Page 1 - The Suffolk Lawyer - May 2021 - Vol. 36, No. 3
P. 1

Vol. 36, No. 3 - May 2021
                           DEDICATED TO LEGAL EXCELLENCE SINCE 1908                                                                         www.scba.org

               PRESIDENT HON. DERRICK J. ROBINSON’S FINAL MESSAGE


                                       My Virtual Presidency





                t has been a professional honor to have served as the 112th          impacted by the COVID-19 pandemic. District Administrative Judge
                president of the Suffolk County Bar Association. This past year      Hon. C. Randall Hinrichs, our remarkable and valued member of the
            I has shown that perseverance and commitment are required                  SCBA, retired from the bench in July 2020 and departed with our
            to thrive and grow in challenging situations. The journey                          best wishes and continued friendship. Our new District Ad-
            forward needs planning.                                                                ministrative Judge Andrew Crecca has taken on the re-
              The challenges of my presidency this year have                                         sponsibilities of his new position with confidence
            been monumental. Many activities and events                                                and positive leadership.  We wish him well.
            that mark a president's term were canceled or                                                   The bar association conducted its May 2020
            conducted in an unprecedented format. Start-                                                  annual meeting virtually using the Zoom plat-
            ing with the national annual bar leaders con-                                                 form. Similarly, the Bar Association also com-
            ference,  held  each  March  in  Chicago,  was                                                 pleted my June 5 installation as President and
            canceled  due  to  the  COVID-19  pandemic.                                                    installed the SCBA Officers and the Board of Di-
            Each year the incoming bar association presi-                                                 rectors virtually. Through the astute efforts of
            dents  throughout  the  country  assemble  in                                                 Barry  Smolowitz,  Director  of  Technology,  he
            Chicago for seminars, workshops, training, and                                               kept everything running smoothly. I was sworn
            networking on the steps to becoming an effec-                                               in virtually by the Hon. William Ford, New York
            tive president. I was eagerly anticipating the op-                                        State Justice of the Supreme Court. The installation
            portunity to gain insights into positive leadership                                     dinner is a highlight for the incoming President and
            skills. On March 13, 2020, the Courts limited all in-                                    his or her family, friends, and supporters. Unfortu-
            person appearances except for emergency or critical                President             nately, we did not have a traditional evening of col-
            matters. Lynn Poster-Zimmerman did a remarkable            Hon. Derrick J. Robinson      legiality, comradery, dinner and dancing.
            job as prior President adjusting to the new protocols,                                      The theme for my presidency was and is "Make
            communicating with the District Administrative Judge C. Randall Hin-     an impact," because I want to further our Association's work toward
            richs (ret.), and keeping the Bar informed about the rapidly changing    a more diverse and inclusive profession. I planned to serve our
            court operations. The Courts and the legal community, businesses,        members by highlighting the value of our Association. As lawyers,
            and schools all had to restrict operations and adjust to a new world                                                  (Continued on page 38)

                    The Statutory Powers of                                                Warning Regarding Appeals


             Attorney Changes Are Coming                                                   FromInterlocutory Orders in
                                                                                                   Foreclosure Actions
                                 Richard A. Weinblatt, Esq.

                   he Statutory Short Form Power of Attorney (“ power of at-                               Glenn P. Warmuth, Esq.
                   torney”) is an essential part of the estate plan.  It can help
                                                                                            he Appellate Division, Second Department, has started taking
            T to avoid a costly guardianship proceeding, facilitate the re-
                                                                                            steps to dismiss foreclosure appeals where there is one par-
            ceipt of government benefits such as Medicaid and minimize or
                                                                                      T ticular technical problem.  Practitioners should be on the look-
            eliminate gift and estate taxes.  Despite all of its benefits, however,
                                                                                      out for the problem and should also know what they can do to avoid
            a power of attorney may also facilitate elder abuse.  In an effort to
                                                                                      and/or fix it.
            prevent elder abuse, changes to the power of attorney law were
                                                                                        The typical scenario is as follows:  plaintiff/mortgagee moves for
            made in 2009 and again in 2010.  These changes included the ad-
                                                                                      summary  judgment  and  an  order  of  reference;  the  motion  is
            dition of a gift rider requiring two witnesses, the requirement of
                                                         (Continued on page 15)                                                   (Continued on page 24)


                            INSIDE THE SUFFOLK LAWYER • MAY 2021

                                                           SPECIAL SECTION  SPECIAL SECTION
               Contractors Beware                               REAL ESTATE                                    Rush to Judgement

               New York Labor Law                                                                              Strategies to Obtain a
                                                             DEVELOPMENT
               Frequency of Pay Statute page 18                                                                Clerk’s Judgment page 26

               Party Crashers                                              pages 9-22                          Act Fast to Take Advantage of an

               How to Amend Your                              SCBA Annual Meeting                              IRS Offer-In-Compromise
               Case’s Guest List  page 23                                  pages 4, 20                         page 28
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