Housing Court Judge Marked for Removal Fighting to Stay on Job
A controversial New York City Housing Court judge—who an advisory council recommended for removal from the bench amidst a raft of complaints against her—wants to be reappointed to her seat.
January 10, 2018 at 05:42 PM
4 minute read
A controversial New York City Housing Court judge—who an advisory council recommended for removal from the bench amidst a raft of complaints against her—wants to be reappointed to her seat.
The complaints, which were described in a confidential letter that was leaked to the New York Post, led to the recommendation of the Advisory Council for the Housing Part for the ouster of Judge Susan Avery.
Avery, a 2012 appointee to the bench on the city's Housing Court who presided over a housing part in Brooklyn and now sits in Manhattan, was criticized for lengthy delays in proceedings before her and conflicts of interest regarding her family's real estate holdings.
Also among the concerns about Avery's conduct, according to a copy of a confidential letter from the advisory council that was read to the Post, included a 2013 incident in which she chided a lawyer with cerebral palsy for having bad handwriting.
Barry Kamins, a partner at Aidala Bertuna & Kamins and a retired state Supreme Court justice who is representing Avery in the matter, said Avery is applying for reappointment to her seat because her five-year term ended, but declined to comment further.
Chief Administrative Judge Lawrence Marks is set to make the final decision of whether or not Avery will be reappointed to the bench, Kamins said.
According to the Post's report, as well as Housing Court practitioners with knowledge of Avery's courtroom conduct who declined to be named, there have been complaints about excessive delays in cases before Avery in which tenants have been left without heat or hot water.
The 14-member advisory council is made up of representatives from the real estate industry, civic groups and bar associations. Members who were reached by the Law Journal declined to comment.
The leak of a confidential letter to the Post concerning a Housing Court judge has raised the ire of the Housing Court Judges Association.
In a letter to Marks, Housing Court Judge Timmie Erin Elsner, president of the association, said the Post article raised “serious issues” regarding the integrity of the advisory council and requesting that the Office of Court Administration review the procedures in place for keeping the advisory council's findings confidential, but did not name Avery specifically.
“The information in the document was not intended for dissemination to the public,” Elsner wrote. “Its circulation, prior to a final determination regarding her future as a housing judge, is damaging on many levels.”
OCA spokesman Lucian Chalfen said that court officials intend to address concerns about the leak in the letter that will be sent to the advisory council in the coming days.
“Hopefully there will be no recurrence,” Chalfen said.
Gail Prudenti, who served as chief administrative judge for the court system at the time of Avery's appointment and who is now dean of the Maurice A. Deane School of Law at Hofstra University, said she does not recall appointing Avery specifically or any issues arising from the appointment.
In 2016, Avery ran for a seat on the bench in Manhattan Civil Court, but lost to Sabrina Kraus in the Democratic primary, who earned 55 percent of the vote and ran unopposed in the general election.
During the run-up to the 2016 primary elections for Civil Court, the New York City Bar Association gave Avery a “not approved” rating, however the city bar does not publicly issue its reasoning behind ratings for political candidates.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNew York-Based Skadden Team Joins White & Case Group in Mexico City for Citigroup Demerger
Bankruptcy Judge Clears Path for Recovery in High-Profile Crypto Failure
3 minute readUS Judge Dismisses Lawsuit Brought Under NYC Gender Violence Law, Ruling Claims Barred Under State Measure
Trending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250