New York State Supreme Court, Appellate Division, Fourth Department Explained

Court Name:Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Authority:Constitution of the State of New York
Appealsto:New York Court of Appeals
Location:Rochester, New York
Type:Gubernatorial appointment

The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department, or simply the Fourth Department, is one of the four geographical components of the New York Supreme Court, Appellate Division, the intermediate appellate court of the State of New York. Its courthouse is located in Rochester, New York.[1]

Jurisdiction

See main article: New York Supreme Court, Appellate Division. The Fourth Department of the Appellate Division holds jurisdiction over 22 counties in Central and Western New York State, and includes the cities of Buffalo, Rochester, and Syracuse. Geographically, the Fourth Department extends from the St. Lawrence River in the north to the Pennsylvania border in the south and from the Mohawk Valley in the east to Lake Erie and the Province of Ontario to the west.[2]

Appeals are taken to the Appellate Division, as a matter of right, in civil and criminal cases, from the Supreme Court, Surrogate's Court, Family Court, and Court of Claims.[3]

Along with the state's other three Appellate Departments, it shares responsibility for all admissions to the New York bar. Under the state's bar admission rules, all bar applicants must be interviewed in person by one of the Appellate Departments. Once admitted by one department, a new attorney may practice in any New York state court. The Court is also responsible for oversight of attorney conduct, as well as the administration of special protections for minors and the incapacitated within the Department.[4]

Presiding Justices

George A. Hardin 1895-1899
William II. Adams 1899-1903
Peter Baillie McLennan 1903-1913Frederick W. Kruse 1913-1922
Irving G. Hubbs 1923-1928Charles Brown Sears 1929-1940
Harley N. Crosby 1940-1943Benjamin B. Cunningham 1944
Marsh N. Taylor 1945-1953Francis D. McCurn 1953-1959
Alger A. Williams 1960-1968Earle C. Bastow 1968
Harry D. Goldman 1969-1973John S. Marsh 1973-1978
Michael F. Dillon 1979 – 1991[5] M. Dolores Denman 1991-1999
Eugene F. Pigott Jr. 2000-2006[6] Henry J. Scudder 2006-2015[7]
Gerald J. Whalen 2016-present[8]

Notes and References

  1. Web site: Overview of the Appellate Division. New York Courts. May 23, 2024.
  2. News: Appellate Court leader announces retirement . December 23, 1999. 9. Democrat and Chronicle. Rochester NY. Newspapers.com. May 23, 2024.
  3. Book: The Practice of law in New York State. 2018. 6. New York State Bar Association. May 23, 2024.
  4. Book: The Practice of law in New York State. 2018. 14. New York State Bar Association. May 23, 2024.
  5. Book: The Appellate Division of the Supreme Court, Fourth Judicial Department. 1996. 7-12. The Historical Society of the Courts of the State of New York. May 23, 2024.
  6. News: McCarthy. Robert J.. Pigott respected on both sides of aisle. August 19, 2006. The Buffalo News. Buffalo NY. May 23, 2024.
  7. News: Scudder reappointed presiding justice. January 28, 2011. The Daily Record. Rochester NY. May 23, 2024.
  8. News: Justice Whalen to lead Fourth Department . January 11, 2016. The Daily Record. Rochester NY. May 23, 2024.