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Friday, October 21, 2011

Prudenti Named Chief Administrative Judge

Prudenti Named Chief Administrative Judge
The New York Law Journal by John Caher  -  October 21, 2011

Presiding Justice A. Gail Prudenti of the Appellate Division, Second Department, yesterday told her colleagues that she has accepted an appointment as chief administrative judge, a position she will assume on Dec. 1 following the departure of Judge Ann T. Pfau.  The appointment will formally be announced today, according to Chief Judge Jonathan Lippman.  A Long Island Republican, Justice Prudenti, 58, has served in administrative roles for most of her judicial career.  Justice Prudenti was elected to the Supreme Court bench in 1992. But two years later, when a spot opened in Surrogate's Court, where she had clerked and practiced, she ran for and won that judgeship.  Chief Judge Lippman, then chief administrative judge, appointed Justice Prudenti the Suffolk County administrative judge in 1999, when she was still in Surrogate's Court.  A year later she ran for and won another Supreme Court position. Justice Prudenti said she sought the Supreme Court job because her administrative duties cut into her time to handle Surrogate's Court matters and the county needed a full-time surrogate.  Justice Prudenti's election to the Supreme Court made her eligible for appointment to the Appellate Division, and Governor George E. Pataki promptly promoted her in 2001. Justice Prudenti was on the court for only a year when Governor Pataki named her presiding justice.  Judge Lippman said he actually "discovered" Justice Prudenti a few years before he appointed her as Suffolk County's administrative judge, when she had applied for the position under a different administration, and he immediately realized she was a "unique talent and a unique person."  "She didn't get the job, but she blew me away at the interview as a competent and capable judge with a wonderful ability to relate to people and see the big picture," said Judge Lippman, who was then deputy chief administrator for the courts under Chief Administrative Judge E. Leo Milonas. "In that first interview, I was sold and thought we had a star on our hands, and I was right."  Justice Prudenti said she was first approached by Judge Lippman for the top administrative post several months ago, when Judge Pfau expressed an interest in serving on a trial court, and hesitated.  "I have total mixed emotions about leaving the Appellate Division, Second Department, and I think he was well aware of that," Justice Prudenti said. "I work with fabulous and incredibly hard working people, and I wasn't sure I was ready to leave."  Judge Pfau will on Dec. 1 become coordinating judge of the New York State Medical Malpractice Program, and she will also hear medical malpractice cases in Brooklyn.  The chief judge said he recruited Justice Prudenti to succeed Judge Pfau because of her ability to bring out the best in the people who work for her, while also winning their admiration and affection.  "She understands people and appreciates them, and engenders a loyalty you don't get just by snapping your fingers," Judge Lippman said.  "She is very much a people person who recognizes she is dealing with human beings who need to be listened to, understood and appreciated," he added. "She sets a very high standard, but she does it in a way that endears her to people and fosters a loyalty to her and, more importantly, to the institution. "

Looking for New Resources

Justice Prudenti said she will begin by taking a microscopic top-to-bottom look at court operations, with an eye toward finding ways to utilize public-private partnerships and foundation resources to achieve goals that otherwise might be unattainable in this fiscal climate.  "I am very, very sensitive that we cannot burden the taxpayers," Justice Prudenti said. "So I am going to be taking a good, hard look at revenue sources and funding streams. I really believe that we can form some public-private partnerships, that we can build some good relationships with the executive and legislative branch. I think we have to look outside the box to deploy new resources."  Justice Prudenti said outside resources are especially important in expanding civil legal services and reforming juvenile justice, both high priorities for Judge Lippman.  "I want to work with the Center for Court Innovation and look for partners that have the same goal of equal justice for all," she said. "I understand, I really, really do understand, what the state is facing and what the governor and Legislature are facing in these difficult fiscal times."   Justice Prudenti said she sees her role as the court system's "resource coordinator."  "I will take the resources we have and utilize them where they are most needed, and then look for other sources that can be of assistance in initiatives that are important to the chief judge," she said.  Judge Lippman acknowledged Justice Prudenti's new position will be "no picnic," especially in this fiscal environment.

"These are difficult times—difficult financial times, difficult fiscal times, a time of doing more with less, a time of great stress for state government and the judiciary," Judge Lippman said. "Gail is a very creative and innovative administrator and leader, and I think she recognizes that you have to think outside the box, that you can't just sit there and say 'woe is me.'"  Judge Lippman said that when he first approached Justice Prudenti about the position, "she was already thinking of new avenues and ways to get done what we need to get done."  Yesterday, Leslie D. Kelmachter, president of the New York State Trial Lawyers Association, said Judge Lippman made an “excellent choice” in Justice Prudenti, who has shown “outstanding leadership." Judge Ann Pfau led the court system through difficult financial times "with intelligence, industry and integrity. We will miss her," Ms. Kelmachter said, adding, "We are confident that Justice Prudenti will bring her considerable energy and skills to this new challenge. We look forward to working closely with her in the years to come."  Justice Prudenti is a graduate of Marymount College in Tarrytown and the University of Aberdeen in Scotland.  She said she attended law school in Scotland because of an interest in international law and a plan to practice in either London or Edinburgh, but found herself "terribly homesick."  As the graduate of a foreign law school, she had to petition the Court of Appeals for permission to take the bar examination. Years later, in 2006, Justice Prudenti was among the seven judges recommended by the Commission on Judicial Nomination for a position on the Court of Appeals. That appointment, by Mr. Pataki, went to Eugene F. Pigott Jr.  Justice Prudenti lives on Long Island with her husband, Robert J. Cimino, who previously served as Suffolk County Attorney and is now in private practice with Lewis Johs in Melville. As chief administrative judge, Justice Prudenti will be paid $147,600 annually. She makes $142,700 as presiding justice. Until a successor as presiding justice is designated by Governor Andrew M. Cuomo, William F. Mastro, the senior associate judge of the Second Department, will serve as acting presiding justice.  @|John Caher can be reached at jcaher@alm.com

A. Gail Prudenti, 58


Professional
• Presiding justice, Appellate Division, Second Department: 2002 to present
• Associate justice, Appellate Division, Second Department: 2001 to 2002
• Suffolk County administrative judge: 1999 to 2001
• Elected to Supreme Court: 2000

• Acting Supreme Court justice: 1996 to 2000
• Elected Suffolk County Surrogate: 1994
• Elected to Supreme Court: 1991
• Private practice in Hauppauge concentrating on trusts and estates: 1982 to 1991
• Suffolk County assistant district attorney, 1980 to 1982
• Law clerk, Suffolk County Surrogate's Court 1978 to 1980

Education
• L.L.B. (bachelor of laws), University of Aberdeen, Scotland, 1978

• B.A., Marymount College, 1974

Personal

Husband, Robert J. Cimino, former Suffolk County attorney now in private practice with Lewis Johs in Melville.

Major cases

Campbell v. Thomas, 73 AD3d 103 (2010)  -  Held that a caretaker who secretly married a dying retiree with dementia cannot claim an elective share of his estate (NYLJ, March 23, 2010). Although Justice Prudenti acknowledged that the woman, who married the retiree while his daughter—the primary caretaker—was away, "technically" had a legal right to an elective share as the surviving spouse, she wrote for the court: "It is 'an old, old principle' that a court, 'even in the absence of express statutory warrant,' must not 'allow itself to be made the instrument of wrong, no less on account of its detestation of everything conducive to wrong than on account of that regard which it should entertain for its own character and dignity.'"

Prichep v. Prichep, 52 AD3d 61 (2008)  -  Ordered interim counsel fees in a divorce action where the husband earned 100 times his wife's income. In this case, where Second Department reversed the trial court, Justice Prudent said: "An application for interim counsel fees by the non-monied spouse in a divorce action should not be denied—or deferred until after the trial, which functions as a denial—without good cause, articulated by the court in a written decision." (NYLJ, May 20, 2008)

Majlinger v. Cassino Contracting, 25 AD3d 14 (2005)  -  Justice Prudenti and her colleagues rejected an Appellate Division, First Department, ruling and held that illegal immigrants who are involved in workplace accidents can sue for lost wages (NYLJ, Sept. 23, 2005). "While state courts may not award damages that would interfere with or frustrate federal immigration policy, it is not appropriate for them to augment that policy by imposing upon undocumented aliens an additional penalty not authorized by federal law," she wrote in an opinion affirmed by the Court of Appeals.

Matter of Tara X. (NYLJ, Sept. 18, 1996)  -   As an acting Supreme Court judge, Justice Prudenti held that a court evaluator is not entitled to review an alleged incapacitated person's medical records if the individual opposes appointment of a guardian. "To hold otherwise would afford respondents in Article 81 proceedings a modicum of due process which falls below that afforded their counterparts in other legal proceedings and would effectively nullify the heavy quantum of proof imposed upon the petitioners seeking guardianship over non-consenting persons," she wrote.

20 comments:

Anonymous said...

Oh, brother. Doesn't look like we'll be seeing anything new. Let the OCA corruption continue !!

Anonymous said...

More of the same corrupt, incompetent, insiders.

Instead of actually hiring a qualified individual who was a professional administrator who could actually clean up the mess that these people create and install a state of the art, effective and functioning system to run the courts and the mountains of paperwork that is created, they put in another hack that can continue to cover-up the corruption.

How is Lippman going to spin this one to make it seem that this person, who has no qualifications to administer this dinosaur, is the least bit qualified?

Anonymous said...

Exactly where is it listed that Prudenti has any qualification to administer the court system? All this release has is that they were a judge.

Maybe Lippman knows that there isn't anyone actually running the court system since he had that job.

Anonymous said...

There's a great pix of Prudenti on the front page of The Law Journal. She's hot, but the photo might be 20 years old. Anyone know?

Anonymous said...

Did anyone notice that she was a Surrogate Judge? Say no more everyone knows the Surrogates are corrupt! What mob is she with?

Anonymous said...

Maybe someone can explain this?



"Applicant attended and was graduated with a first degree in law from a law school or law schools in the United States which at all times during the period of applicant's attendance was or were approved by the American Bar Association (ABA). (Section 520.3 of the Rules of the Court of Appeals)"


They are allowed to take some classes abroad, but only through a US school and must graduate from a US authorized law school.


Or is this just more of the policy of the court administration is that the law and rules don't apply to them?


Motto of the NYS Courts must be "Let them eat cake."

Anonymous said...

The above comment was somehow partly deleted, and should have noted that Angela Gail Prudenti graduated from a law school in Scotland, and not the US as required.

The root of the Evil said...

What corruption in Suffolk courts did she end as Administrative Judge? None. She's a people person which means she does favors for her friends and not treat all equally under the law. Who would a corrupt Lippman chose, but another devil? An honest surrogate judge in NY is like a vegan vulture.

Anonymous said...

It is a horrible thing that Sam Friedlander did to his family. There is no excuse for it,but when will the corrupt judges and lawyers stop ripping fathers away from their children.One would think that a tragedy like this happening to one of their own might make them reconsider,dont hold your breath.
Linda Christopher and other disturbed and mentally ill judges and attorneys will barely take notice. When power and money rule your life you have long ago chosen between good and evil and have firmly sealed your fate.
It matters not how much you attend mass,service or synagogue.If you make your living hurting children by taking their mother or father away from them, you will have to answer for your actions.

Anonymous said...

More evidence that the MAFIA runs the court system

Anonymous said...

I'm speechless. I'm a Conservative Republican. Who knew?



Republicans Turn Judicial Power Into a Campaign Issue

By ADAM LIPTAK and MICHAEL D. SHEAR
Published: October 23, 2011


"WASHINGTON — Republican presidential candidates are issuing biting and sustained attacks on the federal courts and the role they play in American life, reflecting and stoking skepticism among conservatives about the judiciary."


"“If you want to send a signal to judges that we are tired of them feeling that these elites in society can dictate to us,” Mr. Santorum said at an event in Ames, Iowa, “then you have to fight back. I will fight back."


"Gov. Rick Perry of Texas favors term limits for Supreme Court justices."


"Criticism of "activist judges" and of particular Supreme Court decisions has long been a staple of political campaigns. But the new attacks, coming from most of the Republican candidates, are raising broader questions about how the legal system might be reshaped if one of them is elected to the White House next year."

It's about time.
http://www.nytimes.com/2011/10/24/us/politics/republicans-turn-judicial-power-into-a-campaign-issue.html?hp


I say, Vote for Rick Perry.

Anonymous said...

If you had been paying attention and not listening to or following the crowd,you might have figured out though all politicians must be watched,the democrats have long ago become the party of radicals that enable people to stay poor and uneducated. They refuse to listen to reason and are intolerant of other views.

Evil Eye said...

Oh! Great the rules say you had to go to law school is the US and this bimbo went in the UK! See no Evil, Hear no Evil and Speak no Evil! What's some corruption between friends? Don't worry about it the gangsters are in charge!

Anonymous said...

In today's New York Times Opinion Page Prudenti has the answer to her problem of not having gone to a US law school, the writer, Clifford Winston asks:

Are Law Schools and Bar Exams Necessary?

He recognizes that the legal industry is just a monopoly which has been made possible by its self-imposed rules and state licensing restrictions. He calls out the "legal industry" for their sham arguments that it's needed for "quality control" because consumers can't know in advance who is competent and honest.

Winston says that: Rather than improving quality, the barriers to entry exist simply to protect lawyers from competition with non-lawyers and firms that are not lawyer-owned — competition that could reduce legal costs and give the public greater access to legal assistance.

He also says that of all complaints against lawyers in 2009, only .06 percent were disbarred. Pathetic.

He goes on to suggest how eliminating the monopoly attorneys have would provide more and better legal services.

He also discusses Avvo, a legal-information provider who has has been the target of a class-action suit filed by lawyers who disapprove of the firm’s ratings system. By threatening lawsuits and not cooperating with Avvo’s requests for information about attorneys’ licensing and disciplinary records, several states have impeded Avvo’s ability to provide information.


Never heard of Avvo (avvo.com), but apparently is was started in 2007 and rates doctors and lawyers. Apparently you can submit questions and get answers from attorneys. It will be interesting to see if they actually succeed or if they too become corrupted.

Anonymous said...

Looks like Oklahoma is the only place in the US that has any sense or ethics left.

Ex-judge Donald Thompson, busted for using penis pump during trials, has pension cut off

BY PHILIP CAULFIELD
DAILY NEWS STAFF WRITER

Wednesday, October 26th 2011, 10:13 AM

A former Oklahoma judge who served prison time for using a penis pump while he presided over trials will have his hefty pension yanked for good, a court decided on Tuesday.


"That trial resulted in conviction of felonies. Those felonies violated Mr. Thompson's oath of office," the judge said.



Read more: http://www.nydailynews.com/news/national/2011/10/26/2011-10-26_exjudge_donald_thompson_busted_for_using_penis_pump_during_trials_has_pension_cu.html#ixzz1bttZYunb


Way to go Sooners!

Anonymous said...

Anyone watch the NYPD storm the BX Court today?

One thing you can say about them it that they are corrupt and proud of it. They are so bold, they are threatening the DAs and everyone at One Police Plaza.

Maybe while they are calling out the rest of the department, they'll include everyone in the court's that are involved in the charade they have been calling justice.

Anonymous said...

For the most part tickets are at the most a violation.An officer reserves the right to warn and admonish,rather than to issue a ticket.I admit changing a ticket once it has been given is another step forward,but the Mayor and Police Commissioner very well know that this has been going on for the last 60 years. To charge them criminally is insane considering the level of corruption that goes on at the highest levels of government everyday. They are the scape goats so everyone is too busy watching the police fiasco rather than looking at the the real criminals: The LAWYERS and The JUDGES !!!

Anonymous said...

Hey everyone can figure this out- THE COPS TOOK THE FALL FOR THE JUDGES AND LAWYERS! If I were a cop I would look to screw each and everyone of them

Anonymous said...

Tickets were changed a number of years ago in order to stop the ability to fix tickets. They all knew that tickets were changed because tickets were being fixed and the new form was supposed to present this. Clearly it didn't work, but every cop knows that it's illegal.

They are probably correct that it goes on all the way up the chain of command. What is really interesting is how not one of the other DAs in the city is doing anything about it despite having been given information on specific instances of ticket fixing.

Anonymous said...

Anyone have an interest in co authoring a best seller on this stuff? Great movie material also.
I have thousands of forged court documents and hard evidence of mortgage fraud benefiting both cops and judges in Suffolk.
48 hours or 60 minutes would blow this up like a bill board across the USA.All would know what NY courts are doing in the name of injustice and self enrichment.
Surrogates courts murdering select victims.Stealing estates.Not enough.Filing fraudulent Life Insurance Claims on their victims.All in collusion with insurance companies/others.Should victim be a veteran.They give him military life insurance.Collect that.Go to surrogates court Riverhead.Browse through some files.You'll see.

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See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
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