Judicial Offices
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Associate Justice of the Appellate Division of the Supreme Court, Second Judicial Department. Appointed by Gov. Pataki on August 25, 2005. Appointment expires December 31, 2013.
Justice of the Supreme Court, Ninth Judicial District. Elected
November 2, 1999. Term in office expires December 31, 2013
Judge of the Westchester County Court. Appointed by Gov. Pataki on
May 9, 1997 and confirmed unanimously by the New York State Senate on May 28, 1997. Served from June 4, 1997-December 31, 1997.
Town Justice, Town of Yorktown. Served from January 1, 1988-June 4, 1997.
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Other
Professional
Experience |
Adjunct Professor, New York Practice, Fordham School of Law, Spring 2008
Partner, Dillon & Sarcone, L.l.p., White Plains, New York. January 1, 1998-December 31, 1999.
Trial Attorney, Cerussi & Spring, White Plains, New York. January 1, 1988-
June 4, 1997.
Assistant District Attorney of Westchester County. March 1985-December 31, 1987
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Admission
to the Bar |
New York State, Connecticut, Massachusetts and the District of Columbia
United States District Courts for the Southern, Eastern and Western Districts of New York, the District of Connecticut and the District of Massachusetts
United States Courts of Appeals for the First and Second Circuits
United States Tax Court
United States Claims Court
United States Supreme Court |
Education |
Colgate University, Hamilton, New York (B.A., 1981)
Fordham Law School, New York, New York (J.D., 1984)
University of Salzburg, Salzburg, Austria (DIPL. INT’L. LAW, 1985)
New York University, New York, New York (M.A., 1990)
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Publications &
Leading Cases |
“The CPLR’s Most Dangerous Discovery Statute,” New York Law Journal, March 28, 2003, p. 4, col. 4 (Vol. 229). Article summarizing the procedures and pitfalls of Notices to Admit under CPLR 3123.
“Requiring Witnesses to Answer at Deposition,” New York Law Journal, October 22, 2001, p. 1, col. 1 (vol. 226, No. 78). Article regarding the five limited categories of circumstances when deposition witnesses may validly refuse to answer deposition questions.
“Obtaining Out-Of-State Witnesses and Documents for Discovery And Trial,” 28 Westchester Bar Journal (Spring 2001). Article regarding the Commission procedure available under CPLR Rule 3108 for obtaining out-of-state material or witnesses over whom a New York Court has no power of subpoena.
“Judge’s Corner,” 24 Westchester Bar Association Newsletter, p. 2 (October 2000). Article regarding verdict values in Rockland County.
“Serious Injury Test Does Not Travel Well,” New York Law Journal, October 16 2000, p. 1, col. 1 (Vo.l. 224, No. 73). Article regarding the implications of the non-extraterritorial effect of the New York No Fault “serious injury” threshold codified by Insurance Law Sections 5102 and 5104, and the law that must be applied in lieu of the threshold when automobile accidents between New York parties occurs out-of-state.
“Five Tips for the Civil Practitioner in Handling Choice of Law Issues,” 22 Westchester Bar Journal, Winter, 1995, p. 15. Advices for the civil bar in identifying, pleading and litigating choice-of-law issues.
“CPL Section 180.80 Should be Amended to Accommodate Town, Village Courts,” New York Law Journal, September 30, 1988, p.1.
“The Forgotten Checks and Balances,” 14 Westchester Bar Journal, Spring, 1987, p. 225.
“The Case for Reversing the ‘Rogers Rule’ on the Right to Counsel,” 58 New York State Bar Journal, July, 1986, p. 36.
“Felony Murder Rule Holds Criminals Responsible for Crimes,” The New York Times, September 7, 1985, p. 22
Researched and drafted three chapters to the Art of Advocacy: Settlement, a civil law book by Henry G. Miller, Esq. (Matthew Bender, 1983). The three chapters deal with indemnity and contribution rights against released civil tortfeasors; the periodic payment of civil judgments; and “Mary Carter” agreements.
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Professional &
Civic Activities |
Committee Chair, Judges and Lawyers for Family Justice (2002-2004)
Teacher, Criminal Law CLE for the Office of the Westchester County District Attorney,
June 21, 2006
Guest Lecturer, Matrimonial Classes at Pace University School of Law, 2006-2007
CLE on Appellate Practice for the NYS Academy of Trial Lawyers and the Brooklyn Bar Association, “Appeals in the Second Department,” December 18, 2007 in Brooklyn
CLE on Appellate Practice for New York State Bar Association, “Appeals in the Second Department,” November 2, 2007 in Tarrytown
CLE on Appellate Advocacy for Westchester Bar Association, “Taking an Appeal: A View From the Bench,” October 9, 2007 in White Plains
Teacher, Matrimonial Law CLE for Family Law Section of the Westchester County Bar Association, May 16, 2006
Teacher, Westchester Bar Association CLE Program on the Intersection of Bankruptcy and Matrimonial Law, 3/3/05
Teacher, NYS Bar Association CLE Program on Advanced Evidence for the Matrimonial Lawyer, 5/14/04
Teacher, NYS Bar Association CLE Program on the presentation of expert witness testimony at trial, 4/03
Teacher, Dutchess County Bar Association CLE Program in mid-2002, on the mandatory periodic payment of certain Judgments
Teacher, New York State Continuing Judicial Education Program, providing instruction to town and village judges of the Ninth Judicial District on selected aspects of procedural and substantive law (in both 10/94 and 5/01)
Captain, New York Guard Judge Advocate General Corps. (1999-present)
First Lieutenant, U.S. Army Reserve Judge Advocate General Corps. (1988-1997)
(Honorable Discharge)
Member, New York State Magistrates’ Associations (1988-present)
Chairman, Westchester County Bar Association Law Day Committee (1986-1990)
Member, New York State Bar Association, many years
Director, Yorktown Bar Association (1988-1992) and Member many years since 1986
Director, Fordham Law Alumni Association Westchester-Putnam Chapter (2001-present)
Co-Chair, Westchester County Council on Domestic Violence (July 1996-December 31, 1997)
President, Yorktown Area Jaycees (1990-1991) and Chairman of Board (1991-1992)
Lector, St. Patrick’s Church (1986-2000)
“Midnight Runs” to the streets of Manhattan, delivering food and clothing to the needy
Member, The Friendly Sons of St. Patrick (1996-present)
Member, the Irish-American Social Club of Westchester-Putnam (1987-2000)
Member, Elks Lodge #2324 (1987-2000)
Member, National Eagle Scout Association, The Westchester-Putnam Council of the Boy Scouts of America and merit badge counselor |
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