We noted last month that Judge Eugene F. Pigott will retire at the end of this year. We read with interest that unlike recent retirees from the Court of Appeals, Judge Pigott does not intend to return to private practice, but rather has notified the Office of Court Administration that he would like to stay on and try cases as a certificated Supreme Court justice. While Court of Appeals judges must retire at the end of the year in which they turn 70, they can seek approval from OCA to remain as a certificated trial judge for up to three, two year terms.

Judge Pigott had served as a Supreme Court justice before being appointed by Governor George Pataki to the Appellate Division, Fourth Department, and then to the Court of Appeals. If Judge Pigott’s request is approved by OCA, it will put Fourth Department justices in the odd position of reviewing decisions of a judge who has been reviewing their decisions for the past decade.

Doctrine of Champerty

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