Pedestrian Collisions In Chemung, Ithaca A Reminder About Walking Safely At Night, Says NY and PA Accident Lawyer

Police Captain Speaks on Elmira Shooting- Neighbor Reaction_14723095_ver1.0_640_360

WETM-TV.

Two Twin Tiers pedestrians were struck by vehicles at night this week, leaving a 15-year-old girl dead in the town of Chemung and seriously injuring a second person in Ithaca.

New York State Police said 15-year-old Xanadu Rumsey was walking along County Route 60 near Tomasso’s golf course and restaurant in the Town of Chemung at about 9:30 Tuesday night when she was struck from behind by a vehicle. She was transported to Robert Packer Hospital in Sayre, where she was pronounced dead.

State Police in Horseheads said the girl was walking in the same direction as traffic when she was struck. The investigation continues and troopers have not released any information about the driver of the vehicle.

reflective-pedestrian-crossing-signs-watch-for-pedestrians-l7534-lgState Police are asking anyone who saw two people walking along County Route 60 at about 9:30 Tuesday night to call State Police at 607-739-8797. They did not say who the second person was with Xanadu.

At 11:30 p.m. Wednesday, a tractor-trailer hit a pedestrian at the intersection of State Route 13 and Willow Avenue in Ithaca.

The pedestrian, who has not been identified, is in stable condition Thursday at an unidentified regional trauma center with serious injuries that are not considered life-threatening, according to the Ithaca Police Department.

Police said the injured pedestrian suffered a severe head injury. The driver of the tractor-trailer was not injured.

Anyone who witnessed the crash is asked to call the Ithaca Police Department at 607-272-9973 or its tip line at 607-330-0000. Email tips can be sent by going here: www.cityofithaca.org/ipdtips.

If you are going to walk at night along a street, road or highway, here are some safety tips to remember:

  1. Always walk facing traffic. Do it because it’s the law, but also so you can see what is approaching and maximize your time to avoid the car if it is potentially endangering you.
  1. Get as far to the right as you can – don’t walk on the fog line. Give cars as much room as possible, not because they don’t have to go around you, but because you want to do everything in your power to avoid a collision.
  1. Wear light-colored clothes and consider wearing something reflective to maximize your chances of being seen. Also consider carrying at flashlight that you can shine so an oncoming driver has a better chance of seeing you.
  1. Recognize that perhaps the most dangerous time for a pedestrian is when two oncoming cars are meeting near your location. The operators of the cars will be focused on each other, and the oncoming headlights will impede the vision of both drivers, making it harder for them to see you. They are likely to move toward, or even onto, their shoulders to give each other as much room as possible.
  1. Walk in well-lit areas. Avoid poorly-lit areas if at all possible.
  1. Obey traffic signals and devices unless a police officer directs otherwise, including pedestrian signals.
  1. Assume drivers do not see you. While you should do whatever you can to increase your visibility, do not walk into a crosswalk assuming that the oncoming vehicle can see you. It’s better to wait to be sure the vehicle stops than to make a wrong assumption.
  1. Do not wear headphones and turn off your phone. Be alert at all times while walking.

Thank you for reading,

Adam Gee
[email protected]
(607) 733-8866


Police Investigate After Pedestrian Struck By Vehicle In Town Of Chemung, Says NY and PA Accident Lawyer

emergency

A pedestrian was struck by a vehicle Tuesday evening in the town of Chemung, and the New York State Police are investigating, according to Twin Tiers news reports.

Emergency responders were called to county Route 60 near Tomasso’s at about 9:30 p.m. Tuesday for reports of an injured pedestrian. Tomasso’s is a restaurant and golf course.

According to one news report, the person struck by the vehicle received CPR on the scene. It was not clear if the pedestrian was transported to a hospital.

State police declined to release any other information at midday Wednesday.

We will update this post as more information becomes available.  Our thoughts are with the pedestrian, and we hope to hear good news concerning his or her condition soon.

UPDATE – local media is now reporting that the collision occurred at approximately 9:15 PM on July 17, 2018.  It is also reported that the pedestrian involved in this collision is a 15 year old girl who was walking home with her father, and that emergency crews were performing CPR on the girl at the scene.  More information is expected to be released later today.

UPDATE #2 – We are very sad to report that pedestrian has died.  15 year old Xanadu Rumsey was pronounced dead at the Robert Packer Hospital after being struck from behind by a vehicle.  It is reported that this was a hit and run collision, and the police continue to investigate and search for the driver involved.  If you have any information concerning this collision, please contact the NY State Police at 607-739-8797.

Thank you for reading,

Adam Gee
[email protected]
(607) 733-8866

 

 

 


Elmira Seeks Safer Streets With New Transportation Plan

Elmira City Hall.

Elmira City Hall.

Our streets could soon be getting safer in the city of Elmira and Chemung County.

That’s because the city of Elmira and town of Southport are among the communities that have taken positive steps forward recently in adopting Complete Streets policies and designs in hopes of making our streets safer for bicyclists, motorcyclists, and pedestrians as well as improving traffic flow.

Nicolette Wagoner.

Nicolette Wagoner.

Elmira City Council voted unanimously recently to adopt the program, which is in compliance with state law and the state Department of Transportation guidelines. According to a 2011 state law, state, county, and local agencies must consider all users’ convenience and mobility, not just the needs of motorists, when planning transportation projects that receive state and federal money. The Southport Town Board had previously approved it.

Chemung County Planning Commissioner Nicolette Wagoner and county Public Works Commissioner Andy Avery, who wrote the proposal that was approved by Elmira council members, showed real vision for a safer future for all people in drafting and supporting this policy.

Andy Avery.

Andy Avery.

Complete Streets, adopted as law in New York State, targets the improvement of transportation options in all communities for residents of all ages and abilities. That means all street construction and reconstruction projects need to be accessible to people with disabilities and safe for everyone, regardless of the method of transportation.

Complete Streets is the work of Smart Growth America, founded in 2000, to help communities plan smarter and safer development and today is a leading advocate for federal programs that support neighborhood development.

According to Smart Growth America, Complete Streets:

  • Improves safety while incomplete streets put people at risk.
  • Promotes good health while incomplete streets restrict physical activity.
  • Makes for a good ride on mass transit while incomplete streets are a barrier for riders and good service.
  • Improves mobility for older Americans while incomplete streets are a problem for older Americans.
  • Helps people with disabilities while incomplete streets impede livability.
  • Stimulates the local economy by steering people to mass transit, which pays a “green dividend,” allowing residents to spend their money in other ways in the community. This happens in cities of all sizes.
  • Is equitable streets for everyone, regardless of age, ability, ethnicity, income or travel mode, while incomplete streets are dangerous, especially in low-income communities that are disproportionatey affected by unsafe streets. In counties where more than 20 percent of households have incomes below the federal poverty line, the pedestrian fatality rate is 80 percent higher than the national average, the report says.
  • Helps keep kids save while incomplete streets are a barrier for children: fewer children riding bikes to school and increased childhood obesity rates are among the outcomes.
  • Fights climate change instead of incomplete streets hampering climate change strategies. We need more people walking, riding bikes, and taking mass transit to work and fewer motorists driving their own cars as carbon emissions continue to soar.

Wagoner, the county planning commissioner, told the Star-Gazette that the program isn’t a mandate but it encourages communities to look at all users when planning street projects.

“This shows Elmira cares about all modes of transportation, making roads safe for vehicles, pedestrians, and bicyclists,” she said. “It’s not a requirement but it’s a nice thing to do, and it helps us when we fill out applications for grant funding. For the federal aid we receive, DOT requires you do Complete Streets.”

In the past, Wagoner said, cities were designed with wider streets to favor automobiles. “We have to fix the mistakes that were made 40 years ago. We’re talking about making crossing distances shorter, talking about where to put crosswalks. I think adding on-street parking will show traffic down.”

She pointed to East Water Street, from Madison Avenue east to the Interstate 86 exit ramp, as an example of a street with little or no on-street parking. Because of the wider street and few if any parked cars, motorists tend to go faster. More parkers will slow drivers.

Many streetscape improvements, including work toward reopening the Lake Street Bridge for pedestrians only, are in the planning stages for 2019 and 2020 in Elmira, she said.

“We want to see pedestrian and bicycle accidents go to zero,” she told the Star-Gazette. “Elmira is flat. It should be very walkable.”

Thanks for reading,

Jim

James Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


How To Stay Safe When Boating This Summer, Says NY and PA Personal Injury Lawyer

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As our summer heats up, more people are heading for their nearest river or lake for some water recreation to keep cool and spend time with family and friends. There will be food and drink, including some alcohol … and we hope some life jackets.

From paddleboards to motor boats, getting out on your favorite body of water for some fun is a great way to beat the summer heat, but only if you are prepared and sober and drug-free.

The New York State Office of Parks, Recreation and Historic Preservation reports there were 15 fatal boating-related accidents in Upstate New York in 2017. The 15 deaths in 2017 included two in  Twin Tiers lakes, according to news reports:

  • A kayaker was killed April 17 when the kayak he was operating capsized on Almond Lake in Steuben County. He was not wearing a life jacket.
  • A motorboat passenger was killed Aug. 10 when he was ejected from his seat and run over by a boat on Waneta Lake in Schuyler County. He had marijuana in his system and was not wearing a life jacket.

The other deaths involved capsized canoes, a pedal boat accident, a paddleboard fall, swimming off a motor boat, a capsized rowboat, and a cabin swamped by a wave and sunk in rough waters.

In many cases, there were not life jackets or any personal flotation devices. Alcohol and drug use were reported in some cases.

According to national recreational boating statistics from the U.S. Coast Guard, in 2017, there were about 4,291 accidents that involved 658 deaths, 2,629 injuries and about $46 million in property damage as a result of crashes.

The fatality rate of 5.5 deaths per 100,000 registered recreational vessels was a 6.8 percent decrease from the 2016 fatality rate of 5.9 deaths per 100,000.

The number of accidents decreased 3.9 percent from 2016 to 2017. In addition, the number of deaths decreased 6.1 percent and the number of injuries fell 9.4 percent.

Let’s keep decreasing those numbers. Remember your life jackets and don’t use drugs or alcohol before or during boating.

Remember: If you are the operator of a boat you should ensure that your passengers are wearing life jackets (when required or appropriate for the conditions) and are not dangerously intoxicated or impaired.  If you feel that it’s unsafe for your passengers to be out on the water, you should do the right thing and get to shore.  Never forget:  YOU are the captain of the ship.

Here is why: 76 percent of fatal boating accident victims drowned, and of those drowning victims with reported life jacket use, 84.5 percent were not wearing a life jacket.

Finally, alcohol use is the leading known contributing factor in fatal boating accidents, according to the report.

Boating safety courses are not required under state law for anyone born before 1996, but with summer upon us, I would encourage everyone to take boating education seriously and consider taking the course.

Important information from the New York State Boaters Guide:

Motor Boat Education Requirements:

  • Operators born on or after May 1, 1996, must have a boating safety certificate and be at least 10 years of age.
  • Operators who are younger than 18 years of age must be accompanied by a person who is at least 18 years of age or older and is the holder of a boating safety certificate or not required by law to hold a certificate.
  • The operator is the owner of a recently purchased motor boat, if required by law to hold a boating safety certificate may operate the vessel without the required certificate for up to 120 days from date of purchase.
  • Persons 18 years of age or older may rent a motor boat without a boating safety certificate provided that the operator of the livery holds a certificate, demonstrates the use of the vessel and safety equipment, and the person renting demonstrates their understanding of the vessels operation and safety equipment. Those under the age of 18 must have a boating safety certificate in order to rent a vessel.

Motor Boat Operators Exempted From Having To Hold A Boating Safety Certificate:

  • Persons born before May 1, 1996.
  • Certified New York Safe boating instructors.
  • Members of the USCG Auxiliary or US Power Squadron.
  • Persons licensed by NYS Parks, the United States Coast Guard or Canadian Coast Guard to operate commercial vessels.
  • Police officers, peace officers, fire and rescue personnel, and life guards when acting pursuant to assigned duties
  • A resident of another state or country who is the holder of a valid boating safety certificate issued according to the laws of their home state or country

Before you hit the water, remember to keep safety in mind!

Thanks for reading,

Jim

James Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Steuben County Magistrates’ Association Honors Retired Special Counsel

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From left, Hon. Betsey Farley, Steuben County Magistrates’ Association secretary; Hon. Annette Viselli Thorne, Steuben County Magistrates’ Association vice-president; Hon. Christie Brothers, Steuben County Magistrates’ Association treasurer; Maryclaire Donovan Frank; Hon. David Domm, Steuben County Magistrates’ Association president; Hon. David Gideon, New York State Magistrates’ Association president.

The Steuben County Magistrates’ Association honored recently retired 7th Judicial District Special Counsel Maryclaire Donovan Frank during its monthly meeting on May 11 at the Bath American Legion.

Maryclaire was instrumental in molding many judges throughout Steuben County, providing town and village justices with personal care, support, education, and instruction that went above and beyond the call of duty.

Maryclaire was town justice in the Town of Erwin for 17 years and was in private practice until 11 years ago, when she retired and was appointed by the New York State Office of Court Administration to the position of special counsel.

Maryclaire supervised town and village justices in the following counties in the 7th Judicial District: Steuben, Yates, Wayne, Cayuga, Livingston, Monroe, Ontario, and Seneca.

Maryclaire is the daughter of retired State Supreme Court justice W. Denis Donovan.

The Ziff Law Firm salutes Maryclaire and wishes her well in her retirement!

Thanks for reading,

Jim Reed

Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Email: [email protected]
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com


Three Partners At Ziff Law Named 2018 Super Lawyers

Adam Gee, Jim Reed, and Christina Sonsire.

Adam Gee, Jim Reed, and Christina Sonsire.

Jim Reed, Adam Gee, and Christina Sonsire of the Ziff Law Firm have been named 2018 Super Lawyers in Upstate New York following a rigorous nomination process.

Super Lawyers, a rating service of lawyers working in more than 70 practice areas, selects the top lawyers based on nominations by their peers and an evaluation of 12 indicators of professional recognition and achievements. Those selected are grouped by practice area and size of the law firm. Ziff Law is a personal injury and medical malpractice law firm.

“We are so proud to be the only firm in Upstate New York where all the partners have been selected as Super Lawyers because it speaks to our excellent reputation among our fellow lawyers who selected us during the peer review process,” Jim said. “For our clients, that reputation is a huge factor in ensuring that we achieve the very best possible results for their cases.”

Jim, the managing partner of the law firm, was selected for Super Lawyers for the 11th year in a row. Jim has been with the Ziff Law Firm since 1986 and has been managing partner since 2001.

Adam, a partner in the law firm, was selected for Super Lawyers for the seventh time. Adam has been with Ziff Law since 2004.

Christina, a partner in the law firm, was selected for Super Lawyers for the second time. Christina was selected as a Super Lawyers Rising Star, for outstanding lawyers 40 years old and younger, from 2013-2016. Christina has been with Ziff Law since 2008.

To learn more about the Ziff Law Firm, go to www.zifflaw.com. To learn more about Super Lawyers, go to www.superlawyers.com/new-york-upstate.


Good News For Twin Tiers Military Veterans: Ziff Law Veteran Of The Game Program Returns To Elmira This Summer

Courtesy of Elmira Pioneers.

Courtesy of Elmira Pioneers.

Military veterans in the Elmira-Corning area were sad to see the Ziff Law Firm’s Veteran of the Game program move to Broome County last fall for the Broome County Arena and Binghamton Devils home games. But today we have good news for our Twin Tiers veterans — the program is expanding and coming back to Elmira this summer.

We are the proud sponsors of the program, which had previously saluted more than 200 veterans and active-duty personnel during eight seasons with the Elmira Jackals at First Arena in downtown Elmira. The program was forced to leave Elmira after the Jackals disbanded following the end of the 2016-17 hockey season at First Arena.

Now after a successful first hockey season with the Devils, we’re excited to be back home.

The Ziff Law Firm and Elmira Pioneers will honor veterans at Dunn Field in Elmira this summer during Pioneers home games, and continue to salute veterans in the fall and winter months during Devils home games. The Veteran of the Game program replaces the Ziff Law Firm’s Hometown Heroes program at Dunn Field, which saluted community volunteers and heroes during five Pioneers seasons.

To nominate a veteran today, see the end of this blog post.

We are very excited to find a summer home for the Veteran of the Game program. It was very popular at First Arena, so we have been looking for ways to expand the program and bring it back to Elmira. The Pioneers provided us with the perfect opportunity.

The Veteran of the Game program grew in popularity during its first season at the Broome County Arena, said Ziff Law attorney Michael Brown, who lives in Vestal and was new this past season to the program.

“When the fans give the veterans a standing ovation, it’s an unforgettable moment for the veterans and their families,” he said. “It’s apparent the fans and people of Broome County appreciate the sacrifices our veterans have made, and have welcomed the program.”

The Pioneers play in the Perfect Game Collegiate Baseball League. The regular season begins June 1 and concludes July 31. Opening night at Dunn Field is June 1, with the Pioneers hosting the Newark Pilots, starting at 7:05 p.m.

To see the Pioneers’ schedule and select a home game for a nomination, click here.

Cover shot option 2Robbie Nichols, the owner of the Pioneers, said he has admired the Veteran of the Game program since his years as general manager of First Arena.

“I have seen how special this is for veterans and their families,” Robbie said. “I appreciate what the Ziff Law Firm has accomplished by honoring our veterans through this great program, and I am honored that the Pioneers will be part of the tradition starting this summer.”

Male and female veterans and active-duty personnel who are home on leave can be nominated for the program.

During the Pioneers game, the public-address announcer will introduce the veteran and read a short biography of their military service. The veteran will be seated in a box seat along the first baseline with seven friends or family members, courtesy of free tickets from the Ziff Law Firm.

When the salute is announced, the veteran can stand or remain seated, and at the end of the announcement, Pioneers fans will probably do what Jackals fans always did — let out a big cheer!

“I am honored to once again have the opportunity to honor our veterans,” said program coordinator Annette Viselli Thorne of the Ziff Law Firm. “I look forward to seeing some of our past-recognized veterans as well as meeting new veterans.

“The military people who are honored and their families and friends say it is an evening they will remember forever, and we hope to create many more memories this summer at Dunn Field,” she said.

How to nominate a veteran

Male and female veterans and active-duty personnel who are home on leave can be nominated for the Veteran of the Game program by using one of the following ways to contact the Ziff Law Firm:

Email: [email protected].

Call: 1-800-943-3529 or 607-733-8866.

Mail:

Ziff Law Firm
303 William St.
P.O. Box 1338
Elmira, NY 14902-1338

For more information: contact program coordinator Annette Viselli Thorne at [email protected] or 607-733-8866.

We hope you will nominate a veteran you know today.

Thanks for reading,

Jim

___________________________________

James B. Reed
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Top NY Court Questions Privacy On Facebook Posts, So Think Before You Post

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If you think your private Facebook account and its personal photos will never be exposed publicly, think again.

The top court in New York State recently ruled that parts of Facebook users’ private profiles are fair game to opponents in a lawsuit and can’t be shielded by privacy settings.

 

According to news reports, the Court of Appeals case in question involved a woman’s serious fall from a horse in a Long Island park in 2011. Kelly Forman sued the horse’s owner, claiming a strap attaching the stirrup to the saddle broke, leading her to fall. She said she suffered traumatic brain damage that has caused memory loss and difficulty communicating, among other problems.

 

Attorneys for Mark Henkin, the horse’s owner, wanted access to Forman’s Facebook account, saying they needed that to evaluate her credibility and injuries. A trial court granted access to private sections of her Facebook account, but an Appellate Division decision said Forman only had to show photos and messages she planned to reveal at her trial.

 

The Court of Appeals decision basically said Forman can’t decide what Facebook information can be revealed in her trial.

 

The case returns to the trial court now, where the horse owner’s attorneys can pursue Forman’s Facebook information.

 

The Court of Appeals, in the 7-0 opinion, compared social media material like Facebook photos to information kept in a file cabinet and said it should be available in a lawsuit if relevant.

 

NY Court of Appeals Chief Judge Janet DiFiore.

NY Court of Appeals Chief Judge Janet DiFiore.

Chief Judge Janet DiFiore compared Facebook information and medical records in writing for the court. If a patient commences a lawsuit, the patient may have to release private files if they pertain to the lawsuit, she wrote.

 

For example, if a person brings a lawsuit, the other side – the insurance company and their lawyers – often ask the person suing to see their Facebook postings, including photos. In some cases, they want to see why you are not able to do something now that you were able to do before.

 

Previously, NY courts have been specific that a defendant and their insurance company and their lawyers didn’t have a right to look beyond a person’s public settings in Facebook. If you permit everyone to see everything on Facebook, then defense lawyers and their insurance companies can see everything, too. But if you lock down your settings to friends only, posts were off-limits to the other side.

 

With the new ruling, the courts are not going to automatically allow access beyond a privacy setting. Trial judges will decide on a case-by-case basis if it’s appropriate for a defendant and their insurance company to see what was posted privately.

 

There is a very good reason for that decision: what the court is saying is just because you label something as “private” doesn’t necessarily mean that information is not relevant for the other side to be able to see. People often have to disclose private information in a lawsuit because the courts consider it relevant.

 

Here is the bottom line to remember from this case: there is no such thing as 100 percent privacy once you post something online.

 

Think before you post.

Thanks for reading,

Jim

___________________________________

James B. Reed
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Sonsire Helps Create New Statewide Legal Course For Lawyers After Being Named Dean Of Trial Lawyers’ Group

Christina Sonsire of Ziff Law Firm

Christina Sonsire, a medical malpractice lawyer and partner with the Ziff Law Firm, has helped prepare a new course on diversity and inclusion for the New York State Academy of Trial Lawyers, which she will begin teaching in March.

The Academy provides member lawyers across the state with Continuing Legal Education (CLE) classes for professional development.

portal_logo3In 2017, Christina was named just the sixth dean in the Academy’s history and was asked to participate in the preparation of the new CLE course for its members.

The new course is “Breaking Down Bias: Identifying and Eliminating Inequality In The Legal Profession.” A member of the Academy since 2008, Christina was inducted as a dean in May 2017 in New York City.

“The Academy was created to give upstate lawyers a bigger voice in New York’s legal community, and it is the premier legal association in the state,” she said. “There are other trial lawyer associations in New York state, but they tend to be focused more on downstate. The Academy has done a great job of connecting upstate and downstate lawyers so we can learn from each other, and make sure the issues specific to upstate residents are heard.”

Christina has made an impact on the Academy from the time she joined a decade ago, said Michelle Stern, executive director of the Academy.

Michelle Stern.

Michelle Stern.

“She has given numerous statewide lectures on a variety of topics, and has been a great asset on a select Academy committee that interviews nominees to New York’s Court of Appeals and offers feedback to Governor Cuomo,” Michelle said. “Having Christina serve as a CLE dean is a great way to allow her to take on an even bigger role within our organization, something that benefits all New York attorneys.”

The new two-hour course will discuss the impact of explicit and implicit bias inside and outside the courtroom. The course is part of a new category of CLE classes in 2018 for attorneys in New York State: Diversity, Inclusion, and Elimination of Bias, which was established by the New York State Unified Court System, which administers the courses. The other categories are Ethics and Professionalism, Skills, Law Practice Management, and Areas of Professional Practice.

Attorneys in New York State are required by the New York State Bar Association to attend 24 credit hours of CLE classes over the course of every two years. New York State lawyers admitted to the bar for two or more years will have to earn at least one Diversity, Inclusion, and Elimination of Bias credit every two years, starting July 1. The new course provides two credits.

Members of the Academy don’t have to pay any additional charges for CLE courses, which are offered by the Academy across the state at different times and locations. The closest course locations for Southern Tier lawyers are Rochester and Syracuse.

“The new CLE requirement is a great thing, but it came as a bit of a surprise,” Christina said. “At the Academy, we are trying to develop good programs right away to be sure New York lawyers are able to both obtain the requisite credits, and also learn something new in an interesting way.”

Christina will teach the new course with Syracuse University Law Professor Peter Blanck and Dr. Ynesse Abdul-Malak, a sociologist and post-doctoral fellow at Syracuse University, starting on March 27 in Buffalo and Rochester. They will also teach the course on March 28 in Albany and Syracuse, April 4 in New York City, and April 5 in Long Island.

Prior to the classes, lawyers are receiving surveys from the presenters, asking them about the implicit biases in their law practices, Christina said. The responses will be discussed during the two-hour classes.

“The surveys will help lawyers think deeply about these issues before coming to the program,” she said. “Professor Blank and Dr. Abdul-Malak are at the top of their fields, and anyone who attends will have a great opportunity to learn about matters that shape the rule of law in ways we often fail to consider.”

Christina will also teach another statewide course in 2018, but the specific topic has not been announced yet. In the past, Christina has taught other CLE classes on topics such as depositions, punitive damages, direct examinations, and a course specific to birth injury as a result of medical malpractice.

Christina is also a member of the Academy’s judicial selection committee, which interviews and recommends nominees for vacant state Court of Appeals openings. The Court of Appeals is the state’s highest court. The committee has made several recommendations in recent years because of retiring judges.

Being a member of the Academy has greatly expanded the network of lawyers that Christina knows, and meeting with attorneys from across the state while preparing for and teaching classes has made her a more resourceful lawyer, she said.

“It’s been a great 10 years of learning from many other lawyers with more experience,” she said. “I am glad I have taken the opportunity to learn from my upstate and downstate colleagues and build some great connections that have benefited my practice and the Ziff Law Firm.”

Thanks for reading!

Jim

___________________________________

James B. Reed
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


Buckle Up! Cuomo Wisely Proposes Seat Belts For All Passengers In NY

car-seats4

Everyone should buckle up.  Even back-seat passengers!

That’s what New York Gov. Andrew Cuomo has proposed in his 2018-19 state budget plan. He wants everyone riding in a vehicle in NY to wear seat belts, and I applaud his proposal because I have seen what can happen when a back-seat passenger isn’t safely restrained by a seat belt.

A few years ago, I handled the very tragic case of a 15-year old-girl who was riding as an unbelted back-seat passenger when she was killed in an accident.

Compounding the tragedy is the fact that I am certain that she would have survived had she been wearing a seat belt.

185213258-cropped_400wMy advice to everyone: If you are riding in ANY vehicle (car, boat, plane, ATV) in ANY seat (front, rear, middle) where there is a seat belt available, USE IT! Most fatalities are caused by an unrestrained person either violently impacting with the interior of the vehicle or being thrown from the vehicle and crushed.

The state currently only requires the drivers and front-seat passengers to wear seat belts, and anyone under 16 years old is also required to buckle up.

CuomoThe budget also proposed outlawing hands-free phone use by junior permit and junior license holders and requiring children younger than 8 years old to be properly secured in necessary car seats when riding in a school car or van.

We were the first state, in 1985, to make seat belt use mandatory for drivers and front-seat passengers. The state says about 21 percent of highway deaths in New York State happen to people who were not wearing their seat belts, and not wearing a seat belt was found to be a greater factor in vehicle-accident deaths than alcohol or excessive speed, according to the state.

Under current law, drivers in NY can be ticketed and fined $50 for not wearing their seat belts and fined $100 if someone younger than 16 is not buckled in safely.

But this issue isn’t about fines or tickets. This is about keeping everyone safe in your vehicle, not just people in the front seat and children in the back.

Soon, everyone will have to wear seat belts when they are in a moving vehicle. Get a jump on the law and make sure everyone in any vehicle you are in is wearing their seat belts.

They save lives. It’s that simple.

Thanks for reading!

Jim

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James B. Reed
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com