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 In People v. Raosto, Vincent Raosto appealed his drug possession convictions, citing the "general carelessness" of his attorney and other "prejudicial errors."
At trial, a Bronx County Supreme Court judge supposedly engaged in "lengthy and inappropriate cross-examinations of defendant and defense witnesses," thereby interjecting himself into the case and causing jury confusion, disbelief of the defense witnesses, and general prejudice towards the defendant. There was also "substantial evidence that defendant's attorney ... was under the influence of heroin."
Apparently, during the trial, Raosto's attorney was inattentive, confused about important facts of the case -- including the time at which Raosto was arrested -- and failed to attack the arresting officer's credibility.
Since none of these errors were harmless, when the case reached the Appellate Division, First Department, the conviction was set aside and the matter was sent back to the Bronx County Supreme Court for a new trial.
In other words, Raosto prevailed because his attorney was loaded.
 To download a copy of the Appellate Division's decision, please use this link: People v. Raosto
 We have just learned that Nancy Bannon -- candidate for New York County Civil Court Judge -- has received two additional endorsements: one from New York State Assemblymember Brian Kavanaugh and another from the New York State Supreme Court Officers' Association.
Well done, Ms. Bannon!
Here's a free CLE that's being offered tomorrow morning (July 22, 2008) by Wells Fargo and American Land.
(Sorry about the last minute nature of the invite. We just got it moments ago!)
Continue reading "INTO CO-OPS AND CONDOS?" »
 In response to yesterday's post on Nancy Bannon's endorsements, a reader advises that Michael Katz -- another candidate for the New York County Civil Court judgeship -- has been endorsed by:
Congresswoman Carolyn Maloney
Assemblyman Jonathan Bing
Assemblyman Micah Kellner
Councilman Miguel Martinez
Councilwoman Jessica Lappin
Honorable Justice Israel Rubin (ret.)
Onward!
A reader advises that Nancy Bannon -- candidate for New York County Civil Court -- hasn't filed any financial disclosure statements with the New York State Board of Elections (NYSBOE).
(Filings were due on Tuesday, July 15, 2008.)
As of moments ago, here's what we see reported on the NYSBOE website:
Campaign Financial Disclosure
Provided by the New York State Board of Elections
Candidate and Committee Search Page
C38705
BANNON FOR CIVIL COURT
420 East 54th St #4h
New York NY 10022 Status = ACTIVE
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There is no itemized financial disclosure data contained in the NYS Board of Elections Financial Disclosure Database for this Candidate or Committee.
Continue reading ""WHY HASN'T NANCY FILED?"" »
 This just in.
New York County Civil Court candidate Nancy Bannon has received endorsements from State Senator Tom Duane and New York City Councilmember Dan Garodnick.
Onward!
A reader forwarded a copy of a "Memorandum in Opposition" (dated July 2, 2008) issued by the members of the Real Property Law Section of the New York State Bar Association (NYSBA).
The document encouraged Governor Patterson to veto the "hastily negotiated" amendments to the law of adverse possession and expressed concern that the legislation will likely "have significant adverse consequences for real estate ownership in New York."
Citing numerous "drafting ambiguities," and a reliance upon "an analysis of the mind of the adverse possessor," NYSBA had asked that any modifications be delayed until "all parties" were given an opportunity "to sit down and draft an acceptable statute that would protect the interests of all the people of New York."
Unfortunately, the Governor signed the bill into law on July 8, 2008, and years of contentious litigation most certainly awaits New York property owners facing adverse possession claims. (Interestingly, NYSBA's Memorandum provides an outline of the legal issues and arguments which will likely arise over the months and years to come.)
 To download a copy of the NYSBA memo, please use this link: NYSBA opposes adverse possession (7/02/08)
To view the attachment referenced in the NYSBA memo, please use this link: Attachment to NYSBA Memorandum in Opposition
To view our posts on this topic, please use this link: Adverse Possession
 Word on the street is that the Petitions filed by the various candidates for the single New York County Civil Court judgeship are being challenged. (In other words, candidates are trying to knock one or more of their opponents off the ballot for not having the required number of signatures.)
Here's what we learned just moments ago:
Wigberto Astacio, a Richard LaFontaine supporter, filed objections to the Nancy Bannon and Michael Katz petitions.
James Simpson, a Bannon supporter, filed objections to the LaFontaine and Katz petitions.
Lawrence Goodman, Alex Tisch, Joanne Saccone and Jerry Skurnick filed objections to the LaFontaine petitions.
 Let the counting begin!
Here's a press release we received late yesterday from Nora Anderson's campaign:
NORA ANDERSON FOR
SURROGATE'S COURT
Media Contact: For Immediate Release:
Michael Oliva July 14th, 2008
646 283-5942
NORA ANDERSON FILES OVER 20,000
PETITIONS SIGNATURES
Candidate for Manhattan Surrogate's Campaign Shows Widespread Grassroots Support
Nora Anderson, an experienced litigator in New York City's Surrogate's Court, and candidate for Judge of the Surrogate's Court in New York County, has filed 20,859 Democratic nominating signatures in support of her campaign. The amount of signatures required to qualify for the ballot to run for Surrogate's Court Judge in a Democratic primary in Manhattan is 4,000, less than a quarter of the total her campaign submitted to the New York City Board of Elections.
While campaigning on the Upper West Side she thanked several of her hardest working volunteers by saying, "It makes me proud that so many of you worked so hard to make sure I was on the ballot. It is a privilege and an honor to see such a widespread outpouring of support from so many." Much of Ms. Anderson's help came as a result of winning the endorsements of 11 Democratic clubs from several areas of Manhattan. Her club endorsements include the Village Independent Democratic Club, the Samuel J. Tilden Democratic Club, the Stonewall Democratic Club, the Eleanor Roosevelt Democratic Club, the Gramercy Stuyvesant Independent Democratic Club, the Village Reform Democratic Club, the Three Parks Independent Democratic Club, the Coalition for a District Alternative, the McManus Midtown Democratic Club, the Jim Owels Liberal Democratic Club, and the Chelsea Midtown Democratic Club.
Ms. Anderson thanked these clubs, and her large network of volunteers: "Despite not gaining the support of the New York County Democratic Party, many active citizens throughout Manhattan decided to act independently and support our campaign. It is a testament to the work you have done, and the success of our campaign's message of reform." Ms. Anderson did not seek out the New York County Democratic Party's endorsement, which was awarded to one of her opposing candidates, Milton Tingling.
An Upper West Side resident for 31 years, Nora Anderson practices in the Surrogate's Courts of Manhattan, Brooklyn, Queens and the Bronx. She has tried several cases in the court (with a success rate of over 90 percent), regularly argues appeals, participates in motion practices, examinations before trials, research, trial appeals and client consultations. A graduate of Hampton University (1969-73), and Brooklyn Law School (1978-82), which she attended at night while working full time at the NYC Parks Department, she has accumulated 30 years legal experience. Ms. Anderson started her career at the Legal Aid Society, and was later Law Secretary to Supreme Court Judge Albert Williams. She has been Chief Clerk in Manhattan's Surrogate Court under Surrogate Judge Eve Preminger, and current Surrogate Court Judge Renee Roth, and is now a member of the law firm of Seth Rubenstein, P.C.
Ms. Anderson has also received the endorsements of the New York Court Officers Union and former Manhattan Surrogate Court Judge Eve Preminger. Three prior New York State Surrogates, Eve Preminger, C. Raymond Radigan, and Louis D. Laurino, serve on her campaign committee.
To download a copy of the release, please use this link: Nora Anderson Files Over 20,000 Petitions Signatures
 Highly reliable sources advise that Frank Nervo will be running unopposed in the coming Primary and General Election.
That means -- barring some extraordinary occurrence -- he will be one of our newest judges to the New York County Civil Court bench.
Congrats, Frank!
 In Shapiro v. Kurtzman, the Rockland County Supreme Court dismissed a case brought against Deborah Shapiro Kurtzman -- in July of 2004 -- after Milton B. Shapiro failed to respond to discovery.
A little over a year later, when his attorney was diagnosed with Alzheimer's, Milton reinstated his complaint against Kurtzman claiming that his attorney didn't "properly represent him."
After considering an expert's affidavit which provided that in the earliest stages of Alzheimer's "there are noticeable deficits in demanding job situations," the Rockland County Supreme Court concluded that counsel's "mental illness" rendered the lawsuit's dismissal inappropriate. However, it imposed a $10,000 sanction against Milton and directed he answer all "outstanding interrogatories within 60 days."
On appeal, the Appellate Division, Second Department, agreed the attorney's incapacity vitiated any deliberateness and concurred with the lawsuit's reinstatement and conditions imposed.
Sorry ... but we forgot the point of this post.
To download a copy of the Appellate Division's decision, please use this link: Shapiro v. Kurtzman
 In 325 East 83 Realty, LLC v. Fleming, the parties had been involved in a holdover proceeding in which the owner alleged "excessive noise" emanated from the tenants' unit.
After trial, the New York County Housing Court found that the disturbances were the result of the building's faulty construction and, since they prevailed, the tenants were thus entitled to an award of their legal fees.
When a hearing was held, the landlord challenged the propriety of the charges incurred and contended that tenants' attorney billed for "unrelated matters, unnecessary work, or excessive work."
Using the "lodestar method" -- which multiplies counsel's reasonable time by a reasonable hourly rate -- the Civil Court concluded that the amount of fees sought by the tenants' attorney required downward adjustment. While the attorney's' hourly rates were reasonable -- given his experience and the customary rate for similar services in Manhattan -- the court found the amount of time expended on the case to be "disproportionate, unreasonable," "duplicative, unnecessary and excessive."
The court noted this was a "simple holdover claim" that was litigated over two days, and even though counsel was informed that a post-trial brief wasn't required, the tenant's attorney spent 21 hours preparing one.
After examining the work performed, the court reduced the fee request from $51,141.11 to $21,451.02, and emphasized that while the counsel had performed the work and "did it well," the landlord wasn't required to "pay for the extravagantly excessive time devoted to this case."
Now that's some haircut!
 To download a copy of the Civil Court's decision, please use this link: 325 East 83 Realty, LLC v. Fleming
 William D. Zabel, [pictured left], named partner of Schulte Roth & Zabel LLP, is hosting a reception for Justice Milton A. Tingling, candidate for for New York County Surrogate.
The event will take place on Wednesday, July 16, 2008, at Mr. Zabel's offices.
The minimum suggested contribution is $250.
Here are the particulars:
 Right before the holiday weekend, political analyst, Alan Flacks, reported that Michael Katz -- court attorney to Supreme Court Justice Barbara Kapnick -- was selected as the County's nominee for the available New York City Civil Court judgeship.
Here's what went down:
County Exec Committee Endorses for Civil Court
The New York County Democratic Committee's Executive Committee (comprised of the district leaders) endorsed Michael Lee Katz for the County-wide vacancy #11 on the New York City Court, the seat vacated by Shirley Werner Kornreich when she was elevated to the State's trial bench. At the July 1st meeting, the weighted vote was Katz, 176; Nancy Bannon, 012; and William Ramos (who is not in the running), 000.
However, a number of Manhattan Reform Democratic clubs, which do not just go along with "County," are having endorsement meetings.
 In Matter of Easton, M.E., a New York lawyer, faced four charges of professional misconduct.
The first two arose out of his representation of Maria Scarpati's minor daughter in a personal injury action. M.E. "neglected a legal matter entrusted to him," by failing to timely file a summons and complaint against the high schools allegedly responsible for the minor's injuries. Further, M.E. had engaged in "dishonesty, fraud, deceit or misrepresentation," when he "misled Ms. Scarpati as to the true status of her legal matter."
M.E.'s next two charges arose out of his representation of Jeneva McLean-Yao, M.E. again "neglected" a matter by failing to "conduct an inquest on the scheduled date," resulting in the case being removed from the inquest calendar. M.E. again engaged in dishonesty when he misled McLean-Yao as to the "true status of her legal matter."
Disciplinary proceedings against M.E. were filed in 2001, but were delayed until 2005 by the Grievance Committee for the Tenth Judicial District which required that M.E. undergo three psychiatric examinations.During that time, M.E. was suspended from the practice of law. Finally, in May 2007, a Special Referee found M.E. responsible for all four charges against him and recommended the attorney be censured for his misconduct.
On review, the Appellate Division, Second Department, concurred with the Referee's findings since none of M.E.'s lapses were "venal in nature." (M.E. was supposedly unable to interact with his clients due to "mental illness" -- an "anxiety disorder evidenced by his depression and obsessive compulsive behavior.")
Since he was perceived as "honest, candid, and remorseful," had been suspended for six years, and his clients compensated for their losses, the AD2 found a mere public censure to be an appropriate punishment in this instance.
Is it good to be M.E.?
 To download a copy of the Appellate Division's decision, please use this link: Matter of Easton
 Sent a colleague an e-mail the other day, and this is the automated message I received in response:
I will be on vacation from Monday (June 30th) through Saturday (July 5, 2008). If you experience an emergency that you believe requires my attention please contact my office at the number below. Please note that most emergencies require that you first call 911, the police or seek immediate medical attention.
How smart is that?
It certainly stopped me from making a call.
 Well, it's early in the morning, and our phones haven't stopped ringing ....
But, we're hearing that, as of only a few hours ago, the New York County "independent" screening panel voted out (in random order):
Ellen Gesmer
Cynthia Kern
Saliann Scarpulla Our congratulations to each of these candidates for New York County Supreme Court Justice.
 Michael Katz -- one of three candidates designated by an "independent" screening panel as "highly qualified" for the available county-wide Civil Court seat -- has sent a letter to political leaders asking for their support.
Here's the text of that correspondence:
MICHAEL L. KATZ
June 20, 2008
Dear Friend:
I am very honored to be recommended as "Highly Qualified" by the Independent Judicial Screening Panel for the position of Judge of the Civil Court of the City of New York. This is the second time I have been "reported out" by a Panel for a county-wide vacancy. I am writing to seek your support for my candidacy.
Upon graduating Cardozo Law School, I received the Jonathan Weiss Award for Public Interest Advocacy for my representation of indigent and elderly clients wrongfully denied government benefits and other entitlements and for my advocacy on behalf of persons with physical and mental disabilities subjected to discrimination in housing and employment. It was through these early experiences, that I learned the importance of striving to obtain social change and of protecting individual rights through the legal process.
I chose to continue my commitment to public service after graduation and have worked for the past fifteen years as the Principal Court Attorney to the Hon. Barbara R. Kapnick in the Civil Court and later the New York State Supreme Court. In this role, I have drafted major decisions in virtually every area of civil law. I have also assisted hundreds of parties - both represented and unrepresented litigants - resolve their disputes, and have developed a reputation for hard work, fairness and good temperament.
As a volunteer Arbitrator in the Civil Court for several years, I also had the opportunity to conduct many trials and to evaluate testimony and evidence presented by the parties (mostly appearing without attorneys).
My involvement in numerous professional and community service organizations has provided me with an additional opportunity to work with lawyers, judges and diverse members of the community in settings other than the Courtroom. Attached is a copy of my resume which provides additional details about my background and these activities.
I believe these combined experiences have given me the insight and sensitivity to understand the concerns of all those who will appear before me and the patience and determination to work hard to obtain fair and just results.
Thank you for your time and consideration.
Sincerely,
Michael L. Katz
LEGAL EXPERIENCE
Principal Court Attorney, HONORABLE BARBARA R. KAPNICK
SUPREME COURT OF THE STATE OF NEW YORK,
New York County,April 1994 - Present
CIVIL COURT OF THE CITY OF NEW YORK,
New York County,January 1993 - April 1994
Arbitrator, SMALL CLAIMS PART OF THE CIVIL COURT
May 1998 - May 2006
Student Advocate, NEW YORK LAWYERS FOR THE PUBLIC INTEREST
June 1991 - May 1992
Legal Intern, CARDOZO BET TZEDEK LEGAL SERVICES
June 1990 - May 1991
EDUCATION
BENJAMIN N. CARDOZO SCHOOL OF LAW, NY, NY
J.D., May 1992
Jonathan Weiss Award - Public Interest Advocacy
BRANDEIS UNIVERSITY, Waltham, Massachusetts
B.A., May 1989 (Major: Psychology; Legal Studies)
Justice Louis D. Brandeis Essay Prize
(for study of the Massachusetts Probation System)
City of Waltham Service Award
Admitted to the Bar of the State of New York(Appellate Division, First Department)-Feb.1993
 In Sitar v. Sitar, John Sitar filed suit against his son Steven, his daughter-in-law Kristen, his lawyer Kevin McGraw, and the law firm of Mintz & Fraade, P.C., in connection with the sale of corporate assets.
John Sitar, the owner of Corstar Business Computing (Business Computing), agreed to sell the business to Corstar Communications, an entity owned and controlled by Steven and Kristen. The parties' agreement provided that the purchase price would be determined by Business Computing's profits while Steven and Kristen were running its operations. Kevin McGraw acted as the attorney for all parties to the transaction, and served as a member of Business Computing's board of directors. After the sale transpired, John alleged that McGraw failed to notify him of some unauthorized behavior which supposedly diminished Business Computing's value.
When the Westchester County Supreme Court granted McGraw's request to dismiss the case, John appealed to the Appellate Division, Second Department, which found the complaint adequately alleged malpractice by McGraw and Mintz & Fraade -- that McGraw represented both sides to the transaction, allegedly suffered from a conflict of interest, and allegedly failed to disclose information critical to Business Computing's purchase price. In other words, the complaint adequately pled a "breach of a duty of loyalty" and "breach of duty of care" against the lawyer and his firm.
Was that the last, McGraw?
To download a copy of the Appellate Division's decision, please use this link: Sitar v. Sitar
 Moments ago, we received an e-mail from political observer and commentator, Alan Flacks.
Has Alan uncovered yet another scandal plaguing this year's New York County "independent" screening panel?
Recently, the group voted out three "most highly qualified" candidates for the New York County Civil Court, and will be doing the same -- on Monday evening, June 30, 2008 -- for New York County Supreme. But should they?
Here's his report:
Judges' Organization Selects Judges!
This year's N.Y. County organization's screening panel for the State trial bench finds two panelists who should not be on it -- not only should not be on it, but with one panelist, there is definitely a conflict of interest and an appearance of impropriety: the designee from Judges and Lawyers Breast Cancer Alert (JALBCA).
JALBCA is not a bar association, and it is an organization with many judges as both members and directors and officers having a relationship with the panel applicants. Indeed, its first word is "Judges." Judges naming judges? (And this panel's administrator is on its board of directors.)
Further, the County's judiciary committee did not ask JALBCA. How did it get there?
In the case of the Jewish Lawyers Guild, that organization was specifically not invited. ["The Jewish Lawyers Guild is an organization of lawyers and jurists founded in 1962 upon fellowship and faith in tradition." -- Their statement.] It was considered by the judiciary committee and rejected. It is neither a bar association nor a community organization.
How did its person get on the panel?
Both of their panelists are improper and must not vote.
Flacks also revealed the identities of this year's members of the "independent" screening panel by name and affiliated organization. (This list has not been independently verified.) They are:
Albania C. Almanzar, Esq.........Dominican Bar Assn.
Laurie Berke-Weiss, Esq...........Fordham Law School
Cirino M. Bruno, Esq.................Columbian Lawyers Assn.
Robert Y. Chung, Esq................Asian-American Bar Assn.
Regina L. Darby, Esq.................N.Y.S. Trial Lawyers Assn.
Telesforo del Valle, Jr., Esq........Puerto Rican Bar Assn.
Joseph M. Drayton, Esq.............Metro. Black Bar Assn.
Herbert Eisenberg, Esq..............Nat'l Employment Lawyers Assn.
Donald Frank, Esq.....................Am. Acad. of Matr. Lawyers (NYS Chap.)
Eugene A. Gaer, Esq.................Assn. of the Bar of the City of New York
Martha L. Golar, Esq..................Judges & Lawyers Breast Cancer Alert
Patricia a. Grant, Esq.................N.Y. Women's Bar Assn.
Dorothy I. Gordon.......................Mid-Manhattan N.A.A.C.P.
David Hoffman, Esq...................Jewish Lawyers Guild
Todd V. Lamb, Esq....................Lesbian & Gay Law Assn.
Jonathan Y. Ng, Esq...................Asian Amercans for Equality
Runa Rajagopal, Esq..................MFY Legal Services
Joshua F. Scheier, Esq...............Assn. of Legal Aid Attys.
Glenn H. Spiegel, Esq.................LGBT Community Ctr.
Erica Terrell.................................Harlem Children's Zone
[County guidelines ask for, but do not demand, at least one third of the panelists be lawyers and at least one third be lay people. Here we have only two non-lawyers.]
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 Aitzaz Ahsan, President of the Supreme Court Bar Association of Pakistan and the
leader of the "Lawyers' Movement" in that country, will speak at the New York City
Bar on Tuesday, July 1st, 2008, at 9:00 a.m. Mr. Ahsan will discuss the latest
developments regarding the legal system and judicial independence in Pakistan.
Please join us for breakfast as Mr. Ahsan provides an update on the historic events
taking place in Pakistan.
Who: Aitzaz Ahsan, President of Pakistan's Supreme Court Bar
Association and "Lawyers' Movement" leader
When: Tuesday, July 1st, 2008 -- Breakfast: 8:45 a.m./Program: 9:00 a.m.
Where: New York City Bar Association, 42 West 44th Street
Register by clicking here: Pakistani Justice
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We hear Nancy Bannon -- one of three candidates found "most highly qualified" by an "independent" screening panel to run for a Manhattan Civil Court judgeship -- is aggressively pursuing the slot and is the first to hold a "meet and greet" for political leaders.
Here's a copy of the invitation (for an event on Sunday, June 29, 2008) that is being circulated to politicos:
Continue reading "NANCY BANNON FOR CIVIL COURT" »
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