Obergefell v. Hodges: Raising Issues of Judicial Civility


In the wake of Obergefell v. Hodges[i], the landmark decision rendered by the Supreme Court pertaining to how marriage is defined within our country, we must examine the need for judicial civility raised following the decision, particularly the dissent of Justice Antonin Scalia. Justice Scalia’s dissent runs afoul of the rules of civility and professional responsibility which have been adopted in the State of New York, setting a dangerous precedent for Justices of the Supreme Court. Without question, the issue of same-sex marriage has divided our nation and debate regarding marriage equality will continue for many years. Nevertheless, it is vital that those within the judiciary adhere to the standards of civility and conduct and that any decisions rendered from the bench not only rely upon the rule of law, but also respect both individual litigants and society at large with whom they may disagree. Continue reading


Protecting Confidential HIV Related Medical Records in the Discovery Process

The United States Center for Disease Control estimates that over 1.2 million people in the United States are living with HIV infection and HIV/AIDS has resulted in the death of approximately 658,507 Americans.[i] As counsel to those who are infected or affected by HIV/AIDS, attorneys must protect the confidentiality of HIV-related medical records in litigation where disclosure is sought.

A wide scope of discovery is permitted under CPLR § 3101 which instructs that, “There shall be full disclosure of all matters material and necessary in the prosecution of defense of an action, regardless of the burden of proof.” Continue reading

Bashian & Farber Support LGBT Community

On June 6, 2015, the LOFT LGBT Community Center of Lower Hudson Valley held its annual Pride celebration in White Plains at the Memorial United Methodist Church which was attended by hundreds of participants. Bashian & Farber was proud to support this event by hosting a booth to provide those in attendance with information regarding a broad range of legal issues including those specifically pertaining to the LGBT Community, including changes in the law pertaining to marriage and protections against discrimination.

James Hyer, who is a partner at Bashian & Farber, is also on the Board of Directors of the LOFT and noted, “This yearly event is always such a great opportunity to come together to support LGBT Rights and I’m delighted that Bashian & Farber once again was able to support this event.”

Bashian & Farber is one of a handful of Law Firms practicing in the Hudson Valley which has dedicated a portion of its practice to serving the LGBT community by maintaining a firm base of knowledge of the specific laws and developments and case decisions which affect the LGBT community as it evolves.

The Westchester Human Rights Commission: A Convenient Forum

By: James L. Hyer, Esq.


For attorneys representing clients with claims of discrimination in housing, employment, public accommodations and credit the Westchester Human Rights Commission, (“Commission”), offers a convenient venue operating under straightforward rules and regulations.[i] This article addresses the key points of the procedures pertaining to the filings, investigations, and hearings within the Commission with respect to non-housing discrimination matters which are governed by separate county statute and rules as primer for attorneys.

Continue reading