New
York State Bar Association
Annual
Meeting
January 25-30, 2010
New York City
-o0o-
Committee
on Children and the Law
Presents:
The Robert J. Schack Memorial
Program
Beyond the Family
Court:
Appeals and
Collateral Review
A comprehensive view of the appellate process in
Family Court cases:
preservation of the issues for appeal; moving the appeal from Family Court
order to appellate decision; when and
how to move for interim relief; writing
a winning brief; effective oral
argument; ethical considerations; and
alternative and supplemental remedies.
FRIDAY, JANUARY
29, 2010
Hilton New York
1335 Avenue of the Americas,
New York City
9:00 a.m.—-12:10 p.m.
(3.5
MCLE Credits)
Nassau Suite (2nd Floor)
Under New
York’s MCLE rules, this program has been approved for all
attorneys including those newly admitted for a total of 3.5 credit hours 2.0 in the area of professional practice, 1.0 skills
and 0.5 ethics credit.
8:30-9:00 a.m. Registration
9:00-9:05 Welcome and Opening Remarks
GEORGE E.
REED, JR., ESQ.
Program Chair
9:05-9:30 Preserving Issues for Appeal: Procedural and Evidentiary Considerations
JOHN A. CIRANDO, ESQ.
9:30-9:55 Challenging the Family Court’s Orders:
Obtaining Immediate Relief and Commencing an Appeal
— Commencing the Appeals Process
— Obtaining a Stay: Nuts and Bolts and
Strategic Considerations
— Going Back to Family Court
— CPLR 5704 Applications
CLAIRE V. MERKINE, ESQ.
9:55-10:20 Perfecting
the Appeal: Writing the Brief
— Reviewing the Record, Finding Viable Issues
— Finding the Relevant Law
— Telling a Compelling Story in the Statement of Facts
— Breaking Each Argument Point into Five Parts
— Editing the Brief and Final Winning Touches
— Some Thoughts on Respondent's and Reply Briefs
CYNTHIA
FEATHERS, ESQ.
10:20-10:30 Coffee
Break
10:30-10:55 Effective
Brief Writing and Oral Argument:
Pointers from an
Appellate
Judge
HON. EDWARD O. SPAIN
10:55-11:20 When the Sands Shift: Ethical Considerations for Appellate Lawyers Dealing with
Changed Circumstances and Changed Minds
— Determining the Child’s Position on
Appeal
— Providing New Information to the
Appellate Court
— Strategic
Considerations
JUDITH WAKSBERG, ESQ.
11:20-11:45 Alternatives
and Supplements to Direct Appeal
— Federal Court Remedies: Section 1983, Injunctive and Declaratory
Relief, and Damage Actions
— Administrative Remedies:
Name-clearing Hearings at the SCR, OCFS
Fair Hearings
— Article 78 Proceedings: To Compel a Hearing, and Appeal from OCFS
Decisions
— State Supreme Court Habeas Corpus
DAVID J. LANSNER, ESQ.
11:45-12:10 Panel
Discussion: Making Appeals Work for You
12:10 Adjournment
GEORGE E. REED, JR., ESQ.
Program
Chair
White Plains
JOHN A. CIRANDO, ESQ.
D.J. & J.A. Cirando, Esqs.
Syracuse
CYNTHIA FEATHERS,
ESQ.
Saratoga Springs
DAVID J. LANSNER, ESQ.
Lansner Kubitschek
Schaffer & Zuccardy
New York City
CLAIRE V. MERKINE, ESQ.
Juvenile
Rights Practice, Appeals Unit
Legal
Aid Society
New York City
HON. EDWARD O. SPAIN
Associate Justice, Appellate Division
Third Department, Albany
JUDITH WAKSBERG, ESQ.
Director,
Appeals Unit
Juvenile
Rights Practice
Legal
Aid Society
New York City
About
Robert J. Schack
Robert
J. Schack was a founding member of the Committee on Children and the Law and, for many years,
Chair of the Legislative Subcommittee. A supervising attorney at the New York
State Attorney General's Office, Mr. Schack
represented the State in several landmark juvenile justice and child welfare
cases. He was a tireless advocate for children’s rights and interests, and
contributed enormously to the Committee's and the NYSBA's
achievements.
IMPORTANT INFORMATION
Discounts and Scholarships: New York State Bar Association
members may apply
for a discount or scholarship to attend this program, based on financial
hardship. This discount applies to the educational portion of the program only.
Under that policy, any member of the Association who has a genuine basis of
financial hardship can receive a discount or scholarship, depending on the
circumstances. To apply for a discount or scholarship, please send your request
in writing to the New York State Bar Association, Attn: Catheryn
Teeter, One Elk Street,
Albany, New York
12207 or via e-mail cteeter@nysba.org.
Special Note for Attorneys Representing Children and Family Court
Assigned Counsel Panel Members: Members of Appellate Division Law Guardian
Panels are eligible to apply for a tuition waiver for this program. If you qualify for this waiver, you cannot
register online. You must obtain a 2010
Waiver Form from your Program Director or download
the waiver form, attach it to the completed Annual
Meeting Registration Form, and fax or mail back the completed forms to the number/address
listed. A limited number of waivers are
available on a first come/first serve basis for Family Court or Family Court
Appeals assigned counsel panel members who are not currently on a law guardian
panel. To inquire about these waivers,
please call Catheryn Teeter at (518) 487-5621.
Completed waivers must be received by Monday,
January 11, 2010. Please note that if you are not a member of
the New York
State Bar Association, the $200 nonmember surcharge cannot be waived.
Accommodations for Persons with
Disabilities: NYSBA will make reasonable modifications/accommodations to
allow participation in its services, programs, or activities by persons with
disabilities. NYSBA will provide auxiliary aids and services upon request.
NYSBA will remove architectural barriers and communication barriers that are
structural in nature where readily achievable. To request auxiliary aids or
services or if you have any questions regarding accessibility, please contact
Katherine Suchocki, Staff Liaison to the Committee on Children and the Law at 518-487-5590 or
ksuchocki@nysba.org.
For overnight room
accommodations, please call the Hilton New York at 1-800-445-8667 and identify
yourself as a member of the New York State Bar Association. Room rates are
$239.00 for single/double occupancy. Reservations must be made by Monday, December 21, 2009. You also can reserve your overnight
room on the web at www.nysba.org/10accomm.
For questions about
this program, please contact Katherine Suchocki at
518-487-5590 or ksuchocki@nysba.org. For
registration questions only, please call 518-487-5621. You can fax your registration form to
1-866-680-0946.
Table of Contents of Program
Book
Registration Information
Frequently Asked Questions
(FAQ)
Committee on Children and the Law Program
View
this Flyer in PDF
Annual
Meeting Registration Form
NYSBA General
Annual Meeting Information
Register on-line now
(not for Law Guardians)
2010 Waiver Form for Law Guardians
Our committee publishes Standards for Law Guardian
(Attorney for the Child) representation in the following areas of Family Court
(and Supreme Court) practice:
Juvenile Delinquency;
Person
in Need of Supervision (PINS);
Custody,
Visitation and Guardianship Proceedings;
Child Protective, Foster Care, and Termination of Parental Rights .
For more information about the Committee on Children and the Law, please go to www.nysba.org/ChildrenandtheLaw
Last Updated December 19, 2009
Links to other sites, or links to this site from any other sites,
do not imply any endorsement of, or relationship with, such other sites.