Articles

Profile of the Honorable Marcia P. Hirsch

By Michael Goldsmith

Court of Claims Justice Marcia P. Hirsch brings a wealth of public and private sector experience to the judiciary. She currently presides in the Criminal Part of the New York State Supreme Court in Queens County.

Justice Hirsch grew up in Schenectady. She graduated Magna Cum Laude from Union College with a degree in political science. She distinguished herself academically and was elected to the honor society Phi Beta Kappa. She also graduated college in only three years.

The decision to enter law school was an easy one for the future judge. Her mother was a legal secretary and would come home with fascinating stories. Justice Hirsch got her first look at the legal profession as a student, working as a file clerk in the same law firm, which was a general practice with a heavy emphasis on personal injury litigation.

Judge Hirsch received her J.D. from Syracuse Law School, where she also graduated early, in 2 ½ years. Perhaps her future on the bench was presaged, as she served in the Moot Court Board while attending law school.

When asked why she went through her schooling so quickly, Justice Hirsch replied “I was the oldest of four. There were three other siblings behind me. It was easier for my parents’ financially if I could get through college and law school in the shortest time possible.”

In 1978, Judge Hirsch was admitted to the New York State Bar in the Third Department. Her first legal job was as assistant counsel at the New York State Higher Education Services Corporation in Albany. Her tasks at the firm were primarily in the area of collection of student loans, making court appearances in Bankruptcy Court, and engaging in legal writing and research on educational issues.

In l979, Justice Hirsch got married, moved to New York City, and received her first judicial experience as an administrative law judge at the New York State Department of Social Services in Manhattan. There, she presided over administrative fair hearings de novo for food stamps, home relief, aid to families with dependent children and Medicaid. She also drafted decisions and trained new personnel.

In 1980, Justice Hirsch entered into the private sector as a associate at Mandell and Mandell, a Manhattan general practice. It was there that she was first able to engage in trial work. Her areas of practice also included closings, landlord/tenant, personal injury and commercial litigation.

In l983, the future judge went to work for one of the firm’s clients, RKM Enterprises Inc. As in house counsel, Justice Hirsch provided full service legal representation to the Manhattan real estate management firm. She handled L & T cases, CAB matters, reviewed all rental histories and administrative proceedings for closings, and engaged in general commercial litigation.

In l984, Justice Hirsch opened the door to her own firm. “This was an exciting time for me. I had the flexibility to have children. By necessity, I was able to participate in take your daughters to work day way before anyone had that concept,” said Judge Hirsch with a smile. In the six years that she engaged in private practice, Judge Hirsch represented clients in all aspects of Landlord/Tenant matters, administrative proceedings before the NYS Division of Housing and Community Renewal, general litigation, transactional real estate matters and cooperative and condominium matters.

In 1990, because her firm grew and had a large volume of cases, she merged her practice with Horing & Welikson, P. C. There, the new partner managed the administrative law department, supervised and trained attorneys and staff, handled all manner of New York State Division of Housing and Community Renewal proceedings, petitioned for administrative review (PAR) Article 78 Proceedings and Appeals in the Appellate Division and Court of Appeals. During that period, was involved in at least one high profile case, representing the net lessee in the notorious Happyland Social Club fire case.

From October 1995 to March of 1997, Justice Hirsch served as an acting general counsel at the NYS Division of Housing and Community Renewal. She was appointed Acting General Counsel on November 1, 1996 and General Counsel in March of 1997.

As General Counsel, Justice Hirsch shouldered a substantial amount of responsibilities.

She served as ethics officer, and personally handled major cases which effected housing policy within the State. Justice Hirsch personally argued before the Court of Appeals in Gaines v. DHCR.

Justice Hirsch came to the agency during an interesting period. “At that time, the rent laws were expiring. When the rent laws changed, the agency had to do all the rent law codification to reflect the changes. I was involved in the negotiations in Albany. It was a lot of work, as the code really hadn’t been looked at since 1984.” Ultimately, the laws were extended for six years until 2003, and again for eight years until 2008.

As General Counsel, Justice Hirsch was responsible for the coordination of all legal work performed within the agency in both the Rent Litigation Unit and in the General Laws Unit, and provided legal advice and guidance to DHCR executive staff, agency administrators and program managers, in the Office of Rent Administration, the Office of Housing Management and the Office of Community Development. She also directed and formulated legislative programs for the Agency in consultation with the Commissioner and Office of the Governor.

In conjunction with the Director of Policy and Liaison, Justice Hirsch coordinated the legislative program with State and Federal Agencies as well as the NY Legislature. She also worked collaboratively with the State Housing Finance Agency, State of New York Mortgage Agency, Roosevelt Island Operating Corp. and Empire State Development and the Governor’s Office for small cities on housing matters.

In addition to her other responsibilities, Justice Hirsch coordinated litigation in cooperation with the Office of the Attorney General on behalf of agency programs and represented the commission at meetings of state and federal legislators, local officials, various constituency groups and the general public. She also served as counsel to the NYS Housing Trust Fund and provides administrative and managerial direction to the office of Legal Affairs.

Just ice Hirsch also served as the Commissioner’s representative on the New York City Housing Court Advisory Council, where she helped to screen and interview applicants for the Housing Court bench.

In 2004, Justice Hirsch was appointed to the Court of Claims by Governor Pataki and confirmed by the Senate on June 10, 2004.

Justice Hirsch was assigned to the Criminal Part of the Supreme Court in Queens County.

While acknowledging that there a learning curve, Justice Hirsch’s background as General Counsel for the Dept. of Housing provided her with valuable experience, as she had the opportunity to work with investigators where criminal matters came up.

It is terrific being a judge”, said Justice Hirsch. “I am working with wonderful people and have had opportunities to learn from some terrific judges. Everyone has been wonderful and welcoming. I am looking forward to being on the bench in Queens. It is a fantastic opportunity and another extension of my public service. I will go wherever they need me”

Justice Hirsch is an avid walker, and loves to read. She has two daughters. The youngest is graduating from high school, and the older daughter is in college. “I am an empty nester and a new judge.” said Judge Hirsch somewhat wistfully.