Fahey Named to Fill Court of Appeals Vacancy | New York Law Journal

Justice Eugene Fahey, of the upstate Appellate Division, Fourth Department, is Gov. Andrew Cuomo’s choice to fill a seat on the Court of Appeals opened by the Dec. 31 retirement of Robert Smith. READ MORE »


Fahey was chosen from a list of seven candidates sent to Cuomo by the Commission on Judicial Nomination (NYLJ, Dec. 2).

Others on the list were five partners at Manhattan law firms: Kathy Chin of Cadwalader, Wickersham & Taft; Hector Gonzalez of Dechert; Mary Kay Vyskocil of Simpson Thacher & Bartlett; Rowan Wilson of Cravath, Swaine & Moore; and Stephen Younger of Patterson Belknap Webb & Tyler.

Fahey’s colleague on the Fourth Department bench, Justice Erin Peradotto, was also on the list.


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Watchup – Your daily newscast

Watchup is the fastest way

to watch the news.

Just turn it on and your

newscast will play continuously.

Flipboard for videos.

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JURIST – DOJ: New York jail routinely violates rights of adolescent inmates


[JURIST] The US Department of Justice (DOJ) [official website] released a report [press release] Monday finding that the New York City Department of Correction [official website] has routinely violated the constitutional rights of male teenagers at the Rikers Island jail complex. The report was released after a multi-year investigation pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA) [text] was completed, which found that correctional officers relied on physical forms of punishment. No legal action has commenced [Reuters report]…   +read more

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Speaking of Yiddish, U.S. District Court in New York Needs Translators – WSJ


The buildup to the mistrial in New York state Sen. Malcolm Smith‘s bribery case wasn’t just courtroom drama. It became a whole megillah.

U.S. District Judge Kenneth Karas had ordered prosecutors to turn over 93 hours of a cooperating government witness’s telephone conversations to defense attorneys because the recordings might help the defense. But complicating matters, 20% of those conversations were in Yiddish.

Though the New York region is home to more than 75% of the nation’s 159,000 Yiddish speakers, according to U.S. Census data, the U.S. District Court for the Southern District of New York has but a single interpreter on call.

Read WSJ entire article on Yiddish interpreters for courts in New York here.

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Legislature Approves 25 New Family Court Judgships | New York Law Journal


ALBANY – New York City will get nine new Family Court judges and upstate will get 16 under end-of-session legislation enacted overwhelmingly Thursday and today by state lawmakers.

The bill, if it is signed by Gov. Andrew Cuomo, will increase the number of Family Court judgeships in New York City from 47 to 56, effective Jan. 1, 2015. It has not yet been determined where the new judges, all of whom would be appointed by the mayor, will sit.

Upstate will get 11 new judges this year and another five on Jan. 1, 2016. All of the upstate positions are elective, and candidates can seek the posts this November in Albany, Broome, Chautauqua, Franklin, Nassau, Oneida, Oswego, Schenectady, Suffolk, Ulster and Westchester counties. The other five Family Court positions will be created in Delaware, Dutchess, Erie, Monroe and Warren counties effective Jan. 1, 2016, with candidates running in November 2015.

Read more: http://www.newyorklawjournal.com/id=1202660271889/Legislature-Approves-25-New-Family-Court-Judgships#ixzz35DPXZE1a




Meeting of the House of Delegates Webcast Live from the The Otesaga Hotel, Cooperstown Saturday, June 21, 2014


Meeting of the House of Delegates
Webcast Live from the The Otesaga Hotel, Cooperstown

Saturday, June 21, 2014

Watch the NYSBA House of Delegates in action on Saturday, June 21st beginning at 8:30 a.m. by clicking www.nysba.org/HODwebcast and choosing the June meeting.


Mr. David P. Miranda
Chair, presiding

8:30 a.m. – Call to order, Pledge of Allegiance and introduction of new members

8:35 a.m. – Approval of minutes of April 5, 2014 meeting

8:40 a.m. – Report of Treasurer – Ms. Sharon Stern Gerstman

8:50 a.m. – Presentation of Root/Stimson Award – Mr. Glenn Lau-Kee

9:00 a.m. – Presentation of National Trial Advocacy Awards

9:10 a.m. – Address by Robert M. Carlson, Chair, ABA House of Delegates

9:20 a.m. – Installation of Glenn Lau-Kee as President – Oath to be administered by Hon. Victoria A. Graffeo

9:30 a.m. – Report of President – Mr. Glenn Lau-Kee

9:40 a.m. – Informational report of Committee on Legal Aid and President’s Committee on Access to Justice – Hon. George H. Lowe and Mr. Andrew A. Scherer

9:55 a.m. – Resolution of Executive Committee re Mandatory Pro Bono Reporting – Mr. Scott M. Karson

11:10 a.m. – Report and recommendations of Queens County Bar Association –  Mr. Paul E. Kerson

11:30 a.m. – Report and recommendations of Nominating Committee – Mr. Stephen P. Younger

11:45 a.m. – Report and recommendations of Audit Committee – Mr. Scott M. Karson and Ms. Lesley Friedman Rosenthal

12:00 p.m. – Report of Executive Director Search Committee – Mr. David M.Schraver

12:10 p.m. – Report of the Secretary – Ms. Ellen G. Makofsky

12:20 p.m. – Report of The New York Bar Foundation – Ms. Cristine Cioffi

12:30 p.m. – Administrative items – Mr. David P. Miranda

12:35 p.m. – New business

Next House of Delegates meeting:
Saturday, November 1, 2014
Bar Center, Albany, New York

June 21, 2014, starting at 8:30 a.m.
Live Webcast www.nysba.org/HODwebcast


Shutdown, Holdup for the Courts | United States Courts

The federal courts may be open during the government shutdown, but it’s far from “business as usual.” According to a Department of Justice memo (pdf), U.S. Attorneys across the country have been directed to “curtail or postpone” civil litigation “to the extent that this can be done without compromising . . . the safety of human life or the protection of property.” Criminal litigation will continue without interruption.

As a consequence, case by case, U.S. Attorneys are filing motions for stays of litigation. “Absent an appropriation,” the typical motion reads, “Department of Justice attorneys and employees are generally prohibited from working, even on a voluntary basis. . . . This is creating difficulties for the Department to perform the functions necessary to support its litigation effort.”

In a letter to Chief Judge Loretta A. Preska (S.D. NY), the U.S. Attorney for the Southern District of New York described his staff under the shutdown: “only a small number of Assistants and staff have been excepted from the furlough”–and among these are the members of the trial team in the United States v. Countrywide Financial Corporation.” Nearly all civil division assistants and staff will be unable to work on cases or meet existing court deadlines until Congress restores funding.


Chief Judge Loretta A. Preska issued an order (pdf) staying all civil cases in the Southern District of New York, other than civil forfeiture cases, in which the U.S. Attorney’s Office for the district has appeared as counsel. The stay ends the first business day after the President signs into law a budget appropriation. Court deadlines will be tolled during the duration of the government shutdown.


Read entire report here.



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