Articles

Profile of Hon. DAVID GOLDSTEIN, Justice of the Supreme Court

By Michael Goldsmith

A love of the law and the continuation of a proud family tradition led the Hon. David Goldstein to his ascension to the New York State Supreme Court.

The future Justice Goldstein was born and raised in Far Rockaway, Queens. His grandfather, David Goldstein, a Russian immigrant, formed a law firm in 1903, and later a partnership with his brother, Jonah J. Goldstein. The elder David Goldstein became one of the finest trial attorneys of his time, particularly in the fields of criminal and insurance law. He was also active in the development of the Progressive (Bull Moose) Party in New York, which was led by Theodore Roosevelt. Great Uncle Jonah went on to become a General Sessions Judge in the 1930's, having been sworn in by the colorful Mayor of New York City, the Hon. James J. Walker. Jonah Goldstein authored "The Family In Court," in 1934, and he was instrumental in the creation of the Family Court. The original Judge Goldstein also had a distinguished career in politics. He defeated Tammany in a judicial election in the 1930's. In 1945, Judge Goldstein was defeated in the Mayoral Election by William O'Dwyer.

Justice Goldstein's father, Gilbert, eventually went into the family practice in the 1930's. Goldstein & Goldstein practiced mainly in plaintiff's insurance, negligence, criminal law and appellate work. Although Gilbert Goldstein tried to discourage his son from becoming an attorney because of the arduous hours and hard work, young David Goldstein always knew what he wanted to do when he grew up.

Justice Goldstein attended New York University, earning his BA Degree in Sociology in June, 1965. He graduated on the Dean's List, was active in the Pre-Law Society, and was a member of Zeta Beta Tau Fraternity.

Justice Goldstein received his J.D. from New York University School of Law in June 1968, graduating in the top quarter of his class. He received the American Jurisprudence Prize for Excellence in Commercial Law, Insurance Law and Labor Law. Inspired by his summer and part time work at the family practice, he authored a Senior Law Note "Suicide and New York Law Under Policies of Insurance," which was published in the New York University Intramural Law Review.

Justice Goldstein brings a varied background to the bench. After Law School, Justice Goldstein was employed as a Law Clerk to Hon. Matthew M. Levy, Justice of the Supreme Court from August, 1968, to September, 1969. That experience started the future Judge's love of the law, and love of the court system. For the next four and a half years Justice Goldstein was associated with Kreindler & Kreindler, and was involved with aviation accident litigation, products liability, negligence and insurance litigation.

Justice Goldstein went back to the Court System in July, 1974, as a Law Secretary to the Hon. Arnold L. Fein of the Supreme Court and later accompanied him to the Appellate Division, 1st Dept. In October, 1980, he again went into private practice, first as an Associate with Abrams & Martin, P.C., involved with insurance litigation and appellate practice, and later for a short time with his own firm, which practiced negligence, insurance, products liability, malpractice litigation and appellate work.

In April, 1982, Justice Goldstein became the Law Secretary-Executive Assistant to the Hon. Shanley N. Egeth, the Administrative Judge of the Civil Court of the City of New York. Following the passing of Judge Egeth, he served in the same capacity with the newly appointed Administrative Judge, the Hon. Israel Rubin. In October 1982, Justice Goldstein became the Law Secretary to the Hon. Bentley Kassal, Associate Justice of the Appellate Division, 1st Dept, and during his designation as Associate Judge of the Court of Appeals, in April and May 1985. Justice Goldstein developed his judicial philosophy from the three judges that he served. Judge Egeth was particularly adept in settling cases, and "had the ability to probe until he reached the heart of an issue, and used the strengths and weaknesses of each side to effect a resolution." Justice Goldstein believes that "If people discuss differences openly and in confidence, nearly all matters can be resolved." Justice Fein, who was like a "second father," was "one of the finest judges who ever served our judicial system." "He was a scholar with a great love of the law, and loved trial work." Justice Kassal exemplified the fine qualities of both - "He has a sense of fairness and equity, mixed with scholarship. If I could project ten percent of that, I'd be doing well."

On January 1, 1988, Justice Goldstein began his distinguished judicial career as a Judge of the Civil Court. In two and a half years as a Judge of the Civil Court, Judge Goldstein issued over 40 written decisions, published as Decisions of Interest in the New York Law Journal, many of which were published in the Official Reporter. Justice Goldstein thoroughly enjoyed his time on the Civil Court. "I got to do everything, including conferencing cases, trials and writing opinions." Justice Goldstein especially enjoyed Small Claims Court, as he had many opportunities to consider legal issues. "People in Small Claims Court would have issues they didn't know they had."

Justice Goldstein served on the Civil Court until June 19, 1990, when he was appointed to the Supreme Court by Gov. Cuomo. In November, 1990, Justice Goldstein was elected to a full term on the Supreme Court. The newly appointed Justice Goldstein sat in the Civil Part in Kew Gardens until being assigned to a criminal part in Long Island City in Feb., 1991. In July of that year, he was transferred to Criminal Term J-4. In Nov. 1994, Justice Goldstein was transferred to a Civil Part, where he now sits. Currently he sits in Civil Term, IAS Part 14, in Jamaica.

Justice Goldstein has had some high profile cases during his tenure on the bench. Roy Hickman, the "Forest Hills Rapist," terrorized the area for about six months before being apprehended in March, 1991. Justice Goldstein took a role in the plea negotiations that eventually led Hickman to be sentenced to 20-60 years.

Justice Goldstein's most upsetting trial involved Jason Radke, who had killed his six day old baby, and disposed of the body with his German Shepherd. The case involved extremely graphic evidence, including x-rays, autopsy films, photos and slides of identifiable body parts. After the trial, because of the extraordinarily unsettling testimony, the Administrative Judge, the Hon Alfred D. Lerner, approved Justice Goldstein's request, and initiated a program, using a team of psychologists to help the jurors, court officers and stenographers resume with their normal lives.

Not all his experiences in the Radke case were so grim. Justice Goldstein recalled the situation of the "smelly juror." In a criminal trial, several jurors objected to a juror because of his lack of personal hygiene. Moreover, this man talked to himself in the jury room and the court room saying, "Guilty or not? Only God knows." He did this while slapping his legs with both hands. Ultimately, after a hearing, Justice Goldstein removed the juror because of his odor, and for his bizarre antics. The Appellate Division affirmed the ruling on the grounds that the juror did not obey the Judge's instruction when Justice Goldstein had instructed the jurors "not to talk about this case to anyone, including yourself."

Justice Goldstein is involved in many professional organizations including the Association of Supreme Court Justices of the State of New York, and was a former member of Executive Board of the Board of Judges of the Civil Court of the City of New York. He is currently a member of the New York State Bar Association, the Queens County Bar Association, the Association of the Bar of the City of New York and the New York State Trial Lawyers Association. He is also a member of the Board of Directors of Brandeis Association, Inc.

As did his Great Uncle Jonah, Justice Goldstein dabbled in politics. He was a member of the New York State Democratic Committee, 28th Assembly District from 1974 to 1986, a member of the Executive Committee of the New York State Democratic Committee from 1984 to 1986, and had served as Past President and charter member of the Continental Regular Democratic Club.

As for hobbies, Justice Goldstein is in the enviable position of being paid to do what he enjoys. "I love the law, and I like to write about the law." Since coming to the Supreme Court, he had about 60 opinions published in the New York Law Journal, and about half of those were published in the official reports. Justice Goldstein is often seen in his chambers at night and at home on weekends writing judicial opinions. His office is like a "home away from home," and is filled with antiques, and memorabilia from old cases. The furniture mostly belongs to Justice Goldstein. His desk is from his old law practice. There is an old partner's desk from his father's office. The chairs are restored antiques. On the wall is a framed lithograph, "Gentlemen of the Jury" which originally hung in his father's office in the 1920's. The walls of his office are covered with framed newspaper clippings about the exploits of his noted forbearers. Several book shelves are filled with bound volumes of his family's appellate work. There are also items of historical interest. On one wall is a letter from President Teddy Roosevelt to Justice Goldstein's grandfather. Hanging nearby are several letters from Al Smith, with whom his grandfather was close, as well as documents signed by DeWitt Clinton and William "Boss" Tweed.

When not delving into the law, Justice Goldstein's love of antiques leads him to travel and discover rare items. Several interesting pieces decorate his office. Justice Goldstein also keeps some candy in a sixty year old cigar box to put children at ease during infant compromise hearings.

The Goldstein tradition in the law continues to the fourth generation. Justice Goldstein's daughter Deborah was just recently admitted to the bar after graduating from St. John's University. She is currently associated with Strook & Strook & Lavan in the litigation department. His younger daughter, Robin, just graduated from the Fashion Institute of Technology, and is looking forward to a career in international trade.