS, EOIR, and ICE.
Karen Curtin has joined William Mattar law offices as part of the firm’s attorney staff. She will focus her practice in the firm’s
litigation department helping individuals injured as a result of motor vehicle accidents. A life-long resident of Western New York,
Ms. Curtin received her B.A., with Honors, from Canisius College, and her J.D. from the University at Buffalo School of Law,
where she was recognized with an award of Honors with Accommodation in Research and Writing. Prior to joining William
Mattar law offices, Ms. Curtin represented individuals in personal injury matters on both the defense and plaintiffs’ sides, including
representation of large plaintiff class actions, where multiple people were injured.
Lipsitz & Ponterio, LLC, is pleased to announce that Sean M. Esford has joined the firm as an Associate Attorney. Mr. Esford will
focus his practice on the representation of individuals suffering from occupational diseases, including mesothelioma and lung cancer.
Mr. Esford received his J.D. from the State University of New York at Buffalo Law School While pursuing his Juris Doctor degree,
Mr. Esford was employed as a law clerk at Lipsitz & Ponterio. Before joining Lipsitz & Ponterio, Mr. Esford was employed as an
associate attorney in Buffalo, New York where he practiced first-party property insurance defense.
Kenney Shelton Liptak Nowak LLP (KSLN) is thrilled to announce that Melissa A. Foti has been named a Managing Partner. She
works in the firm’s Insurance Defense practice group and her clients are her number one priority. Melissa is proud to assume this
role as she started with the firm as a young lawyer several years ago, learning from the attorneys with whom she is now managing
the firm. In her new role, Melissa will be active in the day to day management of the firm. She is committed to ensuring the success
and growth of the firm for many years to come.

10 | Spring 2020 | BAEC Bulletin
Bench and Bar In the News
Simpson & Simpson, PLLC recently hired Dylan Garlock as an Associate practicing all phases of intellectual property law. He
focuses his practice on trademark and copyright matters, but also assists in various phases of patent prosecution. Mr. Garlock
earned both a Bachelor of Science degree in Business Administration and a Bachelor of Arts degree in Psychology from the State
University of New York at Buffalo in 2015. He earned his Juris Doctor degree from the SUNY at Buffalo School of Law, in 2019,
with concentrations in Intellectual Property and Sports Law.
Barclay Damon announces Ari Goldberg, ssociate, has joined Barclay Damon’s Land Use & Zoning, Project Development,
and Real Estate Practice Areas. His primary office location is Buffalo. Goldberg advises clients on zoning, land use permitting,
environmental review, and the regulatory compliance process. He also has experience in litigation, including multiple lawsuits on
behalf of municipalities under the Real Property Actions and Proceedings Law Vacant and Abandoned (Zombie) Home provisions,
and advocating for real estate developers in breach of contract lawsuits.
Elizabeth Kraengel, a Partner at Duke, Holzman, Photiadis & Gresens, LLP, has been selected as a Diversity Fellow by the
American Bar Association Forum on Construction Law. As part of the three-year fellowship, Kraengel will attend the Forum’s
annual meetings and have the opportunity to join the steering committee for one of the Forum’s Thirteen Divisions. The ABA
Forum on Construction Law has more than 6,000 members who represent all segments of the construction industry. Its Diversity
Fellowship program aims to draw diverse construction lawyers into the ranks of active, long-term forum members by identifying
those who have demonstrated interest and are potential candidates for future forum leadership. The Diversity Committee’s mission
is to is to raise awareness and understanding among the members and others of the vital role diversity plays in the construction
industry, both nationally and globally and includes enhancing participation, inclusion and leadership opportunities for attorneys of
diverse backgrounds in Forum programs, publications and other initiatives. The process to be selected was a competitive application
and interview process. Kraengel was among six fellows selected for 2020.
The law firm of Lipsitz Green Scime Cambria LLP is proud to announce that Joseph J. Manna, a Senior Partner at the firm, has
been elected President of the Western New York Trial Lawyers Association (WNYTLA). The WNYTLA, with origins dating back
to the 1960s, is a not-for-profit professional organization comprised of trial lawyers representing virtually every facet of the law.
As President, Mr. Manna serves as Chair of the WNYTLA’s Governing Board and oversees the management of the organization’s
affairs. Joseph Manna has twenty-five years of experience as a trial attorney.
Rafael F. Pignataro has joined ACV Auctions Inc. as Corporate Services Counsel. Prior to joining ACV, he was an in-house
attorney with Integer Holdings Corporation (formerly, Greatbatch Medical) and also a former associate of Hodgson Russ LLP. A
graduate of Cornell University, with distinction, he received his J.D., magna cum laude, and MBA from the University at Buffalo.
Nikole Wynn has been promoted to Supervising Attorney in Volunteer Lawyers Project’s Buffalo office. She joined the Volunteer
Lawyers Project in 2014 as a staff attorney in VLP’s Positive Families and Individuals program, where she served individuals and
families impacted by HIV in a wide variety of civil legal matters. Ms. Wynn’s cases have included child custody and visitation cases,
child support proceedings, unemployment matters, debtor-creditor issues, housing matters, divorce proceedings, and end of life
planning. In her new position, she will be supervising VLP’s case work in all subject areas other than immigration. She is replacing
Gregory Stewart, who recently retired.
HOW TO PLACE A BENCH & BAR
ANNOUNCEMENT
If you are a BAEC member in good standing and you’ve moved,
been promoted, hired an associate, taken on a partner, or received
an award, we’d like to hear from you. Notices must be submitted
in writing and limited to 100 words. They are printed at no cost
to members and are subject to editing. Email your notice and
high resolution photo (300 dpi) to Greg Hirtzel at
ghirtzel@eriebar.org. Talks, speeches (unless they are of
international stature), CLE presentations, and political
announcements are not accepted.
BULLETIN
DEADLINES
SUMMER ISSUE
AD DEADLINE
JUNE 5
COPY DEADLINE
JUNE 12

BAEC Bulletin | Spring 2020 | 11
A MESSAGE FROM LAWYERS HELPING LAWYERS
In the last month, two guys I know have died from drinking and drug use. One was 51, the other was in his mid 30's. Neither one was an
overdose. Both were the result of years and years of excessive use that pushed their bodies to a fatal breaking point. I had the same thought
when I heard the news about each of them. Not that long ago, that could have been me.
I drank heavily and often for over 30 years. Since I was a teenager, drinking was the most prevalent aspect of my life. It was intertwined
directly or indirectly with everything I did. If, when, and how, I was going to drink was a factor in most decisions that I made. Every occasion
was a chance to drink. Games, parties, dinners, concerts, seeing friends, going to bars, weddings, wakes, funerals, vacations, holidays,
weekends, and anything else you can think of.
I was functional. I don’t think anyone realized how bad I was except for me. I was hardly an allstar, but I got by. But I was also miserable
almost all of the time. I was angry, anxious, severely depressed, and, physically, I felt terrible all the time. I had developed some serious health
problems. Drinking either interfered with, or prevented, anything of substance in my life. There were countless blown opportunities in every
aspect of my life because I could seldom pull it together enough to give anything an honest effort. I was unreliable. I was constantly drunk or
hungover, often cripplingly so. I don’t remember when drinking stopped being fun, but it was a long time ago.
The only relief I could get was by more drinking. The great curse of alcoholism is that the only thing that provides any relief from the pain, is
more of the very thing that is causing the pain in the first place. Eventually for me even that stopped working. At some point drinking became
maintenance to just try and manage from day to day.
I knew for many years that I had to stop drinking. However, for a long time I just didn’t want to, and then eventually I was afraid to. Living
without drinking was inconceivable to me. Consciously or otherwise, the way I lived my life surrounded alcohol, and the people I spent most
of my time with drank the way I did. When everyone around you behaves insanely, your
own crazy behavior doesn’t seem so bad. Regularly drinking to extreme excess, drinking every day, drinking to sleep, drinking in the
morning, and drinking alone, all become normal. As twisted as it sounds, I was terrified to leave that life behind because it was all I ever knew.
The biggest challenge was that I didn’t know how to stop. For people without this disease that probably sounds nuts. They think if you want
to stop drinking, just stop drinking. That’s not the way it works for me and other alcoholics and addicts. I needed a lot of help to learn how
to begin living without alcohol. I was fortunate that I had several friends who were already in recovery. About a year and a half ago, I hit a
point of desperation and finally called one of them for help. Within a few hours he and a few others had a plan in place to get me to a meeting
and get me started in recovery. Over the following months I slowly got better. I was overwhelmed by the support I got from family, friends,
and the recovery community. Over time I have been learning how to live without alcohol, but it is a work in progress. I have a plan. I have
found people and things in my life that I can enjoy that don’t involve drinking. I can go someplace and be social without drinking. I now have
friends that drink “normally” and I have friends that don’t drink. If I begin to feel anxious or overwhelmed anywhere, I just leave, and I have
people I can call if I need some help.
If you even think you might need help, you need to know that there
are a ton of people out there who will literally drop whatever they
are doing right now to come and help you, including the members
of LHL. We have all been right where you are now and we can
help. Recovery is not easy, it does not ever end, and it doesn’t fix
everything. It does remove a lot of problems and barriers to living
a meaningful life. It equips you with the ability to deal with life in a
productive, rational and responsible manner. It enables you to feel
some peace and joy. There are hundreds of excuses to not stop, and
not one of them is legitimate. The simple truth is that there is no part
of your life that is better because you drink or use.
LHL can help you save your life, your family, you career, your
friendships, and your sanity. You do not have to live like this anymore.
LHL has the resources to help you get well and deal with whatever
obstacle to sobriety that you think there is. If you reach out to LHL,
we will make arrangements for a conversation. We will share our
experience with you. We will tell you what we can do to help you get
the chance that we were all given to recover.
MR. GRIFFIN IS NOTED FOR
HIS PREPARATION,
PATIENCE AND
PERSISTENCE
RICHARD F. GRIFFIN, ESQ.
MEDIATOR AND ARBITRATOR
Richard F. Griffin has served as a Mediator and Arbitrator for
over 15 years. Prior to that time, he litigated hundreds of civil
cases in both state and federal courts. These involved multiple
issues: personal injury (defense and plaintiff), commercial,
business, construction, employment, and civil rights. He is a
member of the American College of Trial Lawyers.
Mr. Griffin is a member of the Mediation and Arbitration Panels
of the AAA, CPR, NY State Supreme Court, U.S.D.C.W.N.Y. and
a Charter Member of the New York Academy of Mediators and
Arbitrators.
The Following are some recent comments from the parties:
• “I would like to express my appreciation for the terrific effort
you have made in resolving this case.” (Personal Injury)
• “Your passion and desire for the legal system have left a deep
impression with me.” (Widow’s Contract Enforcement)
• “Thank you again for everything...my clients loved you.”
(Estate Dispute)
• “I liked his style.” (Party in Business Dispute)
• “Just don’t give any thought about retirement. Great
arbitrators are hard to find.” (Construction)
GRIFFIN GETS RESULTS
Richard F. Griffin, Esq.
Mediator and Arbitrator
716.845.6000
www.kavinokycook.com
rgriffin@kavinokycook.com

BAEC Bulletin | Spring 2020 | 13
Death & Taxes
The coronavirus crisis has resulted in some emergency orders and legislation
directly applicable to our clients and our practices.
Virtual Execution of Wills
We are all familiar with New York Estates, Powers and Trusts Law §3-2.1
which requires execution of a Will by the testator in the presence of attesting
Peter Brevorka Jillian Brevorka
witnesses. By Executive Order Governor Cuomo has brought Will execution
into the 21st Century to deal with COVID-19 emergency. On April 7, 2020, he issued Executive Order No. 202.14, which will be
effective immediately, and which remain in effect through May 7, 2020. The Order provides in part:
For the purposes of Estates Powers and Trusts Law (EPTL) 3-2.1(a)(2), EPTL 3-2.1(a)(4), Public Health Law 2981(2)(a),
Public Health Law 4201(3), Article 9 of the Real Property Law, General Obligations Law 5-1514(9)(b), and EPTL 7-1.17, the
act of witnessing that is required under the aforementioned New York State laws is authorized to be performed utilizing audiovideo
technology provided that the following conditions are met:
The person requesting that their signature be witnessed, if not personally known to the witness(es), must present valid photo ID
to the witness(es) during the video conference, not merely transmit it prior to or after;
The video conference must allow for direct interaction between the person and the witness(es), and the supervising attorney, if
applicable (e.g. no pre-recorded videos of the person signing);
The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the
same date that the pages are signed by the person;
The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and
The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es)
receive such original signature pages together with the electronically witnessed copies within thirty days after the date of
execution.
Virtual Notarization
On March 19th Governor Cuomo issued Executive Order No.
GROWING TRIAL FIRM
202.7, which allows “virtual notarization” in New York State
subject to certain requirements and is effective immediately
through May 7, 2020.
HIRING
ATTORNEYS AND LEGAL STAFF
WE HAVE BEEN HONORED BY:
Top 100 verdicts in New York in 2016
BEST companies to work for in 2017, 2018, & 2019
One of the top 25 MVA 2016 verdicts in NY
Visit williammattar.com/careers/buffalo-ny to learn more
This Executive Order provides that any notarial act that is
required under New York State law is authorized to be performed
utilizing audio-video technology provided that the following
conditions are met:
1. The person seeking the Notary’s services, if not personally
known to the Notary, must present valid photo ID to the Notary
during the videoconference, not merely transmit it prior to or
after;
2. The videoconference must allow for direct interaction between
the person and the Notary (e.g. no pre-recorded videos of the
person signing);
3. The person must affirmatively represent that he or she is
physically situated in the State of New York;
4. The person must transmit by fax or electronic means a legible
copy of the signed document directly to the Notary on the same
date it was signed;
5. The Notary may notarize the transmitted copy of the
document and transmit the same back to the person; and
6. The Notary may repeat the notarization of the original signed
document as of the date of execution provided the Notary
receives such original signed document together with the
electronically notarized copy within thirty days after the date of
execution.
Continued on Page 16

14 | Spring 2020 | BAEC Bulletin
The Latest in Cyberlaw
ARCHIVE.ORG AND THE
WAYBACK MACHINE
In your law practice, do you use Archive.org, including the Wayback Machine? This free resource
can be helpful in researching legal matters.
BAR ASSOCIATION OF ERIE COUNTY
DISABILITY INSURANCE
PROTECTION
BECAUSE YOUR FAMILY DEPENDS ON YOU
Anne F. Downey
Archive.org is a website operated by The Internet Archive, a 501(c)(3) non-profit organization
that is “building a digital library of Internet sites and other cultural artifacts in digital form. Like
a paper library, we provide free access to researchers, historians, scholars, the print disabled, and the general public. Our mission is to
provide Universal Access to All Knowledge.”
The organization, founded by Brewster Kahle and Bruce Gilliat, began archiving the Internet in 1996, back when the Internet was
first gaining popularity. While others were archiving traditional media such as newspapers, no one was saving archives of the Internet,
and the organization stepped up to fill the void. The organization, headquartered in San Francisco, archives materials from around the
world (excluding Russia and China).
Members of the public can access the Internet archives through the Wayback Machine, a search tool found on the home page at
Archive.org. The name references the “WABAC” machine, a fictional time machine on the animated Rocky and Bullwinkle television
show.
The Wayback Machine search tool does not cover every website, or every page at a website. Rather, the Wayback Machine captures
some pages, at some websites, some of the time. For example, if you type ErieBar.org in the Wayback Machine search field, you will
find materials from the Erie County Bar Association website dating as far back as December 24, 1996. The website may have launched
before that date, but that happens to be the first date when
the Wayback Machine saved this particular website. Moving
forward in time, if you click on 1997, you will find website
archives from that year. Indeed, there are website captures each
year through 2019. In the case of ErieBar.org, the Wayback
Machine saved a copy of the website 348 times between
December 24, 1996 and April 14, 2019.
For more information on protecting your income,
your family, and your practice, contact
Phone: 716-627-5400
Fax: 716-627-5420
E-mail: insurance@ sellersinsurance.com
Underwritten by: Life Insurance Company of Boston & New York, Athol
Springs, NY. This policy provides disability income insurance only. It does
not provide basic hospital, basic medical or major medical insurance as
defined by the New York State Insurance Department. The expected
benefit ratio for this policy is 60%. This ratio is the portion of future
premiums which the company expects to return as benefits, when
averaged over all people with this policy. See the Product Brochure
and/or Policy Form DIC-N (0900) NY for details concerning policy
benefits, limitations and exclusions. CJS573 8/19 Exp. 8/21
Archive.org states “Today we have 20+ years of web history
accessible through the Wayback Machine and we work with
625+ library and other partners through our Archive-It program
to identify important web pages…Today our archive contains
330 billion web pages, 20 million books and texts, 4.5 million
audio recordings (including 180,000 live concerts), 4 million
videos (including 1.6 million Television News programs), 3
million images, and 200,000 software programs.”
Can Archive.org archived materials be used in US litigation?
Some courts require testimony regarding the process that
Internet Archive uses to accurately capture the archived data.
Other courts take judicial notice of the reliability of Wayback
Machine records. See Daniel Capra, Authenticating Digital
Evidence, 69 Baylor L. Rev. 1 (2017).
If you haven’t checked out the Wayback Machine, it’s worth a
look. Pick a favorite website that’s been around for years, and
pick a sample of captures over the years. You will be reminded
just how much the Internet has evolved since the mid-1990s.
The old website pages look positively quaint by today’s standards.
But then again, we were accessing those pages via dial-up
modem.

BAEC Bulletin | Spring 2020 | 15
In the Public Service
On March 12th, Governor Andrew Cuomo signed the first Executive Order in
response to COVID-19, mandating social distancing measures that reduced public
gatherings by 50% capacity. A mere 10 days later, Governor Cuomo signed his
7th modification to the initial Executive Order and instated a 100% reduction in
workforce, and placed New York State “on pause”. The Erie County Bar Association
Robert Elardo Gretchen Gonzalez
Volunteer Lawyers Project (VLP), like many businesses in New York State, found ourselves in the position of having to develop a
plan for 100% remote work for 2 offices seemingly overnight. Our organization was not set up for remote work, we had no internal
policies outlining working remotely and we were facing significant barriers due to the way our server and case management system are
configured. Ironically, mere days before the Governor’s order, our Board of Directors approved a plan to move to a cloud based system
that would allow an easier transition to remote work, but it would take six to eight months to implement. Covid-19 did not allow us
that time. With a little ingenuity and creative thinking, we were able to create several different work arounds so that our staff could
continue working from their homes. We quickly created some remote work policies and procedures to get us rolling and we made them
flexible enough to allow for changes if needed. However, we found that each of our 2 offices had some unique challenges to face.
VLP’S BUFFALO OFFICE AND HELP DESKS
In addition to finding ways for our staff to work from home, we had the additional challenge of finding ways for our clients to access
our services during the crisis. VLP operates 8 different help desks in the courts and in the community where our clients can walk
in and receive same day services. While the courts were closed for all but essential matters, we knew that our clients would still have
many legal issues to deal with, some of which would be arising out of the crisis. We expected questions about the eviction moratorium,
questions about custody and visitation issues, and questions about unemployment benefits. We, like all of the legal services programs
in WNY, wanted to find ways to serve the community in this time of uncertainty and to respond to what we thought would be an
increased need for our services.
We quickly transitioned our Family Court Help Desks and our Housing Helpline into a phone model, our staff were not only on
board with the change but insisted on increasing the time the desks were open from two hours to four hours a day, 5 days a week, to
meet what they correctly perceived as increased need. We also continue to run our intake for unemployment benefits cases and for
general legal services via phone. We decided to expand all of our help desk phone numbers to all 8 counties of Western New York in
order to provide as much assistance as we could in this time of need. From March 17th through April 16th, we have handled 157 calls
on Family Court issues alone. Thankfully, we are not alone in our efforts to continue to serve low-income communities in WNY. A list
of the services offered by all 5 legal services organizations can be found here: https://ecbavlp.com/wny-legal-help/
Unfortunately, not all of our programming was able to transition to a fully remote model. We had several CLE offerings planned for
the spring, including a new mentoring program for child support cases, that we have put on hold until New York State opens again.
However, we were able to proceed with our CLE on How to Handle Immigration Matters before the Board of Immigration Appeals
(BIA). The CLE will take place on May 7th through Zoom meeting. Those interested can sign up by contacting Maria Valeri, VLP’s
Pro Bono Recruitment Coordinator, at mvaleri@ecbavlp.com. We anticipate an increased need for pro bono attorneys to take BIA
appeals in the coming months.
Even with all of the upheaval during this time, we were able to assist with
new Pro Bono endeavors. We had our first WDNY Pro Bono Assignment in
affiliation with VLP. This appointment is under the WDNY’s new Pro Bono
Plan and Vincent Parlato is the first to receive a limited scope case. We look
forward to working with the Court and more federal court volunteers.
VLP BATAVIA AND DETAINED IMMIGRATION HEARINGS
VLP’s Batavia office raised a number of different challenges. Our clients are
detained at the Federal Detention Facility in Batavia and unlike all other courts,
the immigration courts for detained people did not close. While the State
Courts, Federal Courts, and even Immigration Courts for non-detained cases
were all only hearing emergency or essential matters, the decision makers at the
Department of Justice refused to close the detained Immigration Courts.
Safety of our staff was our first priority. On March 17th we sent the Batavia
Court a joint letter from VLP and Prisoners Legal Services asking that
all pending hearings be adjourned for 4 weeks and asking for certain accommodations to help preserve health and due process .
remarkable achievement.
Continued on Page 23

16 | Spring 2020 | BAEC Bulletin
2020-2021 ELECTIONS
Voting Opens May 29, 2020
We are excited to announce our upcoming elections! Your 2021 Candidates are listed below. Watch your email for
upcoming virtual town halls featuring the candidates. Let’s go BAEC! Stay strong, stay the course!
Help set the course for the future of our Bar Association!
All candidates for Bar office have been encouraged to campaign actively. Please thoughtfully consider their words and ideas
before casting your ballot in this year’s election.
Candidates for Vice President
Jeff Baase is one of the founding members of Rupp Baase Pfalzgraf Cunningham, LLC, where his primary
area of practice is defending clients in personal injury litigation. Jeff started his career with Hurwitz &
Fine in 1994 and then moved to Hodgson Russ, LLP for two years. In 2000 Jeff Baase, Dave Pfalzgraf
and Tony Rupp founded Rupp, Baase & Pfalzgraf. They were joined by Tom Cunningham in 2002. The
firm has grown from three lawyers in 2000 to 45 attorneys today. Jeff is the co-leader of the insurance
defense practice group at the Rupp Baase firm.
He served on the Board of Directors of the BAEC from 2013 to 2016 and also served on the Judiciary
Committee for three years. He also has been an active member of the Negligence Committee for many
years. In his past positions with the Bar Association he enjoyed meeting and getting to know attorneys
from other areas of practice and learning about their work.
Jeffrey F. Baase
In addition to the BAEC, Jeff is a member of several other professional organizations including the Claims
and Litigation Management Institute (CLM) and the New York State Trial Lawyers. He is also a member
of the Litigation Counsel of America (LCA), which is an honorary trial lawyers association. He has been
recognized by Buffalo Business First in the Legal Elite edition from 2014 to 2019.
Jeff believes that as attorneys in Erie County we are privileged to practice in a unique and special legal
community. The collegiality and civility that lawyers in Buffalo share with each other is not common
everywhere. Jeff is proud to maintain strong relationships with adversaries and colleagues and always
tries to treat other attorneys with civility. The Bar Association plays an important role in maintaining this
atmosphere of civility.
Jeff is married to Amy Baase and has three children. In his free time he enjoys skiing, riding bikes, and for
many years coaching his kids’ baseball teams. He is a graduate of Allegheny College and SUNY Buffalo
School of Law.
Hugh has been a member of the Bar Association of Erie County since 1987. A graduate of Harvard and
UB Law School, Hugh is a trial lawyer and a member of Hodgson Russ LLP. Over the years, Hugh has
served on the association’s Board of Directors, the Pro Bono Endowment Committee, and the Ethics
Committee. He currently serves on the Continuing Legal Education Committee and the Judiciary
Committee. Hugh has worked on Bar Foundation campaigns, and he was the Chairman of the 2014
campaign. He has served as President and Director of Neighborhood Legal Services, and he is a member
of the American College of Trial Lawyers and the American Board of Trial Advocates.
Hugh M. Russ, III

BAEC Bulletin | Spring 2020 | 17
2020-2021 ELECTIONS
Candidates for Deputy Treasurer
Amber E. Storr is an experienced litigator with Hurwitz & Fine, P.C., focusing her practice on business
and commercial litigation, employment law litigation, professional liability defense, appeals, and mediation.
She has successfully litigated and resolved contract disputes, construction contract litigation, Uniform
Commercial Code sales, commercial paper and banking issues, collection and creditor matters, business
break-ups, employment contract disputes, breaches of fiduciary duties, thefts of trade secrets, and breaches
of non-compete covenants for various business clients. She is also a frequent contributor to Hurwitz &
Fine’s legal alerts for clients and presenter at community organizations on legal updates.
Amber E. Storr
Storr is the Commercial Litigation Co-Chair of the Commercial Litigation and Bankruptcy Law
Committee of the Bar Association of Erie County and an active member of the Alternative Dispute
Resolution Committee. She is a member of the Business and Commercial Litigation Division of the
New York State Bar Association. She is also a member of the Employment Law Committee, Legislative
Committee, and Judicial Screening Committee of the Women’s Bar Association of the State of New York.
Storr is a past president of the Rotary Club of Grand Island and a past president of the University of
Buffalo Law School Alumni GOLD Group Board. Storr has also been selected to the Upstate New York
Super Lawyers and Rising Star lists annually, from 2013 through present.
Kelley A. Omel is an adjunct professor at the University at Buffalo Law School, having recently retired
from the Erie County District Attorney’s Office where she served under five administrations for nearly 30
years. During her time at the DA’s Office she successfully prosecuted all types of general felonies, white
collar crimes and vehicular felonies. She was Chief of the Vehicular Crimes Bureau for 9 years.
In January, she became an adjunct professor at the University at Buffalo Law School (her alma mater) and
since COVID-19, has been zooming 55 students into her dining room. She currently teaches Common
Law 201 in the new undergraduate major program and works with the Family Violence and Women’s
Rights Clinic assisting law students. She will teach Criminal Law in the fall, which she hopes will be in a
real classroom!
Omel has frequently instructed prosecutors and police throughout New York State, as well as members of
the Bar Association on issues of Fraud and Vehicular Crimes.
Kelley A. Omel
While not working, Omel has been active with Lawyers for the Arts (LFA), where she sings with the
all-attorney band, Precinct 4. As LFA’s success grew through the years and as a classically trained singer,
she felt that there were probably other classically-trained musicians that would like to have a forum in
which to perform. As a result, in 2019 she began Lawyers for the Arts/Classical Edition which showcased
classically-trained attorney musicians and artists.
In addition to her legal and musical endeavors, Omel has also had other community involvement. She has
served on the council of Crossroads Lutheran Church, coached the Amherst High School Mock Trial team
(her alma mater) and has served as a Director of the Bar Association of Erie County. Currently, she is an
English as a Second Language tutor, teaching a young woman from Eritrea how to speak English.
THE BYLAWS REQUIRE THAT DUES BE PAID FOR
FISCAL YEAR 2020-2021 BEFORE MEMBERS ARE
ALLOWED TO VOTE IN THE ANNUAL ELECTION.

18 | Spring 2020 | BAEC Bulletin
2020-2021 ELECTIONS
Candidates for Director
Gregory V. Pajak is currently Special Counsel and Senior Trial Attorney with Cellino & Barnes, P.C. His practice focuses on plaintiff ’s personal
injury litigation from inception of a case through trial. As Special Counsel, his responsibilities include handling appeals on a state-wide basis for the
firm’s five offices along with reviewing all dispositive motions and legal briefs.
Pajak was born and raised in Western New York. He attended SUNY Buffalo graduating magna cum laude in 1989 and is a member of Phi Beta
Kappa. He graduated from SUNY Buffalo School of Law receiving his JD in 1992.
Gregory V.
Pajak
Pajak began his legal career as a law clerk in 1990 at a firm then called Grosse, Rossetti, Chelus, Herdzik & DiPasquale, P.C. He became an associate
attorney upon admission to the Bar in 1993 and then in 2000 was named a partner in the firm which became Chelus, Herdzik, Speyer, Monte
& Pajak, P.C. His practice consisted of civil defense litigation including discovery, depositions, motion practice, trials and appeals in automobile
negligence, premises liability cases, Labor Law and products liability matters. He also litigated and provided analysis of complex insurance coverage
issues. Pajak had his plaintiff ’s epiphany in 2007 and joined Cellino & Barnes.
He has been a BAEC member since 1993 and is a past Chairman of the BAEC Negligence Committee (2010-2012). Pajak is honored to have been
the President of the Defense Trial Lawyers Association of Western New York (2006). He previously was a member of the Woman’s Bar Association
of Erie County.
He is a current member of the BAEC Judiciary Committee which evaluates, interviews and rates candidates for judicial office. He belongs to the
BAEC Appellate Practice Committee and the New York State Bar Association. He is also a member of the Western New York Trial Lawyers
Association and was its Treasurer in 2006. He has been awarded a peer reviewed AV Preeminent rating from Martindale-Hubbell. He is a life
member of the Multi-Million Dollar Advocates Forum and was selected to Super Lawyers in 2013.
While a civil defense attorney, Pajak frequently lectured and presented seminars to the Insurance Bar and industry on such topics as motor vehicle
and premises liability, additional insured and contractual indemnity issues, uninsured and underinsured motorist law, disclaimers of insurance coverage
and the Labor Law. He authored an article for the New York State Bar Association JOURNAL entitled Not for the Faint of Heart, Additional
Personal Injury Protection (APIP) Benefits. More recently, he has lectured on appellate oral argument and motions for the BAEC Appellate Practice
Committee. Pajak has been a Hearing Office for the Niagara Frontier Transportation (NFTA) Adjudication Board since 2006.
Outside of the legal field, Pajak was a board member of the Westminster Early Childhood Program, a member of its Endowment Committee from
2012-2014 and was also a member of the Nardin Academy Endowment Committee. Pajak and his husband David Pendley reside in Buffalo with
their daughter, Ellie.
Thomas P. Kawalec started his legal career in 1998 with the law firm of Chelus, Herdzik, Speyer & Monte PC and was named a member in 2006.
Over the course of his 22 years in practice, Tom has focused his practice primarily on the defense (and occasionally the prosecution) of variety of
personal injury matters including products liability claims, Labor Law claims, and insurance coverage disputes.
Tom immigrated to the United States from Poland at the age of 10 wearing a sign with his name around his neck and almost no English in his
vocabulary to join his parents, who had immigrated to Buffalo a year earlier. After an initial intensive course of learning English through watching
Looney Tunes cartoons, Tom eventually graduated from Our Lady of Black Rock School and St. Joseph’s Collegiate Institute. He graduated from the
University of Buffalo in 1995 with dual Bachelor of Arts degrees in Political Science and International Studies as well as a Minor in Polish Studies.
Tom graduated from UB Law School in 1998, where he was awarded the Western New York Trial Lawyers Association’s 1998 Robert J. Connelly
Award for “Excellence in Trial Advocacy”.
Thomas P.
Kawalec
An active member of the Bar Association of Erie County, Tom has served on the Judiciary Committee for the last six years. Additionally, he has
served as Treasurer for the Defense Trial Lawyers Association of Western New York since 2011 and its Director from 2008 to 2011; Director for the
Charles S. Desmond Inn of Court since 2009 and its Treasurer from 2007 to 2008. Tom has been named as an Upstate New York Super Lawyer each
year since 2009. A native Polish speaker, Tom continues to provide legal counsel and services to Polish speaking residents of Western New York. Tom
is an avid cook and fan of live music. He lives in Amherst with his equally avid concert-going, food and travel loving partner, Kelly Philips, and their
children, John (“Jack”) and Caroline.
Kelly is a Supervising Attorney at the Center for Elder Law & Justice in the Healthcare Advocacy Unit. She represents clients in appeals and grievances
involving Medicaid, Medicaid Managed Long Term Care, Medicare, and private health insurance companies. Kelly also serves in number of
coalitions that advocate for clients’ healthcare rights in New York State. She has been an active member of the Bar Association of Erie County since
2015 and has served as Chair of the Elder Law Committee since 2018. Kelly is also a member of the New York State Bar Association where she
participates in the Heath Law and the Elder Law and Special Needs Committees and is a member of the Women’s Bar Association of the State of
New York.
Kelly grew up in Western New York and earned her Bachelor of Arts from SUNY at Buffalo, and her Juris Doctor from SUNY Buffalo Law School.
She was highlighted in the Buffalo News 2019 Prospectus issue as a “next generation” leader in her field. Kelly was also honored as a member of Buffalo
Business First’s 30 Under 30 Class of 2018 and has been selected for inclusion in Super Lawyers® Rising Stars from 2019 – 2020.
Kelly Barrett
Sarama
Outside of the office, Kelly is an active fundraiser for the American Foundation for Suicide Prevention’s annual Out of the Darkness Walk in Buffalo
and previously sat on the Board of Directors for Preventionfocus, Inc. from 2017 – 2020.

BAEC Bulletin | Spring 2020 | 19
2020-2021 ELECTIONS
Candidates for Director
Jennifer Metzger Kimura is a Staff Attorney in the Civil Unit at the Legal Aid Bureau of Buffalo, Inc. where she serves as public defender in Buffalo
City Housing Court. Jennifer defends homeowners against code violation citations, and defends homeowners throughout Erie County. Additionally,
Jennifer defends homeowners in the City of Buffalo’s In Rem Tax Foreclosure process and practices in the areas of landlord/tenant law and fair
housing law. Prior to joining the Legal Aid Bureau, she was a Staff Attorney at Housing Opportunities Made Equal, Inc. (HOME), a non-profit
fair housing organization fighting housing discrimination in Western New York. Jennifer is invested and passionate about preserving affordable
housing throughout Western New York and often collaborates with other municipalities, nonprofit entities and advocacy organizations to educate and
encourage development of affordable housing in local neighborhoods.
Jennifer
Metzger
Kimura
Jennifer is a strong advocate for diversity. She collaborated to co-found a Diversity and Inclusion Committee at the Legal Aid Bureau where she
currently sits as Vice-Chair. She is an active member of the Bar Association of Erie County and is a member of the BAEC’s Diversity & Inclusion
Committee. Her BAEC Committee work further includes serving as chair to the Diversity & Inclusion Committee’s pipeline initiative efforts. To
that end, Jennifer helped develop a subcommittee to address pipeline initiatives that can prepare, steer and encourage minority students to seek careers
in the field and practice of law. Jennifer’s board activities come from her years of experience in serving the Minority Bar Association of WNY where
she held multiple positions, including serving as a previous Vice-President and Chair of the organization’s Judicial Ratings Committee.
Jennifer was named one of WNY’s 40 under 40 by Buffalo Business First in 2017 and was recipient of the NYSBA’s prestigious Denison Ray Civil
Awards for her exemplary work in civil legal services to low-income New Yorkers.
Jennifer resides in Lancaster, New York with her husband Kenji, and their two adorable sons, Benjamin and Andrew. Outside of her legal work,
Jennifer enjoys playing tennis, running, and spending time with family and friends.
For over 25 years, John Condren has been an active and participating Member of the Bar Association of Erie County. He is currently employed as a
Senior Trial Attorney with Barth Sullivan Behr, LLP, where he focuses on the defense of personal injury actions and insurance coverage claims in New
York State and Federal Court at the trial and appellate levels. He is a 1988 Bachelors’ of Arts graduate in Psychology from the University of Buffalo
who obtained his Juris Doctor from the University of Toledo College of Law in 1992. He is admitted to practice in New York State, the US District
Court for the Western and Northern Districts of New York, and the US Supreme Court.
Mr. Condren is a frequent presenter on topics associated with his practice areas. He is a member of the BAEC Negligence Committee, the Defense
Trial Lawyers Association of WNY, the Western New York Trial Lawyers Association, the New York State Bar Association (TICL Section), the
Defense Research Institute, the Buffalo Claims Association, and the Defense Association of New York.
John R.
Condren
Mr. Condren is also an active volunteer having previously served on the Executive Boards of Camp Good Days and Special Times, Inc. and the
Literacy Empowerment Action Plan of WNY, Inc. Currently, he is involved with the 11 Day Power Play, Inc., having the privilege of being an
“Original 40” player in the 2017 world-record setting event for the longest continuously-played ice hockey game. He continues to skate in the
“Community Shift” events and further serves as an Executive Board Member and Secretary for the NFP Corporation. He also volunteers with the
Amherst Soccer Association and has acted as a mock trial judge for the BAEC High School mock trial tournament, the University of Buffalo and
SUNY Geneseo college tournaments, and the University of Buffalo Law School tournament for the last 20 years. Mr. Condren resides in Amherst,
New York with his Wife, Children and 2 dogs.
Marc W. Brown, partner with Goldberg Segalla LLP, and member of the firm’s Business and Commercial Practice Group Leadership, is one of the
foremost real estate title litigation and coverage attorneys practicing in New York State. Brown also concentrates his practice in real property tax
certiorari proceedings, contractual disputes, personal injury, and collection enforcement. Brown has experience in professional liability matters relating
to commercial and residential real estate transactions, and has extensive appellate experience having argued approximately twenty appeals across three
of the four New York State Supreme Court Appellate Divisions. Brown has been selected by Best Lawyers in America for insurance litigation and
is widely regarded as among the top title insurance litigators, with a reputation built on handling multi-million dollar title disputes involving large
commercial real estate projects. In addition, he has received an AV Preeminent Rating by Martindale-Hubbell’s Judicial and Peer Review Rating
Program.
Marc W.
Brown
Brown received his BA and MBA from Binghamton University before returning to Buffalo to attend UB Law School where he was the President of
the Moot Court Board and Executive Editor of the Human Rights Law Review. Prior to joining Goldberg Segalla LLP, Brown clerked at the New
State Supreme Court, Appellate Division, Fourth Department in Rochester. After his clerkship, Brown worked for Harter Secrest & Emery LLP in
Rochester before moving back to Buffalo to work at Phillips Lytle LLP.
Brown was selected to Business Journals’ National List of Legal Influencers where he was recognized in an elite group of one hundred attorneys across
the nation who are having an impact on the business of law in communities. Brown is regularly selected to Super Lawyers for both the Upstate New
York and New York City Metro markets. He was previously named by Business First to its Legal Elite of Western New York list in commercial
litigation, and was selected for its 40 Under Forty Award. In addition, Brown was selected by the Daily Record as one of its Up & Coming Attorneys,
and received Empire State Council recognition by the New York State Bar Association for his pro bono service.
Brown’s involvement with the BAEC included being a regular on its Speakers Bureau and the former You and the Law program on WBFO. Most
recently, Brown has been part of the BAEC Task Force on Real Property Needs. Beyond the BAEC, Brown has been very involved in community
and professional organizations on both the local and national level. Locally, Brown served as President of the UB Law Alumni Association, and
is currently a member of the UB Law Dean’s Advisory Council. He is also a member of the Niagara Business Associates, a private association of
business owners and senior executives in the Buffalo Niagara Region, and previously served as Co-President of the Kadimah School of Buffalo
Board of Trustees. Nationally, Brown served as the Chair of the American Bar Association Tort Trial and Insurance Practice Section (“TIPS”), Title
Insurance Litigation Committee, and is currently on TIPS’s Scope and Correlation Committee. In addition, he is a member of the Binghamton
University Harpur College National Law Advisory Council Steering Committee.
Brown resides in the Town of Amherst with his wife, Shira, and their three children, David, Deborah, and Joshua.

20 | Spring 2020 | BAEC Bulletin
2020-2021 ELECTIONS
Candidates for Director
Kara M. Addelman is a partner at Kenney Shelton Liptak Nowak, LLP where she co-chairs the Professional Liability Practice Group. Addelman
represents medical professionals, attorneys, insurance brokers, engineers and architects, and other professionals in litigated and licensing matters. In
addition, Addelman specializes in municipal liability, commercial litigation, and personal injury matters in which she represents both defendants and
plaintiffs in State and Federal Courts. Addelman frequently handles appeals and complex motions in high exposure matters. She also counsels clients
regarding strategies to limit future exposure.
Kara M.
Addelman
In addition to being a longtime member of the Bar Association of Eire County, Addelman spent a decade on the Board of Directors for the WNY
Chapter of the Women’s Bar Association of the State of New York (WBASNY WNY), an organization devoted to the advancement of the status
of women in society and in the legal profession and to the fair and equal administration of justice. Addelman served as WBASNY WNY’s 34th
President, Treasurer, Secretary, State Director, Local Director and as Chair of the organization’s Awards, Membership, and Finance Committees.
She is concluding her term as Immediate Past President and currently serves as Chair of the Nominations Committee. Addelman is also member
of Minority Bar Association of WNY, Women Lawyers of WNY, New York State Bar Association, WNY Trial Lawyers, and the UB Law Alumni
Association.
Addelman has been named to Buffalo Business First’s 40 Under 40, The Buffalo Law Journal’s Legal Elite Leaders, The Daily Record’s Top Women
in Law, and Super Lawyers’ Rising Stars.
A lifelong resident of Western New York, Addelman graduated from UB School of Law in 2008 where she served on The Buffalo Law Review.
Addelman resides in Amherst with her husband and law partner Jesse Baldwin, their three children, Sam, Lena, and Nate, and their dog, Gus.
Peter J. Crotty is the Principal Law Clerk to Hon. Joseph R. Glownia, J.S.C., where he manages the litigation of all matters assigned to the Court.
He serves as the liaison between the Court and the litigants, overseeing cases from their inception throughout discovery, settlement negotiations, and
trial. He advises the Court as to the factual circumstances, and legal merits of all matters pending before the Court.
Previously, Crotty served as Principal Law Clerk to Hon. Timothy J. Drury, J.S.C, where his responsibilities were similar to those described above.
Crotty also served for several years as Drury’s Confidential Law Clerk in Erie County Court, managing a robust docket of criminal cases. In County
Court, Crotty counseled the judge on various aspects of criminal matters ranging from arraignment and bail review, to pleas, suppression motions,
discovery, trial procedure, and sentencing. Crotty was also responsible for the Court’s administration of NYS pistol permit applications, NYS Sex
Offender Reclassification Act petitions, and the litigation of civil appeals from Buffalo City Court.
Peter J. Crotty
Crotty was also an Erie County Assistant District Attorney where he worked for several years as a prosecutor under District Attorney, Frank J. Clark,
III. As an ADA, Crotty took part in all phases of criminal prosecutions including felony trials ranging from grand larceny to homicide. He was cochair
in the trial and conviction of quadruple murderer Frank W. Murphy, who was sentenced to 50 years incarceration for a homicidal spree in 2001.
He also participated in many training sessions as a student at the National District Attorneys Association in Columbia, South Carolina.
Crotty lives with his wife, Amanda and three school-aged children in North Buffalo where he volunteered for many years with the Buffalo Bisons
Hockey Organization as both a team manager and scorekeeper. Crotty has also volunteered as a coach with Delaware Soccer Club, a mentor with
Lawyers for Learning, and as a Moot Court Judge for competitions hosted by U.B. Law School. He has also mentored numerous law students
through his participation in the U.B. Law School summer law clerk internship program.
Prior to Law School, Crotty worked as a land surveyor, ironworker and college radio disc-jockey. He is a guitarist, but has no illusions about leaving
his day job, where he will continue to sharpen his focus on competent, professional and accommodating public service.
Mark Peszko, a graduate of the University of Tulsa College of Law, has been a sole practitioner in the City of Buffalo since 1989. With an office
in the Brisbane Building, his practice is focused on residential and commercial real estate, elder law, estates, small business matters, social security
disability, and lower-level criminal defense. He also serves as a small claims property tax assessment review hearing officer in the Eighth Judicial
District.
A thirty-year member of the Bar Association of Erie County, Mark currently serves on the Real Property Law, Criminal Law, and Lawyer Referral
Committees. He is a member of the Assigned Counsel Panel, the New York State Defenders Association, and the New York State Bar Association.
He fondly recalls his participation for a number of years as a “cast member” in what was the Association’s Annual Bar Revue as his most his enjoyable
BAEC activity.
Mark J.
Peszko
Proud of his Polish heritage and the neighborhood of his youth, Mark recently co-authored “Blackrock – A Pictorial History” published by the Grant-
Amherst Business Association of which he has been a long-term member. He is the Vice-President of the Blackrock History Museum, a member of
the Western New York Chapter of the Kosciuszko Foundation, and a former Trustee of the Kosciuszko Foundation in New York City. Mark has been
a tenor with the Buffalo Gay Men’s chorus since 2003 and is Chairperson of its Nomination and Election Committees. He lives in Parkside with his
partner David Schopp, the Executive Director of the Legal Aid Bureau of Buffalo.

BAEC Bulletin | Spring 2020 | 21
2020-2021 ELECTIONS
Candidates for Director
Sam Alba is a junior partner with Friedman & Ranzenhofer, P.C., where he has worked since March of 2015. His practice areas include labor &
employment (with a focus on wage & hour), criminal defense, plaintiffs’ personal injury, matrimonial and family law, municipal law and Article 78
proceedings, litigation, and class actions. Sam also works as the village attorney and deputy village prosecutor for the Village of Depew.
Sam is the only incumbent candidate, in that he currently sits as an Elected Director of the Bar Association of Erie County, where he has served for
the last year. In his time as a Bar Director, Sam has worked to foster the relationship between U.B. Law School and the Bar Association and worked
to promote complimentary bar memberships to law students. Providing mentorship and resources for young lawyers and law students is an issue that
Sam cares about immensely and hopes to continue work on expanding, if he is fortunate enough to earn your vote.
Samuel A.
Alba
Sam grew up in Yonkers, New York but has lived in the Western New York area since 2008, first in the City of Buffalo and then in Amherst, New
York. He earned his B.S. in Legal Studies & Theater (Cum Laude) in 2011 from S.U.N.Y. Buffalo State College. He then attended U.B. Law School
and earned his J.D. in 2014 with a concentration in Civil Litigation.
Sam is currently a board member of the U.B. Law Alumni Association’s G.O.L.D. (Graduates of the Last Decade) Leadership Group, where he
co-chairs the sponsorship committee and serves as Deputy Treasurer. Sam is also a member of the Bar Association of Erie County’s Young Lawyers’
Committee, Criminal Law Committee, and the Matrimonial and Family Law Committee. Sam is on the board of the W.N.Y. Media Professionals,
where he sits on the committee overseeing the restoration of the Broadway Sattler Theater located at the intersection of Jefferson and Broadway on
Buffalo’s East Side. He is a past president of the Williamsville P.T.S.A. Council and was the youngest person to ever hold this position.
During law school, Sam was the president of the Jewish Law Student Association (2013-2014), a member of two national trial teams, and a member
of two Albert R. Mugel National Tax Moot Court teams. Sam also regularly volunteers as a mock trial judge for the New York State Bar Association’s
high school mock trial competition. He currently resides in Williamsville with his wife, three children, two cats, and one slightly overweight (but
dieting) Black Labrador. In his free time, Sam loves to play with his children, play guitar, and also enjoys skiing.
The silver lining of Sam’s quarantine has been that, while working from home, he gets to see his children’s smiling faces every time he takes a break,
likely, to eat cookies.
Candidates for Nominating Committee
Aaron J.
Aisen
Andrew J.
Freedman
Michael H.
Kooshoian
Cheryl
Meyers Buth
VOTING INSTRUCTIONS
The polls will open at 9am on Friday, May 29, 2020. The polls will close at 5pm on Friday, June 26, 2020.
There are two ways you can vote:
• Online
• Mail-in ballot
Due to the ongoing health crisis, at this time, we do not anticipate permitting in-person voting. If that decision changes,
you will be notified.
Voting Online
Online voting will commence Friday, May 29, 2020 at 9am, and will conclude at 5pm on Friday, June 26, 2020. Online
voting instructions will be mailed out and can also be found at eriebar.org/elections.
Voting By Mail
Any member may vote by using a proxy. Please contact us to request a proxy no more than thirty days prior to the
Annual Meeting (6/26/2020). Mailed-in ballots must be received at the office of the Association, either by hand delivery
or U.S. mail not later than 5pm on Thursday, June 25, 2020. Due to the ongoing health crisis and our efforts to maintain
social distancing, we urge you to mail proxy ballots rather than drop them off in person.

22 | Spring 2020 | BAEC Bulletin
DEATH & TAXES
Continued from Page 12
IRS Will Accept Images of Signatures
On March 27, 2020, the IRS Deputy Commissioner for Services and Enforcement issued a Memorandum approving the acceptance
by the IRS of images of signatures and digital signatures on documents “related to the determination or collection of tax liability.”
The memorandum specifically states: “The categories of documents included in the scope of this memorandum are: extensions of
statute of limitations on assessment or collection, waivers of statutory notices of deficiency and consents to assessment, agreements
to specific tax matters or tax liabilities (closing agreements), and any other statement or form needing the signature of a taxpayer or
representative traditionally collected by IRS personnel outside of standard filing procedures (for example, a case specific Power of
Attorney).”
That language does not appear to apply to ordinary income tax returns.
The Memorandum permits IRS employees to accept documents via e-mail and to transmit documents to taxpayers using SecureZIP or
other established secured messaging systems.
A copy of the Memorandum may be found at: https://www.actec.org/assets/1/6/Digital_Image_Signature.pdf
Bailout Relief for IRAs and Other Retirement Plans
The recently enacted Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) -- the $2 Trillion Bailout-- contains some
very helpful provisions in regard to retirement plans. The Act waives the Required Minimum Distribution (“RMD”) requirements for
2020 for Defined Contribution retirement plans, including 401(k), 403(b), 457(b) and IRA plans. Thus, a retired person won’t have to
liquidate seriously depreciated stocks in order to make the 2020 RMD.
Further, the Act waives the 10% early withdrawal penalty tax for early withdrawals up to $100,000 from a retirement plan or IRA
for an individual who is: (1) diagnosed with COVID-19, (2) whose spouse or dependent is diagnosed with the virus, or (3) who
experiences financial consequences as a result of being quarantined, furloughed, laid off, having hours reduced, being unable to work
due to lack of child care due to COVID-19, closing or reduced hours of a business owned or operated by the individual due to
COVID-19.
The Act permits those individuals who make such early withdrawals to pay the tax on the income ratably over a three-year period.
It also allows individuals to repay that amount tax-free back into the plans over the next three years. Those repayments will not be
subject to retirement plan contribution limits.
Coronavirus Emergency Small Business Loans
As part of the CARES Act, Congress enacted the Paycheck Protection Program, which provides 100% federally guaranteed loans
to small business. Importantly, these loans may be forgiven if the borrowers maintain their payrolls during the Coronovirus crisis or
restore their payrolls afterward. Small businesses with fewer than 500 employees are eligible. The maximum loan amount is 2-1/2
times the average monthly payroll costs.
A borrower is eligible for loan forgiveness equal to the amount the borrowe4r spent on the following items during the eight week
period beginning on the date of the origination of the loan:
• Payroll costs
• Interest on mortgage obligations incurred in the ordinary
Are your personal injury or commercial disputes dragging
on and on and costing you time and money?
Consider the alternative...
ALTERNATIVE DISPUTE RESOLUTION
Consider Lynn D. Gates
Experienced Arbitrator/Mediator
Awarded Who’s Who in Law for Arbitration/Mediation (Buffalo
Law Journal and Business First); Business First’s 2013 Legal Elite
of Western New York; rated AV Preeminent by Martindale-
Hubbell; rated as Super Lawyer for Alternative Dispute Resolution
Upstate Division 2011; Member of the National Academy of
Distinguished Neutrals
Reasonable Rates
716-852-1544 ext. 314
Smith, Murphy & Schoepperle, LLP
Ellicott Square Building • 295 Main Street, Suite 786 • Buffalo, NY 14203
course of business
• Rent on a leasing agreement
• Payments on utilities
The program is going to be administered through the federal
Small Business Administration (SBA), and SBA affiliated
banks.
Professional firms that continue to operate during the crisis,
even if from home, should be eligible for this program.
More information is available at from the Small Business
Administration website at https://sba.gov or at most banks and
SBA lending institutions.

IN THE PUBLIC SERVICE
Continued from Page 14
BAEC Bulletin | Spring 2020 | 23
When that letter was ignored, we issued a directive on March 22nd that no VLP staff were permitted to enter the Detention Facility
to interview clients or to appear at in-person at hearings at the courtrooms which are inside of the detention facility. This was an
extraordinary measure in light of the fact that our attorneys had hearings scheduled. They filed individual motions to continue
hearings, but most were denied. One denial even justified itself by stating, “There is no outbreak here yet.”
The Court started calling our lawyers when the cases were scheduled with the intent to proceed telephonically. We objected. We
had no meaningful access to our clients and were unable to adequately prepare. It was a due process disaster for our client to be in the
courtroom while we were on the telephone, and communication was often further complicated by our client’s need for interpretation
services. Our objections were denied and the court plowed ahead.
Blanca Owen, Senior Staff Attorney, was the first to handle a telephonic hearing. Remarkably, Blanca was not only able to navigate
this horrible system, she was able to win. The client was released and can remain in the country. Our second case was assigned to a
VLP staff attorney who was quarantined at home with COVID-like symptoms. His request for a continuance due to illness, inability
to adequately prepare the case, and the denial of due process caused by the hearing being by telephone was denied and he was forced to
proceed by phone. The judge ruled against our client, but we have a number of grounds for appeal.
Pleas from the New York Attorney General, federal elected officials such as Congressman Higgins, the National Association of
Immigration Judges, the union representing the government attorneys, and the American Immigration Lawyers Association all fell on
deaf ears. Immigration Judges, people working in the court, lawyers and detainees around the country (including 11 in Batavia) have
been found to have COVID-19 and yet, as of April 17th, the detained Immigration Courts are still hearing full calendars.
Emma Buckthal, Immigration Program Director; Brenda Cisneros, Supervising Immigration Attorney; and all of the staff that work
on the detained immigration cases deserve tremendous amounts of credit. Working from home without the office resources and
without meaningful access to their clients, they were able to win 5 of the first 6 decisions we received for telephonic hearings. Truly, a
remarkable achievement.
ATTORNEYS ARE STILL VOLUNTEERING
We want to thank all of the attorneys that have offered to volunteer over the past few weeks. So far, with almost all of the court
proceedings shut down, we have not had opportunities for many of you. Our own staff is taking care of the variety of call-in lines
we are operating and the detained immigration hearings that are still going on telephonically require highly specialized training
(Immigration lawyers, there is an opportunity for you!).
However, things are changing as we head towards (hopefully)
ARBITRATE OR MEDIATE YOUR CASE
Since 2001, I have been honored
to have been chosen to serve as a
mediator or neutral arbitrator in over
3,000 claims which were pending in
our court system. The vast majority
of the non-binding mediations were
successfully resolved. In addition to
having over 30 years of experience
in the litigation and trial of personal
injury claims, I have lectured on
behalf of the Bar Association of Erie
County’s Erie Institute of Law and
have given in-house presentations on
the topic of ADR. I am a past President of the Western New York
Trial Lawyers Association, and a charter member of the NYSBA’s
Dispute Resolution Section. I am also a Certified Federal Court
Mediator. My fees are extremely reasonable, certainly a more cost
effective alternative than a trial. I will be as flexible as possible in
terms of scheduling and location, resulting in a quicker and more
convenient resolution of your claim.
MICHAEL MENARD
69 Delaware Ave., Suite 705, Buffalo, NY 14202
(716) 842-6700 | FAX: (716) 842-6707
menardlaw@aol.com
www.menardlaw.com
coming out of this shelter in place period. We are expecting
unprecedented numbers of people needing help with
unemployment insurance claims and with Family Court matters
such as child support, visitation, and custody. Once evictions
are again permitted, we expect high volume of cases at our
Attorney of the Morning Program in Buffalo City Court. We
also expect an increased number of immigration appeals due
to the due process issues in the detained immigration hearings.
We encourage anyone who wishes to learn how to handle an
immigration appeal to attend the CLE on May 7th. Anyone
interested in volunteering should contact Maria Valeri, our Pro
Bono Recruitment Coordinator at mvaleri@ecbavlp.com.
Thank you for supporting access to justice and programs like
VLP. Stay safe.
Robert Elardo has been with VLP since 1984 and serves
as VLP’s Executive Director/CEO.
Gretchen Gonzalez first joined VLP in 2012 and serves as
VLP’s Deputy Director.

24 | Spring 2020 | BAEC Bulletin
Bar Association of Erie County
IN MEMORIAM
We wish to honor the memory of the following members of our Bar Association. Memorial gifts to the Erie County
Bar Foundation are an excellent way to remember friends and colleagues, as gifts are used for the benefit of the entire
profession.
Robert I. Gannon
Thomas Andruschat
Patrick J. Roach
Hon. Joseph S. Mattina
Hon. Michael Telesca
Gerald J. Greenan, Jr.
Roger P. Williams
Eileen Tomaka
William F. Keenan
Robert David Lipman
Hon. Frank R. Bayger
Christ Gaetanos
Hon. Joseph S. Forma
Lucian C. Parlato
“The heart hath its own memory, like the
mind. And in it are enshrined the precious
keepsakes, into which is wrought the giver’s
loving thought.”
~ H.W. Longfellow
Let Us Assist You With Your SSD & SSI Cases
• We have a winning track record with over 20,000 favorable decisions.
• We pay referral fees as allowed by New York Rules of Professional Conduct.
• Your client relationship is protected.
Please call us at 716-856-7091, email Jeffrey Freedman Attorneys at info@jeffreyfreedman.com.
Administrative Office: 424 Main St., Suite 622 Buffalo, NY 14202 | Prior results do not guarantee or predict a similar outcome with respect to any future matter.

BAEC Bulletin | Spring 2020 | 25
FOUNDATION CONTRIBUTIONS TO BENEFIT PROFESSION
Contributions to the Erie County Bar Foundation provide an excellent vehicle for recognizing and honoring members of our profession.
Memorial gifts to the Foundation become a lasting tribute to the entire legal profession, as funds are used exclusively to assist attorneys and
promote understanding of our legal system. The Foundation gratefully acknowledges the following contributions:
In Honor of all of the dedication, hard work
and spirit of our WNY Attorneys:
Bridget M. O’Connell
In Honor of Hon. Jeremiah J. Moriarty, III,
upon his Retirement:
Howard & Marylou Kleiman
In Memory of Bernadette Hoppe:
Mark & Sarah Worrell
In Memory of Peter Mark Kooshoian (Father
of Peter Matthew Kooshian & Michael H.
Kooshoian):
Thomas C. Farley, Jr.
In Memory of Michael McMorrow, Sr. & Jr.:
Jim & Mary Shea
In Memory of Thomas E. Andruschat:
Blinkoff & Blinkoff, PC
George R. Grasser
Hon. Timothy J. Drury
Michael & Nancy Brady
In Memory of Carl Tronolone:
Robert J. Tronolone
In Memory of Hon. James B. Kane:
Harry Brand
In Memory of Diane Schwach:
Lawrence R. Schwach
In Memory of Harry Mooney:
Robert M. Lippman
In Memory of Richard S. Kulick:
Ronald Willig
In Memory of Roger Williams, a long ago bus
buddy:
Bernard B. Freedman
In Memory of Barbara Huff Wylegala
(Mother of Gretchen L. Wylegala):
Michael & Nancy Brady
In Memory of Hon. John T. Curtin:
Colleen Curtin Gable
In Memory of Thomas E. Schofield:
Bruce Zeftel & Barbara Delgross
In Memory of Robert Cox:
Cara Cox
In Memory of Robert I. Gannon (Brother of
Joseph T. Gannon):
Ann L. Pizzuto
Anthony & Christine Notto
Bar Association of Erie County
Bonnie M. Kirisits
Carol Nicholson
Daniel & Deborah Grimm
David R. Pfalzgraf
Donna & Thomas Gannon
Dorothy R. Tokarczyk
Elizabeth A. Gannon & Kelly G.
Emmick
Gloria & Kenneth Bauss
Grace M. Gannon
Hon. Timothy J. Drury
Jim & Mary Shea
Joel L. Daniels
Martin & Carole Maher
Michael & Terri Ohlweiler
Patrick J. Brown
Patrick Reynolds
Peter C. Nigrelli
Richard Collins
Robert & Jean Aleksandrowicz
Santina & Joseph T. Gannon, Jr.
The Kendry Family
Thomas & Amy Fuchs
Trident Anesthesia Group, LLC,
Palmetto Anesthesia of Charleston,
LLC and Coastal Anesthesia
Associates, LLC
In Memory of Billy Keenan, a good lawyer
and a great runner:
Bernard B. Freedman
In Memory of Mary K. Davey Carr:
Coleman Volgenau
In Memory of Hon. Joseph S. Mattina:
Bar Association of Erie County
Brevorka Law Firm, PC
Hon. Salvatore R. & Mary Dee
Martoche
Hurwitz & Fine, PC
Joel L. Daniels
In Memory of Elizabeth “Liz” Jaeger
(Secretary to Hon. Deborah A. Chimes):
Michael & Nancy Brady
In Memory of Marianne C. Whiting:
Jeffrey L. Whiting
In Memory of Philip H. Magner, Jr.:
Harry Brand
In Memory of Gerald J. Greenan, Jr. (Father
of Gerald J. Greenan, III and Margaret
Greenan Bebak):
Bar Association of Erie County
Blinkoff & Blinkoff, PC
Debra A. Ritz
Jim & Mary Shea
Mr. & Mrs. Robert J. Kresse
In Memory of Chief Thomas J. Moran,
Buffalo Police Department:
Daniel M. Killelea
In Memory of Frances Berger (Sister of
Howard Berger):
Diane F. Bosse
In Memory of J. Thomas Fuoco, Esq.:
Warren M. Emerson
In Memory of John Condon:
John P. Pieri
In Memory of Roger P. Williams:
Hon. Salvatore R. & Mary Dee
Martoche
Joel L. Daniels
Michael & Nancy Brady
In Memory of Tom Andruschat, a law clerk’s
law clerk:
Bernard B. Freedman
In Memory of Hon. Michael Telesca:
Hurwitz & Fine, PC
In Memory of Julia Roberts:
Nicole Graci
In Memory of Eileen Tomaka:
Thomas Santa Lucia
In Memory of Neil Sherwood, Esq.:
Daniel R. Connors
In Memory of William F. Keenan:
Bar Association of Erie County
Coleman Volgenau
Daniel D. Shonn, Jr.
David R. Pfalzgraf
George R. Grasser
Jim & Mary Shea
Joel L. Daniels
Ken Mack

26 | Spring 2020 | BAEC Bulletin
LAW DAY 2020 AWARD WINNERS
ANNOUNCED
Because we are unable to come together for our annual Law Day Luncheon to recognize the achievements
of members of our community, we want to take every opportunity we can to highlight our award winners
and thank them for the contributions they have made to Western New York. Congratulations to our 2020
Law Day award winners!
LIBERTY BELL AWARD
Hon. Kevin M. Carter and Hon. Brenda M. Freedman
Erie County Family Court
SPECIAL SERVICE AWARD
Alicia M. Tabliago
Resource Coordinator, Buffalo Human Trafficking Intervention Court
POLICE OFFICER AWARD
Chief D.J. Granville
Detective, Erie County Sheriff’s Office
Hon. Kevin M. Carter and Hon. Brenda M. Freedman have accomplishments in our courts and our community too numerous
to mention in detail here. Each is dedicated to Western New York and passionate about their work. They live out every day
their commitment to the rule of law and their compassion for our children. Today, we celebrate one aspect of their community
service, one that has strengthened our system of justice. We offer this Liberty Bell award to these judges together for their
efforts in implementing the new Raise the Age legislation. Insightful about the policies impacting young offenders and
conversant with the legislative history, the new law and the underlying studies about brain development, rehabilitation and
consequences, these judges educated others in the legal field, coordinated logistics and introduced this new system to the
Western New York community seamlessly. Colleagues and community members alike have praised them for their efforts, and
their ‘authentic understanding’ of the struggles of our youth> We are proud to recognize their efforts on Law Day.
Alicia M. Tabliago has been the Resource Coordinator for the Buffalo Human Trafficking Intervention Court (HTIC) since its creation in
2013. Her duties include, but are not limited to: screening individuals referred to the court and creating an individualized treatment plan for
each; identifying and securing support resources for victims; assisting in obtaining grants; and educating the courts, police and public at large
of the work of the HTIC. Ms. Tabliago has been instrumental in helping victims of human trafficking find jobs, secure housing, obtain orders
of protection, receive drug rehabilitation, and attain numerous other opportunities as they escape the horrors of being trafficked. The many
letters in support of her nomination tell of Ms. Tabliago’s alacrity to work collaboratively with everyone she encounters to assist not only the
individual victims, but also to improve our system of justice. She has the reputation of going above and beyond her duties to help those most in
need. Further, she has helped the judges and the attorneys who practice in the HTIC by participating in giving statewide training, developing a
screening tool used by the court, and, most recently, taking the lead on the court’s successful effort to obtain a $500,000 federal government grant.
Ms. Tabliago’s willingness to extend herself for the good of the legal profession, courteous treatment of all, outstanding dedication to the HTIC
and the victims who come before that Court make her very deserving of this award.
Chief D.J. Granville has been selected to receive this award in recognition of his exemplary 21-year career. He has earned the respect and
admiration of his colleagues, prosecutors, judges and defense bar for his professionalism and ethics. The detective’s work with the FBI Career
Criminal Task Force resulted in the dismantling of numerous gangs and drug trafficking organizations in the city of Buffalo. In his position as
chief of the narcotics unit, Chief Granville’s stewardship resulted in the seizure of millions of dollars’ worth of cocaine, heroin and fentanyl. He
has brought, and continues to bring, dignity to the law enforcement profession. He is a credit not only to law enforcement, but also to the legal
system as a whole. This Association is pleased to acknowledge publicly Detective Granville’s exceptional service.
JUSTICE AWARD
Aimee L. Neri, LMSW
Senior Liaison, New York State Child Welfare Court Improvement Project
The Justice Award is bestowed to recognize individuals and programs that have substantially contributed to the improvement of our system of
justice. Aimee Neri, LMSW, has dedicated much of her career to improving our system of justice through improved practices in Family Court
and has worked, as one judge noted, “to make Family Court more inclusive, more equitable and more responsive to trauma affecting litigants.”
Ms. Neri’s work with the Child Welfare Court Improvement Project has improved outcomes for youth in foster care. She has done this through
her deliberate, careful efforts to improve communication amongst systems. She allows colleagues to honestly appraise the history of policies and
practices in child welfare that have impacted our most vulnerable population, children.
Ms. Neri has also been a lead facilitator for many of the committees that work to improve other practices in the family court. And when the Bar
Association needed assistance with planning around diversity and inclusion efforts, she donated her personal time to assist with that project.
Ruthless with a flip chart or a post it wall, Ms. Neri’s true gift is the ability to educate with patience, kindness and a true belief in the possibility
and promise of change.
Continued on next page

LAW DAY 2020 AWARD WINNERS
Continued from Page 26
MEDIA AWARD
Margaret M. Sullivan
Media Columnist, The Washington Post
REV. A. JOSEPH BISSONETTE PRO BONO AWARD
Joshua Dubs, Esq.
Volunteer Lawyers Project
GOLD SPONSORS
Bond, Schoeneck & King, PLLC
Counsel Press
FirstLight
Law Offices of Timothy M. O’Mara
Nixon Peabody LLP
Mower
William Mattar, P.C.
Usherwood
SILVER SPONSORS
Brown Chiari LLP
Charles J. Sellers Insurance
Delaware North
Hodgson Russ LLP
Hurwitz & Fine, P.C.
Lipsitz Green Scime Cambria LLP
Medivest Benefit Advisors, Inc.
Paramount Settlement Planning
BAEC Bulletin | Spring 2020 | 27
The Media award is presented to recognize achievements in print and electronic media and products in media and the arts which strengthen
our system of justice and the freedoms guaranteed in the Constitution. It is always a special honor to present an award – as we do today - to a
proud Buffalonian known the world over for her accomplishments and skill in her chosen field. We are pleased to present this award to Margaret
Sullivan, who worked tirelessly as the Editor in Chief of the Buffalo News for many years before moving on to become the Public Editor at the
New York Times. Margaret was the first female editor at the Buffalo News, a modernizer and visionary, much like the advocates for the 19th
amendment that we celebrate today.
Today Margaret Sullivan is the Media Columnist for the Washington Post. She describes her current work as writing “about the news media,
press rights and the digital transformation of the culture.”Margaret’s work and reporting has often focused on the candid assessment of
journalism itself. She has analyzed and sometimes critiqued the way the media interacts with our systems, including our justice system and the
way reporters and their subjects are sometimes treated in return. No system suffers from honest evaluation done by someone with the integrity
and insight Margaret has brought to her many years and many roles in media.
Our system of justice is designed to be open and transparent. In fact, one of the many challenges we face in these current times is the need to
balance the business of the courts and need for open courtrooms with complicated scientific realities and the social distancing required by our
current public health crisis. We look forward to Margaret’s ongoing insights on the digital transformation of our culture - a change we are rapidly
living through in ways we could not have imagined even a few months ago. But right now we take a moment and celebrate all of her work which
has strengthened our system of justice and the freedoms guaranteed in the Constitution.
The purpose of the award is to recognize an attorney, nominated by the Volunteer Lawyers Project, who has demonstrated exemplary pro bono
services. Joshua E. Dubs was selected for this special recognition because of his extraordinary commitment to providing pro bono legal services
to those individuals in need in our community. He began volunteering with VLP in early April 2009, just a few weeks after he was admitted
to practice law. Eleven years later, Mr. Dubs is still volunteering his time with VLP to help low income clients. He has represented 590 VLP
clients and dedicated over 450 pro bono hours to date. Over this short period of time, he has received three VLP annual pro bono awards. Mr.
Dubs’ willingness to take on some of the most difficult VLP cases, along with providing high quality work, has made him an incredibly valuable
volunteer. For the foregoing reasons, Mr. Dubs is deserving of the Rev. A. Joseph Bissonette Pro Bono Award and this Association is pleased to
acknowledge publicly his extraordinary service.
SPECIAL THANK YOU TO OUR LAW DAY SPONSORS
SILVER SPONSORS (CONT’D)
Precision Resolution
BRONZE SPONSORS
Ahrens Bar Association Marketplace
• Learn more about Law Day and the Awards by visiting eriebar.org/annualawards/lawday2020 •

28 | Spring 2020 | BAEC Bulletin
LITIGATION HOLD, MEDIATION BOLD
A recent Buffalo News article heralded "almost no one is filing suits."
Those filed, along with those already pending are sitting, awaiting an
uncertain and delayed fate.
Like the rest of our lives, litigation is on "pause." Yet for most parties, this
brings no relief. They have even less control, leading to further frustrations
and losses that delay resolution. When the litigation pause is over, the
accumulated floodgates will open. There will be yet more delay and
triaging of cases, leading to more uncertainty in process and outcome.
Mediation remains an actively available alternative, having shown its
flexibility in adapting a wholly in-person process to the somewhat personal
one of virtual mediations. Unusual, yes, and successful. And available now.
While much of mediation's power is demonstrably based on the personal
component, many of you have heard me speak about the bespoke
mediation, the custom tailored process designed specifically for particular set
of parties and issues. It is truly shining now.
Krista Gottlieb
The presumptive and automatic ADR processes that are now imbedded both in state and federal courts, and will route you
there when the courts re-open. This is a great opportunity for being proactive and controlling both your conflict resolution
timing, process and result.
Continued on Page 32
NEED
TO
REFER
A CASE
DOWN
SOUTH?
On Time, Hassle-Free Referral Fee
I am a Buffalo native - UB Law School ’83. My firm handles
cases throughout the southeast and we have the resources
and experience to litigate any size or type of PI case.
Contact me and I will personally discuss your case with you.
• Auto Accidents
• Medical Malpractice
• Nursing Home Abuse
• Slip & Fall Claims
• Premises Liability
• Workers’ Liability
• Product Liability
• Class Actions
• Mass Torts
• Commercial Disputes
CALL
833-JIMFORJUSTICE
JIMFORJUSTICE.COM
1100 Fifth Avenue South
Suite 307
Naples, FL 34102
Jim@jimforjustice.com
833-546-3675
Martindale-Hubbell
Jim Kelleher, ESQ. Managing Partner
The Kelleher Firm
James J. Kelleher

CLE
OnDemand
Powered by the Erie Institute of Law
ANY TIME.
ANYWHERE.
In today’s competitive, fast-paced legal environment, effective time management is essential. Take
advantage of the Erie Institute of Law catalogue of courses and start earning your CLE credits when the
time is convenient for you.
BAEC Bulletin | Spring 2020 | 29
The Erie Institute of Law offers the most recent and popular CLE seminars OnDEMAND*. With OnDEMAND, you can
access your needed CLE courses any time, anywhere. It’s easy, fast, and affordable. For OnDEMAND selections, please look for
the symbol. All seminars are professionally edited and are accompanied by a full set of course materials. The CLE Library can be
accessed digitally at eriebar.org/ContinuingLegalEducation/AudioVideoProducts
CURRENT POPULAR SELECTIONS
30 th Annual Real Estate Conference (Product Code 2340)
4.0 CLE credits: 2.0 Areas of Professional Practice, 2.0 Skills
Presented on March 14, 2020
OnDEMAND cost: $100 Member (Use PROMO CODE: member2017), $145 Non-Member
This program is presented by:
• Michael M. Blinkoff, Esq., Blinkoff & Blinkoff
• Katherine L. Dibble, Esq., ECBA Volunteer Lawyers Project
• Richard F. DiGiacomo, Esq., Nesper, Ferber, DiGiacomo, Johnson & Grimm LLP
• Katherine A. Gillette, Esq., Erie County Water Authority
• David C. Mineo, Esq., Erie County Water Authority
• Glenn J. Speller, Esq., Dennis J. Speller, P.C.
• Stephen C. Townsend, Esq., Law Office of Stephen C. Townsend
Topics presented:
• Landlord/Tenant Law Update
• Extending Water Mains to New Subdivisions: Responsibilities for Builders, Contractors & Developers
• “Inappropriate Behavior”: Using the Residential Contract for a Commercial Transaction; Issues In drafting a contract for the sale of commercial
real estate not dealt with in the ECBA Residential Contract Form
• More on Life Estate/Remainder Interest Deeds
• Bank/Lender Updates
2019 Update on New York State Civil Practice and Procedure (Product Code 2333)
3.0 CLE credits: Areas of Professional Practice
Presented on September 12, 2019
OnDEMAND cost: $85 Member (Use PROMO CODE: member2017), $130 Non-Member
This half-day seminar will cover salient developments in statutory and case law from 2018-2019 pertaining to civil practice in New York State, with
an 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 dispositive motions.
Topics include:
• Legislative amendments to CPLR sections
• Notices of Claim
• Jurisdiction over non-domiciliary entities under CPLR 302
• Limitations Periods
• Commencement and Pleadings
• Case updates on dispositive rulings
• Disclosure
• Preservation of Evidence and Spoliation
Our catalogue of courses are also available via CD and/or DVD for those that prefer the course in
that format. For the library of available programs and for prices, visit eriebar.org/CLE

30 | Spring 2020 | BAEC Bulletin
BAR ASSOCIATION
BEGINS 2020-2021
JUDICIAL CANDIDIATE
RATING PROCESS
The Bar Association of Erie County will rate the following
candidates for Judicial office:
New York State Supreme Court
Gerald J. Greenan III
Hon. Amy C. Martoche
Erie County Court
Hon. Kenneth F. Case
In accordance with the Association’s Bylaws and mission, the
BAEC’s Judiciary Committee, studies and rates candidates for
judicial office.
If you have relevant information concerning any candidate, you
are encouraged to contact any of the Committee members listed
below to provide input on any candidate. Anonymous comments
will not be considered. Confidentiality will be strictly observed.
MEDIATE ~ ARBITRATE
BUSINESS • EMPLOYMENT • ELDER • CONTRACTS
Krista Gottlieb, Esq.
Resolutionary
• 25 Years Mediation Experience
-Resolutions from handshakes to multiparty multiple millions
-Individuals to numerous Fortune 500 companies
-Parties & Counsel from 34 states and counting
• National Association of Distinguished Neutrals
• Neutral venue designed for ADR
• 40 Years Litigation Experience
• Legal Elite of Western New York - Top 10, 2015-2017
• Federal & State Court Mediation & Arbitration Rosters
• Best & Super Lawyers - ADR
• Mediation Trainer, Presenter & Lecturer
*Prior results do not guarantee a similar outcome*
ADR Center & Law Office
43 Court Street, Suite 1100
Buffalo, NY 14202
(716) 218-2188
KG@KristaGottlieb.com
www.KristaGottlieb.com
PREPARED • PERSISTENT • PROFESSIONAL
You may call or write to any of these committee members:
Elizabeth M. Midgley, Chair, (716) 262-9697
Lynn D. Gates, (716) 852-1544
Michael F. Perley, (716) 849-8900
Joseph J. Terranova, (716) 652-0666
Thank you for your input and participation in the judicial rating
process.
Candidates considering judicial office this year are encouraged
to contact the Bar Association at (716) 852-8687, ext. 120
immediately and request an Application for Judicial Rating or via
email at skohlbacher@eriebar.org so as to ensure eligibility for a
Bar Association rating.
Welcoming referrals and co-counseling
arrangements for complex litigation.
Medical Malpractice
Motor Vehicle Accidents
Premises Liability
Defective Products
Consumer Protection
Construction Accidents
Defective Drugs
Defective Medical Devices
Vaccine Claims
Wrongful Death Claims

Fiercely Advocating
for Plaintiffs Since 2003
At Paramount, we know that there is more to settlement planning than getting a plaintiff to
sign off on an income stream illustration and sending them on their way.
Our firm was founded on the principle that true settlement planning takes careful calculation
and an uncompromising advocate who will fight to protect the interests of the plaintiff and
their counsel, both in the present litigation and long after the proceeds are disbursed.
The past two decades of experience have allowed our team to:
Participate in hundreds of mediations;
Appear at hundreds of court hearings in cases involving minor
incapacitated individuals;
Draft tens of thousands of settlement agreements and
Reduce hundreds of millions of dollars in health care lien
claims against settlement proceeds.
or
Our involvement in these high-pressure negotiations has
afforded our attorneys and advisors invaluable experiences
which are resolutely applied to every case in which we are engaged.
Invite Paramount Settlement Planning and Precision Resolution
to consult with your firm and find out why more and more
plaintiffs’ firms here in Western New York and across
the country are relying on the experience of our
trusted advisors to help them resolve their
most challenging cases.
Call us at 716-712-0127 and speak to one of
our attorney advisors about your case today.
Paul K. Isaac, Esq., ChSNC
Founder & Chief Counsel
Paramount Settlement Planning and
Precision Resolution
Call us today at 716-712-0127
We can help you advance your practice, maximize the value of
your cases, and establish post-settlement needs-focused plans for
your clients that will help you settle your case and sleep at night.
STRUCTURED SETTLEMENTS | ATTORNEY FEE STRUCTURES | ASSET PRESERVATION | MEDIATION SUPPORT | MEDICARE SET-ASIDE SOLUTIONS | LIEN REPORTING & RESOLUTION
Paramount Settlement Planning, LLC 4134 Seneca Street, Buffalo, NY 14224 (T) 716-712-0127 PlanningIsParamount.com
Precision Resolution, LLC 4134 Seneca Street, Buffalo, NY 14224 (T) 716-7120417 PrecisionLienResolution.com

32 | Spring 2020 | BAEC Bulletin
ROCK WITH THE BAR & YOUR FAMILIES
FOR LAW DAY
Get a rock, paint it, decorate it, be creative! We encourage you to get the whole family to join in the fun! Strolling outside
or at the park, place your rocks for someone to find.
Did you find a painted rock? Share pics of your own rock or ones you find on social media. Be
sure to use the hashtag #BAECLawDay or tag us so we can share it on our pages.
This year's Law Day theme is:
Your Vote • Your Voice • Our Democracy: The 19th Amendment at 100
For more information visit www.americanbar.org.
STEVEN R. SUGARMAN, ATTORNEY AND MEDIATOR
PUSATIER, SHERMAN, ABBOTT & SUGARMAN, LLP
• MEDIATOR FOR OVER 20 YEARS-THOUSANDS
OF HOURS OF SUCCESSFUL MEDIATION
EXPERIENCE
• FEDERAL COURT PANEL MEDIATOR
• PANEL MEDIATOR FOR VARIOUS NYS COURTS
& CENTER FOR RESOLUTION AND JUSTICE
• ExPERIENCED MEDIATION TRAINER
• ADVANCED PRACTITIONER MEMBER OF
AsSOCIATION FOR CONFLICT RESOLUTION
• UNIVERSITY AT BUFFALO SCHOOL OF LAW:
• ADJUNCT PROFESSOR OF MEDIATION
& MEDIATION ADVOCACY COURSES
DIRECTOR OF MEDIATION CLINIC
• DIRECTOR OF ADR PROGRAM
OF ADVOCACY INSTITUTE
• HONORED BY PEERS FOR MANY
CONSECUTIVE YEARS AS LEGAL ELITE
IN BUFFALO BUSINESS FIRST
AND BEST LAWYERS IN AMERICA
2464 ELMWOOD AVENUE
KENMORE, NY 14217
SSUGARMAN@PSASATTORNEYS.COM
WWW.PSASATTORN EYS.COM
(716) 873-6765
MATRIMONIAL• EMPLOYMENT• BUSINESS • ORGANIZATIONAL• ELDER ISSUES

OBJECTIVE SETTLEMENT ADVISORS
R
INTRODUCING A NEW WAY TO
GET A WIN FOR YOUR CLIENTS
As the largest settlement planning
company in the nation, Ringler
delivers unmatched expertise and
responsiveness to create the best
possible outcome for all parties.
With objectivity and diligence, Ringler
helps everybody win.
WE SPECIALIZE IN:
Structured settlement
options for tax-free,
needs-based future
planning
Exclusive partnership with
JurisPrudent
Defer your fees with one-time
setup, low-cost index funds,
and independent oversight by
Bank of New York Mellon,
the world’s largest custodian
& trustee
CONTACT YOUR RINGLER CONSULTANT TODAY!
David J. Nikiel, CSSC
285 Roycroft Boulevard; Snyder, NY 14226
Office: (716) 568-0399
Email: DNikiel@ringlerassociates.com

34 | Spring 2020 | BAEC Bulletin
LITIGATION HOLD,
MEDIATION BOLD
Continued from Page 28
So how does virtual mediation work?
Most mediators are doing video mediations through Zoom,
a videoconferencing site that has been around for about 10
years and have been quickly adapting to its expanding use and
security. Mediators have intensively learned and capitalized
on the software's abilities to minimize the technical and
maximize the "personal." Usually, an initial conference call
(or Zoom meeting) with all counsel (and if desired parties)
sets up the way the process will be conducted. Will it be
done all in one session or will it be a combination of separate
and then joint session(s)? Each process structure will be
party/context specific with more advance preparation and
focus. In mediation, more preparation is better!
The mediation is scheduled. The mediation paperwork
and confidentiality agreements are signed. The mediator
sends out a Zoom invitation to all participants with optimal
security controls. If preferred, no one has to be in the same
physical room. Everyone needs a laptop with a microphone, a
safe internet connection and a confidential environment.
The mediator is able to "meet" face to face (actually usually
too much face on that video screen) with all the participants
in any configuration or combination (party and their counsel,
all counsel, everyone together) and the participants can be
confidentially talking together while the mediator is in the
other "room." Documents can be shared in advance as well
as during the process. Agreements can be created and signed
during the process.
It works and can be the best choice between all bad ones.
Uncertainty, delay, re-focused and overwhelmed legal systems
will assure being in the litigation "vortex" longer. Virtual
mediation proactively takes back control.
While nothing in these challenging times may be "perfect,"
to borrow from Voltaire, do not let the perfect be the enemy
of the good. Zoom/virtual mediations can afford a great
opportunity to timely address issues when you may have more
time to do so. So all that "home time" can be turned into
"resolution time."
FINANCIAL STRATEGIES FOR YOU, YOUR FIRM, AND YOUR CLIENTS
• Tailored Financial Strategies for each
and every client prepared by Certified
Financial Planner professionals
•
•
Equity and Fixed Income Investments
Insurance Planning
• Structured Settlement Planning
• Estate Planning Strategies
•
•
Business Planning/Executive Benefits
Group Retirement Plans
Vice President
Ryan Gill, CFP® CIMA®
Certified Financial Planner
Professional*
Certified Investment
Management Analyst
(716) 626-2582
ryan.gill@theblackoakgroup.com
ALLOW US
TO ADVISE
YOU AND
YOUR
CLIENTS
ON ALL THE
FINANCIAL
TOOLS
AVAILABLE
Good Luck and be SAFE.
Krista Gottlieb is with ADR Center & Law Office, as well
as a Director with the BAEC Board of Directors.
Individuals of the Black Oak Group offer securities through
AXA Advisors, LLC, offer investment advisory products and
services through AXA Advisors, LLC, an investment advisor
registered with the SEC. Annuity and insurance products
offered through AXA Network, LLC. The Black Oak Group
is not a registered investment advisor and is not owned or
operated by AXA Advisors or AXA Network. AGE101864(9/15)
(Exp. 9/17)
The
Black Oak
Group
350 Essjay Rd, Ste 300
Williamsville, NY 14221
theblackoakgroup.com/our-group/executive-team/ryan-gill

PRESS RELEASE
BAEC Bulletin | Spring 2020 | 35
Kaufman Borgeest & Ryan LLP Opens Office in Buffalo
Kaufman Borgeest & Ryan LLP is pleased to announce that we have expanded and opened an office located in Buffalo, New York. We are excited
to meet the needs of those clients located within and around the cities of Buffalo, Rochester and Syracuse. We recognize the vast revitalization
occurring in these geographic locations that we have served for decades. Many of our clients involved in thriving industries in these areas, such
as healthcare, are poised for continued economic growth and business development. Our expansion enhances the firm’s footprint and provides a
strategic platform for us to continue to offer high quality representation to clients present in these geographic areas with a more local presence. Our
growth has been and continues to be built upon the strength of our reputation for excellence, our ability to deliver cost-effective, resolution-oriented
services, and in our innovative and responsive attention to the needs of our clients.
The attorneys in our Buffalo office are highly active in the Healthcare Law, including Medical Malpractice defense, Long Term Care defense, and
Professional Licensing and Regulatory Compliance. Our attorneys also are experienced in defending Employment litigation, as well as General
Liability cases, including Construction and Labor Law, and Premises Liability.
Kaufman Borgeest & Ryan LLP was founded by a group of experienced and nationally-recognized defense attorneys dedicated to providing the
highest quality legal services to clients in 1997. The firm has grown gradually but consistently since its inception. Kaufman Borgeest & Ryan LLP
presently has over 140 attorneys practicing out of eight offices in New York, New Jersey, Connecticut and California.
The firm's accomplishments are measured by the satisfaction of our clients in our courtroom outcomes and our record of successful non-litigated
case resolutions. We are proud of our reputation as a leading defense firm. The firm provides a team-oriented environment where its attorneys can
achieve the highest levels of success in the profession, guided by sound judgment and unrivaled skill.
Bar Association of Erie County
Committees
Crossroads Driving Programs provides the New York State
Impaired Driver Program (IDP) at the following locations:
ERIE COUNTY
Maryvale High School, Cheektowaga
Mondays, 6:30pm | Tuesdays, 6:30pm | Saturdays, 9:00am
Bryant & Stratton, Southtowns Campus, Orchard Park
Saturdays, 9:00am
Bryant & Stratton, Amherst Campus
Saturdays, 11:30am
Bryant & Stratton, Buffalo Campus
Mondays, 6:00pm | Wednesdays, 5:30pm | Saturdays, 11:30am
Faith United Methodist Church, Lancaster
Thursdays, 5:30pm
NIAGARA COUNTY
Niagara Community Church, Niagara Falls/NT
Tuesdays, 6:00pm | Saturdays, 11:30am
Lewiston Porter High School, Youngstown
Wednesdays, 6:00pm
Royalton Hartland High School, Middleport
Thursdays, 6:00pm
For more information about the New York State Impaired
Driver Program at Crossroads or a listing of specific start
dates, please refer to our website:
crossroadsdrivingprograms.com
crossroadsdrivingprograms.info
www.eriebar.org/
Committees
Get involved in the BAEC, join a
committee!
Need title work done in the Southern
Tier? Experienced, reliable title searcher
in Chautauqua County can handle all of
your real estate title needs; tax searches,
surrogate searches, etc. Over 10 years of
experience.
Call Jon Espersen at 716-467-8328.

36 | Spring 2020 | BAEC Bulletin
Bar Association of Erie County
LIFE MEMBERS
Mark A. Adrian, Carol J. Alaimo, Brian D. Baird, Patrick J. Bannister, Lynn A. Clarke, Maria L. Diakos,
Eric P. Doherty, Sharon Stern Gerstman, Jean E. Gittler, Susan J. Grelick, Melvyn L. Hurwitz, Michael
Kuzma, Stanley Kwieciak, III, Michael P. McClain, J. Eldon Owens, James D. Schultz, Jr., Michael A.
Smith, Jeffrey A. Spencer, James M. Wadsworth
Bar Association of Erie County
CONTRIBUTING MEMBERS
Joan Casilio Adams, Peter S. Aiello, Grace Marie Ange, Richard J. Attea,
Hon. Tracey A. Bannister, Stephen E. Barnes, Thomas R. Beecher, Jr.,
Ronald P. Bennett, Leonard Berkowitz, Richard S. Binko, Peter J. Brevorka,
Timothy P. Bridge, Phillip Brothman, Patrick J. Brown, David Buch,
Donna L. Burden, James P. Burgio, Michael C. Burwick, John J. Carney,
Alan S. Carrel, John F. Collins, William B. Collins, Robert N. Convissar,
Edward C. Cosgrove, Steven P. Curvin, Roger T. Davison, Regina A. Del
Vecchio, John M. Dempsey, Richard F. DiGiacomo, Anne C. DiMatteo,
Dean M. Drew, Timothy J. Drury, Leo J. Fallon, Victor N. Farley, Gabriel
J. Ferber, Michael E. Ferdman, Robert P. Fine, Cheryl Smith Fisher, Brian
P. Fitzgerald, Lawrence C. Franco, Bernard B. Freedman, Hon. Brenda M.
Freedman, Jeffrey M. Freedman, Maryann Saccomando Freedman, Robert
Friedman,
Jerry A. Gambino, Lynn D. Gates, Eugene M. Gaughan, Stuart A.
Gellman, Jerome C. Gorski, John C. Grennell, Richard F. Griffin, John J.
Gruber, Mark W. Hamberger, James P. Harrington, Mary Louise Hayden,
William R. Hites, Susan S. Hogan, Edwin P. Hunter, Norman E. Joslin,
Judith D. Katzenelson, Christopher C. Kerr, Dan D. Kohane, Anthony S.
Kowalski, Thomas E. Krug, Stephen R. Lamantia, Richard J. Lehner, John
N. Lipsitz, James L. Magavern, Mark J. Mahoney, Giles P. Manias, Mary
Dee Martoche, Salvatore R. Martoche, Norman J. Mattar, Hon. Jeremiah
J. McCarthy, Maureen A. McCready, Thomas I. McElvein, Jr., Raymond
T. Miles, III, Joseph D. Mintz, Albert J. Mogavero, Paul T. Nesper, Paula
M. Eade Newcomb, Anthony M. Nosek, James J. O’Brien, Hon. John F.
O’Donnell, Timothy M. O’Mara, Ibrahim Omerhodzic,
Carl P. Paladino, Anthony D. Parone, James A. Partacz, Robert E. Pearman,
Hon. Erin M. Peradotto, Robert H. Perk, Jeffrey A. Perla, Michael F. Perley,
Arcangelo J. Petricca, Theodore J. Pyrak, James P. Renda, Jay N. Rosenthal,
Richard P. Rosso, Arthur A. Russ, Jr., Thomas Santa Lucia, Scott M.
Schwartz, Richard B. Scott, Richard J. Sherwood, David A. Siegel, Robert
G. Sillars, Richard Charles Slisz, Robert B. Sommerstein, Charles S.
Spinner, Gregory Stamm, Kathleen M. Sweet, Gordon D. Tresch, George
J. Trimper, Jr., Thomas V. Troy, Frederick D. Turner, Dimitri J. Tzetzo,
Matthew X. Wagner, Jr., Neil Weinberg
Casemaker includes
case law, statutes,
rules, codes, secondary
materials, and more for
all 50 states as well as
the federal system. It’s
easy to use in your office
or on the go.
As a member, you have
full access to Casemaker.
Access via the BAEC
website or download the
Casemaker app today.
Not a BAEC member?
Visit eriebar.org to join
the Bar Association and
utilize Casemake today!

BAEC Bulletin | Spring 2020 | 37
Bar Association of Erie County Bulletin
Classifieds
D.W.I.
ALL FELONIES
& MISDEMEANORS
• Former Assistant
District Attorney
• Former DWI Bureau
Chief
(716) 895-4210
Mario A.
Giacobbe, Esq.
AVAILABLE FOR REFERRALS AND CONSULTATIONS
Law Offices of Jaworski & Giacobbe
2988 William Street
Cheektowaga, NY 14227
René and Jay Sauvageau
Professional Land Surveyors
ADVANCE SURVEY GROUP LLC
Boundary - Engineering Surveys
Surveying - Western New York
800 Main St., Suite 3D, Niagara Falls, NY 14301
asgllcrj@gmail.com • (716) 285-4959 • fax (716) 285-4839
MAILING ADDRESS:
P.O. BOX 222 NIAGARA FALLS, NY 14302
QDRO
QUALIFIED DOMESTIC RELATIONS ORDER
Preparing & Reviewing
(716) 633-1400
Paul Wolf, Esq.
392 Evans | Williamsville, NY 14221
Insurance Disputes and Litigation
Laurence D. Behr
Attorney at Law
Highly experienced in life, property, and
all liability coverages
BARTH SULLIVAN BEHR LLP
43 Court Street, Suite 600
Buffalo, NY 14202
P: 716.856.1300 • F: 716.856.1494
lbehr@barthbehr.com
IMMIGRATION
Available for consultations and referrals
KOLKEN
&
KOLKEN
Attorneys at Law
135 Delaware Avenue | Suite 101
Buffalo, New York 14202
(716) 854-1541
www.kolkenlaw.com
Practice limited to Immigration and
Nationality Law
Available for Consultations and Referrals
Become a Contributing
Member!
The BAEC bylaws confer “contributing member” status
on any member who resides or maintains an office in
Erie County and elects to pay an additional $50 in annual
dues to help support Association programs. Contributing
members have the same rights and privileges as regular
members and “such additional rights and privileges as
the board of directors shall bestow”, including special
recognition in the Bulletin, annual dinner program, and
other publications.

38 | Spring 2020 | BAEC Bulletin
Western District Case Notes
Kevin M. Hogan and Sean C. McPhee
Standing and Subject Matter Jurisdiction
In Orange Transportation Services, Inc. v. Volvo Group North America, LLC.,
No. 19-cv-06289-FPG ( Jan. 15, 2020), plaintiff sought damages for breach of
warranty, fraud, and other purported violations of New York law in connection with defendant’s sale of twenty-four semi-trucks that were
allegedly defective. Defendant moved to dismiss, contending that eighteen of the semi-trucks were not purchased by plaintiff, rendering
it without standing to pursue claims related to those trucks. In response, plaintiff argued that it is affiliated with the purchasers of those
eighteen trucks, and that its affiliates assigned their rights to plaintiff to “simplify this litigation.” The Court first observed that, in order to
proceed with the claims, plaintiff must not only have constitutional standing, but the Court must also have statutory jurisdiction or subject
matter jurisdiction would be lacking. The Court then noted that it “is black-letter law that one corporation cannot assert an affiliate’s legal
rights,” and observed that plaintiff did not dispute that it did not purchase eighteen of the semi-trucks at issue. Moreover, because the
assignment argument was merely asserted in plaintiff ’s brief—without citation to any evidence—and also contradicted the allegations in its
complaint, it was insufficient to establish standing. As a result, the claims concerning those eighteen semi-trucks were dismissed, without
prejudice. Finally, plaintiff was ordered to show cause why the remaineder of the complaint should not be dismissed, based on the Court’s
concerns that plaintiff had not shown that the parties were completely diverse.
Class Certification
In Jackson v. Bank of America., N.A., 16-cv-00787-FGP-HBS (Dec. 30, 2019), plaintiffs filed a putative class action complaint alleging
that defendant improperly and untimely processed their mortgage assistance applications so that it could charge them excessive loan
delinquency fees. The Court subsequently dismissed all of plaintiffs’ claims except for one relating to whether defendant failed to use
“reasonable diligence” in reviewing their loss mitigation application, as required by 12 C.F.R. § 1024.41(b)(1). Plaintiffs then moved
for class certification and, after discussing each of the requirements found in Rule 23, the Court determined that several of the required
elements were not satisfied, warranting denial of plaintiffs’ motion. For example, because plaintiffs admitted that their expert would need
to review an unknown number of loan documents and spreadsheets to determine whether defendant failed to use reasonable diligence for
each class member, the “commonality” requirement was not met. For similar reasons, the Court found that plaintiffs failed to establish
the “predominance” requirement, which is designed to ensure that a class will be certified only when it would achieve economies of time,
effort, and expense, and promote uniformity of decision as to persons similarly situated, without sacrificing procedural fairness or bringing
about other undesirable results. In other words, because determining which of the class members encountered defendant’s alleged failure to
exercise reasonable diligence would require a loan-by-loan inquiry in order to determine liability, class-wide issues did not predominate.
Injunctions
In Havens et al., v James et al., No. 19-cv-6482-DGL ( Jan. 24, 2020), plaintiffs sought a declaration that they and others associated with
them could engage in conduct specifically prohibited by a 20 year old injunction, from litigation plaintiffs were not involved in, that limited
protest actions outside a reproductive healthcare services clinic by establishing a 15 foot buffer zone and prohibited sidewalk counseling
activities within that zone (the “Prior Injunction”). Plaintiffs moved for a preliminary injunction enjoining defendants from enforcing
the Prior Injunction, and defendants moved to dismiss the complaint for failure to state a claim. The Court granted the two motions to
dismiss, finding that the complaint demonstrated that the sidewalk counseling engaged in by plaintiffs within the buffer zone violated
the Prior Injunction, and that plaintiffs were acting in “active concert or participation” with the named parties that were enjoined by the
Prior Injunction. The Court noted that an injunction cannot lawfully enjoin the world-at-large, but rather can lawfully apply only to the
parties named in the injunction, their officers, agents, servants, employees, and attorneys, and any other persons who receive notice of the
injunction and act in concert or participate with the named parties or their agents. According to the Court, plaintiffs were indisputably
coordinating their efforts to violate the Prior Injunction, and that concerted action and participation with the named parties in the Prior
Injunction was evident from the allegations in plaintiffs’ own complaint. The Court then found that, because plaintiffs failed to state a
claim for relief, their motion for a preliminary injunction was moot. The Court went on, in any event, and ruled that plaintiffs had not
shown the requisite irreparable harm necessary for such relief because, as the Second Circuit previously had found, the Prior Injunction was
content-neutral, served to protect significant government interests, and still enabled individuals such as plaintiffs to effectively communicate
their message.
Consolidation
In D’amico et al. v. Waste Management of New York, LLC, No. 18-cv-6080-EAW-MJP (Dec. 14, 2019), plaintiff commenced a punitive
class action against the operator of a landfill, claiming noxious odors were emitted onto plaintiff ’s property or causing damages. Defendant
moved to consolidate the lawsuit with a second lawsuit also pending in the District that involved similar claims concerning the same
landfill, but did not include a class action claim, and sought damages for odors emanating from a second landfill operated by Defendant,
raised additional causes of action, and named an additional municipal Defendant. The Court denied the motion to consolidate, even
though defendant sought to consolidate the two lawsuits only for purposes of discovery. The Court found that consolidation risked
prejudicing plaintiffs in the second lawsuit due to the likelihood of significant delay caused by the class certification issue in the first lawsuit.
The Court determined that consolidation was not warranted because the factual and legal issues that were different predominated over
those that were common. And, because of those differences, the Court found the two cases would likely diverge for discovery purposes,
at least until class certification was decided, making consolidation -- even if only for discovery purposes -- not in the interest of judicial
convenience.
Continued on Page 39

WESTERN DISTRICT CASE NOTES
Continued from Page 38
BAEC Bulletin | Spring 2020 | 39
Discovery of Electronically Stored Information
In Black Love Resists et al. v. City of Buffalo et al., No. 18-cv-00719-CCR (Dec. 19, 2019), a putative class action alleging that defendants
violated the Constitution and discriminated against the class on the basis of their ethnicity by conducting vehicle checkpoints in areas of
the City of Buffalo with a majority of Black and Latino residents, plaintiffs moved to compel defendants to produce, among other things,
electronically stored information (“ESI”) related to the traffic checkpoints. Defendants objected to the demand for ESI, contending that it
is not reasonably accessible, and that plaintiffs have not shown good cause to require the production of metadata, as required by Local Civil
Rule 26(e)(4). Regarding the former objection, the Court noted that, while a party is not required to produce ESI from sources that the
party identifies as not reasonably accessible because of undue burden or cost, at least some of the information plaintiffs sought apparently
resided on defendants’ active email systems making it “presumably accessible.” Moreover, because it is likely that the requested ESI will
contain information that is probative, defendants’ unspecified burden weighed in favor of compelling disclosure of the ESI. As for the
metadata, however, because the Local Civil Rules create a presumption that “metadata ... need not be routinely produced” absent a showing
of good cause by the requesting party, the Court found that plaintiffs were only entitled to disclosure of metadata documenting the date and
time that various emails were sent and received, as well as the identities of the sender and all recipients (including any copied and blindcopied
recipients). Finally, the Court denied defendants’ request for cost shifting because the requested ESI is likely to contain relevant
information, and “the party responding to discovery requests [typically] bears all costs associated with production.”
Security for Stay Pending Appeal
In Seneca Nation of Indians v. State of N.Y., 19-cv-00735-WMS (Dec. 12, 2019), petitioner sought to stay enforcement of a monetary
judgment confirming an arbitration award pending its appeal of the judgment. Noting first that a party who posts a full bond or “other
security” is entitled to a stay from a monetary judgment as a matter of right, the Court then considered whether petitioner’s proposed
security—a restricted securities account that contains deposits in excess of the amount of the judgment—qualified under Fed. R. Civ.
P. 62(b). In opposition, respondent primarily argued that the proffered account does not adequately secure the judgment because the
governing agreements do not adequately restrict the transfer of funds out of the account, and may permit petitioner to initiate transfers
for reasons other than to satisfy the judgment. The Court rejected this, and each of respondent’s other arguments, concluding that the
securities account constituted adequate “other security” under Fed. R. Civ. P. 62(b), so long as petitioner agreed not to make any withdrawals
(even if permitted under the terms of the agreements underlying the securities account) as a condition of the stay.
Satisfaction of Judgment
In Centerbar v Esser James & Associates, LLC et al., No. 16-cv-896-LJV (Dec. 26, 2019), plaintiff filed a complaint alleging violations
of the Fair Debt Collection Practices Act. Defendants failed to appear, the Clerk of the Court entered a default, and the Court entered a
default judgment and awarded plaintiff damages of $32,883.33. Plaintiff moved to compel one defendant to surrender an engagement ring
in satisfaction of the judgment. Under Rule 69(a), the procedure to enforce a Writ of Execution must comply with state law. The Court
granted the motion because, under New York Law, a money judgment may not be enforced against a wedding ring, but can be enforced
against an engagement ring when the engagement ring does not also serve as a wedding band. Here, plaintiff ’s husband testified that
plaintiff received her engagement ring before their wedding and separate from a wedding band that was exchanged at the ceremony. The
Court thus held that the engagement ring was exempt under CPLR. § 5205(a)(6) and must be turned over to satisfy the money judgment.
Default Judgment
In Grice v McMurdy, No. 18-cv-6414-MAT ( Jan. 8, 2020), plaintiff contracted to have defendant sell on consignment certain sports
memorabilia. When plaintiff delivered the memorabilia but defendant failed to deliver payment or procure insurance as required under
the contract, plaintiff commenced a lawsuit for damages that did not specify a sum certain. Following entry by the clerk of default against
the defendant, plaintiff moved for entry of default judgment for a sum certain, supported by an affidavit by an appraiser stating that
the fair market value of the memorabilia was $983,758. The Court denied the motion, without prejudice, because only claims for sum
certain or a sum that can be made certain by computation may support a default judgment under Rule 55(b)(1). If the dollar amount of
the defendant’s liability is a matter of estimation, however, entry of a default judgment may only be entered by the Court after a factual
evaluation. Here, it remained plaintiff ’s burden to demonstrate
that the uncontroverted allegations, without more, established
defendant’s liability on each asserted cause of action, and the
Court was still required to consider the willfulness of the
default, the existence of a meritorious defense, and the level
of prejudice that the non-defaulting party might suffer. Here,
plaintiff had not addressed any of those factors in his motion
and, thus, failed to meet his burden demonstrating that he was
entitled to judgment by default.

Bar Association of Erie County
Bulletin
SPRING
2020
Volume 59
No. 5
Bar Association of Erie County
NEW MEMBERS
The Bar Association of Erie County is pleased to welcome the following new members:
Olubukola “Bukie” Akinlua
Ayman Ali
Adam Amirault
Ariel A. Bauerle
Alyssa Bergsten
George P. Brown, Jr.
Kristen Coons
Joseph Darin
Joseph J. Donaldson
Connor P. Entenmann
Darcie A. Falsioni
Colin X. Fitzgerald
Patrick Fogarty
It’s great to belong to something this good!
Brianne M. Frawley
David Louis Grayck
Sarah A. Gyimah
Erin E. Hart
Karen J. Hawkes
Daryn Loy
Desmond Metzger
Madison Nash
Jerome Nenger
Njideka M. Noble
Ryan O’Shea
Rocco Polimeni
Abdul Bashir Rasool
Robert Reagan
Renga Samy
Jennifer Sauter
Sarah Schnaithman
Conor Schneider
Kyle Tanzer
April VanOrman
Sam Williams
Samantha A. Winter
Sua Yoon
Pierce V. Young
The Bar Association of Erie County is currently
accepting new members
Become a member today!
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 Casemaker
• Access to healthcare and other valuable benefits
• Public service opportunities
Learn more at eriebar.org

Bar Association of Erie County Bulletin
Advertisment
Index
The BAEC is incredibly grateful to our advertisers. Their support helps us serve our members better. Below is an
an index of the organizers who have an ad in this issue. We encourage you to learn more about them and how
they help the legal community and general public.
Advertiser
Advance Survey Group
Barth Sullivan Behr
Berzer & Wolf
Black Oak Group
Brian P. Brady, Architect
Charles J. Sellers & Co, Inc.
Crossroads Driving Programs
Faraci Lange
Feroleto Law
Jeffrey Freedman Attorneys
Jon Espersen
Kavinoky Cook LLP
Kelleher Law Firm
Kolken & Kolken
Krista Gottlieb
Law Offfice of Kathryn Kirsch
Law Office of Michael Menard
Mario Giacobbe
Precision Lien Resolution / Paramount Settlement
Pusatier, Shermon, Abbott & Sugarman LLP
Ringler Associates
Smith Murphy and Schoepperle
Walsh Roberts & Grace, LLP
William Mattar, PC
Page
37
37
37
34
27
14
35
30
34
24
35
11
28
37
30
12
23
37
31
32
33
22
39
13