Family Law Section 2024 Summer Meeting

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 is exclusively sponsored by Empire Valuation Consultants.
  • 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 is exclusively sponsored by Empire Valuation Consultants.
  • 9:00 p.m. onwards Dinner on your own