Matrimonial & Family Law

Borrelli , Gebhardt, Donelli & Pennessi, - McCarthy Fingar Matrimonial Lawyers

The McCarthy Fingar Team

McCarthy Fingar maintains a reputation in Westchester and throughout the New York metro region as a leading law firm for Matrimonial Law and Family Law. People whose family relationships are under stress or failing need lawyers who are not only powerful advocates, but will take the time to understand their individual circumstances, and fashion positive solutions to their unique problems. The lawyers in our Matrimonial & Family Law group are some of the best known and respected attorneys in our region. They have both the skills and experience to represent our clients as they deal with the complexity of legal, economic and emotional issues presented in marital and family disputes. We are especially sensitive to striking the correct balance between financial and emotional issues affecting our clients and their families.

What We Do

From litigation to non-litigation services, our Matrimonial & Family Law lawyers provide a full range of services in courts in Westchester and through out New York, including, but not limited to, the following:

  • Negotiation and preparation of Prenuptial and Postnuptial Agreements.
  • Separation Agreements, Stipulations of Settlement and Uncontested Divorces for numerous clients at all income and asset levels.
  • Litigating in the Westchester courts and throughout the New York City region, all aspects of Family Court Proceedings and Divorce Actions, including:
    • Orders of Protection
    • Paternity Disputes
    • Temporary Support Awards
    • Restraining Orders
    • Domestic Violence issues
    • Exclusive Occupancy of the Marital Residence
    • Maintenance
    • Child Support
    • Counsel Fees
    • Equitable Distribution of Marital Property
    • Establishing Separate Property Claims
  • Settling disputes through the work of our Collaborative lawyers.
  • Trials and Appeals of Child Custody Disputes, including Tropea, the case which established the prevailing law in New York on child relocation.
  • Post-judgment enforcement and modification matters.
  • Through coordination within our firm we work to ensure that our client’s other legal needs are met, which could include assistance from our Trusts & Estates attorneys.

Client Testimonials

Click on client testimonials to see what our clients say about our Matrimonial & Family Law attorneys.

Contact Us

McCarthy Fingar’s Matrimonial & Family Law lawyers are dedicated to our clients’ success. If you think you may require our assistance or have any questions, please contact Kathleen Donelli by email (kdonelli@mccarthyfingar.com) or phone (914-385-1010) or Dolores Gebhardt by email (dgebhardt@mccarthyfingar.com) or phone (914-385-1016).

04/09/2020

Gebhardt Elected as Vice President of the Westchester County Bar Association

Dolores Gebhardt

Dolores Gebhardt, a member of our Appellate Practice, Cannabis Law, Collaborative Law and Matrimonial & Family Law groups, was elected to a second term as a Vice President of the Westchester County Bar Association (WCBA). Due to the COVID-19 pandemic, WCBA’s 2020-2021 slate of officers and directors were sworn in via Zoom. WCBA, established on February 11, 1896, is a not-for-profit corporation with a voluntary membership of more than 2,000 lawyers. WCBA’s purpose is to promote the ends of justice, cultivate jurisprudence, afford access to the courts to all who seek redress, facilitate the administration of justice, elevate the standards of integrity, honor, competence and courtesy in the legal profession, and participate with all members of society in seeking and perfecting the common good. Dolores has been active in the WCBA for many years and served as Secretary from 2017-2019 and Vice President from 2019-2020.

02/27/2020

Gebhardt & Miller Speak on Parent Education in Custody Cases

Dolores Gebhardt Hon. Sondra M. Miller

Dolores Gebhardt and Hon. Sonda M. Miller, both members of our Matrimonial & Family Law, Appellate Practice and Collaborative Law groups, presented “Mandatory Parent Education in Custody Cases: The Pilot Program” at the Westchester County Courthouse. This CLE program, sponsored by the Family Law Section of the Westchester County Bar Association, described the requirements of the new initiative in which judges must refer divorcing parents to OCA-approved classes that assist the parents in putting their children first.

02/25/2020

Borrelli Lectures on Ethics & Diversity Training

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, lectured on “Ethics” and “Diversity Training” at a program sponsored by the Yonkers Lawyers Association.

02/17/2020

Borrelli Lectures on Judicial Ethics

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, lectured in Manhattan on “Judicial Ethics Update – 2020”, at the Annual Convention for the New York State Association of Towns, as part of its Town and Village Justices Program.

01/07/2020

Borrelli Lectures to New Judges on Judicial Ethics

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our  Guardianship Practice, Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups,  lectured at the NYS Judicial Institute in White Plains, New York on “Judicial Ethics”, for the Unified Court System Certification Program for Newly-elected Town and Village Justices.

12/06/2019

Borrelli Lectures on Judicial Ethics for New Judges

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, lectured in Albany, New York on “Assuming the Bench – Judicial Ethics”, for the Unified Court System Certification Program for Newly-elected Town and Village Justices.

11/26/2019

Borrelli Lectures to Law Students on Judicial Ethics

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups,  was a guest lecturer in White Plains, New York at a Professional Responsibility class at Pace Law School (Elisabeth Haub School of Law), speaking on “How Judicial Ethics Issues impact your Law Practice”.

11/04/2019

Gebhardt Speaks on Business Valuations in Divorce Cases

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Collaborative Law and Matrimonial & Family Law groups, presented for the Westchester Women’s Bar Association at a program entitled, “What’s It Worth to You?: The Valuation of a Business in Corporate and Divorce Settings” .

10/01/2019

McCarthy Fingar’s “Super Lawyers”

Frank W. Streng Gail M. Boggio Kathleen Donelli Dolores Gebhardt Douglas S. Trokie James K. Landau

Six of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Kathleen Donelli has again been selected in the field of Family Law. Dolores Gebhardt has again been selected in the field of Family Law. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate, and has again been selected for the Top 25 in Westchester County for Super LawyersFrank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

09/18/2019

Borrelli Lectures on Judicial Ethics

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, lectured at the Mohonk Mountain House in New Paltz, New York on “Judicial Ethics”, at the Annual Meeting for the NYS Association of Supreme Court Justices.

09/17/2019

Borrelli Lectures on Judicial Ethics

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, lectured in Lake Placid, New York on “Judicial Ethics Update – 2019”, at the Annual Convention of the NYS Magistrates’ Association, as part of its Justices’ Advanced Certification Program.

09/11/2019

Borrelli is Dinner Speaker for Association of Supreme Court Justices

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, was a dinner speaker for the Association of Supreme Court Justices of the City of New York in Queens, New York.

05/29/2019

Judge Borelli Speaks to Judges and Judge Candidates on Campaign Ethics

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Trusts & EstatesMatrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, chairs the Judicial Campaign Ethics Subcommittee of the NYS Advisory Committee on Judicial Ethics. In that capacity, Judge Borrelli served on a panel at the NYS Judicial Institute in the taping of the “2019 Judicial Campaign Ethics Online Training Video.” All candidates for election to Judicial Office this year, including incumbent judges running for re-election (except Town and Village Justices), are required to timely complete this program during his/her candidacy.

05/14/2019

Gebhardt Elected to Board of Directors of Alumni Association for Cornell University’s ILR School

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Appellate PracticeCollaborative Law and Matrimonial & Family Law groups, was elected to the Board of Directors of the Alumni Association for Cornell University’s ILR School. Her three-year term begins in June 2019. The ILR School of Cornell University is the leading college of the applied social sciences focusing on work, employment, and labor policy issues and practices of national and international significance. ILR’s mission is to prepare leaders, inform national and international employment and labor policy, and improve working lives. As the world of work evolves, the school’s focus broadens to keep pace with that change.

05/01/2019

Gebhardt Elected Vice President of Westchester County Bar Association

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Appellate PracticeCollaborative Law and Matrimonial & Family Law groups, was elected as a Vice President of the Westchester County Bar Association (WCBA) at its Annual Meeting on March 7, 2019; she was sworn in on May 1, 2019. WCBA, established on February 11, 1896, is a not-for-profit corporation with a voluntary membership of more than 2,000 lawyers. WCBA’s purpose is to promote the ends of justice, cultivate jurisprudence, afford access to the courts to all who seek redress, facilitate the administration of justice, elevate the standards of integrity, honor, competence and courtesy in the legal profession, and participate with all members of society in seeking and perfecting the common good. Dolores has been active in the WCBA for many years and served as Secretary from 2017-2019.

04/17/2019

Donelli & Pennessi Win Appeal in Constructive Emancipation Case

Kathleen Donelli Kristen Mackay Pennessi

Kristen Pennessi & Kathleen Donelli won an appeal in the Appellate Division, Second Department (Mitarotonda v. Mitarotonda, ___ A.D.3d ___ (2d Dep’t 2019) in which the lower court denied a post-divorce judgment motion, brought by the noncustodial parent (the “father”), to stop paying the custodial parent (our client, the “mother”) child support based on constructive emancipation. Under the doctrine of constructive emancipation, New York courts have held that child support payments may be suspended where the “custodial parent unjustifiably frustrates the noncustodial parent’s right of reasonable access.” Kristen and Kathleen successfully argued that our client, the custodial parent, did not deliberately frustrate or actively interfere with the father’s relationship with his children. Therefore, the court ordered that the father continue to pay child support even though his children refused to have meaningful contact with him.

03/26/2019

Borrelli Speaks at Dinner of Association of Supreme Court Justices

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our  Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, was a speaker in Staten Island at a dinner of the Association of Supreme Court Justices of the City of New York.

02/01/2019

Gebhardt Featured in Q & A in Westchester Lawyer

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Appellate PracticeCollaborative Law and Matrimonial & Family Law groups, was featured in the February, 2019 issue of Westchester Lawyer, published by the Westchester County Bar Association. Dolores “tells all” in the article, including how, when she is not in court for her clients, she teaches a “spinning class” at New York Sports Club! She says: “Join me Wednesdays at 7:00 p.m., Sundays at 8:15 and 9:15 a.m. for the ride of your life! You’ll sweat, you’ll suffer, you’ll thank me later.”

04/13/2018

Judge Borrelli Speaks to Judges on Judicial Ethics

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, lectured on “Judicial Ethics” at a program of the New York State Unified Court System entitled “Taking the Bench – Spring, 2018” for newly-elected and recently appointed Town and Village Justices from around the state. The program was held in Albany, New York.

03/28/2018

Gebhardt Re-Elected Secretary of Westchester County Bar Association

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Appellate PracticeCollaborative Law and Matrimonial & Family Law groups, was re-elected as Secretary of the Westchester County Bar Association (WCBA). WCBA, established on February 11, 1896, is a not-for-profit corporation with a voluntary membership of more than 2,000 lawyers. WCBA’s purpose is to promote the ends of justice, cultivate jurisprudence, afford access to the courts to all who seek redress, facilitate the administration of justice, elevate the standards of integrity, honor, competence and courtesy in the legal profession, and participate with all members of society in seeking and perfecting the common good. Dolores has been active in the WCBA for many years and served as Secretary in 2017-2018.

02/19/2018

Judge Borrelli Presents for Unified Court System on Ethics Issues

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, served on the faculty of the New York State Judicial Institute and New York State Unified Court System, Office of Justice Court Support sponsored Continuing Judicial Education Program at the NYS Association of Towns Annual Convention in New York City. Judge Borrelli presented on two topics: 1) 2018 Judicial Ethics Updates and 2) Ethics: Civic Participation Limitations

01/25/2018

Judge Borelli Joins Firm

Hon. Edward P. Borrelli

We are please to announce that Judge Edward P. Borrelli has joined the firm as Counsel in our Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups. Judge Borrelli joins the firm following an illustrious 40 year career in the New York State Unified Court System, where he has presided over a very wide variety of proceedings, including Civil and Criminal jury trials and non-jury trials, high exposure Supreme Court Civil litigation, matrimonial, parental and grandparental child custody, visitation, child relocation, child support, domestic violence, elder law, adult guardianship and guardianship compliance enforcement proceedings.

01/09/2018

Judge Borrelli Part of Panel Discussion on Rules Governing Judicial Conduct

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our Trusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, was part of a panel presentation by the New York State Judicial Institute entitled, “Rules Governing Judicial Conduct”, as part of a seminar for new judges.

11/21/2016

Donelli Appointed to Judicial Screening Committee for City of White Plains

Kathleen Donelli

Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, has been appointed by Thomas R. Roach, the Mayor of White Plains, to serve as a member of the Judicial Screening Committee to interview candidates for two open positions of White Plains City Court Judge and review and report on their qualifications to the White Plains Common Council.

06/02/2016

Dolores Gebhardt Receives “Pace Setter” Award

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Appellate PracticeCollaborative Law and Matrimonial & Family Law groups, was selected as the “Pace Setter” and received this award at the annual “Above the Bar” awards on June 2, 2016. This prestigious honor is the highest award granted in the Above the Bar Awards, which are co-sponsored by the Westchester Business Journal and Citrin Cooperman. The Pace Setter Award is awarded to an attorney who exemplifies overall excellence in professional and community work and prominence in the Westchester legal profession. 

03/28/2016

Gebhardt Speaks on New Maintenance Guideline

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Collaborative Law and Matrimonial & Family Law groups, lectured on March 28, 2016 in Manhattan on The New Maintenance Guidelines for ADFP (Association of Divorce Financial Planners).

01/25/2016

Gebhardt Receives NYSBA’s Kay Crawford Murray Award

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Appellate PracticeCollaborative Law and Matrimonial & Family Law groups, received the Kay Crawford Murray Award. The Kay Crawford Murray Award is given by the New York State Bar Association to honor women in the profession who recognize the value of diversity in the legal profession and have dedicated their time to advancing the professional development of women attorneys.

01/08/2016

Donelli Co-Presents at 2016 New Judges’ School at the NY State Judicial Institute

Kathleen Donelli

Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, presented at the 2016 New Judges’ School at the New York State Judicial Institute in White Plains. Kathleen, and her co-presenters, the Hon. Janet Malone, the Hon. Linda Christopher and her law clerk, Phyllis Goldberg, Esq., spoke on “Post Judgment Relief and Uncontested Divorces.”

11/01/2015

Donelli Appointed to Judicial Screening Committee for City of White Plains

Kathleen Donelli

Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, has been appointed by Thomas R. Roach, the Mayor of White Plains, to serve as a member of the Judicial Screening Committee to interview candidates for the position of White Plains City Court Judge and review and report on their qualifications to the White Plains Common Council.

10/01/2015

Rosmarin & Donelli Co-Present on Money & Divorce Conference

Kathleen Donelli

Abby P. Rosmarin, a Mediator in our Mediation & Arbitration Practice Group, and Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, co-presented at the 2015 Catalyst Conference Money Talks – The Psychology of Money and Divorce Finances (10/1-10/5). In keeping with the conference’s mission – to provide a forum to foster an interdisciplinary approach to help separating or divorcing couples in mediation – the program included a divorce financial planner.

01/07/2015

Donelli Presents CLE Program to New Matrimonial Judges

Kathleen Donelli

Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, presented a legal education program for new matrimonial judges throughout New York State entitled, “Applications for Temporary and Final Relief in Matrimonial Actions: Maintenance, Equitable Distribution, Child Support and Counsel Fees”. The program took place on January 7, 2015 at the New York State Judicial Institute in White Plains.

12/05/2014

Donelli Lectures on Disciplinary Issues for NYSBA

Kathleen Donelli

Kathleen Donelli, who is a member of the Grievance Committee of the Ninth Judicial District, and a member of our Collaborative Law & Matrimonial & Family Law groups, lectured on “Anatomy of a Disciplinary Hearing” at the Elmwood Country Club in Greenburgh, New York for the Committee on Attorney Professionalism of the New York State Bar Association.

11/06/2014

Gebhardt Lectures on Appellate Practice in Manhattan

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Appellate Practice and Matrimonial & Family Law groups, lectured in Manhattan on November 6, 2014 on “Fundamental Appellate Practice” for the New York County Lawyers Association.

10/01/2014

Boggio, Bramson, Brophy, Donelli, Gebhardt, Miller & Streng Selected as Super Lawyers

Frank W. Streng Gail M. Boggio Howell Bramson Kathleen Donelli Dolores Gebhardt Hon. Sondra M. Miller

Seven of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has again been selected in the fields of Appellate/Family Law. Frank W. Streng has been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

06/08/2014

Gebhardt Elected President of White Plains Bar Association

Dolores Gebhardt

Dolores Gebhardt was sworn in as President of the White Plains Bar Association (WPBA) on June 18, 2014. A member of the WPBA Board of Directors since 2003, Dolores previously served as Treasurer and Secretary. Dolores joins current and former McCarthy Fingar attorneys Joel M. Aurnou, Kathleen Donelli, Joseph P. Harrington, Martin Drazen and John G. McQuaid, all of whom served as WPBA President.

06/04/2014

Miller Authors Article on Prenuptial Agreements for New York Law Journal

Hon. Sondra M. Miller

Hon. Sondra M. Miller, who has a national reputation on family law issues and leads our Mediation & Arbitration Practice Group and Appellate Practice group, authored an article for the New York Law Journal on Prenuptial Agreements entitled, “Come Live With Me and Be my Love…But Sign This Prenup!

01/31/2014

Donelli Receives Prestigious Ruth G. Schapiro Memorial Award

Kathleen Donelli

We are pleased to announce that Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, has received the Ruth G. Schapiro Memorial Award. The award is given annually by the New York State Bar Association’s (NYSBA) Committee on Women in the Law (Committee). The Ruth G. Schapiro Memorial Award is named to honor a nationally regarded tax lawyer who was the first female partner at Proskauer. Active in NYSBA, Schapiro was the first chair of the Committee, the chair of NYSBA’s Tax Section and one of the first women to serve on NYSBA’s Executive Committee. Under Schapiro’s guidance, the Committee’s first report in 1987 spawned increasingly meaningful actions that contributed to the progress of women in the law who were dealing with women’s issues. Under Schapiro’s leadership, the Committee established educational programs and publications for the public and the profession. This award honors a female or male member of NYSBA who has made a noteworthy contribution to addressing the concerns of women in the profession and in public life.

01/08/2014

Rosmarin & Donelli do CLE on the Psychology of Money and the Practice of Law

Kathleen Donelli

Abby P. Rosmarin, a Mediator in our Mediation & Arbitration Practice Group, and Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, jointly lectured for the Westchester Women’s Bar Association on a program entitled, “Money Matters: How the Psychology of Money Impacts our Practice of Law.”

11/14/2013

Gebhardt Moderates NYSBA Program on Appellate Practice & Lectures on Motion Practice in Appeals

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Appellate Practice and Matrimonial & Family Law groups, was the moderator of the bi-annual program on New York Appellate Practice on November 14, 2013 in White Plains, sponsored by the New York State Bar Association‘s Comittee on Courts of Appellate Jurisdiction. Dolores also lectured at this program on Motion Practice in the Appellate Division.

10/17/2013

Gebhardt Lectures for NYSBA on Matrimonial Agreements & Child Support Standards Act

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Collaborative Law and Matrimonial & Family Law groups, lectured in Mount Kisco on October 17, 2013 for the Family Law Section of the New York State Bar Association on “Marital Agreements & the Introduction to the Child Support Standards Act (CSSA).” See her Seminar Outline.

10/01/2013

Boggio, Bramson, Brophy, Donelli, Gebhardt & Miller Selected as Super Lawyers

Gail M. Boggio Howell Bramson Kathleen Donelli Dolores Gebhardt Hon. Sondra M. Miller

Six of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has again been selected in the fields of Appellate/Family Law. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

05/10/2013

Donelli Co-Chairs YWCA’s Annual Luncheon

Kathleen Donelli

Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, co-chaired the Fifth Annual Luncheon (May 10, 2013) of the YWCA of White Plains & Central Westchester, entitled, “In the Company of Women”.

04/15/2013

Miller & Rosmarin Lecture on Family Law Mediation

Hon. Sondra M. Miller

Judge Miller and Abby Rosmarin, lawyers in our Mediation & Arbitration Practice Group, lectured at Pace Law School on April 15, 2013 in White Plains, New York at a CLE program entitled “Essential Family Law/Matrimonial Law: Fundamentals.”

04/06/2013

Donelli, Miller & Rosmarin Participate in Collaborative Law Workshop

Kathleen Donelli Hon. Sondra M. Miller

On April 6, 2013, Kathleen Donelli (who heads up our Collaborative Law & Matrimonial & Family Law groups) and Deborah Wayne, Adjunct Professors at Pace Law School, presented a 6 hour Intensive Collaborative Law workshop for their students. The students found the workshop to be an exceptional learning experience. One of the students, Jonah Freedman, wrote: “I have participated in numerous simulations throughout my law school career and last Saturday’s collaborative law simulation was by far superior. What made this experience so rewarding was having the opportunity to role play and gain insights alongside all the Collaborative Law essential ‘players’ such as attorneys (including a Judge), mental health professionals and CPAs.” Judge Sondra Miller and Abby Rosmarin, lawyers in our Mediation & Arbitration Practice Group, also participated in the workshop.

03/16/2013

Donelli Lectures on Professional Ethics

Kathleen Donelli

Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, was part of a panel discussion on March 16, 2013 entitled “Ethics and Professionalism” in White Plains, New York at Pace University School of Law.

03/13/2013

Donelli Speaks to Judges & Court Personnel on No Fault Divorce & Maintenance Issues

Kathleen Donelli

Kathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, was part of a live broadcast on March 13, 2013 to satellite viewing sites for judges and court attorneys throughout New York State on “No Fault Divorce and Maintenance Issues.” with the Hon. Richard Dollinger, ASCJ. This lunch and learn program will be kept on the NYS Court Intranet website that hosts the New York State Judicial Institute’s continuing legal education programs for judges and court attorneys throughout New York State.

02/26/2013

Rosmarin Speaks on “Do’s & Don’t for Mediators & Collaborative Lawyers; Donelli Moderates Program

Kathleen Donelli

Abby P. Rosmarin, a Mediator in our Mediation & Arbitration Practice Group, was part of a panel discussion on February 26, 2013 on “The Do’s and Don’t of Client Intake for Matrimonial & Civil Mediators & Collaborative Attorneys” at the White Plains Library in a program sponsored by the Collaborative Practice & Mediation Committees of the Westchester Women’s Bar AssociationKathleen Donelli, who is a member of our Collaborative Law & Matrimonial & Family Law groups, was the moderator of the program.

02/16/2013

Gebhardt is Volunteer Lawyer/Judge at Hofstra Law School

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Collaborative Law and Matrimonial & Family Law groups, was a volunteer lawyer/judge at Hofstra Law School on February 16, 2013 for a course entitled, “Modern Divorce Advocacy: Direct and Cross-Examination of Court-Appointed Mental Health Experts.”

11/08/2012

Donelli Speaks at Webinar for NYS Judicial Institute

Kathleen Donelli

Kathleen Donelli presented at a live broadcast (from 1 to 2 p.m.) to satellite viewing sites for judges and court attorneys throughout New York State on “Maintenance and No Fault Issues In Matrimonial Actions” with the Hon. Richard Dollinger, ASCJ. This lunch and learn program will be kept on the NYS Court Intranet website that hosts the New York State Judicial Institute’s continuing legal education programs for judges and court attorneys throughout New York State. However, Storm Sandy resulted in the temporary loss of technological resources for the courts, and the need to reschedule the program. Stay tuned to our web site for the new date for the program.

10/15/2012

Gebhardt Lectures for NYSBA on Marital Agreements & Child Support Standards Act

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Collaborative Law and Matrimonial & Family Law groups, lectured on October 15, 2012 for the Family Law Section of the New York State Bar Association on “Marital Agreements and the Child Support Standards Act.”

10/01/2012

Bramson, Brophy, Donelli, Gebhardt & Miller Selected as Super Lawyers

Howell Bramson Kathleen Donelli Dolores Gebhardt Hon. Sondra M. Miller

Five of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Howell Bramson has been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has been selected in the fields of Appellate/Family Law. Joe Brophy has also been selected as one of Westchester’s top 25 lawyers. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

07/17/2012

Gebhardt Lectures on Basic Matrimonial Law at Summer Justice Academy for Young Women

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Collaborative Law and Matrimonial & Family Law groups, lectured on July 17, 2012 on “Basic Matrimonial Law” at the 2012 Summer Justice Academy for Young Women. The Summer Justice Academy is a unique, one-week, intensive immersion program introducing 40 minority and disadvantaged female high school students to different legal disciplines. Its mission is to inspire and empower these young women to pursue education leading to careers in law. The program was sponsored by the New York Chapter of the National Association of Women Judges and Pace Law School. Click at Summer Academy to see Dolores’ seminar outline.

06/21/2012

Gebhardt Lectures on ABC’s of Matrimonial Law

Dolores Gebhardt

Dolores Gebhardt, who is a member of the firm’s Collaborative Law and Matrimonial & Family Law groups, lectured at Pace University School of Law in White Plains on June 21, 2012, on the “ABC’s of Matrimonial Law”, in a program co-sponsored by Pace, Westchester Women’s Bar Association, Pace Women’s Justice Center and the Ninth Judicial District Committee to Promote Gender Fairness in the Courts. This program provided an overview of how to draft a matrimonial action, including such topics as what ground to use, the need for determining child custody, visitation and support, the ability to request maintenance (temporary and permanent) and legal fees from the adversary spouse, and the way to calculate equitable distribution. Click at ABC’s to see Dolores’ seminar outline.

03/12/2012

Judge Miller Interviewed by Wall Street Journal on Impact of New Divorce Law

Hon. Sondra M. Miller

Hon. Sondra M. Miller, who leads our Mediation & Arbitration Practice Group and Appellate Practice groups, was interviewed by the Wall Street Journal on the impact of the new divorce law. Judge Miller, who has been a long-time proponent of reforms in divorce law, discussed how the new divorce law, passed in 2010, has had unintended consequences on temporary alimony for some affluent New Yorkers. See video below for that interview. Footage provided by Wall Street Journal.

02/15/2012

Gebhardt Lectures in Manhattan on Collaborative Law

Dolores Gebhardt

Dolores Gebhardt, who is a member of the firm’s Collaborative Law and Matrimonial & Family Law groups, lectured in Manhattan on February 15, 2012 at the New York County Lawyers’ Association’s 2012 Matrimonial and Family Law Institute entitled, “Alternative Dispute Resolution and Its Impact on Matrimonial Practice.” Click at Outline to see Dolores’ seminar outline.

02/05/2012

Donelli Lectures on Ethical Issues for Lawyers

Kathleen Donelli

Kathleen Donelli, who is a Collaborative lawyer and heads up our Matrimonial & Family Law group, was part of a panel discussion on February 5, 2012 entitled “Ethics and Professionalism Update 2012” in White Plains, New York at Pace University School of Law. The panel reviewed the Rules of Professional Conduct. After an overview and update, the panel used a hypothetical to examine issues including advertising, solicitation, client relations, conflicts of interest, dealing with represented and unrepresented parties, specialization, competence, prosecutorial abuse and civility.

01/10/2012

Donelli Moderates Program on Impact of Economy on Matrimonial Cases

Kathleen Donelli

Kathleen Donelli, who chairs our Matrimonial & Family Law group, was the moderator of a program on January 10, 2012 sponsored by the Matrimonial Committee of the Westchester Women’s Bar Association, entitled, “Impact of the Current Economy on Matrimonial Cases: House Sales, Foreclosures and Bankruptcies.”

11/30/2011

Donelli Lectures for NYSBA on “Avoiding Ethical Dilemmas in Day-to-Day Practice”

Kathleen Donelli

Kathleen Donelli lectured on “Avoiding Ethical Dilemmas in Day-to-Day Practice” at the Marriott Hotel in Tarrytown, New York on November 30, 2011 for the Committee on Attorney Professionalism of the New York State Bar Association.

11/18/2011

Gebhardt is Moderator of New York State Bar Association CLE program & Lectures on Matrimonial Appeals

Dolores Gebhardt

Dolores Gebhardt, who is a member of our Appellate Practice and Matrimonial & Family Law groups, was the moderator of the bi-annual Continuing Legal Education program on Appellate Practice sponsored by the New York State Bar Association‘s New York State Bar Association‘s Committee on Courts of Appellate Jurisdiction. Dolores also lectured at this program on “Special Considerations in Matrimonial Appeals”. Click at Outline to see Dolores’ written presentation for this program.

10/25/2011

Judge Miller & Donelli Speak to Law Revision Commission

Kathleen Donelli Hon. Sondra M. Miller

Hon. Sondra M. Miller and Kathleen Donelli, members of our Matrimonial & Family Law and Collaborative Law groups, were invited and met with the New York State Law Revision Commission (“LRC”) at a Roundtable Meeting on Maintenance Awards in Divorce Proceedings on October 25, 2011 at Albany Law School in Albany, New York. Both Judge Miller and Kathleen had the opportunity to discuss the legislation that the New York State Legislature has directed the LRC to propose by December 31, 2011 on maintenance awards.

10/04/2011

Brophy & Donelli Selected as Super Lawyers

Kathleen Donelli

Two of our partners have been selected Super Lawyers in the New York Metropolitan area. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Joe Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, and, this year, in the field of General, Estate & Trust Litigation. Joe has also been selected as one of Westchester’s top 25 lawyers. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

07/12/2011

Gebhardt Lectures on Basic Matrimonial Law at the Summer Justice Academy for Young Women

Dolores Gebhardt

Dolores Gebhardt, who is a member of the firm’s Collaborative Law and Matrimonial & Family Law groups, lectured on July 12, 2011 on “Basic Matrimonial Law” at the 2011 Summer Justice Academy for Young Women. The Summer Justice Academy is a unique, one-week, intensive immersion program introducing 40 minority and disadvantaged female high school students to different legal disciplines. Its mission is to inspire and empower these young women to pursue education leading to careers in law. The program was sponsored by the New York Chapter of the National Association of Women Judges and Pace Law School.

05/21/2011

Gebhardt and Donelli Lecture on New Matrimonial Laws

Kathleen Donelli Dolores Gebhardt

Dolores Gebhardt and Kathleen Donelli lectured on May 21, 2011 in Manchester, Vermont for the Women’s Bar Association of the State of New York on the “New Matrimonial Laws: No Fault Divorce, Temporary and Post Divorce Maintenance Guidelines, Counsel & Expert Fees, Modification of Child Support And Orders of Protection.” See Seminar Outline.

04/28/2011

Judge Miller Receives the “Above the Bar” Award & Selected as “Pace Setter”

Hon. Sondra M. Miller

Hon. Sondra M. Miller was selected as the “Pace Setter” and received the “Above the Bar” award on April 28, 2011 in White Plains, New York.

03/24/2011

Gebhardt Speaks on Collaborative Law

Dolores Gebhardt

As an Adjunt Professor at Hofstra University School of LawDolores Gebhardt teaches a course on Collaborative Matrimonial Law. On March 24, 2011, Dolores talked to Professor Yishai Boyarin’s class at Hofstra, “Alternatives to Litigation”, about her work and experiences in Collaborative Law.

03/23/2011

Donelli Speaks to NYS Supreme Court Justices on New Matrimonial Legislation

Kathleen Donelli

Kathleen Donelli spoke on March 23, 2011 in White Plains, New York to New York State Supreme Court Justices on the “New Matrimonial Legislation” at the New York State Judicial Institute at Pace. Click at Outline to see seminar materials.

02/05/2011

Donelli Lectures on Ethics Issues for Lawyers

Kathleen Donelli

Kathleen Donelli was part of a panel discussion on “Ethics and Professionalism Update 2011” in White Plains, New York on February 5, 2011 at Pace University School of Law. The panel reviewed the Rules of Professional Conduct. After an overview and update, the panel used a hypothetical to examine issues including advertising, solicitation, client relations, conflicts of interest, dealing with represented and unrepresented parties, specialization, competence, prosecutorial abuse and civility.

02/04/2011

Judge Miller Interviewed by New York Law Journal on Court Ruling on New No-Fault Divorce Legislation

Hon. Sondra M. Miller

Hon. Sondra M. Miller, who has been a long-time proponent of “no fault” divorce and helped bring upon its passage in law last year, was interviewed by the New York Law Journal (2/4/2011) to comment on a recent ruling on the new law by Essex County Justice Robert J. Muller. Justice Muller is  the second judge to rule that a trial is required if a party disputes whether, under the new law, a marriage has “broken down irretrievably.” The article went on to say:

 

“Sondra Miller, the former Second Department justice who headed a commission appointed by former Chief Judge Judith S. Kaye to examine the state’s matrimonial laws, disagreed with Justice Muller’s conclusion stating that the ‘irretrievably broken’ language must be read in the context within which it was written. . . . ‘It is quite clear,’ Ms. Miller said, that the ‘purpose’ of the language referring to an oath provided by ‘one party’ was to ‘avoid litigation.’  ‘It was not the intent of the Legislature and the bill’s sponsors to avoid litigation on fault grounds only to substitute litigation upon the ground of irretrievable breakdown,’ added Ms. Miller who is now chief counsel at McCarthy Fingar in White Plains. ‘The statute was designed to avoid the expense and delay of full trials.'”

01/19/2011

Judge Miller Speaks at Induction Ceremony of Justice Linda J. Christopher

Hon. Sondra M. Miller

Hon. Sondra M. Miller spoke at the Rockland County Courthouse in New City at the induction ceremony of newly elected Justice Linda J. Christopher.

01/10/2011

Gebhardt Speaks at Induction Ceremony of New Judges

Dolores Gebhardt

Dolores Gebhardt, as President of the Westchester Women’s Bar Association, was a speaker on January 10, 2011 at the Richard J. Daronco County Courthouse in White Plains, New York at the induction ceremony of newly elected judges.

10/27/2010

Brophy & Donelli Selected as Super Lawyers

Kathleen Donelli

This year for the first time, two of our partners have been selected Super Lawyers in the New York Metropolitan area. Kathleen Donelli has been selected in the fields of Family Law/Collaborative Law/Appellate. Joe Brophy has been selected for the fourth straight year in the field of Personal Injury/Medical Malpractice. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement. Super Lawyers has a rigorous selection process; only five percent of all lawyers in each state are eligible for consideration, and far fewer are selected.

06/01/2010

Gebhardt Elected President of Westchester Women’s Bar Association

Dolores Gebhardt

Dolores Gebhardt was elected President of the Westchester Women’s Bar Association (June, 2010). In her remarks at WWBA’s annual banquet, in which WWBA celebrated its 35th Anniversary, Dolores spoke of the proud traditions of WWBA in assisting women in many different ways. She also spoke of the need to encourage more men to join WWBA. Dolores had this to say: “We began 35 years ago as a bar association of women who were concerned about issues concerning women and children.   Now, I am proud to say, we are no longer an association of women.  We are proud of the 67 men who have joined our ranks . . . . One of my goals as President will be to encourage and further develop the active participation of men in our bar association.  I invite every male attorney in Westchester – if you have a wife, a mother, a sister or a daughter – if you love women, join us and help make a difference in their lives!” See WWBA’s site for a full description of Dolores’ comments and for more information about WWBA. During Dolores’ term as President, this site will report on her important work for WWBA and women in Westchester County.

04/01/2010

Mackay Featured in Pace Law School’s Newsletter

Kristen Mackay Pennessi

Kristen L. Mackay (n/k/a Pennessi), a member of our Commercial Litigation and Matrimonial & Family Law groups, was featured in a “Practitioner Profile” in the April, 2010 newsletter of Pace University School of Law. The article also spoke of Kristen’s involvement with Judge Miller on the Post-Miller Commission for Change. “Since June 2007, Kristen has also served as a representative on the Post-Miller Commission for Change. As a representative, Kristen attends monthly meetings and participates in forums to develop best practices and effect reform in the matrimonial and family law systems in an effort to reduce trauma, delay and cost to parties, children and families.” Click at Report to see the recommendations of the Matrimonial Commission chaired by Judge Miller.

03/09/2009

Donelli Appointed to Grievance Committee for Ninth Judicial District

Kathleen Donelli

Kathleen Donelli has been appointed by the Presiding Justice of the Appellate Division, Second Department, the Hon. A. Gail Prudente, to serve on the Grievance Committee for the Ninth Judicial District.

12/05/2008

Donelli Lectures on Attorney Ethics for NYSBA

Kathleen Donelli

Kathleen Donelli lectured on Ethics & Professionalism at the Marriott Hotel in Tarrytown, New York on December 5, 2008 for the Committee on Attorney Professionalism of the New York State Bar Association.

06/17/2008

Judge Miller Interviewed by New York Law Journal on “No Fault” Divorce

Hon. Sondra M. Miller

Hon. Sondra M. Miller was interviewed by the New York Law Journal as a spokesperson for various state and local bar groups who lobbied Albany legislators for an amendment of divorce law to permit “no fault” divorce. Judge Miller, who is also the Director of the Office of Family Services for the Office of Court Administration, organized the event in Albany, to remind legislators of the need to change the divorce laws and to highlight the near-unanimous support that the no-fault option has among bar groups. In her interview, Judge Miller also spoke of the difficulties the no-fault option faced in the current legislative session, since no-fault divorce is just one of a myriad of items vying for attention. In the interview, Judge Miller said: “They are not focused on this issue. And we, as a group, are at a disadvantage because we are not lobbyists.”

03/01/2008

Gebhardt Featured in Westchester Business Journal

Dolores Gebhardt

Dolores Gebhardt was featured in the Westchester Business Journal’s March 2008 supplement, “Working Women of Westchester.” In her interview, Dolores had this to say about her background and experiences: “My grandfather was a union shop steward and I naturally gravitated toward labor law. I graduated from the Cornell University School of Industrial and Labor Relations and Hofstra Law School and immediately went to work as a field attorney at the National Labor Relations Board. I switched to matrimonial law after I went through my own divorce. It was a painful, difficult experience and I believed that I could prevent what happened to me from happening to clients of mine.”

01/03/2008

Donelli Lectures for UJA on Protecting Assets Before a Divorce

Kathleen Donelli

Kathleen Donelli lectured on January 3, 2008 in New York, New York on “Protecting Assets Before a Divorce” for the Planned Giving and Endowments Department of UJA Federation of NY. For lecture materials, click on Seminar Outline.

11/08/2007

Judge Miller is Keynote Speaker for The Family & Divorce Mediation Council of Greater New York

Hon. Sondra M. Miller

Hon. Sondra M. Miller was a keynote speaker on November 8, 2007 for The Family & Divorce Mediation Council of Greater New York (FDMCGNY) at its 25th anniversary gala celbration in New York, New York. FDMCGNY is a not-for-profit group dedicated to the constructive resolution of traditional and non-traditional family disputes.

11/01/2007

Gebhardt and Judge Miller Author Article on Divorce Law and Abandonment

Dolores Gebhardt Hon. Sondra M. Miller

Dolores Gebhardt and Hon. Sonda M. Miller authored an article in the Pace Law Review, Justice Abandoned: Forty Years of Stalemate in Actions for Divorce on the Ground of Abandonment, 27 Pace Law Review 605 (2007). Click on Article to see this publication.

10/11/2007

Gebhardt & Judge Miller Lecture in Manhattan on No-Fault Divorce

Dolores Gebhardt Hon. Sondra M. Miller

Dolores Gebhardt and Hon. Sondra M. Miller spoke at a forum in New York City at the Association of the Bar of the City of New York on October 11, 2007, entitled “The Need for No-Fault Divorce.”

06/01/2007

Donelli Appointed to Serve on White Plains Judicial Review Committee

Kathleen Donelli

Kathleen Donelli has been appointed by Mayor Delfino to serve as a member of the City of White Plains Judicial Review Committee.

04/17/2007

Donelli Lectures for NYSBA on How to Handle a Custody Case

Kathleen Donelli

Kathleen Donelli lectured on “How to Handle a Custody Case” on April 17, 2007 at the Holiday Inn in Mount Kisco, New York for the Family Law Section of the New York State Bar Association.

04/01/2007

Miller Interviewed on Recommendations of Matrimonial Commission

Hon. Sondra M. Miller

Hon. Sondra M. Miller  In the aftermath of the recent bribery conviction of former state Supreme Court Justice Gerald P. Garson, there has been substantial media coverage of the manner in which matrimonial and family law cases are litigated in the court system. Judge Miller, who headed the Matrimonial Commission formed by Chief Judge Judith S. Kaye, was interviewed by The Institute for Judicial Studies for both her observations on the case and efforts to implement the recommendations of the Matrimonial Commission. For excerpts of that interview, click at Interview. Click at Report to see the recommendations of the Matrimonial Commission.

04/01/2007

Donelli Interviewed on the Role of Law Guardians in Matrimonial Cases

Kathleen Donelli

In the aftermath of the recent bribery conviction of former state Supreme Court Justice Gerald P. Garson, there has been substantial media coverage of the manner in which matrimonial and family law cases are litigated in the court system, including the role of law guardians, who act as attorneys for the children. Kathleen Donelli was interviewed by The Institute for Judicial Studies for Judicial Reports (http://www.judicialreports.com) on this issue. “I’ve found them to be very instrumental for settling cases in matrimonial court,” said Kathleen. She also said that, “[s]ince the Miller Commission there has been an emphasis on the law guardian’s duty to interview the child and communicate the child’s situation to the court.” Click at Report (PDF) to see the recommendations of the Matrimonial Commission, which was led by Judge Miller, who serves as the firm’s Chief Counsel.

02/03/2007

Donelli Lectures on Attorney Ethics at Pace

Kathleen Donelli

Kathleen Donelli lectured on February 3, 2007 in White Plains, New York at Pace University School of Law on “Ethics and Professionalism”.

11/17/2006

Donelli Lectures for NYSBA on Ethical Issues for Lawyers

Kathleen Donelli

Kathleen Donelli lectured on Ethics & Professionalism at the Marriott Hotel in Tarrytown, New York on November 17, 2006 for the Committee on Attorney Professionalism of the New York State Bar Association.

10/24/2006

Judge Miller Lectures on Ethical Considerations and Attorney Fees

Hon. Sondra M. Miller

Hon. Sondra M. Miller lectured on Ethical Considerations and Attorney Fees as part of an all-day program in Tarrytown, New York on October 24, 2006 entitled “Probate and Administration of Estates” for the Trusts & Estates Law Section of the New York State Bar Association.

10/21/2006

Donelli Lectures on Collaborative Law

Kathleen Donelli

Kathleen Donelli lectured on October 21, 2006 on “Collaborative Law” at the Annual Law Guardian Training Program in White Plains, New York at Pace University School of Law. For lecture materials and/or Power Point presentation, click on Outline.

10/03/2006

Donelli Lectures on Equitable Distribution on Matrimonial Actions

Kathleen Donelli

Kathleen Donelli lectured on October 3, 2006 on “Equitable Distribution in Matrimonial Actions” at the law firm of Boies Schiller & Flexner LLP in Armonk, New York at a program sponsored by the Northern Westchester Shelter and Westchester Women’s Bar Association. For lecture materials, click on Seminar Outline.

09/27/2006

Donelli Lectures on the Art of Negotiation

Kathleen Donelli

Kathleen Donelli lectured on September 27, 2006 on “Women & the Art of Negotiation: Practice Points for Success” at Pace University School of Law in White Plains, New York, sponsored by Westchester Women’s Bar Association and Pace.

05/09/2006

Bramson and Donelli Lecture on Tax Issues Related to Divorce

Howell Bramson Kathleen Donelli

Howell Bramson and Kathleen Donelli lectured on “Tax Issues Related to Divorce” on May 9, 2006 at The Bank of New York in White Plains. For lecture materials, click on Seminar Outline.

04/28/2006

Donelli Lectures for NYSBA on Ethical Issues in Matrimonial Cases

Kathleen Donelli

Kathleen Donelli lectured on Ethical Issues in Matrimonial Cases at the Marriott Hotel in Tarrytown, New York on April 28, 2006 for the Family Law Section of the New York State Bar Association.

03/06/2006

Donelli Lectures at St. John’s University on Collaborative Law

Kathleen Donelli

Kathleen Donelli lectured on March 6, 2006 at St. John’s University School of Law on “Introduction and Overview to Collaborative Law”.

02/08/2006

Donelli Lectures at Pace on Dealing with New Matrimonial Clients

Kathleen Donelli

Kathleen Donelli lectured on February 8, 2006 at Pace University School of Law on “Initial Contact with Matrimonial Clients”. For lecture materials, click on Seminar Outline.

02/04/2006

Donelli Lectures on Ethical Issues for Lawyers

Kathleen Donelli

Kathleen Donelli lectured on February 4, 2006 at Pace University School of Law on “Ethics and Professionalism”. For lecture materials, click on Seminar Outline.

01/01/2006

Gebhardt Named New Partner and Continues as Member of Matrimonial & Family Law and Collaborative Law Groups

Dolores Gebhardt

We are pleased to announce that Dolores Gebhardt has been named a partner of the Firm. Dolores will continue to practice in the areas of Commercial Litigation and Matrimonial and Family Law.

01/01/2006

Judge Sondra Miller Joins Firm and Leads the Firm’s Appellate and Mediation and Arbitration Practice Groups

Hon. Sondra M. Miller

We are pleased to announce that Judge Sondra M. Miller, retired from the Appellate Division, Second Judicial Department, as of January 1, 2006, has joined our Firm as Chief Counsel. Judge Miller is a member of the Firm’s Commercial Litigation and Matrimonial & Family Law groups and will lead the Firm’s appellate practice.

12/09/2005

Donelli Lectures for NYSBA on Professional Ethics for Lawyers

Kathleen Donelli

Kathleen Donelli lectured on Professional Ethics at the Marriott Hotel in Tarrytown, New York on December 9, 2005 for the Committee on Attorney Professionalism of the New York State Bar Association.

11/03/2005

Donelli Received Alumni Leadership Award from Pace Law School

Kathleen Donelli

Kathleen Donelli was an honoree at Pace University School of Law’s Alumni Leadership Awards Dinner on November 3, 2005. Click at photograph for a photo from the event.

08/01/2005

Santoro Joins Firm as Associate

Michelle L. Santoro

Michelle L. Santoro has joined the firm as an associate and is a member of our Commercial Litigation and Matrimonial and Family Law groups.

04/28/2005

The Firm is a Co-Sponsor of “Take Our Children to Work Day”

Kathleen Donelli

The Firm co-sponsored the Fourth Annual “Take our Children to Work Day” on April 28, 2005, a program hosted in White Plains, New York by the United States District Court, Southern District of New York. One of our partners, Kathleen Donelli, President of the Westchester Women’s Bar Association, spoke to approximately 60 children attending the program about the importance of our jury system.

02/05/2005

Donelli Lectures on Professional Ethics

Kathleen Donelli

Kathleen Donelli lectured on February 5, 2005 at Pace University School of Law on “Ethics and Professionalism”. For lecture materials, click on Seminar Outline.

11/13/2004

Donelli Honored by YWCA As One of Westchester County’s Outstanding Women

Kathleen Donelli

As part of the 75th Anniversary celebration of the YWCA of White Plains and Central Westchester, Kathleen Donelli was selected and honored as one of Westchester County’s outstanding women. The YWCA gives this honor to women who, by their achievements, commitment and leadership, have inspired others while making the community a better place to live and whose actions exemplify the YWCA’s mission: to empower women and eliminate racism. To celebrate the YWCA’s 75th Anniversary and the award recipients’ leadership, a gala was held on November 13, 2004 at the Surf Club in New Rochelle. Gloria Steinem was the guest speaker. The Westchester District Attorney, Jeanine Pirro, was the honorary Chairperson. As a special honorary, Kathleen was inducted into the YWCA Academy.

07/27/2004

Donelli Lectures on Divorce Law in New York State

Kathleen Donelli

Kathleen Donelli lectured on July 27, 2004 in White Plains, New York for Pace Women’s Justice Center on “Divorce Law in New York State”. For lecture materials, click on Seminar Outline.

03/10/2004

Donelli Co-Chairs Girl Scouts of Westchester/Putnam’s 25th Anniversary Luncheon

Kathleen Donelli

Kathleen Donelli co-chaired a luncheon of the Girl Scouts of Westchester*Putnam on March 10, 2004, held at Abigail Kirsch-Tappan Hill in Tarrytown, New York, celebrating that organization’s 25th anniversary.

03/09/2004

Donelli Lectures on Equitable Distribution

Kathleen Donelli

Kathleen Donelli lectured on March 9, 2004 and March 18, 2004 in Elmsford, New York on “Equitable Distribution” as part of a program offered by the Westchester Women’s Bar Association, in partnership with the Northern Westchester Shelter and Victims Assistance Services. For lecture materials, click on Seminar Outline1.

02/07/2004

Donelli Lectures on Ethics and Professionalism

Kathleen Donelli

Kathleen Donelli lectured on February 7, 2004 at Pace University School of Law on “Ethics and Professionalism”. For lecture materials, click on Seminar Outline.

01/22/2004

Donelli Speaks at Induction Ceremony for New Judges

Kathleen Donelli

Kathleen Donelli, as President of the Westchester Women’s Bar Association, was a speaker on January 22, 2004 at the Richard J. Daronco County Courthouse in White Plains, New York at the induction ceremony of newly elected judges.

06/12/2003

Donelli Lectures on Pendente Lite Motions: Temporary Support and Relief in a Divorce Case

Kathleen Donelli

Kathleen Donelli lectured on June 12, 2003 in White Plains, New York for Pace University School of Law‘s Women’s Justice Center on “Pendente Lite Motions: Temporary Support and Relief Pending a Divorce Judgment.” For lecture materials, click on Seminar Outline.

04/01/2003

Gebhardt Authors Article for Westchester County Bar Association

Dolores Gebhardt

Dolores Gebhardt authored an article (“Awards of Attorney’s Fees: Call a Spade a Spade, and You May Get Paid”) for the Spring, 2003 newsletter for the Westchester County Bar Association. Click here to view this article.

02/01/2003

Donelli Lectures on Lawyer Ethics and Professionalism

Kathleen Donelli

Kathleen Donelli lectured on February 1, 2003 at Pace University School of Law‘s on “Ethics and Professionalism”. For lecture materials, click on Seminar Outline.

11/19/2002

Donelli Lectures on Letters of Engagement

Kathleen Donelli

Kathleen Donelli lectured on November 19, 2002 in White Plains, New York for the White Plains Bar Association on “Letters of Engagement.” For lecture materials, click on Seminar Outline.

11/13/2002

Donelli Lectures on Letters of Engagement & Fee Dispute Arbitration

Kathleen Donelli

Kathleen Donelli lectured on November 13, 2002 in White Plains, New York for the Westchester Women’s Bar Association on “Letters of Engagement and Fee Dispute Arbitration.” For lecture materials, click on Seminar Outline.

06/05/2002

Donelli Lectures on Children’s Records Law in New York: Access to Mental Health Records

Kathleen Donelli

Kathleen Donelli lectured on June 5, 2002 in White Plains, New York for Lorman Education Services on “Children’s Records Law in New York: Access to Mental Health Records.” For lecture materials, click on Seminar Outline.

05/28/2002

Donelli Lectures on Child Support & Maintenance

Kathleen Donelli

Kathleen Donelli lectured on May 28, 2002 in White Plains, New York for Pace University School of Law‘s Justice Center on “Child Support and Maintenance.” For lecture materials, click on Seminar Outline.

04/24/2002

Donelli Lectures for WWBA on Taking & Defending Depositions

Kathleen Donelli

Kathleen Donelli lectured on April 24, 2002 in White Plains, New York for the Westchester Women’s Bar Association on “Taking and Defending Depositions.” For lecture materials, click on Seminar Outline.

02/02/2002

Donelli Lectures on Ethics & Professionalism

Kathleen Donelli

Kathleen Donelli lectured in White Plains, New York on February 2, 2002 as part of a panel discussion on “Ethics and Professionalism” for Pace University School of Law‘s Continuing Legal Education program.

11/27/2001

Gebhardt Lectures on Current Trends in Equitable Distribution

Dolores Gebhardt

Dolores Gebhardt lectured on November 27, 2001 for the Westchester Division of the Pace Women’s Justice Center on “Current Trends in Equitable Distribution” as a part of the Family Law Lecture Series.

11/01/2001

Gebhardt Joins Firm as Associate

Dolores Gebhardt

Dolores Gebhardt has joined the firm as an associate. She will be primarily working in the Commercial Litigation and Matrimonial and Family Law practice groups.

06/19/2001

Donelli Lectures on Access to Children’s Medical Records

Kathleen Donelli

Kathleen Donelli lectured on June 19, 2001 for Lorman Education on Access to Children’s Medical Records.

03/28/1996

Donelli Interviewed by New York Times on Child Relocation Issues

Kathleen Donelli

Kathleen Donelli, who won a landmark New York State Court of Appeals custody decision in Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996) and frequently lectures on child relocation issues, was interviewed by the New York Times (3/28/1996) on child relocation cases.  In the interview, Kathleen, who represented the mother in Tropea, said that Tropea should not be read as endorsing the traditional view of custody disputes that a mother should always triumph.  She then had this to say:

“‘More and more fathers are gaining custody of their children,’ Ms. Donelli said, pointing to a 1993 Court of Appeals decision that blocked a father with custody from moving to New Jersey with his new wife to ease their commute to their jobs. ‘Now there is less of a burden for a custodial parent to gain permission to relocate,’ she added.”

ABC’s of Matrimonial Law

by Dolores Gebhardt on 06/21/2012 Dolores Gebhardt

Pace University School of Law, Westchester Women's Bar Association, Pace Women’s Justice Center, Ninth Judicial District Committee to Promote Gender Fairness in the Courts

[Read in full]

Protecting Assets Before a Divorce

by Kathleen Donelli on 01/03/2008 Kathleen Donelli

UJA Federation of NY

[Read in full]

Family and Matrimonial Law Series

by Kathleen Donelli on 10/03/2006 Kathleen Donelli

Northern Westchester Shelter

[Read in full]

The Constitionality of New York’s Grandparent Visitation Statute in Light of Troxel v. Granville

by Kathleen Donelli on 05/06/2000 Kathleen Donelli

27 Westchester Bar Journal 19 (2000)

[Read in full]

The Drafting of Relocation Clauses and the Challenge It Presents

by Kathleen Donelli on 05/01/1996 Kathleen Donelli

The Matrimonial Strategist, Vol. XIV, Number 4, May 1996.

[Read in full]

Mitarotonda v. Mitarotonda, ___ A.D.3d ___ (2d Dep’t 2019)

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Child Custody – Appellate Practice – Constructive Emancipation

Our matrimonial lawyers often represent clients on financial issues relating to child custody. Here, Kristen Pennessi & Kathleen Donelli won an appeal in the Appellate Division in which the lower court denied a post-divorce judgment motion, brought by the noncustodial parent (the “father”), to stop paying the custodial parent (our client, the “mother”) child support based on constructive emancipation. Under the doctrine of constructive emancipation, New York courts have held that child support payments may be suspended where the “custodial parent unjustifiably frustrates the noncustodial parent’s right of reasonable access.” Kristen and Kathleen successfully argued that our client, the custodial parent, did not deliberately frustrate or actively interfere with the father’s relationship with his children. Therefore, the court ordered that the father continue to pay child support even though his children refused to have meaningful contact with him.

[Read in full]

KC v. JC, 50 Misc. 3d 892, 25 N.Y.S.3d 798 (Sup. Ct., Westchester 2015)

Dolores Gebhardt

Dolores Gebhardt

Matrimonial & Family LawChild Custody – Release to Counsel of Forensic Evaluator’s Notes & Raw Data

Our Matrimonial & Family Law lawyers represent clients in contested child custody cases. In those cases, the parents’ mental health is relevant, and the court often appoints a mental health professional to perform a forensic evaluation of the parties and the children to assist the court in determining custody. The neutral forensic evaluator’s report is usually released to counsel, but, for years, courts refused to release the forensic evaluator’s underlying notes, test results and raw data unless the requesting party could show “special circumstances,” such as bias on the part of the forensic evaluator. On behalf of the plaintiff wife, Dolores Gebhardt successfully moved for the release of a forensic evaluator’s entire file without proof of “special circumstances,” arguing that the “special circumstances” test should be abandoned because it prevents the court and counsel from obtaining unquestionably relevant and material information. Dolores persuaded the court to adopt a rebuttable presumption standard in favor of disclosure of a neutral forensic evaluator’s entire file in every case. This groundbreaking decision is the first Westchester County case, and the second in New York State, to so hold.

[Read in full]

Representation of Wife in Successfully Imputing Income to Husband For Purposes of Calculating Child Support & Maintenance

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Pendente Lite Support – Imputing Larger Income to Spouse Than  Claimed Salary

Our matrimonial lawyers represent clients on contested Pendente Lite applications. Where the husband dissolved his business and voluntarily stopped working and the wife earned $45,000 per year, Kristen Mackay Pennessi & Kathleen Donelli successfully argued that the Court should impute $150,000 of income to the husband in calculating pendente lite support obligations. Here, the husband had not been paying child support, spousal support or any of the household expenses. The Court ordered the husband to pay pendente lite support in the amount of $5,310 per month, and to make direct monthly payments of  the mortgage, HELOC, real estate taxes and homeowners insurance.

Representation of Wife in Successfully Arguing That Husband Pay Pendente Lite Child Support, Maintenance & Wife’s Counsel Fees

Kristen Mackay Pennessi

Kristen Mackay Pennessi

Matrimonial & Family Law – Pendente Lite Support – An Award of Pendente Lite Support & Counsel Fees

Pendente lite applications are an important part of the work of our matrimonial lawyers. Where the husband earned approximately $150,000 and the wife earned approximately $75,000, Kristen Mackay Pennessi argued that the husband pay pendente lite support. The Court ordered the husband to pay $988 per month in pendente lite maintenance and $3,293 per month in pendente lite child support. Kristen was also successful in arguing that the husband, as the monied spouse, be responsible for paying the wife’s counsel fees. The Court awarded the wife $10,000 in counsel fees.

Following a Divorce, Representation of Client in a Legal Name Change

Kristen Mackay Pennessi

Kristen Mackay Pennessi

Matrimonial & Family Law – Legal Name Change   

Our lawyers sometimes represent clients on other matters, like legal name change. Here, where the client wanted to legally change her name, Kristen Mackay Pennessi prepared and filed all the required forms and documents necessary to finalize the client’s request for a legal name change.

Representation of Wife in Successfully Imputing $100,000 in income to Husband in Calculating Pendente Lite Child Support

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family LawPendente Lite Child Support – Imputing Larger Income to Spouse than His Claimed Salary

Our matrimonial lawyers often represent clients on contested Pendente Lite applications. Where the husband claimed to earn only $10,000 per year working as the CEO in his family’s company, Kristen Mackay Pennessi & Kathleen Donelli successfully argued that the Court should impute $100,000 in income to the husband for purposes of calculating pendente lite child support.  Specifically, the Court held that, where the family business was paying for most of the husband’s expenses (he was residing at the marital residence in Scarsdale and his statement of net worth showed expenses of more than $10,000 a month), the husband’s account of his own finances was not credible. Thus, the Court found that imputing income in the amount of $100,000 per year for pendente lite child support purposes was reasonable and appropriate. 

Holding Husband in Contempt of Court for Violation of Pendente Lite Order on Payments to be made by Husband to or for the Benefit of Wife

Dolores Gebhardt

Dolores Gebhardt

Matrimonial & Family Law – Violation of Pendente Lite Order – Contempt Motion

During the pendency of a divorce action, the court often issues pendente lite orders directing the payment of the family’s living and other expenses so that the financial status quo can be maintained while the issues are litigated. Seeking compliance with such orders is an important part of the work of Matrimonial & Family Law lawyers. Here, after Dolores Gebhardt had obtained a court order for the benefit of her client, Dolores successfully obtained another order holding the husband in contempt of court and ordering the defendant jailed until he complies with the prior orders. The pendente lite order required the husband to pay temporary support to our client, the plaintiff wife, and for payments for a neutral forensic evaluator and camp for the parties’ child. A subsequent order required the defendant to pay counsel fees to McCarthy Fingar. A third order directed defendant to pay for a neutral forensic accountant to value defendant’s business. At a hearing on Dolores’ motion to hold the husband in contempt for willful violation of these orders, Dolores introduced evidence showing that the husband paid support to the wife not from his income but from an overdraft protection line on the parties’ joint bank account. The court gave him no credit for these payments because the wife was jointly responsible for the overdraft debt. The husband also claimed he could not afford to comply with the orders, even though the evidence showed that he was living a luxurious lifestyle at his father’s home and had the use of his father’s cars and country club. The husband testified that his business was about to fold, but presented no evidence to support this claim, although he testified that he was working on two new business ventures. He also testified that, except for the marital residence and the wife’s car, he had no assets in his own name.  With these facts, the court found that the husband’s failure to comply with the court’s order was willful, and sentenced defendant to jail for a period of three months for violating the court orders. The court also decided that jail time would be commuted if the husband makes a variety of payments, including a fine.

Representation of Mother in Successfully Opposing Father’s request for Unsupervised Child Visitation & Interim Custody of Children

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Unsupervised Child Visitation – Interim Custody of Children

Our matrimonial lawyers often deal with issues on child visitation and child custody. Here, Kristen Mackay Pennessi & Kathleen Donelli successfully argued that supervised visitation between the father and children should continue. After a hearing, the Court held that based on the credible testimony from the son’s therapist, the testimony from the children’s uncle, prior reports of Child Protective Services and the “rehearsed and forced” testimony of the Father and his witnesses,  supervised visitation between the Father and the children should continue. 

Representation of an Individual In Child Support Matter Regarding Mistaken Identity

Kristen Mackay Pennessi

Kristen Mackay Pennessi

Matrimonial & Family Law – Enforcement of Child Support – Wrongful Garnishment of Wages – Mistaken Identity

Enforcement of child support obligations in matrimonial actions is a common issue after a divorce decree is finalized. Where a payor has not paid child support, a Notice to Withhold Income for Child Support may be issued against the payor. However, where a Notice to Withhold Income for Child Support was wrongly issued against an out of state individual, Kristen Mackay Pennessi was able to successfully resolve the case by proving that the out of state individual had been mistakenly identified as someone else. After resolving the mistaken identity issue, Kristen was able to have the individual’s wages repaid (after they had wrongly been garnished pursuant to the Notice).

Representation of Father in Successfully Enforcing Stipulation allowing Father to Make Final decisions on Child’s Religious Upbringing

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Enforcement of Settlement – Decisions on Religious Upbringing of Children

Our Matrimonial & Family Law lawyers are often retained to enforce a client’s rights under a settlement agreement made by the client and his or her ex-spouse. Here, the parties had entered into a stipulation giving the father the final decision making authority on a child’s religious upbringing. Kristen Mackay Pennessi and Kathleen Donelli successfully argued in Family Court that the mother violated the stipulation when she refused to allow the child to attend Bar Mitzvah classes.

Representation of Mother in Successfully Opposing Father’s Petition For Downward Modification of Child Support

Kristen Mackay Pennessi

Kristen Mackay Pennessi

Matrimonial & Family Law – Downward Modification of Child Support

After divorce or support decrees are finalized, Matrimonial & Family Law lawyers sometimes make or defend against applications for a modification of child support. Kristen Mackay Pennessi successfully opposed the husband’s request for a downward modification of child support. In this case, although the husband was disabled and unable to continue to work as a firefighter, he was still collecting his full salary. Thus, there was no change of circumstances to warrant a reduction in the child support payments.

Representation of Wife in Successfully Arguing that Forgiveness of a Loan to Husband is Considered Income When Calculating Maintenance

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Post Judgment Maintenance Calculation – Forgiveness of Loan is Considered Income For Purposes of Calculating Maintenance

Our matrimonial lawyers often represent clients post-judgment for purposes of enforcing or modifying support obligations. Where the husband was required to pay the wife maintenance each year based on a calculation of his income, Kristen Mackay Pennessi & Kathleen Donelli successfully argued that where the husband received an unsecured loan from his employer in the amount of over $5 million, the portion of the loan forgiven each year was constitutes income to the husband for purposes of calculating his maintenance obligation.

Representation of Husband in Successfully Settling the Marital Portion of Husband’s Partnership Interest

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Spouse’s Share of Business Interest – Spouse’s Contribution to Business

The value and marital portion of a spouse’s business interest are often essential issues in a divorce action. Kristen Mackay Pennessi and Kathleen Donelli successfully argued that the wife was entitled to only 25% of her husband’s partnership interest, if and when he actually receives any monies for his partnership interest. In this case, it was proven that the wife had only negligible and indirect contributions to the husband’s business partnership.

Collaborative Divorce – Substantial Support for Wife

Dolores Gebhardt

Dolores Gebhardt

Collaborative DivorceMatrimonial & Family Law – Substantial Support for Wife

In reaching settlements in a Collaborative Divorce, it is important that both sides agree on sensible financial terms. Here, Dolores Gebhardt‘s client was a homemaker and mother; and the husband was a business development executive. As part of the settlement, Dolores’ client received substantial maintenance for 9.5 years and full ownership of the house, and the husband will continue to pay mortgage and taxes until December, 2020.

Representation of Husband in Successfully Opposing Wife’s Claim For Spousal Support Because She Was Allegedly Unable To Work

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Spouse’s Ability to Earn Income – Psychiatric Examination Ordered

A spouse’s ability to find and maintain employment is an important issue in divorce actions. Where the wife claimed that she was entitled to spousal support because she allegedly had a mental condition and was unable to work, Kristen Mackay Pennessi and Kathleen Donelli successfully argued that the wife should be ordered to submit to a mental examination to determine whether she was able to work. Ultimately, no mental condition was found and the wife did not receive spousal support.

Representation of Husband In Successfully Opposing Wife’s Egregious Fault Claim

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Egregious Fault Claim –  Permissible Topics for Deposition

Generally, during a deposition in a Matrimonial matter, questions are limited to the finances of the parties. However, Kristen Mackay Pennessi and Kathleen Donelli successfully argued that questions pertaining to alleged abuse were appropriate at the wife’s deposition where egregious fault was at issue.

Collaborative Divorce – Interdisciplinary Team

Dolores Gebhardt

Dolores Gebhardt

Collaborative DivorceMatrimonial & Family Law – Interdisciplinary Team

An important objective of Collaborative Divorce lawyers is to find solutions that satisfy both sides as they seek a divorce on amicable terms. Here, Dolores Gebhardt‘s client was a homemaker and mother; the husband was an investment banker. The full-team collaborative method involved retention of a neutral financial professional and a divorce coach. The matter settled in which Dolores’ client received $1.2 million in equitable distribution.

Representation of Mother In Favorable Child Support Settlement

Kristen Mackay Pennessi

Kristen Mackay Pennessi

Matrimonial & Family Law  – Child Support – Under Reporting of Income

An essential part of the work of our Matrimonial & Family Law lawyers is to verify the accuracy of information provided by a spouse and his or her lawyer. Kristen Mackay Pennessi successfully settled a child support issue where the husband had under represented his annual income to the Court by more than $100,000. Through subpoenaed documents from the husband’s employer and bank, Kristen was able to establish the husband’s true income and settle child support at the higher amount.

Representation of Parents in Successfully Opposing a Grandparent Visitation Petition

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Grandparent Visitation Petition

Matrimonial & Family Law litigation sometimes involves applications for visitation or other relief by grandparents of a minor child. Kristen L. Pennessi and Kathleen Donelli successfully opposed a petition for grandparent visitation where both parents were fit and loving parents and the grandparents had little to no contact with the child.

Representation of Husband In Successfully Opposing Wife’s Order To Show Cause Seeking Pendente Lite Relief

Kathleen Donelli, Kristen Mackay Pennessi

Kathleen Donelli Kristen Mackay Pennessi

Matrimonial & Family Law – Opposing Pendente Lite Relief

Pendente Lite applications – seeking financial support from the other spouse during the divorce action – is an important tool for Matrimonial & Family Law lawyers. Kristen Mackay Pennessi and Kathleen Donelli successfully opposed the wife’s Order To Show Cause for pendente lite relief.  The wife was awarded zero in pendente lite support and zero in legal fees.

Pickens v. Castro, 55 A.D.3d 443 (1st Dep’t 2008)

Dolores Gebhardt

Dolores Gebhardt

Matrimonial & Family Law – Appellate Practice – Award of Counsel Fees to Client Upheld; Adversary Filed Frivolous Motion – Appointment of Receiver to Sell Marital Residence Upheld

 

Legal fees in matrimonial cases are often an important economic issue for both sides. Pickens is a complex case in which, among other things, defendant husband appealed Order Appointing Receiver of marital residence on the ground that the Order empowered the receiver to encumber the property. Defendant husband also appealed the trial court’s award of counsel fees and costs to Dolores Gebhardt‘s client as a sanction for the defendant making a frivolous motion. Dolores, representing the wife, successfully persuaded the Appellate Division, Second Department, to uphold the lower court determination on appeal.

 

[Read in full]

Herlitz-Ferguson v. Herlitz-Ferguson, 48 A.D.3d 418, 851 N.Y.S.2d 272 (2d Dep’t 2008)

Dolores Gebhardt

Dolores Gebhardt

Matrimonial & Family LawAppellate PracticeDecision Relieving Client of Payments for Additional Child Support & Private School

Child support obligations are often a contested issue in divorce actions and the work of our matrimonial lawyers. Here, the parties had a separation agreement that required Dolores Gebhardt‘s client to pay 31% of his income toward his child support obligations upon finding employment; and obligated the plaintiff wife to be solely responsible for paying for the children’s extracurricular, health insurance and medical expenses. However, the lower court ruled against Dolores Gebhardt‘s client. The Appellate Division, Second Department, reversed the lower court ruling, finding that the trial court had erred in directing Dolores’ client to pay 48% of statutory add-ons and to contribute 30% of private school tuition and costs for the parties’ two daughters.

[Read in full]

Molloy v. Molloy, 33 A.D.3d 892, 823 N.Y.S.2d 209 (2d Dep’t 2006).

Dolores Gebhardt

Dolores Gebhardt

Matrimonial & Family LawAppellate PracticeDivorce on Ground of Abandonment Denied

McCarthy Fingar’s lawyers are leaders in the legal community, and our Matrimonial & Family Law lawyers have been strong proponents of no-fault divorce. In fact, Judge Sondra M. Miller was an influential voice in the passage, in 2010, of the new no-fault divorce law. In Molloy, Dolores Gebhardt’s client was denied a divorce on the ground of abandonment. The decision became the basis for Dolores Gebhardt’s article on the law of abandonment entitled, “Justice Abandoned: Forty Years of Stalemate in Actions for Divorce on the Ground of Abandonment” 27 Pace Law Review 605 (2007).

[Read in full]

Amari v. Molloy, NYLJ 8/8/00, p. 23, col. 5 (Kings County Sup. Ct. 2000), aff’d, 293 A.D.2d 431 (2d Dep’t 2002)

Kathleen Donelli

Kathleen Donelli

Matrimonial & Family LawAppellate PracticeChild Custody

Sometimes, child custody issues cannot be resolved by the parties without a trial. In this case, Kathleen Donelli persuaded the trial court and appellate court to award child custody to her client.

Amari v. Molloy, 180 Misc. 2d 664 (Kings County Sup. Ct. 1999)

Kathleen Donelli

Kathleen Donelli

Matrimonial & Family Law – Child Custody – Bifurcation of Custody and Divorce Action

Matrimonial cases are often won or lost based upon a trial lawyer’s success or failure on procedural issues. In Amari, Kathleen Donelli persuaded the trial court to bifurcate the issues of divorce and child custody.

Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996)

Kathleen Donelli

Kathleen Donelli

Matrimonial & Family LawAppellate PracticeChild Relocation

Custody of minor children is sometimes an issue that continues after the parents obtain their divorce and have reached agreement on visitation issues. Sometimes, the custodial parent seeks to change his or her location, and the noncustodial parent cries foul and seeks to prevent or oppose that relocation. In Tropea, Kathleen Donelli prevailed in a child relocation case in New York’s highest court, the New York State Court of Appeals. Tropea established the prevailing law in New York on relocation.

[Read in full]

Frayne v. Frayne, 234 A.D.2d 545 (2d Dep’t 1996)

Kathleen Donelli

Kathleen Donelli

Matrimonial & Family Law – Appellate Practice – Child Relocation

One of the most satisfying things our Matrimonial & Family Law lawyers do is to get a favorable outcome for a client on a child custody issue. Kathleen Donelli won the landmark New York State Court of Appeals decision on child relocation in Tropea v. Tropea, and has frequently lectured on child relocation issues. In a child relocation case, Kathleen successfully persuaded the Appellate Division, Second Deparment, to permit her client, the custodial parent, to relocate.

[Read in full]
Presenter Description Organization Date
Dolores Gebhardt
Dolores Gebhardt
Hon. Sondra M. Miller
Hon. Sondra M. Miller

Mandatory Parent Education in Custody Cases: The Pilot Program

Family Law Section of the Westchester County Bar Association

02/27/2020
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

“Ethics” and “Diversity Training”

Yonkers Lawyers Association

02/25/2020
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

Judicial Ethics Update – 2020

New York State Association of Towns

02/17/2020
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

Judicial Ethics

NYS Judicial InstituteUnified Court System Certification Program for Newly-elected Town and Village Justices.

01/07/2020
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

Assuming the Bench – Judicial Ethics

Unified Court System Certification Program for Newly-elected Town and Village Justices

12/06/2019
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

How Judicial Ethics Issues impact your Law Practice

Pace Law School (Elisabeth Haub School of Law)

11/26/2019
Dolores Gebhardt
Dolores Gebhardt

What’s It Worth to You?: The Valuation of a Business in Corporate and Divorce Settings

Westchester Women’s Bar Association

11/04/2019
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

Judicial Ethics

NYS Association of Supreme Court Justices

09/18/2019
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

Judicial Ethics Update – 2019

NYS Magistrates’ Association

09/17/2019
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

Dinner Speaker

Association of Supreme Court Justices of the City of New York

09/11/2019
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

2019 Judicial Campaign Ethics Online Training Video

NYS Judicial Institute

05/29/2019
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

Judicial Ethics

New York State Unified Court System

04/13/2018
Hon. Edward P. Borrelli
Hon. Edward P. Borrelli

“Judicial Ethics Updates” “Ethics: Civic Participation Limitations”

New York State Judicial Institute

02/19/2018
Dolores Gebhardt
Dolores Gebhardt

The New Maintenance Guidelines

Manhattan, ADFP (Association of Divorce Financial Planners)

03/28/2016
Kathleen Donelli
Kathleen Donelli

Post Judgment Relief and Uncontested Divorces

New York State Judicial Institute, White Plains, NY

01/08/2016
Kathleen Donelli
Kathleen Donelli

Hot Topics in Equitable Distribution

New York State Judicial Institute, White Plains, New York

03/25/2015
Kathleen Donelli
Kathleen Donelli

Applications for Temorary and Final Relief in Matrimonial Actions: Maintenance, Equitable Distribution, Child Support and Counsel Fees

White Plains, New York. New York State Judicial Institute

01/07/2015
Kathleen Donelli
Kathleen Donelli

Anatomy of a Disciplinary Hearing

Greenburgh, New York. Committee on Attorney Professionalism of the New York State Bar Association.

12/05/2014
Dolores Gebhardt
Dolores Gebhardt

Fundamental Appellate Practice

Manhattan, New York County Lawyers Association

11/06/2014
Kathleen Donelli
Kathleen Donelli

Money Matters: How the Psychology of Money Impacts our Practice of Law.

Westchester Women’s Bar Association

01/08/2014
Dolores Gebhardt
Dolores Gebhardt

Motion Practice in Appeals

New York State Bar Association‘s Committee on Courts of Appellate Jurisdiction

11/14/2013
Dolores Gebhardt
Dolores Gebhardt

Marital Agreements & the Introduction to the Child Support Standards Act (CSSA)

Family Law Section of the New York State Bar Association

10/17/2013
Hon. Sondra M. Miller
Hon. Sondra M. Miller

Essential Family Law/Matrimonial Law: Fundamentals

Pace Law School

04/15/2013
Kathleen Donelli
Kathleen Donelli

Motion Practice in Matrimonial Actions

Pace University School of Law, White Plains, NY

04/08/2013
Kathleen Donelli
Kathleen Donelli

Ethics and Professionalism

Pace University School of Law, White Plains, New York

03/16/2013
Kathleen Donelli
Kathleen Donelli

No Fault Divorce and Maintenance Issues

New York State Judicial Institute

03/13/2013
Dolores Gebhardt
Dolores Gebhardt

Marital Agreements & Child Support Standards Act

Family Law Section of the New York State Bar Association

10/15/2012
Dolores Gebhardt
Dolores Gebhardt

Basic Matrimonial Law, as Part of a One-Week Program for the Summer Justice Academy for Young Women

Co-Sponsored by New York Chapter of National Association of Women Judges and Pace Law School

07/17/2012
Dolores Gebhardt
Dolores Gebhardt

ABC’s of Matrimonial Law

Pace University School of Law, Westchester Women’s Bar Association, Pace Women’s Justice CenterNinth Judicial District Committee to Promote Gender Fairness in the Courts

06/21/2012
Dolores Gebhardt
Dolores Gebhardt

Collaborative Law: A Better Approach To Resolving Matrimonial Disputes

New York County Lawyers’ Association, Manhattan

02/15/2012
Kathleen Donelli
Kathleen Donelli

Ethics & Professionalism Update 2012

Pace University School of Law, White Plains, New York

02/05/2012
Kathleen Donelli
Kathleen Donelli

Impact of Current Economy on Matrimonial Cases: House Sales, Foreclosures & Bankruptcies

Westchester Women’s Bar Association, White Plains, New York

01/10/2012
Kathleen Donelli
Kathleen Donelli

Avoiding Ethical Dilemmas in Day-to-Day Practice

Committee on Attorney Professionalism of the New York State Bar Association

11/30/2011
Dolores Gebhardt
Dolores Gebhardt

Basic Matrimonial Law, as Part of a One-Week Program for the Summer Justice Academy for Young Women

Co-Sponsored by New York Chapter of National Association of Women Judges and Pace Law School

07/12/2011
Dolores Gebhardt
Dolores Gebhardt

Departing Comments, Completion of Term as President of Westchester Women’s Bar Association

Mamaroneck, New York, Westchester Women’s Bar Association

06/15/2011
Kathleen Donelli
Kathleen Donelli
Dolores Gebhardt
Dolores Gebhardt

“New Matrimonial Laws”

Women’s Bar Association of the State of New York, Manchester, Vermont

05/21/2011
Kathleen Donelli
Kathleen Donelli

“New Matrimonial Legislation”

New York State Judicial Institute at Pace, White Plains, New York

03/23/2011
Kathleen Donelli
Kathleen Donelli

“Ethics and Professionalism Update 2011”

Pace University School of Law, White Plains, New York

02/06/2011
Hon. Sondra M. Miller
Hon. Sondra M. Miller

“Who Owns Your DNA: Property, Privacy and the Cancer Battle”

Judges and Lawyers Breast Cancer Alert, Memorial Sloan-Kettering Cancer Center, Manhattan

11/10/2010
Kathleen Donelli
Kathleen Donelli
Dolores Gebhardt
Dolores Gebhardt
Hon. Sondra M. Miller
Hon. Sondra M. Miller

New Divorce Legislation: No Fault Divorce, Maintenance Guidelines, Counsel & Expert Fees, Modification of Child Support & Orders of Protection

Westchester Women’s Bar Association, White Plains, New York

10/14/2010
Kathleen Donelli
Kathleen Donelli

“Matrimonial Law”

White Plains, New York, New Directions Program at Pace University School of Law.

04/12/2010
Kathleen Donelli
Kathleen Donelli

“Roadmap to Matrimonial Litigation”

Office of Court Administration at the New York State Judicial Institute at Pace, White Plains, New York

03/25/2010
Kathleen Donelli
Kathleen Donelli

“Collaborative Law”

Manhattan, Office of Court Administration

03/16/2010
Kathleen Donelli
Kathleen Donelli

“Ethics and Professionalism Update 2010”

White Plains, New York, Pace University School of Law

02/06/2010
Kathleen Donelli
Kathleen Donelli

“Matrimonial Law Update”

White Plains, New York, New York State Judicial Institute at Pace

01/12/2010
Kathleen Donelli
Kathleen Donelli

“Ethics and Professionalism”

Tarrytown, New York, Committee on Attorney Professionalism of the New York State Bar Association

12/05/2008
Kathleen Donelli
Kathleen Donelli

“Protecting Assets Before a Divorce”

New York, New York, Planned Giving and Endowments Department of UJA Federation of NY

01/03/2008
Hon. Sondra M. Miller
Hon. Sondra M. Miller

Keynote Speaker

New York, New York, The Family & Divorce Mediation Council of Greater New York

11/08/2007

Expert Witnesses in Matrimonial Cases: Direct & Cross-Examination

Westchester Women’s Bar Association, White Plains, New York

10/23/2007
Dolores Gebhardt
Dolores Gebhardt
Hon. Sondra M. Miller
Hon. Sondra M. Miller

“The Need for No-Fault Divorce”

Association of the Bar of the City of New York, Manhattan

10/11/2007
Kathleen Donelli
Kathleen Donelli

“How to Handle a Custody Case”

Holiday Inn, Mount Kisco, New York, Family Law Section of the New York State Bar Association

04/17/2007
Kathleen Donelli
Kathleen Donelli

“Ethics and Professionalism”

Pace University School of Law

02/03/2007
Kathleen Donelli
Kathleen Donelli

“Ethics and Professionalism”

Tarrytown, New York, Committee on Attorney Professionalism of the New York State Bar Association

11/17/2006
Kathleen Donelli
Kathleen Donelli

“Collaborative Law” as part of the Annual Law Guardian Training Program

White Plains, New York, Pace University School of Law

10/21/2006
Kathleen Donelli
Kathleen Donelli

“Equitable Distribution in Matrimonial Actions”.

Armonk, New York (law firm of Boies Schiller & Flexner LLP); program sponsored by the Northern Westchester Shelter and the Westchester Women’s Bar Association

10/03/2006
Kathleen Donelli
Kathleen Donelli

“Women & the Art of Negotiation: Practice Points for Success”

Pace University School of Law, sponsored by Westchester Women’s Bar Association and Pace, White Plains, New York

09/27/2006
Howell Bramson
Howell Bramson
Kathleen Donelli
Kathleen Donelli

“Tax Issues Related to Divorce”

The Bank of New York, White Plains, New York

05/09/2006
Kathleen Donelli
Kathleen Donelli

Ethical Issues in Matrimonial Cases

Family Law Section of the New York State Bar Association.

04/28/2006
Kathleen Donelli
Kathleen Donelli

“Introduction and Overview to Collaborative Law”

St. John’s University School of Law

03/06/2006
Kathleen Donelli
Kathleen Donelli

“Initial Contact with Matrimonial Clients”

Pace University School of Law

02/08/2006
Kathleen Donelli
Kathleen Donelli

“Ethics and Professionalism”

Pace University School of Law

02/04/2006
Kathleen Donelli
Kathleen Donelli

“Professional Ethics”

Committee on Attorney Professionalism of the New York State Bar Association.

12/09/2005
Frank W. Streng
Frank W. Streng

“Separation & Matrimonial Agreements & Implication in Estate Litigation”

White Plains, New York. Westchester County Bar Association (Trusts & Estates Section)

04/18/2005
Kathleen Donelli
Kathleen Donelli

Ethics and Professionalism

Pace University School of Law

02/05/2005
Kathleen Donelli
Kathleen Donelli

“Divorce Law in New York State”

Pace University School of Law‘s Women’s Justice Center

07/27/2004
Kathleen Donelli
Kathleen Donelli

Equitable Distribution

program offered by the Westchester Women’s Bar Association, in partnership with the Northern Westchester Shelter and Victims Assistance Services.

03/18/2004
Kathleen Donelli
Kathleen Donelli

Equitable Distribution

program offered by the Westchester Women’s Bar Association, in partnership with the Northern Westchester Shelter and Victims Assistance Services.

03/14/2004
Kathleen Donelli
Kathleen Donelli

Letters Of Engagement and Fee Dispute Arbitration

Pace University School of Law

02/07/2004
Kathleen Donelli
Kathleen Donelli

“Pendente Lite Motions: Temporary Support and Relief Pending a Divorce Judgment”

Pace University School of Law‘s Women’s Justice Center

06/12/2003
Kathleen Donelli
Kathleen Donelli

Letters Of Engagement and Fee Dispute Arbitration

Pace University School of Law, White Plains, NY

02/01/2003
Kathleen Donelli
Kathleen Donelli

“Letters of Engagement”

White Plains Bar Association

11/19/2002
Kathleen Donelli
Kathleen Donelli

“Letters of Engagement and Fee Dispute Arbitration”

Westchester Women’s Bar Association

11/13/2002
Kathleen Donelli
Kathleen Donelli

Children’s Records Law in New York: Access to Mental Health Records.

Lorman Education Services

06/05/2002
Kathleen Donelli
Kathleen Donelli

Child Support and Maintenance

Pace University School of Law‘s Justice Center

05/28/2002
Kathleen Donelli
Kathleen Donelli

“Taking and Defending Depositions”

Westchester Women’s Bar Association

04/24/2002
Kathleen Donelli
Kathleen Donelli

Ethics and Professionalism

Pace University School of Law‘s Continuing Legal Education program

02/02/2002
Kathleen Donelli
Kathleen Donelli

Access to Children’s Medical Records

Lorman Education Services

06/19/2001