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<strong>WWBA</strong><br />

SPECIAL ISSUE IN RECOGNITION OF BREAST CANCER AND DOMESTIC VIOLENCE AWARENESS MONTH<br />

news<br />

OCTOBER <strong>2020</strong> - DEDICATED TO THE HONORABLE RUTH BADER GINSBURG<br />

Westchester Women’s Bar Association<br />

~ IN MEMORIAM ~<br />

THE HONORABLE<br />

RUTH BADER GINSBURG<br />

March 15, 1933 - September 18, <strong>2020</strong><br />

The Westchester<br />

Women’s Bar Association<br />

joins with our sister chapters<br />

and with WBASNY in<br />

mourning the death of “Our<br />

Justice,” the Honorable Ruth<br />

Bader Ginsburg. Much has<br />

been said over the last several<br />

weeks about her life and<br />

her legacy since Justice<br />

Ginsburg lost her heroic battle<br />

with pancreatic cancer. Much<br />

more will be said about Justice Ginsburg’s<br />

extraordinary contributions to gender<br />

equality. Even so, there are no words to<br />

describe how much we have lost with her<br />

passing.<br />

Ruth Bader Ginsburg was born in 1933<br />

in Flatbush, Brooklyn, to an immigrant<br />

Russian Jewish father and a first generation<br />

Polish-American mother. Her father<br />

INSIDE THIS ISSUE<br />

OCTOBER <strong>2020</strong><br />

Virtual Celebration Honoring<br />

Judge Lisa M. Smith<br />

(page 6)<br />

The 19th Amendment: The<br />

Past in the Present<br />

(page 9)<br />

Law Day <strong>2020</strong> Held<br />

Virtually<br />

(page 10)<br />

Upcoming Events<br />

(page 18)<br />

was a merchant with a variety<br />

of stores, and her mother<br />

was a traditional “homemaker,”<br />

raising Ruth and her<br />

older sister. The family suffered<br />

tragedy more than<br />

once -- when Ruth was just<br />

14 months old her older sister<br />

died of meningitis, and on<br />

the eve of her own high<br />

school graduation, Ruth’s<br />

mother, Celia, died of cancer.<br />

Celia had been an excellent student, graduating<br />

from high school at the age of 15, but<br />

she was unable to go to college and instead<br />

was required to work to help send<br />

her brother to college. Celia was determined<br />

that Ruth, born Joan Ruth Bader, would go<br />

to college, and she set up a college fund<br />

for her very intelligent surviving daughter.<br />

continued on page 4<br />

SAVE THE DATE<br />

<strong>WWBA</strong><br />

BOARD OF DIRECTORS<br />

MEETING<br />

<strong>October</strong> 7, <strong>2020</strong><br />

Zoom<br />

<strong>2020</strong> BREAST<br />

CANCER WALK<br />

<strong>October</strong> 18, <strong>2020</strong><br />

Manhattanville College<br />

Purchase, New York<br />

COVID-19 EMPLOYMENT<br />

LAW PEER GROUP<br />

DISCUSSION<br />

<strong>October</strong> 27, <strong>2020</strong><br />

Zoom<br />

Westchester Women’s Bar Association News<br />

PRESIDENT’S<br />

MESSAGE<br />

<strong>October</strong> is<br />

Breast Cancer<br />

Awareness Month,<br />

and it is <strong>WWBA</strong>’s tradition<br />

to publish its<br />

<strong>October</strong> newsletter<br />

in pink in honor of<br />

Breast Cancer<br />

Awareness. It is also<br />

Domestic Violence<br />

Awareness Month,<br />

Hon. Lisa<br />

Margaret Smith<br />

the color of which is lavender, and at<br />

<strong>WWBA</strong> we also honor the crucial importance<br />

of efforts to combat Domestic<br />

Violence by including lavender in our<br />

newsletter colors. Please remember to<br />

wear pink and lavender ribbons this<br />

month to honor those who fight both of<br />

these scourges, and those who have<br />

been lost to them. Elsewhere in this<br />

edition is an article about innovations<br />

in Westchester County to address Domestic<br />

Violence. This President’s Message<br />

focuses on Breast Cancer.<br />

Many of us have been personally<br />

touched by breast cancer, and most of<br />

us have had someone in our lives<br />

touched by breast cancer. I would like<br />

to share with each of you my personal<br />

story with this disease, though you might<br />

want to skip to the end if you are squeamish.<br />

Mine is not a pretty story, but for<br />

the approximately 12 percent of you,<br />

as American women, who will face invasive<br />

breast cancer in your lifetime, this<br />

may help you to get through your own<br />

travails, and to feel less alone.<br />

I was diligent about getting a mammogram<br />

every year since I was 35, except<br />

when I was pregnant or breastcontinued<br />

on page 3 ➥<br />

Page 1<br />

The Westchester Women’s Bar Association is a Chapter of the Women’s Bar Association of the State of New York


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○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○<br />

<strong>WWBA</strong> Member <strong>Newsletter</strong><br />

OCTOBER <strong>2020</strong><br />

Published Monthly by the<br />

Westchester Women’s<br />

Bar Association, a Chapter of<br />

the Women’s Bar Association<br />

of the State of New York<br />

~ <strong>2020</strong>/2021 Officers and Directors ~<br />

President HON. LISA MARGARET SMITH<br />

President-Elect AMANDA C. FRIED<br />

Vice Presidents<br />

NATANYA L. BRIENDEL JENNIFER GRAY JACQUELINE HATTAR<br />

Treasurer<br />

ELIZABETH Z. MARCUS Recording Secretary ELIZABETH Z. MARCUS<br />

Corresponding Secretary JENNIFER ROBINSON<br />

Immediate Past ast President<br />

ANGELA MORCONE GIANNINI<br />

Elected Directors Westchester Board<br />

KIM BERG LISA M. DENIG CARLA GLASSMAN<br />

ANNETTE HASAPIDIS JILL OZIEMBLEWSKI<br />

State Directors Women’s Bar Association of the State of New York<br />

LUCIA CHIOCCHIO DEBORAH FARBER-KAISER ANN M. McNULTY<br />

SHARI GORDON ANGELA MORCONE GIANNINI<br />

ADRIENNE ORBACH SUSAN MILLS RICHMOND JANEEN THOMAS<br />

Executive Director ELISABETH CAMPOS<br />

© Copyright <strong>2020</strong> Westchester Women’s Bar Association. All rights reserved.<br />

The opinions expressed herein are those of the author(s) only and do not reflect the official position of the Association.<br />

Editor-in-Chief: Jennifer Robinson • Designed and Printed by IPM Media Group, Inc. (516) 809-0501<br />

<strong>2020</strong>-2021 <strong>WWBA</strong> Committee Chairs<br />

S T A N D I N G C O M M I T T E E S<br />

By-Laws ................................................................................... Kim Berg<br />

Corporate & Commercial .......................... Lisa M. Bluestein, Virginia Trunkes<br />

Criminal Law ................... Elizabeth Gazay, Hon. Sandra A. Forster, Amy Puerto<br />

Families, Children & the Courts .................... Joy S. Joseph, Lauren Morrissey<br />

Amanda Rieben<br />

Grievance/Ethics .......................................................... Deborah A. Scalise<br />

Judicial Screening ..................... Hon. Sandra A. Forster, Kimberly C. Sheehan<br />

Judiciary .............................................................. Hon. Linda S. Jamieson<br />

Lawyering & Parenting ................................... Joelle M. Burton, Jennifer Gray<br />

Legislation ............................. Natanya L. Briendel, Angela Morcone Giannini<br />

Matrimonial .......................................... Robin D. Carton, Dolores Gebhardt<br />

Lonya A. Gilbert, Andrea Friedman<br />

Annual Dinner ............... Robin D. Carton, Amanda Fried, Andrea B. Friedman,<br />

Jennifer L. Gray, Jennifer Netrosio, Lisa Margaret Smith<br />

Annual Dinner Souvenir Journal ................ Andrea B. Friedmanm Allison Sloto<br />

Appellate Practice .......... Lisa M. Denig, Hon. Sondra M. Miller, Heather Gushue<br />

Archive & Historian .............................................................. Susan L. Pollet<br />

Awards ....................................... Elizabeth Barnhard, Deborah Farber-Kaiser<br />

Bankruptcy ............................. Wendy Marie Weathers, Susan Mills Richmond<br />

Breast Cancer Awareness ............... Adrienne J. Orbach, Hon. Sandra Forster<br />

Collaborative Law ........................... Kathleen Donelli, Hon. Sondra M. Miller,<br />

Lynn J. Maier<br />

Community Outreach .............. Hon. Lisa Margaret Smith, Deborah A. Scalise<br />

Construction Law .............................................................................. TBD<br />

Continuing Legal Education ................................................ Ann M. McNulty<br />

Cyber Law ....................................................................................... TBD<br />

Diversity and Inclusion ........................ Jacqueline Hattar, Stephanie Melowsky,<br />

Janeen Thomas<br />

Domestic Violence ....................... Marian Genio, Beth Levy, Stacey Neumann<br />

Education .................. Allison Morris, Julie P. Passman, , Susan Mills Richmond<br />

Elder & Health Law & Reproductive Rights ..................... Elizabeth A. Cumming,<br />

Moira Laidlaw<br />

Employment Law ........................................................ Kim Berg, Sara Kula<br />

Environmental & Land Use ........................ Lucia Chiocchio, Jennifer L. Gray,<br />

Katherine Zalantis<br />

Gender Dynamics .............................................. Hon. Terry Jane Ruderman<br />

Holiday Party and Boutique ................. Dolores Gebhardt, Jennifer N. Netrosio<br />

Immigration .............................. Karin Anderson Ponzer, Elizabeth Mastropolo<br />

Insurance ........................................... Michelle Kolodny, Julie A. Mickiewicz<br />

Intellectual Property ............. Elizabeth M. Barnhard, Theresa O’Rourke Nugent<br />

A D H O C C O M M I T T E E S<br />

Membership ............................... Sherry Bishko, Marian Genio, Kristen Motel<br />

Networking ...................................................................................... TBD<br />

New Lawyers ..................................................... Katie Wendle, Kristen Motel<br />

Professional Development ............. Susan Edwards Colson, Stephanie Melowsky<br />

Programs ........................................... Natanya L. Briendel, Amanda C. Fried<br />

Public Relations ................................................................................ TBD<br />

Real Property ................. Anne R. Aicher, Allyson Lanahan, Robbin E. Sweeney<br />

Sponsorship .................................. Lucia Chiocchio, Susan Edwards Colson,<br />

Deborah Farber-Kaiser, Marian Genio<br />

Taxation .................................................................. Patricia Rusch Bellucci<br />

Trusts & Estates ...................................... Lonya A. Gilbert, Nancy J. Rudolph,<br />

Karen J. Walsh<br />

Judgment Enforcement & Collections ..... Daniel F. Florio, Jr., Michael Giannini<br />

Litigation .................................. Angela Morcone Giannini, Jacqueline Hattar,<br />

Rebecca McCloskey<br />

Long Range Planning ..................................... Lisa M. Denig, Linda Markowitz<br />

Mediation ......................... Hon. Sondra M. Miller, Abby Rosmarin, Lisa Denig<br />

Mentor ................................................................ Kim Berg, Sherry Bishko<br />

Past Presidents ..................................................... Angela Morcone Giannini<br />

Practice Management ............................................... Wendy Marie Weathers<br />

Pro Bono ................................................... Marian Genio, Natalie Sobchak<br />

Social Media .......................................... Kristen Motel, Jennifer N. Netrosio<br />

Technology/Website ................... Donna E. Frosco, Theresa O’Rourke Nugent<br />

Wellness ........................................ Jennifer Netrosio, Susan Mills Richmond<br />

Women in Leadership ................................................... Adrienne Arkontaky<br />

<strong>WWBA</strong><br />

Representatives<br />

Network of Bar Leaders ................................................... Angela Morcone Giannini<br />

Pace Board of Visitors .............................................................................. Lisa Denig<br />

<strong>WWBA</strong> Foundation President ........................................................... Susan S. Brown<br />

<strong>WWBA</strong> Representative Director to the WCBA Board ....................... Dolores Gebhardt<br />

WBASNY Judicial Screening Committee .......... Gail M. Boggio, Lisa M. Bluestein<br />

WBASNY Nominations Committee ....................... Gail M. Boggio, Lisa M. Bluestein<br />

WBASNY Awards Committee ............................................................ Deborah Scalise<br />

WBASNY Health Law/Reproductive Rights Committee ........................... Shari Gordin<br />

WBASNY Fundraising Committee .................................................. Andrea Friedman<br />

WBASNY ERA/Women’s Civil Rights Committee ......................................... Kim Berg<br />

WBASNY Labor and Employment Law ....................................................... Kim Berg<br />

WBASNY Legislation Committee .................................................... Natanya Briendel<br />

WBASNY LGBTQ+ Committee ...................................................... Adrienne Orbach<br />

WBASNY Domestic Violence Committee .............................. Susan Pollet, Alayne Katz<br />

WBASNY Press and Public Relations ................................ Angela Morcone Giannini<br />

9th Judicial District Representative .................................... Angela Morcone Giannini<br />

Page 2<br />

Westchester Women’s Bar Association News


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President’s Message<br />

from page 1<br />

“This surgery was<br />

unlike anything I<br />

had experienced,<br />

and took a great<br />

deal out of me,<br />

physically and<br />

emotionally.”<br />

feeding, and, like most women I had occasional<br />

scares as a result of cysts or other<br />

abnormalities, but no real issues. In 2001,<br />

when I was 46, I had thyroid cancer, resulting<br />

in a thyroidectomy and radioactive<br />

thyroid treatment, but other than taking<br />

thyroid replacement medication daily, I<br />

never had any problems relating to the<br />

thyroid cancer.<br />

In the spring of 2012, at the age of<br />

57, my experience changed when I was<br />

diagnosed with ductal carcinoma in situ,<br />

known as DCIS, in one breast. In other<br />

words, it was cancer. Initially the diagnosis<br />

from each doctor I consulted (I consulted<br />

three) was that this was a minor<br />

concern, that DCIS is non-invasive and<br />

that a lumpectomy would take care of the<br />

problem. Then, a further analysis of my<br />

mammograms resulted in a finding that<br />

there was also DCIS in the other breast. I<br />

ended up with three lumpectomies, and<br />

none of the margins were clear, meaning<br />

that the doctors had not been able to remove<br />

all of the cancer, in either breast. By<br />

that time I was also quite physically misshapen<br />

as a result of the unsuccessful surgeries,<br />

and, I admit, I was frightened. For<br />

the first time my surgeon recommended a<br />

bilateral mastectomy, and my fear blossomed<br />

into terror. I was alone when I left<br />

the doctor’s office, and so upset that I<br />

nearly had a car accident – my recommendation<br />

is that you do not go to an important<br />

appointment alone, because you<br />

need someone else to hear and remember<br />

what is being said, to ask questions, and<br />

to allow you to lean on them if the news is<br />

bad.<br />

continued on page 5 ➥<br />

Editor’s Note<br />

Westchester Women’s Bar Association News<br />

“Fight for the things that you care about, but do it in a way that will lead others<br />

to join you.”<br />

~ Ruth Bader Ginsburg<br />

Making Dates and Getting Published<br />

NEWSLETTER SUBMISSIONS<br />

❑ Deadline for newsletter submissions is the 12th of the month prior to publication (submissions<br />

received after the deadline are subject to the discretion of the editor).<br />

❑ Send submissions as email attachments to Jennifer Robinson at secretary@wwbany.org.<br />

❑ Articles should be 1,000 words or fewer. Remove all pagination, headers, footers or other<br />

formatting, other than bold, underline or italics. Authors are encouraged to submit photographs<br />

for publication with their submissions and include a short biographical statement with<br />

their submissions.<br />

❑ Materials submitted allow the <strong>WWBA</strong> a limited copyright and full permission to reprint the<br />

material in any <strong>WWBA</strong> publication or on its website without additional consent.<br />

❑ Photographs must be high-resolution (150 dpi or more) and the subject and all persons in<br />

each photograph must be fully identified.<br />

PROGRAM SCHEDULING<br />

❑ First visit the <strong>WWBA</strong> website: www.wwbany.org and click on the calendar at the home page to<br />

view scheduled programs. Conflicts in scheduling will be assessed on a case by case basis, with<br />

priority for early submissions.<br />

❑ Contact Jennifer Robinson at secretary@wwbany.org to schedule a <strong>WWBA</strong> sponsored or cosponsored<br />

program, including committee meetings, CLE programs, etc.<br />

❑ Once you have reserved the date with Jennifer Robinson, proceed with planning your program<br />

and creating your flyer.<br />

❑ Flyers must be approved by the Programs Committee. In advance of the 12th of the month,<br />

please send your flyer to the Program Committee Co-chairs for review and copy the Executive<br />

Director. Once approved, please send your final flyer to the Executive Director, Elisabeth Campos<br />

and the President for publication on the website calendar and the newsletter calendar. The<br />

final flyer will also be emailed to the membership.<br />

❑ We will also consider publicizing programs from outside organizations that may be of interest<br />

to our members.<br />

❑ Post-event: You may report on the success of your program and provide photographs of the<br />

speakers and participants that can be included in an upcoming newsletter. Send your submission<br />

to Jennifer Robinson, following the guidelines above.<br />

A d v e r t i s i n g R a t e s<br />

Full Page Display Ad<br />

5-10 Issues - $525.00 per issue<br />

1-4 Issues - $575.00 per issue<br />

Half Page Display Ad<br />

5-10 Issues - $275.00 per issue<br />

1-4 Issues - $300.00 per issue<br />

Contacts<br />

Jennifer Robinson, Corresponding Secretary and <strong>Newsletter</strong> Editor-in-Chief: secretary@wwbany.org<br />

Natanya L. Briendel, Programs Committee Co-Chair: tanyabriendel@gmail.com<br />

Amanda C. Fried, Programs Committee Co-Chair: afried@cartonrosoff.com<br />

Hon. Lisa Margaret Smith, President: president@wwbany.org<br />

Ann M. McNulty, CLE Chair: ann.m.mcnulty@morganstanley.com<br />

Elisabeth Campos, Executive Director: executivedirector@wwbany.org<br />

Quarter Page Display Ad<br />

5-10 Issues - $165.00 per issue<br />

1-4 Issues - $180.00 per issue<br />

Business Card Ad<br />

5-10 Issues - $60.00 per issue<br />

1-4 Issues - $75.00 per issue<br />

Classified – office space, furniture/equipment, employment & situation wanted (up to 5 lines)<br />

Members - $50.00 first issue; $25.00 each succeeding issue; Non-Members - $75.00 per issue<br />

Back Cover (3/4 page)<br />

5-10 Issues - $650.00 per issue; 1-4 Issues - $700.00 per issue<br />

Deadline for all ads is the 12th of the month prior to publication. Ads are subject to space limitations.<br />

Contact Jennifer Robinson at secretary@wwbany.org for any questions regarding advertising.<br />

Page 3


from page 1<br />

~ IN MEMORIAM ~<br />

THE HONORABLE RUTH BADER GINSBURG<br />

Ruth Bader went to Cornell<br />

University, where she met and<br />

fell in love with Martin Ginsburg,<br />

who would become her husband<br />

right after her graduation,<br />

and her partner for the rest of<br />

their lives. Ruth was a member<br />

of Phi Beta Kappa, and graduated<br />

as the highest ranking<br />

woman in the class at Cornell.<br />

At that time Martin, known as<br />

Marty, had completed one year<br />

at Harvard Law School. After<br />

their marriage the Ginsburgs<br />

went to Oklahoma, where Marty<br />

was stationed for his army service.<br />

Ruth obtained a civil service<br />

typist’s job, but when she<br />

revealed she was pregnant with<br />

her first child, she was demoted.<br />

It is in large part due to<br />

Justice Ginsburg’s work as an<br />

attorney that the action of demoting<br />

a woman due to pregnancy<br />

would be unlawful today.<br />

When the Ginsburgs returned<br />

to the East Coast following<br />

Martin’s army service Martin<br />

reenrolled at Harvard Law<br />

School and Ruth also enrolled,<br />

in the fall of 1953. She was just<br />

one of nine women in her class.<br />

(Our very own foremother, the<br />

Honorable Sondra Miller, had<br />

been three years ahead of Justice<br />

Ginsburg, in the first<br />

Harvard Law class to admit<br />

women, graduating in 1953. In<br />

1993 the two trailblazers participated<br />

in a Harvard Law event<br />

celebrating the 40th anniversary<br />

of women’s admission to<br />

the school.).<br />

When Martin graduated<br />

and got a law job in New York<br />

City, Justice Ginsburg asked<br />

Harvard to allow her to complete<br />

her studies at a New York<br />

law school and still receive a<br />

Harvard degree; this had been<br />

allowed for men in similar circumstances,<br />

but Harvard<br />

would have none of it, even<br />

though Ruth was highly ranked<br />

“A MEANINGFUL LIFE IS ONE LIVED NOT JUST FOR<br />

ONESELF BUT FOR ONE’S COMMUNITY.”<br />

~ Justice Ruth Bader Ginsburg<br />

and served as editor of the<br />

Harvard Law Review. The<br />

School rejected her request.<br />

Justice Ginsburg transferred to<br />

Columbia Law, where she was<br />

editor of the Columbia Law Review,<br />

and where she graduated,<br />

with a degree from Columbia<br />

Law, tied for first in her class.<br />

In 2011 Harvard remedied its<br />

earlier slight, awarding Justice<br />

Ginsburg an honorary degree.<br />

In 2015 Harvard honored her<br />

with its Radcliffe medal,<br />

awarded to a person who has<br />

transformed society - few can<br />

doubt that Justice Ginsburg was<br />

qualified for that medal!<br />

Despite her extraordinary<br />

scholastic achievement, Justice<br />

Ginsburg was unable to obtain<br />

a job as a lawyer at any firm in<br />

New York. She was also unable<br />

to obtain a clerkship, despite<br />

fabulous recommendations;<br />

there is little question that these<br />

rejections were because of her<br />

gender. Finally, one of Justice<br />

Ginsburg’s Columbia Law professors<br />

told Judge Edmund<br />

Palmieri of the Southern District<br />

of New York that if Judge<br />

Palmieri did not hire Ruth Bader<br />

Ginsburg as a clerk then the professor<br />

would never again recommend<br />

a clerk to Judge<br />

Palmieri - the Judge did the right<br />

thing, and hired her. After her<br />

two year clerkship, again unable<br />

to find a job at a New York<br />

City firm, Justice Ginsburg was<br />

hired by Columbia to work on a<br />

special project on international<br />

procedure, learning Swedish<br />

and spending time in Sweden<br />

before writing the seminal book<br />

on Swedish legal procedure. In<br />

1963 Justice Ginsburg was hired<br />

as a law professor at Rutgers<br />

Law School. Even with her<br />

amazing credentials, Justice<br />

Ginsburg was paid less than her<br />

male counterparts, because, it<br />

is said, the School felt that a<br />

woman with a husband who had<br />

a well-paid job did not require<br />

the same salary as a man supporting<br />

a family. This may have<br />

been one reason for her oftquoted<br />

statement, “I ask no favor<br />

for my sex. All I ask of our<br />

brethren is that they take their<br />

feet off our necks.”<br />

In 1972 Justice Ginsburg<br />

was hired to teach at Columbia<br />

Law School, and became the<br />

first woman to achieve tenure<br />

at that prestigious institution.<br />

Also in 1972 Justice Ginsburg<br />

co-founded the Women’s<br />

Rights Project at the American<br />

Civil Liberties Union (“ACLU”).<br />

During the next few years the<br />

ACLU took part in over 300 gender<br />

discrimination cases, many<br />

of them with input from Justice<br />

Ginsburg. Justice Ginsburg argued<br />

six gender discrimination<br />

cases before the all-male Supreme<br />

Court, and she won five<br />

of them. She often selected men<br />

as plaintiffs, seeking to convince<br />

the Court that gender discrimination<br />

was unconstitutional<br />

no matter which gender<br />

benefited. She has been quoted<br />

as having said “I don’t say<br />

women’s rights-I say the constitutional<br />

principle of the equal<br />

citizenship stature of men and<br />

women.”<br />

In 1980 Justice Ginsburg<br />

was nominated by President<br />

Jimmy Carter to a seat on the<br />

prestigious United States Court<br />

of Appeals for the District of<br />

Columbia. She was confirmed,<br />

and thirteen years later, in 1993,<br />

she was nominated by President<br />

Bill Clinton to a seat on<br />

the Supreme Court, to which<br />

she was also confirmed, as just<br />

the second woman on that<br />

Court, after Sandra Day<br />

O’Connor. Justice Gisburg took<br />

the oath of office on August 10,<br />

1993, and sat until her death<br />

this past September.<br />

As a United States Magistrate<br />

Judge for the Southern<br />

District of New York I had many<br />

opportunities to hear Justice<br />

Ginsburg speak, because she<br />

served as the Circuit Justice for<br />

the 2nd Circuit and appeared at<br />

all but one of the 2nd Circuit<br />

conferences since she undertook<br />

that responsibility in 1994.<br />

The one time she did not travel<br />

to speak to us, she spoke by<br />

video; it was shortly after her<br />

husband Marty had passed<br />

away. Justice Ginsburg had a<br />

dry wit and a slow, elegant<br />

speaking voice; on her last appearance<br />

we had the opportunity<br />

to see the movie “RBG“ and<br />

heard her comment on it. My<br />

daughter had a chance to hear<br />

her speak, and she treasures<br />

that memory.<br />

You may disagree with<br />

Justice Ginsburg on many issues<br />

– abortion, gun rights, the<br />

Affordable Care Act, the list<br />

goes on – but as women professionals<br />

I suspect that we all<br />

agree that Justice Ginsburg laid<br />

the groundwork for us to be<br />

lawyers and to be treated fairly,<br />

no matter our gender. Rest in<br />

peace, Justice Ginsburg, you are<br />

forever “Our Justice.”<br />

Ruth Bader Ginburg said<br />

many memorable things. Here<br />

are two of my favorites:<br />

“Fight for the things that<br />

you care about but do it in<br />

a way that will lead others<br />

to join you.”<br />

“A meaningful life is one<br />

lived not just for oneself but<br />

for one’s community.”<br />

~ Lisa Margaret Smith<br />

Page 4<br />

Westchester Women’s Bar Association News


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<strong>WWBA</strong> Members Help Combat Domestic Violence with the<br />

New Westchester County Domestic Violence High Risk Team<br />

Stacey Neumann<br />

Co-Chair of <strong>WWBA</strong> Domestic Violence Sub-Committee<br />

<strong>October</strong> is Domestic Violence Awareness<br />

month and we want to alert you to a new<br />

County innovation that <strong>WWBA</strong> members are<br />

involved with to combat domestic violence.<br />

In September <strong>2020</strong>, County Executive, George Latimer, announced<br />

the expansion of the Westchester County Domestic Violence<br />

High Risk Team. This innovative program is a multi-agency<br />

collaborative approach to preventing lethal domestic violence,<br />

identifying families at highest risk and intervening to save lives by<br />

providing immediate support and services.<br />

Prior to last month, a high-risk team was already in place in<br />

5 Northern Westchester towns: Pound Ridge, Lewisboro, Bedford,<br />

North Salem and Somers. The impetus for the creation of the<br />

Northern Westchester Team was the horrific murder-suicide case<br />

that occurred in 2017 in Pound Ridge. In that case, Steven Dym<br />

shot and killed his wife Loretta and their daughter Caroline with a<br />

shotgun before turning the gun on himself. This type of crime is<br />

called familicide and while it is very rare, Westchester County has<br />

had 3 such cases in the last 9 years.<br />

The Dym case spurred the County Office for Women led by<br />

Director Robi Schlaff, Chief David Ryan from Pound Ridge Police,<br />

CarlLa Horton from Hopes Door and others, to look deeper<br />

into these cases to figure out ways to provide enhanced safety to<br />

victims and minimize risks of lethality. “You can never predict<br />

catastrophe but that doesn’t mean you can’t take steps to mitigate<br />

the risks”, said Robi Schlaff, Director of the County Office<br />

for Women.<br />

Funded by the New York State Office for the Prevention of<br />

Domestic Violence, in 2017, the Northern Westchester Risk Reduction<br />

Team (NWRRT) was created and became the model for<br />

the expanded countywide team. Partner agencies reported positive<br />

results and attributed this to the regular communication and<br />

collaboration between agencies. According to CarlLa Horton,<br />

Executive Director of Hope’s Door, “It takes tremendous courage<br />

for victims of abuse to take the painful and dangerous steps to<br />

safety and independence. Most feel incredibly alone, believing<br />

that no one is there to believe, to understand, and to offer the<br />

myriad of support that is so deeply needed. We have learned that<br />

no single agency or system can do the whole job by themselves.<br />

We and our partners, are working collectively, strengthening all<br />

of us in support of victims making their personal journey from<br />

victim to survivor.”<br />

Who makes up the Westchester County Domestic Violence<br />

High Risk Team?<br />

Partners in the team include Westchester County Office for<br />

Women, Hope’s Door, Pace Women’s Justice Center, Westchester<br />

County Department of Public Safety, Westchester County Probation<br />

Department, Westchester County District Attorney’s Office,<br />

Westchester Medical Center, My Sister’s Place, Putnam/Northern<br />

Westchester Women’s Resource Center, Westchester Com-<br />

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President’s message<br />

from page 3<br />

The medical recommendation<br />

in my case was unanimous<br />

– I should undergo a complete<br />

bilateral mastectomy, with removal<br />

of any lymph nodes that<br />

might have cancer. So, in August<br />

2012, I had the surgery,<br />

including deip flap reconstruction<br />

using my own abdominal<br />

tissue to reconstruct my breasts<br />

without the use of implants. The<br />

tested lymph nodes were clear<br />

of cancer. The surgery lasted<br />

for twelve hours; when I awoke<br />

in recovery I was, for lack of a<br />

better description, tightly<br />

wrapped in what seemed like<br />

bubble wrap, and I was unable<br />

to move. The blood vessels between<br />

my chest and the newly<br />

placed tissue had been reconstructed<br />

to allow for blood flow,<br />

but the flow had to be checked<br />

nearly every hour with a sphygmometer<br />

to make sure that the<br />

reconstructed vessels continued<br />

to work. Without the blood flow<br />

the tissue would die and would<br />

have to be removed; the surgical<br />

incision was left open so that<br />

the blood flow could be measured<br />

and so, if any reconstructed<br />

blood vessel failed, an<br />

immediate emergency surgery<br />

could occur to correct the problem<br />

without having to reopen<br />

the original incision. After almost<br />

24 confusing and extremely<br />

painful hours in recovery<br />

– where a woman screamed<br />

incessantly from pain – I was<br />

removed to the ICU, because<br />

of the need for constant monitoring<br />

of the blood flow. I am<br />

no longer sure if I was in the<br />

ICU for one day or two, but<br />

eventually I was moved to the<br />

ward, still wrapped in bubble<br />

wrap, and still having constant<br />

monitoring of the blood flow.<br />

About a week after the surgery<br />

I was allowed to be freed<br />

from the cocoon I was in, and<br />

was allowed to get up and move<br />

around. I did require a second<br />

surgery to close the incision that<br />

had been left open in order to<br />

monitor the blood flow. In a<br />

few more days I was allowed to<br />

go home, where I had regular<br />

attention from a visiting nurse<br />

and a physical therapist. I had<br />

been told that I should plan to<br />

stay home for eight to ten weeks<br />

after the surgery, and I had<br />

continued on page 8 ➥<br />

grand ideas of using the time<br />

to sort my boxes of old photographs,<br />

clean out the junk<br />

drawers, and otherwise find<br />

useful things to do. In actual<br />

fact, I was not able to do much<br />

of anything. This surgery was<br />

unlike anything I had experienced,<br />

and took a great deal<br />

out of me, physically and emotionally.<br />

The boxes of photos<br />

and the junk drawers are still<br />

untouched to this day.<br />

A week or so after getting<br />

home the visiting nurse noticed<br />

that the incision was red and<br />

swollen, and a call to the plastic<br />

surgeon who had done the<br />

reconstruction resulted in a<br />

quick trip to his office, a prescription<br />

for high dose antibi-<br />

continued on page 13 ➥<br />

Westchester Women’s Bar Association News<br />

Page 5


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SDNY Hosts Virtual Celebration Honoring<br />

the Hon. Lisa M. Smith<br />

Deborah A. Scalise<br />

On Thursday, September 17, <strong>2020</strong>,<br />

the United States District Court for the<br />

Southern District of New York (SDNY) held<br />

a Virtual Tribute by Zoom to honor the<br />

career of our President, Magistrate Judge<br />

Lisa Margaret Smith. More than 140<br />

people Zoomed in for the event to celebrated<br />

Judge Smith’s retirement. The attendees<br />

came from as far as Scotland and<br />

England, and from Atlanta, Chicago,<br />

California, Maine, North Carolina, Washington<br />

D.C., Vermont, and, of course, New<br />

York and New Jersey.<br />

The evening was hosted by United<br />

States District Judge Cathy Seibel, who sits<br />

in the SDNY in White Plains. Judge Seibel<br />

began the tribute with kind words of her<br />

own about Judge Smith, from their time<br />

together in the U.S. Attorney’s Office (Judge<br />

Seibel became an AUSA a few months after<br />

Judge Smith did), and the period when<br />

Judge Seibel was still an AUSA and she<br />

had to appear before Judge Smith, and<br />

ultimately, since 2008, when they have<br />

served together in the Charles L. Brieant<br />

United States Courthouse in White Plains.<br />

Judge Seibel introduced Chief Magistrate<br />

Judge Paul Davison, who noted that<br />

he previously served as Federal Defender,<br />

and appeared before Judge Smith hundreds<br />

of times. When Judge Davison became<br />

a Magistrate Judge in in the SDNY<br />

in White Plains, he succeeded the Hon.<br />

Mark D. Fox in 2009. In that capacity he<br />

noted that he came to know Judge Smith<br />

as a judge, colleague, and friend.<br />

Next on the docket was retired Magistrate<br />

Judge Mark D. Fox. Judge Fox came<br />

to know Judge Smith when she was AUSA<br />

Smith and appeared before him many<br />

times. When a new Magistrate Judge position<br />

was established in 1994, Judge Fox<br />

encouraged then AUSA Smith to apply for<br />

the position. He became her colleague in<br />

March 1995, where they initially worked<br />

at the old courthouse (rented space in an<br />

office building) at 101 East Post Road,<br />

which was very different from the beautiful<br />

new courthouse at 300 Quarropas Street.<br />

The two had the good fortune to have adjacent<br />

chambers, and they shared a cof-<br />

feepot, many lunches, and lots of laughs.<br />

AUSA Perry Carbone spoke on behalf<br />

of the U.S. Attorney’s Office, noting his<br />

and his colleagues many appearances<br />

before Judge Smith, and her attention to<br />

detail when it came to applications for<br />

search warrants, such that she often edited<br />

them with a red pen. This earned Judge<br />

Smith two awards: the (hilarious) “Red Pen<br />

Award” and a plaque in Appreciation of<br />

her Service.<br />

Susanne Brody, Esq. has been a Federal<br />

Defender in White Plains and was an<br />

adversary of then AUSA Smith at the old<br />

courthouse. Ms. Brody reminisced that she<br />

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represented James Noel Damey in a matter<br />

in which AUSA Smith represented the government;<br />

the case involved possible interviews<br />

of witnesses located in Europe. When<br />

Judge Smith later became a Magistrate<br />

Judge, Ms. Brody noted that she appeared<br />

before Judge Smith many times, and appreciated<br />

that even when it was clear that<br />

her client was not going to get bail, Judge<br />

Smith would allow the argument to be made,<br />

and would give it consideration before ruling<br />

(before denying bail)!<br />

On behalf of the Westchester Women’s<br />

Bar Association, of which Judge Smith is<br />

continued on page 11 ➥<br />

Page 6<br />

Westchester Women’s Bar Association News


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An Interview with Allyson J. Lanahan<br />

Susan L. Pollet<br />

Chair of the Archive and<br />

Historian Committee<br />

Q: When and why did you<br />

become involved in the<br />

<strong>WWBA</strong>?<br />

A: The Westchester Women’s<br />

Bar Association offered a natural<br />

starting point for reinventing<br />

myself as a working mother<br />

when I was ready to pick up<br />

my legal career after taking<br />

time off to start a family. At<br />

that point in my life it was important<br />

to connect with other<br />

women who had successfully<br />

navigated professional and<br />

family responsibilities. As our<br />

culture is slowly starting to acknowledge,<br />

this careful balancing<br />

act is largely the province<br />

of women, and I found<br />

the support and guidance of<br />

the women I met at the <strong>WWBA</strong><br />

to be a vital part of my successful<br />

re-entry.<br />

Some of the women I met<br />

through the <strong>WWBA</strong> during<br />

those early re-entry days ultimately<br />

became my colleagues<br />

and mentors. A neighbor of<br />

mine suggested I reach out to<br />

Stephanie Melowsky who graciously<br />

responded to my outof-the-blue<br />

email inquiry and<br />

invited me to an inspiring diversity<br />

lecture organized by the<br />

<strong>WWBA</strong> Diversity Committee.<br />

Through Stephanie, I connected<br />

with then-president,<br />

Susan Edwards Colson. Susan<br />

invited me to Law Day<br />

where I was inspired to see the<br />

<strong>WWBA</strong> reaching out to engage<br />

the next generation of<br />

lawyers. Susan and I later went<br />

on to found and co-chair the<br />

Women in Professional Transition<br />

Project in order to support<br />

<strong>WWBA</strong> Members making<br />

changes in their legal careers,<br />

as I was doing. This turned<br />

out to be a great way to meet<br />

“. . . I am curious to see what impact<br />

this time in our culture has on women’s<br />

professional lives. At this particular<br />

moment, I think women especially are<br />

struggling to balance family and<br />

household demands with professional<br />

responsibilities, because there’s no<br />

longer a clear division between the two.”<br />

and help other members.<br />

Around that same time, the<br />

<strong>WWBA</strong> hosted its annual Cocktails<br />

and Conversation event on<br />

the rooftop at the Red Hat. I<br />

was introduced to then incoming<br />

president Lisa Denig who was<br />

her usual charming and energetic<br />

self. She introduced me<br />

to anyone and everyone she<br />

thought I should know, including<br />

my future co-chair of the real<br />

property committee, and now<br />

trusted mentor, Michele A. Luzio.<br />

After being introduced that<br />

night, Michele and I ended up<br />

co-chairing the Real Property<br />

Committee together for the next<br />

three years!<br />

It’s remarkable to look back<br />

now and recognize how these<br />

inspiring and dedicated women<br />

supported me personally, and<br />

professionally, as I navigated my<br />

re-entry into the legal field.<br />

Q: Which <strong>WWBA</strong> activities have<br />

you participated in?<br />

A: While part of the <strong>WWBA</strong>, I’ve<br />

cochaired the Real Property<br />

Committee, and the Women in<br />

Professional Transition Project.<br />

Each of these roles has offered<br />

me the valuable opportunity of<br />

connecting with other women in<br />

the <strong>WWBA</strong> and Westchester’s<br />

broader legal community.<br />

This network is especially<br />

valuable to me as a solo practitioner.<br />

In particular, the community<br />

of members in the real prop-<br />

Westchester Women’s Bar Association News<br />

erty committee, has become a<br />

valuable collaboration among<br />

knowledgeable practitioners in<br />

the field. Our bi-monthly meetings<br />

provide an opportunity to<br />

identify and discuss common<br />

practice issues. During my time<br />

as Co-Chair, it has been a goal<br />

of the Committee to offer its<br />

members a space to learn and<br />

sharpen skills by harnessing the<br />

collective experience and legal<br />

expertise of the larger group.<br />

Frequently the members make<br />

client and resource referrals to<br />

support one another. Furthermore,<br />

on a personal level, it’s<br />

been very rewarding getting to<br />

know that group of women.<br />

Susan Edwards Colson and<br />

I founded the Women in Professional<br />

Transition Project to support<br />

<strong>WWBA</strong> Members making<br />

changes in their legal careers.<br />

We recognized there was value<br />

to be offered to Members by providing<br />

a place to connect, and<br />

to exchange ideas and resources.<br />

Among the group there<br />

was always something to learn,<br />

a referral to be made or a way<br />

to expand our networks. This<br />

project was doubly rewarding<br />

because supporting other<br />

women in professional transition<br />

helped me with my own.<br />

Q: Tell us about your practice,<br />

including what you like most<br />

about it and what are you find<br />

most challenging.<br />

Allyson J. Lanahan<br />

A: I am a solo-practitioner<br />

specializing in residential real<br />

estate and estate planning.<br />

On the real estate side of<br />

things, I really enjoy working<br />

with first-time buyers, and helping<br />

them transition to the next<br />

chapter in their lives. They<br />

usually have a lot of questions<br />

and it is rewarding to be able<br />

to offer them guidance and<br />

peace of mind. I also enjoy<br />

getting to know the group of<br />

real estate agents, title agents,<br />

mortgage brokers and the<br />

other lawyers making up<br />

Westchester’s residential real<br />

estate community.<br />

On the estate planning<br />

side of things, I’ve come to<br />

understand that estate plans<br />

are about more than how<br />

much money you have. Ultimately,<br />

they reflect a given<br />

client’s personal goals and<br />

values. I enjoy helping my clients<br />

identify those goals and<br />

envision their legacy, and then<br />

translate those goals into a<br />

comprehensive plan.<br />

On the practice management<br />

side of things, being a<br />

solo practitioner definitely has<br />

its rewards – and challenges.<br />

First and foremost, I appreciate<br />

the autonomy and flexibilcontinued<br />

on page 9 ➥<br />

Page 7


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New Westchester County Domestic Violence High Risk Team<br />

from page 5<br />

munity Opportunity Programs/<br />

Victims Assistance Services and<br />

Legal Services of Hudson Valley.<br />

Additionally, county agencies<br />

such as the Department of<br />

Social Services and Community<br />

Mental Health are resources for<br />

the team.<br />

Each of these agencies<br />

brings a level of expertise in the<br />

area of Domestic Violence from<br />

a variety of different vantage<br />

points which, combined together,<br />

provide the best chance<br />

of helping victims.<br />

How does the Westchester<br />

County Domestic Violence<br />

High Risk Team work?<br />

At the center of the team’s<br />

approach is a Lethality Assessment<br />

Program (or LAP). The<br />

LAP is a set of 12 questions that<br />

officers can use to assess the<br />

level of risk when they respond<br />

to a domestic violence incident.<br />

It is predicated on the work of<br />

Dr. Jaqueline Campbell from<br />

Johns Hopkins University<br />

School of Nursing. Dr.<br />

Campbell interviewed abused<br />

women, shelter workers, law<br />

enforcement officials, and other<br />

clinical experts on battering and<br />

from that research, identified<br />

key risk factors that were incorporated<br />

into a series of questions<br />

that became known as the<br />

Danger Assessment.<br />

Representatives from the<br />

County Office for Women,<br />

White Plains Police Department,<br />

Pound Ridge Police Department,<br />

the Westchester District<br />

Attorney’s Office, the<br />

Westchester Medical Center<br />

and Pace Women’s Justice Center<br />

are training police officers<br />

throughout the county on how<br />

the LAP works and how to use<br />

the danger assessment tool.<br />

Darlene Reda, Program Administrator<br />

from the County<br />

Office for Women explained<br />

“The trauma-informed training<br />

is crucial in helping responding<br />

officers understand the effects<br />

of trauma on victims of<br />

domestic violence and how that<br />

trauma affects a victim’s<br />

memory, demeanor and the<br />

way they respond to the situation.<br />

The officers are trained on<br />

the importance of making eye<br />

contact and really listening to<br />

and following up on a victim’s<br />

answers to the Danger Assessment<br />

questions. We know that<br />

it is often frustrating for officers<br />

to go out again and again to<br />

the same residence for DV calls;<br />

this training helps the officers<br />

to understand the dynamics of<br />

domestic violence and why, for<br />

example, a victim continues to<br />

stay with the abuser. We want<br />

the officers to know that their<br />

demeanor can make all the difference<br />

in the world to a victim.”<br />

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○<br />

Once a victim is evaluated<br />

as high risk after the LAP<br />

screening, the police officer<br />

doing the screening will call a<br />

24 -hour hotline and connect<br />

the victim with a trained advocate.<br />

The hotline is staffed by<br />

advocates from Westchester<br />

Medical Center who will provide<br />

crisis intervention, safety<br />

planning and referrals for<br />

emergency housing along with<br />

other critical services. The service<br />

providers on the high-risk<br />

team will then follow up with<br />

high risk victims within 24<br />

hours and obtain victims’ consent<br />

to coordinate critical services<br />

for them.<br />

The underlying theory behind<br />

this program is that if a<br />

victim is given the opportunity<br />

to connect with a domestic violence<br />

advocate while a police<br />

officer is present, the victim is<br />

continued on page 15 ➥<br />

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To learn about Sterling’s full suite<br />

of services, visit snb.com.<br />

Member<br />

FDIC<br />

Page 8<br />

Westchester Women’s Bar Association News


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THE 19TH AMENDMENT:<br />

The Past in the Present<br />

Eileen N. Nadelson<br />

On September 22, I celebrated<br />

two birthdays - Voter<br />

Registration Day and the<br />

Centennial of the 19th<br />

Amendment. The latter gave<br />

women the right to vote on<br />

August 18, 1920. The theme<br />

of <strong>2020</strong> seems to center<br />

around the vote, and I took<br />

on the role of producing a<br />

documentary video to honor<br />

the long and difficult campaign<br />

forged by the woman<br />

suffrage movement. So, what<br />

does this have to do with our<br />

bar association? Glad I<br />

asked.<br />

Besides the obvious connection<br />

to gender, we, as attorneys,<br />

take an oath to uphold<br />

the Constitution, and the<br />

19th Amendment is certainly<br />

a part of that. We also make<br />

up a large chunk of “We the<br />

People”, tipping slightly into<br />

the majority. But, bestowing<br />

accolades on the triumphs of<br />

women in history is not the<br />

objective of this article. What<br />

is my objective is to reinvigorate<br />

the notion that what we<br />

do in the present is the foundation<br />

for the future. The<br />

Jews call it tradition; the Buddhists<br />

or Hindus call it karma.<br />

I call it legacy.<br />

Our profession gives<br />

ample opportunity to provide<br />

a legacy. Yet, many fail to<br />

utilize it. Think about it. We<br />

create documents, write<br />

briefs, and make arguments<br />

at court. Even without a word<br />

recorded, the base is established.<br />

We interpret and,<br />

sometimes, reestablish the<br />

rules of law. Can you get how<br />

significant and influential that<br />

is? Here is the mindset I want<br />

to propose. Treat every case,<br />

every client, every document<br />

or agreement, every argu-<br />

ment, whether fierce or finessed,<br />

as historical strata.<br />

Sure, some will follow a pattern.<br />

Every movement has a<br />

pattern. The woman suffrage<br />

had a pattern. It is the totality<br />

of the action that leaves<br />

the legacy.<br />

Generally, we follow the<br />

footprints that precede us.<br />

Ever notice how we step into<br />

the footprints already set in<br />

the snow or on a muddy<br />

road? Of course, we can always<br />

set our own path of<br />

footprints. Think of the<br />

people you admired or revered.<br />

That includes members<br />

of your own family, or,<br />

perhaps, historical icons. In<br />

my case, I live on the legacy<br />

of my ancestors, and, also,<br />

revere the lifestyle and principles<br />

of Abraham Lincoln. I<br />

assert that Justice Ginsburg<br />

will be one of the legacy<br />

icons for future generations.<br />

Time to bring this back<br />

full circle. What we do today<br />

will have a lasting impact<br />

on those who follow.<br />

The woman suffrage left a<br />

legacy of the vote for approximately<br />

half the population<br />

of these United States.<br />

The culmination of that<br />

achievement was based on<br />

the legacy of the women who<br />

initiated the first meeting in<br />

Seneca Falls, NY in 1848, 72<br />

years prior. Leaving a legacy<br />

is never easy, but it is inevitable.<br />

Remember this: Posterity<br />

is created in the present.<br />

[Oh, and don’t forget to<br />

vote.] ◗<br />

○ ○ ○ ○ ○ ○ ○ ○<br />

Eileen N. Nadelson is a retired judge<br />

from NYC. As the founder of Judge<br />

For Yourself, she now counsels attorneys<br />

on making a winning argument<br />

at court or conference. You can<br />

reach her directly at 914-415-1292<br />

or judgeforyourself.info.<br />

An Interview with<br />

Allyson J. Lanahan<br />

from page 7<br />

ity that being your own boss<br />

provides. As mother to two<br />

young children, it is especially<br />

important to me to be able to<br />

work remotely and navigate<br />

my work responsibilities<br />

around my parenting responsibilities.<br />

As the boss, I never<br />

have to make excuses or seek<br />

permission to attend that<br />

school concert or parent<br />

teacher conference. On the<br />

other hand, the buck stops<br />

with me. If there’s a problem,<br />

I am the only one to solve it,<br />

and I need to wear every hat:<br />

bookkeeper, IT department,<br />

billing department, paralegal,<br />

file clerk. You name it, I do<br />

it! It can be challenging to<br />

be and do All The Things, All<br />

The Time, but for me the tradeoff<br />

has been worth it.<br />

Q: How do you think the legal<br />

profession will change in<br />

this time of the pandemic,<br />

and how do you believe it’ll<br />

impact women in the profession<br />

in the community?<br />

A: I imagine that some of the<br />

changes we have made to<br />

adapt to the COVID-19 pandemic<br />

will last long after the<br />

pandemic has passed. For<br />

example, remote work is likely<br />

here to stay and to be extended<br />

to more people, including<br />

working from home,<br />

and, for better or worse, virtual<br />

meetings.<br />

In particular, I am curious<br />

to see what impact this<br />

time in our culture has on<br />

women’s professional lives.<br />

At this particular moment, I<br />

think women especially are<br />

struggling to balance family<br />

and household demands with<br />

professional responsibilities,<br />

because there’s no longer a<br />

clear division between the two.<br />

This universal “work from<br />

home” moment is revealing<br />

just how deep the inequities of<br />

caretaking and household<br />

management have traditionally<br />

been between men and<br />

women, even when both are<br />

working full-time jobs. What<br />

will we do with that information?<br />

Will we decide that affordable<br />

quality childcare is<br />

something we want to make<br />

accessible to everyone so that<br />

women, and all parents, are<br />

free to pursue their careers? I<br />

hope so, and I hope we use<br />

this moment as an opportunity<br />

to reexamine how corporate<br />

culture can do better by<br />

women and families.<br />

Q: When you are not practicing<br />

law, what are your activities<br />

in the community preand<br />

postcoronavirus pandemic?<br />

A: When I’m not working, I<br />

am active in my local community<br />

association, where I<br />

am a member of the executive<br />

board. We monitor and address<br />

civic issues in our town,<br />

connect neighbors and build<br />

community. We’ve been able<br />

to meet virtually during the<br />

health crisis and, in a way, our<br />

role is even more vital now as<br />

we strive to make sure our<br />

most vulnerable and affected<br />

neighbors have the support<br />

they need. I’m also part of the<br />

parent’s committee of my son’s<br />

preschool. Taking leadership<br />

roles in both these groups is<br />

rewarding, not only because<br />

of the opportunities these roles<br />

provide to engage with and<br />

support my immediate community,<br />

but because of the<br />

neighbors and friends I’ve met<br />

along the way. ◗<br />

Westchester Women’s Bar Association News<br />

Page 9


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<strong>WWBA</strong> AND SDNY CELEBRATE LAW DAY <strong>2020</strong> VIRTUALLY<br />

Tiana Colon, Deborah A. Scalise<br />

and Hon. Lisa Margaret Smith<br />

Law Day has always been<br />

an amazing experience where<br />

students are surrounded by talented<br />

and remarkable individuals<br />

who, through their careers<br />

in the legal community, endeavor<br />

to inspire others and further<br />

a better society. This was<br />

the fourth year that the Rye Neck<br />

Mock Trial Team has participated.<br />

In the past, one of the<br />

best parts of the day was seeing<br />

the younger students energetically<br />

entering the Court<br />

ready to participate in every<br />

activity, and eager to learn more<br />

about the justice system as well<br />

as the history behind Law Day.<br />

Unfortunately, due to COVID-<br />

19 and social distancing guidelines,<br />

the tradition of hosting<br />

Law Day at the United States<br />

District Court in the Southern<br />

District of New York was hindered.<br />

However, this did not<br />

prevent the annual event from<br />

occurring for these students.<br />

On May 4th, <strong>2020</strong>, The<br />

Westchester Women’s Bar Association<br />

hosted the annual<br />

Law Day/Take Your Children to<br />

Work Day Presentation virtually<br />

for students, teachers, and parents.<br />

This year’s event involved<br />

a record number of more than<br />

300 attendees from Westchester<br />

Schools, as well as attendees<br />

from as far as the Bronx,<br />

Putnam and Rockland , Bethel,<br />

NY , Danbury, Connecticut,<br />

and even, North Miami Beach,<br />

Florida. This event was made<br />

possible via a live webcast<br />

which was able to display presenters<br />

communicating through<br />

a virtual video conference that<br />

was soon uploaded to<br />

everyone’s digital screens. All<br />

guests were first welcomed by<br />

<strong>WWBA</strong> Community Outreach<br />

Co-chairs, Deborah A. Scalise,<br />

Esq., and the Honorable Lisa<br />

Margaret Smith, United States<br />

Magistrate Judge, along with<br />

the <strong>WWBA</strong> President, Angela<br />

Morcone Giannini.<br />

Ms. Scalise, of Scalise and<br />

Hamilton, P.C. Scarsdale, introduced<br />

herself and her colleagues<br />

to all participants<br />

watching the live stream. After<br />

a few words of thanks shared<br />

by Angela Giannini, a founding<br />

partner of Fontana<br />

Giannini, LLP in White Plains,<br />

Magistrate Judge Smith explained<br />

the history behind Law<br />

Day and announced this year’s<br />

theme: “Your Vote, Your Voice,<br />

Our Democracy: the 19th<br />

Amendment at 100.” Following<br />

the conversation about the<br />

United States Constitution, the<br />

importance of the Women’s<br />

Suffrage Movement was discussed<br />

as Magistrate Judge<br />

Smith recognized the hundreds<br />

of thousands of women and<br />

other individuals who for decades<br />

fought long and hard for<br />

women to finally be granted the<br />

ability to vote. Participants were<br />

informed on how other achievements<br />

in U.S. history, such as<br />

the 15th Amendment, influenced<br />

the Suffrage Movement<br />

and encouraged the drive of<br />

supporters of the Movement. It<br />

was explained that the enactment<br />

of the 19th Amendment<br />

was a turning point in history<br />

that signified one of the first<br />

steps towards reaching gender<br />

equality and how the huge<br />

milestone would forever shape<br />

today’s society.<br />

Magistrate Judge Smith<br />

then introduced the Rye Neck<br />

High School Mock Trial Team,<br />

continued on page 14 ➥<br />

Page 10<br />

Westchester Women’s Bar Association News


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SDNY Hosts Virtual Celebration Honoring<br />

the Hon. Lisa M. Smith<br />

from page 6<br />

the current President, past <strong>WWBA</strong> President<br />

Deb Scalise presented a montage of<br />

photographs in celebration of Judge<br />

Smith’s career, as well as her longtime commitment<br />

to the <strong>WWBA</strong>, which recently culminated<br />

in her induction as President of<br />

the <strong>WWBA</strong>. The slide show’s introduction<br />

bears repeating:<br />

Our colleague, mentor, friend, and<br />

fearless leader, the truly Honorable<br />

Lisa Margaret Smith and current President<br />

of the <strong>WWBA</strong>, epitomizes the<br />

mission of the Westchester Women’s<br />

Bar Association.<br />

So, forgive me for adding to and<br />

paraphrasing our Mission Statement:<br />

The mission of the <strong>WWBA</strong>, and its President<br />

the Honorable Lisa Margaret<br />

Smith, United States Magistrate Judge<br />

for the Southern District of New York is<br />

and will continue to be to promote justice<br />

for all, regardless of gender; to<br />

advance the social, economic and<br />

legal status for women through the<br />

law; to expand opportunities for<br />

women and to raise the level of competence<br />

and integrity in the legal profession.<br />

We hope that you enjoy this presentation<br />

which is but a small part of<br />

who Judge Smith is. She is a prime<br />

example of someone that we can all<br />

look to as a woman. Judge Smith is a<br />

devoted wife to William Bowen, and<br />

Mom to J.T and Kinsey, yet she has<br />

managed a successful career of firsts.<br />

For most that would be enough. Yet,<br />

Judge Smith never says no. She makes<br />

the time and effort volunteering over<br />

the years, generally to mentor all of<br />

us at the <strong>WWBA</strong>, but in large part to<br />

the younger generations of judges, lawyers,<br />

and students in our community.<br />

No matter what she may undertake, it<br />

is evident that the Hon. Lisa Margaret<br />

Smith ensures that all her energy, intellect,<br />

and decency are focused on<br />

that case, person, or task.<br />

We are grateful to have the Hon.<br />

Lisa Margaret Smith in our lives. We<br />

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Flowers from the <strong>WWBA</strong> for<br />

Hon. Lisa M. Smith<br />

wish her well on her retirement as well<br />

as her new role as President of the<br />

<strong>WWBA</strong>.<br />

The photographs of Judge Smith, her<br />

family, her colleagues on the bench and<br />

at the bar as well as her <strong>WWBA</strong> activities,<br />

demonstrated her substantial contributions<br />

to and participation in programs with her<br />

judicial colleagues, and as Community<br />

Outreach Co-chair, where for more than<br />

twenty years she has coordinated the Law<br />

Day/ Take Your Children to Work Day Programs;<br />

and Career Day Programs. More<br />

recently, she helped to coach the Rye Neck<br />

Mock Trial High School Mock Trial Team,<br />

and also incorporated the Team into our<br />

Law/Day festivities, which was held virtually<br />

this year and was attended by more<br />

than 300 students! The slide show concluded<br />

with Judge Smith’s virtual induction<br />

as <strong>WWBA</strong> President this past June. In<br />

honor of her retirement the <strong>WWBA</strong> gave<br />

Judge Smith a beautiful orchid in her favorite<br />

color - purple!! While everyone truly<br />

enjoyed the slide show, Judge Smith’s<br />

<strong>WWBA</strong> Presidency will long be remembered<br />

for virtual events!<br />

Judge Seibel also introduced District<br />

Judge Vincent Briccetti. Judge Briccetti and<br />

Judge Smith have known each other since<br />

they were both AUSAs in the Southern District<br />

of New York. They are also neigh-<br />

bors, and Judge Briccetti’s daughters<br />

babysat Judge Smith’s children years ago.<br />

Judge Briccetti talked about how he encourages<br />

litigants to consent to holding<br />

trial before Magistrate Judges, because<br />

when he was in private practice, he had<br />

good luck with trials before Magistrate<br />

Judges, including a bench trial before<br />

Judge Smith. He talked about his belief<br />

that Judge Smith did not get swayed by his<br />

client’s prior criminal record, and instead<br />

credited his client’s testimony, then found<br />

in favor of Judge Briccetti’s client. Like the<br />

other speakers, he spoke of knowing Judge<br />

Smith in different roles, as a colleague in<br />

the U.S. Attorney’s Office, as a judge before<br />

whom he appeared, as a colleague<br />

in the District Court, and as a friend.<br />

Concluding the tribute was the Hon.<br />

Colleen McMahon, Chief Judge of the<br />

Southern District of New York. Getting<br />

somewhat choked up, Judge McMahon,<br />

who began her federal judicial career in<br />

White Plains in 1998, where she sat until<br />

2007, commented that Judge Smith was<br />

the first to welcome her to White Plains.<br />

She also assured the audience that she loves<br />

Judge Smith even though Judge Smith is<br />

the only Magistrate Judge whose Report<br />

and Recommendation she has reversed,<br />

only to find the Second Circuit reversing<br />

Judge McMahon, and she does not hold<br />

it against Judge Smith. Judge McMahon<br />

reiterated that she will truly miss her friend,<br />

Judge Smith.<br />

Notably, even though the speakers<br />

independently prepared their remarks, they<br />

uniformly emphasized Judge Smith’s dedication,<br />

intellect, collegiality, and friendship.<br />

Although Judge Smith had a chance<br />

for rebuttal, she chose to give heartfelt<br />

thanks to all, stating:<br />

Good evening everyone. I am so<br />

blessed to have such extraordinary friends<br />

and colleagues as the ones we have<br />

heard from this evening. Thank you to<br />

each and every one of our speakers for<br />

your kind words, I am truly and humbly<br />

honored. I know this is my chance for<br />

rebuttal, but I’d like to focus on a few thank<br />

continued on page 13 ➥<br />

Westchester Women’s Bar Association News<br />

Page 11


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President’s message<br />

from page 5<br />

otics, and in another day a return<br />

to the hospital for a third<br />

surgery (not counting the<br />

lumpectomies) to be certain the<br />

infection was contained. The<br />

operating room on that occasion<br />

was jampacked, because<br />

this was a teaching hospital,<br />

and very few of the interns and<br />

residents had ever seen what a<br />

reconstruction looked like a<br />

week or more after the patient<br />

went home. The surgery went<br />

well, the infection was tamed,<br />

a few more days of IV antibiotics<br />

and I was home again.<br />

Anyone who has had any<br />

reconstruction knows that there<br />

are follow-up surgeries and procedures,<br />

including tattooing to<br />

create areolas around newly<br />

created nipples. Every doctor<br />

who looks at my reconstruction<br />

marvels at the high quality of<br />

my plastic surgeon’s work, but<br />

when I look at myself I just see<br />

all the scars and a shape that<br />

is not my own. Another consequence<br />

of my surgery that I had<br />

not known would happen is that<br />

I have lost most sensation from<br />

my abdomen to the top of my<br />

breasts. Some has returned, but<br />

most has not.<br />

There were tests, the tissue<br />

was oncotyped, I had DNA<br />

analysis, I learned that I did not<br />

have a breast cancer gene. The<br />

cancer was estrogen positive,<br />

meaning that if there were any<br />

tiny cells of the cancer remaining,<br />

estrogen would encourage<br />

growth, so I was prescribed an<br />

estrogen blocking drug for five<br />

years, which I took religiously.<br />

I was very fortunate, others have<br />

suffered severe side effects from<br />

similar drugs, but my only side<br />

effect, discovered during a<br />

bone density scan, was that the<br />

drug was leaching calcium<br />

from my bones, so I became<br />

osteopenic, which can be a<br />

“I [am telling] you this story because<br />

I want each of you who has gone<br />

through this challenge, or who is<br />

going through this challenge, or<br />

who will go through this challenge,<br />

to know that you are not alone.”<br />

precursor to osteoporosis. I did<br />

not have chemotherapy or radiation.<br />

After five years further<br />

analysis led my doctors to recommend<br />

that I stop taking the<br />

estrogen blocker, because my<br />

risk of recurrence was quite low,<br />

with or without the drug. As a<br />

result, my bones strengthened,<br />

and the doctors determined that<br />

I could be considered cancer<br />

free.<br />

Though considered cancer<br />

free, I did not stop seeing my<br />

doctors, usually it was just an<br />

annual visit to a nurse practitioner.<br />

At one point I became<br />

concerned about a small lump<br />

in my reconstructed breast tissue,<br />

so I returned to my breast<br />

surgeon. She biopsied the<br />

lump, and, as she had suspected,<br />

it was an accumulation<br />

of fat tissue resulting from the<br />

reconstruction. I also pointed<br />

to a raised area above my<br />

breasts, right next to my breastbone,<br />

that was oval in shape,<br />

and just a protruding disc, not<br />

a lump like the other one. It<br />

did not hurt, and over time it<br />

had not seemed to grow. My<br />

surgeon palpated it, and she<br />

then dismissed it, saying it was<br />

nothing to worry about. Unfortunately,<br />

she was wrong.<br />

In May of <strong>2020</strong>, after postponing<br />

a doctor’s appointment<br />

because of the coronavirus<br />

pandemic, I saw my internist of<br />

30 plus years for something<br />

quite unrelated. While I was<br />

there I pointed out this raised<br />

area, and asked if he thought I<br />

should be concerned. It had<br />

not grown markedly in the year<br />

or so since I had shown it to<br />

my breast surgeon, nor did it<br />

hurt, but it still concerned me.<br />

My internist looked at it, and<br />

said “In light of your history let’s<br />

get it checked.”<br />

First he sent me for an ultrasound.<br />

I was subsequently<br />

told that on the first look the<br />

radiologist did not see anything,<br />

but that he asked the ultrasound<br />

operator to do further scans,<br />

because he knew my internist<br />

would likely have had a reason<br />

to send me there. On further<br />

review he felt the tissue<br />

looked suspicious. So my internist<br />

sent me for a needle biopsy.<br />

The needle biopsy also<br />

revealed suspicious cells, but<br />

there was not enough tissue for<br />

a firm diagnosis. So I went for<br />

a core biopsy, with additional<br />

tissue taken from the raised<br />

area, and also from a lymph<br />

node near my underarm. This<br />

was it. The tissue was diagnosed<br />

as metastatic breast cancer,<br />

also known as stage four.<br />

It is invasive breast cancer.<br />

Further tests showed it is<br />

triple negative, meaning that<br />

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unlike my prior breast cancer,<br />

this was not estrogen positive.<br />

Triple negative stage four breast<br />

cancer is considered very aggressive.<br />

I then went to an oncologist<br />

(I am going to a different<br />

hospital and cancer center<br />

than the one that failed to diagnose<br />

this cancer), who ordered<br />

a petscan to determine<br />

the extent of the spread. The<br />

petscan seemed to indicate<br />

likely spread in my thoracic<br />

spine, subsequently confirmed<br />

by an MRI and a bone biopsy.<br />

Finally, in late June, I started<br />

my first round of chemotherapy.<br />

The oncologist told me that the<br />

cancer is incurable, but treatable,<br />

and that it was not yet time<br />

to put my affairs in order.<br />

So far I am lucky. I am taking<br />

oral chemotherapy medication,<br />

each cycle is three<br />

weeks long, during the first two<br />

weeks I take four pills in the<br />

morning and four more in the<br />

evening, and then I have a<br />

week off. Every six weeks I have<br />

an injection intended to<br />

strengthen my bones to prevent<br />

further spread. I have not had<br />

terrible side effects. I have a<br />

funny metallic taste in my mouth<br />

pretty much all the time, and<br />

the skin on my fingers has<br />

sloughed off. I am also somewhat<br />

tired, but I have been able<br />

continued on page 17 ➥<br />

Page 12<br />

Westchester Women’s Bar Association News


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SDNY Hosts Virtual Celebration Honoring<br />

the Hon. Lisa M. Smith<br />

from page 11<br />

yous, instead.<br />

First, thank you to the Chief<br />

District Judges who have led the<br />

Southern District during my tenure,<br />

beginning with the late<br />

Hon. Tom Griesa, who, without<br />

hesitation, granted my request<br />

for time off following the birth<br />

of my first child, this was new<br />

territory because, as far as I<br />

know, no sitting judge in the<br />

SDNY has given birth while serving<br />

as a judge, except me.<br />

Next came the Hon. Michael<br />

Mukasey, for my first reappointment<br />

he agreed to do a swearing<br />

in ceremony in White Plains<br />

so that my two children could<br />

attend, because they had not<br />

even been born when I was first<br />

sworn in. The Hon. Kimba<br />

Wood served as Chief during<br />

the two-year period when I was<br />

the Chief Magistrate Judge, we<br />

attended a “Hail to the Chief”<br />

event during our respective<br />

chiefdoms, I have a treasured<br />

photo of the two of us from that<br />

event. Next came the Hon.<br />

Loretta Preska, who served during<br />

the budgetary battles resulting<br />

from the Great Recession.<br />

During that time, I served on<br />

the Committee on the Budget<br />

for the United States courts, and<br />

I benefitted tremendously from<br />

Judge Preska’s guidance. I<br />

also appreciated the support I<br />

received from our Circuit Chief,<br />

Bob Katzmann, while I was on<br />

the Budget Committee. The final<br />

chief for whom I’ve served<br />

is my friend, the Hon. Colleen<br />

McMahon, who had the good<br />

sense to begin her federal judicial<br />

career in White Plains, giving<br />

her insight into the entire<br />

District, not just that auxiliary<br />

Courthouse in Manhattan! Of<br />

course, Colleen has had to face<br />

the impact of Covid-19, and with<br />

the incredible support of all of<br />

our District and Magistrate<br />

Judges, and the guidance of Ed<br />

Friedland and Ruby Krajick and<br />

their staffs, the Southern District<br />

of New York barely skipped a<br />

beat in serving our constituencies.<br />

With the exception of being<br />

able to conduct in person<br />

hearings and trials, during the<br />

last six months the work has<br />

gone on. All of the Chief Judges<br />

who have led the Court during<br />

my time as a Magistrate Judge<br />

have demonstrated extraordinary<br />

leadership, and I thank<br />

them.<br />

In addition to those that<br />

I’ve mentioned, I must thank<br />

the late Hon. Charles Brieant,<br />

who had been Chief Judge of<br />

the District before I was appointed,<br />

but who truly was the<br />

de facto Chief of the White<br />

Plains Courthouse until his<br />

death in 2008. Everyone who<br />

knew and worked with him will<br />

agree that he was truly our<br />

leader in White Plains.<br />

I must also thank my most<br />

sustaining judicial mentor, the<br />

Hon. Mark Fox, from whom you<br />

heard, who served ably in<br />

White Plains from 1991until his<br />

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retirement in 2008. Mark encouraged<br />

me to apply for the<br />

new second Magistrate Judge<br />

position in White Plains, and he<br />

guided me daily during the succeeding<br />

years until he retired.<br />

We were joined by the Hon.<br />

George Yanthis, the third Magistrate<br />

Judge in White Plains in<br />

1997, and the three of us were<br />

definitely a team, I thank them<br />

both. I must also thank Hon.<br />

Marty Goldberg, he is the only<br />

Southern District Magistrate<br />

Judge with even more seniority<br />

than I have, as he was appointed<br />

a part time Magistrate<br />

Judge in 1993 and is still sitting.<br />

Most of you probably do<br />

not know Marty, as he quietly<br />

performs his duties, handling<br />

the petty offense docket for the<br />

six northern counties in the<br />

Southern District. In 1996, when<br />

my son was born and I took<br />

some time off, Marty voluntarily<br />

helped Mark Fox to handle<br />

the criminal duty in my stead,<br />

this is just one example of the<br />

extraordinary support and cooperation<br />

that exists among the<br />

Magistrate Judges of this District<br />

every day.<br />

You have heard from the<br />

current Chief Magistrate Judge,<br />

the Hon. Paul Davison, who<br />

appeared before me regularly<br />

when he was a Federal Defender,<br />

and I was delighted<br />

when he joined me on the<br />

bench in 2009. I gladly supported<br />

his candidacy because<br />

I knew how perfect he would<br />

be as a judge, and in order to<br />

slightly balance the imbalance<br />

between prosecutors and defense<br />

attorneys on the bench<br />

in White Plains. Another balance<br />

that deserves mention is<br />

the gender balance, when I<br />

started in White Plains, I was<br />

continued on page 15 ➥<br />

Westchester Women’s Bar Association News<br />

Page 13


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<strong>WWBA</strong> AND SDNY CELEBRATE LAW DAY <strong>2020</strong> VIRTUALLY<br />

from page 10<br />

who presented an hour-long trial to all<br />

viewers. Magistrate Judge Smith explained<br />

that this year’s statewide Mock Trial competition<br />

was canceled due to the<br />

coronavirus. With help from Marcella L.<br />

Scalise (Teacher Coach), Deborah A.<br />

Scalise (Lawyer Coach), and the Hon. Lisa<br />

Margaret Smith (Assistant Coach), the Rye<br />

Neck Mock Trial Team has been able to<br />

learn how to accurately conduct legal research,<br />

interpret certain rulings and regulations,<br />

and even how to prepare legal<br />

documents. All of the helpful knowledge<br />

and teachings led our team to win their<br />

match in the first and only round of the<br />

competition season. We thought the season<br />

was over, but our Team and Coaches<br />

gladly reassembled remotely to practice<br />

and to participate virtually in Law Day!<br />

This year’s criminal case, U.S. v.<br />

Phoenix Jones, was about Phoenix<br />

Jones, who was accused of the purchasing<br />

and selling of stolen items off of the<br />

internet with a source of cryptocurrency<br />

referred to as “Byte coin.” While Magistrate<br />

Judge Smith officiated the mock trial,<br />

the Team presented both the Prosecution<br />

and the Defense, including opening and<br />

closing statements and a direct and crossexaminations<br />

of each witness involved in<br />

the case. The audience at home was able<br />

to partake in the fun as well. They received<br />

a Verdict Sheet virtually and acted as the<br />

jury, rendering their verdict in favor of<br />

the Defense by declaring Phoenix Jones<br />

“Not guilty”. Through the trial presentation,<br />

the viewers learned about trial<br />

essentials and followed what it is like to<br />

be a part of a live trial.<br />

After the trial, viewers witnessed a presentation<br />

offered by Lindsey Keenan, Esq.,<br />

an Assistant United States Attorney in the<br />

Southern District of New York and Julie<br />

Brown, a Special Agent at the Federal Bureau<br />

of Investigation. During this part of<br />

the day, AUSA Keenan and Special Agent<br />

Brown shared overviews of their specific<br />

professions and the many responsibilities<br />

their job positions require of them.<br />

AUSA Keenan has worked in the Criminal<br />

Division at the United States Attorney’s<br />

Office since 2018. She informed viewers<br />

that she prosecutes violations of federal<br />

law, which include various types of organized<br />

crime, fraud, and political corruption.<br />

Special Agent e Brown works with<br />

the Federal Bureau of Investigation to investigate<br />

federal crimes and enforce federal<br />

laws. She revealed that she obtains<br />

statements from witnesses and victims and<br />

analyzes records in order to discover more<br />

information about a particular case.<br />

AUSA Keenan and Special Agent Brown<br />

discussed that they were working on a trial<br />

together with a local Police Department<br />

regarding a hate crime that took place<br />

last year. Both presenters were able to give<br />

viewers an inside look into their expertise<br />

in law and share the duties of their profession<br />

that they carry out on a daily basis.<br />

In addition, Ms. Giannini, Ms. Scalise<br />

and Judge Smith shared what their roles<br />

are in the legal system; Ms. Giannini is a<br />

Plaintiff’s attorney in civil matters; Ms.<br />

Scalise is a defense attorney, and of<br />

course, Magistrate Judge Smith is a Judge!<br />

Next, the webcast presented a U.S. Courts<br />

Law Day video titled “The Courts and You:<br />

From Suffragist Sashes to Antiwar<br />

Armbands.” This video discussed the impacts<br />

that Virginia Minor and Mary Beth<br />

Tinker had on their communities and ultimately<br />

the U.S Constitution. Virginia Minor<br />

decided to sue when being turned<br />

away while trying to register to vote in a<br />

presidential election. The video also acknowledges<br />

Mary Beth Tinker, who sued<br />

the Des Moines Independent Community<br />

School District after believing her First<br />

Amendment rights were violated when encouraging<br />

others to wear black armbands<br />

to protest the Vietnam War. Both of these<br />

remarkable women advocated for real<br />

change in our country as they publicized<br />

inequality. Their efforts tested the limits of<br />

the law and influenced so many other<br />

women to follow in her footsteps to improve<br />

the legal system. The video’s main<br />

purpose is to show young people the real<br />

power they have to strengthen the country’s<br />

democracy and to inspire individuals to<br />

stand up for what they believe in, regardless<br />

of the possibility of a negative outcome.<br />

Finally, Magistrate Judge Smith, Ms.<br />

Scalise and <strong>WWBA</strong> President Giannini<br />

and Rye Neck Mock Trial Coach Marcella<br />

L. Scalise joined each other one last time<br />

to conclude the presentation. A number<br />

of thanks were shared with all those who<br />

made the day possible, such as Total<br />

Webcasting, Inc, who controlled the live<br />

webcast its entire duration. The <strong>WWBA</strong><br />

and The SDNY issued a Law Day proclamation<br />

to all participants and attendees,<br />

commemorating this year’s Law Day<br />

theme of “Your Vote, Your Voice, Our<br />

Democracy: the 19th Amendment at<br />

100.” providing the students, teachers,<br />

and parents a reminder of the importance<br />

of justice and law in our society.<br />

While this year’s Law Day <strong>2020</strong> occurred<br />

virtually under unusual circumstances,<br />

the event was still a great success.<br />

As a part of the Rye Neck Mock<br />

Trial Team, I enjoyed the experience which<br />

allowed students, teachers, and parents<br />

to come together to experience a day that<br />

celebrated legal professionals, who continue<br />

to promote and encourage justice<br />

and democracy. <strong>2020</strong>’s Law Day and the<br />

live webcast’s turnout was so positive, that<br />

it sparked an idea to not only host Law<br />

Day in the U.S. Court House in White<br />

Plains next year, but to stream the day<br />

virtually as well, as a way to advance this<br />

annual tradition by reaching more students.<br />

The day was a success!<br />

As <strong>WWBA</strong> Outreach Co-chairs, we<br />

want to thank the United States District<br />

Court in White Plains for supporting this<br />

program once again. We also thank<br />

<strong>WWBA</strong> President Angela Morcone<br />

Giannini and the entire <strong>WWBA</strong> for once<br />

again helping us to put on a Law Day<br />

program for the education of young<br />

people in our community. Finally, our<br />

sincerest thanks to the Rye Neck Mock<br />

Trial Team and their coach, Marcella<br />

Scalise, for their terrific presentation. ◗<br />

Tiana Colon is a Senior at Rye Neck High School.<br />

She is a Captain of the Mock Trial Team and has<br />

been a member of the team for four years. Ms.<br />

Colon will be attending Monmouth University in<br />

fall, where she plans to major in Psychology.<br />

Ms. Colon was to be a WISE intern at Scalise &<br />

Hamilton PC this spring but due to the Pandemic<br />

her internship was cancelled. Nonetheless, we are<br />

grateful that she took time out of her studies for<br />

AP exams to write this article.<br />

Page 14<br />

Westchester Women’s Bar Association News


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SDNY Hosts Virtual Celebration Honoring<br />

the Hon. Lisa M. Smith<br />

from page 13<br />

the only woman judge there.<br />

That continued until 1996,<br />

when the Hon. Barbara Jones<br />

did a brief rotation of about a<br />

year in White Plains, and then<br />

in 1998 when Colleen<br />

McMahon joined me in White<br />

Plains, until 2007. Our amazing<br />

MC this evening, District<br />

Judge the Hon. Cathy Seibel,<br />

joined me in White Plains in<br />

2008, again helping the gender<br />

balance that was subsequently<br />

improved when the<br />

Hon. Judith McCarthy succeeded<br />

George Yanthis as the<br />

third Magistrate Judge in White<br />

Plains in 2014. I am blessed to<br />

have amazing colleagues, beginning<br />

with my two incomparable<br />

Magistrate Judge colleagues<br />

currently in White<br />

Plains, continuing through our<br />

District Judges, Cathy Seibel,<br />

the inestimable Vince Briccetti,<br />

from whom you also heard, Ken<br />

Karas, Nelson Roman, and,<br />

soon to be installed in White<br />

Plains, Phil Halpern, along with<br />

all the other District Judges who<br />

served in White Plains before<br />

them, all of whom helped me<br />

along the way, and I thank them<br />

all.<br />

Of course, my Magistrate<br />

Judge colleagues throughout<br />

the District, both past and current,<br />

are an amazing group,<br />

the intelligence and work ethic<br />

of every single one is beyond<br />

compare; as a group we have<br />

continued to work together<br />

seamlessly, supporting each<br />

other at every turn, throughout<br />

my 25 years. I thank them all,<br />

from the bottom of my heart.<br />

I could not have done this<br />

job without having had the support<br />

of my Chambers Family,<br />

starting with my first Courtroom<br />

Deputy, Jim Galvin, who supported<br />

me in every way for 15<br />

years, until his retirement. Each<br />

and every law clerk has been<br />

not only an intelligent and talented<br />

lawyer, but everyone has<br />

been a wonderful human being.<br />

I am truly honored to be<br />

able to call each one my<br />

friend, I only hope they benefitted<br />

from their time in Chambers<br />

as much as I benefitted<br />

from having them there.<br />

I also extend thanks to all<br />

of the attorneys who have appeared<br />

before me during my<br />

25 years, you have heard from<br />

Perry Carbone and Suzanne<br />

Brody, excellent attorneys both,<br />

I will say that I have held both<br />

sides to a very high standard,<br />

and with few exceptions they<br />

have met that standard. Their<br />

excellent work has helped to<br />

make this job a joy.<br />

As you could see from the<br />

presentation prepared by my<br />

good friend Deb Scalise, I have<br />

also had the support of the<br />

Westchester Women’s Bar Association.<br />

They supported my<br />

application to become a Magistrate<br />

Judge, they have supported<br />

and applauded me at<br />

every turn since, and I am<br />

proud to hold the position of<br />

President of the <strong>WWBA</strong> this<br />

year. I am grateful for everything<br />

they have done for me.<br />

I should also thank all of<br />

my friends from every part of<br />

my life, many of whom are with<br />

us this evening, including the<br />

most enduring of my friends,<br />

Judy Evans Johnson, we were<br />

born 3 days apart in the<br />

Hamilton Community Memorial<br />

Hospital, and we have been<br />

friends ever since. To all my<br />

friends, thank you for your<br />

friendship.<br />

My immediate family also<br />

deserves a word of thanks. To<br />

my late parents, the Reverend<br />

Dr. Robert Smith and Dr.<br />

Rosalind Smith, I give them all<br />

the credit for raising me, along<br />

with my sister Debby, who is a<br />

retired teacher, and my brother<br />

Brian, who is a public interest<br />

lawyer, and instilling in us the<br />

knowledge that education was<br />

the gateway to whatever we<br />

wanted to pursue. My sister<br />

and brother have also supported<br />

me every step of the<br />

way, as has our stepmother, Dr.<br />

Joyce Irwin, and I love them for<br />

it. I also want to thank the rest<br />

of my extended family.<br />

To my children, J.T. and<br />

Kinsey, you are the lights of my<br />

life. I believe and hope that I<br />

raised you to be strong and independent,<br />

and to speak your<br />

minds when necessary. I am<br />

so proud of you.<br />

Finally, to my dear husband,<br />

Bill Bowen, who is seated<br />

here beside me, I cannot possibly<br />

express how much his love<br />

and support have meant to me<br />

over the years. He is my best<br />

friend, and my rock, without him<br />

I could never have done this<br />

job or any of the other things I<br />

have accomplished. I am ever<br />

grateful that I have him by my<br />

side as I move into retirement.<br />

Thank you all for being<br />

here, and for your many<br />

kindnesses and support over<br />

the years. I look forward to seeing<br />

each of you in person one<br />

of these days, when it becomes<br />

safe. I have been truly blessed<br />

to have this job, and to work in<br />

the White Plains Courthouse,<br />

for more than 25 years. Thank<br />

you all.<br />

The virtual attendees gave<br />

Judge Smith a virtual ovation<br />

and wished her well. It was a<br />

wonderful evening. Needless to<br />

say, the <strong>WWBA</strong> is grateful that<br />

the Hon. Lisa Margaret Smith<br />

chose to spend her “retirement”<br />

as President of the <strong>WWBA</strong>. We<br />

look forward to joining her to<br />

celebrate the <strong>WWBA</strong>’s 45th Anniversary<br />

this year. ◗<br />

Westchester County Domestic<br />

Violence High Risk Team<br />

from page 8<br />

more likely to obtain services than if they were simply given a<br />

phone number to call at some later time, thereby reducing the<br />

likelihood of being killed.<br />

Legal service providers on the team will then assist victims in a<br />

range of civil family law matters including child custody and<br />

support, immigration assistance and obtaining orders of protection,<br />

while the District Attorney’s Office and Probation will work<br />

with victims to ensure offender accountability.<br />

What does the Westchester County Domestic Violence High<br />

Risk Team hope to accomplish?<br />

Through a coordinated response and trauma informed intervention,<br />

the Westchester County Domestic Violence High Risk<br />

team is hopeful that their multi- agency approach will save lives.<br />

The goal is that this model will ultimately expand statewide and<br />

by doing, so will honor those lives lost as a result of domestic<br />

violence. ◗<br />

Westchester Women’s Bar Association News<br />

Page 15


Chapter News and Announcements<br />

Announcements & Notes on Members<br />

❑ On September 15, <strong>2020</strong>, the Real Property Committee hosted its annual kickoff<br />

meeting via Zoom. Although Covid has presented many real estate challenges,<br />

hosting our committee meetings via Zoom allows busy practitioners the<br />

opportunity to connect with each other and learn practice tips with minimum time<br />

commitment. Our guest speaker was our own committee member, Jean Par<br />

ar-<br />

tridge, Chief Counsel and Managing Member of Benchmark Title Agency, LLC,<br />

and President of the New York State Land Title Association. Jean answered the<br />

committee’s questions regarding title issues ranging from benefits of obtaining a<br />

new survey, what should be shown on a survey, options when an encroachment<br />

or “out of possession” is shown on a survey, marketability of title, and what is<br />

(and is not) covered by standard title policies. The Real Property Committee<br />

welcomes new members, whether you practice real estate law full time or would<br />

just like a better understanding of the area of practice.<br />

It’s a great opportunity to learn, collaborate<br />

and problem solve. Please join us at our next Zoom<br />

meeting on November 11th at 1:00 pm. Contact<br />

Anne Aicher at aaicher@hollislaidlaw.com for a<br />

Zoom invitation.<br />

❑ Susan L. . Pollet<br />

ollet, former <strong>WWBA</strong> President, published<br />

her third novel, entitled “Women in Crisis:<br />

Stories From the Edge.” Each chapter is the story of<br />

a different woman, speaking with her psychiatrist,<br />

about important issues which impact upon all women<br />

and the men who care about them. It is available<br />

on Amazon. https://www.amazon.com/dp/<br />

1952570492. ◗<br />

Become a New<br />

Member Today<br />

RENEW YOUR<br />

<strong>WWBA</strong> MEMBERSHIP TODAY<br />

FOR THE PERIOD<br />

JUNE 1, <strong>2020</strong> TO MAY 31, 2021.<br />

RENEW NOW! DON’T WAIT!<br />

<strong>WWBA</strong> Membership includes<br />

membership to the Women’s Bar<br />

Association of the State of New York<br />

(WBASNY).<br />

January 31, 2021 is the closing date in<br />

order to count the <strong>WWBA</strong> members<br />

towards our certification to WBASNY and<br />

assure our number of delegates.<br />

Renewing before this date will allow our<br />

Westchester Chapter (<strong>WWBA</strong>) to continue<br />

to be a strong presence in our statewide<br />

organization (WBASNY) while you will<br />

enjoy its many benefits, events,<br />

newsletter and CLE programming.<br />

The Show will Go On!!<br />

<strong>WWBA</strong> Holiday Party to Take Place on<br />

Saturday, November 28, <strong>2020</strong><br />

This year’s Holiday Party will be virtual and will be like nothing we have<br />

ever done before. Our Party will be on Saturday, November 28 – Small<br />

Business Saturday.<br />

We will offer an all-day Zoom virtual shopping boutique! Many of our<br />

favorite vendors from prior years will be back, and one or two newcomers<br />

who I know you’ll love. Each vendor will get 30 minutes to show you their<br />

wares; you will already have in your possession a list of vendors, their<br />

contact information, and their time slots. You see, you like, you buy directly<br />

from the vendor . . . all from the comfort of home! One of the 30-minute<br />

slots will go the Westchester Women’s Bar Association Foundation, which<br />

will sell their cards as always….and they are planning a special half-our<br />

CLE as well. I won’t steal their thunder by giving it away, but I promise it will<br />

be a lot of fun.<br />

The whole thing will be hosted by yours truly, Dolores “Jerry Lewis”<br />

Gebhardt! We want this to be a big success, so plan to spend the day in<br />

your sweatpants while you safely shop for the holidays, and pick up half a<br />

CLE credit as well!” ◗<br />

Hélène Côté, Sherry A. Bishko,<br />

Elisabeth Campos<br />

It is easy to renew by going to the<br />

<strong>WWBA</strong> Website at www.<strong>WWBA</strong>NY.org.<br />

You can use a credit card or<br />

PayPal to make payment.<br />

Page 16<br />

Westchester Women’s Bar Association News


○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○<br />

Westchester Women’s Bar Association New Members<br />

The Westchester Women’s Bar Association proudly welcomes our newest members:<br />

TO PROTECT THE PRIVACY OF OUR MEMBERS,<br />

THIS INFORMATION IS AVAILABLE TO MEMBERS OF THE <strong>WWBA</strong> ONLY.<br />

President’s Message<br />

from page 12<br />

to work, and to continue my duties with <strong>WWBA</strong>. I have not had<br />

nausea or diarrhea, two of the most likely side effects (in<br />

fact, because I am quite contrary, I have had to deal with<br />

constipation rather than diarrhea). I do suffer from anxiety,<br />

though of course the pandemic, solitude, and preparing<br />

for retirement all add to that (by the way, retirement was<br />

planned a full year ago and was not the result of this diagnosis).<br />

I have not had medication by infusion, or faced<br />

losing my hair, though I know that if the current medication<br />

regime is not successful I may have to move to that. I will<br />

have a scan in <strong>October</strong> that should reveal whether the cancer<br />

is responding to this medication - the goal is to stop the<br />

spread of the cancer without having terrible side effects.<br />

Ideal would be if it causes the cancer to regress - but the<br />

truth is, it will not go away. I will not beat this. I will delay<br />

it, and I will live every day until I no longer can, and that<br />

day may be many years away, but I do not pretend that it<br />

will disappear. I am trying to be both an optimist and a<br />

realist, and to keep putting one foot in front of the other. In<br />

that, I have a victory.<br />

Dear friends, I am sharing this with you not because I<br />

want your pity. As of now I do not need meals delivered<br />

and I am capable of driving; my treatment is not disabling.<br />

I will say that prayers are appreciated, and positive vibes if<br />

you are more comfortable with that. I do tell you this story<br />

because I want each of you who has gone through this<br />

challenge, or who is going through this challenge, or who<br />

will go through this challenge, to know that you are not<br />

alone. This message also goes to our male members and<br />

friends, because breast cancer also affects men, as pa-<br />

“If you are afraid, or if you need a<br />

friend to go with you to the doctor,<br />

or if you just need to talk, whether<br />

or not you have been diagnosed with<br />

breast cancer, please reach out to<br />

me . . . If you are moved to try to<br />

do something about this horrible<br />

disease, then please donate to the<br />

American Cancer Society . . . ”<br />

tients, as caregivers, as spouses, as sons, as fathers, as<br />

brothers, and as friends. If you are afraid, or if you need a<br />

friend to go with you to the doctor, or if you just need to<br />

talk, whether or not you have been diagnosed with breast<br />

cancer, please reach out to me at<br />

lisamsmith@rocketmail.com.<br />

If you are moved to try to do something about this horrible<br />

disease, then please donate to the American Cancer<br />

Society, through Team Orbach, for our Breast Cancer Walk,<br />

scheduled virtually for <strong>October</strong> 18, <strong>2020</strong>. I assure you that<br />

I will be walking, in my own neighborhood, and wearing a<br />

mask. You can find Team Orbach to donate or to sign up<br />

to walk, or both, at https://secure.acsevents.org/site/<br />

STR?fr_id=97723&pg=team&team_id=2554957, or sign<br />

in on the weekly <strong>WWBA</strong> events email.<br />

If you are unable to donate, then please join our team<br />

and walk. Together we can beat this. Please help us do it<br />

sooner, rather than later. ◗<br />

Westchester Women’s Bar Association News<br />

Page 17


<strong>WWBA</strong> Schedule of Upcoming Events<br />

COMMITTEE DATE/TIME PLACE TOPIC RSVP (also online at www.wwbany.org)<br />

Board of Directors Meeting 10/7/20<br />

5:30-7:30 pm<br />

<strong>WWBA</strong>-American Cancer 10/18/20<br />

Society Walk<br />

9:00-12:00 pm<br />

Education Committee,<br />

Diversity; Children, Families<br />

& the Courts; & Immigration<br />

Committees<br />

Employment Law<br />

Committee<br />

<strong>WWBA</strong> & The Pace<br />

Women’s Justice Center<br />

10/21/20<br />

12:00-1:30 pm<br />

10/27/20<br />

12:30 pm<br />

10/28/20<br />

6:30-8:30 pm<br />

Zoom<br />

Manhattanville College,<br />

Purchase, NY<br />

Zoom link will be sent<br />

prior to the start time to<br />

all registrants<br />

Zoom<br />

Zoom<br />

Making Strides Against<br />

Breast Cancer-Team<br />

Orbach<br />

Immigration Students:<br />

Their Legal Rights,<br />

Challenges, and Needs<br />

in the Public Schools. A<br />

primer for attorneys,<br />

practioners, and<br />

interested community<br />

members.<br />

Peer group discussion<br />

focused on employer<br />

and employee concerns<br />

related to Covid-19.<br />

Demystifying the Role<br />

of the Attorney for the<br />

Child<br />

$20 for members and<br />

non-members<br />

2 Credits: 1.5 in<br />

Professional Practice<br />

and .5 in Ethics<br />

For more information go to<br />

www.wwbany.org<br />

Please RSVP by 10/20 at 5:00 p.m.<br />

online at www.wwbany.org or<br />

email<br />

executivedirector@wwbany.org<br />

To receive the Zoom link members<br />

can RSVP to<br />

kberg@gouldberglaw.com<br />

RSVP by 10/26 online at<br />

www.wwbany.org or email<br />

executivedirector@wwbany.org<br />

<strong>WWBA</strong> is a chapter of WBASNY, which is an approved provider of CLE credit. Full and partial scholarships for CLE programs based<br />

on financial need are available. For information on the guidelines and procedures for applying, please contact the person running<br />

the program. All requests are strictly confidential. All programs are for transitional credit unless the program states otherwise.<br />

Unless otherwise indicated, events are for <strong>WWBA</strong> members and invited guests only.<br />

The opinions expressed by any program presenter are the presenter’s own, and do not reflect<br />

the official position of the <strong>WWBA</strong>.<br />

REMEMBER, YOU CAN FIND THE WBASNY WEB PAGE<br />

AT WWW.WBASNY.ORG.<br />

PLEASE REMEMBER TO RECYCLE<br />

Connect<br />

with<br />

us<br />

THE <strong>WWBA</strong> MEMBERSHIP PERIOD FOR<br />

<strong>2020</strong>-2021 BEGINS ON JUNE 1, <strong>2020</strong>.<br />

PLEASE RENEW YOUR MEMBERSHIP TOD<br />

ODAY AT<br />

WWW.<strong>WWBA</strong>NY<br />

.<strong>WWBA</strong>NY.ORG<br />

.ORG

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