"Appellate Division, Fourth Department, 100th Anniversary "
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counties, including Ontario, Genesee and Chemung, urging that Rochester be chosen as the site. In Syracuse, the plan for the new courthouse included an Appellate Division courtroom. Indeed, when the court- house in Syracuse was constructed in the early 1900's, the courtroom was included even though the Appellate Division was already located in Rochester.
      Undoubtedly, the central location of Rochester within the Fourth Department was a critical factor in its selection as the site of the Court. The New York State Archives reports that Rochester also had an edge over Syracuse and Buffalo because, by the 1870's, Rochester held two General Terms every year as opposed to one each held in Syracuse and Buffalo. Rochester also had a special advantage because of its law library. The library was established by chapter 386, § 35 of the Laws of 1840, which reduced the salaries of Supreme Court Clerks and other court officers and used the money saved to purchase law books for the library and Supreme Court Justices. The Supreme Court libraries in Syracuse and Buffalo, however, were not established until approximately 20 years later.
      On January 21, 1896, at 10:00 A.M., the Appellate Division, Fourth Department, held its first session in the new courthouse located on Main Street in Rochester. Present on the bench were Hon. George A. Hardin, Presiding Justice, and Associate Justices Hon. David L. Follett, Hon. Manley C. Green, and Hon. William A. Adams. The January 21, 1896 edition of the Rochester Union and Advertiser reported that, although Hon. Hamilton Ward of Buffalo was expected, he had not yet arrived.

Present, past and future Presiding Justices taken at a testimonial luncheon for retiring Associate Justice G. Robert Witmer on January 7, 1981. From left to right: Michael F. Dillon, Presiding Justice - 1979-1991, Charles D. Brietel, Former Chief Judge of the Court of Appeals, G. Robert Witmer, M. Dolores Denman~ the current Presiding Justice, Harry D. Goldman, Presiding Justice - 1969-1973
      The Court's first five justices included a former Presiding Justice of the General Term, a former District Attorney and State Senator, a former member of Congress, a former Chief Judge of the temporary second division of the Court of Appeals, and a former practitioner from a small community. The designation of justices with distinguished legal careers has provided this Court with successive benches composed of the finest judicial talent available. Moreover, the varied backgrounds of its justices has enabled this Court, throughout its history, to view its cases from differing perspectives, thereby helping to insure the fairness of its decisions.
      Designation to this Court did not mark the end of the public career of a number of its justices. Many have gone on to serve on the State's Court of Appeals, in the Federal Court system, in other branches of government, or on an international level.

THE PRESIDING JUSTICES
      The quality of the justices who have sat on the Appellate Division, Fourth Department, is well illustrated by each of the 16 Presiding Justices who have distinguished this Court. In addition to performing the duties of an Appellate Division Justice and serving as the Court's Chief Administrator, the Presiding Justice serves on the Administrative Board of the Courts, which is responsible for establishing policy for the Unified Court System. Finally, the Presiding Justice oversees the operation of the Court's four auxiliary agencies, comprised of the Office of Grievance Committees, the Character and Fitness Committees, Mental Health Legal Services, and the Law Guardian Program.

Until 1977 the Presiding Justices of the four Appellate Divisions were also the Chief Administrators of the trial courts for their respective Departments. However, an amendment was adopted to the New York State Constitution on November 8, 1977 that vested administrative authority over the courts with the Chief Judge of the Court of Appeals in consultation with the Administrative Board of the Courts composed of the Chief Judge and the Four Presiding Justices (NY Const., art VI, §28).




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