FacultyFaculty/Author Profile

Hon. Anthony J. Carpinello

JAMS
(Retired)
New York, NY, USA


Hon. Anthony J. Carpinello (Ret.) has earned a reputation for his ability to expeditiously and professionally resolve complex litigation. He is regarded by both counsel and parties alike as being knowledgeable, courteous, and totally committed to the settlement process. Prior to his 14 years of distinguished public service in the state judiciary on both the trial and the appellate levels, he was in private practice for 20 years where he concentrated on commercial litigation including all aspects of banking and business matters with particular emphasis on loan documentation and collection, real
estate, negotiable instruments, enterprise sales and acquisitions, and general corporate advice.

ADR Experience and Qualifications

  • As a trial judge, responsible for an Individual Assignment Part averaging 600+ pending cases, deciding motions and conducting trials (jury and non-jury); actively conferencing cases for settlement; and handled all aspects of civil cases, including common law negligence, Labor Law claims, medical and legal malpractice, fraud, breach of contract, corporate dissolutions, and all other categories of civil actions
  • As an appellate judge, participated in adjudicating appeals in civil, criminal, family and Surrogate’s Court cases from originating courts in the 28 counties surrounding the New York Capital District region
  • As both a trial judge and as an appellate judge, mediated thousands of personal injury claims, business disputes, and actions pending in New York State Supreme Court such as:
    • Settled a multi-million dollar action between a public utility and a private power investor which
      alleged breach of contract over the sale and redevelopment of an historic hydro-electric facility
      which settlement required both Federal Energy Regulatory Commission and State Historic
      Preservation Commission approvals
    • Settled a multi-million dollar action between partners of a shopping center and apartment
      complex development company alleging fraud and breach of fiduciary duty involving allocation
      of construction profits and tax credits
  • As an Associate Justice of the New York State Supreme Court, Appellate Division, Third Department, Justice Carpinello has participated in the adjudication of over 12,000 reported cases. These cases include medical malpractice, personal injury, breach of contract, fraud, challenges to administrative determinations, corporate dissolutions, and all other categories of civil, criminal, and matrimonial actions.

 

Representative Matters

Examples of significant appellate decisions authored by Justice Carpinello include the following:

  • Berry v. Lazaro (250 AD2d 63). Prevented intervention by health insurers in a medical malpractice action brought by their own insureds
  • Cramer v. Englert (262 AD2d 827). Reinstated legal malpractice claim arising out of lost security interest in bankruptcy
  • Gray v. Seaboard Securities (14 AD3d 852). Found that a state consumer protection law providing a civil remedy for victims of deceptive business practices is not applicable to securities
    transactions
  • Western Land Services v. Dept. of Environmental Conservation (26 AD3d 15). Construed state statute requiring a “just and reasonable” royalty to non-consenting owners of gas wells
  • Daimler Chrysler Corp. v. Spitzer (26 AD3d 88). Determined that New Car Lemon Law does not require existence of defect at time of arbitration hearing
  • Emigrant Bancorp v. Comm. of Taxation and Finance (59 AD3d 30). Annulled State Tax Department methodology for calculating bank bad debt reserve balance for qualifying real property loans under Tax Law
  • Ayers v. O’Brien (60 AD3d 27). Interpreted provision of Vehicle and Traffic Law insulating government emergency vehicle operators from negligent acts

Honors, Memberships, and Professional Activities

  • Chair, New York Sate Continuing Legal Education Board, 2006-present
  • Frequent lecturer in bar association programs and continuing legal education programs on creditor rights, mortgage foreclosures, lender liability, bankruptcy, and appellate practice
  • Admitted to practice in New York State and before the U.S. Court of Appeals for the Second Circuit
  • Member, New York State Bar Association, Supreme Court Justices Association, American Inns of Court

Background and Education
  • Associate Justice New York State Supreme Court, Appellate Division, Third Department, 1996-2008
  • New York State Supreme Court Justice, 3rd Judicial District, 1995-1996
  • Private Practice, Hiscock & Barclay, specializing in commercial litigation, 1974-1994
  • Law Clerk, New York State Supreme Court, Appellate Division, Third Department, 1973-1974
  • J.D., Albany Law School, cum laude, Justinian Society, Law Review, 1973
  • B.S., Union College, 1970

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