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JUDICIAL PROFILE : HON. EDWIN KASSOFF

By: MICHAEL GOLDSMITH

A veteran who served in England, France, Belgium and Germany

during World War II and commissioned a Second Lieutenant, Infantry, in France. A scholar. A law professor. A distinguished and well traveled lecturer. A Supreme Court Justice. The Presiding Justice of the Appellate Term. These are a few of the accomplishments of Queens County's Hon. Edwin Kassoff.

After serving his country in Europe, the future Supreme Court Justice graduated from Brooklyn Law School. "I always wanted to be an attorney. I have always loved the law," said Justice Kassoff. From his admission to the bar in l953 until l97l, Justice Kassoff engaged in civil practice, with an emphasis on commercial law. In l97l, Judge Kassoff was appointed to the Appellate Term of the 2nd and 11th Judicial Districts in l985, and has served as the Presiding Justice since l986.

Justice Kassoff has always been interested in the intellectual aspects of the law. From l956 to l963 he was an instructor of law at Queens College and at Columbia University from l966 to l967. Since l964, Justice Kassoff has been a Professor of Law to the Lubin School of Business at Pace University. He also taught courses for Chinese and minority business people. Not being content just to lecture, Justice Kassoff's published works include text books in business Law, Sales and Bailment, American Commercial Law, Advanced American Commercial Law, and the Legal Aspects of Medicine. He is currently preparing a text in Elder Law.

Justice Kassoff's teaching efforts are not limited to mere students of the law. From l975 to l987, Justice Kassoff authorized text material and lectured on Commercial Law for the National Judicial College for American and foreign judges attending judicial education programs. Since l986, he has coordinated the New York Appellate Term Seminar at St. John's University, which is a two day educational program for Appellate Term Justices of the Supreme Court. He is also the chairman of the committee that authored a judicial reference book entitled "Bench Book for Trial Judges", which is updated with new statutes and case law every year, and used by judged, is also sold to lawyers. Since l982, Justice Kassoff has been a lecturer at Continuing Education programs conducted by the Office of Court Administration for new judges.

Traveling and the law are two of the great pleasures in Justice Kassoff's life, and he is fortunate to be able to combine the two. By invitation, he has lectured internationally on various legal topics. In l988, Justice Kassoff lectured in West Berlin about the "Legal Position of the Witness and his Protection Before, During and After Criminal Proceedings." In l989, he visited Dublin and spoke about "Constitution, Statutes and Common Law." The following year, in Helsinki, he gave a talk about "Judicial Immunity". In l992, in Seville, Justice Kassoff lectured about "The Part Played by the Victim in the Criminal Process." In l993 he was off to Sao Paolo to speak about the "Protection of the Individual's Rights During Police Investigations." In l994, Justice Kassoff returned to Europe (Athens, to be precise) where he elucidated about "The Criminal Judge and the Public feeling of Insecurity." Last year, Justice Kassoff submitted a report in Tunisia on "Imprisonment after the Verdict."

Visiting other nations and learning about other legal systems has give Justice Kassoff a greater appreciation of American jurisprudence, saying "American citizens are most fortunate. Our system is not perfect, and there are many things that will have to

be improved, but from the vantage point of meeting judges and attorneys and observing courts in different countries, I have observed that ours is the best system.

Justice Kassoff, as a Brigadier General in the New York Guard during Operations Desert Shield and Desert Storm, arranged for service people serving in the Middle East, as well as their families in New York State, to receive legal assistance for all matters. He and other legal officers attended mobilizations at the armories in New York State and prepared legal documents such as Wills and Powers of Attorney that were needed by the activated soldiers. In addition, while at the armories, the soldiers who had their families present were lectured as to their rights. Any legal problems or difficulties were immediately attended to by lawyers who were at the armories, or when the families visited their office. There were no fees charged for these services as all lawyers served pro-bono. During the lectures Justice Kassoff emphasized, "We are not providing a gift. You are entitled to it." Many times there were communications from soldiers in the Middle East about the legal difficulties and complications their wives and children had in New York State. The fact that there were lawyers who represented them did much to raise the morale of those on active duty. The National Guard, U.S. Army and Marine Corps all received legal assistance.

Justice Kassoff remembers one soldier, who had planned to marry his pregnant girlfriend, but was to be sent overseas in two days. The Judge told them to come to his chambers, where he signed an order waiving the waiting period, and sent someone to go with them to get a marriage license. After the license was obtained, Justice Kassoff had the opportunity to meet the newlyweds after the war, and introduced to their son, born while the father was overseas, who they named after the Judge.

In addition to his duties on the Appellate Term, Justice Kassoff also presides over the parts that deal exclusively with Guardianships, Certiori and Tax Condemnations, and cases that involve insurance coverage.

As a judge who sits in very technical parts, Justice Kassoff is very impressed with the professionalism of the Queens County Bar. The Justice observed that "Attorneys show that they really care for their clients and act in a humanitarian way, especially in Guardianships." The Judge recalls many occasions where a Guardian is appointed for needy people of little means, and the attorney waives his or her fee without the request of the Court. Justice Kassoff makes certain that those attorneys who professionally and conscientiously serve their charges are rewarded with another more lucrative appointment.

Attorneys are not the only ones who get to display compassion in the Guardianship Part. Justice Kassoff recalled a case where a woman and her husband sought to be appointed guardian for her sister, who was homebound, and needed full time care. The petitioners wanted to place the woman in a well maintained and reputable facility near their home, where her needs can be best attended. The problem was that the woman did not want to leave her apartment. Justice Kassoff himself visited the woman, and told her that he was not going to force her to go anywhere she did not want to go, but suggested that she visit the facility, and maybe even stay overnight. The woman agreed, and eventually was so impressed with the home that she agreed to move there without being compelled to do so. By being patient and going slowly, the Judge was able to gently ease the woman into a healthier environment that she initially resisted.

Justice Kassoff also remembered a situation where a woman, who was being taken advantage of self petitioned the court to have a guardian appointed to protect her. Eventually her finances were straightened out and simplified to the extent that the Judge when petitioned by the incapacitated person, dismissed the guardian, allowing the grateful lady to look after her own affairs.

Justice Kassoff, as a former trial attorney, is aware of the practical difficulties faced by attorneys. During the recent blizzard, he permitted a snowbound lawyer to proceed with a trial via telephone conference call. He has also permitted an out of state litigant, who was too frail to travel to appear at a trial by video tape and conference call.

Justice Kassoff is involved in numerous professional activities. He is currently the chairman of the State Federal Judicial Council Committee. For six years, he was a member of the Executive Committee of the National Conference of the State Trial Judges of the American Bar Association. Justice Kassoff was the Chairman of the Education Committee of the National Justice's Association of the City of New York, The Northeastern Regional Business Law Association, and the American Business Law Association, and The National Conference of State Tax Judges. Justice Kassoff is listed in Who's Who in American, Who's Who in American Law, Who's Who in the East, Who's Who in the World and Who's Who in World Jewry.

While proud of his many and varied accomplishments, Justice Kassoff is very proud of his family. His wife Phyllis had a graduate degree in early childhood development. His son Mitchell followed in his father's footsteps and is an attorney who specializes in franchising. Justice Kassoff's son Robert holds a doctorate in Clinical Psychology. In the Judge's chambers, on the wall directly behind his desk, between a United States Flag and a General Flag, is a large picture of Justice Kassoff's father, taken in uniform while serving in the Argonne Forest in l9l7, and a picture of his mother taken during WWII, in her Red Cross Uniform, and a smaller photo of himself taken in France when was commissioned a Second Lieutenant in the infantry.