Monday Lunch

John D. Crocker RIP

lennyesq — Tue, 14 Dec 2010 21:26:57 +0000

December 14, 2010

John D. Crocker

DELHI _ John D. Crocker, 95, passed away on Monday, Dec. 13, 2010, after having a long and fulfilling life.

He was born in Macedon, Wayne County, on April 20, 1915, the son of George E. Crocker and Mary (DeReu) Crocker.

He graduated as valedictorian from Macedon High School. He graduated from Brown University in 1937, with final honors in history. He was a member of Phi Beta Kappa, the national honor society.

Entering the United States Army in September of 1941, before Pearl Harbor, he graduated from Officers Candidate School and was assigned to Camp Hood, Texas, where the tank destroyer forces were being trained and activated. He served in the European Theater as a company commander in the 648th Tank Destroyer Battalion and participated in the Rhineland and Central Europe campaigns, including the capture of Saarbrucken and the encirclement of the Ruhr.

He graduated from Cornell Law School in 1947, and entered state government as a law assistant in the office of Governor Thomas E. Dewey.

Recalled to active military service during the Korean War, he served in the Judge Advocate Generals Corps as a military lawyer in Pusan and on Kojedo Island.

From 1955 to 1993, he practiced law in Delaware County as a partner in the law firm of Rushmore, Mason, Marcus and Crocker, with offices in Stamford and Delhi.

He was married to Arline M. Brower on Jan. 2, 1943, at Belton, Texas. She predeceased him on Feb. 21, 1999.

Surviving are two daughters, Anne Crocker Sosiak of Weston, Fla., and Amy Crocker Rossetti of Birdsboro, Pa.; and his three granddaughters.

He was a member of the Board of Trustees of the Cannon Free Library for many years and served as president. He was a life member of the Delaware County Historical Association and a past commander of the Donald W. Gleason Post of the American Legion.

A private burial will take place in the spring.

Contributions in his memory may be made to the Cannon Free Library or the Delaware County Historical Association.

http://thedailystar.com/obituaries/x2007170388/John-D-Crocker

Herman Gottfried–RIP

lennyesq — Thu, 29 Apr 2010 18:18:17 +0000

April 28, 2010

Former Margaretville lawyer fought for landowners

By Patricia BreakeyDelhi News Bureau

—- —

A former Margaretville lawyer died Saturday at the age of 99.

Herman Gottfried’s nephew, Robert Kramer, said Gottfried represented many area farmers, business owners and homeowners who lost their land when New York City used eminent domain proceedings to obtain land to build the reservoirs.

Gottfried practiced in Margaretville from 1949 — when he opened his own law firm — until he retired in 1990, Kramer said Monday.

“His life’s work was centered around Margaretville,” Kramer said. “Diane Galusha mentioned him in her book ‘Liquick Assets,’ which is the story of the building of the reservoirs.”

Kramer, of Cranbury and formerly of Andes, said Gottfried was “very charming, gregarious and intelligent, but low key at the same time.

“He did a lot of work for a lot of people; but he was proud of saying that he never had a business card. If anyone wanted his name and phone number he would write it down for them on a piece of paper.”

Gottfried was just six months shy of his 100th birthday when he passed away at Huntington Hospital in Huntington. Before becoming ill he had lived independently at his homes in Centreville, Mass., and Palm City, Fla.

Gottfried’s wife Margaret “Peggy” O’Neill, died Jan. 13, 2002.

A Brooklyn native, Gottfried was born Oct. 8, 1910, to German immigrant banker Morris Gottfried and his wife Fanny. He earned bachelor’s and master’s degrees in English literature at City College and then graduated from Brooklyn Law School. He went to work for New York City, heading the law department of the Comptroller’s office during the tenure of Mayor Fiorello LaGuardia.

He joined the U.S. Navy, serving as an officer aboard the USS Isherwood, a destroyer escort commissioned in April 1943 and assigned to duty in the Pacific Theater during World War II. The ship took part in the initial landings on Leyte Gulf in the Philippines in October 1944.

In 1991 Gottfried wrote: “We were the lead ship. We were fortunate to see Gen. Douglas MacArthur wade ashore and were alarmed when he was greeted by gunfire from snipers in the palm trees on shore. Isherwood loosed all its firepower into the fronds of the palm trees, and the snipers dropped like coconuts.”

Following the war, Gottfried was named acting corporation counsel in charge of the New York City Board of Water Supply office in Kingston. In 1949, he went into private practice to represent property owners, merchants and workers who were losing land, business and jobs to the city’s reservoirs.

Kramer said he used a section of the law to win substantial awards for his clients based on the value the property and businesses would have had in the years to come. He later assisted many area property owners affected by state highway construction and other public works projects.

The Gottfrieds were supporters of Margaretville Memorial Hospital, Fairview Public Library, the Margaretville Central School Scholarship Fund and Kingston Hospital, as well as libraries and hospitals in Cape Cod and Florida. In 1998, they donated to the Village of Margaretville the brick building they built on Main Street to house the Gottfried law practice.

Calls for State Insurance Threaten Property Transfers

lennyesq — Wed, 14 Apr 2010 20:01:32 +0000

Wednesday, April 14, 2010
By Adam Leitman Bailey and Dov Treiman

Adam Leitman Bailey, founding partner of Adam Leitman Bailey, P.C., and Dov Treiman, a partner at the firm, write:

Currently before the State Legislature are two bills that would inject the state in the business of title insurance, damaging New York’s standing as the capital of real estate transactions. One would broaden the power of the State Insurance Fund to provide a State alternative to the current private system of title insurance. The other would create a new state title authority for the same purpose. Many real estate attorneys see these bills as a threat, both to the heart of the safe transfer of real estate and to the capitalist system itself.

Read the full text of this article here.

Lawyers Helping Lawyers: In Good Times and Bad

lennyesq — Fri, 19 Mar 2010 20:17:31 +0000

Thursday, March 25, 2010
6:00 p.m. – 8:00 p.m. (registration at 5:30 p.m.)

LaTourelle Resort and Spa
1150 Danby Road, Ithaca, NY

The program is FREE to all attorneys, but pre-registration is required. Dinner is included.

This program has been approved for 2.0 MCLE credits in Ethics for all attorneys, including both newly admitted and experienced attorneys.

Co-sponsored by
The Tompkins County and Broome County Bar Associations; Lawyers Helping Lawyers Committees of Broome, Tompkins, Cortland, Chemung and Tioga Counties; and the New York State Bar Association Lawyer Assistance Program. This program is funded through a grant from the New York State Lawyer Assistance Trust.

Program Description
Presenters will share their perspectives on practicing law in a manner that enhances and integrates mental, emotional and spiritual health and development of community.

Agenda
5:30 – 6:00 p.m. Registration
6:00 – 6:15 p.m. Introduction
Mariette Geldenhuys, Esq., Mariette Geldenhuys Attorney at Law
6:15 – 6:40 p.m. A Lawyer’s Family Story of Depression
Hon. Michael J. Miller (Ret.)
Hinda Miller
6:40 – 7:05 p.m. A Lawyer’s Story of Alcoholism
Lenore Le Fevre, Esq.
7:05 – 7:30 p.m. Lawyers Helping Lawyers (panel discussion)
Hon. John C. Rowley, Tompkins County Court Judge
Charles Oliver Wolff, Esq., Law Office of Charles Oliver Wolff
Richard M. Wallace, Esq., Guttman & Wallace
7:30 – 7:55 p.m.
Lawyers Assistance Program
Paul Curtin, Outreach Coordinator, 4th Department New York State Bar Association’s Lawyer Assistance Program

7:55 – 8:00 p.m. Questions and Answers
For registration or additional Information please contact Sindy Garey, Director of the Broome County Bar Association bcbaexdir@stny.rr.com.

*** The meeting location includes a Spa and is offering a 15% discount on Spa services for attendees and a special $99.00/night room rate as well. For information on Spa services and reservations, go to www.augustmoonspa.com.

Terence Patrick O’Leary

lennyesq — Sat, 12 Dec 2009 19:32:41 +0000

Terry O'Leary

WALTON _ Terence Patrick O’Leary, 62, passed away peacefully, surrounded by his family on Friday, Dec. 11, 2009, after a courageous battle with cancer.

Terence was born in New York City on Sept. 26, 1947, to George and Margaret (Rice) O’Leary. Terry moved as a child with his family to Central Islip, Long Island where he spent his formative years. He was an avid and talented athlete and upon graduation from Central Islip High School was named MVP in baseball, basketball, and football.

He received his Bachelor of Arts degree in history from the University of Vermont, where he attended on an all-sports scholarship and played basketball and baseball.

After graduation from UVM, Terry attended St. John’s University School of Law in Brooklyn and then Jamaica and earned his Juris Doctor in May 1973. While attending law school, he married the former Teresa Loughran on Jan. 23, 1971. Upon graduation from law school the O’Learys moved to Delaware County, initially to Hamden for two years and then to their present home in Walton. Even after moving to Delaware County, Terry continued his interested in sports by playing on the local baseball team, playing basketball with the “over 30” crowd and could often be found in a pick-up game of basketball with the students at SUNY Delhi. In addition to playing, Terry coached in the community youth basketball program and the summer basketball league,

Terry will always be remembered as a gentleman and a friend to all who knew him. He treated everyone he met with respect as he had the ability to see the face of God in each person he encountered. He will also be remembered for his quick smile, cheerful demeanor and ever-present sense of humor.

Terry was a devoted and contributing member of St. John the Baptist Roman Catholic Church in Walton. He served God and his church as a legal adviser to the parish and past pastors, extraordinary minister of Holy Communion, lector, usher, religious education teacher and parish trustee. He was also a founding member of the Knights of Columbus, Our Lady of the Valley Council.

When he first arrived in Delaware County, Terry was employed by Lawrence Pierce of Delhi and soon thereafter became a member of the law firm of Paternoster, Estes and O’Leary in Walton. He later continued his career as a solo practitioner for the last 25 years. Terry was a member of the New State Bar Association, Broome County Bar Association and Walton Chamber of Commerce.

Terry is survived by his devoted wife of 39 years; four loving children, two loving children-in-law and four terrific grandsons who have brought him great joy; daughter and son-in-law, Kerry and Matthew Tarleton of Merrimack, N.H., daughter, Molly O’Leary of Washington, D.C.; son and daughter-in-law, Terence Joseph and Argi O’Leary of Hoboken, N.J., and son, Owen Patrick O’Leary of Albany. His grandsons are John Terence Tarleton, George Terence, Joseph Cormac and Finnian James O’Leary. He is also survived by three brothers, Peter (Carol) of Moriches, George (Sharon) or Orlando, Fla., Thomas (Gayle) of East New York, N.J. and four sisters, Margaret (Leonard) of Pawling, Mary (Paul) Flaherty of Rockaway, James (Thomas) Quinn of Rockaway and Kathleen O’Leary of Belleville, N.J.; godchildren, Brian O’Leary, Kate Winternitz and Kate Flaherty; many nieces and nephews, grandnieces and grandnephews. Additionally, he is survived by his mother-in-law, Alice Loughran of Floral Park; brother-in-law, Thomas Loughran and dear friend and brother and sister-in-law, Joseph (Theresa) Loughran of East Rockaway, and their three daughters as well as the remaining two of the “Legal Three Amigos,” his golf buddies and countless friends. Mr. O’Leary was predeceased by his parents and father-in-law, Joseph Loughran.

Friends and relatives are invited to call on Sunday, December 13, 2009 from 1 to 4 and 6 to 9 PM at the Courtney Funeral Home, 25 Townsend St., Walton. with recitation of the Most Holy Rosary at 8 p.m. at the funeral home. A Mass of Christian Burial will be celebrated at St. John the Baptist Church at 11 a.m. on Monday with the Rev. Michael Flannery, Celebrant. Burial will follow in Walton Cemetery. Memorial contributions in Terry’s memory may be made to The Church of Saint John the Baptist, 17-21 Benton Ave., Walton, NY 13856.

Condolences to the family may be made online by visiting our website atwww.courtneyfh.com.XX

REMINDER: FCBA Dinner

lennyesq — Tue, 08 Dec 2009 15:43:21 +0000

REMINDER

Members of the bar are cordially invited to attend a CLE program, and the Annual Meeting and Dinner of the NDNY Federal Court Bar Association, at The Albany Marriott this Thursday, December 10, 2009.

11:00 a.m. Complimentary Lunch Buffet
12:00 p.m. CLE Program* – “Speaking to Win: Effective Speaking for Lawyers” (presented by Steven D. Stark, Esq.)
4:30 p.m. Annual Meeting of the NDNY-FCBA
6:30 p.m. Annual Dinner

Presentation of the James R. Duane Award to the Honorable James P. King. The award, named in honor of the Honorable James R. Duane, the first Judge of the United States District Court for the District of New York, who also served as a delegate to the Continental Congress, a New York state senator and the Mayor of New York, will be bestowed on the Honorable James P. King. Judge King has had over 40 years of distinguished public service at the national and state level with the Executive, Legislative, and Judicial branches of government.

Distinguished Guest & Speaker – The Honorable Dennis Jacobs. Judge Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. Since 1997, Judge Jacobs has been a member of the Committee on Judicial Resources of the Judicial Conference of the United States, and he has chaired that committee since 1999.

The CLE program is complimentary to current NDNY-FCBA members (i.e., attorneys who join or renew prior to, or on the day of, the event).

Pre-registration is required. Please visit www.ndnyfcba.org for details and registration information.

Thank you for supporting the NDNY-FCBA.

Lawrence K. Baerman
Clerk – USDC
Northern District of New York

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

lennyesq — Fri, 27 Feb 2009 19:45:08 +0000

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

lennyesq — Tue, 24 Feb 2009 22:08:06 +0000

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

lennyesq — Tue, 24 Feb 2009 16:13:11 +0000

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

lennyesq — Wed, 18 Feb 2009 18:49:59 +0000

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.