A tribute to presiding Justice Anthony V. Cardona: a great jurist and dynamic leader of the Appellate Division, Third Department.

• Jurisdiction: United States
• Date: 22 March 2010
• Author: Lippman, Jonathan

It is a privilege to pay tribute in writing to the Honorable Anthony V. Cardona, presiding justice of the Appellate Division, Third Department. I commend the Albany Law Review for dedicating the inaugural issue of New York Appeals to Justice Cardona--a superb judge, dynamic leader, and dedicated public servant who richly deserves the honor. I have worked closely with Presiding Justice Cardona for more than two decades and so greatly respect and admire his abilities as a judge and judicial administrator and his deep commitment to the courts and the legal community of this state.

I am also particularly pleased that the Albany Law Review is focusing on the work of the appellate divisions in New York State. As a former presiding justice of the Appellate Division, First Department, I believe that the importance of our intermediate appellate courts is not always fully appreciated. Inasmuch as the jurisdiction of the New York Court of Appeals renders it primarily a certiorari court that hears a limited number of appeals as of right, the four appellate divisions have significant precedential impact as the courts of last resort for the vast majority of appeals.

The Appellate Division, Third Department, which hears about 2,000 appeals and 6,000 motions each year covering a wide range of civil and criminal matters, has always been especially influential because of its location in the state capitol. (1) The court reviews Article 78 proceedings brought against the state and its many agencies and is called upon regularly to decide important legal issues that affect the law of our state, the contours of state government and the lives of all New Yorkers. (2)

Under the strong leadership of Presiding Justice Cardona--the longest serving presiding justice in the state--the Third Department has only strengthened its reputation for excellence over the last sixteen years. Practitioners and judges alike praise the abilities and work product of the Third Department's justices, who are known to be exceptionally sound in their legal judgments. The court consistently manages to balance promptness and productivity with scholarly, well-crafted decisions. The vast majority of appeals are decided within four to six weeks, generally in signed, carefully reasoned opinions that provide clear guidance for practitioners and the lower courts. Reflecting the work ethic, energy and preparedness of its presiding justice, the Third Department is known as a "hot bench," always prepared and knowledgeable at oral argument. The bottom-line is that the court is very well led and administered. As one article aptly observed: "The mark of the Cardona court ... is preparedness, punctuality and productivity." (3)

Justice Cardona himself is well-versed in the law. In his deliberations and writings, he embodies the rigorous scholarship, reasoned and deliberative process of decision-making, and high ethical standards that characterize the best traditions of judging. Justice Cardona has participated in literally thousands of decisions over the years, and while a comprehensive assessment of his jurisprudence is certainly warranted after nearly two decades on the appellate division, such an effort is beyond the scope of this tribute and would surely take up many future volumes of New York Appeals. Nonetheless, anyone who takes the time to review even a few of his most significant decisions over the years cannot fail to be impressed by his exacting analysis and scholarship, clear and direct writing style, sensitivity for the parties, and the ability when necessary to set forth competing views of the law...