Calendars Decisions

Justices of the Court

Associate Justice Robert J. Miller

Judicial Offices

Associate Justice, Appellate Division, Second Judicial Department, appointed by Gov. David Patterson, December 21, 2010

Justice of the Supreme Court, Second Judicial District, Brooklyn, NY (elected November, 2007)

Other Professional Experience

Reed Smith
Partner (2002-2007)

Parker Duryee Rosoff & Haft, P.C.
Partner (1996-2001)

Weiss, Blutrich, Falcone & Miller & Successor Firms
Partner (1983-1996)

Kriendler & Relkin
Partner (1978-1983)

Equitable Life Assurance Company
Law Department - Staff Attorney (1974-1978)

Admission to the Bar

New York State, March 1975 (Second Judicial Department)

United States District Court : Southern, Eastern, Western and Northern Districts of New York

United States Court of Appeals, Second Circuit

United States Supreme Court

Education

Georgetown University Law Center, Washington, D.C.
J.D. 1974

Brooklyn College, Brooklyn, New York
B.A. 1971

Publications & Leading Cases

Leading Cases

Matter of Bursch v Purchase Coll. of the State Univ. of NY, 164 AD3d 1324 (2018)
Dissenting Opinion

People v Hargrove, 162 AD3d 25 (2018)
Unanimous Opinion

Heeran v Long Is. Power Auth. (LIPA), 141 AD3d 561 (2016), affirmed 30 NY3d 719 (2018)
Dissenting Opinion

People v Wells, 138 AD3d 947 (2016), leave to appeal denied 28 NY3d 902 (2016)
Dissenting Opinion

Abrams v Bute, 138 AD3d 179 (2016), leave to appeal denied 28 NY3d 910 (2016)
Unanimous Opinion

Gessin v Throne-Holst, 134 AD3d 31 (2015)
Unanimous Opinion

International Shoppes, Inc. v At the Airport, LLC, 131 AD3d 926 (2015)
Dissenting Opinion

Taggart v Costabile, 131 AD3d 243 (2015)
Unanimous Opinion

People v Clark, 129 AD3d 1 (2015), affirmed 28 NY3d 556 (2016)
Dissenting Opinion

People v Nelson, 125 AD3d 58 (2014), affirmed 27 NY3d 361 (2016)
Majority Opinion

People v Harris, 117 AD3d 847 (2014), affirmed 26 NY3d 1 (2015)
Dissenting Opinion

Pines v State of New York, 115 AD3d 80 (2014), appeal dismissed 23 NY3d 982 (2014)
Unanimous Opinion

Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 114 AD3d33 (2013),
affirmed 25 NY3d 498 (2015)
Dissenting Opinion

Matter of Banos v Rhea, 111 AD3d 707 (2013), reversed 25 NY3d 266 (2015)
Dissenting Opinion

People v Thompson, 111 AD3d 56 (2013)
Majority Opinion

Matter of Powers v St. John's Univ. Sch. of Law, 110 AD3d 888 (2013)
Dissenting Opinion

Rivers v Birnbaum, 102 AD3d 26 (2012)
Concurring Opinion

North State Autobahn, Inc. v Progressive Ins. Group Co., 102 AD3d 5 (2012)
Unanimous Opinion

People v Payton, 100 AD3d 786 (2012), modified in part 22 NY3d 1011 (2013)
Dissenting Opinion

People v Clermont, 95 AD3d 1349 (2012), modified in part 22 NY3d 931 (2013)
Dissenting Opinion

Matter of Steven C., 93 AD3d 91 (2012)
Unanimous Opinion

Landon v Kroll Lab. Specialists, Inc., 91 AD3d 79 (2011), affirmed 22 NY3d 1 (2013)
Unanimous Opinion

Wilson v Corestaff Servs. L.P., 28 Misc 3d 425 (Sup Ct., Kings County; 2010)
Opinion

Teaching Programs

Faculty- CLE Program “ Ethics in Appellate Practice”- April 2018 - New York State Federal Judicial Council

Faculty- CLE Program “ Understanding Daimler: The Impact of the Supreme Court’s Decision on Various Aspects of New York-State Law”- November 2016 - New York State-Federal Judicial Council

Faculty- CLE Program - “Attorney Privilege and Work Product” - May 2015 - New York State- Federal Judicial Council

Faculty- CLE Program - “CPLR Update” - April 2013, 2015, 2017 - Defense Association of New York

Faculty- “Recent Developments in Immigration Law" - February 2016 - Catholic Lawyers Guild

Faculty- “The Impact of Religious Belief in Decision Making”- October 2013 - Catholic Lawyers Guild

Faculty- “Appellate Practice in the 2nd Department”- May 2013 - Columbian Lawyers Association

Faculty “ Applications for Late Notice of Claim”- April 2009 - Columbian Lawyers Association

Faculty – CLE Program – “Is Commercial Arbitration the New Litigation?” – January 2005 – Association of the Bar of the City of New York.

Faculty – CLE Program for Appellate Court Attorneys – “Recent trends in Arbitration Law” – June 2004 - Appellate Division 2nd Dept.

Faculty – “Recent Case Law Review in Arbitration” - September - 2005 and November 2004 – American Arbitration Association.

Faculty – CLE Program – “Collections and the Enforcement of Money Judgments in New York” – June 2005 New York State Bar Association

Faculty – “An Arbitration Survival Guide for Commercial Disputes” – March 2005 – American Arbitration Association

Faculty – “Practicing Commercial Arbitration Today – 1st Class Justice” – January 2004 – American Arbitration Association

Professional & Civic Activities

NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT
Member (2018-Present)

ETHICS COMMISSION FOR THE UNIFIED COURT SYSTEM
Chair (2018 – Present)

AMERICAN BAR ASSOCIATION
Member , Judicial Division (2008- present)
Committee on Dispute Resolution (2000 – 2002)

NEW YORK STATE BAR ASSOCIATION
Member, Judicial Section (2008- present)
Member, Committee on Judicial Discipline (2012- present)

ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
Member (1978- present)
Committee on Litigation (2000)
Committee on Arbitration (2002 – 2004)

NEW YORK STATE-FEDERAL JUDICIAL COUNCIL
Member (2010- present)

ASSOCIATION OF JUSTICES OF THE SUPREME COURT OF THE STATE OF NEW YORK, NEW YORK
Member (2008- present)

BROOKLYN BAR ASSOCIATION
Member (2007- Present )

FEDERAL BAR COUNCIL
Member, Second Circuit Committee (2000 – 2007)

NATIONAL PANEL OF ARBITRATORS OF THE AMERICAN ARBITRATION ASSOCIATION
Member (1995 - 2007)

LAWYERS' ASSOCIATION OF THE TEXTILE & APPAREL INDUSTRIES, INC.
President (1989 – 1991)
Member Board of Governors (1984 – 2001)

CATHOLIC LAWYERS GUILD OF KINGS COUNTY
Member (2008-present)

COLUMBIAN LAWYERS ASSOCIATION OF BROOKLYN
Member (2008- present)

ASSOCIATION OF COMMERCIAL FINANCE ATTORNEYS
Member (2002 – 2007)

FEDERATION OF ITALIAN-AMERICAN ORGANIZATIONS OF BROOKLYN, LTD. (FIAO)
Legal Advisor (1991 - 2007)

ORATORY CHURCH OF ST. BONIFACE ROMAN CATHOLIC CHURCH Brooklyn, New York
Trustee (2005 – 2007)

ROMAN CATHOLIC DIOCESE OF BROOKLYN
Member Commision on Racism (2018)

FLATBUSH DEVELOPMENT CORPORATION
Vice-President (1986 – 1991)
Member - Board of Directors (1984 – 1993)
Chair - Law Committee (1987 – 1991)

DITMAS PARK ASSOCIATION
President (1983 - 1985)
Member - Board of Directors (1983 – 1986)