The Road to the Court: Court of Appeals Judges Reflect on What Shaped Their Legal Careers

Image: Official Court of Appeals portraits of Hon. Joseph W. Bellacosa, Hon. Richard C. Wesley, and Hon. Judith S. Kaye

Oftentimes, legal history focuses on the facts of the case, the letter of the law, and clearly outlining one’s argument, making it easy for perception to become lost in the technical writing. However, this is where the Historical Society’s Oral History Project enters the scene. Starting in 2005, the Society has recorded the reminiscences of some of New York’s most prominent Bench and Bar members, which includes judges from the bench of the Court of Appeals. In certain cases, Court of Appeals judges knew right away that they were interested in a career in the legal field, but not always. Read on to learn about the moments that brought these future judges to become lawyers. For more stories from these judges and other New York legal luminaries, visit our Oral History page.

Hon. Joseph W. Bellacosa (Associate Judge, 1987-2000) reflects on his upbringing in Brooklyn:

…My grandmother was a very, very tolerant woman, who when she cooked a meal, everybody sat down and ate together. So at a very early age I was sitting having meals with — at that time, African American Black guys who were working in the ice business that my grandfather founded that my father worked in, carrying ice into tenements. They sat with us as equals. It was a tremendous value piece that has affected everything in my life. And I’m very grateful to her for giving me that…

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Calendar Feature: August 2018 – Rent

Did you know the Broadway musical Rent was involved in litigation in New York City? Learn about the case and court involved in our 2018 calendar, which is featured this month!

Image: The cast of Rent at New York Theater Workshop, 1996, photographed by Sara Krulwich for the New York Times. Copyright Sara Krulwich/The New York Times
Image: Poster for Giacomo Puccini’s opera La bohème with artwork by Aldofo Hohenstein 1896. Courtesy of Wikimedia Commons

The rock musical Rent with music, lyrics, and book by Jonathan Larson, is loosely based on Giacomo Puccini’s La Boheme and involves a group of talented young artists trying to succeed in New York.

The production first appeared at the New York Theatre Workshop in 1993. The show won a Pulitzer Prize for Drama and moved to Broadway in 1996.

On Broadway, Rent gained critical acclaim and won a Tony Award for Best Musical among other awards. The Broadway production closed on September 7, 2008 after a 12-year run of 5,123 performances.

In Thomson v. Larson, 147 F.3d 195 (2d Cir. 1998), Lynn Thomson claimed that, along with principal playwright Jonathan Larson, she co-authored a “new version” of the musical. The two, however, did not specify their respective rights by contract, and the case raised the question whether Rent qualifies as a statutory “joint work” co-authored by Thomson.

The U.S. Court of Appeals, Second Circuit determined that Thomson was not a co-author of Rent, in that she did not meet her burden of establishing that she made independent copyrightable contributions to the musical or that the parties fully intended to be co-authors.

Battle in Brooklyn: The Cross-examination of Henry Ward Beecher at the Trial of the Century

This article was written by Michael A. Green. Michael was a partner at the law firm Shereff Friedman Hoffman & Goodman, and since 2009, he has been restoring the 1868 Fullerton Mansion in Newburgh, New York. In Issue 13 of Judicial Notice, the Historical Society’s journal which focuses on New York’s legal history, he explores the William Fullerton’s cross-examination of Henry Ward Beecher in greater detail. This issue will be arriving on your doorstep soon but only if you are a Society member. Don’t miss out on this terrific profile and more, join the Society now!

Image: William Fullerton, Esq. at the Tilton-Beecher trial. The Daily Graphic, February 1, 1875, vol. VI, no. 592

For nearly 140 years, writers and social historians have been fascinated by a single 1875 trial — Tilton v. Beecher. The underlying story of an ill-fated love triangle combined Shakespearean elements of high drama with tabloid level juicy scandal.

Reverend Henry Ward Beecher’s outspoken views had generated a list of enemies to rival nearly any major American historical figure, and in the background, were larger issues that presage today’s “culture wars.”

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Women Who Blazed New Paths in the Law

On June 21st, the Society hosted its second Judith S. Kaye Program: Conversations on Women & the Law in an event co-sponsored by the New York City Bar Association’s Women in the Legal Profession Committee, entitled Then & Now: A Look Back at Trailblazers & Forward – Has Equality for Women Been Achieved? The program featured a presentation by Hon. Victoria A. Graffeo on women pioneers in the legal profession, and this week we publish an adapted version of her remarks. Soon, we will have the full program video available online!

Judge Victoria Graffeo is a pioneer in her own right as the first Italian-American woman to sit on the New York State Court of Appeals, where she served from 2000 to 2014. She is currently a partner at Harris Beach, PLLC, where she is the leader of the Appellate Practice Group and Alternative Dispute Resolution Practice Group. Prior to joining Harris Beach, Judge Graffeo spent 32 years in government service, holding positions in all three branches of state government before being elected as a Justice of the Supreme Court in the Third Judicial District and later appointed as an Associate Justice of the Appellate Division, Third Department.

Photo: Hon. Victoria A. Graffeo giving her presentation during the June 21st program at the New York City Bar Assoc.

We are going to step back in time to give much deserved recognition to a select group of courageous and determined women who were “firsts” in paving the way toward inclusion in the legal profession. It was not easy for them to succeed in their dreams, but there is a common theme in their stories  perseverance. When the door opened a crack, they kicked it down and demonstrated that women are not only competent attorneys, but leaders as well.

KATE STONEMAN
FIRST WOMAN ADMITTED TO PRACTICE

Kate Stoneman
Kate Stoneman

We begin with the first woman who gained admission to practice law in New York State. Kate Stoneman was born in 1841 on Chautauqua Lake in western New York. While studying teaching at the Normal School in Albany, she worked as a copyist for the State Reporter for the New York Court of Appeals. This position exposed her to court decisions, and her interest in the law grew when she served as an executrix for a great aunt. Altering her career plans at the age of 41, she began clerking for an attorney and after three years of study, she became the first woman to pass the New York bar examination. However, in 1886, judges of the New York Supreme Court denied her admission to the bar because of her gender.

 

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Pioneering City Planning in the Heart of NY: George McAneny, Rapid Transit, Zoning, & the Civic Center

Photo: Portrait of George F. McAneny, courtesy of the New York Preservation Archive Project

Prof. Charles Starks’s presentation on George F. McAneny completes our three-part series on the public program History of Foley Square: New York Legal Landmarks & Civic Reform. This event, held on February 27, 2018 at the New York City Bar Association, described the migration of court buildings to Foley Square, architectural concerns surrounding the Square’s creation, and the role of city planner George McAneny in this development. Robert Pigott, Jon Ritter, and Charles Starks presented, while Second Circuit Judge Hon. Dennis Jacobs joined the panel discussion after the presentations. The Society’s President Hon. Albert M. Rosenblatt moderated the panel.

This presentation Pioneering City Planning in the Heart of New York: George McAneny, Rapid Transit, Zoning, and the Civic Center described the role of George McAneny in developing Foley Square into Manhattan’s civic center. McAneny was New York City’s foremost advocate of city planning in the first half of the 20th century. He negotiated contracts to build the city’s subway lines and developed comprehensive zoning law, both of which shaped the future development of downtown Manhattan. McAneny made his influence felt in many other civic debates, including the accommodation of the city’s growing number of courthouses and municipal offices around City Hall Park.

[youtube https://www.youtube.com/watch?v=kc9lFsue0w0]

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Get to Know: Hon. Peter Tom

In part two of our two-part celebration of Asian/Pacific American Heritage Month (part one is here!), we get to know more about Hon. Peter Tom. Originally interviewed by Society President, Hon. Albert M. Rosenblatt, for our 2017 gala film Get to Know the Four Presiding Justices of the NYS Appellate Divisions when he served as Acting Presiding Justice of the First Department, Justice Tom spoke about his upbringing and burgeoning interest in a law career.

Justice Tom currently serves as Associate Justice of the Appellate Division, First Department. He began his career as a judge in the Housing Court of the City of New York over 30 years ago, where he was the first Asian-American appointed to the court. Justice Tom is also the first Asian-American to win the New York City Golden Gloves Boxing Championship.

In this film, Justice Tom talks about his years as a young immigrant in tough NYC neighborhoods, his amateur boxing career, and his career trajectory to the First Department. This mini-oral history offers an insightful look at a prolific member of New York State’s bench.

[youtube https://www.youtube.com/watch?v=qKMnhwtgejQ&w=560&h=315]

Get to Know: Hon. Randall T. Eng

May is Asian/Pacific American Heritage Month, and last year, the Society had the terrific fortune to interview two pioneering Asian-Americans in the New York State Judiciary – Hon. Randall T. Eng and Hon. Peter Tom – for its 2017 gala film Get to Know the Four Presiding Justices of the NYS Appellate Divisions. Interviewed by Society President Hon. Albert M. Rosenblatt, both Justice Eng and Justice Tom gave insight into their lives and careers in these mini oral histories.

We start this celebration of Asian-Americans in the law with Hon. Randall T. Eng. Justice Eng retired after more than three decades on the bench, having been the first Asian-American appointed to the Criminal Court of the City of New York in 1983. Most recently, in another first, Justice Eng served as Presiding Justice of the Second Department. In addition to his judicial service, Justice Eng was a member of the New York Army National Guard from 1970 to 2004.

In this film, Justice Eng reflects on his family background and how he was drawn to the law at an early age, as well as how he had to deal with stereotypes as he progressed in his career. This film provides a fascinating personal look at one of New York’s top jurists.

[youtube https://www.youtube.com/watch?v=XC907JaZXic&w=560&h=315]

Drawing Circles & Hexagons Upon the Square: NY Civic Center & Progressive-Era Reform in the U.S.

Photo: 1913 postcard showing original design of the New York County Courthouse by Boston architect Guy Lowell

On February 27, the Society held History of Foley Square: New York Legal Landmarks & Civic Reform at the New York City Bar Association. This public program described the migration of court buildings to Foley Square, architectural concerns surrounding the Square’s creation, and the role of city planner George McAneny in this development. Robert Pigott, Esq., Prof. Jon Ritter, and Prof. Charles Starks. Second Circuit Judge Hon. Dennis Jacobs joined the panel discussion after the presentations, which was moderated by our President Hon. Albert M. Rosenblatt.

If you didn’t have a chance to come to the event, which drew a mix of lawyers, judges, historians, architects, and genealogists, you’re in luck! We filmed the entire program, and in a series of three blog posts, we will post the three presentations along with a little background information. This is the second of three.

[youtube https://www.youtube.com/watch?v=LUwuz2SAfK4]

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From City Hall Park to Foley Square: Government Buildings Take a Step Uptown

On February 27, the Society held History of Foley Square: New York Legal Landmarks & Civic Reform at the New York City Bar Association. This public program described the migration of court buildings to Foley Square, architectural concerns surrounding the Square’s creation, and the role of city planner George McAneny in this development. Robert Pigott, Esq., Prof. Jon Ritter, and Prof. Charles Starks presented. Second Circuit Judge Hon. Dennis Jacobs joined the panel discussion after the presentations, which was moderated by our President Hon. Albert M. Rosenblatt.

If you didn’t have a chance to come to the event, which drew a mix of lawyers, judges, historians, architects, and genealogists, you’re in luck! We filmed the entire program, and in a series of three blog posts, we will post the three presentations along with a little background information. This is the first of three.

[youtube https://www.youtube.com/watch?v=G7rtkraJeRw]

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Education Impact

Photo: Middle schoolers gain insight into New York’s legal history. Courtesy of photographer Editha Mesina & BHSEC

As the weather gets warmer and students head into spring break, we thought we’d share the thoughts of some of the administrators and teachers in our partner middle and high schools. Aisha Lloyd Williams is the Associate Head of School of George Jackson Academy, a middle school for underserved boys in lower Manhattan. William H. Hinrichs is the Dean of Academic Life at Bard Early Colleges, and the Society has partnered with Bard High School Early College (BHSEC) since 2010 on their lower Manhattan and Queens campuses. These schools have hosted our Judith S. Kaye Teaching Fellows in a program that was established to fund a visiting scholar or faculty member to develop and teach a semester-long course on topics related to the role of the courts in establishing and maintaining democracy in both the State and the nation. You can read about our first Fellow Dr. Julia Rose Kraut and her experiences here and here!

Aisha Lloyd Williams reflects on how the Judith S. Kaye Teaching Fellowship enriches her students:

George Jackson Academy has benefitted greatly from our partnership with the Historical Society of the NY Courts (HSNYC). Our students have been able to learn about the structure and functions of the Judicial Branch of government in New York, meet officers of the courts, visit actual courtrooms, and visit the District Attorney’s office. During their HSNYC class, students are able to engage in a rich dialogue about past court cases, laws, and make connections to themselves and the world around them.

William H. Hinrichs similarly reflects on the nearly decade long partnership between the Society and BHSEC:

Thanks to the Judith S. Kaye Fellowship, BHSEC students have been able to take classes with well-known scholars in New York history and New York law, gaining firsthand exposure to trends in legal thinking, the centrality of New York legal history to the understanding of American legal history and to the larger legal questions that concern us today. These courses also gave students a general foundation in the law, which they would not have had otherwise prior to graduation. Many students in the inaugural classes from Professor Julia Rose Kraut and from the current fellow, Anna Lind-Guzik, report a new or increased interest in pursuing careers in the law due to taking courses with these HSNYC fellows.

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