Gerald P. Garson
Encyclopedia
Gerald Phillip "Gerry" Garson (born August 3, 1932) is a former New York Supreme Court
Justice who heard matrimonial divorce and child custody
cases in Brooklyn
. He was convicted in 2007 of accepting bribes to manipulate the outcomes of divorce proceedings. Garson was imprisoned from June 2007 until December 2009.
In the bribery scheme, a "fixer" told people divorcing in Brooklyn that for a price he could steer their case to a sympathetic judge. After the fixer received a payment, he would refer the person to a lawyer contact of his, who had given Garson drinks, meals, cigars, and cash— accepting (and receiving) preferential treatment in return. The fixer and the lawyer would then bribe court employees to override the court's computer system, which was programmed to ensure that cases were assigned to judges randomly. Instead, they would have the case assigned to Garson. Garson, in turn, would then privately coach the lawyer. He would tell him questions the lawyer should ask of witnesses in the case before Garson, and arguments that the lawyer should make to Garson in court. Garson would then rule in favor of the lawyer.
Garson was indicted in 2003, on the basis of video surveillance of his judicial chambers, and recordings made on a body wire worn by his "favored" lawyer. At his four-week trial in 2007, he was acquitted on four counts, but found guilty on one count of accepting bribes, and on two lesser charges of receiving rewards for official misconduct. He was sentenced in June 2007 to three to ten years in prison. In December 2009, after 30 months in prison, he was released for good behavior at the age of 77.
The New York Times
, commenting on Garson's conviction, observed:
, and from the University of Pennsylvania Law School
. He is a U.S. Air Force veteran.
In 1962 he founded the law firm Gerber & Garson, on Court Street in Brooklyn, with Howard Gerber. The politically connected law firm is now known as Gerber & Gerber. In the 1970s and 1980s, Garson and his law firm had a lucrative practice representing owners of taxi fleets, defending taxi drivers and owners in negligence suits.
In 1984, Garson was censure
d by the state Appellate Division for "conferring gifts, gratuities and benefits", by giving an improper gift to a judge with whom he had a "long-standing social relationship". Garson and members of his firm regularly appeared before then-New York Civil Court
Judge Frank Vaccaro. In 1972, Garson treated Judge Vaccaro and his wife to a weekend vacation at Kutsher's County Club in the Catskills, and falsely registered the judge under an assumed name; later, he lied about the incident to investigators. Vaccaro, by then a New York State Supreme Court Justice, was suspended without pay for six months.
Garson was also Treasurer from the late 1980s until the mid-1990s for a political action committee
arm of the Brooklyn Democratic Party, the Brooklyn Democrats. He was appointed by his former law practice colleague, Brooklyn Borough President
Howard Golden
.
, the highest state court below the appellate level, and the equivalent of county court
. He was placed on the ballot by Clarence Norman Jr.
, a long-time Kings County Democratic Party leader. Garson won the Democratic primary, and then won the 1998 general election. He became a Justice of the State Supreme Court, with an annual salary of $136,700. His courtroom was in "Matrimonial Part 5B", in the Municipal Building on Joralemon Street in Brooklyn Heights.
In five years as a Justice, Garson handled 1,100 matrimony cases. He made decisions on child custody
, and divided families' financial assets.
In an anonymous survey of lawyers, he was described as "always well prepared", and as having "excellent settlement skills." In the 2004–05 edition of New York Judge Reviews and Court Directory, Garson received the following comments in anonymous reviews, under the section “Temperament/Demeanor”:
. In 2001, he was applauded by feminists for ordering an Orthodox Jewish man to pay his ex-wife $500-a-week for life, because the man refused to grant her a religious divorce, or get
.
. The mother of three was at the time embroiled in a bitter child-custody dispute, that was being heard by Garson. She complained that she had been told that her husband, Yuri Hanimov, had bribed the judge to fix their case, and that he had done so through Nissim Elmann (reputedly a "fixer", who arranged bribes in divorce and custody cases) and Paul Siminovsky (the divorce lawyer whom Garson had appointed as law guardian for her children).
The woman had learned this when she herself met with Elmann, seeking to bribe Garson. Elmann told her that she was too late, inasmuch as her husband had already paid a large bribe to receive a favorable ruling. Within days, the DA's Office had her wearing a wire, and meeting with and secretly taping Elmann.
Garson was indicted and arrested in April 2003 outside of his Upper East Side
apartment. He was charged with having accepted cash and other gifts from Siminovsky, who practiced frequently before him in divorce and custody cases, as payment for preferential treatment. The preferential treatment included Garson privately coaching Siminovsky as to what questions he should ask, and what arguments he should use, in divorce cases that Siminovsky was trying before Garson—who would then rule in Siminovsky's favor. This violated rules of judicial conduct, which prohibit a judge from speaking with an attorney who has a case before them without the presence or permission of the opposing attorney.
Garson was suspended from the bench without pay on May 22, 2003, by the Court of Appeals of New York. He ultimately resigned and retired.
In 2006, he received but rejected an offer to plead guilty to two minor felonies, in exchange for a 16-month sentence in a local jail. His trial was delayed as he sought treatment for cancer and underwent surgery, and while pre-trial rulings on the charges against him were litigated.
, and to 210 hours of community service), and a former Garson law clerk (acquitted). Two long-time employees in the main court clerk's office, who were not arrested, were suspended without pay.
On the morning he was arrested, Siminovsky was taken to the Fort Hamilton
prison-like army base in Bay Ridge for questioning. He confessed to wrongdoing within half an hour, and subsequently to bribery. He made a deal with the investigators, agreeing to cooperate in investigating Garson and in his prosecution, in exchange for a reduced charge pursuant to a plea bargain
, and the promise of a positive letter from the DA to Siminovsky's sentencing judge. Within hours, he was wearing a hidden body microphone in a sting operation
, as he joined Garson for lunch at the Archives Restaurant on Adams Street. He continued to wear the wire for weeks, in meetings with Garson.
He testified for 13 days at two trials. He ultimately helped prosecutors win guilty pleas or convictions from nine people.
Siminovsky pleaded guilty to a Class A misdemeanor for having given unlawful gratuities, as part of his plea bargain
. In June 2007, Acting Supreme Court Justice Jeffrey G. Berry, a visiting judge from Orange County, New York
, sentenced him to a year in prison, the maximum sentence for the misdemeanor. He also lost his license to practice law, and agreed never to apply for reinstatement.
charge. They admitted having given $5,000 to Elmann (the "fixer"), to influence Garson's handling of a custody dispute between Weitzner and her ex-husband involving their five children. They said that Elman "clearly implied" he was going to bribe Garson. They did not know, however, whether the money was actually paid to Garson. Supreme Court Justice Michael Ambrosio ruled in August 2004 that Weizner was an unfit parent for her children, because she paid the bribe. In exchange for their pleas and their cooperation in the investigation, in August 2007 they were each sentenced to 210 hours of community service
and three years of probation.
Avraham Levi pleaded guilty in June 2004 to having given the "fixer" $10,000 in December 2002, to get his case in front of and obtain favorable treatment from Garson (a Class E felony). There was no evidence that the money ever made its way to Garson. Subsequent to the husband's payment to the fixer, Garson awarded him exclusive custody of the couple's two oldest sons. Garson did not have an opportunity to rule on the couple's house, because he was arrested beforehand. In 2005, after the bribery scandal had broken and the case was moved to another judge, 100% of the marital residence was awarded to the wife.
For his role in the corruption scandal, Justice Berry sentenced Levi to three months in jail, 150 hours of community service, and five years' probation following his release.
Prosecutors charged that Elmann would send potential clients to Siminovsky, who would then in turn enlist Salerno or Sarnell to steer his clients' divorce cases (which were supposed to be assigned randomly) to Garson. Prosecutors said that when Siminovsky needed a case to come before Garson, the defendants would go to an administrative clerk and tell her that Garson wanted the case reassigned to him. According to the prosecutors, the defendants received thousands of dollars in cash, plane tickets, and plastic bags of electronic equipment from Elmann's warehouse for their efforts.
Siminovsky testified at their trial. He said that after Salerno demanded $2,000 in order to have a Siminovsky case assigned to Garson, Siminovsky slipped the money into Salerno's pocket as they stood at adjacent urinals in a public courthouse restroom in Brooklyn. The court officer was also videotaped accepting a DVD player and VCRs from the lawyer in front of the Joralemon Street courthouse on March 27, 2003. Salerno was convicted of two felonies, bribe-receiving and receiving a reward for official misconduct, and sentenced in August 2007 to 1–4½ years in prison.
Sarnell's counsel maintained that anything improper that Sarnell might have done was done on Garson's orders. Sarnell was acquitted.
Elmann was a Crown Heights, Brooklyn
, wholesale electronics dealer and salesman, with a business named "DVD Trading" on Brooklyn Avenue
. He himself had appeared before Garson as a divorce litigant in 2000. He subsequently boasted in the Orthodox Jewish community in central Brooklyn, beginning in 2001, that for a price he could help parties in divorce cases make sure their case was heard by a sympathetic judge.
Elmann admitted to accepting thousands of dollars of cash (including $24,000 from three divorce litigants), and passing them on to Siminovsky to arrange preferential treatment for litigants in six cases before Garson. Though Elmann had asserted to his potential clients that he had direct contact with Garson (telling one mother, for example: "He will do everything for me. The problem is how much [will] you sacrifice?"), evidence later showed that he only had contact with Siminovsky, and he later admitted he did not know the judge.
Elmann was sentenced in August 2007 to 16 months−5½ years in prison, with Justice Berry saying "Justice is not for sale". Elmann was denied parole in 2008, and was not eligible to try again until July 2010.
said: "The burden of proof is going to fall on them to show the case is corrupted; and how are they going to do that?"
The system of nominating judges was ruled unconstitutional. Prosecutors also complained of a "culture of corruption" in the court's matrimonial section, and Garson's case led to a widespread political and judicial corruption inquiry in Brooklyn.
The TV show Law and Order
aired an episode entitled "Floater" on November 12, 2003, relating to a corruption scandal in Brooklyn Supreme Court in which a judge accepted bribes in return for giving litigants preferential treatment. The episode was "ripped from the headlines" of the Garson matter. Correspondent Lesley Stahl
reported the Garson story for CBS’s 48 Hours
on February 18, 2005. In addition, Frieda Hanimov was compared to whistle-blower Erin Brockovich
, and Warner Brothers purchased the rights to a movie entitled The Frieda Hanimov Story.
Norman was convicted, however, due to information that prosecutors say Garson provided. Norman was sent to prison for extortion, soliciting illegal contributions from a lobbyist, and stealing $5,000 from his re-election committee.
. The trial took place in New York State Supreme Court, on Jay Street in Downtown Brooklyn
. The prosecution alleged that Garson had an agreement with divorce lawyer Siminovsky whereby the lawyer gave Garson cash, drinks, dinners, and cigars in exchange for courtroom assignments and favored treatment.
In a surveillance videotape made on February 5, 2003, of a private meeting in Garson's chambers, Siminovsky asked Garson if he would award the couple’s home to his client, Avraham Levi. Garson responded: "I’ll award him exclusive use". He gave Siminovsky detailed instructions as to how to argue the Levi divorce case before him. He assured Siminovsky that if he followed Garson's instructions: "The worst possible scenario is a win.... You're in good shape. You're a winner either way. And your schmuck
[Avraham Levi] doesn't deserve it." Garson dictated to Siminovsky the exact language the lawyer should use in a memo to Garson. He urged him to charge his client extra for the memo, saying: "I am telling you, charge for it. This is extra; this was not contemplated; the judge made me do it.... Squeeze the guy." Referring to the estranged wife (Sigal Levi), the judge said: "She's fucked."
Garson also coached Siminovsky as to how to examine a witness regarding the amount of money the wife had earned from a school she operated. He said:
Garson coached Siminovsky over lunch on February 25, 2003, as to what to have his client say in a case Garson was hearing. With his conversation captured on an audiotape played at the trial, he advised Siminovsky:
Another recording showed Siminovsky (at this point, part of a sting operation targeting Garson) giving the judge a $250 box of 25 " Romeo y Julieta" Dominican cigars on March 3, 2010. The cigars were supplied to Siminovsky by the DA's Office.
An additional recording showed Siminovsky in the judge's robing room on March 10, 2003. He handed Garson an envelope containing a $1,000 cash "referral fee". The cash had been supplied to Siminovsky by the DA's Office, as part of the sting operation. Garson initially refused to accept the money. He then tried to return it, suggesting that Siminovsky contribute it to Garson's wife's judicial campaign instead. But Siminovsky threw the money back on the judge's desk, saying he would make a campaign contribution as well, but telling the judge to keep the cash. Garson picked up the money, and tried to hand it to Siminovsky once again, saying "I appreciate it. No, no, no... No." But then, sighing, he put the money in his desk drawer. When Garson was arrested a few days later, the money was in his pocket.
In another videotaped exchange, they improperly discussed the outcome of a divorce case the lawyer had pending before the judge. Garson assured Siminovsky, saying: "You know what? Justice is being done."
The lead prosecutor said that he had asked Garson: "Why did you do this with Siminovsky? Why did you take care of him?" And that Garson had replied: "I like him. And he kind of reminded me of myself."
Garson was also convicted of two lesser charges, relating to his accepting a box of cigars and $1,000 in cash from Siminovsky for having referred two clients. The charges were for receiving a reward for official misconduct in the second degree (a class E felony; the lowest under New York law, in violation of Penal Law § 200.25). The jury acquitted him on four other counts of receiving rewards for official misconduct in the second degree. Additionally, Garson was automatically disbarred as an attorney as a result of his felony convictions.
, bladder cancer
, and other medical conditions. Berry rejected Garson's pleas for leniency, saying:
His lawyer tried to delay his sentence on account of Garson's granddaughter's death, and so he could care for his mentally retarded grown son. He entered an alcohol detoxification program for six days, after which on June 28, 2007, he surrendered at State Supreme Court in Brooklyn to begin serving his sentence.
Until May 2009, he was isolated in protective custody
at the Mid-State Correctional Facility
in Marcy, New York
, 180 miles from New York City. From then on, he was in the general population at the Mid-Orange Correctional Facility
in Warwick, New York
, 60 miles from New York City.
Garson was granted an early release from prison, obtaining parole six months before the term of his minimum sentence had run. He was granted parole in his first appearance before the New York State Parole Board, over the DA's Office's strong opposition, and released from a Harlem halfway house
on December 23, 2009. He was released early as a result of his completion of a substance abuse
program, and good behavior. Conditions of his release included that through June 2017 he abide by curfews set by his probation officer
, not associate with any law firms, not drink alcohol, and at the discretion of his parole officer attend an alcohol abuse
treatment program and submit to substance abuse testing. A spokesperson for the Parole Board said it was relatively rare for a non-violent felon to receive parole the first time he appeared before the board, as only 21% did so in 2008. If he had been denied parole, he would have had to wait an additional two years before he could re-apply.
Garson had also appealed his conviction. But his appeal was denied on January 5, 2010, by the Supreme Court of the State of New York Appellate Division, Second Judicial Department. It opined that the evidence of his guilt was "overwhelming".
graduate, she handled cases involving the elderly, was a volunteer election lawyer for the Kings County Democratic Committee (helping eliminate party opponents from ballots), and was on several county bar committees. In 2002, having been nominated by the Democratic Party for a judgeship on the Brooklyn Civil Court
(a level below New York Supreme Court), she won her election and became a judge on the court.
Garson and his wife have been married for more than two decades. Garson has four children, and a number of grandchildren.
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
Justice who heard matrimonial divorce and child custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
cases in Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
. He was convicted in 2007 of accepting bribes to manipulate the outcomes of divorce proceedings. Garson was imprisoned from June 2007 until December 2009.
In the bribery scheme, a "fixer" told people divorcing in Brooklyn that for a price he could steer their case to a sympathetic judge. After the fixer received a payment, he would refer the person to a lawyer contact of his, who had given Garson drinks, meals, cigars, and cash— accepting (and receiving) preferential treatment in return. The fixer and the lawyer would then bribe court employees to override the court's computer system, which was programmed to ensure that cases were assigned to judges randomly. Instead, they would have the case assigned to Garson. Garson, in turn, would then privately coach the lawyer. He would tell him questions the lawyer should ask of witnesses in the case before Garson, and arguments that the lawyer should make to Garson in court. Garson would then rule in favor of the lawyer.
Garson was indicted in 2003, on the basis of video surveillance of his judicial chambers, and recordings made on a body wire worn by his "favored" lawyer. At his four-week trial in 2007, he was acquitted on four counts, but found guilty on one count of accepting bribes, and on two lesser charges of receiving rewards for official misconduct. He was sentenced in June 2007 to three to ten years in prison. In December 2009, after 30 months in prison, he was released for good behavior at the age of 77.
The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, commenting on Garson's conviction, observed:
It was news that confirmed every sneaking suspicion, every paranoid fantasy of anyone who had ever felt wronged in a divorce court.
Early career
Garson graduated from the University of PennsylvaniaUniversity of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
, and from the University of Pennsylvania Law School
University of Pennsylvania Law School
The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report,...
. He is a U.S. Air Force veteran.
In 1962 he founded the law firm Gerber & Garson, on Court Street in Brooklyn, with Howard Gerber. The politically connected law firm is now known as Gerber & Gerber. In the 1970s and 1980s, Garson and his law firm had a lucrative practice representing owners of taxi fleets, defending taxi drivers and owners in negligence suits.
In 1984, Garson was censure
Censure
A censure is an expression of strong disapproval or harsh criticism. Among the forms that it can take are a stern rebuke by a legislature, a spiritual penalty imposed by a church, and a negative judgment pronounced on a theological proposition.-Politics:...
d by the state Appellate Division for "conferring gifts, gratuities and benefits", by giving an improper gift to a judge with whom he had a "long-standing social relationship". Garson and members of his firm regularly appeared before then-New York Civil Court
New York City Civil Court
The New York City Civil Court is a court hearing civil cases within New York City. By volume, it is the largest civil jurisdiction court in the United States, and handles about 25% of the total filings of the entire New York state court system.-Jurisdiction:...
Judge Frank Vaccaro. In 1972, Garson treated Judge Vaccaro and his wife to a weekend vacation at Kutsher's County Club in the Catskills, and falsely registered the judge under an assumed name; later, he lied about the incident to investigators. Vaccaro, by then a New York State Supreme Court Justice, was suspended without pay for six months.
Garson was also Treasurer from the late 1980s until the mid-1990s for a political action committee
Political action committee
In the United States, a political action committee, or PAC, is the name commonly given to a private group, regardless of size, organized to elect political candidates or to advance the outcome of a political issue or legislation. Legally, what constitutes a "PAC" for purposes of regulation is a...
arm of the Brooklyn Democratic Party, the Brooklyn Democrats. He was appointed by his former law practice colleague, Brooklyn Borough President
Borough president
Borough President is an elective office in each of the five boroughs of New York City.-Reasons for establishment:...
Howard Golden
Howard Golden
Howard Golden was the long-time Democratic borough president of Brooklyn serving from 1977 to December 31, 2001. Prior to becoming Brooklyn Borough President, Golden served as City Councilman for the Borough Park section of Brooklyn...
.
Justice of the NY Supreme Court (1998–2003)
In 1997, Garson was placed on the ballot to be a Democratic Party nominee for the position of Justice of the New York Supreme CourtNew York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
, the highest state court below the appellate level, and the equivalent of county court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
. He was placed on the ballot by Clarence Norman Jr.
Clarence Norman Jr.
Clarence Norman, Jr. is an American politician from the state of New York. He was the former chairman of the Kings County Democratic Party and member of the New York State Assembly from the 43rd Assembly District in Central Brooklyn, which includes Crown Heights and parts of Flatbush and Prospect...
, a long-time Kings County Democratic Party leader. Garson won the Democratic primary, and then won the 1998 general election. He became a Justice of the State Supreme Court, with an annual salary of $136,700. His courtroom was in "Matrimonial Part 5B", in the Municipal Building on Joralemon Street in Brooklyn Heights.
In five years as a Justice, Garson handled 1,100 matrimony cases. He made decisions on child custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
, and divided families' financial assets.
In an anonymous survey of lawyers, he was described as "always well prepared", and as having "excellent settlement skills." In the 2004–05 edition of New York Judge Reviews and Court Directory, Garson received the following comments in anonymous reviews, under the section “Temperament/Demeanor”:
Nearly every interviewee complimented Judge Garson’s demeanor. ‘He’s pleasant, and will let you try your case. He’s excellent—a real lawyer’s judge.’ ‘He’s easy to get along with.’ ‘He can be pleasant.’ ‘He’s nice and very competent.’ Only one lawyer criticized [him], saying, ‘[Judge Garson is] tough, and can be aggressive and impatient.’Garson also received good ratings for his legal knowledge, administration of his courtroom, and handling of trials and settlements. He was rated "approved" by the local bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
. In 2001, he was applauded by feminists for ordering an Orthodox Jewish man to pay his ex-wife $500-a-week for life, because the man refused to grant her a religious divorce, or get
Get (divorce document)
A is a divorce document, which according to Jewish Law, must be presented by a husband to his wife to effect their divorce. The essential text of the is quite short: "You are hereby permitted to all men," i.e., the wife is no longer a married woman, and the laws of adultery no longer apply...
.
Sting operation, indictment, and arrest
In October 2002, Frieda Hanimov, an Israeli émigré nurse, called a hotline at the District Attorney's (DA's) OfficeDistrict attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
. The mother of three was at the time embroiled in a bitter child-custody dispute, that was being heard by Garson. She complained that she had been told that her husband, Yuri Hanimov, had bribed the judge to fix their case, and that he had done so through Nissim Elmann (reputedly a "fixer", who arranged bribes in divorce and custody cases) and Paul Siminovsky (the divorce lawyer whom Garson had appointed as law guardian for her children).
The woman had learned this when she herself met with Elmann, seeking to bribe Garson. Elmann told her that she was too late, inasmuch as her husband had already paid a large bribe to receive a favorable ruling. Within days, the DA's Office had her wearing a wire, and meeting with and secretly taping Elmann.
Garson was indicted and arrested in April 2003 outside of his Upper East Side
Upper East Side
The Upper East Side is a neighborhood in the borough of Manhattan in New York City, between Central Park and the East River. The Upper East Side lies within an area bounded by 59th Street to 96th Street, and the East River to Fifth Avenue-Central Park...
apartment. He was charged with having accepted cash and other gifts from Siminovsky, who practiced frequently before him in divorce and custody cases, as payment for preferential treatment. The preferential treatment included Garson privately coaching Siminovsky as to what questions he should ask, and what arguments he should use, in divorce cases that Siminovsky was trying before Garson—who would then rule in Siminovsky's favor. This violated rules of judicial conduct, which prohibit a judge from speaking with an attorney who has a case before them without the presence or permission of the opposing attorney.
Garson was suspended from the bench without pay on May 22, 2003, by the Court of Appeals of New York. He ultimately resigned and retired.
In 2006, he received but rejected an offer to plead guilty to two minor felonies, in exchange for a 16-month sentence in a local jail. His trial was delayed as he sought treatment for cancer and underwent surgery, and while pre-trial rulings on the charges against him were litigated.
Prosecution of others charged in the scheme
Others charged with felonies linked to the Garson bribery scheme were: Siminovsky (ultimately sentenced to one year in prison, as a result of his cooperation and a plea bargain), the "fixer" (sentenced to 16 months to 5½ years in prison), a court officer (sentenced to 1–4½ years in prison), two of Siminovsky's clients who paid what they understood were bribes (sentenced to three months in prison and 150 hours of community serviceCommunity service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
, and to 210 hours of community service), and a former Garson law clerk (acquitted). Two long-time employees in the main court clerk's office, who were not arrested, were suspended without pay.
Lawyer
Siminovsky, a lawyer who appeared before Garson in divorce cases, was arrested on February 25, 2003. He had a friendship with Garson going back to 2001, and spent an extraordinary amount of time with him outside of court, taking him out for lunches, dinners, and drinks. In a November 18, 2002, recorded telephone conversation, he told Elmann (the "fixer") that he had just spent two hours getting Garson drunk, and that "[h]e'll do what we want."On the morning he was arrested, Siminovsky was taken to the Fort Hamilton
Fort Hamilton
Historic Fort Hamilton is located in the southwestern corner of the New York City borough of Brooklyn surrounded by the communities of Bay Ridge, Dyker Heights, and Bensonhurst, and is one of several posts that are part of the region which is headquartered by the Military District of Washington...
prison-like army base in Bay Ridge for questioning. He confessed to wrongdoing within half an hour, and subsequently to bribery. He made a deal with the investigators, agreeing to cooperate in investigating Garson and in his prosecution, in exchange for a reduced charge pursuant to a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
, and the promise of a positive letter from the DA to Siminovsky's sentencing judge. Within hours, he was wearing a hidden body microphone in a sting operation
Sting operation
In law enforcement, a sting operation is a deceptive operation designed to catch a person committing a crime. A typical sting will have a law-enforcement officer or cooperative member of the public play a role as criminal partner or potential victim and go along with a suspect's actions to gather...
, as he joined Garson for lunch at the Archives Restaurant on Adams Street. He continued to wear the wire for weeks, in meetings with Garson.
He testified for 13 days at two trials. He ultimately helped prosecutors win guilty pleas or convictions from nine people.
Siminovsky pleaded guilty to a Class A misdemeanor for having given unlawful gratuities, as part of his plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
. In June 2007, Acting Supreme Court Justice Jeffrey G. Berry, a visiting judge from Orange County, New York
Orange County, New York
Orange County is a county located in the U.S. state of New York. It is part of the Poughkeepsie–Newburgh–Middletown, NY Metropolitan Statistical Area and is located at the northern reaches of the New York metropolitan area. The county sits in the state's scenic Mid-Hudson Region of the Hudson Valley...
, sentenced him to a year in prison, the maximum sentence for the misdemeanor. He also lost his license to practice law, and agreed never to apply for reinstatement.
Bribers
Ezra Zifrani and his daughter Esther Weitzner pleaded guilty in February 2004 to one misdemeanor conspiracyConspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
charge. They admitted having given $5,000 to Elmann (the "fixer"), to influence Garson's handling of a custody dispute between Weitzner and her ex-husband involving their five children. They said that Elman "clearly implied" he was going to bribe Garson. They did not know, however, whether the money was actually paid to Garson. Supreme Court Justice Michael Ambrosio ruled in August 2004 that Weizner was an unfit parent for her children, because she paid the bribe. In exchange for their pleas and their cooperation in the investigation, in August 2007 they were each sentenced to 210 hours of community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
and three years of probation.
Avraham Levi pleaded guilty in June 2004 to having given the "fixer" $10,000 in December 2002, to get his case in front of and obtain favorable treatment from Garson (a Class E felony). There was no evidence that the money ever made its way to Garson. Subsequent to the husband's payment to the fixer, Garson awarded him exclusive custody of the couple's two oldest sons. Garson did not have an opportunity to rule on the couple's house, because he was arrested beforehand. In 2005, after the bribery scandal had broken and the case was moved to another judge, 100% of the marital residence was awarded to the wife.
For his role in the corruption scandal, Justice Berry sentenced Levi to three months in jail, 150 hours of community service, and five years' probation following his release.
Court officer and law clerk
Louis Salerno (a 24-year-veteran court officer, who had been placed on modified duty) and Paul Sarnell (Garson's former senior law clerk, who had retired in 2002) were tried for allegedly accepting bribes to steer Simonivsky's cases to Garson. Their five-week trial ended in August 2004.Prosecutors charged that Elmann would send potential clients to Siminovsky, who would then in turn enlist Salerno or Sarnell to steer his clients' divorce cases (which were supposed to be assigned randomly) to Garson. Prosecutors said that when Siminovsky needed a case to come before Garson, the defendants would go to an administrative clerk and tell her that Garson wanted the case reassigned to him. According to the prosecutors, the defendants received thousands of dollars in cash, plane tickets, and plastic bags of electronic equipment from Elmann's warehouse for their efforts.
Siminovsky testified at their trial. He said that after Salerno demanded $2,000 in order to have a Siminovsky case assigned to Garson, Siminovsky slipped the money into Salerno's pocket as they stood at adjacent urinals in a public courthouse restroom in Brooklyn. The court officer was also videotaped accepting a DVD player and VCRs from the lawyer in front of the Joralemon Street courthouse on March 27, 2003. Salerno was convicted of two felonies, bribe-receiving and receiving a reward for official misconduct, and sentenced in August 2007 to 1–4½ years in prison.
Sarnell's counsel maintained that anything improper that Sarnell might have done was done on Garson's orders. Sarnell was acquitted.
"Fixer"
In February 2005, Nissim Elmann, portrayed by prosecutors as a "fixer", pleaded guilty to seven felonies and six misdemeanors. He had been charged with bribery and conspiracy, for accepting bribes in divorce and child custody cases that he steered to Garson.Elmann was a Crown Heights, Brooklyn
Crown Heights, Brooklyn
Crown Heights is a neighborhood in the central portion of the New York City borough of Brooklyn. The main thoroughfare through this neighborhood is Eastern Parkway, a tree-lined boulevard designed by Frederick Law Olmsted extending two miles east-west.Originally, the area was known as Crow Hill....
, wholesale electronics dealer and salesman, with a business named "DVD Trading" on Brooklyn Avenue
Crown Heights, Brooklyn
Crown Heights is a neighborhood in the central portion of the New York City borough of Brooklyn. The main thoroughfare through this neighborhood is Eastern Parkway, a tree-lined boulevard designed by Frederick Law Olmsted extending two miles east-west.Originally, the area was known as Crow Hill....
. He himself had appeared before Garson as a divorce litigant in 2000. He subsequently boasted in the Orthodox Jewish community in central Brooklyn, beginning in 2001, that for a price he could help parties in divorce cases make sure their case was heard by a sympathetic judge.
Elmann admitted to accepting thousands of dollars of cash (including $24,000 from three divorce litigants), and passing them on to Siminovsky to arrange preferential treatment for litigants in six cases before Garson. Though Elmann had asserted to his potential clients that he had direct contact with Garson (telling one mother, for example: "He will do everything for me. The problem is how much [will] you sacrifice?"), evidence later showed that he only had contact with Siminovsky, and he later admitted he did not know the judge.
Elmann was sentenced in August 2007 to 16 months−5½ years in prison, with Justice Berry saying "Justice is not for sale". Elmann was denied parole in 2008, and was not eligible to try again until July 2010.
Other ramifications
Fifty motions to reopen divorce cases that had been handled by Garson were received by New York's chief administrative judge for matrimonial cases. Of those, three or four were granted a hearing, and eventually settled. However, even in cases that involved both Garson and Siminovsky, rulings were not necessarily reviewed or overturned. To receive a hearing, parties were required to demonstrate some likelihood that they had not received a fair trial. Criticizing a process that required parties who did not have subpoena powers or wiretaps to prove corruption in each case, the President of the New York State chapter of the National Organization for WomenNational Organization for Women
The National Organization for Women is the largest feminist organization in the United States. It was founded in 1966 and has a membership of 500,000 contributing members. The organization consists of 550 chapters in all 50 U.S...
said: "The burden of proof is going to fall on them to show the case is corrupted; and how are they going to do that?"
The system of nominating judges was ruled unconstitutional. Prosecutors also complained of a "culture of corruption" in the court's matrimonial section, and Garson's case led to a widespread political and judicial corruption inquiry in Brooklyn.
The TV show Law and Order
Law & Order
Law & Order is an American police procedural and legal drama television series, created by Dick Wolf and part of the Law & Order franchise. It aired on NBC, and in syndication on various cable networks. Law & Order premiered on September 13, 1990, and completed its 20th and final season on May 24,...
aired an episode entitled "Floater" on November 12, 2003, relating to a corruption scandal in Brooklyn Supreme Court in which a judge accepted bribes in return for giving litigants preferential treatment. The episode was "ripped from the headlines" of the Garson matter. Correspondent Lesley Stahl
Lesley Stahl
Lesley Rene Stahl is an American television journalist. Since 1991, she has reported for CBS on 60 Minutes.-Personal life:...
reported the Garson story for CBS’s 48 Hours
48 Hours (TV series)
48 Hours is a documentary and news program broadcast on the CBS television network since January 19, 1988. The program originally presented documentaries of various events related to a particular subject occurring within a 48-hour period, and is credited as one of the first to air a "reality show"...
on February 18, 2005. In addition, Frieda Hanimov was compared to whistle-blower Erin Brockovich
Erin Brockovich
Erin Brockovich-Ellis is an American legal clerk and environmental activist who, despite the lack of a formal law school education, or any legal education, was instrumental in constructing a case against the Pacific Gas and Electric Company of California in 1993...
, and Warner Brothers purchased the rights to a movie entitled The Frieda Hanimov Story.
Democratic Party sting cooperation
When Garson was arrested, he was confronted with surveillance videotapes from a video camera that the DA's Office had installed in his robing room chambers' ceiling pursuant to a December 9, 2002, warrant. After seeing the videotapes, he agreed to wear a wire to secretly tape conversations with Democratic Party leaders. His goal was to gather evidence that a seat on the bench could be purchased by paying cash to the county Democratic Party and to Norman, the Democratic Party leader who had helped place Garson on the bench. But he was unsuccessful in his effort to tape Democratic Party officials discussing buying and selling judgeships.Norman was convicted, however, due to information that prosecutors say Garson provided. Norman was sent to prison for extortion, soliciting illegal contributions from a lobbyist, and stealing $5,000 from his re-election committee.
Trial and conviction (2007)
The audience for Garson's four-week trial "included a good number of displeased divorcées", observed The New York TimesThe New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
. The trial took place in New York State Supreme Court, on Jay Street in Downtown Brooklyn
Downtown Brooklyn
Downtown Brooklyn is the third largest central business district in New York City , and is located in the northwestern section of the borough of Brooklyn...
. The prosecution alleged that Garson had an agreement with divorce lawyer Siminovsky whereby the lawyer gave Garson cash, drinks, dinners, and cigars in exchange for courtroom assignments and favored treatment.
Videotapes
The prosecutors entered into evidence secretly taped video surveillance recordings.In a surveillance videotape made on February 5, 2003, of a private meeting in Garson's chambers, Siminovsky asked Garson if he would award the couple’s home to his client, Avraham Levi. Garson responded: "I’ll award him exclusive use". He gave Siminovsky detailed instructions as to how to argue the Levi divorce case before him. He assured Siminovsky that if he followed Garson's instructions: "The worst possible scenario is a win.... You're in good shape. You're a winner either way. And your schmuck
Schmuck (pejorative)
__notoc__Schmuck or shmuck in American English is a pejorative meaning an obnoxious, contemptible or detestable person, or one who is stupid or foolish. The word entered English from Yiddish, where it has similar pejorative meanings, but its original meaning in Yiddish is penis...
[Avraham Levi] doesn't deserve it." Garson dictated to Siminovsky the exact language the lawyer should use in a memo to Garson. He urged him to charge his client extra for the memo, saying: "I am telling you, charge for it. This is extra; this was not contemplated; the judge made me do it.... Squeeze the guy." Referring to the estranged wife (Sigal Levi), the judge said: "She's fucked."
Garson also coached Siminovsky as to how to examine a witness regarding the amount of money the wife had earned from a school she operated. He said:
You’ll put him on the stand. You go through, ‘In evidence is a record book kept by ba ba boom, there’s an average of so many students per month. The book indicates the approximate rate of $350–400 a month per student....’
Garson coached Siminovsky over lunch on February 25, 2003, as to what to have his client say in a case Garson was hearing. With his conversation captured on an audiotape played at the trial, he advised Siminovsky:
Just have [your client] deny a few things. Like, ‘Did she give you money every day to deposit?’ ‘No.’ ‘Did she go to the bank every day? She said she went to the bank every day. Is that true?’ ‘No.’ ‘Did you ever, ever take any cash?’ ‘Absolutely not.’
An additional recording showed Siminovsky in the judge's robing room on March 10, 2003. He handed Garson an envelope containing a $1,000 cash "referral fee". The cash had been supplied to Siminovsky by the DA's Office, as part of the sting operation. Garson initially refused to accept the money. He then tried to return it, suggesting that Siminovsky contribute it to Garson's wife's judicial campaign instead. But Siminovsky threw the money back on the judge's desk, saying he would make a campaign contribution as well, but telling the judge to keep the cash. Garson picked up the money, and tried to hand it to Siminovsky once again, saying "I appreciate it. No, no, no... No." But then, sighing, he put the money in his desk drawer. When Garson was arrested a few days later, the money was in his pocket.
In another videotaped exchange, they improperly discussed the outcome of a divorce case the lawyer had pending before the judge. Garson assured Siminovsky, saying: "You know what? Justice is being done."
Other evidence
In addition, prosecutors provided financial records as evidence, as well as testimony from Siminovsky. Siminovsky testified that he entertained the judge with lunches, dinners, and drinks, nearly always paying the bill, and gave him money and cigars, in exchange for favorable treatment and legal assignments. The prosecution alleged that before Siminovsky began cooperating with prosecutors, he had already entertained Garson more than 40 times, spending $3,149.The lead prosecutor said that he had asked Garson: "Why did you do this with Siminovsky? Why did you take care of him?" And that Garson had replied: "I like him. And he kind of reminded me of myself."
Conviction
Garson was convicted in April 2007 of accepting bribes to manipulate the outcome of divorce proceedings (bribery in the third degree, a Class D felony, in violation of Penal Law § 200.10). The jury found that he had accepted thousands of dollars in drinks and meals from Siminovsky in exchange for improperly giving the lawyer advice in a case Siminovsky had before Garson, as well as court-assigned appointments and free access to Garson.Garson was also convicted of two lesser charges, relating to his accepting a box of cigars and $1,000 in cash from Siminovsky for having referred two clients. The charges were for receiving a reward for official misconduct in the second degree (a class E felony; the lowest under New York law, in violation of Penal Law § 200.25). The jury acquitted him on four other counts of receiving rewards for official misconduct in the second degree. Additionally, Garson was automatically disbarred as an attorney as a result of his felony convictions.
Sentencing, prison, and release (2007–09)
On June 5, 2007, Justice Berry imposed three consecutive sentences on Garson, which resulted in an aggregate sentence of between 3 and 10 years in prison. Garson cried in court, and said he was "profoundly sorry" for his actions. His lawyers pleaded for leniency on the basis of his reported alcoholismAlcoholism
Alcoholism is a broad term for problems with alcohol, and is generally used to mean compulsive and uncontrolled consumption of alcoholic beverages, usually to the detriment of the drinker's health, personal relationships, and social standing...
, bladder cancer
Bladder cancer
Bladder cancer is any of several types of malignant growths of the urinary bladder. It is a disease in which abnormal cells multiply without control in the bladder. The bladder is a hollow, muscular organ that stores urine; it is located in the pelvis...
, and other medical conditions. Berry rejected Garson's pleas for leniency, saying:
You should have been beyond reproach. The people of Brooklyn deserve more from you. You are not some bum. You’re an intelligent man. You went to Penn, and Penn Law School.
His lawyer tried to delay his sentence on account of Garson's granddaughter's death, and so he could care for his mentally retarded grown son. He entered an alcohol detoxification program for six days, after which on June 28, 2007, he surrendered at State Supreme Court in Brooklyn to begin serving his sentence.
Until May 2009, he was isolated in protective custody
Protective custody
Protective custody is a type of imprisonment to protect a prisoner from harm, either from outside sources or other prisoners. Many administrators believe the level of violence, or the underlying threat of violence within prisoners, is a chief factor causing the need for PC units...
at the Mid-State Correctional Facility
Mid-State Correctional Facility
Mid-State Correctional Facility is located between the cities of Rome and Utica in New York State.Before Mid-State was a prison, it was a hospital for both the mentally ill and mentally handicapped. There was a so called “25-year building spree” in the prison system, when the number of prisoners...
in Marcy, New York
Marcy, New York
Marcy is a town in Oneida County, New York, United States. The population was 9,469 at the 2000 census. The town was named after Governor William L. Marcy....
, 180 miles from New York City. From then on, he was in the general population at the Mid-Orange Correctional Facility
Mid-Orange Correctional Facility
Mid-Orange Correctional Facility is a prison in the final stages of being emptied and closed . It is located in Orange County, New York. It is an all-male facility, and a medium security prison...
in Warwick, New York
Warwick, New York
Warwick is a town in Orange County, New York, United States. The population was 30,764 at the 2000 census. The 2007 census population estimate is 32,669.The Town of Warwick is located in the southwest part of the county...
, 60 miles from New York City.
Garson was granted an early release from prison, obtaining parole six months before the term of his minimum sentence had run. He was granted parole in his first appearance before the New York State Parole Board, over the DA's Office's strong opposition, and released from a Harlem halfway house
Halfway house
The purpose of a halfway house, also called a recovery house or sober house, is generally to allow people to begin the process of reintegration with society, while still providing monitoring and support; this is generally believed to reduce the risk of recidivism or relapse when compared to a...
on December 23, 2009. He was released early as a result of his completion of a substance abuse
Substance abuse
A substance-related disorder is an umbrella term used to describe several different conditions associated with several different substances .A substance related disorder is a condition in which an individual uses or abuses a...
program, and good behavior. Conditions of his release included that through June 2017 he abide by curfews set by his probation officer
Probation officer
Parole officers and probation officers play a role in criminal justice systems by supervising offenders released from incarceration or sentenced to non-custodial sanctions such as community service...
, not associate with any law firms, not drink alcohol, and at the discretion of his parole officer attend an alcohol abuse
Alcohol abuse
Alcohol abuse, as described in the DSM-IV, is a psychiatric diagnosis describing the recurring use of alcoholic beverages despite negative consequences. Alcohol abuse eventually progresses to alcoholism, a condition in which an individual becomes dependent on alcoholic beverages in order to avoid...
treatment program and submit to substance abuse testing. A spokesperson for the Parole Board said it was relatively rare for a non-violent felon to receive parole the first time he appeared before the board, as only 21% did so in 2008. If he had been denied parole, he would have had to wait an additional two years before he could re-apply.
Garson had also appealed his conviction. But his appeal was denied on January 5, 2010, by the Supreme Court of the State of New York Appellate Division, Second Judicial Department. It opined that the evidence of his guilt was "overwhelming".
Family
Garson's second wife is Robin Garson. A Brooklyn Law SchoolBrooklyn Law School
Brooklyn Law School is a law school located in Brooklyn Heights, in Downtown Brooklyn, New York.-History:Founded in 1901 by William Payson Richardson and Norman P. Heffley, Brooklyn Law School was the first law school on Long Island. Using space provided by Heffley’s business school, the law...
graduate, she handled cases involving the elderly, was a volunteer election lawyer for the Kings County Democratic Committee (helping eliminate party opponents from ballots), and was on several county bar committees. In 2002, having been nominated by the Democratic Party for a judgeship on the Brooklyn Civil Court
New York City Civil Court
The New York City Civil Court is a court hearing civil cases within New York City. By volume, it is the largest civil jurisdiction court in the United States, and handles about 25% of the total filings of the entire New York state court system.-Jurisdiction:...
(a level below New York Supreme Court), she won her election and became a judge on the court.
Garson and his wife have been married for more than two decades. Garson has four children, and a number of grandchildren.
External links
- "Surveillance video of Garson's chambers", February 5, 2003
- "In the Matter of the consideration of the suspension of Hon. Gerald P. Garson from the office of Justice of the Supreme Court of the State of NY, Second Judicial District, pursuant to NY State Constitution, Article 6, § 22 and Judiciary Law § 44, subd. 8", New York Court of AppealsNew York Court of AppealsThe New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
, 2003 NY Int. 68, May 22, 2003 - "Felony Complaint", New York v. Garson, Criminal Court of the City of NYNew York City Criminal CourtThe New York City Criminal Court is the general term describing the entry-level court for criminal cases in the five boroughs of New York City....
, County of Kings, April 23, 2004 - "Opinion", People v Garson, Supreme Court of the State of NYNew York Supreme CourtThe Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
, Kings County, 2004 NY Slip Op 24139, 4 Misc 3d 258, April 29, 2004 - "In the Matter of the consideration of the suspension of Hon. Michael J. Garson from the office of Justice of the Supreme Court of the State of NY, Second Judicial District, pursuant to NY State Constitution, Article 6, § 22 and Judiciary Law § 44, subd. 8", New York Court of AppealsNew York Court of AppealsThe New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
, 2005 NY Int. 80, May 20, 2005 - "Opinion", New York v Garson, Supreme Court of the State of NY, Appellate DivisionNew York Supreme Court, Appellate DivisionThe Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
, Second Department, 17 A.D.3d 695, April 25, 2005 - "Opinion", New York v. Garson, New York Court of AppealsNew York Court of AppealsThe New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
, March 30, 2006 - "Decision & Order on Motion", People v Garson, NY Appellate Division, Second Department, 2007 NY Slip Opinion 72105(U), June 20, 2007
- "Opinion", In the Matter of Gerald Phillip Garson, an Attorney, Respondent, Grievance Committee for the 2nd and 11th Judicial Districts, Petitioner, NY Appellate Division, Second Department, 2007 NY Slip Op 9227, 47 AD3d 148, November 20, 2007
- "In re: the Application of Gerald Garson v. NY State Department of Correctional Services", Supreme Court of the State of NY, Albany County, NY, 2008 NY Slip Op 28316, 21 Misc 3d 373, August 8, 2008
- "Order", People v Garson, NY Appellate Division, Second Department, 2010 NY Slip Op 171, 69 AD3d 650, January 5, 2010
- "Prosecuting Judges for Ethical Violations: Are Criminal Sanctions Constitutional and Prudent, or do they Constitute a Threat to Judicial Independence?, Abramovsky, Abraham; Edelstein, Jonathan I., 33 Fordham Urb. L.J. 727 (2005–06)