William S. Calli, Jr., President - Oneida County Bar

ONEIDA COUNTY BAR ASSOCIATIONBar NewsJANUARY 2021Eulogy for Paul M. Lukin,Esq. CounselorsCoats fromby Michael J. Laucello, Esq.My earliest memories of Pauldate back to the Fall of 1975,when we were both freshmenat UB Law School.I was drawn by Paul’s livelysense of humor and his abilityto place the inherent pomposity of law school in a comediccontext. Paul was already married as law school began,and his wife, Ramona, welcomed me to their home withhospitality, kindness, and cheerfulness.I would witness throughout the ensuing 45 years howRamona was the greatest blessing any man could receive–a faithful, loyal, kind, nurturing wife who stood by Paulthroughout his extraordinary physical travails. PerhapsPaul’s greatest glory was that God blessed him with Ramona.Throughout law school I always looked forward to visiting Paul and Ramona at their home, full of joy and rollicking good humor. Ramona cooked sumptuous meals,which were a welcome relief from my usual bachelor dietof frozen egg rolls.Paul had a keen legal mind as well as an amazing abilityto analyze financial information quickly and convey hisanalysis succinctly in comprehensible terms. I relied uponPaul’s advice in financial and accounting matters, and hewas by far the smartest tax advisor I have known. Paulachieved the CPA designation and obtained a Master ofLaws in tax law from NYU Law School. He worked in theTax Department of one of the nation’s leading accountingfirms prior to accepting the position as Law Clerk toJustice Grow.Paul’s knowledge of New York civil procedure and substantive law was comprehensive, and he was an invaluablesource of information on matters relating to SupremeCourt practice. He could get to the heart of a legal issuequickly, and he often provided a fresh perspective thatled you to reevaluate your position.Paul’s 19 years of service with Justice Grow and his sixyears of service as Judge Gigliotti’s Court Attorney weredistinguished by legal acumen, diligence, and unfailingcourtesy to attorneys and Court personnel. All those whoworked in the Courthouse experienced Paul’s great senseof humor and his genuine concern about the welfare ofall people, regardless of their station in life.Paul found his greatest fulfillment and most profound joyin his family. His wife Ramona’s unwavering devotionthrough Paul’s many physical hardships was truly inspiring.Ramona nurtured and cared for Paul through many yearsof debilitating illness, and she did it with love, tenderness,and joy. Paul’s children, Jennifer and David, were greatsources of joy, and he was a loving and devoted father. Ihave fond memories of Paul and I practicing baseball withour sons and attending professional games together. Paul’slove for his children was unconditional and profound.The stoicism which Paul exhibited in dealing with hisincreasingly debilitating illnesses was rare. He never complained, not even toward the end as illness increasinglydeprived him of the ability to function normally. Andthrough all the overwhelming travail Paul maintained hislively sense of humor and his genuine concern for others.The nursing staff who cared for Paul during his manyyears of dialysis developed a special affection for him, asdid all who had the privilege of getting to know him closely.The better you knew Paul, the more you liked him.Having relied upon Paul’s wise counsel for so many yearsin matters both personal and professional, I still sometimesfeel the impulse to turn to Paul for the deft, lucid answer.Our condolences go out to Paul’s beloved wife Ramona,his children, Jennifer and David, and his sister Teri.All those who knew Paul will miss him dearly.page 5

ONEIDA COUNTY BAR ASSOCIATIONBar NewsJANUARY 2021PRESIDENT’S MESSAGEBy William S. Calli Jr., Esq.As I enter my term asPresident of the OneidaCounty Bar Association, Iam thankful to the Membership for supporting meand, at the same time, amsaddened that I may notsee some of you face-toface anytime soon. Although my practice allowsme to see many of you in a normally amicable setting, Ihad been looking forward to seeing and meeting others atour Bar Events. During my father’s 63 years of full-timepractice, one of the things he missed the most from thefirst half of his career was Calendar Call, where most ofthe area’s attorneys went on a regular basis to appear ontheir cases, but also to interact with fellow attorneys and,in turn, work on other common files with them. Hopefully, this pandemic will not permanently strip us of evenmore interaction and the latter half of 2021 will allowmore contact. We all need to remain safe, but it would benice to see everyone. After all, I do not want to be the firstOCBA President to never have an in-person Board Meeting or Bar Event during their presidency.I would also like to thank J.K. Hage, III for his leadershipduring an unexpectedly strange year. Thanks to him,Diane Parslow, Paula Eannace, George Murad, the Boardand the CLE Committee, our CLE Program resumed aclass schedule as soon as it could be certified for virtuallive classes. We have always been fortunate to have sucha robust (and cost effective) local provider of CLE classes.Most county bar associations are not as fortunate andnow we really know how lucky we are. Stay tuned for theupcoming Spring CLE Schedule.The OCBA Board welcomes its new Directors, MichaelArcuri, Carl Dziekan and Jenna Peppenelli. I appreciatepage 6their commitment to our Bar Association, and I thankour outgoing Directors for their hard work during theirterms.In 2020, we also had to say goodbye to several of ourcolleagues: Michael P. DeSantis, Andrew S. Kowalczyk,Jr. and Paul M. Lukin. In order to keep our Membershipand the Judiciary safe, we unfortunately had to cancel ourlive Annual Memorial Service, but hope to show each ofthese men the respect they deserve in the pages of our BarNews. We more recently lost Ronald H. Grossman as well,and I pray that we will all be able to honor him, and asfew others as possible, at an in-person Memorial Servicenext January.The pandemic has brought most of us to the point whereour offices are effectively locked down, with requestedappointments on the low side and visitors scarce. I knowthis is not what I imagined for my firm’s Centennial. Evenin the case of my real estate practice, I am conductingmy lender closings in space completely separate from myoffice so as to keep my staff and those in attendance apart.Even “those in attendance” means something differentnow, with usually only attorneys and the actual Buyer being considered “essential”. I am sure that all of our practices and offices have changed over roughly the last year.Perhaps some of those changes were inadvertently positive while others are preventing or disturbing that whichwas already positive. If any of the Membership see anyunusual pitfalls or unintended consequences from thesechanges or have any best practices to deal with them, andthey would like to share them with our colleagues, pleaselet me know and the Board would be happy to review andpass on those that we can. More than ever, this is a timewhere we have to do what we can to help and support ourcolleagues, and I know that our Bar Association standsready to do that which it has always done best.

ONEIDA COUNTY BAR ASSOCIATIONBar NewsClassifiedATTORNEY:Felt Evans, LLP is seeking an attorneyfor general practice with an emphasison real estate and business matters.If interested, please submit resume toKen Bobrow, via e-mailklbobrow@felt-evans.com.All contacts will be kept confidential.2021 Dues & CLESEMPESS StatementAvailable onour websiteDOWNLOADJANUARY 2021Change of AddressesFrank J. Nebush, Jr., Esq.7214 Crooked Brook Rd., Utica, NY 13502315-896-2481frank.nebush@gmail.comGregory J. Dziwis, Esq.6528 Cross Creek Trail, Brecksville, OH 44141440-630-9445gdziwis1521@gmail.comHon. Joseph A. Saba, Jr. Judge,Utica City Court411 Oriskany Street West, Utica NY 13502315-266-4607 FAX: 315-266-4755jasaba@nycourts.govWilliam D. Wallace, II, Esq.Saunders Kahler, LLP185 Genesee Street, Suite 1400 Utica NY 13501 315733-0419 Fax: 315-724-8522wwallace@saunderskahler.com** Reminder to Members**from CounselorsCoatsSeller’s notice fee for residential deedsAt their July 8, 2020 meeting, the Ways and Means Committee of the Oneida County Board of Legislatorsvoted not to bring the proposed legislation regarding a new recording fee before the full Board. Therefore,while the Oneida County Clerk is still statutorily required to send out a Notice to the Seller on residentialtransactions, the Oneida County Clerk will not be charging a fee for the same.However, Herkimer, Madison, Onondaga and most other Counties are charging the 10.00 per Deed feefor residential recordings. Although practices may vary by region or County, it is being proposed here thatthe said fee (where applicable) be treated as an expense of the Seller. Therefore, where applicable, the feeshould be credited to the Buyer on a Statement of Sale, just as the Revenue Stamps and TP-584 are now.page 7William S. Calli, Jr., Esq., President, OCBA

ONEIDA COUNTY BAR ASSOCIATIONBar NewsJANUARY 2021Coatsfrom CounselorsBar Mourns the Loss ofAttorneyRonald H. Grossman 1926 - 2021SARASOTA, FL/OLD FORGE/UTICA - Ronald H. Grossman, 94,of Sarasota, FL, Old Forge and Utica, NY, died on January 8, 2021,in Fairfax, VA.Born In Utica, on June 30, 1926, the son of Edward and GisellaGrossman, he attended local schools and entered the US Navy during World War II, at age 17. He was commissioned an Ensign in theUS Navy shortly after his 19th birthday. He served aboard the NavyHospital Ship, Mercy and the Attack Transport, Cavalier, in ThePacific Theater. He attended NYU (Uptown), Union College, TheNaval Midshipman School at Notre Dame University and AlbanyLaw School. He also served during the Korean Conflict aboard the Navy Refrigerator Ship, Graffias,in the Pacific and was Legal Officer of a Navy Air Squadron in Key West. He practiced Law inthe Navy and in Utica, for 45 years. He was a Past President of The Oneida County BarAssociation and Temple Beth El in Utica. He was a member of the Higby Hills Country Club,Utica, the Thendara Golf Club, Old Forge and Palm-Aire Country Club, Sarasota. He served on anumber of committees in these clubs.He was predeceased by his wife of 60 years, Doris Sherman Grossman; his parents; his daughter,Lynn Grossman Broehm; granddaughter, Jami Lynn Grossman; and brother, Herbert B.Grossman. He is survived by his daughter, Gwen M. Sarko (Alan); his son, Brad H. Grossman(Judy); and daughter, Fern L. Levy; nine grandchildren, Daniel Sarko (Naomi), Tracy Strimple(Sean), Eric Grossman (Kristina), Adam Levy (Alexandra), Daniella Levy, Kyle Grossman(Amber), Gabriel Levy, Alex Grossman (Alyssa) and Emma Evans (Chandler); and ninegreat-grandchildren, Ryan Grossman, Shira Sarko, Jack Strimple, Aviva Sarko, Lily Grossman,William Strimple, Nora Levy, Cole Levy and Aila Grossman; with two more on the way.He will be interred, with grave side services, in Temple Beth El Cemetery, Whitesboro, whencircumstances permit.Arrangements are with Mark C. Bentz Funeral Service, Inc., New Hartford, NY. To expresssympathy, please visit bentzfuneralhomes.com. Utica Observer Dispatchpage 8

ONEIDA COUNTY BAR ASSOCIATIONBar NewsJANUARY 2021Casemaker Legal ResearchProgramCoats from Counselors(Free Legal Research Program for OCBA Members)Reminder: To access Casemaker you must always log in to your Bar Associationwebsite www.oneidacountybar.org and click on the Casemaker “Log In” link.On January 5, 2021, Casemaker and Fastcase announced their merger. We will combine our teams andtechnologies to innovate research, analytics, and workflow offerings that empower lawyers with powerful digital solutions for their clients. Our vision is to be the #1 provider in each state and together wewill lead to market innovative solutions around citator, docket and brief, party analytics, and workflow.You probably have a great number of questions about this merger. We hope we can answer some ofthem below. As always feel free to reach out to us with any other questions or concerns you may have.Why did the two organizations combine?The opportunity to combine our two organizations provides our customers with the best opportunity toreceive market-leading research, analytics, and workflow solutions. Fastcase combined with the editorialand operational expertise of Casemaker provides the market with the best long-term opportunity for a3rd provider.Was this economically-driven?No – we started discussions in the fall of 2019, with the singular focus of combining to provide our barmembers the best research and workflow solutions.Is Casemaker getting acquired?No, Fastcase and Casemaker have merged and joined forces to enhance our resources and be able tosingle-mindedly focus on the mission that both parties share to democratize the law and build smarterlegal technology.Is Fastcase getting acquired?As above. No, Fastcase and Casemaker have merged and joined forces enhancing resources tofurther democratize the law focusing on the mission that both parties share to build smarter legaltechnology.page 9

ONEIDA COUNTY BAR ASSOCIATIONBar NewsWhat will happen to my Casemaker account in the future?JANUARY 2021Coats from CounselorsFastcase and Casemaker have the same commitment to your bar association. Keep utilizing your legal researchaccess/subscription as you know it today. Over time the combined efforts will enhance your experience withinthe Fastcase/Casemaker platform. Our goal over time is to provide all of our partners with the best capabilitiesof both companies. Any changes to your account or access will be communicated in advance.Will I also get access to both Fastcase/Casemaker?No, unless your bar association offers access to both currently. Your access or subscription will remain the samefor now. Our teams are coming together to hit the ground running. As we combine our resources, the combined team will send out notifications well in advance of any changes or upgrades. As always our goal is to putthe best data and technology possible in your hands.Will I still be able to access my county bar member benefit?Yes, of course. We are thrilled to be joining forces to enhance state bar offerings. Our commitment to state barassociation member benefits is redoubled by this combination.Will there be an increase in cost to bar members?There will not be an increase in costs to bar members.Will there be any staffing changes that might affect me?Your Fastcase and Casemaker experience will remain seamless. Both teams are combining to bring you the bestresources and we only hope to raise the bar.Who do users call?Casemaker customers will continue to contact the Casemaker support team you currently have access to.All improvements will be made in the best interest of platform users and will be communicated as soon asthey are finalized.Notices from VariousCourts re COVID-19Welcome New MemberVisit our “News” tab under the Resources page onour website for updated information as we receive it.VISIT OUR WEBSITEpage 10Robert P. Barrowman, Esq.The Matt Law Firm, PLLC1701 Genesee Street Utica NY 13501315-624-7360 Fax: 315-624-7359rbarrowman@mattlawfirm.com

ONEIDA COUNTY BAR ASSOCIATIONBar NewsJANUARY 2021Coats from CounselorsThe Practice PageSWINGING PENDULUMS AND CLASS ACTIONS:STATE OR FEDERAL COURT?Hon. Mark C. Dillon*This month’s column regard’sswinging pendulums. Thereason is that when examiningthe extent to which class actions are commenced in eitherfederal courts or our statecourts, a swinging pendulum isthe only appropriate metaphorto explain which of the parallel court systems receivesmore filings. Here’s why:State and federal courts are both equipped to hearclass actions. Attorneys for class representatives mustmake decisions prior to the commencement of actions about where to bring them. A significant factorin choosing between courts is that for there to befederal subject matter jurisdiction, there must be insuch cases 1) diversity of citizenship between the classrepresentatives and the defendant(s), and 2) a case incontroversy exceeding 75,000 in value exclusive of interest and costs (28 U.S.C. 1332[a][1]). Not clear fromthe bare federal statutory language, in the context ofclass actions, is whether the named class representatives need to individually meet the 75,000 monetarythreshold, or whether that amount can be met by theclass members collectively.The pendulum was initially skewed on the side of thefederal courts prior to 1973. A significant percentageof the class actions were litigated in federal courts prior to that time, before federal courts resolved whetherthe monetary threshold for federal jurisdiction appliedto each individual representative or to the class as awhole. That legal question was important enough,and debatable enough, that the U.S. Supreme Courtpage 11needed to resolve it. In 1973, the Supreme Courtdecided Zahn v International Paper, 414 U.S. 291. TheCourt held that each individual class representativeneeded to meet the monetary threshold for there tobe federal jurisdiction. The rule in Zahn was softenedsomewhat in Exxon Mobil Corporation v AllapattahServices, Inc., 545 U.S. 546 (2005), where the SupremeCourt held that if at least one class representative metthe monetary threshold, courts may allow non-qualifying representatives to participate in the action underthe exercise of pendant jurisdiction. Since many classactions are, by nature and definition, small-amountclaims of the class members, many such actions, whichhad previously been litigated in the federal courts, nolonger qualified to be there.So the pendulum then swung to the states. A considerable portion of class actions were directed to statecourts after 1973, which had the effect of promptingmany states to revamp their class action statutes. Illinois was the state that took the initiative in enactingthe first national model for the states, to better dealwith the influx of class actions that would otherwisehave been litigated in the federal courts. New Yorkamended its statutes in 1975 to substantively andprocedurally define the cases eligible for class treatment. The revamped New York laws mirrored thoseof Illinois. CPLR 901 requires that at the time of anaction’s commencement, the class representatives mustmeet each of five requirements: 1) the numerosity ofclass members, 2) the commonality of factual or legalquestions among the class members, 3) the identity ofthe representatives’ claims with those of the class, 4)the extent to which the class representatives will fairlyand accurately protect class interests, and 5) the supe-

ONEIDA COUNTY BAR ASSOCIATIONBar NewsJANUARY 2021THE PRACTICE PAGE (CONT.)riority of class action treatment for the fair and efficientadjudication of the controversy. Courts and defendantsare not bound by the plaintiffs’ filings as a class. CPLR902 requires that within 60 days of the time to answer aclass action complaint, the plaintiffs must file a writtenmotion to have the class “certified.” Courts may certifya class if all CPLR 901 factors are established, plus findingthat the representatives have established a preponderance of additional factors as defined in CPLR 902. Theadditional factors are 1) the interest of the individualscontrolling the litigation, 2) the impracticality or inefficiency of separate actions, 3) the nature and extentof any related pending litigations, 4) the desirabilityof concentrating the claims, and 5) the difficulties inmanaging the class action (Ferrari v National FootballLeague, 153 AD3d 1589, 1591). Whether to grant ordeny certification in any case is left to the court’s discretion (Small v Lorillard Tobacco Co., 94 NY2d 43).But then the pendulum swung again. In 2005, Congress enacted the Class Actions Fairness Act (CAFA)(28 USC 1332[d]), which nullified the U.S. SupremeCourt’s decision in Zahn by statutorily allowing theaggregation of individuals’ claims to meet the federal 75,000 monetary threshold, and allowing the diversityrequirement to be met merely if one plaintiff and onedefendant are from different states. CAFA swung thependulum back toward the federal courts where it istoday, under the class action procedures separately setforth in Federal Rule 23.Class actions, when properly brought, have greatimportance to class members whose claims mightotherwise be too small to prosecute on an individualbasis, absent the advantage that class status affords. Attorneys will decide for themselves whether their client’sinterests are best served by bringing such actions in thefederal courts sitting in New York, or in a state courtvenue. Procedures, speed, judicial expertise, and theorigin of jury pools may influence plaintiffs’ attorneysin determining where to best bring a class action. Fornow, the pendulum may remain for the foreseeablefuture on the side of the federal courts.Mar

Supreme Court of the State of New York on 7/13/50; by the United States District Court on 2/24/54; and by the United States Court of Appeals on 9/9/74. He received an award from the US District Court for distinguished service as an officer of the court for 50 years. He was a member of the New York S