Family Law Section 2024 Summer Meeting

WE ARE SOLD OUT!

"Mastering the Appeal: Strategies for Success in Family Law"

Join us for an unparalleled learning experience that promises to enrich your legal skills and enhance your courtroom effectiveness. With a distinguished faculty panel comprising four Appellate Division Judges—one from each of the four Judicial Departments—and three seasoned matrimonial trial judges, this event is a must-attend for family law practitioners seeking to sharpen their appellate skills and trial strategies.

This dynamic program is designed to provide practical insights for both seasoned attorneys and those new to the field of family law. Whether you're looking to refine your appellate strategy, enhance your trial tactics, or simply stay updated on the latest trends and best practices, this meeting offers invaluable opportunities for professional development and networking.

Don't miss this chance to learn from the experts, connect with your peers, and take your family law practice to new heights. Register now for an engaging exploration of the challenges and complexities of family law appellate practice.

PROGRAM FACULTY:

Section Chair:

• Peter R. Stambleck, Esq., Mosberg Sharma Stambleck Gross, LLP, New York, NY

Program Co-Chairs:

• Rosalia Baiamonte, Esq., Gassman Baiamonte Gruner, P.C., Garden City, NY
• Brett S. Ward, Esq., Blank Rome LLP, New York, NY

Speakers:

• Hon. Judith J. Gische (Senior Counsel, Blank Rome; Former Associate Justice, Appellate Division, First Department)
• Hon. Mark C. Dillon (Associate Justice, Appellate Division, Second Department)
• Hon. Mark L. Powers (Associate Justice, Appellate Division, Third Department)
• Hon. Tracey A. Bannister (Associate Justice, Appellate Division, Fourth Department)
• Hon. Jeffrey S. Sunshine (Statewide Coordinating Judge for Matrimonial Matters)
• Hon. Jeffrey A. Goodstein (Supervising Judge, Supreme Court and Matrimonial Parts, Nassau County)
• Hon. Cheryl A. Joseph (Supervising Judge, Matrimonial Parts, Suffolk County)
• Hon. Bruce J. Wagner (Support Magistrate, Schenectady & Montgomery County Family Courts)

AGENDA:

Thursday, July 11, 2024

• 1:00 p.m. – 4:00 p.m. Registration and Exhibits | Ballroom Foyer
• 2:00 p.m. – 4:30 p.m. Executive Committee Meeting | Salons ABCDEFGL
• 5:00 p.m. – 10:00 p.m. Kid's Camp | Quincy Room
• 4:45 p.m. – 5:45 p.m. New Lawyers Cocktail Hour | Harbor View Terrace
• 6:00 p.m. – 9:30 p.m. Welcome Reception and Dinner* at the New England Aquarium (*Standing dinner with limited seating for those who need it.)
• 10:00 p.m. – 2:00 a.m. Hospitality Suite at the Bostonia Public House (131 State St., Boston, MA 02110)

Friday, July 12, 2024

• Morning Activities
  • 7:00 a.m. – 9:00 a.m. Continental Breakfast | Ballroom Foyer
  • 7:00 a.m. – 12:00 p.m. Registration and Exhibits | Ballroom Foyer
  • 7:30 a.m. – 8:30 a.m. Committee Breakfast Meetings
  • 8:30 a.m. – 12:00 p.m. Kid's Camp | Quincy Room
  • 8:30 a.m. – 11:50 a.m. CLE Program | Salons ABCDEFGL

Welcome Remarks

Peter R. Stambleck, Esq., Chair, NYSBA Family Law Section; Mosberg Sharma Stambleck Gross, LLP, New York, NY

Domenick Napoletano, President, New York State Bar Association, Napoletano Law, Brooklyn, NY

A. Preserving Issues on Appeal at Trial Court Level (1.0 MCLE Credit in Skills)

Speakers:

Hon. Jeffrey S. Sunshine, Statewide Coordinating Judge for Matrimonial Matters

Hon. Jeffrey A. Goodstein, Supervising Judge, Supreme Court and Matrimonial Parts, Nassau County

Hon. Cheryl A. Joseph, Supervising Judge, Matrimonial Parts, Suffolk County

B. Notice of Appeal vs. Leave to Appeal (0.5 MCLE Credit in Areas of Professional Practice) 

1. Appeals from Supreme Court, pursuant to CPLR 5701:
   1. Appeals as of right
   2. Appeals by permission (Supreme Court; Appellate Division) (CPLR 5701[b])
      1. Article 78
2. Appeals from Family Court, pursuant to FCA § 1112:
   1. any order of disposition;
   2. any intermediate or final order in a case “involving abuse or neglect”; and
   3. In discretion of the Appellate Division, from “any other order” issued under FCA
3. No appeal lies from an order entered on default (CPLR 5511)
4. No appeal lies from an order made sua sponte 
5. Only an aggrieved party may appeal (CPLR 5511)

C. Emergency Relief: Stay Pending Appeal and 5704 Relief (0.5 MCLE Credit in Areas of Professional Practice) 

1. Staying enforcement of the order or judgment appealed from (CPLR 5519; FCA 1112(a)) 
2. Timing of motions before the Appellate Division (CPLR 2214(b); 22 NYCRR 1250.4)  
3. Interim Relief applications
4. Reasonable notice to adversary (22 NYCRR 1250.4[b][2])
5. Refusal to sign Order to Show Cause or grant ex parte relief (CPLR 5704(a))
6. Motion for attorneys’ fees

Speakers:     

Hon. Judith J. Gische, Senior Counsel, Blank Rome; Former Associate Justice, Appellate Division, First Department

Hon. Mark C. Dillon, Associate Justice, Appellate Division, Second Department

Hon. Mark L. Powers, Associate Justice, Appellate Division, Third Department

Hon. Tracey A. Bannister, Associate Justice, Appellate Division, Fourth Department

Moderator: Brett S. Ward, Esq., Blank Rome LLP, New York, NY

Refreshment Break | Ballroom Foyer (Sponsored by AB Bernstein)

D. Presenting a Persuasive Stay Application (0.5 MCLE Credit in Skills) 

1. The motion papers and the burdens of proof
2. The oral argument for interim relief
3. Completing the submission of the motion; opportunity to compromise on interim relief.

E. Perfecting the Appeal: Rules and Procedures (0.5 MCLE Credit in Skills) 

1. Statewide Practice Rules of the Appellate Division ([22 NYCRR] part 1250) and a new (22 NYCRR) Part 600 to supplement the statewide rules. 
2. What does it mean to “perfect an appeal”?
   1. Appeal must be perfected within 6 months after the date of the Notice of Appeal or, if not as of right, within 6 months of an order granting leave to appeal (22 NYCRR 1250.9)
   2. The Record (22 NYCRR 1250.5(a))
      1. Full Record Method (CPLR 5526)
      2. Agreed Statement of the Record (CPLR 5527)
      3. Appendix Method (CPLR 5528(a)(5)); 22 NYCRR 1250.7(d))
      4. Original Record; Family Court appeals (22 NYCRR 1250.5(e)(1)
3. The Briefs
   1. Appellant’s Brief (CPLR 5528; CPLR 5529; 22 NYCRR 1250.8)
   2. Respondent’s Brief
   3. The Cross Appeal
   4. Reply Brief
4. Preferences (CPLR 5521; FCA §1112)
5. Automatic Dismissal (22 NYCRR 1250.10(a))
   1. Motion to Vacate an Automatic Dismissal (22 NYCRR 1250.10(c))
6. Extensions of time (22 NYCRR 1250.9(b))
7. Electronic Filing (22 NYCRR 1245)
8. Motions to Reargue and Leave to Appeal to Court of Appeals (22 NYCRR 1250.16)
   1. 30 days after service of the appellate division order with notice of entry
   2. Basis: Appellate Division has overlooked or misapprehended law or facts
   3. Questions of law sought to be reviewed and the reasons for

Speakers:     

Hon. Judith J. Gische, Senior Counsel, Blank Rome; Former Associate Justice, Appellate Division, First Department

Hon. Mark C. Dillon, Associate Justice, Appellate Division, Second Department

Hon. Mark L. Powers, Associate Justice, Appellate Division, Third Department

Hon. Tracey A. Bannister, Associate Justice, Appellate Division, Fourth Department

Moderator: Rosalia Baiamonte, Esq., Gassman Baiamonte Gruner, P.C., Garden City, NY

12:00 p.m. Lunch on your own

• Afternoon Activities
  • 1:30 p.m. – 2:15 p.m. Codzilla High-Speed Thrill Boat Ride
  • 2:00 p.m. – 3:00 p.m. Boston by Foot: Heart of the Freedom Trail
  • 2:00 – 3:20 p.m. Boston Duck Tour
    
• Evening Activities
  • 6:00 p.m. – 10:00 p.m. Reception and Dinner* at the JFK Presidential Library & Museum (*Standing dinner with limited seating for those who need it.)  | Transportation will be provided.
  • 10:00 p.m. – 12:00 a.m. Hospitality Suite at the Flight Club Boston (60 Seaport Blvd., Ste. 215, Boston, MA 02210)

Saturday, July 13, 2024

• Morning Activities
  • 7:00 a.m. – 9:00 a.m. Continental Breakfast | Ballroom Foyer
  • 7:00 a.m. – 12:00 p.m. Registration and Exhibits | Ballroom Foyer
  • 7:30 a.m. – 8:30 a.m. Committee Breakfast Meetings
  • 8:30 a.m. – 12:00 p.m. Kid's Camp | Quincy Room
  • 9:00 a.m. – 12:10 p.m. CLE Program | Salons ABCDEFGL

Welcome Remarks: Peter R. Stambleck, Esq., Chair, NYSBA Family Law Section; Mosberg Sharma Stambleck Gross, LLP, New York, NY

A. Persuasive Brief Writing

B. Persuasive Oral Arguments

C. Top Ten Mistakes to Avoid in Matrimonial Appeals

1.5 MCLE Credits in Skills

Speakers:     

Hon. Judith J. Gische, Senior Counsel, Blank Rome; Former Associate Justice, Appellate Division, First Department

Hon. Mark C. Dillon, Associate Justice, Appellate Division, Second Department

Hon. Mark L. Powers, Associate Justice, Appellate Division, Third Department

Hon. Tracey A. Bannister, Associate Justice, Appellate Division, Fourth Department            

Moderator: Hon. Jeffrey S. Sunshine, Statewide Coordinating Judge for Matrimonial Matters

Refreshment Break | Ballroom Foyer (Sponsored by AB Bernstein)

D. “Super-Sized” Ultimate Updates Featuring Trends in Appellate Matrimonial Law (1.5 MCLE Credits in Areas of Professional Practice)

Presenter:    Hon. Bruce Wagner, Support Magistrate, Schenectady & Montgomery County Family Courts

Featuring:

Hon. Judith J. Gische, Senior Counsel, Blank Rome; Former Associate Justice, Appellate Division, First Department

Hon. Mark C. Dillon, Associate Justice, Appellate Division, Second Department

Hon. Mark L. Powers, Associate Justice, Appellate Division, Third Department

Hon. Tracey A. Bannister, Associate Justice, Appellate Division, Fourth Department            

Closing Remarks: Peter R. Stambleck, Esq., Chair, NYSBA Family Law Section; Mosberg Sharma Stambleck Gross, LLP, New York, NY

• 12:10 p.m. onwards Lunch on your own
• 12:15 p.m. – 1:00 p.m. Meet and Greet with Honorable Jeffrey Sunshine | Salon H
• Afternoon Activities
  • 1:30 p.m. – 2:15 p.m. Codzilla High-Speed Thrill Boat Ride
  • 2:00 p.m. – 4:00 p.m. Boston by Foot: The Road to Revolution
  • 2:00 – 3:20 p.m. Boston Duck Tour
• Evening Activity
  • 6:00 p.m. – 9:00 p.m. Closing Reception at the Harpoon Brewery (306 Northern Ave., Boston, MA 02210) | Transportation will be provided
  • 9:00 p.m. onwards Dinner on your own

REGISTRATION:

Main Conference Registration (inclusive of CLE programming, breakfast, coffee breaks, and evening receptions and dinners)

• $600 – Young Lawyers (admitted within the past 10 years)
• $990 – Family Law Section Member
• $1,210 – NYSBA Member but not a Family Law Section Member
• $1,325 – Non-NYSBA Member (lawyers)
• $950 – Guest/Spouse/Nonlawyer

Additional Activities (separate from the main conference registration fee)

• $500 – Kids Camp (see agenda below for itinerary)
• $50 – Codzilla High-Speed Thrill Boat Ride (Friday, 7/12,1:30-2:15 pm)
• $17 – Boston by Foot: Heart of the Freedom Trail (Friday, 7/12, 2:00-3:00 pm)
• $45 – Boston Duck Tour (Friday, 7/12, 2:00-3:20 pm)
• $50 – Codzilla High-Speed Thrill Boat Ride (Saturday, 7/13,1:30-2:15 pm)
• $17 – Boston by Foot: Road to Revolution (Saturday, 7/13, 2:00-4:00 pm)
• $45 – Boston Duck Tour (Saturday, 7/13, 2:30-4:50 pm)

POLICIES:

Cancellation Notice: Notice of cancellation must be received by Monday, June 24, 2024, in order to obtain a refund of fees.

Note: We do NOT accept on-site registrations.

ACCOMMODATION:

Boston Marriott Long Wharf

296 State Street, Boston, Massachusetts, USA 02109

Hotel Information and Policies

• Cut-off Date: Wednesday, June 19, 2024
• Cancellation Policy: If you cancel within 72 hours prior to the arrival date, the cancellation fee will be charged at the full rate.
• Check-in time: 4:00 p.m. | Check-out time: 11:00 a.m.
• Smoke-free property
• Pet Policy: No pets allowed except for service animals.
• Parking: 
  • On-site parking is valet only ($67 daily) and based on availability. 
  • Fee for oversized vehicle (6 ft. 7in. more) is $75 per night.
  • Off-site parking: Harbor Garage (0.1 mile from property)

MAIN HOTEL: Boston Marriott Long Wharf Hotel (SOLD OUT!)

Reservation Link: https://book.passkey.com/go/NYSBarAssoc

Cut-off Date: Wednesday, June 19, 2024

Cancellation Policy:If you cancel within 72 hours prior to the arrival date, the cancellation fee will be charged at the full rate.

ALTERNATIVE OPTION #1: Harborside Inn of Boston

185 State Street, Boston, MA 02109 (3-minute walk from the Boston Marriott)

Reservation: Call 617-723-7500 mention NYSBA2024 to get the discount

Cut-off Date: June 21, 2024

Cancellation: Rooms cancelled within 7 days prior to arrival (July 4 at 3pm) will still be charged 1 night room and tax.

ALTERNATIVE OPTION #2: The Bostonian Boston

26 North St, Boston, MA 02109 (8-minute walk from the Boston Marriott)

Reservation: Call 617-523-3600 or click this link: The Bostonian Boston (millenniumhotels.com)

Cut-off Date: Tuesday, June 11, 2024.

Cancellation: Notice of cancellation must be received by 4pm on the day prior to arrival to avoid a cancellation penalty of 1 night’s room and tax.

QUESTIONS/ASSISTANCE:

For registration questions or assistance, please reach out to our Member Resource Center (MRC) at [email protected] or at 800-582-2452/ 518-463-3724.

THANK YOU TO OUR SPONSORS!

Diamond

Platinum

Gold

Silver 

Bronze

Exhibitors

For sponsorship opportunities, reach out to Carra Forgea at [email protected]