Page 1 - The Suffolk Lawyer - December 2020 - Vol. 35, No. 8

THE OFFICIAL PUBLICATION OF THE SUFFOLK COUNTY BAR ASSOCIATION VOL. 35, NO. 8 - December 2020
2008 DEDICATED TO LEGAL EXCELLENCE SINCE 1908 WWW.SCBA.ORG
1908
100 Years of Progress
FOIL, Spoliation and Litigation Holds, Oh My

INSIDE By Cory Morris and impending government investigation and

December 2020 Victor Yannacone, Jr. possible litigation may also trigger litigation
hold obligations.
Modern litigation today begins with re- In the event that federal or state regulatory
FOCUS ON quests for information from government agencies may be involved, your client, you,

REAL PROPERTY “Agencies” under FOIL or FOIA and a Lit- as an attorney, and your law firm may also
igation Hold letter followed by a Litigation see criminal sanctions imposed and even face
Hold Notice. criminal prosecution.
Housing discrimination plaintiffs .....12 Attorney’s duty cory morriS victor yannacone, jr. FOIL
As soon as you, as an attorney, become protect and preserve that information they New York’s Freedom of Information Law
1
Buying into a Community Association ...13 aware — even through a newspaper article or may be liable to sanctions including an ad- (“FOIL”) establishes a mechanism for the
news broadcast — that a client may become verse inference charge on the trial, econom- public to hold the government accountable
2
Are we in an escrow state? ................12 involved in litigation, whether as a plaintiff, ic damages, and financial penalties imposed for providing information to its citizens. The

defendant or some kind of third-party, you by the court. You, as the attorney, may also Committee on Open Government (“COOG”)
New landlord/tenant world ...............13 have an immediate, nondelegable duty and be liable for economic penalties and fi nancial is responsible for overseeing implementation
legal obligation to send your clients a “Liti- sanctions imposed by the court. of FOIL as well as the Open Meetings Law
Covid and lease provisions ................12 gation Hold” letter advising them of their ob- Situations triggering an obligation to pre- (“OML”) and the Personal Privacy Protection
Law (PPPL). COOG’s website provides in-
ligation to protect and preserve any and all serve evidence include receipt of a demand formation one needs to understand FOIL and
information relevant and material to that pos- letter, formal complaint, records subpoena how to make and respond to a FOIL request.
sible litigation in whatever form it may exist. or occurrence of an event that typically re-
Meet Your SCBA Colleague .............5 Your letter must explain that if they fail to sults in litigation. A media report suggesting (Continued on page 19)

Dean’s List .......................................15
PRESIDENT’S MESSAGE Upcoming Robing
Meet the staff .....................................5 Ceremony
Giving Recognition Where

Recognition is Due — Our Staff at the The outbreak of the coronavirus,
Legal Articles COVID-19 and the global response to the

SCBA Takes Care of Business pandemic, has had a significant impact on
our important life events. As of this date,
Bench Briefs .......................................6
we will be holding a Hybrid Robing Cere-
Consumer Bankruptcy ..................13 By Hon. Derrick J. Robinson Disputes, Membership, operation mony in the SCBA Great Hall with a cer-
of the Suffolk Academy of Law, tain number of participants, observing all
Employment.......................................8 The employees at the Suffolk and our Technology Director. The of the proper protocols dictated by the gov-

County Bar Association are a vital influence of the staff is significant ernor’s office.

part of the success of the SCBA. An because they are the public face of We will be holding the Robing Ceremo-
Family (LoFrumento) .......................8
essential aspect of this organization is the SCBA. They are the ones that ny in three different sessions: the Supreme
customer service and how our mem- interact with the members. Court Justices in the first session – Jus-

Family (Mitev) ...................................7
bers perceive the benefit of the SCBA There are SCBA priorities and tices Elect: Hon. Derrick J. Robinson;

and how it engages people. We talk objectives that impact how our Kathy G. Bergmann; Valerie M. Cart-
Health and Hospital ..........................9 about systems, surveys, and insights, members choose to engage with wright and Timothy P. Mazzei – the sec-
all of which are valuable and worth- us. Member satisfaction occurs ond session will be for the County Court
Labor and Employment ...................9 while. However, none of these means hon. Derrick j. due to the motivation and hard
anything if they do not include peo- robinSon work of the staff of the SCBA. We and Family Court Judges: County Court
Personal Injury..................................4 ple. Our staff at the SCBA has per- have member assistance and ser- Judges Elect: Hon. Stephen L. Braslow
and Hon. James C. Hudson; Fami-

formed magnificently during the unprece- vices that staff guides our members to use.
Practice Management .....................11 dented COVID-19 pandemic. But at the end of the day, our staff employ- ly Court Judges Elect: Hon. Caren L.
ees, our people, contribute to the SCBA’s Loguercio and Hon. James W. Malone
Practice Page .....................................4 successful member services. The SCBA must and the third session will be District
build a strong foundation; however, nothing Court Judges Elect: Hon. Pierce F. Co-
Pro Bono Warriors ..........................14 will remain standing without the staff at its halan; Hon. Patrica Grant-Flynn; Hon.
cornerstone. If we do not have highly en- C. Stephen Hackeling; Hon. Jennifer A.
Real Estate Development ................10 gaged people, we’ve most likely lost our key Henry; Hon. Alonzo G. Jacobs and Hon.
to continued success. James F. Matthews.
Surrogate..........................................10 Sometimes, very little is said about our Please look for the forthcoming Zoom

staff employees’ influence, while, at its core, invitation to the first ever Hybrid SCBA
Transactional ...................................10 they are an essential aspect of the organi- Robing Ceremony on Monday, January
zation’s success. An excellent association 11, 2020, commencing at 9:00 a.m.

Vehicle and Traffic ..........................14
There are necessary processes at the SCBA (Continued on page 19) —LaCova
that have continued to operate during the un-
precedented COVID-19 protocols. As a re-
Among Us ...........................................7 sult, the SCBA works in a meaningful way to 11967 PERMIT NO. 534
keep our Association responsive and service SHIRLEY, NY
CLE Course Listings.......................17 oriented. The member services include the PRSRT STD. US POSTAGE PAID
Lawyer Referral and Information Service,
SCBA Calendar .................................3 which refers people who call the SCBA look-
ing for an attorney. The SCBA makes it eas-

ier for prospective clients to find you. These
services also include Grievances and Fee