Lansner Kubitschek Schaffer & Zuccardy

Defendant Doc Goes South

Thu, 04 Mar 2010 14:43:54 -0500

Dr. Deborah Esernio-Jenssen, the head of the Child Protective team at LIJ's Schneider Children's Hospital, has resigned her position. She is leaving the hospital – and New York – to take a position in Gainesville, Florida. Dr. Esernio-Jenssen is a defendant in three federal lawsuits in New York charging that she misdiagnoses child abuse, accuses parents incorrectly, and causes ACS and other child protective services agencies to remove children unnecessarily. One ACS supervisor testified in the federal lawsuit that she would not bring her own child to Schneider Children’s Hospital for fear of being wrongfully accused of child abuse. New York Family Court judges have begun rejecting her diagnoses and finding her to be unreliable. . The plaintiffs in the federal lawsuits are being represented by Lansner Kubitschek Schaffer & Zuccardy.

Carolyn Kubitschek Speaks at Oberlin College Career Conference

Thu, 04 Mar 2010 13:38:26 -0500

Carolyn will be speaking at an Alumni-Led Career Workshop at Oberlin College on March 5, on

"So You Want to be a Lawyer."

Carolyn will speak about attending law school and what it means to be a lawyer in the venues in which one can use training in the law: non-profit legal advocacy groups, such as the ACLU and legal services for the poor; law firms; federal, state, and local government, and as law professors, to name but a few.

Carolyn Kubitschek Photo in the New York Law Journal

Mon, 01 Mar 2010 12:41:58 -0500

The New York Law Journal for March 1, 2010, featured a photograph of Carolyn with Chief Judge Raymond Dearie of the United States Eastern District of New York at a reception for pro bono attorneys.

David Lansner Gives Presentation at State Bar Annual Meeting

Mon, 22 Feb 2010 16:22:15 -0500

David Lansner spoke about Civil Rights claims and Administrative Proceedings for victims of the Child Welfare System a the 2010 Annual Meeting of the New York State Bar Association, on January 27, 2010, at the Hilton New York. The program, "Beyond the Family Court: Appeals and Collateral Review," including David’s discussing of 1983 damage actions for cases of illegal removals by child protective workers and for children who were abused in foster care.

Jill Zuccardy Prevents Teenager from having to visit DV Perpetrator

Mon, 22 Feb 2010 12:49:05 -0500

In a case handled by LKSZ pro bono through Sanctuary for Families, Jill Zuccardy defeated an appeal by a domestic violence perpetrator. The Second Department confirmed that a teenage girl should not be forced to visit with her parent where " The evidence established that the child's fear of the father was valid, as it was based upon the father's abusive and criminal behavior. The father had committed family offenses, emotionally and sexually abused the mother, abducted the child's older siblings, and intentionally exposed the child to graphic, sexually-explicit materials. The order precluding all contact was consistent with the child's wishes, the testimony and report of the court-appointed forensic psychologist, and the father's denial of responsibility for the emotional and psychological injury his behavior had caused."

Matter of Samuel S. v. Dayawathie R.

63 A.D.3d 746, 880 N.Y.S.2d 685 (2d Dept. 2009)

Barbara Schaffer Wins Million Dollar Verdict for DV Victim

Wed, 13 Jan 2010 15:56:53 -0500

In a recent matrimonial action, the firm secured a personal injury judgment of $1 million for the wife who was a victim of domestic violence. In M.E. v. C.N., partner Barbara Schaffer successfully argued not only that our client should be divorced on grounds of cruelty and obtain 100 percent distribution of the marital residence due to her husband's serious domestic violence against her, but that she should also receive compensatory and punitive damages. The Court agreed and awarded her the residence and $18,150 in lost wages; $400,000 in pain and suffering; and, $500,000 in punitive damages.

Jill Zuccardy Leads off Appellate Division Training Program

Mon, 19 Oct 2009 22:09:24 -0400

LKSZ Partner Jill Zuccardy is the opening speaker for the three-day training program presented by the Supreme Court of the State of New York, Appellate Division, First Department, on "Introduction to Family Court Practice." Jill will be speaking on "Initial Intervention by the Government in a Child Protective Case," outling the methods by which the NYC Administration for Children's Services first gets involved in a case of suspected child abuse or neglect, and what actions ACS takes, including investigations and removals of children, and the filing of abuse and neglect petitions in the Family Court. The course is designed to present a full introduction to the various types of proceedings involving children in the Family Court.

LKSZ Attorney Gets Rave Reviews for Training Program

Fri, 09 Oct 2009 15:24:00 -0400

Jill Zuccardy co-facilitated the training "Jurisdictional Disputes in Custody Cases" on October 6, with attorney Anna Marie Diamanti. The training, sponsored by Legal Services for New York, focused on the Hague Convention and the Uniform Child Custody Jurisdiction Act and received rave reviews.

"Excellent presentation; useful case summary"

"Very good training!"

"Excellent presenters!!"

"One of the most helpful trainings I have attended in quite some time. I learned a lot."

"Excellent overall. I have no complaints and can only praise the presenters and their presentations"

Carolyn Kubitschek To Argue Important Child Welfare Civil Rights Cases

Mon, 05 Oct 2009 14:07:00 -0400

On Wednesday, October 7, 2009, the United States Court of Appeals for the Second Circuit will hear argument on four very important civil rights cases involving child welfare. All of them involve the overriding claim by ACS that it should have unfettered discretion to remove children and prosecute parents and never be held accountable in federal court. Carolyn Kubitschek will argue for all four plaintiffs and their children. Other issues include:

Whether a parent can seek redress in the federal court for wrongful removals by ACS of children from their families
Whether ACS caseworkers and attorneys have absolute immunity, even if they prosecute of innocent parents for neglect and abuse
The rights of Kinship Foster Parents and Children
ACS reliance on Dr. Deborah Esernio-Jenssen of Long Island Jewish Hospital in accusing parents of Shaken Baby Syndrome.

The argument will be at the new federal courthouse at 500 Pearl Street, New York, New York (Worth Street between Centre Street and the Bowery), 9th Floor Ceremonial Courtroom, 10:00 am.

LKSZ Partners Named "Super Lawyers"

Mon, 05 Oct 2009 13:58:00 -0400

LKSZ partners Carolyn Kubitschek and David Lansner were named Super Lawyers in Family Law by the 2009 Edition of Super Lawyers. It was the third consecutive honor for Carolyn and the first for David.