THE PUERTO RICAN BAR ASSOCIATION

invites you to a


Hispanic Heritage Month Kick-Off Fundraiser


IT'S TIME TO TAKE OUT YOUR DANCING SHOES...

CELEBRATE NUESTRA CULTURA!

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NYCLA's Criminal Justice Section Cocktail Reception

Monday, September 13, 2010
6:00 - 8:00 PM

Celebrates the publication of the first edition of the New York County Criminal Courts Manual

Guest Speaker
Hon. Michael J. Obus
Administrative Judge for Criminal Matters, New York County

The Manual, produced by members of NYCLA's Criminal Justice Section, is a valuable tool for attorneys practicing criminal law in Manhattan. Proceeds from sales of the Manual,
which costs $50 for NYCLA members and $100 for nonmembers, help underwrite the Criminal Justice Section's annual Public Service Fellowship Essay Competition.

Place
Woolworth Tower Kitchen
233 Broadway
(across the street from City Hall Park)

Admission
$30 includes hors d'oeuvres; cash bar (happy hour prices)
Proceeds from the cocktail reception will help underwrite the Public Service Fellowship Essay Competition. For reservations, send a check, made payable to the Criminal Justice Section,
to: NYCLA Criminal Justice Section, 14 Vesey Street, New York, NY 10007. If you cannot attend the reception but would like to make a donation to the Public Service Fellowship Essay Competition, send a check, made payable to the NYCLA Foundation, to the address above or visit the NYCLA Foundation page.

Posted by Lucas A. Ferrara, Esq. at 5:00 PM | Permalink | TrackBacks (0) | Comments (0)

Dear Colleague,

Sincerely,

 

Doug Dunham

Lynn Neils

Lawyers Committee for Kathleen Rice

 

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The Columbian Lawyers Association is hosting its annual Judges' Night Dinner on Wednesday, September 15, 2010.

The ticket price (per person) is $135.

For additional information, call 212-245-5822.

Posted by Lucas A. Ferrara, Esq. at 6:00 PM | Permalink | TrackBacks (0) | Comments (0)

2011 Thurgood Marshall Award
Call for Nominations!

The deadline to submit nomination materials is:

FRIDAY, OCTOBER 1, 2010

Click here to download the 2011 Nomination Form
Click here for more information about the award

** All nominations materials must be submitted electronically to irr@abanet.org **

If you would like additional information, please call the Section office at 202/662-1030.

American Bar Association | 321 N Clark | Chicago, IL 60654 | 1-800-285-2221

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ATTORNEY GENERAL CUOMO SHUTS DOWN SEVEN COMPANIES FOR PROVIDING FRAUDULENT LEGAL SERVICES TO IMMIGRANT COMMUNITIES

Files Two Additional Lawsuits against Companies for Defrauding Thousands of Immigrants

Latest Stages of Cuomo's Ongoing Immigration Fraud Investigation

Yesterday, Attorney General Andrew M. Cuomo announced the latest actions in his ongoing effort to combat scams that target New York's immigrant communities. As part of his broad investigation into immigration fraud, Cuomo has shut down seven companies and sued two other organizations for providing fraudulent legal services to immigrants.

The following seven companies and their owners have been permanently barred from operating any immigration services businesses and must collectively pay $370,000 in damages to the State of New York: (1) Centro Santa Ana, Inc. and Ana Lucia Baquero, in Queens; (2) Margo's Immigration Services and Margarita Davidov a/k/a Margo Davidov, in Queens; (3) Miguel Fittipaldi, J.D., Ltd. and Miguel Fittipaldi, in Manhattan; (4) Arthur C. Hurwitz, in Manhattan; (5) Oficina Legal Para Hispanos, P.C. and Geoffrey S. Stewart, in Manhattan; (6) Asilos and Camilo Perdomo, in Queens; and (7) Mision Hispana, Inc. and Mayra Liz, in Queens.

The Attorney General began an investigation and issued subpoenas to these companies after receiving information that they were engaged in fraudulent and illegal business practices. The illegal conduct included, among other things, misrepresenting their authorization to submit documents on behalf of immigrants to the government and giving legal advice to immigrants. Further, some of these companies involved attorneys who aided others in the unauthorized practice of the law and simply lent their name to provide legitimacy to the business. Collectively, these companies abused hundreds of immigrants.

"These companies took money from immigrants by promising to provide services that they could not deliver," said Attorney General Cuomo. "The fraudulent practices of these companies caused innocent people to face problems with their immigration status, even deportation. My office will continue to go after companies and individuals that defraud and abuse New York's immigrant communities."

As a result of the settlements with the Attorney General's office, these companies are also required to notify all former and current clients in writing that they are no longer providing any immigration-related services and must submit quarterly reports to the Attorney General of any complaints from the public. Complainants may be eligible for restitution for using these fraudulent businesses.

The Attorney General's office will coordinate with several New York legal associations to help handle the companies' existing cases and to protect innocent victims.

LAWSUITS AGAINST OTHER FRAUDULENT IMMIGRATION SERVICES COMPANIES

In a separate action, Cuomo filed two lawsuits against other organizations that are providing fraudulent legal services to immigrants.

The first lawsuit is against four companies that have been illegally providing unauthorized legal services to immigrants. The lawsuits were filed today in New York State Supreme Court against: Inmigración Hoy, Inmigración Hoy News Today, Forensic Immigration Law, and Inmigración Accounting Service, which are all controlled by Edwin Rivera in the Bronx. These companies all offered legal counsel to immigrants without being licensed attorneys or having the proper accreditation. In thousands of cases across New York City and Long Island, these companies gave unlicensed legal advice and unlawfully filed immigration petitions with the United States Citizenship and Immigration Services on behalf of immigrants and their families, jeopardizing their efforts to achieve legal status. Further, the companies failed to provide consumers with written contracts in both the consumer's native language and English, as required by law.

Today the Attorney General also filed a lawsuit against Thomas N. Toscano, a lawyer in Queens who worked with non-lawyers to illegally provide legal services to immigrants. Toscano failed to supervise his non-attorney employees and allowed them to operate a law office out of their home where non-attorney employees met with clients on immigration cases. Toscano advertised as an immigration attorney but had cases handled by his non-attorney employees, who often provided legal advice. Clients never got an opportunity to discuss their cases with an actual attorney admitted to practice law, and many immigration applications were later denied by immigration authorities.

The lawsuits seek to permanently bar the companies and their owners from providing immigration-related services in the future and seek penalties for these actions.

Chung-Wha Hong, Executive Director of the New York Immigration Coalition, said, "New York is celebrated throughout the world as a place of opportunity for all, and any company that lines its pockets by defrauding immigrants has no place in our city or our state. We applaud Attorney General Cuomo for his continued work to shut down fraudulent companies and stand up for New York's immigrant communities."

Jason Abrams, Chair of the Committee on the Unauthorized Practice of Law for the American Immigration Lawyers Association in New York, said, "Immigrants and their families can be subject to irreparable harm from unscrupulous individuals and fraudulent companies. The cost of this abuse is not just measured in dollars, but in torn families, stolen opportunities, and heartache. We are proud that Attorney General Cuomo is leading the way to shut down scams that prey on immigrants and we look forward to continuing to work with him to protect these vulnerable New Yorkers."

BACKGROUND INFORMATION

The illegal actions of fraudulent immigration services organizations have disastrous consequences on immigrant communities. In addition to being forced to pay substantial fees, victims and their families are put at risk of suffering permanent damage as a result of receiving incorrect immigration-related legal advice. Individuals who followed the advice of fraudulent organizations have been subject to deportation due to inadequate or negligent legal representation.

Under state and federal law, only lawyers or accredited representatives can represent individuals before immigration authorities. Under New York State law, it is unlawful to mislead or defraud any person in immigration-related services. New York law also requires anyone providing immigration services to comply with advertising, signage, and surety requirements, and to give consumers written contracts in both the consumer's native language and English that detail their services and cancellation policy. Further, it is illegal for not-for-profit immigrant service providers to charge excessive fees for services; the services must be provided free of charge or at a very nominal rate.

Today's action is the latest stage of Attorney General Cuomo's ongoing efforts to protect immigrants and their families from being targeted by fraudulent immigration services in New York. Other actions include:

• In July 2010, the Attorney General obtained a judgment of over $6.25 million against Immigration Community Service Corporation and its owner Vincent I. Gonzalez of Manhattan for engaging in the unauthorized practice of the law and defrauding thousands of immigrants who used their services for filing immigration applications with the federal government.
• In June 2010, the Attorney General sued several organizations and their principals - Chay Pa Lou Community Center, Inc.; Delegue Tax Consultant, Inc.; Jean Michel; Rincher's Bookstore a/k/a Rincher Associates, Inc. a/k/a Rincher Associates & Bookstore a/k/a Rincher's Multi Services; Haitian American Entrepreneur's Group, LLC a/k/a Delrin Associates, LLC; Deslande Rincher a/k/a Dislande Rincher; and Sharlene M. Seixas-Rincher - for defrauding Haitian nationals of thousands of dollars by illegally providing immigration services they were not authorized to provide and by misrepresenting a new law that granted special status to certain immigrants. These organizations targeted Haitian nationals who were recently affected by the devastating January 2010 earthquake in Haiti. The cases are currently pending in the New York Supreme Court.
• In April 2010, the Attorney General shut down American Immigrants Federation for defrauding immigrants with false promises of citizenship, engaging in the unauthorized practice of law, and illegally charging exorbitant fees for services. The organization, its president Estela Figueredo, and its affiliates had to shut down all of their operations and pay $1.2 million for restitution to victims.
• In March 2010, the Attorney General obtained a $3 million court judgment against a Queens County individual, Miriam Hernandez, for defrauding immigrants by claiming that she could help them gain citizenship.
• In January 2010, the Attorney General sued and obtained a temporary restraining order against International Immigrants Foundation, International Professional Association, and their President Edward Juarez for engaging in fraud and the unauthorized practice of law. The case is currently pending in the New York State Supreme Court.
• In August 2009, the Attorney General shut down three companies - Immigration Solutions and Systems, Inc. and its owner Mary DiSerio of Manhattan; Alisandra Multiservices, Inc. and its owner Sandra A. Peguero of Brentwood, Long Island; and All Immigration Services and its owners Ruth A. Shalom and Isaac Shalom of Great Neck, Long Island - for providing unauthorized and fraudulent legal services to immigrant communities and required them to pay full restitution to all victims. The companies were required to pay more than $100,000 in penalties and were permanently prohibited from operating immigration services businesses.
• In August 2009, the Attorney General sued Professional Solutions Consultants (d/b/a Reliable Clerical Services and Reliable Immigration Services) and its owner Clover A. Perez, located in Queens, for providing unauthorized and fraudulent legal services to immigrant communities and is seeking injunctive relief, restitution, and penalties. The case is currently pending in the New York Supreme Court.

The cases are being handled by Assistant Attorneys General Sandra Abeles and Vilda Vera Mayuga and Assistant Deputy Counselor Elizabeth De León, with the assistance of Assistant Attorney General-in-Charge of the Harlem Regional Office Guy Mitchell and Investigators John McManus and Angel Laporte, under the supervision of Special Deputy Attorney General for Civil Rights Alphonso B. David and Chief Counsel for Civil Rights Spencer Freedman.

If you have been a victim of immigration assistance fraud, please contact the Attorney General's Immigration Services Fraud Unit Hotline at (866) 390-2992 or visit www.ag.ny.gov.

Attachment:

• AOD - Margarita Davidov
• AOD - Camilo Perdomo
• AOD - Arthur C. Hurwitz
• AOD - Mayra Liz and Mision Hispana, Inc.
• AOD - Miguel Fittipaldi
• AOD - Oficina Legal Para Hispanos, P.C. and Geoffrey S. Stewart.pdf

Posted by Lucas A. Ferrara, Esq. at 10:00 AM | Permalink | TrackBacks (0) | Comments (0)

Statement from Governor David A. Paterson on the Confirmation of Elena Kagan to the Supreme Court

"On behalf of all New Yorkers, I would like to extend congratulations to New York native Elena Kagan on her confirmation as the 112th Justice of the Supreme Court of the United States. Throughout Ms. Kagan's remarkable career she has demonstrated great leadership, integrity and intelligence, and these qualities will continue to serve her well on our nation's highest court. I commend President Obama for nominating Ms. Kagan, whose devotion to the American judicial system and commitment to public service has earned her respect and admiration from both sides of the political aisle."

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After arbitrating a fee dispute brought against a client and receiving the panel's determination, R. Kenneth Jewell filed a case with the New York Civil Court seeking to have the outcome overturned.

When that request was denied, Jewell appealed to the Appellate Term, First Department, which refused to disturb the outcome.

In addition to improperly serving his client with the necessary paperwork, the AT1 was of the view Jewell was required, by the terms of his retainer agreement, to accept whatever decision the arbitrators reached.

That was far from precious.

To view a copy of the Appellate Term's decision, please use this link: Jewell v. Iyer

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Elan Keller, an in-house attorney for Loews Corporation, filed suit alleging that he had been wrongfully terminated and that he was a victim of religious discrimination.

Loews Corporation countered that Keller breached a fiduciary duty owed to his former employer by disclosing confidential information in his complaint.

After the New York County Supreme Court dismissed Loews' counterclaim, on the grounds that no duty was breached, the company appealed.

Since Keller's obligation to protect his client's confidences and secrets continued even after he was fired, the Appellate Division, First Department, reinstated the company's counterclaim.

Talk about highs and Loews!

To view a copy of the Appellate Division's decision, please use this link: Keller v. Loews Corp.

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Michael J. Asta * Adam Leitman Bailey * Hon. Martin Connor * Jon R. Del Giorno * Hon. Jerry H. Goldfeder * Mark I. Goldstein * Rena S. Goldstein * Robert D. Goldstein * J.J. Kelley * Richard A. Klass * Darren Marks * Vincent S. Pitta * Dennis Quirk * Raymond Radow * Mendy Sokol * Alex Tisch * Evan Youngerman * Adrian Zuckerman

And Host Adam Silvera

Invite you to a reception in support of

Judge David Cohen

Candidate for Manhattan Civil Court, County Wide Vacancy #4

Tuesday, August 3, 2010,  6:00 - 7:30 p.m.

At the offices of Weitz, Kleinick & Weitz

The Woolworth Building, 233 Broadway, 5^th floor, NYC

(between Park Place & Barclay Street)

For further information or to RSVP, please contact

Cindy Darrison (cdarrison@darrisonbarrett.com) or Francheska Rodriguez (frodriguez@darrisonbarrett.com) at 212-228-5222.

Each contribution must be accompanied by a completed contribution form.

ELECT JUDGE DAVID COHEN

Tuesday, August 3^rd Reception • 6:00 - 7:30 pm

at the offices of Weitz, Kleinick & Weitz, 233 Broadway, 5^th floor, NYC 

____I/we will join you on Tuesday, August 3^rd and have enclosed a contribution of:

___$10,000   ___$5,000   ___$2,500   ___$1,000   ___$750   ___$500   ___$250   ___Other:$_________

for the following guest(s):___________________________________________________________

____I/we can't join you on August 3^rd but have enclosed a contribution of $____________

This contribution is from a [] Personal   [] Partnership  [] LLC  [] Corporate  [] PAC account.

*See campaign contribution limits and guidelines below.

For compliance with NYS Election Law & internal vetting procedures, please provide the following information:

First Name: __________________Last Name: __________________________________

Address: _____________________________________________________________________________

City: __________________________________________  State: __________  

Zip: __________________

To help us better communicate with you, please provide the following information:

Phone: ________________________ Fax: ______________________________ 

E-mail: ____________________________________________________________________________________

Please Note:  Each contribution must be accompanied by a completed contribution form.

Please make checks payable to

Elect Judge David Cohen

and mail with this form to:

Elect Judge David Cohen

c/o Darrison Barrett & Associates, LLC

120 Broadway, Suite 3300

New York, NY 10271

* Contributions are not tax-deductible.  The contribution limits for the 2010 County Wide elections are as follows: 

Individuals & all other non-corporate entities: $36,000 for primary election and $50,000 for general election. 

Corporations: $5,000 per calendar year (subject to NYS aggregate limits for corporate contributions). 

For further information or to RSVP, please contact

Cindy Darrison (cdarrison@darrisonbarrett.com) or Francheska Rodriguez (frodriguez@darrisonbarrett.com) at 212-228-5222.

# # #

A longtime New Yorker, Judge Cohen has dedicated his career to public service.  Currently serving as a Judge of the New York City Housing Court, Judge Cohen has spent thirteen years working in all three branches of New York State government.

After starting his career as a legislative associate for New York State Assembly Speaker Sheldon Silver, then Chairman of the Ways and Means Committee, Judge Cohen worked for seven years in New York Supreme Court as Court Attorney to Justice Richard Lee Price.

In 2000, then New York State Attorney General Eliot Spitzer appointed Judge Cohen to serve as Assistant Attorney General in the Litigation Bureau. In that capacity, Judge Cohen defended the rights of the Governor of the State of New York, as well as many other state employees and agencies in both federal and state courts.

In 2004, Judge Cohen was appointed by the Chief Administrative Judge of the Courts of the State of New York, Hon. Jonathan Lippman, to the Civil Court of the City of New York as a Judge of the Housing Part. Since then, Judge Cohen has worked tirelessly to ensure that all matters before him are handled with compassion and dedication. Judge Cohen's work as a Judge of the Housing Court has re-enforced his belief that a judge is required to have a broad and deep understanding of the community and the issues before the Court in order to best serve the interest of justice. Since joining the Housing Court, Judge Cohen has had thousands of litigants appear before him.

Judge Cohen works hard to give back to the community. As a volunteer with the Volunteer Lawyers Project, Judge Cohen provided pro-bono assistance to tenants facing eviction proceedings in Housing Court and has also served as a volunteer arbitrator in Small Claims Court. As a longtime member of the Law-Related Education Committee, Judge Cohen reaches out to youth throughout the city, engaging young students in the law. Judge Cohen regularly coaches a team competing in the New York State High School Mock Trial Competition. These mock trials provide young adults with an empowering experience, which leaves them with skills and knowledge that are invaluable to them throughout their lives. As a Judge of the Housing Court, Judge Cohen initiated a proposal that would help alleviate the shortage of guardians ad litem, who stand in for severely disabled litigants, providing an essential service to them in their court proceedings.

Judge Cohen graduated from Yeshiva University in New York City with a Bachelor of the Arts in Computer Science, and the Benjamin N. Cardozo School of Law with a Juris Doctor. At Cardozo, Judge Cohen served as the Entertainment Competition Editor of the Moot Court Honor Society. Judge Cohen is a member of the New York County Lawyers' Association, the New York State Bar Association, The Association of the Bar of the City of New York, the Jewish Lawyers Guild, the Association of Small Claims Arbitrators and has served on the Twelfth Judicial District Gender Bias Committee.

Judge Cohen currently resides on the Lower East Side of Manhattan with his wife Gila, and two children, Sarah and Maximilian.

Posted by Lucas A. Ferrara, Esq. at 6:00 PM | Permalink | TrackBacks (0) | Comments (0)

I am pleased to announce that on August 1, 2010, I will establish my own law practice, Joshua Stein PLLC, limited to commercial real estate law.  I will continue to represent clients in most areas of commercial real estate law, including loan enforcement, workout, resolution, origination, and modification; ground leases; space leases and subleases; acquisitions and sales; joint ventures; hotel transactions; and development.

I have also always enjoyed working on special projects for other attorneys, sometimes in the nature of consulting and often based on issues I have explored in my books, articles, and speaking.  In my new practice, I will welcome more assignments of this type, such as:

·         Expert witness engagements, including related consultation;

·         Acting as a neutral third party for dispute resolution, either informally or through the American Arbitration Association, which recently added me to its roster of neutrals;

·         Ground lease review (particularly for financeability issues) and repair;

·         Strategizing and framing issues and arguments for appellate and other litigation;

·         Receivership and similar assignments (my name appears on the Part 36 list);

·         Local counsel work for California and New York, including issuing opinions; and

·         Providing another pair of experienced eyes to help deal with problems and issues.

Please keep me in mind not only for special assignments like these, but also for referrals for any other commercial real estate matter.  Please rest assured that every referral will be handled professionally and in a way intended to return an appreciative client back to you.

I have leased my own space on East 54^th Street and have installed technology so I can deliver service that meets the highest standards of the profession.  I have a couple of extra offices, which I plan to fill quickly, so I'd be happy to receive resumes from potential attorneys, paralegals, or other staff members.

As I undertake this adventure, in addition to continuing to write and speak, I may offer formal fee-based accredited CLE programs on commercial real estate law and practice for law firms and law departments.  If you might be interested in such a program, please let me know.  If I see a reasonable level of interest, I will explore this idea.  If not, I am sure I will find other things to do.

I invite you to visit my website, www.joshuastein.com, for more information on my practice and to view some of my articles and completed matters.  I will soon add a blog with thoughts on commercial real estate, financial markets, and other topics.  You can sign up on my website to receive updates.

In the meantime, I look forward to hearing from you.  Thank you for your friendship and support over the years.

Joshua Stein

JOSHUA STEIN PLLC
59 East 54th Street, Suite 22
New York, NY  10022
(212) 688-3300
joshua@joshuastein.com
www.joshuastein.com

Posted by Lucas A. Ferrara, Esq. at 12:30 PM | Permalink | TrackBacks (0) | Comments (0)

Free Monthly Legal Clinic for Tenants

I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with eviction, or is refusing to make necessary repairs, and you can't afford to hire a lawyer, come consult one of our volunteer attorneys.

The clinic is held the first Monday of every month at 1233 Second Avenue (between East 64th and 65th Streets) with appointments from 6:30 p.m. to 8:30 p.m. The next clinic will be on Monday, August 2nd.

The clinic is by appointment only-please call my office at (212) 860-4906 in order to schedule an appointment.

Contact My Office:

District Office of Assembly Member Micah Z. Kellner
315 East 65th Street New York, NY 10065
T: (212) 860-4906 F: (917) 432-2983
Hours: M-F 9:30 a.m. - 5:30 p.m.

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MESSAGE FROM NYCLA PRESIDENT JAMES B. KOBAK JR.

Dear NYCLA Members, 

NYCLA has embarked on a strategic-planning process to enhance our ability to serve you, the judicial system and the greater community.  In the course of this mission, we would like to develop a tag line that NYCLA will use in its communications.  A tag line is a succinct phrase that communicates a single but powerful message designed to resonate strongly with an intended audience, and sums up the essence of the organization.  Ideally, a tag line should say something essential about what NYCLA is, what makes NYCLA special and why attorneys should join.  It should be original, believable, simple, succinct, positive, relevant and persuasive. 

Examples of tag lines are:

Coca-Cola                            The Pause That Refreshes

U.S. Navy                             It's Not a Job, It's An Adventure

Yellow Pages                       Let Your Fingers Do the Walking

Wheaties                             The Breakfast of Champions

NYCLA would like to develop a tag line that encapsulates NYCLA's focus on serving members, its history of inclusiveness, its welcoming and collegial environment, its activism for access to the courts, judicial system reform and education of the profession and the public, and its opportunities for professional development, mentoring and networking.  Possible tag lines suggested by members of the Strategic Planning Task Force include:

NYCLA: Manhattan's Legal Heartbeat

NYCLA: Your Bar Association

NYCLA: Historically Inclusive- Always Striving For Justice

NYCLA: Bar Excellence

NYCLA: Opening Doors- Looking Ahead

NCYLA: Lawyers in Action

NYCLA: Lawyering in Action

NYCLA: Helping Lawyers Help Themselves and the Public

NYCLA: Where Membership Counts

We are lawyers, not marketing professionals, so there is no pride of authorship in any of these suggestions.  We are a membership organization and want something that is meaningful to you, our members, and that will attract the attention of prospective members as well as the public at large.   Please share your thoughts with us about these tag lines.  Even better, be creative and suggest new ones that you think capture the essence of NYCLA and its mission. We welcome your involvement and your thoughts.   Please reply by sending an email to tagline@nycla.org. We would appreciate your response by July 30, 2010.

Thank you,

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The New York Women's Bar Association and The Women's National Basketball Association   invite you to   Breast Health Awareness Night at Madison Square Garden   New York Liberty vs. Washington Mystics It's that time of year again!  NYWBA is gearing up for our annual visit to Madison Square Garden to cheer on our favorite Women's National Basketball Association team - the New York Liberty!  We will also be helping to support an important cause - Breast Health Awareness.  The event is open to all, and children are more than welcome.  Plan to join in our pre-game festivities as well.  As in past years, NYWBA attendees will be given a special honor and will be allowed onto the MSG floor to form a "fan tunnel" to welcome players onto the court! NYWBA is reserving special blocks of tickets.  The very reasonable price of $40 includes a voucher for a hot dog meal or pizza meal.  Reserve your seats today! Date: Friday, August 6, 2010 Time: 6:00 pm for pre-game festivities (game starts at 7:30 pm) Place:   Madison Square Garden What:    Admission to the game; free t-shirt, fun & cheering; plus on-court action before the game! Cost: $40 - includes voucher for hot dog meal or pizza meal RSVP: To go www.nywba.org/NYLibertyRegistration.  Payment Deadline:  July 20th if paying online with a credit card; July 17th if paying by check You do not need to be a member of the NYWBA to attend this event. Click here to see pictures from last year's NYWBA event with the NY Liberty.   For more information contact NYLiberty@nywba.org.

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These poll numbers were released earlier today by Rasmussen Reports -- "an electronic publishing firm specializing in the collection, publication, and distribution of public opinion polling information."

42% Still Oppose Kagan's Confirmation, but 87% Expect Her to Be Confirmed

Thursday, July 1, 2010

The Senate Judiciary Committee wrapped up questioning of U.S. Supreme Court nominee Elena Kagan Wednesday night, but this week's hearings have done little to improve voters' perceptions of the former Harvard Law School dean.

The latest Rasmussen Reports national telephone survey of Likely Voters shows that the plurality (42%) still opposes Kagan's confirmation to the Supreme Court. Thirty-six percent (36%) favor her confirmation, while 22% are still undecided.

Whether they want to see it happen or not, most voters continue to see Kagan's nomination as inevitable. Eight-seven percent (87%) say it's at least somewhat likely Kagan will be confirmed as a Supreme Court justice. That number includes 59% who say it's Very Likely, the highest result yet.

Voters' support for Kagan's confirmation has changed little over the month of June, falling into a range of 33% to 36%. Meanwhile, the number of voters who are opposed to her confirmation has ranged from 41% to 42% during the same period. Voters were more divided on the question in surveys conducted in May.

While 62% of Democrats favor Kagan's nomination, nearly the same number of Republicans (65%) oppose it. Voters not affiliated with either major political party are more evenly divided, but the plurality (49%) opposes.  
 
 The survey of 1,000 Likely U.S. Voters was conducted on June 29-30, 2010 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Forty-one percent (41%) view Kagan favorably, while slightly more (46%) view her unfavorably. Those numbers include 16% who view her Very Favorably and 25% who view her Very Unfavorably, her highest negative rating so far.

Forty-nine percent (49%) of voters now view Kagan as politically liberal, the highest level measured since her nomination. Thirty-one percent (31%) see her as moderate and only 1% sees her as conservative. Nineteen percent (19%) are not sure about Kagan's ideology.

While voters' opinions of the nominee have changed little since the confirmation hearings began, they are following news on Kagan more than before. Seventy-nine percent (79%) are following news on Kagan at least somewhat closely, up 10 points from last week. Twenty percent (20%) say they are not following news on the nominee closely, if at all.

Most voters believe it is fair for a U.S. senator to oppose an otherwise qualified court nominee because of disagreements over ideology or judicial philosophy. 

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SCHUMER RECOMMENDS VINCENT BRICCETTI OF SOUTH SALEM TO SERVE ON SOUTHERN DISTRICT COURT IN WHITE PLAINS - ALSO ANNOUNCES OTHER RECOMMENDATIONS

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The 2009 U.S. Supreme Court Term, Justice Stevens' Departure, and the Court's Future

Please join us for a evening with some of New York's leading Supreme Court experts at the close of this historic Term. The panel will discuss this Term's biggest cases, the impact of Justice Stevens' retirement, the nomination process to replace him, and the major issues facing the new Court next Term.

Panelists:
Kathleen Sullivan, Quinn Emanuel, head of the firm's national appellate practice
Jamal Greene, Associate Professor of Law, Columbia Law School
Susan Herman, President, American Civil Liberties Union; Centennial Professor of Law, Brooklyn Law School
Samuel Estreicher, Dwight D. Opperman Professor of Law, New York University School of Law
Shayana Kadidal, Senior Managing Attorney, Guantanamo Global Justice Initiative, Center for Constitutional Rights

Sponsored by:
Committee on Federal Courts, Wendy H. Schwartz, Chair; Committee on Federal Legislation, Sarah Loomis Cave, Chair

Co-sponsored by The New York Lawyer Chapter of the American Constitution Society

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MESSAGE FROM NYCLA PRESIDENT JAMES B. KOBAK JR. 

On June 18, NYCLA joined with the Bronx, Kings, Richmond and Queens County Bar Associations in filing a civil action in New York State Supreme Court alleging that recent attempts by Mayor Michael Bloomberg, the City of New York and the Criminal Justice Coordinator to overturn the City's indigent defense system are unconstitutional under the New York and United States Constitutions.  

As you already know, NYCLA remains committed to ensure adequate funding for New York's indigent defense system and will do everything in its power to improve such funding and give meaning to the constitutional guarantee of effective assistance of counsel. This most recent action follows the filing of an Article 78 proceeding on June 2 to challenge the City's unilateral overturning of the indigent defense system operated for more than 40 years through a joint plan among the City and County Bars. The County Bars, represented by litigators from Haynes and Boone, LLP, who are providing pro bono counsel, brought the lawsuit on behalf of New York's indigent defendants. 

The June 18 companion civil action cited the principle that equal justice - including the right to counsel - for poor and rich, weak and powerful alike is a constitutional mandate under the New York and United States Constitutions. The complaint alleges that the City's actions threaten dramatically to undermine indigent defendants' already limited access to meaningful and effective representation, and that the actions violate the guarantees of access to counsel, due process, equal protection and separation of powers. The complaint, like the Article  78 proceeding, seeks to halt the City's contract procurement process and preserve the status quo unless and until the City reaches an agreement with the County Bars that preserves indigent defendants' access to adequate legal counsel. 

Contracts under the City's procurement process were to be awarded on July 10. The City has stipulated in the Article 78 proceeding not to award any contracts pending submission of answering papers and reply papers later this month. The Article 78 proceeding has been assigned to Hon. Anil C. Singh. 

Please click on News Release to read the June 18 release about the filing of the civil action. I will continue to keep you informed of further developments on this important issue.

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DiNapoli Sues BP Over Losses From Oil Spill Disaster

State Pension Fund Hires Cohen Milstein to Seek Lead Plaintiff Status

New York State Comptroller Thomas P. DiNapoli, as trustee of the $132.6 billion New York State Common Retirement Fund (Fund), announced today that he has hired the law firm of Cohen Milstein Sellers & Toll PLLC to represent the Fund in a class action against BP Plc. DiNapoli said the Fund will seek lead plaintiff status in the action that stems from BP's disastrous Deepwater Horizon explosion and oil spill in the Gulf of Mexico in April.

"It's my duty to protect the interests of the Fund and the retirees and employees who rely on it," DiNapoli said. "BP misled investors about its safety procedures and its ability to respond to events like the ongoing oil spill and we're going to hold it accountable."

DiNapoli said he is seeking to lead the class action against BP to give the Fund and other investors their best chance at recovering damages sustained from the decline in shareholder value subsequent to the Deepwater Horizon explosion and oil spill. DiNapoli said the Fund held more than 19 million shares at the time of the event.

The Fund provides benefits to more than one million active and retired state and local government employees, police officers, and firefighters. In addition to investment earnings, the Fund is funded by contributions by state and local government employers and employees.

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Posted by Lucas A. Ferrara, Esq. at 10:00 AM | Permalink | TrackBacks (0) | Comments (1)

These poll numbers were released earlier today by Rasmussen Reports -- "an electronic publishing firm specializing in the collection, publication, and distribution of public opinion polling information."

42% Oppose Kagan's Confirmation, 35% Favor

Wednesday, June 23, 2010

Forty-two percent (42%) of U.S. voters now believe Supreme Court nominee Elena Kagan should not be confirmed following the Senate hearings scheduled to begin next week. That's up nine points from the week President Obama announced her nomination and the highest level of opposition to date in Rasmussen Reports tracking of the Kagan nomination.

The latest Rasmussen Reports national telephone survey of Likely Voters shows that 35% think Kagan should be confirmed by the U.S. Senate to the Supreme Court. Another 23% are undecided at this point.

By comparison, just before Senate hearings began last summer for Supreme Court nominee Sonia Sotomayor, 37% favored her confirmation, and 39% were opposed.

Two weeks ago, 33% thought Kagan should be confirmed, and 41% disagreed. Support for Kagan's confirmation was highest in mid-May, when 39% felt that way. Still, the same number (39%) did not think she should be a Supreme Court justice.

Whether or not voters want to see it happen, a solid majority believe she is likely to be confirmed. Eighty-three percent (83%) say Kagan will be confirmed as a Supreme Court justice, including 54% who say it is Very Likely. Only six percent (6%) say it is unlikely she will be confirmed. Voters have been very confident about Kagan's confirmation since her nomination.

The survey of 1,000 Likely U.S. Voters was conducted on June 21-22, 2010 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Voters give the former Harvard Law School dean mixed reviews. Forty percent (40%) have a favorable impression of Kagan, while 41% view her unfavorably. Those numbers include 17% who view her Very Favorably and 19% who view her Very Unfavorably. Another 19% are undecided.

The new findings mark a slight improvement in Kagan's favorability ratings. Earlier this month, 36% viewed Kagan favorably, and 42% viewed her unfavorably. In late May, 47% viewed Kagan unfavorably.

Historically, for all recent nominees except Samuel Alito, the longer a nominee is in the confirmation process and the more that is known about them, the lower their level of public support. That's one reason why, while Republicans were more willing to take their time, Democrats pushed for an early confirmation hearing for Sotomayor and are doing the same for Kagan. The latter's Senate Judiciary Committee hearings on Kagan are set to begin next Monday.

Support for Kagan's confirmation remains unchanged among Republicans and voters not affiliated with either political party. But support among Democrats is up six points from two weeks ago.

Voters' perceptions of Kagan's ideology also show little change. Forty-two percent (42%) view Kagan as being politically liberal, down slightly from findings two weeks ago and more in line with results found when she was first nominated.

Thirty-six percent (36%), however, see Kagan as moderate, up six points from the past several surveys and the highest level measured so far. Only five percent (5%) see Kagan as politically conservative.

Most voters believe it is fair for a U.S. senator to oppose an otherwise qualified court nominee because of disagreements over ideology or judicial philosophy. 

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Office of the President

The City Bar has been evaluating judicial candidates for 140 years in a non-partisan manner based upon the nominees' competence and merit. We have evaluated every U.S. Supreme Court nominee since 1987. Our evaluation process was thorough and independent, and I want to give special thanks to those members who responded to our request for comments on the Kagan nomination.

After reviewing and analyzing information from many sources, the City Bar, through its Executive Committee, found that Solicitor General Kagan demonstrates exceptional legal ability and intellectual prowess; an extraordinary level of accomplishment in numerous positions within the legal profession; an outstanding grasp of the role of the Supreme Court and the judiciary in the structure of our government and in American society; and the principled, open-minded judgment and temperament needed to address the matters that come before the Supreme Court and to work effectively with the other justices.

Our subcommittee's excellent work is a credit to the City Bar. You may find a copy of the report on our website here.

Sincerely,

Samuel W. Seymour

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American Land is sponsoring a CLE on Tuesday, June 29, 2010.

Here's a copy of the event invite:

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Governor Paterson Announces Judicial Nomination

Governor David A. Paterson today announced that he has nominated Michelle I. Schauer to fill an interim vacancy in Westchester County Family Court.

Under the New York State Constitution, the Governor may nominate individuals to fill vacancies on the Family Court until those vacancies can be filled at the next general election. If the Governor's nomination is confirmed by the Senate, Ms. Schauer will serve until December 31, 2010.

Michelle I. Schauer currently serves as a Court Attorney Referee in the Family Court, Westchester County, a position she has held since 1999. In 1999, she was the Principal Law Clerk to the Honorable Albert M. Rosenblatt, New York State Court of Appeals. From 1989 to 1998, she was the Principal Law Clerk to the Honorable Albert M. Rosenblatt, Supreme Court, Appellate Division, Second Department. In 1989, she was an Associate Law Clerk to the Honorable Bruce Tolbert and the Honorable Orazio Bellantoni, Family Court, Westchester County. In 1988, she was an Associate Law Clerk to the Honorable Lucille Polk Buell and Honorable Theodore Dachenhausen, Supreme Court, Westchester County. From 1986 to 1988, she was an Associate at Summit Rovins & Feldesman. From 1984 to 1986, she was a Law Clerk at the Supreme Court, Appellate Division, Second Department. Ms. Schauer received her B.S. from Arizona State University in 1980, and earned her J.D. from New York Law! School in 1984, where she graduated cum laude and was a member of the New York Law School Law Review. 

The annual salary for the nomination to the Family Court in Westchester County is $136,700. This nomination is subject to Senate confirmation.

Posted by Lucas A. Ferrara, Esq. at 10:00 AM | Permalink | TrackBacks (0) | Comments (0)

 

Dear Members/Friends:

The Puerto Rican Bar Association is going to march down Fifth Avenue this Sunday, June 13, 2010 in the Puerto Rican Day Parade. In the past, this event has proven to be a wonderfully festive occasion, and particular special, as one that reminds us of our beautiful island, our heritage and important issues for which we must continue to stand strong. The parade march is also an excellent opportunity to showcase the best and brightest in our community.  It is for these reasons that the PRBA will once again participate.

We will join millions of Puerto Ricans, both marchers and spectators, as we march from 44th to 86th streets.  It is the largest gathering of its kind in this country. This year the Puerto Rican Day Parade committee has selected as its Grand Marshall Congresswoman Nydia Velazquez. Congresswoman Velazquez is an amazing advocate for our community and one of the hardest working legislators for all New Yorkers -- a  distinguished Puertorriqueña!  The parade organizers also have another remarkable individual serve as "El Rey" de la parade, our very own Marc Anthony.  We are truly honored to join them.

The parade begins at 11:00 a.m. We will plan to meet all of the PRBA members/friends who confirmed by 10:00 a.m. at 44th Street , on the west side of Fifth Avenue in Manhattan . If you picked up a wristband and have any questions about this Sunday, please contact Rosevelie Marquez at rmarquez@prba.net.

We look forward to seeing you on Sunday.  ¡Alcemos con orgullo nuestra bonita bandera!

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IMPORTANT PRESIDENT'S MESSAGE 

 

 

Dear Members,

 

On Monday WBASNY approved the position statement below in support of "No-Fault" divorce legislation as sponsored by Senator Hassell-Thompson. Known as Sentate Bill S-3890-A and Assembly Bill A-9753, sponsored by Asseblyman Bing. This was accomplished through the excellent work of our Matrimonial Committee, Legislative Committee and Executive Committee who all acted quickly as this Legislation is and has been one of our goals for a long time. 

 

I encourage you to contact your Senators to communicate WBASNY's support. The vote by the Senators is imminent. Our position statement and talking points along with the bill can be downloaded from our website at www.wbasny.org or you may click on the following link - No-Fault Divorce Support Documention. Our Lobbyist is working non-stop in her efforts on our behalf with respect to communicating our position to the Senators.

 

Thank you for your time and efforts in this regard.

 

Sincerely,

 

Deborah Weisman-Estis

President

 

 

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Position Statement 2010

No Fault Divorce Legislation

Support

 

The Women's Bar Association of the State of New York ("WBASNY") supports the enanctment of "No Faul" divorce legislation, as set forth in Senate Bill S-3890-A, sponsored by Senator Hassell-Thompson and Assembly Bill A-9753,  sponsored by Assemblyman Bing.  The current law, which requires a spouse to prove adultery, abandonment or cruel and inhuman treatment in order to obtain a divorce, has forced spouses into costly and lengthy court battles, where their children often are emotionally damaged by the crossfire.  This bill would permit either spouse to obtain a divorce upon a sworn statement that there has been an irretrievable breakdown in the marriage for at least six months. 

 

This bill would not permit "Divorce on Demand" because the divorce judgment could only be granted after custody and the financial issues have been resolved or determined.

 

The enactment of this NO FAULT divorce bill would not prevent a spouse from presenting facts of domestic violence or other egregious fault in matters relating to custody, child support, spousal maintenance or equitable distribution. 

 

New York is the only state requiring the court's finding of fault unless both spouses live separate and apart for one year after they have signed a written separation agreement or stipulation resolving custody and their financial issues.  This requirement has a disproportionately negative impact on custodial parents, who may not be permitted to relocate with the children to a neighboring state to obtain a "no fault" divorce.  Similarly, the non-monied spouse often cannot afford to relocate.  In sharp contrast, the noncustodial parent and/or monied spouse can move to a neighboring state, such as Connecticut, and immediately commence a "no fault" divorce action.  

 

Thus, the current law has a Draconian impact on victims of domestic violence who will not leave New York State without their children and who cannot afford to move or to litigate fault. 

 

For too long, families have been financially and emotionally devastated by one spouse's refusal to give up "control" by consenting to a divorce. The time is now to enact the Hassell-Thompson/Bing No Fault Divorce bill.

 

Posted by Lucas A. Ferrara, Esq. at 11:00 AM | Permalink | TrackBacks (0) | Comments (0)

The three credits will cost $90 ($60 members).

For additional information, call 718-293-2227.

A copy of the event announcement follows:

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New York Women's Bar Association and New York Family Court present a CLE Tour of the New York Family Court "The Family Court - Tips from the Inside" Join us as the New York Women's Bar Association takes a tour of the New York County Family Court, from the ground floor up.  Meet with a clerk who knows the inner workings and systems; meet with Judges and others who will explain their specific roles; meet one of the many devoted "panel" attorneys who handle enormous caseloads with grace, compassion and skill; learn the law, and see how the remarkable decision-makers apply the law to every type of family, including those never contemplated by the legislators.      Speakers: Hon. Edwina G. Richardson-Mendelson, Admin. Judge, NYC Family Court Peter J. Passidomo, Chief Clerk, NYC Family Court Hon. Douglas Hoffman, Supervising Judge, New York County Family Court Hon. Lori S. Sattler, Judge of the New York County Family Court Hon. George L. Jurow, Judicial Hearing Officer, New York County Family Court Rosina Taffuri, Deputy Chief Court Counsel, New York City Family Court Catherine Friedman, NYC Family Court Citywide ADR Coordinator Assigned Counsel, 18-b Attorney (TBD) When:  Tuesday, June 22, 2010    - 9:00 a.m. to 9:30 a.m. - Registration    - 9:30 a.m. to 1:00 p.m. - Program Where:  New York Family Court, 60 Lafayette Street (Library), New York City CLE: 3.5 CLE Credits (Skills)* Cost: $10.00** (Special discount price.  Many thanks to NYWBA for underwriting costs of this program.) RSVP: Send an email to judithrifkin@earthlink.net or call 212-724-8111.  All participants MUST pre-register to be admitted.  Space is limited, so register ASAP! CLE_Notes: * CLE Accreditation:  NYWBA is a founding chapter of the Women's Bar Association of the State of New York, an accredited CLE provider.  Approval of CLE credit is pending in accordance with the requirements of the NYS CLE Board for the above-listed credit hours for established and as transitional credit for newly-admitted attorneys.  NOTE:  CLE materials will be provided in an electronic format ** Financial Hardship Scholarships:  Full and partial scholarships based on financial need are available.  For info, contact Yacine Barry, CLE Coordinator:  NYWBA, 132 East 43rd St., The Chrysler Bldg, #716, New York, NY 10017-4019 (CLE@nywba.org or 212-490 8202).  All requests are confidential.   You do not have to be a member to attend this program. NYWBA Membership is open to lawyers, judges, law students and law graduates.  To join or renew, click here to access our secure online membership form, or email info@nywba.org to have a form sent to you.

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Governor Paterson Announces Judicial Nomination

Governor David A. Paterson announced yesterday that he has nominated Vincent J. Rizzo to fill an interim vacancy in Monroe County Court. Under the New York State Constitution, the Governor may nominate individuals to fill vacancies on the County Court until those vacancies can be filled at the next general election. If the Governor's nomination is confirmed by the Senate, Mr. Rizzo will serve until December 31, 2010.  Vincent J. Rizzo is currently an Investigator for the Rochester City School District, where he has served since December 2009. Before working for the school district, he worked in the Monroe County District Attorney's Office starting in 1990, where he served as Special Assistant, Chief of Local Courts Bureau. From 1985 to 1990, Mr. Rizzo was the Executive Attorney and Director of the Legal Aid Society in Syracuse, New York and from 1980-1985, he served as the Assistant Public Defender in Monroe County as part of the Violent/Major Felony Section. He received his Bachelor of Science from Central Michigan University and earned his J.D. from the University of Dayton School of Law in 1979. Mr. Rizzo has taught part-time at Monroe Community College as an Adjunct Professor in the Criminal Justice and Law Department, and is active in many community organizations related to criminal justice.  The annual salary for the nomination to the County Court in Monroe County is $125,600. This nomination is subject to Senate confirmation.

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What It's Really Like to Practice Law as a Woman

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Summer Associates Annual Reception
Thursday, June 17, 2010 6 - 8 pm


NYC Bar Member : Register
Non City Bar Member : Register

The New York City Bar and the New York Law Journal will host the annual welcoming reception in honor of summer associates, their mentors and colleagues. Guests can mingle with other summer associates and attorneys, enjoy drinks and hors d'oeuvres, and have the chance to win great door prizes.

This event is free, but please register online or by calling (212) 382-6665. For group registrations, please email your contact information and list of attendees to membershipservices@nycbar.org.

Co-hosted by:


Special thanks to:

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ATTORNEY GENERAL CUOMO SUES IMMIGRATION SERVICES COMPANIES FOR TARGETING AND DEFRAUDING HAITIANS IMPACTED BY RECENT EARTHQUAKE

Victims Paid Large Sums for Legal Services that the Companies Were Not Authorized to Perform and Often Did Not Provide

Lawsuits Seek to Shut Down Companies and Obtain Restitution for Victims

Attorney General Andrew M. Cuomo today announced lawsuits against several companies for targeting the Haitian community with fraudulent immigration services after the January earthquake that devastated much of the Haitian capital region.

The lawsuits allege that the companies and their owners - who are not lawyers - have been illegally providing legal advice and services to Haitian immigrants. As non-lawyers, the owners are prohibited from providing legal advice or representing anyone before immigration authorities. Further, the lawsuits allege that the companies are charging Haitian immigrants thousands of dollars for processing immigration applications that could be filed for free through a waiver. This case is part of the Attorney General's ongoing investigation into immigration fraud.

The Attorney General filed lawsuits against: Chay Pa Lou Community Center, Inc., Delegue Tax Consultant, Inc., and their owner and operator Jean Michel; as well as Rincher's Multi-Service a/k/a Rincher Bookstore a/k/a Rincher Associates a/k/a Haitian American Entrepreneur's Group, LLC, and their owners and operators Deslande Seixas-Rincher, and Sharlene Seixas-Rincher. All companies are located in Brooklyn, New York.

"In light of the recent devastating earthquake in Port-au-Prince, New York's Haitian residents have sadly been a target for immigration scams, bringing further pain to a community that has already suffered so much," said Attorney General Cuomo. "These cases are a part of my office's ongoing crackdown on immigration scams throughout New York and I urge anyone who has been affected by this type of fraud to contact my office."

After the earthquake in Haiti in January 2010, the United States Department of Homeland Security allowed Haitian citizens in the United States to seek Temporary Protected Status ("TPS") to stay in the country for eighteen months. After Homeland Security made its TPS announcement, the Attorney General's office received complaints that Haitian immigrants were being targeted through advertisements by companies offering fraudulent and illegal immigration services at exorbitant prices.

The Attorney General's investigation revealed that these companies charged Haitian immigrants for processing immigration applications that could be filed for free through a waiver or for a nominal fee. The companies also charged some immigrants for processing applications even when they were not even eligible to stay in the United States. Further, some immigrants paid for application processing and legal services that were never provided.

The lawsuits seek to permanently shut down these companies and prevent them from providing immigration legal services. The lawsuits also seek restitution for the victims who have paid thousands of dollars for legal services the companies were not authorized to provide and in many instances did not provide. The Attorney General is authorized to seek an injunction, penalties of up to $7,500 per violation and restitution. The companies owned and operated by Jean Michel face liability for over 100 known violations; the companies owned and operated by the Seixas-Rinchers face liability for over 30 known violations. The Attorney General previously obtained a court order against Chay Pa Lou Community Center, Inc., which has frozen their assets and precludes them from destroying documents and transferring assets.

The Office of the Attorney General will coordinate with several New York legal associations to help handle the companies' existing cases and to protect innocent victims.

Under state and federal law, only lawyers or accredited representatives can represent individuals before immigration authorities. Under New York State law, it is unlawful to mislead or defraud any person in immigration-related services. New York law also requires anyone providing immigration services to comply with advertising, signage, and surety requirements, and to give consumers written contracts in both the consumer's native language and English that detail their services and cancellation policy. Further, it is illegal for not-for-profit immigrant service providers to charge excessive fees for services; the services must be provided free of charge or at a very nominal rate.

• In April 2010, the Attorney General shut down American Immigrants Federation for defrauding immigrants with false promises of citizenship, engaging in the unauthorized practice of law, and illegally charging exorbitant fees for services. The organization, its president Estela Figueredo, and its affiliates had to shut down all of their operations and pay $1.2 million in restitution.

• In March 2010, the Attorney General obtained a $3 million court judgment against a Queens County individual, Miriam Hernandez, for defrauding immigrants by claiming that she could help them gain citizenship.


• In January 2010, the Attorney General sued and obtained a temporary restraining order against International Immigrants Foundation, International Professional Association, and their President Edward Juarez for engaging in fraud and the unauthorized practice of law. The case is currently pending in the New York State Supreme Court.


• In August 2009, the Attorney General shut down three companies - Immigration Solutions and Systems, Inc. and its owner Mary DiSerio of Manhattan; Alisandra Multiservices, Inc. and its owner Sandra A. Peguero of Brentwood, Long Island; and All Immigration Services and its owners Ruth A. Shalom and Isaac Shalom of Great Neck, Long Island - for providing unauthorized and fraudulent legal services to immigrant communities and required that they pay full restitution to all victims. The companies were required to pay more than $100,000 in penalties and were permanently prohibited from operating immigration services businesses.


• In August 2009, the Attorney General sued three companies - Immigration Community Service Corporation and its owner Vincent I. Gonzalez; Professional Solutions Consultants (d/b/a Reliable Clerical Services and Reliable Immigration Services) and its owner Clover A. Perez; and Centro Santa Ana and its owner Ana Lucia Baquero - all located in Queens for providing unauthorized and fraudulent legal services to immigrant communities and is seeking injunctive relief, restitution, and penalties. These cases are currently pending in the New York Supreme Court.

Edward Dominguez, Executive Director of Catholic Migration, said, "As Haitians continue to focus on recovery and rebuilding, it is reassuring to know Attorney General Cuomo is taking these steps to ensure that victims, their families, and others in the community are not being taken advantage of by fraudulent immigration organizations. We look forward to continuing to work with the Attorney General's Office in identifying perpetrators and bringing them to justice."

Chung-Wha Hong, Executive Director of New York Immigration Coalition, said, "We welcome our growing Haitian community to New York, many of whom have been displaced by a horrible and unspeakable tragedy. For any individual or group to try to scam these families who are trying to rebuild their lives is akin to another atrocity. Attorney General Cuomo's efforts to protect Haitian immigrants and all New Yorkers from scam artists and deceptive ploys are to be commended."

The immigrant community is a vital part of the fabric of New York State. There are more than 3,000,000 immigrants living in New York State. Immigrants from 148 different countries represent thirty-six percent of New York City's population, forty-three percent of its workforce, and sixty percent of homeowners.

All New Yorkers should be aware of organizations and not-for-profits providing immigration services for exorbitant fees and without the proper accreditation. A list of free and low-cost immigration services that are available through not-for-profits and attorneys can be found through the U.S. Department of Justice, the New York State Immigration Hotline, and the Board of Immigration Appeals. Haitians staying in the United States only have until July 20, 2010 to apply for TPS.

The cases are being handled by Assistant Attorney General Vilda Mayuga and Assistant Deputy Counselor Elizabeth De León, and Investigators John McManus and Angel Laporte, under the supervision of Special Deputy Attorney General for Civil Rights Alphonso B. David and Chief Counsel for Civil Rights Spencer Freedman.

If you have been a victim of immigration assistance fraud, please contact the Attorney General's Immigration Services Fraud Unit Hotline at (866) 390-2992 or visit www.ag.ny.gov.

The lawsuits are available at www.ag.ny.gov.

Attachments:

• Chay Pa Lou Community Center, Inc. Complaint
• Rinchers Complaint

Posted by Lucas A. Ferrara, Esq. at 9:00 AM | Permalink | TrackBacks (0) | Comments (0)

Just got this update from political gadfly, Alan Flacks (pictured left):

We last reported (June 2, 2010) that Sabrina Bebe Kraus was considering running for a County-wide Civil Court vacancy in Manhattan.  The following day, at a joint meeting of the Ansonia Independent Democrats and the Park-River Independent Democrats, she announced that she is not running.  Verena Celestene Powell was also considering jumping in the race; however, in an Email on June 4th, she said that "[she] is not running this year."

There is a report that solo practitioner Richard Realmuto from Washington Heights is running for the County-wide Civil Court  vacancy number 4, the same seat David Benjamin Cohen is seeking.  Matthew Frederic Cooper, standing for re-election, and Letitia Maria Ramirez are running unopposed for County-wide seats vacancy numbers 3 and 5 respectively. 

Posted by Lucas A. Ferrara, Esq. at 12:30 PM | Permalink | TrackBacks (0) | Comments (0)

FEDERAL COURTS COMMITTEE SUMMER PARTY

Join us in celebrating all the work the Committee did this year at our Summer Party to be held at Battery Gardens in Battery Park on Monday, June 21, from 6:00 to 10:30 p.m.  With an open bar and dinner overlooking New York harbor, this event will be great fun, and with a subsidy from our Committee, tickets will only be $65/per person.  You can purchase tickets by sending a check, made payable to NYCLA, to Gregg Kanter, Flemming Zulack Williamson Zauderer LLP, One Liberty Plaza, New York, NY 10006.

Our Next Meeting

The Honorable Kenneth M. Karas, District Judge for the Southern District, will be the judicial guest at our final meeting of the year on June 10, from 5:30 to 7:30 p.m.  Stewart Aaron of Arnold Porter LLP, one of our Committee's former Chairs and NYCLA's new President-Elect, will host the meeting at his offices located at 399 Park Avenue.  There are two entrances to 399 Park Avenue:  one is on Park Avenue between 53rd and

54th Streets, and the other is on Lexington Avenue at 53rd Street.

CLE Program on Federal Court Practice

Our CLE program entitled "Winning Cases in Federal Courts" will be held at NYCLA's  Home of Law, 14 Vesey Street, on June 30 and July 7,  from 6:00 to 9:00 p.m.  This six-credit course provides an overview of litigating a case in federal court and is geared towards junior and mid-level associates, but it always provides helpful tips for more seasoned attorneys.  District Judge Paul A. Crotty of the Southern District will Co-Chair

this program, and the panelists include five former Chairs of our Committee.  Additional details about our CLE program, including registration information, can be found on NYCLA's web site www.nycla.org or by clicking here.

Sincerely,

Gregg Kanter, Chair

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Smart Marketing Program Series: Smart Marketing in a Down Economy

The fee, which includes breakfast, is $15 for members, $25 for non-members.

Members of the Association, and their guests are all welcome. Registration is necessary.

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On Tuesday, June 15 from 6:00-8:00 PM, the Matrimonial Law Section will host its annual cocktail party at the Seaman's Institute's Top Deck, 241 Water Street. (Parking is available across the street.)

The Section is honoring the three most recently appointed New York County matrimonial judges: Hon. Matthew F. Cooper, Hon. Ellen B. Gesmer and Hon. Deborah Kaplan.

Tickets (include open bar and hors d'oeuvres) cost $150 per person (for NYCLA members as of May 31, 2010) and $220 for non-members. 

RSVP (by June 10): Former Section Co-Chair and Reception Chair Charlotte C. Lee at 212-732-3366 or email clee@charlottelee.com.

Please make checks payable to NYCLA Matrimonial Law Section and mail to: Charlotte C. Lee, 277 Broadway, Suite 100, New York, NY 10007.

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On Monday, June 14 from 6:00-9:00 PM, the Civil Court Practice Section is hosting its  annual awards dinner at the New York Athletic Club, 180 Central Park South.

The honorees are: Hon. Jonathan Lippman, Chief Judge of the State of New York; Hon. Sherry Klein Heitler, Administrative Judge, First Judicial District; Ernie Belzaguy, Esq., First Deputy Chief Clerk (retired), New York City Civil Court, Citywide Administration; and Joseph Gebbia, Deputy Chief Clerk(retired), New York City Civil Court, Small Claims.

Hon. Fern A. Fisher, Deputy Chief Administrative Judge for New York City Courts, will present the awards.

There will be a reception followed by dinner.

Tickets cost $190 per person; $1,900 for a table of ten. 

RSVP: Former Section Co-Chair Robert Silversmith at 212-505-2821.

Please make checks payable to NYCLA Civil Court Practice Section and mail to: Civil Court Practice Section Dinner, NYCLA, 14 Vesey Street, New York, NY 10007

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The Small Claims Association of Arbitrators is hosting a free CLE on Thursday, June 17, 2010, from 6-8 PM.

A copy of the event announcement follows:

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PRO BONO OPPORTUNITY

Help Haitian Immigrants Register for Temporary Protected Status

The Mayor's Office of Immigrant Affairs is partnering with several non-profit organizations, including the New York Immigration Coalition, Haitian Americans United for Progress (HAUP) and CAMBA to offer free legal assistance to Haitian immigrants who may be eligible for Temporary Protected Status (TPS). 

About TPS: On January 15, 2010, the Attorney General designated Haiti for Temporary Protected Status due to the devastation caused by the earthquake in that country. To be eligible, a Haitian national has to have resided in the United States on or before January 12, 2010. Individuals granted this temporary immigration status are allowed to remain in the United States and obtain work authorization during the 18-month TPS validity period. The registration period to apply for TPS is currently scheduled to end on July 20, 2010. 

Volunteers Needed

Volunteer lawyers are needed to staff temporary legal clinics in Brooklyn and Queens, where they will provide legal information about TPS and assist Haitian nationals in completing applications.  If you are an attorney and interested in participating, you can register through NYC Service's website at http://www.nycservice.org/advanced_search.php#s, which will take you to the advanced search section. From there, select "legal & justice" on the scroll-down menu of the "search by interest(s)" section, where you will find "HELP HAITIAN NEW YORKERS" as the third listed opportunity.  This site describes the four, free two-hour TPS trainings being offered to lawyers interested in volunteering from now until July 20, 2010.  Attorneys will receive 2 CLE credits (in Professional Practice), appropriate for both newly admitted and experienced attorneys. Additional information about obtaining CLE credits will be provided at the time of registration.

For more information, call the Mayor's Office of Immigrant Affairs at 212-788-7654.

Posted by Lucas A. Ferrara, Esq. at 5:00 PM | Permalink | TrackBacks (0) | Comments (0)

The Executive Committee of the New York City Bar will be evaluating the nomination of Solicitor General Elena Kagan for the United States Supreme Court. If you have any views or information you would like to present to the Executive Committee regarding the nomination, please respond by reply email, by Monday, June 7

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Earlier this morning, we received this update from political gadfly, Alan Flacks:

Candidates for Manhattan Civil Court judgeships were reported last night by the New York County Democratic Party screening panel and the local screening panel for the East Side's 9th Civil Court District.

Anthony Cannataro (law clerk to J.S.C. Lottie Wilkins), Sabrina Bebe Kraus (a Brooklyn Housing Court Judge, and formerly with Borah, Goldstein, . . .  and Kucker & Bruh), and Gerald Lebovits (a noted Manhattan Housing Court Judge) were found most highly qualified of the applicants to the local Ninth District (vacancy #9) screening panel according to Lex. Club District Leader Lawrence Rosenstock.

The "County's" screening panel [for two Countywide "open" seats and for two "open" seats in the First and Fifth Civil Court Districts (vacancies #4, 5, 7, & 8, respectively)] found the following twelve, in alphabetical order, the "most highly qualified" of the twenty-four applicants said Judiciary Committee Chair Curtis Arluck.

The aforementioned Anthony Cannataro, David Benjamin Cohen (a Manhattan Housing Court Judge), Melissa Anne Crane (law clerk to App. Div. 1st Dept. Justice Karla Moskowitz), Erika McDaniel Edwards (a p.i. accident, criminal defense, and estates litigator with Donaldson, Chilliest & McDaniel), Carol Ruth Feinman (an Administrative Law Judge with the N.Y. State Office of Temporary & Disability Assistance), Paul Allan Goetz (a N.Y.C. Asst. Corp. Counsel for commercial and real estate litigation).

Also Michael Katz (law clerk to J.S.C. B. Ruth Kapnick), Sabrina Bebe Kraus, Gerald Lebovits, Kelly Ann O'Neill Levy (law clerk to App. Term 1st Jud. Dist. Justice Sherry Klein Heitler), Leticia Maria Ramirez (law clerk to Civ. Ct. Judge Jose Padilla, Jr.), and Jeanette Rodriguez-Morick (a business, anti-trust, white-collar crime lawyer with Thompson Hine, and a former Bronx A.D.A.).

In addition, two incumbent Civil Court Judges standing un-opposed for re-election, Matthew Frederic Cooper (vacancy #3, a County-wide seat) and Joan Mary Kenney (vacancy #6, First Civil Court District), were approved as "meriting continuation in office."

Posted by Lucas A. Ferrara, Esq. at 10:45 AM | Permalink | TrackBacks (0) | Comments (0)

The Bronx County Bar Association is having its 108th Golf & Tennis Outing on Monday, June 21, 2010, at Bonnie Briar Country Club (Larchmont, New York).

Ticket prices start at $125.

For additional information, call 718-293-2227.

Here's a copy of the event invite:

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Columbian Lawyers Association is having its 8th Annual Scholarship Fundraiser on Wednesday, June 2, 2010, from 6-9 PM.

Tickets are going for $95.00 per person.

For additional information, or to reserve your seat, call Marianne Bertuna at 212-486-0011.

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The New York City Trial Lawyers Association is having its annual golf outing on June 14, 2010, at the Elmwood Country Club (White Plains, New York).

Ticket prices start at $180.

For additional information, call Howard B. Sherman at 212-964-4717.

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The Brooklyn Volunteer Lawyers Project invites you to its 20th Anniversary Gala Reception on June 15, 2010 from 6:00 - 9:00 PM at the Brooklyn Botanic Gardens Palm House.

The group will be honoring Chief Judge Judith S. Kaye (Ret.) and celebrating two decades of  free legal services to Brooklyn's neediest residents.

The event features dinner reception, silent auction and live music by the Brooklyn Youth Chorus Academy.

Tickets start at $250.

Here's a copy of the event invite:

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Online Social Networking for Lawyers

Thursday, May 27, 2010, 6:30 PM Registration: NYC Bar Member Price: $15.00 Register Non City Bar Member Price: $25.00 Register

Have you wondered whether you're missing out because you're not using LinkedIn, Facebook, or Twitter? This program will discuss how lawyers can use social networking sites to enhance career development and business generation, and to network and search for employment. The panelists will also provide information on avoiding the pitfalls that can cause irreparable reputational and professional damage to lawyers and their employers.

Although not required, participants are welcome to bring their laptops to follow along with panel's demonstration.

Speakers: NATALIE SULIMANI, SulimaniLawFirm.com AMANDA C. ELLIS, Amanda Ellis Legal Search JONATHAN I. EZOR, Director, Touro Law Center Institute for Business, Law and Technology; Assistant Professor of Law and Technology

Sponsored by:
Committee on Career Advancement and Management, Carroll Welch, Chair

Registration is necessary. The fee, which includes refreshments, is $15 for members, $25 for non-members.

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These poll numbers were released earlier today by Rasmussen Reports -- "an electronic publishing firm specializing in the collection, publication, and distribution of public opinion polling information."

39% Favor Kagan's Confirmation to Supreme Court, 39% Oppose

Tuesday, May 18, 2010

Supreme Court nominee Elena Kagan spent the past week introducing herself to the Senate and to the nation, but U.S. voters remain evenly divided over whether she should be confirmed for the high court.

A new Rasmussen Reports national telephone survey finds that 39% of voters believe Kagan should be confirmed by the Senate, while another 39% say she should not be confirmed. Twenty-two percent (22%) are not sure.

A week ago, immediately following President Obama's announcement of her nomination, 33% said she should be confirmed, 33% disagreed, and 34% were undecided. By way of comparison, support for Kagan's confirmation is a bit lower than support for Judge Sonia Sotomayor a week after her nomination. In both cases, support declined slightly in the week following the nomination.

Virtually unchanged from last week is the finding that 83% of all voters think it is at least somewhat likely that Kagan will be confirmed, including 55% who say confirmation is Very Likely.

The survey of 1,000 Likely U.S. Voters was conducted on May 16-17, 2010 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Kagan's unfavorables have risen slightly over the past week. Forty-three percent (43%) now have at least a somewhat favorable opinion of the nominee, while 44% view her unfavorably. A week ago, those numbers were 45% favorable and 39% unfavorable.

The current numbers include 15% with a Very Favorable view and 21% with a Very Unfavorable one.

Kagan, former dean of the Harvard Law School and current U.S. solicitor general, is now seen as ideologically liberal by 47% of voters. That's up from 43% a week ago. Thirty-two percent (32%) now say she's politically moderate, while just three percent (3%) view her as a conservative. Eighteen percent (18%) are not sure.

Seventy percent (70%) of conservative voters regard Kagan as a liberal, but 62% of liberals say she's a moderate.

Kagan's confirmation hearings have yet to be scheduled, but 56% of voters believe it is fair for a U.S. senator to oppose an otherwise qualified court nominee because of disagreements over ideology or judicial philosophy.

The president's new nominee is intended to replace retiring Justice John Paul Stevens, 90, the court's oldest serving member. Although appointed by Republican President Gerald Ford in 1975, Stevens has long been viewed as a reliably liberal vote on the court.

Support for Kagan's confirmation among Democrats has jumped dramatically over the past week from 47% to 68%.

Opposition among Republicans has risen from 54% in the previous survey to 61%. Among voters not affiliated with either party, 32% favor confirmation, while 42% are opposed, up eight points from a week ago.

Eighty-one percent (81%) of voters say they are following news stories about the Supreme Court nominee at least somewhat closely. Nineteen percent (19%) are not following this news closely, if at all.

Posted by Lucas A. Ferrara, Esq. at 4:30 PM | Permalink | TrackBacks (0) | Comments (0)

Esquire Bank and AmericanLand are offering a CLE on 1031 Tax Deferred Exchanges on Tuesday, May 25, 2010, at 8AM.

For additional information, call 212-239-1000.

Here's a copy of the event invite:

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TROs, Preliminary Injunctions, and Other Provisional Remedies in the Commercial Division

This is an informative breakfast discussion on litigating TROs and other applications for preliminary or provisional relief in the Commercial Division of the New York Supreme Court. The program will focus on various aspects of litigating motions for injunctive and other interim relief, with attention to pitfalls of practice and other insights, all as viewed from the perspective of two experienced trial judges and a seasoned practitioner.

Moderator:
JOHN C. OHMAN, Vandenberg & Feliu, LLP

Speakers:
HON. SHIRLEY WERNER KORNREICH, Supreme Court Justice, New York County
HON. CHARLES E. RAMOS, Supreme Court Justice, New York County
THOMAS W. HYLAND, Wilson Elser Moskowitz Edelman & Dicker LLP

Sponsored by:
Committee on State Courts of Superior Jurisdiction, Cynthia B. Rubin, Chair

Posted by Lucas A. Ferrara, Esq. at 9:30 AM | Permalink | TrackBacks (0) | Comments (0)

My Ethical Issues in the Practice of Real Estate Law class is by far the most popular class of my CLE classes. It covers ethical issues that real estate practitioners face every day, is taught in an interactive way, and is accredited for 3 Ethics CLE Credits

I am teaching the class again Thursday morning May 27^th and would like to have you attend. Let me know if you can make it. Here is the information on the what, & where and when.Just shoot me an e-mail if you would like to sign up for it. Classes fill up fast so please let me know as soon as you can if you would like to attend.

For more information about this class and my other classes, please visit my web site: www.marcisrael.com. 

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Mixology Class
Young Lawyers Connect - First Thursdays
Thursday, June 3, 2010 6:30-8:30 pm

Join us for a night of food, networking, shaking and stirring at our Mixology Class. Whether you've mastered the martini or never quite conquered making your own cocktail, we hope to see you at the final event in the 2009-2010 YLC First Thursdays Series. The evening will begin with a networking reception, then Elayne Duke, mixologist and spirit ambassador for Diageo, will teach attendees the art of creating a well balanced cocktail, and little bit of history too. Attendees will create (and enjoy) drinks of their own, using a wide array of ingredients, and leave with new professional contacts and enough mixology talent to impress their friends. Space is limited.

Special thanks to:

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Join us as we present: "Getting to Green: Sustainability Initiatives & NYC Development Regulation"

Speakers:

-Amanda C. Goad, Senior Counsel, Environmental Law Division, New York City Law Department
-Tal J. Golomb, Associate, Fried, Frank, Harris, Shriver & Jacobsen LLP
-Melanie Meyers, Partner, Fried, Frank, Harris, Shriver & Jacobsen LLP
-Carol E. Rosenthal, Partner, Fried, Frank, Harris, Shriver & Jacobsen LLP

Click here to see the speaker bios.

Date/Time: Thursday, June 3, 2010 from 6:00 p.m. to 8:00 p.m.

Location: 185 West Broadway (between Worth & Leonard Streets), Room W400

CLE Credit: 2.0 Professional Practice Credits, Transitional or Nontransitional

Fees:
$200 registration fee for non-CityLand subscribers
$150 registration fee CityLand subscribers

Click here to see the schedule.

Register for this program today.

Seats will only be held after receiving full payment. Credit card payments should be made over the phone at (212) 431-2383. Please note that we only accept Visa and Mastercard. We do not accept American Express. Checks should be made payable to the Center for New York City Law at New York Law School and mailed to:

Maryellen Philipps
Center for New York City Law
New York Law School
185 West Broadway
New York, NY 10013

Should you require financial aid to attend this program, please click here to see if you qualify.

New York Law School has been certified by the New York State Board of Continuing Legal Education as an Accredited Provider of Continuing Legal Education in the State of New York. This program is approved for newly admitted and experienced attorneys.

CLE inquiries for this program may be addressed to Maryellen Philipps via email at the Center for New York City Law at maryellen.philipps@nyls.edu

If you are unable to view the contents of this e-mail click here

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Public Affairs Luncheon
THE GROUND TRUTH: THE UNTOLD STORY OF AMERICA UNDER ATTACK ON 9/11
Thursday, May 13, 2010 Noon until 2:00 pm

Registration:
One Price : $30.00 Register

The Public Affairs Luncheon Series features speakers who address matters of public interest. The Luncheons provide a forum to enable members of the Bar Association to network, socialize and discuss matters of interest. The Luncheons are open to the public.

Speaker:
John J. Farmer, Jr.
Dean and Professor of Law, Rutgers School of Law â€" Newark
TOPIC: THE GROUND TRUTH: THE UNTOLD STORY OF AMERICA UNDER ATTACK ON 9/11

Luncheon Chair:
Jerome R. Rosenberg

Luncheon Vice-Chair:
Emily Campbell

Sponsor:
Committee on Senior Lawyers, James W. Harbison, Jr., Chair

Co-Sponsor:
COMMITTEE ON NATIONAL SECURITY & COUNTER-TERRORISM FEDERAL BAR ASSOCIATION, SOUTHERN DISTRICT OF NEW YORK CHAPTER

Please register online or fax your registration to (212) 869 - 2145.

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ATTORNEY GENERAL CUOMO SUES WNY LAWYER FOR UNLAWFUL DEBT COLLECTION PRACTICES

Suit claims attorney sold use of his name to debt collectors so they could threaten and intimidate consumers

Yesterday, Attorney General Andrew M. Cuomo today announced his office has sued a Western New York lawyer who sold debt collectors the use of his name, which the debt collectors then used to intimidate consumers by threatening bogus legal action. The action is the latest in Attorney General Cuomo's ongoing probe into unlawful debt collection practices.

Cuomo's office sued Williamsville-based attorney John P. Nicolia after an investigation determined that he collected $141,000 in fees in return for allowing debt collectors to threaten consumers across the country by using his name and his law firm's name. In reality, Nicolia never provided any actual legal services for the debt collection company, Eastern Asset Management.

"The lawsuit alleges that this attorney knowingly allowed a debt collection firm to use his name to threaten, intimidate, and harass consumers, while he sat back and profited without having to do any actual work," said Attorney General Cuomo. "Our investigation into illegal debt collection practices has uncovered layer upon layer of abusive acts, and we will continue to root out the bad players in this industry."

An investigation by Attorney General Cuomo's Office determined that Nicolia, despite being paid $69,000 in 2008 and $72,000 in 2009, has no records to show that he provided any legal services to the debt collection companies. However, the collectors employed his name repeatedly - with Nicolia's knowledge - in attempts to collect debts:

• Collectors who called the consumers to collect on the debts claimed that they were calling from, or working with, "the Law Office of John Nicolia."
• Collectors sent standardized "settlement" letters citing non-existent judgments to consumers believed to owe debts, claiming "...our legal counsel, John Nicolia, Esq. may review the status of your particular case at anytime."

The debt collection company, after invoking Nicolia's name, often falsely stated that the consumers:

• Had lawsuits filed against them
• Would have their driver's licenses suspended
• Would be charged with a crime
• Would be imprisoned or lose their property if they didn't pay

Attorney General Cuomo's lawsuit seeks a court order barring Nicolia from allowing debt collection companies to use his name, as well as imposing significant civil penalties against Nicolia for the violations.

The federal Fair Debt Collection Practices Act and the New York State debt collection and consumer protection laws prohibit the following conduct: posing as an attorney, threatening lawsuits or other legal action which cannot be taken, saying a consumer committed a crime or will be arrested, and talking with third parties except to get location information. The law further requires collection agencies to send a written notice within five days of initial communication with the consumer explaining how he or she can dispute the debt. If properly disputed, the collection agency must stop all collection attempts and send verification.

Since commencing the statewide initiative in May 2009, Cuomo has shut down 14 debt collection and affiliated process serving companies and required others to reform their deceptive practices. His office has also garnered criminal convictions against 10 collectors who engaged in especially egregious and threatening actions against consumers. The investigation is ongoing and lawsuits against several other collection companies are pending.

Cuomo urges consumers to visit www.NYDebtHelp.com to learn their rights. The site allows victims of debt collection and debt settlement companies quick access to the Attorney General's office to file complaints, and outlines the stages of the Attorney General's investigation.

The matters are being handled by Assistant Attorney General James Morrissey under the supervision of Deputy Attorney General for Regional Affairs J. David Sampson and Special Deputy Chief of Staff Mitra Hormozi.

Posted by Lucas A. Ferrara, Esq. at 9:00 AM | Permalink | TrackBacks (0) | Comments (0)