The Frank H. Hiscock Legal Aid Society announces that Linda Gehron, Esq. has assumed her new role as President & Chief Executive Officer of the organization effective February 1, 2017.

Linda succeeds Susan R. Horn who retired on January 31, 2017 after almost 27 years in the position.

“The board of directors and I are pleased to have Linda leading the organization,” said Virginia A. Hoveman, Esq., Board Chair.  “Linda’s unwavering commitment to our mission and clients, and over three decades of experience practicing in various areas of the law in Central New York undoubtedly will allow her to build upon the strengths of the organization so that we can continue to meet the growing needs and challenges of ensuring access to justice for all.”

Linda joined Hiscock Legal Aid in 2012 and since March of 2013 has served in the role of Family Court Program Supervising Attorney.  She received her J.D. (Cum Laude) from Syracuse University College of Law and is very active in the New York State Bar Association, the New York State Defenders Association and the Onondaga County Bar Association.

OCBA DISTINGUISHED LAWYER AWARD ACCEPTANCE SPEECH

Susan R. Horn

10-27-16

How much luckier could a girl be than to grow up with a cousin like Rosemary Pooler as a role model? Decades before Hillary famously said in China, Rosemary taught me that women’s rights are human rights and helped change the course of my life. Thank you Rosemary…not even Patty Duke had a better identical cousin.

I am very honored to receive this award. I thank the Onondaga County Bar Association for honoring me and I am especially humbled to have been nominated by members of this bar, including colleagues at Hiscock Legal Aid, for whom I have such respect and admiration.  My thanks to all of you.

My congratulations to Judge Mordue for receiving the well-deserved Ruger Award. We go back a long way so it’s very nice to share this special occasion with you, Judge.

I’ve been blessed with incredible family and friends, many of whom are here. Thank you all for being with me tonight and throughout my life. Special thanks to my spouse and greatest supporter, Sue Gorton, who while dealing with her own career as a school administrator, has seen me through many professional ups and downs with love, good counsel and patience.

I was lucky to grow up in the 60s with the civil rights, anti-war and women’s movements. Among my heroes were Thurgood Marshall, Constance Baker Motley, Bella Abzug and William Kunstler…not to mention Atticus Finch…lawyers who went into the courtroom on behalf of the poor and oppressed to change the world…and they did change it.

So I went to law school in 1971 to try to change the world, too. Just two weeks after I started law school, the Attica Prison Rebellion happened and my real legal education began in the prisons of upstate NY. The inmate survivors of the retaking of the prison became our teachers when soon-to-be lifelong friends, Alan Rosenthal, Maurie Heins, Marsha Weissman and I interviewed and worked with them for the Attica Brothers Legal Defense. We all gained a deeper understanding of what it means to be poor, black and incarcerated in this country; of our privilege being white, middle class and educated; and the seriousness of our responsibility to work for racial and social justice.

When I graduated, my first job was with Onondaga Neighborhood Legal Services, now Legal Services of Central New York, where I learned the importance of providing civil legal services to low income people.

I had two great stints in private practice, first with my friends Alan Rosenthal & Joe Heath and later with my friends Maurie Heins, Susan Finkelstein and Christina Pezzulo. But I found my true professional home at the Hiscock Legal Aid Society where I’ve been for over 32 years, becoming the CEO in 1990.

It may be cliché to say that you’re sharing an award with others but for me, it’s true and heartfelt. Any work that distinguishes me has been done in partnership with, and with the support of the administrators, attorneys, paralegals and support staff at Hiscock Legal Aid with whom I have had the privilege and pleasure of working for all of these years. They really are too numerous to mention…166 attorneys and other staff have worked at legal aid during this time. Some have made lifelong careers at Hiscock; many have left to pursue other opportunities, taking their passion for justice and what they learned at legal aid with them. I share this award with all of them.

I do have to give a shout out to just a few special people who represent all the others. First and foremost, Joanne Sawmiller, our Chief Operating Officer, who has committed her entire professional life to Hiscock Legal Aid and our clients. When I became the CEO, she taught me about managing an organization. She has made me look good. Joanne represents the best of Hiscock Legal Aid and of public interest work. Thank you, Joanne. Thanks also to my friends and former colleagues Langston McKinney and David Okun who taught me, and many others, what it means to be a criminal defense lawyer.

I have also been incredibly lucky to have had the support of dozens of committed, caring Board members over these years. They have all made a difference in our community. And how can you go wrong when you have the mentorship and friendship of Board Chairs like Denny Baldwin, Catherine Richardson, Larry Bousquet, Fred Marty, Ellen LaBerge, Therese Wiley Dancks, Tony Malavenda, Rich Engel, Suzanne Galbato and incoming chair, Virginia Hoveman? They define what leadership for change means.

I want to ask all present and former staff and Board members to please stand and be recognized.

Thank you all!

We at Hiscock Legal Aid Society have also been fortunate to have great collaborative partners in the legal services community…Dennis Kaufman, Sam Young and the staff at Legal Services of Central NY; Paul Lupia, Dan Altwarg and the staff at Legal Aid Society of Mid-NY; and Sally Curran of the Volunteer Lawyers Project, an innovative and courageous new leader in our community. Thanks for all the great work that all of you do.

I’m reminded every day in our offices of the words of a Phil Ochs song I listened to a lot in college…”There but for fortune may go you or I.” The thousands of people we serve each year really are no different from you or me…just less fortunate. I am so proud of the work done every day by our skilled, dedicated (and overworked and underpaid) staff to help our clients…people facing homelessness, domestic violence, unemployment, the loss of their children or the loss of their liberty. I have learned that there are many different ways to change the world…at Hiscock Legal Aid Society we do it every day, one client at a time.

What we do at Legal Aid, we do with the generous support of many of the firms and people here in this room and in the wider legal community. We are very grateful for that.

But I have to tell you that government is failing in its obligation to provide adequate resources to meet the need. This is especially true with respect to mandated services. Our staff who provide mandated representation in Family Court, in appeals and in parole revocation cases, work long hours at extremely low pay under the weight of crushingly excessive caseloads that hamper their ability to do the work that needs to be done. Nonetheless they do amazing work…but we must demand more support for that work.

Many of you know that Onondaga County was one of five counties sued along with NYS for the failures of the current indigent criminal defense system. In part as a result of the settlement of that lawsuit, the County recently sought proposals to revamp the local system and we proposed that Hiscock Legal Aid Society become the primary provider of criminal defense services for the County. This association opposed our proposal and supported the proposal to continue the current Assigned Counsel Program and the County ultimately decided to continue with that program. I’m not here to litigate that decision, but I will say that we as a legal community have a responsibility, and this association by taking the position it did, has assumed a special obligation to ensure that defendants in our community are provided with proper representation.

The well-documented failures of the current system that resulted in the Hurrell Harring lawsuit and settlement must be corrected.

It is unacceptable for defendants to sit in jail for weeks and months without seeing an attorney.

It is unacceptable for defendants to meet their attorneys for the first time in court and be advised to plead guilty.

It is unacceptable for cases to be disposed of or taken to trial with little or no investigation conducted.

And it is unacceptable for attorneys working hard to do right by their clients to have their vouchers cut because someone decides that they spent too much time with their clients, or visited too many times in jail, or made too many motions.

These practices, among many others that undermine the right to counsel, must end. Real, meaningful change must be made now.

Defendants deserve no less.

Justice demands no less; we should demand no less.

I thank you for honoring me and for honoring the work of the Hiscock Legal Aid Society.

##

OCBA DISTINGUISHED LAWYER AWARD ACCEPTANCE SPEECH

Susan R. Horn

10-27-16

How much luckier could a girl be than to grow up with a cousin like Rosemary Pooler as a role model? Decades before Hillary famously said

Click here to read more

Congratulations to Suzanne O. Galbato on receiving the 2016 Successful Business Women Award!  The award appropriately reflects the time you have dedicated to our community.  On behalf of the Board and Staff, we wish you continued success in the future.

CHILD CUSTODY & PARENTING TIME

Change of Circumstances

“Alienation”

Ladd v. Krupp, 2016 NY Slip Opinion _____ [4th Dept 2/11/16]

The father’s concerted effort to interfere with the mother’s contact with the child resulted in a finding of a change of circumstances and an award of custody to the mother. The record established that the mother had attempted to foster a relationship between the father and the child, while the father “blatantly and repeatedly” violated the court’s directive not to discuss the
litigation with the child; repeatedly told the child that the mother was irresponsible and unintelligent; and limited the mother’s access to the child or placed absurd restrictions on her access.
http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-11-16/PDF/0098.pdf

Excessive Corporal Punishment

Matter of DeJesus v Gonzalez, 2016 NY Slip Op 01059 [4th Dept 2/11/16]

The trial court erred in determining that the mother failed to establish a sufficient change incircumstances to warrant an inquiry into the best interests of the children where the record established that the father asked the mother to pick up the parties’ three-year-old daughter from his residence in Pennsylvania because he was unable to handle heralleged misbehavior; the child was discovered to have extensive bruising andscrapes on her knees; the daughter disclosed to the CPS investigator that the father had struck her with a belt and that she sustained the scrapes on her knees from kneeling on a “cat scratcher” as a form of punishment.; the son corroborated the daughter’s account of the corporal punishment; the father admitted that he once spanked the daughter with a belt and made her kneel on the “cat scratcher”; and the records of the daughter’s medical examination documented that she had “multiple bruises all over her body in different stages of healing. On review the Court concluded that the father had repeatedly inflicted excessive corporal punishment upon the daughter which supported a finding of a change of circumstances and an award of sole custody of the children to the mother in their best interests.
http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-11-16/PDF/0012.pdf

Conditions Upon Parent’s Right to File For a Modification

Matter of Waite v Clancy, 2016 NY Slip Op 00793 [2/5/16]

The Court modified the Family Court’s order that awarded the father sole custody and suspended the mother’s visitation “until she engages successfully in mental health and drug and alcohol evaluations, and . . . recommended treatment, and upon successful completion of [the] same. While the trial court’s determination to suspend the mother’s visitation was supported by evidence that such was detrimental to the child’s welfare, the court lacked authority to condition the resumption of visitation upon her completion of mental health and drug and
alcohol evaluations and compliance with all treatment recommendations.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-05-16/PDF/0014.pdf

Modification

No Hearing Required When Insufficient Evidentiary Showing

Matter of Fowler v VanGee, 2016 NY Slip Op 00832 [2/5/16]

A hearing is not required whenever a parent seeks modification of a prior order. When a parent fails to make a sufficient evidentiary showing of a change in circumstances, no hearing is required.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-05-16/PDF/0096.pdf

CHILD PROTECTION

“Alienation” A Basis For Neglect Adjudication

Matter of Isobella A. (Anna W.) 2016 NY Slip Op 00831 [4th Dept 2/5/16]
The evidence established that the mother alienated the children from their fathers. She also interfered with the fathers’ visitation and made false allegations against them or their significant others. As a result of the mother’s conduct, Isobella was confused about who was her real father; was diagnosed with an adjustment disorder; and had poor behavior in school. The evidence also proved that the mother forced Cameron to lie about Joseph and taped him stating those lies. The Court approved a determination that the mother’s conduct impaired the children’s emotional condition or placed them in imminent danger of such impairment under Family Ct Act § 1012 [f] [i] [B].
http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-05-16/PDF/0094.pdf

Appeal and Motion to Vacate

Matter of Annabella B.C. 2016 NY Slip Opinion 01064 [4th Dept 2/11/16]

It was error for the Family Court to deny the mother’s motion to vacate her admission to neglect on consent on the sole basis that an appeal of the consent finding was pending.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-11-16/PDF/0032.pdf

Derivative Neglect

The Family Court determined that the Respondents neglected Bentley P.S., a
sibling of the subject children, but declined to make a finding of derivative neglect as to the other subject children, because it was unclear whether these children were nearby when the neglect occurred. The Court affirmed , stating that while FCA § 1046 (a) (i) permits evidence of neglect of one subject child to be considered in determining whether other subject children were neglected, the statute does not mandate a finding of derivative neglect without more.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-11-16/PDF/0130.pdf

Psychological Reports

Matter of Isobella A. (Anna W.) 2016 NY Slip Op 00831 [4th Dept 2/5/16]
The mother’s contention that the court erred in admitting the reports and testimony of a psychologist was not preserved for appellate review.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-05-16/PDF/0094.pdf
CHILD SUPPORT ENFORCEMENT

Willful Violation Did Not Preclude a Hearing on a Petition For Downward Modification

Mandile v Deshotel  2016 NY Slip Op _____ [4th Dept 2/11/16]
The Court reinstated so much of the Respondent’s Objections to the Magistrate’s finding of a willful violation of a support order and implicit denial of her petition to modify the order. The Court determined a finding of a willful violation of a support order is not always incompatible with a meritorious petition for a downward modification of a support order.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-11-16/PDF/0055.pdf

TERMINATON OF PARENTAL RIGHTS

No Basis For Recusal

Inadequate Record To Review Determination of No Diligent Efforts Requirement

Matter of Christopher D.S.  2016 NY Slip Op 00792 [4th Dept 2/5/16]

When there was no allegation that recusal is statutorily required, the matter of recusal is within the discretion and personal conscience of the jurist whose recusal is sought. The fact that the same judge presided over the criminal prosecution is not a statutory basis for recusal in the related Article Ten proceeding.

The Court could not review the trial court’s determination that the agency did not have to make diligent efforts to reunite parent and child given that the record on appeal did not include the evidence on which the court below relied.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-05-16/PDF/0011.pdf

Stipulation For Judicial Notice of Prior TPR Proceedings Served As Basis For TPR

Matter of Brayden R. 2016 NY Slip Op 00833 [2/5/16]

The agency established that nothing concerning the father’s mental health
had changed since a previous order terminating his parental rights with respect to another child was made on the ground of mental, and the father agreed that the court could take judicial
notice of those past proceedings. Upon this proof, the petitioner met its burden, demonstrating by clear and convincing evidence that the father is ‘presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for the child.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-05-16/PDF/0097.pdf

ATTORNEYS FOR THE CHILD

Matter of Aaliyah H., 2015 NY Slip Op 09761 [4th Dept 12/31/15]
The father claimed that the different parentage of the subject children resulted in separate interests and thus created a conflict of interest for the Attorney for the Children, who had represented both children at the same hearing. The Court found that this issue was not preserved for review because the father did not file a motion to remove the AFC.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/12-31-15/PDF/1400.pdf

CHILD CUSTODY & VISITATION

Appeal Not Moot Upon Entry of Subsequent Order

Trombley v Payne, 2015 NY Slip Op 08296 [4th Dept 11/13/15]
The mother appealed from the first order dismissing her cross-petition that requested an order modifying an order of custody. The Court determined that the appeal became moot when a new petition for modification of the said custody order was filed and a second order was made following a trial in that case resulting in an award of custody to the father.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/11-13-15/PDF/1189.pdf

Child’s Out of Court Statements

East v Giles, 2015 NY Slip Op 09466 [4th Dept 12/23/15]
The trial court did not abuse its discretion in determining that the child’s out-of-court statements concerning alleged sexual abuse were not reliably corroborated. The petitioner’s expert witness testified about the child exhibiting sexualized behavior . While testimony concerning such behavior can serve as sufficient corroboration, in this case, the respondent’s expert was deemed to be more credible. The Family Court is afforded broad discretion in deciding whether a child’s out-of-court statements alleging incidents of abuse have been reliably corroborated, and its findings are accorded great deference.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/12-23-15/PDF/1255.pdf
Suspension of Visitation

Merkle v Henry, 2015 NY Slip Op 08317 [4th Dept 11/13/15]
The trial court erred in granting the AFC’s petition and ordering that visitation with the child be “at such times as may be agreed and arranged between the [father] and child,” and that the child “shall be expected to initiate contact with [the father] for visitation”. By allowing the child to dictate the terms of the visitation, the court’s order unnecessarily defeated the father’s presumed right to visitation; illegally delegated its authority to determine visitation rights; and had the practical effect of denying the father his right to visitation indefinitely without the requisite showing that visitation would be detrimental to the child.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/11-13-15/PDF/1254.pdf

Domestic Violence

Saunders v Stull, 2015 NY Slip Op 08601 [4th Dept 11/20/15]
Proof of the father’s domestic violence against the mother was not enough to deprive the father of custody. The record established that the trial court had fully considered the history of domestic violence before making its determination.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/11-20-15/PDF/1257.pdf

Extraordinary Circumstances

Stent v Schwartz, 2015 NY Slip Op 08535 [4th Dept 11/20/15].
The court found extraordinary circumstances and awarded an adult sibling custody. The parents had changed residences frequently over a period of 18 months. They were evicted from one residence and were homeless for several months (living in a tent or their vehicle). The child had poor hygiene and had missed a significant number of days in school, having changed school districts five times during the same time period. The court reasoned that the “[u]nrebutted evidence of excessive school absences [is] sufficient to establish . . . educational neglect”.

The Dissent opposed the finding, stating that “the child’s school absences and hygiene do not rise to the level of extraordinary circumstances, and petitioner’s testimony that the child would be better off living with him also does not establish extraordinary circumstances”.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/11-20-15/PDF/1022.pdf

Suarez v Williams, 2015 NY Slip Op 09708 [4th Dept 12/31/15]
The 4th Department had previously held that the grandparents failed to establish extraordinary circumstances to deprive the mother of custody, despite the years’ long interruption of physical custody with her. The Court reasoned that DRL § 72 (2) (b) does not ease a grandparent’s burden of showing extraordinary circumstances and found that proof of the mother’s consistent contact with the child, the grandparents constant communication with her and their reliance on her permission to make decisions defeated their claim of extraordinary circumstances.

The Court of Appeals reversed, holding that the grandparents had sustained their burden of proving extraordinary circumstances and remitted the matter for a determination of the child’s best interests. (Suarez v Williams, 2015 NY Slip Op 09231 [12/16/15].)

The 4th Department then affirmed the trial court’s previous determination that it was in the child’s best interests to
remain in the primary physical custody of the grandparents was supported by a sound and substantial basis in the record.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/12-31-15/PDF/0212.pdf

Grandparent Visitation

Miller v McCown-Hall, 2015 NY Slip Op 09234 [4th Dept 12/16/15]
The Court found that the trial court abused its discretion in awarding the paternal grandmother excessive visitation, including each and every Christmas, alternate Thanksgivings and summer vacation visitation. The Court found that this deprived the mother of significant quality time with the children and modified the order to reduce her holiday and summer visitation time.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/12-16-15/PDF/1365.1.pdf

Relocation

Williams v. Luczynski, 2015 NY Slip Op 75851 [4th Dept 12/31/15]
The trial court properly denied the mother’s request for permission to relocate to Corning when the primary motivation for relocating was to live with her fiancé . Although her standard of living would improve if she were to live with him, her own income would not increase, and there was no testimony that he could not or would not move to Clinton. In addition, the respondent father, the child’s half sister and many relatives on both sides of the family resided in Clinton. Finally, the father’s ability to continue spending significant time with the child would be compromised.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/12-31-15/PDF/1403.pdf

CHILD PROTECTION

Admissibility of Prior Unfounded Reports of Neglect

Da’Shunna M.H., 2015 NY Slip Op 08600 [4th Dept 11/20/15]
Although Social Services Law § 422 (5) (b) (i) allows prior unfounded reports of neglect to be introduced into evidence “by the subject of the report where such subject is a respondent in a proceeding”, such reports were not admitted to impeach the agency witness who had been the one to assert that no abuse had occurred during those investigations.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/11-20-15/PDF/1256.pdf

DEFAULT

Makia S., 2015 NY Slip Op 09511 [4th Dept 12/31/15]
The Court dismissed the mother’s appeal of a termination of her parental rights, finding that her refused to appear at the dispositional hearing and her attorney’s presence without participation constituted a default.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/12-23-15/PDF/1358.pdf

Strumpf v Avery, 2015 NY Slip Op 09531 [4th Dept 12/23/15]
Upon the appeal of the trial court’s denial of motion to vacate a default order, the Court would not review whether the withdrawal of counsel without notice to the party was ineffective assistance of counsel, since it was not raised as part of the motion.

https://www.nycourts.gov/courts/ad4/Clerk/Decisions/2015/12-23-15/PDF/1421.pdf

FAMILY OFFENSES

Mental Health Examination Requires Finding of Necessity

Martin v Flynn, 2015 NY Slip Op 08591 [4TH Dept 11/20/15]
The court was not authorized to order a mental health evaluation as part of an order of protection without a finding that it was necessary to further the purposes of” the order of protection.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/11-20-15/PDF/1233.pdf

Trial Order Amending Pleadings to Conform to Proof

Martin v Flynn, 2015 NY Slip Op 08591 [4TH Dept 11/20/15]
The trial court properly admitted evidence of conduct not alleged in the family offense petition when, upon the petitioner’s motion, it exercised its discretion to amend the allegations of the petition to conform to the proof pursuant to CPLR 3025 [c].

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/11-20-15/PDF/1233.pdf

CHILD SUPPORT

Modification

Figueroa v Figueroa, 2015 NY Slip Op 09776 [4th Dept 12/31/15]
The trial court erred in its determination of the father’s application for a downward modification of the order of support by finding imputed income on the basis of inadmissible evidence.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/12-31-15/PDF/1423.pdf

Mancuso v Mancuso ,2015 NY Slip Op 09478 [4th Dept 12/23/15]
The termination of maintenance does not automatically require a recalculation of child support. A change of circumstances based on all relevant circumstances must first be proven. The factors to be considered in determining whether there has been a change in circumstances warranting an upward modification of support are: 1) The increased needs of the children; 2) The increased cost of living resulting in greater expenses for the children,; 3) A loss of income or assets by a parent or a substantial improvement in the financial condition of a parent; and 4) The current and prior lifestyles of the children. Although an increase in the noncustodial parent’s income is a factor which may be considered when deciding whether to grant an upward modification of child support, this factor alone is not determinative.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/12-23-15/PDF/1283.pdf

TERMINATION OF PARENTAL RIGHTS & ADOPTION

Frye Hearing – Language Competency

Matter of Nadya S., 2015 NY Slip Op 08283 [11/13/15]
The Court found unpreserved for review the failure of the trial court to conduct a Frye hearing prior to admitting a psychological into evidence. The parent claimed on appeal that the examination should have been conducted with the use of a Spanish interpreter and that the psychologist did not properly assess English competency prior to testing. The issue was not raised prior to the admission of the report and furthermore, the psychologist testified that the parent said she was comfortable with an examination conducted in English.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/11-13-15/PDF/1163.pdf

Grandparent Visitation Following Adoption

Macri v Brown, 2015 NY Slip Op 08558 [4th Dept 11/20/15]
While the grandmother’s visitation rights survived a surrender and adoption, her violations of the visitation order resulted in the loss of these rights. Upon expert testimony that continued violations the court order would be harmful to the child’s relationship with the adoptive parents, the trial court ‘s termination of visitation as contrary to the child’s best interests was upheld.

http://www.nycourts.gov/courts/ad4/clerk/decisions/2015/11-20-15/PDF/1165.pdf

Linda Gehron
Supervising Attorney
Family Court Program
Frank H. Hiscock Legal Aid Society
351 South Warren Street
Syracuse, New York 13202
Tel: (315) 218-0131

Email: [email protected]

Hiscock Legal Aid Society President and C.E.O. Susan R. Horn was honored October 23, 2015 at the SU Law Honors Awards Ceremony. The award celebrates distinguished achievements in any field of endeavor by alumni. Other 2015 award recipients include Vincent H. Cohen, Acting U.S. Attorney for Washington, DC, Louise E. Dembeck, an Arbitrator and Mediator, David P. Weber, Academic Director of Fraud Management Programs at the University of Maryland and Joanne M. Mahoney, Onondaga County Executive.

Susan joined Hiscock Legal Aid Society first as a staff attorney, then as a senior attorney before she became President and C.E.O. in 1990.

Under Susan’s leadership, Hiscock has grown exponentially from a budget of $800,000 to more than $4 million. Today, The Society employs 30 attorneys and a total staff of nearly 60 and serves more than 4,000 individuals and families each year.

“Susan’s unyielding desire to provide professional, person-centered representation has positively impacted countless individuals and families across our community,” said Suzanne Galbato, Chair of the Board of Directors. “I’m proud to be a part of an organization like Hiscock Legal Aid Society that has been privileged to have such an outstanding, caring leader.”

“We are proud beyond words to see Susan Horn honored by the law school,” said Joanne P. Sawmiller, Chief Operating Officer. “This award acknowledges publicly what we at Hiscock Legal Aid Society have always known: Susan is a fair, vociferous advocate for people in difficult circumstances.”

Susan’s practice spanning more than four decades has been marked by professionalism, honoring the inherent dignity of each person she serves. Throughout her career she has served thousands of people.

Leading an organization that defends some of our society’s most marginalized, yet resilient residents has been Susan’s life work. Luckily, it’s also been her passion.

Join us in honoring Susan Horn and make a donation to Hiscock Legal Aid Society by clicking here.

For more information on the award and the honorees, please click here.

Hiscock Legal Aid Society is pleased to share that Board Chair Suzanne O. Galbato was recently inducted into the Auburn High School Alumni Hall of Distinction. More on her induction is available here.

Suzanne is a Central New York native. She received her undergraduate degree from Harvard University.  After graduating from Harvard, she returned to upstate New York because, as she says: “this community has a special place in my heart.” Suzanne received her law degree from Syracuse University and clerked for the Honorable Rosemary S. Pooler, of the U.S. Court of Appeals for the Second Circuit.

She’s currently a partner based in the Syracuse office of Bond, Schoeneck & King.

Hiscock Legal Aid Society is pleased to be one placement site for the new Pro Bono Scholars Program, a legal education initiative supported by Hon. Jonathan Lippman, the Chief Judge of the New York Court of Appeals.

The program, in its inaugural year, allows participants to spend their last semester of law school performing pro bono service.  It is the first of its kind in the nation.

Jamie W. Dening is one of five third year SU Law students taking part in the program. Mr. Dening had previously been completing an externship with Hiscock Legal Aid Society, and said this transition to the scholars program made sense.

“It was a good opportunity to get experience before graduation but also to serve people in need and to really focus on helping people,” said Mr. Dening. “I believe there are people who are underserved and that don’t have access to legal services. This is a great mechanism to give people access.”

So far, Mr. Dening’s work has focused mainly on parole revocation defense. “It is a rewarding experience, specifically when I have been able to identify clients with dual diagnosis needs and then get them connected to the treatment that they need, instead of just going back to prison.”

In addition to his full time responsibilities at Hiscock, Mr. Dening also attends a seminar class with other Pro Bono Scholars where he writes journals and shares what he has learned in the process. Other benefits of the Pro Bono Scholars program include being permitted to take the New York State Bar Exam in February and being admitted to practice earlier than normal.

“This innovative program allows bright, community-minded law students to apply what they have learned in lecture halls and positively impact people in our community,” said Susan R. Horn, President and C.E.O. of Hiscock Legal Aid Society. “The Pro Bono Scholars program is a great way for law students to finish their education, while simultaneously allowing organizations like ours to increase our capacity. We are very grateful to Chief Judge Lippman for his support of legal services and to Jamie Dening for choosing to do his service at the Hiscock Legal Aid Society.”

Hiscock Legal Aid Society wishes to thank several local foundations that have supported a major IT infrastructure upgrade at The Society.

The Allyn Foundation and CNY Community Foundation supported agency wide system upgrades as well as a new cloud based case/document management system.

The Gifford Foundation provided funds for the IT upgrade, as well as funding for our new website.

The New York State Bar Foundation joined in supporting the project in early 2015.

The project modernizes The Society’s IT equipment and systems and can be leveraged by attorneys and support staff to provide high-quality service to people in our community.

Total support from all the foundations totaled $104,900.

Jumping for Justice | March 30, 2015, 5:30 p.m. – 7:30 p.m. | Sky Zone Syracuse – Join Hiscock Legal Aid Society for “Jumping for Justice” – a first ever fundraising event of its kind. Register here.

On Thursday, June 6th Vera House presented Susan Griffith, Interim Supervising Attorney of the Hiscock Legal Aid Society Civil Program, with the 2013 Sister Mary Vera Recognition Award at their Annual Recognition and Celebration Luncheon.

This honor is bestowed upon an individual who has performed work in a manner consistent with the humility, gentleness and humanitarian spirit reflected by Sister Mary Vera, who spearheaded the 1977 opening of Vera House. It recognizes an individual who enriches the lives of all people and who has made a significant contribution to those affected by domestic violence.

Griffith was hired by Hiscock Legal Aid 20 years ago to fill a newly created position as the first Supervising Attorney in the Civil Unit.She provides on-going representation of individuals as well as training and support for staff and the community.

Her dedication to social issues and the needs of the oppressed has led to her tenure on the Board of the local NYCLU as well as serving as a trainer for the Onondaga County Bar Association – Pro Se Divorce Clinic.

“Susan is always gracious and available to Vera House advocates as she nurtures our professional and personal understanding of the function and limitations of the Family Court system,” stated Vera House. “She is a ‘first responder’ when we are confounded by a legal quandary and provides specialized training to Vera House staff and volunteers to expand our knowledge and skills.”

Upon receiving the award, Susan expressed nothing but humble gratitude: “I am so honored to be here, but I am one small part of a community that includes every one of you. Please take the time to honor all the good that you do, and continue to fight the good fight.”

The fight to promote justice for all is an ongoing battle, but is made easier thanks to the dedication and efforts of Griffith.

The Hiscock Legal Aid Society is pleased to announce the following promotions and three new additions to our growing staff.

Jody L. Agostinelli has been promoted to Senior Attorney in our Family Court Program where she handles cases involving abuse and neglect; custody and visitation; termination of parental rights; paternity; family offenses; and support violations.  Ms. Agostinelli joined Hiscock Legal Aid in August 2010 as a Staff Attorney.  She is a 2009 graduate of the City University of New York Queens School of Law in New York City.  As an HLAS attorney, Ms. Agostinelli continues to pursue CUNY Law’s mission: “law in the interest of human need.”

Patricia L. Stuart has been promoted to Senior Attorney in our Civil Program. Ms. Stuart began her career as a Staff Attorney with the Society in 2010 and her main practice areas include matrimonial and landlord tenant law; representation of unemployment claimants; and legal services through the Society’s Parent Success Initiative Program. Ms. Stuart’s compassion, dedication and hard work on behalf of her clients make her a tremendous asset to the Society and to the community. Ms. Stuart is a graduate of Syracuse University College of Law, and immediately prior to joining Hiscock, she was a solo practitioner in Syracuse.

Cynthia M. Garrow has joined Hiscock Legal Aid’s Civil Program as a Program Coordinator. Ms. Garrow was offered this position at the Society after serving for four months as a Temporary Finance Assistant. She came to the organization from Partners In Parenting, Inc in Camillus where she worked as Assistant Director for six years. Prior to this, she was an Administrative/Bookkeeping Assistant, Branch Office Manager, and Receptionist at Landmark Flooring Concepts, Inc in Syracuse.

We also welcome Colleen Murphy to our Civil Program as a Program Coordinator. Ms. Murphy has worked as an Administrative Assistant and Customer Service Representative at Just The Right Stuff in Syracuse and as an Office Assistant at Lifetouch in East Syracuse. She is a volunteer at Vera House in Syracuse and she graduated, summa cum laude, with a degree in criminal justice from Keuka College.

After completing a two month internship with Hiscock Legal Aid, Joseph F. Schuss has joined our Family Court Program as a Program Coordinator. Prior to joining the Society, Mr. Schuss spent 14 years as a Private Investigator at S.A. Showers Investigations, Inc. in Minoa. We are confident that he will well utilize his skills in research, investigation, and attention to detail in his duties as Program Coordinator.

As demand for our services increases, staff expansion is vital for us to continue to providequality free legal services to those in our community who could not otherwise afford them.

On Tuesday, May 28th invited guests from Onondaga County joined HLAS Board members, clients, and staff for an appreciation breakfast in the Society’s lunchroom. The gathering offered a special opportunity for the County guests to learn more about the organization’s programs and services and for HLAS to show its appreciation for the County’s continued strong support – which in 2012 represented more than 60% of the Society’s revenue.

In attendance from the County were Legislator Robert J. Andrews of the 9th district; Legislator Kevin A. Holmquist of the 10th district; Legislator J. Ryan McMahon of the 15th district, Legislator Linda R. Ervin of the 17th district; Emilie Tisch, Budget Analyst, and Gordon Cuffy, County Attorney.

The group of close to 30 enjoyed a light breakfast fare while informally mixing and mingling. Rich Engel, HLAS Board Chair, welcomed the group and introduced Joanne Sawmiller, COO and Susan Horn, President/CEO. Ms. Horn gave a brief overview of the Society’s history and programs.

Leah Witmer, Senior Attorney in the Civil Program spoke about her work with the Foreclosure Prevention Project which offers legal advice, representation, and financial workshops to members of our community who are facing foreclosure. Ms. Witmer introduced Terri Corbishley, a former client and grateful recipient of the project’s services.

Ms. Corbishley described the desperate situation she and her children encountered when they were blindsided with service of a 72 hour eviction notice. Her estranged husband had failed to communicate their impending foreclosure…and Terri’s family found themselves facing homelessness. Leah (and her colleagues at Legal Services of CNY??) was able to negotiate a modification with the bank to extend the eviction period and thus allow ample time for Terri and her children to relocate, on their terms.

Carl Pesko, Chair of HLAS’ Community Relations Committee then invited Jeanine Anderson to tell her story. Ms. Anderson, a client of Susan Griffith, Supervising Attorney of the HLAS Family Court Program, introduced herself stating, “I am an alcoholic – I am also Lily’s Mom.”

Ms. Anderson placed a framed photograph of Lily on the table as a symbol of her source of strength and measure of success in her fight for her continued recovery and more time with Lily following an awful divorce. She credits Ms. Griffith’s guidance and perseverance with her achievement on both fronts, describing her attorney’s efforts saying, “She has walked through hell with gasoline pants and believed in me when I didn’t believe in myself.”

In closing, she expressed her heartfelt gratitude to Ms. Griffith, Hiscock Legal Aid, and Onondaga County on behalf of herself and Lily adding, “We will be forever indebted to you.”

All in attendance were moved by the stories of these clients, who represent the thousands of people in our community every year who receive our help.

Client speakers Jeanine Anderson and Terri Corbishley chat before sharing their stories with the assembled group at the Hiscock Legal Aid County Appreciation Breakfast on Tuesday, May 28th.