Marks to Replace Prudenti as Chief Administrative Judge | New York Law Journal

Judge Lawrence Marks will assume the post of chief administrative judge on Friday, succeeding A. Gail Prudenti as the lead day-to-day manager of New York’s court system.

Chief Judge Jonathan Lippman announced Wednesday that Marks’ appointment was made with the approval of the administrative board of the courts, which is composed of Lippman and the presiding justices of all four Appellate Division departments.

Marks had been widely seen as the likely successor to Prudenti, who announced her retirement this week after 23 years on the bench, including more than three years as chief administrative judge, to head the Center for Children, Families and the Law at Hofstra University School of Law (NYLJ, July 28).

Marks was formally made Prudenti’s understudy in 2012 when he was named first deputy chief administrative judge. Until that time, the position had been open for five years, since Ann Pfau was promoted to chief administrative judge by then-chief judge Judith Kaye.

In all, Marks has worked for the courts for 24 years, with stints as administrative director of the Office of Court Administration (2004-11), special counsel to the chief administrative judge (1998-2003) and OCA’s deputy counsel for criminal justice (1991-97).

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Read more: http://www.newyorklawjournal.com/id=1202733373195/Marks-to-Replace-Prudenti-as-Chief-Administrative-Judge#ixzz3hJ9Z3dYr

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How National Licensing Could Help Close the Justice Gap–Lawyerist

By Jenny Odegard

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South Dakota is leading the charge on relocating new attorneys to under-served communities by offering a stipend of $12,000 per year for five years. This number is meant to nearly cover the cost of attending their local university’s law school, which should be a tempting offer for hundreds of newly licensed attorneys looking for an opportunity to make an impact. Yet this program has a modest goal of recruiting only 17 attorneys by the year 2017.

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The Uniform Bar Exam is a nationalized test with a portable score to all of the states that have adopted the test. While the UBE is not a nationally portable law license, it is an opportunity to apply for admission without having to sit for an additional full bar exam.

Sixteen states, most recently including New York, have now adopted the test. States still conduct their own character and fitness evaluation, and most require a shorter, less burdensome local education requirement. States also set their own passing score, which means test takers may not be certified for admission in the state they took the exam but could qualify elsewhere without retaking it.

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Read entire article here.

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Public Hearings on Eligibility for Assignment of Counsel-ILS

In accordance with the settlement agreement between the State of New York and a plaintiff class represented by the New York Civil Liberties Union in Hurrell-Harrina et at. v. State of New York and approved by the Albany County Supreme Court, the Office of Indigent Legal Services (ILS) is charged with developing and issuing criteria and procedures to guide courts in counties located outside of New York City in determining whether a person is unable to afford counsel and eligible for mandated representation.

In furtherance of this responsibility, ILS will conduct a series of public hearings in each of the nine (9) judicial districts outside of New York City to solicit the views of county officials, judges, institutional providers of representation, assigned counsel, current and former indigent legal services clients and other individuals, programs, organizations and stakeholders interested in assisting ILS in establishing criteria and procedures to guide courts when determining eligibility for mandated legal representation in criminal and family court proceedings.  The first of these hearings will be in Syracuse, New York on July 9.

For more information, and instructions for providing written or oral testimony, go to: https://www.ils.ny.gov/files/Eligibility%20Public%20Hearings%20Notice.pdf.  Please feel free to contact me (or any member of the ILS staff) if you have questions about the hearings.

                      Take good care,

Angela Olivia Burton, Esq.

Director of Quality Enhancement, Parent Representation

New York State Office of Indigent Legal Services

80 South Swan Street, 29th Floor

Albany, New York 12210

Desk:  518-474-4859

Cell:  518-491-0094

Fax:  518-474-0505

http://www.ils.ny.gov

Vincent J. Gallo, Esq.: In Defense of Title Closers. – Richmond County Bar Association, Est. 1909

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At the closing, the Title Closer is entrusted with transmitting by over-night delivery the payment in full satisfactory to satisfy the mortgage in full, at the risk to the Title Closer of these funds being insufficient to satisfy the mortgage, in full, at the further risk of the Lender returning these funds back to the Title Agency as being insufficient to satisfy the mortgage, with the clock continuing to run on a per diem basis, at the risk to the Title Closer in having to go in pocket to make up the difference, so as to not cause the mortgage to satisfied late, causing a late fee to be imposed as against the mortgagor, as well as a “black mark” on the mortgagor’s credit report.

For this task, the Title Closer is paid what is referred to as a “pick up fee”.  This is a fee paid to the Title Closer, not for the ministerial task of placing the check in an over-night envelope, but instead to serve as a “quasi-insurer” to ensure that all of the above tasks are fully executed on, to full completion, at the risk of potentially costing the Title Closer a small fortune for failing to execute on all, and I do mean ALL, of these above tasks.

For this, in an effort to save a Seller the pickup fee charge of 275.00, more or less, the Department of Financial Services wants to eliminate this charge, thereby preventing a Seller who must pay off his or her mortgage at a closing from having to pay this charge.

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Read entire article here.

SEND YOUR COMMENTS TO:   ellen.buxbaum@dfs.ny.gov.

NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES PROPOSED 11 NYCRR 227 (INSURANCE REGULATION 208) TITLE INSURANCE RATES, EXPENSES AND CHARGES

Summary of proposed new 11 NYCRR 227 (Insurance Regulation 208).

This rule interprets and implements Insurance Law section 6409(d) by delineating certain expenditures

that, when provided by title insurance corporations or title insurance agents to “current or prospective customers” as an inducement for title insurance business, are prohibited by the Insurance Law. The rule mandates new reporting requirements to exclude all prohibited expenditures from the rates, thereby ensuring that these expenditures do not contribute to excessive rates. The rule further sets parameters with respect to ancillary charges, ensuring that title insurance corporations and title insurance agents do not charge consumers in New York improper and excessive closing costs .

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The proposed regulation prohibits “pick up fees” for closers.  This should add to the cost of closings and delay transactions.

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Date Published in State Register: May 06, 2015

Contact: Ellen Buxbaum

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New York State-Federal Judicial Council and the Second Circuit Judicial Council Are Pleased to Present a Complimentary CLE Program

Presentations will address ethical and substantive standards for the application of attorney-client privilege and work product protection in civil and criminal litigation, in the corporate context, with respect to employees and former employees, joint defense agreements, and the witness/advocate rule. The Panels will address the practical application of those standards in state and federal court litigation, rules addressing inadvertent production and waiver, privilege logs, claw-back agreements, assertions of privilege/work product during depositions, common waiver scenarios, in camera review and dispute resolution issues. Courses will earn three New York State CLE Credits (1.5 Hours Ethics and 1.5 Hours Practice Credits). 

Both Programs will also be available via webcast. Please register for the Programs at http://ww2.ca2.uscourts.gov/cle 

Dates/Venues: 

****Northern District of New York: Thursday, June 4, 2:00 PM – 5:00 PM 

James M. Hanley Federal Building, Jury Assembly Room, 100 S. Clinton St., Syracuse, NY 13261 

R.S.V.P. by May 29, 2015 for Northern District of New York Program 

****Eastern District of New York: Thursday, June 18, 5:00 PM – 8:00 PM 

Theodore Roosevelt U.S. Courthouse, Ceremonial Courtroom, 225 Cadman Plaza East, Brooklyn, NY 11201 

R.S.V.P. by June 12, 2015 for Eastern District of New York Program 

Please see the revised information available here: http://www.nynd.uscourts.gov/sites/nynd/files/pdf_cle.pdf

Indictment of 14 Defendants Involved in FIFA Corruption by FindLaw

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