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Appellate Division - Second Department
Justices of the Court
Associate Justice Mark C. Dillon
Judicial Offices

Associate Justice of the Appellate Division of the Supreme Court, Second Judicial Department. Appointed by Gov. Pataki on August 25, 2005. Appointment expires December 31, 2013.

Justice of the Supreme Court, Ninth Judicial District. Elected November 2, 1999. Term in office expires December 31, 2013

Judge of the Westchester County Court. Appointed by Gov. Pataki on May 9, 1997 and confirmed unanimously by the New York State Senate on May 28, 1997. Served from June 4, 1997-December 31, 1997.

Town Justice, Town of Yorktown. Served from January 1, 1988-June 4, 1997.

Other
Professional Experience

Adjunct Professor, New York Practice, Fordham School of Law, Spring 2008 - present. Voted Adjunct Professor of the Year by the student body, 2010.

Faculty Member, Alternative Dispute Resolution Center at the Catholic University of Ghana, Suniyani, Ghana, West Africa, 2011 - present.

Partner, Dillon & Sarcone, L.l.p., White Plains, New York. January 1, 1998-December 31, 1999.

Trial Attorney, Cerussi & Spring, White Plains, New York. January 1, 1988- June 4, 1997.

Assistant District Attorney of Westchester County. March 1985-December 31, 1987

Admission
to the Bar

New York State, Connecticut, Massachusetts and the District of Columbia

United States District Courts for the Southern, Eastern and Western Districts of New York, the District of Connecticut and the District of Massachusetts

United States Courts of Appeals for the First and Second Circuits

United States Tax Court

United States Claims Court

United States Supreme Court

Education

Colgate University, Hamilton, New York (B.A., 1981)

Fordham Law School, New York, New York (J.D., 1984)

University of Salzburg, Salzburg, Austria (DIPL. INT’L. LAW, 1985)

New York University, New York, New York (M.A., 1990)

Publications &
Leading Cases

"The Extent to Which 'Yellowstone Injunctions' Apply in Favor of Residential Tenants: Who Will See Red, Who May Earn Green, and Who May Feel Blue?"  9 Cardozo Pub. Law, Policy & Ethics J. 287 (Spring 2011).

"An Overview of Tolls of Statutes of Limitations on Account of War: Are They Current and Relevant in the Post-September 11 ERA?" 13 N.Y.U.J Legis. & Pub. Pol'y 315 (Spring 2010).

"The Newly-Enacted CPLR 3408 for Easing the Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect," 30 Pace L. Rev. 855 (Spring 2010).

"The Extrapolation of Defendants' Liabilities Under CPLR Article 16 Where the Plaintiff Is Contributorily Negligent: An Update Toward Resolving a Perceived Amibiguity of CPLR 1601," 73 Albany Law Review 79 (December 2009)

"The Legalities of Leap Day," New York Law Journal, February 29, 2008, p. 4, col. 3.

"No More Specific Ad Damnums," NYLJ, October 22, 2007, p. 4 (explanation and insight on amendment to Court of Claims Act Section 11[b] changing ad damnum pleading requirements).

“The CPLR’s Most Dangerous Discovery Statute,” New York Law Journal, March 28, 2003, p. 4, col. 4 (Vol. 229). Article summarizing the procedures and pitfalls of Notices to Admit under CPLR 3123.

“Requiring Witnesses to Answer at Deposition,” New York Law Journal, October 22, 2001, p. 1, col. 1 (vol. 226, No. 78). Article regarding the five limited categories of circumstances when deposition witnesses may validly refuse to answer deposition questions.

“Obtaining Out-Of-State Witnesses and Documents for Discovery And Trial,” 28 Westchester Bar Journal (Spring 2001). Article regarding the Commission procedure available under CPLR Rule 3108 for obtaining out-of-state material or witnesses over whom a New York Court has no power of subpoena.

“Judge’s Corner,” 24 Westchester Bar Association Newsletter, p. 2 (October 2000). Article regarding verdict values in Rockland County.

“Serious Injury Test Does Not Travel Well,” New York Law Journal, October 16 2000, p. 1, col. 1 (Vo.l. 224, No. 73). Article regarding the implications of the non-extraterritorial effect of the New York No Fault “serious injury” threshold codified by Insurance Law Sections 5102 and 5104, and the law that must be applied in lieu of the threshold when automobile accidents between New York parties occurs out-of-state.

“Five Tips for the Civil Practitioner in Handling Choice of Law Issues,” 22 Westchester Bar Journal, Winter, 1995, p. 15. Advices for the civil bar in identifying, pleading and litigating choice-of-law issues.

“CPL Section 180.80 Should be Amended to Accommodate Town, Village Courts,” New York Law Journal, September 30, 1988, p.1.

“The Forgotten Checks and Balances,” 14 Westchester Bar Journal, Spring, 1987, p. 225.

“The Case for Reversing the ‘Rogers Rule’ on the Right to Counsel,” 58 New York State Bar Journal, July, 1986, p. 36.

“Felony Murder Rule Holds Criminals Responsible for Crimes,” The New York Times, September 7, 1985, p. 22

Researched and drafted three chapters to the Art of Advocacy: Settlement, a civil law book by Henry G. Miller, Esq. (Matthew Bender, 1983). The three chapters deal with indemnity and contribution rights against released civil tortfeasors; the periodic payment of civil judgments; and “Mary Carter” agreements.

Professional &
Civic Activities

TEACHER, CLE on "Attorney Disciplinary Proceedings," NYS Bar Association, New York, New York, Jan. 22, 2013

TEACHER, CLE on "Appellate Practice," Westchester Black Bar Association, White Plains, New York, Jan. 16, 2013

TEACHER, Seminar to all NYS court attorney referees, "Decision Writing," NYS Judicial Institute, White Plains, New York, Nov. 28, 2012

TEACHER, CLE on "Recent Developments in 2nd Dept. Case Law," Yonkers Bar Association, Yonkers, New York, Oct. 23, 2012

TEACHER, CLE on "Appellate Practice: A View From Both Sides of the Bench," Rockland Bar Association, Nanuet, New York, Oct. 16, 2012

TEACHER, Seminar to all NYS trial judges on "Making an Effective Record," NYS JUdicial Institute, White Plains, New York, June 28, 2012

TEACHER, Seminar to all NYS trial judges on "Decision Writing," NYS Judicial Institute, White Plains, New York, June 28, 2012

TEACHER, CLE on "Strategies and Developments in Appellate Practice," New Rochelle Bar Association, New Rochelle, New York, May 15, 2012

TEACHER, Seminar on "Residential Mortgage Foreclosure Statutes and Case Law," taught to fellow justices of the Appellate Divisions, First and Second Departments, in Brooklyn, New York, April 25, 2012

TEACHER, CLE on "Recent Developments in 2nd Dept. Case Law," Dutchess County Bar Association, Poughkeepsie, New York, April 19, 2012

TEACHER, Seminar on "Decisions" to all NYS trial judges, NYS Judicial Institute, White Plains, New York, Jan. 4, 2012

TEACHER, Seminar on "Law of Contempt" taught to all NYS trial judges, NYS JUdicial Institute, White Plains, New York, Dec. 19, 2011

TEACHER, CLE to Law Dept. of the Appellate Division, 2nd Dept., on "Statutory and Case Law Developments in NYS Mortgage Foreclosure Law," Brooklyn, New York, May 11, 2011

TEACHER, webcast Seminar to NYS Court Attorneys, "Assigned Counsel and the Attorney Affirmation Requirement for Residential Mortgage Foreclosures," NYS Judicial Institute, White Plains, New York, Sept. 27, 2010

MEMBER, NYS Committee on Opinions, representing the Second Department on contested publication determinations of the Miscellaneous Reports (22 NYCRR 7300.4). 2009 - present.

TEACHER, Webcast seminar to all New York trial judges, "Mortgage Foreclosure Settlement Conferences under CPLR 3409," sponsored by the NYS Judicial Institute, White Plains, New York, July 23, 2010.

TEACHER, CLE, Appellate Practice, New York State Bar Association, Tarrytown, November 13, 2009

TEACHER, CLE, "Law and Medicine," Westchester Black Bar Association, October 28, 2009

TEACHER, All Statewide Trial Judges, NYS Annual Judicial Training Seminar, CPLR Practice and Procedure Update, 7/23/09, 7/30/09 and 8/6/09

TEACHER, CLE, "Appellate Practice," Dutchess County Bar Association, February 24, 2009

TEACHER, CLE, "Appellate Practice," Wilson, Elser, Moskowitz, Edelman and Dicker, October 22, 2008

TEACHER, CLE, "Appellate Practice," Rockland County Bar Association, September 10, 2008

TEACHER, CLE, "The Law of Medical Malpractice," Dutchess County Bar Association, April 10, 2008

Guest Lecturer, Matrimonial and New York Practice Classes at Pace University School of Law, 2006-2009

CLE on Appellate Practice for the NYS Academy of Trial Lawyers and the Brooklyn Bar Association, “Appeals in the Second Department,”  December 18, 2007 in Brooklyn

CLE on Appellate Practice for New York State Bar Association, “Appeals in the Second Department,”  November 2, 2007 in Tarrytown

CLE on Appellate Advocacy for Westchester Bar Association, “Taking an Appeal:  A View From the Bench,”  October 9, 2007 in White Plains

Teacher, Criminal Law CLE for the Office of the Westchester County District Attorney,
June 21, 2006

Teacher, Matrimonial Law CLE for Family Law Section of the Westchester County Bar Association, May 16, 2006

Teacher, Westchester Bar Association CLE Program on the Intersection of Bankruptcy and Matrimonial Law, 3/3/05

Committee Chair, Judges and Lawyers for Family Justice (2002-2004)

Teacher, NYS Bar Association CLE Program on Advanced Evidence for the Matrimonial Lawyer, 5/14/04

Teacher, NYS Bar Association CLE Program on the presentation of expert witness testimony at trial, 4/03

Teacher, Dutchess County Bar Association CLE Program in mid-2002, on the mandatory periodic payment of certain Judgments

Teacher, New York State Continuing Judicial Education Program, providing instruction to town and village judges of the Ninth Judicial District on selected aspects of procedural and substantive law (in both 10/94 and 5/01)

Captain, New York Guard Judge Advocate General Corps. (1999-2006 (Honorable Discharge)

First Lieutenant, U.S. Army Reserve Judge Advocate General Corps. (1988-1997) (Honorable Discharge)

Member, New York State Magistrates’ Associations (1988-present)

Chairman, Westchester County Bar Association Law Day Committee (1986-1990)

Member, New York State Bar Association, many years

Director, Yorktown Bar Association (1988-1992) and Member many years since 1986

Vice President, Fordham Law Alumni Association Westchester-Putnam Chapter (2009-present)

Director, Fordham Law Alumni Association Westchester-Putnam Chapter (2001-present)

Co-Chair, Westchester County Council on Domestic Violence (July 1996-December 31, 1997)

President, Yorktown Area Jaycees (1990-1991) and Chairman of Board (1991-1992)

Lector, St. Patrick’s Church, Yorktown (1986-2000), St. Denis Church, Hopewell Junction (2005-present)

“Midnight Runs” to the streets of Manhattan, delivering food and clothing to the needy

Member, The Friendly Sons of St. Patrick (1996-present)

Member, the Irish-American Social Club of Westchester-Putnam (1987-2000)

Member, Elks Lodge #2324 (1987-2000)

Member, National Eagle Scout Association, The Westchester-Putnam Council of the Boy Scouts of America and merit badge counselor

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