New York judicial news

From Judgepedia

News about or affecting the judiciary in New York.

Court dismisses lawsuit against Lehman Brothers Holdings

New York: U.S. District Judge John Keenan dismissed a lawsuit filed against Lehman Brothers Holdings alleging that 11 directors knew that bankruptcy for the bank was imminent and that they did nothing to protect retirement plans for employees. The action was dismissed because it could not prove that the Lehman Brothers Holdings directors had failed in their duties in managing retirement funds.^[1]

Sconiers joins Appellate Division

New York: Rose H. Sconiers, a former New York Supreme Court Justice in Buffalo, was appointed by Gov. Paterson to the Fourth Department Appellate Division on February 2, 2010. She will take office when the next session begins on February 22nd and will replace the retired Judge Robert Hurlbutt.^[1]

New candidate for Broome County Surrogate Court judgeship

New York: David H. Guy, a Binghamton attorney, has announced his candidacy for the Broome County Surrogate Court in New York. He is a Republican who currently works for the law firm Coughlin & Gerhart. He will replace Eugene Peckham, who will reach the age of mandatory retirement (70) in 2010.^[1]

New Appellate and Court of Claims judges appointed

Albany, New York: Gov. David Paterson announced two judicial appointments: John C. Egan to the Supreme Court Appellate Division (Third Judicial Department) and Mark R. Dwyer to the Court of Claims. ^[1]

New judge appointed to the New York Appellate Division

Albany, New York: On January 7, 2010, Gov. Patterson appointed Justice Stephen K. Lindley to fill a vacancy on the Fourth Department of the New York Supreme Court, Appellate Division. Lindley previously served as a Justice on the Supreme Court of the State of New York.^[1][2]

New York appellate judges defend trial judges from criticism

New York City, NY: Michael Cardozo, the top legal advisor to New York City Mayor Michael Bloomberg, said in a speech in December 2009 that while the state's trial judges are overworked and underpaid, they are also responsible for delays in decisions. Cardozo said that the "entire culture must be changed" to "improve judicial accountability and, with it, judicial performance."

In response, 18 of 20 justices of the First Judicial Department of the Appellate Division of State Supreme Court published a letter in the New York Law Journal sharply dissenting from the tenor of Cardozo's remarks, saying that the remarks were “insulting,” “imperious” and “misguided”. Luis Gonzalez, the First Department's Presiding Justice, told the New York Times, “We felt compelled to speak on behalf of the trial judges. Sometimes they may feel a lot more constrained, maybe even handcuffed, in response to criticism.^[1]

Frivolous expenses charged by New York judges

New York: On November 1, 2009, Chief Judge of the New York Court of Appeals, Jonathan Lippman, increased the expense allowances payable to New York judges from $5,000 a year to $10,000. In 2008, the New York Office of Court Administration paid out approximately $6 million to judges receiving the $5,000 allowance. This increase could take the total expense allowance outlay to roughly $12 million per year. The Office of Court Administration's total annual budget in 2008 was $2.27 billion. ^[1]

Some of the items approved for reimbursement include trips taken to the Spirit Rock Meditation Center in Northern California by Brooklyn Housing Court judges Cheryl Gonzales and John Stanley. Gonzales and Stanley were reimbursed $890 and $780 respectively for the trip. Queens Family Court Judge Linda Tally asked for $233 to pay for an Apple iPod Touch, Brooklyn Supreme Court Justice Laura Jacobson was reimbursed $2,878.40 for a "fact-finding vacation" to Cuba, and Brooklyn Civil Court Judge Sylvia Ash requested $290 for a room air purifier bought on the Home Shopping Network.

Administrative director of the state court system Lawrence Marks defends the charges, citing the lack of a raise for judges in the past 11 years. ^[2]

Two new nominees for the federal courts announced

New York and Rhode Island: President Obama announced the nomination of two judges for the federal courts: Denny Chin for the United States Court of Appeals for the Second Circuit and O. Rogeriee Thompson for the United States Court of Appeals for the First Circuit. ^[1]

Denny Chin was born in Kowloon, Hong Kong. He graduated from Princeton with his Bachelor's degree in 1975 and from Fordham University School of Law with his Juris Doctor degree in 1978. On the recommendation of U.S. Senator Moynihan, Chin was nominated to the United States District Court for the Southern District of New York by President Bill Clinton on March 24, 1994, where he currently serves. ^[2]

O. Rogeriee Thompson was recommended to the President by Senators Jack Reed and Sheldon Whitehouse, who called her "highly qualified". ^[3] She received an A.B. in 1973 from Brown University, and a J.D. in 1976 from Boston University School of Law. If confirmed by the Senate, Thompson would be the first black judge to serve the First District. ^[4]

Order against Lieutenant Governor stayed

New York: Justice Priscilla Hall has suspended an order keeping the appointed Lieutenant Governor from performing the duties of office.

When David Paterson took over the office of Governor after Eliot Spitzer's resignation, Paterson appointed Richard Ravitch to take over as Lieutenant Governor. State Senate Republicans filed a lawsuit saying that his action was unconstitutional, and New York Supreme Court judge William La Marca issued an order restraining Ravitch from performing the duties of the office. Justice Hall suspended the preliminary injunction, and directed both parties to appear in court for resolution. ^[1]

Airlines barred from questioning FBI in 9/11 suit

New York: Federal judge Alvin Hellerstein dismissed a lawsuit filed by major airlines to seek rights to question FBI agents about the September 11, 2001 terrorist attacks.

The lawsuit was part of a plan for the airlines to question FBI agents and seek access to evidence related to the September 11th attacks. The airlines who sued the FBI wanted to prove in court that the government was inadequately prepared in preventing the terrorist attacks which killed over 3,000 people.

Judge Hellerstein ruled against the airline's claim stating, "the defendants have also argued that the terrorists likely would have succeeded, even if the defendants had exercised due care."

"The issues to be tried relate to the acts and omissions of the aviation defendants, not the government," said Judge Hellerstein in his ruling. He also explained: "the government's failures to detect and abort the terrorist plots would not affect the defendant's potential liability."

The lawsuit filed by the airlines is one of a handful 9/11 related lawsuits that Judge Hellerstien is hearing. Hellerstien has three wrongful death lawsuits and nineteen property damage claims pending in his docket to be heard on July 28, 2009. ^[1]

Ex-con gets life in prison for NY student torture

(7/25/08) Robert Williams was convicted last month in Manhattan of attempted murder, rape, kidnapping and arson. His actual sentence — 422 years — was pronounced by state Supreme Court Justice Carol Berkman, who said that for the sake of public safety she doesn't ever want him to get out of prison. Berkman noted:

"The defendant, by his own conduct, has forfeited any hope of liberty."

Governor appoints appellate judge

(7/23/08) Gov. David Paterson has appointed Justice Helen Freedman, who has served on the bench for more than 25 years, to fill a vacancy in the Appellate Division, First Judicial Department in Manhattan.

• ‘We Didn’t Know He Was Dead’ Defense Wins N.Y. Check-Cashing Case (4/23/2008)
• NY judges warned against using authority to protest pay (5/12/2008)
• Potter Trial: On Last Day, Defense Outshines Rowling (4/16/2008)
• Supreme Court Elections (3/14/2008)
• NY Times Editorial: Real Judicial Elections (10/02/2007)

References