ROCHESTER FACULTY BIOGRAPHIES

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1 ROCHESTER FACULTY BIOGRAPHIES 747

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3 Alan J. Pierce has 28 years of litigation experience, concentrating on appellate practice, insurance coverage, and defamation. He served as Confidential Law Clerk to Hon. Richard D. Simons of the New York Court of Appeals ( ). He has handled over 150 appeals and motions for leave to appeal in his career, appearing before all of New York s State appellate courts, the United States Supreme Court, and in the First, Second, Fourth and Eleventh Federal Circuit Courts of Appeals. Mr. Pierce is a former Adjunct Professor of Appellate Advocacy at Syracuse University College of Law ( ), and has authored several publications and frequently speaks on appellate advocacy and insurance coverage litigation for the ABA and NYSBA. He has been selected by his peers for inclusion in the Best Lawyers in America and as a New York Super Lawyer in the area of Appellate Practice since He is a member of the 5th Judicial District s Character & Fitness Committee, and the Board of Directors of the New York State Academy of Trial Lawyers. {H } 749

4 David Tennant practices in the fields of Indian law litigation and appeals, complex commercial litigation, products liability, and insurance. He leads the firm s prominent Appellate Litigation Team (Benchmark Appellate ) and cochairs the firm s nationally ranked (Chambers USA: Leading Lawyers for Business 2011) Indian Law and Gaming Team. David has argued appeals in the New York Court of Appeals and in all four Appellate Division Departments in New York, and in the United States Court of Appeals for the Third Circuit, Ninth Circuit, and Federal Circuit. His appellate work includes trial consulting in high-exposure cases, and mooting briefs prepared by other appellate counsel. 750

5 A. Vincent Buzard, Esq. Harris Beach PLLC, Rochester Mr. Buzard is founder and chair of the firm s Appellate Litigation and Advocacy Practice Group, and selected as one of the Best Lawyers in America in appellate practice and in New York Super Lawyers in appellate practice. He was selected as 2014 Appellate Lawyer of the Year in the Rochester area by Best Lawyers in America, only one of two so named in New York state. Mr. Buzard has been rated Preeminent by Martindale-Hubbell. He is chair of the Council of Appellate Lawyers of the American Bar Association, author of New York Appellate Practice published by LexisNexis and an author of the New York Chapter in The Appellate Practice Compendium published by the American Bar Association. Mr. Buzard has lectured extensively in New York and nationally on appellate practice. He is a former president of the New York State Bar Association and is a member of the American Bar Association House of Delegates. His recent appellate cases include the following Court Memberships New York State Bar United States District Court - Western District of New York United States Court of Appeals - Second Circuit United States Supreme Court Education JD, cum laude, University of Michigan Law School BA, Wabash College 751

6 Frances E. Cafarell was appointed Clerk of the Appellate Division, Fourth Department in December Prior to her appointment as Clerk, Ms. Cafarell served as Deputy Clerk of the Court. She also served the Court as acting Consultation Clerk and Supervisor of the Decision Department, Administrator of the Assigned Counsel Program, Family Court Motions Clerk, and Confidential Law Assistant. She was previously engaged in the private practice of law at Harris Beach, in the firm s Rochester office, where her practice was concentrated in the areas of commercial and environmental litigation and appellate practice. Ms. Cafarell is a member of the American Bar Association, New York State Bar Association and Monroe County Bar Association. In 2011, she received Volunteer Legal Services Project s William E. McKnight Award in recognition of her commitment to Pro Bono Service. Ms. Cafarell is an honors graduate of Albany Law School, where she was a member of the Albany Law Review and the National Moot Court Competition team. She also holds a Master s degree in Administration of Justice from American University and a Bachelor s degree in Broadcast Journalism from Syracuse University. Before attending law school, she worked as a television news anchor and legal reporter. 752

7 Justice John V. Centra Justice John V. Centra is a graduate of the State University of New York at Buffalo and received his Juris Doctor degree from Ohio Northern Law School. Following his admission to the Bar in 1984, he served as an Assistant District Attorney in Onondaga County in the felony trial and DWI units. In 1988, he began a 10 year career as Town Justice for the Town of DeWitt. In 1989, he entered the private practice of law with Carni, Centra & Rose from 1989 to 1991; Primo, Primo & Centra from 1992 to 1997; and Primo, Primo, Centra & Kirwan, LLP from 1998 to In May 1999, Governor George Pataki appointed him to serve on the New York State Supreme Court in Onondaga County, and he was elected to that office for a term beginning in January While on the Supreme Court, Justice Centra served as Deputy Administrative Judge for the Fifth Judicial District and as Chairman of the Onondaga County Jury Board. He also served as a Judicial Delegate to the Association of Justices of the Supreme Court of the State of New York. On October 6, 2006, Governor Pataki designated him to serve as an Additional Justice on the Appellate Division, Fourth Department. Justice Centra is a member of the New York Bar Association, a member and Past President of the New York State Magistrates Association, and the New York State Trial Lawyers Association. Until recently, he served on the Board of Trustees of the Syracuse Landmark Theater. He resides in Fayetteville with his wife and four children. 753

8 Matthew K. Corbin Matthew K. Corbin. Matt joined Aon as a Vice President in Before joining Aon, he was a partner with Lathrop & Gage LLP in Kansas City, Missouri, and Overland Park, Kansas. He was a business trial and appellate lawyer handling commercial, business tort, employment, construction, insurance, professional liability, and regulatory matters. Matt previously was an associate with Lathrop & Gage. He began his legal career as a law clerk to the late Hon. G. Thomas Van Bebber in the U.S. District Court for the District of Kansas. After completing his district court clerkship, he clerked for the Hon. Mary Beck Briscoe of the U.S. Court of Appeals for the Tenth Circuit. Matt earned his J.D. from the University of Kansas, where he was Note and Comment Editor of the Kansas Law Review, was a member of the Order of the Coif, and won the C.C. Stewart Award in Law. Matt also earned his B.A. from the University of Kansas. 754

9 JUSTICE EUGENE M. FAHEY New York State Supreme Court Associate Justice Appellate Division Fourth Department Buffalo Justice Eugene M. Fahey earned three degrees from the State University of New York at Buffalo: a B.A. in political science in 1974 (cum laude); a J.D. in 1984; and an M.A. in European History in Justice Fahey served on the Buffalo Common Council from 1978 to 1984 and again from 1988 to He also served as a law clerk to Judge Edgar C. NeMoyer before entering private practice in 1985, where he worked as house counsel for Kemper Insurance Company until In 1994, Justice Fahey was elected to Buffalo City Court and on that bench had a yearly workload of 3,500 cases, most of which were criminal matters. In 1996, Justice Fahey was elected to serve as a Supreme Court Justice in the Eighth Judicial District. Once on that bench, Justice Fahey handled both civil and criminal calendars, and presided over cases in Erie County and throughout the Eighth Judicial District. Justice Fahey continued in that role until 2005, at which point he was selected to preside in the Eighth Judicial District Commercial Division. In 2006, Governor George E. Pataki appointed Justice Fahey as an additional justice of the Appellate Division, Fourth Department. Justice Fahey served in that capacity until Governor David A. Paterson designated him as an associate justice of the Appellate Division, Fourth Department in December After his re election in 2010, Justice Fahey was redesignated as an associate justice of the Appellate Division, Fourth Department by Governor Andrew M. Cuomo. Justice Fahey is a member of various state and local professional organizations, and is a frequent speaker at Continuing Legal Education Programs. He has also written instructional materials on a variety of topics, including medical malpractice litigation, the use of expert witnesses, negotiation and commercial litigation. Off the bench, Justice Fahey has been involved in a variety of community organizations, including Deaf Adult Services of Western New York, Inc., Buffalo Neighborhood Housing Services and Fillmore Leroy Area Residents, Inc. Justice Fahey, however, takes great pride in his family, which consists of his wife, Colleen Maroney Fahey, his daughter, Ann B.D. Fahey, and his loyal dog, Holly. 755

10 CYNTHIA FEATHERS Cynthia Feathers practice is devoted to criminal and civil appeals. In 25 years, she has handled 400 appeals. She co-chairs the NYSBA Committee on Courts of Appellate Jurisdiction and chairs its Pro Bono Appeals Program, as well as the Pro Bono Committee of the ABA Council of Appellate Lawyers. She serves as Of Counsel to the Rural Law Center and Vice President of The Legal Project Board of Directors. She is a member of the OCA CLE Board and the Advisory Boards for the Third Department Civil Appeals Settlement Program and Attorney for Children Office and serves on the State Office of Indigent Legal Services Working Group that is developing statewide standards for appellate representation in assigned cases. Feathers obtained a B.S.J. magna cum laude from the Medill School of Journalism at Northwestern University and a J.D. with honors from Boston College Law School; clerked at the Appellate Division, Third Department; and served at the Appeals & Opinions Bureau of the New York Attorney General s Office in Albany and the Center for Appellate Litigation in New York City. For several years, she was an Adjunct Professor of Appellate Practice at Albany Law School. Before going to law school, for a decade, she was a corporate editor in Boston and Chicago. 756

11 Denise A. Hartman Denise A. Hartman is an Assistant Solicitor General in the Office of the New York State Attorney General. In her tenure at the Solicitor General's Office, Denise has briefed and argued hundreds of cases in the state and federal appellate courts. The subject matter of her cases includes constitutional law, tort law, administrative law and environmental law. In addition to briefing and arguing her own cases, Denise oversees appellate briefs written by other attorneys in her office and their preparation for oral argument. Before serving in her current position, Denise clerked in the Appellate Division, Fourth Department. She graduated magna cum laude from the Syracuse University College of Law in 1983, and from the Cornell University School of Civil and Environmental Engineering in

12 Julian B. Modesti Counselor at Law Mediator Arbitrator Julian B. Modesti is a member of Menter, Rudin & Trivelpiece, P.C. s Litigation, Alternative Dispute Resolution and Environmental Law practice groups. Experienced in both state and federal courts, his commercial litigation practice includes the representation of clients in disputes involving leases, finance agreements, unfair competition, trade secrets and professional malpractice. He also represents attorneys in disciplinary matters. As head of the firm's appellate practice, Mr. Modesti prosecutes or defends appeals in both state and federal courts on a wide variety of civil law issues. He is often retained by other attorneys to serve as an arbitrator or mediator in cases involving commercial disputes, personal injury, property damage, aviation claims and employment conflicts. Prior to becoming an attorney, Mr. Modesti served as an environmental consultant with McLaren/Hart Environmental Engineering Corporation in Philadelphia, Pennsylvania. He frequently lectures at New York State Bar Association seminars on appeals and legal ethics. 758

13 Supreme Court of the State of New York APPELLATE DIVISION Fourth Judicial Department Justice Erin M. Peradotto Justice Erin M. Peradotto, is a Phi Beta Kappa graduate of the State University of New York at Buffalo where she earned her Bachelor of Arts degree, magna cum laude, in 1981 and her Juris Doctor degree in For nearly two decades before her election to the State Supreme Court in 2003, Justice Peradotto practiced as a trial attorney in the Supreme Courts throughout the Eighth Judicial District, and in other parts of the State, and handled appeals before the Appellate Division, Fourth Department and the New York State Court of Appeals. She was appointed to the Appellate Division, Fourth Department by Governor Pataki on December 22, From , she served as the Assistant Attorney General in Charge of the Buffalo Regional Office of the New York State Attorney General s office. In that capacity, she supervised a staff of 23 attorneys and 30 support staff in the defense of the State of New York and its agencies in the 8th Judicial District. Justice Peradotto served as President of the Bar Association of Erie County from She also served on the State of New York s Attorney Grievance Committee for the 8th Judicial District from She has served as a delegate to the New York State Bar Association s House of Delegates, a director of the Women Lawyers of Western New York, a director of the Volunteer Lawyers Project, and a director of the SUNY at Buffalo Law Alumni Association. In 1997, she was recognized among the "40 Under 40" in Business First of Buffalo. In 2006, she received the "Outstanding Jurist" award from the Bar Association of Erie County s Matrimonial and Family Law Committee. She is a member of the New York State Supreme Court Justices Association. 759

14 Judge Eugene F. Pigott, Jr. Eugene F. Pigott, Jr., Associate Judge of the Court of Appeals, was born in Rochester, New York, in September He graduate from LeMoyne College (B.A.1968). Judge Pigott served on active duty in the United States Army from While in the service, he was stationed in the Republic of Vietnam, serving as a Vietnamese interpreter. He graduated from SUNY at Buffalo School of Law (J.D. 1973) and was admitted to the Bar of the State of New York in Judge Pigott practiced law in Buffalo, New York, with the firm of Offermann, Fallon, Mahoney & Adner from 1974 to In 1982 he was appointed Erie County Attorney and served in that position until In 1986 he became chief trial counsel for the firm of Offermann, Cassano, Pigott & Greco. On February 4, 1997, he was appointed to the New York State Supreme Court by Governor George E. Pataki and thereafter was elected to a full 14-year term. In 1998 he was designated to the Appellate Division, Fourth Department and was appointed Presiding Justice on February 16, On August 18, 2006, he was nominated by Governor Pataki to the Court of Appeals. His nomination was confirmed by the New York State Senate on September 15, He and his wife Peggy live on Grand Island, New York. They have two children. 760

15 Elliott Scheinberg, whose practice is limited to matrimonial appeals, serves on the Board of Managers of the American Academy of Matrimonial Lawyers and co-chairs its Amicus Curiae and CLE Committees. He is a member of NYSBA s Committee of Courts of Appellate Jurisdiction and CLE Committee. He has authored a two volume treatise, Contract Doctrine and Marital Agreements in New York, in its second edition, a variety of chapters for Matthew Bender s New York Civil Practice, Matrimonial Actions, and is the author of Grandparental Visitation: Its Evolution in New York State, which traces the history and evolution of grandparental visitation in New York, published by the Benjamin N. Cardozo School of Law. He has written numerous articles for the New York Law Journal, the New York State Bar Association s Family Law Review, and the New York Family Law Monthly. Mr. Scheinberg has written seven amicus curiae briefs to the New York State Court of Appeals, having been cited in one decision, with others adopting arguments advanced in the briefs. Mr. Scheinberg lectures regularly at the Appellate Division, Second Department, and for Bar Associations. He is a member of NYSBA s Executive Committee of the Family Law Section and is the co-chair of NYSBA s Amicus Committee. A graduate of the Benjamin N. Cardozo School of Law, Mr. Scheinberg, prior to entering law school, was a doctoral candidate in Romance Philology at the University of Chicago, and a Teaching Fellow in the French Department, Romance Linguistics Program, at the University of Michigan in Ann Arbor. He received his Bachelor of Science in Mathematics and French from Brooklyn College, Brooklyn, N.Y. He is in Who s Who in American Law and in The Best Lawyers in America. He is also rated AV Preeminent 5.0 out 5.0 in Martindale-Hubble. 761

16 NANCY E. SMITH Senior Associate Justice New York State Supreme Court Appellate Division, Fourth Department Justice Nancy Smith is the Senior Associate Justice of the Appellate Division, Fourth Department. She began her legal career as an Assistant District Attorney in Monroe County in 1982, where she remained until She then spent a year practicing law with the firm of Greisberger, Zicari, McConville, Coorman, Morin and Welch in Rochester, New York, and then returned to the District Attorney s Office from 1985 to She was elected to her first judicial office as a Monroe County Court Judge and took the bench in January, Justice Smith was also assigned to the Livingston County Family, Supreme and County Courts, and presided over matters in Ontario, Rensselaer, Saratoga, Yates and Sullivan counties. She was appointed by Governor George Pataki to the New York State Supreme Court in the Seventh Judicial District in 1997, and was elected to that office for a term beginning in January of Governor Pataki then appointed her to the Appellate Division, Second Department in March of 1999, and reassigned her to the Fourth Department in Justice Smith is a graduate of Allegheny College and Vermont Law School, and has served on many civic and charitable boards, bar association and Office of Court Administration committees, has mentored and instructed lawyers at many levels. 762

17 Circuit Judge Richard C. Wesley United States Court of Appeals For the Second Circuit nd Judge Wesley was nominated by President George W. Bush to the 2 Circuit Court of Appeals on March 5, On June 11, 2003, Judge Wesley was unanimously confirmed by the U.S. Senate and on June 12, 2003, President Bush signed his commission. Judge Wesley took the Federal bench on June 17, Judge Wesley received his B.A. degree summa cum laude from the State University of New York at Albany in 1971, and his J.D. degree from Cornell Law School in Judge Wesley engaged in the private practice of law from the time of his admission to the New York Bar in 1975 until During three years of that period, 1979 until 1982, he also served as assistant counsel and chief legislative aide to New York Assembly Minority Leader James L. Emery. In 1982 Judge Wesley was himself elected to the Assembly - and was reelected in representing Livingston, Allegany and Ontario Counties. In 1986 Judge Wesley was elected to a 14-year term as a Justice of the New York Supreme Court from the Seventh Judicial District. He served as Supervising Judge of that district s criminal courts from 1991 to In 1994 he was appointed by Governor Mario Cuomo to the Supreme Court Appellate Division, Fourth Department. In 1997 he was appointed a Judge of the New York Court of Appeals by Governor George Pataki, a position he held until joining the Federal judiciary. 763

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