F
| Author | Elizabeth Smith/Mark Thompson |
| Pages | 364-397 |
FAHEY, EUGENE M.
Justice, Appellate Division, Fourth
Judicial Department
Appointment/Election: Appointed
December 22, 2006.
Previous Experience: Justice, New York
State Supreme Court, Jan. 1997 to Dec.
2006; Justice, Commercial Division, Eighth
Judicial District Supreme Court, Erie County,
Jan. 2005 to Dec. 2006; Judge, Buffalo City
Court, 1995-1996; Trial Attorney, Law Office
of Richard L. Woll, Buffalo, NY, 1985-1993;
Judicial Law Clerk, N.Y.S. Court of Claims,
Judge Edgar NeMoyer, Buffalo, NY, 1985;
Council Member at Large, Buffalo Common
Council, Buffalo, NY, 1982-1983; University
District Member, Buffalo Common Council,
Buffalo, NY, 1978-1982.
Honors and Memberships: Member:
New York State Bar Association; U.B. Law
Alumni Association; Inductee, St. Joseph’s
Collegiate Institute Signum Fidei Society;
Association of Trial Lawyers of America;
Erie County Bar Association.
Teaching/Lectures/Publications:
Publications include: “New York State-Federal
Judicial Council-Advisory Group Second
Circuit CLE Program,” Topic—“Ethics Update:
Perspectives from the Federal and State
Judiciary,” May 9, 2011; “The New Politics of
Judicial Elections” (Partnership for the Public
Good), Nov. 16, 2010; “Contracts for Services,”
(Chapter 64, Haig, Commercial Litigation in
New York State Courts, 3rd ed.), 2010; “Views
from the Bench on Brief Writing and Oral
Advocacy” (UB Alumni-Gold Group), April 27,
2010; “Civility at the Appellate Division, from
the Bench and Bar” (Inns of Court-Erie
Institute of Law), March 24, 2010; “Hot Topics
and Recent Cases for Commercial Practioners”
(Erie Institute of Law), October 10, 2008; “A
CLE Symposium and Reception to Meet the
Justices of the Fourth Department” (New York
State Bar Association), May 16, 2007; Topic—
“Perspectives on Brief Writing and Oral
Advocacy—A View from the Bench”; “Ethics
and Professionalism,” Topic—“Judicial Tools
to Regulate Discovery” (New York State Bar
Assn.), Dec. 13, 2006; “Legal Nurses
Seminar,” June 18, 2004; “Discovery 2004”
(New York State Bar Association), May 7,
2004; “Practice of Medicine in a Changing
Environment: Legal, Regulatory and Payment
Issues” (Erie Institute of Law), September
2003; “Selection and Use of Experts” (New
York State Bar Association), May, 2003; “A
Judicial Perspective on Expert Witnesses”
(New York State Bar Association), October 17,
2001; “The Basics of Discovery in New York—
Statutes, Case Law and Practical Pointers”
(New York State Bar Association), October 13,
2000; “A Primer on the Evaluation and
Negotiation of a Tort Case” (New York State
Bar Association), May 21, 1999.
Education: M.A., State University of New
York at Buffalo (1998, European History);
J.D., State University of New York at Buffalo
(1984); B.A., State University of New York at
Buffalo (1974, Political Science, cum laude).
Biographical Data: Married; one daugh-
ter. Judge Fahey enjoys music and sports.
Recent Noteworthy Decisions: Preston v.
APCH, Inc., 89 AD3d 65 (4th Dept. 2011);
People v. Jerge, ___ AD3d ___ (4th Dept 2011);
Matter of the State of New York v. Campany,
77 AD3d 92 (4th Dept 2010); Matter of Irwin v.
Onondaga County Resource Recovery Agency,
70 AD3d 314 (4th Dept 2010); Matter of
Macula v. Board of Educ., 75 AD3d 1118 (4th
Dept 2010); Progressive Halcyon Ins. Co. v.
Giacometti, 72 AD3d 1503 (4th Dept 2010);
Carlineo v. Akins, 71 AD3d 1535 (4th Dept
2010); People v. Groth, 71 AD3d 1391 (4th
Dept 2010); People v. Rivera, 70 AD3d 1484
(4th Dept 2010); People v. Riddick, 70 AD3d
1421 (4th Dept 2010); Burnett v. Columbus
McKinnon Corp., 69 AD3d 58 (4th Dept 2009);
Matter of Lighthouse Pointe Property
Associates, LLC, v. New York State Department
of Environmental Conservation, 61 AD3d 88
(4th Dept 2009); Destiny USA Holdings, LLC v.
Citigroup Global Markets Realty Corp., 69
AD3d 212 (4th Dept 2009); Borzillieri v. Jones,
68 AD3d 1668 (4th Dept 2009); Strnad v.
Garvin, 64 AD3d 1230 (4th Dept 2009), affd
13 NY3d 851; Wicks v. Trigen-Syracuse Energy
Corp., 64 AD3d 75 (4th Dept 2009); Matter of
Seventh Report of Seneca County Special
Grand Jury of Jan. 2007, 60 AD3d 1446 (4th
Dept 2009); People v. Maliszewski, 60 AD3d
1435 (4th Dept 2009), affd 13 NY3d 756); Fear
& Fear, Inc. v. N.I.I. Brokerage, L.L.C., 50 AD3d
185 (4th Dept 2008); Schosek v. Amherst
Paving, Inc., 53 AD3d 1037 (4th Dept 2008),
rev’d 11 NY3d 882; People v. Buchanan, 53
AD3d 46 (4th Dept 2008), rev’d 13 NY3d 1;
People v Bauman, 51 AD3d 316 (4th Dept
346 Fahey New York Judge Reviews
2008), aff’d 12 NY3d 152; St. Joseph Hosp. of
Cheektowaga v Novello, 43 AD3d 139 (4th
Dept 2007), lv denied 10 NY3d 702;
Swierczynski v. O’Neill, 41 AD3d 1145 (4th
Dept 2007), lv denied 9 NY3d 812; Paragon
Restoration Group v. Cambridge Square
Condominiums, 2007 NY Slip Op. 52579(U)
(2007); Michael C. Ottaviano, et al. v. Genex
Cooperative, Inc., et al., 3 Misc.3d 1024, 775
N.Y.S.2d 802 (2004); In the Matter of the
Application of Nora Wright, Petitioner, for
Judgment Pursuant to CPLR Article 78 v. New
York State Office of Children and Family
Services, Erie County Department of Social
Services, and New York State Central Register
of Child Abuse and Maltreatment, 2003 N.Y.
Slip Op. 51083(U) (2003) (published electroni-
cally); Richard Musilli v. City of Buffalo, et al.,
City of Buffalo, et al. v. Buffalo Professional
Firefighters Association, et al., 195 Misc.2d
Corporation v. Erie County Industrial
Development Agency, 195 Misc.2d 164, 757
N.Y.S.2d 696 (2003); Wick v. Encompass
Insurance Company, et al., 191 Misc.2d 449,
742 N.Y.S.2d 813 (2002); Buffalo and Fort Erie
Public Bridge Authority v. City of Buffalo, et al.,
182 Misc.2d 159, 696 N.Y.S.2d 799 (2000);
City of Buffalo v. New York State Department of
Environmental Conservation, et al., 184
Misc.2d 243, 707 N.Y.S.2d 606 (2000).
Address: Appellate Division, 4th Dept.
50 Delaware Avenue
10th Floor
Buffalo, NY 14202
Phone: (716) 845-9444
E-Mail: efahey@courts.state.ny.us
ATTORNEYS’COMMENTS
TEMPERAMENT/DEMEANOR
Most of the interviewees had something
positive to say about Judge Fahey’s
demeanor. They opined, “It’s fine. He’s easy
to approach,” “He’s all business—very seri-
ous” and “He’s got an average demeanor for a
judge.” Two others shared slightly less posi-
tive opinions. They said, “He’s got a forceful
personality” and “He’s generally friendly but
can be moody at times.”
ON THE BENCH
Some interviewees described Judge
Fahey’s legal knowledge as “average,” while
others said, “He really knows the law,” “His
legal knowledge is generally good—but you
can be disappointed in specialized areas,”
and he is “usually well prepared.” Members
of the bar also said that this jurist’s court-
room is “relaxed yet still formal,” “pretty
strict,” “formal,” “strict” and “fairly relaxed.”
Every interviewee complimented Judge Fahey
for nearly always being “polite” or “cordial” to
all who appear in his courtroom, and some
were quick to say that this judge usually
does an “efficient” or “good job.” One attorney
expressed his displeasure with Judge Fahey
saying, “He’s generally not well prepared
[and] I don’t think he does an efficient job.”
ONTRIAL
Every interviewee said Judge Fahey’s
courtroom is an “attorney-friendly” or “com-
fortable” place to try a case. Some lawyers
think this jurist keeps an open mind—while
others disagreed and said they think he
tends to “prejudge cases.” Attorneys were
evenly split as to how fast cases move
through this judge’s courtroom. Two said
they move through at an “average” pace—
while two others said that they move “a bit
faster” or “fairly fast.”
SETTLEMENTS
Several interviewees said they were not
comfortable evaluating this judge’s settle-
ment skills. Those who volunteered opinions
said, “He really tries to get very involved
with hammering out settlements,” and “[His
settlement and negotiating skills are] aver-
age.” One lawyer offered the following warn-
ing: “Be careful—he doesn’t always keep
confidences (related to specific figures)
you’ve shared with him in private.”
ADJOURNMENTS/CONTINUANCES
Most interviewees seem to think Judge
Fahey is reasonable about granting adjourn-
ments based on good cause. Two of them
said you have an “average” chance of getting
one from him [as compared to other local
judges,] while others opined, “[It’s] not a
problem if you’ve got a good reason” and “I’d
say he’s more likely to grant one” than some
judges. Another lawyer offered a more mea-
sured opinion and said, “[The] first one—no
problem. Additional ones—big problem.”
PROCLIVITIES
Interviewees expressed mixed opinions
about Judge Fahey’s neutrality. Some said he
is basically fair, while others said he is a bit
Profiles Fahey 347
biased. Those who believe Judge Fahey tends
to be fair said, “He’s pretty evenhanded,” “He’s
neutral” and “[In terms of fairness,] he’s above
average.” Those who think Judge Fahey may
be biased said, “He’s defense-oriented,” and
“He leans toward the defendants.”
SUGGESTIONS/SUMMARY
Interviewees described Judge Fahey’s
courtroom as an “attorney-friendly” or “com-
fortable” place. They think this jurist is gen-
erally competent and cordial to everyone.
There was some split of opinion concerning
Judge Fahey’s neutrality.
FAHEY, JOSEPH E.
Judge, Fifth Judicial District Supreme
Court, Onondaga County
Appointment/Election: Elected in
1996; reelected in 2007; current term
expires in 2016.
Previous Experience: Partner, Wiles &
Fahey law practice, Syracuse, NY; Senior
Staff Attorney, Frank H. Hiscock Legal Aid
Society, NY, 1976-1979.
Honors and Memberships: Received:
Presidential Award of Special Recognition,
New York State Association of Criminal
Defense Lawyers, 1995. Member: Onondaga
County Bar Association (Chairman, Criminal
Law Committee, Member, Judiciary
Committee, and former Board of Directors
member (1986-1988)); Central New York
Women’s Bar Association; National
Association of Criminal Defense; Lawyers
Assistance Strike Force; New York State
Defenders Association; Committee Member,
Chief Judy Kaye’s Grand Jury Reform
Project; Commission on the Future of
Indigent Defense; Advisory Committee, Legal
Assistant/Legal Studies Program, Syracuse
University. Former Member: Board of
Education, City of Syracuse (President,
1990-1991; Commissioner, 1985-1993);
Onondaga County Metropolitan Water
Board, 1979-1990; Brighton Family Center,
Syracuse, NY (Board of Directors, 1976-
1978); Salt City Performing Arts Center
(Board of Directors, 1986).
Admission: Admitted to the Appellate
Division, Fourth Department, New York State
Supreme Court in 1976; United States Court
of Appeals, Second Circuit, 1980.
Certification in Criminal Trial Advocacy from
the National Board of Trial Advocacy, 1984,
and re-certified in 1989.
Teaching/Lectures/Publications:
Adjunct Professor of Law, Trial Practice,
Syracuse University College of Law, NY.
Lecturer: Trial Practice Seminar, Assigned
Counsel Program, Onondaga County Bar
Association; 11th Annual Basic Course for
Prosecutors, New York State Division,
Criminal Justice Services, Albany, NY.
Publications: “Criminal Law in New York July
2006-June 2007,” The 2006-2007 Survey of
New York Law, 58 Syracuse Law Review No.
4, 2008; “Criminal Law in New York July
2005-June 2006,” The 2005-2006 Survey of
New York Law, Syracuse Law Review No. 4,
2007; “Death Penalty Jurisprudence in New
York and the Supremacy Clause of the United
States Constitution: How Supreme Is It?,” 27
Pace Law Review No. 3, 2007; “Death Penalty
Jurisprudence in New York 1995 to Present,”
24 Pace Law Review No. 1, Fall 2003.
Education: L.L.M in Criminal Law,
University of Buffalo Law School, NY (2003);
J.D., Syracuse University College of Law, NY
(1975); B.S., University of Tennessee (1971);
A.A., Onondaga Community College (1969).
Biographical Data: Born on June 30,
1949. Married; two children.
Address: Criminal Courts Building
505 South State Street
3rd Floor, Suite 360
Syracuse, NY 13202
(chambers)
Phone: (315) 671-1050
Fax: (315) 671-1189
E-Mail: jfahey@courts.state.ny.us
Court Officer: Gordon Belair
IAS Part Clerk: Kelly Redmore
Law Clerk: Lisa Garabedian
Secretary: Catherine DiBiase
FARBER, THOMAS A.
Acting Justice, Criminal Term, New York
County Supreme Court
Appointment/Election: Appointed to
Supreme Court by Chief Administrative
Judge Jonathan Lippman, 2003-present;
Appointed to the Criminal Court of the City
348 Fahey New York Judge Reviews
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