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

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
   1   2   3   4   5   6