New judges at the Appellate Division

The New York State court system experienced significant changes in 2021 with several judicial appointments to the Appellate Division, the state’s intermediate appellate courts that handle appeals from trial courts. These appointments are particularly important for practitioners in New York no-fault insurance law and personal injury cases, as the Appellate Division frequently reviews decisions involving insurance disputes, medical examinations, and coverage determinations.

The Appellate Division is divided into four departments, with the First Department covering Manhattan and the Bronx. When experienced trial judges are elevated to the appellate level, it can significantly impact how cases are decided and how legal precedents develop. For attorneys practicing in areas like no-fault insurance litigation, understanding the judicial landscape and the backgrounds of appellate judges helps predict how courts might approach complex legal issues.

Judicial appointments to the Appellate Division are made by the Governor from among sitting Supreme Court justices. These appointments reflect not only legal acumen but also temperament, work ethic, and judicial philosophy. When judges with extensive trial experience and demonstrated fairness are elevated, it strengthens the quality of appellate review and ensures that lower court decisions are scrutinized by justices who understand the practical realities of litigation.

The 2021 Appointments

In 2021, Governor Cuomo announced several new appointments to the Appellate Division, First Department, including the designation of Justice Dianne T. Renwick as Presiding Justice and the appointments of several associate justices. Among these appointments were Justice Hector D. LaSalle and Justice Robert R. Reed, both of whom brought significant trial court experience to the appellate bench.

Justice LaSalle, who had served on the Supreme Court in Nassau County, was later designated as Presiding Justice of the Second Department before his controversial nomination to the New York Court of Appeals. Justice Higgitt’s elevation recognized his intellectual capabilities and work ethic developed during his time as a law secretary in the Bronx before becoming a judge.

These appointments reflected a generational transition as experienced appellate justices reached mandatory retirement age, creating opportunities for newer voices while maintaining institutional knowledge and judicial excellence.

Jason Tenenbaum’s Analysis:

I was actually excited to see some of the new Judges that are headed to the Appellate Divisions. According to the Law Journal, Lasalle (new presiding judge) and Higgitt are being promoted amongst others. Higgitt is a work-horse and very smart. He was one of the smarter law secretaries in the Bronx and I was delighted to see his ascension once old age forced some of the old timers to retire. I would say the First Department will absolutely benefit from his presence. Justice LaSalle I recall as being an even handed and fair jurist, this is his becoming the PJ is a fair outcome

Legal Significance

The composition of the Appellate Division matters greatly for practitioners because these courts establish binding precedent within their departments and persuasive authority throughout New York. In areas like no-fault insurance law, where regulatory interpretation and procedural requirements frequently generate appeals, having justices who understand both the letter of the law and practical litigation realities can lead to more nuanced and workable decisions.

Justices with trial court experience bring valuable perspective to appellate review. They understand the challenges judges face in managing crowded dockets, evaluating credibility, and applying complex procedural rules in real time. This experience can translate into appellate decisions that are both legally sound and practically implementable.

The First Department in particular plays a crucial role in New York jurisprudence, handling appeals from Manhattan and the Bronx—jurisdictions with high volumes of complex commercial, insurance, and personal injury litigation. Strong appellate justices in this department help ensure consistent application of legal principles across thousands of cases annually.

Practical Implications

For attorneys practicing before the Appellate Division, First Department, understanding the backgrounds and judicial philosophies of the justices can inform appellate strategy. Justices with trial court experience may be particularly attuned to arguments about trial court discretion, evidentiary rulings, and case management decisions. Their opinions may reflect practical considerations alongside pure legal analysis.

The transition to new appellate justices also creates opportunities for fresh perspectives on recurring legal questions. While stare decisis ensures consistency, new justices sometimes identify areas where prior precedent may need reconsideration or clarification. Attorneys should monitor early decisions from newly appointed justices to understand their analytical approaches and potential areas of doctrinal evolution.

For litigants, the quality and fairness of appellate justices directly affects the likelihood of obtaining meaningful review of trial court errors. When experienced, intelligent, and hardworking justices occupy appellate seats, parties can have confidence that their appeals will receive careful consideration and principled resolution.

Key Takeaway

The elevation of experienced and capable jurists like Justice LaSalle and Justice Higgitt to the Appellate Division represents positive changes for New York’s legal system. Their backgrounds suggest they will bring both intellectual rigor and practical courtroom experience to appellate decision-making, which could benefit practitioners and litigants in complex areas like insurance law and civil litigation.

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