Jay C. Carlisle II

Senior Counsel

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Phone:	(914) 684-6800
Fax:	(914) 684-6986
Email:	jcarlisle@chnnb.com

Biography

Jay C. Carlisle II (A.B., 1965, University of California at Los Angeles [U.C.LA.]; J.D., 1969, King Hall at the University of California; 1969-70 Columbia University School of International Affairs) was admitted to practice in New York in 1970. He has litigated cases in state and federal courts throughout the nation. He was a professor of Law for 38 years at the Elizabeth Haub School of Law at Pace University and also was assistant dean at the SUNY-Buffalo Law School for three years.  During his academic tenure Carlisle was an active litigation consultant and expert witness for law firms in the New York City area. He has served for many years, by appointments of the Chief Judge of New York and three governors, on statewide ethics and public service commissions. Carlisle has served for many years as a Special Master for the Supreme Court of New York, and is currently a referee for the NYS Commission on Judicial Conduct and a commissioner for the New York State Law Revision Commission. Carlisle is known for his scholarship on Civil Procedure, New York Practice and Professional Responsibility which has been cited by many courts including the New York State Court of Appeals and U.S. Court of Appeals for Second Circuit. Carlisle's expert witness work includes appearances before state and federal courts in New York and Connecticut, the High Court of Appeals in England, and the International Chamber of Commerce Court of Arbitration in Paris. Carlisle has taught as an adjunct professor at the Fordham, New York, Quinnipiac and Pace law schools and is a frequent lecturer on ethics and civil procedure for many continuing legal education providers. He is a recipient of teaching awards from the New York State Trial Lawyers Association and the ABA-American Law Institute and he served for many years as a director and Vice-President of the Westchester County Bar Foundation which presented him its annual distinguished public service award in 2013. Carlisle is an elected life fellow of the New York State and American Bar Associations. In 2015 the New York Law Journal selected Carlisle as one of its outstanding public interest lawyers.

Practice Area

• Litigation

Reported Decisions

• Yoon v. Fordham University Faculty, 173 Fed.Appx. 936, 2006 WL 1049100, 210 Ed. Law Rep. 608, 38 Employee Benefits Cas. 1295, C.A.2 (N.Y.), April 14, 2006 (NO. 05-0173-CV)
• Yoon v. Fordham Univ. Faculty and Administrative Retire ment Plan, 263 F.3d 196, 2001 WL 993708, 156 Ed. Law Rep. 767, 26 Employee Benefits Cas. 2301, C.A.2 (N.Y.), August 30, 2001 (NO. 00-9465)
• Pauk v. Pauk, 232 A.D.2d 392, 648 N.Y.S.2d 134, 1996 WL 604012, N.Y.A.D. 2 Dept., October 07, 1996 (NO. 95-08442, 95-08444)
• Key Bank of New York, N.A. v. K.H. Associates, 210 A.D.2d 769, 620 N.Y.S.2d 537, 1994 WL 709707, N.Y.A.D. 3 Dept., December 22, 1994 (NO. 70213)
• Lipin v. Bender, 84 N.Y.2d 562, 644 N.E.2d 1300, 620 N.Y.S.2d 744, 1994 WL 594250, N.Y., November 01, 1994 (NO. 171)
• Hamilton v. Wadsworth Pub. Co., Inc., 589 F.Supp. 417, D.Del., June 14, 1984 (NO. CIV. 78-421-JLL)
• Singleton v. Cory, 465 F.Supp. 14, 100 L.R.R.M. (BNA) 2605, 84 Lab.Cas. P 10,939, S.D.N.Y., October 27, 1978 (NO. 78 CIV. 4799)
• Ghandi v. Police Dept. of City of Detroit, 74 F.R.D. 115, 23 Fed.R.Serv.2d 616, 23 Fed.R.Serv.2d 351, E.D.Mich., March 14, 1977 (NO. CIV 4-72019)
• U. S. Labor Party v. Codd, 527 F.2d 118, C.A.2 (N.Y.), December 09, 1975 (NO. 160, 75-7240)
• International Union, United Auto., Aerospace and Agr. Implement Workers of America (UAW) v. National Caucus of Labor Committees, 525 F.2d 323, 20 Fed.R.Serv.2d 1401, C.A.2 (N.Y.), November 12, 1975 (NO. 75-7470, MOTION 6)
• Salera v. Tucker, 399 F.Supp. 1258, E.D.Pa., July 31, 1975 (NO. CIV. 74-2340, CIV. 74-2353)
• Ghandi v. Police Dept. of City of Detroit, 66 F.R.D. 385, E.D.Mich., April 11, 1975 (NO. CIV 4-72019)
• U. S. Labor Party v. Codd, 391 F.Supp. 920, E.D.N.Y., March 11, 1975 (NO. 74 C 1190)
• Gomez v. Board of Ed. of Dulce Independent School Dist. No. 21, 85 N.M. 708, 516 P.2d 679, N.M., November 30, 1973 (NO. 9763)
• Equitable Bldg. and Loan Ass'n v. Davidson, 85 N.M. 621, 515 P.2d 140, N.M., October 05, 1973 (NO. 9570)
• State ex rel. State Highway Dept. v. Yurcic, 85 N.M. 220, 511 P.2d 546, N.M., June 22, 1973 (NO. 9537)

Education

• University of California, Los Angeles (A.B., 1965)
• University of California, Davis (J.D., 1969)
• Columbia University School of International Affairs (1970)

Awards

• Recipient of three Barbara Salken Outstanding Professor Awards at Pace Law School
• Academic Excellence Award, NYS Trial Lawyers Association, 2013
• Outstanding Citizenship Award, Westchester County Executive, 2013
• Outstanding Professor of the Year, Pace Law School, 2013
• Outstanding Educator and Scholar Award, Westchester County Bar Foundation, 2013
• Pace Law School Alumni Association Award, 2007 and 2014
• Honored as a Lawyer Who Leads by Example in Public Service, the New York Law Journal, 2015

Memberships

• Appointed to statewide commissions and committees by three New York State governors and one Chief Judge
• Appointed as a Law Revision Commissioner by Governor David Paterson in 2009
• Referee for the New York State Commission on Judicial Conduct since 1999
• Special master for the Supreme Court of New York since 1980

Publications

• Civil Pretrial Proceedings In New York (Co-Editor) West Publishing Co. (2 Volume Treatise ) (2000, 2001 editions and annual supplements through 2004)
• New York Civil Practice (co-editor) New York: Practising Law Institute, 1994 and 1995 volumes.
• New York Litigation Forms With others. Rochester, N.Y.(5 Volumes): Lawyers Cooperative Publishing, 1995
• "Festschrift for Dean Simon", 35 Pace 1124 (2015)
• "Administrative Estoppel and the Fair Housing Act", New York Law Journal, Dec. 10, 2015)
• "New York Jurisdiction Update, DECISIONS 2015", New York State Trial Lawyers Institute
• "New York State Court of Appeals Visits (And Then Re-visits) the Preclusive Impact of Administrative Finds of Fact in Subsequent State Court Actions", Westchester Lawyer (November 2014)
• "Seeking Justice in the Empire State: Court of Appeals Broadens the Reach of Long Arm Jurisdiction and Clarifies the Statutory Guidelines for Application of CPLR Section 302(a)(1)", Vol. 77 No. 1 (2013/2014)
• "Reversing Course: A Critique of the Court of Appeals New Rules for Unjust Enrichment and Criminal Legal Malpractice Actions" 76 Albany Law Review 1211 (2013)
• "Justice James D. Hopkins: Jurist, Dean and Expert on New York Law" 33 Pace Law Review 3 (2013)
• "Recent Developments in Tort Law" (Jurisdiction) DECISIONS 2012, (75pp) (2012)
• "United States Supreme Court Restricts Jurisdiction" WCBA Newsletter (March 2012)
• "Recent Developments in Tort Law" (Jurisdiction) DECISIONS 2011, (43pp) (2011)
• The Life and Legacy of B.J. Harrington (with Ottinger) Vol.37, No.1, Westchester Bar Journal, 15 (Spring/Summer 2010)
• "Recent Statute of Limitations Developments In the New York Court of Appeals," 30 Pace Law Review 1158 (2010)
• "A Tribute to William F. Harrington (with Ottinger)" 30 Pace Law Review 1140 (2010)
• "Limits on New York Foreclosures", (Lead Article) Vol. 16. No. 2, Verdict (April 2010)
• Carlisle, "Judith S. Kaye" in Roger K. Newman, ed., Yale Biographical Dictionary of American Law (2009)
• "Recent Jurisdiction Developments In the New York Court of Appeals," 29 Pace Law Review 417 (2009)
• "Second Circuit 2005 Res Judicata Developments," 24 Quinnipiac Law Review 351 (2006)
• Jurisdiction and Service, Appearance and Choice of Court, Vol. 2, Weinstein, Korn & Miller, New York Civil Practice (Lexis Nexis Matthew Bender, 2005)
• "Jurisdiction Update," in Decisions 2005 (2005)
• "The American Bar Association"s New Model Rules: Will They Be Adopted in New York: Update for New York Lawyers on Professional Responsibility & Ethics," 31 Westchester Bar Journal 35 (2004) (with Jeffrey Kerman)
• "Graduation Remarks," 22 Pace Law Review 395 (2002). Reprinted in 28 Westchester Bar Journal 143 (2002)
• "Second Circuit 2000-2001 Personal Jurisdiction Development," 21 Quinnipiac University L. Rev. 15 (Summer 2001)
• "When a Client Threatens Suicide: The Lawyer"s Duty of Confidentiality?" New York Professional Responsibility Reporter, Sept. 2001
• "Res Judicata Development," 20 Quinnipiac Law Review 75 (2000).
• "Second Circuit Task Force," 19 Pace Law Review 431 (1999)
• "Trying Cases: A Life in the Law," 9 Windsor Review 154 (1999)
• "An Open Courtroom: Should Cameras Be Permitted in New York State Courts?" 18 Pace Law Review 197 (1998)
• "Professional Responsibility: Recent Decisions by the New York State Court of Appeals and Their Impact on the Chief Judge"s Proposals for Changes in the Legal Profession," 22 Westchester Bar Journal 211 (1995)
• "Decisions Affect Attorney-Client Relationships: Judges Analyze Four Aspects of Regulating Legal Profession," New York Law Journal, October 3, 1994, at S10
• "Second Circuit Ruling in Conflict with Decision by New York Court of Appeals," New York Law Journal, June 6, 1994, at 1
• "New Federal Rules Effective on December 1, 1993," 20 Westchester Bar Journal 289 (1993)
• "Long-Arm Jurisdiction in New York," New York Law Journal, April 5, 1993, at 1
• "Attorney Fees under Condo, Co-op Abuse Relief Act," New York Law Journal, July 21, 1993, at 1
• "Bar Urged to Obey Code and Do the Right Thing: Lawyers Have Obligations to Clients, Public, Colleagues," New York Law Journal, November 1, 1993, at S10
• "Civil Practice. (1992 Survey of New York Law)," 44 Syracuse Law Review 65 (1993)
• "Civil Practice. (1991 Survey of New York Law)," 43 Syracuse Law Review 77 (1992)
• "Panel Analyzes Sanctions for Frivolous Conduct in Civil Lawsuits," New York Law Journal, November 2, 1992, at S11
• "The Legal Profession: Panel Analyzes Sanctions, Admission Requirements," New York Law Journal, October 15, 1991, at S9
• Tribute. "Vincent L. Broderick—A Distinguished Jurist and Great Teacher," 16 Pace Law Review 209 (1996)
• "Avoiding the Chancellor"s Boot: Application of Sanctions in Federal District and Appellate Court Practice," 18 Westchester Bar Journal 287 (1991)
• "Panel Analyzes Sanctions, Admission Requirements," New York Law Journal, October 15, 1991, at S9
• "New York Civil Practice. (1990 Survey of New York Law)," 42 Syracuse Law Review 343 (1991)
• "Simplified Dispute Resolution for New York Civil Practice," New York Law Journal, August 14, 1991, at 1
• "Civil Practice. (1989 Survey of New York Law)," 41 Syracuse Law Review 63 (1990)
• "English White Paper Law Reforms: An Outline for Equal Access to Justice?" 62 New York State Bar Journal 54 (January 1990)
• "Issue Preclusion Affect of Criminal Convictions in Subsequent Civil Litigation," 17 Westchester Bar Journal 207 (1990)
• "House of Lords Debates Drastic Legal Reforms," New York Law Journal, April 12, 1989, at 2
• "Administrative and Arbitral Issue Preclusion in Subsequent Judicial Proceedings," 16 Westchester Bar Journal 263 (1989)
• "White Paper: An Outline for Improved Access to Justice," New York Law Journal, August 7, 1989, at 2
• "Senior English Judges Attack Legal Reforms," New York Law Journal, May 30, 1989, at 2
• "Radical Changes Proposed in English Legal System," New York Law Journal, February 3, 1989, at 2
• "Civil Practice. (1988 Survey of New York Law)," 40 Syracuse Law Review 77 (1989)
• "Update: Sanctions for Frivolous Litigation and New Requirements on Attorneys" Escrow Records," 16 Westchester Bar Journal 25 (1988)
• "An Introduction to the Committee on Professional Ethics for the Westchester County Bar Association," 15 Westchester Bar Journal 303 (1988)
• "Simplified Procedure for Court Determination of Disputes under New York"s Civil Practice Laws and Rules," 54 Brooklyn Law Review 95 (1988)
• "Benjamin N. Cardozo: Sixty Years after His Appointment As New York"s Chief Judge," with Janessa C. Nisley, 60 New York State Bar Journal 36 (January 1988)
• "Civil Practice. (1987 Survey of New York Law)," 39 Syracuse Law Review 75 (1988)
• "Civil Practice. (1986 Survey of New York Law)," 38 Syracuse Law Review 67 (1987)
• "Comment on Article on Collateral Estoppel," New York Law Journal, July 27, 1987 at 2
• "CPLR 8308-a: Attorney"s Fees Sanctions for Frivolous Claims and Defenses Filed in Tort Cases," 14 Westchester Bar Journal 273 (1987)
• "Discovery of Documents in Control of Corporate or Government Nonparties under the Federal Rules of Procedure," New York Law Journal, July 1, 1987, at 9
• "Nonparty Document Discovery from Corporations and Governmental Entities under the Federal Rules of Civil Procedure," 32 New York Law School Law Review 9 (1987)
• "Simplified Litigation Procedure Available in New York Courts," 39 Brooklyn Barrister 7 (November 1987)
• "Civil Practice: Update on Comparative Negligence," 37 Syracuse Law Review 299 (1986)
• "Ex Parte Communication by the Judiciary," 58 New York State Bar Journal 12 (November 1986)
• "Getting a Full Bite of the Apple: When Should the Doctrine of Issue Preclusion Make an Administrative or Arbitral Determination Binding in a Court of Law?" 55 Fordham Law Review 63 (1986)
• "Nontraditional Career Alternatives for Law Graduates," 50 New York State Bar Journal 16 (February 1978)
• "Law Graduates Do Not Have to Practice Law," New York Law Journal, July 11, 1977, at 1
• Review of No Fault Automobile Accident Law by Josephine Y. King, 60 New York State Bar Journal 57 (December 1988)
• "How To Find A Law Position," New York Law Journal, May 12, 1978
• Review of West new york civil practice by prof. mark. vol. 23. no. 3 westchester co. bar journal 211 (summer 1996)
• "Jurisdiction" in New York State Trial Lawyers Institute Decisions, (annually edited/published in 2003—2009)
• "Jurisdiction; Sanctions and Professional Responsibility" with George Bundy Smith in New York Civil Practice: 1995. New York: Practising Law Institute, 1995
• "Jurisdiction; Venue; Consolidation and Severance; Sanctions" with George Bund