NYSBA Elder Law Section: POA Revision Delayed Until 9-01-09

We are pleased to report that Governor Patterson has signed legislation extending the effective date of the new Power of Attorney statute which delays its effective date from March 1, 2009 until September 1, 2009.

I also want to thank the efforts of NYSBA staff members Ronald Kennedy and Kevin Kerwin in helping get this change approved by the Assembly and Senate and signed into law by the Governor.

We will be updating you more extensively on this new statute by enews and at upcoming programs including our Section’s Unprogram in Poughkeepsie on April 23 and 24, the Basic Skills programs at many sites in early May and at our Summer meeting in Washington D.C. July 23-26.

Timothy E. Casserly, Esq.
Chair, Elder Law Section

NOTICE – To all members of the Northern District Bar

The United States District Court for the Northern District of New York is
seeking qualified applicants for the position of a full-time United States
Magistrate Judge to be located in Syracuse, New York. The Public
Announcement and Application Form are available on the Northern District of
New York website at:

http://www.nynd.uscourts.gov/documents/newmagistratejudgepublicnotice09.pdf

Thank you

Lawrence K. Baerman, Clerk

NY: Understanding the Revised Power of Attorney Statute


The New York Law Journal – Free With Registration: Elder Law

Elder Law

Understanding the Revised Power of Attorney Statute

By Daniel G. Fish
February 24, 2009
A recent amendment to the General Obligations Law1 has made a total revision to the power of attorney statute. It is hard to exaggerate the scope of the change. Four sections were repealed, 12 sections were amended and 13 new sections were added. Only two sections of the prior law were neither repealed nor amended.

***

Read the full text of the article here.

Practice Management and the New Rules of Professional Conduct


Tuesday, February 24, 2009
Sponsored by the Committee on Law Practice Management and the General Practice Section

 

Practice Management and the New Rules of Professional Conduct
CLE Teleconference

Find out how the new rules affect your practice

Tuesday, February 24, 2009

12:00 p.m. – 2:00 p.m.
(Eastern Time)
Moderator:
Professor Gary Munneke

Speakers:
Marian Rice, Esq.
Thomas Rice, Esq. 

On April 1, 2009, the New York Rules of Professional Conduct will replace the existing Disciplinary Rules. In addition to adoption of ABA Model Rules Format, the new rules bring changes that affect the manner in which you manage your law firm or practice on your own. Learn the overall format of the newly enacted Rules and how the Rules:

Significantly change the manner in which a conflict of interest should be analyzed and resolved;

Alter the existing rules on the relationship between attorney and client and the allocation of authority in the attorney client relationship;

Impact upon the current letters of engagement rules and the circumstances under which attorneys may agree to a division of fees;

Set forth the attorney’s responsibilities and duties to prospective clients who have not engaged the attorney;

Affect the current definitions of attorney-client communications;

Delineate the role of an attorney when dealing with a client of diminished capacity;

Permit, under certain circumstances,evaluations to one other than the client;

Define the role of the lawyer as a third party neutral;

Specify an attorney’s obligations before a tribunal;

Expand an attorney’s obligation in speaking with unrepresented parties;

Include direction on the inadvertent receipt of documents and respect for the rights of third persons; and

Set forth aspirational goals for pro bono service.

register at www.nysba.org/practicemanagementcle

Complete Obituary for Patrick J. Cannon

  Click here to View and Sign Guest Book View/Sign Guest Book

Patrick J. Cannon    
STAMFORD _ Patrick J. Cannon, 64, of Stamford, passed away at A.O. Fox Memorial Hospital, Oneonta, on Sunday, Nov. 2, 2008, following a brief illness. 
Pat was born Aug. 23, 1944, in Albany, son of Raymond and Ann Cannon. He attended the University of St. Bonaventure and earned his bachelor’s degree in business administration from Ithaca College. He attended Albany Law School and was admitted to the New York State Bar Association in 1972. 
Pat practiced law at Jacobs and Jacobs, Esqs., of Stamford for many years. Additionally, he served as confidential law clerk for the New York State Supreme Court under Honorable Justice Robert Harlem. From 1992 until 2000, he served as the Delaware County Chief assistant district attorney, a position he truly enjoyed. One of his proudest professional accomplishments was successfully arguing a Fourth Amendment case before the New York State Court of Appeals. Their decision was later challenged and was ultimately presented to and upheld by the United States Supreme Court. 
Pat was a selfless and loving husband, parent, and grandparent. His greatest joy in life was spending time with his wife and best friend, Anne, his children, and his grandchildren. He was adored and admired by his family and will be greatly missed. Despite his ever hectic schedule, he never missed any of his children’s games or school events, and most recently took great pride in watching his grandson Kevin’s Little League games. He also dearly loved his dogs, Archie and Seamus. 
Always a devout Catholic, Pat dedicated time to teaching religious education and serving as a eucharistic minister. He was a proud member of the Sacred Heart Chapter of the Knights of Columbus, serving as Advocate for the chapter. He also spent many years as president of the Catskill Mountain Little League. 
Pat is survived by his wife, Anne; daughter, Heather and son-in-law Tim Clark, of Stamford, daughter, Katie of Stamford; son, Brian and daughter-in-law Kimberly, of Poughkeepsie; son, Patrick and girlfriend Nichole VanHoesen, of Stamford; three grandchildren, Kevin, Emily and Reilly; two sisters, Kathleen Ciarico and husband Mike, of Rochester, and Maureen Carline and husband Joseph, of Yorktown Heights; sister-in-law, Grace and husband Jim Tierney, of Albany; nieces, Christine Huff, Katie Wallace, Betsy Carline, Michelle Tierney and Amanda Tierney; and two nephews, Joseph Carline and Michael Tierney. 
Pat was predeceased by his son, Kevin Patrick Cannon. 
Friends and relatives are invited to call from 2 to 4 p.m. and 7 to 9 p.m. Thursday, Nov. 6, 2008, at the Hall-Tari Funeral Home, Stamford. 
A Mass of Christian burial will take place at 11 a.m. Friday, Nov. 7, 2008, at Sacred Heart Church in Stamford. A reception will follow at the Sacred Heart Parish Hall. 
Contributions may be made in his name to the Stamford Fire Department, 111 Main St., Stamford, NY and the Christmas Feeling Fund, 108 Main St., Stamford, NY 12167.
Celebrate a Legacy — Create a Memorial Website for Patrick J. Cannon
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Published in The Daily Star from 11/4/2008 – 11/5/2008

Announcement–Free CLE

WHEN: Wednesday, November 12, 2008
8:30 A.M. to 4:00 P.M.
WHERE: Sixth Judicial District Office
State Office Building
44 Hawley Street 
18th Floor – Room 3
Binghamton, New York
WHY: CLE Credits:  1.5 – ethics
     5.0 – professional practice
There is no commitment on your part, but it is
hoped that you will consider becoming an Arbitrator for the Fee Dispute Program.
COST: FREE
VICTUALS: Refreshments and lunch provided
WHAT TO DO: Sign up by contacting Stephen H. Judd, Esq. 
Tel: 607-547-7585
HURRY  – the program is limited to the first 
35 applicants!

[DelCoBarAssn] Bar Assoc / Request from Stephen Judd o/b/o Admin Judge Coccoma for fee dispute arbitrators

From Stephen H. Judd:


I am the Law Clerk for the Honorable Michael V. Coccoma, the new Administrative Judge for the 6th Judicial District.  By reason thereof, I am the administrator of the Fee Dispute Resolution Program (22 NYCCR Part 137).    
Presently there are 15 arbitrators; however, this number is insufficient and overworked.  Please canvas your respective members and ascertain if anyone would be interested.  The training is typically 6 hours and CLE credit is offered (at no expense to the participants).  The location of the training will depend upon the number interested and where they reside.
If you have any questions, please do not hesitate to contact me.
Thank you for your prompt attention to this matter, and I look forward to hearing from you in the near future.
Stephen H. Judd


SJUDD@courts.state.ny.us

Delaware County Family Treatment Court Vacancy

August 5, 2008


Delaware County Bar Association

re: Notice for Vacancy
Respondent Attorney Team Member for the Delaware County Family Treatment Court

Our Team is searching for an attorney willing to take on the commitment for supporting the Participants in our Family Treatment Court.  To avoid conflicts of interest, attorneys should not be on the Delaware County assigned attorney list or represent respondents in Delaware County Family Court. The Attorney’s time would be paid for by the County’s 18-B plan (assigned counsel).

The Respondent Attorney would be required to participate in all team meetings held on the first and third Mondays of each Month, generally held 1:30-3PM. The attorney is then also asked to attend each court session held the same day 3-4PM; in order to best serve the Participants in the Court. The Attorney will be kept informed of case events and updates by email daily and will receive program agendas, by email, the Friday prior to team meetings.

Current team members are: Hon. Carl F. Becker (presiding over both Drug Treatment Court and Family Treatment Court) Chief Clerk Lori Metzko, Chief Clerk Allison Barnes, Resource Coordinator Kelly Sanfilippo, DSS Attorney Porter Esq. Kirkwood, Law Guardian Christine McCue Esq., David Ramsey (Delaware County Drug and Alcohol Council), Cynthia Heaney (Director of Delaware County Alcohol and Drug Abuse Services), Anne Marie Mills (Delaware County Mental Health Clinic), Caseworker Scott Burrows and Supervisor Tatiana Amadon (DSS Staff)

If you have any questions or wish to express your interest in observing our program, please contact myself at the number below.

Sincerely,
Kelly Sanfilippo
Resource Coordinator                                                                          
607-746-2592   

Court Resources–New York

 

The New York State Parent Education and Awareness Program – Certified

providers statewide help separating or divorcing parents better

understand the effects of their breakup on their children. The program,

which in many cases is free, offers parents practical skills to help

their children adjust to their new family situation. The online link

would direct the public to the Program’s web page with a list of

providers and contact information, www.nycourts.gov/parented 

 

Court Interpreting Services – The online link would direct the public

to a web page including details about the role of court interpreters and

general requirements of the position. The online page would also provide

the public with information about obtaining interpreting services, at no

cost, in over 100 languages, www.nycourts.gov/courtinterpreter 

 

Official Court Forms Free – The online link would direct the public to

CourtHelp a web page where court users can download official court

forms, at no cost, for family law, divorce (uncontested) civil law and

other court matters, http://www.nycourts.gov/courthelp/forms.html

Delaware County (NY) Courthouse Gets Free Wi Fi

Pete Nowacki, chief techie for the 6th JD has asked that the bar be informed that the Delaware County Courthouse now has free internet wireless service.

All that is needed is a laptop with a wireless card.

However, there is no tech support.

Sign on instructions?

Here is the response from Pete Nowaki:

“I don’t think there really are any. It may come to a screen that says you are on the court system’s public network and do you accept the terms? You click “yes”, and you should be good to go.”