Charles D. Breitel
Encyclopedia
Charles David Breitel was an American lawyer and politician from New York
. He was Chief Judge of the New York Court of Appeals
from 1974 to 1978.
and a law degree from Columbia University Law School. On April 9, 1927, he married Jeanne S. Hollander, and they had two daughters.
From 1934 to 1950 he worked for Thomas E. Dewey. While Dewey was, successively, New York City's Special Prosecutor of Rackets, District Attorney of New York County, briefly in private law practice, and from 1943 on Governor of New York
, Breitel was Assistant D.A., Dewey's law partner, and Counsel to the Governor.
In 1950, Dewey appointed him a justice of the New York Supreme Court
to fill the vacancy caused by the death of Samuel Null. In December 1950, Dewey re-appointed Breitel to the Supreme Court to fill the vacancy caused by the resignation of Ferdinand Pecora
. In November 1951, he was elected on the Republican and Democratic tickets to a 14-year term, and re-elected in 1965. He was on the Appellate Division
from 1952 to 1966.
In January 1967, he was appointed a judge of the New York Court of Appeals
to fill the vacancy caused by the election of Stanley H. Fuld as Chief Judge. In November 1967
, he was elected to a 14-year term. In November 1973
, he was elected on the Republican and Liberal
tickets Chief Judge of the Court of Appeals, defeating Democrat Jacob D. Fuchsberg
and Conservative James J. Leff.
As Chief Judge, he was a strong proponent of changing the way of choosing the Court of Appeals' judges from popular election, which had been the system since its establishment in 1846, to having them appointed by the Governor and confirmed by the New York State Senate
. New York State voters approved a constitutional amendment, and Breitel's successor as Chief Judge, Lawrence H. Cooke
, was appointed by Governor Hugh L. Carey in 1979.
He retired from the bench at the end of 1978 when he reached the constitutional age limit of 70 years.
He had a stroke
in September 1990, and two months later entered the Mary Manning Walsh Nursing Home in Manhattan where he died of heart failure.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. He was Chief Judge of the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
from 1974 to 1978.
Life
He was the son of Herman L. Breitel and Regina D. (Zuckerberg) Breitel. He attended the public schools in New York City. He earned a bachelor's degree from the University of MichiganUniversity of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
and a law degree from Columbia University Law School. On April 9, 1927, he married Jeanne S. Hollander, and they had two daughters.
From 1934 to 1950 he worked for Thomas E. Dewey. While Dewey was, successively, New York City's Special Prosecutor of Rackets, District Attorney of New York County, briefly in private law practice, and from 1943 on Governor of New York
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
, Breitel was Assistant D.A., Dewey's law partner, and Counsel to the Governor.
In 1950, Dewey appointed him a justice of the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
to fill the vacancy caused by the death of Samuel Null. In December 1950, Dewey re-appointed Breitel to the Supreme Court to fill the vacancy caused by the resignation of Ferdinand Pecora
Ferdinand Pecora
Ferdinand Pecora was an American lawyer and judge who became famous in the 1930s as Chief Counsel to the United States Senate Committee on Banking and Currency during its investigation of Wall Street banking and stock brokerage practices.-Early career:Ferdinand Pecora was born in Nicosia, Sicily,...
. In November 1951, he was elected on the Republican and Democratic tickets to a 14-year term, and re-elected in 1965. He was on the Appellate Division
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
from 1952 to 1966.
In January 1967, he was appointed a judge of the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
to fill the vacancy caused by the election of Stanley H. Fuld as Chief Judge. In November 1967
New York state election, 1967
The 1967 New York state election was held on November 7, 1967, to elect two judges of the New York Court of Appeals. Besides, a revised State Constitution was proposed, and rejected; and a $2,500,000,000 transportation bond issue was approved by the voters....
, he was elected to a 14-year term. In November 1973
New York state election, 1973
The 1973 New York state election was held on November 6, 1973, to elect the Chief Judge of the New York Court of Appeals. Besides, a $3,500,000,000 transit-bond issue was proposed by Governor Nelson A. Rockefeller, and rejected by the voters with 1,593,531 votes For and 2,210,907 votes Against...
, he was elected on the Republican and Liberal
Liberal Party of New York
The Liberal Party of New York is a minor American political party that has been active only in the state of New York. Its platform supports a standard set of social liberal policies: it supports right to abortion, increased spending on education, and universal health care.As of 2007, the Liberal...
tickets Chief Judge of the Court of Appeals, defeating Democrat Jacob D. Fuchsberg
Jacob D. Fuchsberg
Jacob David Fuchsberg was an American lawyer and politician...
and Conservative James J. Leff.
As Chief Judge, he was a strong proponent of changing the way of choosing the Court of Appeals' judges from popular election, which had been the system since its establishment in 1846, to having them appointed by the Governor and confirmed by the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
. New York State voters approved a constitutional amendment, and Breitel's successor as Chief Judge, Lawrence H. Cooke
Lawrence H. Cooke
Lawrence Henry Cooke was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1979 to 1984.-Life:...
, was appointed by Governor Hugh L. Carey in 1979.
He retired from the bench at the end of 1978 when he reached the constitutional age limit of 70 years.
He had a stroke
Stroke
A stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
in September 1990, and two months later entered the Mary Manning Walsh Nursing Home in Manhattan where he died of heart failure.
Sources
- http://politicalgraveyard.com/bio/breen-brenizer.html Political Graveyard
- http://www.courts.state.ny.us/history/elecbook/thereshallbe/pg104.htm Listing of Court of Appeals judges, with portrait
- http://query.nytimes.com/gst/fullpage.html?res=9D0CEED6133CF930A35751C1A967958260 Obit in NYT on December 3, 1991