CLE Program: Representing the Pro Bono Debtor Under BAPCPA*

Underwritten by: The Community Foundation of Herkimer and Oneida Counties, Inc.
and the Upstate Institute of Colgate University

Friday, October 30, 2009
Registration at 11:45 a.m.
Buffet lunch at 12:00 p.m.
Presentation from 1:00-5:00 p.m.

Cost: Lunch and CLE credits are free of charge to attorneys admitted to practice in New York State and who pledge to take a minimum
of two pro bono bankruptcy cases annually.

Where: Radisson Hotel-Utica Centre, 200 Genesee Street, Utica, NY 13502

CLE Credit: 3 Hours Skills and 1 Hour of Ethics

*Appropriate for both newly admitted and experienced attorneys

PLEASE PRE-REGISTER NO LATER THAN MONDAY, OCTOBER 26, 2009.
by emailing Dawn_Simmons-Norris@nynb.uscourts.gov
For questions, call Dawn Simmons Norris at (315) 295-1683.

Trista F. O’Hara, Esq.
Pro Se Coordinator
NDNY Federal Court Bar Association, Inc.
221 S. Warren Street, Suite 130
Syracuse, New York 13202
Office #: (315) 422-2711
Toll Free #: 1-877-422-1011
Fax #: (315) 422-2778
tohara@ndnyfcba.org

Modernization of New York’s Land Use Laws Continues to Meet Growing Challenges of Sustainability

Patricia Salkin
Albany Law School

Pace Law Review, Vol. 29, No. 563, 2009

Abstract:
There has never been a more challenging time to practice land use planning and zoning law in New York. With goals of sustainability at the forefront of the land use regulatory agenda, this brief account of recent developments in land use law highlights some discernable trends, namely: the modernization and increased flexibility of New York State planning and zoning enabling acts, the inspired local initiatives and lethargic State response to affordable housing issues, and the increasing impact of alternative energy systems on local regulatory schemes.

Part I of this article explores the impacts on community development caused by the many modifications to New York State’s planning and zoning enabling acts over the last two decades. Particularly, the article identifies the delegation of extensive discretionary authority to local governments as New York’s signature approach to land use control.

Part II discusses “affordable housing” as a key attractant for judicial action and local government response. With the exception of the Long Island Workforce Housing Act in 2008, the State has been slow to act on judicial calls to action, forcing local governments to develop unique solutions in order to provide affordable housing.

Finally, Part III notes the challenges being faced by lawyers and planners in light of growing preference for alternative energy systems, with specific focus on reactions to Wind Energy and Solar Energy installations.

Download the entire article here.

NY ACLU seeks Albany-area tech attys

EFF has been contacted by the NY ACLU, which is putting together a seminar on tech law in the Albany area. They are seeking speakers well-versed in tech law. This is not a paid speaking gig, but there may be MCLE credit. If interested, please contact Eva Galperin at 416 436 9333×111 or email eva@eff.org.

Regards,

Eva Galperin –

************************************

Eva Galperin

Referral Coordinator

Electronic Frontier Foundati

CapitolCamp

From Albany Project:

As the Innovation Officer of the Senate, it is my mission to leverage the power of technology throughout the administrative and legislative activities of the Senate to help this institution serve the people of New York more efficiently, effectively, and transparently. To that end, we need YOUR input on how we should move forward. We invite you to share your thoughts with us in person at CapitolCamp, which will take place next Friday, June 5th, in the Capitol in Albany.

Our office, together with the New York State CIO’s Office, is hosting this conference to come together with concerned citizens to share ideas about how technology can make government work better for all the residents of the Empire State across all of its branches of government. Our focus will be on using technology to increase transparency and participation in New York State government.

Here are the details:

CapitolCamp NY
Friday, 5th June 2009
From 10:30 am till 6:00 pm
New York State Capitol, Albany, NY
Proposed after party from 6:30 – 8:30 (Location TBD)
Register for free here.

Not An Alternative, a Brooklyn-based 501c3, is chartering a bus to depart at 9:00 pm, after the after-party. A limited number of $40 tickets and can purchased here.

The format of the event will be a traditional “un-conference” where participants (not the organizers) create the agenda for the day’s events. To provide some structure, however, we have divided the day into three themes:

1. Senate 2.0: Technology, Transparency, and Participation in the NY State Legislature
We will begin with a discussion of the role that technology plays in the NY Senate, including a presentation of the “roadmap” for the NY Senate CIO’s Office. We will also discuss the future of public access to State legislative data. The rest of these sessions will explore how technology can be leveraged to enhance public participation in lawmaking bodies.
2. Empire 2.0: Help Us Develop the NY State Strategy

We will begin with a discussion of the role of the Office of the State Chief Information Officer in developing the state strategy and roadmap for NY Executive Branch agencies. How can these agencies use web 2.0, new media, and social collaborative tools and technologies to better serve citizens and improve inter-governmental communications? This discussion will include a brief presentation of the current state and seek your input on how to answer this question and develop New York State’s strategy in this area.

3. Web 2.0 for Government – Training Workshop
Expert online organizer Beka Economopoulos will offer hands-on training about how citizens, elected officials, and civil servants alike can Web 2.0 tools such as the new website, Twitter, and Facebook more effectively.We invite you to propose sessions on the CapitolCampNY’s sessions page prior to the event by going here.

My team and I are thrilled to invite the public to share their thoughts, ideas, and solutions. We hope you will join us next Friday in Albany.

Contact us:

Twitter: Direct us a tweet via @CapitolCamp or use the hashag #CapitolCamp
Email: Email the NY Senate CIO’s office at ciodesk@senate.state.ny.us

NEW YORK STATE BAR ASSOCIATION ANNOUNCES LAUNCH OF ENTERTAINMENT, ARTS AND SPORTS LAW SECTION BLOG

Provides a Forum and News Source on Issues of Interest

(Albany, N.Y. – May 26, 2009) – The Entertainment, Arts and Sports Law Section (EASL) of the New York State Bar Association announced the launch of a new blog that will act as a new informational resource on topics of interest, including the latest section programs and initiatives, as well as provide a forum for debate and discussion to anyone in the world with access to the Internet. It is available through the State Bar Web site at http://nysbar.com/blogs/EASL.

NY’s New Exempt Income Protection Act Explained

Empire Justice Center

New Protection Against the Garnishment of Exempt Funds:  The Exempt Income Protection Act

By Gina Calabrese and Kirsten Keefe

On September 26, 2008, Governor Paterson signed into law the Exempt Income Protection Act (“EIPA”), Chapter 575 of the Laws of New York, 2008.  Effective January 1, 2009, the law sharply limits judgment creditors’ ability to restrain bank accounts containing directly deposited Social Security and other exempt funds.  EIPA also prevents the first $1,716 of any account from being restrained and creates special procedures that, in most cases, will enable an accountholder to have their account released without the aid of an attorney and without going to court.  It is expected that the law will virtually eliminate the problem of restrained bank accounts for low-income New Yorkers.  Consequently, legal service providers should see a steep decline in the number of requests for assistance with frozen bank accounts.  This article discusses the changes that EIPA makes to the law governing restraining notices imposed on individuals’ bank accounts.

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Read this excellent article in its entirety here

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Check out the flow chart.

American Legal Process Charged with “Sewer Service”

The New York Law Journal – Court Papers Went Undelivered; Process Server Faces Charges

A company hired to serve debt collection lawsuits to thousands of cash-strapped New Yorkers did not bother to deliver the papers much of the time, leaving many people unaware they had been sued until the case was over and their bank accounts were frozen, authorities said yesterday.

Attorney General Andrew Cuomo filed criminal fraud charges against the firm, American Legal Process, of Lynbrook, and its owner and president, William Singler.

***

Read entire article here.

Application for NYC Judicial Positions

Please see this link to a letter from Desiree Kim regarding applications for various judicial positions appointed by the Mayor of the City of New York: www.nysba.org/mayorsadvisorycommittee.

I encourage any member who is eligible to seriously consider applying. A judiciary of the highest quality is essential if we are to maintain the high standards that have been set by the Mayor. This is an excellent opportunity for those interested in a judicial position. Please note that applications must be filed no later than April 23.
Best regards.

Bernice K. Leber
President, New York State Bar Association
Partner, Arent Fox LLP, New York, NY

Revised IT-2663 Form

Due to recent law changes, the 2009 Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form, has been revised. The revisions reflect the correct applicable personal income tax rate at which taxpayers must now calculate and pay their estimated personal income tax liability on the sale or transfer of real property located in New York State. That rate has been increased from 6.85% to 8.97%.

The form number has a box around it with the revision date of (4/09) to identify it as revised. You should destroy all copies of the 2009 Form IT-2663 that were previously supplied to your office. The 2009 instructions for Form IT-2663 required no revisions and may continue to be used.

Effective immediately, taxpayers must use the revised Form IT-2663 to calculate and pay their estimated personal income tax liability on the sale or transfer of real property located in New York State. You should no longer accept the previous version of the 2009 Form IT-2663 when you are presented with a deed to be recorded where there is a payment on the IT-2663-V. Using the previous version of the form would incorrectly calculate the tax.

The revised Form IT-2663 is available on the Tax Department’s Web site at:

http://www.tax.state.ny.us/pdf/2009/fillin/inc/it2663_2009_fill_in.pdf

In addition, you may order additional copies of the form by calling (518)-244-1911.

NY Lawyer Career Development Series-Free Web Casts

Free Live Webcasts

NYSBA Committee on Lawyers in Transition
Spring 2009 – Career Development Series

Free Live Webcasts

Session One:

Wednesday, April 22, 2009
12:00 p.m. – 2:00 p.m.

Interviews: 10 Most Difficult Questions and 10 Best Answers
Presented by Deb Volberg Pagnotta, CEO, Interfacet, Inc.

Positive Minded Networking: Creating a Gameplan
Presented by Elena Kaspi, J.D., M.S.W., A.C.C., LawScope Coaching
Session Two:

Thursday, May 14, 2009
12:00 p.m. – 2:00 p.m.

Comeback Lawyers: Selling Yourself & Using Flexibility as an
Asset in a Down Market
Presented by Debbie Epstein Henry, Founder/President, Flex-Time Lawyers LLC
Session Three:

Wednesday, June 3, 2009
12:00 p.m. – 2:00 p.m.

Crafting Your Resume for Today’s Market: How to Make Them Want to Meet You Selling Yourself in the Interview: Listen First Then Speak
Presented by Chelsea Silverman, Senior Vice President – Director of National Staffing, Strategic Legal Solutions

The NYSBA Committee on Lawyers in Transition is pleased to announce that it will be sponsoring free LIVE webcasts for all attorneys in need of career assistance this spring.

If you are currently unemployed, looking to make a career change, leave your current job or transition back to the workforce after time away from the profession, the Committee on Lawyers in Transition is here to help. The Committee is sponsoring a series of programs designed to help attorneys in transition. The programs will offer advice and resources to increase the odds of finding rewarding work. Topics include interviewing tips, maintaining a positive attitude, networking techniques, resumes and cover letters, and transitioning your career in general.

Session One of the series will take place on Wednesday, April 22, 2009 from noon – 2:00 p.m. Materials will be forwarded to all registrants, along with the web access code and link to view the program. Participants will be able to ask questions of the presenters.

The programs are free to all attorneys, but pre-registration is required. Register online today.
Each program will be webcast live from the office of the committee chair, Lauren J. Wachtler, at the location listed below.

Mitchell Silberberg & Knupp LLP
Tower 49, 12 East 49th Street, 30th Floor
New York, NY 10017

Limited seating is available for each session at the “live” program. If you would like to attend in person, please contact Kathy Suchocki, Staff Liaison to the Committee on Lawyers in Transition at (518) 487-5590 or ksuchocki@nysba.org.

If you are unable to participate in the LIVE webcasts, the recorded archives will be available online and posted at the Committee’s website -www.nysba.org/LawyersinTransition.

Visit the Committee’s Blog at http://nysbar.com/blogs/lawyersintransition