Brooklyn Bar Association News

Consider it a, "New and Better Normal."

All New York State court employees, including all judges, will return to their respective buildings on May 24, but as Chief Judge Janet DiFiore pointed out during her recent address to the legal community that doesn't mean a full in-person return to the courts. Instead, Chief Judge DiFiore explained that the court will continue to implement COVID safety measures and will still rely on its virtual court model in many instances.

"I’m pleased to report that our plan for the return of all judges and court staff to their assigned courthouses by May 24th is going smoothly," Chief Judge DiFiore said. "Staffing levels are increasing incrementally with each passing week as our Administrative Judges and court managers work through the different safety, operational and logistical issues in all of our courthouses. Obviously, the physical return of our judges and professional staff will enable us to responsibly expand in-court operations and services, and conduct more jury trials -- 65 of which are scheduled for this coming week -- while giving judges the ability to schedule additional in-person proceedings where doing so would serve important interests of access to justice or court operations."

The courts will continue COVID screening and temperature checks at entrances, face masks, PPE and social distancing will still be required and the strict cleaning and sanitizing standards will remain. Overall, the Chief Judge said that they don't expect, at least in the immediate future, to have a large increase in the number of lawyers, litigants, and court users into the buildings.

"In the majority of cases that come before us, we have the option of continuing to rely on our virtual court model where appropriate,' Chief Judge DiFiore said. "Fifteen months after COVID-19 compelled us to transform court operations overnight, virtual proceedings are no longer an “experiment” but have proven to be an effective method of moving cases closer to resolution while ensuring that litigants and lawyers can have their matters heard in a convenient, timely and cost-effective manner. As we move forward into our 'new and better normal,' there is no doubt that many types of virtual proceedings and services will become permanent features of our court operations, even after the pandemic subsides. As part of our commitment to incorporate the delivery of virtual services where appropriate, we are providing targeted technology training to our judges and court staff on a regular basis, both at the local and statewide levels."

The Office of Court Administration is hosting a "Live Technology Training Series" each Wednesday from 1:00 PM to 2:00 PM during May and June. These sessions are a response to feedback by judges and chambers staff and will focus on using Microsoft Teams for all aspects of virtual proceedings, how to leverage Court Research Reporting and Dashboard resources, working with laptops 101, and editing PDF documents.

"With regard to our virtual courts, I’m pleased to report that well over 1,100 online bench trials and hearings were commenced last week, and that our judges and staff remotely conferenced more than 24,300 matters; settled or disposed of more than 5,800 of those matters; and issued more than 2,200 written decisions on motions and other undecided matters," the Chief Judge said. "Of course, as we follow through on our commitment to virtual court services, we will take great care not to exacerbate existing inequalities in court access for low-income New Yorkers, especially those who face what we know to be a 'Digital Divide,' a lack of access to what many of us take for granted: digital broadband and Wi-Fi availability, adequate data plans and smartphone minutes, and basic computer equipment."

There is currently a pilot program called "Community Court Access" running in Albany-area courts to provide people who lack home computers or reliable internet service with a space in their neighborhoods where they can access virtual court proceedings, e-file documents, and connect with legal services including pro bono attorneys. These sites are equipped with video cameras, scanners, and technology necessary to fully participate in proceedings. Private space is also available for people to prepare court documents and court employees and community liaisons are on site to offer assistance.

BBA Stands in Solidarity With Those Who Value Diversity

May is the perfect month to celebrate the Brooklyn community’s diversity.  It is both Asian Pacific American Heritage Month and Jewish American Heritage Month.  Among the holidays celebrated are Cinco de Mayo (May 5), which recognizes Mexican culture and heritage; Eid al-Fitr (May 12-13), which marks the end of Islamic holy month of Ramadan; and Shavuot, a Jewish holiday (May 16-18) that commemorates the giving of the Torah.  The month closes with Memorial Day (May 31), when we recognize and honor our military veterans -- men and women of all races, ethnicities, and religions -- who died in wars to defend our country. The message of May: There is no room for hate within America’s borders or on its streets.

With this message in mind, the Brooklyn Bar Association (BBA) pledges to stand in solidarity with the Asian American and Pacific Islander (AAPI) and Jewish members of our community. According to a  recent report issued by the Asian American Bar Association of New York, titled “A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions,” incidences of  anti-Asian hate and violence in the New York City area “skyrocketed in 2020.” (Please see the full report here).  Similarly, incidences of anti-Semitic hatred and violence have increased dramatically in New York City and throughout the world. The BBA condemns all acts of hatred targeting people because of their race, ethnicity, or religion.  The promise of this great nation is freedom and justice for all.  The realization of this promise can be found in a society that values its diversity in May -- and every month in the year.

The Brooklyn Bar Association is committed to promoting the values of diversity and inclusion in order to achieve and sustain excellence in the legal profession and to advance the fair administration of justice. Diversity refers to, among other things, race, age, ethnicity, gender, religion, disability, socioeconomic status and sexual orientation. The BBA recognizes the inherent worth and dignity of all people and offers opportunities to serve members of the profession and the public through outreach and educational programs.

After abruptly closing the courts for many in-person operations in March 2020, Chief Judge Janet DiFiore announced on Monday that all judges and court employees will return to their respective buildings by May 24 for in-person operations.

"Effective Monday, May 24th, all judges and court staff will be required to physically return to work in their assigned courthouses," Chief Judge DiFiore said in her weekly address to the legal community. "It is time to return to our normal and full courthouse staffing levels in order to support the fuller resumption of in-person operations, including jury trials and other proceedings in our courts."

Chief Judge DiFiore cited the availability of vaccinations, the easing of indoor public health restrictions, and the decline in COVID positivity rates and hospitalizations for the reason for sending employees back to in-person work.

"Our plan to restore full staffing is in line with the state’s reopening efforts, and with the latest public health guidance," Chief Judge DiFiore said. "The extensive safety measures that we have implemented to protect the health of everyone working in and entering our buildings, including: COVID screening and temperature checks; disciplined use of face masks and PPE; social distancing protocols; installation of acrylic barriers; and strict cleaning and sanitizing, will continue."

When court employees return to their buildings on May 24, operations will not immediately return to normal. Instead, Chief Judge DiFiore explained that they are coming up with a plan to keep courthouses less crowded and they will physically limit the number of people in the buildings. The goal is to do this by continuing the use of remote technology when appropriate.

Click here to read Chief Judge DiFiore's entire message.

The Brooklyn Bar Association

deeply mourns the passing of 

Honorable Paul G. Feinman

The following is a statement from Hon. Janet DiFiore, the Chief Judge of the State of New York:

It is with deep sadness that I announce the death today of our beloved colleague, Paul G. Feinman, Associate Judge of the New York Court of Appeals. Judge Feinman was a bright, experienced and knowledgeable jurist who made an extraordinary impact on the Court of Appeals and the law of our state. He was also a kind and gentle man who was loved by many.

 

Judge Feinman graduated from the University of Minnesota Law School in 1985 and began his legal career as a Staff Attorney with the Appeals Bureau of the Legal Aid Society of Nassau County. In 1989, he entered the court system as Law Clerk to Hon. Angela M. Mazzarelli in Supreme Court, New York County, and later served in the Appellate Division, First Department. Judge Feinman was elected to the New York City Civil Court in 1996, and to the Supreme Court for the First Judicial District in 2007. He was appointed by Governor Andrew Cuomo to the Appellate Division, First Department, in 2012, and to the Court of Appeals in June 2017. 

 

Judge Feinman served with excellence at every level of our Judiciary, and his broad experience, knowledge and wisdom earned him the respect and warm personal regard of his judicial colleagues. Judge Feinman was a meticulous, disciplined and humble jurist who weighed the legal interests at stake in each case with great integrity in order to arrive at the correct and just result. His scholarly, well-written opinions reflect a deep knowledge of the law balanced with a generous humanity and commitment to justice. Judge Feinman had enormous respect for the Court of Appeals as an institution. Even as his illness progressed, his productivity and the quality of his writings and contributions never suffered. And no one could want for a warmer or more caring colleague than Paul Feinman.

 

Throughout his career, Judge Feinman was a tireless and resolute champion of LGBTQ rights, a trailblazing pioneer for LGBTQ lawyers and judges and an incredibly dedicated mentor who inspired countless judges, attorneys and law students. Judge Feinman devoted his entire professional life to public service and he gave back generously to our courts and the legal profession in innumerable capacities, including as Chair of the New York State Justice Task Force, Past President of the International Association of LGBT Judges and Past President of the Association of Supreme Court Justices of the State of New York.

 

Judge Feinman was the essence of personal and professional integrity, decency and civility. No one who knew Judge Feinman could be unmoved by his personal warmth and empathy, good humor and sparkling intelligence. He was a singular human being who has left a proud and enduring legacy for all of us.

 

We mourn Paul's passing, but we will always be inspired by his life and legacy. On behalf of the Judges and professional staff of the Court of Appeals and the entire New York State Unified Court System, we send our deepest condolences to Judge Feinman's husband, Robert Ostergaard, and his family and friends.

 

A private funeral service will be held for Judge Feinman's family and friends.

If you are looking for help navigating the Surrogate's Court there are resources available.
 

FREE E-FILING CLE THROUGH NYSCEF

Attend a free e-filing training session with members of the NYSCEF Resource Center staff. These two-hour sessions are FREE worth two CLE credits. It will guide you through your first Surrogate's Court filing, review court rules, and provide helpful tips to avoid problems in the court. 

There are four upcoming sessions — all sessions are online using Microsoft Teams.

• May 20, 2021 @ 10:00 AM - 12:00 PM
• June 17, 2021 @ 10:00 AM - 12:00 PM
• July 15, 2021 @ 10:00 AM - 12:00 PM
• August 19, 2021 @ 10:00 AM - 12:00 PM

Pre-registration is required and sessions fill up quickly. Go to www.NYCourts.gov/efile and click on the "register for training" link.
 

NYSBA Offer's Mediation of Surrogate's Court Cases CLE

The NYSBA is offering a CLE webinar on Thursday, April 15, 2021 at 6:00 PM worth 1.5 credits that will explore mediation in the Surrogate's Court. It will discuss why mediation is good for litigators, how it can be a great tool for trusts and estates planning, it will cover two possible mediation tracks, explain the NYS Presumptive ADR Initiative, and the difference between mediation and arbitration.

You can register for that event on the NYSBA's website by clicking here.
 

JOIN THE BBA AT OUR SURROGATE'S COURT/TRUST & ESTATES MEETING FRIDAY

This Friday, March 26 at 1:00 PM, the Brooklyn Bar Association will host a free Surrogate's Court Committee and Trusts & Estates Section meeting that is open to all members. 

In an effort to help attorneys navigate a system that has been upended by the COVID-19 pandemic, the Brooklyn Bar Association has decided to open its committee meetings to the membership at large. These meetings do not qualify for Continuing Legal Education (CLE) credit, but instead give members an opportunity to see the concerns of these two committees, hear from Bar Leaders on relevant updates to the law and courts, network, and there will also be an opportunity for questions.

The meeting is open to all members who would like to attend. You do not need to be a member of either committee. Click here to register.

Click here for a copy of the meeting's agenda.
 

REMINDER: Credit Card Fee Added for All E-Filing Done Through NYSCEF

Beginning April 1, 2021, the Unified Court System will begin adding a service fee of 2.99 percent to all credit card payments submitted through NYSCEF.

Click here to read the announcement.

The Administrative Board of Courts is seeking public comment on a proposal to adopt ABA Model Rule 8.4(g), which would replace the current rule — Rule 8.4(g) of the New York Rules of Professional Conduct (22 NYCRR Part 1200, Rule 8.4 (g)).

On Friday, March 19, Eileen D. Millett, Counsel, Office of Court Administration circulated a memo to local bar associations that stated:

"Under New York’s current Rule 8.4(g), it is only considered misconduct if an attorney engages in unlawful employment discrimination and the victim of discrimination exhausts all remedies (e.g., by bringing a timely complaint before a tribunal with jurisdiction to hear the complaint, receiving a certified determination by the tribunal that the lawyer engaged in unlawful discriminatory practice, and where the right to judicial or appellate review has been exhausted).

"In contrast, the ABA Model Rule 8.4(g) states that it is “professional misconduct for a lawyer to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination” on the basis of “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status,” though it does not preclude legitimate advice or advocacy consistent with the Rules of Professional Conduct (Ex. A – ABA Formal Opinion 493, p. 5). Under the Model Rule, harassment and discrimination in practice-related settings beyond the courtroom (such as law firm social events or bar association functions) and beyond the employment context (such as interactions between lawyers at different firms) are also prohibited. Some other jurisdictions, such as Vermont, New Mexico, and Maine, have adopted rules similar to ABA Model Rule 8.4(g).

"Attached as Exhibit A is the American Bar Association’s Standing Committee on Ethics and Professional Responsibility’s formal opinion 493 (“Opinion”) on Model Rule 8.4(g). Attached as Exhibit B is the New York City Bar’s Professional Responsibility Committee’s proposed amendment to New York Rule of Professional Conduct 8.4(g). The City Bar’s proposal differs from ABA Model Rule 8.4(g) in that, rather than saying that it is “professional 2 misconduct” for a lawyer to engage in harassment or discrimination knowingly on specified bases in conduct related to the practice of law, the City Bar’s rule says that a lawyer or law firm “shall not” engage in conduct related to the practice of law that the lawyer knows or should know is harassment or discrimination on specified bases."

Anyone wishing to comment is asked to email rulecomments@nycourts.gov or to write to Eileen D. Millett, Esq., Counsel, Office of Court Administration, 25 Beaver Street, 11th Fl., New York, New York, 10004. All submissions are expected by June 18, 2021.

Click here to read the memorandum in its entirety and to examine the attached exhibits included.

The legal community has adapted to the use of technology over the past year like in no other time in the professions history, but the NYS Unified Court System wants to make sure that people aren't getting too comfortable during virtual hearings and has issued guidance on suggested decorum.

On Thursday, Hon. George J. Silver and Hon. Vito C. Caruso, the Deputy Chief Administrative Judges for inside and outside New York City, respectively, issued the following statement:

"The COVID-19 pandemic has required all courts across New York State to innovate and adapt in order to continue to provide the effective and efficient administration of justice and Access to Justice for all court users consistent with the highest standards of Chief Judge DiFiore's Excellence Initiative. Our courts have uniformly transitioned to Microsoft Teams as a platform to conduct virtual proceedings. Appropriate decorum/etiquette is a necessity during all virtual court proceedings."

The judges referred to virtual proceedings as a formal appearance and said attorneys should ensure the following:

1. "Dress in appropriate attire, as if you were appearing in-person in court"
2. "Display an appropriate and professional background"
3. "No consumption of food or drink during the proceeding"
4. "Remain professional and dignified"
5. "As in ln-Person proceedings, only one person should be speaking at a time"

The memorandum can be read in its entirely here.

The New York State Courts recently announced that it will begin charging a 2.99 percent service fee along with all credit card payments submitted through the NYS Courts Electronic Filing (NYSCEF) system beginning April 1, 2021.

Here is the announcement in its entirety:

"Commencing April 1, 2021, and due to continuing budgetary concerns, the Unified Court System will no longer pay the service fee for credit card transactions initiated by court users. Consequently, a service fee of 2.99% of the payment amount will be assessed on all credit card payments submitted through NYSCEF.

"Note that neither the Office of Court Administration nor the Unified Court System receives any portion of the service fee.

"When you file electronically and use a credit card, there will be two transaction numbers generated, one for the court fee and one for the service fee.

"The Court System is continuing to explore other technologies for electronic payments that minimize processing fees."

You can also click here to read the announcement.

The Brooklyn Bar Association

deeply mourns the passing of 

Eugene Hurkin

If there was one thing Eugene Hurkin lived for, it was to laugh and make others smile too. And if a joke was good enough to tell once—it was good enough to tell a thousand times. Every time Eugene and his family drove past a cemetery he would ask “Why do cemeteries have fences?” In unison, his family would yell back “Because everyone is dying to get in.”

bAnd even when battling dementia for the last 11 years of his life, his sense of humor and good nature continued until the end when he died at home from Covid-19 on January 8, 2021. 

Eugene was born on November 21, 1925 in Reading, Pennsylvania—but eventually moved to Brooklyn. He attended New Utrecht High School and joined the cross-country track team, which was one of his great passions. He was also practicing long jumps out of his bedroom window in order to sneak out to go to track practices which his mother had prohibited. He graduated from Brooklyn College and Brooklyn Law School (class of 1950). He practiced Landlord-Tenant law at 282 Atlantic Avenue and worked in real estate for 46 years and even after his retirement worked pro bono in the community.

Eugene wore bright, flamboyant suits all week while working in the Housing Court, but at the end of each week, he traded in the suits for a Boy Scout Campmaster uniform to go camping in the great outdoors. Eugene became active in the Cub Scouts in the early 1970s with his son and then with the Boy Scouts for almost 45 years. As a Scout Campmaster, he wore his uniform proudly as a badge of brotherhood. The Scouts provided him with a life of comradery, friendly competition, the mentoring of young people, the regular acquisition of new skills, and just plain fun.

He was also a longtime member of the Brooklyn Heights Synagogue and helped them purchase their original building at 117 Remsen Street.

Towards the end of his life, Eugene still enjoyed joking around even though it was to an audience he didn’t know due to his memory loss. His family would take him shopping on Atlantic Avenue where many people there knew him and would greet him, patting him on the back and letting him know how much they liked him and appreciated all the great legal work he did for them. He didn’t let on that he didn’t remember them, but when they left he would always say “Wow, I must have been a great guy.”  I know his family and friends would agree.

Eugene is survived by his children Jean, Allen, and Ruth and his grandchildren Dean, Jack, and Dailen. There was no funeral service due to the pandemic. He was buried at Green-Wood Cemetery in Brooklyn in his Scout uniform alongside his wife, Rosalie, who died in 1996.